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HomeMy WebLinkAbout2009-12-22; City Council; 20084 part 3; 2005-2010 Housing Element General Plan AmendmentKira Linberg From: Sent: To: Subject: barbara tice [barbietice@yahoo.com] Wednesday, December 16, 2009 7:55 PM Council Internet Email buena vista creek valley All Receive - Agenda Item # JT For Information of THE CITY CQWtfCIL /- CM CA * CC Y Qate [2in From CM Asst. CM Dear council members, We do not need any more housing projects, especially in such a vital area. This type of property is irreplaceable. Please use funds which are specifically designed for such an acquisition to purchase this land as open space. Thank you for doing something the vast majority of residents support. f{ff<r^ ?<*. Sincerely, Barbara Tice Kira Linberg From: Sent: To: Subject: Pat Bleha [pcb@sbcglobal.net] Tuesday, December 15, 2009 3:07 PM Council Internet Email Dec. 22 City Council Meeting Hearing on2005-2010 All Receive - Agenda Item # _ THE CITY COUNCIL CM CA lx" CC v. CM Asst CM Mayor Bud Lewjs and City Council Members: Regarding your upcoming Dec 22 2009 on Hearing on 2005-2010 Housing Element I am totally against your destroying the Buena Vista Creek Valley, still another open space area without aivS and historical value. In fact the developer said he was willing to sell it for open space and YOU HAVE THE MONEY WE VOTERS PUT ASIDE FOR OPEN SPACE. Get off your buSdozer mentalitv and start listening to the voters. Need I remind you of this statement: According to Steven Gordon n The Trust for Public Land. "This property has tremendous resource values. It is a criSn^in the regional w.ldlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters and has significant historical and cultural value." You people are beyond ludicrous Either vou don't get it or there is some other blacker ulterior motive behind your continually finding way to destroy the little bit of uniqueness left in this City!!!! Patricia Bleha, 3209 Fosca St Carlsbad CA 92009 PS: How convenient of you to once again schedule a critical meeting near a holidayi UA All Receive - Agenda Item # _____ |<4- For Information of Phone message received at the City Clerk's office at 2: 16 PM on 12/19/2009 THE^lTY COUNCIL^, From Jane Mill Kerrick (760-598-3429) CM - CA — -9£ - Against Carlsbad City Council Item #14. AB #20,084 - 2005-2010 HOUSING EL£fld£NTf2/22Ffom Ciylt&Asst CMf ff*** — "I have a great desire to see the lands along the Buena Vista Creek Valley preserved. I have lived here "7; since 1951. The changes have not been all good. We can do much to preserve our future and for people s<t«,ry who love this land. I've loved it all these years. This is a critical issue." "My husband was a Science and Biology teacher at Vista High School. He used to take students into that Valley and it is a part of us. We die off , but the Creek and the areas around the creek need to be preserved for our students. The Creek areas around there need to be preserved." "I feel very strong about preserving the Buena Creek Valley lands." LAW OFFICES OF EVERETT L. DELANO III 220 W. Grand Avenue Escondido, California 92025 (760) 510-1562 (760) 510-1565 (fax) All Receive - Agenda (tern # December 21, 2009 For Information of THE/CITY COUNCIL / VIA E-MAIL CM_J_ CA__Jlcc *— —v/ — Honorable Mayor and City Council Members OateJ^ From CM^Asst. CM. c/o City Clerk ^; City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Proposed Revisions to the General Plan Housing Element and Mitigated Negative Declaration Dear Honorable Mayor and City Council Members: This letter is submitted on behalf of Friends of Aviara in connection with proposed revisions to the City's Housing Element ("Project") and related Mitigated Negative Declaration ("MND"). The Project will result in inconsistencies in the General Plan. The City is required to adopt an internally consistent General Plan. Cal. Gov. Code § 65300.5. As the draft Housing Element acknowledges, the proposal would result in inconsistencies with the Land Use Element and other elements. The Project will also result in inconsistencies with existing zoning. The California Environmental Quality Act ("CEQA"), Public Resources Code § 21000 et seq., requires the preparation of an Environmental Impact Report ("EIR") whenever substantial evidence in the record supports a "fair argument" that significant environmental impacts may occur. Pub. Res. Code § 21080(d); No Oil, Inc. v. City of Los Angeles (1975) 13 Cal.3d 68. If there is "substantial evidence that the project might have [a significant impact on the environment], but the agency failed to secure preparation of the required EIR, the agency's action is to be set aside because the agency abused its discretion by failing to proceed in a 'manner required by law.'" Friends of "B" Street v. City ofHayward (1980) 106 Cal.App.3d 988,1002. Here, the City should prepare an EIR before proceeding; the Project is likely to lead to several significant impacts. At several points the MND claims that the Project will not result in significant impacts because future approvals will be considered. However, this is inconsistent with CEQA's mandate that "that the environmental consequences of a government decision on whether to approve a project will be considered before, not after, that decision is made." Stanislaus Natural Heritage Project v. County of Stanislaus (1996) 48 Cal. App.4th 182, 196 (emphasis added). In Fullerton Joint Union High School Dist. v. State Ed. ofEduc. (1982) 32 Cal.3d 779, the California Supreme Court held that the State Board of Comments re Carlsbad Housing Element and MND December 21,2009 Page 2 of3 Education's approval of a plan to create a new school district and to transfer responsibility for high school education to that new district constituted "approval" of a "project" subject to CEQA. Id. at 784. The Court reasoned that the State Board of Education "cannot argue that its approval of the secession Plan is not a project merely because further decisions must be made before schools are actually constructed, bus routes changed, and pupils reassigned." Id. Likewise, the City cannot escape the significant impacts of the approval of revisions to its Housing Element merely because later approvals may be required for certain changes to occur. The Project is likely to lead to significant impacts to land use and aesthetics. As discussed above, the Project would result in inconsistencies within the General Plan and related zoning inconsistencies. The MND fails to acknowledge or discuss inconsistencies. See CEQA Guidelines § 15125(d). The Project is likely to lead to traffic and transportation impacts. The increased housing and population associated with the Project will increase demands on the existing and already overburdened transportation system. The Project is likely to lead to significant impacts to air quality. The analysis does not account for the existing air quality conditions. Assumed compliance with air emission requirements does not ensure that impacts will not be significant. Kings County Farm Bureau v. City ofHanford(\990) 221 Cal.App.3d 692, 718. The Project is likely to lead to water impacts. The MND fails to discuss the adequacy of water supply for the Project. Santa Clarita Organization for Planning the Environment v. County of Los Angeles (2003) 106 Cal.App.4th 715, 721-22. There is no showing that an adequate supply of water will be available. The Project is likely to lead to population impacts, which are not adequately discussed. Nor is there an adequate discussion of noise impacts. Additionally, Project is likely to lead to significant impacts associated with construction, which are not adequately discussed. Analysis under CEQA must embrace future development that foreseeably will occur if the City approves the Project. City ofAntioch v. City Council (1986) 187 Cal. App. 3d 1325,1333 - 36; CEQA Guidelines § 15063(a)(l). The MND fails to discuss likely additional development. The Project is likely to lead to significant biological resource impacts. The City is currently preparing an EIR for the proposed Bridges at Aviara project. Comments on the Notice of Preparation from the State Department of Fish and Game and U.S. Fish and Wildlife Service (hereby incorporated by reference) express substantial concerns with that proposed project, including its potential inconsistency with the Carlsbad Habitat Management Plan. These and other environmental issues must be addressed before approvals for development of the site may be approved. See Natural Resources Defense Comments re Carlsbad Housing Element and MND December 21,2009 Page 3 of3 Council v. City of Los Angeles (2002) 103 Cal. App. 4th 268, 271 ("The EIR is intended to furnish both the road map and the environmental price tag for a project, so that the decision maker and the public both know, before the journey begins, just where the journey will lead, and how much they - and the environment - will have to give up in order to take that journey"). The City is not free to piecemeal project review. "Environmental considerations do not become submerged by chopping a large project into many little ones - which cumulatively may have disastrous consequences." Bozung v. LAFCO (1975) 13 Cal.3d 263,283 - 84. The City is not free to approve certain changes to the Bridges of Aviara project now in advance of consideration of a complete and adequate EIR. Additionally, the Project's proposed mitigation measures are overly vague and fail to provide adequate criteria. Sacramento Old City Assn. V. City Council (1991) 229 Cal. App. 3d 1011,1029. Substantial changes were made both to the Project and the MND. These changes were made after the public review period for the draft MND ended. As such, recirculation of a revised draft environmental document should take place before this matter is approved by the City Council. The City must demonstrate by substantial evidence that the findings are supportable. Pacific Corp. v. City of Camarilla (1983) 149Cal.App.3d 168,178. The evidence supporting an agency's findings must have "solid value" in light of the entire record, including contrary evidence. Bank of America v. State Water Res. Control Bd. (1974) 42 Cal.App.3d 198, 213. The proposed findings for the Project, while numerous, are not supported by substantial evidence. Accordingly, Friends of Aviara requests that the City reject the Housing Element as proposed and the MND. Thank you for your consideration of these comments. Sincerely, cc: Scott Donnell, Senior Planner Jackson I DeMarcol Tidus Peckenpaugh December 22,2009 A LAW CORPORATION 805.418.1908 cbeam@jdtptew.( Westtake Office 5863.47636 CITY OF CARLSBAD CITY CLERK'S OFFICE Via Hand Delivery Honorable Mayor Lewis and Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 C'T1 (H)C^ Re: City Council Agenda 12/22/09 Draft 2005-2010 Homing Element Policy 2.1 Dear Honorable Mayor Lewis and Council Members: Policy 2.1 of the proposed Housing Element addresses specific sites for future housing needs in Carlsbad. A part of that program called out for the processing of General Plan Amendments and the processing of necessary amendments to the Zoning Ordinance and other planning documents such as master or specific plans to change the existing designations at Quarry Creek and several parcels in the Ponto area. The two Ponto parcels addressed in Program 2 1 are owned by our client "LSF5 Carlsbad Holdings, LLC" ("LSF') and are within the jurisdiction of the Coastal Commission and subject to the "Poinsettia Shores Master Plan. Although the Poinsettia Shores Master Plan is intended to serve as the Local Coastal Plan for these parcels, the land uses for the two areas (currently designated by the City's General Plan as an "Unplanned Area") are not currently fixed by the Master Plan and may only be fixed from the Coastal Commission's perspective by the City processing a Local Coastal Plan Amendment for the Master Plan concurrently with a City General Plan Amendment These actions must take place prior to or concurrent with a development proposal for either parcel. The Master Plan has wording requiring that, as a part of any future planning efforts, specific issues are to be addressed in the Ponto area. The need for consideration of these planning issues was addressed by the Coastal Commission during the July 2009 LCPA hearing for the Ponto Beachfront Village Vision Plan in San Luis Obispo. We are not opposed to the recommendations of Policy 2.1 and believe the addition of residential uses where proposed could add vitality to the area; however we have concerns about the Coastal Commission's reaction to the proposed changes without addressing the Master Plan issues. We urge as a part of the processing of these amendments that the Chy staff meet early in the process with Coastal Commission staff to attempt to determine whether they could support Irvine Office 2030 Main Street, Suite 1200 Irvine, California 92614 1949.752.8585 f 949.752.0597 Wesdake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 1805.230.0023 f 805.230.0087 www.jdtplaw.oom Honorable Mayor Lewis and Carlsbad City Council December 22,2009 Page'2 the proposed changes, and if they coujld, what type of modifications they might add to the changes. If the City decides to proceed with changing the General Plan designations of the two LSF sites (currently depicted in the Vision Plan as "Townhome and Mixed Use"), it should be done as a part of a comprehensive Master Plan/Local Coastal Plan Amendment for these sites, which addresses all of the issues. An approval of a comprehensive GPA/MPA/LCPA that implements the recommendations of the Housing Element as well as addressing the requirements of the Poinsettia Shores Master Plan would result in these two sites having a Local Coastal Plan that would allow for City of Carlsbad, not the Coastal Commission, to be the final decision-making body for the development of both sites. We realize that this type of amendment would probably take longer to process than an amendment that only addressed the Housing Element issues and left the other issues to be determined at a future date. But unfortunately a City-sponsored General Plan that did not address the Master Plan issues for the Unplanned Area may not be supported by the Coastal Commission and may serve to impede development of this critical portion of the Ponto Beachfront Village Vision Plan. In addition, a General Plan Amendment that did not address the Master Plan issues may require additional hearings with the Coastal Commission when an actual development proposal was brought forward. We believe that a complete GPA/MPA/LCPA that addressed all issues could avoid this situation. If you need any additional information regarding our concerns, please feel tree to contact Mike Howes at Howes Weiler & Associates. We look forward to the opportunity to work with staff on a comprehensive GPA/MPA/LCPA for the Ponto properties. Sincerely, Craig K. Beam CKB:mh 933270.2 cc: Don Neu - dneu@ci.carlsbad.ca.us Sandra Holder - shold@ci.carlsbad.ca.us Gary Barberio - gbarb@ci carlsbad.ca.us Lisa Hildebrand - lhild@ci.carlsbad.ca.us Ron Ball - rball@ci.carlsbad.ca.us Mike Howes - mikehowes(S)hwplanning.com Kira Lin berg From: Mattioda, James [Mattioda.James@scrippshealth.org] Sent: Monday, December 21, 2009 8:52 AM To: Council Internet Email Subject: save the Buena Vista Creek Please stop destroying our natural habitats. Preserve the creek and the waterfall. Sincerely, James Mattioda PhD 858 554 2033 This e-mail and any files transmitted with it may contain privileged and confidential information and are intended solely for the use of the individual or entity to which I:hoy are addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail or any of its attachment(s) is strictly prohibited. If you have received this e-mail in error, please immediately notify the sending individual or entity by e-mail and permanently delete the original e-mail and attachment(s) from your computer system. Thank you for your cooperation. Kira Linberg From: penny [pennyofcbad@roadrunner.com] Sent: Monday, December 21, 2009 2:29 PM To: Council Internet Email Subject: Quarry Creek Dear Council Members, I may not be able to attend the city council meeting tomorrow nite , but please add my voice lo the people who will be there to oppose building at Quarry Creek/El Salto Falls. For all of the environmental,anthropological,historical and religious reasons that have been given ....that property should be developed only for open space. It was at the top of the list for open space and an effort between the city and the people who are willing to donate would make it possible to purchase that area. Once again you are being asked to listen to your constituents....not the $developers$ or SANDAG , who blackmails us !! Will you listen this time ...or do we need to go thru another referendum as with Prop D/C ???? Penny Johnson 1360 Hillview Ct., Carlsbad 92008 Kira Linberg From: Wesley Marx [wmarx33@sbcglobal.net] Sent: Monday, December 21, 2009 3:12 PM To: Council Internet Email Subject: re HEARING ON 2005-2010 HOUSING ELEMENT To Members of the City Council, We support retaining Buena Vista Valley in open space because of its unique cultural and environmental values. We believe the site is not suitable for housing development because of soil and groundwater contamination and because of the long time line for clean up. Wesley and Judith Marx 2995 Ocean St Carlsbad, CA 92008J Kira Linberg From: Krausz [krausz@roadrunner.com] Sent: Monday, December 21, 2009 9:38 PM To: Council Internet Email Subject: Buena Vista Creek Valley I am shocked and disgusted by the prospect that the El Salto Waterfall and Buena Vista Creek Valley are proposed to be sacrificed forever for the development of more homes. Carlsbad needs more natural open space and this special place can and should be purchased for open space. As the elected representatives of the citizens of Carlsbad, I urge you to do your ethical duty and protect this place for the good of all, rather than allow one developer to profit by its destruction. Howard Krausz Kira Lin berg From: harve meskin [harvem47@hotmail.com] Sent: Tuesday, December 22, 2009 6:48 AM To: Council Internet Email Subject: buena creek The Draft Housing Element includes hundreds of homes surrounding the El Salto Waterfall, a place sacred to Native Americans who have been part of the history of this valley for thousands of years. The sound of falling water and the call of least Bell's vireo will be drowned out by traffic. The view of this valley that transports everyone back in time will be replaced with one more suburban development that changes this land forever. Currently zoned for 164 residential units, the City's plan would increase this to 500. Staff finds it expedient to plan to maximize the number of units in this valley in spite of major issues with the site and overwhelming community opposition. This site along highway # 78 between El Camino Real and College Blvds is currently covered with piles of contaminated soil. Underground monitoring wells still show groundwater contamination from leaking gasoline storage tanks. The county Department of Environmental Health indicates it is likely years before this site can be cleaned up enough to allow housing. It will also require years before the old mine site can be reclaimed to a "safe and useable condition" as required by state mining law. In 2007 over 700 of us donated the funds to leverage over $ 8m in state and federal dollars to preserve half of this valley. Now known as the Buena Vista Creek Ecological Reserve, 134 acres of the valley is now permanently protected. According to Steven Gordon of The Trust for Public Land. "This property has tremendous resource values. It is a critical link in the regional wildlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters, and has significant historical and cultural value." Last month, after years of waffling- the developer of this land said he was willing to consider selling it for open space. In 2002 the voters of Carlsbad approved Prop C - allowing some of the city's reserve funds to be used for open space and trails. There is a willing seller- there are funds available- and the land price will never be lower than it is today. Now is the time to acquire this land and preserve it forever. harve meskin voicemail: 760.940.0880 cell: 760.415.7321 fax: 760.930.9157 Kira Lin berg From: ED MAHER [ed_maher@sbcglobal.net] Sent: Tuesday, December 22, 2009 7:50 AM To: Council Internet Email Subject: Dec 22 meeting I support the Preserve Calavera group in seeking to limit the number of houses built in the El Salto watrerfall area and to encourage the city council to honor it's obligation to purchase open space for preservation. Sincerely, Ed Maher 3650 Via Alicia Oceanside, CA 92056 Kira Linberg From: Jean Forsythe [jeananne14000@yahoo.com] Sent: Tuesday, December 22, 2009 3:14 PM To: Council Internet Email Subject: Preserve Buena Vista Creek Valley & El Salto Waterfall Please, please vote to preserve the Buena Vista Creek Valley and El Salto Waterfall. There are so few areas like this left and we need to keep all we have. I live in Oceanside just a few minutes away from the Albertson's, Kohl's. Walmart shopping area on Marron Road. Even though it would be easier if Marron was extended, it wouldn't be worth sacrificing the land. Thank you very much. Jean Forsythe Oceanside, CA 92056 Help give food and care to rescued animals. Click on http://www.theanimalrescuesite.com Kira Linberg From: phgeorge@roadrunner.com Sent: Tuesday, December 22, 2009 3:13 PM To: Council Internet Email Keep the Buena Vista Creek Valley- and the sacred El Salto Waterfall that cascades over the boundary between the cities of Oceanside and Carlsbad an open space and nature park. We have enough property taxe/revenue to support the city! Dr. George, Carlsbad, CA 92010 Kira Linberg From: Ellen Sweet [elsweet@att.net] Sent: Monday, December 21, 2009 8:09 AM To: Council Internet Email Subject: Buena Vista Valley and El Salto Creek We strongly oppose development along Buena Vista Creek in the El Salto area. That area should be saved for it unique cultural, historical, and environmental properties. Making a decision on at a council meeting on Dec 22 is a purposeful plan to sneak this unpopular project through the council without community opposition. Melvin and Ellen Sweet Kira Linberg From: Margaret Sullivan [bostonpeggy@sbcglobal.net] Sent: Monday, December 21, 2009 9:02 AM To: Council Internet Email Subject: Council Meeting - Tuesday, December 22 I will be unable to attend the meeting on Tuesday evening. I wish to give my support for the preservation of Buena Vista Creek Valley. Now is the time for Carlsbad to assure this area is protected for our future generations. There is enough other land in Carlsbad to develop, we musn't loose this natural site to development. Margaret A. Sullivan 3176 Seabury Street Carlsbad, CA 92010 Kira Linberg From: Dana Eyre [danaeyre@yahoo.com] Sent: Sunday, December 20, 2009 4:05 PM To: Council Internet Email Subject: no houses - Buena Vista Creek Valley I won't be able to be at the City Council meeting, but my message is simple: no houses in the Buena Vista Creek valley / El Salto waterfall area. We have part of this area protected, let's go ahead and protect the rest. It's a wildlife corridor, open space, helps maintain a healthy water system, and it's available for purchase. So let's use some of our reserve funds and get this land, for us now, and for the future. Carlsbad is a unique place, and this is a unique place in Carlsbad, and the North County. I strongly urge you to reject staff recommendations, and to preserve it for us, and for the future. Sincerely, Dana & Marsha Eyre Dana Eyre danaevre@vahoo.com + 1.760.427.0495 "The belief that peace is desirable is rarely enough to achieve it. President Barack Obama 10 December, 2009 Kira Linberg From: Margaret.Lesinsky@sce.com Sent: Monday, December 21, 2009 7:29 AM To: Council Internet Email Subject: Please save the Buena Vista Creek Valley Please save this beautiful area from development, we have too many houses and businesses, we need to preserve some open and sacred space, thank you...Margaret Lesinsky Kira Linberg From: bboyer77@att.net Sent: Sunday, December 20, 2009 1:41 PM To: Council Internet Email Subject: Buena Vista Creek Valley Attachments: To the Water.JPG Dear Councilmembers, On December 22 you will decide the fate of a piece of historical heaven. Please do something that will make your children and grandchildren and all that come after them proud of you. Vote to buy and preserve this land. Preserve it for the animals that use this wildlife corridor. Preserve it for the descendants of the Indians that were born and raised on this land and consider it sacred. Preserve it for all of us that will need a place to walk and hike and enjoy an open space. Last year I was privileged to join a "paintout" at the Buena Vista Creek Ecological Reserve (attachment). We walked by the river and up to an ancient pepper tree, toured the adobe, and later I looked down on the El Salto waterfall. This land is worth preserving and you can do it. You can do it. Respectfully, Joan Boyer Kira Lin berg From: Cynthia McPherson [cynthimc@sbcglobal.net] Sent: Sunday, December 20, 2009 2:58 PM To: Council Internet Email Subject: Preserve Calavera I totally agree with this note from Preserve Calavera - build elsewhere. Cynthia McPherson The site along highway # 78 between El Camino Real and College Blvd is currently covered with piles of contaminated soil. Underground monitoring wells still show groundwater contamination from leaking gasoline storage tanks. The county Department of Environmental Health indicates it is likely years before this site can be cleaned up enough to allow housing. It will also require years before the old mine site can be reclaimed to a "safe and useable condition" as required by state mining law. In 2807 over 700 of you donated the funds to leverage over $ 8m in state and federal dollars to preserve half of this valley. Now known as the Buena Vista Creek Ecological Reserve, 134 acres of the valley is now permanently protected. According to Steven Gordon of The Trust for Public Land. "This property has tremendous resource values. It is a critical link in the regional wildlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters, and has significant historical and cultural value." Last month, after years of waffling- the developer of this land said he was willing to consider selling it for open space. In 2002 the voters of Carlsbad approved Prop C - allowing some of the reserve funds to be used for open space and trails. There is a willing seller- there are funds available- and the land price will never be lower than it is today. Now is the time to acquire this land and preserve it forever. The Draft Housing Element includes hundreds of homes surrounding the sacred El Salto Waterfall. The sound of falling water and the call of least Bell's vireo will be drowned out by traffic. The view of this valley that transports everyone back in time will be replaced with one more suburban development that changes this land forever. Something irreplaceable will be lost. There are other locations where the city can build more housing- there is no other place in Carlsbad with this unique combination of natural, cultural and historical resources. Kira Linberg From: dick & nancy weaver [nnd9@yahoo.com] Sent: Saturday, December 19, 2009 11:05 PM To: Council Internet Email Subject: Preserve El Salto Falls-Buena Vista Creek Valley ! Dear City of Carlsbad, Preserve this rare and unique beauty of El Salto Falls and Buena Vista Creek Valley...keep this true natural jewel of San Diego County and California ! Because of an impending passing away of a family member, we are out of the area and cannot attend the council meeting Tuesday, Dec. 22. We are grateful to be able to contact you by this email and give you our input. Do not let the living magnificence of El Salto and Buena Vista Creek pass away into being a shadow of itself with "developed death." Sincerely, Nancy and Dick Weaver fi\to be le-ft Kira Linberg From: Kathy & Darryl Tell [kdtell@gmail.com] Sent: Sunday, December 20, 2009 10:40 AM To: Council Internet Email Subject: We OPPOSE the Proposed "Housing Element" Plan Dear Mayor Lewis and City Council, We want to voice our OPPOSITION to the proposed "Housing Element" plan. We want to see the El Salto Falls waterfall preserved and protected, as is the Buena Vista Creek Ecological Reserve. It is a unique feature of Carlsbad that should remain in its natural state. Please don't carve up more of Carlsbad's open space with housing developments. Preserve this natural beauty for the future generations to enjoy. Please vote AGAINST the "Hosuing Element" plan. Thank you. Kathy and Darryl Tell Carlsbad residents Kira Linberg From: k8jbmet@aol.com Sent: Saturday, December 19, 2009 2:15 PM To: Council Internet Email Subject: Buena Vista Creek Valley Please don't allow this area to be developed. Carlsbad is so very congested now. Don't add to it. I'd like to know how it would beautify or help our city. How about beautifying downtown instead? We have just one block of State St. that is quaint. The rest looks like it was zoned wrongly. Thank you for considering all sides of this controversy. Sincerely, Kathryn Metcalf 4950 Hillside Dr. Kira Linberg From: cmsofsd [cmsofsd@surfree.com] Sent: Saturday, December 19, 2009 4:39 PM To: Council Internet Email Subject: Regarding Open Space Mayor and Councilmembers: Having lived in Carlsbad since 1985,1 am continuously in opposition to the decisions you have made over years, wondering how you can justify the type and scope of development you condone and support. It seems inconceivable that your families and mine live in the same city and are not equally interested in being good environmental stewards. With regard to this upcoming council meeting, I need to share my opinion. This property has tremendous resource values. It is a critical link in the regional wildlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters, and has significant historical and cultural value. Last month, after years of waffling- the developer of this land said he was willing to consider selling it for open space. In 2002 the voters of Carlsbad approved Prop C - allowing some of the reserve funds to be used for open space and trails. There is a willing seller- there are funds available- and the land price will never be lower than it is today. Now is the time to acquire this land and preserve it forever. The Draft Housing Element includes hundreds of homes surrounding the sacred El Salto Waterfall. The sound of falling water and the call of least Bell's vireo will be drowned out by traffic. The view of this valley that transports everyone back in time will be replaced with one more suburban development that changes this land forever. Something irreplaceable will be lost. There are other locations where the city can build more housing- there is no other place in Carlsbad with this unique combination of natural, cultural and historical resources. Rosanne Bentley Kira Linberg From: Summer Matsubara [mauimatsu@sbcglobal.net] Sent: Saturday, December 19, 2009 10:38 AM To: Council Internet Email Subject: Please preserve Buena Vista Creek Valley We are asking, as a long time Carlsbad residents, that you please keep Buena Vista Creek area as open space and not develop it. Carlsbad is so developed as it is compared to 20, even 10 years ago. Please preserve this location. Thank you, Temujin and Summer Matsubara Kira Linberg From: Susan Wong [susan.wong4@att.net] Sent: Saturday, December 19, 2009 10:56 AM To: Council Internet Email Subject: Buena Vista Creek Valley Attachments: -static-bg_snowblue_1 .gif Dear Carlsbad City Council, As a concerned citizen of Carlsbad, I would like to voice my opinion about your upcoming meeting regarding Buena Vista Creek Valley. Unfortunately, I am unable to attending this meeting but want to express my desire to leave this area and zoning "as-is" - we don't need another 500 residential units. My feeling is that more housing equates to more traffic, over crowding at our schools, and additional pollution. We moved here 10 years ago to get away from the congestion and overcrowding. Carlsbad seems to continually develop all the beautiful hill and free space and build on it. I like the open spaces, trails, and preserves that Carlsbad has to offer, please don't destroy it by over building our town. Sincerely, Susan Wong Carlsbad Resident of Aviara susan.wonq4@att.net Kira Linberg From: Judi Wilson [ronjudi9@cox.net] Sent: Saturday, December 19, 2009 10:05 AM To: Council Internet Email Subject: El Salto Falls and Buena Vista Creek Valley Dear Councilmembers: In 2007 I was one of over 700 citizens who donated the funds to leverage over $ 8m in state and federal dollars dedicated to preserving half of the Buena Vista Creek Valley. Now is the time to finish the job by permanently protecting the rest of this important open space. According to Steven Gordon of The Trust for Public Land. "This property has tremendous resource values. It is a critical link in the regional wildlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters, and has significant historical and cultural value." Last month, the developer of this land said he was willing to consider selling it for open space. In 2002 the voters of Carlsbad approved Prop C - allowing some of the reserve funds to be used for open space and trails. There is a willing seller- there are funds available- and the land price will never be lower than it is today. Now is the time to acquire this land and preserve it forever. The Draft Housing Element includes hundreds of homes surrounding the sacred El Salto Waterfall. The sound of falling water and the call of least Bell's vireo will be drowned out by traffic. The view of this valley that transports everyone back in time will be replaced with one more ugly suburban development that blights this land forever. Something irreplaceable will be lost. Please do the right thing on December 22. There are other locations where the city can build more housing- there is no other place in Carlsbad with this unique combination of resources. Thank you for your consideration, Ron and Judi Wilson 760-439-3649 Kira Linberg From: Archimedescat@aol.com Sent: Saturday, December 19, 2009 10:31 AM To: Council Internet Email Subject: Hearing on 2005-2010 Housing Element To whom it may concern, I'm appalled, and aghast that this issue is even up for consideration! It is our responsibility as ONE of the species of this planet to preserve areas for OTHER species of this planet that inhabit it as well. I have lived in this area my entire life, and have watched helplessly as one after the other of our natural environments has been stripped away for the sake of "packing in the people", and a quick buck for some greedy developer. It will never stop until we, as a community, and as responsible members of the city counsel, make it stop. I implore you to be one of those responsible members, and be a part of the community that loves and respects this beautiful land we were blessed with. Many regards, Krista Sexton Kira Linberg All Receive - Agenda Item #. From: Sent: To: Subject: Ty D. [tyra tyra@sbcglobal.net] Friday, December 18, 2009 10:54 PM Council Internet Email Buena Vista Creek Valley rur itiiuiniauuu ui THE CITY COUNCIL / CM 1 CA_J1 CC * \ s^ Oatej2/£2- From CM Asst. CM ^i , -, • • Please I beg of you to not let this pass. I have lived in Carlsbad on and off since I was a child and now I am 34 years old. This place is way to beautiful to destroy for Money! Think of the lasting legacy it will have keeping it in its natural form! Thank you, "The most powerful agent of growth and transformatioon of is something much more basic than heart. "anv technique: a change - John we 7wood Kira Lin berg From: Sent: To: Subject: mjg7345@cox.net Saturday, December 19, 2009 6:53 AM Council Internet Email Buena Creek/El Salto Please, please, please do not destroy and dessecrate the area of Buena Creek Valley and El Salto Falls—there are plenty of places for builders to build without destroying thisimportant piece of land. Sincerely, Mary Gorman December 10, 2009 AGENDA ITEM #. Mayor City Council City Manager City Attorney City Clerk Mr. "Bud" Lewis, Mayor c: Mr. Keith Blackburn, council member Mr. Matt Hall, council member Ms. Ann Kulchin, council member Mr. Mark Packard, council member Dear Council Members: I am providing this background information to enhance your understanding of the information that will be presented to you at the hearing scheduled for December 22. I hope you will take the time to review it carefully. The City of Carlsbad Draft 2005-2010 Housing Element includes the 500 "affordable housing units" identified as "Quarry Creek." Although senior planning staff have worked on this project for several years with the prospective developer, McMillan Co., the site development plan has yet to be made public. Thus details of the project can be found only in the Housing Element. The Quarry Creek development would be located in the northeastern corner of Carlsbad on the site of the former mining operations of Hanson Aggregates Southwest, Inc., now known as Hanson America. The Housing Element describes Quarry Creek as "an approximately 100-acre parcel bisected by Buena Vista Creek and bordered by commercial land and residential uses, the 78 Freeway, and open space. The majority of the property is vacant; some buildings from the quarry operation remain, and recycling of used concrete and asphalt materials continues on a temporary basis" (pp. 3-10, 3-11). Table 3-4 defines Quarry Creek' site and scope as "portions of [APN'(Assessor's Parcel Number)] 167-040-21" totaling 15 acres with a density of 20 dwelling units per acre yielding 300 housing units. Table 3-9 also defines Quarry Creek as "portions of 167-040-21" totaling 17 acres with a density of 12 dwelling units per acre yielding 200 units. In sum, "portions of 167-040-21," totaling 32 acres, is the site of Quarry Creek's 500 affordable housing units (Attachment 1, "Preliminary Orientation," pp. 1-2). The Housing Element's utter specificity and repetition that Quarry Creek's 500 housing units will be located on "portions of 167-040-21" leave no doubt whatsoever that Assessor's Parcel Number 167-040-21 is the intended location of the Quarry Creek low-income housing project. Yet one would be hard-pressed to find a site less suitable for 500 housing units with their minimum of 1,000 residents, including children. Parcel 167-040-21 has been marked for its contaminated soil and groundwater ever since 1998, when a massive fuel spill was reported. The extensive contamination placed the site under the jurisdiction of the County of San Diego Land and Water Control Division of the U.S. Department of Environmental Health (DEH) and landed it on the Cortese List of contaminated California sites undergoing cleanup. Brown and Caldwell, the fourth and current engineering firm Hanson has contracted to remediate the contaminated parcel, state in their April 22, 2009, cover letter to the DEH that they are "presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors [sic] Parcel Number 167-040-21, hereinafter referred to as the 'Site'" (Attachment 1, p. 3). Brown and Caldwell's detailed description of the Site parallels the Housing Element's description of Quarry Creek quoted above (Attachment 2 "History of Site Remediation," p. 1). Their report also includes an aerial map of the Site, prominently labeled "Parcel 167-040-21" (Attachment 1, p. 4; Figure 2). Thus the site proposed in the Housing Element for Quarry Creek's 500 affordable housing units and the Site of the ongoing remediation of contaminated soil and groundwater are indisputably one and the same: Assessor's Parcel Number 167-040-21. The aerial map also marks the location of the eight USTs (underground storage tanks) that contaminated parcel 167-040-21 by leaking 86,000 gallons of hydrocarbons (gasoline and diesel fuel) into the soil (Attachment 2, pp. 1-2). 10,500 cubic yards of the contaminated soil (enough to fill the beds of 10,500 pickup trucks) were excavated from July, 2005, to March, 2006, and placed on the southeast portion of the parcel in covered biopiles for passive remediation (Attachment 2, pp. 6, 8 and 10). The efficacy of the contaminated soil's bioremediation remains unknown, as the DEH confirmed in April, 2009: the biopiles had never been tested (Attachment 1, p. 5. Emphasis mine). Nonetheless, the Housing Element notes briefly and only in passing that the "[Quarry Creek] restoration includes . . . the remediation of soils, a process that is well underway" (4-42; Attachment 1, p. 6. Emphasis mine). Clearly, this statement attempts at once to minimalize and to mislead. Even more troubling is the fact that the Housing element makes no mention whatsoever of the parcel's contaminated groundwater that underlies much of the northern portion of parcel 167- 040-21. Brown and Caldwell's Corrective Action Plan (CAP) of July, 2004, postulates that "aggressive" remediation of the hydrocarbon plume would be completed in eleven months, from March 30, 2005, to February 28, 2006 (Attachment 2, pp. 5, 14-15), followed by a year of verification monitoring after system shutdown (Attachment 2, p. 13) and would obtain DEH approval of site closure by March, 2007 (Attachment 2, p. 14). This schedule easily met the targeted deadline of June, 2007-the date set for Hanson's transfer of ownership for redevelopment (Attachment 2, pp. 3-4). However, at present, more than two years after that urgent date for site closure and more than three and a half years after February, 2006, when the "aggressive" cleanup was to conclude, remediation of the groundwater continues. No date of completion is now predicted. A chronological overview of the eleven-year history of the remediation of parcel 167-040-21 from August, 1998, to date is presented in Attachment 2 ("History of Site Remediation"). This documented history will ensure your accurate understanding of the magnitude of the contamination and the reality of the remediation of the Quarry Creek site. To assure you of the validity and authority of this critical information presented for your deliberation, with the exception of DEH e-mails to me and the pages copied from the Housing Element, the entire content of Attachments 1, 2 and 3 were copied in their entirety by DEH personnel directly from the DEH's four file-feet of documents regarding the remediation of the contaminated Hanson America site. These DEH records speak for themselves. For your convenience, I have merely bracketed and/or highlighted the especially relevant portions. The parcel's remediation history can be summarized briefly as follows. 1998 heralded the discovery that hydrocarbons had contaminated the soil and formed an extensive plume in the underlying aquifer. The contaminants include two carcinogens—benzene and ethylbenzene (pp. 11-12)—and the fuel additive methyl-tertiary-butyl-ether (MTBE), whose taste and odor render potential drinking water not potable. In 2004, six years after the fuel spill was discovered, Hanson America hired the engineering firm of Brown and Caldwell to remediate the site's soil and aquifer. Removal of the seeping contaminated soil was their first priority. Brown and Caldwell preferred off-site removal. Due to "schedule constraints" (pp. 5-6) however, the contaminated soil was strategically placed on site where it could be used in the future expansion of Marron Road (p. 23). An earlier consultant, PIC Environmental Services, foresaw the extreme risk this use of the contaminated soil would pose. With utmost precision, they stipulated that "The stockpiled soil would be spread approximately two (2) to three (3) feet thick immediately beneath the road base. ... In addition, the stockpiled soil will be placed on top of approximately 45 feet of compaction- certified fill material. In PIC's judgment, [such] use of the stockpiled soil. . . adequately protects environmental health and groundwater resources" (p. 19. Emphasis mine. See also p. 20). The rows of giant, coffin-like biopiles draped in black plastic can be seen from the western edge of the Quarry Creek Shopping Center. The biopiles were tested for the first time late last summer, and much of the soil was found to have reached the secondary level of remediation. That soil can be used on site under specified conditions, such as under roadways. Once the contaminated soil had been excavated and stockpiled on site for passive bioremediation, Brown and Caldwell could focus on remediating the contaminated groundwater. After a five-month pilot test, they began formal ozone sparging 24/7 to remediate the hydrocarbons in the aquifer in January, 2007 (pp. 7-8, 11, 16, and 22). As noted, their Corrective Action Plan (CAP) confidently states this remediation would be completed within eleven months (pp. 14-15). Nonetheless, after thirty-two months of 24/7 ozone sparging, unacceptable MTBE concentrations were still found in more than half of the monitoring wells sampled in March, 2009. Once MTBE has entered groundwater, it becomes notoriously resistant to remediation. The County of San Diego Site Assessment Management (SAM) Manual's March, 27, 2000, "Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates" underscore the unique problems MTBE presents: "The essence of this document is the understanding that the standard approach for dealing with petroleum released employed over the past decade will not suffice for MTBE, because unlike traditional petroleum constituents such as benzene, MTBE moves quickly to pollute water and is slow to degrade in the subsurface environment. Response time is critical for MTBE. A quick response to releases greatly increases the ability to check the spread of the MTBE and to clean up the mass of release" (p. 25. Emphasis mine. Similarly, pp. 26-28). In fact, as witnessed above, despite almost three years of aggressive 24/7 ozone sparging into the contaminated aquifer, MTBE continues to vex and extend the remediation effort. Suffice it to say, the doggedly-resistant MTBE may well be the critical factor in determining when—or if—the DEH can approve site closure. That event will not occur until MTBE is reduced ultimately—and permanently—to the Maximum Concentration Level (MCL) of 5 micrograms per liter (5 u/L). This trace MCL mandated by SAM is required by the DEH as well, "because the Hanson site is a groundwater basin designated for beneficial use" (Attachment 2, p. 26. See also pp. 27-29). Attachment 3 ("History of MTBE Remediation") presents the history of the remediation of MTBE in the aquifer. This effort is summarized in Brown and Caldwell's cover letter to its most recent, first quarter (March) 2009 sampling report submitted to the DEH April 22, 2009 (pp. 1- 2). [The DEH waived the second quarter June 2009 sampling (p. 3)]. The report's Figure 7 shows the locations of the monitoring wells, the MTBE concentration reported in each monitoring well, and the isoconcentration contours for MTBE in the groundwater (p. 4). Those contours reveal that the vast majority of the monitoring wells reported MTBE concentration levels are between 10 and 100 ug/L. The MTBE concentration levels are presented visually also in the report's graphs. Figures A-2, 3, 5, 6, 8, 9, 10, 11, 12, and 13 track the history of the MTBE concentrations reported quarterly in each monitoring well (MW) from its first sampling to its most recent in March, 2009 (pp. 5- 14). The last sampling's actual numerical data (which I have written on the graphs) are presented in the report's Table 4: Historical Groundwater Analytical Results (ug/L). The entire report can be found on the Internet's Geotracker. The graphs vividly trace the wild fluctuations of MTBE concentration levels from one quarter to the next as it defies any predictable, straight-line decline. Notably, significant increases in MTBE have occurred in almost one-third of the nineteen monitoring wells (MWs 8, 10, 12, 17, 20, and 21) since the fourth quarter (December) 2008 sampling. These increases range from 3.6 to 100 micrograms per liter. The graphs also show that as of March, 2009-the most recent sampling—10 of the 19 monitoring wells reported MTBE concentrations ranging from 7.7 to 350 micrograms per liter- well above the Maximum Concentration Level of 5 micrograms per liter. Thus, the graphs immediately show that remediation of the stubborn MTBE will not end anytime in the foreseeable future. It bears noting also that Brown and Caldwell submitted the obligatory Corrective Action Plan (CAP) to the DEH in September, 2004. However, to date the DEH has yet to approve any CAP for the site's remediation. Until that time when another CAP is submitted, reviewed, submitted for public review, revised, and ultimately approved, the continuing effort to remediate MTBE in the groundwater follows Brown and Caldwell's January, 2005, Interim Remedial Action Plan (IRAP), as required by SAM (p. 15). The IRAP's quarterly monitoring schedule has just been modified to semi-annual samplings (p. 3). Thus the next Brown and Caldwell sampling report will appear in January, 2010, followed by a July, 2010 report. I note that the housing element has recently been amended to include mention of the contaminated groundwater. A careful reading of the attachments' referenced documentation will familiarize you with the ongoing contamination and remediation of Parcel 167-040-21 and ensure your understanding of the additional information presented at your hearing of the City of Carlsbad 2005-2010 Draft Housing Element. Thank you for your attention to this DEH documentation regarding the reality of Assessor's Parcel Number 167-040-21 proposed for 500 low-income housing units. Sincerely, Ann H. Hallock Member of the Board Preserve Calavera Preliminary Orientation Resources Available units per acre. Additionally, the proposed Barrio Area is identified as a RH site because of the high density land use proposed there; it may, however, receive a different high.density land use designation than RH. Table 3-4 Existing and Proposed High Density Residential (RH) Sites Property APN Acres Density Number of Units1 Vacant Residential Sites currently designated RH Robertson Ranch Unentitled Land Subtotal Portions of 168-050-47, 208- 010-36 Various (see Appendix C) 22 12 20-22.3 du/ac2 20 du/ac3 4652 237 702 Vacant Residential Sites proposed to be designated RH Bridges at Aviara Affordable Housing Component4 Subtotal Portions of 215-050-44 and 47 2.6 25 65 65 Vacant Non-Residential Sites proposed to be designated RH La Costa Town Square4 Ponto4 Quarry Creel^1 Subtotal Other Underutilized RH Sites Proposed Barrio Area4 Subtotal Total 223-060-31 216-140-17 Portions of ii7-040-2l^ Various (see Appendix D) Various (See Appendix G) 6.0 6.4 15 0.26 14 20 du/ac 20 du/ac 20 du/ac 20 du/ac3 28 du/ac 120 128 3001 548 8 256 264 1,579 Notes:1 Number of units does not always reflect acreage multiplied by density because of rounding and other factors.2 General Plan Amendment (GPA) and Master Plan approved to allow the densities and number of units shown. Number of units includes 78 high-density, lower income units under construction (Glen Ridge) as of October 2008. These units are not reflected in Table 3-2.3 City commits to process a GPA to increase minimum density to 20 du/ac on these sites (New Program).4 More information about these projects is provided below. Source: City of Carlsbad, December 2008 Table 3-5 Approved Multi-Family Projects on Small Sites Project Ayoub Triplex Ocean Breeze Condos Acacia Estates Tamarack Beach Lofts La Vercia Site Size (in acres) 0.19 0.31 0.32 0.22 0.41 Units 3 5 4 4 5 Density 15.8 du/ac 16.0 du/ac 12.5 du/ac 18.0 du/ac 12.2 du/ac Approval Date 2000 2002 2005 2006 1998 City of Carlsbad 2005-2010 Housing Element 3-9 Resources Available Medium-High Density Residential Sites Smaller condominium and townhome units or planned unit developments may be affordable to moderate income households. Table 3-6 presented earlier shows condominium/townhome units affordable to moderate income households based on price data supplied by developers. These units are typically developed on properties designated for Residential Medium High Density (between 8 and 15 units per acre). Table 3-9 provides a summary of Residential Medium High Density sites in Carlsbad. Overall, the City has the capacity to accommodate 537 units at densities adequate to facilitate moderate income housing. Table 3-9 Existing and Proposed Medium High Density Residential (RMH) Sites Property APN Acres Density Number of Units1 Vacant Residential Sites currently designated RMH Robertson Ranch Vacant Unentitled RMH Land Subtotal Portions of 168-050-47,208- 010-36 Various (see Appendix C) 7 8 12.4 du/ac2 12du/ac3 84 92 176 Vacant Non-Residential Sites proposed to be designated RMH Quarry Creek4!Portions of 167-040-2i 17 12 du/ac3 ?% Other Underutilized RMH Land Underutilized RH Land in the Beach Area Overlay Zone Proposed Barrio Area4 Subtotal Total Various (see Appendix D) Various (see Appendix E)5 Various (see Appendix G) 10 5.5 3 12 du/ac3 15 du/ac 12 du/ac3 102 60 31 193 569 Notes:1 Number of units does not always reflect acreage multiplied by density because of rounding and other factors.2 GPA and Master Plan approved to allow the densities and number of units shown.3 City commits to process a GPA and/or other legislative changes necessary to increase minimum density to 12 du/ac on these or portions of these sites (new program).4 More information about these sites is provided below.5 The minimum density of 15 du/ac is the existing lower end of the density range for the Residential High Density (RH) designation. City of Carlsbad, August 2007 and March 2008 Relevant general plan, zoning, and other information about the Quarry Creek site and proposed Barrio Area may be found in the previous section under High Density (RH) Sites. Both projects have proposed RMH as well as RH components. Further, while limited in number and total acreage, all properties counted as unentitled and underutilized in Table 3-9 are at least 0.24 acre in size, which as City of Carlsbad 2005-2010 Housing Element 3-21 '/*'9665 Chesapeake Drive, Suite 201 * San Diego, California 92115 Tel: 858-514-8822 Fax: 858-514-8833 www.brownandcaldwell.com April 22, 2009 Ms. Carol Fenner, PG Environmental Health Specialist County of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1st Quarter 2009 Ground-water Monitoring and Site Remediation Activities Hanson America - Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number: H02509-001 Dear Ms. Fenner: On behalf of Hanson America, Brown and Caldwell is presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors Parcel Number 167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This groundwater monitoring event was conducted in general accordance with the County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with the Contract for Service between Brown and Caldwell and Hanson America. Brown and Caldwell conducted the first quarter 2009 monitoring on March 16 through March 20, 2009. In total, the first quarter event included the gauging and sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site. Groundwater monitoring, sampling, and reporting were conducted in accordance widi the following references: • •• Section 5 of the 2004 Site Assessment and Mitigation (SAM) Manual developed by the DEH.1 " The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in the Report of Second Quarter 2007 Groundwater Monitoring by Brown and Caldwell (Table I).2 • The initial schedule proposed in the Interim Remedial Action Plan Report (IRAP), January 2005, by Brown and Caldwell.3 Investigations assessing the extent of hydrocarbon-impacted soil and groundwater have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as diesel (TPHa) and as gasoline 1 San Diego Department of Environmental Health, Land and Water Quality Division. Site Assessment and Mitigation Manual. February 2004. 2 Brown and Caldwell. Report of Second Quarter 2007 Groundwater Monitoring, Hanson America, 3701 Haymar Drive, Carlsbad, California. July 2007. 3 Brown and Caldwell. Interim Remedial Action Plan (IRAP) Report, Hanson America, 3701 Haymar Drive, Carlsbad, California. January 2005. Environmental E. n p i n e e r s & Consultants Projects\Hon«on Amertca\127929-132590 - Cbod Remediation III\CAD\'. . . . AeriaUwg layout Aerial | Ref Flea : Arolal VIew.dwg : Hansan-Baie.dwg : 15323.tlf 10/15/2008 5:03 PM BROWN C A L D W AND ELL SAN DIEGO, CALIFORNIA AERIAL PHOTOGRAPH SHOWING SITE AND SURROUNDING PROPERTIES PROJECT LOCATION HANSON AMERICA 3701 HAYMAR DRIVE CARLSBAD. CALIFORNIA •- -r 0 500 600 SCALE IN FEE ; FIGURE 2 RE: Hanson Aggregates "Vernetti, Mike" <Mike.Vernetti@sdcounty.ca.gov> "ann hallock" <annhhallock@yahoo.com> reply_.to_Hallock.doc (26KB) Monday, April 13, 2009 6:28 AM From; To: Message contains attachments Dear Ms. Hallock, I am truly sorry that I have not responded to you earlier, but I have been very busy with staffing and budget issues. I have attached my reply. Have a great day. Mike Vernetti Will the passive remediation of the contaminated piles be completed by June 30, 2010? At what point is the passive remediation to date?...The contaminated soil currently in biopiles was intentionally placed where it is so it could later be used in the construction of the proposed extension of Matron Road, which will be the main road serving the affordable housing units. The rest of the soil atop the contaminated plume may pose health concerns as well. / Response: DEH/SAM has been advised by the consultant (Brown and Caldwell) that it is currently preparing a plan to sample the biopiles to be able to assess the status of the passive bioremediation. Once we receive and approve the workplan, the evaluation will proceed. Constraints and Mitigating Opportunities revisions to the EIR, development consistent with the vision plan should not require additional significant environmental review. 8. Quarry Cree/f - A former mining operation, Quarry Creek is a largely disturbed, approximately 100-acre property that also features significant habitat areas. The property is subject to reclamation as required by the state Surface Mining and Reclamation Act. The reclamation plan and accompanying EIR are in preparation and the draft EIR was released for public review in September 2008. Based on earlier agreements, the City of Oceanside, not Carlsbad, is responsible for preparation and approval of the reclamation plan and EIR. An additional, five-acre portion of the former mine is in Oceanside and is not part of the site considered by this Housing Element. Additional environmental review will be required for the land use designations the City proposes for this site; this review may include another EIR. Furthermore, site reclamation must be permitted and must occur before Quarry Creek is ready for residential or other development. Reclamation includes restprjtioii of Bueo§ Vista Creek^ which bisects trye site, and remediation of soils, a process which is well underway/ City of Carlsbad 4-42 2005-2010 Housing Element 4 History of Site Remediation August, 1998: 8 underground storage tanks (USTs) removed after leaking 86,000 gallons of hydrocarbons (diesel fuel and gasoline) into the soil. Pp. 1-2 (See attached) August, 1998, to November, 1999: Kleinfelder Engineering made borings to determine area of hydrocarbons in soil. March, 2001, to February, 2003: Environmental Business Solutions established 17 monitoring wells (MWs) and began monitoring hydrocarbons in groundwater. Pp. 22-23 April, 2004: Brown and Caldwell began quarterly monitoring of groundwater, using monitoring wells placed at edge of hydrocarbon plume. P. 22 September, 2004: Brown and Caldwell submitted Corrective Action Plan (CAP) to San Diego County Land & Water Control Division of Department of Environmental Health. Outlines "aggressive" remediation of hydrocarbons in soil and groundwater. Recommends removal of contaminated soil off-site—not natural attenuation in situ. MTBE in groundwater will be remediated with ozone sparging to comply with DEH's requisite of no more than 5 micrograms/liter. MTBE in soil to be remediated to no greater than 5 micrograms per kilogram. Community notified that two carcinogens are present on site. Estimates completion of remediation in 12 months (by September, 2005), with one year verification of final groundwater monitoring to end September 15, 2006. DEH has yet to approve any CAP. Pp. 3-15 January, 2005: Brown and Caldwell submitted Interim Remedial Action Plan (IRAP) to DEH. Will remediate groundwater by sparging estimated 550 pounds of ozone with the system operating 24 hours per day. Remediation completion will meet June, 2007, deadline when property ownership will be transferred for redevelopment. Pp. 16-17, 21 July, 2005, to March, 2006: Excavated soil. Stockpiled 43,000 cubic yards of soil in 21 piles on site of proposed Marron road extension. 10,500 cubit yards of contaminated soil placed in biopiles for passive bioremediation and covered with plastic sheeting. Pp. 18-20, 23 May, 2006: Installed 16 ozone sparge wells to remediate MTBE in groundwater. P. 22 September, 2006, to January, 2007: Pilot test using ozone sparge system. P. 22 January, 2007: Began formal remediation of MTBE using ozone sparge system. P. 22 April 22, 2009: Brown and Caldwell Report summarizing the first quarter, 2009, groundwater monitoring at Hanson America. From January, 2007, to April 2009 (circa 27 months) over 800 pounds of ozone had been aggressively sparged into groundwater 24 hours per day to remediate MTBE. Results of 19 MWs tested: 12 contained MTBE. In 10 of the 12, MTBE concentrations remain above 5 micrograms/liter, ranging from 7.7 ug/L to 350 ug/L Remediation of contaminated groundwater continues. Contaminated biopiles continue passive bioremediation. December 24, 2008: DEH spokesperson filed this response made to a news reporter: "I confirmed that there is fuel contamination at the site referred to as Hanson Aggregates at 3701 Haymar, Carlsbad. I also confirmed that contaminated soil that is covered is being bioremediated." P. 24 At Present:; Site proposed for 500 low-income housing units remains contaminated. Remediation completion date is unknown. SECTION 2 FACILITY IDENTIFICATION AND DESCRIPTION This section discusses the Hanson Carlsbad facility location and history, as well as a summary of the Site assessment investigation and interim remediation measures that have already been conducted. 2.1 FACILITY LOCATION AND HISTORY The Hanson Carlsbad Facility is located in northwestern San Diego County approximately three miles east of Interstate 5. It is bound on the north by Highway 78 and Haymar Drive, on the east by College Boulevard, on the south by residential developments and on the west by undeveloped land (Figures 1 and 2). The current Hanson Carlsbad facility address is 3701 Haymar Drive, Carlsbad, California, but the addresses of 3703 and 3750 Haymar Drive have also been associated with the facility in the past (Kleinfelder 2000). Two parcels (APNs 167-040-11 and 167-040-21) are currendy owned by Hanson with a total area of approximately 155 acres. The western portion of the land including parcel 167-040-11 and the northeastern and southern portion of parcel 167-040- 21 are largely undeveloped, occupying an area of approximately 103 acres. The remaining portion of the property contains all of the current mining and ancillary activities and occupies approximately 52 acres (Figure 2). The 52-acre, operational portion of the Site is located in the northeastern portion of the land owned by Hariaiofi. Former facilities in this northeastern section included office buildings, two asphalt plants, a concrete batch plant, a recycled material area for asphalt concrete, a rock crushing plant, maintenance shop, a surface mine, bulk materials storage areas, fueling facilities, several storage trailers and fenced areas, two empty explosives magazines/containers, an auxiliary office building, an office and scale room building, a sales office, a storage building, four above-ground storage tank (AST) areas, and 21 UST areas (Kleinfelder 2000). Due to reclamation at the Site, the majority of the equipment and buildings associated with mining and asphalt production have been removed, including both asphalt plants, all of the USTs, the rock crushing plant and three of the ASTs. With the closure of the asphalt plant and rock crushing facilities, activities at the Site are generally limited to the production of concrete from existing and imported aggregate reserves. 2.1.1 Underground Storage Tank Closure Since the mid-1980s a total of 21 USTs have been removed from the Site. These USTs had mixed uses including gasoline, diesel and asphalt emulsion fluid. The USTs labeled numbers 1 to 8 (Figure 3) located in the northern area of the Site towards Haymar Road and Highway 78 are the focus of the proposed corrective action. The eight steel USTs included two approximately 10,000- gallon gasoline tanks, three approximately 10,000-gallon diesel tanks and three approximately 12,000-gallon diesel tanks (Kleinfelder 2000). The tanks and associated piping were removed in August of 1998. Part of the UST closure activities included soil sampling as discussed in the following section. I' ,1-hmun- 249H2\CA1» 24IW2 Final CAP ID DEM (IWfM.diic September 20< 14 BROWN AND CALDWELL Hanson Aggregates Pacific Southwest, Inc. 3701 Haymar Drive, Carlsbad, California 92154 April 29, 2002 Page 2 PROPERTY OWNER: REGISTERED PROFESSIONAL: Hanson Aggregates Pacific Southwest, Inc. P.O. Box 639069 San Diego, CA 92163-9069 Contact: Mr. Marvin Howell Phone: (858)577-2770 Mr. Danny Oliver PIC Environmental Services 742 Genevieve Street, Suite G Solana Beach, CA 92075 Phone:(858)259-3140 2.2 Site Location and Use The subject site is located south of Highway 78 and west of College Boulevard in Carlsbad, California (Figure 1). The Hanson property occupies five (5) adjacent parcels which comprise approximately 217 acres. The eastern 62-acre portion of the property (APNs 1 68-010-06, -12, and -14) is situated in the City of Oceanside. The remaining 155-acre portion of the site (APNs 167-040-11 and -21) is situated in the City of Carlsbad. The site lies within the Buena Vista Creek drainage basin, and Buena Vista Greek flows westerly across the site The site is bordered to the north and south by commercial and residential developments. 3.0 RELEASE DESCRIPTION AND SUMMARY OF PREVIOUS WORK ••"" In August 1998, eight (8) USTs were removed from the area located north of the maintenance shop. UST contents, sizes, and identification numbers are summarized as follows. UST ID No. 1 2 3 4 5 6 7 8 Size (gallons) 12,000 10,000 12,000 12,000 10,000 10,000 10,000 10,000 Contents Diesel Diesel Diesel Diesel Diesel Diesel Gasoline Gasoline PIC ENVIRONMENTAL SERVICES Facility Identification and Description 2-6 specific property development plans for the future land use of the Hanson Carlsbad facility have been established at this time, but the Carlsbad General Plan designations for future Site use are low and medium density residential and general open space while the current zoning designation for the Site is industrial and one-family residential (Hanson Aggregates Pacific Southwest, Inc. 2001). It is unlikely that a specific final Site use determination will be made for several years. Based on, current information available, it is out understanding that the ownership of the property wUl be transferred in June 2007. The remedial program outlined in this CAP was prepared witht receipt of Site closure by June 2007 in mind! P:\Haraon\24982\CAP\24982 Final CAP to DEH 090304.doc September 2004 BROWN AND CALDWELL .3 ~ T Introduction 1-2 located and the plant operational area north of the Buena Vista Creek. Figure 2 presents an aerial view of the facility showing the Site and surrounding areas and Figure 3 is a Site plan showing die former UST locations, concrete plant area, and existing groundwater monitoring wells. Hanson and its predecessor companies have been in operation at the facility since 1961. Through the present day, a number of mining-related activities have been conducted at the Site under a City of Oceanside Conditional Use Permit (C-2-77). Activities have included hard rock quarrying, materials stockpiling, and materials processing. In 1998, hydrocarbon-impacted soil was reported during removal of eight USTs that were used for storage of diesel fuel as well as gasoline. Since 1998, efforts have been made to characterize the Site including collection of soil samples and on- going groundwater monitoring to evaluate the presence and migration of petroleum hydrocarbon constituents in groundwater. In addition, interim remedial activities have been conducted in an effort to reduce the petroleum hydrocarbon impacts to soil and groundwater, including over- excavation of the tank pit following removal of the USTs and the installation of passive Oxygen Releasing Compound* (ORC*) barrier trenches in the plant area to increase DO concentrations in the saturated zone and promote the biodegradation of petroleum hydrocarbons in groundwater. Site assessment activities and interim remedial actions conducted to date are discussed in further detail in Section 2.0. 1.2 STRATEGY AND APPROACH' Hanson's overall goal for remedial action at this Site is to facilitate and streamline property redevelopment efforts by reducing risks to human health and the environment. Considering Hanson's plans for transferring ownership and vacating the Site in the next few years, the remedial alternatives selected for mitigating soil, groundwater, and potential surface water impacts are aggressive, field-proven, and capable of meeting the proposed cleanup goals within Hanson's requested time frame. A review of remedial alternatives is provided in Section 5.0. In view of Hanson's aggressive schedule, residual and vapor-phase hydrocarbons in vadose zone and capillary fringe soil will be removed expeditiously by source area excavation and off-site disposal. Ozone sparging, a similarly aggressive approach for the mitigation of groundwater, is the preferred remedial option for groundwater at the Site. Demonstrated effectiveness, timeliness, and practicability are the main rationale for selecting these two primary cleanup alternatives. 1.3 PROJECT ORGANIZATION AND RESPONSIBILITIES The project organization for this remedial action project and associated activities includes representatives from Hanson, Brown and Caldwell, drilling and remediation subcontractors, geophysical and chemical laboratories, as well as a waste transport and disposal firm. Most subcontractors required for the implementation of the CAP will be identified during design and operational planning. Key personnel responsible for project implementation and quality control included the following: » Hanson America, Interim Project Manager - Mr. Bill Berger, Vice President of Operations » Hanson America, Project Manager - Mr. Marvin Howell, Manager of Environmental Operations » DEH Case Manager - Ms. Laurie Apecechea • Brown and Caldwell, Project Manager- Ms. Barbara Goodrich P:\Hansofi\24982\CAP\24982 Final CAP to DEH O90304.doc September 2004 BROWN AND CALDWELL Evaluation of Remedial Alternatives 5-2 bio venting. Following review of the remedial approaches, those most feasible for this Site will be evaluated in more detail. 5.1.1 Excavation Excavation involves physical removal and treatment or disposal of affected soil. Excavation may be considered as either a complete remediation strategy or as a part of a larger remediation effort and is typically suited for short duration remedial actions or source removal efforts involving small volumes of soil or soil affected by heavy-end hydrocarbons or soil heavily impacted by lighter end hydrocarbons and MTBE. In any of these cases, th« excavated soil would require treatment and/or off-Site disposal; Off-Site transport and disposal of hydrocarbon-affected soil is the least favorable remedial alternative when practical in-situ treatment technologies are available and can be implemented in a reasonably short amount of time. However, excavation is a viable remedial option at this Site, specifically for source removal and due to the schedule constraints for obtaining the Site closure letter. 5.1.2 Natural Attenuation (Soil) This remediation alternative relies upon natural physical, chemical and biological processes such as volatilization, adsorption, and biodegradatiott to degrade the hydrocarbons in-sit4 Due to the low costs and overall effectiveness associated with this option, natural bioattenuation is considered to be a viable remediation alternative for this Site. However, due to schedule constraints it is not a feasible alternatiVf. 5.1.3 Soil Vapor Extraction Soil vapor extraction (SVE) is an in-situ remedial technology that reduces concentrations of volatile constituents in petroleum products adsorbed to soils in the unsaturated zone. Vacuum is applied through extraction wells to create a pressure/concentration gradient drat induces vapor-phase hydrocarbons to be removed from soil through extraction wells. In many cases, particularly with heavier hydrocarbons, a large percentage of the hydrocarbon mass is actually biodegraded from the addition of oxygen. This technology also is known as in-situ soil venting, in-situ volatilization, enhanced volatilization, or soil vacuum extraction. The extracted vapor is then treated as necessary using carbon adsorption or thermal or catalytic oxidation before being released to the atmosphere. The increased air flow through the subsurface can also stimulate biodegradation of hydrocarbons, particularly those that are less volatile. SVE is also a preferred method to remove MTBE from impacted soils before it leaches to groundwater where it is harder to remove once it enters the dissolved phase. Due to the limited amount of petroleum hydrocarbons in the vadose zone, SVE likely will not be a cost-effective remedy for this Site. 5.1.4 Bioventing Bioventing is an in-situ remediation technology that uses indigenous microorganisms to biodegrade organic constituents adsorbed to soils in the unsaturated zone. When extraction wells are used for bioventing, the process is similar to SVE. However, while SVE removes constituents primarily through volatilization, bioventing systems promote biodegradation of constituents through injection of air (oxygen) and niinimize volatilization by generally using lower air flow rates. In practice, some degree of volatilization and biodegradation occurs whether SVE or bioventing is used. Bioventing P:\Hinsnn\24982\CAP\2-(9K2 Final CAP to DE.H 090304.doc September 2004 BROWN AND CALDWELL Evaluation of Remedial Alternatives 5-4 has merit as it will immediately attack the BTEX, hydrocarbons, MTBE and TBA upon contact in the subsurface. One of the issues with chemical oxidation is gaining approval from the regulatory agencies within a reasonable time frame to move forward with the injections. Performance monitoring is also required to make sure that only the affected areas are being addressed and chemical oxidants are not leaving the area in the groundwater. Because of the shallow nature of the COCs and the proven ability of these oxidants to remediate them, chemical oxidation is considered feasible for this Site and is a preferred remediation method because of its aggressive treatment of the constituents that are in groundwater at this Site. Due to time constraints, this remedial method may not be viable. However, Hanson plans to apply for the Waste Discharge Requirement (WDR) permit from the RWQCB so that additional remediation by in-situ chemical oxidation can be used as necessary. 5.2.3 Air Sparging and Ozone Sparging* Air sparging is the controlled injection of air below die water table surface. Generally, the purpose of ak sparging is twofold: (1) the sparged air increases the DO concentration of the groundwater, thereby enhancing biodegradation and natural attenuation of the dissolved-phase hydrocarbons and MTBE; and (2) ak sparging causes the hydrocarbons and MTBE in the dissolved phase within the groundwater table to volatilize into soil above the groundwater table. Ak sparging is often performed in conjunction with vapor extraction to control petroleum-hydrocarbon vapors that are volatilized from the groundwater. Ak sparging can be conducted with dedicated sparge points or utilizing existing vapor extraction or groundwater monitoring wells. The predominandy sandy lithology within the saturated zone suggests that ak sparging would be an effective means of remediation at this Site. Therefore, the use of ak sparging is considered feasible for diis Site and will be considered further. Ozone sparging is a variation of ak sparging where an ozone generator is used to provide ozone which is injected into the groundwater via the sparging points. Ozone is a very reactive gas that immediately attacks and chemically oxidizes all of the target organic compounds discussed in this CAP. Specifically at this Site, the ozone would oxidize the benzene, TPH, MTBE and TBA as well. Ozone sparging has been used at a number of sites and has proven to be very effective in cleaning up BTEX and MTBE simultaneously unlike biodegradation, which at a number of sites has shown that all of the BTEX must be degraded before the micro organisms will attack and degrade the remaining MTBE. Because of its highly oxidizing nature, ozone sparging must be carefully monitored in downgradient monitoring wells. Since MTBE remediation, as well as BTEX and TBA remediation, are important to this remediation effort, ozone sparging is considered to be feasible and a preferred remedy for this Site. 5.2.4 Groundwater Pumping and Treatment Groundwater pumping and treatment is a remediation technique historically used for removing dissolved-phase hydrocarbons in groundwater. This approach can be used either as a stand-alone groundwater remediation technique or as a method of hydraulic control in combination with other remedial technologies (e.g., vapor extraction). This method is currently only considered appropriate for controlling the migration of the dissolved-phase plume if significant risk to a receptor is imminent or as means of de-watering to aid adsorbed-phase removal. In general, groundwater pumping and treatment has not been shown cost effective as a dkect method for dissolved-phase hydrocarbon removal (LLNL, 1995). P-\Han«in\2-t'W2M;..\P\2'l'>H2 Final CAP lo DEJ I "dor September 2004 BROWN AND CALDWELL Evaluation of Remedial Alternatives 5-5 5.3 SUMMARY OF SELECTED REMEDIAL ALTERNATIVES Of the general remediation approaches discussed above, Hanson is considering using a combination of soil excavation in the source areas (near MW-2 and MW-3), and ozone sparging in the groundwater source areas. Depending upon the ability to permit the chemical oxidation approach, Hanson will evaluate in-situ chemical oxidation on a parallel track to remediate groundwater above cleanup goals that were not remediated by ozone sparging. Given Hanson's current schedule for departure from the Site (approximately June 2007), and based on experience with similar site cleanups, these remedial alternatives are aggressive and are capable of meeting the proposed cleanup goals within the available timeframe. I1 HaiK.nnawh: .<;.M'\::4yH2PmiiC.'\Pto DEM d903n4.doc September 2U04 BROWN AND CALDWELL County of San Diego: Methy-tertiary-butyl-ether (MTBE) Page 3 of 3 Estimating the approximate travel time for a contaminant plume to reach a nearby receptor is a key part of the investigation.' DEH will work with you and your consultant to evaluate travel time. This estimation will serve as a basis for the next step in the process, assigning a cleanup priority classification. The following is the cleanup priority classification: Classification Regulatory Response Timing Groundwater MTBE plume travel time to nearest downgradient receptor: < Classl: 5 years Implement remedial action plan as soon as possible, not later than 1 year after determination of cleanup priority class. Groundwater MTBE plume travel time to nearest downgradient receptor: >Class 2: 20 yegf3 Implement remedial action plan within 5 years after determination of cleanup priority class. Groundwater MTBE plume travel time to nearest downgradient receptor: >Class 3:20 years Direct cleanup resources to these sites after sites in classes 1 and 2 have been addressed. The California Ujjd.e.raround Steraae Tank^Prparam can provide more information regarding the guidelines entitled, Final Draft Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates State of California Draft Guidelines on MTBE. Corrective Action When DEH determines that a site requires remedial action, those actions must be taken expeditiously. In general, the type of response actions taken at MTBE release sites will be similar to the type of actions taken at traditional petroleum releases. The primary difference is that responses to MTBE will need to be swifter and more aggressive to reduce the spread of MTBE to a wider area. Cleanup Fund Tbfi_Un.d_e.rgmuod..StQra3e Tank.CJea.Q.UB.Fund which is administered by the Division of Clean Water Program is tasked to respond In a timely manner to meet the time frames specified for higher priority MTBE cases, If you have any questions, please contact Allen Patton at (916) 341-5250 at the State Water Resource Control Board. Maximum Contaminant Maj<irmmLCojitaminanLLevels..(M.CLs} Methyl-tertiary-butyl-ether (MTBE) Primary MCL 13 M9/I Secondary MCL 5 9 httn-//www nn san-Hifiom na.us/deh/water/sam mtbe.html 2/6/2009 Clean-Up Goals 4-3 above on MTBE, a 10° incremental cancer risk is appropriate based on very poor groundwater quality at the Site; therefore, a cleanup level of 120 ug/L for TEA is proposed. Soil cleanup goals that address the groundwater receptor through the leaching of hydrocarbons is evaluated by following the Level 1 evaluation protocol that utilizes equilibrium equations, die above water quality goals, and chemical-specific parameters to calculate how much of a particular chemical will leach from a given soil at variable TPHg concentrations. In calculating soil cleanup goals, die maximum soil concentration without free flowing LNAPL is used to find a chemical specific cleanup goal. This Level 1 evaluation assumes that the calculated pore water concentration corresponds to what would be found in groundwater, without dispersion or biodegradation. The two processes act in nature to reduce chemical concentrations, and in the case of biodegradation, hydrocarbon mass. Numerical values calculated and presented (Table 6) correspond with a TPHg concentration of 5,600 mg/kg, as extrapolated from data presented in the SAM Manual (DEH 2004). In general, the numerical values calculated for toluene, ethylbenzene, and total xylenes represent the most conservative cleanup goals when compared with vapor risk pathways, and typically are within the ranges presented for residential and industrial USEPA Region IX Preliminary Remediation Goals (PRGs). j Note that with MTBE, the water quality goal used to calculate the soil cleanup goal is 130 ug/L, and not the California MCL. The soil cleanup goal for MTBE calculated using this method is much lower than other potential standards (approximately 4,500 times lower than die USEPA residential PRG, the next lowest risk-based standard). While this calculation assures protection of groundwater, it will be difficult ot impossible to verify in practicality. The active remediation thafr4s to be completed as part of implementing this CAP will target both existing sources in soil, and existing dissolved concentrations in groundwater. Hence a soil cleanup goal of 5 mg/kg? (approximately one order of magnitude or ten times below the USEPA PRG) will be used as the interim cleanup goal for MTBB, and Site-specific leaching tests (Synthetic Precipitation Leaching Procedure - SPLP) will be performed on variety of soil types to define the leachable characteristics of the MTBE and further define final cleanup goals as necessary. Soil cleanup concentrations based on evaluating risk due to the indoor air exposure pathway was evaluated using iterative calculations in VaporRisk 2002, the County of San Diego DEH spreadsheet. While this spreadsheet was developed to calculate risk based on different input parameters such as soil concentration, it can be used in an iterative approach to calculate what concentrations provide an incremental 10"6 carcinogenic risk from the indoor air pathway. The calculations were conducted with only depth and concentration varying, until the de minimis threshold was achieved (Table 6). The lowest cleanup concentration for benzene was obtained from the vapor risk calculation, and thereby was picked as the most protective of human health. Table 6 includes the USEPA Region IX PRGs for comparative purposes only. While the PRG concentrations are often cited as starting points for cleanup goals, typically they are not Site-specific enough to evaluate risk, and hence should be used as comparison guidance only. In particular, at this Site, the PRGs only include complete pathways for direct contact and ingestion, but not exposure to indoor air or contact to a receptor such as groundwater, and hence must be evaluated accounting for these exposure pathways. At the Carlsbad facility, the groundwater receptor and residents exposed to indoor air pathways are complete and important pathways to evaluate for protection of human health, and hence have been evaluated. The proposed Cleanup Concentration P M-iansnn\:M';«2 (.-M'',24W21 mil <".AI' 10 UEH O903u4.doc September 2004 BROWN AND CALDWELL /o Appendix C — Community Health and Safety' Plan C-l COMMUNITY NOTIFICATION Hanson America will be involved in the remediation of soil and at their facility located at 3701 Haymar Drive, San Diego, California. Activities will include installation, operation and monitoring of remediation equipment as well as limited excavation. Aeavities feSSS? January 2005 with an expected duration of approximately 30 months, finding June 2LXW. -The iximcdiarion-syi^hrm will-be operate^ 24 hours per day, 7 days pear week. Primary potential hazards include inhalation of gasoline and other hydrocarbon vapors, and occasional loud noises. ALL NECESSARY PRECAUTIONS WILL BE TAKEN TO MINIMIZE THE RELEASE OF HYDROCARBON VAPORS TO THE ATMOSPHERE. The chemicals Listed bek>w are present afrthis Site and are known to the State of California to Cause Cancer: BENZENE If excessive odors, noise, or dust, or other safety concerns are noted at the site, please contact the following: BROWN AND CALDWELL Anne Baptistc 24 Hour Emergency Brown and Caldwell (714) 549-5566 (858) 571-6734 If further assistance is required, please contact the following agencies: I^ocal Police, Fire Department Air Pollution Control District 911 for I Emergency Enforcement (619) 694-3340 A copy of the community nealth and safety plan for remediation activities is available on-site from Brown and Caldwell. 5 A-.-.-*,^-. --"r-,i--riiimmni»«iiiii i -- — Y.:\\ liiiis(.n\2-l')K2\<:AI'\i)KAI'l-\Misicr Draft DucumcmUppcndix C-CHSP.di)c lyjy 2004BROWN AND CALDWELL Appendix D - Community Health and Safety Plans ^^ D-3 5.1 Chemicals of Concern Chemicals of concern are those associated with petroleum hydrocarbons, including benzene, toluene, ethylbenzene, xyienes (BTEX), MTBE, tert-butyl alcohol (TEA) and other volatile organic compounds, caused by unauthorized releases of gasoline and diesel fuel. Material Safety Data Sheets (MSDS) sheets for gasoline, diesel, BTEX, MTBE, and TBA can be found in the Site Safety and Health Pkn. 5.2 Potential Off-Site Impacts Potential off-site impacts include the exposure to gasoline and other hydrocarbon vapors and noise. Every precaution to minimize the release of hydrocarbon vapors to die atmosphere will be taken. This will include environmental monitoring to detect the presence of airborne concentrations of hydrocarbon (organic) vapors, including gasoline vapors. Environmental monitoring will be accomplished using a properly calibrated combustible gas indicator. Background vapor concentrations •will be determined before the initiation of any remediation activities. Vapor concentrations will be monitored at representative points throughout the Site such as underground utilities, and wells that are riot attached to the ozone system. Results will be recorded on a standard form used by Brown and Caldwell personnel. A copy of this form is included in the Brown and CaldweU Site Safety and Health Pkn. If results of this monitoring indicate organic vapor concentrations greater than 25 ppm in the work area, work activities will stop until these concentrations are reduced. Ef hydrocarbon vapors are inhaled, potential health effects could result. Such vapors could be present due to gasoline and its constituents. Constituents of particular concern include BTEX, MTBE and TBA. Benzene and Ethylbenzene are know by the State of California to be potential occupational carcinogens and has been associated with leukemi* Acute health effects include irritation to die eyes, nose and respiratory system, headache, giddiness, nausea, and anorexia/ Benzene exposure can also lead totf disturbances in gait, dermatitis, and bone marrow depression. The other BTEX compounds (toluene and xyienes), MTBE and TBA may cause irritation to the eyes, nose and respiratory system, and dermatitis. Acute exposure can lead to central nervous system effects including headache, dizziness, confusion, and irritability. Exposure to toluene may also result in pupil dilatation, nervousness, and insomnia. Elevated concentrations of xylene isomers may lead to gastrointestinal symptoms, including abdominal pain, nausea and vomiting, and cornea! damage. Exposure to total petroleum hydrocarbons (TPH) may also occur. TPH refers to heavy hydrocarbons which may present a fire hazard in extreme circumstances, such as those created in the presence of a flame, excessive heat or strong oxidizers. An exposure limit for TPH has not been established due to the varied chemical composition. Presently, there are no known chronic health hazards associated with TPH. The hydrocarbons and ozone present on-site are also flammable substances. An unlikely scenario is that there could be a fire or explosion on-site which could have potential off-site impact. Tim is a draft report and is not intended to be a final representation oj the work done or recommendations made by Broivn and Caldwell. It should not be relied upon; ionstilt the final nport. P- Jhniun..12-4982,J'hsstUI-t-OtrsignJR.U' CHSP-.FmaLCHSI'.dnc January 2005 BROWN AND^ CALDWELL Work Plan 6-9 hydrocarbons, then additional monitoring requirements may be necessary. Addenda to this CAP will be submitted in accordance with any additional monitoring requirements specified in the WDR pejrmit. 6.5 CLOSURE MONITORING 6.5-1 Groundwater Fallowing shutdbwfl of the remediation system, four quarters of groundwater monitoring and sampling will be performed. The objectives of the Site closure groundwater monitoring program include the following: • verify that groundwater cleanup goals listed in Table 6 have been achieved; • show that any residual dissolve-phase petroleum hydrocarbon concentrations are stable or decreasing; and • show that biodegradation is occurring which will further reduce any remaining residual hydrocarbon concentrations. Natural attenuation depends on Site geochemistry, and on the presence of electron acceptors and other essential nutrients required by microorganisms. Sampling for the biogeochemical parameters as described previously will continue during the Site closure groundwater sampling program. Data obtained from the Site closure sampling program will be evaluated to determine if natural attenuation is occurring and at what rate, if necessary. The primary evaluation criterion is the overall attenuation of the dissolved-phase TPH, BTEX, and MTBE plumes. If attenuation is not readily apparent, a comparison of the concentration of electron acceptors and reduction by-products to the dissolved-phase hydrocarbon concentration can be performed by means of contour maps and logarithmic graphs of electron acceptor concentration versus hydrocarbon concentration. If a relationship between electron acceptor and hydrocarbon concentration is established, the concentration of electron acceptors can be used as a surrogate parameter for the evaluation of biodegradation. The groundwater wells proposed for inclusion in the Site closure monitoring program include MW-1, MW-4, MW-5, MW-10, MW-12, KMW-1, and MW-13 through MW-17. Water samples from these wells will be analyzed for the field parameters, biogeochemical parameters, TPH, BTEX, and MTBE. 6.5.2 Soil As outlined in Section 6.2.1 confirmation soil samples will be collected from the sidewalis and bottom (unsaturated) portions of the excavation. Confirmation samples will be analyzed for TPH, BTEX, and MTBE. A soil sample will be collected from each excavation sidewall and will be collected from the excavation bottom from approximate 15-foot centers. 6.5.3 Vapor One set of confirmation soil gas samples will be collected from vapor probes approximately one month after system shutdown. The location and number of proposed probes will be provided in a P->Hans<m\:4'.W2'CAP\24<;H2 Final CAP <•> DHII O'Jll.VM doc September 2004 BROWN AND CALDWELL '3 SECTION 7 PROJECT SCHEDULE A Gantt chart showing time lines and key milestone dates is provided as Figure 13. Based on the time allotted for review and approval of this CAP by the DEH, field implementation is anticipated to start at the end of the fourth calendar Quarter of 2004 and to be completed by February 2006.; Following one full year of verification groundwater monitoring and submittal of a final Closure Report, regulatory closure by DEH is expected in March 20Q7V Preparation for fieldwork includes acquisition of construction and laboratory sen-ices, procurement of remedial equipment and supplies, application and issuance of required permits; Site preparation and utility clearance; and mobilization. Initial fieldwork, including limited source area excavation and completion of initial field tests to confirm remedial effectiveness, will take approximately three months, after which routine operation and maintenance (O&M) of the groundwater systems will begin. Routine O&M is scheduled to tfe complete in about 12 months! with or without the use of enhanced groundwater treatment using one or more strong oxidizing agents. Since the need for enhanced groundwater treatment cannot be evaluated at this time, preparation of an application to the San Diego RWQCB for a WDR permit will commence immediately upon DEH's final approval of the CAP. After mid-2006 (when Hanson will no longer be operating on the Site), the only need for Site access will be to conduct periodic (quarterly) groundwater monitoring. Throughout the remedial action process, key milestone dates are projected to be: • Final CAP Approyed = October 15, 2004 • Initial Field Mobilization = December 2004 • Cleanup Complete and Verification Monitoring Begins = March 2006 « Final Closure Report Submitted to DEH = January 2007 • Regulatory Closure — March 2007 P. ..llnnsi.ii\:-l'),t; CAP'.:-1S)8: l:iml CM* to DEM 0911104 Joe September 2004 BROWN AND CALDWELL 10 4 5 7 - 6 9 11 12 13 14 15 16 17 16 19 20 21 23 24 25 30 31 36 37 38 Task Name ] Duralion Correctly* Action Plan 112 days CAP preparation 90 edays CAP submitlaf 0 days CAP review DV OEM & revision 60 edays Final CAP Approved 0 cidys Pr*-FieitJ Setup & Mobilization 163 days spaige sysiem aesigri 6 WKS acquisition of construction & lab services Q wKs equipment proruremeni 16 WKS site preparation 4 WKS mobilization begins 0 days Permitting 120 days WDR application 4 wks WDR permil review Dy RWQCB MO edays well permiis *> WKS initial Field Mobilization & Tusting 65 days excavation & sampling 2 wKs Dactdiil & spatga held preparation 2wKs sparge well mstallaDon 1 WK remedial systems installation 4 WKS system startup, Jesting. S. optimization 4 wKs Jtoutln»0*H 4 y O&M at remedial systems 12 mons enhanced O&M using oxioizors permitted by WDR 10 mons routine grounawaler monitoring 200 days Cleanup Verification & ctoaura 26s days fioaf flfouaftow ojonflertsg 1 M o«y s Closure repon preparation 12 wKs Ciosuic r^pon suLinmai 0 uayi Closure Repon review Dy DEH & revision 60 edays 39 Final Closure Report Approved 0 days Stan Finish Thu 5/6/04 Sat 10/9/04 Thu 5/6/04 Wed 8/4/CM Tue Tue 8/10704 &/ 10/04 Tue Sat 10/9/04a/ 10/04 Sat 10/9/04" Sat io/9/04 Wad Fri 3/25/06an 1/04 Wed ' Tue" 8/1 1/04 9/21/04 Wed Tue 9/22/04 11/16/04 Wad Tue 9/29/04 1/18/05 Wed Tue 11/24/04 12/21/04 TUQ tue 12/28/04 12/2B/04 Mori Fri 3/25/05 10/11/04 Won" Fri i vs/04 10/11/04. Fri 11/5/04 Fri 3/25/05 Won Fri 11/5/04 '10/11/04 W»d Tue 12/29/04 3/29/05 WeO " Tue 12/29/04 1/11/05 Wed 1/5/05 tue 1/18/05 Wed Tue 1/19/05 i 1/25/05 Weti' " Tuti 1/26/05 2/22/05 Wed 3/2/05 • Tue3/29/05 W*d: ttw 3/3ttOA MtfH Wed' " TuT 3/30/05 2/28/06 Man Fri'i/27/06 4/25/05 Tu« Mon -30 15?- .l^H^ w*u 3f i/ofl lion Tue • Mari~l78/6V 10/17/Ofi Man 1/8/07 Mon 1/B;u7 Won 1/6/07 Fri 3/9/07 f n 3/9K37 Fn 3/9/07 2004 2006 _____ F»»fc - TW , J F M A M|jiJ A | S 0 N D J F M|A|M JJJ[A|S)0|N U|J *]_M AJJjJj JJAiat^N D |-JT F M A f M j ^ J f A i ^ 10/9 : a i s a ^. 12/28 "j OpUonal Task | Optional TasK f — i D a a LJ LJ ! I | | Optional Task D Q 0 0 DO o a ^ 1,0 FIGURE 13 CAP IMPLEMENTATION HANSON CARLSBAD FACILITY PRO^CT DATE PROJECT NUMBERLOCA™ JULY 2004 24982 HANSON AMERICA fl R 0 W N 1 HI n3701 HAYMAR DRIVE DRUHfl AND CARLSBAD, CALIFORNIA CALDffELL SAN DLEGO. CAIJFORNIA COPY 3-H the sparge wells to help prevent condensate formation, which may negatively affect the ozone generator and valving. > The treatment compound will house the modular ozone sparge unit which will consist of a turn-key, skid-mounted or trailer-mounted piece of equipment containing an air compressor, ozone generator, ozone flow regulator, telemetry and an on-board manifold equipped with 16 solenoid valves for directing and alternating ozone flow to the 16 sparge wells. Each ozone injection circuit will provide a steady flow of ozone to an individual sparge well. The unit requires 220- volt, single-phase power that will be run from the electrical power shack located on the east side of the maintenance shop (Figure 9). Power supply and meter installation will be performed by a licensed electrical contractor under a permit obtained from SDG&E. The Model Hi-Pro2500 Ozone M ozone generator, manufactured by Calcon, is capable of producing up to 2.5 pound per day of ozone with a maximum delivery pressure of approximately 80 pounds per square inch (psi) at an approximate maximum flow of 4 cubic feet per minute (cfm). The unit has programmable logic allowing flow and pressure specifications to be input and automatically maintained during operation between wells. Based on review of the dissolved- phase hydrocarbon fuel extent, Brown and Caldwell has estimated the dissolved phase mass of MTBE and BTEX compounds within the remediation zone to be approximately 44 pounds. Given that the oxidation demand of ozone for MTBE and BTEX compounds is approximately 3.0 and 3.4 pounds of ozone per Ib of compound, respectively, Brown and Caldwell estimates that approximately 147 pounds of ozone is required for oxidation of these compounds. In addition, Brown and Caldwell estimates that an additional 400 pounds of ozone may be required as an allowance to react with other organic compounds and metals in the , the total ozone requirement is estimated to be approximately 550 pounds. Using these assumptions, the ozone system pilot test duration is expected to be approximately 7 months, with the system operating 24-hours per day; Based on dissolved-phase mass calculations and ozone demand calculations, it is anticipated that each well will need to receive ozone at a deliver}' rate of approximately 2 cfm per well to sufficiently degrade COCs in groundwater, promote enhanced biodegradation and overcome ozone usage by other electron donors (i.e., naturally occurring organic matter, iron, etc). A general layout of the sparge wells and ozone system is shown as Figure 9. Construction drawings showing the system layout, trench details, ozone generator layout and a generalized process flow and instrumentation diagram for the ozone generator are included in Appendix F. 3.5 SYSTEM STARTUP AND PERFORMANCE MONITORING After system installation is completed, Brown and Caldwell will perform initial startup and testing of the ozone sparge system. The objectives of this initial testing are to ensure that sufficient ozone is delivered to the contaminant mass in groundwater and to ensure that ozone and/or VOCs are not migrating to the land surface and being emitted into the atmosphere. The low flow ozone injection approach described below is intended to provide an adequate amount of ozone to carry out destruction of the COCs and promote enhanced biodegradation of the COCs due to the oxygenated environment created by the ozone. The low flow approach is also intended to produce minimal iiii-i-D^ipv IK.A[''',hnjd Draft I BROWN AND CALDWELL Site Setting and Assessment History 2-9 14, which demonstrates its intermittent appearance at the Site. The highest detection in April 2004 (270 ug/L) was in well MW-7 near the source area. Similarly to MTBE, future sampling events may better define TEA concentration trends with time. 2.8 FUTURE SITE USE No specific property development plans for the future land use of the Hanson Carlsbad facility have been established at this time, but th^,^ftSJ.jJ?ad General Plan designations for future She use are low and medium density residential and general open spafee while the current zoning designation for the1 Site is industrial and one"family residential {Hanson Aggregates Pacific Southwest, Inc. 2001). It is unlikely that a specific final Site use determination will be made for several years. Local property use includes several residences and businesses located within a one-half mile radius of the Site. East of the Site there are several businesses including a car dealership, gas station and supermarket, to the North and South of the Site there are housing developments, and to the West of the Site there is a single-residential house that is dependent on a domestic-use production well. Based on current information available, it is our understanding that the ownership of the property will be transferred in June 2007. The remedial plan outlined in this IRAP was prepared with the intention tMt Site closure would be achieved by June 2007/ 1' \Hany.n'. I :•(''«: ._Ph:i.-,- "'J I )i-<u;ii . I!'A1V Fma! Draft IRAP l-.i '. '.-. nv ,|, ,r BROWN AND CALDWELL Ms. Laurie Apecechea July 11, 2006 Page 2 of 7 Background Hanson America has been performing investigation and remediation activities at the Site since 1998, when diesel- and gasoline-impacted soil was detected during the removal of fuel tanks located on the northern side of the property (Figure 2). Based on the results of soil borings after the tank removal and quarterly ground groundwater monitoring, it was determined that remediation of both soil and dissolved-phase hydrocarbons would be required for the Site. Brown and CaldweU proposed a remedial strategy in an Interim Remedial Action Plan (TRAP) submitted to the DEH in January 20054. The remedial strategy proposed in the IRAP included source area excavation of both gasoline- and diesel-impacted soil and installation of an ozone sparge system to remediate dissolved-phase impacts to groundwater. Source area excavation was statted'^ttHe Site uiJulf'2CK3^ and wis finished in March 200$. During the source area excavation, it was necessary to segregate soil to minimize the amount of soil that would be earmarked for on-site remediation. In the IRAP, Brown and Caldwell proposed segregating obviovisly impacted soil from less-impacted and overburden soil, based on field screening using a photo-ionization detector (PID) and sample results from an on-site mobile laboratory. Plans for, th# excavated soil included treatment of impacted soil on-site in passive biotemedlation? treatment cells and reuse or restricted use for soil with zero-to-moderate impacts^ Soil that was found to have no impacts was scheduled to be used in backfilling the excavation, and soil with moderate impacts would be characterized as fuel- contaminated soil (PCS) waste and stockpiled for future restricted use on-site. Based on previous assessment data, a total of approximately 7,700 cubic yards (yd1) of soil was anticipated to be excavated, including impacted soil and overburden soil. However, considerable additional excavation was required to remove the source area of impacted soil and, by the completion of excavation approximately 43,500 yd1 of soil was excavated. Of that total, approximately 18,500 yd3 was classified as un- impacted soil, approximately 6,000 yd' was classified as "questionable" soil due to noticeable hydrocarbon impacts, and approximately 19,000 yd3 was classified a$ impacted soil due to obvious hydrocarbon impact^ To store all of the excavated soil, several stockpiles of soil were constructed. In total, eight stockpiles were created during the life of the project, including two stockpiles characterized by field screening as un-impacted ("clean") soil, three stockpiles characterized as moderately impacted ("questionable") soil, and three stockpiles characterized as impacted soil. The focus of this report are the "clean" and "questionable" stockpiles. Details regarding sampling and characterization of the impacted soil stockpiles will be included in other reporting efforts. The "clean" and "questionable" stockpiles created during the excavation include the following (Figure 2): » Clean Stockpile #1 - Located south of the excavation, with a total volume of approximately 6,500 yds1, consisting of 13 cells with 500 yd"1 in each cell. The stockpile was primarily composed of overburden soil taken from the 1 Brnwn and Caldvvcll, 2(.H'l5. Interim Remedial Action Plan (JRAP), Hanson America Carlsbad Facility. D[;.H Case No [ [n250<)-0ul [unuarv. I':' [Vi|. ci.- I I.in-MI \IIUMC.I i;7l|_') - C.irNI'.ul Rcm-.tli irinn IP Ddivenihlcs' Reports^Stockpile S.implm» Rep. r-f l''a.i!_Si...l-;vli' R.-pnri .JiK- Hanson Aggregates Pacific Southwest, Inc. September 23, 2002 3701 Hay mar Drive, Carlsbad, California 92154 Page 5 7.O STATISTICAL ANALYSES Statistical analyses were performed on the laboratory analytical data obtained from the stockpiled soil sampling operations in accordance with DEH:s Site Assessment and Mitigation guidelines. The mean TPHg concentration was 0.65 ing/kg, and the upper limit of the 80% confidence interval was 1.13 mg/kg. The mean TPHd concentration was 342.77 mg/kg, and the upper limit of the 80% confidence interval was 449.50 mg/kg. The mean TPHd concentration in the TCLP extract was 15.10 mg/L. and the upper limit of the 80% confidence interval was 29.19 ing/L. Stockpiled soil statistical analyses are provided in Appendix C. 8.O DISCUSSION The results of soil characterization operations indicate that the stockpiled soil is not significantly impacted with gasoline compounds. The average concentration of TPHd in the samples recovered from the stockpile was 342.77 mg/kg. Although the laboratory analytical results for diesel do not meet First or Secondary Tier conditions of the^CalifotHEWFfegional Water Quality Control Board?(CRWQCB) San Diego Region Resolution No 95-63, this soil appears suitable for use as roaa basejfin association with construction operatftftfs"ttef% conducted at the subjecf p$&$jfiiy. According to Mr. John Odermat of CRWQCB, soil which does not meet Resolution No. 95-63 requirements can be used as fill material provided the soil remains on the property in which the unauthorized release occurred, and the disposition location adequately protects groundwater resources and public health. Mr. Odermat indicated that DEH has the authority to authorize the on-site disposition of the stockpiled soil. The proposed location for the disposition of the stockpiled soil is beneath Marron Road^ which is an asphalt concrete-paved extension of Lake Boulevard being constructed in the eastern portion of the property (Figure 2). The stockpiled soil would be spread approximately two (2) to three (3) feet thick immediately beneath the road base/' The anticipated elevation at which the stockpiled soil would be placed is approximately 1 50 feet above mean sea level (msl), which is estimated to be approximately 40 feet above the groundwater table. In addition, the stockpiled soil will be placed on top of approximately 45 feet of compaction-certified fill material. In PIC's judgement, the use of the stockpiled soil as fill material beneath a future road beneath the subject property adequately protects environmental health and groundwater resources PIC ENVIRGNMENT/IL FOFFPl'ACEMENT OF LAKE • BOULEVARD No Graphic Scale North PIC E nvironmental •SERVICES- HANSON AGGREGAfES 3701 Hay mar Drive Carlsbad, California AERIAL PHOTO SHOWING APPROXIMAriE LOCATIONS OF STOCKPILED SOIL AND PROPOSED DISPOSITION LOCATION Prqect No. HS8066 September 2002 Figure 2 9665 Chesapeake Drive, Suite 201 San Diego, California 92115 Tel: 858-514-8822 Fax:858-514-8833 wTvw.bro'wnandcaJchv ell.com tfR 1 April 22, 2009 Ms. Carol Fenner, PG Environmental Health Specialist County of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1s' Quarter 2009 Groundwater Monitoring and Site Remediation Activities Hanson America - Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number: H02509-001 Dear Ms. Fennen On behalf of Hanson America, Brown and Caldwell is presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors Parcel Number 167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This groundwater monitoring event was conducted in general accordance with the County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with the Contract for Service between Brown and Caldwell and Hanson America. Brown and Caldwell conducted the first quarter 2009 monitoring on March 16 through March 20, 2009. In total, the first quarter event included the gauging and sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site. Groundwater monitoring, sampling, and reporting were conducted in accordance with the following references: " Section 5 of the 2004 Site Assessment and Mitigation (SAM) Manual developed by the DEH.1 • The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in the Report of Second Quarter 2007 Groundwater Monitoring by Brown and Caldwell (Table I).2 • The initial schedule proposed in the Interim Remedial Action Plan Report (IRAP), January 2005, by Brown and Caldwell.3 Investigations assessing the extent of hydrocarbon-impacted soil and groundwater have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as cliesel (TPHj) and as gasoline ' San Diego Department ot Fwironmeiilal I leahh, Land ;in<J Water Quality D:\JMon. Site As;.-eSMiicnt and Mitigation Manual. February 2004. •• Brown .ind Caldurll. Report of Second Quarter 200" (irouiuKvaiur Monitoring, I fanson America, 3~OI I fin-mat Drive, Carlsbad, California. July 2007. 1 Brown and Caldwell. Interim Remedial Action Plan IRAP) Report, Hanson America, >7OI ll.iymar Drive, ' 'arlslvad, California. January 2005. Ms. Carol Fenner, PG Department of Environmental Health April 22, 2009 Page 2 (TPHg) were detected in soil during the removal of eight underground storage tanks (USTs) in August 1998. In March 2001, Environmental Business Solutions (BBS) was hired to investigate the extent of groundwater contamination at the Site and perform quarterly groundwater monitoring. Thirteen monitoring wells, identified MW1 to MW13, were installed in March 2001 and quarterly groundwater monitoring was initiated in May 2001. During the May 2001 sampling event, liquid-phase hydrocarbons (LPH) were detected in groundwater in wells MW3 and MW7. To better assess the extent of the dissolved-phase hydrocarbon plume, four more monitoring wells, MW14 — MW17, were installed in February 2003 and sampled for the first time in March 2003. Results of groundwater monitoring conducted from 2001 through 2003 • are summarized in quarterly groundwater monitoring reports prepared and previously submitted by BBS, and in the tables included with this report to establish historical trends. Brown and Caldwell commenced conducting quarterly groundwater monitoring activities at the Site in April 2004. Based on the review of the historical groundwater monitoring data, Brown and Caldwell proposed modification to the sampling frequency for individual wells, which was approved by the DEH in late 2004. The sampling schedule was modified further in January 2005 to evaluate changes in dissolved-phase hydrocarbon concentrations in response to remedial activities at the Site. The revised sampling schedule included quarterly gauging and sampling of all monitoring wells, beginning with the first quarter 2005, and continuing during ongoing remedial activities through the end of 2005. In accordance with the January 2005 IRAP and Section 5 of the 2004 SAM Manual, monitoring wells MW2 and MW3 were destroyed after the first quarter sampling event of 2005. After completion of the second quarter 2005 sampling event, remedial activities started with source area excavation, which were conducted from June 2005 through March 2006. Due to expansion of the excavation area from original estimates proposed in the IRAP, monitoring wells MW1, MW7 and MW14 were destroyed during the first quarter 2006. These wells were replaced with four new monitoring wells, MW18 through MW21, installed on May 1 and May 2, 2006. Monitoring wells MW18 through MW21 were sampled during the second quarter groundwater monitoring event. In late 2006, monitoring well MW12 was inadvertently destroyed by a contractor during unrelated field activities. Proper destruction and teplacement of the well was performed in January 2007. The replacement well is identified as MW22 (Figure 3). Between May 1 and May 4, 2006,16 ozone sparge wells were installed for groundwater remediation (Figure 3). The sparge wells consist of 1-inch casing with a two-foot long sparge tip that is constructed of a porous, PVC-like material that allows small gas bubbles to pass through into the groundwater. Installation of the groundwater remediation system was completed on August 31, 2006, with a pilot test start-up on September 5, 2006. Ozone was initially pumped into each well for approximately 3 hours; however, the treatment interval for selected sparge wells has been modified to improve system up-time and to increase ozone delivery in areas where periodic monitoring shows less rapid destruction of the volatile organic compounds (VOCs) of concern. At system start-up, weekly and monthly monitoring of selected wells, MW4, MW5, MW9, MW10, MW18, and MW20, was performed. Weekly monitoring occurred for the first four weeks of successful system operation and included measurements of dissolved, oxygen (DO), pH, oxidation reduction potential (ORP), electrical conductivity (EC), temperature, and turbidity. VOCs, ozone, oxygen, and carbon dioxide were also measured from the top of the well casing as well as at three vapor probes that are placed among the sparge wells. Monthly monitoring was conducted every month since the start of the ozone system and continued through the end of the pilot study, which was concluded at the end of January 2007. At that time, remedial action began using the ozone sparging system. Field activities and results from the first quarter 2009 monitoring event are summarized in the following sections and tables of this report. MR MONITORING (SITE WIDE EVEN%.\ ;---; FORMER GASOUNE UNDERGROUNDSTORAGE TANK (USD :;:::: FORMER DIESEL UST FIGURE 1 AIR MONITORING STATIONS HANSON AMERICA 3701 HAYWAR DRIVE CARLSBAD. CALIFORNIA PROJECT NUMBER _27929 BROWN AND CALDWELL SAN DIEGO. CALIFORNIA partner, Carol rpn n Ho',1 S 0 "7 -o o Sen-t: To; Cc: Miller, Jack Tuesday, December 23, 2008 3:42 PM Compton, Candis E.; Sjoberg, Fran; Flannery, Kathleen; Kirk, Lesley; Miller, Linda S.; Ortiz, Moises; Untiedt, Sharon; Schmidt, Sonja; Wallar, Chandra Erbeck, Gary; McPherson, Mark; Lambert, Tom; Vernetti, Mike; Fenner, Carol Subject: Media Contact WPJsMEDJA REPORT December 23, 2008 Date 12/23/08 Spokesperson Section Jack Miller Reporter Medium Heather The Reader Publication Date 0, V 12/24/08 Topin*"" Contaminated Site I confirmed that there is fuel contamination at the site referred to as Hanson Aggregates at 3701 Haymar, Carlsbad. I also confirmed that contaminated soil that is covered is being bioremediated. j 2/26/2008 FINAL DRAFT mtbe_finaldraft.doc FINAL DRAFT 03/27/00 Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates Overview This document has been developed in response to Executive Order D-5-99 and Senate Bill 989 (Sher — Chapter 812, Statutes of 1999). It is intended to assist managers and staff at state and local regulatory agencies with the task of overseeing the investigation and cleanup of sites where there have been or may have been releases of MTBE-laden petroleum. This document will serve as a basis for reporting to Cal/EPA and the legislature regarding progress made on cleaning up MTBE. The essence of this document is the understanding that the standard approach for dealing with petroleum releases employed over the past decade will not suffice for MTBE, because unlike traditional petroleum constituents such as benzene, MTBE moves quickly to pollute water and is slow to degrade in the subsurface environment. Response time is critical for MTBE. A quick response to a release greatly increases the ability to check the spread of the MTBE and to clean up the mass of the release. Because time is critical, regulators will need to prioritize their cases and give first attention to those that pose the greatest risk to groundwater. It is also expected that there will be more need for vertical definition of MTBE plumes and more reliance on active cleanup technologies, such as soil vapor extraction, in situ groundwater remediation, and groundwater pump and treat systems, than there has been for non-MTBE petroleum. Lead agencies are expected to understand the extent of MTBE releases in their jurisdiction, the proximity of those plumes to nearby receptors (ie. drinking water wells and surface water supplies), and the approximate travel time for the plume to reach the receptor. With this information, lead agencies will be able to direct resources to those sites where the plumes are most likely to impact a nearby receptor. A two-phase priority classification system to allocate resources during investigation and cleanup is presented to help accomplish that task. Technical references are included. This document does not address the question of when to cease corrective action at an MTBE site. Existing SWRCB policies and resolutions provide guidance for determining the appropriate conditions for site closure. Introduction Executive and Legislative Mandates Governor Davis issued Executive Order D-5-99 on March 25, 1999, and signed Senate Bill 989 on October 8, 1999. These documents recognize that if not managed properly, MTBE can cause significant adverse impacts to current and future beneficial uses of ground and surface water. The Executive Order contains eleven items that include tasks for various state departments and boards. Among these, item 8 directs the State Board to proceed to identify areas that are most vulnerable to MTBE, prioritize resources, and to provide guidelines for the cleanup of MTBE in groundwater. FINAL DRAFT FINAL DRAFT Page 1 of 20 On Wed, 7/22/09, Fenner, Carol <Carol.Fenner@$dcounty.ca.gov> wrote: From: Fenner, Carol <Carol.Fenner@sdcounty.ca.gov> Subject: H02509-001: Hanson America Update To: annhhallock@yahoo.com Cc: "Vernetti, Mike" <Mike.Vernetti@sdcounty.ca.gov> Date: Wednesday, July 22, 2009, 10:55 AM Hi, Ann, M ike Vernetti is out of the office this week, so he forwarded your email to me so that I could address your concerns. Regarding the MCL for MTBE: MCLs are federal and State maximum contaminant levels for drinking water (they do not apply to soil). The Primary MCL for MTBE is 13 micrograms per liter; however, because the Hanson site is in a groundwater basin designated for beneficial use (including municipal, agricultural, and industrial supply), the Secondary MCL applies for drinking water taste and odor considerations. The secondary MCL is 5 micrograms per liter. County of San Diego: Methy-tertiary-butyl-ether (MTBE) Page 1 of 3 Metfay-tertiary-butyl-ether (MTBE) What you need to know about MTBE Wiat Must. Be Done Maximum JJontaminant Levels, MCLS CHs-C-O-CHsPripritjzation of MJBE MTBE Research at Cases UC. Davis SWRCB Draft Guidelines•" ' ~ "MT"BE " " ......... " ............ Stat.us.and .Impact of State .Ban Physical Properties What You Should Know Methyl-tertiary-butyl ether (MTBE) is a fuel oxygenate added to gasoline to reduce air pollution and increase octane ratings. Widespread use of this chemical since the 1970s has resulted in frequent detection of MTBE in shallow groundwater in San Dleg'o County. On March 25, 1999 Governor Davis issued Executed Order D-5-99, and signed Senate Bill 989 (Chapter 812, Statues of 1999) on October 8, 1999. These documents recognized that Methyl-tertiary-butyl ether (MTBE) can cause significant adverse impacts to current and future beneficial uses of ground and surface water and direct the SWRCB to develop guidelines for investigation and cleanup of MTBE in vulnerable areas. In accordance with the Health and Safety Code, Section 25299 which became effective January 1, 2000, all sites? in Sari Diego County with MTBE contamination must be prioritized as to the potential threat the site may pose to" beneficial ground and surface waters. What Must Be Done Groundwater resource areas in San Diego County are very diverse. These areas include: alluvial deposits along streams and rivers; sedimentary formations; and fractured crystalline rock. Consequently, the vulnerability of these resources must be evaluated on a site-by-site basis. The main criterion for determining vulnerability-IP whether the aquifer underlying a site or a surface water body near the site Is or will be used as a source of drinking water^ Once it has been established that the site is in a vulnerable area, the distance to the nearest receptor must be determined. Receptors are defined as drinking water wells and surface water sources currently being used. Drinking water wells in San Diego County include public, private or irrigation wells. Under current State guidelines, the distance to the receptor and the concentration of MTBE at the site are the determining criteria for classification of a site. The assumptions used for the State guidelines are very conservative and may result in a higher Rrlonty_c.lassjfication. When enough site-specific data is available, it may be possible to re-classify a site to a lower priority. The site-specific data would include: rate of movement of MTBE in the subsurface between the site and receptor; degradation rate of the MTBE at the site; and establishing the time needed for MTBE to reach the receptors. Resources will be directed to those sites that pose the greatest and most immediate threat to the receptors. Sites which are determined to pose the greatest threat will be tracked more closely to assure a timely and effective investigation. Prioritization of MTBE Cases hfftv/A*m/\v tHrrinnfv r;\ anv/rlph/w;ifpr/cam mthp html 9/01/9DOQ County of San Diego: Methy-tertiary-butyl-ether (MTBE) Page 2 of 3 Lead agencies such as the San Diego County Department of Environmental Health are tasked with the responsibility to oversee the investigation and cleanup of sites where there have been or may have been releases of MTBE. As lead agency, the Site Assessment and Mitigation Program (SAM) must examine cases that are located in areas most vulnerable to groundwater contamination and classify them based on concentration of MTBE contaminants and distance to receptors. The distance from the contaminant source to the receptor is used to initially estimate the level of risk posed to drinking water sources. Requirements of the Responsible Party As a responsible party, you are required to determine the distribution of MTBE in the subsurface and identify nearby receptors and the potential for migration of MTBE to receptors. Investigation Priority Classification One of our primary tasks is to assign an investigation priority classification to each site. Assignment of an investigation priority classification is based on the distance of MTBE contaminants to the nearest receptor. Sites that are determined to pose the greatest threat will be given the highest priority. These sites must be tracked more closely to assure a more timely and effective investigation. Sites are classified with A being the highest priority and D the lowest in priority. DEH will conduct case review and send directive letters within 30 days of notification of an MTBE release. The following is the initial investigation priority classification system established by the SWRCB in their guidelines: Site Classification Regulatory Response Timing Determine cleanup priority classification as soon as possible, not Class A: later than one year after notification or discovery of MTBE release. . Determine cleanup priority classification within two years after notification or discovery of MTBE release. Determine cleanup priority classification within three years afterClass C:notification or discovery of MTBE release. _, Wot located in an area that is most vulnerable to contamination andClass D:has concentrations of MTBE in groundwater over 5 ppb. Determine cleanup priority classification within five years after notification or discovery of MTBE release. If wells are suspected to be in the area but their exact locations are unknown, the site will be given a higher investigation priority classification rather then a lower classification until more information becomes available. The investigation priority classification may be decreased if it becomes apparent through an assessment investigation that the site does not pose a threat to nearby receptors. Cleanup Priority Classification Assignment of Cleanup priority occurs after sufficient data has been collected to estimate the travel time for the contaminant plume to reach a receptor but not more than the time specified in the Priority Classification. At that time in the process, the site is given a priority for remediation based upon the estimated plume travel time to the nearest down-gradient receptor, or other criteria determined by DEH. Utf~. //,, History of MTBE Concentrations 9665 Chesapeake Drive, Suite 201 •.**'• , *, » * San Diego, California 92115 * £* \ 0 ' Tel: 858-514-8822 ^H^l^n: www.brownandcaldwell.com April 22, 2009 Ms. Carol Fenner, PG Environmental Health Specialist County of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1st Quarter 2009 Groundwater Monitoring and Site Remediation Activities Hanson America — Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number: H02509-001 Dear Ms. Fenner: On behalf of Hanson America, Brown and Caldwell is presenting this report summarizing the first quarter 2009 ground-water monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors Parcel Number 167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This groundwater monitoring event was conducted in general accordance with the County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with the Contract for Service between Brown and Caldwell and Hanson America. Brown and Caldwell conducted the first quarter 2009 monitoring on March 16 through March 20, 2009. In total, the first quarter event included the gauging and sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site. Groundwater monitoring, sampling, and reporting were conducted in accordance with the following references: • Section 5 of the 2004 Site Assessment and Mitigation (SAM) Manual developed by the DEH.i • The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in the Report of Second Quarter 2007 Groundwater Monitoring by Brown and Caldwell (Table I).2 • The initial schedule proposed in the Interim Remedial Action Plan Report (IRAP), January 2005, by Brown and Caldwell.3 Investigations assessing the extent of hydrocarbon-impacted soil and groundwater have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as diesel (TPHa) and as gasoline 1 San Diego Department of Environmental Health, Land and Water Quality Division. Site Assessment and Mitigation Manual. February 2004. 2 Brown and Caldwell. Report of Second Quarter 2007 Groundwater Monitoring, Hanson America, 3701 Haymar Drive, Carlsbad, California. July 2007. 3 Brown and Caldwell. Interim Remedial Action Plan (IRAP) Report, Hanson America, 3701 Haymar Drive, Carlsbad, California. January 2005. Environmental Engineers e>' Consultants Ms. Carol Fenner, PG Department of Environmental Health April 22, 2009 Page 2 (TPHg) were detected in soil during the removal of eight underground storage tanks (USTs) in August 1998. In March 2001, Environmental Business Solutions (EBS) was hired to investigate the extent of groundwater contamination at the Site and perform quarterly groundwater monitoring. Thirteen monitoring wells, identified MW1 to MW13, were installed in March 2001 and quarterly groundwater monitoring was initiated in May 2001. During the May 2001 sampling event, liquid-phase hydrocarbons (LPH) were detected in groundwater in wells MW3 and MW7. To better assess the extent of the dissolved-phase hydrocarbon plume, four more monitoring wells, MW14 — MW17, were installed in February 2003 and sampled for the first time in March 2003. Results of groundwater monitoring conducted from 2001 through 2003 < are summarized in quarterly groundwater monitoring reports prepared and previously submitted by EBS, and in the tables included with this report to establish historical trends. Brown and Caldwell commenced conducting quarterly groundwater monitoring activities at the Site in April 2004. Based on the review of the historical groundwater monitoring data, Brown and Caldwell proposed modification to the sampling frequency for individual wells, which was approved by the DEH in late 2004. The sampling schedule was modified further in January 2005 to evaluate changes in dissolved-phase hydrocarbon concentrations in response to remedial activities at the Site. The revised sampling schedule included quarterly gauging and sampling of all monitoring wells, beginning with the first quarter 2005, and continuing during ongoing remedial activities through the end of 2005. In accordance with the January 2005 IRAP and Section 5 of the 2004 SAM Manual, monitoring wells MW2 and MW3 were destroyed after the first quarter sampling event of 2005. After completion of the second quarter 2005 sampling event, remedial activities started with source area excavation, which were conducted from June 2005 dirough March 2006. Due to expansion of the excavation area from original estimates proposed in the IRAP, monitoring wells MW1, MW7 and MW14 were destroyed during the first quarter 2006. These wells were replaced with four new monitoring wells, MW18 through MW21, installed on May 1 and May 2, 2006. Monitoring wells MW18 through MW21 were sampled during the second quarter groundwater monitoring event. In late 2006, monitoring well MW12 was inadvertently destroyed by a contractor during unrelated field activities. Proper destruction and replacement of the well was performed in January 2007. The replacement well is identified as MW22 (Figure 3). Between May 1 and May 4, 2006,16 ozone sparge wells were installed for groundwater remediation (Figure 3). The sparge wells consist of 1-inch casing with a two-foot long sparge tip that is constructed of a porous, PVC-like material that allows small gas bubbles to pass through into the groundwater. Installation of the groundwater remediation system was completed on August 31, 2006, with a pilot test start-up on September 5, 2006. Ozone was initially pumped into each well for approximately 3 hours; however, the treatment interval for selected sparge wells has been modified to improve system up-time and to increase ozone delivery in areas where periodic monitoring shows less rapid destruction of the volatile organic compounds (VOCs) of concern. At system start-up, weekly and monthly monitoring of selected wells, MW4, MW5, MW9, MW10, MW18, and MW20, was performed. Weekly monitoring occurred for the first four weeks of successful system operation and included measurements of dissolved oxygen (DO), pH, oxidation reduction potential (ORP), electrical conductivity (EC), temperature, and turbidity. VOCs, ozone, oxygen, and carbon dioxide were also measured from the top of the well casing as well as at three vapor probes that are placed among the sparge wells. Monthly monitoring was conducted every month since the start of the ozone system and continued through the end of the pilot study, which was concluded at the end of January 2007. At that time, remedial action began using the ozone sparging system. Field activities and results from the first quarter 2009 monitoring event are summarized in the following sections and tables of this report. v P'Ojec'.s Hsnscr. Ane'ica l2792&-1Cv59; - Co?.l Remea-uon lli>De. /srsmes Rt-pr.; ?.,- C - •;• fv. :.•:= '.:' : ^ .an. On Wed, 7/22/09, Fenner, Carol <Carol.Fenner@sdcounty.ca.gov> wrote: From: Fenner, Carol <Carol.Fenner@sdcounty.ca.gov> Subject: H02509-001: Hanson America Update To: annhhallock@yahoo.com Cc: "Vernetti, Mike" <Mike.Vernetti@sdcounty.ca.gov> Date: Wednesday, July 22, 2009, 10:55 AM Hi, Ann, Mike Vernetti is out of the office this week, so he forwarded your email to me so that I could address your concerns. Regarding the MCL for MTBE: MCLs are federal and State maximum contaminant levels for drinking water (they do not apply to soil). The Primary MCL for MTBE is 13 micrograms per liter; however, because the Hanson site is in a groundwater basin designated for beneficial use (including municipal, agricultural, and industrial supply), the Secondary MCL applies for drinking water taste and odor considerations. The secondary MCL is 5 micrograms per liter. f/' Scale: 1 inch - 100 feet LEGEND MVW « DESTROYED MONITORING WELL MW4-$ MONITORING WELL AND <1-° MTBE RESULTS (pg/L) (63) FIELD DUPLICATE RESULT .—TOO MTBE ISOCONCENTRATION CONTOUR IN pg/L pg/L MICROGRAMS PER LITER r 1 FORMER GASOLINE UNDERGROUNDSTORAGE TANK (UST) [:::::: FORMER DIESEL UST NOTE: WELL LOCATIONS BASED ON SURVEYDATA, BROWN AND CALDWELL, JAN 2006 FIGURE 7 ISOCONCENTRATION CONTOURS MTBE IN GROUNDWATER MARCH 2009__ r7= PROJECT HANSON AMERICA 7p1HAYMARDraV CARLSBAD, CALIFORNIA BROWN AND CALDfELL SAN DIEGO. CALIFORNIA Figure A-2. Water Level and VOC Concentration for MW5 10000 n 1000 - MTBE • Detected O Not Detected —^--^^— Benzene • Detected O Not Detected •"• "'Begin Excavation End Excavation '" •" " Begin Ozone Sparging - - 4K- - -Water Level Elevation Sparging MTBE Trend — — — Sparging Benzene Trend 0.1 10/31/00 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 10/30/06 10/30/07 10/29/08 10/29/09 Sampling Date -' /'- r'< P:\Proi9cts\Hanson AmencaM27929-132590 - Chad HemediaSon lll\Deliv8rables\R9Dorls\2009 Quarterly ReportsMsl oiaflart 4/6/2009 Figure A-3. Water Level and VOC Concentration for MW8 10000 -i T 90 1000 - I§1s 3 U 100 - 10/31/00 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 10/30/06 10/30/07 Sampling Date MTBE • Detected O Not Detected Benzene • Detected O Not Detected • Begin Excavation End Excavation • Begin Ozone Sparging - - •&!- - -Water Level Elevation Sparging MTBE Trend ~~ "• ""• Sparging Benzene Trend 10/29/08 10/29/09 P:\ProJ8cts\Hanson AmericaM27929-132590 - Cbad Remediation lll\Deliverables\Reports\2009 Quarterly ReportsMst quartert 4/6/2009 Figure A-5. Water Level and VOC Concentration for MW10 10000 n T 90 1000 - W> o•a Ou MTBE • Detected O Not Detected —^~•——' Benzene O Not Detected """" "Begin Excavation End Excavation Begin Ozone Sparging • - *• - -Water Level Elevation Sparging MTBE Trend SJ1' — — — Sparging Benzene Trend 0.1 10/31/00 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 Sampling Date 10/30/06 10/30/07 10/29/08 10/29/09 P:\Prajects\Hanson AmericaM 27929-132590 - Cbad Remediation lll\Deliverables\Reports\2009 Quarterly ReportsMst quartert 4/6/2009 Figure A-6. Water Level and VOC Concentration for MW13 10000 n T 90 O O O 0 0 O O 0 MTBE • Detected O Not Detected ^— Benzene O Not Detected Begin Excavation End Excavation — Begin Ozone Sparging - - * - -Water Level Elevation Sparging MTBE Trend — — — Sparging Benzene Trend 10/31/00 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 Sampling Date 10/30/06 10/30/07 10/29/08 10/29/09 P:\Projects\Hanson America^ 27929-132590 - Chad Remediation ll!\Deliverables\Reports£009 Quarterly Reports\1st quartert 4/6/2009 Figure A-8. Water Level and VOC Concentration for MW17 10000 i o o oUu 1000 - 100 - ,0-1 -r 90 0.1 10/31/00 --85 -- 80 -- 75' = 0.446 ?.7u<(/ G—« 9—9 OOOOOOOO 0 O O O—OOOOOOOOO \ R2 = #N/A : excavation i ozone sparging—* _O IU W 70J -- 65 -- 60 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 10/30/06 Sampling Date 10/30/07 10/29/08 55 10/29/09 MTBE • Detected O Not Detected 1 Benzene O Not Detected """"""•Begin Excavation End Excavation "••"•'•i-'-"'Begin Ozone Sparging • •5K- - -Water Level Elevation Sparging MTBE Trend ' ~~ — Sparging Benzene Trend P:\Projects\Hanson Amenca\127929-132590 - Cbad Remediation HI\DeliverableE\Reports\2009 Quarterly ReportsMst quarteA 4/6/2.009 Figure A-9. Water Level and VOC Concentration for MW18 10000 n 1000- 6C 100 - •2-co aVo 10 - 1 - T 90 0.1 10/31/00 10/31/01 excavation ozone sparging—* 10/31/02 10/31/03 10/30/04 10/30/05 10/30/06 10/30/07 10/29/08 10/29/09 Sampling Date MTBE Detected Benzene Detected Not Detected • Begin Excavation — • End Excavation Begin Ozone Sparging •Sfc - -Water Level Elevation — Sparging MTBE Trend — — Sparging Benzene Trend P:\Projects\Hanson Am8rica\127929-132590 - Chad Remediation lll\D8liverables\Reports\2009 Quarterly ReportsMst quartert 4/6/2009 Figure A-10. Water Level and VOC Concentration for MW19 10000 -, 1000 - co c c3 CJ 100 - 10 - -r 90 f excavation <*.. ozone sparging—* 0.1 10/31/00 ' 10/31/01 --85 = 0.2531 80 2_= 0.32?6 Cfi MTBE • Detected Benzene • Detected O Not Detected "" " Begin Excavation End Excavation ' '""'Begin Ozone Sparging 1 - •*• - -Water Level Elevation ~~~~—— Sparging MTBE Trend ~ — — Sparging Benzene Trend § W -- 65 -- 60 55 10/31/02 10/31/03 10/30/04 10/30/05 10/30/06 10/30/07 10/29/08 10/29/09 Sampling Date P:\ProJects\Hanson America\127929-132590 - Chad Remediation lll\Deliverables\Reports\2009 Quarterly ReportsMst quartert 4/6/2009 Figure A-11. Water Level and VOC Concentration for MW20 10000 -i 1000 - si o u 100 - 10 - 1 - -r 90 0.1 10/31/00 10/31/01 (excavation X -- 85 = 0.5385 -- 75 »_« -- 60 R2 = 0.3763 ozone sparging—* 80 cfl g u + 70 I S -- 65 10/31/02 10/31/03 10/30/04 10/30/05 Sampling Date 55 10/30/06 10/30/07 10/29/08 10/29/09 MTBE • Detected ~—~~* Benzene • Detected O Not Detected Begin Excavation End Excavation •""'"""Begin Ozone Sparging • •5K- - -Water Level Elevation —— Sparging MTBE Trend — — Sparging Benzene Trend P:\Projacts\Hanson AmericaM27929-132590 - Chad Remediation llr\Delivarables\Reporls\2009 Quartsrly ReportsMst quartert 4/6/2009 Figure A-12. Water Level and VOC Concentration for MW21 10000 -, 1000 - ai oUu 100 - -r 90 0.1 10/31/00 " excavation f MTBE • Detected —— Benzene • Detected O Not Detected 1 Begin Excavation End Excavation • "•""-"Begin Ozone Sparging • *• - -Water Level Elevation Sparging MTBE Trend • — — Sparging Benzene Trend 10/31/01 10/31/02 10/31/03 10/30/04 10/30/05 10/3.0/06 10/30/07 Sampling Date 10/29/08 10/29/09 P:\Projects\Hanson America\127929-132590 - Cbad Remediation lll\Delivarables\Reports\2009 Quarterly ReportsMst quarter1,4/6/2009 Figure A-13. Water Level and VOC Concentration for KMW2 10000 n 1000 - 100- o c;<uu J U 10 - 1 - T 90 * - -x - - - - -- 85 -- 80 3^2 + 75S 5 is <*( A o p o o ooooooooooooo • R2 = #N/A : excavation ozone sparging-* 0.1 10/31/00 10/31/01 10/31/02 10/31/03 MTBE • Detected —— Benzene O Not Detected —•—-™— Begin Excavation End Excavation Begin Ozone Sparging - - -SK- - -Water Level Elevation Sparging MTBE Trend — — — Sparging Benzene Trend W •3+ 70 5; -- 65 -- 60 10/30/04 10/30/05 Sampling Date 55 10/30/06 10/30/07 10/29/08 10/29/09 P:\Projects\Hanson America\127929-132590 - Cbad Remediation lll\Deliverables\Reports\2009 Quarterly Reports\1sl quartert 4/6/2009 APPENDIX M: STATE MTBE DRAFT GUIDELINES Figure 1. - Investigation Priority Class (A, B, or C) (Sites Located in Most Vulnerable Areas) note: log/log scale 10000 0) 0) Q. CDOCD in £reCD a>o re 1000 100 10 100 1000 10000 Max. LUFT Site Groundwater MTBE Concentration, ppb 100000 Step 3. Interim Remedial Action r Sites with high concentrations and a large release mass should have those concentrations and mass reduced before the plume can spread regardless of their priority classification. For example, sites with free product or persistent concentrations over 10,000 ppb MTBE in the groundwater are candidates for source area remediation as an interim remedial action. Long-term impacts to water quality and financial resources are likely to be reduced if interim remediation is performed in these'situations. If the MTBE plume imminently threatens a well, interdiction wells to contam the plume-.may be necessary. Conversely, if the investigation data indicate a low potential threat, eitherjjecause-the mass of MTBE released is small, migration to drinking water wells is highly unlikely, or other relevant factors exist, then this interim remedial action would not be necessaiy. The SCM is updated with any new data that is collected while taking interim remedial actions. It is extremely important for the agency providing cleanup oversight and the tank permitting agency to work together to identity the source of the MTBE in the subsurface (tank, pipe joint, spill bucket, surface spill, etc.) when an ongoing release is suspected at an operating UST. If this step is not completed and an ongoing leak is allowed to continue, the potential success of any attempted remediation will be reduced. A summary of suggested methods for determining the source of leaks in tank systems is included in Appendix D. Step 4, Site Characterization/Determine Plume Travel Time In this step, additional data is gathered regarding the distribution of contaminants in the subsurface,, the location of any nearby receptors (drinking water wells or surface water sources), and the potential for Page 2.18.2004 •'S ADOPTED APRIL 4, 2006 MEttWBlBUHS Urtwn Plan WROC COMMITTEE Many cities face similar situations where incompatible land uses are located side-by-side, and where public safety programs are consistently being impacted by a high demand for services from concentrated problem areas within the community. These problems often tend to spread, thus impacting adjoining neighborhoods or business areas. In August, 2003, the Redevelopment Agency appointed 40 members to the Westside Revitalization Oversight Committee (WROC). The WROCs objective was to build upon previous work completed by the Community Redevelopment Action Committee (CRAC). Through the efforts of an intense citizen participation program, the WROC assisted City Council/Redevelopment Agency in developing a long-term vision for the Westside. Citizen participation was a critical part of the Westside Revitalization Program. The City wished to encourage all residents, especially those living adjacent to industrial properties, to participate in its planning process. In addition, other representatives from the business community were invited. The members of the Westside Revitalization Oversight Committee consisted of representatives of the following groups: • Homeowners • Industrial Business and Property Owners • Rental Property Owners • Commercial Business and Property Owners • Residential Tenants • Community Service Organizations The public participation process was based on the premise that community planning begins with open communication and the exchange of information and ideas. With this exchange, a comprehensive revitalization plan could be developed which had both effective actions to implement in the short- term future and also broad public support. The WROC provided all persons interested in the Westside with the opportunity to participate and provide feedback on what they envisioned for the future of the Westside. This concept was unusual because seldom is a committee encouraged to have a large membership. However, this committee of forty members proved that multiple diverse opinions and interest groups could come together to provide valuable input to its City leaders. This was demonstrated by the WROC through their intense commitment, a strong desire for change, diverse representation of the community, and numerous varying ideas and opinions. Compromise was not easily achieved, but when reached it was supported by a supermajority of the membership (Fig. 3). The WROCs final report and implementation plan are significant since both documents represent the consensus of this 40- member committee (Figure 4). The City of Costa Mesa's Redevelopment Agency and City Council used the WROCs findings and recommendations in their decision-making process to identify the Urban Plan areas and to apply General Plan land use policies for mixed-use development. The primary difference between this urban plan and the WROC recommendations for the residential and live/work overlay zones lies in the scope of the overlay zones. The WROC recommendations identified three area specific areas where the overlay zones were "appropriate". These included a medium density (12 units per acre) residential overlay zone for the 30-acre area west of Whittier Avenue, and two live/work areas (one for approximately 20 parcels west of east of Whittier Avenue and a second for approximately 25 parcels north of W. 18th Street (from Placentia to Whittier Avenue). This Urban Plan area includes nearly the entire southwest industrial core and allows a residential overlay density at 13 units per acre, and live/work developments throughout the plan area. Figure 3 Several Westside Kevitali2Otion Oversight Committee members making public comments at City Council meeting. Figure 4 WROC Planning documents Kc\ italr/.utton CommiUcc ADOPTED APRIL 4, 2OO6 KM WEST KIRS Urban Plan WESTSIDE URBAN PLAN AREAS HISTORICAL CONTEXT The City of Costo Mesa was incorporated in 1953. The Westside was among the earliest areas in the City to develop and is characterized by a diverse population, land uses, job opportunities, and housing choices. Some positive aspects of the Westside include its diverse land uses and convenient access to Fairview Park, beaches, and other recreation areas. The Westside area is located as follows: Fairview Park and the Costa Mesa Solf Club to the north, the Santa Ana River to the west, the City of Newport Beach to the south, and Harbor Boulevard and Superior Avenue to the east. The area contains approximately 1,788 acres, or 2.8 square miles (see Figure 1). The Westside Specific Plan was prepared in October, 2000. While this planning document was not formally adopted, some of the revitalization strategies in the plan have been used as a guide to stimulate area-wide improvement. In addition, the Westside Revitalization Oversight Committee (WROC) was convened to recommend revitalization strategies and identify specific areas for further improvement. The recommendations of the WROC assisted the City Council in identifying the Live/Work Overlay Zone and providing policy direction. Relationship to Other Westside Urban Plans The Westside Implementation Plan was adopted in March 2005. Three Urban Plans were created to establish overlay zones in specific areas of the Westside: (1) 19 West Village Urban Plan, (2) Mesa West Bluffs Urban Plan, and (3) Mesa West Residential Ownership Urban Plan (see Figure 2). Each Urban Plan provides guidance to properly owners and Developers for new development and redevelopment. M\ together, these plans will provide a framework for major private market reinvestment and improvements for the Westside. However, the Urban Plans avoid being excessively restrictive by not dictating architectural design guidelines or establishing exterior building colors. Figure 1: Vicinity Map of Westside Figure 2: Identification of three separate Urban Plan areas for revitalization of Westside Mm Wtot But* Utan Plan ieWt«Uto*iPlan Whit RutdtMnl OvnvsNp ut an Plan PAGE1 ADOPTED APRIL 4, 2OO6 MESA WEST BUFFS Urban Plan Chair Bill Perkins Mesa West Bluffs Urban Plan Area On March 15, ZOOS, the Costa Mesa City Council unanimously approved several revitalization strategies aimed to improve the Westside. City Council identified the Mesa West Bluffs Urban Plan area as a live/work or residential overlay area. The Zoning Map was amended on [date pending] to reflect this overlay zone for the plan area. The Mesa West Bluffs Urban Plan area is approximately 277 acres in size. Some major roadways in the plan area include West 17* Street, West 18th Street, Placentia Avenue, and Pomona Avenue. The Live/Work and Residential Overlay Zone in the Mesa West Bluffs area is identified in Figure 9. Adoption of the Urban Plan On February 13 and March 13, 2006, Planning Commission conducted public hearings on the three proposed Westside Urban Plans. The Planning Commission (Figure 5A) reviewed these plans at a total of five study sessions and two public hearings and unanimously recommended approval of the plan to City Council. On April 4, 2006, City Council (Figure 5B) adopted the Mesa West Bluffs Urban Plan. Commissioner James Fisler Figure SB CITY COUNCIL r Bruce Garlich PLANNING COMMISSION Figure 5A ADOPTED APRIL 4, ZOOS MBA WEST Buns uman />/<m OBJECTIVES OF URBAN PLAN Purpose of Overlay Zoning Overlay zoning is a useful tool in promoting the long-term goals of the Mesa West Bluffs Urban Plan. By giving a plan the weight of law, an overlay zoning district helps ensure successful implementation of the plan's strategies. The overlay zone applies zoning provisions to the Mesa West Bluffs Urban Plan area. When activated by an approved Master Plan, the underlying zoning district is superseded by the zoning regulations of the Mesa West Bluffs Urban Plan, unless otherwise indicated. The Mesa West Bluffs Urban Plan does not propose any major intensification of land uses. The emphasis is on improving the Urban Plan area by providing visual enhancement and encouraging the development of live/work units or residential development within the plan area. Thus, future traffic will be supported by the General Plan roadway network. With regard to the Live/Work Lofts or Residential Overlay Zone, the Mesa West Bluffs Urban Plan implements General Plan goals/objectives/policies for mixed-use development and new residential development by regulating allowable land uses and development standards. The objectives of the Mesa West Bluffs Urban Plan include: • Identify development regulations to realize the vision of the Urban Plan. These regulations address mixed-use development standards as well as public streetscapes and urban design improvements and amenities. • Provide a Land Use Matrix of allowable uses for live/work development that recognizes the development potential of the plan area and need to sensitively integrate new development with the surrounding areas, and therefore, promote both resident and business community confidence in the long term. Encourage the construction of Live/Work Units that combine residential and nonresidential uses in the same unit without exceeding the development capacity of the General Plan transportation system. Attract more residents and merchants by allowing mixed-use development in the form of a live/work loft, which offers first floor retail/office uses and upper story living spaces in the same unit. encourage adaptive reuse of existing industrial or commercial structures, which would result in rehabilitated buildings with unique architecture and a wider array of complementary uses. Stimulate improvement in the Mesa West Bluffs Urban Plan area through well- designed and integrated urban residential development that is nontraditional in form and design with flexible open floor plans and which complements the surrounding existing development. Meet demand for a new housing type to satisfy a diverse residential population comprised of artists, designers, craftspeople, professionals and small-business entrepreneurs. Promote new type of urban housing that would be target-marketed to people seeking alternative housing choices in an industrial area. An urban loft would be an alternative to a traditional single-family residence, tract home, or small-lot subdivision. Encourage the design and development of urban residential structures reflecting the urban character of the surrounding industrial context both in the interior and exterior areas. Figure 6-' Artist Rendering of a Live/Work Unit Figure 7: Artist Rendering of four-story residential building Figure 8: Section Drawing of a Live/Work Unit, showing at-home business on the ground floor and living area UPPER-STORY TOWNHOUSE AT-HOME BUSINESS OR STUOIO PAGE 4 Kira Linberg _ _ _____ All Receive -Agenda Item #j4_ From: Pat Bleha [pcb@sbcglobal.net] THE CITY COUNCIL Sent: Tuesday, December 1 5, 2009 3:07 PM CM - CA-±^1 CC v^ To: Council Internet Email n . / -vfr ^ Subject: Dec. 22 City Council Meeting Hearing on2005-201 0 H^St^S^en^ CM~ AsSt CMr 6 i if' <-t,V-~.*<(t ' - Mayor Bud Lewis and City Council Members: Regarding your upcoming Dec. 22 2009 mS on Hearing on 2005-2010 Housing Element I am totally against your destroying resources of the Buena Vista Creek Valley, still another open space area without any regard to its cultural and historical value. In fact the developer said he was willing to sell it for open space and YOU HAVE THE MONEY WE VOTERS PUT ASIDE FOR OPEN SPACE. Get off your bulldozer mentalitv and start listening to the voters. Need I remind you of this statement: According to Steven Gordon of The Trust for Public Land. "This property has tremendous resource values. It is a critical link in thT regional wildlife corridor, contributes to the health of Buena Vista Creek and nearby coastal waters and has significant historical and cultural value." You people are beyond ludicrous Either vou don't get it or there is some other blacker ulterior motive behind your continually findinq wav to destroy the little bit of uniqueness left in this City!!!! Patricia Bleha, 3209 Fosca St Carlsbad PA 92009 PS: How convenient of you to once again schedule a critical meeting near a holiday! DECEMBER 22, 2009 TO: CITY MANAGER VIA: COMMUNITY DEVELOPMENT DIRECTOR FROM: PLANNING SUBJECT: GPA 03-02 - HOUSING ELEMENT - RESPONSES TO CORRESPONDENCE RECEIVED Attached are staff responses to letters received by the City regarding the proposed Housing Element. These letters were submitted either before the Planning Commission meeting of November 18, 2009, or prior to the December 22, 2009 City Council meeting. Responses are provided to the following letters submitted before the Planning Commission meeting. 1. November 1, 2009, letter from Ann Hallock 2. November 10, 2009, letter from Russ Cunningham 3. November 10, 2009, letter from Mark Vezzola 4. November 18, 2009, email from Casey Cinciarelli The above letters are provided as Exhibits 7C, 7D, 7E, and 7F of Agenda Bill 20,084 on the proposed 2005-2010 Housing Element. Responses are also provided to the following letters submitted before the City Council meeting. 1. December 10, 2009, letter from Ann Hallock 2. December 21, 2009, letter from Everett L. DeLano III SCOTT DONNELL Senior Planner DN:SD:lt City of Carlsbad Planning Department December 21, 2009 Mark A. Vezzola California Indian Legal Services 609 South Escondido Boulevard Escondido, CA 92025 SUBJECT: Your comments on GPA 03-02 - City of Carlsbad 2005-2010 Housing Element Dear Mr. Vezzola: Thank you for your November 10, 2009, comments, submitted by California Indian Legal Services on behalf of the San Luis Rey Band of Luiseno Mission Indians. As noted in your letter, the Tribe is concerned about the preservation and protection of cultural, archaeological, and historical sites within the area affected by the proposed Housing Element. If approved, the Housing Element would be part of the General Plan, a policy-level document that guides growth and land use city-wide. As a policy level document, adoption of the Draft Housing Element will not directly result in any housing being approved or constructed, land use designations being changed, or minimum densities being raised. Adoption will also not amend any other General Plan policies or provisions of the Growth Management Plan, Zoning Ordinance, or Local Coastal Program or any other policy or standard adopted for the purpose of avoiding or mitigating an environmental impact. However, it is recognized that housing facilitated by the Draft Housing Element could have a potentially significant effect on the environment. Accordingly, staff prepared and circulated for public review a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP). Mitigation measures are included to reduce identified potential significant impacts to a less than significant level for housing facilitated by the Draft Housing Element. Staff received significant public comments in response to the MND's circulation, including June 29, 2009, comments from California Indian Legal Services. In reply, staff prepared detailed responses, including responses to the June 29 letter. Staff's responses support the adequacy of the MND and the Planning Director's publishing of a Notice of Intent to adopt a MND and MMRP on May 29, 2009. The City shares your concern regarding the potential harm development may cause to cultural resources. That is why the MND and MMRP discuss and contain mitigation measures to ensure any impacts to important resources are sufficiently mitigated so the impacts are not significant. For further information, please read staff's response to the June 29 letter. The November 10 letter includes the Tribe's request that mitigation measures "be added for the development" and that they be conditions of approval "for this project." Since "the development" and 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 03-02 - City of Carlsbad 2005-2010 Housing Element December 21, 2009 Page 2 "this project" are not identified, and because the Housing Element would not result in the approval or construction of any housing, staff cannot respond to this request. The November 10 letter concludes with comments about requiring a pre-excavation agreement and the proper course of action to take should cultural resources or Native American human remains be discovered. These requirements are appropriately applied at the project level, or when a development proposal is filed with the City. However, the MND and MMRP anticipate these requirements through mitigation measures, which can be applied to specific housing proposals that may be facilitated by the proposed Housing Element. Sincerely, SCOTT DQNNELL Senior Planner City of Carlsbad Planning Department December 21, 2009 Casey Cinciarelli 2727 Lyons Court Carlsbad, CA 92010 SUBJECT: Your comments on GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Quarry Creek Dear Ms. Cinciarelli: Thank you for your November 18, 2009, email comments regarding the City's proposed Housing Element, particularly as it regards the Quarry Creek site. Your comments express concern about the proposal to place high density housing at the site. City staff provides the following replies: 1. Appropriateness of including Quarry Creek in the proposed Housing Element. By state law, Carlsbad is obligated to remove constraints over which it has control. To remove constraints and enable residential densities at Quarry Creek the state finds suitable for lower and moderate income persons, the City would need to amend existing land use designations and zonings. This is what Housing Element Program 2.1 proposes. City staff will begin to implement this program upon Housing Element approval. Carlsbad does not have responsibility over ongoing efforts to remediate soil and groundwater contamination at Quarry Creek; however, city staff is aware that remediation is occurring in a manner satisfactory to the County Department of Environmental Health. 2. The correct number of units in the Excess Dwelling Unit Bank Balance. As of this month, the balance in the Excess Dwelling Unit Bank is 2,942 units. As reported in the proposed Housing Element, this number has remained fairly constant since the City Council lowered the bank balance from 5,985 to 2,800 units in 2002. Government Code 65863 prohibits local governments, with certain exceptions, from approving residential projects at a density below that used to demonstrate compliance with Housing Element law. For Carlsbad, the GMCP has been the density used to demonstrate compliance with Housing Element law. This law has been in effect since 2004. 3. High density and low and moderate income units are distributed throughout Carlsbad. The attached map illustrates that that the distribution of high density housing, both existing and planned, occurs across the City, not just along its border such as at Quarry Creek. Such housing is proposed or already built in interior locations such as the downtown Village, the Barrio, Palomar Airport Road corridor, Poinsettia Transit Station, El Camino Real corridor south of 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Quarry Creek December 21, 2009 Page 2 Palomar Airport Road, and shopping centers throughout the City. Also, the map reveals existing affordable housing developments are built throughout the City. Furthermore, high density, in and of itself, does not guarantee affordability. Most often, in Carlsbad, affordability is enabled through financial assistance, such as from the City's Affordable Housing Trust Fund, and development regulations, such as the Inclusionary Housing Ordinance. 4. Large tracts of protected open space exist in Carlsbad. Considerable, natural open space already exists in Carlsbad. To name a few: The 262-acre city-owned Lake Calavera preserve; California' Department of Fish and Game managed properties near Lake Calavera, Agua Hedionda, Batiquitos, and Buena Vista lagoons; and, the several hundred acre preserve around Box Canyon in the La Costa area. The City's Habitat Management Plan establishes a network of preserve areas and linkages to benefit wildlife and sensitive and endangered plants and animals. 5. Traffic congestion on College Boulevard will be studied. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program recognize that although approval of the Housing Element would not result in approval of any housing or land use changes, approval may facilitate construction of housing. This housing, such as at Quarry Creek, may impact the environment. Therefore, extensive mitigation measures have been proposed to reduce potential significant impacts to an insignificant level. These mitigation measures apply to potential traffic impacts as well and require the preparation of traffic studies to determine circulation needs and adequate ingress and egress, compliance with the City's Growth Management traffic standards, and coordination with other jurisdictions that may be affected by a development proposed in Carlsbad. 6. Quarry Creek can be served adequately by emergency services. Currently and at build out, all fire station districts within Carlsbad are and will be in compliance with the Growth Management standard for the provision of Fire services, which is as follows: the number of dwelling units outside of a five minute response time from the nearest fire station shall not exceed 1,500 dwelling units. As the proposed Housing Element is consistent with the citywide Growth Management dwelling unit cap and the individual quadrant dwelling unit caps, units facilitated by the housing element will not exceed Carlsbad's Growth Management standard for Fire services. In addition, Carlsbad's Growth Management Fire Service standard can be met with the proposed density increases for Quarry Creek. Carlsbad can provide fire service to all areas of the city and implementation of the Housing Element will not result in new need for additional fire stations; therefore any fire service impacts would be less than significant. The Carlsbad Fire Department does participate in a mutual aid program with the cities of Vista and Oceanside. Calls in any of the three cities may be responded to by emergency services from one of the other cities. However, this does not reflect an inability of Carlsbad to provide fire service as required by Growth Management. Carlsbad Police Department's response time goal is to respond to all priority one calls within an average of 6 minutes. Priority one calls are those where there is an immediate threat to life or GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Quarry Creek December 21, 2009 Page 3 property. The police department has been able to consistently meet this goal and does not anticipate that additional incremental development will affect their ability to meet this goal. Carlsbad Police Department is the primary law enforcement agency for all of Carlsbad; neighboring law enforcement agencies do not respond to police calls for service in Carlsbad except in very unusual circumstances such as an officer down; development in Carlsbad along city borders will not create a police service impact for other jurisdictions. Sincerely, SCOTT DONNELL Senior Planner City of Carlsbad Planning Department December 21, 2009 Russ Cunningham 405 South Myers Street #3 Oceanside, CA 92054 SUBJECT: Your comments on GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Quarry Creek Dear Mr. Cunningham: Thank you for your November 14, 2009, comments regarding the City's proposed Housing Element, particularly as it regards the Quarry Creek site. Your comments express concern about the proposal to place high density housing at the site. In reply, city staff offers the following responses: 1. Quarry Creek is an appropriate location for potential smart growth. The SANDAG Smart Growth Concept Map identifies four smart growth opportunity areas in Carlsbad, all of which are proposed in the Draft Housing Element as sites for high density residential and/or mixed use development. One of these opportunity areas is Quarry Creek. Contrary to your comment, Quarry Creek was identified for smart growth planning because it is in a developed area and proximate to major transportation corridors, planned transit facilities, job centers, and public facilities and amenities. Among the major attributes in Quarry Creek's vicinity are Mira Costa College, Tri-City Hospital, and Calavera Hills schools. Further, Quarry Creek is identified on SANDAG's Smart Growth Concept Map as a potential smart growth site only. While recognized it does not meet the criteria today, its development potential, location, and proximity to employment centers and existing and planned transit services, for example, suggest it is a good candidate to meet SANDAG's smart growth criteria in the future. However, even if Quarry Creek ultimately does not satisfy smart growth criteria, it is still suitably located to help meet the City's high density housing needs. Apart from smart growth, Quarry Creek complies with the City's General Plan policies (Land Use Element policies C.2, C.4, C.5, C.7, C.8, and C.10) guiding the location of high density housing. Your comment also suggests that development at Quarry Creek will compromise "...one of the last vestiges of open space and wildlife habitat in coastal North County..." While the 100-acre Quarry Creek is nexf to a significant open space parcel (the 134-acre Sherman property), it is itself nearly 50 percent disturbed by past mining. Secondly, more than 50 percent of Quarry Creek is already General Plan designated for residential development and the entire site is zoned for either residential or industrial uses. The balance of the site is General Plan designated for open space. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Quarry Creek December 21, 2009 Page 2 Lastly, considerable open space exists in other parts of Carlsbad, exceeding in size those open space parcels in the Quarry Creek vicinity. To name a few: The 262-acre city-owned Lake Calavera preserve; California Department of Fish and Game managed properties near Lake Calavera, Agua Hedionda, Batiquitos, and Buena Vista lagoons; and, the several hundred acre preserve around Box Canyon in the La Costa area. In fact, at buildout, Carlsbad anticipates approximately 40 percent of the City will be set aside as permanent open space. 2. Buena Creek is a protected natural resource. Carlsbad's General Plan and Habitat Management Plan protect Buena Creek as either open space or hardline preserve area. Moreover, it is anticipated that Buena Creek in its current disturbed condition will be enhanced and widened through mandatory reclamation of the Quarry Creek site. Planning for the reclamation is well underway. 3. High density housing sites, whether existing or proposed by the Housing Element, are scattered throughout Carlsbad. The attached map illustrates that high density housing locations exist and are planned not just along the City's border, but also in its interior as well. Such housing is proposed or already built in interior locations you identify, such as Carlsbad Village and Palomar Airport Road corridor, and other core places as well, such as the Poinsettia Transit Station and El Camino Real corridor south of Palomar Airport Road. Also, the map reveals affordable housing has been built throughout all portions of the City. 4. Carlsbad encourages high density housing in its urbanized areas. Bordered on three sides by Highway 78, College Boulevard, housing, and a shopping center and car dealership, Quarry Creek is in an urbanized area. As a former hard quarry that operated for decades, it has been greatly impacted by mining operations such that nearly one-half the property has been disturbed. Proposed Housing Element programs target other urbanized areas as well, including underutilized properties and the well-established Barrio and Village areas. Commercial areas throughout Carlsbad also are proposed to help accommodate growth projections established by the Regional Housing Needs Assessment (RHNA). These areas are identified on the attached map. Finally, as required by state law, the City already permits second dwelling units in all residential zones, and in fact anticipates their construction to help meet RHNA needs. Sincerely, SCOTT DONNELL Senior Planner City of Carlsbad Planning Department December 21, 2009 Ann Hallock PO Box 4503 Carlsbad, CA 92018 SUBJECT: YOUR COMMENTS ON GPA 03-02 - CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT & QUARRY CREEK Dear Ms. Hallock: Thank you for your November 1, 2009, letter addressed to the City's Planning Commissioners and regarding the City's proposed Housing Element, particularly as it relates to soil and groundwater contamination at the Quarry Creek site. City staff's responses to your letter are as follows. 1. Labeling Quarry Creek as a location for low-income'housing is a mischaracterization. Your letter describes Quarry Creek as the location for a "low-income housing project." Actually, city staff has identified the site as an appropriate location for not only high density (at 20 units/acre) but also medium high density housing (at 12 units/acre). The state Department of Housing and Community Development has determined that homes built at these densities could be affordable to families with low and moderate incomes, respectively. However, construction at these densities does not necessarily mean homes will be affordable to these income groups. Most often, in Carlsbad, affordability is enabled through financial assistance, such as from the City's Affordable Housing Trust Fund, and through the City's housing requirements, such as the Inclusionary Housing Ordinance. It is likely that the majority of any housing constructed at Quarry Creek will be "market-rate" units and only a percentage of the homes built, because of the City's inclusionary requirements, will be truly affordable to families with lower incomes. 2. Quarry Creek is an appropriate site for high density housing. The site's suitability has been thoroughly documented in the November 18, 2009, Planning Commission staff report (and attachments) on the proposed Housing Element. Among other reasons, Quarry Creek complies with General Plan Land Use Element location criteria for siting high density housing. 3. Housing Elements need only provide a brief description of a site's environmental constraints. Per state Government Code 65583.2(b), a city need only provide a general description of any environmental constraints to the development of residential projects. In fact, state law indicates this description need not be on a site-specific basis. Nevertheless, Section 4 of the proposed Housing Element does provide a general environmental account of Quarry Creek and other identified housing sites. These descriptions for the different sites are adequate. Subject to City 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 03-02 - CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT & QUARRY CREEK December 21, 2009 Page2 Council approval, the Quarry Creek description will be amended to note remediation of groundwater that is also occurring there. 4. Remediation of soil and groundwater contamination at Quarry Creek is occurring satisfactorily. City staff is aware that remediation is occurring in a manner satisfactory to the County Department of Environmental Health. It is also understood that other sites in Carlsbad on which homes may be built may have contamination issues as well. Accordingly, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the proposed Housing Element contain mitigation measures to ensure any potential contamination is properly addressed and mitigated. Your letter provides substantial information about contamination and remediation specifically at Quarry Creek. As it might be of interest to you, staff has attached a relevant November 17, 2009, letter from Hanson Aggregates, owner of Quarry Creek. Sincerely, SCOTT DONNELL Senior Planner Hanson November 17, 2009 HEIDELBERGCEMENTGI-OUP Hanson Aggregates Carlsbad Operations Members of the Planning Commission 3701 H°ymar Drive Attn: Scott Donnell, Senior Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Regarding: Housing Element Public Hearing I prepared this letter as I can not attend the November 18 hearing scheduled to discuss the Housing Element of the City of Carlsbad. I attended a past hearing in order to clarify several points related to property identified in the proposed Housing Element, which currently is owned by Hanson Aggregates and is in the early stages of site reclamation. As I have explained in the past, Hanson does not have a position about designation of this property relative to the city's Housing Element, as Hanson will not be involved in post- reclamation development of the site. Also, as reiterated in the past, reclamation is being conducted to leave the property in a physical state that is consistent with the general plan and zoning designations of the cities with jurisdiction over those sites. Any future use of the property will depend on the plans submitted by the property owner and subject to permitting requirements.. In light of some of the recent questions and comments, I prepared these comments about the remediation program: o Several aspects of the property are under the jurisdiction and rely on the expertise of specific agencies. In the case of the remediation of soils and groundwater from leakage of fuel storage tanks, all those activities have been managed by the county's Department of Environmental Health and the Regional Water Quality Control Board since discovery of the leakage in 1997. Those agencies set the parameters for the remediation program and will establish standards to be achieved for closure of the project. o The background, monitoring results, authorizing documentation and other details of that regulatory management are public information and can be found on the Geotracker system of the state Regional Water Quality Control Board (http://geotracker.swrcb.ca.gov/). A review of that information shows steady improvement in the levels of fuel impacts, and direction to completion of the project. For example that documentation reports: • Of the soils being monitored and subject to agency direction, 16,000 cubic yards now show no reported concentrations of chemicals of concern and so may be used on the site without restrictions. • The remaining 13,500 cubic yards continue to exhibit some low concentrations of chemicals of concern. Anticipating the start of reclamation, procedures have been identified to either allow that soil to be used subject to the strict provisions of Order R9- 2003-0342 or removed to an approved disposal location. If the soil is allowed to be used on site, agencies will impose requirements such as specified separation from groundwater, placement at least 100 feet from the nearest surface water and protection against 100-year peak stream flows. The soil would not be allowed to be placed under City of Carlsbad Planning Commission - Housing Element - 11 -17-09 - 2 residential properties and if used on site would need to meet agency specifications for placement. Any use of these materials in site grading will be included in details provided to the City of Carlsbad in conjunction with grading permit procedures. • Installation of the groundwater remediation system was completed in August 2006. The system has been in full operation for approximately 450 days during that time and has delivered more than 900 pounds of ozone into the saturated zone. By removing the fuel source soils and conducting the ozone sparging, there has been a significant reduction in the mass of chemicals of concern in the saturated zone. • In early 2009 a screening-level human-health risk assessment showed no significant human health risk from the current level of groundwater concentrations of benzene and MTBE to people on the surface. As is common in conducting human health risk assessments, hypothetical land use "scenarios" are employed to help determine levels of potential future risk. A residential scenario was used for the screening process since it is the most conservative (protective) risk assessment assumption. This human health information will be incorporated into the fuel remediation closure plan. • Buena Vista Creek was sampled in 2008, and laboratory results included in the July 21, 2009 report to the Regional Board indicate no release of hydrocarbons to the Creek related to site groundwater. To be clear, before the site can be used for other purposes, a formal Corrective Action Plan (CAP) with human-health risk assessment must be submitted to and approved by the agencies. The CAP will present results of the interim remedial measures to date, including the source area excavation, groundwater remediation, and stockpiled soil characterization and re-use decisions. This final remedial strategy for the site will be implemented when the current pilot study phase is completed. As documented on Geotracker, Regional Water Quality Control Board officials recently have extended the periods for monitoring reports as those results have demonstrated significant decreases in fuel impacts and stability. Thank you for your interest in our site. We appreciate the time and effort you made to become informed on the facts about the successful program we have conducted to remediate fuel impacts using passive technologies. Sincerely, Bill Berger Vice President Operations - Retired Land Use Management Consultant 925-785-0056 Gity of Carlsbad Planning Department December 22, 2009 Ann Hallock PO Box 4503 Carlsbad, CA 92018 SUBJECT: YOUR DECEMBER 2009 COMMENTS TO GPA 03-02 - CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT & QUARRY CREEK Dear Ms. Hallock: Thank you for your December 10, 2009, letter addressed to the City of Carlsbad Council members regarding the City's proposed Housing Element, particularly as it relates to soil and groundwater contamination at the Quarry Creek site. Staff has reviewed the letter and finds that it is essentially the same as the November 1, 2009, letter you submitted to the City's Planning Commission for consideration at the Commission's November 18, 2009, meeting. Staff notes an additional attachment was included on a development plan for a portion of Costa Mesa; however, there was no discussion on this attachment in the letter. On December 21, 2009, staff provided a written response to your November 1 letter to the Planning Commission. Please use that letter to also serve as a response to your December 10 correspondence. Sincerely, SCOTT DONNELL Senior Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us OW City of Carlsbad Planning Department December 22, 2009 Everett L Delano III 220 W. Grand Avenue Escondido, CA 92025 SUBJECT: Your comments on GPA 03-02 - City of Carlsbad 2005-2010 Housing Element & Mitigated Negative Declaration Dear Mr. Delano: Thank you for your December 21, 2009, comments regarding the City's proposed Housing Element, and the related Mitigated Negative Declaration. In reply, city staff offers the following responses: 1. The proposed Housing Element is consistent with the other elements of the General Plan. Your letter states, "As the draft Housing Element acknowledges, the proposal would result in inconsistencies with the Land Use Element and other elements. The Project will also result in inconsistencies with existing zoning." However, your letter does not identify what these inconsistencies are. Conversely, the November 18, 2009, Planning Commission staff report and Planning Commission Resolution 6548 provide evidence that and identify how the proposed Element is consistent with applicable General Plan Elements. Resolution 6548 approved by the Planning Commission on November 18, 2009, recommends adoption of General Plan Amendment GPA 03-02 and thus approval of the proposed Housing Element. Furthermore, while the proposed Element does acknowledge General Plan and zoning changes are necessary to implement proposed Housing Element programs, it does not identify any inconsistencies. 2. The Mitigated Negative Declaration is adequate for purposes of analyzing potential environmental impacts associated with approving the proposed Housing Element. The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Approval of the General Plan Amendment for the Housing Element establishes the framework for future housing actions rather than approval or construction of housing or approval of any land use or zoning changes. Housing Element approval will also not amend any policy or standard the City has adopted for the purpose of avoiding or mitigating an environmental impact. However, it is recognized that housing facilitated by the Draft Housing Element could have a potentially significant effect on the environment. Accordingly, staff prepared and circulated for public review a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us GPA 03-02-2005-2010 HOUSING ELEMENT AND MITIGATED NEGATIVE DECLARATION December 22, 2009 Page 2 Program (MMRP). Mitigation measures are included to reduce identified potential significant impacts to a less than significant level for housing facilitated by the Draft Housing Element. Furthermore, your letter contends "...the MND claims that the Project [the proposed Housing Element] will not result in significant impacts because future approvals will be considered." Actually, the MND and the MMRP do not defer analysis or mitigation; instead, both set forth an examination and mitigation plan that "stands-alone" in its sufficiency to address potential impacts related to the proposed Housing Element and without reliance on a future project. What the MND does state regarding future projects is the following: In the attached Mitigation Monitoring and Reporting Program (MMRP), mitigation measures are included to reduce identified potential significant impacts to a less than significant level for housing facilitated by the Draft Housing Element. However, these mitigation measures will not be applied to the approved city and private proposal projects discussed above that have already undergone environmental review. At a minimum, projects still pending completion of environmental review will comply with all applicable mitigation measures identified in the MMRP and/or they will comply with equal or better mitigation measures specifically developed as each project progresses. (MND Section I, Project Description, page 9) 3. The Mitigated Negative Declaration adequately analyzes the different potential environmental impacts. In your letter, you state that the proposed Housing Element is likely to lead to impacts in a variety of topic areas, including land use and aesthetics, traffic and transportation, air quality, water, population, noise, and construction. However, for many of these topic areas, the letter fails to provide evidence to support this statement. The MND and MMRP contain thorough and adequate discussion and analysis for all environmental factors (i.e., air quality, hydrology, land use, etc.) listed on the Environmental Impact Assessment Form and identify mitigation measures as necessary. Moreover, contrary to the letter, the MND does describe existing air quality conditions and does provide an analysis of water supply availability. With regards to the adequacy of water supply, staff refers you to the information provided in the minor text changes to the proposed Housing Element, attached to approved Resolution 6548; and the staff response to the June 26, 2009 comments by Preserve Calavera on the MND (see page 13 in the section on "Utilities and Service Systems; the response is an attachment to the November 18, 2009 Planning Commission staff report). Finally, response number 2 above demonstrates the MND does provide analysis of "...future development that foreseeably will occur if the City approves the Project." 4. Environmental impacts associated with the Bridges at Aviara (Pontebello) proposal must be considered before the City makes a decision on the proposal. Staff concurs with this position. The MND recognizes that private projects such as the Bridges at Aviara are undergoing separate environmental review; that is acknowledged in response number 2. GPA 03-02 -2005-2010 HOUSING ELEMENT AND MITIGATED NEGATIVE DECLARATION December 22, 2009 Page 3 Furthermore, the MND contains extensive discussion on potential biological impacts that may result from housing facilitated by proposed Housing Element programs and acknowledges these potential impacts need to be addressed as part of a project's review process. 5. The Mitigated Negative , Declaration provides comprehensive, rather than piecemeal, environmental review. City staff approached preparation of the MND from a programmatic standpoint. See response number 2 for additional information. 6. The proposed Housing Element does not approve any housing project, including Bridges at Aviara. The proposed Housing Element references the Bridges project; its affordable housing- component helps Carlsbad meet it Regional Housing Needs Assessment. However, approval of the proposed Housing Element does not result in approval of the Bridges project or any aspect of it. 7. Revisions proposed to the Mitigated Negative Declaration and proposed Housing Element are minor. Approved Planning Commission Resolution 6547 notes that the revisions are consistent with California Environmental Quality Act Sectionl5073.5(c)(4) and that they do not require recirculation of the MND as the revisions result in only insignificant modifications to the Draft Housing Element and the MND. Further, about the revisions, approved Resolution 6548 states, "these minor revisions, which maintain the City's ability to meet its RHNA obligations for lower income housing, also maintain project consistency with the General Plan, Growth Management Program, Local Coastal Program, and State Housing Element law." 8. Findings are supported by substantial evidence. Your letter states, "The proposed findings for the Project, while numerous, are not supported by substantial evidence." However, the letter does not identify the findings in question. Nevertheless, as identified in approved Planning Commission resolutions 6547 and 6548, findings and supporting evidence to approve the proposed Housing Element and adopt the Mitigated Negative Declaration, respectively, can be made. Sincerely, SCOTT DONNELL Senior Planner Kira Lin berg From: Jim Lumm [jlumm@lbcivil.com] All Receive - Agenda Item # J5 Sent: Monday, December 21 , 2009 1 :28 PM For Information of To: Council Internet Email; Manager Internet Email THE CJJY COUNCIL Subject: Las Encinas Creek Bridge Replacement CM_J^CA t-^CC Attachments: Letters.pdf From CWlsst. CM -To the Honorable Mayor, City Council & City Manager: ^ K^* *" <j LB Civil Construction was the low bidder on the Las Encinas Creek Bridge Replacement Project on December 1 2009. While we believe we are fully qualified to perform the project, it was decided that the project will be awarded to the 2"" Low Bidder. The details of the decision are documented per the attached letters. We are very disappointed with the City's decision on this matter. Regards, Jim Lumm L.B. Civil Construction, Inc. 1 0650 Treena Street, Suite 212 San Diego, CA 921 31 (858) 578-LBCC (5222) / 11umrn@lbcivil.com / PCL Civil Constructors. Inc. Tempe. AZ November 1989-Mav 1998 Prior to Archer Western, Mr. Lumm was the project manager for a $7 million river diversion project for the Sweetwater Authority, which included 2 miles of 48" gravity flow pipe line, major earthwork and concrete structures. Prior to his role as Project Manager, Mr. Lumm was the Project Engineer for several projects. These projects include a $6 million sewer line project for the City of San Diego MWWD. This project was a combination of the installation of water and sewer lines in environmentally sensitive tidal lagoons and in active roadways. The project includes features such as tight sheet shoring to 25-foot depths and jacked pipe crossings. Mr. Lumm was also Project Engineer and Superintendent for the construction of a $6 million trapezoidal concrete lined canal for the Bureau of Reclamation. The construction of the 4-mile canal included major earthwork, drainage pipe, concrete- lined canal, and numerous reinforced concrete structures. This project was completed for the Navajo Indian Tribe and utilized Native Americans for the work force. Other projects that Mr. Lumm completed as the Project Engineer include a $4 million 42" Gravity Irrigation Pipe Line in Cortez, Colorado for the Bureau of Reclamation, a $6 million 42" and 66" Potable Water Line for the Central Arizona Project in Tucson, Arizona and a $13 million Roller Compacted Concrete diversion project in Santa Paula, California. As Project Engineer on these projects, Mr. Lumm was responsible for the project scheduling (Primavera), cost reporting, submittals, change order estimating, negotiating, and implementation, material procurement, subcontracts, and Owner relations. C&F Equipment Co. Phoenix. AZ 1987-1989 Field Engineer and Estimator for a small family owned grading and paving company. Duties included quantity take- off and estimating of earthwork and paving projects as well as project engineering and supervision on active projects. PERSONAL Married 20 years with 3 children. Enjoy outdoor activities including golf, softball, and bicycling. Excellent health and a non-smoker. REFERENCES Available upon request Federal Boulevard Improvements San Diego, CA Close Imperial Ave. Ramps/36th Street Bridge San Diego, CA Espoia Road Improvements Poway, CA Low Flow Diversion Project Spring Valley, CA Carmel Valley & Sorrento Valley Road Pipelines San Diego, CA City of San Diego Caltrans City of Poway Sweetwater Authority City of San Diego MWWD 2001 2001 1999 1997 1996 $3.5 .$6.7 $1.2 $7.0 $6.1 (858) 653-6433 Mak Daoud City of San Diego (858) 627-3278 Angel Morales Caltrans (619)667-2105 Bud Oliveira 3ity of Poway (858) 679-4225 Sweetwater Authority Scott Tulloch ^ity of San Dieqo Dec-03-2009 01:38 PM City of Carlsbad 760-602-8562 1/2 City of Carlsbad Public Works - Contract Administration TRANSMITTED VIA FAX December 3, 2009 JAMES-LUMM, PRESIDENT LB CIVIL CONSTRUCTION, INC. 10650 Treena Street, #212 San Diego, California 92131 RE: LAS ENCINAS CREEK BRIDGE CITY OF CARLSBAD PROJECT NO. 3919 Dear Mr. Lumm: The Crty of Carlsbad opened bids for the above referenced project on December 1, 2009. Your company submitted the required "Bidder's Qualification Statement," (hereafter "Statement") Page 21 of the Notice Inviting Bids, a copy of which is attached. In our review of your bid materials, the City has been unable to confirm with the Olivenhain Municipal Water District the information submitted in your Statement listing LB Civil Construction, Inc. as the prime contractor for this project. By this letter, the City of Carlsbad requests you provide written confirmation of the information contained in your Statement to be received by the City at the below address no later than 5:00 pm, Monday, December 7, 2009. An example of acceptable written confirmation would be a copy of the executed contract between LB Civil Construction, Inc. and the Oliverhain Municipal Water Disirict for this project or some other written document(s) confirming the information contained in your Statement. Failure to submit the requested written document(s) by the designated date and time may cause the City .to determine your bid non-responsive. If you have any questions, please contact me at 760-602-2466. (EVIN L. DAVIS Sr. Contract Administrator C:Ronald Kemp, Deputy City Attorney John Cahill, Municipal Projects Manager 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (760) 602-4677 » FAX f760) 602-856S DEC-03-2009 13:28 760 602 8562 P.01 .a '-*!• California Department of Housing and Community Development Microsoft Internet Explorer provided by Carlsbad City Libiary Fte Edit View Favorites Tools Help tirte s£j local Libraries £j Databases 'Jl&wgte jjj Library Catalog. jg\ Vahoo ••-----—-•-=^-~-—--— — •- -ps— - ~ - — - - y;£" Sbp (.0: Content i Easts! i Accessibility Department of GOV Housing and Community Development ° ^^^*^^^^^^*^ IwiiWelcome to the Department of Housing and Community Development Sites Inventory/Analysis Government Code Section 65583(a)(3) requires tocal governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential far redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period Inventory of Land Suitable for Residential Development The land inventory must identify specific sites suitable for the development of housing within the planning period and that are sufficient to accommodate the jurisdictions share of the regional housing need for all income levels Land suitable far residential development includes vacant sites zoned for residential use, vacant sites zoned for nonresidential use that allow residential development, underutilized residential skes capable of being developed at a higher density, and sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use. learn more. Analysis of Sites and Zmmig _ To analyze the suitability of identified sites, the element must include an estimate of realistic capacity, demonstrate zoning and densities which encourage and facilitate the development of housing for lower-income households, and demonstrate non-vacant sites identified to accommodate the jurisdictions' regional housing need can be realistically deveioped within the planning period. The analysis must also analyze the suitability of the sites relative to environmental conditions or issues, and include a general description of the public infrastructure necessary to serve housing development. Issrn more. tor es Fw: RE: Hanson Aggregates "ann hallock" <annhhallock@yahoo.com> View contact details "Ann Hallock" <annhhallock@yahoo.com> 1 File (26KB) Wednesday, May 27, 2009 10:09 AM From: To: Message contains attachments reply to Hallock.doc — On Mon, 4/13/09, Vernetti, Mike <Mike.Vernetti@sdcounty.ca.gov> wrote: From: Vernetti, Mike <Mike.Vernetti@sdcounty.ca.gov> Subject: RE: Hanson Aggregates To: "ann hallock" <annhhallock@yahoo.com> Date: Monday, April 13, 2009,6:28 AM Dear Ms. Hallock, I am truly sorry that I have not responded to you earlier, but I have been very busy with staffing and budget issues. I have attached my reply. Have a great day. Mike Vernetti Dear Ms. Hallock: The following responses are in reply to the concerns stated in your email of March 27,2009: Response: As previously stated, a Corrective Action Plan must first be submitted to DEH/S AM for review (please note that the previous CAP submittal was premature and never approved by DEH). Following the 30-day public review period for the CAP, DEH/S AM would issue a concurrence letter for implementation of the CAP workplan. Because the site assessment is still in progress, as well as the interim remedial action, the date a CAP will be submitted is not known; therefore, we cannot speculate as to when case closure will occur. Also, please note that because DEH/S AM only grants case closure when the consultant provides a scientifically-defensible report stating that the site presents no public health risk for its current use. Human health risk for the site would potentially have to be re-evaluated if site use were to change from commercial/industrial to residential. Response: Evaluation of soil vapor risk requires that the locations and dimensions of the structures overlying impacted soil and groundwater be known, as well as the type and condition of the foundation slabs. Also, the number of air exchanges per hour for a given structure has to be known or estimated. Thus, until the housing units are actually built, soil vapor risk to future occupants cannot be evaluated. Tania M Azar 6627 Fiona Place Carlsbad, Ca 92011 December 22,2009 Dear Mayor and City Council members: By this time you have already received the attached letter from Friends of Aviara. We have been residents of Aviara for almost 3 years. I have 1 son who attends AOE and another son who will attend in the next school year. We are deeply concerned about the environmental, traffic and transportation impacts. Already there are significant traffic issues and developments of this project will only double the hazards. Please do the right thing and vote NO on this project. Thank you for your consideration. Sincerely, Tania M Azar Paul and Kim Krebs 6682 Cabela Place Carlsbad, CA 92011 December 22, 2009 City of Carlsbad City Council Members 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Dear City Council: This letter is in regards to the development project known previously named "The Bridges", and now know as "Pontebello", that the City of Carlsbad is currently considering for the large open space area just north of Aviara Oaks School, on and over-looking Ambrosia Lane, which apparently includs another project to the east of Ambrosia off of Poinsettia and Conoso. The main project would provide 428 units of full-service senior housing. The secondary project off of Ambrosia would provide about 70 units of low-income senior housing. It is our understanding that these areas are currently zoned as low-medium density, and the City is currently considering a plan to rezone these areas to high density. We are vigorously opposed to the proposed "Housing Element" plan, any rezoning of this area, and the installation of 531 units, as all would have a negative impact on the lifestyle and home values throughout Aviara. As you know, Aviara was planned back in the mid 1990's with the appropriate due diligence taken to preserve the lagoon, the wildlife and the open space in the South Carlsbad area. Aviara has won many awards as a well-planned master community and has received national attention. We believe any attempt to rezone this large undeveloped area to the east of Ambrosia Lane, would have extremely negative consequences for all residents of this community, and reflect poorly on the City of Carlsbad and the Aviara reputation. Following are some issues that residents here are deeply concerned about: Rezoning: • This area should not be developed; this is beautiful open space that we feel should be preserved for future generations. • This area should not be rezoned—it's unfair for the City to re-characterize our neighborhood as "high density" 10 years after it was originally designed as low/medium density. This is essentially a shift from suburban to urban, which is not what was intended for this area. This also would require "spot zoning" or "spot planning" where a special exemption would be made in a currently zoned residential area. This is unfair and wrong to the current residents and homeowners in surrounding neighborhoods. • Any rezoning of this area would have a negative impact on our already declining property values. • Rezoning would introduce commercial activity and traffic to our residential streets. This specific area is unsuitable for a commercial development. • Current homeowners carefully studied the market and approved zoning before buying property in this neighborhood. Allowing a project of this size to install next to residential areas will in effect, allow developers to leverage profits far greater than they would be entitled to under the present zoning, and in effect take the value of established property rights and values from existing homeowners • If development must go into this area, we would much prefer to see single family homes on % acre lots, as presently zoned. • There is no guarantee that the developments would be left as senior dwellings in the future. The owner, or future owners, could easily change that in the future. • In short, the development options of these parcels should be constrained to match those of other developers who in good faith complied with the established zoning and environmental regulations when this area was originally planned and developed. Aesthetics: • The proposed plans and buildings are extremely out-of-character with the existing residential neighborhoods in design and size, as the proposed development would cause a dramatic transformation of the landscape with the addition of 11 three or four story buildings, with elevations above the current neighborhoods. • The current project design shows structures 15 feet from the street on Ambrosia. Other developments in the area have at least a 30 foot set-back, or more, and are well screened from the street by trees and shrubbery. • The development drawn for Ambrosia has an appearance similar to a Motel 6, with long corridors with doors like motel rooms, which does not match the aesthetic of our neighborhood. • If a project must be installed in this area, it should be required to have at least a 30-foot set-back from the street and be well screened by trees to alleviate noise and "sight pollution", and similar rooflines should be required. Community Services: • This high-density development would have an impact on the number of students at the already over crowded school, despite being dubbed "seniors". Many families use a relative's address to gain entrance to a desirable school district. • Local shopping centers and service areas cannot successfully absorb the increase brought about by a high density development. The Von's and Albertson's shopping areas are all but impossible to navigate safely by car and the retail spaces are packed and difficult use. The La Costa post office branch has a line of at least 10-12 people on any given day or time. Affordable Housing • We understand the need for affordable housing, but we feel it should be spread evenly throughout the City of Carlsbad, not condensed within one area. Ambrosia Lane already has a very high percentage of affordable housing within a 2 mile radius, and therefore no shortage creating an immediate need-24 units at The Traditions, 56 units at Cassia Heights, 180 units at La Costa Paloma, and 28 units at Vista Las Flores. We have therefore met our responsibility in this regard. Safety • This high-density development will cause numerous public safety issues and place current residents and children walking to and from school at risk. The building of this project will reduce the safety and movement of the children attending the Aviara Oaks schools which already experience problems with traffic, especially during the commute portion of the day and current movements of residents not picking up or dropping off children experience significant delays. • Adding commercial facilities will produce an increase in vehicular traffic by at least 400% over what current zoning would produce, inject arterial traffic into our neighborhoods, and clog streets that are already being used to capacity, especially during school hours and events. With 120-130 employees, residents, visitors, nurses, teachers, mini buses for transportation etc., this facility would increase traffic on our streets at all hours of the day and night. • The increase in traffic and individual density will create unbearable and unreasonable delays in the flow of traffic which currently appears to be at capacity. Ambrosia, an already "safety challenged street" will become an area jammed with traffic on a curving street with reduced safety. • Having a multi-housing development immediately adjacent to the school poses an enormous safety risk to the many children who walk to/from school on that street every day. There have already been car/pedestrian incidents on Ambrosia involving children. • The approximate 400% increase in traffic will interfere with the safe operation of the school, its students, traffic patterns and parking as well as transform residential Ambrosia into a thru-traffic arterial feeder street. • The increase in traffic will produce delays and impede access, especially emergency access to local and adjacent streets. Due to its size, the type of residents, and the number of buildings, this complex would reduce the level of acceptable emergency service, response times and other performance objectives for fire and emergency services. • These factors place an unjustifiable and additional burden and threat on all the current homeowners and families in the area. Environmental • A full environmental impact report on this proposed project must be completed, including the impact to wildlife in the open space, traffic, noise, etc., Furthermore, the EIR traffic study must be done during the school year to accurately reflect and include school traffic. • Drainage, water conservation and quality will all be impacted, and should be examined closely. With the spreading state of water emergency and the current water restrictions asking residents to reduce water consumption, it seems a contradiction that the City would even consider rezoning this area to "high density" which would undoubtedly increase water consumption by approximately 400% over the present zoning. The residents of the neighborhoods adjacent to this planned development are interested in protecting and enhancing the quality of life that the community has worked so hard to create. In summary, we do not believe that this proposed project will enhance our community, but instead it will not only be detrimental to the quality of life of current residents, but it will have a negative impact on our home values in an already struggling real estate market, and we are very much opposed to the City taking any action to allow this rezoning and subsequent development. We ask that the City Council not approve this Housing Element or The Bridges Development Project. Respectfully Submitted, Paul and Kim Krebs PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: December 12th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of NQZ!££ FNOTICE IS HEREBY HEARING your inteCouncio ng at the ounc namows, 1200 Carlsbadllage Drive, Carlsbad, California, at 6:00 p.m. onesday, December 22, 2009 to consider adoption of.Mitiated Ne IM t .^"UholioftrieC'ityI lie hearing, at the CouncS , , .i Mitigated Negative Declaration and approval of a(revisions to the General Plan Housing Element for the2005-2010 Housing Cycle as required by the Califor-nia Government Code. i, on November 18, 2009 the City of CarlsbadI Commission voted - r>n =^~•• ,.tf~«. If you challenge the General Plan Amendment incourt, you mavoe limBorf t« ro^i—. —'••*•---- • 010 HOUSING ELEMENT r 12, 2009 NCT 2240998 Dated at ESCONDIDO, California This 14th day of December, janeAllshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 22, 2009 to consider adoption of a Mitigated Negative Declaration and approval of a General Plan Amendment to adopt the update and revisions to the General Plan Housing Element for the 2005-2010 Housing Cycle as required by the California Government Code. Whereas, on November 18, 2009 the City of Carlsbad Planning Commission voted 5-2 to recommend adoption of a Mitigated Negative Declaration and recommend approval for a General Plan Amendment to adopt the update and revisions to the General Plan Housing Element for the 2005-2010 Housing Cycle as required by the California Government Code. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after December 18, 2009. If you have any questions, please contact Scott Donnell in the Planning Department at (760) 602- 4618 orscdtt.donnell@carisbadca.gov. If you challenge the General Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 03-02 CASE NAME: 2005-2010 HOUSING ELEMENT PUBLISH: December 12, 2009 CITY OF CARLSBAD CITY COUNCIL PALISADES POINT c/o Eugene Burger Management Corp. 5651 Palmer Way, SteD Carlsbad, CA 92008 IMPRESSIONS @ LA COSTA c/o Professional HOA Consultants 8181 Mission Gorge Rd, Ste F San Diego, CA 92120 FAIRWAYS @ LA COSTA c/o Curtis Management Company 4059 Oceanside Blvd, Ste M Oceanside, CA 92054 HARBOR POINTE c/o Curtis Management Company 4059 Oceanside Blvd, Ste M Oceanside, CA 92054 CALAVERA HILLS I c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste Suite A Carlsbad, CA 92010 RANCHO PONDEROSA c/o Curtis Management Company 4059 Oceanside Blvd., Ste M Oceanside, CA 92057 HILLSIDE PATIO HOMES ASSOCIATION c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste Suite A Carlsbad, CA 92010 LAGUNA TERRACE c/o Granite Asset Management 5142 Avenida Encinias /"-..-I.-U-..4 r-A cnnno CLIFFS OF CALAVERA c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 CARLSBAD SURFSIDE VILLAS c/o Full Circle Management P.O. Box 4669 Oceanside, CA 92052 CRYSTAL COVE c/o G. R. G. Management, Inc. 3088 Pio Pico Dr Carlsbad, CA 92008 JEREZ VILLAS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr. Carlsbad, CA 92008 CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITYOFOCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949VIEWRIDGEAV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CREST OF CALAVERA HILLS c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste A Carlsbad, CA 92010 KNOLLS OF CALAVERA HILLS c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste A Carlsbad, CA 92010 ROSALENA c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste A Carlsbad, CA 92010 TRAILS OF CALAVERA HILLS c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste A Carlsbad, CA 92010 SANDERLING @ AVIARA c/o Preferred Property Managers 8963 Complex Dr., Ste B San Diego, CA 92123 ARROYO VISTA c/o A. McKibbin & Co. 7040 Avenida Encinas, Ste B200 Carlsbad, CA 92024 AVIARA MASTER ASSOCIATION c/o A. McKibbin & Co. 7040 Avenida Encinas, Ste B200 Carlsbad, CA 92011 RANCH AT CARLSBAD c/o A. McKibbin & Co. 7040 Avenida Encinas, Ste B200 Carlsbad, CA 92011 SANTA FE RIDGE c/o A. McKibbin & Co. 7040 Avenida Encinas, Ste B200 Carlsbad, CA 92011 TIBURON CARLSBAD c/o A. McKibbin & Co. 7040 Avenida Encinas, Ste B200 Carlsbad, CA 92011 PACIFIC ESTATES c/o Cannon Management 2900 Adams St., Ste C200 Riverside, CA 92504 AZURE COVE @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla,CA 92037 BELLA LAGO c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 CANTATA I @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 ISLA MAR @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 MAR FIORE I @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 MAR FIORE II @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 MAR FIORE III @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 MAREA @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 PAVONA @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 SANDPIPER I @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 SANDPIPER II @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 SANDPIPER III @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 VIAGGIO @ AVIARA c/o A. McKibbin & Co. 7529 Draper Av, Ste D La Jolla, CA 92037 CANTATA II @ AVIARA c/o A. McKibbin & Co. 7530 Draper Av, Ste D La Jolla, CA 92037 CARINA @ AVIARA c/o A. McKibbin & Co. 7531 Draper Av, Ste D La Jolla, CA 92037 TREVIRA @ AVIARA c/o A. McKibbin & Co. 7531 Draper Av, Ste D La Jolla, CA 92037 BARRINGTON PLACE VILLAGE c/o Eugene Burger Management Corp. 5651 Palmer Way, Ste D Carlsbad, CA 92008 CORONA LA COSTA c/o Horizons 343 Richmar Ave San Marcos, CA 92069 LA COSTA MEADOWS c/o Eugene Burger Management Corp. 5651 Palmer Way, Ste D Carlsbad, CA 92008 COLONY AT CALAVERA HILLS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 FAIRWAY SOUTH c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 GRANADA VILLAS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 HILLGATE ESTATES c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 LAGUNA DE LAS PATOS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 LAS PLAYAS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 MARBRISA c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 ON THE PARK c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 ORLEANS EAST c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 PAVOREAL c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 SEABRIGHT CARLSBAD c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 TAMARACK POINT MASTER c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 VISTA PACIFICA c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 VISTA SAN MALO c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 VP/LP MASTER c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CANTAMAR c/o Mauzy Management, Inc. 43180 Business Park Dr, Ste 200 Temecula, CA 92590 COLINADE LA COSTA c/o Prescott Management 16880 West Bernardo Dr, Ste 200 San Diego, CA 92127 CHINQUAPIN TERRACE c/o Associated Professional Services 7007 Mission Gorge Rd, Ste 201 San Diego, CA 92196 LA COSTA VIEJA c/o Associated Professional Services 7007 Mission Gorge Rd, Ste 201 San Diego, CA 92196 SEASIDE ESTATES c/o Associated Professional Services 7007 Mission Gorge Rd, Ste 201 San Diego, CA 92196 CENTELLA MEADOWS c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 PACIFIC POINTE AT CARLSBAD c/o Property Management Consultant 330 Rancheros Dr, Ste 208 San Marcos, CA 92069 CASA LOMA TOWNHOMES c/o Property Management Consultant 330 Rancheros Dr, Ste 208 San Marcos, CA 92069 LUCIERNAGA TOWNHOMES c/o Property Management Consultant 330 Rancheros Dr, Ste 208 San Marcos, CA 92069 WINDSONG COVE c/o Pernicano Realty & Management Co. 2851 Camino del Rio S, Ste 230 San Diego, CA 92108 HANOVER BEACH COLONY c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 AVIARA PREMIER c/o Walters Management 9665 Cheaspeake Dr, Ste 300 San Diego, 92123 LA COSTA GREENS c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 VISTAMAR @ SAN PACIFICO c/o Walters Management 9665 Cheaspeake Dr, Ste 300 San Diego, CA 92123 BAY COLLECTION c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 v.t. LA COSTA OAKS c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 LA COSTA RIDGE c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 MULBERRY @ BRESSI RANCH c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 MYSTIC POINT c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 TARA LTD. c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92009 TERRACES @ SUNNY CREEK c/o Walters Management 1959 Palomar Oaks Wy, Ste 320 Carlsbad, CA 92011 LA COSTA RIVIERA c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 MAJORCA WEST c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 TAMARACK SHORES c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 BRISTOL COVE PROPERTY c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 BRISTOL ANCHORAGE c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 PACIFIC VIEW ESTATES c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 GOLFCREST c/o Pilot Property Management 2146 Enciitas Blvd., Ste 101A Encinitas, CA 92024 SEA POINT TENNIS CLUB c/o Lindsay Management Services, Inc. 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 PALOMAR OAKS BUSINESS CENTER c/o N. N. Jaeschke, Inc. 9610 Waples St. San Diego, CA 92121 SHORES @ CARLSBAD c/o Pilot Property Management 2146 Encinitas Blvd. Encinitas, CA 92024 CHESTNUT PLAZA c/o Premier Community Services 5661-A Palmer Way Carlsbad, CA 92010 LA COSTA DE MARBELLA c/o Premier Community Services 5661-A Palmer Way Carlsbad, CA 92010 VILLAGIO c/o Premier Community Services 5661-A Palmer Way Carlsbad, CA 92010 SOLAMAR c/o Solamar HOA 6532 Easy Street Carlsbad, CA 92011 BENECIA c/o The Prescott Companies 6250 Flying L C Ln Carlsbad, CA 92009 BENECIA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 BRASADO c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 CALIFIA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 CALIFIA SERENA c/o The Prescott Companies 6250 Flying L C Ln Carlsbad, CA 92009 CASCADA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 ESTANCIA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 HACIENDAS c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 MARA VILLA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 MONTEVINA c/o The Prescott Companies 6250 Flying L C Ln Carlsbad, CA 92009 PALMILLA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 PORTICO c/o The Prescott Companies 6250Flying LCLn Carlsbad, CA 92009 QUINTAN A c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 QUINTANAII c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 RANCHO CARRILLO MASTER ASSN c/o The Prescott Companies 6250Flying LCLn Carlsbad, CA 92009 TERRAVITA c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 THE ESTATES c/o The Prescott Companies 6250 Flying LCLn Carlsbad, CA 92009 BRESSI RANCH c/o Walters Management 6276 Arbor Rose Dr (Onsite) Carlsbad, CA 92009 PALISADES VIEW c/o 2208 Harmony Grove Rd Escondido, CA 92029 BRENTWOOD HEIGHTS c/o 339 N. Willowspring D Encinitas, CA 92024 COSTA PALMAS c/o 6643 Sitio Palmas Carlsbad, CA 92009 ALTA VERDE c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 CASITAS DE LA COSTA c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 SAND TRAP VILLAS c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 SILVERWOOD c/o 4 Points Management Agency 937 S. Coast Highway Encinitas, CA 92023 ST. TROPEZ WEST c/o Barbara McLain 2715 Carlsbad Blvd CCarlsbad, CA 92008 SAN PACIFICO c/o Bruner & Rosi Management, Inc. 5651 Palmer Way Carlsbad, CA 92010 OCEAN VILLAS c/o Dave Biggers 2490 Ocean St. Carlsbad, CA 92009 CAMINO HILLS c/o CHAM PS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 JOCKEY CLUB c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 PON DEROSA COUNTRY c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 RANCHO CARLSBAD c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 SEAVIEW CONDOS c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 TUCASA c/o CHAMPS/The Kelly Group 5731 Palmer Way Carlsbad, CA 92008 TRAMONTO c/o Equity Management 42430 Winchester Rd. Temecula, CA 92590 TRAMONTO c/o Equity Management 42430 Winchester Rd. Temecula, CA 92590 OLIVE POINT c/o Full Circle Management P.O. Box4699 Oceanside, CA 92052 2500 NAVARRA c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 BLUE LAGOON c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 MARINERS POINT c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 POINSETTIACOVE c/o Granite Asset Management 5142 Avenida Encinas Carlsbad, CA 92008 CARLSBAD BEACH ESTATES c/o Merit Property Management, Inc. P.O. Box4177 Carlsbad, CA 92018 CASA LAGUNA MAINTENANCE CO. c/o Merit Property Management, Inc. P. O. Box 4177 Carlsbad, CA 92018 EAGLE CANYON @ EVANS PT c/o N. N. Jaeschke, Inc 9610 WaplesSt. San Diego, CA 92121 BRINDISI @ AVIARA c/o N. N. Jaeschke, Inc 9610 WaplesSt. San Diego, CA 92121 CRISTALLA c/o N. N. Jaeschke, Inc 9610 Waples St. San Diego, CA 92121 SADDLE RIDGE c/o N. N. Jaeschke, Inc 9610 Waples St. San Diego, CA 92121 POINSETTIA HEIGHTS c/o N. N. Jaeschke, Inc. 9610 Waples St. San Diego, CA 92121 PACIFIC BLUFF TOWNHOMES c/o Premier Community Services 5661-A Palmer Way Carlsbad, CA 92010 CARLSBAD BEACH VILLAS c/o Pilot Property Management 2146 Encinitas Blvd., Ste 101A Encinitas, CA 92024 SALTAIRE AT CARLSBAD c/o Pilot Property Management 2146 Encinitas Blvd., Ste 101A Encinitas, CA 92024 VILLA ROMERIA c/o Pilot Property Management 2146 Encinitas Blvd., Ste 101A Encinitas, CA 92024 ALBERTSONS c/o Hill Mangement Services 5855 E. Naples Plaza, Ste 111/113 Long Beach, CA 90803 ALTAMIRA NO 1 c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 COVE POINT c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 ENCANTADA c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 EVANS POINT c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 FLAVE LA COSTA c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 GREENVIEW HOA c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 SUNSET PLACE c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 TELESCOPE POINT c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 TIFFANY PLACE c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 VILLAS OF CALAVERA HILLS c/o Lindsay Management Services 7720 El Camino Real, Ste 2A Carlsbad, CA 92009 AVOCET @ AVIARA c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 92009 LA COSTA MEADOWRIDGE c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 92009 LAS CASITAS TERRAZA c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 92009 SANTA FE TRAILS c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 92009 VIADANA c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 92009 WATERS END c/o Asociation Management Group 2131 Las Palmas, Ste A Carlsbad, CA 32011 CALAVERA HILLS MASTER ASSN c/o Bruner & Rosi Management, Inc. 5651 Palmer Way, Ste A Carlsbad, CA 92010 NATURE'S LIQUIDS 6965 EL CAMINO REAL, STE. 105- 635 CARLSBAD CA 92009 LITHOGRPHIX 6200 YARROW DR CARLSBAD CA 92009 MV TECH SALES LLC 1969 KELLOG AVE CARLSBAD CA 92008 STANDARD PACIFIC HOMES SAN DIEGO 26 TECHNOLOGY DR. IRVINE CA 92618 MIRCOPROBE INC 2281 LAS PALMAS DR CARLSBAD CA 92009 MOCRO STAR SOFTWARE 2245 CAMINO VIDA ROBLE #100 CARLSBAD CA 92009 THE 3E COMPANY 1905 ASTON AVE #100 CARLSBAD CA 92008 MODERN POSTCARD 1675 FARADAY AVE CARLSBAD CA 92008 NTN COMMUNICATIONS BUZZTIME/LEARNSTAR 5966 LA PLACE CT# 100 CARLSBAD CA 92008 TOYOTA CARLSBAD 5424 PASEO DEL NORTE CARLSBAD CA 92008-4496 HOFMAN PLANNING ASSOC 3152LIONSHEADAVE. CARLSBAD, CA 92010 PROCOPIO CORY HARGREAVES & SAVITCH LLP 1917 PALOMAR OAKS WAY #300 CARLSBAD CA 92008 UPPER DECK 5909 SEA OTTER PL CARLSBAD CA 92008 SMAC 5807 VAN ALLEN WAY CARLSBAD CA 92008 SAN DIEGO UNION TRIBUNE 5130 AVENIDA ENCINAS CARLSBAD CA 92008 WASTE MANAGEMENT OF NORTH COUNTY 5960 EL CAMINO REAL CARLSBAD CA 92018-0947 ROCK STAR OF SAN DIEGO 2200 FARADAY AVE STE 200 CARLSBAD CA 92008 HALLMARK COMMUNITIES 572 VINEYARD RD. 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N. Jaeschke, Inc 9610 Waples St. San Diego, CA 92121 FOURTH LA COSTA c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 HESCON HEIGHTS c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 PROMENADE @ LA COSTA c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 TAMARACK SHORES II c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 THIRD LA COSTA c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 BELAZURE c/o Transcontinental Management 3355 Mission Ave, Ste 111 Oceanside, CA 92054 CARLSBAD CREST c/o The Prescott Companies 5966 La Place Ct, Ste 170 Carlsbad, CA 92008 MEADOW VILLAS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 AGUA HEDIONDA c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 ALDEATOWNHOMES c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 ALTAMIRANO2 c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 ALTAMIRAN04 c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 BAYSHORE c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 BUENA WOODS AND II c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CAPE @ CALAVERA HILLS c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CARLSBAD PARKSIDE c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CARLSBAD SHOREPOINTE c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CARLSBAD SHOREPOINTE "SURFPOINTE" c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 CHERRY TREE WALK c/o G. R. G. Management, Inc. 3088 Pio Pico Dr, Ste 200 Carlsbad, CA 92008 VIASAT INC 6155 ELCAMINOREAL CARLSBAD CA 92009 DAVIDSON BUILDERS 1302 CAMINO DEL MAR DEL MAR CA 92014 K HOVNANIAN 1500 S HAVEN AVE., STE 100 ONTARIO CA 91761 WESELOH CHEVROLET 5335 PASEO DEL NORTE CARLSBAD CA 92008-4339 ZIMMER DENTAL 1900 ASTON AVE CARLSBAD CA 92008 GREYSTONE HOMES 25 ENTERPRISE ALISO VIEJO, CA 92656 THE COAST NEWS P.O. BOX 232550 ENCINiTAS, CA 92023-2550 JOHN LAING HOMES 19520 JAMBOREE RD.. STE. 500 IRVINE, CA 92612 SHEA HOMES 9990 MESA RIM RD. 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