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Home My WebLink About2011-12-06; City Council; 20751; AGUA HEDIONDA SEWER LIFT STATIONCITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 14 AB# MTG. DEPT. . 20,751 _ 12/6/11 CED AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT POP 00-02(C)/SP 144(L)/RP 10-26/ HDP 10-05/HMP 10-03 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: 1. That the City Council hold a public hearing and: a. INTRODUCE Ordinance Nos. cs-167 and cs-168 . APPROVING Precise Development Plan Amendment PDP 00-02(C) and Specific Plan Amendment 144(L); b. ADOPT City Council Resolution No. 2011-276 ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and c. ADOPT City Council Resolution No. 2Q11-???APPROVING Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP 10-03. 2. That the Housing and Redevelopment Commission hold a public hearing and: a. ADOPT Housing and Redevelopment Commission Resolution No. 517 , ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and ADOPT Housing and Redevelopment Commission Resolution No.518 APPROVING Redevelopment Permit RP 10-26. ITEM EXPLANATION: On February 2, 2011, the Planning Commission voted 6-0 (Schumacher absent) to recommend and approve the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project as summarized in the table below and as described more fully in Exhibit 8. On March 8, 2011, the City Council and Housing and Redevelopment Commission held a public hearing to consider approval of the project and the adoption of the MND and MMRP (Exhibit 9). At that meeting, the Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., dated March 7, 2011 (Exhibit 3). Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff (Exhibit 11). The matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received between the March 8, 2011 City Council and Housing and Redevelopment Commission meeting and the continued meeting. DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew@carlsbadca.gov FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED *f DENIED CT CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 On April 26, 2011, the City Council and Housing and Redevelopment Commission resumed the public hearing to consider staff's response to previous testimony, and to receive and consider additional testimony (Attachment 10). At staff's request the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to complete further environmental analysis and to re-circulate the revised MND/MMRP if warranted. Since that time, staff has completed further environmental analysis and included clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 3) Noise, and 4) Mandatory Findings of Significance. Additional mitigation measures were added and the MND/MMRP document was re-circulated for a 30-day public review period. The Planning Director rescheduled the application for the October 5, 2011 Planning Commission meeting for a new hearing and a recommendation to the City Council and Housing and Redevelopment Commission. At that meeting, the following two speakers provided public testimony: 1) Ivan Mendelson, general manager of Toyota Carlsbad, had a concern regarding any proposed road closure on Avenida Encinas during construction; and 2) George Piantka, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC. Mr. Piantka expressed five concerns about the project. Staff's responses to both speakers are provided in the minutes to the October 5, 2011 Planning Commission meeting (Exhibit 12). At that meeting the Planning Commission voted 7-0 to recommend and approve the project as shown below. Project Applications Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Precise Development Plan POP 00-02(C) Specific Plan SP 144(L) Redevelopment Permit RP 10-26 Hillside Development Permit HDP 10-05 Habitat Management Plan Permit HMP 10-03 Coastal Development Permit CDP 10-17 Special Use Permit (Floodplain) SUP 10- 02 Planning Commission Action Recommend Adoption Recommend Approval Approve* To be reviewed - final at City Council X X X X X X X X To be reviewed- final at Housing and Redevelopment Commission X X X *Subject to the City Council and Housing and Redevelopment Commission approving the remaining actions The proposed project has not changed since the additional environmental review. The proposed project involves the installation of 12,380 linear feet of sewer pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, a mostly underground, sensitively designed sewer lift station (50 mgd capacity), and a modern, attractive sewer support bridge (140-foot weathered steel span). Improvements also include the replacement of 3-inch potable water line with a proposed 6- inch potable water line for fire flow and utility uses at the sewer lift station. A 12- inch recycled water line will be extended northerly from Cannon Road to the lagoon bridge that may be extended in the future to serve recycled water to the village area. The proposed sewer improvements are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Page 3 Lagoon to the regional Encina Wastewater Pollution Control Facility (EWPCF). The new line will be located primarily within and along the San Diego Northern Railroad (SDNR) right-of-way. The proposed improvements are necessary as a replacement for, or are in addition to, the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These existing facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. FISCAL IMPACT: Funding for the project has been appropriated in the Fiscal Year 2011-2012 Capital Improvement Program from fees collected in the Sewer Connection Fund. The total appropriation to date is $46,230,000 as shown in Table 1 below and is sufficient to cover all project costs as currently estimated. Table 1 PROJECT COST SUMMARY FOR THE AGUA HEDIONDA SEWER LIFT STATION AND V/C INTERCEPTOR SEWER REPLACEMENT PROJECT, REACHES VC11B - VC15 (CIP PROJECT NOS. 3492, 3886, AND 3949) Manhole Rehabilitation Contract (Completed - Actual Costs) Studies, Environmental Compliance and Design Activities (As of 9/30/2011) Remaining Environmental, Permitting and Design Services (Estimated) City Project Management and Miscellaneous Costs (Estimated) Subtotal of Costs (Through Design) Estimated Construction Phase Costs TOTAL ESTIMATED PROJECT COST TOTAL APPROPRIATIONS TO DATE ADDITIONAL APPROPRIATION REQUIRED $344,900 $3,491,660 $700,000 $80,000 $4,536,560 $41,600,000 $46,136,560 $46,230,000 $0 Sufficient funds are currently available for the completion of the project; however, certain costs related to easement acquisition and the relocation of SDG&E utilities remains undefined at this time. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within an existing 2002 ownership agreement and October 2011 project agreement between the two cities. The total project cost share between the two cities is approximately 65% for Vista and 35% for Carlsbad; however, the actual cost share varies with each reach of the sewer. Of the total amount appropriated, the project budget for planning and design phase services is $4,000,000. As agreed upon in the Project Agreement, Vista has made an initial payment to Carlsbad in the amount of $2,366,060 for work already performed. In addition, the Community Projects Director of Vista has received approval to budget an additional $3,169,350 for design phase services. Funding Status Total Project Budget : 3492, 3886, 3949 Expenditures to 11/15/2011 Payments Received from Vista Current amount owed from Vista $ $""" • *rs ^"§3 •*» i Total 46,230,000 3,844,89V &K.\ ^VK ^f^VT*" 64.6% Vista Share $ 29,851,930 ;„ , * ^ ' $ 2,482,748 $ (2,366,060) $ 116,688 35.4% Carlsbad Share $ 16,378,070 *"<$™3ss - i * •* mw^-'w^ " - * $ "Y, 362,^1 43 ^:« „ ^j^fcS1^"^^ »_ Page 4 Staff will invoice the City of Vista upon Council approval of the project agreement. Subsequent to the initial payment, Carlsbad will invoice Vista quarterly for their share of on-going expenses through the completion of the planning and design phase. The City of Vista will be seeking State Revolving Funds to pay for their portion of the remainder of project. Carlsbad's share of the project is funded from the Sewer Connection Fee Fund. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result, additional mitigation measures were added or amended from the previously circulated EIA Part 2 document and incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance. According to CEQA Section 15073.5(b)(1), if "a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance," then the document must be re-circulated. Therefore, the Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review and comment period (July 23, 2011 - August 22, 2011). Three comment letters were received and are included, along with staff's responses, as part of Planning Commission Resolution No. 6816, recommending adoption of MND/MMRP. EXHIBITS: 1. City Council Ordinance No cs-167 (POP 00-02(C)) 2. City Council Ordinance No. CS-IRS (SP 144(L)) 3. City Council Resolution No. 2011-276 (MND/MMRP) including comment and response to comment letters 4. City Council Resolution No. 2011-277 (HDP 10-05 & HMP 10-03) 5. Housing and Redevelopment Commission Resolution No. 517 (MND/MMRP) 6. Housing and Redevelopment Commission Resolution No. 518 (RP 10-26) 7. Location Map 8. Planning Commission Staff Report and meeting minutes, dated February 2, 2011 The remaining exhibits are on file in the Office of the City Clerk 9. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, excerpt of meeting minutes, Ordinances No. CS-121 & CS-122 and Resolutions No. 2011- 040, 2011-041, 496 and 497, dated March 8, 2011 10. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, meeting minutes and Resolutions No. 2011-080 & 501, dated April 26, 2011 11. E-mail correspondence between the City of Carlsbad staff and NRG staff 12. Planning Commission Staff Report and meeting minutes, dated October 5, 2011 13. Planning Commission Resolutions No. 6816 (MND/MMRP), 6817 (POP 00-02 (C)) strike- out/underline exhibit, 6818 (SP 144(L)), strike-out/underline exhibit, 6819 (RP 10-26), 6820 (CDP 10-17), 6821 (HDP 10-05), 6822 (SUP 10-02) and 6823 (HMP 10-03), dated October 5, 2011. 1 ORDINANCE NO. CS-167 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER 3 STATION PRECISE DEVELOPMENT PLAN POP 00-02 TO APPROVE THE SEWER LIFT STATION AND ASSOCIATED 4 PIPING (SLS) PROPOSED AT THE ENCINA POWER STATION (EPS), 4600 CARLSBAD BOULEVARD, IN LOCAL FACILITIES 5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE 5. 7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 8 REPLACEMENT PROJECT CASE NO.: POP 00-02(C) 9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 10 considered a request to approve an amendment to the Encina Power Station Precise Development Plan, POP 00-02, via application Precise Development Permit 00-02(C); and WHEREAS, the amendment is proposed to approve the SLS; and WHEREAS, changes proposed to the POP 00-02 makes only minor text and14 graphic changes to the Precise Development Plan document, which are shown in back-shaded strikethrough to indicate words to be deleted and in back-shaded underline to indicate words to16 be added; and WHEREAS, after procedures in accordance with requirements of law, the City lo Council has determined that the public interest indicates that said PDP 00-02(C) be approved; 20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning ~~ Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to 23 consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission 24 Resolution No. 6817, recommending approval of Precise Development Plan PDP 00-02(C); and 25 WHEREAS, the City Council did on the 6- day of December 2011, hold a dully noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, said application constitutes a request for a precise development plan 2g amendment consistent with Chapter 21.36 of the Municipal Code as shown and described in the 1 "Encina Power Station Precise Development Plan POP 00-02(C)" document, dated October 5, 2 2011 as Exhibit "X," and incorporated herein by reference and on file in the Planning 3 Department; and 4 WHEREAS, at said public hearing, upon hearing and considering all testimony 5 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 6 relating to the Precise Development Plan Amendment. 7 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as o follows: SECTION I: That the above recitations are true and correct. 9 SECTION II: That Precise Development Plan POP 00-02(C), dated October 5, 10 2011, on file in the Planning Department, and incorporated herein by reference, is approved. POP 00-02(C) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION III: That the findings and conditions of the Planning Commission in14 Planning Commission Resolution No. 6817 shall constitute the findings and conditions of the A *~s City Council.16 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be lo published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 22 Council on the 6- day of December 2011, and thereafter. 23 '" 24 "' 25 '" 26 '" 27 /" 28 -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -3- 7 PDF 00-02(BBC) Exhibit X-PDP 00-02(£C) September 7Qctober 5i 2011 Encina Power Station Precise Development Plan August 19, 2009Soptomb0r 7.2011 October 5.2011 PREPARED FORBY; City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 PROPERTY OWNER: Cabrillo Power ILLC 4600 Carlsbad Boulevard Carlsbad, California 92008 APPLICANTS: Cabrillo Power I LLC '1600 Carlsbad Boulevard Carlsbad, California 92008 Poseidon Resources (Channelside LLC) 501 West Broadway, Suite 2020 San Diogo, CA 92101 ORIGINAL POP 00-02 PREPARED BY: Hofman Planning and Engineering 3152 Lionshead Avenue-? Carlsbad, California 92010 (*Note: The amendments associated with POP 00-02(C) only are back-shaded. The amendments shown that are not back-shaded were previously adopted by the City Council, as POP 00-02(E) on October 11,2011 (CS 159). They are included here for informational purposes only. ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN TABLE OF CONTENTS I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT .......................... ......... ............... 8 B. ZONING ORDINANCE COMPLIANCE ................................................ 8 C. RELATIONSHIP TO SPECIFIC PLAN 144 ............................................. 9 D. ESTABLISHMENT OF BASELINE CONDITIONS .................................... 9 E. BUILDING PERMIT ISSUANCE FOR ALLOWED USES ........................... 10 II. PHYSICAL SETTING A. ESTABLISHMENT OF PDP PLANNING AREAS ................................... 10 B. EXISTING LAND USES AND CONDITIONS ....................................... 10 C. PROPOSED APPROVED CARLSBAD SEAWATER DESALINATION FACILITY .......... 13 €JX PROPOSED SEWER LIFT STATION (SLS)... .......... :................. ..... . SURROUNDING DEVELOPMENTS ........................... 14 III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS A. EIR & MNP / MITIGATION MONITORING & REPORTING PROGRAMS ..................................... 15 B. CITY OF CARLSBAD GENERAL PLAN .............................................. 16 C. SPECIFIC PLAN 144 (HL) .................................................................. 16 D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) ......... 17 E. LOCAL COASTAL PROGRAM COMPLIANCE ..................................... 17 F. GROWTH MANAGEMENT PROGRAM COMPLIANCE .......................... 18 G. COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD ............... 19 H. COASTAL RAIL TRAIL ....................................................................................... 19 I. HABITAT MANAGEMENT PLAN ..................................................... 20 J. DEVELOPMENT AGREEMENT-DESALINATION FACILITY ................... 20 K. REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION .................. 21 IV. DEVELOPMENT STANDARDS .............................................................. 22 V. PUBLIC IMPROVEMENTS A. PUBLIC IMPROVEMENTS OVERVIEW ................................................ 28 B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT .......................... 29 Encina Power Station Precise Development Plan - PDP 00-02(B6C) August 19.2009Soptombor 7.2011 October 5.2011 Hofman Planning and Engineering Page 2 VI. PROCEDURES AND AMENDMENTS A. CITY COUNCILPDP APPROVAL OP PDF 29 B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES 29 C. FORMAL AMENDMENTS TO APPROVED PDF 29 D.CONSISTENCY DETERMINATION WITH APPROVED POP 30 Encina Power Station Precise Development Plan - PDP 00-02(BEC) August 19.2009Soptember 7, 2011 October'5. 2011 Hofmtm Planning and Engineering Page 3 LIST OF EXHIBITS EXHIBIT 1: EXHIBIT 2: EXHIBIT 3: EXHIBIT 4: Boundary EXHIBIT 5: EXHIBIT 6: EXHIBIT 7: EXHIBIT 8: EXHIBIT 9: EXHIBIT 10: EXHIBIT 11: EXHIBIT 12: EXHIBIT 13: EXHIBIT 14: Regional Map Vicinity Map Caferillo Power Properties - Zoning Map Cabrillo Power Properties - General Plan Map / Local Coastal Program POP 00-02 and SP 144 Plan Boundaries/Public Dedications Cabrillo Power/SDG&E Ownership Map PDP Planning Areas Site Plan with Proposed FacilitieGCSDP and SLS PA 1 - Existing Conditions PA 2 - Existing Conditions PA 3 - Existing Conditions Before/After Desalination Plant: Aerial Photo Simulation Conceptual Photo Simulation of the SLS _SCCRP Boundary Encina Power Station Precise Development Plan - PDP 00-02(883) August 19. 20Q9Septemrjor 7, 2011October5. 2011 Hofman Planning and Engineering Page 4 APPENDIX ITEMS A: Encina Power Station/Specific Plan 144: Background History B: Desalination Plant: detailed exhibits and drawings (Revised per PDF 00-02(B)) C: Sewer Lift Station: detailed exhibits and drawings (Revised per PDP 00-02(0 C: CifyXpuncil Ordinance NS 779 D: Applicable Ordinances. Resolutions and Regulations D: Carlsbad Boulevard and North County Transit District Railroad right of way: Applicable Scenic Corridor Guideline Excerpts &—Housing and Redevelopment Commission Resolution 6635 approving RP 05 12 (A) with conditions ft—Mitigation Monitoring and Reporting Program as adopted by City Council Resolution 2006 156 C: Planning Department Policy No. 35 H: SP 1 <\ 1 (J) as adopted by City. Council Ordinance CS 057 £—City Council Ordinance GS 058, including Planning Commission Resolution No. 6632 approving PDP 00 02 (B) with conditions J: Cily Council Ordinance CS^ XXX. including Planning Commission Resolution No. XXX approving PDP 00 Q2(& Encina Power Station Precise Development Plan - PDP 00-02(666") August 19. lOOOSoptpmbor 7. 2011 October 5. 2011 Hofinnn Planning and Engineering Page 5 GLOSSARY OF TERMS AHL Cabrillo ccc-' CEQA City CRT CSDP EIR EPS EPSPDP EWPCF Lagoon LCP LFMP MMRP MNP NCTD PA Agua Hedionda Lagoon Cabrillo Power ILLC California Coastal Commission California Environmental Quality Act City of Carlsbad Coastal Rail Trail Carlsbad Seawater Desalination Plant Environmental Impact Report Encina Power Station Encina Power Station Precise Development Plan Encina Wastewater Pollution Control Facility Agua Hedionda Lagoon Local Coastal Program Local Facilities Management Plan Mitigation Monitoring and Reporting Program Mitigated Negative Declaration North County Transit District Planning Area Encina Power Station Precise Development Plan - PDP 00-02(BBC August 19.2D09Septomber 7. 201 J-October 5, 2011 Hofman Planning and Engineering Page 6 X3 PDF Poseidon PRC SCCRP SDCWA SDG&E SP444— SLS SP144 Enciria Power Station Precise Development Plan Poseidon Resources Corporation Poseidon Resources Corporation South Carlsbad Coastal Redevelopment Plan San Diego County Water Authority San Diego Gas and Electric Specific Plan 144 Proposed Agua Hedionda Sewer Lift Station and Associated Improvements Specific Plan 144 Encina Power Station Precise Development Plan - PDP 00-020 August 19,2009Septembor 7, 201 IQctober 5, 2011 Hofman Planning and Engineering Page? INTRODUCTION • The Precise Development Plan (PDP) is intended to serve as an informational and regulatory document to meet the City's zoning requirements for the Public Utility Zone as the zone applies to the Encina Power Station (EPS). The EPS is approximately 95 acres in size and extends from Carlsbad Boulevard to Interstate 5 along the south shore of Agua Hedionda Lagoon (AHL). Electrical power generation is the primary function of the EPS. • The EPS is currently capable of producing 965 Megawatts (MW) of electricity and providing 25% of San Diego County's total energy requirements. • The Encina Power StationEPS is owned by Cabrillo Power I L.L.C. • The EPS has a Public Utilities ("ID General Plan land use designation. Primary functions of the U designation may include generation of electrical energy, including by thermal electric power generating facilities such as the Encina Power Station, outside the Coastal Zone only. • The EPS has a Public Utility rP-U") zoning. In the P-U Zone, generation of electrical energy is not a permitted use in the Coastal Zone but is permitted as an accessory use in the Coastal Zone if it generates fewer than 50 megawatts. The P-U Zone also clarifies that a generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. • Whether inside or outside of the Coastal Zone, generation of electrical energy. including as an accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission. Cabrillo Power I L.L.C. currently generates electricity at the Encina Power Station as authorized by the California Public Utilities Commission. • The EPS is located inside the Coastal Zone. Because of its location, primary function and generating capacity, the EPS is inconsistent with the General Plan and not a permitted use in the P-U Zone or this PDP. • The PDP is-was also the primary approval process for the Carlsbad Seawater Desalination Project (CSDP), a 50 million gallon per day (MGD) facility at the EPS. The CSDP is proposed owned by Poseidon Resources Corporation, which has entered into a long-term lease with Cabrillo Power I L.L.C. • The PDP is also the primary approval process for the SLS. a 50 MGD capacity sewer facility and associated improvements at the EPS. • The PDP: Encina Power Station Precise Development Plan - PDP 00-02(BE<E) August 19. 2009SoplBmbor 7. 201 IQctober 5. 2011 Hofman Planning and Engineering PageS a. Depicts the existing land uses and baseline conditions. b. Establishes development standards consistent with applicable land use standards, such as the General Plan. Specific Plan 144. Agua Hedionda Land Use Plan; and Zoning Ordinances. zoning requirements; c. Includes provisions for administrative approvals for minor accessory uses and facility modifications necessary for daily power generationj—and desalination, sewer treatment, and other operations and to meet security requirements, consistent with the limitations of the Encina' Power StationEPS as a use inconsistent with the General Plan and Zoning Ordinance. d. Establishes PDF amendment procedures. e. Facilitates building permit issuance for allowed land uses at the EPS. Encina Power Station Precise Development Plan - PDF 00-02(660 August 19.2009Septembor 7. 2011 October 5. 2011 Hoftnan Planning and Engineering Page 9 /6 1. PDF Chapters: I. Purpose of the Precise Development PlanPDP II. Physical Setting III. Incorporation of Applicable Regulations and Documents IV. Development Standards V. Public Improvements VI. Procedures and Amendments Encina Power Station Precise Development Plan - PDP 00-02(BSG) August 19.200!)SoptGmber 7,2011 October 5.2031 Hofmun Planning and Engineering Page 10 /7 I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDF) A. P-U ZONE AND PDF REQUIREMENT The Encina Power Station (EPS)-on the southern shore of Agua Hediorida LagoonAHL, west of Interstate 5 and east of Carlsbad Boulevard, has a Public Utility (P-U) zoning designation per City of Carlsbad land use regulations. Exhibit 1 (Regional Map) and Exhibit 2 (Vicinity Map) locate the site within the northern San Diego County coastline. The history and operations of the powerplant are summarized in Appendix A. A summary of the 50 MOD (million gallons por day) approved CSDP soawater desalination facility proposedowned by Poseidon Resources Corporation is provided in Section II. C. of this document. In"addition, a summary of the 50 MOD SLS owned by the City of Carlsbad is provided in Section IIP, of this document. The Public Utility Zone, Chapter 21.36 of the Carlsbad Municipal Code, implements the corresponding General Plan designation of Public Utilities^ (U). Exhibit 3 (Zoning) and Exhibit 4 (General Plan) depict these land use designations, respectively. Section 21.36.020 of the Public UtilityP-U Zone Chapter lists permitted uses and structures. Per Section 21.36.020. generation of electrical energy is a permitted, primary use outside the City's Coastal Zone only but is permitted as an accessory use in or outside the City's Coastal Zone only if it is limited to a generating capacity of fewer than 50 megawatts. Further. Section 21.36.020.clarifies that generation of electrical energy, whether as a permitted primary or accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission. Other permitted uses in the Public Utilitv-P-U Zone include . including the generation and transmission of electrical energy if conducted by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission, use and storage of fuel oils, aael-energy transmission, wastewater facilities, and related facilities. - all of which are existing uses at the EPS. The processing, use, and storage of domestic and agricultural water supplies are also identified as permitted uses in the P-U Zone. Accordingly, since it entails processing, use and storage of domestic water supplies, the proposed approved Carlsbad Seowater Desalination Plant (CSDP) is a permitted use in the P-U Zone. The P-U Zone additionally permits facilities that dispose, treat, and reclaim wastewater; accordingly the SLS is also a permitted use. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "until a precise development plan has been approved for the property". This document is prepared consistent with the requirements of the P-U Zone, and serves as the site's official Precise Development Plan -(POP). The PDF serves as the primary entitlement for the CSDP and SLS. Encina Power Station Precise Development Plan - PDF 00-02(BSG) August 19.2009Septfimbor 7. 201 IQctober 5.2011 Hofman Planning and Engineering Page 11 /& In the future, the CSDP. SLS, -and other improvements contemplated for the EPS will require building permits; other future improvements may also require entitlements.,, including amendments to tills PDF. Since the EPS is within the boundaries of the South Carlsbad Coastal Redevelopment PlanSCCRP. it is subject to the provisions of this plan as discussed further in Section III. BE. B. ZONING ORDINANCE COMPLIANCE Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for certain public utility and related uses subject to a precise development plan procedure to: "Insure compatibility of the development with the General Plan and the surrounding developments" The Precise Development PlonPDP satisfies the above by providing: 2. a baseline of existing conditions (August 2Q09December 2010) 3. guidance for building permit and entitlement issuance for allowed uses 4. establishment of planning areas, standards and provisions development standards that require General Plan compliance amendment and implementation procedures linkage to other related regulations, approvals, and documents Consistency with the General Plan will allow for continued compatibility with the surrounding developments in the adjacent area, further discussed in II.P—E_of this document. A list of related regulations, approvals, and documents is provided in Appendix D. "Insure that due regard is given to environmental factors" The certification of an Environmental Impact Report (EIR1 for the CSDP was processed concurrent with the approvals for the desalination facilitvCSDP, as well as this Precise Development PlanPDP. EIR 03-05 and implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP}, wffl-satisfyied the above regarding adequate environmental review. The adoption of a MNP for the SLS was processed concurrent with the approvals for the SLS. as well as this PDF amendment (PDP 00-02(O). The MNP, and implementation of the corresponding MMRP. is adequate environmental review for the project. "Provide for public improvements and other conditions of approval necessitated by the development" Encina Power Station Precise Development Plan - PDP 00-02(BS(S) August 19.20QOSoptomber 7.201 IQctober 5, 2011 Horman Planning and Engineering Page 12 The above will be satisfied by compliance with conditions of approval for related permits of uses allowed by the PDF, including the proposed desalination facilityCSDP and the SLS: Public Improvements are addressed in Chapter V. C. RELATIONSHIP TO SPECIFIC PLAN 144 Specific Plan 144 (SP 144) was approved by the City of Carlsbad in 1971 covering the powerplant and all related property owned at that time by San Diego Gas & Electric (SDG&E). That included water and southern shoreline areas of Agua Hedionda Lagoon AHL east of Interstate 5, in addition to areas west of 1-5. Exhibit 5 (Plan Boundaries) depicts the overlapping boundaries of SP 144 and the Precise Dovolopment PlanPDP. The ownership of the powerplant property by Cabrillo Power I L.L.C. (Cabrillo) is combined with their ownership of adjacent lagoon waters west and east of 1-5. Precise Development Plan PDP provisions apply only to the land area owned by Cabrillo and zoned P-U since the lagoon water is zoned Open Space (OS). Exhibit 6 (Ownership) depicts the corresponding property ownerships of SDG&E and Cabrillo Pewe^as well as the boundaries of the PDP. One of the related entitlements for the CSDP SLS is wasjs an amendment to SP 144. In 2006, SP 144CH) wasewteek formally adopted to included the PDP area into the Specific Plan. SP 144(H), therefore, is noted in Chapter III (Incorporation of Applicable Regulations and Documents). SP 144(J) is the current amendment that corresponds with amendment to the PDP via PDP 00-02(B) for the CSDP approved in 2009. SP 144(1), as well as PDP 00- 02(A), are the file numbers that were assigned to an application by the powerplant for a re- powering proposal, that instead is regulated by the California Energy Commission and therefore may not be subject to PDP or SP 144 provisions. Pertinent provisions from SP 144 are incorporated into Chapter IV, Development Standards. SP 144(L), as well as PDP 00-02fC). are the amendments that incorporates the SLS into.the two documents. SP 144(N) has been filedincorporates to recognize the amendments put forth by PDF 00-02(E) D. ESTABLISHMENT OF BASELINE CONDITIONS The existing conditions and land uses within the P-U Zone as it relates to the EPS are established. This is an important function of the Precise Dovolopment PlanPDP since it will serve as the development baseline for any future project implementation at the EPS, such as the approved CSDP and SLS. Existing conditions and land uses are outlined in Chapter II, Physical Setting. E BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES This document is designed to ensure compliance with applicable regulations prior to the issuance of any building permit or entitlement for development within the Precise Development PlanPDP jurisdiction. Chapter IV provides development standards, outlines Encina Power Station Precise Development Plan - PDP 00-02(BEC August 19.20QOSeptemboi 7, 201 IQctober 5. 2011 Hofrrutn Planning and Engineering Page 13 allowed and conditional uses, and establishes other provisions. In addition, Chapter III of the PDF incorporates by reference all other applicable regulations, permits and documents. By providing a PDF for the property as required by the zoning Zoning ordinanceOrdinance. and as a guide to assess implementation compliance, this document facilitates building permit and entitlement issuance procedures. II. PHYSICAL SETTING A. ESTABLISHMENT OF PDF PLANNING AREAS Exhibit 7 (PDF Planning Areas) shows the Precise Development PlanPDP area and corresponding Planning Area boundaries. The three Planning Areas shown are consistent with the planning areas shown and described in EIR 03 05 and SP 144(H). The Assessor's Parcel Numbers (APN) for the land within the PDF are 210-010-39-41 and 210-010-3343. As determined by these APNs the area of the PDF is approximately 95 acres. B. EXISTING LAND USES AND CONDITIONS The Encina Power StationEPS. and the Agua Hedionda LagoonAHL are well-established features of coastal North County. Agua Hedionda LagoonAHL is connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD railroad, and 1-5. The lagoon is an integral part of the EPS since it provides the source of seawater that is vital to the cooling operations of the power plant's steam turbines in service. Exhibit 8 (Site Plan with Proposed FacilitiesCSDP and proposed SLS> as well as the exhibits contained in Appendix B & C shows existing structures, paved and parking areas at the power StationEPS as well as the proposed approved desalination facilityCS DP and proposed SLS locations. Most existing structures and uses described for each of the planning areas below are part of the Encina Power StetieftEPS. However, generation of electrical energy is not a permitted use in the Coastal Zone unless it an accessory use and generates fewer than 50 megawatts. A generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. PLANNING AREA 1 Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally located south of the outer Agua Hedionda LagoonAHL. and adjacent to Carlsbad Boulevard. PA 1 contains the most recognizable features of the plant: the power generating facility and emissions stack are located on the western portion of this Planning Area. Encina Power Station Precise Development Plan - PDP 00-02(B§€) August 10.20Q9Soptomfaer 7. 201 1 October 5. 2011 Hofmon-Planning and Engineering Page 14 The boiler/turbine building is the main building onsite and is approximately 200 feet in height. The stack reaches a maximum height of 40Q1 feet. Other facilities located in PA 1 include water, steam, and natural gas pipelines. An NCTD rail line forms the eastern boundary. The primary land uses in PA 1 are the power generating facility and emissions stack, support facilities, the electrical switching station and related facilities, the water intakes, and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic Reduction SCR (pollution control technology) are located within this PA. The perimeter landscaping along Carlsbad Boulevard and a portion of the south shore of the outer lagoon AHL basin is also located within PA 1. In addition to the major structures listed above, the main entrance to the EPS is located in Planning Area 1, at 4600 Carlsbad Boulevard, south of Agua Hedionda LagoonAHL. The seawater desalination demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of the CSDP, including the intake pump station and intake & discharge pipelines, are located in PA 1. A total of 174 spaces are available at various parking lots within Planning Area 1, shown on Exhibit 9, to serve existing uses and the CSDP (Parking discussed in IV). Other Existing Onsite Uses in PA 1 include: o Chemical and chemical waste storage tanks o Water tank storage facilities o Mobile Office Trailer (4,330 square feet) o Communications facilities o Construction materials storage o Fabrication/machine shops o s Vehicle storage areas o Shipping/receiving areas o Administrative support areas o Fire brigade facilities o Trash recycling facilities o Processing, use and storage of natural gas, and liquid natural gas o Processing, use and storage of water supplies o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Railroad access and loading/unloading facilities o Seawater desalination demonstration facility o Discharge pond o Seawater intake o Upland aquaculture operations and processing areas The Selective Catalytic Reduction (SCR) facility and related equipment are located to the southeast of turbine Unit 5 of the power generating facility. Components related to Encina Power Station Precise Development Plan - PDP 00-02(660 August 19.20Q9SeptemboT 7, 2Q11 October 5, 2011 Hotman Planning and Engineering Page 15 implementation of the SCR facility located onsite include: two aqueous ammonia storage tanks, truck unloading station, and piping from the storage tanks to the boilers. The seawater desalination demonstration facility is located north of the main gate off Carlsbad Boulevard. The seawater desalination demonstration facility supply pump is capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the demonstration facility. The objective of the demonstration plant is to develop data for the monitoring of the future full-scale (50 MOD) CSDP facility. This demonstration facility utilizes approximately 23 existing parking spaces, which will be re-established when the seawater desalination demonstration facility is no longer needed onsite. The area is surrounded by trees and shrubs, which serve to screen the facility from | views along Carlsbad Boulevard and from the north shore of the LagoonAHL. The maximum height of this facility is less than 20 feet. PLANNING AREA 2 Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. It contains four large fuel oil storage tanks, which are generally located between 1-5 and the NCTD railway, and north of the overhead electrical transmission lines. Fuel oil was formerly the primary fuel source used to fire the electricity generating boilers at the EPS. However, beginning in the 1970s, the EPS switched to use natural gas as the primary fuel consumed in the production of electricity because of its lower emissions and costs. In recent years, natural gas curtailments to the EPS resulted in an increased, though intermittent reliance on fuel oil. This situation could occur again in future years if energy supply and demand reach peak levels and natural gas availability is scarce. The land use activities in this planning area are not readily visible to offsite viewers as the storage tanks are set below grade and are further visually screened by west-facing, east- facing, and north-facing landscaped berms. The primary existing land use activity in this planning area is the storage of fuel oil. Similar to PA 1, other existing activities in this PA include: o Processing, use and storage of natural gas and liquid natural gas o Processing, use and storage of water supplies o Use and storage of petroleum-based fuels and fuel oils o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Communications facilities o Administrative and training support facilities o Dredging operations facilities and storage Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, which will be demolished once the SLS. to be located adjacent and east of the existing sewer lift station within PA 2, is constructed (Exhibit 10 depicts the location of tKe SLSX The SLS Encina Power Station Precise Development Plan - POP 00-02(BgE) August 19.2000Soplcmbor 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 16 also includes new sewage and recycled Water pipelines that extend across PA 2 from north to south, just east'of the NCTD railway; Anafigt EPS materials and equipment storage is another ancillary use in PA 2. A landscaped berm is partially sited within this planning area as a means of visually separating the fuel oil storage tanks from southbound travelers on 1-5 and Carlsbad Boulevard. Fire training is intermittently conducted within this planning area. PLANNING AREA 3 Planning Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three small fuel oil tanks known as Fuel Tanks 1, 2 and 3 (Fuel Tank 3 will bfe removed to accommodate the approved CSDP). These tanks are located south of the outer basin of the Aguci Hedionda LagoonAHL and adjacent to and west of the NCTD tracks. PA 3 is the location of the proposed approved CSDP. Power generation-related facilities located in this planning area include the three smaller fuel oil tanks, above ground and underground fuel tanks, and water treatment facilities. Other existing onsite uses in this PA include: o Use and storage of petroleum-based fuels and fuel oils o Wastewater treatment facilities o Wastewater and/or brackish water treatment, disposal, storage and reclamation facilities C. PROPOSED APPROVED DESALINATION FACILITY The 50 million gallons per day (MGD) Carlsbad Seawater Desalination PlantCSDP 4s-was proposed approved for a portion of PA 1 and the portion of PA 3 currently occupied by Fuel Tank 3, the southernmost tank. Appendix B contains engineering drawings depicting various components of the desalination facilityCSDP and building elevations. When fully operational, the proposed approved CSDP will have the capacity to deliver up to 50 MGD of Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad, neighboring agencies and/or other regional partners. The desalination facilityCSDP is described with detailed analysis in certified EIR 03-05, and EIR 03-05(A), an Addendum to the certified EIR. A summary is provided below. The project includes a desalination plant, pipelines and other appurtenant facilities. Fuel Tank 3 and surrounding earthen containment dikes and adjacent paved areas will be removed to accommodate the proposed approved desalination plant. Detailed exhibits and a preliminary grading plan of the proposod approved facility are included in Appendix B. Appurtenant facilities are associated with the desalination facility, consistent with the project description in certified EIR 03-05 and EIR 03-05(A), such as: intake and discharge Encina Power Station Precise Development Plan - PDF 00-02(BSC) August 19.2009Soptombor 7, 2011-October 5,2011 Hofman Planning and Engineering Page 17 pipes, product water pipeline, transformers, electrical connections and solids handling building. These appurtenant facilities are proposed approved primarily in PA 3 and PA 1. Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit 12 of this document shows a before/after conceptual aerial photo simulation of the CSDP. Offsite infrastructure and facilities to carry and store product water are not included as part of the Precise Development PlonPDP as they are not proposed to be located on P-U zoned properties and, therefore, not subject to PDP provisions. Source water for the project will come from seawater in the existing cooling water system at the EPS. Appendix B, Exhibit F provides a process flow diagram for the CSDP. Seawater would be diverted from the combined outlet of the power station condensers and piped to the CSDP. The source water will be pre-treated and filtered through RO membranes to produce high quality drinking water. The product water would be stored temporarily in on-site facilities prior to transmission to local and/or regional storage and | distribution systems. A large diameter pipeline, proposed approved along the east boundary of PA1, would convey product water from the desalination plant in a southerly direction to off site infrastructure and facilities. -These product water pipelines, and the new offsite pipelines that would be constructed for conveyance of the product water to the City of Carlsbad, neighboring water agencies and/or the San Diego County Water Authority, are described in certified EIR 03-05 and EIR 03- 05(A). Cooling water from the condensers of all five units of the power generating structure flows into a common discharge tunnel. The concrete discharge tunnel conveys the cooling water into an on-site discharge pond before traveling through box culverts under Carlsbad Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean. The CSDP will operate up to 24 hours a day, 7 days a week. This facility will produce water continuously and will be staffed at all times. Maintenance will be conducted onsite as is customary and standard for such a facility or otherwise required by equipment manufacturer specifications. B. PROPOSED SEWER LIFT STATION The entire project involves the installation of a sewer trunk line (3,960-foot long force main and a 8.420-foot long gravity sewer line) to be located between the San Diego Northern Railroad (BNSF) right-of-way to the west and the 1-5 freeway to the east: a sewer lift stationi(5Q MGD capacity); a sewer support bridge (140-foot weathered steel span): and associated improvements on the Vista/Carlsbad Sewer Interceptor System (Segments VC11. VC12. VC13. VCR and VC15 as referenced in the City of Carlsbad's 2003 Sewer Master Plan).;The project also includes the demolition of the wood trestle for the existing sewer line and the,option of relocating a section: of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new Encina Power Station Precise Development Plan - PDP 00-02(BEC) August 19.2009Septombor 7, 201 1 October 5. 2011 Hoi'man Planning and Engineering Page 18 sewer bridged However, most oft the bridge, except the southern abutment, and offsite infrastructure (proposed improvements: to the north/and south of $M 2) are not included as part of the PDF amendment as it is not proposed to be located on P-U zoned properties and, therefore, not subject to PDF provisions: The SLS&. Mil involve a series of three structures (two of which will be primarily undergroundy These structures will be constructed in an area apprdximately 80^ to 100-feet southeast of the fexisting sewer lift station. These three structures are thb nalin lift station, a smaller grinded facilityv and a still%naller bio-filter structure.- The largeVrlMri structure will be fitted into "the terrain of the sitfe with exterior walls fimctioniiig as soil retaining walls, resulting in the facility being situated moMy below gracbl with only the south and western walls visible up to 2515 feet in height. The lift station structure will be stained earth-tone colors, with wall texturing for shadowing to fit into the surrounding arba. The existing station and adjacent overflow basin will be removed to accommodate the SLS. The project also proposes a number of associated improvements in the same work area, including installation of a sewer gravity connector line, sewer force main, 12-inch recycled water line, and replacement of a 3" potable water line with a 6" potable water line. Plans of the SLS are provided in appendix C and a photo simulation is provided in Exhibit 13. BE. SURROUNDING DEVELOPMENTS As a major electrical generating facility in San Diego County, the EPS is a distinct regional land use presence. Land uses surrounding the PDF area include residential neighborhoods, and coastal shoreline areas providing active and passive recreational uses. These include swimming, surfing, walking, bird watching, fishing and bicycling. North of the PDP boundary are the waters of Agua Hedionda LagoonAHL; Interstate 5 is located along the eastern edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the south is a small community park (Cannon Park) and the operations center of SDG&E. Single-family residential neighborhoods in the general area include Terramar and Tierra del Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another portion of Terramar is located on the east side of Carlsbad Boulevard, further south of Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north shore of the lagoon is a research institute and fish hatchery. Existing Surrounding Land Uses (Adjacent to Precise Development PionPPP Jurisdiction) North: Agua Hedionda LagoonAHL South: Industrial utility, Cannon Park East: 1-5 and NCTD Railway Transportation Corridor West: Carlsbad Boulevard, Beach Access Encina Power Station Precise Development Plan - PDP 00-02(BiG) August 19. 2000Soptembor 7. 2011 October 5.201 f Hofrnan Planning and Engineering Page 19 Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations (Adjacent to Precise Development PlanPDP Jurisdiction) North: Open Space South: Open Space, Planned Industrial, Public Utilities/Utility East: Open Space, Transportation Corridor West: Open Space The—Encina—Power—Station—ss4—surrounding—neighborhoods—have—co existed—fef approximately 50 years with minimal day to day interaction or disturbance. The EPS operations are self contained and do not generally extend beyond the limits of the POP. The EPS and implementation of the Precise Development Plan will facilitate continued compatibility with the EPS and surrounding developments in the area. III. APPLICABLE LAND USE REGULATIONS A. EIR 03-05, EIR 03-05(A) / MITIGATION MONITORING and REPORTING PROGRAM Certification of Final EIR 03-05 constitutes the environmental review necessary for this Precise Development PlanPDP and the proposed desalination facilityCSDP. The EIR was prepared, processed and certified in compliance with CEQA (California Environmental Quality Act) in 2006. EIR 03-05 also covers the environmental review of off site pipeline alignments designed to convey the desalinated water for regional distribution from the Encina Power StationEPS location. Certification of EIR 03-05 requires the implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation measures for various environmental impacts assessed in EIR 03-05 that otherwise would create significant impacts. PDF amendment 00-02(B) provides minor revisions to the site plan of the approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03- 05, EIR 03-05(A) was processed and approved in 2009. No new impacts were identified and the project's mitigation measures have not increased nor are.any new mitigation measures required. The mitigation measures mostly address environmental impacts from the offsite pipeline alignments. However, some mitigation measures apply to the desalination facility and therefore require incorporation into this Precise Development PlanPDP. A copy of theThe MMGRP is contained in City Council Resolution 2006-156, which is referenced included in Appendix FD. Encina Power Station Precise Development Plan - POP 00-02(BEC) August 19. IQOQSeptember 7. 201 1 October 5. 2011 Hofman Planning and Engineering Page 20 .27 B. SLSMNP - PDF00-02fC>/SP 144(L)/RP10-26/CDF 10-17/HDP 10-05 /SUP 10-02 / HMP10-03 - 7 MITIGATION MONITORING ANl) DEPORTING PROGRAM Adoption of the Final MNP constitutes the environmental? review necessary for this PDF amendment and the SLS. The MNP was prepared, processed and certified in compliance with CEO A. The MNP also covers the environmental review of off site pipeline alignments and the support bridge alignment designed to convey the pipes Isewer; fec^ycl&l water, and potable water) frorii south of Chinquapin Avenue to the EWPCF. Adoption; of the MNP requires the implementation of the corresponding MMRP. The MMRP outlines necessary mitigation measures for various environmental impacts assessed in the MNP that otherwise would create significant impacts. The mitigation measures mostly address environmental impacts from the construction of the bridge abutments, sewer lift station, and construction noise adjacent to the AHL during bird breeding season. Therefore, the mitigation measures require incorporation into this PDF. The MMRP is contained in City Council Resolution 2011-XXX, which is referenced in Appendix D. CECITY OF CARLSBAD GENERAL PLAN The Land Use Element of the Carlsbad General Plan designates the existing power station propertyEPS as Public Utility Utilities (U). The Public ¥tiMty-Utilitiesdesignation is implemented through the (P-U) Public Utility Zone, Chapter 21.36 of the Carlsbad zoning ordinance. This Precise Development PlanPDP, compliant with Chapter 21.36, ensures compatibility with the City's General Plan. The Carlsbad General Plan states that the Public Utility Utilities designation's "primary functions may include such things uses as the generation of electrical energy (outside the Coastal Zone only), treatment of wastewater, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community". The desalination use is considered consistent with these land uses. However, since the Encina Power StationEPS is within the boundaries of the Coastal Zone, it is not considered a primary function of the U designation. Therefore, implementation of the Precise Development PlanPDP, including building permit issuance for the desalination facilityCSDP and SLS facilities, would be consistent with the site's land use designation of Public Utility Utilities and the City's General Plan. However, the existing Eftei-na Power StationEPS, an expansion of it, or the addition of a new power facility is or would not be considered consistent with the U designation. Encina Power Station Precise Development Plan - POP 00-02(S&G August 19. 20QPSoptombor 7, 2011October 5,2011 Hofman Planning and Engineering Page 21 IX_SPECIFIC PLAN 144 (H) AND (J)H-N The amendment to formally include the Precise Development PlahPDP area into Specific PiaftSP 144, processed as SP 144(H), was approved concurrently with the desalination focilityCSPP. EIR 03-05, and other approvals. SP 144(H) formalized the inclusion of the PDP area and will likewise provide specific plan coverage compliant with State law guidelines per Government Code Section 65450. Applicable conditions or regulations resulting from the integration of the Precise Development PlanPDP into Specific PlanSP 144 are outlined with other development standards, planning area by planning area, in Chapter IV. Changes proposed to the. PDP that are considered "formal amendments" also requires an amendment or comprehensive update of SP 144. See Section VIC, for details. Specific PlanSP 144 (J) is the amendment to Specific PlanSP 144 that implements the site plan reconfiguration for the GSDP covered by the amendment to tbis-PDP (PDP 00-02(B)), the Redevelopment Permit Amendment (RP 05-12(A)) and EIR 03-05 Addendum (EIR 03- 05 (A)). A copy of SP 1/M (J) is included in Appendix H: SP 144 (L) is the amendment to SP 144 that implements the SLS covered by the amendment to this PDP (PDP 00-02 (Q). the Redevelopment Permit (RP l'0-26>. and the MNP. Specific -PiaaSP 144CN) amended Specific PlanSP 144 to delete and modify provisions of the plan regarding generation of electrical energy and Enema Power Station consistency with the General Plan. It corresponds to PDP OQ-02(E). Encina Power Station Precise Development Plan - PDP 00-02(BEG August 19.2009Soptcmbor 7. 2Q1 IQctober 5. 2011 Hofman Planning and Engineering Page 22 CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) The South Carlsbad Coastal Redevelopment Plan (SCCRP)-is a 555-acre redevelopment area. As shown on Exhibit 4-M4, the Precise Development PlanPDB area is a portion (approximately 95 acres) of the larger Redevelopment jurisdiction. Identified goals of the SCCRP relative to the EPS and PDF jurisdiction include: • Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. Developing new beach and coastal recreational opportunities. • Increasing parking and open space amenities. • Developing new beach and coastal recreational opportunities. • Implementing performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development. In November 2005 the City Council, upon the recommendation of the Housing and Redevelopment Commission, approved Ordinance NS-779, amending the SCCRP. This action requires a PDP for a number of certain uses, including a sewer'lift station, a desalination facility and the generation and transmission of electrical energy; a finding of extraordinary public purpose for those certain uses; and a Redevelopment Permit. In 2009. aAn amendment to the desalinatieHCSDP project's Redevelopment Permit (RP 05-12(A)) is-was processed along with the amendment (PDP 00-02(BY) to this- PDP:-' The SLS's Redevelopment permit (RP 10-26) was processed- along with the amendment to the PDP (PDP OCi-02 (C)V Ordinance NS-779 also states that these requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). Ordinance NS-779 is attached asreferericed in Appendix C-D, and integrated into the compliance elements outlined in Development Standards, Chapter IV. The General Plan states that a primary function of the Public Utilities land use designation may include generation of electrical energy outside the Coastal Zone only. Since all of the SCCRP is within the boundaries of the Coastal Zone and the EPS is within the SCCRP. the EPS is not a permitted use within the redevelopment plan. Encina Power Station Precise Development Plan - PDP 00-02(BgC) August 19. 2009September 7. 201K)ctober 5.2011 Horman Planning and Engineering Page 23 eJ>. LOCAL COASTAL PROGRAM COMPLIANCE The Agua Hedionda LagoonAHL Local Coastal Program (LCP) segment applies to the Precise Development PlanPDP; The LCP area is also shown on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP certification and permit authority from the California Coastal Commission (CGG) for most of the city's coastal zone in October 1996. However, the California Coastal CbmmissionCCC retained permit authority within the Agua Hedionda LagoonAHL LCP. Therefore, any development within the Precise Development PlanPDP jurisdiction requires approval of a coastal development permit by the California Coastal CommissionCCC prior to building permit issuance or effectiveness of any entitlement, such as this Precise Developmont PlanPDP. Compliance with related coastal permit conditions shall be addressed prior to building permit issuance, as part of the Precise Development Plan POP implementation. The Agua Hedionda LCP acknowledges the coastal dependent nature of the Encina Power Station and existing land uses, which ore considered to be consistent with supported coastal policies and objectives. Likewise, the CSDP is consistent with the Agua Hedionda LagoonAHL Local Coastal ProgromLCP as reaffirmed by the environmental review and certification and approval of Final EIR 03-05 and EIR 03-05(A). Likewise, .the SLS is also consistent with the AHL LCP as stated in the certification and approval of the Final MNP. 4.E. GROWTH MANAGEMENT PROGRAM COMPLIANCE The Growth Management Program, in accordance with Chapter 21.90 of the Carlsbad Municipal Code, established 25 Local Facilities Management Zones throughout the city. No development can occur in any of the Zones unless consistency of the development is determined with the applicable Local Facilities Management Plan (LFMP) for each Zone. Each LFMP determines existing and future needs for infrastructure so that future Zone demands can be adequately assessed, planned, and provided. The Enqina^ Power StatJeaEPS. proposed desalination facilityCSbP, > and ^ Precise Develpprngat P.lonPDP jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however, applies only to the northwest corner of the Encina Power StotionEPS'. ^a^3jj Precise Dcvolopment PlanPDP jurisdiction in the vicinity of the aquaculture facilities and discharge pond. Implementation of the Precise^I^eyelgpmenti PtonPDP, including the CSDP, is consistent with the Zone 1 and Zone 3 LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is not necessary to implement the Precise Development PiaaPDB; This was reaffirmed by the environmental review and certification of Final EIR 03-05, and EIR 03-05(A) for the CSDP. and the.MNP for the,SL£ and is summarized below. Encina Power Station Precise Development Plan - PDP 00-02(BiC) August 19.2009September 7. 2011 October 5.2011 Hofinan Planning and Engineering Page 24 GSDP LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance Performance Standard Administrative Facilities Library Wastewater Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Water Project Compliance N/A. This standard does not apply to non-residential uses N/A. This standard does not apply to non-residential uses. Effects on wastewater treatment are discussed and mitigated in the N/A. This standard does not apply to non-residential uses. Negligible Effect. The EPS has a Storm Water Pollution Prevention Plan (SWPPP) in place. The desalination facility will also implement a SWPP. Negligible effect. The desalination facility will only add 120 Average Daily Trips (ADT) to the traffic circulation of the area. N/A. This standard does not apply to non-residential uses. No effect on open space compliance. N/A. This standard does not apply to non-residential uses. Effects on sewer capacity are discussed and mitigated in the EIR Beneficial effect anticipated. The desalination facility is anticipated to substantially improve the quantity and quality of the water supply available to the City, neighboring water agencies and the region. Desalinated water is required to meet all federal, state, regional and local standards. SLS LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance Performance Standard Administrative Facilities Library Wastewater Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Water Protect Compliance N/A. This standard does not apply to non-residential uses N/A. This standard does not apply to non-residential uses. The sewer lift station would improve the existing wastewater facilities and will handle the projected build-out sewage anticipated from the service area. N/A. This standard does not apply to non-residential uses. Negligible Effect, The EPS has a SWPPP in place. In addition, the sewer lift station will also implement a SWPPP. Negligible effect. The sewer lift station will only add one additional ADT to the traffic circulation of the area for a maintenance vehicle to monitor and service the sewer lift station. N/A. This standard does not apply to non-residential uses. No effect on open space compliance. N/A. This standard does not apply to non-residential uses. The project will not result in an increase iri sewer flow. The project includes the installation of a 12-inch diameter recycled water line. This line will serve to distribute recycled water in the northern portion of Carlsbad for landscape irrieatioiL Encina Power Station Precise Development Plan - POP 00-02(B§g) August 19.1009Septombor 7, 201 ^October 5. 2011 Hofman Planning and Engineering Page 25 ^!L_COMMUNITY THEME CORRIDORS The City of Carlsbad General Plan designates specific transportation corridors as scenic roadways. Carlsbad Boulevard on the western perimeter of the PDF is designated as a "Community Theme Corridor". Excerpts fromThe scenic corridor guidelines applicable to Carlsbad Boulevard and the railroad right of way are attached referenced in Appendix D. Carlsbad Boulevard, the local segment of the coast highway located along southern California's coast, provides superior visual access with lagoon, ocean, beach, horizon and sunset views. The NCTD railroad right of way is noted as a "special condition" in the City's Scenic Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of way to enhance the visual image of the city to railroad passengers. The Circulation Element of the General Plan notes that Community Theme Corridors "connect Carlsbad with adjacent municipalities and present the City of Carlsbad to persons entering and passing through the community". The EPS has been in this location for nearly 50 years and, in part, defines part of the existing overall community character. The review and certification of Final EIR 03-05 included visual assessment of the desalination facility, recognizing that it proposes to replace an existing oil tank. The Mitigation Monitoring and Reporting Program MMRP implemented by the EIR 03-05 generated certain mitigation measures regarding aesthetics and view impacts from Carlsbad Boulevard and the NCTD railroad right of way. These mitigation measures are incorporated in the MMRP, as referenced in Appendix FD. Changes proposed to the CSDP as part of PDF 00-02(B) do not trigger any new mitigation measures, as described in EIR 03-05(A). ^COASTAL RAIL TRAIL The City of Carlsbad in coordination with other cities in coastal San Diego County, is implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail mostly along the railroad right of way. At completion, this regional trail is intended to provide an alternative to freeway commuting along the Interstate 5 coastal corridor. Each city is pursuing individual segments within their jurisdiction based on funding and other factors that facilitate construction. The City of Carlsbad opened its first segment of the CRT along the east side of the railroad tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment southward of this existing portion of the CRT would crosses the SLS's pirie support bridge IfYtmAri Irrirltrp "T'Anth'hnnTijrf ffif* trill 'VLvmlrl ilitrn f*T^twvrfl trYwirH to fHp T S "frpp\.\ri\T ilntrcr Encina Power Station Precise Development Plan - POP 00-02(BBC) August 1 9. 2009Soplefnbor 7. 201 1 October 5. 201 1 Hefenan Planning and Enginooring Page 26 33 development located on the north side of Cannon Road. The commercial development accommodates the Coastal Rail TrailCRT alignment through its property and facilitates continued southward alignment to city limits. Regardless of final alignment, the CRT is considered an allowed and supported land use within the Precise Development PlanPDP. It is specified as an allowed use within the PDF in Chapter IV, Development Standards. ffi_HABITAT MANAGEMENT PLAN The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space resources. The Precise Development PlanPDP area is south and adjacent to the Agua Hedionda LagoonAHL. Implementation of the Precise Development PlanPDP will not adversely affect the Lagoon, nor hinder HMP implementation. The PDP is designated as a "Development Area", and lies outside of any existing or proposed habitat conservation areas. The Precise Development PlanPDP will not increase or decrease the amount of open space in the city. Consistency with habitat planning efforts was reaffirmed with the environmental review and certification of Final EIR 03-05, and approval of EIR 03-05(A) for the CSDP and the MNP for the SLS. "^DEVELOPMENT AGREEMENT - DESALINATION FACILITY A Development Agreement may bchas been approved between Poseidon Resources Corporation and the City of Carlsbad. The primary functions of the Development Agreement are to eliminate uncertainty in planning and provide for the orderly development of the Project, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, et seq. of the California Government Code and Zoning Ordinance Chapter 21.70 are intended. The Development Agreement is on file with the City of Carlsbad, in the Planning Division under the filing reference of DA 05-Olf A). Tho final terms of the Development Agreement may need assessment prior to building permit issuance for the desalination facility. If approved, the Development Agreement will be on file with the City of Carlsbad, in the Planning Department under the filing reference of DA 05 01. :fte-An amendment to the Development Agreement, DA 05-01 (A), is-was part of the amendment package to entitle the reconfigured site plan for the desalination plant covered by PDP 00-02(B), and related agreement details regarding offsite pipeline distribution and operation not in the PDP. The amended agreement was approved in 2009. Encina Power Station Precise Development Plan - PDP 00-02(B6G) August 19.20Q9Soptembor 7.201 IQctober 5. 2011 Hofman Planning and Engineering Page 27 fcXREGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION LOCAL • City of Carlsbad/Carlsbad Housing & Redevelopment AuthorityCommission REGIONAL • San Diego County Air Pollution District (APCD) • Regional Water Quality Control Board (RWQCB) • San Diego County Department of Environmental Health (DEH) STATE • California Coastal Commission (CCC) • California Public Utilities Commission (CPUC) • California State Lands Commission (SLC) • California Independent System Operator (ISO) • California Department of Fish and Game (CDFG) • California Energy Commission (CEC) • California Department of Health Services (DHS) FEDERAL • National Marine Fisheries Service (NMFS) • Federal Energy Regulatory Commission (FERC) • United States Fish & Wildlife Services (USFWS) • United States Army Corps of Engineers (USCOE) Some of these agencies have at their discretion the authority to exercise preemptive jurisdictional regulatory powers over design, facility, and operational characteristics of the EPS, which are not subject to the regulatory powers of the City of Carlsbad or the Precise Development PlonPDP. The CSDP is also subject to the regulatory powers of certain agencies noted above. However, the Precise Development PlanPDP does not confer any additional regulatory jurisdictional powers upon the City of Carlsbad than it already retains under applicable state and federal laws. Encina Power Station Precise Development Plan - POP 00-02(BEC) August 19.2009Septembor 7. 201 IQctober 5. 2011 Hoi'rnan Planning and Engineering Page 28 F. DEVELOPMENT STANDARDS Since much of the EPS was built over 30 years ago, the development standards apply only to new onsite development and/or redevelopment. The proposed development standards will apply as appropriate to future activity requiring entitlements and/or building permits. This chapter reviews and integrates various sources of regulations, requirements, conditions and other provisions. The P-U zoning district, Chapter 21.36, is the primary source of standards and conditions established within the Precise Development PlanPDP. In many cases, Chapter 21.36 does not establish development standards for the P-U zone; instead, Section 21.36.050 identifies a number of conditions that the City Council may impose on the Precise Development PlanPDP, such as requirements for setbacks and parking. Other sources of standards originate from related regulations and documents as discussed in Chapter III. The table below and subsequent discussion provides the necessary guidance to review and approve future building permit and entitlement requests within the PDP area. Furthermore. Appendix D lists many applicable ordinances, resolutions and regulations. While not comprehensive. Appendix D is helpful in identifying those documents and standards particular to the PDP area. OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA STANDARD or REQUIREMENT Permitted Uses Conditional Uses Minimum Lot Area Lot Coverage Parking, Loading and Refuse Collection Areas Landscaping DESCRIPTION See Discussion Below See Discussion Below 7,500 square feet 50% maximum See Discussion Below None in front, side or rear setback adjoining street; or 10' within side/rear property line. See Discussion Below See Discussion Below SOURCE of REQUIREMENT Chapter 2 1.36- 21.36.020 Chapter 2 1.36- 21.36.110; and the PDP Chapter 2 1.36- 21.36.060 Chapter 2 1.36- 21.36.070 Chapter 2 1.36- 21.36.080; and the PDP Chapter 2 1.36- 21.36.090; and the Applies toPAl X X X X X X Applies to PA 2 X X X X X X Applies to PA 3 X X X X X X Encina Power Station Precise Development Plan - PDP 00-02(BEC) A..,V,,,,< m innftcu— <>„— ,t.n, i om 1 /~n™*«u,»^ « -">r>i 1 Hofmnn Planning and Engineering Page 29 36 Grading Architecture and Building Materials Setbacks Parking Building Height Equipment and Storage Tank Screening Lighting STANDARD or REQUIREMENT Precise Development Plan: PDPOO-02ggr Redevelopment Permit: RP 05 12(A) Required Finding of Extraordinary Public See Discussion Below See Discussion Below See Discussion Below See Discussion Below Not to exceed 35 ft To remain reasonable screened by healthy landscaping/planting Lighting Plan approval prior to building permit issuance DESCRIPTION Ordinance CS 058 XXX with Conditions ifi Ant^f*nHII^..TTfcn/itipf^ of building permit or entitlement in P-U Zone first requires approved PDP for property. Resolution 6635 with Conditions in Appendix ERehabilitation, redevelopment, and development activities within SCCRP require redevelopment permit. Ordinance NS 779 in Appendix C Many PDP Chapter 2 1.36- 21.36.050(6); and the PDP Chapter 21.36 - 21.36.050; and the PDP Chapter 2 1.36- 21.36.050(1); and the PDP Chapter 2 1.36- 21.36.050(11); and the PDP Chapter 2 1.36- 21.36.050(2); SP 144; and the AHL LCP SP144 SP 144; also see any project Mmitigation rnMeasures below SOURCE of REQUIREMENT Zoning Ordinance* Chapter 2 1.3 61 SCCRP Section 600 (Ordinance NS-779): Ordinance NS-806 and subsequent amendments approved by ordinance. Carlsbad Redevelopment Authority/SCCRP Sections 200 and 600 (Ordinance NS-779) Carlsbad Redevelopment X X X X X X X Applies toPAl X X X X X X X X X X Applies to PA 2 X X X X X X X X X X Applies to PA 3 X X X Encina Power Station Precise Development Plan - PDP 00-02(BBQ A-Hgu»tl9 2009Soptombor 7 20 11 October 5, 20 1 1 Hofman Planning and Engineering Page 30 3-7 Purpose RP required PDF Requirement Coastal Development Permit Mitigation Measures Final Precise Development Plan utility uses arid governmental facilities within trie SCCRP require making of this finding. Official POP required May be required if new development in AHL LCP segment Measures to reduce environmental impacts to less than significant as required by EIRs and MNDs. Anripnrli-r TF li^f" PTPy Yppelicmv iF1 ilBls nitv mitigation measures Required for Building Permit Issuance Authority/SCCRP Section 600 (Ordinance NS- 779) SCCRP LGP Permit arid Appeal Jurisdiction map (on file in the Planning Division) California Coastal Commission - San Diego Coast District Office MMRPs per Final EIR 03-05 for CSDP and other project approvals as applicable. Zoning Ordinance Chapter 21.36 - 21.36.100 % X X X X X X X £ X X X Encina Power Station Precise Development Plan - PDF 00-02(BBC) August 19. 2009Soptombor 7.2011 October 5. 2011 Hofman Planning and Engineering Page 31 PERMITTED USES Permitted uses within the PDF shall be based on the following allowances and/or criteria: • Consistency with the PDP, including the existing uses for the subject Planning Area as established by the Precise Development PlonPDP including Chapter II. B. • Consistency with the Carlsbad General Plan, Encina Specific Plan, and Zoning Ordinance, including the permitted uses and structures as outlined by the Public Utility Zone, Section 21.36.020. • Consistency with the South Carlsbad Coastal Redevelopment PlonSCCRP, including Section VI. (600), Uses Permitted in the Project Area. • Consistency with the Local Facilities Management PlanLFMPs for Zones 1 and 3. • Consistency with the Agua HediondaAHL Land Use Plan. • Consistency with the Scenic Corridor Guidelines. • Compliance with all applicable local, state, and federal permits, including any Coastal Development Permit compliance, if applicable, shall be maintained. • Consistency with applicable environmental documents, including MMRPs. It should be noted that the EPS is not considered a permitted use within the PDP. It is not consistent with the General Plan or the Zoning Ordinance. Further information about the EPS in relation to land use standards may be found in the Introduction and in chapters I and III of this PDP. In addition to the permitted uses listed in the Public Utility Zone, Coastal Rail TroilCRT alignments, when associated with future entitlement efforts by the City of Carlsbad and implementation of trail planning programs, shall also be considered permitted uses. CONDITIONAL USES Conditional uses within the PDP shall be based on the same allowances and/or criteria as permitted uses, except as modified below: • Consistency with the Carlsbad Zoning Ordinance, including procedures and required findings outlined in Chapter 21.42 (Conditional Uses) and Section Encina Power Station Precise Development Plan - PDP 00-02(BiC) August 19. 2009Soptombor 7, 2011October 5. 2011 Hofman Planning and Engineering Page 32 21.36.110 (Uses and structures permitted by conditional use permit) of the P- U Zone. Conditional Use Permits approved in accordance with these provisions shall make the required finding that the proposed conditional use is consistent with this Precise? Development PlanPDP. LOT COVERAGE The table below reflects compliance with the maximum allowance of 50% lot coverage. The difference between the existing and proposed data reflects the CSDP and SLS. EXISTING LOT COVERAGE - EPS Buildings Paved Area Landscaped Area Unimproved Area Total Acres 11.96 24.42 20.64 38.06 95.08 Percentage 12.58 % 25.68 % 21.71 % 40.03 % 100% PROPOSED LOT COVERAGE - EPS with Approved CSDP Buildings Paved Area Landscaped Area Unimproved Area Total Acres 14.57 25.50 22.14 32.87 95.08 Percentage 15.3% 26.8% 23.31% 34.6% 100% LOT COVERAGE - Sewer Lift Station Proiect* Buildings Paved Area Landscaped Area Unimproved Area Total Acres 14.82 26,20 22.65 33,87 97.54 Percentage 15.58% 27.25% 23.67% 33.50% 100% *Based on LOT COVERAGE - EPS with Approved CSDP Encina Power Station Precise Development Plan - POP 00-02(BBC) August 19.2009Septembor 7,2011 October 5.2011 Hofman Planning and Engineering Page 33 PARKING, LOADING, AND REFUSE COLLECTION AREAS • These areas should continue to be visually screened from public view through the use of existing fencing and landscaping. • Loading, storage and refuse collection should be placed to the rear or sides of the building they serve. • Outdoor refuse collection and permanent loading areas visible from public areas should be visually screened, as necessary, to a height up to 10 feet. Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within Planning Area 1 of the Precise Developrrient PlonPDP. The 174 existing spaces constitute the PDP's baseline parking supply as depicted on Exhibits 8 and 9. The desalination demonstration facility utilizes 23 of the existing spaces onsite, and maximum parking demands of the existing EPS uses require 112 parking spaces. Therefore, the current baseline demand for parking spaces is 135 when combining all existing uses (including the demonstration facility). At full operation, the CSDP will require 13 parking spaces, a number sufficient for plant employees, visitors and vendors. Accordingly, a 22-space parking lot is proposedhas been approved on the CSDP site, which exceeds the minimum parking requirement. Once the CSDP is operational, the seawater desalination demonstration facility will be removed and the 23 parking spaces it now occupies will again be available. The 112 spaces required by current EPS uses, combined with the future 13 space parking need required by the CSDP produces a total demand for 125 spaces, which are accommodated by the current baseline of 174 parking spaces plus the 9 extra spaces provided at the CSDP (for a total of 183 available parking spaces). The SLS will not require any existing parking spaces. There will be sufficient asphalt pavement surrounding the SLS to accommodate the maintenance vehicle that will monitor and service the SLS. Because of the unique uses at the EPS, determination of parking needs for facilities within the PDF may require case-by-case basis analysis based on employee numbers, hours of operations, and other factors. In addition, when applicable, the parking standards of Zoning Ordinance Chapter 21.44 shall be followed. LANDSCAPING Encina Power Station Precise Development Plan - PDP 00-02(BS2) August 19. 20Q9Soptember 7, 201 IQctober 5.2011 Hofman Planning and Engineering Page 34 A landscape plan may be required prior to building permit issuance. The following criteria and objectives shall guide landscape review and implementation: • Landscaping shall be provided per the requirements of Section 21.36.090 of the Carlsbad Municipal code, which requires landscaping with irrigation systems within setbacks, where feasible, • Consistent with the City of Carlsbad Landscape Manual, minimum plant sizes for onsite plantings, where visible to the public, shall be as follows: 15 gallon for trees, 5 gallon for woody and massing shrubs and 1 gallon plants for color and accent shrubs/flowers. • Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of way shall be consistent with the scenic corridor and railroad corridor themes per the Carlsbad Landscape Manual to enhance the visual character of area. • When parking is visible from Carlsbad Boulevard, landscaping shall screen views of parking from passing motorists and pedestrians. • Perimeter landscaping, trees or shrubs that are diseased, dying or removed shall be replaced with similar plants of equal or better screening ability in a timely manner to the satisfaction of the Planning Director. GRADING • Grading in the visible areas surrounding the lagoon and plant should utilize natural contour as opposed to hard, angular or extreme grading concepts, whenever feasible. Any grading should preserve and enhance natural appearances of areas visible to the public to minimize visual impacts. • Grading shall comply with all City and Coastal—CommissionCCC requirements. ARCHITECTURE & BUILDING MATERIALS The form and design of any new structures, including the CSDP and SLS, would largely be determined based as a result of the visibility from offsite locations and applicable government requirements. The following architectural guidelines apply only to the EPS's perimeter, and other publicly visible components of the Precise Development PlanPDP area. • Future buildings and structures, and additions and alterations to them or to existing buildings and structures, should be sited and designed in a compatible manner with the EPS's surroundings, which include the overall Encina Power Station Precise Development Plan - PDP 00-02(BSC) August 10.20Q!)Soptombor 7.2011 October 5, 20] 1 Hofmun Planning and Engineering Page 35 42. lagoon and ocean environment, views from scenic corridors, public recreation and open space areas, and established residential neighborhoods. • Building materials and finishes should also reflect compatibility with surroundings. It is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow these guidelines. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with one or both of these guidelines is unnecessary. SETBACKS Exhibits 8 and 9 of this document depict minimum required setbacks for the PDF area. However, similar to the architectural criteria outlined above, it is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow setback requirements. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with setback requirements is unnecessary. All setbacks noted below are required minimums. • Carlsbad Boulevard: 50' setback from the Carlsbad Boulevard right of way is depicted on Exhibits 8 and 9. • Agua Hedionda Lagoon: 50'setback from the property line along the shoreline of the Lagoon. In cases where the top of the bluff is greater than 50 feet from the property line, the top of bluff shall mark the minimum setback from the Lagoon. • Interstate 5: 25' setback from Interstate 5 right of way. Encina Power Station Precise Development Plan - PDP 00-02(BBE) August 19.2009Sopteinbor 7. 201 IQctober 5. 2011 Hofman Planning and Engineering Page 36 4-3 • Setback requirements do not apply to: • Future potential Coastal Rail TrailCRT alignments. • Desalination facility pipeline alignments. • SLS pipeline alignments and support bridge. • Reasonable modifications or expansion of existing minor structures and improvements, including fencing and screen walls, utility poles and towers; support structures (i.e., guard stations and aquaculture buildings); detention basins, piping, and underground structures (i.e. oil pumping stations); mandated pieces of equipment (i.e., pollution control facilities) or other minor structures dictated by regional, state or federal agencies; equipment required to support existing operations (i.e. discharge basin, intake system and dredge support equipment); and security measures. • At the discretion of the Planning Director, setbacks for the above facilities may be required for public health, safety, and welfare purposes, such as to allow adequate vehicle stacking or safe site distances. G. PUBLIC IMPROVEMENTS A. OVERVIEW Since the provision of necessary public improvements is one of the primary purposes of a Precise Development PermitPDP per Zoning Ordinance Section 21.36.010 (3), this overview provides a summary of compliance. Public improvements for the CSDP will be secured through compliance with conditions of approval consistent with permits issued for activities within the PDF area. In addition, EIR 03-05 analyzed certain improvements for environmental impacts and found no significant impacts will result from their implementation. These improvements are | described in detail in the EIR document, including on pages 3 28 and 3-29; they are referenced herein to indicate their required implementation for consistency with this PDP. These improvements (using EIR 03-05 references, and also depicted on Exhibit 5 of this document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public parking area. The EIR also addressed improvements regarding Carlsbad Boulevard widening generally south of the PDP boundary, and installing a screen wall and landscaping for the EPS frontage along Carlsbad Boulevard. Encina Power Station Precise Development Plan - PDP 00-02(BB£) August 19.20QOSeptembor 7. 201K)ctober 5<2011 Holinan Planning and Engineering Page 37 The proposed SLS will not require any public improvements. As part of the approval of PDF 00-02(B) and RP b5-12(AV for the EPS and CSDR appropriate public improvement conditions were imposed along and within the PDF and SP 144. As noted in Section lU G. the SLS has negligible if anv Growth Management impacts and does not warrant improvements to public facilities. Encina Power Station Precise Development Plan - POP 00-02(BgC) August 19.2009Septembor 7. 2011 October 5.2Q] 1 Hoftnan Planning and Engineering Page 38 B. OTHER DOCUMENTS - DEVELOPMENT AGREEMENT Another mechanism that aaay-will generate public improvement enhancements would bois the approval approved ei-arDevelopment Agreement (DA 05-01 (A)) that involves the City of Carlsbad and Poseidon; the Development Agreement is also discussed in Section HI. JK. within this document. H. PROCEDURES AND AMENDMENTS A. CITY CbUNCILPDP APPROVAL OF PRECISE DEVELOPMENT PLAN In accordance with Section 21.36.040 of the Public Utility Zone, the Precise Development P4aaPDP requires public hearing approval by the City Council, after recommendation action by the Planning Commission. The City Council approval of the Precise Development PlanPDP on June 13, 2006, validates this document as the official PDP for the subject P-U zoned properties. The Precise Development PlanPDP was approved via City Council Ordinance NS-806. B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED USES Any request for building permit issuance or an entitlement within the Precise Development P4a»PDP area requires review for consistency with the Precise Dovelopment PlanPDP. Based on the location of the specific request, the Development Standards pertinent to the subject site outlined herein require assessment for compliance. Implementation of this document during building permit and entitlement review will assist the compliance with applicable mitigation measures from EIR 03-05 and the MMRP for the CSDP. and the MNP and MMRP for the SLS. the Precise Development Plan PDP and the various other permits and regulations affecting the PDP jurisdiction. Coordination with other agencies may be necessary in certain cases. C. FORMAL AMENDMENTS TO APPROVED PRECISE DEVELOPMENT PLAN Examples of the types of projects or land uses that would require a formal Precise Development Plan PDP Amendment subject to City Council approval are listed below. The list is not all-inclusive; the intent is to provide examples of the scale and magnitude of development that would mandate formal amendment to the PDP. • Construction of a new power generating station and demolition Demolition of the existing station and staclcEricina Power StationEPS. Encina Power Station Precise Development Plan - PDP 00-02(BEC August 19.2009Soptomber 7. 201 1 October 5. 2011 Hofrnan Planning and Engineering Page 39 • A proposal by a government entity or by a company authorized or approved by the Public Utilities Commission to construct an electrical generating facility that is an accessory use and has a generating capacity of fewer than.5.0 megawatts-, • Any expansion of the desalination facilityCSDP to accommodate more than 50 MOD (million gallons per day). . • Any proposal for re powering, or other technological restructuring of the Eneina Power Station or desalination facilityCSDP. • An amendment initiated by City Council action in order to promote public health safety and welfare relative to operations or uses within the PDF jurisdiction. • Any addition, expansion, major modification or change of use to the Eneina Power Station or desalination facility, existing power generating station components, or oil storage tanks, that would exceed the amount of change permitted by administrative approval consistent with Carlsbad's Planning Department Division Policy No. 35 regarding substantial conformance review (see VI. D. below). Formal amendments to the PDF shall be processed in accordance with the requirements of Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City Council approval. Requests for aa formal amendment to the PDF shall be submitted to the Planning Department Division accompanied by necessary graphics, statements and other information including proposed PDF text and exhibits to support the proposal. Pursuant to SP 144, a formal amendment to the PDF also requires an amendment or comprehensive update to SP 144, as determined by the City Council. D. CONSISTENCY DETERMINATION WITH APPROVED PDF Certain improvements, modifications, maintenance activities or other future proposals may be considered minor in nature and found to be consistent with the Precise Development In these circumstances, building permits may be issued without formal amendment to the Precise Development PlanPDP. The process to determine consistency with the PDF shall be according to Planning Department Division Policy No. 35, Discretionary Permit Consistency Determination (attached asrcferenced in Appendix €?D), as amended from time to time. Eneina Power Station Precise Development Plan - POP 00-02(BEC) August 19. 2009Septembor 7. 2011October5. 2011 Hofman Planning and Engineering Page 40 Approval of a consistency determination naaV: warrant text arid/or graphic changes to the PDF. Encina Power Station Precise Development Plan - PDP 00-02(RBC) August 19. 20Q9Soptombor 7, 201 IQctober 5. 2011 Hofman Planning and Engineering Page 41 i. APPENDIX ITEMS k. A: ENCINA POWER STATION/SPECIFIC PLAN 444; BACKGROUND HISTORY L B: DESALINATION PLANT: DETAILED EXHIBIT^ AND 'DRAWINGS m.C; CITY COUNCIL ORDINANCE NS n. P: CARLSBAD BOULEVARD AND NORTfl COUNTY TRANSIT DISTRICT RAILROAD RIGHT OF WAY: APPLICABLE SCENIC CORRIDOR GUIDELINE EXCERPTS o. E: HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION APPROVING RP 05 12(A) WITH CONDITIONS p. F: MITIGATION MONITORING AND REPORTING PROGRAM AS ADOPTED BY CITY COUNCIL RESOLUTION 2006 q. G: PLANNING DEPARTMENT POLICY NO. 35 r. H: SP 144(JN) I: CITY COUNCIL ORDINANCE CS 058 INCLUDING PLANNING COMMISSION RESOLUTION NO. 6632 APPROVING PDP 00 02(B) WITH CONDITIONS. sJ. : J: CITY COUNCIL ORDINANCE CS XXX, INCLUDING PLANNING COMMISSION RESOLUTION NO. XXXX APPROVING PDP 00 02(E). Encina Power Station Precise Development Plan - PDP 00-02(BBC August 19.20Q9S&ptembor 7. 201 IQctober 5. 2011 Hol'man Planning and Engineering Page 42 Oceanside Encina Power Station Carlsbad \ La Jolla Valley Center Ramona Santee El Cajon Pacific Coronado aQfth O Imperial Beach Mole All feuUenwipprmnult. REGIONAL MAP Endna Power Station Precise Development Plan Exhibit 1 City ofOceanslde Carlsbad City Limits Endna Power Station "0s City of Vista City of San Marcos N«e Ai foatura «r« ipfxtumuit VICINITY MAP Encina Power Station Precise Development Plan Exhibit 2 ^3 A« $ g 2 9 3o o. *•2 H w I % -O § "•»- a wo. w s 2°J5 XI <U(I) a. n B o 4 ^5; *-• c r2li 62, g'llO 35KfiaDU w <n Hi Htil ISa fcIIl II ll J I !ZBSQb3 £•* UCt 3*|g &<cn^jgtf 02acS 5w u U I §01£ —« »*»SJD Deve O u *£ wot^*4 GLt JO 8 o'<J -74 o a -3*0* SS« «o23*ed| ffiw g* g 1 ORDNANCE NO. CS-168 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN 3 AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE ENCINA POWER 4 STATION, SEWER LIFT STATION AND ASSOCIATED PIPING ON PROPERTY LOCATED NORTH OF CANNON ROAD, 5 SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL 6 FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 7 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 8 CASE NO.: SP 144(L) 9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 10 considered a request to incorporate Precise Development Plan 00-02(C) for the Encina Power 11 Station and Sewer Lift Station into Encina Specific Plan 144; and 12 WHEREAS, said application constitutes a request for a Specific Plan 13 Amendment shown on Exhibit "Encina Specific Plan Amendment - SP 144(L) attached hereto 14 and made a part hereof; and 15 WHEREAS, the City Council of the City of Carlsbad has reviewed and 16 considered Specific Plan Amendment SP 144(L) for the Encina Specific Plan; and 17 WHEREAS, changes proposed to SP 144 makes only minor text and graphic 18 changes to the Encina Specific Plan document, which are shown in back-shaded strikethrough 19 to indicate words to be deleted and in back-shaded underline to indicate words to be added; and 70 WHEREAS, after procedures in accordance with requirements of law, the City 21 Council has determined that the public interest indicates that said SP 144(L) be approved; and 22 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 23 Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to 24 consider Specific Plan Amendment SP 144(L), and adopted Planning Commission Resolution 25 No. 6755, recommending approval of Specific Plan Amendment SP 144(L); and 96 WHEREAS, the City Council did on the 6th day of December 2011, hold a dully 27 noticed public hearing as prescribed by law to consider said request; and 28 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Council considered all factors 3 relating to the Specific Plan Amendment. 4 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 5 follows: SECTION I: That the above recitations are true and correct. 6 SECTION II: That Specific Plan Amendment 144(L) dated October 5, 2011, on 7 file in the Planning Department, and incorporated herein by reference, is approved. SP 144(L) 8 shall constitute the development plan for the property and all development within the plan area 9 shall conform to the plan. 10 SECTION III: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6818 shall constitute the findings and conditions of the City Council. 13 EFFECTIVE DATE: This ordinance shall be effective thirty days after its14 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be i. J published at least once in a publication of general circulation in the City of Carlsbad within16 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Citylo Council on the 6- day of December 2011, and thereafter. 20 '" 21 '" 22 '" 23 '" 24 /// 25 '" 26 »< 27 '" 28 -2- n<z 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the _ day of _ 201 1 , by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 APPROVED AS TO FORM AND LEGALITY 8 " 9 u RONALD R. BALL, City Attorney 10 MATT HALL, Mayor 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk15 y IA (SEAL)lo 17 18 19 20 21 22 23 24 25 26 27 28 -3- Exhibit X-SP 144(ftL) September 7, 2011 City of Carlsbad Encina Specific Plan 144 Amended and Restated with Amendment 144(KNL), per City of Carlsbad Ordinance No. CS-±4SXXX, adopted on XXXMay 24. 2011 (*Note: The amendments associated with SP 144(L) only are back-shaded. The amendments shown that are not back-shaded were previously adopted by the City Council, as SP 144 (N) on October 11,2011 (CS-160). They are included here for informational purposes only, and are pending City Council action.) B\ City of Carlsbad Specific Plan 114 (as amended and restated by Ordinance No. CS 148XXX with 144(KN)) I. INTRODUCTION A. PURPOSE The purpose of this Specific Plan (SP 144) is to (1) set forth the existing land uses and land use regulations applicable to the area of Carlsbad which includes the Agua Hedionda Lagoon and certain areas near the lagoon, including the Encina Power Station; and (2) maintain the conditions and regulations of previous Specific Plan Amendments A through K&N. Pursuant to Carlsbad City Council Ordinance CS 148 the purpose of this amendment to Specific Plon 114, described as Specific Plan 144(K), is te- -t; Incorporate the provisions of Carlsbad Municipal Code (CMC) Chapter 21.209—Cannon Rood Agricultural and Open Space (CR A/OS) Zone into Specific Plan 144. 2r. Revise Exhibit C to identify lands within SP 144 which arc subject to "Proposition D—Preserve the Flower and Strawberry Fields and Save TGxpoycr's Money" and the Connon Road Agricultural/Open Space (CR A/OS) Zone. 3-. Maintain the conditions and rcgulotionG of previous Specific Plan Amendments A through H. B. HISTORY Specific Plon 144 (SP 144} was originally adopted in City of Carlsbad Ordinance 9279 on August 3, 1971. The purpose of the Specific Plan was to provide rules and regulations for the orderly development of 680 acres of land located East of the Pacific Ocean and South of the North Shore of the Agua Hedionda Lagoon, and North of what is now Cannon Road, and provide design and development guidelines for the expansion of the power plant, then owned by San Diego Gas & Electric Company. The property covered by the original Specific Plan 144 was described in Ordinance 9279 as: Encina Specific Plan 144WL) A portion of Lot F of Rancho Agua Hedionda in the County of San Diego and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of Carlsbad, and a portion of Block "W" of Palisades No. 2, Map 1803 in the City of Carlsbad, County of San Diego, State of California; also being parcel 6, page 07, Book 206; Parcels 24,25,26, and 27, Page 01, Book 210; Parcel 21, Page 21, Book 211, and Parcel 14, page 01, Book 212, of the Assessor's map of San Diego County, and more particularly described in application on file in the Office of the City Planner. As originally adopted, the Specific PlonSP 144 placed 13 conditions of development on the subject property and provided for methods of enforcement. On December 4, 1973 the Carlsbad City Council passed Amendment A to Specific PlanSP 144 in Ordinance 9372 to allow for the construction of a 400-foot stack and removal of the four existing stacks at the Encina Power Station. This amendment became null and void one year later. On May 4, 1976 Specific PbnSP 144 was amended again (Amendment B) by the City Council's passage of Ordinance 9456 to permit the construction of a single 400-foot stack at the Encina Power Station to replace the four existing stacks. Amendment B provided a finding that "all conditions of City Council Ordinance 9279 have been complied with and this amendment is consistent with said ordinance and the provisions of the P-U zone." Amendment B to Specific PlanSP 144 added condition 14 which created design, development, and other requirements for the construction of the 400-foot stack, the removal of the existing stacks, and operation of the power station. Amendment B also provided an exemption to the 400-foot stack and duct work and screening to the 35-foot height limit established by Condition Number 5 of Ordinance 9279. Amendment C of Specific PlanSP 144 was adopted on May 3, 1977 by City Council Ordinance 9481 to allow for the construction of water treatment facilities and a maintenance building at the Encina Power Station. Amendment C added condition 15 regarding the development of the water treatment facilities and the maintenance building and amended the map of the specific plonSP 144 area. Between 1978 and 1993 three additional amendments to Specific {%*£>£ 144 were applied for and withdrawn by SDG&E for changes to the Encina Power Station. Amendment D was proposed to allow connection of unit 5 to the stack, but it was determined that the connection was already allowed and so the amendment was not necessary. Amendment E proposed various improvements to the facility, and Amendment F proposed the Encina Specific Plan 144WL) addition of a green waste facility. Amendments D, E, and F were all withdrawn and were not incorporated into the Specific PlcmSP 144. On January 16, 1996 the Carlsbad City Council adopted Ordinance NS- 345 amending Specific PlonSP 144 (Amendment G) to remove 24.2 acres of land from the Specific PlonSP J44 area. The map of the Specific Plan area was revised to reflect the removal of the acreage. In 1999, SDG&E sold a significant portion of its holdings within Specific P4aflSP 144 to Cabrillo Power I LLC. Property sold included the Encina Power Station and outer, middle, and inner basins of the Agua Hedionda Lagoon. SDG&E retained ownership of much of the property within the Specific PteftSP 144. including land east of Interstate 5 and along the lagoon's south and east shore, the SDG&E construction and operations center located south of the power station, and property along the lagoon's north shore west of Interstate 5. June 13. 2006. the Carlsbad City Council adopted Ordinance No. NS-805. approving Specific PlaSP-R- 144(1-1) to incorporate Precise Development Plan PDP 00-02 for accommodated the Carlsbad Seawater Desalination Plant in the Specific Plan and on the and the Encina Power Station site. In 2007, Specific PlonSP 144 (I) was submitted by Carlsbad Energy Center LLC as part of their proposal for power regeneration onsite. This application is pending and may be superseded by the California Energy Commission and related procedures. On September 22, 2009X the Carlsbad City Council adopted Ordinance No. CS-057 approving Encino Specific Plon SP 144(J) to incorporate Precise Development Plan PDP 00-02(B)7 for modifications to the the Encina Power tation and Carlsbad Seawater Desalination Plant. On May 24. 2011. the Carlsbad City Council adopted Ordinance No. CS-148. approving SP 144(K) and incorporating the provisions of Carlsbad Municipal Code (CMC) Chapter 21.209 - Cannon Road Agricultural and Open Space fCR-A/OS) Zone into Specific PlanSP 144. CS-148 also revised Specific Plan 144 Exhibit C to identify lands within SP 144 which are subject to "Proposition D - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" and the Cannon Road Agricultural/Open Space (CR- A/OS1 Zone. Encina Specific Plan 144WL) On October flv2011^the Carlsbad City CbutfcH adopted Ordinance No. CS-160> approving SP l44YL\ to incorpereteificorpbratina Application. SP mfU has boon submitted fdr a proposed, project, the Agua Hedionda Sewer Lift Station and Trunk Lino, Force Main and Gravity Sewer Replacement project. SP 144 (M) has been withdrawn. On &OGO£October. 2011, the Carlsbad City Council adopted Ordinance No. CS-)Q(X16d. approving SP 144fM to delete and modify Specific Plan provisions regarding generation of electrical energy and Encina Power Station consistency with city land use standards. These changes clarify the Encina Power Station is not consistent with the General Plan and Zoning Ordinance. C. PHYSICAL SETTING The Specific Plan 141 (SP 144} area is generally bound by public beach areas and the Pacific Ocean to the West, the North Shore of the Agua Hedionda Lagoon on the North, and Cannon Road on the South. The east end of the Specific Plan is bisected by Cannon Road and contains wetland and upland areas east and south of the lagoon. A map showing the boundaries of the Specific Plan area is shown as Exhibit A attached to this document. The SP 144 area incorporates the Agua Hedionda Lagoon on the West and East sides of the 1-5 Freeway and includes agricultural/open space land in the southeast, and the Encina Power Station in the West. The 1-5 freeway bisects the Specific Plan area and the AT&SP/North County Transit District Rail Corridor parallels the 1-5 Freeway in the Western part of the Specific Plan area and bisects the Encina Power Station. Additionally, Carlsbad Boulevard is located along and just inside the west Specific Plan boundary and separates the Encina Power Station from the Pacific Ocean. A small portion of the Specific Plan is located west of the freeway and along the lagoon's north shore. The Specific PlanSP 144 Boundary is shown in Exhibit A. The distribution, location and extent of the uses of the land, including open space within the area covered by this Specific Plan, are shown in Exhibit B. II. INFRASTRUCTURE The Specific PlonSP 144 area is generally characterized by the Agua Hedionda Lagoon, Encina Power Station and agricultural land. The following Encina Specific Plan 144WL) Page 5 Ov- description provides the existing distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage and solid waste disposal, energy, and other essential facilities located within the area covered by the plan, and which support the existing land uses described in the plan. PDF 00-02 (BiC), referenced in this Specific Plan, provides information on the Carlsbad Sea water pc-Galination Project and associated infrostructurcSewer Lift Station prblecf fSJ-SX which were approved concurrently with amendment 144QL) to this Specific Plan. POP 00-02(BEC) also provides details regarding the existing Encina Power Station and approved Carlsbad Seawater Desalination Plant. The proposed SLS crosses SP 144 from north to south and is parallel to and east of the railroad corridor. The project consists of a lift statiori located on an approximate 2.3 acre area on the north end of the grounds of the Encina Power Station. Within SP 144. the project also includes pipelines to convey sewer, recycled water, and potable water and a new pipe support bridge over Aqua Hedionda Lagoon. The lift station/pi0elinMand"Bridqe will replace or supplement existing like Infrastructure. Additionally, pipelines will continue offsite of SP 144 and into surrounding areas to the north and south. The desalination project, which was approved with SP 144-jr(3). is located on the grounds of the Encina Power Station. Related infrastructure includes conveyance pipelines to carry desalinated water offsite of the power station (and thus outside the boundaries of fehe-PDP 00-02 and Specific PteftSP 144) and into surrounding communities. A portion of the different alignments for the pipelines would cross land within Specific PlonSP 144 south and east of the power station and east of Interstate 5. Since these offsite pipelines are not located within felre-PDP 00-02. they are subject to different permit requirements. However, outside the PDP area, there are no further infrastructure plans proposed to support any development of any existing undeveloped or open space areas within the Specific Plan area. Other thon the infrostructure contemplated in PDP 00 02(BE) and other pcrmitG related to the Carlsbad Scowotcr Desalination Project and not yet constructed, and any infrastructure referenced in the previously approved Local Facilities Monogcmcnt Plan described below, there arc no other planned or approved, but as yet unbuilt, changes or additions to infrastructure facilities in the Specific Plan area. Because additional growth and development within the Specific Plon arco is not proposed, there arc no further infrastructure plans proposed to support any development of any existing undeveloped or open space areas within the Specific Plan. Encina Specific Plan 144fftHD Page 6 Major infrastructure elements in the Specific PlanSP 144 area include electrical transmission lines emanating from the Encina Power Station and which extend across the Specific PtonSP 144 area to the East, the 1-5 freeway, the AT&SP/North County Transit District Rail tracks, Cannon Road and Carlsbad Boulevard. The power plant is served by general water and wastewater facilities that service the greater Carlsbad area. There are sewer and water lines and a gas main located within the Cannon Road right-of-way. A gas main and sewer force main also extend along the AT&SP/North County Transit District Rail tracks. Other public rights of way in the Specific PlanSP 144, such as Cannon Road and Carlsbad Boulevard, support additional infrastructure. As part of its Growth Management Program, the City of Carlsbad adopted the 1986 Citywide Facilities and Improvement Plan in order to implement the City's General Plan and Zoning Ordinance. This plan ensures that development does not occur unless adequate public facilities and services exist or will be provided concurrent with new development. A Local Facility Management Plan (LFMP) has been adopted for all but one of the 25 Facility Zones within the City. The SP 144 area is located within Zone 1, Zone 3 and Zone 13, for which the City has adopted LFMPs. Consistent with the Citywide Plan, each plan contains performance standards (i.e., thresholds) for public facilities and services. This provides the City with quantitative guidance as to whether or not a project will be in conformance with adequate public facility and service provision thresholds. Therefore, projects within the City of Carlsbad are subject to thresholds for circulation, city administrative facilities, fire, schools, libraries, park and recreation resources, open space, wastewater treatment capacity, sewer collection system, drainage/storm water system and water distribution. This Specific Pteft-SP 144 incorporates by reference the LFMPs for those parts of the Specific Plan area that fall within Zone 1, Zone 3 and Zone 13. There ore no present-proposals for additional development in the Specific Plan area and therefore there will be no additional need for infrastructure facilities at this time-beyond those required for the development in the PDP 00 02(BE) area. PDP 00-02(BiC) is consistent with the LFMP for Zone 1 and Zone 3, and infrastructure within the PDP 00- 02(B§C) area will be subject to requirements of PDP 00-02(BiC). All future development occurring with PDP 00-02C€C) or elsewhere within SP 144 will require analysis to determine consistency with the Growth Management Program, including relevant LFMPs. and infrastructure needs. III. DEVELOPMENT STANDARDS Encina Specific Plan 144CNU Generally, the development standards in this Specific PlonSP 144 are the same as the standards contained in the City of Carlsbad General Plan. This Specific PionSP 144 provides for the same Utility, Travel/Recreation Commercial, Residential High Density, and Open Space designations as are indicated in the Carlsbad General Plan as shown in Exhibit B attached to this document. Further, development standards for the Encina Power Station are contained in PDP 00-02(B€C). At this time, there is no odditionol development proposed for the lagoon or agricuiturol/opcnspace areas of Specific Plon 144. Regulations for the development of Specific PlonSP 144 tj=te-agricultural and open space areas are included in th+se Specific PlanSP 144 and in CMC Chapter 21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone, incorporated herein by reference. Standards and conditions for the Encina Power Station required as part of the original Specific PionSP 144 and Amendments A-G-iN_are indicated below. Items 1-13 were found to be complied with in the findings of City of Carlsbad Ordinance 9456. Any development proposed outside the PDP 00-02(B€C) portion of this Specific PlanSP 144 will require an amendment to this Specific PlanSP 144. Any additional development within the PDP 00-02(6€C) area will not require an amendment to or comprehensive update of this Specific PlanSP 144 unless it is considered a "formal amendment" as described in PDP 00-02(6€C). Specific Plan Amendments 144(A-_H7-JIN) established the following standards and requirements, (some of which have been satisfied as of the date of Specific Plan 144(KWC)): 1. That the granting of the requested zoning shall be subject to the remainder of the San Diego Gas and Electric property (portion Lot "F") being annexed to the City of Carlsbad. Also that the area designated on the Specific Plan as "Site of Future Power Plant," east of the freeway, be subject to Specific Plan approval at a later date. 2. All developments within the public utility zone shall be within the conditions specified therein and following. 3. Details concerning the leasing of park lands shall be agreed upon between San Diego Gas and Electric Company and the City within one year after the City has Encina Specific Plan 144WL) approved final rezoning. Location of baseball little league park and other athletic facilities shall be subject to specific plan approval at the earliest practicable date, it being understood that the present proposed location thereof is disapproved. 4. All buildings shall be subject to architectural review as prescribed in Ordinance No. 9268 prior to issuance of a building permit to assure a maximum amount of design compatibility with the neighborhood and existing facilities. 5. The heights of future power generating buildings ond transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. 6. All fuel storage tanks shall be recessed and used for those oils which, upon being consumed, shall not have a sulfur content exceeding .50 percent; being that percentage commonly associated with the term "low sulfur fuel oil." 7. Landscape and irrigation plans prepared by a registered landscape architect shall be submitted in conformance with Ordinance No. 9268 for the screening of existing facilities. Plans shall be submitted within two years and must provide a schedule for installation. 8-r-That the proposed site for a future power generating facility on the East side of Interstate 5 shall be planned- go OG to bo compatible with the present facility. The facilities shall moot the requirements of the State and Federal regulations ond sholl be environmentally compatible with the City of Carlsbad. •9r8.___AII signs shall be in conformance with City ordinances within 90 days. . Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light Encina Specific Plan 144M-) source. -rlO._Prior to any construction, detailed plans shall be submitted to the City of Carlsbad Fire Department to assure: a) Necessary fire protection requirements. b) Suitable access roads for fire fighting purposes. c) Necessary yard mains and fire hydrants. d) Other fire protection devices or appliances deemed necessary. the applicant dedicate right-of-way for that portion of the width of Cannon Road (102' R/W) which falls within the applicant's property East of 1-5. The alignment shall be subject to the approval of the City Engineer and Planning Director. •3r3rl2. That the following conditions of public improvements for Cannon Road and Carlsbad Boulevard be complied with: A. Carlsbad Boulevard. 1) Construct street improvements including curb, gutter, sidewalks, street lights and up to 20 feet of paving along each side where SDG&E property has frontage, excepting public beaches and property dedicated for public parks. Construction may be deferred until mutually agreeable to the City and the Company except that the safety of the driving and walking public will be considered. The improvements may be financed by assessment district. B. Cannon Road. 1) Construct full street improvements for Vz street from Carlsbad Boulevard to a point approximately 600 feet easterly of 1-5 along frontage owned by SDG&E, timing to be subject to approval of City, but in any event not before Encina Specific Plan 144(N-L) development of property adjoining the south side of Cannon Road or the institution of an assessment district. 2) Dedicate full right of way (102 feet) for that portion of Cannon Road easterly of 1-5 which falls within SDG&E property. 3) Construction of improvements easterly of B-l may be deferred until property easterly of 1-5 is developed. Agreement on grade development and spreading of construction cost shall be mutually agreeable to the City and the Company. The City policy for improvement of such streets shall be considered. C. Access roads shall be subject to City approval. 44rl3. In addition to the above conditions, the revised portions of the specific plan which permit the construction of the 400-foot stack and the removal of the four existing stacks shall be accomplished in accord with the revised specific plan SP-144B and shall be subject to the following conditions: (A) All applicable requirements of any law, ordinance or regulations of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. (B) All ground lighting shall be arranged to reflect away from adjoining properties and streets. (C) Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director for approval. (D) Air pollution equipment capable of monitoring ambient particulates, NOx and S02 concentrations and other emissions from the Encina Plant as well as air quality in the Carlsbad area shall be placed in service not later than six months following the effective date of this ordinance. The number of stations, type of equipment and location of stations shall be to the satisfaction of the APCD Control Officer and the City of Carlsbad. Should the Air Encina Specific Plan 144(NL) Pollution Control Officer of the San Diego County Air Pollution Control District require additional air quality or emissions monitoring equipment and funds for air quality analysis in connection with their current study of emissions from the Encina Power Plant, the applicant shall supply said equipment and funds as deemed necessary by the Air Pollution Control Officer. The cost of said equipment shall not exceed $150,000. The requested funds for air quality analysis shall not exceed $50,000 per year. (E) Any future measure required by the San Diego County Air Pollution Control District to lessen or otherwise control emissions from the Encina Power Plant are hereby incorporated as a part of this Specific Plan Amendment and SDG&E shall comply fully therewith. The costs of such measures shall be borne by SDG&E. (F) SDG&E will obtain a report of compliance from the City staff regarding the conditions of this ordinance and from the San Diego County Air Pollution Control Officer regarding compliance with the applicable conditions of the ordinance and with air quality standards, and forward it to the City Council five years from the date of this ordinance or as otherwise required by motion of the City Council, or the Planning Commission. The Planning Commission and City Council shall review the report with regard to conformance to the conditions of this ordinance and to regulations required by other applicable regulatory agencies, including, but not limited to, the San Diego County Air Pollution Control District, Public Utilities Commission and State Coastal Commission. The City reserves the right to amend this specific plan SP-144B as necessary to add conditions to ensure such compliance. After the initial report is filed the City Council may, by motion, require additional reports as they deem necessary. (G) In the event that the City of Carlsbad determines that the 400-foot stack is no longer necessary as a method of air emission dispersion, the 400-foot stack shall be removed at the applicant's expenses. The applicant may request an amendment to this specific plan to provide a reasonable extension of the period for such removal. Encina Specific Plan 144(WL) (H) The applicant shall make a formal commitment to conduct the studies necessary to determine what operating practices and/or emissions control devices are capable of eliminating the particulate "fallout" problem. A schedule for the completion of the studies shall be established which is satisfactory to the San Diego County Air Pollution Control District Officer, the Air Pollution Control District Hearing Board or Court of Law. SDG&E shall fully comply with the abatement order entered in petition No. 607. The applicant shall further agree to pay claims for property damage resulting from the "fallout" problem until compliance with the abatement order is achieved. The particulate "fallout" problem shall be controlled to the satisfaction of the City Council of the City of Carlsbad and of the Air Pollution Control Officer prior to the final building permit clearance for Encina 5 and the single stack. (I) Not later than eight months after the Building Inspector signs the final inspection for the 400-foot stack, the four stacks on the existing Encina Power Plant shall be completely removed. (J) SDG&E shall file an annual report with the City Council regarding improvements in plant and operating procedures during the preceding year which reduce the emission of air pollutants resulting from the operation of Encina Units 1, 2, 3 and 4. (K) SDG&E shall operate the plant in full compliance with all air quality standards as are or may be established by the APCD. If the monitoring stations indicate the standards are being exceeded at any time, SDG&E shall comply with all directions of APCD to reduce, through any reasonable means, pollutants from the plant. (L) In the event SDG&E files for a variance or other form of administrative or legal relief from the requirements of APCD, they shall concurrently forward a copy of any such filing, or any subsequent communications in connection therewith, to the City of Carlsbad. Encina Specific Plan 144(WL) 4-5rl4. In addition to the above conditions, the revised portions of the specific plan which permits the construction of water treatment facilities and a maintenance building shall be accomplished in accord with the revised specific plan SP-144(C) and the plot plan marked Exhibit A, dated January 31, 1977, attached hereto and made a part hereof, and shall be subject to the following conditions: A. The water treatment ponds shall be constructed and maintained to the following standards to minimize the likelihood of the ponds serving as mosquito breeding sources: 1. Confine standing water impoundment to as small an area as possible. 2. All pond areas shall be lined with a nonporous material acceptable to the City Engineer. 3. Maintain a removal program of dense aquatic vegetation, such as cattails, bulrush, tule, pondweed, etc. 4. Maintain a mosquito fish (Gambusia affinis) population, as necessary. 5. Maintain routine (weekly) inspections of water impoundments to detect mosquito breeding. 6. Abate any mosquito breeding, as it is detected. B. Prior to the issuance of building permits for the maintenance building, the applicant shall submit a plot plan to the Planning Director for review and approval showing which existing shops and storage activities are to be removed and consolidated into the new structure. Standards and criteria by which development will proceed at the Encina Power Station are set forth in POP 00-02 (B£C) (adopted concurrently with Specific Plan amendment 144(WL)) and are hereby incorporated into this document by reference. The Public Utility (P-U) zoning district, Zoning Ordinance Chapter 21.36, is the primary source of the standards and Encina Specific Plan 144WL) conditions established within PDF 00-02 (BEG). Other standards and conditions in PDF 00-02 (B€C) originate from related regulations and documents discussed in Chapter III of POP 00-02 (6€C). The EPS is not a permitted use in the P-U zoning district or within the boundaries of PDP 00-02(E). Further, both the P-U Zone and PDP 00-02(E) clarify generation of electrical energy is permitted in the Coastal Zone only if (1) by a government entity or by a utility company authorized or approved for such use by the California Public Utilities Commission and (2) it is an accessory use that generates fewer than 50 megawatts. Both the P-U Zone and PDP 00-02(E) also clarify that a generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. Further information about the EPS may be found in the Introduction and in chapters I and III of PDP OQ-02(E). As described in PDP 00-02 (B€C), any formal amendments to PDP 00-02 (B€C) will be incorporated into the Specific PlonSP 144 and will require an amendment tox or comprehensive update of. this Specific PlonSP 144 as determined bv the City Council. Encina Specific Plan 144(WL) Other land use regulations applicable to Specific PlanSP 144 include the following: • The Agua Hedionda Land Use Plan. Specific PlonSP 144 is entirely within the boundaries of the Agua Hedionda Land Use Plan, which is part of the City's Local Coastal Program, • The South Carlsbad Coastal Redevelopment Plan (SCCRP). The SCCRP encompasses within its boundaries the western half of Specific Plan 144, including a portion of the agricultural land east of 1-5 and the majority of the area west of 1-5 (including the Encina Power Station). • The Cannon Road Agricultural/Open Space Zone (CMC Chapter 21.209). A portion of the SP 144 area east of 1-5 is included in the Cannon Road Agricultural/Open Space (CR-A/OS) Zone and all development and uses in this portion of the Specific Plan shall be subject to the provisions of that zone. Furthermore, Specific PlonSP 144 requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). IV. IMPLEMENTATION Specific PlonSP Amendment 144(9M_) authorizes no new development in the Specific PlanSP 144 area over and above that allowed by Precise Development Plan Ou-02(B€C_). The City of Carlsbad has instituted zoning regulations for the area covered by Specific PlanSP 144(jWU). In the future, any amendment to the Carlsbad Zoning Ordinance affecting an area covered by this Specific PlanSP 144 will require zoning to be consistent with this Specific PlanSP 144 per Government Code section 65455. On June 11, 2002, the City Council, in Agenda Bill 16.790. directed ttiat any applicant of a proposed prelect within SP 144 prepare a comprehensive update of SP J44. Waiving this requirement or allowing an applicant to process an.amendment td rather than a comprehensive update of SP 144 shall be at the discretion of the City Council V. RELATIONSHIP TO THE GENERAL PLAN Encina Specific Plan 144(&L) SP 144 incorporates the Carlsbad General Plan land use designations for the area covered by the Specific PianSP 144. The Specific Plan is therefore consistent with the General Plan as shown in Exhibit B attached to this document. It should be noted that zoning of certain areas covered by SP 144 is not consistent with General Plan land use designations. Zoning of theJ SP ±44 area is shown in Exhibit C attached to this document. The General Plan for the City of Carlsbad designates the land contained in the SP 144 area as RH "Residential High Density," U "Public UtilitvUtilities." OS "Open Space," and T-R "Travel/Recreation Commercial." The Encina Power Station is designated U and the majority of the remaining Specific PianSP 144 area is designated OS. The General Plan Land Use element describes the U designation's primary functions as follows: T-ke General Plon states that the Utility designation's "primory functions include such things OG the generation of electrical energy, treatment of wostc wotcr, ond operating facilities, or other primary utility functions designed to serve oil or o substantial portion of the community." Primary functions may include such uses as the treatment of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community. A primary function designed to serve all or a substantial portion of the community may also include the generation of electrical energy if it is located outside the Coastal Zone but only if it is conducted bv a government entity or by a company and such use is authorized or approved by the California Public Utilities Commission. The Specific PianSP 144 provides regulations for the development of the Encina Power Station which provides "generation of electrical energy," and incorporates the PDP 00-02(B€C). The POP serves as a permit for the Carlsbad Seawater Desalination Project, which is a "primary utility function designed to serve all or a substantial portion of the community," by augmenting potable drinking water supplies for the City of Carlsbad. The SP 144 also serves as a permit for the SLS Project. The SLS would provide a sewer facility that is designed of a size adequate to convey the future anticipated build-out demand of portions of the sewer service area for the €fty-citles of Carlsbad and Vista. Thus, the power station and desalination plant and SLS arc uses are consistent with the provisions of the General Plan. Other than the approved desalination plant and the proposed SLS. Specific Plan 144(3M.) authorizes no additional development. The Encina Power Station is not consistent with the General Plan Public Utilities designation since its primary function is generation of electrical energy and it is located within the Coastal Zone. Encina Specific Plan 144WL) Page 17 ?7 Additional areas covered by SP 144 include the Agua Hedionda Lagoon, property along the north shore of the lagoon and west of Interstate 5, the agricultural/open space area East of the 1-5 freeway along the lagoon's south shore, and wetland and upland areas at the east end of the lagoon on either side of Cannon Road. The majority of these additional areas are designated Open Space. SP 144(K) includes included a revision to Exhibit C to identify lands within SP 144 which are subject to "Proposition D - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" and the Cannon Road Agricultural/Open Space (CR-A/OS) Zone. The specific plan does not provide for any new development to occur in these areas, which besides Open Space are designated as Travel/Recreation Commercial, and Residential High Density. In doing so, the Specific Plan-SP 144 maintains consistency with and enables implementation of the goals of the Land Use and Open Space Elements of the Carlsbad General Plan. Encina Specific Plan 144WL) o 0) </> •o re cre Q. 20)c O 8 COQ. CO C 0)Q. O COo CO High Density Resident!^a: 8t_0)Travel/Recreation ComPublic UtilitiesC£ ^- ~>ning AreaOpen Space Zone pursuant to Proposition "D"^ ~^_ CO COa. ^Precise DevelopmentCannon Road AgricultirxT| !,<'- -~\| t^^/ iJ ^trawberry Fields and Save Taxpayer's MoneyCO -o Preserve the Flower a. • 11 m fo/ /7-^5 1 RESOLUTION NO. 2011-276 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE MITIGATED 3 NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE 4 CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION 5 (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND 6 WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 8 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 9 CASE NO.: POP 00-02(CV SP-144(L)/HDP 10-05/HMP 10-03 10 The City Council of the City of Carlsbad, California, does hereby resolve as 11 follows: 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 13 Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law 14 to consider a MND and MMRP, and adopted Planning Commission Resolution No. 6753, 15 recommending adoption of the MND and MMRP; and 1" WHEREAS, the City Council and Housing and Redevelopment Commission held 17 a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of 18 the MND and MMRP; and 1 Q WHEREAS, the Planning Director requested a continuance of the project to give 70 staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. 21 Ronald W. Rouse, special counsel to NRG Energy, Inc.; and 22 WHEREAS, after staffs presentation and public testimony, the City Council and 23 Housing and Redevelopment Commission kept the public hearing open to allow new information 24 and testimony to be received since the March 8, 2011 meeting and continued the matter for 25 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 7f\WHEREAS, staff completed and mailed the response letter, dated April 12, 2011, 27 to Mr. Ronald W. Rouse; and 28 1 WHEREAS, at the City Council and Housing and Redevelopment Commission 2 joint public hearing on April 26, 2011, the Planning Director requested additional time to 3 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and 4 Housing and Redevelopment Commission joint special meeting; and 5 WHEREAS, staff has completed further environmental analysis and included 6 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 7 3) Noise, and 4) Mandatory Findings of Significance; and 8 WHEREAS, additional mitigation measures were added and the MND/MMRP 9 document was re-circulated for a 30-day public review period; and WHEREAS, the Planning Director rescheduled the application for the October 5, 11 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 12 and Housing and Redevelopment Commission; and WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and i "I1' WHEREAS, staff's responses to both speakers are provided in the draft minutes 1 R to the October 5, 2011 Planning Commission meeting; and 1 O WHEREAS, the Planning Commission did adopt Planning Commission 20 Resolution No. 6816, recommending adoption of the MND and MMRP; and 21 WHEREAS, Planning Commission Resolution No. 6753 is superseded by 22 Planning Commission Resolution No. 6816; and WHEREAS, the City Council of the City of Carlsbad, on the day of 24 _, 2011, held a duly noticed public hearing to consider the recommendation and 25 heard all persons interested in or opposed to the MND and MMRP. 26 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 27 Carlsbad, California, as follows: 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of the MND and MMRP are adopted and that the findings of the Planning Commission contained in Planning Commission Resolution No. 6816, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. "NOTICE TO INTERESTED PARTIES" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.1.6. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. PASSED, APPROVED AND ADOPTED at a joint special meeting of the City Council and Housing and Redevelopment Commission of the City of Carlsbad on the 6th day of December 2011, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT ATTEST: LORRAINE M. WOOD, City Gte (SEAL) -3- »\\JUL This space is for the County Clerk's Rling Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) 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 C lia, for the City of Oceanside and the City of Esv.undido, 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: July 23rd, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 25th, day. Jane Allshouse NORTH COUNTY TIMES - Legal Advertising Proof of Publication of railroad r-o-w. The protect continues 30 PR the EOT DESCRIPTION: Note: This project's CEQA document was sent tojhouse (SOI #2010081063) for a 30-day public review peri- od, which endedon. September 15, 2010. The project description has notchanged only additional information has been analyzed and clarifying Informa-tion added in the CEQA document The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity sewer line), a sewer lift station (50million gallons/day capacity,) and a sewer support bridge (140-foot weatheredsteel span) improvements on the Vista/Carlsbad Sewer Interceptor System,segments VC11, VC12, VC13, VC14. and VC15 . The proposed project ex- tends'a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua Hedionda La-goon to the Encina Water Pollution Control Facility. The project also proposesa number of associated improvements In the same work area, including instal-lation of a recycled water line, replacement of a potable water line, demolition• of an existing sewer lift station and concrete overflow basin, demolition of thewood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge(and removal of the bridge) to the new sewer bridge. PROPOSED DETERMINATION: The City of Carlsbad has conducted an en- vironmental review of the above described project pursuant to the Guidelines for •Implementation of the California Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City of Carlsbad. As a result of saidreview, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, oragreed fo by, the applicant before the proposed negative declaration and initialstudy are released for public review would avoid the effects or mitigate theeffects to a point where clearly no significant effect on the environment wouldoccur, and (2) there is no substantial evidence in light of the whole record be-fore the City that the project "as revised" may have a significant effect on theenvironment. Therefore, a Mitigated Negative Declaration will be recom-mended for adoption by the City of Carlsbad City Council and the City of Carlsbad Housing and Redevelopment Commission. A copy of the initial study (EIA Part 2) documenting reasons to support theproposed Mitigated Negative Declaration is on file in the Planning Division,1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewingMitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on theenvironment If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effectwould be significant. Please submit comments in writing to the Planning Divi- sion within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approvalfedoption by the City of Carlsbad Planning Commission and City Council Additional public notices will be issued when those public hearingsare scheduled. If you have any questions, please call Pam Drew in the Plan- ning Division at, 760-602-4644. PUBLIC REVIEW PERIOD PUBLISH DATE 1 -August. 22,2011 l" net 2296102 (Cft CITY OF CARLSBAD Community & Economic Development Summary for Electronic Document Submittal www.carlsbadca.gov FormF 15 copies of this document may be included when a Lead Agency is submitting electronic copies of environmental impact reports, negative declarations, mitigated negative declarations, or notices of preparation to the SCH. The SCH will still accept other summaries, such as an EIR summary prepared pursuant to CEQA Guidelines Section 15123, attached to the electronic copies of the document. SCH#:2010081053 Lead Agency: Project Title: City of Carlsbad Agua Hedionda Sewer Lift Station & Gravity & Force Mains Project Location: Carlsbad San DieRO City County Please provide a Project Description (Proposed actions, location, and/or consequences). Note: This project's CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period, which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and clarifying information added in the CEQA document. The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity sewer line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140- foot weathered steel span) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC15 (as referenced in the City's 2003 Sewer Master Plan). The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south, direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. The project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. Surrounding land uses and setting are; railroad tracks, Lagoon wetlands, YMCA youth recreation facility, power plant accessory driveways and uses, public streets, hotel, restaurants, convenience store, gas station and park, urban commercial and industrial development, parking lots, landscaping and open spaces. The project will require various permits from the City of Carlsbad and the City of Carlsbad Housing and Redevelopment Commission. The project is located in the Coastal Zone; in a portion of the Coastal Zone in which the proposal is located, the City does not have coastal development permit authority. Therefore, a coastal development permit from the California Coastal Commission is required for part of the project. Please identify the project's significant or potentially significant effects and briefly describe any proposed mitigation measures that would reduce or avoid that effect. The proposed project has potentially significant effects in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, land use and planning, transportation/circulation, and mandatory findings of significance. For all identified potentially significant effects, mitigation measures are proposed to reduce the effects to a level of insignificance. Discussion about the effects and mitigation measures are discussed in the initial study and mitigation monitoring and reporting program. Planning Division 110 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Summary for Electronic Document Submittal Agua Hedionda Sewer Lift Station and Gravity and Force Mains Lead Agency: City of Carlsbad July 20, 2011 Page 2 If applicable, please describe any of the project's areas of controversy known to the Lead Agency, including issues raised by agencies and the public. Areas of controversy may include the following: 1. Potential impacts to air quality during construction activities 2. Potential impacts to sensitive biological resources of Agua Hedionda Lagoon 3. Potential impacts to lagoon water quality 4. Potential aesthetics issues related to construction of the new lift station and sewer bridge across the lagoon 5. Overall potential Coastal Zone impacts 6. Potential cumulative impacts resulting from approved and planned projects in the area 7. Potential impacts to cultural resources, primarily those possible impacts to Native American resources 8. Potential land use impacts Please provide a list of responsible or trustee agencies for the project. California Coastal Commission California Department of Fish and Game Caltrans District 11 Regional Water Quality Control Board #9 (San Diego) Carlsbad Housing and Redevelopment Commission Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812 - (916) 445-0613 Project Title: Agua Hedionda Sewer Lift Station. Force Main, and Gravity Sewer Replacement d Agency: City of Carlsbad Contact Person: Pam Drew. Associate Planner See NOTE Below: SCH # 2010081053 Street Address: 1635 Faraday Avenue Phone: (760) 602-4644 City: Carlsbad Zip: 92008 County: San Diego PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: Cannon Road & Palomar Airport Road Total Acres: N/A Zip Code: 92008 & 92011 Lat. / Long.: 117° 20' 9.6" N / 33° 8' 34.8" W (Location of the proposed sewer lift station) Assessor's Parcel Nos. 210-011-05. 210-010-42, 210-010-09. 210-010-41 and within NCTD's railroad r-o-w and city-owned street right-of-way not identified by an APN, Within 2 Miles: State Hwy #: 1-5 & Hwy 101 Waterways: Agua Hedionda Lagoon & the Pacific Ocean Airports: McClellan/Palomar Railways: NCTD Schools: Carlsbad Unified School District DOCUMENT TYPE: CEQA: Q NOP | | Early Cons Q Neg Dec Draft EIR I | Supplement/Subsequent n EIR (Prior SCH No.) 1X1 Other: MND NEPA: Q NOI D EA Q Draft EIS FONSI OTHER:Joint Document Final Document Other: _ LOCAL ACTION TYPE: Q General Plan Update | | General Plan Amendment | | General Plan Element | | Community Plan Specific Plan Master Plan Planned Development Permit Site Plan || Rezone || Prezone £3 Use Permit-Floodplain | | Land Division (Subdivision, Parcel Map, Tract Map, etc.) | | Annexation 1X1 Redevelopment |X] Coastal Permit 1X3 Other: Hillside Development Permit & Habitat Management Plan Permit /ELOPMENT TYPE: | 1 Residential: Units Q Office: Sq. Ft. | | Commercial: Sq. Ft. | | Industrial: Sq. Ft. | | Educational: | | Recreational: PROJECT ISSUES DISCUSSED 1X1 Aesthetic/Visual 1X1 | | Agricultural Land | | [X3 Air Quality [X] IXI Archaeological/Historical | | ^ Coastal Zone | | IXI Drainage/Absorption | | | | Economic/Jobs IXI | | Fiscal | | Acres Acres Employees Acres Employees Acres Employees IN DOCUMENT: Flood Plain/Flooding Forest Land/Fire Hazard Geological/Seismic Minerals Noise Population/Hsg. Balance Public Services/Facilities Recreation/Parks | | Water Facilities: | | Transportation: |~| Mining: | | Power: |XJ Waste Treatment: | | Hazardous Water: n Other: | | Schools/Universities | | Septic Systems IXI Sewer Capacity IXI Soil Erosion/Compaction/Grad |X] Solid Waste IXI Toxic/Hazardous |XJ Traffic/Circulation £3 Vegetation Type MOD Type Mineral Type Watts Type Sewer lift station & gravity and force mains Type | | Water Quality Q H2O Supply/Ground H2O 1X1 Wetland/Riparian ing |X] Wildlife | | Growth Inducing |XJ Land Use [Xj Cumulative Effect Q] Other: Present Land Use/Zoning/General Plan Use The project will be located within the NCTD's railroad right-of-way, NRG & SDG&E's property, and within the existing public right- of-way on Avenida Encinas. The zoning designations are Transportation Corridor (T-R), Open Space (O-S), Public Utility (P-U), Commercial Tourist - Qualified Overlay (C-T-Q), Neighborhood Commercial (C-10), and Secondary Arterial- street right-of-way. The General Plan designations area Transportation corridor (TC), Public Utilities (U), Travel Recreation Commercial (T-R), and >ndary Arterial- street right-of-way. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. January 2008 Project Description: Note: This project's CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period, which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and rifying information added in the CEQA document. The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity sewer line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC151. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. The project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. 1 Reference segments from City of Carlsbad Sewer Master Plan, March 2003. Reviewing Agencies Checklist Form A, continued Resources Agency Boating & Waterways Coastal Commission (San Diego) Coastal Conservancy Colorado River Board Conservation, Dept. of X Fish & Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics _California Highway Patrol X CALTRANS District #11 _Department of Transportation Planning (headquarters) ^Housing & Community Development _Food & Agriculture 1th & Welfare Health Services State & Consumer Services General Services OLA (Schools) KEY S = Document sent by lead agency X = Document sent by SCH 3= Suggested distribution Environmental Protection Agency _Air Resources Board California Waste Management Board .SWRCB: Clean Water Grants SWRCB: Delta Unit SWRCB: Water Quality SWRCB: Water Rights X Regional WQCB #9 (San Diego) Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission X Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency X Other U.S. Fish and Wildlife Service and Agua Hedionda Lagoon Foundation Public Review Period (to be filled in by lead agency) Starting Date Q VePS/r^Ol I ; Signature _ Ending Date Date ~7-/9-// Lead Agency (Complete if applicable): Consulting Firm: Planning Systems Address: 1530 Faraday Avenue City/State/Zip: Carlsbad. CA 92008 Contact: Paul Klukas Phone: (7601 931-0780 ext. 104 Applicant: City of Carlsbad Address: 1635 Faraday Avenue City/State/Zip: Carlsbad. CA 92008 Phone: (7601 602-4644 For SCH Use Only: Date Received at SCH Date Review Starts: Date to Agencies Date to SCH Clearance Date_ Notes: NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. January 2008 SITEMAP NOT TO SCALE Agua Hedionda Sewer Lift Station and Gravity and Force Mains POP 00-02(C) / SP 144(L) / RP 10-26 / CDP 10-177 HDP 10-05 / SUP 10-02 / HMP 10-03 CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement CASE NO: PDF 00-02fCVSP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/ SUP 10-02/HMP 10-03 PROJECT LOCATION: Between the coastline to the west and the 1-5 freeway to the east. The project extends from the north side of Agua Hedionda Lagoon, approximately 500 feet south of Chinquapin Avenue and east of the railroad tracks, within the railroad r-o-w. The project continues south, on the east side of and parallel with the railroad tracks and continues through the intersections of Cannon Road and Palomar Airport Road within the public right-of-way on Avenida Encinas. The project ends at the existing Encina Water Pollution Control Facility. PROJECT DESCRIPTION: Note: This project's CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period, which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and clarifying information added in the CEQA document. The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity sewer line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC151. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. The project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and 1 Reference segments from City of Carlsbad Sewer Master Plan, March 2003. Planning Division Mr 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council and the City of Carlsbad Housing and Redevelopment Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Pam Drew in the Planning Division at (760) 602-4644. PUBLIC REVIEW PERIOD July 23. 2011 - August 22, 2011 PUBLISH DATE July 23. 2011 17 MITIGATED NEGATIVE DECLARATION CASE NAME: Afiua Hedionda Sewer Lift Station. Force Main, and Gravity Sewer Replacement CASE NO: PDF 00-02(0/5? 144(LVRP 10-26/CDP 10-17/HDP 10-OS/ SUP 10-02/HMP 10-03 PROJECT LOCATION: Between the coastline to the west and the 1-5 freeway to the east. The project extends from the north side of Agua Hedionda Lagoon, approximately 500 feet south of Chinquapin Avenue and east of the railroad tracks, within the railroad r-o-w. The project continues south, on the east side of and parallel with the railroad tracks and continues through the intersections of Cannon Road and Palomar Airport Road within the public right-of-way on Avenida Encinas. The project ends at the existing Encina Water Pollution Control Facility. PROJECT DESCRIPTION; Note: This project's CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period, which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and clarifying information added in the CEQA document. The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and an 8,420-foot long gravity sewer line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC151. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. The project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing sewer lift station and concrete overflow basin, demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. 1 Reference segments from City of Carlsbad Sewer Master Plan, March 2003. II tt ADOPTED: [CLICK HERE date! pursuant to rCOCK HERE Administrative Approval, PC/CC Resolution No., or CC Ordinance No.] ATTEST: DON NEU City Planner 119 June 28,2011 Draft ENVIRONMENTAL INITIAL STUDY and DRAFT MITIGATED NEGATIVE DECLARATION Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement PREPARED FOR: City of Carlsbad Engineering/Public Works Department Terry Smith CITY OF CARLSBAD Engineering/Public Works 1635 Faraday Avenue Carlsbad, CA 92008 Ron Ross BROWN & CALDWELL 9665 Chesapeake Drive Suite 201 San Diego, CA 92123 PREPARED BY: PLANNING SYSTEMS 1530 Faraday Avenue Suite 100 Carlsbad, CA 92008 120 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT DRAFT MITIGATED DECLARATION EXPANDED INITIAL STUDY TABLE OF CONTENTS Draft Mitigated Negative Declaration Project Description/Environmental Setting Project Description Construction Description Permits Required Environmental Setting and Surrounding Land Uses. Project Design and Construction Features Environmental Factors Potentially Affected Determination Environmental Initial Study I. Aesthetics II. Agricultural and Forestry Resources .. III. Air Quality IV. Biological Resources V. Cultural Resources VI. Geology and Soils VII. Greenhouse Gas Emissions VIII. Hazards and Hazardous Materials IX. Hydrology and Water Quality X. Land Use and Planning XI. Mineral Resources XII. Noise XIII. Population and Housing XIV. Public Services XV. Recreation XVI. Transportation/Traffic XVII. Utilities and System Services XVIII. Mandatory Findings of Significance .. Earlier Analysis Used and Supporting Information Sources List of Mitigation Measures Agua Ifedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT LIST OF FIGURES Figure 1: Regional Map 5 Figure 2: Location Map 6 Figure3: Aerial Photo 7 Figure 4: Schematic of Proposed System 9 Figure 5: Bridge & Lift Station Location Plan 10 Figure 6: Bridge Elevation 11 Figure 7: Lift Station Elevation 12 Figure 8: Visual Simulation -1-5 Southbound 26 Figure 9: . Visual Simulation - Carlsbad Beach 27 Figure 10: Visual Simulation - Garfield Street 28 Figure 11: Important Farmland 33 Figure 12: Stormwater Management Plan 70 Figure 13: 100-Year Flood Zone 76 Figure 14: Lift Station Overlay 86 LIST OF TABLES Table 1: Environmental Setting and Surrounding Land Uses 18 Table 2: Construction Activity Emissions (pounds/day) 36 Table 3: Sensitive Plants and Animals Potentially Present in the Project Area 39 Table 4: Project Impacts to Vegetation Communities 41 Table 5: Database - Hazardous Materials List 62 Table 6: Adjacent Land Uses 79 Table 7: Noise Exposure Limits to Land Uses in the Vicinity of the Lift Station 91 Table 8: Regional Circulation Roadways in Carlsbad 98 Table 9: NCTD Bus Service through Project Alignment 100 Table 10: Storm Drain Facilities in the Vicinity of the Project 102 Table 11: Development Projects in the Vicinity of the Project 107 Table 12: Encina Water Pollution Control Facility 5-Year CIP Projects 122 Table 13: Sewer Collection System 5-Year CIP Projects 122 APPENDICES Appendix A: Air Quality Conformity Assessment Appendix B: Preliminary Biological Assessment Appendix C: Archaeological Resources Survey Appendix D: Archaeological Resources Appendices (Confidential - To be removed). Appendix E: Native American Correspondence Appendix F: Geotechnical Evaluation Appendix G: Environmental Soils and Groundwater Sampling Agua Hedionda Sewer Line & Lift Station Project . Environmental Initial Study - 6/28/11 ENVIRONMENTAL INITIAL STUDY and DRAFT MITIGATED DECLARATION DATE: 6/28/2011 1. CASE NUMBER: 2. PROJECT TITLE: 3. LEAD AGENCY: 4. CONTACT PERSON: 5. PHONE NUMBER: 6. PROJECT LOCATION: PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-177 05/SUP 10-02/HMP 10-03 HDP 10- 7. PROJECT APPLICANT/PROJECT SPONSOR'S NAME AND ADDRESS: 8. GENERAL PLAN DESIGNATION: 9. ZONING: 10. DESCRIPTION OF PROJECT: Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Pam Drew (760) 602-4644 The project is located between the coastline to the west and the 1-5 freeway to the east. The project extends from the north side of Agua Hedionda Lagoon, approximately 500 feet south of Chinquapin Avenue and east of the railroad tracks, within the railroad ROW. The project continues south, on the east side of and parallel with the railroad tracks and continues through the intersections of Cannon Road and Palomar Airport Road within the public ROW on Avenida Encinas. The project ends at the existing Encinas Water Pollution Control Facility. City of Carlsbad Engineering Department - Public Works Department 1635 Faraday Avenue Carlsbad, CA TC (Transportation Corridor), U (Public Utilities), T-R (Travel Recreation Commercial), and Secondary Arterial Roadway T-C (Transportation Corridor), O-S (Open Space), P-U (Public Utility), C-T-Q (Commercial Tourist - Qualified Overlay), C-l (Neighborhood Commercial), and Secondary Arterial Roadway Note: This project's original CEQA document was sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period, which ended on September 15, 2010. The project description has not changed only additional information has been analyzed and clarifying information added in the CEQA document. The proposed project involves the installation of a sewer trunk line (3,960-foot long force main and a 8,420-foot long gravity PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT sewer line), a sewer lift station (50 million gallons/day capacity,) and a sewer support bridge (140-foot weathered steel span) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC151. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction located in coastal Carlsbad from the Agua Hedionda Lagoon to the Encina Water Pollution Control Facility. Easements will be acquired for the facilities including the widening of the existing sewer easement by 12.5 feet. The project also proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a potable water line, demolition of an existing sewer lift station and concrete overflow basin and wood trestles for the existing sewer lines and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. 11. EXISTING LAND USE AND SETTING: 12. SURROUNDING LAND USES AND SETTING: The proposed project line will be located between the BNSF railroad right-of-way to the west and the 1-5 freeway to the east, all within the city of Carlsbad, and adjacent to the railroad tracks or within a public street. Surrounding land uses and setting are; railroad tracks, Lagoon wetlands, YMCA youth recreation facility, power plant accessory driveways and uses, public streets, hotel, restaurants, convenience store, gas station and park, urban commercial and industrial development, parking lots, landscaping and open spaces. 13. ACRONYMS: AAQS ADWF AHLS APE APCD AQMP AST BACT BMP's BNSF RR CAAQS CARB CCC CDFG CDP Ambient Air Quality Standards Average dry weather flow Agua Hedionda Sewer Lift Station Area of potential effect Air Pollution Control District Air Quality Management Plan Above-ground Storage Tank Best Available Control Technology Best Management Practices Burlington Northern Santa Fe Railroad California Ambient Air Quality Standards California Air Resources Board California Coastal Commission California Department of Fish & Game Coastal Development Permit HMPP hp HWL 1-5 JURMP KW LFMP LOS LWL MBTA mgd MHCP MMRP MSL NAH Habitat Management Plan Permit horsepower High water level Interstate 5 Jurisdictional Urban Runoff Management Plan Kilowatt Local Facilities Management Plan Level of service Low water level Migratory Bird Treaty Act million gallons per day Multiple Habitat Conservation Program Mitigation, Monitoring and Reporting Program Mean Sea Level North Agua Hedionda 1 Reference segments from City of Carlsbad Sewer Master Plan, March 2003. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 117 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT CECP CEQA cfm cfs CH4 CIP City CMWD CNDDB CO C02 CIP CNEL CNPS CRLS CRHR CRT CWA cy dBA DCSS EPS EWPCF ESA ESHA EUC EXO EWPCF FEMA FM FRTP gpm GPS HDD HMP Carlsbad Energy Center Project California Environmental Quality Act cubic feet per minute cubic feet per second Methane Capital Improvements Program City of Carlsbad Carlsbad Municipal Water District California Natural Diversity Database Carbon Monoxide Carbon Dioxide Capital Improvement Plan Community Noise Equivalent Level California Native Plant Society Cannon Road Lift Station California Register of Historical Resources Carlsbad Rail Trail Clean Water Act cubic yards decibels on the A-weighted scale Diegan coastal sage scrub Encina Power Station Encina Water Pollution Control Facility Endangered Species Act Environmentally sensitive habitat area Eucalyptus Exotic vegetation Encina Water Pollution Control Facility Federal Emergency Management Agency Force main Fiber reinforced thermosetting resin pipe gallons per minute Global Positioning System Horizontal directional drilling Carlsbad Habitat Management Plan NAHC NCTD NMFS N2O NNG NOX NPDES NRG OW PID PLRCP ppm PVC POP PDWF PWWF RAQS RCP ROW RPM RS RWQCB SANDAG SDAB SDG&E SOX SP SSWPPP SUP SUSMP SWMP USACE USFWS VC VOC Native American Heritage Commission North County Transit District National Marine Fishery Service Nitrous Oxide Non-native grasslands Oxides of nitrogen National Pollutant Discharge Elimination System NRG Energy (Encina Plant) Open water Portable ionization detector Plastic-lined reinforced concrete pipe parts per million Polyvinyl chloride Precise Development Permit peak daily water flow peak wet water flow Regional Air Quality Strategies Reinforced concrete pipe Right-of-way Revolutions per minute Riparian scrub Regional Water Quality Control Board San Diego Association of Governments San Diego Air Basin San Diego Gas & Electric Company Oxides of sulphur Specific Plan Storm Water Pollution Prevention Plan Special Use Permit Standard Urban Storm Water Mitigation Plan Storm Water Management Plan U.S. Army Corps of Engineers U.S. Fish & Wildlife Service Vista/Carlsbad Volatile organic compounds 14. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING: Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 /18 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Project Description The proposed project primarily involves the installation of sewer line (gravity, force main and lift station) improvements on the Vista/Carlsbad Sewer Interceptor System, segments VC11, VC12, VC13, VC14, and VC152. These segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista, all located in north San Diego County. Along the length of the sewer route, the project also proposes the replacement of the existing Agua Hedionda Sewer Lift Station and a replacement bridge to support the new sewer pipe across the Agua Hedionda Lagoon channel. The subject improvements are necessary as a replacement for or in addition to the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey future projected buildout wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated buildout demand (identified as 33-mgd in the updated City of Carlsbad Sewer Master Plan, dated March 2003) of the service area. The total sewer project consists of a new 3,960-foot long force main and a 8,420-foot long gravity sewer line, a 50 million gallons/day capacity sewer lift station, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe-support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction along the urban coast line of the city of Carlsbad. See Figures 1 and 2. The project is presently shown on the approved City of Carlsbad Sewer Master Plan, dated March, 2003. In locations where easements do not already exist, easements will be acquired for the facilities. This will include the widening of the existing sewer easement by 12.5 feet, so that the existing 17.5-foot easement will ultimately constitute a public utility easement of 30.0 feet in width. The project improvements are part of the Vista/Carlsbad Sewer Interceptor system, which covers the Vista/Carlsbad drainage basin and sewers urban development from this basin to the Encina Water Pollution Control Facility (EWPCF) sewer plant, located at the southern end of the proposed project. The current wastewater flows down the existing 42-inch (diameter) sewer line at approximately 10 million gallons per day (mgd) average dry weather flow (ADWF), 15 mgd peak dry weather flow (PDWF), and 25 mgd peak wet weather flow (PWWF). The capacity of the existing sewer line is not sufficient to handle the projected build-out flows of 14 mgd ADWF, 21 mgd PDWF, and 33 mgd PWWF. The project will remove and replace the existing sewer lift station and pipe support bridge and will install approximately 1,400 linear feet of 54-inch diameter (all pipes are measured inside diameter) sewer to the north of the new lift station location. It will also construct 3,960 linear feet of 30-inch diameter force main and approximately 7,020 feet of 54-inch gravity sewer south of the new lift station location. While the existing 42-inch line north of the existing lift station will be abandoned and a portion removed, the existing 42-inch line south of the existing lift station is in sufficiently good condition that it will remain in place as a parallel line to the new force main/gravity sewer to be constructed south of the new lift station. 2 Reference segments from City of Carlsbad Sewer Master Plan, March 2003. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 4 PROJECT AREA June 28, 2011 PS# 080205 Figure 1 Regional Map AGUA HEDIONDA LIFT STATION Carlsbad, California 1250 2500 NORTH SCALE: 1" = 2500' tto PROJECT AREA SOURCE: The Thomas Guide, San Diego County, 2005 Figure 2 Location Map AGUA HEDIONDA LIFT STATION Carlsbad, California June 28, 2011 PS# 080205 NORTH SCALE: 1" = 2500' _.ND USE/COASTAL PLANNING-AN DSC APE ARCHITECTUREPOLICY AND PROCESSINGENVIRONMENTAL MITIGATION 131 PROJECT AREA June 28, 2011 Figure 3 Aerial Photo AGUA HEDIONDA LIFT STATION Carlsbad, California 530 FARADAY AVENUE. SUITE 100, CARLSBAD. CA 92008(7SO) 931-07BO FAX (780) B31-6744 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Related utility relocations include the option of relocating approximately 380 feet of natural gas transmission pipe. The owner of this gas transmission pipe (SDG&E) is presently undecided on whether to relocate this pipe from its present support trestle bridge structure across the lagoon channel to the proposed sewer line support bridge; and to thus demolish and remove the existing gas line support bridge. Nonetheless, assessment of the environmental impacts associated with the gas line relocation and trestle bridge removal are included in this environmental analysis so that if SDG&E decides to relocate the gas line and remove the trestle bridge structure, the environmental review of this segment of the project will have been completed. These sewer segment improvements are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Lift Station is maintained and operated by the Encina Wastewater Authority by agreement with the cities. The subject sewer improvements extend from the north side of Agua Hedionda Lagoon to the regional sewer plant (the EWPCF). The new line will be located between the BNSF railroad right-of-way to the west and the 1-5 freeway to the east, all within the city of Carlsbad. See Figure 3. Also proposed within the work area and in an alignment parallel to the sewer line is a 12-inch diameter recycled water line which will run from the north end of the project area to the south end (total 12,460 ft). This line will transport pressurized recycled water to the northern sections of Carlsbad from the Carlsbad Water Recycling Facility. This recycled line will be installed on primarily the east side of the sewer pipe. While this recycled water line is expected to be installed during the sewer line installation operation, it is likely that only the portion between Cannon Road and Palomar Airport Road will be constructed and pressurized at this time, until additional funding becomes available. A schematic illustration of the relationship of the major project features is shown on Figure 4. More specifically, the project can be described in segments beginning from the upstream (north) end as indicated below. North Segment - North End to Lift Station. At the north end of the project, the existing approximate 1,400 ft. length of 42-inch (diameter) gravity sewer pipe will be removed and replaced with a new 54-inch gravity sewer pipe, placed in effectively the same location as the removed line along much of this segment. This new pipe will connect to the existing VC-11 line coming from the north to collect sewage from the existing sewer trunk pipe at a point approximately 500-feet south of Chinquapin Avenue immediately east of the Burlington Northern Santa Fe (BNSF) Railroad tracks, within the railroad ROW. The line will then travel south from this northerly connecting point, within an existing berm that will be re-graded to widen and raise the berm height with fill soil an additional 3-feet in elevation. This additional grade is needed to provide sufficient soil clearance over the new (larger) pipe. This berm parallels the railroad tracks on their east side. As proposed, the sewer main will then travel southerly through the berm (adjacent to the existing YMCA facility), over a new bridge to be constructed of weathering steel material, to be laid over the Agua Hedionda Lagoon channel, to a new sewer lift station located on the northern end of the Encina Power Plant site. The 12-inch recycled water line, and a 6-inch potable water line (which will replace an existing 3-inch line), will both be installed parallel to the sewer line along this route. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study-6/28/11 Q Z LU CDLU Ulzui uC1 gQ; LII ujUJ Z COui z bill< Q^ COSS|LLI HI X Z Z Ul a: =•ui —'b a:isofUl >—1 UJO -i> °9CN( =i- (OQ DUJ UlCO (OO Oa. a.O Oa. o_OOo:K Z, Z <:8|=J o §oCM00CM 0) LL O CO 0c ••= Q.a) > •— CO 03 0- Q.O _ "^2 '+5- .<£. o E UJ £8 3}Pk§jjsi .05 'c «-1O 15 * c ° $in ELL <>>a: CD > D =) _c > -a _ O O CD c TO u~ CO Z 03 O 3 158 10 0) ^-2 -jgQ o o IB< O I'S: Oi g IT)OsCOO feoo CD CO _Q) t 111" (Dgl gf iV\LLJ O«< o ill I PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The proposed sewer line support bridge across the lagoon channel will be held up by concrete bridge abutments, including associated retaining walls, on each side of the channel. With a horizontal clear span of 140-feet, and a clear height of approximately 17-feet above channel water level, the bridge will span the entire width of the channel. The 54-inch gravity sewer line will be semi-enclosed (will still be visible), within the horizontal housing of the bridge structure. The bridge will be constructed of sufficient size and strength to also accommodate the 12-inch recycled water line, the 6-inch potable water line, a maintenance vehicle crossing road, a 12-inch high-pressure gas line and a future pedestrian trail with 42" hand railing. Thus the bridge could accommodate the anticipated Carlsbad Rail Trail (CRT) Reach 3 segment if and when that planned trail alignment is determined, and the CRT project is approved and funded; however, the CRT is a separate and independent future project. Construction of the northerly bridge abutment will require relocation of 160 linear feet of the existing 12-inch natural gas line north of the bridge to connect back with the existing line south of the southerly abutment. As an option, SDG&E may relocate the gas line from its existing aged trestle bridge onto the new sewer line bridge. Approximately 20 linear feet of this gas line will also be relocated from its existing alignment and lowered 5-feet to cross under the proposed temporary 42- inch by-pass pipeline on the southern side of the lagoon. If it is decided to relocate the gas line alignment across the lagoon channel, the existing segment suspended directly above the channel water surface is expected to be demolished and removed once the gas line is realigned to suspend within the new bridge structure. Once the new sewer line is operational, the existing, aged bridge carrying the existing 42-inch sewer main across the lagoon channel will be removed from the site. Optionally, the high pressure natural gas transmission line support bridge will also be removed if the line is relocated to the sewer bridge. These features are shown on Figure 5 and Figure 6. Lift Station. The new, replacement lift station will be located on an approximate 2.3 acre area on the north end of the Encina Power Plant site, on property owned by the NRG Corporation. The proposed site is directly north- northeast and adjacent to the 23-acre location of the proposed Carlsbad Energy Center Project (CECP) which is a planned second power plant on the Encina Power Station (EPS) site. An application for certification for this expansion has been submitted and is presently under review by the California Energy Commission (07-AFC-6). An analysis of impacts to the proposed CECP during CECP construction and thereafter is provided in Sections VIII(g) and X(b) of this document. The proposed lift station will replace the existing station in the approximate same area, which was constructed in 1964 and rehabilitated in 1989, and is nearing the end of its useful life. This existing lift station and its concrete overflow basin will be demolished and removed. The overflow basin will subsequently be filled with soil and vegetated with native or otherwise drought-tolerant vegetation. The new lift station will involve a series of three structures (two of which will be primarily underground). These structures will be constructed in an area approximately 80 to 100-feet southeast of the existing station. These three structures are the main lift station, a smaller grinder facility (mostly underground), and a still smaller bio-filter (90% underground) structure. The large, main structure will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls visible up to 25.5 feet in height. The lift station structure will be stained earthtone colors, with wall texturing for shadowing, and will include anti-graffiti coating. See Figure 7. The lift station will be designed with two major sections; the "lift side", which serves to raise the incoming sewage vertically from an approximate incoming elevation of 18 feet msl up to 42-feet msl, and the "force main side", which will push the sewage horizontally down (southward) the proposed force main to connect to a new gravity line at a location south of Cannon Road in Avenida Encinas. The lift station is designed to convey the anticipated buildout demand of the line of 33 mgd (PWWF) of wastewater per day. The lift station structure will include the sewage pumps, a generator room, an electrical room, a biofilter odor control system, a meter vault, a grinder facility, and accessory appurtenances. Noise abatement measures, including extensive insulation and sound enclosures will be provided. Multiple redundant features in facility design (sewage conveyance, power sources, etc.) intended to avoid the risk of accidental sewage spill are included in the design. These redundant features include a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side which can independently pump dry weather flows, and back-up power redundancy including an on-site power generator. Chain-link fencing and technological and mechanized security, including security alarms, will surround the entire sewer lift station facility site. Upon completion of the new lift station and pipelines, the old lift station will be demolished and removed. An existing overhead electric line to the old lift station will also be removed and replaced with an electrical feed to the new station, in compliance with the 2010 California Building Code (CBC). The existing overflow basin will also be demolished (concrete removed), filled in with soil and vegetated (hydroseeded and planted with native or otherwise drought-tolerant vegetation). Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study-6/28/11 13 / tf / PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Middle Segment - Between Lift Station and Cannon Road. The routine low and average volume sewage effluent flows exiting the lift station will flow down a 300-foot length of new 42-inch gravity connector line which will connect from the new lift station to a new junction with the existing southbound 42-inch gravity line. This existing 42-inch gravity line along this segment has been determined to be in satisfactory condition, and the routine (low and average volume) sewage flow will then utilize this existing 42-inch gravity line southward all the way to the EWPCF. As a result of this new lift station connection re-routing; an approximate 200-foot long segment of the existing 42-inch sewer line (situated between the existing lift station and the new junction location) will be abandoned in place. For higher sewage flows however, a new 30-inch (inside diameter) force main pipe will be installed parallel to the existing 42-inch connecting gravity pipe, from the lift station southerly approximately 3,960 feet to a point approximately 300-feet south of Cannon Road in Avenida Encinas. As indicated, it is intended that the existing 42- inch gravity line will carry the low and average-volume sewage flows, and the 30-inch force main line will be used for high flow periods only. This 30-inch sewer force main line will travel parallel to the existing 42-inch gravity line, from the lift station south along an existing dirt access road within the Encina Power Plant property, into the north extension of the Avenida Encinas roadway stub street. The force main will then travel down the approximate middle of this stub street to cross Cannon Road within Avenida Encinas. The 30-inch force main will be installed via horizontal directional drill (HDD) construction method, and the 12-inch recycled water line will be installed via standard open trench construction. South Segment - Cannon Road to EWPCF. The proposed sewer force main and 12-inch recycled water line will cross Cannon Road at its intersection with Avenida Encinas. Across (south of) Cannon Road, the force main will end and connect to a new 54-inch gravity sewer, which will travel south within the roadway center median of Avenida Encinas to the intersection with Palomar Airport Road. South of the Palomar Airport Road/Avenida Encinas intersection, the pipeline will travel down the southern extension of Avenida Encinas to a point where it will connect directly to sewer pipes extending into the existing EWPCF. With the exception of the weathering steel bridge structure over the Agua Hedionda Lagoon channel, the lift station structures, and sewer manhole covers, the project will be wholly underground. The project will occur along relatively level terrain, with ground surface elevation varying only between elevation 35-feet mean sea level (MSL) at the north end of the project and 30-feet MSL at the EWPCF. The sewer lift station is proposed on an isolated area of sloping topography, with a proposed finish floor elevation of 32-feet MSL. Project Compatibility. As mentioned, the proposed lift station and almost 2,000 feet of sewer line is located on the EPS property. This particular section of the EPS site is a central hub of existing and planned electrical generation and transmission lines. This area is also a route for a number of public and private utilities which travel through the same area. A significant effort to avoid conflicts with existing and planned utility facilities and lines has been addressed with the proposed lift station location and pipe routing. The proposed location was the result of an extensive siting/routing alternatives analysis, titled "Alignment and Site Study for Replacement of Reaches VC1 IB- IS and Agua Hedionda Lift Station of the Vista/Carlsbad Interceptor Sewer System", dated June 30, 2006, prepared by Brown & Caldwell. The subject area is constrained not only by existing and planned facilities and utility lines, but also surrounded by environmentally constrained wetlands, and the hydraulic limits of the gravity/force main relationship. The alternatives analysis has concluded that the proposed location for the lift station and sewer line alignment are optimal, inasmuch as they allow for the proper hydraulics, they avoid environmentally sensitive areas, and they minimize impacts on existing and future utility facilities. Coordination of construction work and materials laydown areas will be necessary between the proposed utility facilities on the EPS site. The coordination effort required is analyzed thoroughly in this document. Odor Control. The project will employ odor control. Sewer line manhole covers will be "seated" so as to not allow escape of gaseous vapors. Odor control treatment at the lift station will include bio-filtration air scrubbers. These features remove odors and volatile organic compounds from the sewage transport process. Odor control performance will be constantly monitored and maintained by EWA and the City of Carlsbad sewer maintenance crews. Noise Control. The lift station will include noise abatement features to address the noise that will emit from the supply and exhaust fans, air conditioning unit, and emergency generator(s). Noise abatement measures for this Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 14 / #7 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT equipment will include sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. The below-grade design of the lift station will also serve to reduce noise impacts. Water Quality Control. With regard to water quality protections, the sewer pipelines will be placed underground in a non-porous pipe, and as a result no substantive post-development (permanent) Best Management Practices (BMPs) for the pipeline are necessary. The lift station however, is designed with site design BMPs consisting of source control and treatment control features in order to protect any adjacent downstream waters from potential pollution. Specifically, the lift station site design BMP's will involve a multiple-treatment program, including four different main treatment systems, as follows: 1. Vegetated or river rock swale. A vegetated or river rock swale will be located to accept site drainage along the southeast side of the project. This swale will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and further filtration into the underlying soils. The swale will reduce the flow velocity of the stormwater runoff and trap particulate pollutants. It is designed to maintain a thick vegetative cover or rock velocity reducer to perform proper drainage treatment functioning. Inspection and maintenance of the swale will be performed regularly. 2. Wet vault. An underground wet vault structure will be installed to accept site drainage along the west side of the project site. This structure will be on-line, in that it will connect from a storm drain (which collects on- site drainage), it will treat the stormwater in the vault, and it will allow the stormwater to drain out into another storm drain line downstream. The wet vault is designed to provide both temporary and permanent storage for stormwater runoff. The permanent pool of water in the vault will dissipate energy and improve the settling of particulate stormwater pollutants from the site. 3. Pervious surfaces. Pervious gravel or earthen cover will be utilized over a portion of the lift station site. These surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. 4. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to use the natural filtering ability of the soil to remove pollutants from site stormwater runoff. The basin will be designed to meet City of Carlsbad standards, with a minimum soil infiltration rate of 0.5 inches/hour. Lift Station Equipment Redundancy. The lift station is designed to handle full anticipated buildout demand (33 mgd PWWF) of the service area. The lift station design also incorporates extensive equipment redundancy for ensuring that equipment failures do not result in sewage spills. The redundancy concept involves a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). The force main side and lift side can independently pump peak dry weather flows (21 mgd). In the event that a total mechanical failure occurs on either side, the station will remain operable without consequences under peak dry weather flow conditions, and contains power redundancy and significant upstream storage capacity under catastrophic circumstances were they to occur under peak wet weather conditions. Lift Station Electrical Redundancy. The station is also equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of iull regional blackout, emergency power will be provided by a built-in onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all lift station facilities. The generator has the capacity to store enough fuel for 24 hours of operation. Under such circumstances, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plans to reduce flow into the station (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 15 \ ^f Q PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Hazardous Materials. Outdoor material storage areas, including the future chemical storage area at the lift station will be designed to reduce pollution introduction. Hazardous materials with the potential to contaminate urban runoff will be; (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with rain, runoff or spillage to the storm water conveyance system; and (2) protected by a surrounding series of secondary containment structures such as berms, dikes, or curbs. The storage area will be paved and sufficiently impervious to contain leaks and spills, and will also be designed with a roof or awning to minimize direct precipitation onto and within the secondary containment area. Construction Description The project will be constructed hi three phases; (a) Phase 1 - from 300- feet south of Cannon Road to the EWPCF, (b) Phase 2 - the north end of the project to the Agua Hedionda Lagoon channel (including the bridge), and (c) Phase 3 - the lift station and force main from the south end of the channel bridge to Cannon Road. The schedule for construction of these phases could be separate, they could overlap, or they could be constructed simultaneously. Re- routing of the 12-inch high pressure natural gas transmission line, installation of the 12-inch recycled water line, and replacement of the 3-inch potable water line with a 4-inch water line is anticipated to occur with each adjacent segment of sewer construction. The construction/installation of the pipeline portions of the project will be accomplished through both conventional open-trench method, and through trenchless construction tunneling techniques (i.e.; horizontal directional drilling and micro-tunneling). Trenchless construction/tunneling of the sewer lines will be used in areas where a high number of existing underground utilities must be avoided, or where open trenching would result in traffic disruption in high traffic areas, such as through the Cannon Road and Palomar Airport Road intersections. Phase 1. Phase 1 involves installation of the gravity sewer main from a point approximately 300-feet south of Cannon Road to the southern limit of the project at the EWPCF. At the upstream end of Phase 1, the sewer line will be installed via standard open trenching construction method. The trenching will be accomplished within the existing Avenida Encinas hardscape median southerly to a point approximately 1,500 feet northerly of Palomar Airport Road. At this point, microtunneling trenchless construction will be used to burrow the sewer line under and beyond the Palomar Airport Road intersection, to a point where it will exit approximately 650 feet south of the intersection. Microtunneling construction necessitates the temporary placement of jacking and receiving pits (approximately 20-feet wide by 40-feet long and 12-feet wide by 20-feet long, respectively) at the beginning and end of each tunneling segment length. The remaining length (approximately 1,500 feet) of the alignment south of Palomar Airport Road to the EWPCF will be installed through open trench construction within the Avenida Encinas roadway pavement area. All of the recycled water line installation will be via open trench method. Phase 2. Phase 2 begins at the northern end of the project. Temporary chain link fencing will be placed around the perimeter of the work area. The sewer line alignment between the northerly connection and the channel bridge location will be graded. This grading will necessitate the import of approximately 7,000 cubic yards of fill soil so that the existing berm can be widened and heightened (by approximately 3-feet) to accommodate the soil cover necessary for the larger (54-inch) proposed underlain pipe. A temporary above-grade by-pass pumping system which will run along the western edge of the work zone will be utilized during the construction period to convey sewage while the existing, aged 42-inch sewer pipe is removed. This temporary by-pass system will involve an 18- inch temporary bypass pipe with multiple pumps, situated at the north end of the project, routing to the existing lift station. Southward, the new 54-inch sewer pipe, 12-inch recycled water line and 6-inch potable water line will then be laid across the Agua Hedionda channel via a newly-constructed bridge structure. This will involve the setting of a weathered steel bridge with concrete vertical abutment supports on both the north and south sides of the channel. The bridge will completely span the entire channel width so that no work is needed within the 100-year flood elevation. Bridge construction will involve approximately 800 cubic yards of excavated cut soil for the bridge abutments and footings. The existing 12-inch high-pressure natural gas transmission line will be relocated to avoid the northerly bridge abutment in this area. Overhead electrical distribution facilities will be relocated as needed to provide continued service to existing customers, and minimize construction activity interference. The bridge abutments will be constructed of concrete, and are designed with supporting retaining walls up to 23.5 feet in height. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study-6/28/11 16 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Phase 3. Phase 3 improvements include the sewer line from the southern end of the bridge to the lift station, construction of the lift station and appurtenances, installation of a new 300-foot long connector sewer line segment between the new lift station and the existing 42-inch gravity line traveling south from the existing lift station, and installation of the force main between the new lift station and the north end of the Phase 1 improvements. The bulk of the improvements on the south side of the Agua Hedionda Lagoon channel will be installed through the excavation and construction of the sewer lift station structure, and related piping, ducting, conduits and appurtenances. The majority of the construction work will take place on and around the lift station site. Temporary fencing will be placed around the perimeter of the lift station work area. Soil excavation at the lift station will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the lift station location. From the south end of the lift station to a point south of Cannon Road (approximate 3,960 linear feet), the sewer line will be installed via a horizontal directional drilling (HDD) method. This method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro- magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud" (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line -along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. Traffic Control. Work within the public streets will involve temporary control of traffic through the work activity zone, as normal traffic flow and patterns will be disrupted, primarily within Avenida Encinas. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Avenida Encinas is a four lane secondary arterial north of Palomar Airport Road and at least one lane each direction will be kept open to traffic at all times. South of Palomar Airport Road, Avenida Encinas becomes only two lanes (one each direction) and thus short segments of the roadway could be closed for short periods to all except local traffic. Along the sewer line construction lengths to be constructed through trenchless (tunneling) methods, minimal or no impact to driveways or business operations will occur. Open trenching across the Cannon Road and Palomar Airport Road intersections for the recycled water line will take place in one-lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. This recycled water line installation may occur during nighttime hours to minimize disruption to traffic flow and local businesses. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. Equipment Staging Areas. Machinery necessary to accomplish the trenching and pipe laying work will be stored on existing adjacent pads and within closed lanes of the street. Specifically, the major staging areas for pipes, machinery, materials and tools will be on; (a) the cleared area near the railroad tracks at the north end of the project; (b) on the YMCA site, (c) immediately east of the proposed lift station site, and (d) behind the Hilton Gardens Hotel on the city-owned property adjacent to Avenida Encinas. Backhoe and similar rubber-tire machinery will be primarily utilized for open trenching, with the spoils temporarily laid directly adjacent to the trench. No machinery staging areas will be located within sensitive biological habitat areas. Grading. During the construction period, a total of approximately 77,000 cubic yards of soil and gravel will be graded or trenched. Approximately 46,000 cubic yards of this excavated soil will be used to back-fill necessary portions of the project. The remaining 31,000 cubic yards of this soil will be exported to an acceptable offsite location. Where necessary, some (no more than 8,000 cubic yards) high quality bedding soil and gravel will be imported to the site to be placed above and below the pipeline (within the trench) to protect the proposed sewer line. Bedding material will be consolidated and compacted under and around the new sewer pipe and fill material will be evenly spread and moistened or aerated, as required. Backfill material will be deposited in uniform horizontal layers, and compressed to produce a specified relative compaction. Specific soil embankment and preparation will be as directed in the findings of the final geotechnical report for the project. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 17 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Construction Erosion Control. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in.the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be Swept and maintained regularly during the construction period. The project will comply with the requirements of the State Construction General Permit, Order No. 2009-0009-DWQ. Permits Required The project will require permits from the City of Carlsbad, the Carlsbad Housing and Redevelopment Commission, and the California Coastal Commission. A Coastal Development Permit (CDP) for the section of the project south of Cannon Road will be required from the City of Carlsbad. The northern segments (north of Cannon Road) and the lift station will require a CDP issued by the California Coastal Commission (CCC) because this area is within the CCC's permit jurisdiction. The lift station and associated improvements between the channel bridge and the south edge of the Encina Power Plant property will also require approval of a Precise Development Permit Amendment (PDF 00-02) and a Redevelopment Permit (RP) because the portion of the project between Agua Hedionda Lagoon and a point along Avenida Encinas just south of Cannon Road is within the boundaries of the South Carlsbad Coastal Redevelopment Area (SCCRA). Because PDF 00-02 is proposed for amendment, an amendment to the Encina Specific Plan (SP 144), which encompasses the Encina Power Plant and adjacent lands, is also needed. A Habitat Management Plan Permit (HMP), issued by the City, will be required for the impacts to native habitats necessitated by the project. A Special Use Permit (SUP) will be required for any construction or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridges and construction of the new bridge across the lagoon channel. A Hillside Development Permit (HDP) will be required for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. Removal of the existing trestle bridges and construction of the new bridge over the Agua Hedionda Lagoon channel will require approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act, issued by the U.S. Army Corps of Engineers. This bridge removal and construction activity will also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act, and execution of a Streambed Alteration Agreement with the California Department of Fish and Game. In the event that nighttime construction is anticipated, a nighttime construction permit pursuant to the requirements of Carlsbad Municipal Code Section 8.48.020 will be required. This permit is issued by the Carlsbad City Manager. Environmental Setting and Surrounding Land Uses The environmental setting and surrounding land uses of the project are as follows: Table 1: Environmental Setting and Surrounding Land Uses Segment North Segment Lift Station Middle Segment South Segment Environmental Setting Dirt road, disturbed open space; lagoon channel crossing; narrow peninsula adjacent to lagoon wetlands. Previously-graded disturbed exotic vegetation, and mature eucalyptus grove. Dirt road, adjacent patches of coastal sage scrub, concrete and metal factory materials, commercial retail and hotel uses. Public streets, urban commercial, business park and industrial development. Surrounding Land Uses Railroad tracks, pedestrian trail, Lagoon wetlands, YMCA youth recreation facility and open spaces. Existing sewer lift station and accessory facilities, Railroad tracks, Power plant accessory driveways and uses. Proposed future CECP power plant facility. Power plant accessory driveways and uses, railroad tracks, public street, hotel, restaurants, convenience store gas station and park. Urban commercial and industrial development, and associated parking lots and landscaping. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 18 '57 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 15. PROJECT DESIGN AND CONSTRUCTION FEATURES The proposed project would include design features intended to avoid significant impacts to the environment. As a result of the fact that these design features have been incorporated into the design of the project, they are considered part of the project description and thus it is not necessary to consider them to be mitigation measures. General Notes: • The proposed project will comply with applicable local ordinances, standards, and procedures for public facility design, construction, and operation. • All construction work on this project shall be constructed in accordance with the City of Carlsbad Engineering Standards, the Standard Specifications for Public Works Construction, Latest Edition (Green Book) and project Technical Specifications. Air Quality • During construction, the construction contractor will implement the following measures; (a) application of water on disturbed soils three times per day, (b) cover haul vehicles and trucks, (c) replant disturbed areas as soon as practical, and (d) restrict vehicle speeds on unpaved roads to 15 mph or less to control fugitive dust. • During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this will include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency shall be required whenever the winds exceed 15 mph. • During construction, the contractor will sweep streets at the end of each day if visible soil material is carried onto adjacent streets. Geology: • All grading and construction of the project will comply with the geotechnical recommendations contained in the Geotechnical Evaluation for the Agua Hedionda Lift Station and Force Main, dated August 3, 2009. This report identifies specific measures for mitigating geotechnical conditions on the project site, and addresses soils earthwork, corrosion and expansion potential, temporary excavations, subsurface waters, slope stability, liquefaction stability, shoring, foundation construction, pile driving, retaining walls, trench backfill and compaction. Hazards/Hazardous Materials: • All trash and debris within the project site will be disposed of off-site, in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered will be evaluated by an experienced environmental expert prior to removal. • Hazardous materials will be handled in accordance with state and federal requirements. • During construction, the construction contractor will have Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders, which are issued by the State Division of Industrial Safety, along with other required forms and plans at the work site. The construction contractor will comply with provision of these and all other applicable laws, ordinances, and regulations. • During construction, the construction contractor will be responsible for implementing, administering, and maintaining a confined space entry program for trenching activities. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study-6/28/11 19 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT • During construction, a Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations will be requested by the construction contractor from the manufacturer of any hazardous products that may be used at the project site during construction activities. If dewatering activities are proposed to be conducted, and the extracted groundwater is proposed to be discharged to surface waters or the sewer system, the concentrations of metals in the extracted groundwater shall meet with the requirements provided in the permit from the RWQCB (General Waste Discharge Requirements) and the National Pollutant Discharge Elimination Systems permit (NPDES). Hydrology and Water Quality: • The developer will ensure that erosion, siltation, and emission of construction related pollutants are controlled through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (section 67.871), General Construction Stormwater Permit (Order No. 2009-0009-DWQ) and the General Municipal Stormwater Permit (Order No. 2001-01, NPDES CAS0108758). In compliance with the General Construction Stormwater Permit, a Stormwater Pollution Prevention Plan (SWPPP) will be prepared and approved prior to commencement of construction. The developer will be responsible for monitoring and maintaining the BMPs identified in the referenced permits on a daily basis. BMPs to be used during the construction will include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, and storm drain inlet protection. • The developer will prepare an emergency plan to be prepared and in place by the engineer and contractor prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of a sewer spill into the adjacent wetlands and lagoon. These precautions shall include a readily-identified sequence of construction which is understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. This plan shall be reviewed and approved by the City Engineer. Noise: During project site excavation and grading activities, the construction contractor will ensure that all fixed and mobile construction equipment is equipped with properly operating and maintained mufflers, consistent with standards of the equipment manufacturers. The construction contractor will place all stationary construction equipment so that emitted noise is directed away from noise sensitive receptors nearest the project site. Traffic Circulation: Any construction work within a public roadway right-of-way shall be the subject of a Traffic Control and Detour Plan. Such Plan shall allow for contractor work in public streets while maintaining a safe, uniform flow of traffic, including vehicular, bicycle and pedestrian traffic. The Plan shall identify all existing roadway improvements, show location and dimensions of the construction work zone, show staging areas in and around the work zone as appropriate, and indicate locations of construction signs, barricades and delineators (including cones) and detours. Said Plan shall also indicate the duration of the construction work and traffic control, and shall be approved by the City Traffic Engineer prior to beginning of construction within the roadway right-of-ways. Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 20 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources AJ Air Quality /\ Biological Resources /\ Cultural Resources /<] Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality /\l Land Use and Planning Noise Population and Housing Public Services Recreation Mineral Resources /\ Transportation/Circulation X Mandatory Findings of Significance Utilities & Service Systems Agua Hedionda Sewer Line & Lift Station Project Environmental Initial Study - 6/28/11 21 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. /\ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. / ~^ZJ&£4S Planner Signature Date T-/?-// City Planner's Signature Date Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 22 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 23 / So PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study-6/28/11 24 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated D D D ENVIRONMENTAL ISSUE TO BE ADDRESSED: I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The North Segment portion of the project site crosses within a scenic area around Agua Hedionda Lagoon. Portions of the area are visible from Carlsbad Boulevard (Highway 101), 1-5 and from the BNSF Rail line. These roadways are identified in the General Plan Circulation Element as "Scenic Roadways", and the railroad corridor is identified as a "Natural Open Space and Recreation Corridor". The railroad ROW corridor is also described as a "special condition" in the Scenic Corridor Guidelines. The Agua Hedionda Lagoon is identified in the Carlsbad Open Space Element as "open space for the protection of natural resources", and is identified as an "environmentally sensitive marine resource habitat" in the adopted California Coastal Act policies. The remainder of the project length (south of the proposed lift station) is underground and will not have an adverse effect on a scenic vista. The sewer lift station facility is primarily underground, but contains a series of one large and two low-profile above-ground structures. The main structure will be visible to motorists, passengers and pedestrians in the area, as will the Agua Hedionda channel pipeline bridge abutment supports and bridge span. In order to accommodate the lift station facility, the lift station site will be excavated to approximately 20 feet below existing grade, with two of the walls (north and east) of the main structure backfilled to submerse the structure below grade to the degree feasible. As a result, the lift station structure will be constructed mostly below the surrounding finish ground level, with portions of the most visible (south and west) elevation walls visible up to 25.5 feet in height above the finish grade. The lift station walls on the north and east will be constructed as retaining walls, and thus hidden from view except for a 5-foot section of the top of the cured-in-place (CIP) concrete structure. The structure will have a flat roof. As such, the building is a series of square and rectangular shapes architecturally articulated to vary building elevations and facade from the view of the rail passengers travelling through the city. The exterior of the structure will include a textured geometric pattern and be stained earthtone colors in order to blend in with the natural surroundings. Please see Figure 7. A black vinyl coated chain link fence will surround the lift station. The lift station structure will be constructed at approximately the same base elevation as the railroad tracks. Thus, the relationship between the railroad passengers and the structure is a structure that rises up to 20-feet higher than the elevation of the seated passengers at a 160-foot distance at its closest point (the smaller, grinder facility structure is only 125-feet distant). As shown on Figure 8, these lift station structures will not be visible from 1-5, due to the existing berm which surrounds the lift station site on the east. As indicated in Figures 9 and 10, the lift station will be virtually imperceptible to motorists on Carlsbad Boulevard or on the Carlsbad beach due to the distances involved, design of structures into the bluff, and material and colors that will blend in with the surrounding area. Please see visual-simulations of the proposed project structures, Figures 8, 9 and 10. Figure 8 simulates a view of the post-development project from 1-5 southbound. Figure 9 simulates the view of the project from the Carlsbad Boulevard. And Figure 10 simulates the project from the south end of Garfield Street, northwest of the lift station site. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 25 uiotoo o.a o V) in g 5 Ft.= -i C/)g CO mo •o CO o CD 03 JD CO O CO £CO CO oo AdOO 11 0 CD CO CD t CO CDi c.o "co C/) CO S I 21f-f ^. TO O C\3 QO ^ —« LU - CO TO CD co<0 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The existing lift station concrete overflow basin will be removed, filled in with soil and hydroseeded with native plant or otherwise drought-tolerant plant mix. This will be considered a beneficial effect of the visual aesthetics of the project. The top of the channel bridge height will be approximately 30-feet above sea level and approximately 200 total feet in length with a 17 foot high and 140-foot wide clear span. The bridge will be constructed of weathering steel, with a series of pipes (sewer, recycled water, potable water and optional high-pressure natural gas, all screened or painted to match), a maintenance vehicle travel lane above the pipes with a 42" high handrail, and allowance for a future pedestrian trail, all of which will span the entirety of the channel width. As shown on Figures 6 and 8, the bridge will be visible to motorists travelling southbound on 1-5, from an approximate 1,600 foot distance. The horizontal bridge frame will be low-profile (15-feet in height), constructed of visible weathered steel truss members, and thus will appear semi-transparent, and not significantly contribute to coastal view obstruction. Train passengers will be able to view the bridge from the west, from a horizontal distance of approximately 90 linear feet away. Bridge abutments up to 23.5 feet in vertical height will be constructed to support the bridge on each side of the channel. These abutments will result in up to 2400 square feet (each side) of visible concrete wall. These abutment walls however, will be stained earthtone color(s) and include textured geometric patterns, and natural plantings will be established in front of the walls in order to achieve a general visual blending with the surrounding natural landscape. With regard to the pipeline, following the construction period, all of the trenched areas of the project will be repaved or revegetated with appropriate hydroseed mix, and the only above-ground indication of the project will be the top of the manhole access lids, which will be at-grade or within 12 to 18 inches above grade and will thus not be visible from any scenic vista, and will be visible only to passersby in close proximity. The portion of the line north of the lagoon channel will be placed within an existing berm that will be re-graded to widen and raise the berm height with fill soil an additional 3-feet in elevation. This additional grade is needed to provide sufficient soil clearance so as to protect the new (larger) pipe. This 3-foot increase in height of the berm is not of a height that would significantly impact the distant views to or from the area. This increased embankment of soil will be vegetated with hydroseed mix and will not result in a significant visual impact. Further, the proposed project will allow for the dismantling and elimination of the existing lift station structure and the existing trestle-style wood bridge which supports the existing sewer line over the Agua Hedionda channel. If the 12-inch high pressure natural gas transmission line is relocated to the sewer bridge, an added visual improvement will be realized since the support structure will be removed. Elimination of these existing structures would be considered a beneficial impact to the visual character of the site. During construction, temporary visual changes along the alignment of the project would occur; however as these changes are temporary, impacts would be less than significant. Thus, the northern portion of the proposed project is located in a scenic area; however the project's impacts resulting from the pipeline, the lift station structure facilities and the bridge structure and abutments will be adequately mitigated by the proposed design and materials, which includes a semi-transparent bridge structure, finish with earthtone colors, textured geometric patterns, and landscape screening. The color and materials of the structures and low-profile of the buildings will be aesthetically pleasing to rail passengers travelling past, and to more distant views from Carlsbad Boulevard and other streets. As a result of the inclusion of these features in the project design, the project will not result in a significant impact on the viewshed from any surrounding area and will not significantly impact or block the view of the coastline. Thus the visible portions of the project are consistent with the General Plan Scenic Roadways and Open Space policies and guidelines; it is consistent with the special conditions in the Scenic Corridor Guidelines, and consistent with the adopted Coastal Act policies. The remainder of the project will be situated underground, and will thus not impact the viewshed from the surrounding area. b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Less Than Significant Impact. Approximately 12 eucalyptus trees (three mature multi-trunked trees) will be removed from the site of the proposed lift station, which is located on the most northwest side of the CECP property. As indicated in the proposed lift station plan, the project will replace the non-native eucalyptus trees with twelve (12) drought tolerant native screening trees, including species such as the Cajeput Tree (Melaleuca quinquenervia), New Zealand Christmas Tree (Meterosideros excelsus), and the Strawberry Tree (Arbutus unedo). These trees grow to a height of 35, 30 and 25 feet, Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 29 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT respectively, are evergreens and will thus adequately replace the removed eucalyptus. Further, mitigation is required for the removal of the eucalyptus trees, which are listed as Habitat Group F- Eucalyptus Woodlands in the city's Habitat Management Plan (HMP) dated 2004. These trees will be mitigated at a 0.1:1 ratio. Please refer to mitigation measure BIO-1 on page 48. The visual simulations (Figures 8, 9 and 10) demonstrate views toward the project with the eucalyptus trees removed and the replacement trees added. Furthermore, the CECP project's Final Staff Assessment (FSA), dated November 2009, states in part that the CECP project shall, in coordination with the City of Carlsbad, prepare and submit supplemental, modified landscape plans to provide for replacement tree planting as needed, to the greatest feasible extent, in the future event of loss of existing tree screening due to City of Carlsbad sewer and/or lift station projects (Mitigation Measure VIS-2, page 526). In addition, two median landscaping trees and numerous decorative shrubs will be removed from the center median of Avenida Encinas, south of Cannon Road. The median trees will be replaced upon completion of project construction. No rock outcroppings will be impacted by the project. No historic buildings are located in or adjacent to the area of the project alignment. Portions of the area of impact are visible from roadways and the railway which are identified as scenic per the City of Carlsbad General Plan (Carlsbad Boulevard, 1-5 and the BNSF railway), but although these transportation corridors are scenic, none are identified as a state scenic highway and none are designated by Caltrans as eligible for listing as a State Scenic Highway. Only five (5) sections of highway are identified as State Scenic Highways, or candidates for designation as State Scenic Highways within San Diego County. None of these highways are located in Carlsbad. As such, none of the_proposed improvements are within the viewshed of an officially designated state scenic highway. As a result, impacts would be less than significant. Please also refer to the preceding response with regard to local scenic highways. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The northern portion of the project site around Agua Hedionda Lagoon can be characterized as a scenic area. The remainder of the project site is more accurately characterized as industrial and urban. Although the sewer lines will mostly be installed underground, the pump station facility will be visible, as will the Agua Hedionda channel bridge supports, abutments and span. The proposed sewer lift station will be low in stature, constructed mostly below grade, with the western wall visible up to 25.5 ft. in height above the finish grade. The lift station walls on the north and east will be constructed as retaining walls, and thus hidden from view except for a 5-foot section of the top of the structure. The lift station structure will be constructed of cured-in-place (CIP) concrete, with the visible portions of the walls accented and shadowed with textured and geometric patterns and earth tone colors. See Figure 7. The channel bridge height will be approximately 30-feet (17-feet clear) above sea level and approximately 200 total feet (140-foot clear span) in length (See Figure 6). The bridge will be constructed of weathering steel, with a series of pipes (sewer, recycled water, potable water and (optional) high-pressure natural gas transmission), a maintenance vehicle travel lane on top of the pipes with a 42" high handrail, and allowance for a future pedestrian trail, all of which will span the entirety of the channel width. As mentioned, bridge abutments up to 23.5 feet in vertical height will be constructed to support the bridge on each side of the channel. The project design includes screening or painting of pipes, finishing with earthtone color(s) and textured geometric patterns, and natural plantings in front of the walls in order to achieve a general visual blending with the surround natural landscape. Following the construction period, all of the trenched areas of the project, including the berm section north of the lagoon channel in which the soil surface will be raised 3-feet in height to provide adequate soil cover, will be repaved or revegetated, and the only above-ground indication of the project will be manhole accesses, which will be at-grade or within 12 to 18 inches above grade and will thus not be visible from any scenic vista, and will be visible only to passersby in close proximity of the manholes. Further, the proposed project will allow for the dismantling and elimination of the existing lift station structure, and the existing trestle-style wood bridge which supports the existing sewer line, and (optionally) the wood pole supports supporting the existing high-pressure natural gas line, both of which span the Agua Hedionda channel. Elimination of these existing structures would be considered a beneficial impact to the visual character of the site. During construction, temporary changes of visual character along the alignment of the project would occur. These changes involve the storage and use of construction and trenching equipment, temporary signage and vehicles, and soil stockpiles in the construction staging areas. These changes would be apparent to nearby motorists, business customers, employees, train passengers and residents. However, inasmuch as these changes are temporary, impacts would be less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 30 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Upon completion of construction of the project, it is concluded that the lift station structure facilities will be generally designed in a low-key (partially subterranean) and visually attractive manner. The highly-visible bridge structure and abutments will be adequately mitigated by the proposed design and materials, which include a semi-transparent bridge structure, earthtone colors, textured geometric patterns, arid landscape screening. As a result of the inclusion of these features in the project design, the project will have a less than significant impact on the visual character or quality of the site and its surroundings. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The project will not result in the installation of glare-producing lighting or assemblies. Low-intensity security lighting will be provided on the lift station site. The existing, obsolete lift station, with its associated security lighting will be removed. It is concluded that.the proposed project will not result in a significant new source of substantial light and glare and will not affect day or nighttime views in the area. All construction activities associated with the project will occur during daytime hours with the exception of the possibility of trenching/installation of the recycled water line across Cannon Road and Palomar Airport Road in order that work occur during minimal traffic volumes, and thus minimize overall traffic disruption in these two daytime high-volume intersections. This limited nighttime construction would be short-lived inasmuch the recycled line installation would involve only a 3 or 4 day (night) operation, each, and the closest residential units are 650 feet southwesterly of Palomar Airport Road, and 825 feet westerly of Cannon Road. As a result, no nighttime lighting for construction activities would be required for the project except possibly in these two specific instances. Temporary security lighting may be required in the construction staging areas where construction equipment and materials would be stored; however security lighting would be shielded away from adjacent properties and directed downward, on the construction equipment and materials. For these reasons, impacts associated with light and glare would be less than significant. ENVIRONMENTAL ISSUE TO BE ADDRESSED: • Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated II. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 31 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The California Department of Conservation, Farmland Mapping and Monitoring Program compile Important Farmland maps pursuant to the provision of Section 65570 of the California Government Code. The map associated with the Carlsbad area is the "California Department of Conservation - San Diego County Important Farmland" exhibit dated September, 2002. This map is demonstrated on Figure 11. No part of the subject project alignment is designated as Prime Farmland on this official map. The closest active agricultural operations are located east of 1-5, between Cannon Road and Agua Hedionda Lagoon. No agricultural farming occurs in or around any area of the project at this time. Thus it is concluded that no impact to Prime Farmland or Farmland of Statewide Importance will take place as a result of the proposed project. b)Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The subject project travels through property that has several different City zoning designations. These zones are; T-C (Transportation Corridor), O-S (Open Space), P-U (Public Utility), C-T-Q (Commercial Tourist - Qualified Overlay), C-l (Neighborhood Commercial) and Arterial Roadway. None of the zones are specifically agricultural zones. Although the City of Carlsbad policy does allow agriculture as an interim (non-permanent) use, no properties within the alignment of the project are presently used for agricultural purposes. No Williamson Act contracts encumber any portion of the affected properties. Therefore, no impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. California Public Resources Code section 12220(g) defines "Forest land" as "land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits." No native trees exist on the subject site. Timberland is defined in California Government Code section 51104(g) as "privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre." No evidence exists that the property presently or historically has been used for timber harvesting. As a result of these factors, it is determined that the project will not impact forest land or timber land as defined in the referenced State of California laws. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 32 \7( PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT d)Result in the loss of forest land or conversion of forest land to non-forest uses? No Impact. The proposed project does not impact forest land as indicated in Section II(c) above. Therefore the project will not result in the loss of forest land or conversion of forest land to non-forest uses. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? No Impact. No portion of the affected property contains farmland. The project would not result in the conversion of any farmland to non-agricultural use. No impact on agricultural uses will result from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED:Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 34 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms to the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. Thus, it is concluded that the project will result in no impact to implementation of the air quality plan for the region. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Unless Mitigation Incorporated: An Air Quality Conformity Assessment for the project has been prepared by Planning Systems, dated May 2, 2011. This assessment notes that the closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-yeaf time period. The assessment concludes that the project would not generate any operational emissions, as the sewer line and lift station do not emit pollutants, and the commute travel to and from the project for ongoing maintenance activities for the improvements would necessitate minimal commuting and/or equipment. The project would however, result in short-term emissions associated with grading and construction of the improvements. These emissions would emanate primarily from construction operations associated with earthwork and excavation and construction of the lift station, and to a lesser degree the open trenching operations. Such emissions would be minimized through standard construction measures such as watering the graded areas for dust control, covering haul vehicles and trucks, replanting disturbed areas as soon as practical, restricting vehicle speeds on unpaved roads to 15 mph or less to control fugitive dust, and sweeping the streets at the end of each day if visible soil material is carried onto the streets. Air quality impact analyses are based on an assessment of emissions per single day. Construction activities for the proposed project are expected to take approximately 18 months, or 354 work days. The construction would result in the disturbance of a total of 10.27 acres. This total does not include acreage beneath which trenchless HDD or microtunneling construction operations are utilized. This totals approximately 0.03 ac. (1,263 sq. ft.) of average active soil disturbance on any one day. On-road and off-road heavy equipment would be operated during pipeline construction activities, resulting in the emission of exhaust pollutants. Construction equipment and vehicles for the project would include some combination of the following types of equipment for a typical 8-hour work day: • Crane • Compacter • Paver • Flat bed truck • Loader • Roller • Backhoes • Dump trucks • Microtunnel machine • Front end loaders • Bulldozer • HDD Drill equipment • Excavator • Water trucks • Work trucks In addition, emissions from trucks hauling soil and gravel (export and import) would take place during the construction of the project. Approximately 77,000 cubic yards of soil will be graded. Much of this soil will be placed directly adjacent to Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/1J 35 176 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT the pipe excavation location, and then used to cover the pipes upon completion of the base material placement and pipe laying activities. Approximately 8,000 cubic yards of this will be imported (soil, base material and gravel), 31,000 cubic yards will be exported to an appropriate location offsite, and the balance (46,000 cubic yards) will be relocated and balanced on-site. For purposes of air quality analysis of the project construction, truck dirt hauling is estimated at 16 cubic yards per truck, approximately 40 loads per day, for 60 total days of hauling, with an approximate 15 mile round-trip. A 15 mile round-trip assumption is feasible because a 7.5 mile one-way travel distance includes all of the City of Carlsbad, northern Encinitas, and much of the cities of San Marcos and Oceanside. Numerous potential stockpile locations exist within this 7.5 mile radius. In addition, project construction will require approximately 25 construction workers on any single day. Using a worker commute distance of 24 miles each way, emissions are calculated for construction workers at the project site. Using the above assumptions, the Air Quality Conformity Assessment determined that construction operations of the proposed project will result in construction activities emissions as indicated in the following table. APCD threshold limits for significance and the resulting conclusions as to levels of significance are indicated in the two bottom lines in the table. Table 2: Construction Activities Emissions (pounds/day) Construction Activities Construction Equipment Construction Fugitive Dust Haul/Dump Trucks Worker Commute TOTAL PEAK EMISSIONS THRESHOLD" SIGNIFICANT CO 140.44 0.00 50.40 18.80 209.64 550.00 No NOX 123.84 0.00 57.95 14.72 196.51 250.00 No SOX 11.24 0.00 6.56 0.02 17.82 250.00 No PM10 13.90 2.60 3.78 0.56 20.84 100.00 No PM2.S 12.554 2.480 3.502 0.551 19.087 55.000 No ROG 31.204 0.000 5.779 0.046 37.029 55.000 No As can be seen in the table above, estimated daily emissions of CO, NOX, Sox, PMJO PM2.s and ROG during the construction period are all projected to be well below the threshold APCD standards. As shown in Table 2 above, the project complies with the APCD adopted thresholds, it is concluded that the project construction project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, and thus will not result in a significant impact to air quality. This conclusion is reached assuming the appropriate use of grading and operation procedures (in conformance with standard APCD Best Management Practice for dust control) and the other standard methods of minimizing construction airborne pollutant creation discussed above. While the air quality impacts from the project construction do not exceed the emission thresholds adopted by the APCD, the construction operation may still cause temporary adverse effects on air quality in the immediate vicinity of the project. Thus, in the absence of mitigation, construction activities may result in short-term high quantities of dust, and as a result, local visibility may be impaired due to larger dust particles, which would fall out of the atmosphere within the adjacent several hundred feet of the site and could result in nuisance-type impacts. Also, combustion engine emissions of criteria air pollutants from operation of heavy off-road construction equipment may contribute to short-term, localized adverse impacts on air quality in the immediate vicinity of the project construction. Thus, potential air pollutants that could be generated during construction include particulates (soil dust), and to a lesser extent, carbon monoxide, hydrocarbons, nitrogen oxides, and sulfur dioxides associated with combustion emissions from construction equipment, and as a result the following mitigation measures are necessary in order to reduce these potential localized impacts to a level of insignificance. AQ-1 All construction equipment will be maintained at appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would include dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. AQ-2 Project construction shall implement the following measures in order to minimize construction-related emissions due to dust: Water all active construction areas at least twice daily. Threshold Source: SDAPCD Rule 1501, 20.2(d)(2), 1995; EPA40CFR93, 1993. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 36 11? PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously-graded inactive construction areas. • Cover, enclose or apply soil binders to exposed stockpiles. • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. The City of Carlsbad Grading Ordinance and erosion control requirements also specify provisions for dust control to reduce impacts to air quality during grading activities. At a minimum, these ordinances and provisions require projects to perform regular watering and timely revegetation of disturbed areas to minimize the dust and airborne nuisance impacts to off-site receptors. Further, the site for exported soil will not exceed a maximum 15 mile round-trip for the haul/dump trucks. Emissions from construction equipment, worker and delivery and material-hauling trucks, and construction related power consumption would be temporary and would result in estimated total air quality impacts of only up to 78% of the SDAB significance threshold and therefore, in conjunction with the above mitigation measures AQ-1 and AQ-2, would result in a less than significant impact on both regional and localized air quality. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal, except for the marginal temporary increase in NOX during the approximate 60-day main excavation construction period. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Potentially Significant Unless Mitigation Incorporated. Sensitive receptors are defined as populations that are more susceptible to the effects of air pollution than the population at large. Sensitive receptors are defined by the San Diego Air Pollution Control District as schools, day-care centers, nursing homes, retirement homes, convalescent centers, health clinics, and hospitals. Land uses adjacent to the proposed project alignment include multi-family residential, railroad tracks, lagoon wetlands, YMCA youth recreation facility, open spaces, existing sewer lift station, power generating plant and accessory facilities, restaurants, convenience store and gas station, a hotel, business parks with offices and associated parking lots, urban commercial and restaurants, manufacturing and auto repair industrial development, and a sewer treatment plant. As a result of the fact that the YMCA youth recreation facility is used by children, this facility is considered a sensitive receptor. The YMCA facility is located directly adjacent to the project work area, on the north side of the lagoon channel. Lagoon channel bridge construction and equipment and machinery used for adjacent trenching would impact the YMCA facility. Since the YMCA facility is open for youth recreation only during the summer months, summer timeframe construction of the bridge and adjacent facilities on the north side of the lagoon channel would subject children using the facility to significant impacts of air pollution from the heavy machinery and construction equipment. This conflict would result in a significant air quality impact on a sensitive receptor. This significant impact however, can be reduced to a level of insignificance with the addition of Mitigation Measure AQ-3, which states that the work in this area will be accomplished with the cooperation of the YMCA youth facility staff to ensure no children are present during the period of construction for this segment. Since no other sensitive receptors are location near the proposed project (the second closest sensitive receptor is Jefferson Elementary School, which is located 1,600 linear feet north of the northerly terminus of the proposed project); with the inclusion of Mitigation Measure AQ-3, the significant impact associated with proximity to sensitive receptors is mitigated. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 3 7 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT AQ-3 Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be accomplished with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during construction of this segment. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. The project has the potential to emit odors at the sewer lift station and at manholes. The project will employ odor control at the lift station. Manhole covers will be "seated" so as to not allow escape of gaseous vapors. Odor control treatment at the lift station will include, but not be limited to; air scrubbers and carbon absorbers built into the facility. The project will utilize state-of-the-art features which remove odors and volatile organic compounds from the sewage transport process. The proposed odor control features have been proven to successfully eliminate odors from sewage facilities. This odor control technology has been used for decades at wastewater treatment and conveyance facilities and has resulted in significant success and high reliability. These advanced odor control facilities have a proven record of quality and reliability in filtering and eliminating odors from hydrogen sulfide, ammonia, mercaptans, methylamine and other malodorous gases which have been known to emanate from municipal sewage facilities. The odor control air scrubbers utilize chemical reactants to absorb soluble gases from the air stream. This process transfers the odor- causing chemicals to the liquid phase where they are neutralized and/or destroyed. The media used in the carbon absorbing packing is engineered for superior wet scrubbing. The odor control media performance will be constantly monitored, logged and maintained by the City of Carlsbad maintenance crews to ensure the system is operating properly. This odor control media will be replaced as needed to ensure compliance with the air quality standards of the SDAPCD. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Odors may become present during the excavation of soil and exposure and connections of the used sewer pipeline which will be replaced by the proposed project. Any construction odor emissions generated would be temporary, short-term, and intermittent in nature and would cease upon project completion. For these reasons, impacts associated with objectionable odors would be less than significant. ENVIRONMENTAL ISSUE TO BE ADDRESSED: IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D D Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 3 8 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT n nd) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. A Preliminary Biological Assessment of the proposed project was prepared by Planning Systems, dated May 28, 2010. According to this report, vegetation within the alignment which would be impacted through implementation of the project includes Diegan Coastal Sage Scrub (unoccupied by the California gnatcatcher) (HMP Habitat Group D), Non-native Grassland (HMP Habitat Group E), Eucalyptus Woodland (HMP Habitat Group F), Disturbed Land (HMP Habitat Group F), and Developed Land. Permanent impacts for the project will total 3.24 acres and temporary impacts will total 7.35 acres. Permanent impacts are those associated with the construction of the pump station facility, those impacted by permanent grading, and those associated with the Agua Hedionda channel bridge abutment and support foundation structures. Following the construction period, all other areas of the project will be repaved or revegetated and the only above-ground indication of the project will be manhole accesses, which will be at-grade or within 12 to 18 inches above grade and will thus not be visible except to passersby in close proximity. Therefore all improvements associated with open trench installation of the underground sewer line will be backfilled and restored to original condition, and are thus considered temporary. The horizontal bridge structure is situated above the ground and water surface, and thus is not considered a biological impact. Lengths of the sewer line which are installed through HDD and micro-tunneling are not considered a biological impact inasmuch as minimal impact to the ground surface will occur (i.e.; drilling rig and receiving pits). Federal and state endangered or threatened species lists are maintained by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG), respectively. Sensitive or special status species represent non-listed species designated as such by CDFG, USFWS, local agencies and special interest groups, such as the California Native Plant Society, who publish watch-lists of declining species. Non-listed species covered by the San Diego County Multiple Species Conservation Plan (MSCP) are also considered sensitive or special status species. The following table provides a list of the sensitive plant and animal species, including federal and state endangered or threatened species that have the potential to be present in the project area. Table 3: Sensitive Plants and Animals Potentially Present in the Project Area Species Sensitivity Status Occurrence within Alignment Potential for Occurrence within Alignment PLANTS Acanthomintha ilicifolia (San Diego thorn-mint) Ambrosia pumila (San Diego ambrosia) Arctostaphylos g. ssp. crassifolia (Del Mar Manzanita) HMP Narrow Endemic HMP Narrow Endemic HMP Narrow Endemic Absent Absent Absent Low, no vernal pools observed, specific soil type does not occur on-site Low, minimal, readily-observable habitat on-site Low, habitat does not occur on-site Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 3 9 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Baccharis vanessae (Encinitas baccharis) Brodiaea filifolia (Thread-leaf brodiaea) Brodiaea orcutti (Or cult's Brodiaea) Ceanothus verrucosus (Coast white lilac) Chorizanthe orcuttiana (Or cut's spine/lower) Comarostaphylis d. ssp. diversifolia (Summer holly) Corethrogyne filaginifolia var. linifolia (Del Mar Mesa sand aster) Dudleya blochmaniae ssp. blochmaniae (Blochman 's dudleya) Dudleya viscid (Sticky dudleya) Eryngium aristulatum ssp. parishii (San Diego button celery) Euphorbia misera (Cliff spurge) Ferocactus viridescens (San Diego barrel cactus) Hazardia orcuttii (Orcutt's hazardia) Iva hayesiana (San Diego marsh elder) Muilla clevelandii (San Diego goldenstar) Myosurus minimus ssp. apus (Little mousetail) Navarretia fossalis (Prostrate navarretia) HMP Narrow Endemic HMP Narrow Endemic HMP Narrow Endemic Fed. Species Special Concern HMP Narrow Endemic Fed. Species Special Concern HMP Narrow Endemic HMP Narrow Endemic, Fed. Species Special Concern Fed. Species Special Concern HMP Narrow Endemic Fed. Species Special Concern HMP Narrow Endemic, Fed. Species Special Concern Fed. Species Special Concern HMP Narrow Endemic, Fed. Species Special Concern HMP Narrow Endemic, Fed. Species Special Concern HMP Narrow Endemic Absent Unknown Unknown Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Absent Unknown Absent Absent Low, No populations known in Carlsbad Moderate, no vernal pools observed, but clay soil occurs on-site and associated also occur. Due to out of season survey no presence/absence conclusion possible. Moderate, no vernal pools observed, but clay soil occurs on-site. Due to out of season survey no presence/absence conclusion possible. Low, habitat does not occur on-site Low, outside of known range Low, habitat does not occur on-site High, site intensively searched, not present Low to moderate, no concretions observed on site Low to moderate, distinctive plant with specific preferred conditions not found on-site Low, no vernal pools observed on-site Low to Moderate, preferred conditions not present Low - distinctive plant sought, not observed on-site Low, outside of known range, plant sought, not observed on-site Low, distinctive plant sought, not observed on-site Low to moderate, near edge of range, Due to out of season survey no presence/absence conclusion possible. Low, no vernal pools observed on-site, Low, no vernal pools observed on-site Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 40 18\ PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Orcuttia californica (California orcutt grass) Pinus torreyana (Torrey pine) Quercus dumosa (Nuttal's scrub oak) Quercus engelmanni (Englemann oak) HMP Narrow Endemic Fed. Species Special Concern Fed. Species Special Concern Fed. Species Special Concern Absent Absent Absent Absent Low, no vernal pools observed on-site preferred conditions not present Low, distinctive plant would have been easily observed if present Low, distinctive plant would have been easily observed if present Low, distinctive plant would have been easily observed if present Amphibians/Reptiles Phrynosoma coronatum blainvillei (Coastal horned-lizard) Fed. and State Species Special Concern Expected High, expected to occur onsite. Birds Ardea Herodias Herodias (Great blue heron) Sterna elegans (Elegant tern) . Pelecanus occidentals californicus (Brown pelican) Polioptila melanura (California gnatcatcher) State Endangered State Species Special Concern Fed. and State Endangered Federal Threatened Observed Observed Observed Observed High, observed in lagoon area adjacent to sewer alignment High, observed adjacent to project area. High, observed in lagoon area adjacent to lift station site High, observed in coastal sage scrub adjacent to sewer alignment Thus, according to the Preliminary Biological Assessment dated May 28, 2010, of the 24 plants, one reptile, and four sensitive birds which have some potential to occur within the alignment of the project, all but three plants are absent from the project alignment, and the reptile was expected, and the four bird species were observed. The project will impact vegetation associations and necessitate compensatory mitigation as indicated on the following table: Table 4: Project Impacts to Vegetation Communities Vegetation Community SENSITIVE Diegan Coastal Sage Scrub NON-SENSITIVE Non-native Grassland Eucalyptus Woodland Disturbed Lands Developed Land TOTAL HMP Habitat Group D E F F N/A Mitigation Ratio Perm. Ratio 2:1 0.5:1 0.1:1 0.1:1 — Temp. Ratio 1:1 0.5:1 0.1:1 0.1:1 — Total Impacts (Acreage) Perm. Impacts 0.05 0.79 0.19 1.16 1.05 3.24 Temp Impacts 0.04 0.69 0.10 2.67 3.85 7.35 Total Impac t 0.09 1.48 0.29 3.83 4.90 10.59 Mitigation (Acreage) Perm Mit. 0.10 0.40 Temp Mit 0.04 0.34 Total Mit. 0.14 0.74 0.03 0.38 — 1.29 As can be seen, project related impacts will occur to four non-sensitive associations and one sensitive vegetation association, Diegan coastal sage scrub. Direct, permanent impacts are proposed to occur to 0.05 acre of DCSS. DCSS is the preferred habitat of the California gnatcatcher, a listed federally threatened species, however, a wildlife survey of the area conducted as part of the Preliminary Biological Assessment, dated May 28, 2010, concluded that the subject impact area is not occupied by the California gnatcatcher. This total 0.09 acres of impact (0.05 acres permanent and 0.04 acres temporary impact) is considered significant and will require mitigation. Thus, Mitigation Measure BIO-1 and BIO-2 are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 above, except that Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 41 I Si PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT project mitigation for DCSS must include a minimum of 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the demolished, filled-in existing lift station overflow basin, but could occur in a different location in the area. Although not considered sensitive, Non-native grassland, Eucalyptus Woodland and Disturbed Lands all possess biological value as wildlife foraging habitat, in the case of Eucalyptus Woodland, perch and nesting habitat, and thus, per the Carlsbad HMP requirements, impacts will also require mitigation. Impacts to Developed Lands are not significant and do not require mitigation per the HMP. Thus, Mitigation Measure BIO-1 is included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4. The Lake Calavera property was identified in the City's HMP as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. As indicated in Table 4, the proposed project will impact a total of 5.67 acres of Habitat Groups D, E and F (although this figure will be reduced by a DCSS-creation component of 0.09 acre). Thus, 1.20 acres (1.29 acres minus the 0.09 acres of DCSS-creation component = 1.20 acres of credit) from the Lake Calavera Mitigation Parcel is required. Therefore sufficient mitigation acreage credit is available at the Mitigation Parcel for this project. No project related impacts will occur to sensitive wetland or riparian habitats. Project work near riparian scrub habitat will occur only on the existing road surface of Avenida Encinas. Open water habitat in the Agua Hedionda channel will be crossed via an overhead bridge. The bottom of the channel under the bridge location is rocky (riprap) and sandy, with no observable indication of eelgrass or other sensitive submerged aquatic vegetation. Thus, the shadow of the bridge will not impact any sensitive vegetation. The bridge abutments will be constructed on the upland terrain on each side of the channel. The project will utilize construction measures to ensure that soil and construction debris avoids entering the channel during or after the construction process. Machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, and will maintain a minimum 10 feet from non-impacted sensitive vegetation communities. Also, staging areas for pipes, machinery, materials and tools will be within adjacent traffic lanes which will be closed to traffic. Backhoe tractors will be primarily utilized for trenching, with the spoils temporarily laid directly adjacent to the trench, a minimum 10 feet from any sensitive vegetation. Trucks to transport materials to the site and other smaller vehicles will access the area and park on the public streets and on the urbanized pads. Thus, direct temporary impacts to adjacent sensitive habitats will be avoided. Mitigation Measures BIO-3 and BIO-4 will ensure that impacts to adjacent sensitive properties are avoided. However, the project may have the potential for indirect impacts on nesting or breeding birds in the habitats located in the adjacent Agua Hedionda Lagoon area because of impacts resulting from temporary, construction-related noise. Listed birds not identified on or near the site but potentially impacted by indirect impacts include the Great blue heron, Elegant tern, and the California Brown pelican, all species that are listed as endangered or threatened and may be found in and around the adjacent open water. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from January 15 to September 15 of any year. If project construction is contemplated during this time, the project would need to implement mitigation measures to ensure any construction noise impacts do not significantly impact these nesting migratory birds. Mitigation Measure BIO-5 will ensure that noise impacts do not adversely impact nesting birds. Birds in the area nest in trees, shrubs and on the ground. The Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503 and 3505.5 protect nesting birds, compliance with which necessitates avoiding disturbance of nesting birds during nesting season. Further, the project is subject to adopted HMP Adjacency Standards so that any other aspects of project construction or use that might impact wildlife, such as the introduction of invasive plants or exotic species or dust, are addressed and avoided through project design and construction notes. Mitigation Measure BIO-6 will ensure that the project is in compliance with the MBTA and the California Fish and Game Codes referenced above. Thus, the mitigation measures referenced above, plus Mitigation Measure BIO-7 and BIO-8 are appropriate in order to minimize construction impacts to sensitive wildlife species identified as a candidate, sensitive or special status species or to Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 42 183 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT any sensitive habitats, or wildlife in the area, and to eliminate the potential for impacts to nesting sensitive species which would be expected to utilize the area during breeding season. These mitigation measures will address potential temporary impacts to birds that could result from construction during the nesting season and reduce those impacts to a level of insignificance. Mitigation measure BIO-9 will serve to avoid exotic plant competition and invasion of native habitats upon which these sensitive birds and animals forage. Agua Hedionda Lift Station and Sever Line Project Environmental Initial Study - 6/28/11 43 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT BIO-1 Mitigation for permanent and temporary impacts to upland vegetation communities (HMP Habitat Groups D, E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres) from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 above (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1:1 creation component, as indicated in Mitigation Measure #2 below). The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. BIO-2 Pursuant to Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies-approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. BIO-3 In order to avoid impacts to adjacent open space habitats during construction, all impacted open space ; interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the project. BIO-4 The developer shall hire a biological monitor to monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and USFWS to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the Wildlife Agencies within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. BIO-5 Prior to the commencement of any ground-disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (< 3 days), biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 44 I8S" PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT September 15 and January 15). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. BIO-6 Construction noise created during the breeding season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). BIO-7 The developer shall train all contractors and construction personnel on the biological resources adjacent to portions of this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the Endangered Species Act. BIO-8 In order to adequately protect the adjacent open spaces, the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans; and • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from adjacent natural habitats. BIO-9 The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study-6/28/11 45 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Potentially Significant Unless Mitigation Incorporated. As indicated in the Preliminary Biological Assessment, dated May 28, 2010, the proposed project will not directly impact (temporarily or permanently) any wetland or riparian habitats. The project does however, bridge the Agua Hedionda channel. The Agua Hedionda channel is an open water habitat subject to state and federal jurisdiction. According to the USAGE, on coastal bays, jurisdictional wetlands extend to an elevation of 1.5 feet above the mean ordinary high tide level, regardless of the presence or absence of other wetland indicators.4 The RWQCB, CDFG and the CCC also operate using this definition of wetlands along tidal margins. Tides are measured as height above mean lower- low water (MLLW) elevation above mean sea level (MSL). MLLW elevation along the Carlsbad coast is 4.37 feet. Mean high water (MHW) in this location is 8.97 feet. The difference between these two water heights is the ordinary high water [tide], or 4.60 feet MSL. Therefore the wetland boundary follows the 4.60 + 1.5 feet = 6.1 feet above MSL elevation on Agua Hedionda Lagoon in this location. In the area of the subject project alignment on the north and south sides of the Agua Hedionda Lagoon channel, the property up to and above the 6.1 foot contour contains rock riprap shore protection and at higher levels, native and non- native upland vegetation. No standard wetland indicators (i.e.; hydric soils, wetland hydrology, or wetland plants) were observed in this area above the 6.1 foot contour. No incised channels that would constitute non-wetland jurisdictional areas were observed. Based on these observations, the Preliminary Biological Assessment concluded that all jurisdictional and non-jurisdictional wetland areas are confined to the area 6.1-feet MSL contour and below on both sides of the channel. The proposed bridge vertical support footings will be constructed on upland terrain, set at the approximate 10-foot elevation and the horizontal pipe support will fully span the entire length of the channel from the north side 10-foot elevation support to the south-side 10-foot elevation support. Thus, since the wetland jurisdiction is limited to below the 6.1-foot contour, and no wetland indicators exist above the 6.1-foot contour, the project does not encroach or impact on jurisdictional wetlands or waters in this area. Open water flows in the channel inlet between under the location of the proposed bridge structure. The bottom of the channel in this location is rocky (riprap) and sandy, with no observable indication of eelgrass or other sensitive submerged aquatic vegetation. Thus, the shadow-cast of the proposed bridge will not impact any sensitive wetland biology in the channel. The construction of the bridge will involve the pouring of abutments on each side of the channel and the laying (via crane) of the horizontal bridge structure between the abutments, so as to totally avoid direct impacts to the channel. However, since the bridge work, pipe trench work and lift station work are all being conducted in relatively close proximity to the channel however, indirect impacts to this wetland jurisdictional area could take place if precautions are not taken to ensure that construction work and surface drainage near this area avoids indirect impacts to the wetlands. As a result of this potential impact, Mitigation Measure BIO-10 is appropriate. BIO-10 will serve to ensure that silt and erosion from construction operations do not enter the adjacent wetlands. Also, the riparian scrub habitat occurring near (immediately west of) the south end of the project is supported by storm drain outfall passing beneath Avenida Encinas, and would be expected to be considered jurisdictional pursuant to state and federal guidelines. However, a wetland delineation was not performed for this drainage because the project will not result in any direct or indirect impacts to any of the vegetation in this drainage. Project work near this riparian scrub habitat will occur only on the existing road surface of Avenida Encinas. Also, the project will utilize measures to ensure that soil and construction debris avoids entering this drainage during or after the construction process. Therefore no impact to this riparian habitat will result from the project. The project could however, have an indirect adverse effect on adjacent aquatic habitats as a result of the horizontal directional drilling (HDD) drilling effort. From the south end of the lift station to a point south of Cannon Road (approximate 3,825 linear feet), the sewer line will be installed via this HDD underground tunneling method. This method allows boring of a hole of sufficient size through use of a pilot hole and then a series of increasingly large steerable drill bits at the horizontal and vertical elevation required for the pipe. A "drillers fluid" (bentonite clay slurry) is then pumped into the tunnel void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins. HDD operations can result in the potential for "inadvertent return", or the loss of driller's fluid through a "spill" or a "frac-out". These are situations where the drill bit encounters ground obstructions, unanticipated soil behavior or other equipment failure, and the fluid reaches the surface of 4 USAGE Regulatory Guidance Letter, RGL 08-02, June 26, 2008 Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 46 187 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT the ground or waterway. A spill or frac-out could result in drilling fluid entering a drainage course, and ultimately polluting adjacent aquatic resources. Therefore, BIO-11 has been added to require the project applicant to prepare and receive approval of a Spill Contingency Plan for the project. With the inclusion of this mitigation measure, the potential impacts associated with HDD drilling will be mitigated to a level of insignificance. As a result of these factors, it is concluded that the project will avoid any direct or indirect impacts to wetlands and waters of the U.S., and will mitigate the potential for indirect aquatic or other sensitive biological impacts to a level of insignificance if the following mitigation measures are adopted. BIO-10 During construction, the project applicant shall install temporary silt barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All work activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. BIO-11 Prior to beginning construction work, the project contractor shall notify the City Engineer, City Planner, and Coastal Commission Staff as necessary, of their completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Contingency Plan shall include, at a minimum, the following requirements: a. In the event that a "frac-out" (escape of bentonite slurry into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spilled fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan. If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre-project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchless construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is legally required. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially Significant Unless Mitigation Incorporated. As indicated in the response to FV(b) above, and also as concluded in the Preliminary Biological Assessment, dated May 28, 2010, the proposed project will not directly impact (temporarily or permanently) any wetland or riparian habitats. Pursuant to Section 404 of the Clean Water Act (CWA), the USAGE maintains regulatory authority over jurisdictional wetlands, waters of the United States, and non-wetland waters under specifically identified conditions. The Agua Hedionda Lagoon is characterized as a jurisdictional wetland that meets these conditions. No direct impact to this wetland is proposed through implementation of the project. No impacts from the proposed bridge shadow will result from the project. While the bridge does not necessitate authorization for discharge or Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 47 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT fill material under Clean Water Action Section 404; construction of the new bridge will nonetheless, require a "Nationwide Permit" (NWP) issued by the U.S. Army Corps of Engineers pursuant to Section 10 of the River and Harbors Act. The River and Harbors Act requires authorization from the Army Corps for the construction of any structure in or over any navigable water of the United States. This channel meets the definition of "navigable water" because it is a coastal, inland water subject to the ebb and flow of the tide The project also involves the removal of the existing trestle bridge structure which supports the existing 42-inch sewer pipe in the same approximate area of the channel. This bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set into concrete situated as deep as approximately 20-feet below the mud line on the bottom of the lagoon. Also, the four wood piles (telephone pole-type supports, two on land and two in the channel) cross-supporting the existing 12-inch high pressure gas transmission line may be removed from the channel if the gas line is relocated to the new bridge structure. The above-channel bottom and below channel-bottom structural sections of the existing sewer trestle bridge will be removed. These same sections of the natural gas line bridge will also be removed if it is decided to relocate the gas line segment crossing the lagoon channel to the proposed sewer bridge. Once removed, the piling holes will partially collapse and then fill with sand and sediment from the tidal action through the channel. This removal of wood supports and concrete pilings from the channel is not considered a significant impact to the open water channel habitat, but the removal of the pilings could theoretically result in discharge of removed sand material adhering to the pilings, dropping back into the channel. As a result of this factor, the NWP for the new bridge will also cover removal of the existing bridges. This removal of the existing trestle bridges is considered a beneficial impact of the project and will constitute mitigation for the new bridge structure construction. Therefore, issuance of a NWP 12 (Utility Line Activities) is required prior to removal of the trestle bridges, and/or construction of the new bridge. Likewise, a state Notification of Lake or Streambed Alteration Agreement pursuant to Section 1602 of the California Fish and Game Code will be required for the same reasons. The Coastal Act definition of "development" requires that the coastal development permit for the project include demolition of the trestle bridge(s). As a result of the factors discussed above, the project avoids impacts to wetlands as defined by Section 404 of the Clean Water Act. However, the removal of the bridges and their replacement with the new bridge will result in a significant impact to resources protected by the River and Harbors Act, unless mitigation measure BIO-12 is included in the project. Thus, with the inclusion of BIO-12, requiring the referenced permits, the project will not result in substantial adverse effects on federally protected wetlands. BIO-12 Prior to removal of the existing sewer and/or gas trestle bridges or construction of the new bridge over the Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act from the U.S. Army Corps of Engineers. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the existing trestle bridges is anticipated to be required. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. The subject sewer improvements and utility relocations are within an area regulated by the City of Carlsbad Habitat Management Plan (HMP). This HMP establishes the policy impact and mitigation standards with regard to the requirements of the Federal and State Endangered Species Acts (ESA). This HMP identifies the location of proposed habitat preserves and links, intended to establish wildlife connectivity and corridors. The project crosses HMP Core #4, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. The rest of the proposed project alignment is within urbanized areas, not identified as a core, linkage, special resource area, existing or proposed hardline conservation area, or proposed standards area as defined by the HMP. The single Core #4 crossing is at the proposed Agua Hedionda channel bridge. The channel bridge will be situated approximately 17-feet above the surface of the lagoon, and will span the entire channel width. Thus, since the project will Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 48 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT not obstruct or displace any portion of the channel, no aquatic corridor impacts are anticipated to result due to project implementation. As indicated in the response to Section IV(c) above, since the proposed project will not affect wildlife movement in this channel, and will not impact any other BMP or other identified wildlife corridor or wildlife movement, the project is considered consistent with this HMP designation and will have a less than significant impact on the HMP corridor crossing. Since no impacts to the lagoon channel will result from the project, no impacts to migratory fish will result from the project. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. City of Carlsbad has an adopted heritage tree preservation policy. Heritage trees are identified trees located within the city limits which are identified as having notable historic interest or trees of an unusual species or size. The project does not impact any of these trees. The proposed lift station would however, impact 12 eucalyptus trees, for which mitigation is required pursuant to the policies of the HMP. However, as a result of the fact that impacts to these eucalyptus trees will be mitigated pursuant to Mitigation Measure BIO-1, and the fact that no protected trees are impacted by the project, it is determined that the project would not conflict with the Carlsbad HMP or any other policy or ordinance, as indicated in the discussion in Section IV(c) above. For these reasons it is concluded that a less than significant impact would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Impact. The City of Carlsbad Habitat Management Plan (HMP) designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. In addition, the project is also located within the California Coastal Zone and the Mello II segment (City of Carlsbad certification) and Agua Hedionda Lagoon segment (area of deferred certification) of the adopted Local Coastal Program (LCP). No other local, regional or state habitat conservation plans specific to this site encumber the property. The project crosses HMP Core #4, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. The project however, will mitigate for impacts to vegetation communities protected by that HMP, as discussed in Section IV (a) above. The HMP contains a number of Adjacency Standards that specifically apply to projects adjacent to sensitive habitat. As this project is located in the Mello II Land Use and Implementation Plan segment of the City's Local Coastal Program, it is subject to these policies. However, since the project does not permanently disturb any sensitive habitat, several of these policies do not apply. 1. Fire Management. The project is proposing only two above-grade structures, the sewer lift station and the Agua Hedionda Lagoon channel bridge structure. As a result of the specific characteristics of these structures, neither of these structures will necessitate a fire suppression or "clear area" around them. As a result the project does not result in impacts that would affect Fire Management. 2. Erosion Control. The project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will provide a multiple- treatment program, including four different treatment systems; (1) a vegetated or river rock swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, (2) filtering through a subsoil matrix, and filtration into the underlying soils, an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running' Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 49 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT offsite, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. The project will not direct any new surface drainage into Agua Hedionda Lagoon. 3. Landscaping Restrictions. Mitigation Measure BIO-10 will ensure that landscaping restrictions will avoid impacts to the sensitive habitats from landscaping provided in conjunction with the project. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because only low intensity security lighting will be provided on the lift station. Fencing is proposed only around the lift station site. 5. Predator and Exotic Species Control. The project would comply with this standard in the following ways: (1) the project will mitigate for permanent impacts to biological resources, and thus will not affect the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts will be minimized through coordinated placement of excavated soil and storage of machinery and materials as indicated in Section IV (a) above. The HMP also includes Additional Conservation Standards to be applied to properties in the Coastal Zone (Policies 7-1 through 7-14). The following is an analysis of compliance with these Conservation Standards: 1. Policy 7-1. The project complies because it does not encroach into or propose construction in an environmentally sensitive habitat area (ESHA). ESHA is defined in the Coastal Act Section 30107.5 as, "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The project avoids impacts to sensitive habitats, with the exception of minor slivers of the important DCSS habitat. However, the DCSS in this area is not rare or especially valuable because it is situated in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project does not impact ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.09 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, the only portion of the project that is situated within an identified hardline open space is the Agua Hedionda channel bridge, which will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. 2. Policy 7-2. The project complies because it mitigates for impacts to DCSS through 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. These 0.09 acres of DCSS revegetation is expected to occur within and around the eastern half of the demolished, filled-in existing lift station overflow basin, but could occur in a different location in the area. Thus, as a result of the inclusion of Mitigation Measures BIO-1 and BIO-2, the project will result in no-net-loss of DCSS. 3. Policy 7-3. The project complies because it does not impact any Oak Woodland vegetation. 4. Policy 7-4. The project complies because it does not impact any stream course. 5. Policy 7-5. The project complies because it does not impact any ephemeral drainage or ephemeral stream. 6. Policy 7-6. The project complies because it does not impact any delineated wetlands. 7. Policy 7-7. The project complies because the only impact to wetlands from the project is the removal of the trestle bridge(s) and the trestle footings and their replacement with the new bridge (which will span over the top of'the wetlands). Thus, the temporary construction impacts to wetlands are not permanent and the project will result in no loss of wetland. 8. Policy 7-8. The project complies because it fully mitigates for impacted DCSS, and does not impact Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 9. Policy 7-9. The project complies because it fully mitigates for impacted DCSS, and does not impact Southern Maritime Chaparral, Maritime Succulent Shrub, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 10. Policy 7-10. This policy is not applicable because the project area is not highly constrained (i.e.; is less than 80% constrained), and thus the project is in compliance with this policy. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 50 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 11. Policy 7-11. The project complies because all proposed structures (except for the proposed bridge across the Agua Hedionda Lagoon channel) will maintain in excess of the minimum 100-foot wetland setback, and in excess of the minimum 20-foot setback from all DCSS. The bridge structure however, is location dependent because no feasible alternative location exists for the bridge and by definition it must cross the channel. Further, the bridge will replace an existing bridge which will be removed. Thus, a reduction in setback for the bridge will be necessary. With this anticipated reduction in setback for the location-dependent bridge, the project is in compliance with this policy. Policy 7-12. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 12. Policy 7-13. This policy is not applicable to the project because the project is not located on lands adjacent to Macario Canyon and Veterans Memorial Park. 13. Policy 7-14. This policy is not applicable because the project is not located on any of the properties identified. ENVIRONMENTAL ISSUE TO BE ADDRESSED: V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D D a)Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. An Archaeological Resources Survey for the Agua Hedionda Sewer and Lift Station, dated May 2009, has been prepared by Affinis for the proposed project. Based on an archaeological literature and records search of historic maps and aerial photographs, no buildings or structures have been recorded within the project area of potential effect. No National Register listed properties or California Points of Historic Interest exist within the alignment of the project Historic maps reviewed were the 1901 USGS 30' San Luis Rey quadrangle, the 1898 USGS 15' Oceanside quadrangle, the 1942 USGS 15' Oceanside quadrangle, the 1948 USGS 7.5' San Luis Rey quadrangle, and the 1948 USGS 7.5 Encinitas quadrangle. The 1928 County tax factor aerial photographs were reviewed as well. The Native American Heritage Commission was contacted for a search of their Sacred Lands File. Interested parties identified by the Native American Heritage Commission were contacted regarding the project. Correspondence with the Native American Heritage Commission and the local Native American community occurred. No historic buildings or resources were identified as a result of these efforts. As a result of the fact that no historical resources have been recorded or were identified in the vicinity of the project, no impact to historical resources will result from implementation of the project. b)Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? Potentially Significant Unless Mitigation Incorporated. The lagoons of northern San Diego County, including Agua Hedionda, provided a rich environment that was used by native populations for thousands of years. Dozens of archaeological sites, evidenced by scatters of marine shell, flaked stone tools, ground stone implements, and fire-affected rock from hearths, are found along the margins of Agua Hedionda Lagoon. The area is also at the juncture of the territories Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 51 19* PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT of the Luiseno Indians in the north and the Kumeyaay in the south. A number of local historical authorities show the south side of Agua Hedionda Lagoon as the boundary between the two territories. Records investigations for the Archaeological Resources Survey concluded that two archaeological sites (CA-SDI-10,478 and CA-SDI-210) were previously recorded adjacent to the project area and one site was previously recorded within the impact area (CA-SDI-6751). The entire length of the project alignment, including the above-referenced three potential- archaeological sites was field-surveyed for cultural resources by an archaeologist and a Native American monitor. No evidence was found of CA-SDI-10,478, which was noted in the immediate area of the area of project impact. Marine shell was found in the mapped area of CA-SDI-6751; however all of the soil in this area appeared to be dredge spoils and other fill. No cultural material was observed in these soils. No other cultural material was found within the project area. It was noted however, that the marine shell observed within the project area appears to be the result of dredging, and the Encina Power Plant supports fill soils of unknown origin. Based on monitoring of geotechnical testing, it is suggested that intact cultural deposits may be present beneath the fill soils, the depths of which vary from 2.5 feet to 10 feet. Therefore, if the proposed pipeline would be trenched into native soils beneath these fills, which is anticipated, there is a potential for encountering cultural resources. Given the number of archaeological sites in the area and the nature of the soils, there is a potential for archaeological resources to exist within a subsurface context, with little or no evidence on the existing soil surface. As a result, Mitigation Measure CUL-1 is included in the MMRP. Investigations conclude that the Native American Heritage Commission has no record of Native American cultural resources within Vi mile of the project, although there are Native American cultural resources in proximity to the project area, as indicated above. As a result, the project could also result in a significant impact to Native American resources if mitigation is not included. Therefore, Mitigation Measure CUL-2 is included in the MMRP. If the following mitigation measures are included, impacts associated with archaeological resources will be mitigated to a level of insignificance. CUL-1 Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 52 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT remains and items associated with Native American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. CUL-2 Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and City Staff. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Potentially Significant Unless Mitigation Incorporated. Based on a literature review of the subject project alignment, including published geologic maps, and field reconnaissance, the project site is generally underlain by fill, alluvium, and terrace deposits. Fill soil is presumed to have been placed in the area in conjunction with grading for the adjacent land uses, including the railway, building pads associated with the power plant and accessory tanks and uses, commercial structures, and roadways, including 1-5. The fills are generally expected to be relatively shallow; however fills placed to construct the railroad where the proposed pipe bridge across the Agua Hedionda Lagoon channel is proposed may be up to 35 feet deep. These fill soils would be expected to have a low potential to contain significant nonrenewable paleontological resources as any resources would have been destroyed by previous construction. Therefore, it is determined that no unique geologic features would exist in relation to the fill soil impacted by the project. Alluvial deposits also underlay the area around the Agua Hedionda Lagoon. The materials generally consisted of light olive gray to dark brown, poorly consolidated, sands and silty sands. In locations where the pipe bridge is proposed to cross Agua Hedionda Lagoon, at the north and south abutment locations, the alluvium is anticipated to extend to depths of about 150 feet and 75 feet deep, respectively. Unique or high quality paleontological finds are not expected in the alluvial materials due to the unconsolidated character of this soil, and thus its relatively poor ability to hold artifacts together over geologic epoch periods. Pleistocene-age terrace deposits were observed along the west side of Avenida Encinas, south of Palomar Airport Road and along the railroad right of way south of Cannon Road. The materials observed generally consist of light brown to reddish- brown, damp, loose to dense, silty, and fine to medium-grained sand. The terrace deposits are expected to underlie the surficial soils across the project site. These Pleistocene-age deposits have in the past, in Carlsbad, yielded significant fossils of extinct animals from the Ice Age. Some trenching activities of the project would occur at depths (i.e.; the bridge abutments will be dug to a depth of 20-feet below the surface) and in areas that contain these soil deposits and the potential for disturbance of paleontological resources could be significant. The implementation of CUL-3 in conjunction with the project would reduce impacts to paleontological resources to level of less than significant. CUL-3 Prior to any excavation or trenching into undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitoring paleontologist. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. A review of cultural literature of the vicinity of the alignment of the project concludes that no known human remains are located in the area of impact of the proposed project. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on the project site, no further disturbance shall occur until the County Medical Examiner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to state regulations would be required, no mitigation would be necessary in the unlikely event that human Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 53 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT remains were discovered during construction of the project. Thus, no impact to human remains is expected to result from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED:Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D D n D D D VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. El El El Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 54 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the California Geological Survey for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 4.5 miles westerly of the subject site, is made of predominately right-lateral strike-slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north- northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. A Geotechnical Evaluation of the Agua Hedionda Lift Station and Force Main, dated August 3, 2009, has been conducted by Ninyo & Moore, Geotechnical and Environmental Sciences consultants. This report concludes that based on then- review of published geologic maps and historic aerial photographs, as well as their site reconnaissance, that although the project site is considered to be in a seismically active area, no active faults are known to be present across the project site. The closest fault is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. Due to the lack of known active faults on the site, the potential for surface rupture at the site is considered low. Further, the project site is not within a fault-rupture hazard zone as determined in the geotechnical report, and as indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. For these reasons, project impacts would be less than significant. ii. Strong seismic ground shaking? Less Than Significant Impact. Based on a Probabilistic Seismic Hazard Assessment for California, issued by the United States Geological Survey/California Geological Survey (2003), the project is located in a zone where the horizontal peak ground acceleration having a 10 percent probability of exceedance in 50 years is 0.34g (34 percent of the acceleration of gravity). The requirements of the governing jurisdictions and applicable building codes should be considered in the project design. As indicated in the response to Issue No. VI(a)(i) above, based on a review of the referenced reports and geologic maps, as well as on a geologic field reconnaissance, the project site is not underlain by known active faults (i.e., faults that exhibit evidence of ground displacement during the last 11,000 years). Further, the project does not include any habitable structures, however daily inspection and regular maintenance of the lift station would result in people working in the station for short periods. Thus, the hazards associated with ground shaking during a seismic event would be minimal. Although not expected, the sewer pipeline could be damaged by ground shaking, conceivably causing a leak or rupture and leading to a spill into other areas. The City of Carlsbad Engineering Public Works Department has procedures in place and would immediately repair the pipeline on an emergency basis and contain any spills or leakage. As such, impacts from strong seismic ground shaking would be less than significant. iii. Seismic-related ground failure, including liquefaction? Potentially Significant Unless Mitigation Incorporated. Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research and historical data indicates that loose granular soils and non-plastic silts that are saturated by a relatively shallow groundwater table are susceptible to liquefaction. Some of the saturated alluvial materials in and around the lagoon areas, including Agua Hedionda Lagoon, have a potential for liquefaction. Liquefaction potential of soils in the vicinity of the Agua Hedionda Lagoon bridge crossing and at the lift station site has been evaluated through exploratory borings and it has been concluded that the relatively loose to medium dense, granular soil layers occurring below the historic high groundwater level (Elevation +1 MSL) and up to a depth of approximately 12 feet below the ground surface at the southern abutment of the proposed bridge are susceptible to liquefaction during a Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 55 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT severe seismic event. As a result of this potential for liquefaction, the bridge structure may be subjected to soil settlement. The amount of post-earthquake settlement has been determined (Geotechnical Evaluation. Ninyo & Moore, August 3, 2009) to be up to approximately 3 inches at the southern bridge abutment (location of greatest settlement). Since the lagoon channel bridge is being constructed to carry the 54-inch sewer trunk line, the 12-inch recycled water line, the optional high-pressure natural gas transmission line, the 6-inch potable water line, maintenance vehicles and the Coastal Rail Trail, the potential exists that liquefaction-caused slumping of the southern bridge abutment could occur, This is considered a potentially significant impact. Thus, mitigation measure GEO-1 is included which requires the use of deep foundations and the removal and recompaction of surface soils prior to the construction of the southern bridge abutment. Inclusion of mitigation measure GEO-1 will reduce the potential impact from liquefaction to less than significant. The liquefaction-induced settlement at the northern abutment is estimated to be less than 0.5 inches, and thus is considered a less than significant impact. As indicated in the Geotechnical Evaluation, the installation of utility piping lines such as those proposed will not result in soil settlement, spread or subsidence in the area, and should thus not impact future proposed development in the vicinity of the project, including the CECP. Trenches and horizontal directional drilling ("HDD") will be designed and constructed by professional personnel, in accordance with OSHA regulations. The Geotechnical Evaluation concludes that due to the depth of the proposed pipelines, settlements are not anticipated to impact surface improvements and underground utilities. Where necessary, compacted fill soil and gravel will be placed above and below the pipeline (within the trench) in order to protect the sewer line. Further, the sewer pipe will be constructed to be consistent with design standards for such pipes in areas susceptible to liquefaction. Also, the existing sewer lift station and_sewer pipeline has existed for many years and no significant liquefaction has occurred. Thus, the moderate liquefaction risk associated with the alluvial soils under the pipes and the lift station are not considered a significant impact. Therefore, with adherence to standard trunk sewer design standards in these cases, seismic ground failure impacts from potential liquefaction would be less than significant. GEO-1 Grading and construction of the southern bridge abutment shall comply with the geotechnical recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due to seismically-induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. iv. Landslides? No Impact. The majority of the project alignment contains slopes of 0% to 10% gradient. The project does not include the grading of any areas that would pose landslide risks to people or structures. Based on a review of published geologic literature and geologic reconnaissance, no landslides or related features underlie the subject lift station site or the proposed sewer pipeline alignment. Also, the project does not propose construction of any habitable structures, the sewer line would be underground, and the lift station would be 26-feet below existing grade at the north and east elevations. Therefore, no impacts relating to landslides would occur from the proposed project. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Alluvial soils present within the project alignment have a high erosion hazard. However, after completion of construction activities, topographic contours (except for the location of the sewer lift station) would be returned to then- original levels. The project will include appropriate BMPs, the incorporation of the geotechnical report findings, and the use of imported soils and gravel when appropriate. Temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project would have a less than significant impact on soil erosion or the loss of topsoil. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 5 6 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project would have a less than significant impact on soil erosion or the loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Unless Mitigation Incorporated. As discussed above in Section VI(a)(iii), the project alignment is located in an area subject to potential earth movement as the result of a significant seismic event. This earth movement includes the potential for lateral spread of the ground surface during an earthquake. Lateral spread usually takes place along weak shear zones that have formed within a liquefiable soil layer. The area around the southern bridge abutment is considered to be susceptible to seismically induced lateral spread of up to about 7 inches of lateral displacement in the direction of the lagoon following the seismic event. This is considered a potentially significant impact. As a result, mitigation measure GEO-1 (above) has been included which requires the use of deep foundations and the removal and recompaction of the surface soils at the southerly bridge abutment will mitigate this impact to a level of insignificance. The balance of the project will not result in the potential for significant impact from landslide, lateral spreading, subsidence, liquefaction or collapse. d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. Alluvial soils occur in the area of the proposed project. The alluvial soils on the site are not considered to be significantly expansive pursuant to the definitions identified in Table 18-1-B of the UBC (1997). A final geotechnical study to assess specific soil suitability and stability will be prepared prior to construction of the project. The conclusions of the geotechnical engineer will be incorporated into the design and construction techniques of the project. Proper base will be placed under the pipes in order to minimize the potential for any long-term settling of the soil beneath the facilities. As a result, no impacts would occur. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The project does not include any proposed septic tanks or alternative waste water disposal systems. As a result, no impacts would occur from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: VII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 57 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORGE MAIN, AND GRAVITY SEWER REPLACEMENT a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Global temperatures are regulated by naturally occurring atmospheric gases (referred to as greenhouse gases) such as water vapor (H2O), carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The effect that each greenhouse gas (GHG) has on climate change is measured as a combination of the volume of its emissions, and its potential for contribution to global warming. Potential for contribution to global warming is defined as the role that a gas or aerosol plays in trapping heat in the atmosphere, and is expressed as a function of how much warming would be caused by the same mass of CO2. For instance, CH4 has a global warming potential of 21, meaning that one gram of CfL, traps the same amount of heat as 21 grams of CO2. Climate change is a global problem. Greenhouse gases are global pollutants unlike the air pollutants measured for regional areas through the RAQS (Regional Air Quality Standards) or other local air quality standards. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (typically about 1 day), greenhouse gases have long atmospheric lifetime, persisting in the atmosphere for long enough time periods to be dispersed around the globe. As a result, impacts of greenhouse gases are also borne globally. The quantity of greenhouse gases that it takes to ultimately result in measurable climate change is not precisely known; however, it is clear that the quantity is enormous, and no single development project alone would measurably contribute to a noticeable change in the global average temperature, or to the global climate. Therefore, from the standpoint of CEQA, Greenhouse gases impacts to global climate change are inherently cumulative. The proposed project will not result in direct greenhouse emissions because it does not directly produce gases or emissions. Indirect incremental greenhouse gas emissions anticipated from the project_will occur however, and include emissions generated by the Encina energy plant (off-site) supplying electricity to be used on the site during the operation of the lift station, and from limited vehicle trips to and from the project site during its operation for ongoing monitoring and maintenance of the facilities. Additionally, the project will also will result in exhaust emissions during construction of the project from fuel combustion for mobile heavy-duty diesel- and gasoline-powered equipment, portable auxiliary equipment, material delivery trucks, and worker commuter trips. Greenhouse gases of primary concern from the proposed facilities would include CO2, CH4 and N2O. Other greenhouse gases are of less concern because both construction and operational activities associated with the project are not likely to generate substantial quantities of these gases. Detailed estimates of energy use and resulting greenhouse gas emissions are complicated by the limitations of energy modeling tools. No specific CEQA thresholds of significance have been established for greenhouse gas emissions. However, in light of the limited amount of energy projected to be used by the project, and the limited scope of construction area and duration, it can be concluded that the proposed project would account for only a small fraction of a percent of California's greenhouse gas emissions. An estimate of GHG projected to result from the project includes GHGs that could be produced from electricity use, water use, and creation of solid waste. Operationally, the project's only substantive energy user, the lift station, includes four 40 hp pumps (lift side), and four 100 hp pumps (force main side). The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd. This facility will use an estimated 1.14 kw/hrs of electricity per year. An estimate of the GHG contribution from the operation of the lift station was conducted using the EMFAC 2007 emissions inventory model. This model addresses GHG emissions of CO2 and CH4 for the project. N2O emissions were derived from the U.S. EPA N2O conversion ratio. A construction GHG inventory was also projected. This construction GHG inventory considered the emissions projected from heavy vehicles and construction equipment emissions, worker trip emissions, and water usage. The construction estimate was conducted for the same contributing gases using the OFFROAD 2007 emissions inventory model to calculate those GHG emissions resulting from project construction. Based on this analysis, it is estimated that the sewer lift station operations will generate only 0.786 metric tons of CO2 or CO2 equivalent, 0.310 metric tons of CHj, and 0.078 metric tons of N20, per year. The temporary construction operation (estimated at three years of construction, of which only a single 60-day period will involve the maximum assemblage of grading and construction machinery) is projected to generate 1,308 metric tons of CO2 or CO2 equivalent, 51.5 metric tons of CH4 and 0.003, and metric tons of N2O, per year. Further, some off-setting reduction from the elimination of the existing lift station will also take place. The net result is a relatively minor contribution from the project to the total greenhouse gas Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 58 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT emissions and is thus not considered significant. This contribution will add a small incremental amount however to the cumulative effect of all the world's greenhouse gas emitters over time that would contribute to greenhouse gas-related climate change. As with other individually relatively small projects (i.e., projects that are not oil refineries, electric generating facilities, co^ generation facilities, large-scale manufacturing plants or other stationary combustion sources that emit more than 25,000 million metric tons (MMT) of CO2 or CO2 equivalent per year), the GHG emissions from the project would not be expected to individually have an impact on global climate change and the primary concern is rather whether the project would be in conflict with the State of California goals for reducing GHG emissions. Three types of analyses are used to determine whether the project could be in conflict with the State of California goals, including Assembly Bill 32 (AB 32) the California Global Warming Solutions Act of 2006, passed in 2006, for reducing GHG emissions. The analyses are reviews of; 1. The potential conflicts with the California Air Resources Board (CARB) recommended actions for reduction of GHG emissions, 2. The relative size of the project in comparison to the estimated GHG reduction goal of 174 MMT CO2e by year 2020 and in comparison to the size of major facilities that are required to report GHG emissions (25,000 metric tons of CO2e per year), and 3. The basic parameters of a project to determine whether its design is inherently energy efficient, will lead to wasteful energy use, or is neutral with regard to future energy use. With regard to Analysis Item 1 above, the project does not pose any conflict with the list of CARB recommended actions for reduction of GHG. These actions are listed on the Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California. California Environmental Protection Agency Air Resources Board, October 2007i and include measures such as energy efficiency guidelines, high speed rail, green building policies, water recycling, and similar measures intended to provide long-term reduction in GHGs. With regard to Analysis Item 2, the total project operational GHG emissions would approximate only 0.786 metric tons of CO2per year. The project would thus not be classified as a major source of GHG emissions. Although no specific CEQA thresholds of significance have been established, however when compared to the overall state reduction goal of approximately 174 MMT of CO2 per year, the maximum GHG emissions for the project are very small and would not conflict with the state's ability to comply with the AB 32 or other state goals. With regard to Analysis Item 3, the project is efficient with regard to energy use (see Project Description). Further, the projected net energy use can be reduced by the off-set of the elimination of the existing lift station. As a result, it is concluded that neither greenhouse gas emissions from the operation of the facility, nor greenhouse gas emissions from construction of the facility are considered significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. Neither CEQA nor the CEQA Guidelines prescribe thresholds of significance or particular methodologies for performing a GHG impact analysis. This is left to the lead agency's judgment and discretion, based upon factual data and guidance from regulatory agencies and other credible sources. Until such a standard is established, each lead agency must develop their own approach to performing an analysis for projects that generate GHG emissions. No evidence exists that the proposed project will result in any inconsistency with adopted plans, policies or regulations regulating the emissions of greenhouse gases. The proposed project is consistent with the City of Carlsbad General Plan, the Carlsbad Zoning Ordinance, the Carlsbad Agua Hedionda Local Coastal Program, and Specific Plan 144. These plans are all consistent with SANDAG's Regional Comprehensive Plan (2004). The project will not violate any air quality standard or state guidelines, and as indicated above will not contribute substantially to an existing or projected air quality or greenhouse gas violation. Greenhouse gas-contributing emissions from operational electricity use, construction equipment, Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 59 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT worker and delivery and material-hauling trucks, and construction related power consumption would not be in conflict with adopted plans, policies or regulations. Thus, the project will result in no impact to these adopted plans, policies or regulations. ENVIRONMENTAL ISSUES TO BE ADDRESSED: VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact D D D D D D D a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 60 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Less Than Significant Impact. Operation of the project will not result in the use of any potentially hazardous materials. A nominal amount of potentially hazardous materials (e.g., fuel, paint products, lubricants, and solvents) may be used during construction activities. The transport, use and disposal of hazardous materials during the construction period would be conducted in accordance with applicable State and Federal laws. Compliance with applicable laws and regulations would ensure that the impact associated with the routine transport, use or disposal of hazardous materials would be less than significant. Also, portions of the sewer line installation will involve horizontal directional drilling (HDD). This operation involves the use of "drillers fluid" (bentonite clay slurry), which is pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins. Routine transport, use and disposal of drillers fluid in the project, for use in construction of the project, are considered a less than significant impact. b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Significant Unless Mitigation Incorporated. As mentioned in the response to Section VII(a), the transport, use and disposal of hazardous materials during the construction period would be conducted in accordance with applicable State and Federal laws. Compliance with applicable laws and regulations would ensure that the impact associated with the routine transport, use or disposal of hazardous materials would be less than significant. Also, the lift station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in accidental sewage spills. The concept involves a lift station configuration that includes two independent pumping elements. The lift side of the station includes four 5-mgd pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5-mgd on the lift side and up to 26.5-mgd on the force main side. The total station capacity is 50-mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). This 33-mgd is the future anticipated buildout demand of the service area of the line. The force main side and lift side can independently pump the 21 mgd peak dry weather flows (wet and dry weather flow estimates are referenced from the Carlsbad Sewer Master Plan, March, 2003). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions because it is designed with power redundancy and significant upstream storage capacity. This upstream storage capacity can also be utilized under catastrophic circumstances were they to occur under peak wet weather conditions. The station includes two independent electrical circuits, and will include a standby transfer switch to transfer to alternative energy source in the event of catastrophic power failure. In the event of full regional blackout, emergency power will be provided by an onsite generator. The generator has the capacity to store enough fuel for 24 hours of operation. Under such circumstances, the station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity, which can gradually fill up to allow the time necessary to resolve a problem should a critical emergency take place. During construction of the project, a nominal amount of potentially hazardous materials (e.g., fuel, paint products, lubricants, and solvents) may be used. The transport, use and disposal of hazardous materials during the construction period would be conducted in accordance with applicable State and Federal laws and no significant risk of accidental explosion or the release of hazardous substances on the subject site or adjacent neighboring sites, including the CECP site, is anticipated with construction, development, and implementation of the proposed project. From the south end of the lift station to a point south of Cannon Road (approximate 3,960 linear feet), the sewer line will be installed via a horizontal directional drilling (HDD) method. This method allows boring of a hole of sufficient size through use of a pilot hole and then a series of increasingly large steerable drill bits at the horizontal and vertical elevation required for the pipe. The drill is guided by electro-magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "driller's fluid" (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well' as stabilize and seal the drill hole against seepage and tunnel wall cave-ins. HDD operations can result in the potential for "inadvertent return", or the loss of driller's fluid through a "frac-out", which is a situation where the fluid reaches the surface of the ground or waterway. A frac-out may Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 61 2.01 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT result from ground obstructions, unanticipated soil behavior, drive length, pipe diameter, and equipment failure. Such frac- outs are infrequent occurrences when qualified and experience HDD operators are managing the equipment. The potential for a frac-out during the HDD operation, and the resulting spill of driller's fluid into drainages which could ultimately drain into environmentally sensitive areas is a potentially significant impact which necessitates mitigation. As a result, mitigation measures BIO-11 and BIO-12 have been included which require the preparation of a Spill Containment Plan and an Emergency Frac-out Containment Plan, respectively, which are necessary in order reduce this impact to a level of insignificance. These plans will demonstrate that the HDD operation will be coordinated so that if an inadvertent return to occur, the returned fluid flow would be directed to the existing overflow basin, and thus would not release into environmentally sensitive areas. The HDD operations would then not resume until this stored fluid was cleared and disposed of properly, and any environmental clean-up has been completed. Also, construction of the northerly bridge abutment will require relocation of an existing 12-inch high-pressure natural gas transmission line which is located on the north side of the channel within the construction area. Also, as an option, the gas line may be removed from its existing four-support channel bridge and placed into the new bridge structure. This natural gas is in a gaseous state. Special coordination will be undertaken with the operator of the line to ensure that the valves on each side of the construction segments have been closed so that the natural gas does not escape in an uncontrolled manner while the relocation work is being conducted. As a result of these precautions and practices, the potential for release of hazardous materials onto the subject site or neighboring sites, or into the environment in general is minimal, and thus this impact is considered less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The nearest existing school to the subject sewer alignment is Jefferson Elementary School, which is located at the corner of Jefferson Street and Tamarack Avenue, 1,600 linear feet (0.30 mi.) north of the northerly terminus of the proposed project. This distance is in excess of one-quarter mile. Likewise, no proposed schools are within one-quarter mile of the project. Therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Potentially Significant Unless Mitigation Incorporated. The subject project alignment is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5 This code section includes federal superfund sites (NPL), state response sites, voluntary cleanup sites, school cleanup sites, and other hazardous sites. A Limited Environmental Due Diligence Review for the project has been conducted by Brown and Caldwell (dated June 27, 2007). This review concludes that the proposed sewer line alignment does not conflict with any identified site listed on any state or federal databases that track hazardous materials used and/or released. However, several such listed sites are located adjacent or in relatively close proximity to the sewer line corridor. These facilities are listed on the table below. Table 5: Database - Hazardous Materials List Facility NRG Encina Power Plant West Mart Service Station Floral Trade Center (Formerly Burroughs Corp-UNISYS) Palomar Shell Service Station Toyota Carlsbad Collision Center (Formerly Burroughs Corp - Unisys) Address 4600 Carlsbad Boulevard, Carlsbad, CA 92008 4990 Avenida Encinas, Carlsbad, CA 92008 5600 Avenida Encinas, Carlsbad, CA 92008 665 Palomar Airport Road Carlsbad, CA 92009 6030 Avenida Encinas, Carlsbad, CA 92009 Material of Concern Gasoline, diesel and No. 2 residual fuel oil Petroleum hydrocarbons Organic solvents Petroleum hydrocarbons Petroleum hydrocarbons and/or organic solvents Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 62 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT These sites are located between 0.06 and 0.12 miles from the proposed sewer line alignment. The NRG Encina Power Plant has reported multiple releases and spills of petroleum hydrocarbons from various above-ground storage tanks (ASTs) on the site. A health risk assessment to determine potential risk to construction workers at the site found the increased risk to be less than the USEPA risk threshold that would require remediation. Several years ago, Burroughs Corporation operated a printed circuit board manufacturing facility at two different locations that are proximate to the alignment of the proposed project. There are data from the 1980s indicating the possible release of organic solvents from these facilities. However, the County of San Diego Department of Health Services classifies these releases as case-closed, and as a result, not a threat to the area. As can be seen on Table 5, two gasoline service stations operate in close proximity to the project alignment. Service stations represent a potential release source of petroleum hydrocarbons into the subsurface soil environment. However, the County of San Diego Department of Health Services does not have a record of release from either of these sites. Soil and groundwater sampling has been conducted along the alignment of the project. An Environmental Soil and Groundwater Sampling for the Agua Hedionda Lift Station and Force Main, by Ninyo & Moore, dated August 28, 2009, was prepared. This report concludes that the potential exists for contaminated soil to be encountered during excavation activities in portions of the pipeline alignment. These areas of potential soil contamination include: (a) a potential to encounter TPH-e (petroleum hydrocarbons) on the lift station site, (b) a potential to encounter TPH-e approximately 300- 400 feet south of the lift station site, (c) a potential to encounter TPH-e under Avenida Encinas just south of Cannon Road, (d) a potential to encounter TPH-e and VOC (volatile organic compounds) under Avenida Encinas approximately 400-500 feet north of Palomar Airport Road, and (e) a potential to encounter TPH-e in soil under Avenida Encinas just south of Palomar Airport Road. Also, metals were detected in the groundwater approximately 700 feet south of the lift station and under Avenida Encinas approximately 350 feet north of the southern end of the project. As a result of these potential hazardous materials impacts, Mitigation Measures HAZ-1 and HAZ-2 will be required in order to mitigate these impacts to a level of insignificance. Further, without an extensive program of subsurface sampling and analysis during the construction period it is not possible to fully quantify the health risk to construction workers installing the sewer line. Therefore, it is recommended that a contingency plan be developed documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation activities. Without this contingency plan, a significant impact from hazardous materials could result. The requirement for this contingency plan is included as Mitigation Measure HAZ-3. Furthermore, it is recommended that air monitoring be conducted in the excavation and trenching foot-print during trenching and grading operations. Air monitoring shall be conducted using a portable photoionization detector (PID). This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. With this additional mitigation measure, impacts relating to hazardous materials will be reduced to a level of less than significant. This requirement is included as Mitigation Measure HAZ-4. HAZ-1 A site-specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site and (b) Avenida Encinas just south of Palomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site-specific Health and Safety Plan (HASP). HAZ-2 A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400- 500 feet north of Palomar Airport Road, if dewatering activities are determined to be necessary. If dewatering activities are to be performed during construction, the SMP should include a groundwater Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study-6/28/11 63 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer system, the concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad). The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment and Mitigation Manual, RWQCB guidelines, and the standard of care of the industry. HAZ-3 Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. HAZ-4 A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAS-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The McClellan-Palomar runway is approximately 4,600 feet long, in which case it is classified as a "Medium General Aviation Runway" according to The California Department of Transportation Bureau of Aeronautics. The extreme southern end of the project alignment is located 1.96 miles from the western property line of McClellan Palomar Airport, and 2.10 miles from the runway of that airport. The southern section of the project alignment, from the approximate north of Cannon Road to the EWPCF is located within the Airport Influence Area (Review Area 2) as outlined in the McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP) Carlsbad. CA. March 4, 2010. Review Area 2places restrictions on heights of structures and requires recordation of overflight notification documents for certain types of development. Policy Objective 2.4.2(b) - Safety, of the McClellan-Palomar ALUCP states that "The purpose of safety compatibility policies is to minimize the risks of an off-airport aircraft accident or emergency landing. Risks to people and property on the ground in the vicinity of the Airport and to people on board aircraft are considered." Policy 2.4.2(c) - Air Space Protection, of the same document states that "The purpose of airspace protection compatibility policies is to ensure that structures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include but are not limited to; (1) Physical obstructions to the navigable airspace, (2) Wildlife hazards, particularly bird strikes, and (3) Land use characteristics that create visual or electronic interference with aircraft navigation or communication." At its closest point, the proposed project is located approximately 750 feet westerly [outside] of the Traffic Pattern Zone for McClellan Palomar Airport, as shown on Exhibit III-2, the Compatibility Policy Map - Safety in the McClellan-Palomar ALUCP. It is over one mile distant from the Outer Approach/Departure Zone. Since the project is located outside of these safety-consideration zones, it is concluded that the project will not result in critical safety considerations for the airport operations. Further, no part of the project is located within a Noise Compatibility Zone, per Exhibit III-l of the ALUCP. As a result of the fact that the project is not located within a safety limit zone as identified in the McClellan-Palomar ALUCP, no safety hazard impacts would occur from the project. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. No private airstrip exists in the vicinity of the subject project. As a result, no impacts would occur. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 64 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The City of Carlsbad has adopted an Emergency Operations Plan, dated June 9, 2003. This plan addresses the City of Carlsbad's planned response to extraordinary emergency situations associated with natural disasters, human events, and technological incidents, including both peacetime and wartime nuclear defense operations. It provides an overview of operational concepts and identifies components of the City's Emergency Management Organization. The plan provides procedures to respond to a variety of emergency situations such as an earthquake, tsunami, liquefaction, landslide transportation accident, plane crash, hazardous materials incident, flood, severe weather, dam failure, wildland or urban fire, drought, energy shortage, nuclear power plant evacuation, civil unrest, workplace and school violence, or terrorism. The City does not publish emergency evacuation routes. With the exception of the sewer lift station structure and the Agua Hedionda Lagoon channel bridge structure, the proposed project is almost wholly underground. These two structures are located in non-urban, non-traffic circulation areas which will not disrupt or interfere with emergency response plans. As a result of these factors, upon completion of the project, it will not significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. While the proposed pipelines are to be installed under [within] a public street ROW, they will be below ground, and thus have no effect on traffic circulation or emergency plans. Construction of the sewer lines will involve temporary control of traffic on portions of Avenida Encinas through the work activity zone as normal traffic flow and patterns will be disrupted. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. The existing four-lane Avenida Encinas roadway segment between Cannon Road and Palomar Airport Road will be narrowed to two lanes (one each direction) during the construction period. Avenida Encinas south of Palomar Airport Road will be closed to all but local traffic during a short construction perio'd of approximately 4 months. But three convenient adjacent roadways parallel this route (Carlsbad Boulevard, 1-5, Paseo del Norte), so temporary closure of this segment is not considered a significant impact. Traffic on highly-traveled Palomar Airport Road and Cannon Road will not be affected by the project construction as the sewer line will be installed through micro tunneling and horizontal directional drilling installation techniques, respectively. Such techniques do not necessitate closure or detouring of surface traffic. The entire recycled water line length will be installed via open trenching. This open trenching across the Cannon Road and Palomar Airport Road intersections for this line will take place in one-lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. Construction vehicles, including soil dump trucks and material-transporting trucks will be travelling to and from the site on a regular basis during the construction period. However, inasmuch as the construction period is projected to be over approximately 18 months, these trucks will not substantially add to area roadway traffic or congestion at any single timeframe period. A traffic control plan will be prepared for the project construction and approved by the City Traffic Engineer. As a result of these factors, the impacts are considered less than significant. The City of Carlsbad General Plan Public Safety Element's goals and objectives include the maintenance of close coordination between planned improvements to the circulation system within Carlsbad and the location of fire stations to ensure adequate levels of service and response times to all areas of the community, and to maintain an initial emergency travel response time of five (5) minutes. The City of Carlsbad Emergency Operations Plan applies to extraordinary emergencies that pose a threat to life and property and the overall well-being of the community. Traffic would be rerouted as described in the Project Description of this Initial Study. The City of Carlsbad will coordinate with the Carlsbad police and fire departments on the traffic detour plans and would coordinate further with the departments in advance of road closure to ensure adequate emergency response times are maintained and the emergency service providers are aware of all traffic detours. It can be assumed that response times may be altered by the traffic detour plan. However, with proper coordination, impacts would be less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 65 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The proposed project has the potential to affect emergency access to and from the CECP construction. The proposed utility lines (force main and recycled water line extensions) would travel southward from the lift station area to Cannon Road. Along this length, the lines run parallel and adjacent to the CECP project. The existing sewer gravity trunk line travels within an existing sewer line easement. This easement serves also as the primary emergency access from Cannon Road to the CECP site and the lift station site. The proposed project will increase this easement width by 12.5 feet, to allow for a full, 30.0-foot wide joint-use general utility easement which would accommodate three utility lines; (1) the existing gravity sewer line (which will remain), (2) the proposed new 30-inch force main sewer line, and (3) the proposed 12-inch recycled water line. This widening of the easement by 12.5 feet will allow the improved use of this easement area for vehicle access, or emergency vehicle access, since the City is proposing to install only buried utilities and, upon completion of construction, the surface area will be maintained as an emergency and maintenance roadway. During pipe installation construction, the proposed new 30-inch force main sewer line will be installed through horizontal directional drilling construction method, which involves ground surface disruption only at the entry and exit points, at the lift station site and in the vicinity of Cannon Road. As such, installation and operation of the sewer line will create no disruption or obstruction of the emergency/maintenance access route through the CECP site. The proposed 12-inch recycled water line will be constructed via open trenching however, and as such trenching and installation of this water line could have the potential to result in obstruction of this access route. The water line has been aligned along the eastern edge of the proposed 30-foot easement, designed at only 3 to 3.5 feet in depth. Therefore, the trench necessary for laying the pipe will be excavated to an approximate size of 18-inches wide and 3.5 feet deep. Trenching and spoils stockpile associated with the installation of this water line will thus necessitate a maximum temporary construction impact work area of up to 18 feet in width. The balance of the 30-foot easement (12-feet minimum) would be maintained for regular access and emergency access. Further, the substantive work effort associated with installation of the water line will only involve approximately 14 days of trenching construction, and can thus be coordinated with CECP or other construction, in the event the construction operation schedules coincide. However, notwithstanding the facts that the water pipe installation will involve a relatively narrow and shallow trench, and the installation operation will be of short duration, the trenching and pipe-laying could potentially significantly impact emergency access around the active trenching activities. Further, in the event that the water pipe trenching took place during the actual CECP construction operation, obstruction or closure of this access way could impact the heavy haul and other equipment access. As a result of these factors, it is determined that trenching and installation of the water line could result in a significant impact to emergency and construction equipment access to and from the CECP site. Thus, mitigation measure HAZ-5 is added to reduce this impact to a level of insignificance. HAZ-5 A minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project alignment is not located within a high fire hazard area. The project alignment is not adjacent to large areas of native, high-fuel habitat areas. The long term operation of the proposed sewer lines would not introduce uses that could increase fire susceptibility. As such, the proposed project will not result in any significant exposure to wildfire risk. As a result, no impact will occur. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated IX. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste I I IN/1 I I discharge requirements? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 66 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? D D n D D D Agua Hedionda Lift Station and Sever Line Project Environmental Initial Study - 6/28/11 67 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT n) Increase any pollutant to an already impaired water |~ body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? I I p) Impact aquatic, wetland, or riparian habitat? |~ q) Result in the exceedance of applicable surface or I I groundwater receiving water quality objectives or degradation of beneficial uses? a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES), the General Permit for Storm Water Discharges Associated with Construction, and other applicable portions of the federal Clean Water Act, including the Porter-Cologne Water Quality Control Act, or Section 401. Also, the City of Carlsbad has adopted a Storm Water Management and Discharge Control Ordinance. This ordinance requires that all new development and redevelopment activities comply with the City's adopted storm water pollution protection requirements. The subject project is not exempt from Standard Urban Stormwater Management Plan (SUSMP) requirements and is considered a Priority Project, requiring Priority BMPs. The project applicant is also required to submit a Notice of Intent to the State Water Resources Control Board, prepare a Stormwater Pollution Prevention Plan (SWPPP) and implement BMPs detailed in the SWPPP to reduce construction effects and post-development effects on the downstream water bodies. The project developer is required to identify and implement BMPs to reduce impacts to surface water from contaminated storm water discharges. In accordance with the NPDES, the construction contractor will be required to comply with NPDES and SWPPP regarding the implementation of BMPs during construction. Post-Development BMPs. The sewer pipeline will be placed underground and as a result no substantive post-development (permanent) BMPs are required. The lift station however will provide site design BMPs through source control and treatment control in order to protect downstream waters. The primary lift station site design BMP will be the installation of energy dissipaters such as riprap, at the outlets of the new storm drains that enter unlined channels at the lowest elevation end (west side) of the lift station site, in accordance with applicable specifications to minimize erosion from the project site. The energy dissipaters shall be installed in such a way as to minimize impacts to the receiving waters. Also, riprap will be installed at the outlets of the new storm drains located along the west side of the lift station site that drains to the existing vegetated bio-swale flow conveyance area and into a proposed water quality detention basin. At least 80% of the "first flush" of a rainstorm will be treated through this bio-swale and water quality basin. High-volume rainstorms (10-year storm or greater) will fill up the basin and overflow water will run directly downstream to the lagoon. A separate, elevated culvert will also be constructed along the eastern perimeter of the lift station structure to eliminate the potential for erosion along the eastern half of the site. In addition, the lift station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in accidental sewage spills. The concept involves a lift station configuration that includes two independent pumping elements. The "lift" side of the station includes four 40 hp pumps. The "force main" side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd. providing 50% redundancy at peak wet weather flow conditions (33 mgd) and over 100% redundancy at peak dry weather flows (21 mgd). The force main side and lift side can independently pump peak dry weather flows' (21 mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions, and contains power redundancy and significant upstream storage capacity under catastrophic circumstances were they to occur under peak wet weather conditions. The station is also with two independent electrical circuits (primary and secondary), and will include an automatic standby transfer switch in the event of catastrophic power failure. In the event of full regional blackout, emergency power will be provided by a built-in on-site diesel fuel generator. Under such circumstances, the station is designed with alarms to alert Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study-6/28/11 68 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity to allow the time necessary to resolve a problem, should it occur. Further, the proposed lift station and sewer pipeline will replace an existing, obsolete lift station and pipeline. These obsolete facilities will be replaced with improved, newer, state-of-the-art equipment, which will have greater efficiency and reliability. Also, the State of California and local regulations require the operator to have a Sanitary Sewer Overflow Response Plan in place prior to start-up operation of the lift station. As such, it is concluded that the proposed project will improve the reliability of the sewage transport system along this route from the present obsolete facilities. The lift station site design BMP's will involve a multiple-treatment program, including four different treatment systems, as indicated below. This information is shown on Figure 12. 1. Vegetated or river rock swale. A vegetated or river rock swale will be located along the southeast side of the project. This swale will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils. The swale will trap particulate pollutants, promote infiltration and reduce the flow velocity of the stormwater runoff. The swale will maintain a thick vegetative cover or river rock to maintain proper drainage treatment functioning. Inspection and maintenance will be performed as necessary. 2. Wet vault. An underground wet vault structure will be installed along the west side of the project site. This structure will be on-line, in that it will connect from a storm drain (which collects on-site drainage), treats the stormwater in the vault (similar to a large catch basin), and exits drainage out into another storm drain line. It is designed to provide temporary and permanent storage for stormwater runoff. The permanent pool of water in the vault dissipates energy and improves the settling of particulate stormwater pollutants from the site. 3. Pervious surfaces. Pervious surfaces will be utilized over a portion of the lift station site. The pervious surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 69 LEGEND: »• PPE/SWALE FLOW -*- SURFACE FLOW I i ..-O^r ; \ Mil ! ^ I S / RIVERROCKOR VEGETATED SWALE \ AOUAHEDIONOA LAGOON DRAIN .' ; WALL / I \ NOTCHEDCURB STORM DRAM PPE —STORM DRAIN HEADWAU./RIPRAP OUTFALL TO INFILTRATION BASIN EXISTING INFUTRATION BASIN30" STORM DRAIN PIPE INFILTRATION BASIN (TC-11) STORM DRAW CLEANOUT LEGEND: I J EARTHENCOVER GRAVEL COVER AGUA HEOIONDA / i /' ,' LABOON / / / STORM DRAN HEADWAU. / RIPRAP OUTFALL TO WFlTRATtON BASIN NOTCHED CURB P 3 PCC PAVEMENT (PORTLAND CEMENT CONCRETE)| . | CONCHETEPAD CURB AND GUTTER, js- CURBJNLET " CATCH «A31H WITH - FILTRATION MEDIA INSERT INFILTRATION BASN (TC-1 STORM DRAM CLEANOUT BASIN OVERFLOW MLET EXISTMG INFILTRATION BASH June 4, 2010 Brown .v., Caldwell PS# 080205 Figure 12 Stormwater Management Plan AGUA HEDIONDA LIFT STATION Carlsbad, California NORTH SCALE: 1"= 120' 1030 njUDAY AVTOUl SORX 109. CAJOSBAH CA B200B (7BO) 131-0780 PAX (7tO) S31-B744 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 4. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. The basin will be designed with a minimum soil infiltration rate of 0.5 inches/hour. The basin will be designed to meet City of Carlsbad standards. Construction BMPs. During construction, the project BMPs will include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and. vacuuming, covering soil piles, storm drain inlet protection, check dams, stabilized construction entrances and exits, hydroseeding or mulching immediately after topsoil placement, waste (including concrete waste) management. The developer will be responsible for the regular maintenance of such construction BMPs. In addition, the developer will prepare an emergency Spill Contingency Plan prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of sewer spill and actions that will be taken in the event of a spill into the adjacent uplands or wetlands. These precautions shall include a readily-identified sequence of emergency measures which are understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. The actions to be taken will include spill containment through temporary blockage of flows within the system using the capacity of the large upstream pipe holding facilities. The Spill Contingency Plan will also include a description of the personnel available to deploy in the event of a sewage spill, the staff notification procedures, and anticipated response times and notification to industrial/ commercial dischargers and residential customers in the service area to minimize water usage. Compliance with the NPDES and SWPPP requirements as demonstrated with the identified BMPs will ensure that the project will result in a less than significant impact on water quality standards or waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The sewer pipeline will be entirely impervious and will be installed underground, and will thus have no effect on groundwater supplies or recharge. The lift station site is generally underlain by fill soil, alluvium soil and terrace deposits. The shallow fill material is presumed to have been placed in conjunction with grading operations for the existing power plant infrastructure. It is anticipated that the groundwater table is relatively shallow in the area and likely to be encountered at or near sea level. The lift station site design BMP's will involve a multiple-treatment program, including four different treatment systems including; (1) a vegetated or river rock swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils, (2) an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. As a result of these design features, no impacts to groundwater or groundwater recharge will occur from the project. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. The sewer pipeline will be constructed underground (except at the bridge over the lagoon channel) and the land surface will in all cases be returned to its original topographic relationships, except along the ridge north of the Agua Hedionda Lagoon channel, which will be raised approximately 3-feet in height and widened several feet. Drainage patterns may change temporarily as a result of construction activities; however, each portion of the alignment would be restored to its approximate original contours (excluding the north end embankment referenced above) following completion of each particular portion of the pipeline. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 71 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The lift station is located within the Carlsbad Hydrologic Unit 904.3 and the Agua Hedionda subarea 904.31. It is to be constructed on 2.3 acres within and tucked into a low, existing hillside. The hillside presently drains towards the west, to a low point at the northwest corner of the area, and drains into the lagoon. Under the post-construction situation, the lift station site will drain in a much more gradual pattern, towards the western edge of the site. The storm water that leaves the lift station site will then discharge directly into an area in the southwest corner of the site, and will then drain into the same finger of the lagoon as under the existing condition. More specifically, a storm drain system, including; (1) a vegetated or river rock swale located along the southeast side of the project, (2) an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of paniculate stormwater pollutants, (3) pervious surfaces which will allow infiltration of oils and other pollutants into the earth, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff are all proposed to minimize change to the existing drainage pattern or substantial alteration of the drainage of the lift station area. Therefore, since no change to the flow patterns over the sewer pipeline will result from the project, and the general flow pattern from the lift station site would be maintained, and BMPs to control erosion and siltation are being provided as part of the project, as discussed in Section VIII(a) above, it is determined that less than significant impacts would result from implementation of the project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Less Than Significant Impact. As discussed in Section VIII(c) above, the project will result in temporary changes to drainage along the alignment of the pipeline during construction as the placement of equipment and materials associated with construction activities, as well as the temporary modification of permeable surfaces, and soil movement along the alignment would alter existing drainage patterns. Further, the lift station development will result in on-site modification to the drainage pattern over the 2.3 acres of the lift station. The project will not however, result in a significant alteration of the existing drainage pattern, and would not substantially increase the flow rate or volume of surface runoff. Thus, a less than significant impact is assessed. e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. The proposed project involves the construction of an underground sewer pipeline, a sewer lift station and a pipeline support bridge over the Agua Hedionda Lagoon channel. During construction the potential for additional polluted runoff exists; however compliance with NPDES requirements, including preparation of a SWPP and implementing the BMPs identified therein would ensure that impacts associated with the creation of runoff water remain less than significant. f) Otherwise substantially degrade water quality? Less Than Significant Impact. The proposed project will connect to existing sewer facilities at both ends of the project, and there would be no discharges into surface waters during operation of the pipeline. In order to avoid sewage spills during operation of the lift station, the station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in wastewater spills. The concept involves a lift station configuration that includes two independent pumping elements. The lift side of the station includes four 40 hp pumps. The total lift capacity will maximize the use of the capacity of the existing 42-inch gravity sewer. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The station capacity is 50 mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). The force main side and lift side can independently pump peak dry weather flows (21-mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions. * Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 72 z/r PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Multiple redundant features including electrical power to the lift station are also provided, including a split station with two different means of conveyance to the treatment plant, and emergency back-up power. Emergency power will also be provided by a built-in onsite diesel fuel generator. The station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume), if necessary. During project construction, the major temporary staging areas will be located on; (a) the cleared area near the railroad tracks at the north end of the project; (b) on the YMCA site, (c) immediately east of the proposed lift station site, and (d) behind the Hilton Gardens Hotel on the City-owned property adjacent to Avenida Encinas. No staging areas will belocated within any drainages, streams or wetlands. Construction of the project will require grading, excavation and trenching activities, which could have the potential to allow eroded soils and other pollutants to enter drainage systems. During construction activities, water will be used for dust control. The use of water will be localized and directed onto stockpiles of dirt or sand, or into the pipeline trench or the lift station pad excavated area. The project will require a standard NPDES permit. This NPDES permit will require preparation of a SWPPP to identify and implement BMPs to reduce impacts to surface water from contaminated storm water discharges. The BMPs to be implemented by the project are identified in Section VIII(a) above. Compliance with these requirements will ensure that the project would result in a less than significant impact on water quality. Also, a number of State of California Coastal Act policies are addressed in the City's adopted LCP, which speak to water quality/erosion control required of development proposals within the Coastal Zone. Adequacy of the project in relation to these policies is as follows: 1. Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts to marine resources. The project protects uses of the marine environment in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. 2. Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact biological production and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of groundwater supplies and substantial interference with surface water flow, vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. 3. Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas. The project complies because the project avoids impacts with sensitive habitats, with the exception of the important DCSS habitat. . However the CSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.05 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, the only portion of the project that is situated within an identified hardline open space is the Agua Hedionda channel bridge, which will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. 4. Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because development proposed in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas will be sited and designed to prevent impacts which would significantly degrade such areas. 5. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 6. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any increase in impervious area, the city will include requirements in the coastal development permit approval to allow inspection and maintenance of the BMPs, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill). Also, the project proposes to incorporate soil stabilization BMPs on Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 73 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT disturbed areas as soon as feasible. Lift station site design BMPs will include a multiple-treatment program, including four different treatment systems, i.e.; a vegetated swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils, an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. 7. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. 8. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion, will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 9. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project complies sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 10. Zoning Ordinance Chapter 21.203.040(B)(4) Drainage, Erosion, Sedimentation, Habitat. The project complies because the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city's grading ordinance, storm water ordinance, standard urban storm water mitigation plan (SUSMP) dated April 2003 and as amended, and the master drainage plan dated 1994, as those documents are certified as part of the city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall become an element of the project and shall be installed prior to the initial grading. In addition, the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any significant increase in impervious area. Pervious surfaces will be utilized as an infiltration BMP on the lift station site. These pervious surfaces will capture, retain and infiltrate a high level of runoff into the ground. Also, the existing lift station and its concrete overflow basin will be demolished and removed. The overflow basin will subsequently be filled with soil and vegetated. Further, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill) and the project proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Thus, a less than significant impact is assessed. g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? No Impact. The Federal Emergency Management Agency (FEMA) indicate that the only portion of the project alignment that would impact the 100-year flood hazard zone area would be the Agua Hedionda channel bridge span to be constructed at a level approximately 20-feet above the surface of the flood zone, to carry the sewer pipeline across the channel. The bridge support abutments will be set at 10-foot elevation. Because the project will be constructed a minimum 10-feet above the 100-year flood zone, the project will not impact any 100-year flood capacity area. No manholes for the pipeline are to be located within the 100-year flood zone. Therefore, it is determined that the project does not encroach or impact a Federal Flood Hazard Boundary or Flood Insurance Rate map or other flood delineation, and no impact will result. Please see Figure 13, FEMA Map of the area around and near the proposed lift station. h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. The project does not propose any structures within the 100-year flood hazard area. Further, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. Optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 74 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. Once removed, the in-channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, it is determined that no impacts (and potentially a minute beneficial impact) to the 100-year flood hazard area would occur from implementation of the project. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The project alignment is not located within the inundation zone for any dams upstream of the project. Further, the project does not propose the placement of any permanent structures that would be occupied by residents, employees or patrons. As explained herein and in Sections VIII(g) and (h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As a result, no impacts would occur. j) Inundation by seiche, tsunami, or mudflow? Less Than Significant Impact. The project alignment is not situated near or immediately adjacent to an embanked water body such as a reservoir, dam or aboveground storage tank; however the pipeline does cross above the Agua Hedionda Lagoon, which is a coastal body of shallow water formed where sand and low-lying landform presents a partial barrier to the open sea. The proposed lift station however, will be located at a finished floor elevation of approximately 32-feet above mean sea level (MSL). It would be highly unusual (and regionally destructive) for a seiche (a wave or oscillation of the surface of water in an enclosed or semi-enclosed basin that continues from a few minutes to a few hours as a result of seismic or atmospheric disturbances) or tsunami to create a wave to reach that elevation. No significant potential for mudflow on the project site or alignment could result. Therefore, the project has a less than significant potential impact due to seiche or tsunami. k) Increased erosion (sediment) into receiving surface waters. Less Than Significant Impact. Upon completion of construction, the proposed project will not result in any permanent features that will increase erosion or the transportation of sediment into receiving surface waters. During construction soil will be cleared and unearthed which could result in erosion. In order to avoid erosion and transportation of downstream sediment from the project while construction is taking place, as indicated in Section VII(a), the project construction BMPs to be used shall include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, storm drain inlet protection, stabilized construction entrances and exits, hydroseeding or mulching immediately after topsoil placement, waste (including concrete waste) management. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. In addition, compliance with the NPDES and SWPPP requirements as demonstrated with the BMPs identified will ensure that the project will result in a less than significant impact on erosion potential into receiving surface waters of the project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 75 g t- LU Z Q LU O LU C3 _) 2 LUOD^0LL LU Sc/ « 5 3 gi~.<h ^hL ^ j DLI0CD J•>•3 Oon Q. ^2 §H 0< eg i ? S z i<_ *s- °Of LU< (-SOURCE: FEMA WEBSITE; MPLATFORM. UPDA^LU LU ON Q 0 O _JU_ ^sUJ o s 1s 03•n c '03 ^CDO O U. t 0 CO Opco X 03 i£il < —I .CO "roc CDCO N T3OO LL CC0 O O Carlsbad, California POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT I) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. The proposed project includes installation of an underground sewer pipeline. The pipeline will be constructed of impervious material and thus will not be subject to release of pollutants from the interior of the pipe to the exterior soil environment. The lift station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in wastewater spills. The concept involves a lift station configuration that includes two independent pumping elements. The lift side of the station includes four 5-mgd pumps. The total lift capacity will maximize the use of the capacity of the downstream existing 42-inch gravity sewer. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The station capacity is 50 mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions and contains power redundancy and significant upstream storage capacity under catastrophic circumstances were they to occur under peak wet weather conditions. The station is also with two independent electrical circuits, and will include an automatic standby transfer switch in the event of catastrophic power failure. In the event of full regional blackout, emergency power will be provided by an onsite generator. Under such circumstances, the station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity. As previously mentioned, during construction, all graded areas will be improved or landscaped which will minimize erosion. Also, grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. The project will use silt fences, sandbags and straw mulch rolls around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Thus, the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation during construction as well as after the project has been completed. The project construction will also be required to comply with NPDES requirements of the City of Carlsbad. As a result, any construction impacts to water quality into receiving waters, including the Agua Hedionda Lagoon, will be less than significant. m) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Less Than Significant Impact. The northern portion of the project alignment lies adjacent to, and crosses above Agua Hedionda Lagoon. Once the new sewer line project is complete, the project also involves the removal of the existing.trestle bridge which supports the existing sewer line. Optionally the structure supporting the high pressure natural gas transmission line may be removed. Removal of these existing bridges and their associated numerous narrow bridge support/pilings would have a potentially minor beneficial effect on water transport through the lagoon channel. Thus, it is determined that the fully-constructed project will not result in any significant change (and potentially a minute beneficial effect) on Agua Hedionda Lagoon or any other receiving waters. During construction, all graded areas will implement water quality BMPs in order to minimize and eliminate the potential for changes to receiving downstream waters. For example, grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. The project will utilize silt fences, sandbags and straw mulch rolls around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Thus, the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation during construction as well as after the project has been completed. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 77 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT As a result of these factors, any changes to receiving water quality during construction would be less than significant. n) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? Less Than Significant Impact. Agua Hedionda Lagoon is listed on the Clean Water Act Section 303(d) list for impaired water bodies for indicator bacteria and sedimentation/siltation. As previously indicated in the discussion regarding Sections VII(a), (f) and (1), the project will result in a less than significant impact on the water quality of Agua Hedionda Lagoon. o) Increase impervious surfaces and associated runoff? Less Than Significant Impact. As discussed in Section VII(c) above, the project will result in temporary changes to drainage along the alignment of the pipeline during construction as the placement of equipment and materials associated with construction activities, as well as the temporary modification of permeable surfaces and soil movement along the alignment would alter existing runoff patterns. Further, the lift station development will result in on-site modification to the runoff over the 2.3 acres of the lift station. However, on the lift station site, pervious surfaces will be utilized as a site design infiltration BMP. This BMP will capture, retain, and infiltrate a minimum of 80% of runoff into the ground. Therefore minimal runoff associated with the construction of new impervious surfaces at the lift station site would result from the project, and a less than significant impact is assessed. p) Impact aquatic, wetland, or riparian habitat? Less Than Significant Impact As indicated in the Section IV(b), the proposed project will not directly impact (temporarily or permanently) any wetland or riparian habitats. The project does, however, bridge the Agua Hedionda Lagoon channel. The Agua Hedionda Lagoon channel is an open water habitat subject to state and federal wetland jurisdiction. US Army Corps of Engineers policies dictate that, on coastal bays, jurisdictional wetlands extend to an elevation of 1.5 feet above the mean ordinary high tide level, regardless of the presence or absence of other wetland indicators. The RWQCB, CDFG and the CCC also operate using this definition of wetlands along tidal margins. A review of tide charts for the Carlsbad area indicates that the mean high tide level is 4.6 feet above mean sea level (MSL). Therefore the wetland boundary follows the 6.1 foot above MSL elevation on Agua Hedionda Lagoon in this location. The bottom of the channel under the bridge location is rocky (riprap) and sandy, with no observable indication of eelgrass or other sensitive submerged aquatic vegetation. Thus, the shadow of the bridge will not impact any sensitive wetland habitat. The proposed bridge vertical support footings will be constructed on upland terrain, set at the approximate 10-foot elevation and the horizontal pipe support will fully span the entire length of the channel (the horizontal span will be at approximately 20-foot elevation) from the north side 10-foot elevation support to the south-side 10-foot elevation support. Thus, the project does not encroach or impact on jurisdictional wetlands in this area. Section 10 of the River and Harbors Act however, requires authorization from the U.S. Army Corps of Engineers for the construction of any structure in or over any navigable water of the United States. Thus, the proposed channel bridge and removal of the existing trestle bridges will require issuance of a NWP 12 (Utility Line Activities) pursuant to this Act prior to removal of the trestle bridges, or construction of the new bridge. Likewise, water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act, and a state Notification of Lake or Streambed Alteration Agreement pursuant to Section 1602 of the California Fish and Game Code will be required for the same reasons. Also, the riparian scrub habitat occurring near the south end of the project is supported by storm drain outfall passing beneath Avenida Encinas, and would be expected to be considered jurisdictional pursuant to state and federal guidelines. However, a wetland delineation was not performed for this drainage because the project will not result in any impacts to any of the vegetation in this drainage area, Project work near this riparian scrub habitat will occur only on the existing road surface of Avenida Encinas. Also, the project will utilize measures to ensure that soil and construction debris avoids entering this drainage during or after the construction process. It is concluded that a less than significant impact to wetlands or riparian habitat will result from implementation of the project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 78 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT As a result, the project will result in less than significant impacts to aquatic, wetland or riparian habitats. q) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Less Than Significant Impact. As indicated in Sections VIII(a) and VIII(l), the project will not exceed the applicable surface or groundwater receiving water quality objectives and will not degrade beneficial uses of the Agua Hedionda Lagoon and other receiving water bodies. Thus, impacts would he considered less than significant. a) ENVIRONMENTAL ISSUES TO BE ADDRESSED: X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Physically divide an established community? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact n n D n No Impact. The proposed project involves the construction of an underground sewer trunk pipeline, a pipeline bridge structure and a sewer lift station, and also involves the demolition of the existing obsolete lift station, the removal of the existing trestle bridge structures, and the removal and filling of the existing concrete overflow basin. The project is situated within the urbanized area of the city of Carlsbad; however some of the directly-adjacent land uses are open space. The majority of the uses are power plant or industrial oriented, commercial or business park, or transportation, as indicated on the following table. Table 6: Adjacent Land Uses Pipeline Segment North Segment Lift Station Middle Segment South Segment Environmental Setting Dirt road, disturbed open space; lagoon channel crossing; narrow peninsula adjacent to lagoon wetlands. Previously-graded disturbed and exotic vegetation, mature eucalyptus grove. Dirt road, adjacent patches of coastal sage scrub, concrete and metal factory materials, commercial retail and hotel uses. Public streets, .urban commercial, business park and industrial development. Surrounding Land Uses Railroad tracks, pedestrian trail, Lagoon wetlands, YMCA youth recreation facility, open spaces, aqua farming. Existing sewer lift station and accessory facilities, pedestrian trail, railroad tracks, Power plant accessory driveways and uses. Power plant accessory driveways and uses, railroad tracks, pedestrian trail, public street, hotel, restaurants, convenience store and gas station. Urban commercial and industrial development, and associated parking lots and landscaping. The proposed project will result in no permanent aboveground structures, except the previously-mentioned lift station and bridge structure (and manhole lids - which will be visible only from passersby in close proximity). As a result, no impact would occur that would disrupt or divide the physical arrangement of the established community. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 79 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The General Plan and zoning of the property allows for the proposed land uses. The entire property is within the coastal zone and the northern portion of the project alignment is within the boundaries of Specific Plan-144. Project compliance with each relevant land use document is examined below: 1. General Plan. The project travels through property with several different General Plan Land Use designations. These designations are; TC (Transportation Corridor), U (Public Utilities), T-R (Travel-Recreation Commercial, and Secondary Arterial Roadway. All of these designations contain policies which allow public infrastructure as a permitted use and the use would not conflict with these designations. The land use designations will not be changed through implementation of the project. The Land Use Element further requires that public facilities be provided in the city adequate for the projected population. The project complies with these provisions by providing the allowed sewer lines consistent with General Plan policies. 2. Zoning Ordinance, The subject project travels through property that has several different City zones. These zones are; T-C (Transportation Corridor), O-S (Open Space), P-U (Public Utility), C-T-Q (Commercial Tourist - Qualified Overlay), C-l (Neighborhood Commercial) and Arterial Roadway. All of these zones allow public infrastructure improvements as a permitted use. Therefore the project will not conflict with the Zoning Ordinance or unduly preclude the future use of parcels consistent with the Zoning guidelines. 3. Coastal Act Compliance. The project is located within the California Coastal Zone, specifically within the Agua Hedionda and the Mello II segments of the adopted Local Coastal Program (LCP). The portion of the project north of Cannon Road is in the Agua Hedionda segment, and south of Cannon Road is in the Mello II segment. While the Agua Hedionda Land Use Plan has been adopted by the City of Carlsbad, no Implementation Plan has been certified by the California Coastal Commission to date, and thus the Coastal Commission retains coastal permit authority for improvements within this segment. The Agua Hedionda land uses are generally consistent with the Carlsbad General Plan land uses for the project alignment within the Agua Hedionda LCP segment. The Mello II Land Use Plan designates the entire alignment length south of Cannon Road as Secondary Arterial Roadway. Public infrastructure projects are allowed in all of these respective land use designations. The proposed project is consistent with this policy. Also, a number of adopted City LCP policies address water quality/erosion control required of project's within the Coastal Zone. Compliance of the project in relation to these policies is as follows: a. Agua Hedionda LCP Policy 5.1 Public Works. The project complies because this policy dictates that all new utility systems shall be placed underground as feasible and commonly practiced, and the project is almost totally and underground project, as commonly practiced. b. Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts with marine resources. The project protects uses of the marine environment in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes c. Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact biological production and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of groundwater supplies and substantial interference with surface water flow, vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. d. Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas. The project complies because environmentally sensitive habitat areas (ESHA) will be avoided to the degree feasible and the small edge-areas of DCSS impacted are not considered ESHA because they are not rare or especially valuable because they are situated in a series of small, fragmented, isolated patches, Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 80 tlS PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT surrounded by a highly urbanized, industrialized environment. Further, the DCSS impacts will be fully mitigated with in-kind creation, and will thus be protected against any significant disruption of habitat values. e. Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because development proposed in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas will be sited and designed to prevent impacts which would significantly . degrade such areas. f. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. g. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any increase in impervious area, the city will include requirements in the coastal development permit approval to allow inspection and maintenance of the BMPs, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill). Also, the project description proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Lift station site design BMPs will include a multiple-treatment program, including four different treatment systems.; (1) a vegetated or river rock swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils, (2) an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. h. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. i. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. j. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project complies sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 4. Zoning Ordinance Chapter 21.203.040(B)(4). The project complies because the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city's grading ordinance, storm water ordinance, standard urban storm water mitigation plan (SUSMP) dated April 2003 and as amended, and the master drainage plan dated 1994, as those documents are certified as part of the city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall become an element of the project and shall be installed prior to the initial grading. 5. Carlsbad Habitat Management Plan (HMP). Both the LCP Land Use Plans and the HMP have strict policies to discourage destruction of sensitive habitat, including no net loss of sensitive habitats and significant restrictions on disturbing wetlands. The project is situated in an urbanized area and will mitigate for impacts to sensitive habitat as indicated in Section IV of this environmental analysis. The project proposes no disturbances to wetlands. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 81 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Further, as discussed in Section VIII, the project will not result in additional urban runoff, pollutants, erosion or sedimentation as no grading is proposed and no new uses will be constructed. 6. Specific Plan 144(J). In 1998, the City Council adopted a Resolution of Intention (ROI Resolution No. 98-145), directing city staff to study and consider a comprehensive land use plan for properties within Specific Plan 144 (SP-144), an area of approximately 650-acres encompassing the Encina Power Plant, Agua Hedionda Lagoon, and adjacent lands. The northern one-third of the project is situated within the SP-144 area. The purpose of this ROI was to resolve the many land use issues associated with the properties within the SP-144 area, including reconciliation of inconsistent zoning and land use designations, resolution of outstanding LCP issues regarding open space and access, and revision of out-dated plans that did not accurately show existing structures and improvements. The study was not done, but subsequent actions of the City Council reconfirmed that a comprehensive specific plan update is necessary, and that it should be applicant, rather than city-initiated. , While the proposed Agua Hedionda Sewer Line and Lift Station project is an improvement partially within SP- 144, it is not subject to the comprehensive update requirement because it does not trigger or significantly impact the land use, public access and other issues of concern identified in the 1998 NOI. Specifically, the project is not subject to the comprehensive update requirement for the following reasons: a. The project improves major regional infrastructure that cannot be feasibly relocated. The project will replace existing facilities which have reached the end of their useful life. b. The lift station and sewer line are not significant new land uses; they would improve existing like facilities and would be constructed in generally the same locations as those existing facilities. They would be located in an existing utility corridor bordered on the west side by the railroad. The majority of the pipeline portion of the project within SP-144 would be undergrounded. Furthermore, care has been exercised in the design of above-ground structures such as the proposed lift station that features a low profile and partially buried structure and the replacement bridge for the sewer line. c. As a replacement and expansion of existing, like utility uses in generally the same location, the project would not represent a new, significant impediment to addressing the issues identified in the ROI, including land use and public access. d. The project proposes no changes to general plan land use or zoning designations or any conditions or policies of SP-144. e. As discussed in this section, the project complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines. f. The project would result in only minor changes to SP-144(J) and PDF 00-02(B) in the form of text and graphic changes that merely recognize the proposed improvements. Consistent with the most recently adopted version of the specific plan, SP 144(J), and PDF 00-02(B), these minor changes are considered "formal amendments" to the documents. Since the project would not require a comprehensive update, it instead proposes an amendment to SP-144. The amendment enables the project to continue to be a part of SP-144 and subject to any future comprehensive review. An amendment is also required by SP- 144(J), which specifically requires such for any formal amendment to PDF 00-02(B), further discussed below. 7. Precise Development Plan 00-02(B). The project will require a formal amendment to the Precise Development Plan (PDP) 00-02(B) pursuant to Section VI of that document. Formal amendments are required for all but generally minor improvements. This PDP covers approximately all 95 acres of the Encina Power Station, extending from Carlsbad Boulevard to Interstate-5 along the south shore of Agua Hedionda Lagoon. The PDP is the primary approval process for the public utility uses within this primarily electrical-generating area. Developments within the Public Utility Zone necessitate approval of a PDP. Since the proposed use replaces an allowed use in the PDP, the amendment will consist of text and graphic changes to update the PDP to reflect the proposed improvements. It is not anticipated that the project would trigger revisions to PDP standards. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 82 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 8. South Carlsbad Coastal Redevelopment Plan. The portion of the project located within the Public Utility Zone is located within the South Carlsbad Coastal Redevelopment area, and thus this portion of the project will require a redevelopment permit from the City of Carlsbad Housing and Redevelopment Commission. 9. Airport Land Use Compatibility Plan (ALUCP). The project has been reviewed by the San Diego County Regional Airport Authority and the City of Carlsbad has received correspondence that no further Airport Land Use Commission review is necessary, per the requirements of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) Carlsbad, CA. March 4, 2010. Thus the project is considered consistent with the Airport Land Use Compatibility Plan. As a result of these factors, it is determined that the proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project, as indicated, and no impact on land use plans, policies or regulations is assessed. The project has also been analyzed for any potential impacts or inconsistencies with the proposed CECP. As mentioned previously, the CECP involves the proposed construction of a second power plant on 23 acres in a location situated between 1-5 and the railroad tracks, adjacent to (south and southeast of) the proposed lift station. This location is also immediately east and adjacent to the proposed force main and recycled water line that would traverse the EPS site in a north-south direction. The proposed CECP site presently houses empty oil storage tanks which would ultimately be replaced by the CECP. An application for certification for this CECP expansion has been submitted to the California Energy Commission (07-AFC-6) and the project is under review for approval by this body. An overlay of the proposed project and the proposed CECP project is shown on Figure 14. The proposed sewer project has been designed to avoid the improvements planned for the CECP. As can be seen on Figure 14, approximately half of the permanent lift station facility would overlap into the proposed CECP "construction laydown area", located at the extreme north end of the CECP project. So as a result, the lift station would affect approximately 30% of the CECP construction laydown (construction materials and supplies) area at the north end of the CECP. However, the sewer lift station facility does not overlap or directly impact any permanent structural or operational portion of the CECP. Therefore, while the lift station does not overlay any of the permanent CECP project facilities, if the lift station is constructed prior to construction of the CECP, the lift station would result in necessary reduction in size of the available CECP "construction laydown area" planned for the north end of the CECP. It is unclear as to whether the CECP construction operation can be modified in this way. However, elimination of 30% of one of the available laydown areas is not anticipated to constitute a significant impact that would jeopardize the feasibility of the CECP project. Conversely, the proposed project construction plan also includes utilizing this northerly area for a laydown area for sewer lift station and force main construction materials and supplies. In the event that (for whatever reason) this construction laydown area is not made available from the property owner (NRG), the sewer contractor will alternatively use a portion of the Cannon substation property (owned by SDG&E) or the vacant lot, with disturbed vegetation, adjacent to the Carlsbad Water Recycling Facility (owned by the City of Carlsbad) at the south end of the sewer project on Avenida Encinas. It is possible that the two projects (the CECP - proposed construction period 2011-2013, this timeframe may vary depending on when the project is approved and all entitlements received) and the proposed sewer project (proposed construction period 2012- 2013- this timeframe may vary depending on when the project is approved and all entitlements received) may be under construction at the same time, While this issue of possibly overlapping construction laydown areas does not result in any environmental impacts, it would result in some level of increased construction planning and coordination of the CECP construction effort. A second planned CECP temporary construction laydown area is proposed south of the CECP directly adjacent to the widened (from 17.5 feet to 30.0 feet) sewer line easement. Temporary construction materials laydown however only affects the surface of the soil, and thus will have no affect on sewer or recycled water lines lying well below the ground surface. Thus, temporary construction materials laydown within the easement would not conflict with the underground utilities, and would thus be compatible. Further, no conflict would result from construction schedule overlap with the CECP and the sewer force main because the force main will be constructed via HDD tunneling methodology and will thus not affect the ground surface. Since the recycled water line is proposed to be constructed via conventional trenching operation and will temporarily affect the ground surface, coordination of schedules to avoid trenching conflicts with the edge of the CECP materials laydown would be necessary. This coordination of schedules can readily be achieved inasmuch as the recycled line trenching and installation is expected to involve only 14 days of actual construction within this affected segment. Thus, no significant inconsistency with this southerly construction laydown area is expected to result ' from this additional 12.5-foot widened easement. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 83 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The CECP also proposes expansion of the existing Cannon substation, located immediately south of the proposed CECP project, adjacent to the widened sewer easement. This expansion does not affect the area within 15-feet of the existing sewer line easement, and thus sufficient area exists in this area to accommodate the additional 12.5 foot widening of the easement. As mentioned, the proposed utility lines (force main and recycled water line extensions) would travel southward from the lift station to Cannon Road. Along this length, the lines run parallel and adjacent to the CECP project. The existing sewer gravity trunk line travels within an existing sewer line easement. The proposed project will increase this easement width by 12.5 feet, to allow for a full, 30.0-foot wide joint-use general utility easement which would accommodate three utility lines; (1) the existing gravity sewer line (which will remain), (2) the proposed new 30-inch force main sewer line, and (3) the proposed 12-inch recycled water line. This widening of the easement by 12.5 feet will not prohibit the CECP from using this easement area for vehicle access, or emergency vehicle access, since the city is proposing to install only buried utilities. Additionally, the city has avoided the potential for utility conflicts across the CECP site since the proposed force main line will be constructed at an approximate depth of 30-feet through HDD trenchless drilling (tunneling) construction method. This depth is deeper than the utility lines proposed to connect to and from the CECP. The recycled water main will be shallow and the construction schedule for this utility will not take place while the CECP is under construction in order to avoid construction conflicts. As such, will not result in exposed trenching or other surface or shallow soil impacts to the future CECP project construction or operations. In addition, the CECP project proposes to construct an approximate 60-foot wide "spoil berm for excavated berm material" along the west side of the proposed CECP plant facilities. This spoil berm will be located between the CECP structures and the north-south trending sewer line easement (widened by 12.5 feet) and maintenance road. The berm will be extensively landscaped with trees and shrubs by the CECP developer in an effort to minimize the visual impact of the CECP facilities from views into the site from the west. The proposed 12.5-foot widened easement needed to accommodate the force main pipe will not significantly interfere with provision of this spoil berm because the only prohibition to berm construction within the 12.5-foot widened area is the prohibition against the installation of trees (due to deep root conflicts) specifically within the easement. Berming, installation of shrubs and other vegetation types with shallow root systems would be allowed within this easement. Thus, sufficient area would continue to be provided to accommodate the full 60-foot ( landscaped berm. While trees would be prohibited within 12.5 feet of this berm, the 60-foot landscaped berm includes a minimum of 47.5 horizontal feet of this berm accommodating tree landscape screening. Both the CECP and the proposed sewer project anticipate that the adjacent access road will continue to be maintained for maintenance and emergency access into the area. The Desalination Plant, proposed on the opposite (west) side of the railroad tracks, will also include a 54-inch diameter pressurized product water pipeline on the west side of the tracks traveling parallel to the proposed sewer force main and recycled water lines and then perpendicular (east-west) to them near Cannon Road . The force main and recycled water lines have been designed at a vertical elevation so as to avoid conflicts with this Desalination line. Since all of these lines are flowing under pressure, the line elevations are not dictated by gravity, and avoidance of vertical conflicts is not a difficult design task. No conflict with the Desalination line will result from implementation of the two projects. Also, the CECP project proposes two overhead electrical transmission lines which will cross the proposed utility line alignment. These lines will not result in any conflicts with the underground sewer line or the recycled water line, however pipeline construction or installation will need to take precautions during construction, if the sewer line were to be installed after the CECP is constructed. It is concluded that the proposed project will not result in significant environmental impacts from incompatibility issues with adjacent existing and planned land uses. The project will however impact (remove from use) approximately 30% of the construction laydown area planned for use by CECP project, and will result in the need for a modification of that aspect of the CECP construction program. However, elimination of 30% of one of the available laydown areas is not anticipated to constitute a significant impact that would jeopardize the feasibility of the CECP project. Therefore, no significant impacts to the CECP project will result from implementation of the proposed project. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad Habitat Management Plan (HMP)' designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 84 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT resources and assigning mitigation for any impacts that do occur. In addition, the project is also located within the California Coastal Zone and the Mello II and Agua Hedionda segments of the adopted Local Coastal Program (LCP). No other local, regional or state habitat conservation plans specific to this site encumber the property. The project crosses HMP Core #4, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. The project however, will mitigate for impacts to vegetation communities protected by that HMP, as discussed in IV (a) above. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 85 - Q.OQ.Q.OLUO •*•2 dQ- .£ £ s£ wO.u 4>> 5O) >55 °s C Q)HI c•o 2 oCM > p 0| LL 03 Si co O cc<0 PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The HMP contains a number of Adjacency Standards that specifically apply to projects adjacent to sensitive habitat. As this project is located in the Mello II Land Use and Implementation Plan segment of the City's Local Coastal Program, it is subject to these policies. However, since the project does not permanently disturb any sensitive habitat, the majority of these policies do not apply. 1. Fire Management. The project is proposing only two above-grade structures, the sewer lift station and the Agua Hedionda Lagoon channel bridge structure. As a result of the specific characteristics of these structures, neither of these structures will necessitate a fire suppression or "clear area" around them. As a result the project does not result in impacts that would affect Fire Management. 2. Erosion Control. The project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will provide a multiple- treatment erosion control program, including a vegetated swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils; an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants; pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite; and an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. The project will not direct any new surface drainage directly into Agua Hedionda Lagoon. 3. Landscaping Restrictions. The proposed project will impact approximately 0.05 acres of Diegan coastal sage scrub (sensitive biological habitat). It will also involve grading of areas in proximity to sensitive habitat. This grading will be landscaped with native, non-invasive species for erosion control purposes. Upon completion of the pipe installation, all open-trenched areas will be re-vegetated to the state the area was in prior to construction. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because only low intensity security lighting will be provided on the lift station. Permanent fencing is only proposed around the lift station for security purposes. No permanent fencing is proposed for the balance of the project. 5. Predator and Exotic Species Control. The project would comply with this standard in the following ways: (1) the project will mitigate for permanent impacts to biological resources, and thus will not affect the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts will be minimized through coordinated placement of excavated soil and storage of machinery and materials as indicated in Section The HMP also includes Additional Conservation Standards to be applied to properties in the Coastal Zone (Policies 7-1 through 7-14). The following is an analysis of compliance with these Conservation Standards: 1. Policy 7-1. The project complies because it does not encroach into or propose construction in an environmentally sensitive habitat area (ESHA). ESHA is defined in the Coastal Act Sect. 30107.5 as; "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The project avoids impacts to sensitive habitats, with the exception of minor slivers of DCSS. The DCSS is surrounded by a highly urbanized environment, and thus are not rare, nor are they especially valuable to the ecosystem which has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project does not impact ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.09 acres of sensitive biological habitats that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, the Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 87 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT-STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT only portion of the project that is within a hardline open space is the Agua Hedionda channel bridge, which is, situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. 2. Policy 7-2. The project complies because it mitigates for impacts to DCSS through 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also provides an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. This 0.09 acre of DCSS revegetation is expected to occur within and around the eastern half of the demolished, filled-in existing lift station overflow basin, but could occur in a different location in the area. Thus, as a result of the inclusion of Mitigation Measures BIO-1 and BIO-2, the project will result in no-net-loss of DCSS. 3. Policy 7-3. The project complies because it does not impact any Oak Woodland vegetation. 4. Policy 7-4. The project complies because it does not impact any stream course. 5. Policy 7-5. The project complies because it does not impact any ephemeral drainage or ephemeral stream. 6. Policy 7-6. The project complies because it does not impact any delineated wetlands. 7. Policy 7-7. The project complies because the only impact to wetlands from the project is the removal of the trestle bridge(s) and trestle footings and their replacement with the new bridge (which will span over the top of the wetlands). Thus, the temporary construction impacts to wetlands are not permanent and the project will result in no loss of wetland. 8. Policy 7-8. The project complies because the impacts to DCSS are incidental and will be fully mitigated and no impacts are proposed to Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 9. Policy 7-9. The project complies because it does not impact CSS, Southern Maritime Chaparral, Maritime Succulent Shrub, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 10. Policy 7-10. This policy is not applicable because the project is not highly constrained (i.e.; is less than 80% constrained), and thus the project is in compliance with this policy. 11. Policy 7-11. The project complies because all proposed structures (except for the proposed bridge across the Agua Hedionda Lagoon channel) will maintain in excess of the minimum 100-foot wetland setback, and in excess of the minimum 20-foot setback from all DCSS. The bridge structure however, is location dependent because no feasible alternative location exists for the bridge, and by-definition, it must cross the channel. Further, the bridge will replace an existing bridge which will be removed. Thus, a reduction in setback for the bridge will be necessary. With this anticipated reduction in setback for the location-dependent bridge, the project is in compliance with this policy. 12. Policy 7-12. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 13. Policy 7-13. This policy is not applicable to the project because the project is not located on lands adjacent to Macario Canyon and Veterans Memorial Park. 14. Policy 7-14. This policy is not applicable because the project is not located on any of the properties identified. The project would minimize and mitigate for impacts to sensitive vegetation and would not affect the functioning of the hardline open space area 'including the, Agua Hedionda Lagoon and thus is considered consistent with the City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. Therefore, with the implementation of the proposed mitigation measures, as stated in Section IV - Biological Resources, above, any potential impacts would be less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 88 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT ENVIRONMENTAL IMPACTS TO BE ADDRESSED:Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XI. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral I I resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important I I mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? No Impact. No known or expected mineral deposits of future value to the region and the residents of the state are located in the immediate vicinity of the subject project. The Geotechnical Revaluation Agua Hedionda Lift Station and Force Main. Carlsbad, California, dated August 3, 2009, by Ninyo & Moore, concludes that the project alignment is generally underlain by fill, alluvium, old paralic deposits, materials of the Santiago Formation and terrace deposits. Fill soil is presumed to have been placed in the area in conjunction with grading for the adjacent land uses, including the railway, building pads associated with the power plant, commercial structures, and roadways. The fills are generally expected to be relatively shallow; however fills placed to construct the railroad where the proposed pipe bridge across the Agua Hedionda Lagoon channel is proposed may be up to 35 feet deep. These fill soils would be expected to have a low potential for mineral resources. Alluvial deposits also underlay the area around the Agua Hedionda Lagoon. The materials generally consisted of light olive gray to dark brown, poorly consolidated, sands and silty sands. In locations where the pipe bridge is proposed to cross Agua Hedionda Lagoon, at the north and south abutment locations, the alluvium is anticipated to extend to depths of about 150 feet and 75 feet deep, respectively. These alluvial soils would be expected to have a low potential for mineral resources. Pleistocene-age terrace deposits were observed along the west side of Avenida Encinas, south of Palomar Airport Road and along the railroad right of way south of Cannon Road. The materials observed generally consist of light brown to reddish- brown, damp, loose to dense, silty, and fine to medium-grained sand. The terrace deposits are expected to underlie the surficial soils across the project site. In previous excavation in the area, these Pleistocene-age deposits are not known to have a significant potential for mineral resources. Further, the project alignment does not cross any area of mineral resources as identified in the City of Carlsbad's General Plan Update MEIR 93-01, dated March 1994, map 5.13-1. As a result of the minor amount of trenching excavation and disruption of the surface of the land that will result from the proposed project, no impact to the potential for valuable mineral deposits is anticipated from the project. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. The subject site is not designated on the City of Carlsbad General Plan or the Zoning Ordinance, or in Specific Plan-144 as a locally important mineral resource recovery site. As a result of the fact that the City has not designated the subject property as an important mineral resource recovery site in any regulatory land use document, it is determined that implementation of the proposed project will not result in the loss of availability of a locally important mineral resource recovery site. Since no adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, designate the subject site as a mineral resource recovery location, it is concluded that no impacts would occur as a result of implementation of the project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 89 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT ENVIRONMENTAL ISSUES TO BE ADDRESSED: XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D D IEI D a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. Presently, the primary noise source in the vicinity of the proposed project alignment is noise generated by vehicular traffic on 1-5, Avenida Encinas, Cannon Road and Palomar Airport Road and Carlsbad Boulevard, trains on the BNSF railroad tracks, and Encina Power Plan equipment. Upon completion of construction, the sewer line will be underground and will not generate any perceptible noise. The lift station will however, generate noise. Noise has been simply defined as "unwanted sound". Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A-weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise sources by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear. The Community Noise Equivalent Level (CNEL) is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over a 24 hour period. The time of day corrections require the addition of 5 decibels to sound levels during the evening hours (between 7 PM and 10 PM) and the addition of 10 decibels to sound levels at night (between 10 PM and 7 AM). These additions are made to account for the noise sensitive time periods during night hours when sound appears louder due to less ambient noise. The Noise Element of the City of Carlsbad General Plan identifies certain sound levels that are compatible with various land uses. The Carlsbad Draft Noise Guidelines Manual, dated 1989, which is used to implement the Noise Element Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 90 23? PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT requirements, indicates that sound levels up to 60 dBA CNEL are compatible with residential land uses. Residential land uses are the closest "noise sensitive" land uses to the alignment of the proposed project. The proposed lift station is not located in the close proximity to residential housing developments or other sensitive receptors. The land uses around the lift station are industrial (power generating plant) in nature, which is considered in the Noise Guidelines Manual as a "General Industrial, Manufacturing or Utilities" land use. Noise exposure levels for this use are higher than those allowed for residential uses, up to 80 dBA CNEL as being "conditionally acceptable". Consideration has been given to installation of a Coastal Rail Trail bicycle and pedestrian trail in an undetermined location west of the lift station structure. However these pedestrians would also be subjected to extreme noise levels (several times louder than the lift station equipment) from passing coaster trains on the adjacent railroad tracks and equipment on the adjacent Encina Power Plant site. Table 7: Noise Exposure Limits to Land Uses in the Vicinity of the Lift Station Use Pedestrian Trail Industrial Residential \jlBA CNEL Limit 65 dBA CNEL 80 dBA CNEL 60 dBA CNEL Proximity to Lift Station 50 feet away 70 feet away 1,800 feet away Mechanical components within the lift station have the potential to exceed the 65 dBA noise level typically allowed for pedestrian trails, neighborhood parks, and similar open space recreation uses. These components are; supply and exhaust fans, air conditioning unit, and emergency generator(s). However, the below-grade design of the lift station will reduce potential noise impacts significantly, and additional noise abatement measures for this equipment will include sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. The industrial limit of 80 dBA is significantly higher than the residential or pedestrian trail limits, and no significant impacts to the industrial power plant uses are anticipated based on the anticipated noise levels from the lift station. With regard to residential, the nearest residences (60 dBA limit) to the lift station site are located across (on the north side of) the Agua Hedionda Lagoon, in the neighborhoods on Aguila Street and Kalpati Circle, a linear distance of 1,800 feet. The noise generated by lift station operations will not be perceived by these residents. Construction of the project (particularly the lift station grading, and trenching along the entire project length) will increase temporary ambient noise levels. Two types of construction related noise would occur: • Noise generated by stationary construction equipment operating along the project alignment, and • Noise generated by construction related trucks along the alignment. Construction noise levels for nearby receptors such as residential units generated by construction equipment can vary substantially depending upon a number of factors. These factors include the number and type of equipment in operation at any given time, as well as the distance and intervening topography between the construction area and the receptors. As a result of the relatively large size of the pipeline (54-inch diameter) and the trench depth (up to 20 feet), any given nearby location along the pipeline alignment could be subjected to construction noise for a few weeks while pipeline construction progresses toward and then past that location. Construction equipment to be used for the project is estimated to generate temporary short term noise levels of up to 80 dBA at a 50 foot distance. The nearest residential units will be approximately 110-feet east of the trench location at the closest point (northernmost point of the proposed project). This noise level drops off approximately 6 dBA per doubling of distance. Therefore, at 100 feet horizontal distance, the short term construction dBA could reach 73 dBA. Since the CNEL scale is 24-hour weighted, and work will only take place primarily within the day hours, the CNEL dBA for construction-related impacts to the closest residences will not exceed allowed limits. Further, it should be recognized that residences in this location are subjected to extreme noise levels (several times louder than the construction equipment) from passing coaster trains on the adjacent railroad tracks and from ambient noise from vehicular traffic travelling on nearby 1-5. Project-related construction noise would also include noise generated by construction truck activity on public streets. The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction, except for Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 91 •in PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT certain very limited construction activities that do not create disturbing, excessive or offensive noise after sunset and before ! 7:00 AM. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dBA for more than 8 hours during any 24-hour period. Noise from haul trucks travelling along the project alignment would generate noise levels of up to 76 dBA at a distance of 50 feet. These noise levels would diminish rapidly with distance from the project alignment at a rate of approximately 6 dBA per doubling of distance (70 dBA at 100 feet, etc.). Nighttime construction may be employed for the recycled water line crossings of the Cannon Road intersection and the Palomar Airport Road intersection. Construction necessitating use of moderate noise-producing equipment such as small excavators, backhoes, flat bed truck and dump truck, and including pneumatic tools with compressor will be used during this limited nighttime operation. Pursuant to adopted City policy, nighttime construction must comply with the noise restrictions articulated in Carlsbad Municipal Code Section 8.48.010, which stipulates allowance for limited nighttime construction pursuant to issuance of a City Manager-issued permit subject to findings that residences within 1,000 feet of the construction will not be unduly impacted by noise from the construction. Per the requirements of Section 8.48.010, the City Manager must find that the proposed nighttime construction will not "create disturbing, excessive or offensive noise" during the nighttime hours. If such finding is made, then the City Manager may grant an exception to the daytime limitation and allow nighttime construction; (a) when emergency repairs are needed, or (b) in nonresidential zones where no residences are located within 1,000 feet 'of the construction site. Most of the alignment of Phase 1 of the proposed project (the segment within Avenida Encinas, south of Cannon Road) is located within 400-feet of the closest residences. Thus, the finding of at least 1,000 foot distance to allow nighttime construction cannot be made. Noise levels at the nearest residences during the nighttime construction could be as high as 63 dBA CNEL along the Phase 1 route, Farther to the north, the proposed lagoon channel bridge is located between 850 and 1,050 feet from the nearest residences located on the north shore of the lagoon. Most of the Phase 2 line is far closer than 1,000 feet. Thus, the finding of 1,000 foot distance cannot be made for construction within Phase 2 of the project (north of the lagoon channel) either. Noise levels at the nearest residences to Phase 2 could be as high as 73 dBA CNEL. The closest residences to construction work that would take place on Phase 3 (between the lagoon channel and Cannon Road) are in excess of 1,050 feet from the construction zone. Thus, construction work in this Phase (which includes the lift station) could be allowed subject to the discretion of the Carlsbad City Manager. Nighttime noise levels experienced at the nearest residences to Phase 2 are not projected to exceed 58 dBA CNEL. As a result of these factors, it is determined that both operational and construction noise levels generated by the project are anticipated to comply with City of Carlsbad Draft Noise Guidelines Manual land use noise levels, the City permitted construction noise levels and hours, and County of San Diego Noise Policy standards. As a result, a less than significant impact is assessed. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Less Than Significant Impact. Construction of the project will generate temporary ground-borne vibration and noise levels typical of soil movement and hauling activities from operations of earthmoving equipment, tunneling machines and other large construction vehicles. However, these activities will be temporary in nature. Ground-borne vibration or ground-borne noise levels associated with the project would have a less than significant impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The sewer line will be underground and will not generate any perceptible noise. The proposed project lift station will include equipment components which will have the potential to exceed the levels of noise without the project. These components are; supply and exhaust fans, air conditioning unit, and emergency generator(s). Noise abatement measures for this equipment will include; undergrounding much of the lift station structure, sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. Further, the lift station is located away from sensitive residential receptors, and in an area which is adjacent to and thus directly subjected to extreme noise levels (several times louder than the lift station equipment) from passing coaster trains on the adjacent railroad tracks, and ambient noise from 1-5 and Carlsbad Boulevard traffic. Permanent noise levels at the nearest sensitive receptor are not projected to exceed 65 dBA at the YMCA youth recreation facility, situated Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 92 21*1 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 250 linear feet north of the lift station. Thus, as indicated in Section XI(a), the increase in ambient noise levels from the lift station is considered a less than significant impact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Unless Mitigation Incorporated. During construction, the project would generate temporary increases in noise levels in the immediate area of .the construction activities. As indicated in Section XI(a), construction equipment would generate noise levels of up to 80 decibels at a 50 foot distance. As a result of the relatively large size of the pipeline (54-inch diameter) and the trench depth (up to 20 feet), any given nearby location along the pipeline alignment could be subjected to construction noise for a few weeks while pipeline construction progresses toward and then past that location. The YMCA youth recreation facility is located directly adjacent to the alignment of the proposed project on the north side of the lagoon channel. This YMCA facility is used by children and as a result is considered a sensitive noise receptor. Lagoon channel bridge construction would impact users of the YMCA facility. Since the YMCA facility is open for youth recreation only during the summer months, summer timeframe construction of the bridge and adjacent facilities on the north side of the lagoon channel would subject children using the facility to temporary significant noise impacts from the heavy machinery and construction equipment. This significant impact however, can be reduced to a level of insignificance with the addition of Mitigation Measure AQ-3, which states, grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be conducted with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during the construction of this segment. Since no other sensitive receptors are location near the proposed project (the second closest sensitive receptor is Jefferson Elementary School, which is located 1,600 linear feet north of the northerly terminus of the proposed project) with Mitigation Measure AQ-3, the significant impact associated with the temporary increase in ambient noise levels is mitigated. The nearest residential units will be approximately 110-feet east of the trench location at the closest point (northernmost point of the proposed project). Again, it should be recognized that residences in this location are subjected to extreme noise levels (several times louder than the construction equipment) from passing coaster trains on the adjacent railroad tracks, and from vehicular traffic travelling on nearby 1-5. While project construction will create temporary increases in ambient noise levels, noise would only be generated during daytime hours (except for limited nighttime installation of the recycled water line across the lanes of Cannon Road and Palomar Airport Road, subject to issuance of a City Manager permit), and any sensitive receptors (such as nearby residences) would only be exposed to construction noise during the few weeks the sewer line is being trenched and installed nearby any given residence. For this reason, only those impacts association with construction of Phase 2, including the lagoon bridge, will result in significant increases in noise levels at the YMCA youth recreation facility, Thus, this temporary increase in noise level during construction of this northerly phase are considered significant, and must be mitigated through inclusion of mitigation measure AQ-3., which states, grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be conducted with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during the construction of this segment. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. The extreme southern end of the proposed sewer line alignment is located 1.96 miles from the western property line of McClellan Palomar Airport, and 2.10 miles from the runway of that airport. The southern end of the project alignment, from the approximate mid-point between Cannon Road and Palomar Airport Road to the EWPCF is located within the Airport Influence Zone as outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). adopted January 25, 2010 and amended March 4, 2010, prepared by SANDAG. No section of the proposed project is situated within an identified Airport noise contour zone. The nearest zone contour (60-65 dBA CNEL) is located Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 93 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT on the east side of 1-5. The ALUCP also includes a Safety Policy Map. The subject project is not located in any of the identified safety hazard zones. As a result of the above factors, no restrictions are placed upon the subject use within this contour. Except for the lagoon bridge and above-grade portions of the sewer lift station outside the Airport Influence Area, the proposed project is a wholly-underground allowable use. Thus, the proposed sewer line use is considered compatible with the ALUCP. As a result, the project will not result in subjecting people residing or working in the project area to excessive noise. The project will not create any perceptible noise. Therefore, a less than significant impact is assessed. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. No private airstrip exists in the vicinity of the subject project. As a result, no impacts will occur from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: XIII. POPULATION AND HOUSING Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D n n D n a)Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The project alignment travels through the City of Carlsbad's LFMP Zones 1 and 3. The project does not propose the construction of any employment generating or residential uses that would induce population growth in the area. While the project would improve the quality and capacity of the V/C Sewer Line, the improvements are proposed in response to the anticipated growth in the sewer service area, in accordance with the adopted General Plans of the north Carlsbad and the Vista cities. Thus the project is considered a response to anticipated growth in the service area, not an inducement of growth. No population increase would result from implementation of the proposed project. As a result of the fact that the project would not induce growth, it would also not lead to secondary impacts on the environment associated with induced growth. As a result, the impacts from the project are considered less than significant. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The project will not result in the elimination of any residential units, and no impact associated with the removal of existing housing would occur. c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Agua Hedionda Lift Station and Sever Line Project Environmental Initial Study - 6/28/11 94 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT No Impact. No people or houses will be displaced by implementation of the project. No residences exist within the alignment of the proposed project and no replacement housing will be needed. Therefore, no impacts associated with the construction of replacement housing would occur from the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? A Less Than Significant Impact. The project alignment is located within the Zones 1 and 3 LFMP areas. City of Carlsbad Fire Station No. 1 (1275 Carlsbad Village Dr.) serves the northern portion of the subject alignment, and Fire Station No. 4 (6885 Batiquitos Dr.). The subject project alignment is considered by the Carlsbad Fire Department to be within an effective fire response time (within five minutes) of these stations. The project proposes no business or residential uses. The majority of the project will be installed underground and will thus not be subject to significant fire risk. The two structures proposed in conjunction with the project, the lift station and the channel bridge will be almost totally fireproof, inasmuch as the lift station will be constructed with cured-in-place concrete walls and metal roof and doors, and the bridge will be constructed of concrete supports and steel bridge. The presence of approximately 20 construction workers (during the project construction period) at any single time could create the potential for a construction accident or other medical emergency to occur, and could require response from the appropriate fire station. This potential however, would not necessitate the need for new or altered fire protection facilities or additional staff. Fire protection impacts will be less than significant. u.Police protection? Less Than Significant Impact. The Carlsbad Police Department (CPD), located at 2560 Orion Way, services the entire city of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 95 241 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. The project dos not propose any residential or business uses; therefore, the proposed project would not represent an increase in demand on CPD resources. During the project construction period, theft or vandalism at the construction site or the staging areas could require a response from CPD. While the likelihood of occurrences is unknown, their number is expected to be low. Temporary security lighting and other security measures will be used at the staging areas where construction equipment could be stored, and this is expected to discourage vandalism or theft. As a result of the fact that the project would not result in the construction of residential or business structures, the likelihood of other police-dependent incidents would be low, and the project will not require the need for new or altered police protection facilities or additional staff. Police protection impacts will be less than significant. .Schools? No Impact. The project will not include the construction of any components that would result in an increase in population or students. Also, no portion of the project alignment would be located adjacent to a school facility. The nearest school facility to the proposed project alignment is Jefferson Elementary School at the corner of Jefferson Street and Tamarack Avenue. Since no increase in demand for school services will occur, and construction activities will not interfere with any school facilities, no impact to school services will result from the project. IV.Parks? No Impact. The project will not include the construction of any components which would create an increase in demand for parks. The nearest park is the Carlsbad State Beach, which is 650 feet westerly of the northern segment of the project alignment. As a result of the fact that no increase in demand for parks will result, and that construction activities will not interfere with existing park facilities, no impacts to park facilities would occur from implementation of the project. v.Other public facilities? No Impact. The proposed project does not include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. The project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system. The project will not generate a need for other governmental services, such as libraries, hospitals, or public housing. Construction of the project will not increase or generate the need for any of these public facilities or services. For these reasons, it is concluded that the project will result in no impacts associated with the provision of or maintenance of public facilities. ENVIRONMENTAL ISSUES TO BE ADDRESSED: XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D n n n a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study-6/28/11 96 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT No Impact. The proposed project does not include the construction of any population inducing uses, such as residential, commercial or employment-opportunity business uses. As such, no increase in demand for neighborhood or regional parks or other recreational facilities would be expected to occur from the project. The project alignment is sufficiently distant (650 ft.) from the Carlsbad State Beach that pipeline facility construction operations would not impact the existing use of the beach park. Thus, the project will generate no residents or workers and thus would not increase demand for parks. It will also create no construction impacts on nearby parks. As a result, no impacts would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact. The project does not feature the construction of any recreational facilities, thus no impact associated with the construction or expansion of recreational facilities would occur. It also does not create any demand for recreational facilities because it does not generate any population, and therefore no housing or employment requirements. The project is designed to accommodate [does not preclude] the future Coastal Rail Trail, a Citywide community pedestrian trail which is anticipated to be aligned across the lagoon channel bridge, and along the BNSF railroad ROW. For these reasons, it is concluded that no impacts to recreational facilities would occur as a result of implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: XVI. TRANSPORTATION/TRAFFIC project: Would the a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D n m n D D Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 97 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. The project operations will not generate any observable traffic, other than daily visits for observation monitoring by a wastewater technician and infrequent maintenance operations. Vehicular trips associated with project construction activities would be made up of an estimated 20 commuting construction workers, and haul trucks used for transferring soil, gravel, and materials. The construction workers would account for approximately 20 round trips per day (40 ADT) for the 18 month period, and haul truck trips are estimated to occur at a rate of 40 round trips per day (80 ADT) for 60 total days of soil hauling. These total 120 ADT would travel on the local public roadway system, and would thus increase the traffic by 120 ADT on adjacent roadways during this temporary 60-day soil hauling period and an estimated 40 ADT for the balance of the 18 month construction period. Upon completion of the project, the project will not generate any measurable traffic. Neither construction traffic increase would result in significant traffic congestion. The street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The project is consistent with the Carlsbad General Plan, Zoning Ordinance, Specific Plan 144, and the Carlsbad Local Coastal Program, Project operations will not significantly interfere with vehicular traffic, or with mass transit and non-motorized travel. Open trenching for the sewer line will be necessary in some areas. This trenching will take place within the center median and center lanes of Avenida Encinas. It may include a temporary closure (except for local access) of small sections of Avenida Encinas south of Palomar Airport Road. Standard, approved traffic controls, will be utilized during the construction so that traffic can continue to use convenient, parallel streets during the construction period. Major streets that are crossed by the proposed project include Palomar Airport Road and Cannon Road. Sewer pipeline installation across these streets is proposed via micro-tunneling and horizontal directional drilling (HDD) (respectively) construction methods. Open trenching across the Cannon Road and Palomar Airport Road intersections for the recycled water line will take place in one-lane segments so that only a single lane is closed to traffic at any time. Some of this work may be done during nighttime hours to minimize disruption to traffic flow and business operations. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. As a result, no significant impact to traffic circulation on these major streets should result. The project will not cause a substantial increase in traffic, and a less than significant impact is assessed. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. The San Diego Association of Governments (SANDAG), acting as the County Congestion Management Agency, has designated three roads (Rancho Santa Fe Road, El Camino Real and Palomar Airport Road) and one highway segment in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad are: Table 8: Regional Circulation Roadways in Carlsbad Roadway Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS A-D A-D A-D F The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F' in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable LOS "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout of Carlsbad and surrounding communities. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 98 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The buildout ADT projections above are based on the full implementation of the region's general and community plans. The proposed project is a permitted open space use and is consistent with General Plan land use Regional Commercial designation for the project site; therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable LOS "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highways and implementation of the CMP strategies, the designated streets will function at acceptable level(s) of service in the short-term and at buildout. Pipeline construction at Palomar Airport Road will be through microtunnel construction technique, which will avoid any impacts to the traffic or level of service on Palomar Airport Road. As a result, the project will not exceed or significantly impact the level of service standard established by the county SANDAG representatives on regional roadways in Carlsbad. Thus the project will not conflict with an applicable congestion management program, including level of service standards and travel demand measures, or other traffic standards. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? No Impact. The extreme southern end of the proposed sewer line alignment is located 1.96 miles from the western property line of McClellan Palomar Airport, and 2.10 miles from the runway of that airport. The southern end of the project alignment, from the approximate mid-point between Cannon Road and Palomar Airport Road to the EWPCF is located within the Airport Influence Zone as outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). dated January 25, 2010 and amended March 4, 2010, approved by the San Diego County Airport Authority. Although the project alignment is situated within the Airport Influence Area (AIA), the project will not involve the construction of any aboveground structures within this AIA, and thus, will not result in any air traffic impacts. The southern portion of the project is however, within ALUCP Review Area 2. The northern portion of the project is outside of the Airport influence area. Projects in the Review Area 2 are subject to Airport Overflight Notification. No section of the proposed project is situated within an identified Airport noise contour zone. The nearest zone contour (60-65 dBA CNEL) is located on the east side of 1-5. The ALUCP also includes a Safety Policy Map. The subject project is not located in any of the identified safety hazard zones. On July 6, 2010, the City of Carlsbad has received written clearance from the San Diego County Regional Airport Authority that the project will not require ALUC review inasmuch as the project is consistent with the ALUCP. As a result, no impacts to air traffic would occur from the project. d) Substantially increase hazards due to a design feature or incompatible uses? Less Than Significant Impact. The proposed project will not include hazardous design features or incompatible uses. Upon completion of construction, the only aboveground components of the project (other than the manholes which will stand only 0-inches to 18-inches above grade) would be the lift station structure and the channel bridge structure. Thus, no potential for safety hazards would be expected to occur. The project will also avoid impacts to heavily-travelled Palomar Airport Road and Cannon Road due to the proposed microtunneling and HDD construction methods, which do not necessitate detour routing or other hazardous features or circumstances. Also, on Avenida Encinas, where short segments of travel lanes may be temporarily closed during the construction period, the construction contractor will be responsible for safely redirecting the traffic flow. No sharp curves or dangerous intersections would be created as a result of the proposed project. The proposed uses, sewer trunk line, sewer lift station, are compatible with the adjacent railroad, power plant industrial and arterial roadway uses. Impacts to safety from design features or incompatible uses would be less than significant. e) Result in inadequate emergency access? Less Than Significant Impact. Temporary traffic diversions will be necessary when the two interior Avenida Encinas traffic lanes are closed (the two outside lanes will remain open) north of Palomar Airport Road, and when Avenida Encinas south of Palomar Airport Road is closed except for local traffic. Convenient alternative routes are available for motorists wishing to utilize these road segments. Thus, thru-access, and access to nearby uses will not be significantly hindered. The construction contractor will use standard adopted City of Carlsbad procedures to minimize traffic diversions. Emergency vehicles will be able to pass through the project area without obstruction, or take a convenient alternative route during the potential temporary closure of the short sections of Avenida Encinas south of Palomar Airport Road. Further, Agua Hedionda Lift Station and Sewer Line Project . Environmental Initial Study - 6/28/11 99 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT open trenching across the Cannon Road and Palomar Airport Road intersections for the recycled water line will take place ( in one-lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. As required by the City of Carlsbad Traffic policies, any construction work within a public roadway right-of-way will be the subject of a Traffic Control and Detour Plan. Such plans allow for contractor work in public streets while maintaining a safe, uniform flow of traffic, including vehicular, bicycle and pedestrian traffic. The Traffic Control and Detour Plan identifies all existing roadway improvements, shows the location and dimensions of the construction work zone, delineates staging areas in and around the work zone _as appropriate, and indicate locations of construction signs, barricades and delineators (including cones) and detours. As required by the City, this plan also indicates the duration of the construction work and traffic control, and must be approved by the City Traffic Engineer prior to beginning of construction within the roadway right-of-ways. Required compliance with this City policy is sufficient to determine that this impact is less than significant. Within the EPS property, the proposed new force main sewer line project will not obstruct the existing north-south emergency and maintenance roadway or impact emergency vehicle access to the CECP or any other facilities in the area. This fact is primarily the result of the use of HDD trenchless construction methods for the force main installation and once operational, the fact that the line is situated well underground. The proposed 12-inch recycled water line will be constructed via open trenching however, and as such trenching and installation of this water line could have the potential to result in obstruction of this access route. The trench necessary for laying the pipe will be excavated to an approximate size of 18-inches wide and 3.5 feet deep. Trenching and spoils stockpile associated with the installation of this water line will thus necessitate a maximum temporary construction impact work area of up to 18 feet in width, leaving a 12-feet minimum clear area to accommodate emergency access. Further, the substantive work effort associated with installation of the water line will only involve approximately 14 days of trenching construction, and can thus be coordinated with CECP or other construction, in the event the construction operation schedules coincide. However, notwithstanding the facts that the water pipe installation will involve a relatively narrow and shallow trench, and the installation operation will be of short duration, the trenching and pipe-laying could ( potentially significantly impact emergency access around the active trenching activities. As a result of this factor, it is determined that trenching and installation of the water line could result in a significant impact to emergency access to and from the CECP site. However the inclusion of mitigation measure HAZ-5, which requires that a minimum 12-foot wide, unobstructed emergency access be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road, be maintained; the environmental impacts associated with emergency access to and from the CECP site will be reduced to a level of insignificance. f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Significant Unless Mitigation Incorporated. alignment of the project, as follows: The NCTD operates "Breeze" bus service lines through portions of the Table 9: NCTD Bus Service through Project Alignment Route No. 101 321 444 445 Service Southbound - Oceanside Transit Center to University Towne Center Eastbound - Carlsbad Village to Palomar College via Legoland Westbound - Carlsbad Research Center/El Camino Real to Carlsbad Poinsettia Station (Coaster Connection) Westbound - Palomar Oaks Business Park in Carlsbad to Carlsbad Poinsettia Station (Coaster Connection) Project Alignment Portion Affected Route travels Avenida Encinas south of Palomar Airport Road to Kaiser Permanente offices on Avenida Encinas. Route travels Cannon Road from Carlsbad Boulevard to Paseo del Norte. Route Travels Palomar Airport Road to south on Avenida Encinas to Carlsbad Poinsettia Station. Route Travels Palomar Airport Road to south on Avenida Encinas to Carlsbad Poinsettia Station. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 100 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Although once completed, the project will not have any impact on the above transit service lines, construction of the project will impact three of the four service routes through the area. Routes 101, 444 and 445 all travel down the south segment of Avenida Encinas. Route 101 travels this route to access the Kaiser Permanente offices south of the EWPCF, and Routes 444 and 445 travels to the Carlsbad Poinsettia Transit Station, also located south of the EWPCF on Avenida Encinas. Temporary traffic diversions will be necessary when Avenida Encinas south of Palomar Airport Road is closed except for local traffic. A convenient alternative route will be made available for NCTD to use to access these destination points (Kaiser Permanente and Poinsettia Transit Station) from Poinsettia Lane (from the south), rather than from Palomar Airport Road (from the north). A mitigation measure is included which will provide for advance notice and coordination with NCTD of this imminent, temporary closure of this Avenida Encinas segment. This mitigation measure is indicated below. Route 321 crosses the project alignment across Cannon Road, but will not be impacted by construction since pipe installation at Cannon Road will be via HDD tunneling, which does not necessitate any modification of traffic lanes or practice. No bicycle racks or other alternative transportation features would be demanded by the project since it does not propose business, employment, residential, commercial, health, or other high-demand uses. The project is consistent with preliminary CRT plans for pedestrian and bicyclist access through the EPS area. Although the CRT alignment has not been finalized, if desired by the approving bodies, the CRT could share the existing 17.5 foot wide sewer easement (and maintenance road) through the EPS property. Also, the CRT could travel from the south side of the proposed channel bridge underneath the railroad tracks to the west side of the tracks. Thus, the sewer force main and lift station project will not preclude the CRT alignment from being placed on either the east or west side of the railroad tracks. No bicycle or pedestrian facility performance would be impacted significantly, nor would the safety of such facilities be affected by implementation of the project. TRAF-1 Prior to the commencement of development of the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: XVII. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact D n n D n n El D Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 101 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT e) Result in a determination by the wastewater I I I treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and I h>/] I I regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Under Section 402 of the Federal Clean Water Act (CWA) the Regional Water Quality Control Board (RWQCB) issues NPDES permits to regulate discharges to "waters of the U.S." which include rivers, lakes, and their tributary drainages. Waste discharges include discharges of storm water and construction project discharges. A construction project resulting in the disturbance in excess of one acre requires an NPDES permit. Construction project developers are also required to prepare a SWPPP plan. As a result of the fact that the project would be required to comply with the waste discharge prohibitions and water quality objectives established by the RWQCB and the City of Carlsbad (as a co-permittee), impacts related to this issue would be less than significant. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? No Impact. The proposed project is needed to replace the existing Agua Hedionda Lift Station (AHLS) and significantl portions of the Agua Hedionda sewer trunk line because the latter is nearing the end of its useful life and does not have sufficient capacity to convey future project wastewater flows. The AHLS is part of the Vista/Carlsbad Sewer Interceptor system, which covers the Vista/Carlsbad drainage basin (sewer service area) and drains sanitary sewage generated by urban development from this basin to the EWPCF. The project is planned of a size and scale which will handle the projected build-out sewage anticipated from the service area. The project will not result in an increase in quantity, of wastewater generation already handled by the Encina Wastewater Treatment Plant. The proposed project will connect to the existing sewer tributary lines at the north end of the project alignment, and future recycled water lines at the north and south ends of the project alignment. It will not impact any other sewer or other utility lines in the area. Thus, impacts to local sewer collection facilities in the area will be avoided. The project would not necessitate the construction of, or expansion of any new water, sewer or wastewater treatment facilities. Further, the project will not require the construction of any habitable structures, such as residences, commercial or retail uses, or businesses; therefore it would not generate new wastewater flows. As a result, inasmuch as the project does not include provision of any uses that would generate wastewater flows, no new or expanded wastewater facilities would be needed to accommodate the project. No impacts would occur from implementation of the project. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The City of Carlsbad Master Plan of Drainage Facilities (2007) indicates that the following drainage facilities and structures exist and/or are proposed within or near the alignment of the proposed project: Table 10: Storm Drain Facilities in the Vicinity of the Project Storm Drain Facility Larger than 48-inch diameter 15-inch to 24-inch diameter Storm Drain Facility Location Parallel and adjacent to the proposed project at northern terminus of project to north shore Agua Hedionda Lagoon Parallel to Cannon Road, on south side of Cannon Road Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 102 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Several other smaller storm drains are located along the alignment of the proposed project. During construction, BMPs would be implemented to prevent construction-tainted runoff (containing sediments, oil, grease, etc.) into the storm drain system. The BMPs will include a variety of measures to control these pollutants, such as the use of sandbags and straw bales to block drain inlets to prevent discharge from entering the storm drain system, and other temporary protections. Once completed, the project would not increase storm water flows in the area of the project. As a result, the project will not result in the need for modification or addition of new storm water drainage facilities or expansion of existing facilities, and therefore, no impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact. The proposed project involves the placement of an underground sewer trunk line, a sewer lift station and a bridge structure to support the sewer line over the Agua Hedionda channel. The project will upgrade and replace sewer trunk collection facilities, but will not result in any substantial overall changes to local or regional sewer or water supplies. Construction will require temporary use of water for dust control; however, this relatively small amount of water use will not affect local or regional water supplies and would not require any new expanded entitlements. Impacts are considered less than significant. The project also involves the provision of a 12-inch (diameter) recycled water line. This line will serve to distribute recycled water from the EWPCF to the northern region of Carlsbad. The water will be used primarily for landscape irrigation throughout this northern section of Carlsbad. Thus, the project will contribute to an increase in the availability of water supply for the northern portion of Carlsbad. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. While the project will transport wastewater, the project will not generate wastewater. The proposed sewer line and lift station will replace an existing line and lift station. The project will improve the current wastewater infrastructure, which will subsequently be able to handle increased flow to the EWPCF. These increased flows can be accommodated within the EWPCF capacity. Therefore, the project would result in more efficient and reliable wastewater transport to the Encina Wastewater Plant. As a result, impacts would be less than significant. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The project will not include any components (such as residences or business offices) that would require regular solid waste disposal services over the life of the project. During construction, demolished portions of the pipeline, existing lift station, trestle bridges and concrete overflow basin would be disposed of in accordance with local, state and federal requirements. Soil excavated during project construction would be temporarily stockpiled at the staging areas and would be reused, as appropriate, to fill trenches following pipe placement. While the project will generate some debris that would require disposal, it will be relatively minimal, and therefore impacts to landfills will be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The project will be required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991) and other applicable local, state and federal solid waste disposal standards; therefore impacts associated with this issue are less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 103 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT ENVIRONMENTAL ISSUES TO BE ADDRESSED: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? D D D D a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Unless Mitigation Incorporated. The following discussion demonstrates how, with mitigation, the proposed project would result in less than significant impacts with respect to the potential for substantially degrading the quality of the environment; substantially reducing the habitat of a fish or wildlife species; causing a fish or wildlife population to drop below self-sustaining levels; threatening to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, or rare or threatened species; or eliminate important examples of major period of California history or prehistory. Potential to degrade the quality of the environment. The project would not have the potential to degrade the quality of the environment. As indicated in the foregoing environmental analysis; No Impact, a Less Than Significant Impact, or a Potentially Significant Impact Unless Mitigation Incorporated is assessed to occur for each and every environmental issue addressed as a result of implementation of the project. In cases where the impact is assessed at Potentially Significant Impact Unless Mitigation Incorporated, mitigation measures are included in the project's MMRP, which will minimize impacts to a level of insignificance. . Substantially reduce the habitat of a fish or wildlife species. Cause a fish or wildlife population to drop below self- sustaining levels. Threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Vegetation communities which would be impacted through implementation of the project, includes Diegan Coastal Sage Scrub (DCSS), Developed Lands (DEV), disturbed lands (PIS) and Eucalyptus Woodlands (EUC). Thus, project related Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 104 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT impacts will occur to one sensitive upland vegetation association (CDSS) and this is considered a significant impact. No direct impacts will occur to sensitive wetland or riparian habitats. No impacts to waters of the U.S. will result from the project. Thus, no impacts to fish will result. Impacts to the remaining impacted vegetation communities (excluding Developed Lands) are considered significant unless HMP-required mitigation credit (Lake Calavera Mitigation Credit) is complied with. Impacts to Developed Lands are not significant. During construction of the project, machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, and will maintain a minimum 10 feet buffer from adjacent non-impacted sensitive vegetation communities. Also, staging areas for pipes, machinery, materials and tools will be on previously-graded urbanized areas, or within adjacent traffic lanes which will be closed to traffic. Backhoe tractors will be primarily utilized for trenching, with the spoils temporarily laid directly adjacent to the trench, a minimum 10-foot from any sensitive vegetation or water. Trucks to transport materials to the site and other smaller vehicles will access the area and park on the public streets and on the urbanized pads. Thus, direct temporary impacts to adjacent sensitive habitats will be avoided. However, the project may have the potential for indirect impacts on rare nesting or breeding birds in the sensitive habitats located in the adjacent Agua Hedionda Lagoon area because of impacts resulting from temporary, construction-related noise. Listed birds not identified on or near the site but potentially impacted by indirect impacts because they forage or rest in or near the lagoon include the Great blue heron, Elegant tern, and the California Brown pelican, all species that are listed as endangered or threatened and may be found in and around the adjacent open water. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from January 15 to September 15 of any year. Thus, if project construction in locations adjacent to Agua Hedionda lagoon is contemplated during this time, the project would need to implement mitigation measures to ensure any construction noise impacts do not significantly impact these nesting migratory birds. These birds nest in trees, shrubs and on the ground. As a result of these factors, with the incorporation of Mitigation Measures BIO-1 through BIO-13 which will ensure provision of additional protections on rare plants and animals during construction, and will ensure the revegetation of sensitive habitats, the project will not have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Have the potential to substantially eliminate important examples of the major periods of California history or prehistory. The proposed project would not eliminate important examples of major periods of California history or prehistory. With regard to history, based on an archaeological literature and records search of historic maps and aerial photographs, no buildings or structures have been recorded within the project area of potential effect. With regard to prehistory, records investigations for the Archaeological Resources Survey, dated May 2009, concluded that two archaeological sites were previously recorded adjacent to the project area and one site was previously recorded within the impact area. During a 2009 archaeological field survey, no cultural material was observed within the project area. However, based on monitoring of geotechnical testing, it is suggested that intact cultural deposits may be present beneath the existing fill soils that cover portions of the project alignment. Therefore, if the proposed pipeline would be trenched into native soils beneath these fills, which is anticipated, there is a potential for encountering cultural resources. Given the number of archaeological sites in the area and the nature of the soils, there is a potential for archaeological resources to exist within a subsurface context, with little or no evidence on the existing soil surface. Based on this, a monitoring program must be implemented for the project, as detailed in the following mitigation measures. The Native American Heritage Commission records show no indication of Native American cultural resources within ¥2 mile of the project, although the field survey referenced above suggests that there are Native American cultural resources in proximity to the project area. As a result, the project could also result in a significant impact to Native American resources if mitigation is not included. With the incorporation of Mitigation Measures CUL-1 and CUL-2, which will ensure provision of construction monitoring for prehistoric deposits, the project will not have the potential to eliminate important examples of major portions of history or prehistory. Therefore, impacts from the project would be less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 105 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase the severity of other environmental impacts, even when the environmental impacts may be individually limited. The cumulative impact from several projects can be quantified as the change in the environment that results from the incremental impact of the proposed development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a particular window of time. CEQA Guidelines, Section 15130(a) and (b) states: (a) Cumulative impacts shall be discussed when the project's incremental effect is cumulatively considerable. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project. The discussion should be guided by the standards of practicality and reasonableness. Cumulative Effects - Surrounding Development Projects: The analysis of cumulative impacts requires estimation in many cases, because specific quantification of impacts is not always feasible, due to the level of information available on a planned future project, variations in the status and timing of projects, and environmental conditions that may exist over the specific time that the cumulative projects become developed. For example, much of the environmental impacts associated with the proposed Agua Hedionda Sewer and Lift Station project occur during the construction stage only, and then are eliminated once construction is completed. Thus, related impacts from other cumulative projects that are not in existence or under construction during the construction period of the sewer line and lift station would not result in substantive cumulative impacts. However, the development schedule of planned projects cannot be assured. As such, this cumulative analysis addresses impacts that might be anticipated to compound or interrelate directly with those of the proposed project simply because this project is one of a number of identified planned or ongoing projects in the same geographic area. These cumulative projects are listed in Table 11 below. The scope of the cumulative analysis varies by environmental topic, because cumulative projects that are relative to one environmental issue may not be to another. For example, projects that may contribute to cumulative biological impacts may not exacerbate impacts from projects that would be a higher traffic generator or more relevant to traffic impacts. Therefore, pursuant to CEQA Guidelines Section 15064(h)(l), the following is a list of "probable future" cumulative projects that would have the potential to have some geographic and timing relationship with, and thus contribute to the potential for cumulative impacts when considered in conjunction with the proposed project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 106 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT . Table 11: Cumulative Projects Project No. Project Name Project Description Project Location 1.Poseidon Desalination Plant Project 50-million gallons per day (MGD) seawater-to-potable water Reverse Osmosis (RO) industrial plant that has received city approval and all other entitlements. The plant will involve the construction of several large structures, including a reverse osmosis building which would be nearly 50,000 square-feet, in area, a 60,000 square foot pretreatment area surrounded by tall screening walls, and an equipment and tank area also screened by tall walls. The reverse osmosis building, which would reach a maximum of thirty-five (35) feet above existing grade at its highest point, is the tallest plant structure. Once operational, it is anticipated that the plant will have the capacity to deliver water to the City of Carlsbad and other regional partners. The desalination plant would occupy an approximately 45.7 acre parcel in the area currently containing the southernmost of three large tanks nearest Carlsbad Boulevard and an area south of the large tank. Except for utility connections and the product water pipeline, all desalination plant components would be on the west side of the Amtrak/NCTD railroad tracks. A fuel oil tank and miscellaneous power plant facilities would be demolished to accommodate the desalination facility. Associated onsite improvements would include the intake pump station and pipeline; concentrate return pipeline, sewer connection, reverse osmosis and solids handling buildings, pretreatment facilities, electrical transmission lines, road improvements, and product water pipeline. Located on the EPS site, at and south of EPS oil storage tank #3, and west of the railroad tracks. Water conveyance facilities extend beyond the immediate site. 2.Carlsbad Energy Center Project ("CECP") Construction of a second power plant on 23 acres in a location at the north-east quadrant of the existing EPS site. An application for certification for this expansion has been submitted to the California Energy Commission. The project would be located on property immediately south-east of the proposed lift station site. It is estimated to generate approximately 540 megawatts of power for the region. The project would be a smaller facility than the existing EPS in terms of generating capacity, footprint, and height. It will contain two 14-story venting stacks and 9 to 10-story buildings. The project is expected to take 25 months to construct. The project also includes underground pipelines and above ground transmission poles and lines (up to 100 feet tall) to connect the CECP to existing and proposed facilities. Northeast section of the EPS site, immediately southeast of the proposed sewer lift station project. Between the existing railroad line and Interstate 5, primarily at the location of three presently-existing fuel oil tanks. Coastal Rail Trail (CRT) (Reach 3) A segment of proposed public trail which travels along the Coaster commuter rail line between Tamarack Avenue and Cannon Road. Reach 3 is part of an overall trail program which is ultimately intended to extend from Oceanside to San Diego. The trail is anticipated to be generally 12-feet in width, asphalt surface, allowing for pedestrians, bicyclists, and inline skating. While the city has completed portions of the CRT in Carlsbad, the alignment of Reach 3 (in the vicinity of the proposed project) is not yet complete. There is no approved alignment, funding or construction schedule for this portion of the CRT at this time. Along the Coaster commuter rail line railroad tracks from Tamarack Avenue to Cannon Road. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 107 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT NCTD Railroad Double- Tracking This project is a future project proposed by the California Department of Transportation (Caltrans) and Amtrak for NCTD. It involves the addition of a parallel railroad track along the subject section of track within Carlsbad. The project will necessitate an additional bridge across the lagoon channel. It is anticipated that the second track will be installed easterly of the existing track. Construction has begun, with installation of the additional rail crossing over Agua Hedionda Lagoon underway. On the east side and parallel to the existing railroad track. The project will necessitate an additional bridge across the lagoon channel. Interstate 5 Widening Project This CalTrans project involves the widening of 1-5 on both the east and west sides of the freeway (affecting both north and southbound lanes) and adding operational improvements to add capacity to this freeway. Four widening alternatives are proposed by Caltrans and could involve the expansion of up to two managed (HOV) lanes, auxiliary lanes where needed, and potentially one general purpose lane, all in each direction. Through Carlsbad, the project would expand 1-5 by up to 80-feet westerly towards the proposed project, and provide a direct access ramp ("DAR") on the east side of 1-5 in the vicinity of the project to connect with Cannon Road opposite Paseo Del Norte. Along both the east and west sides of 1-5 from La Jolla Village Drive in San Diego to Harbor Drive in Oceanside. Southbound Carlsbad Boulevard Realignment A proposal by the City of Carlsbad to modify the existing alignment of southbound Carlsbad Boulevard between Monzano Drive and Breakwater Drive. The purpose of the realignment is to create additional public open space along the coastline and improve the design and traffic-carrying capacity of the roadways and intersections. The South Carlsbad Coastal Redevelopment Plan identifies the Carlsbad Boulevard Realignment Project as an important infrastructure development to assist with the expansion of recreational opportunities, including the expansion of the State campgrounds and other amenities within this key coastal location. The project concept is to realign southbound Carlsbad Boulevard to create excess or surplus land that might be used for a variety of purposes, with primary focus on expansion of recreational and related uses. It is perceived that the realignment project will continue to include two travel lanes in each direction and a promenade or similar space along the west side of southbound Carlsbad Boulevard. The open spaces may include landscaping, public art, park furniture, trash containers, lighting, water fountains, bicycle racks, etc. The City of Carlsbad is currently considering a land exchange with the State Department of Parks and Recreation (State) to assist with accomplishing the goal to provide for new and/or expanded recreational opportunities. Along Carlsbad Boulevard between Monzano Drive and Breakwater Drive. Agua Hedionda Lagoon Dredging The regularly scheduled dredging of sediment by NRG Energy removing 500,000 cubic yards of sediment and pumping it onto the adjacent Carlsbad State Beach to be utilized for beach sand replenishment. The dredging takes place within the lagoon waterway, between Carlsbad Boulevard and the railroad tracks. The purpose of the dredging is to keep the sediment from clogging the seawater intakes for the existing Encina Power Station. Within the outer lagoon between Carlsbad Boulevard and the railroad tracks. Typically takes place every other year (The last dredging occurred in early 2011). Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 108 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Carlsbad Power Plants EIR and Land Use Study In October 2010, the Carlsbad City Council adopted Ordinance CS- 110 to extend a previously adopted urgency ordinance to prohibit any new or expanded power plants in the City's Coastal Zone. Additionally, the Council adopted Resolution 2010-238, declaring its intention to, among other things, consider land use alternatives for the Encina Power Station. Accordingly, the City of Carlsbad Planning Division considering land use applications, which, if approved by the Carlsbad City Council and the California Coastal Commission, would modify the build-out land uses on the Encina Power Station site from utility and power-generating uses to a combination land use district of travel-recreation commercial and open space uses. More specifically, a Combination District of Travel Recreation Commercial (TR) and Open Space (OS) is recommended. This designation would allow coastal-oriented commercial uses which could include various combinations of resort, hotels, motels, restaurants, and retail and active/passive recreation facilities which might include athletic fields, bicycle paths, campsites, picnic areas, and parks, to be developed on the site as alternatives to the existing public utility/heavy industry uses. The exact balance of the two proposed land uses would be determined at the time development was proposed. This Combination District designation would permit a broad range of land uses, when and if the site should be redeveloped. In addition to the Combination District Land Use designation, the site should be designated in the General Plan as a Special Planning Considerations Area. As a Special Planning Considerations area, site specific compatibility and goals can be established to guide development to be consistent with the City Council's intended direction. It is anticipated that land use actions proposed for the Encina Power Station may be processed over the next two years, excluding Coastal Commission review. A draft Environmental Impact Report may be released within the next year. These plans are very preliminary in nature. At this point in time, no land use assumptions have been developed to determine environmental impacts associated with the proposal to assign new land use designations at the Encina Power Station; thus, impact assessment is speculative. Further, it is not anticipated that any development will occur under the proposed land use designations until the existing Encina Power Station is demolished. Within the 95-acre EPS property. Cumulative Effects - Aesthetics The viewshed of the cumulative projects listed in Table 11 is comprised of the aesthetically-valuable Agua Hedionda Lagoon and coastal City of Carlsbad beach environment. The area is presently used for both active and passive recreation, such as hiking, swimming, sunbathing, walking, boating, bicycling, fishing, viewing and bird watching. The area is within the viewshed of scenic highways, Carlsbad Boulevard and 1-5, and the BNSF Rail line. All of the projects identified in Table 11, taken together, would contribute to aesthetic changes in the environment of the scenic area in and around the proposed project. These projects, when taken cumulatively, will significantly modify the appearance of the area. The Poseidon Desalination Plant and the CECP are located entirely within the EPS property in a location directly adjacent to (southerly of) the proposed project. The Desalination Plant will involve the construction of several large structures, including a reverse osmosis building which would be nearly 540,000 square-feet, in area, a 60,000 square foot pretreatment area surrounded by tall screening walls, and an equipment and tank area also screened by tall walls. The reverse osmosis building, which would reach a maximum of thirty-five (35) feet above existing grade at its Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 109 PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT highest point. This is in keeping with the scale of the two existing adjacent oil storage tanks to the north, which are of ( similar height. These two tanks, located west of the railroad tracks, are not affected by the construction of the CECP. In addition, structures and screening walls are sensitively designed so the desalination plant has a modern office/industrial building appearance. The project's certified EIR includes mitigation measures to mitigate potentially significant aesthetic impacts. The proposed CECP would remove three of four existing (unused) oil storage tanks which sit roughly 24 feet below surrounding grade east of the railroad tracks. In addition, the proposed site is currently bordered to the north and east by an earthen berm roughly 10 to 15 feet above surrounding grade, which is planted with Eucalyptus and other screening vegetation reaching 45 feet or more in height on the north and east. The oil storage tanks would be replaced with a large- scale structural housing for two gas combustion turbine electricity generators and associated facilities and equipment, including filter systems, cooler systems and combustion and piping systems. This power generating facility will include venting stacks up to 139 feet in height,, generator housing up to 88 feet in height, and other enclosures and structures up to 76 feet in height, all over an area of approximately 23 acres. To reduce the visual impacts of the venting stacks and other prominent features, the proposed CECP would be constructed below existing grade (24 feet), in combination with berming (up to 39 feet would be below the top of the existing earth berm adjoining 1-5), the visible height of the CECP structures would be reduced such that as seen from 1-5 the tallest of the structures, the venting stacks, would appear to be 100 feet tall. Additionally, nine transmission poles, which would extend out from the CECP site, have heights ranging from 74 to 100 feet. The mature vegetation, located along the west side of the railroad tracks, currently provides partial screening of the Desalination Plant site from railroad passengers and of the proposed CECP site from Carlsbad Boulevard, The vegetation will generally remain, any trees proposed for removal due to Desalination Plant construction are required by that project's mitigation measures to be replaced. However, existing berming and mature landscaping where the Encina Power Station (and proposed CECP site) borders 1-5 would be completely removed by all four of the freeway widening alternatives proposed. Since the existing vegetative berm and screening of the site may be affected by activities necessary for construction of the , CECP, and since the CECP project reaches a structural height exceeding this berming and landscape, a potentially ! significant cumulative impact to scenic resources could result. Further, the 1-5 widening project will eliminate portions of the landscape berm along the east side of the proposed CECP. Mitigation measures for the CECP project are proposed to provide comparable visual screening within the buffer zone adjacent to the widened freeway. These mitigation measures include a requirement (Condition of Certification VIS-5) to "maintain a permanent buffer zone including the existing vegetative visual screening, along the eastern portion of the CECP site, between the existing NRG fence line and storage tank perimeter road. ...The buffer zone shall be kept available to maintain existing visual screening, accommodate future possible 1-5 widening to the extent necessary, and to accommodate both future hazard protection features and visual screening. ...In addition, the Applicant shall work with Caltrans to develop a Mitigation Plan for accommodating the [1-5] widening project while maintaining visual screening of the CECP to acceptable levels. This plan could include complete or partial avoidance of the CECP site, complete or partial berm retention or replacement, complete or partial retention of existing landscape screening, and replacement screening as needed." Lights will be provided for security, operation, maintenance and safety of these utility uses. The lighting will be directed downward and will be capped to reduce glare and significant light trespass off of the site. The NCTD Railroad Double-tracking and the proposed future CRT pedestrian trail both travel in a north-south direction through the same property, directly adjacent to the proposed project. Double-tracking of the railroad tracks and the 1-5 Widening project will both be expected to encourage a greater number of public passengers and motorists to travel through and thus view the area in which these projects will be located. The 1-5 southbound widening and addition of new travel lanes will also draw southbound motorists up to 45 feet closer to the proposed cumulative projects. A retaining wall of less than ten feet in height is planned along a portion of the 1-5 frontage at the north end of the EPS property to provide a level excavated area for the new lanes. The City of Carlsbad General Plan Update for the EPS property and its subsequent modification of allowed land uses within the EPS property would also be expected to significantly increase tourist and public access to the area. Considering the existing utility-oriented heavy-industrial uses presently on the property, these proposed modified land uses would be (' expected to result in beneficial aesthetic impacts to the environment. Additionally, the planned realignment of southbound Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 110 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Carlsbad Boulevard, located approximately 0.75 mile southwesterly of the EPS site will also increase efficiency of traffic circulation, and thus motorist access into the City of Carlsbad. The remaining projects on the list of cumulative projects are not of a setting or scale which, even when taken together, would contribute significant aesthetic impacts to the visual resources of the area. The CRT and the Agua Hedionda Lagoon Dredging do not include structures or other features which would have the potential to substantially degrade the visual aesthetics of the environment. Further, the impacts from the proposed sewer and lift station project will contribute only a minor incremental impact to the aesthetic impacts associated with the cumulative projects. This incremental impact is a result of construction of the Agua Hedionda channel pipeline bridge abutment supports and bridge span and the visible lift station structure walls which will be visible up to 25.5 feet in height above the finish grade. In comparison to the overall scale of structures proposed for the CECP and the Desalination Plant, the sewer lift station structure will be insignificant. The proposed bridge will be highly visible, but not aesthetically unattractive, and will replace an existing obsolete and unattractive bridge. The remaining lengths of sewer and related pipelines will be located underground, and thus they will not contribute to any cumulative visual effects. Thus, it is concluded that any significant aesthetic change or degradation from the combination of cumulative projects will result from; (a) the size and scale of the CECP and Desalination Plant facilities, (b) the removal of portions of the buffer berm screen by the 1-5 widening project and a portion of the mature vegetation screen by the Desalination Plant and (c) the increase in public access and viewing to the immediate area from the 1-5 Widening, the Railroad Double Tracking (and subsequent increase in passenger volumes), and potentially, the Coastal Rail Trail. The Carlsbad Power Plants EIR and Land Use Study project changes in land uses on the EPS property could contribute to beneficial aesthetic improvements to the viewshed of the area and an increase in public access to the immediate area. The combination of these effects will result in a significant change in the visual character of the area. The proposed sewer facilities, including the lift station structure at 25.5 feet in height and the channel bridge at 30 feet in height, would not significantly compound or significantly increase these visual impact from the cumulative projects. Cumulative Effects - Air Quality As a result of their long-term nature, any emissions from plant and project operations for pollutants for which the San Diego air basin is not in attainment with state and federal standards are considered to be cumulatively significant. The SDAB is currently in non-attainment (state and/or federal) for Ozone and Particulate Matter. Nox and ROC are ozone precursors. Long-term operational emissions from the cumulative projects will be caused largely through the electrical power generation operations of the CECP project. Secondarily, the Desalination Plant project and the Agua Hedionda Lagoon dredging project's use of electrical energy will also contribute air pollutants. Short term cumulative air quality impacts could result from construction also as heavy equipment use for the separate cumulative projects proceeds within areas and within timeframes of other cumulative project construction. For example, the proposed sewer project construction is anticipated to be phased timeframe-wise and geographically over possibly three years. As such, project construction will occupy a relatively small area at any given time, and will move along fairly rapidly with minimal impacts at any given location along the project construction route in comparison to larger fixed location construction projects. While the proposed sewer project's construction contribution to air quality impacts is not considered to be significant, it could contribute to a significant localized incremental air quality impact if construction occurs at exactly the same time as construction for the adjacent CECP, the nearby 1-5 Widening, the Desalination Plant, and/or the Southbound Carlsbad Boulevard Realignment. It is not anticipated that all construction activities will take place concurrently. However, the railroad double-tracking project began construction in early 2011 and is expected to be completed through the EPS area by the end of 2011 or beginning of 2012. The Poseidon Desalination Plant is projected to begin in 2012 and will not overlap with other proposed projects in the area. The proposed sewer project is expected to be constructed during years 2012-2013, however, only part of the project is within the EPS. The CECP is estimated to break ground for construction in 2011-2013. All project start times depend upon one or several factors, including receiving final approval, receiving all required entitlements and acquiring needed funding. Although no specific construction schedule has been adopted, the Southbound Carlsbad Boulevard Realignment could begin construction as early as 2015. The 1-5 widening project segment through the City of Carlsbad is not expected to be constructed until after 2020. It is anticipated that the construction operations will be staggered, therefore, no significant cumulative air quality impacts will result from the cumulative projects. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 111 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT The CECP project will contribute the highest levels of air pollutants from the identified cumulative projects under both thef operations and construction scenarios. The CECP Final Staff Assessment (FSA), which is functionally equivalent to an EIR, indicates however, that the potential of the CECP to create air quality impacts will be mitigated by the installation and operation of Best Available Control Technology (BACT) for the gas turbines and emergency fire pump engine and also from the eventual retirement of existing Generating Units 1, 2 and 3. Emission reductions from the shutdown of these units will represent emission reductions and will be used to offset the project's emissions. Thus, with this offset, according to the CECP FSA, criteria pollutant emissions which would result from the CECP project would not cause exceedances of ambient air quality standards. This FSA concludes that all health impacts from the project are far below the thresholds of significance established by the state and the San Diego APCD. It must be noted that while the proposed sewer project complies with the adopted APCD air quality threshold standards for construction operations, the SDAB is currently not in attainment for Ozone and Paniculate Matter, both of which all of the cumulative projects would be expected to contribute to during their respective construction, and in a number of cases, during their operational, periods. Notwithstanding that the SDAB is in non-attainment, the staggered construction schedules anticipated for the proposed cumulative projects will not contribute significant cumulative air quality impacts beyond those which would result from the construction of the projects individually. Further, other than their geographical relationship, no operational connection or relationship exists which would amplify the air quality impacts among the cumulative projects, and thus the operations of the cumulative projects will also not contribute significant cumulative air quality impacts beyond those which would result from the projects individually. Cumulative Effects - Biological Resources The cumulative projects listed on Table 11 are all located within the City of Carlsbad. The City of Carlsbad is a participant in the MHCP Program and has adopted a Habitat Management Plan (HMP) pursuant to Section 10(a) of the Federal ESA. The MHCP considers biological resource conservation on a sub-regional scale and therefore serves as an appropriate format for analysis of cumulative impacts. The City's HMP provides the local implementation guidelines for compliance with the MHCP policies. As such, the HMP provides the mitigation policy guidelines which address the effects of both individual, and cumulative development. Therefore, if a project is determined to be consistent with the HMP, or in conjunction with' the adoption of mitigation measures is found to be consistent with the HMP, then, by definition, its cumulative effects are not significant. Although sensitive plant and wildlife species and vegetation communities are known to occur within the vicinity of the cumulative projects, they are essentially restricted to the estuarine and open water habitats associated with the Agua Hedionda Lagoon and the surrounding natural habitats and do not significantly occur on the proposed project site, the Desalination Plant site nor the CECP site. Migratory birds including waterfowl, shorebirds, and raptors are attracted to Agua Hedionda Lagoon. Raptors that would be expected to forage on and near the site include Red-tailed hawk, Cooper's hawk, Red-shouldered hawk, American kestrel, Osprey, and Peregrine falcon. The eucalyptus perimeter of the north and east sections of the EPS site provides raptor nesting habitat. With regard to California gnatcatcher habitat, remnants of CSS vegetation occurs in isolated cases along the railroad ROW, and will be impacted by the NCTD Double-tracking. The southbound Carlsbad Boulevard Realignment program of street improvements will also impact small, isolated areas of CSS. Some short-term temporary impacts to aquatic species could result from the Agua Hedionda Lagoon Dredging. Of the cumulative projects, only the bi-annual dredging and the 1-5 widening would be expected to directly impact wetlands. Virtually all of the remaining features affected by the cumulative projects are situated on urbanized, disturbed property. In an effort to continue supporting sensitive wildlife species in this area, the City of Carlsbad's HMP designates species- specific management guidelines that generally include preservation of estuarine and coastal salt marsh habitat, reduction of disturbance at nesting sites, and maintenance of lagoon hydrology and water quality, including a 100-foot setback from existing wetland habitats. In the event that avoidance is not feasible, mitigation is required pursuant to the HMP requirements. All of the cumulative projects will be required to comply with the HMP guidelines prior to issuance of individual development permits. Further, the HMP requires other biological mitigation measures during construction of these projects in order to minimize indirect impacts to HMP protected species. Construction noise levels will require implementation of various avoidance and minimization measures (mitigation) to reduce potential temporary noise impacts to wildlife around the cumulative sites, j For example, a preconstruction survey for nesting special-status birds, including raptors, noise monitoring and other protective features will be necessary. Direct lighting within 200 feet of hardline preserves must be directed away from the Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 112 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT HMP wetlands preserve. If nighttime construction occurs, then nighttime lighting will be required to be limited to minimal work space lighting. Therefore, assuming project(s) compliance with the HMP, construction and operational light impacts to wildlife and migrating birds from the cumulative projects are expected to be less than significant. Therefore, whether or not the projects listed in Table 11 are constructed concurrently, temporary construction noise impacts are not anticipated to be significant because all projects will incorporate a combination of noise reduction measures to avoid or minimize impacts to nesting raptors, and other sensitive nesting bird species. Due to the nature of the separate projects, each one separately required to be in compliance with the HMP regulatory guidelines the cumulative effects would not be significant. Further, the HMP provides regional mitigation for cumulative biological resource impacts. If a project is determined to be consistent with the MHCP (and the City of Carlsbad's associated subarea plan - the HMP) and it provides appropriate mitigation to ensure less than significant impacts, then its cumulative effects would by definition, be in compliance with the "take" authorizations of the HMP. Thus, as long as all cumulative projects are found to be consistent with the MHCP and the HMP, no significant cumulative effects on biological resources would result from implementation of these projects. Cumulative Effects - Cultural Resources Impacts to cultural resources related to the cumulative development of projects that are expected to occur within the area surrounding the proposed project could be significant if significant cultural resources are destroyed as a result of development. The analysis conducted in Section V(b) of this MND provides a summary of all potential impacts to cultural resources identified as a result of the records search (which included a one mile radius of the subject project - including the area of the cumulative projects). This records search included a literature review (including the area of the cumulative projects), and the field survey conducted for the area of project effect (APE) for the proposed sewer line project. Records investigations for the Archaeological Resources Survey for the Agua Hedionda Sewer an Lift Station, dated May 2009 and prepared by Affinis, concluded that two archaeological sites containing primarily marine shell materials were previously recorded in the area of the EPS. Much of the upper levels of the soil within the EPS property has been most likely impacted or destroyed by construction of the railroad, storage tanks, and other elements of the Power Station facility. It is noted however, that the marine shell observed within the project area appears to be the result of dredging, and that the Encina Power Plant supports a significant amount of fill soils of unknown origin, but that the lower soil strata could include cultural deposits. The area specifically involving the Desalination Plant and the CECP has been heavily impacted by construction and operation of the existing EPS and construction of four storage tanks. These tanks were constructed in the late 1960's and early 1970's to hold fuel for the power plant. They are sited in deep containment pits with sloped, concrete walls. The ground surface in this area is dominated by gravel and fill material and some asphalted roads surround the tanks. However, given the number of archaeological sites in the area and the nature of the deeper soils, there is a potential for archaeological resources to exist within a subsurface context, which could occur with little or no evidence on the existing soil surface. Therefore, the CECP, the Desalination Plant, and the NCTD Double-tracking could result in cumulative impacts on cultural resources. Insufficient information exists at this time regarding the soils in the area affected by the Southbound Carlsbad Boulevard Realignment project, or the 1-5 Widening project. Although specific environmental analyses for many of these cumulative projects have not been completed at the time of the MND, standard mitigation measures exist to reduce impacts to cultural resources to a less-than significant level, and it is anticipated that impacts to cultural resources from the cumulative projects, if any, would be mitigated to a less than significant level. These mitigation measures will include the retention of a qualified archaeologist and Native American monitor to be on site during all excavation during the project's construction phase. If archaeological material is observed by the archaeologist and or Native American monitor, ground-disturbing activity will be halted in the vicinity of the find so that its significance can be determined. If evaluated as significant, mitigation measures, including avoidance or data recovery, will be developed in consultation with the City of Carlsbad. This is standard mitigation required by the City of Carlsbad for compliance with CEQA requirements for avoidance, documentation and/or data recovery of significant cultural resources, and as a result all cumulative impacts related to cultural resources are reduced to less than significant levels. With regard to paleontological resources, the potential contribution to cumulative impacts would be appreciable, given the probability of encountering these resources, in the absence of mitigation. Thus, the proposed project would contribute Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 113 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT measurable cumulative negative impacts in the absence of mitigation. This would be the same circumstance with all/ cumulative projects identified in Table 11, except the Lagoon Dredging project. As with cultural resources, such mitigation measures are typically applied by cities in San Diego County, including the City of Carlsbad. If the individual projects are approved with the inclusion of paleontological mitigation such as monitoring observation of grading operations by a qualified paleontologist, then the cumulative impacts to paleontological resources will be reduced to a level of insignificance. The subject sewer project includes these mitigation measures as CUL-1, CUL-2, and CUL-3. Cumulative Effects - Geology and Soils Construction of the cumulative projects identified in Table 11 will take place in a seismically active area, as is most of southern California. The area including the cumulative projects is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The closest fault is Rose Canyon located approximately 4.6 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. According to the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, the potential for rupture resulting from earthquake is considered to be low. Construction of the proposed cumulative projects would not exacerbate any of these geotechnical hazards. Tectonic movement, which is independent of human influence, solely affects these conditions. Due to the lack of known active faults on the site, the potential for surface rupture at the site is considered low. For these reasons, project impacts would be less than significant. The potential for structural or infrastructural damage from seismic ground shaking or liquefaction will be mitigated by ensuring the projects are constructed to the 2010 California Building Code (CBC) standards for the southern California area. All projects in Table 11 are subject to these standards. Construction to this standard will minimize impacts to the project from design-basis earthquakes and be protective of life and property. More specifically, the structures and facilities associated with the cumulative projects will be designed and constructed to withstand strong earthquake-shaking as specified in the 2007 Uniform Building Code (UBC) for Seismic Zone 4. Construction to this standard will minimize impacts to the projects from design-basis earthquakes, and will be protective of life and properties. No soil subsidence has been identified to have occurred in the vicinity of the projects. No significantly expansive soils, no( mass wasting are evidenced on the projects for which geotechnical information is available. The heights of any proposed structures on Table 11 are above the level of the highest anticipated tsunami wave run-Up height. The area encompassing these cumulative projects does not generally contain steep slopes. The soil mapping units in the area are relatively level to gently sloping soils, formed in old sand dunes near the coast. These soils have moderate to rapid permeability, slow to medium runoff, and a moderate erosion hazard. Due to the urbanized nature of the area, it is expected that soil conditions would vary significantly, since urban development often entails significant mixing of local soils from grading and the import of construction fill soils beneath structures and roadways. These imported soils would necessarily be suitable for compaction to support structures and roadways. They would not be expected to contain unsuitable materials such as organic debris or expansive alluvium or clays. None of the cumulative projects will have any direct effects on jurisdictional wetlands or on lands currently used for agricultural purposes. During construction, erosion hazards can be increased to a cumulatively considerable amount, as the rate of construction or other human induced use of the land can lead to unstable surficial soil conditions. The City of Carlsbad requires the issuance of a grading permit in accordance with Carlsbad Municipal Code (CMC) 15.16.010 prior to beginning construction of a project. To obtain the grading permit, a Preliminary Soils Investigation Report must be submitted that evaluates bearing capacities of the soil of the site, expansive characteristics of the soil, and summarizes the field and laboratory testing of the soils. The grading plan must also include provisions for protective measures for control of urban pollutants and erosion and sedimentation in compliance with the Carlsbad SUSMP. An erosion control plan and a landscape plan must also accompany the application for the grading permit. These plans shall be designed to minimize the loss of soil from the project site to the maximum extent possible. The plan must also include erosion control measures for the site. The City of Carlsbad has developed a set of standards and design criteria to ensure the success of all construction projects within their borders. Given the requirements for permanent erosion control and storm water quality measures, construction and operational soil losses and offsite soil impacts will not be significant. All projects on Table 11 are subject to these requirements. The City of Carlsbad requires the employment of Best Management Practices (BMPs) which, when implemented during / both construction and operations, requires that project applicants implement an erosion and sediment control plan, and a ^ storm water management plan (SWMP) to reduce the impact of runoff from the projects. Mandatory site monitoring also Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study -6/28/11 114 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT require inspections to ensure that the BMPs described in the permits are utilized effectively. Since these are requirements of the City of Carlsbad, it is expected that the cumulative projects would employ BMPs and comply with all local, state and federal requirements. With implementation of these measures, the cumulative projects will not result in adverse impacts related to geologic hazards. Therefore, the project will not result in any cumulatively considerable geological hazards impacts. Cumulative Effects - Greenhouse Gases (GHG) The lead agencies for projects under CEQA must assess whether the emissions from the proposed project are "cumulatively considerable" even though the project's GHG emissions may be individually limited. Individual lead agencies may undertake a project-by-project analysis, consistent with available guidance and current CEQA practice. Section 15130(b) of the CEQA Guidelines states the following: The following elements are necessary to an adequate discussion of significant cumulative impacts; Either: a) A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency, or b) a summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area-wide conditions contributing to the cumulative impact. Even a very large individual project cannot generate enough greenhouse gas emissions to measurable influence climate change. It is a project's incremental contribution combined with the cumulative increase of all other sources of GHG that together form anthropogenic climate change impacts. However, the theory that an increase of one molecule of an air pollutant constitutes a significant increase cannot be the basis of a de-facto significance threshold. An individual project contributes to cumulative GHG emissions through construction, increased vehicular travel, and increased energy consumption. Each project can reduce its own GHG emissions through project-level review and mitigation, including energy efficiency features, green building programs, water recycling, and similar measures. However, the cumulative impact of GHG emissions, and therefore climate change, cannot be mitigated on a piecemeal, case-by-case basis. It is the regional development pattern, land use, and transportation policies that determine the cumulative impact in which a project participates. According to CEQA Guidelines 15145, if a Lead Agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate the discussion of the impact. The assessment of cumulative climate change impacts resulting from the list of cumulative projects in Table 11, or plus all the other "cumulative" projects that are planned or could be reasonably conceived of being planned, is speculative at this time for the following reasons: 1. Guidelines for establishing the radius for climate change have not yet been adopted. Without such guidelines, it is impossible to know how large an appropriate impact study area should be. For this reason, the "Project List" approach for conducting a CEQA cumulative impacts analysis, such as that assessed in Table 11, is not feasible. 2. There is no approved plan that covers the jurisdiction of the project that discusses climate change or GHG; therefore, the plan approach is not viable at this time. State and local agencies are currently trying to develop strategies to reduce GHG in their jurisdictions; however, these strategies are not complete at this time. Without a region-specific plan that addresses the cumulative nature of GHG and creates a framework for comprehensive GHG emission reductions, a project's cumulative impacts to climate change through GHG emissions "when added to closely related past, present, and reasonably foreseeable probable future projects" (CEQA Guidelines Section 15355) is speculative at this time. 3. There are no adopted legal, regulatory, or advisory thresholds for measuring project or cumulative impacts of GHG. GHG emissions resulting from the operations of the CECP and the cumulative projects will be offset in part by the shutdown and retirement of Encina Power Station Units 1, 2 and 3. As a result, the CECP EIR concludes that the project's GHG emissions are not substantial compared to global emissions and the cumulative impact of the project's GHG emissions Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 115 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT is less than significant. The CECP EIR further concludes that since the project is subject to regulation pursuant to AB 32, ( any remaining cumulative effects will be mitigated, and that the project "reasonably minimizes GHG emissions associated with this type of activity". This MND draws the same conclusion. Cumulative Effects - Hazards and Hazardous Materials Some hazardous wastes will be generated and stored during operations of the CECP, the Desalination Plant and the proposed sewer lift station project, and to a lesser degree, all of the remaining projects listed on Table 11. The storage, handling and use of all chemicals will be conducted in accordance with applicable city and state laws, ordinances, regulations, and standards, of which all projects are required to be in compliance. Chemicals will be stored in appropriate chemical storage facilities. In all cases, bulk chemicals will be stored in storage tanks, and other chemicals will be stored in returnable-delivery containers. Chemical storage and feed areas will be designed to contain leaks and spills. Flammable and explosive materials will be used and stored on the site. Additionally, during the construction of these cumulative projects, workers may be exposed to construction hazards. As a result, conditions of certification as recommended by the CEC in the Presiding Member's Proposed Decision (May 201 l)for the CECP and the EIR for the Desalination Plant projects include mitigation measures requiring that safety programs be developed and implemented to mitigate and appropriately manage those hazards. Through the implementation of State and local construction safety requirements, it is anticipated that all construction projects will be required to comply with worker safety policies and programs. Further, existing federal, state and local laws address the handling of hazardous materials and the transportation and use of hazardous materials. Any risk of a fire and/or explosion would be reduced through compliance with these applicable codes, regulations, and industry design/construction standards. Compliance with these laws and regulations will ensure that hazardous materials at the cumulative projects are safely managed. As a result, assuming compliance with worker safety and hazardous materials regulations, no significant impact to hazards and hazardous materials will result from the cumulative development of these projects. The proposed CRT project will encourage public access adjacent to the Encina area. Although no specific alignment has been adopted for the CRT project, it is anticipated that this trail will provide a public trail connection along the railroad ROW between Tamarack Avenue and Cannon Road. As such, this trail will be routed through the EPS property in a general north-south direction. It is unknown at this time exactly what method of precautionary separation between the public pedestrians and the CECP, Poseidon Desalination, the EPS facility, and the double tracking operations will be provided, however some method of separation barrier(s) will be necessary in order to avoid vandalism or accident, The safety barrier(s) could be provided through routing alignment, fencing or other available options. However, this potential for use incompatibility and public safety issues must be addressed prior to construction of the CRT through these plant operations facilities. Although the exact method of providing separation barrier(s) has not been planned, the provision of the barrier is in no case infeasible. Thus, the accommodation of a pedestrian walkway across the Agua Hedionda Lagoon channel bridge, as designed in the proposed project, does not prejudice the options for resolution of this potential future safety issue. Cumulative Effects - Hydrology and Water Quality The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES), the General Permit for Storm Water Discharges Associated with Construction, and other applicable portions of the federal Clean Water Act, including the Porter-Cologne Water Quality Control Act, or Section 401. Also, the City of Carlsbad has adopted a Storm Water Management and Discharge Control Ordinance. OThis ordinance requires that all new development and redevelopment activities comply with the City's adopted storm water pollution protection requirements. None of the projects will be developed within specific drainage channels, nor will they be developed directly in the 100-year flood zone. Treatment Control BMPs are structures, procedures, and practices that help to prevent pollutants from entering the drainages and improved storm drains within the city. The City of Carlsbad requires non-structural BMPs, which are preventative actions that involve policies, ordinances, requirements, practices, and standards that help prevent storm water pollution. Structural BMPs are designed to provide treatment of storm water either through storage, filtration, or ( infiltration. Structural BMPs include regulations on materials storage and cleaning, perimeter controls for erosion such as gravel bags, silt fences, etc., staging areas (covered, protected), tracking controls (gravel or steel shaker plates to limit Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 116 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT offsite sediment tracking), washout areas, dirt and grading protection (tarps, etc.) and storm drain protections. The City requires private property owners and project developers to maintain these BMPs. These requirements will be required of all development listed in Table 11. Although specific environmental analyses for many of these cumulative projects have not been completed at the time of the MND, standard mitigation measures are required to reduce impacts to water quality to a less-than significant level, and it is anticipated that impacts to water quality from the cumulative projects, if any, would be mitigated to a less than significant level. These mitigation measures will include the employment of Best Management Practices (BMPs which, when implemented during both construction and operations, requires that project applicants implement an erosion and sediment control plan to reduce the impact of runoff from the projects. Mandatory site monitoring will require inspections to ensure that the BMPs described in the permits are utilized effectively. Therefore, in consideration of the fact that all of the cumulative projects will be required to individually comply with the Carlsbad Municipal NPDES and SUSMP, water quality impacts associated with these projects would be both individually and cumulatively insignificant. Since these water quality regulations regulate storm water protections from both construction operations and pos-construction operations, water quality and hydrology issues associated with the cumulative projects would not contribute to cumulatively significant impacts. Cumulative Effects - Land Use and Planning Cumulative impacts analysis to land use are defined as impacts that result from incremental changes in land use that would cumulatively result in substantial disruption within an established community, or cumulatively result in conflicts with adopted land use or zoning plans and policies. The existing land uses in the area include the Encina Power Station, the Agua Hedionda Lagoon open space (Middle and Outer Agua Hedionda Lagoon and public beach), and transportation corridors (Carlsbad Boulevard, the ATSF railroad and 1-5). The subject area encompassing these cumulative projects is subject to several land use policy requirements of the City of Carlsbad. In particular are the Carlsbad General Plan, the Carlsbad Local Coastal Program (including the Agua Hedionda Land Use Plan), the City of Carlsbad Zoning Ordinance, the existing Specific Plan 144, the Encina Power Station Precise Development Plan and the South Carlsbad Coastal Redevelopment Plan. Many or most of these policy documents will necessitate policy amendment prior to implementation of several of these planned projects. The property is also located within the California Coastal Zone, for which most of the area the Coastal Commission presently retains permit jurisdiction. The City of Carlsbad possesses permit jurisdiction for properties south of Cannon Road. Environmental and resource protection policy documents which affect the cumulative properties include the BMP and the Scenic Corridor Guidelines. Other adopted policy documents necessitating compliance are Carlsbad Growth Management Program, the McClellan-Palomar Airport Comprehensive Land Use Plan, and the Carlsbad Landscape Manual. Amendments, including amending the allowed land uses, will be required for many of these policy documents in order to make the necessary consistency findings. The cumulative projects listed in Table 11 would not have the effect of dividing an established community or conflicting with environmental policies. Indeed, the Carlsbad Power Plants EIR and Land Use Study Project would modify the allowed land uses within the EPS from its current Public Utilities (U) designation to a Combination District (which is authorized in the Carlsbad General Plan) of Travel Recreation Commercial (TR) and Open Space (OS). This designation would disallow any new utility or heavy industrial uses, and instead allow coastal-oriented commercial uses which could include various combinations of resort, hotels, motels, restaurants, and limited retail and active/passive open space and recreation facilities. None of the cumulative properties are subject to the Williamson Act. No unique or prime farmland of Statewide Importance will be impacted by development of any or all of the cumulative projects listed. Cumulative land use impacts could occur if the development of the proposed project and other related planned future cumulative projects which are presently inconsistent with applicable plans and policies were to develop together. However, it is anticipated that the appropriate amendments to the land use and planning policy documents will be processed and completed prior to development of the projects. Cumulative impacts or incompatibilities could also result from conflicts between the proposed project and adjacent projects listed in Table 11, particularly with the neighboring proposed CECP. The CECP involves the proposed construction of a Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 111 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT power plant with associated facilities, concrete structures, stations, substations, roads and parking areas, transmission lines, and switchyards adjacent to (south and southeast of) the proposed lift station. This location is also immediately east and adjacent to the proposed force main and recycled water line that would traverse the EPS site in a north-south direction. The proposed CECP site presently houses empty oil storage tanks which would ultimately be replaced by the CECP. The proposed sewer project has been designed so as to not conflict with the improvements planned for the CECP, however a portion (approximately half) of the permanent lift station facility would overlap into the proposed CECP "construction laydown area", located at the extreme north end of the CECP project. As a result, the lift station would affect approximately 30% of the northernmost CECP construction laydown (construction materials and supplies) area. Notwithstanding this conflict between the construction materials laydown area and lift station, the lift station facility does not overlap or directly impact any permanent structural or operational portion of the CECP. Therefore, while the lift station does not overlay any of the permanent CECP project facilities, if the lift station is constructed prior to construction of the CECP, the lift station would result in necessary reduction in size of this northerly available CECP construction laydown area. Conversely, the sewer line and lift station project also proposed to utilize this northerly area for a laydown area for sewer lift station and force main construction materials and supplies. It is not anticipated that the two projects (the CECP - proposed construction period 2011-2013) and the proposed sewer project (proposed construction period 2012-2013) could be under construction at the same time. However, as stated previously, the schedules depend on receiving final approval, required entitlements, and funding). While this issue of overlapping construction laydown areas does not result in any environmental impacts, it will result in some level of increased construction planning and coordination of the CECP construction effort. Elimination of 30% of one of the available laydown areas is not anticipated to constitute a significant impact that would jeopardize the feasibility of the CECP project. A second planned CECP temporary construction laydown area is proposed south of the CECP directly adjacent to the widened (from 17.5 feet to 30.0 feet) sewer line easement. Temporary construction materials laydown however only affects the surface of the soil, and thus will have no affect on sewer or recycled water lines lying well below the ground surface. Thus, temporary construction materials laydown within the easement would not conflict with the underground utilities, and would thus not result in a significant cumulative impact associated with project compatibility. Further, no conflict would result from construction schedule overlap with the CECP and the sewer force main because the force main will be constructed via HDD tunneling methodology and will thus not affect the ground surface. Since the recycled water line is proposed to be constructed via conventional trenching operation and will temporarily affect the ground surface, coordination of schedules to avoid trenching conflicts with the edge of the CECP materials laydown would be necessary. This coordination of schedules can readily be achieved inasmuch as the recycled line trenching and installation is expected to involve only 14 days of actual construction within this affected segment. Thus, no significant inconsistency with this southerly construction laydown area is expected to result from this additional 12.5-foot widened easement. Immediately south of the CECP, SDG&E proposes a 138 kV Encina Switchyard and further south a new Relocated 138 kV Encina Switchyard and a 230kV Encina East Switchyard Cannon substation complex. This expansion of electrical substation and switchyards will involve the re-direction of transmission lines and the adding of additional banks of transformers to the existing substation facilities. Transmission lines will be placed in conduits which will supply energy from the substation to the desalination plant. These conduits will be located in an existing utility easement parallel to the railroad tracks and cross under the railroad tracks to the desalination plant through an existing tunnel. The proposed sewer force main and recycled water line extensions utility lines would travel southward from the sewer lift station to Cannon Road. Along this length, the lines run parallel and adjacent to the CECP project and the Cannon Substation expansion areas identified above. The existing sewer gravity trunk line travels within the existing sewer line easement along this route. Due to the additional sewer and water piping proposed, the project will increase this easement width by 12.5 feet, to allow for a full, 30.0-foot wide joint-use general utility easement which would accommodate three utility lines; (1) the existing gravity sewer line (which will remain), (2) the proposed new 30-inch force main sewer line, and (3) the proposed 12-inch recycled water line. This widening of the easement by 12.5 feet will not prohibit the CECP from using this easement area for vehicle access, or emergency vehicle access, since the City is proposing to install only buried utilities. The expansion of the easement does not affect the existing access road and the area within 15-feet of the existing sewer line easement, and thus sufficient area exists in this area to accommodate the additional 12.5 foot widening of the easement. Additionally, the cumulative utility conflicts across the CECP site and the Cannon Substation expansion areas is not expected to occur since the proposed force main line will be constructed at an approximate depth of 30-feet through HDD Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 118 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT trenchless drilling (tunneling) construction method. This depth is deeper than the utility lines proposed to connect to and from the CECP. The recycled water main will be located within this same easement, will be shallow and the construction schedule for this utility will not take place while the CECP is under construction in order to avoid construction conflicts. No exposed trenching or other surface or shallow soil impacts to the future CECP project construction or operations will result, which would create cumulative or compatibility impacts.. Also, the CECP project proposes two overhead electrical transmission lines which will cross the proposed utility line alignment. These lines will not result in any conflicts with the underground sewer line or the recycled water line, however pipeline construction or installation will need to take precautions during construction, if the sewer line were to be installed after the CECP is constructed. In addition, the CECP project proposes to construct an approximate 60-foot wide "spoil berm for excavated berm material" along the west side(the railroad side) of the proposed CECP plant facilities. This spoil berm will be located between the CECP structures and the north-south trending sewer line easement (widened by 12.5 feet) and maintenance road. The berm will be extensively landscaped with trees and shrubs by the CECP developer in an effort to minimize the visual impact of the CECP facilities from views into the site from the west. The proposed 12.5-foot widened easement needed to accommodate the force main pipe will not significantly interfere with provision of this spoil berm because the only prohibition to berm construction within the 12.5-foot widened area is the prohibition against the installation of trees (due to deep root conflicts) specifically within the easement. Berming, installation of shrubs and other vegetation types with shallow root systems would be allowed within this easement. Thus, sufficient area would continue to be provided to accommodate the full 60-foot landscaped berm. While trees would be prohibited within 12.5 feet of this berm, the 60-foot landscaped berm includes a minimum of 47.5 horizontal feet of this berm accommodating tree landscape screening. Both the CECP and the proposed sewer project anticipate that the adjacent access road will continue to be maintained for maintenance and emergency access into the area. Other neighboring projects which could result in cumulative impacts or incompatibilities include the proposed Desalination Plant. The Desalination Plant will include a 54-inch diameter pressurized product water pipeline on the west side of the railroad tracks traveling perpendicular (east-west) to the proposed sewer force main and recycled water lines. Near Cannon Road, the desalination pipeline will turn east, crossing and perpendicular to the sewer force main and recycled water lines. The force main and recycled water lines have been designed at a vertical elevation so as to avoid conflicts with this Desalination line. Since all of these lines are flowing under pressure, the line elevations are not dictated by gravity, and avoidance of vertical conflicts is not a difficult design task. No conflict with the Desalination line will result from implementation of the two projects. No other projects listed in Table 11 are in such close proximity to the proposed project so as to have the potential to result in compatibility impacts from cumulative effects. As a result, no significant cumulative impact to planning and land use will result from the cumulative development of the projects identified in Table 11. Cumulative Effects - Noise The City of Carlsbad has established land use compatibility guidelines for noise at residential areas of 60 dBA CNEL. Sources of existing noise in the area of the cumulative projects are primarily transportation related, including 1-5, Carlsbad Boulevard, local roads, and commuter and freight rail traffic. In general, noise impacts associated with the majority of the cumulative projects identified in Table 11 are long-term effects related to traffic generated by the development. These cumulative traffic impacts generally increase over time, as buildout of the City of Carlsbad and the surrounding region nears completion. Some long-term operational noise is projected from the CECP and the Desalination Plants; however, individual projects which generate long-term noise impacts are required to implement long-term noise mitigation in order to comply with the adopted City of Carlsbad noise limits. Therefore it is anticipated that as cumulative projects develop, mitigation to address their noise impacts will be employed for each project, in order to protect sensitive receptors and to comply with City policy. Construction noise of the cumulative projects is also a source of noise. Were the projects to develop cumulatively, it is not anticipated that those cumulative impacts would reach a level of significance. The time frame for construction of the proposed individual projects is relatively short, and it is therefore not anticipated that ambient noise levels will increase substantially beyond current levels before completion of project construction. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 119 POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Construction equipment for these cumulative projects will include various excavators and backhoes, dump trucks, cranes,' compressors, welders, concrete vibrators, paving equipment and other trucks and equipment. Construction activities may, at times, exceed the 60 dBA threshold. Much of the cumulative project properties are located adjacent to wildlife habitat, including the Agua Hedionda Lagoon. Therefore construction of the cumulative projects may result in temporary, indirect noise impacts to sensitive wildlife species foraging and nesting areas. Distance attenuation should reduce construction noise levels to between 60 and 71 dBA for average construction noise. Additional sound attenuation will be. achieved by the fact that berm and temporary barriers will be incorporated into the construction design should construction activities occur during the riparian bird nesting season. If construction cannot avoid the nesting season, then a qualified biologist will conduct the necessary preconstruction surveys of the surrounding riparian and estuarine habitats. Should noise levels exceed 60 dBA during the breeding season, then feasible noise reduction measures will be implemented to reduce average noise levels to below this threshold. The YMCA youth recreation facility is the only urban sensitive receptor located within the close vicinity of the cumulative projects. Residential units are located south and southwest of the Encina Power Station site, and north of the proposed sewer project. As such, any nighttime construction noise and operations resulting from the CECP, the Desalination Plant, the CRT and the Carlsbad General Plan Update will affect residents of these units. As mentioned, construction noise in the City of Carlsbad is regulated by the Carlsbad Municipal Code (CMC) Chapter 8.48. Pursuant to adopted City policy, nighttime construction must comply with the noise restrictions articulated in the CMC Section 8.48.010, which stipulates allowance for limited nighttime construction pursuant to issuance of a City Manager-issued permit subject to findings that residences within 1,000 feet of the construction will not be unduly impacted by noise from the construction. Construction noise levels for nearby receptors such as residential units generated by construction equipment can vary substantially depending upon a number of factors. These factors include the number and type of equipment in operation at any given time, as well as the distance and intervening topography between the construction area and the receptors. Homes and hotel uses exist around and near the South Carlsbad Boulevard Realignment project. Although specific environmental analyses for many of these cumulative projects have not been completed at the time of the MND, standard mitigation measures exist to ensure compliance with the City of Carlsbad allowable noise levels and thus to ,/ reduce noise impacts to a less-than significant level. In consideration of these requirements, it is not anticipated that the > project, in conjunction with cumulative projects, would result in significant noise impacts. Cumulative Effects - Traffic and Circulation The City of Carlsbad Growth Management Plan (CMC 21.90) disallows approval of any development which is projected to result in any road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone to be projected to exceed a service level C during off- peak hours, or service level D during peak hours. Impacted means where twenty percent or more of the traffic generated by the Local Facility Management Zone will use the road segment or intersection. The determination of compliance with these Growth Management Standards is to evaluate impacted road segments and intersections that are impacted by at least 20% of the traffic projected to be generated by the Local Facilities Management Plan (LFMP) Zone in which the project(s) is located, based on the assumed phasing of development and roadway/traffic improvements. Computer travel forecasts used for the analysis of existing, short-term and long-term (assumed buildout) have been evaluated using surrounding traffic volume estimates using the SANDAG Regional Transportation Model for the City of Carlsbad, Traffic impact analyses are inherently cumulative. The cumulative impacts analysis for traffic and circulation considers the intersections and road segments to which proposed projects could contribute to a cumulative impact: With regard to the CECP, the Desalination Plant, the CRT and the NCTD double tracking, project contribution to traffic impacts are primarily associated with construction. Since the time frame for construction of these projects is relatively short and may or may not occur simultaneously, it is not anticipated that a substantial increase in current traffic levels resulting from cumulative development will occur prior to completion of construction of these projects. Therefore, temporary traffic impacts associated with these projects will cease prior to any substantial cumulative traffic impacts being realized on local roadways and intersections. Therefore construction-related impacts to roadways and intersections are considered to be less than significant. The 1-5 Widening Project, and the Southbound Carlsbad Boulevard Realignment are projected to improve traffic flow on f those affected roadways, and thus will result in a beneficial impact to traffic circulation. The Agua Hedionda Lagoon Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 120 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Dredging project has no perceptible effect on traffic. No traffic analysis has been conducted for the planned Carlsbad Power Plants EIR and Land Use Study Project. Were all of these projects to be constructed and/or otherwise come to fruition at the same time, temporary localized traffic impacts could result from construction, and long-term impacts could result from resort/commercial uses proposed for the EPS property. However, the localized impacts from these cumulative projects would be expected to be superseded or mitigated by the traffic improvements associated with the 1-5 Widening Project and the Southbound Carlsbad Boulevard Realignment project. Furthermore, the proposed sewer line and lift station project would not significantly contribute to this cumulative impact. Therefore the project is not anticipated to contribute to any significant cumulative traffic impacts. Construction-related traffic could reach a level of significance if most or all of the cumulative projects were to be constructed concurrently. However, as stated above, it is not anticipated that all construction activities will take place during the same timeframes. However, for instance, the railroad double-tracking project began construction in early 2011 and will be completed through this area by the end of 2011 or beginning of 2012 and will not overlap with the other proposed projects in the area. The Poseidon Desalination Plant is projected to begin in 2012. The proposed sewer project is expected to be constructed during years 2012-2013. The CECP is estimated to break ground for construction in 2011- 2013. However, as stated previously, the schedules depend on receiving final approval, required entitlements, and acquiring funding.. The Carlsbad Boulevard Realignment project is in the early planning and preliminary engineering phase, and no construction schedule has yet been determined. It is anticipated, however, that construction will occur in stages over the next 10 to 15 years as funding is identified. The 1-5 widening project segment through Carlsbad is not expected to be constructed until after 2020. It is anticipated that the construction operations will be staggered, therefore, no significant cumulative traffic, transit or emergency access impacts will result from the cumulative projects. Cumulative Effects - Public Utilities and Service Systems As indicated in Section XVIII; Public Services and Utilities, the proposed project is not projected to result in the need for additional public facilities or services and would not contribute to considerable increases in demand for public services. In addition, the project would not result in significantly increased energy demand that would necessitate additional electrical generating or transmission facilities. Also, the Poseidon Desalination Plant is projected in the project's EIR to have a less than significant effect on energy resources and facilities. And the Desalination Plant is proposed in an effort to provide a greater supply of potable water to the subject cumulative sites and beyond. Potable water will be supplied through the existing water supply infrastructure and will be used for domestic purposes, for fire protection, and as an emergency water supply for the projects. The CECP, if developed, will provide significant amounts of electrical power to the region. If the Carlsbad Power Plants EIR and Land Use Study is approved and enacted, sanitary and storm drain sewer collection will be necessary for the EPS area, along with water distribution and other public utilities and services. The proposed sewer project will accommodate and allow for sewer service to the cumulative area. And construction and operation of the sewer project will not significant contribute to the cumulative demand for public utilities and services. No significant impacts to these systems are anticipated. Summary: Planned growth in the County of San Diego and the City of Carlsbad is considerable. The proposed project represents a response to the demand for additional, modern, upgraded sewer facilities for the development of the region. Growth (primarily redevelopment of existing urban areas) will continue in the region. City of Carlsbad and California Coastal Commission regulatory policies however do not allow development inconsistent with the local land use and planning standards. The list of cumulative projects analyzed in this report will result in significant environmental impacts with regard to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Transportation/Circulation. It is expected however, that all environmental impacts associated with these development projects could be mitigated to levels that would be less than significant by means of mitigation measures which are typically and routinely required by the City of Carlsbad, and measures similar in content to those identified in this Environmental Initial Study. As a result, it is concluded that the proposed project will not add a significant cumulative impact even when all cumulative projects identified in Table 11 are considered together. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 121 26$ PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT Cumulative Effects - CIP Sewer Improvement Projects: The cumulative effects of the proposed project and other cumulative master planned sewer facilities have also been analyzed. The City of Carlsbad 5-Year Capital Improvements Program (CIP), approximately $10.6 million worth of improvements and upgrades are proposed for projects directly related to the EWPCF over the next five years. These projects include EWPCF Building Improvements, Capital Acquisition, Rehabilitation and Staffing, Debt Service and Facility Expansion. Table 12: Encina Water Pollution Control Facility 5-Year CIP Projects Project No. 5800 5801 5803 Project Description EWPCF Building Improvements Capital Acquisition/Rehabilitation and Staffing Phase IV Expansion - Debt Service Phase V Expansion Also, another approximately $50.3 million are proposed for improvements and upgrades to the Citywide sewer collection system projects over this same five-year period. It is concluded that no significant cumulative impacts would result from implementation of the project. These projects are listed on the following table. Table 13: Sewer Collection System 5-Year CIP Projects Project No. 5501 5507 3622 3873 3951 5500 3573 3538 3875 5505 3840 3927 5504 5502 5508 3492 3886 3949 3867 3950 Project Description Avenida Encinas Gravity Sewer Beech Street Sewer Replacement Buena Interceptor Sewer Improvements Calavera Hills Treatment Plant Demolition Carlsbad Trunk Sewer Reaches VCT1A, VCT1B, VCT1C condition Assessment of Sewer Mains Faraday Avenue - Orion to Melrose Sewer Home Plant - Pipeline Replacement Home Plant Lift Station Replacement La Costa Meadows Sewer Extension La Golondria Sewer Extension North Agua Hedionda Interceptor - West Segment North Agua Hedionda trunk Sewer Reach NAHT1A North Batiquitos Interceptor Rehabilitation Poinsettia Sewage Lift Station Odor/Noise Abatement Sewer Lift Station Removals - Various Sewer Lift Station Repairs and Upgrades Sewer Line Refurbishments/Replacement and Manholes Sewer Master Plan Connection Fee Update Sewer Monitoring Program Terramar Lift Station Replacement Vista/Carlsbad Interceptor Buena Vista Lift Station Force Main Vista/Carlsbad Interceptor Agua Hedionda Lift Station Vista/Carlsbad Interceptor Reach VC1 IB Vista/Carlsbad Interceptor Reach VC13 to VC15 Vista/Carlsbad Interceptor Rehab Reaches 1 and 2 Vista/Carlsbad Interceptor Replacement Reach 3 If all of these projects were initiated and constructed at the same time, potentially significant impacts with respect to three environmental issues could occur; Air Quality - Fugitive dust and construction equipment emissions; Biological Resources - Possible presence and impacts to sensitive species and habitats; and Cultural Resources - Possible unearthing of cultural and paleontological resources through excavation. It would be expected however, that all environmental impacts associated with the cumulative sewer CIP projects, could be mitigated to levels that would be less than significant by means of mitigation measures similar in content to those identified Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 122 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT in this Environmental Initial Study. As a result, and assuming mitigation measures similar to those found in this Study, these projects in combination with the proposed project would not result in significant cumulative impacts. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Potential adverse effects on the human population have been evaluated in preceding sections of this checklist. The incorporation of design measures identified in the project description, applicable City of Carlsbad policies and standards, and applicable state and federal guidelines, will ensure that no substantial adverse effects on human beings, either directly or indirectly, will result from the project. Impacts of the proposed project would be less than significant. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 6/28/11 123 2?o PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department. March 1994. 2. California Department of Transportation website, "California Scenic Highway Mapping System." http://www.dot.ca.gov/hq/LandArch/scenic highways/index.htm. Accessed May 13, 2009. 3. "California Department of Conservation - San Diego County Important Farmland". September, 2002 4. Capital Improvement Program. City of Carlsbad, Finance Department, 2008-2013. 5. State of California CEOA Guidelines. State of California Natural Resources Agency. July 27, 2007. 6. Sewer Master Plan. City of Carlsbad, March, 2003. 7. Alignment and Site Study for Replacement of Reaches VC11B-15 and Agua Hedionda Lift Station of the Vista/Carlsbad Interceptor Sewer System. Brown and Caldwell. June 30. 2006. 8. Scenic Corridor Guidelines. City of Carlsbad. July 1. 1988. 9. City of Carlsbad Local Coastal Program. City of Carlsbad. Adopted November 1987, Mello I Segment. 10. Agua Hedionda Land Use Plan. City of Carlsbad Local Coastal Program, Kelly Ranch LCP Amendment, July 11, 2000. 11. San Diego County Important Farmland. California Department of Conservation. September, 2002. 12. Air Quality Conformity Assessment. Planning Systems. March 5, 2010. 13. Current Rules and Regulations. County of San Diego Air Pollution Control District. November, 2002. 14. Preliminary Biological Assessment Agua Hedionda Sewer Line and Lift Station. Planning Systems. May 28, 2010. 15. Regulatory Guidance Letter. US Army Corps of Engineers, RGL 08-02. June 26, 2008. 16. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. Final Approval November, 2004. 17. Archaeological Resources Survey. Agua Hedionda Sewer and Lift Station. Affinis. May 2009. 18. Alquist-Priolo Earthquake Fault Zoning Map. California Geological Survey. May 1, 1999. 19. Special Publication 42; Fault Rupture Hazard Zones in California. California Department of Conservation Division of Mines and Geology. 2007 Revision. 20. California Probabilistic Seismic Hazard Assessment. United States Geological Survey. October, 2003. 21. Geotechnical Evaluation of the Agua Hedionda Lift Station and Force Main. Ninyo & Moore. August 3, 2009 124 Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 22. Environmental Soil and Groundwater Sampling for the Agua Hedionda Lift Station and Force Main. Ninyo & Moore. August 28, 2009, 23. Uniform Building Code - Volume 1 (1997); Table 18-1-B. 24. Special Publication 42. California Geological Survey; State Geologist Division of Mines and Geology. May 1996. 25. Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California. California Environmental Protection Agency Air Resources Board, October 2007. 26. Limited Environmental Due Diligence Review Agua Hedionda Project. Brown and Caldwell. June 27, 2007. 27. City of Carlsbad Emergency Operations Plan. June 9, 2003. 28. McClellan Palomar Airport Land Use Compatibility Plan -. Carlsbad, California. (March 4, 2010.) Approved by the San Diego County Regional Airport Authority. 29. California Airport Land Use Planning Handbook. California Department of Transportation Bureau of Aeronautics. January, 2002. 30. Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through November, 2009. 31. Draft Agua Hedionda Lift Station Storm Water Management Plan. Brown & Caldwell. June, 2008. 32. Flood Insurance Rate Map (Map Number 06073C076F) Federal Emergency Management Agency. June 19, 1997. 33. Draft Noise Guidelines Manual. City of Carlsbad. 1998 34. San Diego County Regulatory Ordinances, San Diego County Noise Ordinance. Section 36.409-410, County of San Diego. Amended November 19, 2008. 35. Zone 2 Local Facilites Management Plan. City of Carlsbad. November, 1986 36. Carlsbad General Plan - Circulation Element, City of Carlsbad Planning Department. March, 1994. 37. Presiding Member's Proposed Decision. Carlsbad Energy Center Proiect. California Energy Commission, May 2011. 38. Carlsbad Energy Center Project. CH2MHill, July 2010. 39. Carlsbad Energy Center Proiect. Proiect Enhancement and Refinement Document. CH2MHill, July 2, 2008. 40. Precise Development Plan and Desalination Plant Project EIR. Dudek Associates, City of Carlsbad, June 13, 2006 and August, 2009. 41. Interstate 5 North Coast Corridor Proiect Draft Environmental Impact Report. Caltrans Metric. June. 2010. 42. Fact Sheet: 1-5 Express Lanes Project. Caltrans. San Diego Association of Governments, federal Department of Transportation, July 2011. 125 Rev. 06/28/11 212. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT LIST OF MITIGATING MEASURES (IF APPLICABLE) To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: Air Quality AQ-1 All construction equipment will be maintained at appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would include dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. AQ-2 Project construction shall implement the following measures in order to minimize construction-related emissions due to dust: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously-graded inactive construction areas. • Cover, enclose or apply soil binders to exposed stockpiles. • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. AQ-3 Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be conducted with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during the construction of this segment. Biological Resources BIO-1 Mitigation for permanent and temporary impacts to upland vegetation communities (HMP Habitat Groups D, E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres) from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 of this document (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1:1 creation component, as indicated in Mitigation Measure #2 below). The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City' s HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. BIO-2 Pursuant to Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies-approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The 126 Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. BIO-3 In order to avoid impacts to adjacent open space habitats during construction, all impacted open space interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the project. BIO-4 The developer shall hire a biological monitor to monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the USFWS within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. BIO-5 Prior to the commencement of any ground-disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (< 3 days), biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. BIO-6 Construction noise created during the breeding season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). BIO-7 The developer shall train all contractors and construction personnel on the biological resources adjacent to portions of this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties 127 Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY, SEWER REPLACEMENT associated with violating the Endangered Species Act. BIO-8 In order to adequately protect the adjacent open spaces, the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans; and • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from adjacent natural habitats. BIO-9 The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. BIO-10 During construction, the project applicant shall install temporary silt barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All work activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. BIO-11 Prior to beginning construction work, the project contractor shall notify the City Engineer, City Planner and Coastal Commission Staff as necessary, of the completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Contingency Plan shall include, at a minimum, the following requirements: a. In the event that a "frac-out," (escape. of bentonite slurry into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spilled fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan. If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an 128 Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre-project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchless construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is legally required. BIO-12 Prior to removal of the existing sewer and/or gas trestle bridges or construction of the new bridge over the Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Action, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the existing trestle bridges is anticipated to be required. Cultural Resources CUL-1 Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the^ archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. CUL-2 Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation 129 . Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre-grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and City Staff. CUL-3 Prior to any excavation or trenching into undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitoring paleontologist. Geology and Soils GEO-1 Grading and construction of the southern bridge abutment shall comply with the geotechnical recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due to seismically-induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. Hazards and Hazardous Materials HAZ-1 A site-specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site and (b) Avenida Encinas just south of Palomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site-specific Health and Safety Plan (HASP). HAZ-2 A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400-500 feet north of Palomar Airport Road, if dewatering activities are determined to be necessary. If dewatering activities are to be performed during construction, the SMP should include a groundwater management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer system, the concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad. The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment and Mitigation Manual, RWQCB guidelines, and the standard of care of the industry. HAZ-3 Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. 130 Rev. 06/28/11 ,27? PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT HAZ-4 A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAZ-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. HAZ-5 A minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road. Transportation/Traffic TRAF-1 Prior to the commencement of development of the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. 131 Rev. 06/28/11 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date /Signature 132 Rev. 01/02/07 zao Page 1 of PROJEC'i Force Mains \ME: Agua Hedionda Sewer Lift Station & Gravity &.^E NUMBERSPDP 00-02(C VSP 144(U/RP 10-26/CDP . i- 17/HDP 10-05/SUP 10-02/HMP 10-03 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Aj R: 'GftJAEiTY ' ;,;'- .• .:'.':' . • '..-,<•'.•..•.'•• .••-,• '. ! vv;.;-, ACM - All construction equipment will be maintained at appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would include dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. AQ-2 - Project construction shall implement the following measures in order to minimize construction-related emissions due to dust: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously- graded inactive construction areas. • Cover, enclose or apply soil binders to exposed stockpiles. Monitoring Type , Project Project Monitoring , Department "• '• •. ..• ','•:•" .'• Engineering - Utilities Department & Construction Contractor Engineering - Utilities Department & Construction Contractor . Shown on Plans ... •=.,-•• Verified Implementation '-. ..,-M:':!.!ifiS"''; ::[»/' ',• RerSrji , ' # Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of Mitigation Measure • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. AQ-3 - Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be accomplished with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during construction of this segment. £l!Lj$GKJAL RESOURCES BIO-1 - Mitigation for permanent and temporary impacts to upland vegetation communities (HMP Habitat Groups D, E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres) from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 in the EIA Part II (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1:1 creation component, as indicated in Mitigation Measure #2 below). The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres. That acreage is available to mitigate for habitat impacts from City projects on an acre-for-acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake Calavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. B1O-2 - Pursuant to Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation Monitoring Type Project ^s:l'iliil!K;:% Project Project Monitoring Department Engineering - Utilities Department & Construction Contractor •'•. ;' • ."• -i , ;• •':•" '. • ' ' i Planning Division Planning Division & Engineering- Shown on Plans •-->....',, ...-. •' \ Verified Implementation •'..'•/: , •>:•.•: "•••''' -^ Remarks ':'<;!•'•• .- ••^'^•-]l Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page? M itigation Measu re Monitoiv . Type Monitoring Department Shown on Plans Verified Implementation Remands of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include a five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies-approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The restoration program shall include site preparation guidelines, implementation monitoring, performance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. ___ Utilities Department BIO-3 - In order to avoid impacts to adjacent open space habitats during construction, all impacted open space interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and Project Planning Division & Biological Monitor Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on plans = When mitigation measure is shown on plans, this column will be inif ' and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 4 Mitigation Measure mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the project. B1O-4 - The developer shall hire a biological monitor to monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the USFWS within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. BIO-5 - Prior to the commencement of any ground- disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (< 3 days), biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) Monitoring Type Project Project Monitoring Department Planning Division & Engineering- Utilities Department Planning Division & Biological Monitor Shown on Plans Verified Implementation Remarks DE? Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 5 ' "4 Mitigation Measure Monitor^ Type Monitoring Department Shown on Plans Verified Implementation Remarks shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. BIO-6 - Construction noise created during the breeding season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). Project Planning Division & Biological Monitor BIO-7 - The developer shall train all contractors and construction personnel on the biological resources adjacent to portions of this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the Endangered Species Act. . Project Planning Division & Biological Monitor -O Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be inil and dated. Verified Implementation = When mitigation measure has been Implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Page 6 c Mitigation Measure BIO-8 - In order to adequately protect the adjacent open spaces, the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; • Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown oh the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No- fueling zones" shall be designated on construction plans; and • Night lighting, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from adjacent natural habitats. Monitoring Type Project Monitoring Department Engineering - Utilities Department & Construction Contractor Shown on Plans Verified Implementation _ Remarks -O Si Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 7 Mitigation Measure BIO-9 - The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1 999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. BIO-10 - During construction, the project applicant shall install temporary silt barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All work activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. BIO-11 - Prior to beginning construction work, the project contractor shall notify the City Engineer, City Planner and Coastal Commission Staff as necessary, of the completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Contingency Plan shall include, at a minimum, the following requirements: a. In the event that a "frac-out," (escape of bentonite slurry Monitor!^ Type Project Project Project Monitoring Department Engineering - Utilities Department & Biological Monitor Engineering - Utilities Department & Biological Monitor Planning Division, Engineering - Utilities Department & Biological Monitor Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be init' and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 8 c Mitigation Measure Monitoring :. Type Monitoring Department Shown on Plans Verified Implementation Remarks into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spiffed fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan. If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre-project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchiess construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is legally required. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. PageP -* <4_ Mitigation Measure Monitor^Type . Monitoring Department Shown on Plans Verified Implementation Remarks BIO-12 - Prior to removal of the existing sewer and/or gas trestle bridges or construction of the new bridge over the Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Action, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the existing trestle bridges is anticipated to be required. Project Engineering - Utilities Department i;:!JnSijg:J:;;;;b:;,: CUL-1 - Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground- disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of Project Planning Division, Engineering - Utilities Department •O Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. - Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be inf •* and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 10 14 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall -be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Ui Shown on Plans = When mitigation measure is shown on plans, this column will be O initialed and dated.o Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. PageJ" -*14 't Mitigation Measure American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. CUL-2 - Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered' during any ground disturbance activities. Prior to implementation of the monitoring, a pre-excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre- grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the monitor and City Staff. CUL-3 - Prior to any excavation or trenching into undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitoring paleontologist. ilEOLOcSY AND SOILS; '^:^••45/4^P!W^W":''i •"'•' --' • GEO-1 - Grading and construction of the southern bridge abutment shall comply with the geotechnical recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due to Monitor^ Type Project Project :::iV?f^Wfl^ Project Monitoring Department Planning Division, Engineering - Utilities Department Planning Division, Engineering - Utilities Department ^|S;i;i/S!;;^;ili|^!"""^ Engineering - Utilities Department Shown on Plans Ijfci^x^y.v-v. Verified Implementation Remarks •••-.• -"^Milif! Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be mK 1 and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Page 12 4 Mitigation Measure seismically-induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. £iiM&l!^/^ HAZ-1 - A site-specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site and (b) Avenida Encinas just south of Pafomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site-specific Health and Safety Plan (HASP). HAZ-2 - A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of; (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400-500 feet north of Palomar Airport Road, if dewatering activities are determined to be necessary. If dewatering activities are to be performed during construction, the SMP should include a groundwater management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer system, the Monitoring Type |;;^;g;;g';H; ;;;;:;;>;;' j •.- Project Project Monitoring Department '*&••/. *$$$$ Engineering - Utilities Department Engineering - Utilities Department Shown on Plans '$$^s'^&i'i Verified Implementation •:.." ;.:i' ' • ' Remarks ': . >•'; "••' : ; -i':| .:-:.'.v : ;"••• . Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 14 Mitigation Measure concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad. The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment and Mitigation Manual, RWQCB guidelines, and the standard of care of the industry. HAZ-3 - Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. HAZ-4 - A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAZ-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. HAZ-5 - A minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road,masammmmimm-^^^^^ • TRAF-1 - Prior to the commencement of development of the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that Monitor^ Type Project Project Project Project Monitoring Department Engineering - Utilities Department Engineering - Utilities Department Engineering - Utilities Departments Construction Contractor Engineering - Utilities Department Shown on Plans i'fiiiSliSllll^' Verified Implementation ilM^'lwiii^iiiH'ifili Remark* liiliiililliiiiiP CO O 6s Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been Implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page <' *14 Mitigation Measure are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. Monitoiv- Type Monitoring Department Shown on Plans Verified Implementation Remark o 3G Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept, = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation - When mitigation measure has been implemented, this column will be initialed and dated. Remarks - Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. RECEIVED August 31, 2010 SEP 0 1 2010 CITY OF CARLSBAD Pam Drew, Planner PLANNING DEPT City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 Subject: Agua Hedionda Sewer Lift MND Dear Ms. Drew: These comments on the Agua Hedionda Sewer Lift Station project are made on behalf of Preserve Calavera. Preserve Calavera is a grassroots conservation organization whose goal is to preserve, protect and enhance the natural resources of coastal north San Diego County. This project is replacement of an existing facility, on a site that was already impacted by the existing sewer plant and pipeline. However, the proposed project could cause further direct and indirect impacts to the natural resources of this area, primarily the Agua Hedionda watershed and lagoon. We believe that with some modifications to the current project plans that there could be a significant reduction in these adverse impacts and this could be done in a way that still fully meets the objectives for this project. The following are our specific comments on this project: Bridge to provide second roadway access Currently there is a very simple structure to support pipes. The project proposes to replace this with a much more substantial bridge that would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, it would cause significant direct habitat impacts. We think it could also cause additional indirect impacts associated with vehicle traffic and other use of this bridge in an area that previously would be very undisturbed. The MND indicates that only one daily vehicle trip to the site is anticipated for inspection and periodic additional trips for maintenance. Since there already is an access road that can easily accommodate this very low level of use there does not seem to be sufficient justification for the permanent and temporary habitat impacts plus potential additional operational impacts from adding a second road to the site. We recommend an alternatives analysis that uses the existing structure to support 5020 Nighthawk Way - Oceanside, CA 92056 www.preservecalavera.org Nonprofit 501(c)3 ID#33-09555G4 Where opportunities arise, restore and enhance habitat in preserved areas; Habitat adjacent to the lagoons will be preserved to the maximum extent possible.": The MND needs to specifically address how the proposed plan is in compliance with all of these avoidance measures- particularly the 100' setback and preserving habitat adjacent to the lagoons to the maximum extent possible. This facility has operated for years with a single road. Much more justification is needed to support adding a second road and more paving in this highly sensitive area. - Project not in compliance with coastal zone requirements Item 7-8 of the HMP says that impacts to CSS "shall be located to minimize impacts to Coastal sage. Scrub and maximize protection of the Coastal California gnatcatcher and its habitat." Clearly there are alternatives to reduce the impacts to CSS in the coastal zone- like realigning the bridge up to the already disturbed area, reducing the size of the bridge or eliminating expansion of the bridge completely. - Mitigation as proposed does not best preserve the habitat functions The mitigation proposed retains the mitigation in the coastal zone and near the area of impact, at a 2:1 ratio. This meets the letter of the requirements- but fails to meet the intent. Replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The NNG mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AH Watershed Management Plan. The city should evaluate these areas for mitigation for impacts around the lagoon as a first choice- before going miles away. Clearly it costs less to use the Lake Calavera area- but it provides no direct benefit to the lagoon- and that is the area that is being impacted. Potential indirect impacts on future smart growth projects The project is intended to provide sufficient capacity to meet build out of the city- based on thfe existing approved General Plan. While the city has a Growth Management Plan in place that sets a limit on growth by quadrant -the exact nature of this growth and where it could be located has some flexibility. Has this project adequately sized this facility so that it can accommodate future growth- including that included on the SANDAG smart growth map ? Sizing it to meet these anticipated changes will assure that these impacts do not occur again in a few years. the pipes , or makes the minimal changes necessary to the existing structure to support the proposed pipe expansion. ?l^V'RO;'i;-i In addition the MND should consider the indirect and cumulative impacts of adding a<biiidge3arid.the resultant potential for increased traffic to this relatively undisturbed area. ••'. •-'•' ;' J (;'. .'.'• "'; ~V '! VT; _";• T'"':;^ . Exce's'sMrhpervious cover It appears that a large amount of the increased impermeable cover is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway should result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedjonda sub-watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in CWN Watershed Management Plan). Increasing impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. - Compliance with HMP and other wetlands protection requirements While the project does not cause direct impacts to wetlands, there are three sensitive bird species present in the adjacent wetlands: Blue heron, Elegant tern, and Brown Pelican; and one upland bird species CA Coastal Gnatcatcher(CCG). The BIO mitigation measures properly considered this as occupied CSS. But the BIO measures do not adequately address all of the other species specific requirements included in the HMP. HMP Table 9 includes specific species level conservation goals for the Brown Pelican and Elegant Tern at Agua Hedionda Lagoon. The avoidance/minimization measures for the Brown Pelican include: - "Manage preserve areas to minimize contamination by pesticides, oil and other pollutants; - reduce disturbance at important foraging and roosting areas, - and maintain lagoon hydrology and water quality (e.g. 100 foot setback from existing wetland habitats." Additional requirements for the Elegant Tern include: - "Manage preserved areas to minimize edge effects, control non-native plants, maintain hydrology and water quality, protect habitats from physical disturbances, control predators, and maintain vegetation to provide optimal conditions for breeding. 3/3 - Sewage spill warning systems The recent sewer spill that effected Buena Vista Lagoon was made worse by not being detected in a timely manner. One of the recommendations we made to the RWQCB in response to this was to include better pipeline/sewer system failure warning systems. The MND mentioned a single daily site inspection. Please describe how this project will address pipeline monitoring including sensors and turn-offs that would limit the damage from any future pipeline or other system failures. We look forward to working with you to assure that all of these issues are addressed before this project moves forward. Thank you for considering these comments. Sincerely, Diane Nygaard Preserve Calavera Cc: Janet Stuckrath USFWS, David Lawhead DFG, Michael Porter RWQCB (.. <„ 1 "V CARLSBAD Planning Division www.carlsbadca.gov September 23, 2010 Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE REPLACEMENT - POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10- 02/HMP 10-03 Dear Ms. Nygaard: Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Agua Hedionda Sewer Lift Station and Gravity and Force Main project (SCH No. 2010081053). This response letter was written to address your comment letter dated August 31, 2010. Each comment from your letter is shown in italics, followed by the City's response. Comment: Bridge to provide second roadway access. Currently there is a very simple structure to support pipes. The project proposes to replace this with a much more substantial bridge that.would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, ft would cause significant direct habitat impacts. We think it could also cause additional indirect impacts associated with vehicle traffic and other use of this bridge in an area that previously would be very undisturbed. The MND indicates that only one daily vehicle trip to the site is anticipated^ for inspection and 'perio3ic~aclditicrnai'trips for maintenance. 'Since ffiere alreacly~isa~n 'accessWad that~can easily accommodate this very low level of use there does not seem to be sufficient justification for the -peWRment-atid^temporary-fa adding a second road to the site. We recommend an alternatives analysis that uses the existing structure to support the pipes, or makes the minimal changes necessary to the existing structure to support the proposed pipe expansion. Response: The existing trestle bridge structure has been analyzed as an alternative to the installation of the new proposed bridge. From a functional standpoint, the structure is aged and in generally poor condition from decades of weathering. Efficient repair and upgrade of this existing bridge for long-term pipe support would necessitate the replacement of the deteriorated support pilings and horizontal members, and as such, would effectively result in replacement of all bridge materials. Furthermore, the existing sewer pipe is 42-inches in diameter, and it will be replaced by a 54-inch diameter pipe. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © POP 00-02(C)/SP 144(L)/Rr- 10-26/CDP 10-17/HDP 10-05/SUP 1(K,d/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Paoe 2 . ._ Utilizing the existing 42-inch pipeline alignment would require construction of a temporary by- pass sewer pipe and structure to cross the lagoon during the implementation of structural improvements of the existing sewer bridge. The direct impacts to the surrounding area would. effectively be identical to the proposed new structure. Furthermore, the existing bridge design is inadequate to hold the additional weight associated with the larger pipe. As mentioned in the MND, this larger pipe is necessary in order to provide the necessary capacity for future anticipated build-out demand of the service area, as identified in the City of Carlsbad Sewer Master Plan, dated March 2003. In addition, from an environmental standpoint, the existing bridge structure contains eight (8) narrow bridge support/pilings which presently are located within the lagoon. This channel is the most environmentally sensitive segment of the project construction area. These support/pilings —are-:14=inches4n^iameter^iMl-seUn^ below the mud line on the bottom of the channel. The proposed new replacement bridge will be supported by concrete bridge abutments located on dry land on each side of the channel. With a horizontal clear span of 140-feet, the new bridge will span the entire width of the channel. Therefore, the existing in-channel obstructions will be eliminated by the full-span bridge. This design will have a positive effect on the hydrology and biology of the channel. The suggested alternative of repairing the existing weathered pilings would require significant construction and replacement work within the channel waters and on the channel bottom, including pile driving and/or excavation. The new bridge renders this work in the channel unnecessary. The inclusion of the maintenance vehicle access drive in the bridge design does not result in any additional biological impacts. The accommodation of maintenance access across the - -bridge will result in greater efficiency of maintenance, and swifter response to any emergency that may arise at the lift station, and does not result in substantive expansion of the bridge width. In addition, multi-use of the bridge structure is a sensible and cost effective use of this public utility structure. Comment: In addition the MND should consider the indirect and cumulative impacts of adding a bridge and the resultant potential for increased traffic to this relatively undisturbed area. Response: No significant increase in traffic to the relatively undisturbed lift station area will result from the inclusion of a gated and locked maintenance drive across the proposed channel bridge. Vehicular trips across this bridge are estimated at 2 average daily trips (ADTs). This 2 ADT's estimate is based on the anticipated per day maintenance vehicle visit to and from the lift station. Such level of ADT is considered de minimus for CEQA purposes, and will not result in any significant direct, indirect or cumulative traffic impacts. Primary access will continue to go through the Encina Power Plant site. Comment: Excess impervious cover. It appears that a large amount of the increased impermeable cover is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway should result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedionda sub-watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in OWN Watershed Management Plan). Increasing C • (PDF 00-02(C)/SP 144{L)/RF ,0-26/CDP 10-17/HDP 10-05/SUP 10-Oo/HMP 10-03-AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page3 - impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. Response: The proposed lift station and related driveways will increase impervious cover from 20,434 square feet (existing lift station is 8,670 square feet and the existing overflow basin is 11,764 square feet) to 55,390 square feet. However, as indicated in the MND, the new lift station will include a number of site design water quality Best Management Practices (BMPs) which will serve to ensure that this increase in impervious cover will not negatively impact the watershed. These BMPs include treating runoff from the site through: 1) routing drainage into pervious vegetated or rock swales; 2) designing with catch basin structures with filter media inserts; 3) inclusion of pervious ground surface materials; 4) situating an infiltration basin at the low end of the site to treat project runoff; and 5) hydroseeding the area where the overflow basin is with a native seed mixture. All of these features serve to allow the natural filtering ability of the soil, to remove pollutants from runoff prior to exiting the project area. The existing facility does not have these runoff treatment features. Some increase in impervious area will result from the proposed project; however, the project design incorporates sufficient BMPs which will mitigate any potential for increase in impacts on the natural functions of the lagoon and watershed. Therefore, the implementation of the project will not cause a decline to the watershed. Comment: Compliance with HMP and other wetlands protection requirements. While the project does not cause direct impacts to wetlands, there are three sensitive bird species present in the adjacent wetlands; Blue Heron, Elegant Tern, and Brown Pelican; and one upland bird species CA Coastal Gnatcatcher (CCG). The BIO mitigation measures properly considered this as occupied CSS. But the BIO measures do not adequately address all of the other species specific requirements included in the HMP. HMP Table 9 includes specific species level conservation goals for the Brown Pelican and Elegant Tern at Agua Hedionda Lagoon. The avoidance/minimization measures for the Brown Pelican include: • Manage preserved areas to minimize contamination by pesticides, oil and other pollutants; reduce disturbance at important foraging and roosting areas, and maintain lagoon hydrology and water quality (e.g. 100 foot setback from existing wetlands habitats). Additional requirements for the Elegant Tern include: • Manage preserved areas to minimize edge effects, control non-native plants, maintain hydrology and water quality, protect habitats from physical disturbances, control predators, and maintain vegetation to provide optimal conditions for breeding. • Where opportunities arise, restore and enhance habitat in preserved areas; • Habitat adjacent to the lagoons will be preserved to the maximum extent possible. The MND needs to specifically address how the proposed plan is in compliance with all of these avoidance measures - particularly the 100' setback and preserving habitat adjacent to the lagoons to the maximum extent possible. This facility has operated for years with a single road. Much more justification is needed to support adding.a second road and more paving in this highly sensitive area. 3i7 PDF 00-02(C)/SP 144(L)/R.- 10-26/CDP 10-17/HDP 10-05/SUP 10^ j/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 4 Response: The proposed project does not result in any direct impacts to wetland habitats. As such, the HMP does not require that avoidance/minimization measures of Table 9 be specifically addressed because the habitat is avoided. However, the MND does conclude on page 42 that the project may have the potential for indirect impacts on nesting or breeding birds in the adjacent Agua Hedionda Lagoon wetland habitat because of impacts resulting from temporary, construction-related noise. Listed birds not identified on or near the site, but potentially impacted by indirect impacts, include the birds you listed. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from January 15 to September 15 of any year. Thus, the MND concludes that if project construction is contemplated during this time, the project would need to implement Mitigation -Measure BIO-5, which will ensure that noise impacts do not adversely impact nesting birds. In addition to avoiding direct impacts to the wetlands, the project minimizes edge effects on the wetlands as required by the HMP. Project features which have been included to minimize the edge effects are: 1) fencing around the lift station site; 2) water quality BMPs; and 3) revegetation of upland habitats on or near the impact location. These project features are consistent with the recommendation of the HMP. Furthermore, the project will maintain a 100-foot setback in all cases except for the proposed bridge across the Agua Hedionda Lagoon channel. This bridge structure however, is "location dependent" because no feasible alternative location exists for the bridge and by definition the sewer line must cross the channel wetlands. Further, the bridge will replace an existing deteriorating-pipe support bridge which will be removed. Discussions-of these -aspects of the project are included in the MND. Justification for the maintenance road and increase in paving has. been addressed in responses • above:-With-the-design of the project-and with the inclusion of the Biology Mitigation Measures listed in the MND, the indirect project impacts to federal and/or state listed species will be fully mitigated. Comment: Project not in compliance with coastal zone requirements. Item 7-8 of the HMP says that impacts to CSS shall be located to minimize impact to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. Clearly there are alternatives to reduce the impacts to CSS in the coastal zone - like realigning the bridge up to the already disturbed area, reducing the size of the bridge or eliminating the expansion of the bridge completely. Response: The project has been designed to execute the project goals while minimizing impacts on CSS and other sensitive habitats. Total impacts to CSS are limited to 0.05 acres of permanent and 0.04 acres of temporary impacts. As indicated in the MND, these minimal impacts will be fully mitigated. Realignment of the 54-inch sewer trunk main in order to avoid a very small area of CSS located at the south bridge abutment would result in unnecessary turning/angling of the line. This turning/angling would not only result in increased costs devoted to longer bridge construction, etc., but also would add interior surface friction and resulting operational and maintenance costs. Reducing the size of the bridge in the same proposed location will not avoid this small area of CSS, and eliminating the bridge is not feasible. Using the existing trestle bridge is not recommended for the reasons stated above. i • (PDF 00-02(C)/SP 144(L)/RMO-26/CDP 10-17/HDP 10-05/SUP 10-Qo/HMP 10-03-AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 5 Comment: Mitigation as proposed does not best preserve the habitat functions. The mitigation proposed retains the mitigation in the coastal zone and near the area of impact, at a 2:1 ratio. This meets the letter of the requirements - but fails to meet the intent. Replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The NNG mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AH Watershed Management Plan. The city should evaluate these areas for mitigation for impacts around the lagoon as a first choice - before going miles away. Clearly it costs less to use the Lake Calavera area - but it provides no direct benefit to the lagoon - and that is the area that is being impacted. Response: One of the key objectives of the HMP was permitting for city public facility projects mandated by the city's Growth Management Plan. Both the HMP and the HMP Implementing Agreement between the USFWS, CDFG and the City established the Lake Calavera Mitigation Parcel for biological mitigation of public works projects that the City undertakes. Appendix B-3 of the HMP specifically lists the Agua Hedionda Sewer Lift Station project as a project to be covered by Lake Calavera mitigation credits. Not only is it a cost-effective means by which biological mitigation can be achieved, it is appropriate for the city to mitigate at Lake Calavera because a fundamental objective of the HMP is to build the citywide preserve system by combining small mitigation requirements into a larger, contiguous area. Comment: Potential indirect impacts on future smart growth projects. The project is intended Jo^ provide suffj^cierttj^pacity_tojnee^buildoutofthe city_- based on the existing approved General Plan. While the city has a GrowttrManagementPlan\~'ih< place'thai seis'a limit on growth by quadrant - the exact nature of this growth and where it could be located has some flexibility. Has this project adequately sized this facility so that it can accommodate future growth - including that included on the SANDAG smart growth map? Sizing it to meet these anticipated changes will assure that these impacts do not occur again in a few years. Response: The project has been designed to accommodate future sewer demand at buildout as anticipated by the approved General Plans for cities within the service area with an additional allowance for wet weather flows. It is anticipated that future capacity will become available as Vista ^nd Carlsbad reduce wet weather inflows into the system. Additionally, wastewater flows per capita are anticipated to decline in future years as customers continue to conserve water and implement water saving devices and appliances. Comment: Sewage spill warning systems. The recent sewer spill that affected Buena Vista Lagoon was made worse by not being detected in a timely manner. One of the recommendations we made to the RWQCB in response to this was to include better pipeline/sewer system failure warning systems. The MND mentioned a single daily site inspection. Please describe how this project will address pipeline monitoring including sensors and turn-offs that would limit the damage from any future pipeline or other system failures. Response: The lift station is equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional < i PDF 00-02(C)/SP 144(L)/R>- 10-26/CDP 10-17/HDP 10-05/SUP 10-bd/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 PageS blackout, emergency power will be provided by a built-in, onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all lift station facilities. The generator has the capacity to store enough fuel for 24 hours of operation. In addition, the lift station includes two independent pumping elements providing mechanical redundancy, ensuring that equipment failures do not result in sewage spills. In the event that a total mechanical failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions. Furthermore, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plan to reduce flow into the station (upstream lift stations contain storage volume) if an emergency were to occur. The upstream pipe also contains a significant amount of passive storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. -^ of high-density polyethylene which is resistant to both internal and external corrosion. Thank you again for your comments. Sincerely, PAM DREW Associate Planner ~PD:bd —— c: Terry Smith, Senior Civil Engineer File Copy - - - LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 San oiego/ CA 92101 LUCE, FORWARD, MAMMON & SCBIPPS iu> &19.236.1414 www.luce.com RONALD W. ROUSE, PARTNER • -0\»*. O » * > DIRECT DIAL NUMBER 619.699.2572 DIRECT FAX NUMBER 619.235.1338EMAIL ADDRESS rrouse@luce.com CiTY ATTORNEY March 7, 2011 "" ' FOR THE INFORMATION OF THE CITY COUNCIL C-C- HAND-DELIVERED Mayor Hall and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: City Council/Redevelopment Commission Agenda March 8, 2011 Item #14 (Agenda Bill #20,478) NRG Energy, Inc. and Cabrillo Power I LLC Objections to Approval of Agua Hedionda Sewer Lift Station and Sewer/Water Pipelines/Facilities Dear Mayor Hall and Council Members/Commissioners: We are special counsel to NRG Energy, Inc. and Cabrillo Power I LLC (collectively "NRG") and submit the following objections on their behalf to the City's proposed approval of the multiple Agua Hedionda Sewer Lift Station and associated Sewer/Water pipelines and facilities identified in the above referenced Agenda Bill #20,478 (collectively the "Project"). Cabrillo Power I LLC is the owner/operator of the existing Encina Power Station ("EPS") and NRG Energy, Inc., its parent company, is processing the Carlsbad Energy Center Project ("CECP") Application for Certification before the California Energy Commission ("Energy Commission") on a portion of the EPS site between the railroad tracks and Interstate 5. The original and ten copies of this letter are being filed directly with the City Clerk; we ask that the original be incorporated into the administrative record -and the copies be timely distributed to all Council Members/Commissioners, City Attorney and City Manager. A courtesy copy has been emailed directly to the City Attorney. A. Overview. The CECP is a modern, environmentally beneficial and efficient natural gas fired combined cycle electrical generating facility that will result in the permanent shut down/replacement of three of the five existing, older EPS generating units realizing reduction of ocean water for "once through" cooling purposes and significant reductions in air pollutants/greenhouse gas emissions compared to existing EPS electrical generation. The CECP is fully consistent with the long SAN DIEGO • SAN FRANCISCO • Los ANGELES - CARMEL VALLEY/DEL MAR • ORANGE COUNTY * RANCHO SANTA Ft LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCHIPPS UP Mayor Hall and City Council Members March 7,2011 . Page 2 standing goal of the City, and NRG, for eventual retirement of the older EPS facilities west of the railroad tracks and replacement with a physically smaller, more efficient and cleaner generating facility between the railroad tracks and Interstate 5. The CECP is fully consistent with and implements the State Water Resources Control Board's 316(b) Policy to phase out use of once through ocean water cooling for electrical generation in favor of a closed loop cooling alternative. The City's Project facilities are proposed to be located on the EPS property and encroach into the CECP area, which property is under the exclusive jurisdiction of the Energy Commission as part of the CECP process. Notwithstanding the obvious CECP benefits, the City has been a zealous opponent/participant throughout the CECP process before the Energy Commission and related governmental agencies, reportedly having spent hi excess of $1.5 Million1 in public funds to date to oppose the CECP, yet the City completely fails to evaluate its proposed Project's significant, adverse impacts and inconsistencies with the CECP and existing EPS operations. Further, the City's process to date and purported reliance on a mitigated negative declaration ("MND") is not consistent with the legal requirements of the California Environmental Quality Act ("CEQA"). It appears the City is proposing to proceed with its Project without regard to the CECP and other legitimate property owner rights as a continuation of the City's all out effort to block or otherwise interfere with the CECP. We hereby incorporate by reference the record of the CECP proceedings before the Energy Commission available at http://www.energy.ca.gov/sitingcases/carlsbad/index.html (in particular, the documents at http://www.energv.ca.gov/sitingcases/carlsbad/documents/index.html) as evidence of the City's familiarity with and active opposition to the CECP project. B; City Failure to Provide Legally Adequate Notice to Landowner. Under the City's pwn ordinances and State Planning and Zoning Law, as the landowner, NRG was to receive actual written notice of the Planning Commission hearings and proceedings at least ten (10) days prior to the February 2, 2011 Planning Commission hearings. (See Gov't Code Sec 65091 and Carlsbad Municipal Code Sec. 21.54). Further under CEQA, NRG should have received actual written notice of the City's intention to rely on a mitigated negative declaration and was to specifically include notification of the applicable comment period and details regarding the public hearings to consider the Project. (See CEQA guidelines Sec. 15072). 1 See attached Agenda Bill #20,216 dated April 27, 2010 stating: "Since 2008, the City of Carlsbad has approved and funded through the City's General Fund $1.5 million to pay for costs related to all legal and other related actions to respond to, and/or establish opposition to, the application submitted to the California Energy Commission by NRG for a new power plant..." , LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMILTON & SCSIPPS up Mayor Hall and City Council Members March 7,2011 PageS NRG believes the required notices were never provided in accordance with applicable law because under well established California case law, due process requires that notice must be "...reasonably calculated to afford affected persons the realistic opportunity to protect;its interests." (See Horn v. County of Ventura (1979) 24 Cal.3d 605). ClearlyTthe City has known of the impacts of its Projects on NRG for years as evidenced by the multi-year Energy Commission CECP process started in September, 2007, the week long Energy Commission Evidentiary Hearings February 1-4, 2010 in Carlsbad, and periodic meetings/discussions (most recently in January, 2010) regarding the design/location of the sewer lift station and single sewer pipeline replacement and potential incompatibility of these facilities with the CECP. Yet, the City failed to meaningfully notify NRG of the proposed MND or the subsequent Planning Commission hearings as required by law. Given these circumstances, it is clear the City has failed to provide the legally required actual written notices to NRG of the entire Project, all the while its staff was engaged in extensive engineering, design and environmental evaluation of a range of facilities it knew would have further significant, adverse impacts on NRG ownership and operation of the EPS and CECP. C. City's Project Design and Engineering Incompatibilities. The City's Project includes the design of a new lagoon utilities bridge to accommodate the future extension of the Coastal Rail Trail along the east side of the railroad tracks through the EPS (see Planning Commission Staff Report at p.2), a location that is well known to the City as incompatible with the CECP and unacceptable to the Energy Commission Staff and NRG, NRG is prepared to accommodate the Coastal Rail Trail in a location that is "mutually acceptable" to both the City and NRG, but the proposed Coastal Rail Trail along the sewer support bridge continuing easterly of the railroad tracks is unacceptable for reasons that have been fully vetted through the Energy Commission proceedings. Further, the scope of the Project as presented to the Planning Commission far exceeds anything previously discussed with NRG. The Project is not simply a sewer lift station replacement and sewer force main replacement, but includes several additional pipelines and facilities, including: (1) a new "utilities bridge" over the lagoon (Note: Cabrillo Power I LLC owns fee title to the lagoon and its dredging/maintenance is a vital part of the EPS operations); (2) leaving the old 42 inch sewer line in place south of the lift station as a "parallel" line to the new force main; (3) new 54 inch sewer line north and south of the lift station; (4) a new pressurized 12 inch recycled water line from Encina Wastewater Treatment Facility ("EWTF") through the EPS even while the City claims recycled water is not available for CECP; (5) a new 6 inch potable water line through EPS; (6) a possible relocation of SDG&E natural gas line; and (7) substantially widening the existing limited 17.5 foot wide easement to 30 feet wide to accommodate the additional facilities. LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWASO, HAMILTON & SCRIPPS UP Mayor Hall and City Council Members March 7,2011 Page 4 The following list is intended to illustrate some of the unresolved issues regarding the ultimate design, engineering, construction timing, operational constraints and scope of the Project. Without definitive answers to these questions, the Project's actual environmental and EPS/CECP project impacts cannot be realistically evaluated. The Project, as proposed, lacks adequate details and specifics to support CEQA and Energy Commission CECP compatibility analysis. 1. Contrary to the details previously discussed with NRG, the Project is much more extensive, wider and involves multiple pipelines in the CECP area, representing much greater impacts to the CECP. 2. Proposed alignment of Coastal Rail Trail easterly of railroad tracks across the CECP area is not acceptable to NRG nor to Energy Commission Staff; the projected alignment is inconsistent with prior discussions/schematics prepared by City to avoid CECP/EPS operational interference. 3. City Project does not accommodate joint use of surface area for CECP heavy haul, surface access and ongoing power plant operations during CECP construction and subsequent operations ofEPS/CECP. 4. City Project footprint conflicts with "construction lay down areas" long planned for CECP, new natural gas transmission line service extension to CECP and the existing and proposed storm water management facilities. 5. City has failed to indicate where its Project electrical power supply will be located and possible interference of Project electrical service with EPS/CECP construction/operation. 6. Project proposes significant new, additional pipelines in an existing "utility congested area", including the existing sewer line, SDG&E gas transmission line, overhead electrical lines, Poseidon desalination product water lines, railroad right of way and SDG&E substation facilities. 7. Project design fails to identify construction lay down areas for lift station/pipelines and access routes, both temporary (during construction) and permanent. 8. Project construction scheduling is unclear and potentially will interfere with other construction projects, including CECP, Poseidon desalination and adjacent SDG&E electrical distribution facilities and easements. 9. No provision is made for the vacation of the current lift station/single sewer pipeline easement presently vested in Vista Sanitation District and City of Carlsbad. 10. City Project removes existing mature vegetation/trees visual impact mitigation for CECP/EPS. LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMILTON & SCRIPPS LL? Mayor Hall and City Council Members March 7,2011 Page 5 D. The Proposed MND is Inadequate, Incomplete and Insufficient to Comply with the Requirements of CEQA. 1. EIR Required. The City's reliance on a mitigated negative declaration for CEQA compliance is unsupportable. CEQA requires preparation of an environmental impact report ("EIR") whenever there is a "fair argument" that a project may have a significant unmitigated effect on the environment. (CEQA Guideline, § 15064(f)(l).) As set forth below, there is a "fair argument" that the Project will have significant environmental impacts. Even if that were not the case, the MND is inadequate in that it fails to fully analyze all of the Project's potentially significant environmental impacts and also relies on mitigation measures that will not avoid the identified significant environmental impacts. Therefore, there is a reasonable probability that implementation of this Project, will have significant immitigable adverse impacts on the environment. An EIR must be prepared to more fully analyze and disclose the Project's environmental impacts, 2. Project Description/Project Splitting. The Coastal Rail Trail alignment needs to be analyzed as part of the project description in an EIR. CEQA defines a "project" to include the "whole of an action" that may result in a direct or reasonably foreseeable indirect impact on the environment. (CEQA Guidelines, § 15378(a); Save Tara v. City of West Hollywood (2008) 45 Cal.4th H6, 139 [CEQA review required before agency, as a practical matter, may commit itself to any feature of a project].) The City is careful not to call the Coastal Rail Trail alignment part of the "Project" saying that the Project will only accommodate "a future pedestrian trail." However, the City has made clear though its participation in Energy Commission and related proceedings that it intends to locate the Coastal Rail Trail east of the railroad tracks, even though the Energy Commission Staff determined that such location is inappropriate and potentially hazardous to the public safety. Nevertheless, the City notes that constructing the Coastal Rail Trail as part of this Project will implement the South Carlsbad Coastal Redevelopment Plan ("SCCRP") goal of "developing new beach and coastal recreational opportunities." (Staff Report, pp. 2, 8-9.) Under the circumstances, it is reasonably foreseeable that with approval of this Project, the City will seek to make this the east side of the tracks the actual location of the rail trail. Therefore, the failure to analyze the Coastal Rail Trail as an element of the Project constitutes "project splitting" hi violation of CEQA. An EIR needs to be prepared that analyzes, among other things, the environmental impacts of having the public pass upon the trail route (e.g., trampling on nearby sensitive vegetation, littering into the lagoon, safety risks associated with people passing nearby the power plant, etc...). The MND also notes that "overhead electrical distribution facilities will be relocated as needed" as part of the Project. (MND, p. 17.) Yet, there is no analysis of which overhead facilities might be relocated, where or how these facilities might be relocated or the environmental impacts associated with that possible relocation. Lastly, the MND states that the sewer support bridge LUCE FORWARD ATTORNEYSATUW • FOUNDED 1873 LUCE, FORWARD, HAUIUON & SCRIPPS iu> Mayor Hall and City Council Members March 7,2014 Page 6 will not require any work to occur within the 100-year flood elevation. The bridge construction methodology, however, is not described and there is no other evidence supporting the City's claim that a bridge can be constructed over the lagoon without impacting sensitive lagoon resources. Similarly, the MND does not describe how the existing bridge can be removed without impacting the lagoon environment itself. All of these issues need to be further described and analyzed in an EIR. 3. Environmental Setting—Surrounding Land Uses. The MND does not adequately describe the surrounding land uses, in particular the Project's proximity to the EPS and the potential conflicts between the construction and operation of the Project, operation of the EPS and proposed construction and operation of the CECP. For example, the MND acknowledges that substantial grading/construction activities will occur on property owned by Cabrillo Power I LLC in connection with the sewer lift station, but there is no discussion of how to coordinate that construction with CECP construction, the risks of having Costal Rail Trail users in close proximity to EPS/CECP facilities, how the Project may impact NRG's use of the Project site as a heavy haul road, the risk of foundation failures created by placing new pipelines adjacent to existing electrical buildings and related construction injury risks. The MND does not fully disclose that substantially expanded easements will be required over EPS/CECP Property. (See also, Section C. above for more details regarding the design/construction incompatibilities.) 4. Aesthetics. MND fails to substantiate how removal of 12 mature eucalyptus trees for the new lift station will have a less than significant impact on views and no mitigation measures are identified to replace the mature trees. With no analysis of this issue, there certainly is a fair argument that removing these trees will have a substantial impact on aesthetics. 5. Air Quality. There are substantial problems with the Project's air quality analysis, including: • Export. The MND discloses that 77,000 cubic yards of soil/gravel will be graded or trenched and 31,000 cubic yards will be exported to an "acceptable offsite location", assumed to be 30 miles away. The MND fails, however, to substantiate these assumptions which are key to the MND's conclusions. A revised CEQA document must be prepared identifying where the export likely is to be taken and the associated traffic/pollution impacts of the export hauling. The MND also fails to- analyze the export soil's condition and discuss measures that will be implemented to ensure the export will be free of any hazardous materials. In the absence of these details, a fair argument exists that the Project will have significant air quality and perhaps hazardous materials impacts. • Ozone. The San Diego Air Basin is in a Federal and State non-attainment area for the 8-hour ozone (O3) standard, yet there is no analysis of the City Project's 327 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMHJON & SCRIPPS LU> Mayor Hall and City Council Members March 7,2011 Page 7 ozone contributions and impacts. (MND, pp. 35, 37.) One of the key precursors to the formation of ozone is NOx. As shown on Table 2 of the MND, the City Project will exceed the San Diego County APCD's threshold emission limit of significance for CEQA analysis of 250 pounds/day of NOx emissions (Project related construction emission of NOx are shown as 254.46 pounds/day and Table 2 of the MND notes this is a significant impact). As the San Diego Air Basin is in Federal and State non-attainment zones for the 8-hour ozone standard, and as NOx is one of the precursors for ozone, the Project will have a significant impact related to ozone generation. Additionally, the Project's emission of NOx and ROG all contribute to ozone formation in an ozone non-attainment area (the U.S. Environmental Protection Agency and California Air Resources Board define NOx and ROG as ozone precursors). An EIR disclosing and analyzing these ozone related impacts needs to be prepared before the Project can be approved. The MND's analysis of cumulative ozone impacts is also flawed. The MND concludes the Project will not have a significant cumulative impact because the Project has only a "marginal temporary increase in NOx... air quality would be essentially the same whether or not the proposed project is implemented." CEQA does not permit unsubstantiated reliance on such a "de minimus" finding. Instead, a new CEQA document must be prepared that includes an actual and specific analysis of cumulative air quality impacts. Further, the MND fails to provide substantive facts to substantiate its "de minimus" conclusion. Mitigation Measure AQ-1. The MND states incorrectly that the Project's significant emission of NOx can be mitigated with the inclusion of Mitigation Measure AQ-1. This mitigation measure requires observance of manufacturer's specifications for the proper maintenance of construction equipment and reduction in idling time. The MND fails to recognize that compliance with these practices is already assumed in the APCD's determination of emissions for construction activities. However, observance of construction equipment specifications is standard practice and are not capable of reducing the Project's NOx emissions below the APCD's significance threshold resulting in cummulative contribution to the continuing unmitigated exceedance of Federal and State 8-hour ozone standards. Accordingly, implementation of Mitigation Measure AQ-1 cannot be relied upon to reduce the emissions of NOx to less than significance. Sensitive Receptors. The MND analysis fails to acknowledge that the adjacent YMCA aquatic recreation area and Coastal Rail Trail may place sensitive receptors in close proximity to the Project (MND, pp. 37-38.) In the absence of LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMILTON & SCRIPPS n.f Mayor Hall and City Council Members March 7,2011 PageS this analysis, a fair argument exists that approval of the Project would have an adverse impact on the environment • Odors. Air scrubbers and carbon filters are relied upon to control odors. Maintenance of these features should be required as a mitigation measure and included in the MMRP. (MND, p. 38.) Further, there is no evidence demonstrating that air scrubbers and carbon filters will effectively control noxious odors created by the Proj ect. 6. Cultural Resources. Mitigation CUL-1 states "if significant resources are encountered, appropriate mitigation measures must be developed and implemented." This unlawfully defers development of adequate mitigation measures, which is particularly troubling here because at least two archeologicai sites are known to exist near the Project site. (MND, p. 51.) In the absence of adequate mitigation measures, approval of the Project does not avoid significant environmental impacts and therefore an MND is inappropriate. 7. Geology. • The MND fails to analyze the potential adverse impacts to the adjacent planned uses, such as the CECP. In particular, there should be an analysis of the depth and strength of the pipeline construction and measures ensuring that construction and operation of pipelines will interfere with planned surface heavy haul and EPS/CECP operations. » The MND fails to analyze the potential adverse impacts to the existing facilities. For example, the Project proposes to construct new pipelines adjacent to existing electrical buildings, which presents a potential risk of foundation failures. The safety risk of installing pipelines adjacent to and crossing under the existing high voltage wires should also be analyzed. 8. Greenhouse Passes. The threshold of significance relied on in the MND is vague as it does not indicate what level of emissions might result in a direct or indirect significant impact. The analysis also fails to "make a good faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse emissions resulting from [the] project" as required by CEQA Guidelines section 150644(a). The City did not even attempt to engage in the qualitative or quantitative analysis required by the CEQA Guidelines. Instead, the MND concludes simply that emissions will be relatively minor and incrementally insignificant. CEQA does not permit the City to conclude that the Project will not have a significant environmental impact simply because its contribution will be "small" or "de minimus". (Communities for a Better Env't v. California Resources Agency (2002) 103 ^"1 98, 126.) The MND provides no evidence, let alone substantial evidence, to LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMILTON & SCRIPPS LLP Mayor Hall and City Council Members March 7,2011 Page 9 demonstrate that the Project will not have a significant impact on greenhouse gas emissions. As such, it fails to meet the requirements of CEQA. The critically important issue of greenhouse gas emissions needs to be fully analyzed in an EIR. 9. Hazards. • The MND fails to analyze the impacts resulting from a potential failure/collapse of the new single span bridge carrying sewer and other utility lines over the lagoon or the impacts of potential lift station/pipeline leaks. • The MND fails to analyze the potential adverse impacts to the existing facilities, such as the safety risk of installing pipelines adjacent to and crossing the existing high voltage wires or having pedestrians along the Coastal Rail Trail in close proximity to the EPS/CECP. 10. Hydrology/Water Quality. The MND fails to identify measures that will be implemented to reduce or eliminate the possibility of a sewer spill into the adjacent wetlands or lagoon. Instead, the MND defers development of such measures until the construction phase. (MND, p. 66.) It is reasonably foreseeable that replacement of the existing sewer line could result in a spill which would damage sensitive environmental resources. As such, development of mitigation measures to prevent such a spill, and to prevent damage in the event of a spill, needs to be developed and publicly vetted as part of an EIR for the Project. 11. Recreation. There is no analysis of the physical impacts associated with having people use the coastal rail trail (see above) and bringing public recreation users within the perimeter of the power plant and lagoon. As discussed above, such an analysis is required under CEQA. 12. Cumulative Impacts. The cumulative impact analysis is conclusory and wholly inadequate. The MND identifies a list of cumulative projects and then concludes its analysis by stating: "It would be expected however, that environmental impacts associated with these development projects, plus the massive sewer CIP,.could be mitigated to level that would be less than significant by means of mitigation measures similar in content to those identified in this Environmental Initial Study." There is no specific analysis of any cumulative impacts nor evidence in the record that supports this conclusion in the MND. In particular, the MND fails with respect to the following: • Aesthetics: There is no analysis of 1-5 widening on aesthetics. The MND acknowledges that the bridge and lift station will be observable from 1-5, but from 330 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & Scums iu> Mayor Hall and City Council Members March7,2011 Page 10 a distance of 1,600 feet away will not significantly contribute to a coastal view obstruction. The MND does not contain any substantive analysis of cumulative impacts on aesthetics from removal of the 12 trees and fails to take into account the proposed CECP project altogether. • Air Quality. As discussed above, there is no specific cumulative air quality analysis considering cumulative ozone and other pollutant impacts, 1-5 widening, and the CECP project. • Greenhouse Gas Emissions. The MND fails to even attempt a cumulative greenhouse gas emissions analysis because emissions are not analyzed in the relevant general plans. CEQA requires the City to perform a good faith analysis of the cumulative impacts. • Recreation. The MND fails to analyze the cumulative impact associated with other segments of the rail trail. • CECP Power Plant Project. The MND acknowledges that "other [cumulative] impacts could result from the NRG Power Plant expansion project inasmuch as that project has not yet been specifically defined." Indeed, the CECP project has been specifically defined and a comprehensive environmental analysis that complies with CEQA has been performed by the California Energy Commission as required by the Warren-Alquist Act. This environmental analysis is set forth in the Energy Commission Preliminary and Final Staff Assessment which the City has actively and aggressively challenged. (See MND, p. 98). Therefore, it is disingenuous and factually inaccurate for the City to say that the NRG Power Plant project has "not been specifically defined." The September, 2007 filing of the CECP Application for Certification makes the CECP a "reasonably foreseeable" project and requires the City to treat the CECP as a reasonably foreseeable project for purposes of analyzing cumulative impacts as part of the CEQA analysis. (See also Section B. above for the City's full awareness of all CECP details as evidenced by the City's involvement in the Energy Commission multi-year certification process.) As detailed above, the MND fails to comply with CEQA as it does not provide an adequate analysis of the Project's significant environmental impact and does not adequately mitigate the Project's significant environmental impacts. Moreover, an EIR, rather than a MND, must be prepared and certified before the Project can be approved by the City because there is a fair argument that the Project will have significant adverse environmental impacts. LUCE FORWARD ATTORNEYS AT LAW • FOUflDEO 1873 LUCE, FORWARD, HAMILTON & SCHIPPS UP Mayor Hall and City Council Members March 7,2011 Page 11 E. Conclusion. Eor all the reasons set forth" above, the City's adoption of the Project is not legally supportable. The MND is inadequate under CEQA, and in fact, a full EIR is required to fairly analyze the significant environmental impacts of the Project, particularly when a realistic evaluation of adjacent "reasonably foreseeable" projects, including CECP, is included. The proposed City Project is far more extensive than the Sewer Lift Station/Force Main replacement previously discussed. The easement widening and additional pipeline/facilities directly and adversely affect the EPS/CECP. Notwithstanding the multi-year Energy Commission proceedings, the City failed to give meaningful, timely notice of the full scope of its Project to the landowner most directly impacted. Respectfully, NRG objects to certification of the MND and approval of the Project as presented until the significant outstanding issues are fully addressed and legally resolved. Ronald W. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS LLP RWR/lb 101454346.4 K1KQPY V CARLSBAD Planning Division www.carlsbadca.gov April 12,2011 LUCE FORWARD Attn: Ronald W. Rouse 600 West Broadway, Suite 2600 San Diego, CA 92101 RE: RESPONSE TO COMMENTS IN A LETTER DATED MARCH 7. 2011 REGARDING CITY COUNCIL AGENDA BILL NO. 20,470 Dear Mr. Rouse: This response letter was written to address your comments to the Carlsbad City Council in a letter dated March 7, 2011. The following are a summary of the substantive points made in yourletter and the city's responses. A. Overview Comment: The city scope of the project is much greater than previously discussed with NRG and the city fails to evaluate its proposed Project's significant, adverse impacts and inconsistencies with the Carlsbad Energy Center Project ("CECP") and existing Encina Power Center ("EPS") operations. Response: The city has a complete record of contacts and discussions with NRG representatives regarding the scope of the project. As requested by the City Council at its March 8, 2011 meeting, this record will be attached to the agenda bill for the April 26, 2011 meeting. Numerous meetings and site visits have been held since 2006 between City of Carlsbad staff and NRG staff. Drawings of the proposed project and its limits have been provided to NRG staff. The city received very little in the way of constructive comments on the plans from NRG staff throughout this period, to the extent that the city did receive constructive comments on the' plans from NRG staff, modifications to the project were made. Frequent turnover of NRG staff assigned to the project contributed to a general lack of coherent communication and recommendations for substantive solutions from NRG staff. The project description in the Mitigated Negative Declaration (MND) is accurate and sufficient for meaningful environmental impact analysis because it includes a clear and thorough explanation of the project, it includes maps depicting the project's location, it includes a statement of the objectives of the project, a description of the project's technical design characteristics, and the environmental setting, the construction methodology and phasing, and a list of the potential environmental impacts. As explained below, the MND adequately analyzes the project's potential environmental impacts and considers its effects on existing EPS operations. Please be advised however, that in an effort to even further clarify and detail the information, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further analysis in regard to the proposed cumulative impacts including the CECP project and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). B. City Provided Legally Adequate Notice to Landowner Comment: The City failed to provide legally adequate notice to the landowner of the noticing of the Mitigated Negative Declaration ("MND") and the Planning Commission hearing. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . © 33V POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HbDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 2 Response: The city complied with CEQA Guidelines § 15072 by providing the notice of intent to adopt the MND to allow the public, responsible agencies, trustee agencies, and the county clerk, sufficient time to review the document prior to its consideration by the city's Planning Commission. The public and agencies were allowed the 30-day review period required under CEQA Guidelines § 15105. The following record provides information on the parties that received a copy of the notice of intent and the 30-day review period for each action. Mitigated Negative Declaration Noticing. The city issued a Notice of Intent to Adopt a MND with a 30-day public review period as follows: • Published in the North County Times on August 17, 2010 (Attached) (August 17, 2010 - September 16, 2010). • Mailed to the San Diego County Clerk (August 16, 2010 - September 21, 2010). • Mailed to the State Clearinghouse (SCH #: 2010081053- August 17, 2010 - September 15, 2010). • Provided a hard copy at the Planning Department counter located at 1635 Faraday Avenue, Carlsbad. • Posted on the city's website (August 17, 2010 -September 16, 2010). Furthermore, the city provided a notification by e-mail to all persons who subscribed to receive a specific notification at the time that an environmental document was available for review. The subscriber could download a copy of the environmental document from a link provided within the e- mail. One subscriber to this service is Tim Hemig, an NRG Energy employee, who has been working with city engineering staff on the proposed sewer lift station project. The city's records show that Mr. Hemig received the e-mail notification on August 13, 2010. Project Noticing. On August 17, 2010 the city posted three, 2-foot by 3-foot, yellow, Notice of Project Application signs with black lettering at three different locations along the 2.35 mile project to inform the public of a pending application for the project and to provide staff contact information (i.e. names, phone numbers, e-mail addresses, etc.). At this date, these three noticing signs are still posted at the following locations: • Posted on a chain-link fence at the western end of Chinquapin Avenue at the northern end of the project. • Posted on a chain-link fence at the entrance to SDG&E's storage yard at the northern end of Avenida Encinas off Cannon Road. • Posted in front of Encina Wastewater Pollution Control Facility (EWPCF) at the southern end of the project on Avenida Encinas. Planning Commission Meeting Noticing. The city provided the Planning Commission public hearing notice pursuant to Carlsbad Municipal Code §21.54 as follows: • Mailed to the San Diego County Clerk of the Board of Supervisors on December 22, 2010. • Published in the North County Times on January 21, 2011 (Attached). • Posted to the city's website. • Posted outside the city council chambers, located at 1200 Carlsbad Village Drive. • Posted outside the city office, located at 1635 Faraday Avenue. • Mailed to owners of property as shown on the latest equalized assessment roll within 600feet, and occupants within 100 feet, of the 2.35 mile long project boundary. Furthermore, the city provided notification by e-mail that is sent out to all persons who subscribed to receive the Planning Commission public hearing agendas. The subscriber could download the Planning Commission agenda from a link provided within the e-mail. Two subscribers to this service POP 00-02(C)/SP 144(L)/Rl .0-26/HDP 10-05/HMP 10-03 - AGUA (-L..-/IONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12, 2011 Page3 are Tim Hemig and Keith Richards, both NRG Energy employees. Mr. Richards subsequently discontinued the e-mail service on February 24, 2011.The city's records show that Mr. Hemig and Mr. Richards received an e-mail notification on January 20, 2011 for the February 2, 2011 Planning Commission meeting. NRG Energy employees George Piantka and Michael Pearson attended the February 2, 2011 Planning Commission meeting and informed Terry Smith, city engineering staff, that NRG did not receive a public notice in the mail for the meeting. Staff immediately conducted research as to why NRG was not notified. The city creates mailing labels for owners within the required 600-foot radius, with the owner name and owner mailing address as provided to the city by SanGIS, the city's consultant, which provides the most recent information from the County Tax Assessor's office. Staff learned that the County Tax Assessor's records identified Cabrillo Power I LLC as the owner of several parcels within the project boundary, however, the parcel information did not contain a mailing address for the company which is why it did not receive notice along with the approximately 750 other property owners who did receive the mailing notice. Staff also learned that the absence of an address is apparently the case for all entities that are exempt from paying County of San Diego property taxes. Also, in a direct response to your oral comments at the City Council hearing on May 8, 2011, the City Council resolved to keep the public hearing open in order to address any new information that may be brought to their attention by NRG Energy between that date and the continued hearing date of April 26, 2011. As explained above, the property owner was provided with legally required notice of the CEQA documents pursuant to CEQA Guideline §15072, and notice of the public hearing in accordance with Carlsbad Municipal Code § 21.54.060. NRG representatives also had actual notice as evidenced by the special e-mailings and their attendance at the Planning Commission hearing. C. Scope of City's Project Design and Engineering Comment: An EIR should be processed for CEQA compliance rather than a Mitigated Negative Declaration ("MND") because the project is greater in scale than that previously discussed with NRG Staff. The project will include a new lagoon utilities bridge to accommodate the future extension of the Coastal Rail Trail ("CRT") along the east side of the railroad tracks, will relocate overhead electrical distribution facilities, recycled and potable water lines, widening the existing easement, and will have much greater impacts to the CECP than discussed in the MND. Response: Pursuant to CEQA Statutes § 21064.5 and CEQA Guidelines § 15064(f)(2), a MND may be prepared when all potentially significant impacts from a project can be mitigated to a level of insignificance as a result of revisions made to the project or agreed to by the applicant before the MND and Initial Study were released to the public. The record shows that this is the case for this project. As a result of the revisions agreed to by the city, the project avoids or mitigates all significant adverse impacts on the environment. As such, in light of the whole record to date, no fair argument exists that the project, as designed, could have a significant effect on the environment. The CRT is not a part of this project. Page 2 of the February 2, 2011, Planning Commission staff report clarifies that, "The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rait Trail, a separate, future project in this area." However, the proposed project has "independent utility" from the CRT, inasmuch as it does not rely in any way on any aspect of the CRT project. And the CRT is not an integral part, nor will it rely on or change the scope or nature of the proposed sewer project in any way. Neither the staff report nor the MND state that the CRT will be located along the east side of the railroad tracks. Nowhere in the MND, the staff report, nor in staff's presentations (February 2, 2011 at the Planning Commission meeting and March 8, 2011 at POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03-AGUA HtDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12, 2011 Page 4 the joint City Council and Housing and Redevelopment Commission meeting) has the alignment of the CRT through the Encinas Power Station ("EPS") been mentioned since it is unknown- and speculative at this time. Furthermore, the bridge portion of the sewer project has simply been designed in a manner in which "it could accommodate the CRT. The CRT could be designed on either the east or west side of the railroad tracks, if and when the project is funded and an alignment determined. However, very preliminary design investigation concludes that the CRT could be more feasible if the trail was located on the east side of the railroad tracks within the sewer pipeline easement. As mentioned however, the alignment has not been determined at this time. _ Your letter alleges that the scope of the project as presented to the Planning Commission far exceeds anything previously discussed with NRG. However, as stated previously, city engineering staff has been working with NRG personnel since 2006 to site the proposed sewer lift station in a location that would minimize impacts to the power plant property. As requested by NRG staff, the new lift station was sited at the most northerly end of the NRG property. A detailed site plan was developed by city staff and presented to Tim Hemig of NRG in a letter dated September 5, 2008. The site plan has not substantially changed in size since this layout was prepared. Additionally, the city initially requested an additional 20-foot wide easement for the proposed 30-inch diameter sewer force main. As the design of the city's project has progressed, city staff agreed to reduce the size of the additional easement from 20-feet wide to 12.5-feet wide in order to minimize potential impacts to the power plant property. With regard to the overhead electrical lines, the relocation of an existing single line to the present sewer lift station is an insignificant aspect of the project construction and no adverse impacts have been identified relative to this line relocation. Per CEQA Guidelines § 15151, the standard of investigation requires only that "a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences" be provided. Further, per CEQA Guidelines § 15151, "An evaluation of the environmental effects of a proposed project need not be exhaustive... This section goes on to state; "The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure." A detailed discussion of the overhead electrical line relocation during construction is not required by CEQA and that the city has made a good faith effort to analyze the significant aspects of the project. Page 4 of your letter lists ten "unresolved issues" regarding the project and its compatibility with the CECP project. The cumulative impact section of the MND (pp. 98-100) does analyze the impact from the proposed project upon the "NRG Power Plant Expansion". This analysis concludes that three environmental issues could occur from the cumulative environmental consequences of the taking of these projects, plus other identified local and CIP projects together, but that these impacts would be expected to be mitigated by mitigation measures in line with those proposed for adoption in this MND if the power plant expansion is ultimately approved. However, in an effort to more thoroughly document the project's cumulative impacts including the CECP project, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further cumulative impacts analysis and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). D. The Proposed MND is Adequate. Complete and Sufficient to Comply with the Requirements of CEQA D.1. EIR Required Comment: An EIR must be prepared to more fully analyze and disclose the Project's environmental impacts. 537 POP 00-02(C)/SP 144(L)/Rk ,0-26/HDP 10-05/HMP 10-03-AGUA f-LulONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 5 Response: CEQA Guidelines §15369.5 states "Mitigated negative declaration: means a negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment." The proposed project complies with this characterization. The MND properly discloses, analyzes, and avoids or mitigates all significant environmental effects of the project. D.2. Project Description/Project Splitting Comment: The failure to analyze the Coastal Rail Trail as an element of the Project constitutes "project splitting" in violation of CEQA. Response: As stated previously, the CRT is not a part of this project and the current project has independent utility from the proposed CRT segment. In an effort to accommodate potential future alternatives, the bridge portion of the project has simply been designed in a manner in which it could accommodate the CRT on either the east or west side of the railroad tracks if and when the project is funded and the alignment determined. As a result of the fact that the separate projects do not in any way rely on one another, the MND cannot be interpreted to be guilty of "project splitting". Comment: No analysis is provided as to which overhead facilities might be relocated, where or how these facilities might be relocated or the environmental impacts associated with that possible relocation. Response: As stated previously, CEQA Guidelines § 15151 requires only that "a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive..." In this case, no significant relocation of overhead facilities is anticipated. The single overhead line which must be relocated is a minor, incidental part of the project and a detailed discussion of the overhead electrical line relocation during construction is not required by CEQA. Thus, it is our conclusion that the city has made a good faith effort to analyze the significant aspects of the project. Comment: The bridge construction methodology is not described. No evidence is provided supporting the claim that a bridge can be constructed over the lagoon without impacting sensitive resources. Response: The MND indicates (on page 17) that the bridge will be constructed of "concrete vertical abutment supports and the setting of a weathered steel bridge" which will "completely span the entire channef and that the "construction methodology will not require any work to occur within the 100-year floodplain." This construction methodology will involve the pouring of abutments on each side of the channel and the laying of the horizontal bridge structure between the abutments. Furthermore, the Mitigation Monitoring and Reporting Program (MMRP) for the project includes biological mitigation measures necessary to protect the adjacent open spaces. These mitigation measures include: • BIO-3 - Placement of temporary orange construction fencing. • BIO-4 - On-site biological monitor. • BIO-7 - Training for all contractors and construction personnel. • BIO-8 - Limiting construction activities and disposal sites. • BIO-10 - Installing silt fencing to reduce silt run-off into the lagoon. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03-AGUA HtDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 6 • BIO-12 - Issuance of a water quality certification (Clean Water Act Section 401) and a Streambed Alteration Agreement. With the inclusion of these mitigation measures, the MND concludes that the bridge can be constructed over the lagoon channel without impacting sensitive biological resources. Comment: How can the existing bridge be removed without impacting the lagoon environment? Response: Dismantling and removal of the existing sewer pipe bridge can be performed with crane equipment stationed on the adjacent staging area pads outside of the lagoon channel without any significant impact to the channel. The MND analysis concludes (page 30) that the removal of the existing bridge will be a beneficial impact to the lagoon environment. D.3. Environmental Setting - Surrounding Land Uses Comment: The Project Description does not adequately describe the EPS operations and how the project may affect construction activities of the proposed CECP. Response: The MND Project Description properly describes the proposed Sewer Lift Station, Force Main, and Gravity Sewer replacement project. The environmental analysis further describes the anticipated impacts associated with the project on the environment, including those impacts to the EPS. (See Project Description pages 14 and 17) As stated previously, the MND adequately analyzes the project's potential environmental impacts and considers its avoidance of impacts to existing EPS operations. This avoidance includes placing the lift station in a northernmost corner of the EPS site, limiting the utility lines to a narrow work area, the use of horizontal directional drilling (HDD) to minimize trenching, and other factors which could otherwise contribute to disturbances to the EPS. Notwithstanding the findings of no significant impact (page 80), staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further analysis in regard to any impacts of the project on the proposed CECP, and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). Comment: The Project Description does not disclose the expansion of easements. Response: The MND Project Description (page 4) indicates that "In locations where easements do not already exist, easements will be acquired for the facilities." The existing and proposed easements are clearly shown on the plans for the project which were the subject of the MND analysis and which are described in the MND Project Description. As shown on these plans, a total of 12.5 feet of additional easement width will be necessary to accommodate the proposed project. The 12.5 feet is situated in area that is presently disturbed or paved areas, or used primarily for access roadway within the EPS property. Furthermore, the sewer pipeline will be installed via horizontal directional drilling (HDD) method that allows the installation of the pipeline without open trench disturbance to the surface of the ground. D.4. Aesthetics Comment: The removal of 12 eucalyptus trees would require visual impact mitigation. Response: The MND both discusses and provides post-development photosimulations which describe and demonstrate views toward the project from three separate viewpoints. These photosimulations show the project with all 12 eucalyptus trees removed, and the proposed project constructed. All 12 trees will be removed from the west side of the property only. No significant visual impact is identified. Further, the project plan package includes a Landscape Concept Plan. PDF 00-02(C)/SP 144(L)/Rk ,0-26/HDP 10-05/HMP 10-03 - AGUA huJiONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 7 This Landscape Concept Plan proposes replacement of the removed non-native eucalyptus trees with twelve (12) drought tolerant screening trees, such as the Caj'eput Trees (Melaleuca quinquenervia), New Zealand Christmas Trees (Meterosideros excelsus), and Strawberry Trees (Arbutus unedo). These trees grow to a height of 35, 30 and 25 feet, respectively, are evergreens and will thus adequately replace the eucalyptus screening effect on the site. These trees are part of the proposed project design plans, and thus it was unnecessary to include their planting as a separate mitigation measure for aesthetics. Furthermore, mitigation for the removal of the eucalyptus trees, which are listed as Habitat Group F - Eucalyptus Woodlands in the city's Habitat Management Plan ("HMP"), dated November 2004, is mitigated at a 0.1:1 ratio per the HMP. Please see mitigation measure BIO-1 in the MND on page 45. D.5. Air Quality Soil Export Comment: The "acceptable offsite location" for deposit of exported soil is not defined and the traffic/pollution impacts associated with the export hauling is not quantified in the Air Quality section of the MND. The soil's condition and potential of hazardous materials impacts are not identified. Response: The pollutants associated with this soil hauling are included in the analysis (page 37) in Table 2 under the category "Haul/Dump Trucks". As indicated in trie MND, this analysis assumes an approximate 30-mile round trip for transport and deposit of the export soil. Thus, the deposit (or stockpile) location is assumed to be within a 15 mile radius of the lift station site. This radius would include all of Carlsbad, and much of the cities of Oceanside, San Marcos and Encinitas. Subsequently, we have identified four or five potential stockpile sites that are within half of this assumed distance from the site. This reduced distance would reduce the projected air quality impacts (and thus the greenhouse gas impacts) below that analyzed in the MND, and since the construction emissions exceedence from Nox is primarily due to truck hauling of export soil and gravel (pages 36-37), it is anticipated that the resulting actual emissions level would most likely fall below the threshold level of significance. Thus, the air quality analysis provided in the MND is a worst-case scenario for air quality impacts related to the export of soil. Nonetheless, a stated previously, in an effort to more thoroughly document the project's cumulative impacts including the quantification of cumulative GHG impacts from this and a number of surrounding speculative projects, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further cumulative impacts analysis and if warranted, to revise and re-circulate the MND document per CEQA Guidelines § 15073.5(a). Further, the CEQA analysis included a Limited Environmental Due Diligence Review (hazardous materials records report) by Brown & Caldwell (2007) which addressed inventory of the state and federal lists of hazardous materials sites in the area, and an Environmental Soil and Groundwater Sampling, by Ninyo and Moore (2009) for the project. The conclusions of these reports are included on pages 60-61 of the MND. An adequate analysis of the soil's condition and hazards has been provided. Ozone Comment: CEQA does not permit de minimus finding conclusion of Nox in the Qir Quality Analysis. Response: The MND does not find that the Nox emissions in excesss of the APCD Threshold are de minimus. Rather, it finds (page 37) that the excess is a significant impact which must be mitigated through the inclusion of a mitigation measure articulated on page 37 as AQ-1. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HtDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12, 2011 Page 8 The CEQA "substantial evidence" test requires only a determination as to whether the evidence is such that "a reasonable mind might accept it as adequate to support a conclusion" (Bowman v. City of Petaluma, 185 Cal. App. 1986. Substantial evidence includes "reasonable assumptions predicated upon facts, and expert opinion supported by facts" (CEQA Statutes §21080(e)). The Nox impacts exceed the APCD standards threshold by only 1%, (page 37) and are temporary (during construction only) impacts. Although this mitigation measure does not constitute a considerable change in design or construction methodology for the project, the measure is adequate to mitigate the minor, temporary excess of emissions beyond the threshold of significance. Mitigation Measure AQ-1 Comment: Mitigation Measure AQ*1 is already assumed in the APCD's significance thresholds and therefore identifying as a mitigation measure cannot reduce to less than significant. Response: The city disagrees that the requirement of AQ-1 is already assumed in the APCD's significance thresholds. These thresholds and the formulas for pollutant projections are indicated by the APCD as being based upon the historical averaging of monitoring data from hundreds of construction operations. During construction operations diesel equipment routinely is left idling for long periods of time, unnecessarily distributing pollutants into the air. Mitigation Measure AQ-1 prohibits this practice and will thus incrementally decrease the air quality impacts which are projected to result from the construction operation to below a level of significance. Sensitive Receptors Comment: The YMCA aquatic recreation area and Coastal Rail Trail are not identified as sensitive receptors. Response: Sensitive receptors are defined by the APCD (APCD Guidelines for Submission of Health Risk Assessments. 2006) as; "schools (grades Kindergarten through 12), day-care centers, nursing homes, retirement homes, convalescent centers, health clinics, and hospitals." This has been further clarified for staff by San Diego APCD as locations of gatherings of population who are particularly susceptible to health effects due to exposure to air contaminants, also including; long- term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Aquatic recreation centers and public trails are not included on this list. Therefore the MND determination that these uses are not sensitive receptors is valid. Odors Comment: Air scrubbers and carbon filters are relied upon to control odors. Maintenance of these features should be required as a mitigation measure and included in the MMRP. Also there is no evidence demonstrating that these filters will effectively control noxious odors. Response: Installation, monitoring and maintenance of air scrubbers and carbon filters are identified as a part of the proposed project in the Project Description (page 14) and described again in the environmental analysis (page 38). As such, including an additional mitigation measure requiring these features would be redundant. Further, CEQA does not require an analysis of the specific effectiveness of each piece of equipment used to minimize environmental impacts of a project. As stated previously, CEQA Guidelines § 15151 requires only that "a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive..." Furthermore, this section also states, "The 3V/ POP 00-02(C)/SP 144(L)/RV ,0-26/HDP 10-05/HMP 10-03 - AGUA HuJlONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT ApriM2, 2011 Page 9 courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure." The design plans for the proposed lift station analyzed in the MND provide for air scrubbers and carbon absorbers to control odor. Proper operations and maintenance of the station will result in effective odor control. More specifically, the Project Description in the MND states on page 38, that, "odor control treatment at the lift station will include, but not be limited to; air scrubbers and carbon absorbers. These features remove odors and volatile organic compounds from the sewage transport process. Odor control performance will be constantly monitored and maintained by the Carlsbad maintenance crews to ensure the system is operating properly." CEQA requires that the lead agency identify impacts from a project that could result in substantial damage to the physical environment. It is not necessary to document and analyze every minute detail of the project or its construction or maintenance operations. In the case of odor impacts, no adopted threshold of significance exists. The City has used the independent judgment of experts who are familiar with the project area and our local circumstances to assess whether the project, as designed with odor control, could have the potential to cause substantial environmental harm. The evaluation concluded that the revisions made to the project, including the odor control features, as agreed to by the applicant before the MND was released to the public, reduced the impacts to a level of less than significant. Furthermore, the odor scrubber apparatus for this lift station must be issued a permit from the APCD prior to construction. This permit will require a demonstration of effectiveness of the equipment to the satisfaction of the APCD. City of Carlsbad maintenance crews monitor daily every sewer lift station of greater than 1 mgd capacity within the city. Crews provide city management with regular reports on the ongoing status and effectiveness of the odor control compounds associated with the routine frequent monitoring of these stations. In this way the city ensures the effectiveness of these protective features. As previously mentioned, a detailed discussion of the incidental overhead electrical line relocation during construction is not required by CEQA and the city has made a good faith effort to analyze the significant aspects of the project. Again, as indicated above, CEQA Guidelines § 15151 requires only that "a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive..." D.6. Cultural Resources Comment: Mitigation measure CUL-1 defers mitigation and thus is not allowed through an MND. Response: Mary Robbins-Wade, M.A. (RPA), a professional archaeologist with Affinis, prepared the Archaeological Resources Survey (May 2009) information for the CEQA document. Ms. Robbins-Wade states in her report (page S-1 - Management Summary) that, "The Agua Hedionda Sewer and Lift Station APE was surveyed for cultural resources in April 2009 by an Affinis archaeologist and a Native American monitor from Saving Sacred Sites. No evidence was found of CA-SDI-10,478, which was recorded adjacent to the north end of the project APE. No evidence of CA-SDI-210 was noted in the immediate area of the APE. Marine shell was found in the mapped area of CA-SDI-6751; however, all the soil in this area appeared to be dredge spoils and other fill. No cultural matenal was observed in these soils. No other cultural material was found within the APE."This information was also included in the MND on page 51. The analysis provided in the MND is consistent with the level of analysis requirements of CEQA Statutes §21083.2. Mitigation Measures CUL-1 and CUL-2, which require an archaeologist and a Native American monitor on site during all trenching activities, will adequately mitigate for the potential impacts to cultural resources. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03-AGUA HhDlONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 10 D.7. Geology Comment: A geotechnical analysis of potential adverse soils impacts to the future CECP should be provided in the CEQA document. Response: The installation of utility piping lines such as those proposed will not result in soil settlement, spread or subsidence in the area. Trenches and horizontal directional drilling ("HDD") will be designed and constructed by professional personnel, in accordance with OSHA regulations. A Soils Report (Geotechnical Report. Ninyo & Moore, August 23, 2009) has been prepared which is included in the Technical Appendices of the MND and referenced on page 54 of the MND. The report concludes that "due to the depth of the proposed pipelines, settlements are not anticipated to impact surface improvements and underground utilities." Comment: The MND doesn't analyze potential impacts to existing electrical buildings and high voltage wires. Response: CEQA requires only that the MND address effects that have a substantial, or potentially substantial adverse change in the environment (CEQA Statutes §21068 and CEQA Guidelines §15064). As explained in the response above, the proposed project is primarily underground, situated in an area in which no buildings exist or are planned. We conclude that the project will have no substantial adverse environmental impact on existing electrical buildings and high voltage wires. D.8. Greenhouse Gases Comment: No quantitative or qualitative analysis of greenhouse gases is provided. Response: In 2010, the California Natural Resources Agency adopted amendments to the CEQA Guidelines which required CEQA documents to add a project's greenhouse gas ("GHG") impacts to the list of the environmental impacts that must be analyzed under CEQA. They did not however dictate a precise analytic methodology or significance threshold for determining the significance of a project's GHG emission impacts. The amended guidelines generally reserve discretion to the lead agency in determining the method of reaching their significance determination. The MND's GHG analysis recognizes (page 57) that no specific significance threshold exists for greenhouse gases that would apply to the subject project and that the project is not inconsistent with plans, policies or regulations adopted to implement any statewide, regional, or local plan for the reduction or mitigation of GHG emissions. The project further (including the Air Quality Mitigation Measures) complies with the ARB air quality standards. Therefore, the analysis provides sufficient qualitative and quantitative analysis and complies with CEQA Guidelines §15064(h)(3) and §15064.4. Nonetheless, as mentioned, in an abundance of caution , staff will be recommending to the City Council that it direct staff to conduct additional analysis of cumulative impacts associated with the project .including the CECP project, and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). D.9. Hazards Comment: The MND fails to analyze impacts resulting from sewer spill from collapse of the bridge or from potential lift station/pipeline leaks. Response: CEQA Statute §21159 requires one to analyze impacts resulting from "reasonably foreseeable" environmental impacts. Collapse of the bridge would be a highly improbable accident, and thus would not fall into the category of "reasonably foreseeable". The bridge will be constructed to current bridge design standards adopted by the State of California. POP 00-02(C)/SP 144(L)/Rh ,0-26/HDP 10-05/HMP 10-03 - AGUA Ht JlONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12, 2011 Page 11 In an effort to mitigate the potential for sewer spill during construction, Mitigation Measure BIO-11 (page 46) has been included in the MND. This m.itigation measure requires the preparation of a Spill Containment Plan and an Emergency Frac-out Plan (for Horizontal Directional Drilling tunneling construction), respectively. Also, as discussed in the Project Description (page 15) the lift station design incorporates extensive equipment and electrical redundancy and upstream storage capacity as a precautionary fail-safe for ensuring that the unlikely event of equipment failure does not result in sewage spills. The hazards analysis of the fail-safe design protections from sewer spill is addressed in detail on page 59 of the MND. With the inclusion of the biological mitigation measure and the equipment and electrical redundancy and storage capacity, the potential for sewer spill impacts to the surrounding area from lift station or pipeline leaks is mitigated to a level of insignificance. Comment: The MND fails to analyze impacts to the existing facilities such as allowing pedestrians along the Coastal Rail Trail next to the CECP. Response: As previously mentioned, the CRT is not proposed as part of this project which has independent utility from the proposed CRT segment. Furthermore, the alignment of the CRT has not been determined. The proposed sewer bridge location and design has been determined by the needs for the sewer pipe. This bridge can accommodate the CRT on either the east or west side of the railroad tracks when and if the project is funded and the alignment determined. Nonetheless, as indicated previously, staff will recommend to the City Council that it direct staff to conduct further analysis in regard to the proposed CECP and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). D.10. Hydrology/Water Quality Comment: No measures are included which would reduce or eliminate the possibility of a sewer spill. The mitigation measures requiring an action plan in the case of spill or upset should be identified in the CEQA document and not deferred to the construction phase. Response: The MND includes Mitigation Measure BIO-11, which requires the applicant to prepare a final Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Also, as mentioned above, the lift station design incorporates extensive equipment and electrical redundancy and upstream storage capacity as a fail-safe for ensuring that equipment failures do not result in sewage spills. In addition, the project will comply with the city's Sanitary Sewer Management Plan, which was adopted by City Council Resolution No. 2009-192 to ensure that discharges from the sanitary sewer system do not occur. The mitigation measure, project design, and plan compliance demonstrate the city has responsibly addressed the possibility of a sewer spill and has not deferred the mitigation until a future time. CEQA places the burden on the party challenging a mitigation measure to show that it is inadequate. No evidence has been provided that the required spill containment plans will not reduce the adverse impacts of the project to a level of insignificance. D.11. Recreation Comment: No analysis of impacts associated with bringing recreation (Coastal Rail Trail) into the power plant and lagoon area is provided. Response: As stated previously, the CRT is not proposed as part of this project. The alignment of the CRT has not been determined. The proposed sewer bridge location and design has been POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HM'P 10-03 - AGUA HhDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 12 determined by the needs for the sewer pipe and can accommodate the CRT on either the east or west side of the railroad tracks when and if the project is funded and the alignment determined. D.12. Cumulative Impacts Aesthetics Comment: The MND Cumulative Impacts analysis fails to take into account the widening of 1-5; or the visual impact to the CECP from the removal of 12 trees. Response: The City's analysis concludes that the proposed project is located a minimum of 850 feet from the potential widened southbound lanes, too far for any impacts from or to I-5 freeway motorists to be significant., The removal of the 12 trees and the mitigation thereof has been previously addressed in this letter. The trees to be removed are located in the area of the proposed lift station, on the opposite side of the property from I-5. In ari abundance of caution however, the staff is recommending to the City Council that it direct staff to more thoroughly address cumulative impacts of the proposed project, in conjunction with other future projects in the area, including the I-5 widening. Air Quality Comment: Cumulative impacts on air quality are lacking. Response: The MND analyzes the cumulative impacts of a number of reasonably foreseeable pending or planned projects which have a nominal relationship to the proposed project, and which, taken together, could possibly result in a collectively-significant change in the environment. The MND concludes (page 99) that these cumulative projects would result in potentially significant impacts with respect to Air Quality, Biological Resources and Cultural Resources. The MND further concludes that, assuming mitigation measures for the cumulative projects similar to those adopted in the subject MND that the projects in combination with the proposed project would not result in significant environmental impacts. The level of analysis provided is consistent with the requirements of CEQA Guidelines §15130. Greenhouse Gas Emissions Comment: Cumulative greenhouse gas emissions impacts on air quality are not quantified. Response: Based on the information available, and on the substance of the 2010 Amendments to the CEQA Guidelines, cumulative GHG impacts on air quality are analyzed in the MND (pages 56- 57 and 99-100). Note also that the air quality analysis concludes that the sewer line and lift station will result in significant air quality impacts during the construction operation only. And the proposed project will not result in direct greenhouse emissions because it does not directly produce gases or emissions (page 60). As indicated in the MND, GHG impacts are primarily a result of electricity use from the EPS. Also, as indicated in CEQA Guidelines § 15064(h)(4); "The mere existence of significant cumulative impacts caused by other projects alone shall not constitute substantial evidence that the proposed project's incremental effects are cumulatively considerable." As stated previously, in an effort to more thoroughly document the project's cumulative impacts including the quantification of cumulative GHG impacts from this and a number of surrounding speculative projects, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further cumulative impacts analysis and if warranted, to revise and re-circulate the MND document per CEQA Guidelines § 15073.5(a). PDF 00-02(C)/SP 144(L)/RV .0-26/HDP 10-05/HMP 10-03 - AGUA h^ JlONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT April 12,2011 Page 13 Recreation Comment: Cumulative impacts from other segments of the Rail Trail are not addressed. Response: The proposed project will have no impact from any other segments of the CRT inasmuch as those segments are not in the vicinity of the proposed project, are not related to the proposed project, which has independent utility. Nonetheless, staff is recommending that the City Council direct staff to conduct additional analysis of cumulative impacts of the project and the CRT, as indicated previously. CECP Power Plant Project Comment: The MND must address the CECP when analyzing cumulative impacts. Response: The cumulative impact section of the MND (pp. 98-100) does analyze the impact from the proposed project upon the "NRG Power Plant Expansion". This analysis concludes that three environmental issues could occur, but that these impacts would be expected to be mitigated by mitigation measures proposed for adoption in the MND. Furthermore, as stated previously, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further analysis in regard to the proposed CECP and if warranted, to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). E. Conclusion As a result of the responses above, the city concludes that the MND is legally adequate and consistent with CEQA, and the proposed project design is consistent with that provided to and discussed with NRG staff without their objection. Furthermore, the project will not have any significant effect on the environment since all potentially significant impacts resulting from the project have been mitigated to a level of insignificance. Nonetheless, staff will recommend to the City Council at its April 26, 2011 meeting that it direct staff to conduct further analysis in regard to the proposed CECP and if warranted to revise and recirculate the MND document per CEQA Guidelines § 15073.5(a). Assuming this action is confirmed by the City Council, we are hopeful that your client will find that the revised CEQA document responds to your comments and answers its questions sufficiently. The City will send a copy of the revised document to your client as soon as it is completed. Sincerely, DON NEU City Planner Attachments Ron Ball, City Attorney Jane Mobaldi, Assistant City Attorney Ronald Kemp, Deputy City Attorney Bill Plummer, Deputy City Engineer Terry Smith, Senior Civil Engineer David de Cordova, Principal Planner Pam Drew, Associate Planner ATTORNEYS AT LAW « TOUNDED 1873 600 West Sreadway Saite 2600 San Diego, CA 92101 RONALD W ROUSE, PARTNER DWECT DIAL NUMBER 619.699.2572 DIRECT FAX NUMBER 619.235.1338 EMAIL ADDRBSS rrousei5JKice.com April 25, 2011 HAND DELIVERED Mayor Hall and City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ca 92008 Re: City Council/Redevelopment (Agenda Bill #20,532) APR 2 5 2011 CtTYC! 27740-1 Commission Agenda April 26, 2011 Item #23 NRG Energy, Inc. and Cabrillo Power I LLC Objections to Approval of Agua Hedionda Sewer Lift Station and Sewer/Water Pipelines/Facilities Dear Mayor Hall and City Council Members/Commissioners: This letter is submitted in connection with the above referenced Council/Redevelopment Commission hearing and in response to the MND comment response letter dated April 12, 2011 by Planning Director Don Neu regarding the above-referenced item. We are special counsel to NRG Energy, Inc. and Cabrillo Power 1 LLC (collectively "NRG") and submit the following objections on their behalf to the City's proposed approval of the multiple Agua Hedionda Sewer Lift Station and associated Sewer/Water pipelines and facilities identified in the above referenced Agenda Bill #20,532 (collectively the "Project"). Cabrillo Power I LLC is the owner/operator of the existing Encina Power Station ("EPS") and NRG Energy, Inc., its parent company, is processing the Carlsbad Energy Center Project ("CECP") Application for Certification before the California Energy Commission ("Energy Commission") on a portion of the EPS site between the railroad tracks and Interstate 5. The original and ten copies of this letter are being filed directly with the City Clerk; we ask that the original be incorporated into the administrative record and the copies be timely distributed to all Council Members/Commissioners, City Attorney and City Manager. A courtesy copy has been emailed directly to the City Attorney. A. Reply to City Staff Letter dated April 12,2011 The City's timely reply to our MND comment letter is greatly appreciated. We also support Staffs recommendation that further environmental analysis of cumulative impacts, particularly as they relate to the CECP, be conducted before certification of an appropriate CEQA document Sit;Los.ORAW.E COI.HTV Rif.CHf: SiSTi ff LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1673 •Latt, F-RVfJRO, HlMJLrOK & SCSIPfS LU> Mayor Hall and City Council Members April 25,2011 Page 2 and approval of the Project. We look forward to reviewing a revised and recirculated CEQA document (as outlined in our letter of March 7, 2011 and as reiterated in Section C below, the appropriate CEQA document for this project is an EIR) addressing that additional analysis as well as other deficiencies noted herein. In the meantime, please consider the following comments, addressed in the same order they are raised in the City Staff response letter. B. Legally Adequate Notice. NRG continues to believe that it did not receive legally adequate notice of the Planning Commission hearing on the Project or of the intent to prepare a MND. The City has admitted that no notice was mailed to NRG and that no notice was posted on NRG property. Based on past discussions and the record of communications discussed below in Section E., the City knew that NRG had unresolved concerns about the Project Under these circumstances, applicable law requires the City should do more than rely on a generic email subscription notice or publication notice to provide NRG with an opportunity to be heard. C. Scope of Project & Pesiga and Engineering Incompatibilities. An EIR should be prepared for the Project because a fair argument exists that the Project will have significant environmental impacts, as stated below and in our comment letter dated March 7, 2011. Moreover, the Coastal Rail Trail should be analyzed as part of the Project because the Project proposes to "accommodate" the Coastal Rail Trail, making it reasonably foreseeable that the Coastal Rail Trail ultimately will be located on the Project site.. Under these circumstances, the City cannot rely on the "independent utility" test to avoid analyzing environmental impacts associated with the trail. The "independent utility" test, a NEPA concept, is rarely used in CEQA analyses and has not been applied under facts similar to those presented here. For example, in Del Mar Terrace Conservancy. Inc. v. City Council (1992) 10 Cal.App.4th 712, EIR certification for a segment of the SR-56 was upheld even though it did not fully analyze other geographically separate segments of the SR-56 because each segment had "independent utility." The Project, on the other hand, proposes to accommodate a portion of the Coastal Rail Trail on the Project site, not on some other property as was the case in Del Mar Terrace Conservancy. Appropriate mitigation for the trail use should be analyzed now, not as part of some future project. (Tuolumne County Citizens for Responsible Growth, Inc., v. City ofSonora (2007) 155 Cal.App.4* 1214, 1230 [environmental analysis cannot be deferred simply because two activities theoretically can proceed independently].) With regard to the scope of the Project, NRG acknowledges that it has discussed a sewer lift station and sewer line replacement with the City in the past. When those discussions ended, prior to the February, 2010 Energy Commission hearings, the City and NRG had riot resolved potential design and construction conflicts between the proposed sewer lift station and the CECP. It appears that rather than trying to resolve outstanding issues, the City tried to "sneak" approval of the Project past NRG by not providing adequate notice of the Project proceedings. In any LUCE FORWARD i"ORMVS _' Li-'.'l • KHlMDED J8H CUCt. FO*VvA>v3, KAMILT^ & SCKFPS It" Mayor Hall and City Council Members April 25,2011 Page 3 event, the Project now proposed is much greater than what was previously discussed, as detailed in our March 7. 2011 letter. Instead of a single lift station and replacement sewer line, the scope of the Project now includes additional sewer lines and allowances for fixture potable and reclaimed water lines. Relocation of the overhead electrical line contemplated as part of this Project requires CEQA analysis. The electrical line is located in and around very sensitive ecological habitat.-^ Therefore, it is reasonable to believe that construction associated with removing and relocating the electrical line could adversely impact the environment. The City says that no such analysis is required because relocation of the overhead line is "an insignificant aspect of the project construction and no adverse impacts have been identified relative to this line relocation." The MND does not provide any basis for that conclusion. As such, a fair argument exists that relocation of the electrical line could have a significant impact on the environment. Finally, we concur with the City Staff response that (lie Project's analysis of cumulative impacts is inadequate in that it fails to adequately analyze the CECP, among other tilings. We look forward to reviewing the City's revised cumulative impact analysis in the future. P, The Proposed MNP is Inadequate. 1. EJR is Required. For the reasons stated in our March 7, 2011 letter, NRG continues to believe that an EIR should be prepared for the Project The draft MND does not adequately analyze all environmental impacts, such as cumulative impacts, and also fails to recognize that .there is a fair argument that the Project will have significant adverse environmental impacts. 2. Project Description/Project Splitting. As discussed above, the Coastal Rail Trail, at least as it relates to the lagoon bridge, should be studied as part of the Project because approval of the Project will render it likely that the Coastal Rail Trail ultimately will bring pedestrians over the lagoon. Also as discussed above, the CEQA analysis needs to include a discussion of the potential environmental impacts associated with relocating the overhead electrical line. Simply stating that there will be no adverse environmental impacts without providing specific analysis to support this conclusion does not satisfy CEQA's requirements for public disclosure and informed decision making. With regard to the lagoon bridge removal and replacement, the analysis still fails to substantiate claims that a bridge can be constructed over the lagoon without impacting the lagoon. Also, there is no discussion explaining how the existing bridge can be removed without impacting the lagoon and surrounding sensitive resources. 3. Environmental Setting. We fully support City Staffs recommendation to conduct further analysis of the Project's potentially adverse impacts on CECP construction and operation LUCE Mayor Hall and City Council Members April 25, 20! 1 Page 4 activities as that issue is not adequately analyzed in the MND. We look forward to reviewing .and commenting on a revised CEQA document containing that analysis. 4. Aesthetics. We appreciate that the 12 eucalyptus trees to be removed will be replaced per a Landscape Concept Plan as those trees provide important screening for NRG facilities. The requirement for replacement of the trees should be imposed as a mitigation measure to ensure that they will actually be planted and will not be removed in the future. Including all _. "mitigation" details in the MMRP document is standard practice in the City of Carlsbad and should be followed here. Including replacement trees in a Landscape Concept Plan is not the same thing as making the trees part of the Project's required mitigation. Also, will mature trees be installed immediately after Project construction is complete? If not, adverse aesthetic impacts will exist until the replacement trees reach a height and screening function similar to the existing eucalyptus trees. 5. Air Quality. We look forward to reviewing a revised GHG analysis that includes quantification of cumulative greenhouse gas emissions. The City's response letter has failed to address our arguments demonstrating that the Project will have significant direct ozone-related impacts altogether. We hope this will be addressed in a revised CEQA document. Additionally, we disagree with the City's assessment of the Project's cumulative ozone impacts. The Project will exceed APCD standards for NOx, thus it will have a significant environmental impact in this regard. The City relies on an ineffective mitigation measure to reduce this impact (as explained in our March 7 letter) and does not even assume that the inadequate mitigation measure will be sufficient to reduce the Project's cumulative NOx impact to a less than significant level. Under these circumstances, the Project cannot be approved without an EIR and statement of overriding considerations, Lastly, with respect to odors, NRG continues to believe that the requirement for odor control facilities should be included as a mitigation measure to ensure that they will be continually maintained in the future. Given that the Project concerns a sewer lift station, NRG is right to be concerned about odor control and the City Council should not disregard it as a "•minute detail" as suggested in the City Staff response letter. 6. Cultural Resources. A mitigation measure calling for the development of "appropriate mitigation measures" if cultural resources are encountered does not satisfy the requirements of CEQA. This is classic, unlawful deferral of mitigation, notwithstanding the City's statements to the contrary, 7. Geology. We look forward to art expanded analysis addressing geological issues as they related to construction and operation of the CECP in the revised CEQA document. 8. Greenhouse, Passes. For the reasons stated in our March 7 letter, the Project's greenhouse gas emissions analysis is inadequate. The City Staffs response simply restating the LUCE ATTORNEYS AT LAW • FOUNDED 18/3 L-,;~L i~-')fi«r,R3. KAKillON & S'.'BIPP* t-f Mayor Hall and City Council Members April 25,2011 PageS faulty analysis set forth in the MND, does not amount to substantial evidence demonstrating that the Project will not have a significant environmental impact. We look forward to a more detailed and reasoned greenhouse gas emissions analysis in the forthcoming revised CEQA document. As stated in our March 7 letter, the revised CEQA analysis should take the form of an EIR. 9. Hazards, The MND's analysis of the potential for bridge failure failed to take into account the fact that pedestrians would cross over the bridge as part of the Coastal Rail Trail. The risk of vandalism and accidents arising from public use should be addressed. In addition, there is still no analysis of the impact the Project may have on existing facilities, such as safety risks associated with installing pipelines adjacent to and crossing the existing high voltage wires. 10. Hydrology/Water Quality. NRG continues to believe that development of a spill contingency plan should be performed as part of the CEQA analysis rather than being deferred until the construction, phase. The potential for a sewer spill is real as evidenced by the recent Buena Vista lagoon event in the same sewer pipeline. Further, it should apply to both permanent operations and construction phases. The public should have an opportunity to review the plan and provide comments on its adequacy as part of the CEQA process. Additionally, mitigation measures should be implemented to ensure that the City performs regular inspections and other necessary maintenance of the pipeline. With respect to the potable water pipeline, an analysis of impacts to existing and new potable water pipelines should also be included (for example, analyzing the potential for contamination of public drinking water sources.) 1 ], Recreation. As discussed above, the Coastal Rail Trail, to the extent it is accommodated by this Project, should be analyzed as part of this Project. As such, an analysis of impacts associated with bringing public access trail users in close proximity to the power plant and lagoon should be included in the Project's CEQA document 12. Cumulative Impacts. The City Staff response letter did not resolve any of the concerns raised in our March 7 letter concerning cumulative impacts. We hope that our concerns will be addressed in the City's forthcoming revised cumulative impact analysis. E. Record of City/NRG Communications At the prior Council hearing on March 8, 2011, Council Member Douglas requested the record of communications between City Staff and NRG be included in the record. Mr. Ball's office was kind enough to provide a copy of the communications late Friday, as they were not included in Agenda Bill #20,532 (simply reported as on file with the City Clerk). While we have not had adequate time to digest the hundreds of pages in detail, the following additional points are clear from the record of communications. LUCE Mayor Hall and City Council Members April 25, 2011 Page 6 1. No communication to NRG during preparation of the MNP and Planning CommissioB hearings. Between January, 2010 and the February 16, 2011 Planning Commission hearing, there is no record of any communications or outreach regarding the numerous unresolved issues and concerns about the Project, which issues and concerns were frequently addressed in the preceding 12-24 months. This year long period without substantive communications demonstrates that the Project MND process and Planning Commission hearings were undertaken in a vacuum without the required notification to NRG and a meaningful opportunity to timely comment. Hence, NRG was not able to raise its issues until the March 8, 2011 City Council hearing. 2. City consistently linked Coastal Rail Trail to the Sewer Project design. Notwithstanding the City's claims that the two projects are unrelated, the record of communications establishes that the City consistently advocated a location for the Coastal Rail Trail easterly of the railroad tracks notwithstanding objections from NRG and Energy Commission Staff recommendations in the Preliminary Staff Assessment. The record of communications demonstrates the City linked the two facilities in its design and cost considerations, yet failed to analyze the Coastal Rail Trail impacts location in the MND. 3. Not all of the Project components were included in the communications. The Project as analyzed in the. MND and presented to the Planning Commission/City Council, included elements that were previously not identified in the communications. For example, the record of communications clearly show that early on, the City consistently described the Project as a replacement lift station and sewer force main project; it wasn't until late in 2009 (just before communications ended), did the City Staff mention that the replacement force main would be in addition to leaving the existing sewer line in place and a recycled water line was to be added, requiring additional easement width. No mention exists of yet a third sewer line or additional potable water line. 4. The City ignored the CECP in evaluating jrnpacts of the Project for CEQA purposes. As part of the record of communications, the City included a number of letters to the Energy Commission Staff to the effect that the City's Sewer Project, Coastal Rail Trail, NCTD double tracking and Interstate 5 widening were ail part of the "existing projects" that needed to be evaluated for purposes of cumulative impacts. Yet, when it came time for the City to fully analyze the other projects for cumulative impact purposes in the City Sewer Project MND, the City dismissed the CECP and other projects from meaningful consideration in the City's CEQA/MND document for the Sewer Project. Further, the record of communications fully documents the concerns and issues NRG had been discussing with the City prior to 2010, so the City was certainly well aware of the range of concerns and issues, yet chose to proceed without addressing them or involving NRG in the CEQA process and Planning Commission proceedings. LUCE F Mayor Hall and City Council Members April 25, 2011 Page? F. Conclusion While we appreciate the City Staffs responses to our March 7, 2011 comment letter, we continue to believe that the Project MND is legally inadequate. Among other things, it relies on improper mitigation measures, reaches unsubstantiated conclusions regarding Project impacts and fails to fully analyze potentially significant environmental impacts, particularly as they relate to cumulative impacts. We are encouraged by Staffs recommendation that approval of the Project be delayed so that a more thorough CEQA document can be prepared. We urge the City Council to accept that recommendation and direct Staff to prepare an EIR containing additional analysis about cumulative impacts as well as additional analysis requested in this letter and in our previous letter dated March 7, 2011. Ronald W. Rouse of LUCE, FORWARD, HAMILTON & SCRIPPS LLP RWR/ppt 10)494157.3 Pam Drew, Planner City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 Dear Ms. Drew: August 22, 2011 Subject: Agua Hedionda Sewer Lift MND These comments on the Agua Hedionda Sewer Lift Station project are made on behalf of Preserve Calavera, Preserve Calavera is a grassroots conservation organization whose goal is to preserve, protect and enhance the natural resources of coastal north San Diego County. This project is replacement of an existing facility, on a site that was already impacted by the existing sewer plant and pipeline. However, the proposed project could cause further direct and indirect impacts to the natural resources of this area, primarily the Agua Hedionda watershed and lagoon. These comments are similar to. those we made about a year ago when this project was originally proposed. While further work was done on the project many of the issues we were concerned about are essentially unchanged. The following are our specific comments on this project: Bridge to provide second roadway access Currently there is a very simple structure to support the sewer pipes. The project proposes to replace this with a much more substantial bridge that would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, it would cause significant direct habitat impacts. We think it could also cause additional indirect impacts that have not been identified. These include noise and lights associated with vehicle movement and the potential for the bridge to be used by trespassers or other persons. It has also been stated that this may in the future become part of the trail system. This could add further indirect impacts such as from noise and trash. The MND indicates that only one daily vehicle trip to the site is anticipated for inspection and periodic additional trips for maintenance. There is an existing access road that will be retained that can easily accommodate this very low level of use. There does not seem to be sufficient justification for the direct and indirect impacts associated with expanding this structure from a simple pipe suspension bridge to a much more substantial structure with a road on top of it. 5020 Nighthawk Way - Oceanside, CA 92056 www.preservecalavera.org Nonprofit 501 (c)3 ID#33-0955504 The MND did not discuss alternatives that might eliminate the need for this separate structure altogether. This could include suspending the sewer line from the railroad bridge, which will be reconstructed as part of the 1-5 widening project. We are also concerned that this area may be subjected to multiple impacts because the 1-5 widening and railroad bridge are both very close to the project site. Are there opportunities for coordinating this project with other projects in the area to reduce the cumulative impacts? Excess impervious cover It appears that a large amount of the increased impermeable cover is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway could result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedionda sub-watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in CWN Watershed Management Plan). Increasing impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. Mitigation as proposed does not best preserve the habitat functions The mitigation proposed meets the requirement for no net loss in the coastal zone. But replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The remainder of the CSS mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AN Watershed Management Plan. Providing this mitigation along the lagoon is a much better choice for the coastal resources- and would be a significant step toward implementing the AHWMP and achieving the multiple benefits to the watershed associated with that. This issue has been raised previously but it still does not appear that any serious consideration has been given to mitigating for these project impacts in the area of impact, along Agua Hedionda Lagoon. We look forward to working with you to assure that all of these issues are addressed before this project moves forward. Thank you for considering these comments; Sincerely, Diane Nygaard Preserve Calavera Cc: Janet Stuckrath.FWS, David Lawhead DFG — FILE COPYCARLSBAD «•". wn Planning Division www.carlsbadca.gov August 30, 2011 . Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceans ide, CA 92056 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-OS/SUP 10- 02/HMP 10-03 Dear Ms. Nygaard: Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Agua Hedionda Sewer Lift Station and Gravity and Force Main project (SCH No. 2010081053). This response letter was written to address your comment letter dated August 22, 2011. Each comment from your letter is shown in italics, followed by the City's response. Comment: Bridge, to provide second roadway access. . Currently there is a very simple structure to support the sewer pipes. The project proposes to replace this with a much, more substantial bridge that would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, it would cause significant direct habitat impacts. We think it could also cause additional indirect impacts associated that have not been identified. These include noise and lights associated with vehicle movement and the potential for the bridge to be used by trespassers or other persons. It has also been stated that this may in the future become part of the trail system. This could add further indirect impacts such as from noise and trash. The MND indicates that only one daily vehicle trip to. the site is anticipated for inspection and periodic additional trips for maintenance. There is an existing access road that will be retained that can easily accommodate this very low level of use. There does not seem to be sufficient justification for the direct and indirect impacts associated with expanding this structure from a simple pipe, suspension bridge to a much more substantial structure with a road on top of it. The MND did not discuss alternatives that might eliminate the ne'ed'for this separate structure altogether. This could include suspending the sewer line from the railroad bridge, which will be reconstructed as part of the 1-5 widening project. We are also concerned that this area may be subjected to multiple impacts because the 1-5 widening and railroad bridge are both very close to the project site. Are there opportunities for coordinating this project with other projects in the area to reduce the cumulative impacts? Fararlav AVPHIIP farkharl PA Q7nnR.7^1/f T 7KO.Crt-)_/lcnn ctan e/v> ocrn PP.P 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-05/HMP 10-03-AGUA HEDI QNDA SEWER LI FT STATION AN D GRAVITY AND FORCE MAINS Page 2 Response: The existing trestle bridge structure has been analyzed as an alternative to the installation of the new proposed bridge. From a functional standpoint, the structure is aged and in generally poor condition from decades of weathering. Efficient repair and upgrade of this existing bridge for long-term pipe support would necessitate the replacement of the deteriorated support pilings and horizontal .members, and as such, would effectively result in replacement of all bridge materials. Furthermore, the existing sewer pipe is 42-inches in diameter, and it will be replaced by a 54:inch diameter pipe. Utilizing the existing 42-inch pipeline alignment would require construction of a temporary by- pass sewer pipe and structure to cross the lagoon during the implementation of structural improvements of the existing sewer bridge. The direct impacts to the surrounding area would effectively be identical to the proposed new structure. Furthermore, the existing bridge design is inadequate to hold the additional weight associated with the larger pipe. As mentioned in the MND, this larger pipe is necessary in order to provide the necessary capacity for future anticipated build-out demand of the service area, as identified in the City of Carlsbad Sewer Master Plan, dated March 2003. In addition, from an environmental standpoint, the existing bridge structure contains eight (8) narrow bridge support/pilings which presently are located within the lagoon. This channel is the most environmentally sensitive segment of the project construction area. These support/pilings are 14-inches in diameter, and set into concrete situated as deep as approximately 20-feet below the mud line on the bottom of the channel. The proposed new replacement bridge will be supported by concrete bridge abutments located on dry land on each side of the channel. With a horizontal clear span of 140-feet, the new bridge will span the entire width of the channel. Therefore, the existing in-channel obstructions will be eliminated by the full-span bridge. This design will have a positive effect on the hydrology and biology of the. channel. The suggested alternative of repairing the existing weathered pilings would require significant construction and replacement work within the channel waters and on the channel bottom, including pile driving and/or excavation. The new bridge renders this work in the channel unnecessary. The inclusion of the maintenance vehicle access drive in the bridge design does not result in any additional biological impacts. The accommodation of maintenance access across the bridge will result in greater efficiency of maintenance, and swifter response to any emergency that may arise at the lift station, and does not result in substantive expansion of the bridge width. Primary access will continue to go through the Encina Power Plant site. In addition, multi- use of the bridge structure is a sensible and cost effective use of this public utility structure. Furthermore, the project will include a gated and locked maintenance drive across the proposed channel bridge to prevent unauthorized use of this structure. Vehicular trips across this bridge are estimated at 2 average daily trips (ADT's). This 2 ADT's estimate is based on the anticipated per day maintenance vehicle visit to and from the lift station. Such level of ADT is considered de minimus for CEQA purposes, and will not result in any significant direct, indirect or cumulative traffic impacts including noise, light and trash that do not already exist in the area, which is surrounded by I-5, railroad tracks, and the power plant. There are multiple projects proposed in this area; however, each proposed project is expected to occur at different times. The railroad double-tracking project began construction in early 2011 and is expected to be completed through the Encina Power Station area by the end of 201 1 or beginning of 2012. Furthermore, NCTD does not allow, wet utilities to be located on their railroad PDF 00-02(C)/SP 144{L)/RP 10-26/CDP iO-17/HDP 10-05/SUP 10-05/HMP 10-03-AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS August 30, 2011 Page 3 ; • bridges or near their tracks because a pipe leak or failure would create a safety risk to railway passengers. The I-5 widening project segment through the City of Carlsbad is not expected to be constructed until after 2020. It is anticipated that the construction operations will be staggered; therefore, no significant cumulative impacts will result from the cumulative projects. Comment: Excess impervious cover. It appears that a large amount of the increased impermeable cove.r is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway should result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedionda sub-watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in OWN Watershed Management Plan). Increasing impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. Response: The proposed lift station and related driveways will increase impervious cover from 20,434 square feet (existing lift station is 8,670 square feet and the existing overflow basin is 11,764 square feet) to 55,390 square feet. However, as indicated in the MND, the new lift station will include a number of site design water quality Best Management Practices (BMPs) which will serve to ensure that this increase in impervious cover will not negatively impact the watershed. These BMPs include treating runoff from the site through: 1) routing drainage into pervious vegetated or rock swales; 2) designing with catch basin structures with filter media inserts; 3) inclusion of pervious ground surface materials; 4) situating an infiltration basin at the low end of the site to treat project runoff; and 5) hydroseeding the area where the overflow basin is with a native seed mixture. All of these features serve to allow the natural filtering ability of the soil to remove pollutants from runoff prior to exiting the project area. The existing facility does not have these runoff treatment features. Some increase in impervious area will result from the proposed project; however, the project design incorporates sufficient BMPs which will mitigate any potential for increase in impacts on the natural functions of the lagoon and watershed. Therefore, the implementation of the project will not cause a decline to the watershed. Comment: Mitigation as proposed does not best preserve the habitat functions. The mitigation proposed meets the requirement for no net loss in the coastal zone. But replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The. remainder of the CSS mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AH Watershed Management Plan. Providing this mitigation along the lagoon is a much better choice for the coastal resources- and would be a significant step toward implementing the AHWMP and achieving the multiple benefits to the watershed associated with that. This issue has been raised previously but it still does not appear that any serious consideration has been given to mitigating for these project impacts in the area of impact, along the Agua Hedionda Lagoon. POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-05/HMP 10-03 -AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS August 30, 201 1 Page..4 _ • _ _ ___ _ _ Response: The city supports the idea of larger and more comprehensive restoration efforts as opposed to several isolated mitigation projects. As you noted in your letter, there is a requirement for no net loss of sensitive habitat within the coastal zone. The city also agrees that the Agua Hedionda watershed is an important coastal resource; however, both the HMP and the HMP Implementing Agreement between the USFWS, CDFG and the city established the Lake Calavera Mitigation Parcel for biological mitigation of public works projects that the city undertakes. Appendix B-3 of the HMP specifically lists the Agua Hedionda Sewer Lift Station project as a project to be covered by Lake Calavera mitigation credits. Not only is it a cost- effective means by which biological mitigation can be achieved, it is appropriate for the city to mitigate at Lake Cafavera because a fundamental objective of the HMP is to build the citywide preserve system by combining small mitigation requirements into a larger, contiguous area. Thank you again for your comments. Sincere); RAM DREW Associate Planner PD:bd c: Terry Smith, Senior Civil Engineer File Copy LUCE FORMRD 6 s°KooBroadway ATTORNEYS AT LAW • FOUNDED 1873 San Diego, CA 92101 LUCE, FORWARD, HAMILTON & SCRIPPS LLP 619.236.1414 www.tuce.com BRIAN c. FISH, PARTNER DIRECT DIAL NUMBER 619.699.2424 DIRECT FAX NUMBER 619.645.5395 EMAIL ADDRESS bfish@luce.com M1B 24 CITVOFCARLSi August 22, 2011 27740-1 VIA E-MAIL AND U.S. MAIL Ms. Pam Drew City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Revised MND for Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement ("Project") [PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03] Dear Ms. Drew: We submit this comment letter on the Revised Mitigated Negative Declaration ("MND") for the above-referenced Project, dated July 20, 2011, on behalf of our clients, NRG Energy, Inc. and Cabrillo Power I LLC (collectively, "NRG"). As you know, Cabrillo Power I LLC is the owner of the existing Encina Power Station ("EPS") and the neighboring Agua Hedionda Lagoon and NRG Energy, Inc., its parent company, has an application pending before the California Energy Commission ("CEC") for the Carlsbad Energy Center Project ("CECP") on a portion of the EPS site between the railroad tracks and Interstate 5. The Project proposes to construct a sewer lift station and related facilities on the EPS property. Some portions of the Project will encroach into the CECP area, which property is under the exclusive jurisdiction of the CEC as part of the CECP process. The City should also note that, as currently contemplated, the Project is inconsistent with the CECP and EPS operations and it would permanently impact NRG's use of its property. These economic impacts have environmental consequences as discussed below. The City will also have to address these issues if it approves the Project and then seeks to acquire property from NRG. While NRG recognizes that the City has modified and supplemented the analysis in the MND, the law and evidence continues to demonstrate that the City must prepare and circulate an environmental impact report ("EIR") to satisfy the requirements of the California Environmental Quality Act ("CEQA") for this Project. Even were that not the case, the City would have to recirculate the MND to address the Project's significant environmental impacts and the MND's fatally flawed analysis in some areas and inadequate mitigation in others. Further, the MND -101616083.5 362," LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ms. Pam Drew August 22, 2011 Page 2 fails to adequately address all the comments set forth in our letters dated March 7, 2011 and April 25,2011, and those letters are incorporated herein by this reference as additional comments to the MND. Specifically, as further discussed below, the MND does not comply with the requirements of CEQA for the following reasons: 1. EIR Required. The City cannot rely on a mitigated negative declaration for the Project's CEQA compliance. CEQA requires preparation of an EIR whenever there is a "fair argument" that a project may have a significant unmitigated effect on the environment. (CEQA Guideline, § 15064(f)(l).) Contrary to CEQA, as discussed in this letter and the prior letters referenced above, the MND fails to fully disclose all of the Project's potentially significant environmental impacts and it relies on mitigation measures that will not avoid or sufficiently reduce the Project's potentially significant environmental impacts. ^ As a result of those failures, and considering the evidence in the record, the City must prepare an EIR because a "faif argument" exists that the Project will have significant unmitigated environmental impacts. An EIR would also allow for more informed decision making in that it would include an evaluation of feasible alternatives (both in design and sites) to the Project. For all of these reasons, the City must prepare an EIR to ensure full analysis and disclosure of the Project's potentially significant environmental impacts. 2. Bridge Demolition. The MND fails to adequately analyze the environmental impacts associated with demolishing the existing utility bridge and the SDG&E natural gas line bridge. The MND briefly notes that potential impacts may result when the wood and concrete supports are removed from the bridges, and then defers actual environmental analysis and identification of appropriate mitigation measures until further state and federal regulatory approvals are pursued. (MND, pp. 48, BIO-12.) Such a deferral of environmental analysis violates CEQA as it deprives the decision makers and the public of the ability to make an informed decision. As removal of the bridges is proposed as part of this Project, the CEQA analysis must describe, among other things, the type of equipment that will be used to remove the bridge and related structures, whether that equipment will impact sensitive resources in the lagoon or elsewhere and how such removal activities will impact the environment. This analysis is particularly important because the bridge is located in the City's Habitat Mitigation Program ("HMP") Core Area #4, an extremely sensitive part of the lagoon. (MND, p. 48.) In the absence of this important environmental analysis, the City cannot proceed with approval of the Project. 3. New Utility/Pedestrian Bridge. The utility bridge to be demolished as part of this Project only carries utilities. The proposed replacement bridge would carry utility lines and also accommodate vehicular and pedestrian access. Providing vehicular and pedestrian access makes the bridge much larger than it would need to be if it were simply a replacement utility bridge. 101616083.5 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 Luce, FORWARD, HAMILTON & SCRIPPS LLP Ms. Pam Drew August 22, 2011 PageS The MND does not take this fact into account when it analyzes the Project's aesthetic and biological impacts. The MND also does not consider the environmental impacts associated with introducing pedestrian and vehicular traffic over the lagoon and nearby sensitive areas. The MND also fails to analyze environmental impacts associated with bridge maintenance, such as whether future painting and repair activities associated with the larger bridge have a greater potential to harm the lagoon environment The potentially significant environmental impacts associated with all of these activities needs to be evaluated before the City can approve the Project. . 4. Coastal Rail Trail. The City must fully analyze the Coastal Rail Trail as part of the Project. CEQA defines a "project" to include the "whole of an action" that may result in a direct or reasonably foreseeable indirect impact on the environment. (CEQA Guidelines, § 15378(a); •Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 139 [CEQA review required before agency, as a practical matter, may commit itself to any feature of a project].) The MND acknowledges that the City designed the proposed bridge structure to accommodate pedestrian access. As demonstrated by the smaller and lower scale nature of the existing utility line bridge structure, the Project would be very different in scale and magnitude if the City were not trying to accommodate the Coastal Rail Trail. On their own, these facts conclusively demonstrate that the Project makes it reasonably foreseeable that the Coastal Rail Trail will cross over the proposed utility bridge. As a result, CEQA requires the City to evaluate the environmental impacts associated with the Coastal Rail Trail as a component of the Project. Unless the City proposes a revised project of a scale similar to the existing, limited bridge structure, that will not accommodate the Coastal Rail Trail, the City cannot defer the analysis of the Coastal Rail Trail until the entire trail alignment is considered in the future nor can the City split the Project into individual components to minimize the potentially significant impacts of the Project as a whole. NRG wanted us to reiterate its opposition to any proposal to locate the Coastal Rail Trail east of the railroad tracks on EPS property. Such a placement is incompatible with existing EPS operations, pending CEC approvals for the CECP, and the public's health and safety. Contrary to the City's unsubstantiated assertion in the MND's cumulative impact analysis section, the MND does not include specific analysis to support the City's, assertion that a "barrier" could be installed or implemented to reduce the potentially significant public safety/hazard risks or otherwise make the Coastal Rail Trail and electric generation uses on the EPS property compatible. In any event, to comply with CEQA, the Project needs to analyze the CEQA impacts of accommodating the Coastal Rail Trail or the City must revise the Project to eliminate those Project elements that make it reasonably foreseeable for the bridge to be used for the Coastal Rail Trail. 101616083.5 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SDRIPPS LLP Ms. Pam Drew August 22,2011 Page 4 5. Sewer Easement. The MND discloses that the Project proposes the widening of the City's existing subsurface easement on NRG's property by \2Vz feet. This additional right of way will encroach into heavy haul roads that NRG currently uses and will continue to use as part of typical, ongoing operations at EPS and that it will use for CECP operations and construction. The Project proposes to install a recycled waterline only 3 to 3.5 feet below the surface of that existing heavy haul road and to install manhole covers 12 to 18 inches above grade within the same. Without any analysis, the MND concludes that the sewer line, manhole covers and recycled waterline will not preclude NRG's existing and future operations. (MND, p. 119.) However, this conclusion is unsupported by substantial evidence as the MND does not specify the acceptable load that may be placed on the surface of the roadway without affecting the sewer and recycled water lines underneath it. Furthermore, the MND fails to recognize the hazard that 12-to- 18-inch high manhole covers may pose to vehicles, specifically heavy haul transport vehicles, and no information is provided on the proposed placement of these manhole covers within the easement. In the absence of the above referenced information, the MND needs to assume that heavy haul activities will damage the shallow recycled water line and that heavy machinery routes would be disturbed by the proposed elevated manhole covers. As such, the City must revise the MND to analyze the potential impacts associated with a damaged recycled water line, which may include impacts such erosion, undermining of the integrity of nearby structures, and introducing toxins into a sensitive environment. If, based on further analysis, the City determines that heavy haul access will be impacted by the Project, the City needs to either revise the Project to avoid that impact, analyze and adopt appropriate mitigation, identify and analyze alternative locations for the recycled water lines and manhole covers, or identify, analyze and mitigate for impacts resulting from the City's implementation of feasible alternative locations for the heavy equipment access way. Finally, given all the above, the City needs to recognize that NRG is opposed to granting the City the property rights required for a Project that includes the above features. ..-••• 6. Lavdown Area. The MND acknowledges that construction of the Project, in particular the sewer lift station itself, would result in the loss of 30% of the proposed CECP laydown area, including an area north of Tank Basin #7 which is under CEC jurisdiction. (MND, p. 118.) Any loss of EPS property is significant, and remains unmitigated. The area north of Tank Basin 7, in addition to supporting CECP, supports EPS operations and maintenance (in particular for the fuel oil tanks) and includes a stormwater inlet that manages runoff from this area. The MND does not specifically describe any construction related mitigation/Best Management Practices that will be implemented to ensure that Project construction (and operation) will not adversely impact the stormwater inlet and the EPS operations. These potential impacts to EPS* current operation, NRG's NPDES compliance and the CECP laydown are significant, and in absence of further 101616083.5 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ms. Pam Drew August 22,2011 Page 5 analysis, may be unmitigatable. Therefore^ at a minimum, the City needs to revise the MND to include appropriate mitigation measures and BMPs for the Project and alternatives such as other lay down areas (with an analysis of associated impacts) and alternative Project design/locations that would not result in impacts to EPS and CECP. In the absence of such additional analysis, a "fair argument" exists that the Project will have significant unmitigated impacts. 7. Aesthetics. The Project will remove 12 mature eucalyptus trees and replace them with evergreen trees. (MND, p. 29.) The existing trees provide screening for existing power plant . facilities and will provide the same function for the CECP. The MND fails to substantiate how the Project can remove the existing trees and not create significant impacts to aesthetics. The City cites to a visual simulation analysis comparing the view with the existing trees to the view that will exist when replacement evergreen trees are installed. (MND, p. 30.) As such, the conclusion of no significant impact seems to rely upon the installation of these replacement trees. This means, at a minimum, the City must make installation of those replacement trees a mitigation measure for the Project in the same manner the City would impose such a mitigation measure on any other developer in the City. As installation of replacement trees is not part of the "Project Description", the public will be powerless to enforce the replacement tree commitment if it is not imposed as a Project mitigation measure. In addition, the mitigation measure must require the replacement trees to be mature trees of equal height and screening ability as the existing eucalyptus trees.1 The City also needs to fully analyze and disclose the aesthetic impacts the Project will have as a result of its encroachment into the proposed berm for the CECP project. The MND admits that the Project's wider easement will interfere with the proposed berm and preclude the planting of screening trees within the easement area. As such, the CECP will not be as screened from public view as the public expects. Despite this fact, and contrary to CEQA, the MND offers only an unsubstantiated conclusion that the Project will have less than significant impacts. The City needs to analyze Project aesthetics with simulations that include the proposed CECP. NRG can provide the CEC approved simulations for CECP to aid in the analysis of aesthetic visual impacts for the Project 8. Air Quality. As disclosed below, a number of deficiencies exist with the MND's air quality analysis. 1 As further support for its conclusion that the Project will not have significant aesthetic impacts, the MND indicates that the CECP will provide replacement tree planting in the event screen trees are lost as a result of the sewer and/or lift station projects. Under CEQA, the City cannot rely ori CECP to mitigate impacts caused by the Project. This is particularly true in this case, where the City is actively and strenuously objecting to the CECP approvals. 101616083.5 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ms. Pam Drew August 22,2011 Page 6 Baseline Data: The analysis relies on monitoring data from Camp Pendleton taken from the years 2000-2004. (MND, p. 35.) This data is at least 7 years old and therefore outdated and unreliable. A more current analysis needs to be performed using current monitoring data and may also need to include data from other monitoring stations. Consistent with industry standards, the City must coordinate with the San Diego County Air Pollution Control District ("APCD") to obtain the APCD's input on which monitoring stations and current monitoring data to use for the Project's analysis. Ozone: As discussed in our prior comment letter dated March 7, 2011 (pp. 6-7), die City still has not conducted an adequate analysis of the relationship between NOx and Ozone. NOx: The prior MND concluded that the Project would have significant air quality impacts because the likely haul route to a stockpile site would be a one- way trip of 15 miles. Now, rather than developing valid mitigation, the revised MND identifies no significant air quality impacts based on an inconsistent conclusion that the haul route to stockpile sites will be located within 7.5 miles of the Project site. (MND, p. 36.) The City offers only unsubstantiated conclusions that a site or sites for the 39,000 cubic yards of fill and export materials can be found within 7.5 miles of the Project site. The City has not identified specific sites with sufficient available space and need for fill, nor has, it imposed a mitigation measure requiring use of those sites within that limited vicinity. As further discussed in this letter, the MND also underestimates the amount of construction traffic impacts which suggests that the MND understates the Project's air quality impacts. Given all the above, the evidence demonstrates that the Project will have potentially significant, unmitigated impacts, Incremental Contribution: The City's conclusion that the Project will not "result in "a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard" is also invalid. (MND, p. 37.) The MND acknowledges that the region is in an area of non-attainment for multiple pollutants, but relies on CEQA Guideline § 15064(h)(3) to conclude that the Project's incremental contribution will not be significant. That CEQA Guideline allows for such a conclusion only when the lead agency demonstrates that the Project will comply with the requirements of a previously approved plan that provides specific requirements to avoid a-specific cumulative air quality impact and the lead agency explains how implementing that plan ensures the Project's incremental contribution is not 101616083.5 . 3(0? LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ms. Pam Drew August 22, 2011 Page? cumulatively considerable. The City has failed to provide any of this required information. Accordingly, the City cannot rely on CEQA Guideline § 15064(h)(3) as a basis for concluding that the Project will not have significant air quality impacts. • Mitigation Measures. Additional mitigation measures are required for air quality as the identified mitigation measures primarily reduce PM10 emissions related to dust and not PM2.5 that is emitted by diesel powered construction equipment. Specifically, the MND must incorporate mitigation measures that reduce PM 2.5 emissions from diesel power construction equipment. • Odor: NRG recognizes that the City provided additional information about odor control mechanisms the Project proposes to implement. (MND, p. 38.) However, the MND does not establish that the APCD will impose specific performance standards that must be maintained as part of its permitting process for the Project. Without that information, and an analysis of the impacts of the same, adequate support does not exist for the MND's conclusions that the Project will have less that significant odor impacts. 9. Biology. For reasons that include the specific items discussed below, tihe MND fails to adequately analyze and disclose the Project's impacts to biology. • HMP Narrow Endemic Species. The MND notes that the Project site has the potential to host several HMP narrow endemic species, but that the existence of these species could not be determined "due to out of season survey no presence/absence conclusion possible." (MND, pp. 39-41.) This is true with respect to brodiaea filifolia, brodiaea orcutti, and muilla clevelandii. Despite this lack of basic information, the MND concludes that the Project will not have a potentially significant impact on these species. Adequate support does not exist for this conclusion. In fact, the City should defer its consideration of the Project until the City can conduct seasonally appropriate surveys. Alternatively, the City must prepare additional CEQA analysis that assumes that the Project will result in significant impacts to those species and identify feasible mitigation measures such as avoidance of the impacts to narrow endemics in accordance with the HMP (See, e.g., MHP, pp. D-90,0^98, D-99 and D-l02). • Bridge Use and Maintenance Impacts. As noted above, there is no analysis of potential environmental impacts associated with maintenance of the proposed bridge. For example, periodic painting for the bridge, regular driving of 101616083.5 £ LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ms. Patn Drew August 22, 2011 PageS maintenance vehicles across the bridge, allowing regular pedestrian use of the bridge, etc. These issues all need to be disclosed and analyzed as part of the Project's CEQA compliance unless the City alters the Project as recommended above. 10. Hazardous Materials. The MND acknowledges that construction of the Project will have potentially significant, environmental impacts with respect to access to and from the NRG property. To mitigate those impacts, the MND identifies Mitigation Measure HAZ-5 as requiring that "a minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction, trenching and installation of the recycled water line segment between the sewer lift station and Canyon Road." (MND, p. 66.) The MND fails to demonstrate how such a relatively narrow access way is sufficient given the nature of the existing and proposed operations on the EPS site and where such an access way could be feasibly located. The MND is also not specific about whether the City will improve the temporary unobstructed emergency access route, which it will need to do to accommodate the heavy haul vehicles, and the impacts association with such an improvement. 11. Traffic. The traffic analysis is flawed because it treats trips associated with the Project's construction traffic as passenger car trips for purposes of determining the average daily trips ("ADT") and evaluating traffic impacts. For example, MND page 98 states that haul truck trips are estimated to occur at a rate of 40 round trips per day for a total of 80 ADT. This analysis fails to adequately disclose that large construction trucks, such as haul trucks, impact traffic differently than ordinary passenger cars. The industry standard, as established by the Highway Capacity Manual, is to treat one truck trip as the equivalent of 2.5 passenger car trips for purposes of determining a Project's ADT. In this case, that would mean that the Project's haul trucks would result in at least 200 ADT (not 80). As such, the MND significantly understates the Project's construction related traffic impacts. The MND's flawed analysis also fails to take into account the additional impacts associated with closing lanes of traffic along Cannon Road, Palomar Airport Road and Avenida Encinas to accommodate trenching and other construction activities. Some of these roads already operate at LOS D, and LOS E is unacceptable. The City must revise the MND's analysis to fully evaluate whether the Project will cause area roads to operate at unacceptable levels and, if so, impose adequate mitigation to address the same. The Project's air quality analysis also needs to be updated once the traffic impacts are revised to reflect the insufficiencies described above. 12. Growth Inducement. The Project includes bigger sewer pipes, a new recycled water line and a significantly larger sewer lift station. Expanded sewer facilities are the quintessential 101616083.5 3*7 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP .Ms. PamDrew August 22,2011 Page 9 example of a growth inducing project under CEQA. In fact, the City readily acknowledges that these improvements will allow growth in Carlsbad and Vista as the new capacity will be 33 million gallons per day. We also note from the City's website that the City is in the process of updating its general plan and is considering proposals that would intensify the land uses in and around the "Northwest Coastal" and "Ponto/Southern Waterfront" areas where the Project is located. However, it is not clear that the City performed any substantive analysis of the planned growth that the Project induces. To the extent the City is arguing that it can rely on prior environmental analysis for the City's General Plan or Sewer Master Plan to suggest that the Project's significant expansion of existing capacity is not growth inducing, the City needs to demonstrate how environmental documents that are approximately 17 and 7 years old, respectively, can overcome the fair argument that the Project's growth inducing impacts are significant. Similarly, if the City intends to analyze the potential growth inducing impacts from the proposed sewer line, lift station and new recycled water lines as part of the CEQA analysis for the General Plan update, then the City is improperly deferring the analysis of potential growth inducing impacts from the Project analyzed by the MND. 13. Cumulative Impacts. The MND's cumulative impact analysis is generally vague and reaches the unsubstantiated conclusion that the Project will not have cumulatively significant impacts because the Project's incremental contribution is so small. This sort of "de minimus" approach to cumulative impacts has been invalidated by the California Supreme Court. (Communities for a Better Env't v. California Resources Agency (2002) 103 Cal.App,4th 98, 126.) Instead, the Court has clearly stated that a specific, good faith analysis of a project's cumulative impacts is required. As the following demonstrates, the City failed to provide this analysis. • Aesthetics. The MND mentions that NCTD is constructing a bridge over the lagoon. The cumulative impact analysis fails to analyze the aesthetic impacts associated with having both the Project's utility/access bridge and this NCTD bridge crossing over the lagoon. (MND, p. 108.) • Biology. The MND concludes that the Project will not have cumulatively significant biological impacts because all of the other cumulative projects will comply with the City's HMP to mitigate individual project impacts. (MND, p. 113.) This assumption is invalid for a number of reasons. By way of one example, many of the cumulative projects at issue are not subject to the City's jurisdiction and therefore do not have to comply with the HMP. This is true, for example, with respect to the 1-5 Widening Project, North County Transportation District Railroad Double-Tracking, and even the CECP. 101616083.5 ' ^ 70 LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS uj> Ms. Pam Drew August 22, 2011 Page. 10 Greenhouse Gas Emissions. The City concludes that cumulative greenhouse gas emissions are simply too speculative to evaluate. (MND, p. 115.) CEQA does not allow the City to reach this conclusion unless it first makes a good faith effort, based on scientific evidence, to evaluate the Project's cumulative greenhouse gas emission impacts. Instead of doing that, the City simply concludes that the Project will have a lesser cumulative impact than the CECP, and since the CECP finds that it will not have a significant cumulative impact on greenhouse gas emissions, the impact for the Project must also be less than significant. (MND, pp. 115-116.) While this may be the correct conclusion, the City has failed to provide the analytical bridge CEQA requires to support that conclusion. There is no information or specific analysis to demonstrate that the Project's cumulative greenhouse gas emissions are indeed insignificant. The CECP greenhouse gas emissions analysis was specific to the CECP project and therefore cannot be relied upon for the Project. . Noise. The MND concludes that the Project will not have cumulatively significant noise impacts because all of the other cumulative projects will comply with the City's noise requirements to mitigate individual project impacts. (MND, pp. 119-120.) This assumption is invalid for a number of reasons. By way of one example, many of the cumulative projects at issue are not subject to the City's jurisdiction and therefore do not have to comply with the City regulations. This is true, for example, with respect to the • 1-5 Widening Project, North County Transportation District Railroad Double-Tracking, and even the CECP. Traffic. The MND concludes that the Project will not contribute to cumulatively significant traffic impacts because most of the cumulative projects will be constructed over a staggered period of time, and if that is not the case, any impacts would be insignificant because of 1-5 widening and the Southbound Carlsbad Boulevard Realignment project. (MND, pp. 120-121.) The MND provides no evidence to substantiate this claim. There certainly are no assurances that if several projects proceed concurrently, that those projects will not occur until after the 1-5 widening and the Southbound Carlsbad Boulevard Realignment projects are complete. There is also nothing to indicate that these cumulative projects will not have impacts on roads not benefiting from the 1-5 widening and the Southbound Carlsbad Boulevard Realignment. In the absence of this information, the City's conclusion that cumulative traffic impacts will be insignificant is unsupportable. I016I6083.5 syr-f ,^ f 1 LUCEFORmRD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LUP Ms. Pam Drew August 22,2011 Page 11 Conclusion For all the reasons set forth above, the City cannot rely on the MND to support the approval of the Project. The City needs to develop a revised project coupled with additional CEQA analysis and recirculate the same for public review. In feet, the MND is inadequate under CEQA, and the City must prepare a full EIR to fairly disclose the potentially significant environmental impacts of the Project. NRG is willing to work with the City on these efforts. Sincerely, of LUCE, FORWARD, HAMILTON & SCRIPPS LLP BCF/ 101616083.5 371 Y O F CARLSBAD Planning Division www.carlsbadca.gov September 12, 2011 Mr. Brian C. Fish Luce Forward 600 West Broadway Suite 2600 San Diego, CA 92101 RE: RESPONSE TO COMMENTS IN A LETTER DATED AUGUST 22, 2011 REGARDING REVISED MITIGATED NEGATIVE DECLARATION FOR AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Dear Mr. Fish: This response letter was written to address your comments to Ms. Pam Drew of the City of Carlsbad Planning Department in a letter dated August 22, 2011. The following are a summary of the substantive points made in your letter and the city's responses. 1. Comment: EIR Required. The project must prepare an EIR for the project because it will result in significant unmitigated environmental impacts. Response: As previously mentioned in the.city's response of April 12, 2011, pursuant to CEQA Statutes § 21064.5 and CEQA Guidelines § 15064(f){2}, a Mitigated Negative Declaration (MND) may be prepared when all potentially significant environmental impacts from a project can be mitigated to a level of insignificance as a result of revisions made to the project or agreed to by the applicant before the MND and Initial Study were released to the public. It is the city's position, and ail evidence suggests, that this is the case for the subject project. As a result of the revisions agreed to by the city, and further articulated in detail in the revised MND, the project avoids or mitigates all significant adverse impacts on the environment. It is recognized by the city that a certain amount of schedule and construction coordination will be necessary to optimize the construction efforts, but none of these planning matters rise to the level of significant environmental impact. As such, in light of the whole record to date, including the additional planning and environmental information provided in the MND revised and recirculated at NRG's request, no substantive fair argument exists that the project, as designed, could have a significant effect on the environment. 2. Comment: Bridge Demolition. The MND fails to identify environmental impacts associated with the removal of the utility bridge(s), the equipment to be used to remove the bridge(s), and defers the environmental analysis until future agency approvals. Response: With regard to equipment to be used to dismantle and remove the existing sewer pipe bridge; this work will be performed with crane equipment stationed on the adjacent 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 PDF 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 2 staging area pads outside of the lagoon channel without any significant impact to the channel. This is the same type of equipment which will be used to both remove the bridge(s) and to construct the new bridge. This equipment is discussed on p. 46 of the MND. To further address this issue, the MND includes a mitigation measure (BIO-10), which will ensure that silt and erosion from construction operations will not enter the adjacent wetlands. The MND contains extensive discussion of the removal of the existing trestle bridge structures which supports the existing utility pipes across the lagoon channel (p. 48). In fact, the MND concludes that removal of the existing trestle bridge is considered a beneficial impact of the project and will constitute mitigation for the new bridge structure construction. However, while the removal of the bridge supports and pilings is not considered a significant impact to channel habitat, the removal of the pilings could theoretically result in discharge of removed sand material adhering to the pilings, dropping back into the channel, necessitating issuance of state and federal agency wetland permits. To address this issue, and consistent with standard format, the MND thus has added a mitigation measure (MM 810-12) which requires issuance of such permits. The argument that MM BIO-12 constitutes a deferral of environmental analysis is incorrect. The fact is that state and federal agencies' policies do not allow issuance of their respective permits until the lead agency has certified its CEQA document. To argue that the CEQA document is inadequate because the agency permits have yet not been issued, places the city in an untenable situation where NRG is arguing that the agency permits must be issued in order to mitigate impacts, but the agency policies dictate that CEQA must be certified before they will issue the permits. In fact, as long as environmental impacts of the project are discussed and analyzed (p. 48), it is standard policy for CEQA documents to list as mitigation measures those permits that must be issued by resource agencies prior to construction of a project. As such, MM BIO-12 does not constitute a deferral of environmental analysis, but is rather consistent with standard CEQA practice. 3. Comment: New Utility/Pedestrian Bridge. The proposed channel bridge is larger than necessary; it has been increased in size in order to accommodate vehicles and pedestrians; and the aesthetic and biological analyses do not take this factor into account. Also, future bridge maintenance and painting of the bridge is not addressed in the MND and could harm the lagoon environment. Response: The comment that the bridge is sized to accommodate the utilities, vehicles and pedestrians is correct, and is stated and discussed clearly in the Project Description (p. 13). It is the city's view that the bridge is appropriately sized and not "much larger than it would need to be" as argued in the comment letter. The vehicular and pedestrian access is situated directly above the utility line housing, and it is the utility line housing which determines the overall width of the bridge. The vehicular access across the bridge is only planned as an emergency access, thus no regular vehicular access across the bridge is anticipated. This limited access is necessary so as to allow for direct access to the lift station in a crisis situation, avoiding the time delays and disruptions that could be associated with having to travel through the Encina Power Station (EPS) site in an emergency situation. Both the aesthetic and biological analyses address the impacts of the proposed bridge at the size identified in the Project Description. The MND analyzes and discusses the aesthetics of the bridge thoroughly; including providing photo 375 POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HED1ONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 3 . . simulations of the bridge from three separate viewsheds. The width of the bridge has been sufficiently analyzed and determined that it does not affect the aesthetics from any surrounding observation point (MND p. 29), nor does it affect the biology with its conclusion that "the shadow of the bridge will not affect any sensitive vegetation." (MND p. 42). Further, in response to painting and maintenance of the bridge, the bridge has been designed of weathering steel materials that will not require maintenance or painting. As such, the routine maintenance of bridge will not harm the environment. 4. Comment: Coastal Rail Trail. The CRT is causing the size of the bridge to be larger than otherwise necessary. The MND must evaluate CRT impacts or eliminate elements of the project that make the CRT feasible. Response: The CRT is not dictating the size of the bridge. The size of the utility lines and their adjacent relationship dictate the necessary width of the bridge. As indicated in the Project Description (p. 13), in an effort to avoid any future need to retrofit the bridge, the bridge has been designed to accommodate pedestrian access, if such access is ever needed in the future. Contrary to the position stated in this comment letter, CEQA does not require that projects specifically avoid any and all designs which could proactively accommodate any future potential project. Such interpretation of CEQA, wherein any and all planning which might viably accommodate future options is prohibited unless all future options are fully addressed even before the subsequent projects are planned, would paralyze the entire process. The suggestion that full CEQA analysis of the as-yet-unplanned CRT must be provided with this document or the city must remove any design option that could accommodate it, is not required per CEQA. Furthermore, the city notes NRG's comment that it opposes future location of the CRT east of the railroad tracks on EPS property. 5. Comment: Sewer Easement. Surface loads over the utilities could pose a problem for NRG operations. The shallow recycled water line and 18" high sewer manholes may pose a hazard to heavy load machinery. The specific location of manholes is not shown. NRG is opposed to granting easements for these improvements. Response: As indicated in the MND (pp. 118-119), the proposed force main line will be constructed at an approximate depth of 30-feet below surface through HDD trenchless drilling . (tunneling) construction method. Pipes located at this depth will not be affected by heavy load machinery on the surface. Further, per City of Carlsbad engineering design standards, the recycled water line (albeit more shallow than the sewer line) will be installed to comply with standard highway loading conditions (H-20 loading), which can handle loads up to and including the weight of a typical semi-truck and trailer. If prior to final design, NRG anticipates that a recycled water pipeline located within the easement road may experience heavier loads, this may necessitate the need for an improved pipe bedding section or the use of concrete encasement around the recycled water pipeline, which the city is willing to install. This final design issue can be coordinated with NRG once NRG has identified the heavy haul loads. If the city cannot satisfy NRG's concerns in regard to this issue, the city will not install the recycled water pipeline along this length which is subjected to the heavy loads, and will investigate other alternative alignments which will not affect NRG operations. In consideration of these factors, the utility lines will not be threatened by heavy load machinery on the Carlsbad Energy Center POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 4 Project (CECP) surface operations. To clarify, no new manholes are proposed on the EPS site. The above-grade manholes in question are existing and/or proposed and are located to the west of the YMCA area; just east of the railroad tracks. 6. Comment: Lavdown Area. Alternatives to the loss of 30% of the northerly laydown area must be provided. Any loss of EPS property for construction laydown area is a significant impact and may be unmitigable. The city's project will impact a stormwater inlet which manages runoff from the area. Response: The MND provides extensive discussion and analysis of the loss of 30% of the northerly temporary construction laydown area on p. 83 and again on p. 118. Please bear in mind that significant precautions have been taken so that the sewer lift station facility avoids any direct overlap or impact to any permanent structural or operational portion of the proposed CECP. The lift station does however (if constructed prior to the proposed CECP) overlay approximately 30% of the area shown to be a construction equipment laydown area (one of three) for the proposed CECP construction operation. While the city acknowledges that this reduced laydown area could result in some inconvenience during the construction of the proposed CECP, we do not draw the conclusion that it is a significant, and unmitigable, environmental impact, or that it is an environmental impact at all. We find no evidence in the proposed CECP environmental document that the proposed CECP equipment laydown area was based on any calculation of minima! necessary area, or was based on any required size or number of equipment pieces. Rather, we expect that it was based on the optimal available area adjacent to the proposed CECP improvements to be constructed. The loss of 30% of this laydown area (only if the lift station is constructed before the proposed CECP) could not be expected to affect the viability of the proposed CECP construction operation: The city will be as accommodating as possible, and is willing to enter into a binding agreement to coordinate construction operations so that a high level of construction planning and coordination with the proposed CECP occurs in order to maintain optimal available equipment laydown area during the proposed CECP construction operation. With regard to the stormwater inlet referenced in the comment letter, this pipe is located outside (northeast of) the area of impact of the city's proposed lift station project. The project does not rely on this pipe for stormwater conveyance since all of the stormwater flow from the lift station site is directed via vegetated swale to a proposed new detention basin on the opposite end of the lift station. Thus, the existing stormwater inlet pipe will not be affected by the proposed project and will remain in place and accessible for NRG's future use. 7. Comment: Aesthetics. Installation of replacement trees for the removal of eucalyptus must be a mitigation measure. Photo simulations must include the proposed CECP project. The city cannot rely on CECP mitigation when they are actively objecting to the CECP approvals. Response: As indicated on pp. 29-30 of the MND, the project will replace the non-native eucalyptus trees to be removed with twelve (12) drought tolerant native screening trees, including species such as the Cajeput Tree (Melaleuca quinquenervia), New Zealand Christmas Tree (Meterosideros excelsus), and the Strawberry Tree (Arbutus unedo). These trees grow to a height of 35, 30 and 25 feet, respectively, are evergreens and will thus adequately replace the 377 POP 00-02{C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12,2011 Page 5 removed eucalyptus at a 1:1 ratio. These replacement trees are indicated on the Landscape Concept Plan for the proposed project. This Landscape Concept Plan is a part of the Project Description inasmuch as this plan is a section of the project plans which are the subject of the CEQA review and subsequent MND. Per standard procedure, this Landscape Concept Plan will be part of the approval documents for the project. It is not necessary that features of a project that are called out on the project plans also be the subject of a specific CEQA mitigation measure. These replacement trees were an aspect of the process wherein the applicant agreed to modifications in the project design which mitigated a potential impact, and is thus the basis for the MND. It is the city's conclusion that is not necessary that installation of the trees shown on the Concept Landscape Plans to be also the subject of a mitigation measure, no more than it is necessary that any other design aspect of the project shown on the plans be the separate and specific subject of a mitigation measure. The city is following standard CEQA procedure. Further, the visual simulations (MND Figures 8, 9 and 10) demonstrate views toward the project with the eucalyptus trees removed and the replacement trees added. Through implementation of the Landscape Concept Plan, the project effectively mitigates for aesthetic impacts, and does not rely on CECP mitigation for the proposed project. The replacement trees referenced above are evergreens, with a brilliant display of flowers during spring and summer seasons, and are ali vigorous and fast-growing. Thus, their proposed box-size installation will grow to provide substantive screening of the facilities in a matter of only a few years after planting. The CECP mitigation measure is appropriately referenced in "Cumulative Impacts" section, wherein aesthetic impacts associated with the surrounding projects are analyzed. 8. Comment: Air Quality, The baseline data from Camp Pendleton is old. Inadequate analysis of relationship between NOx and Ozone is provided. Response: The following are specific responses to the bullet point comments listed under Air Quality: • Baseline Data. The air quality analysis for this project is based on very conservative assumptions. For example, it is based on a worst-case baseline. The years 2000 through 2004 (referenced in the MND analysis) recorded a worse record for ozone violations than the 5 years following (2004-2008). Years 2000 - 2004 recorded 10 days of violations during this period, and the years 2004-2008 recorded 5 days of violations. Thus, air quality in the San Diego region is actually improving. Analysis of the proposed air quality construction impacts added incrementally to quantitatively cleaner air would only conclude a lessened air quality impact. Note also, in an abundance of conservative analysis, that the MND also includes specific mitigation measures even though the emissions assessment concludes no significant air quality impacts. • Ozone: The relationship between NOx being a precursor to Ozone formation is well known in the industry, a fact which was acknowledged in Luce Forward's letter to the Carlsbad City Council dated March 7, 2011. Since the project's NOx contribution is less than the threshold, (MND p. 36) the conclusion that NOx impacts are a less than significant impact on ozone formation is accurate. • NOx: The change in the soil export travel distance is a valid assumption. The city is aware of properties that could feasibly accept exported soil for stockpile in the vicinity of the project. Thus the revised assumption of a 15-mile round-trip to a stockpile POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 6 ; • location for construction hauling is very feasible for purposes of air quality analysis of the project construction. As mentioned in the MND (p. 36), this assumed 7.5 mile one- way travel distance includes all of the City of Carlsbad, northern Encinitas, and much of the cities of San Marcos and Oceanside. Numerous potential stockpile locations exist within this 7.5 mile radius. The evidence shows that the original assumption of 30-miles round-trip was, in the city's estimation, an unnecessary over-stating of the air quality impacts during construction. The response to the alleged underestimation of project construction traffic is provided later in this letter. • Incremental Contribution. The proposed project does comply with the requirements of a previously approved air quality plan. The proposed project has !ong been part of a previously-approved State Implementation Plan (SIP) for San Diego County, as the project has been on the City .of Carlsbad Capital Improvement Program (CIP) for over 20 years, and the project is necessary to implement the surrounding urbanizing development in the cities of Carlsbad and Vista, consistent with the respective General Plans of these cities. As a result, the project is within, and consistent with, the San Diego County Air Pollution Control District (APCD) Implementation Plan of the City of . Carlsbad. • Mitigation Measures. It is correct that the air quality mitigation measures identified in the MND are a response to PM10 emissions from construction dust and particulates. This is because the greatest potential for the short-term adverse health impacts on the localized surrounding population will be from these larger dust particles. However, please bear in mind that the MND analysis concludes that neither the PM10 nor PM2.5 pollutants are projected to be of a magnitude that exceeds the APCD significance thresholds. Thus, the mitigation measures associated with minimizing any PM10 health impacts have been included only in an abundance of caution, and are not needed to reduce impacts to a level below the significance thresholds. Therefore, the fact that the MND is very conservative with regard to minimizing PM10 pollutants does not dictate that it must also include mitigation measures for another (less localized health- impacting) pollutant which also does not exceed the APCD threshold. The city concludes that the mitigation measures included in the MND more than adequately mitigate temporary air quality health risk. • Odor. Regarding the potential for odor impacts, the MND on p. 38 indicates that manhole covers will be "seated" so as to not allow escape of gaseous vapors. Further, the project is designed (as indicated in the Project Description on p. 14 of the MND) such that odor control treatment at the lift station will include state-of-the-art air scrubbers and other features which have been proven to successfully eliminate odors from sewage facilities. This odor control technology has been used for decades at wastewater treatment and conveyance facilities and has resulted in significant success and high reliability. These advanced odor control facilities have a proven record of quality and reliability in filtering and eliminating odors. This odor control media will be replaced as needed to ensure compliance with the air quality standards of the SDAPCD. In the event that complaints are received by the APCD, it is the APCD's policy to enforce odor controls even after a project is built and operational. It is the City's conclusion that the MND satisfactorily analyzes anticipated odor impacts from the project. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 7 : \ ; 9. Comment: Biology. HMP Narrow Endemic surveys should be conducted. The painting of the bridge, driving of maintenance vehicles across the bridge and allowing pedestrian use of the bridge all need to be analyzed for biological impacts. Response: The following are specific responses to the bullet point comments listed under Biology: . • HMP Narrow Endemic Species. Narrow Endemic plants such as Brodiaea filifolia and Muilla Cleveland!! are typically found in grassland areas. In Carlsbad, these grasslands have historically been the subject of man-made activities, such as low-intensity farming, grazing or cutting. Brodiaea filifolia can only be observed when they are in flower, during mid-Spring, typically the month of May, and only in years after which the winter had a high rainfall total. Brodiaea orcutti is typically found in or on the edge of vernal pools. Biological data indicates that is not anticipated that these plant species would occur in any location affected by the subject project. The only potential possibility would be in the location of the proposed Jift station, however this area is covered with a canopy of eucalyptus trees, and therefore no grasslands have grown or would be expected to grow under this canopy. The Biological Assessment for the project indicates that species listed in the HMP (such as Thread-leaf brodiaea, Orcutt's brodiaea, San Diego ambrosia, Del Mar Mesa sand aster and San Diego goldenstar were specifically surveyed and not found (Planning Systems 6/5/09). The Biological Assessment also concludes that "due to the time of year the survey was conducted, the two Brodiaea species should have been in flower if present.) Therefore notwithstanding that the surveys for these plants were inconclusive, the potential for any of these plants to be found within the footprint of the proposed project is extremely remote. Note that the majority of the site contains non- native plants. Under these circumstances, CEQA Guidelines §15126.2 and the previous surveys support the conclusion that no significant impact to these species would result from implementation of the project. Further, a preserve hardline has already been established and adopted by the City of Carlsbad, the U.S. Fish & Wildlife Service, and the California Department of Fish & Game. As indicated in the MND (p. 48), the proposed project does not encroach or impact vegetation within this hardline, as the project is proposed over the water and not within the hardline area, and is consistent with the HMP. As a result of these factors of consistency with the HMP hardline, new surveys are not necessary. • Bridge Use and Maintenance Impacts. With regard to the potential for biological impacts resulting from painting of the bridge, driving of maintenance vehicles across the bridge, and accommodating pedestrian use of the bridge; as previously mentioned, the bridge has been designed of weathering steel materials that will not require maintenance or painting. Additionally, the bridge is not intended for regular .. maintenance vehicle traffic, but rather for emergency access onto the lift station site as an alternative to driving through the EPS and proposed CECP property. Although the bridge has been designed of sufficient width .which could accommodate pedestrians, no plan is presently being considered to provide pedestrian access to or from the bridge. ffto POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 PageS The mere design of a bridge of sufficient width which could potentially accommodate pedestrians does not constitute a project proposing to provide a trail or otherwise pedestrian access to the site. Therefore, none of these issues necessitate analysis in the MND. 10. Comment: Hazardous Materials. The identified 12-foot wide emergency access route through the CECP site is insufficient. Response: The project applicant proposes the installation of public utility water and sewer lines along and adjacent to an existing parallel public utility line. These are critical utilities needed to accommodate the long-planned urban buildout of the Carlsbad/Vista section of coastal north San Diego County. For this project, the use of the minimum necessary- width of affected area (easement) is proposed. As indicated in the MND (p. 66 and other locations) the sewer line will be installed via underground tunneling (HDD) in order to avoid affecting the ground surface and avoid impacting the CECP site. Although the recycled water line will be installed via open trenching, the trenching for this line is expected to be only. 18" wide and estimated 3.5-feet deep. This open trench operation will be coordinated so as to not conflict with construction and operation of the CECP {MND p. 66). These are costly and time-consuming endeavors taken to avoid impacts to the CECP. These factors demonstrate the city's effort to take all feasible precautions to1 avoid negative impacts to the EPS and the CECP project. As indicated in the MND (p. 66), a permanent unobstructed, minimum 12-foot wide access route, which is standard emergency lane width, would be maintained at all times, during construction and permanently during operations, along the full length of this public utility easement for use by the EPS and CECP. A minimum 12-foot wide access is considered the standard minimum width necessary for fire trucks, and other of the largest anticipated emergency vehicles which would be expected to utilize the access. Therefore, based on the city's experience with emergency vehicle response and routing, a minimum 12-foot width is sufficient to meet the anticipated needs for unobstructed, thorough access to and through the site. It is not necessary that the CEQA document provide specifics as to the exact surface material for the minimum 12-foot wide access. The present material of the easement surface is natural soil, which presumably has accommodated EPS operations, and heavy haul vehicles for decades. If NRG desires an alternative surface material, the city would discuss and consider accommodating such request. 11. Comment: Traffic. Construction traffic ADT is underestimated because it projects only 1 ADT per construction truck trip during construction. Also, the evaluation of closing traffic lanes on Cannon, PAR andAvenida Encinas is inadequate. Response: The city does not agree that the industry standard for construction trucks is the equivalent of 2.5 ADT as opposed to a standard trip of one ADT. Nonetheless, the city is making substantial effort to avoid impacts to the surrounding public roadways. For example, the proposed project will not be conducting any construction within Cannon Road except for a 1 or 2 day pipeline tie-in of the recycled water line to the existing line. This work will be coordinated around the short-term truck activity associated with the haul trucks soil export. Traffic POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 9 projections are, by nature, estimates. Regardless of the exact number of projected construction ADT, it is a fraction of the current ADT volumes on Cannon Road, 1-5 and other major roadways in the area. The difference in ADT on Cannon Road between the 2.5 ADT/truck and one ADT/truck would result in a maximum project increase of 0.0048% in the projected ADT count during the limited lift station excavation period (estimated 60 days on MND p. 98). This is not a significant impact. The MND (on p. 98) clarifies that sewer pipeline installation across Cannon Road and Palomar Airport Road is proposed via underground tunneling construction methods (HDD) in order to minimize traffic disruption. The open trenching necessary for the recycled water line across the Cannon Road and Palomar Airport Road intersections will take place in one-lane segments so that only a single lane is closed to traffic during this limited time (estimated 3 days). It is also expected that some of this work may be done during nighttime hours to minimize disruption to traffic flow and business operations. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. All feasible efforts are being made by the city to minimize traffic impacts on public roadways from construction of the project. The comment letter also states that the MND traffic analysis fails to take into account the fact that some of the referenced roadways in the area (Cannon Road, Palomar Airport Road and Avenida Encinas) already operate at LOS D and presumably any additional construction traffic could tip the roadways into LOS £, which is an unacceptable level. Standard traffic impact analysis does not use short-term construction to determine significance of permanent impacts or permanent mitigation improvements. Traffic improvements and circulation plans are not based on temporary construction impacts. 12. Comment: Growth Inducement. The sewer line is growth inducing. Response: Rather than being growth inducing, the proposed project responds to expected growth in the cities of Carlsbad and Vista per each city's adopted General Plans (MND p. 94). Buildout land uses in the City of Carlsbad are controlled by the City of Carlsbad General Plan and Growth Management Program. The City of Carlsbad Growth Management Program places strict limits on future growth and requires that adequate facilities are built to serve anticipated growth. The proposed project is not an inducement for further growth beyond the growth already officially authorized by policy documents adopted by these cities. 13. Comment: Cumulative Impacts. Cumulative impact analysis is vague. Aesthetics analysis failed to address two new bridges (NCTD), Biology assumed many of the cumulative projects do not have to comply with the HMP and the GHG impact is speculative. Many of the projects also do not have to comply with local noise ordinances. The cumulative traffic analysis is inadequate due to variable project scheduling factors. Response: The city's goal in the MND Cumulative Impacts analysis was to provide an analysis of impacts based on reasonable assumptions based on facts that frequently required some level of speculation, because some of the cumulative projects are at an early stage of planning. The analysis was also provided in light of CEQA Guidelines §15064(h)(4), which states "The mere existence of significant cumulative impacts caused by other projects alone shall not constitute POP 00-02(C)/SP 144{L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 10 substantial evidence that the proposed project's incremental effects are cumulatively considerable." With these factors in mind, the following are specific responses to the bullet point comments listed under Cumulative Impacts: • Aesthetics. As previously mentioned, the proposed bridge across the lagoon channel will replace an existing bridge which will be removed. This is assessed cumulatively on MND p. 111. The NCTD double tracking and bridge was assessed in this analysis. • Biology. While it may be true that some aspects of one or more of the proposed cumulative projects in the area are not required to specifically comply with the city's HMP, the HMP is the singular detailed policy document against which to assess minimization and avoidance of significant biological impacts within the City of Carlsbad. In the event that an aspect of a subsequent project did not comply with the HMP, analysis of significance of that project's non-compliance would be analyzed through the CEQA review of that project. No reasonable way exists at this time to assess non-HMP compliant projects when the projects have not yet been fully planned or designed. Per CEQA Guidelines §15064(h)(4), CEQA does not require that a project that does comply with biological preservation policies be penalized for an adjacent project's possibility of future non-compliance. Thus, the cumulative impacts analysis conducted in the MND is in compliance with CEQA. • Greenhouse Gas Emissions. In consideration of the level of greenhouse gas pollutants to be emitted from the proposed project, the analysis conducted for the project was adequate for purposes of CEQA analysis. As indicated on MND p. 58, this analysis included an emissions inventory model run of the project construction, and used the adopted EPA N2O conversion ratio to determine greenhouse gas emission contribution. The conclusion drawn is that the greenhouse gas emissions are insignificant. The project analysis did not rely upon the CECP analysis to draw its conclusion, as suggested in the comment letter. • Noise. While it may be true that some aspects of one or more of the proposed cumulative projects in the area are not obligated to comply with the city's noise regulations, this factor does not affect the analysis of the proposed project. Indeed, as with biological impacts; analysis of significance of any peripheral project's non- compliance with the City of Carlsbad Noise policies would be analyzed through the CEQA review of that project. No reasonable way exists at this time to assess non-HMP compliant projects when the projects have not yet been fully planned or designed. As previously noted, CEQA does not require that a project that complies with noise policies be penalized for an adjacent project's possibility of future non-compliance. • Traffic. This comment suggests that since there are no assurances of non-concurrent construction of all projects, or concurrent construction of all projects, then the conclusion cannot be drawn that the cumulative traffic impacts will be insignificant, CEQA'Guidelines §15151 requires only that "a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive..." In consideration of this factor, the city has made reasonable assumptions that, in consideration of all known factors, are reasonable and accurate. Thus, the MND analysis concludes that no significant cumulative traffic impacts will result from the project. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 11 _ _ _. _ _ _ Please consider the above responses to your comments. The city concludes that the MND is legally adequate and consistent with' CEOA and the proposed project design is consistent with that provided to and discussed with NRG staff over the years. Furthermore, the proposed project design will not have any significant effect on the environment since all potentially significant impacts resulting from the project have been mitigated to a level of insignificance. Sincerely, DON NEU City Planner Ron Ball, City Attorney Jane Mobaldi, Assistant City Attorney Ronald Kemp, Deputy City Attorney Bill Plummer, Deputy City Engineer Terry Smith, Senior Civil Engineer David de Cordova, Principal Planner Pam Drew, Associate Planner 394 State of California -The Natural Resources Agency DEPARTMENT OF FISH AND GAME South Coast Region 3883 Ruffin Road San Diego, CA92123 (858) 467-4201 www.dfg.ca.gov August 31, 2011 Ms. Pam Drew Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 EDMUND G. BROWN. Jr. Governor JOHN McCAMMAN, Director CITY OF CARLSBAD SEP 01 2011 JPLAJ^INS DEPARTMENT! Subject: Comments on the Draft Mitigated Negative Declaration for the Agua Hedionda Sewer Lift Station; Gravity & Force Mains Project, Carlsbad, San Diego County, CA (SCH# 2010081053) Dear Ms. Drew: The California Department of Fish and Game (Department) has reviewed the draft Mitigated Negative Declaration (MND) dated July 23, 2011, for the Agua Hedionda Sewer Lift Station; Gravity and Force Mains Project. The comments provided herein are based on information provided in the draft MND and associated documents (Including the Master Sewer Update for the City of Carlsbad (City) prepared by the City dated March, 2003, and the Habitat Management Plan for Natural Communities in the City, prepared by the City dated November, 2004), our knowledge of sensitive and declining vegetation communities in the County of San Diego and our participation in regional conservation planning efforts. The Department also acknowledges and appreciates the City's willingness to extend the review period to August 31, 2011. The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA; Sections 15386 and 15281, respectively) and is responsible for ensuring appropriate conservation of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) and other sections of the Fish and Game Code. The Department also administers the Natural Community Conservation Planning (NCCP) Program of which the City is currently participating in by implementing its Habitat Management Plan (HMP). The proposed project is located within the City in northwestern San Diego County. Pipes associated with the project are located between the Pacific Ocean coastline (to the west) and the I-5 interstate freeway (to the east). The pipes extend from the north side of Agua Hedionda Lagoon to approximately 500 feet south of Chinquapin Avenue and east of the railroad trackSi (within the railroad right-of-way) and ends at the Encina Water Pollution Control Facility. The proposed project involves the installation' of a sewer trunk line (3,960-foot long force main and 8,420-foot long gravity sewer line). Additionally, a sewef lift station (50 million gallons/day capacity) and a sewer support bridge (140 foot weathered steel span) will be built near the Agua Hedionda channel. The proposed . project extends a total distance of approximately 12,380 linear feet (2.35 miles) in the north-south direction. The project proposes a number of associated improvements in the same work area, including installation of a recycled water line, replacement of a portable Conserving CaCifomw's WifXCife Since 1870 Ms. Pam Drew August 31, 2011 Page 2 of 3 water line, the demolition of an existing sewer lift station and concrete overflow basin. Additionally the project proposes demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridge. The proposed project site will be located within the North County Transit District's (NCTD) railroad right-of-way, NRG Energy and San Diego Gas and Electric's property, and within the existing public right-of-way on Avenida Encinas Avenue. The Department is generally in agreement with the proposed mitigation measures for the project and analysis provided in. the MND. However, we have comments that should be addressed prior to the adoption of the- CEQA document. 1. The MND's biological mitigation measures include a discussion concerning biological monitoring before construction begins. However, the mitigation measures lack clear guidance concerning an adequate time period before construction for bird surveys to be initiated. Therefore, the Department offers the following suggestion. If project construction is necessary during the bird breeding season, a qualified biologist should conduct a pre-construction survey for nesting birds, within three days prior to work in the area, and ensure no nesting birds in the project area would be impacted by the project. The Department recommends that Mitigation Measure BIO 5 be edited to incorporate the changes indicated below. BIO 5 Prior to the commencement of any ground-disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a preconstruction (£ 3 days) biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate with (typically 500 feet), as determined by a monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (tree shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. 2. Table 11 (page 108) entitled "Cumulative Projects", discusses potential impacts of multiple projects within the nearby vicinity. Project 4 NCTD, located within this table concludes that "The project will necessitate an additional bridge across the lagoon channel". With this in mind the Department would recommend that the project applicant consider working with other known projects (e.g. NCTD) in the area to ensure that the proposed Agua Hedionda Bridge will be built to accommodate not only current needs but also future needs. Therefore, frequent channel widening projects would not affect the ecosystem by disrupting and diminishing sensitive, threatened, or endangered species (e.g. chaparral) and other organisms. Ms. Pam Drew August 31,2011 Page 3 of 3 3. Table 3 of .the MND, (page 39) entitled "Sensitive Plant and Animals Potentially Present in the Project Area", contains a summary of survey information within the project area. Due to out of season survey results, no presence/absence conclusions were conducted for some species. Therefore, the Department recommends that appropriate in season field surveys (particularly those for Brodiaea filifolia, Brodiaea orcutti, and Muilla Cleveland!!) be conducted for plant and animal species. Additionally, surveys should be conducted within one year of the project start date. 4. Due to the proximity of the proposed project, the Department recommends that an adequate sewage spill contingency plan should be designed which takes into consideration the nearby Agua Hedionda Preserve, Agua Hedionda Lagoon and nearby Pacific Ocean. Additionally, the Department recommends that the contingency plan should be referenced in the MND. We appreciate the opportunity .to comment on the MND for this project and to assist the City in further minimizing and mitigating project impacts to biological resources by ensuring that the proposed project is consistent with CEQA and the City's HMP. If you should have any questions or comments regarding this letter, please contact Bryand Duke of the Department at (858) 637-551 1 or bduke@dfg.ca.gov). Sincerely, JA*.Edmund Pert Regional Manager South Coast Region cc: Janet Stuckrath, USFWS, Carlsbad Bryand Duke, CDFG, San Diego '<£t$gfe CITYOF . ' 'VCARLSBAD Planning Division www.carlsbadca.yov September 12, 2011 Edmund Pert, Regional Manager California Dept. Fish & Game South Coast Region 3883 Ruffin Road San Diego, CA 92123 RE: COMMENTS ON DRAFT MITIGATED NEGATIVE DECLARATION AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER POP 00-02(C)/SP 144(L)/RP 10-26/CDP10-17/HDP 10-05/SUP 10-02/HMP 10-03 Dear Mr. Pert: . Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Agua Hedionda Sewer Lift Station and Gravity and Force Main project. The following are excerpts of your comment letter dated August 31, 2010, along with and the city's responses. Comment #1: The Department recommends that Mitigation Measure BIO 5 be edited to incorporate the changes indicated below: BIO-5 Prior to the commencement of any ground-disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a ^reconstruction (£ 3 days}, biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest is no longer active. Implementation of this measure shall be verified by the City. Response: The city will modify Mitigation Measure BIO-5 as recommended. Comment #2: Table 11 (page 108) entitled "Cumulative Projects", discusses potential impacts of multiple projects within the nearby vicinity. Project 4 NCTD, located within this table concludes that "The project will necessitate an additional bridge across the lagoon channel". With this in mind the Department would recommend that the project applicant consider working with other known projects (e.g. NCTD) in the area to ensure that the proposed Agua Hedionda Bridge will be built to accommodate 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 « *. POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011- Page 2 not only current needs but also future needs. Therefore, frequent channel widening project would not affect the ecosystem by disrupting and diminishing sensitive, threatened, or endangered species (e.g. chaparral) and other organisms. Response: Please be aware that during the NCTD "double-tracking" planning phase, NCTD notified the city that their bridge could not accommodate the sewer pipeline. The "double-tracking" bridge is presently under construction and is slated to be complete and usable by December, 2011. Under these circumstances, the opportunity does not exist to provide multiple use of the NGTD bridge. However, a significant effort has been made to design the proposed sewer line bridge to accommodate all potential prospective needs so that future crossing structures of the channel are not necessary. The proposed bridge will house the proposed 54-inch sewer line pipe within the horizontal housing of the bridge structure. But the bridge will additionally be constructed of sufficient size and strength to also accommodate a necessary 12-inch recycled water line, a the 6-inch potable water line, an emergency maintenance vehicle crossing road, a 12-inch high-pressure gas line and a potential future pedestrian trail. Thus the proposed bridge will be able to accommodate all of the known utilities and uses intended to cross at this channel location. Comment #3: Table 3of the MND (page 39) entitled "Sensitive Plant and Animals Potentially Present in the Project Area", contains a summary of survey information within the project area. Due to out of season survey results, no presence/absence conclusions were conducted for some species. Therefore, the Department recommends that appropriate in season field surveys (particularly those for Brodiaea filifolia, Brodiaea orcutti, and Muilla clevelandii) be conducted for plant and animal species. Additional surveys should be conducted within one year of the project start date. Response: Narrow Endemic plants such as Brodiaea filifolia and Muilla clevelandii are typically found in grassland areas. In Carlsbad, these grasslands have historically been the subject of man-made activities, such as low-intensity farming, grazing or cutting. Brodiaea filifolia can only be observed when they are in flower, during mid-Spring, typically the month of May, and only in years after which the winter had a high rainfall total. Brodiaea orcutti is typically found in or on the edge of vernal pools. Biological data indicates that is not anticipated that these plant species would occur in any location affected by the subject project. The only potential possibility would be in the location of the proposed lift station, however this area is covered with a canopy of eucalyptus trees, and therefore no grasslands have grown or would be expected to grow under this canopy. The Biological Assessment for the project indicates that species listed in the HMP (such as Thread-leaf brodiaea, Orcutt's brodiaea, San Diego ambrosia, Del Mar Mesa sand aster and San Diego goldenstar were specifically surveyed and not found (Planning Systems 6/5/09). The Biological Assessment also concludes that "due to the time of year the survey was conducted, the two Brodiaea species should have been in flower if present.) Therefore .notwithstanding that the surveys for these plants were inconclusive, the potential for any of these plants to be found within the footprint of the proposed project is extremely remote. Note that the majority of the site contains non-native plants (see photo below). Under these circumstances, CEQA Guidelines §15126.2 and the previous survey support the conclusion that no significant impact to these species would result from implementation of the project. 3QL PDF 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 3 ' • Looking northeast at proposed sewer lift station location Comment #4: Due to the proximity of the proposed project, the Department recommends that an adequate sewage spill contingency plan should be designed which takes into consideration the nearby Agua Hedionda Preserve, Agua Hedionda Lagoon and nearby Pacific Ocean. Additionally, the Department recommends that the contingency plan should be referenced in the MND. Response: The sewer lift station is equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional blackout, emergency power will be provided by a built-in onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all lift station facilities. The generator has the capacity to store enough fuel for 24 hours of operation.. In addition, lift station configuration includes two independent pumping elements providing mechanical redundancy, ensuring that equipment failures do not result in sewage spills. In the event that a total mechanical failure occurs on either side, the station remains operable with 100% pumping redundancy of the projected ultimate peak dry weather flows and 50% redundancy of the ultimate peak wet weather flow conditions. Further, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plans to reduce flow into the station (upstream lift stations contain storage volume) if an emergency were to occur. The upstream pipe also contains a significant amount of passive storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Also, the new project adds a parallel pipeline for further reliability. This pipeline is made of high-density polyethylene which is resistant to both internal and external corrosion. In addition, the City of Carlsbad has adopted an emergency response plan (contingency plan) for each of its sewer lift stations, including the existing SLS, as required by the City's "Sewer System Management Plan", adopted July 21, 2009 and the State of California's General Waste Discharge Requirements for Sanitary Sewer Systems (Order No. 2006-0003). POP 00-02{C)/SP 144{L)/RP 10-26/HDP 10-05/HMP 10-03-AG UAH EDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 12, 2011 Page 4 Furthermore, during construction, Mitigation Measure BIO-11 requires preparation of a specific Spill Contingency Plan which will include containment criteria and/or removal contaminants in the event of accidental discharge of pollutant or fluids, including sewage. This contingency plan is referenced in the MND. Thank you again for your comments. Sincerely, . DON NEU City Planner c: Bill Plummer, Deputy City Engineer Terry Smith, Senior Civil Engineer David de Cordova, Principal Planner Pam Drew, Associate Planner 1 RESOLUTION NO. 2011-277 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING HILLSIDE 3 DEVELOPMENT PERMIT HDP 10-05 AND HABITAT MANAGEMENT PLAN PERMIT HMP 10-03 FOR THE 4 CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION 5 (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND 6 WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 8 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 9 CASE NO.: HDP 10-05/HMP 10-03 10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law to consider Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP14 10-03, and adopted Planning Commission Resolutions No. 6758 and 6760, recommending approval of Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP16 10-03, respectively; and WHEREAS, the City Council and Housing and Redevelopment Commission held18 a joint public hearing on March 8, 2011, to consider approval of the project; and WHEREAS, the Planning Director requested a continuance of the project to give 2< staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. 22 Ronald W. Rouse, special counsel to NRG Energy, Inc.; and 23 WHEREAS, after staff's presentation and public testimony, the City Council and 24 Housing and Redevelopment Commission kept the public hearing open to allow new information 25 and testimony to be received since the March 8, 2011 meeting and continued the matter for 26 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 27 28 1 WHEREAS, staff completed and mailed the response letter, dated April 12, 2011 2 to Mr. Ronald W. Rouse; and 3 WHEREAS, at the City Council and Housing and Redevelopment Commission 4 joint public hearing on April 26, 2011, the Planning Director requested additional time to 5 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and 6 Housing and Redevelopment Commission joint special meeting; and 7 WHEREAS, staff has completed further environmental analysis and included 8 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 9 3) Noise, and 4) Mandatory Findings of Significance; and 10 WHEREAS, additional mitigation measures were added and the MND/MMRP 11 document was re-circulated for a 30-day public review period; and 12 WHEREAS, the Planning Director rescheduled the application for the October 5, 13 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 14 and Housing and Redevelopment Commission; and 15 WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general '" manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida '' Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG, 1 O speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and 19 WHEREAS, staff's responses to both speakers are provided in the draft minutes 70 to the October 5, 2011 Planning Commission meeting; and 21 WHEREAS, the Planning Commission did adopt Planning Commission 22 Resolutions No. 6821 and 6823, recommending approval of the Hillside Development Permit 23 HDP 10-15 and Habitat Management Plan Permit HMP 10-03; and 24 WHEREAS, Planning Commission Resolutions No. 6758 and 6760 are 25 superseded by Planning Commission Resolutions No. 6821 and 6823; and 26 27 28 1 WHEREAS, the City Council of the City of Carlsbad, on the 6th day of 2 December , 2011, held a duly noticed public hearing to consider the recommendation and 3 heard all persons interested in or opposed to the project. 4 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 5 Carlsbad, California, as follows: 1. That the above recitations are true and correct. 7 2. That the recommendation of the Planning Commission for the approval of » Hillside Development Permit HDP 10-15 and Habitat Management Plan Permit HMP 10-03 are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 6821 and 6823, on file with the City Clerk and incorporated herein , ^ by reference, are the findings of the City Council. "NOTICE TO INTERESTED PARTIES" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of 17 record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad 18 Village Drive, Carlsbad, CA. 92008. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 PASSED, APPROVED AND ADOPTED at a joint special meeting of the Citv 2 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 6th 3 day of December 2011, by the following vote, to wit: 4 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. 5 NOES: None. 6 ABSENT: None. 7 LORRAINE M. WOOD, City^cTerk / (SEAL) 8 MATf f^LL, Mayor 9n ATTEST: 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- (-//<£/ r 1 RESOLUTION NO. 517 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM 4 (MMRP) FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA 5 POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF 6 INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND 7 IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 8 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 9 CASE NO.: POP 00-02(CV SP-144(L)/HDP 10-05/HMP 10-03 10 The Housing and Redevelopment Commission of the City of Carlsbad, California, 11 does hereby resolve as follows: 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 13 Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law 14 to consider a MND and MMRP, and adopted Planning Commission Resolution No. 6753, 15 recommending adoption of the MND and MMRP; and 1" WHEREAS, the City Council and Housing and Redevelopment Commission held 1 7 a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of 18 the MND and MMRP; and 19 WHEREAS, the Planning Director requested a continuance of the project to give 20 staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. 21 Ronald W. Rouse, special counsel to NRG Energy, Inc.; and 22 WHEREAS, after staffs presentation and public testimony, the City Council and 23 Housing and Redevelopment Commission kept the public hearing open to allow new information 24 and testimony to be received since the March 8, 2011 meeting and continued the matter for 25 deliberations to its joint special meeting of Tuesday, April 26, 2011; and ^ f\WHEREAS, staff completed and mailed the response letter, dated April 12, 2011, 27 to Mr. Ronald W. Rouse; and 28 1 WHEREAS, at the City Council and Housing and Redevelopment Commission 2 joint public hearing on April 26, 2011, the Planning Director requested additional time to 3 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and 4 Housing and Redevelopment Commission joint special meeting; and 5 WHEREAS, staff has completed further environmental analysis and included 6 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 7 3) Noise, and 4) Mandatory Findings of Significance; and 8 WHEREAS, additional mitigation measures were added and the MND/MMRP 9 document was re-circulated for a 30-day public review period; and 10 WHEREAS, the Planning Director rescheduled the application for the October 5, 11 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 12 and Housing and Redevelopment Commission; and WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and 1' WHEREAS, staff's responses to both speakers are provided in the draft minutes 1 O0 to the October 5, 2011 Planning Commission meeting; and 1Q WHEREAS, the Planning Commission did adopt Planning Commission 20 Resolution No. 6816, recommending adoption of the MND and MMRP; and 21 WHEREAS, Planning Commission Resolution No. 6753 is superseded by 22 Planning Commission Resolution No. 6816; and 23 WHEREAS, the Housing and Redevelopment Commission of the City of 24 Carlsbad, on the 6th day of December , 2011, held a duly noticed public hearing to 25 consider the recommendation and heard all persons interested in or opposed to the MND and MMRP. 27 28 -2- 1 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. That the recommendation of the Planning Commission for the adoption of the MND and MMRP are adopted and that the findings of the Planning 5 Commission contained in Planning Commission Resolution No. 6816, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 7 "NOTICE TO INTERESTED PARTIES" o The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or , „ other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; ,, however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 12 or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the 14 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. PASSED, APPROVED AND ADOPTED at a joint special meeting of the Housing 16 and Redevelopment Commission and City Council of the City of Carlsbad on the 6th day of 17 December 2011, by the following vote, to wit: 18 AYES: Commission Members Hall, KUlchin, Blackburn, Douglas, Packar 19 NOES: None. 20 ABSENT: None. 21 " MAtTflALL, 'Chairman 23 " 24 LrSXHILDABRAND, Secretary 26" 27 28 1 RESOLUTION NO. 518 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 APPROVING REDEVELOPMENT PERMIT RP 10-26 FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND 4 ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED 5 NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD 6 COASTAL REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. 7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 8 REPLACEMENT PROJECT CASE NO.: RP 10-26 9 The Housing and Redevelopment Commission of the City of Carlsbad, California, does hereby resolve as follows:11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law to consider Redevelopment Permit RP 10-26, and adopted Planning Commission Resolution No. 6756, recommending approval of Redevelopment Permit RP 10-26; and WHEREAS, the City Council and Housing and Redevelopment Commission held16 a joint public hearing on March 8, 2011, to consider approval of the project; and WHEREAS, the Planning Director requested a continuance of the project to givelo staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc.; and 2, WHEREAS, after staff's presentation and public testimony, the City Council and 22 Housing and Redevelopment Commission kept the public hearing open to allow new information 2~> and testimony to be received since the March 8, 2011 meeting and continued the matter for 24 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 25 WHEREAS, staff completed and mailed the response letter, dated April 12, 2011, 26 to Mr. Ronald W. Rouse; and 27 WHEREAS, at the City Council and Housing and Redevelopment Commission 28 joint public hearing on April 26, 2011, the Planning Director requested additional time to 1 complete further CEQA analyses due to public testimony at the March 8, 2011 City Council and 2 Housing and Redevelopment Commission joint special meeting; and 3 WHEREAS, staff has completed further environmental analysis and included 4 clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 5 3) Noise, and 4) Mandatory Findings of Significance; and 6 WHEREAS, additional mitigation measures were added and the MND/MMRP 7 document was re-circulated for a 30-day public review period; and 8 WHEREAS, the Planning Director rescheduled the application for the October 5, 9 2011 Planning Commission meeting for a new hearing for a recommendation to the City Council 10 and Housing and Redevelopment Commission; and 11 WHEREAS, two speakers provided public testimony: 1) Ivan Mendelson, general 12 manager of Toyota Carlsbad had a concern regarding any proposed road closure on Avenida 13 Encinas during construction, and 2) George Piantka, Environmental Business Director for NRG, 14 speaking on behalf of Cabrillo Power, LLC, expressed five concerns about the project; and 15 WHEREAS, staff's responses to both speakers are provided in the draft minutes 16 to the October 5, 2011 Planning Commission meeting; and 1' WHEREAS, the Planning Commission did adopt Planning Commission 1 O Resolution No. 6819, recommending approval of the Redevelopment Permit RP 10-26; and 19 WHEREAS, Planning Commission Resolution No. 6756 is superseded by 20 Planning Commission Resolution No. 6819; and 21 WHEREAS, the Housing and Redevelopment Commission of the City of 22 Carlsbad, on the 6th day of December , 2011, held a duly noticed public hearing to 23 consider the recommendation and heard all persons interested in or opposed to the project. 24 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 25 Commission of the City of Carlsbad, California, as follows: 26 1. That the above recitations are true and correct. 27 28 -2- 1 2. That the recommendation of the Planning Commission for the approval of Redevelopment Permit RP 10-26 is approved and that the findings and 2 conditions of the Planning Commission contained in Planning Commission Resolution No. 6819, on file with the City Clerk and 3 incorporated herein by reference, are the findings of the Housing and Redevelopment Commission. 4 "NOTICE TO INTERESTED PARTIES" 5 The time within which judicial review of this decision must be sought is governed 6 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or 7 other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; 8 however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost " or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 1(^ record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the 11 proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 13 PASSED, APPROVED AND ADOPTED at a joint special meeting of the 14 Redevelopment Commission and City Council of the City of Carlsbad on the 6th day of December 2011, by the following vote, to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packar 17 NOES: None. 1 8 ABSENT: None. 19 20 21 22 ATTEST: 23 27 MATT KALI, Chairma LISA HILDABRAND, Secretary (SEAL) 24M 25 26 28 -3- AGUA HEDIONDA LAGOON SITEMAP NOT TO SCALE Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project POP 00-02(C) / SP 144(L) / RP 10-26 / HDP 10-05/HMP 10-03 The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No.0 P.C. AGENDA OF: February 2, 2011 Application complete date: November 30,2010 Project Planner: Pam Drew Project Engineer: David Rick SUBJECT: PDF QQ-02(CVSP 144(LVRP 10-26/CDP 10-17/HDP 10-Q5/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer -line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe-support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Avenida Enemas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way on Avenida PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 .- AGUA HEDIONDA SEWER LIFT . STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2,2011 Page 2 Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1,3, and 22. I. RECOMMENDATION That the Planning Commission: 1) ADOPT Planning Commission Resolution No. 6753 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 RECOMMENDING APPROVAL of Precise Development Plan Amendment (PDP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6757 and 6759 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project involves the installation of a sewer trunk line in a north-south direction, a mostly underground,, sensitively designed SLS (50 mgd capacity), a modern, attractive sewer support bridge (140-foot weathered steel span), pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, specifically segments VC11, VC12, VC13, VC14, and VC15, and associated sewer force main and gravity piping, including a 6-inch potable water line and a 12- inch recycled water line. These sewer segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional EWPCF. The new line will be located primarily within and along the SDNR railroad right-of-way and Avenida Encinas right of way to the west of the I- 5 freeway. The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rail Trail, a separate, future project in this area. The proposed improvements are necessary as a replacement for or are in addition to the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. Table 1 below shows the current, proposed, and anticipated build-out sewer flows: PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 ~ AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 3 . TABLE 1 Current &Proposed (Build-Out) Wastewater Flow & Capacity Average Dry Weather Flow (ADWF) Peak Dry Weather Flow (PDWF) Peak Wet Weather Flow (PWWF) Capacity Current lOmgd 15mgd 25 mgd 30 mgd Proposed (Build-out) 14 mgd 21 mgd 33 mgd 50 mgd III. PROJECT DESCRIPTION AND BACKGROUND The project will remove and replace the existing sewer lift station and pipe support bridge and will install approximately 1,400 linear feet of 54-inch sewer pipe to the north of the new lift station location. The project will also include the construction of 3,960 linear feet of 30-inch force main and approximately 7,020 feet of 54-inch gravity sewer south of the new lift station location. While the existing 42-inch line north of the existing lift station will be abandoned and a portion removed, the existing 42-inch line south of the existing lift station is in sufficiently good condition that it will remain in place as a parallel line to the new force main/gravity sewer to be constructed south of the new lift station. The existing line to remain in place will handle low and average volume sewer flows. Related utility relocations include the option of relocating approximately 380 feet of natural gas transmission pipe. The owner of this gas transmission pipe (SDG&E) is presently undecided on whether to relocate this pipe from its present support trestle bridge structure across the lagoon channel to the proposed sewer line support bridge; and to thus demolish and remove the existing gas line support bridge. Nonetheless, it is included in this project and the environmental impacts associated with the gas line relocation and trestle bridge removal were included in the environmental analysis so that if SDG&E decides to relocate the gas line and remove the trestle bridge structure, the environmental review of this segment of the project has been completed. Also proposed within the work area and in an alignment parallel to the sewer line is a 12-inch recycled water line which will run from the north end of the project area to the south end (total 12,460 ft). This line will transport pressurized recycled water to the northern sections of Carlsbad from the Carlsbad Water Recycling Facility, located next to the EWPCF. This recycled line will be installed on primarily the east side of the sewer pipe. It is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line. Completion of the reminder will occur as additional funding becomes available. Further information about project description, construction phasing, staging areas, traffic control, grading, and other related details are included as Attachment 12. Jurisdictional Authority. Because of its location and geographic reach, the project will require permits from a number of jurisdictions in addition to the city-issued permits. The following paragraphs summarize the required permits and issuing authority. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2,2011 Page 4 Planning Commission • Coastal Development Permit (CDP) for the section of the project south of Cannon Road. • Special Use Permit (SUP) for any construction or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridge pilings which presently are within the lagoon channel (the new bridge support abutments will be constructed on the lagoon bank and a minimum of 10-feet above the 100-year flood zone). Housing and Redevelopment Commission (upon Planning Commission Recommendation) • Redevelopment Permit (RP) for all structures proposed within the South Carlsbad Coastal Redevelopment Plan (SCCRP). Proposed improvements within the EPS property to slightly south of Cannon Road are within the SCCRP. City Council (upon Planning Commission recommendation) • Habitat Management Plan Permit (HMP) for the impacts to native habitat necessitated by the construction of the pipe support bridge abutments. • Hillside Development Permit (HDP) for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. • Precise Development Plan (PDP) Amendment and a Specific Plan (SP) Amendment for all structures proposed within the EPS property. • SP 144 Amendment for all structures proposed within the SP boundary. California Coastal Commission • Coastal Development Permit for all proposed work north of Cannon Road to the northern end of the project, including the SLS. This area is within the Agua Hedionda segment of the City's Local Coastal Program, where the California Coastal Commission has retained permitting authority. Resource Agencies • U.S. Army Corps of Engineers (Section 10 of the River and Harbors Act-404 Permit). • Regional Water Quality Control Board (Section 401 of the Clean Water Act - 401 Certificate). • California Department of Fish and Game (Section 1600 - Streambed Alteration Agreement) for the removal of the existing trestle bridge(s) and construction of the new bridge over the Agua Hedionda Lagoon channel. There are no unresolved issues. The staff recommendation approval with conditions is supported by the analysis as follows. IV. ANALYSIS A. Carlsbad General Plan; B. Title 21 (Zoning) and Precise Development Plan (PDP 00-02); 111 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 PageS C. Encina Specific Plan (Specific Plan 144); D. South Carlsbad Coastal Redevelopment Plan; E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II Segment and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code); G. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the Carlsbad Municipal Code); H. Habitat Management Plan; and I. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). A. General Plan The General Plan designates the EPS and adjacent SDG&E properties for Public Utility (U) uses. The General Plan Land Use Element describes this category of land use as applied to "...areas, both existing and proposed, either being used or which may be considered for use for public or quasi-public functions." The Land Use Element also states that U designation's "primary functions include such things as the generation of electrical energy, treatment of waste water, public agency maintenance, storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community." The proposed SLS and other project components in the "U" land use designation are consistent with this description, particularly in that they are designed to serve much of Carlsbad. The various pipelines proposed for the project are located within several different land use designations. Installation of pipelines is considered to be consistent with the Land Use Element in that pipelines are allowed in all General Plan land use designations. Further, since they would be placed underground, would be generally located in street and railroad right of ways, and would cause only limited, impacts to sensitive native habitats (pipe support bridge abutments), the proposed pipelines are consistent with General Plan policies requiring development to protect and enhance the City's environment, character, and image. In addition, staff finds the project is consistent with the General Plan as discussed below: a. The proposed SLS and additional sewer piping is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These elements are consistent with Land Use Element Growth Management and Public Facilities Goal A.I, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." b. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In PDF 00-02(C)/SP 144(L)/KP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 6 addition, the project would result in more efficient and reliable wastewater transport to the EWPCF. The project is consistent with the Lane Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." c. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or ocean views. In addition to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment." d. General Plan Circulation Element Scenic Roadway Policy C.I requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant fapade." The SLS as well as the pipe support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance. B. Title 21 (Zoning) and Precise Development Plan (PDF 00-02) Background The EPS site has a Public Utility (P-U) zoning, which implements the corresponding General Plan U land use designation. Section 21.36.020 of the Public Utility Zone lists permitted uses and structures, including wastewater treatment, disposal or reclamation facilities. Accordingly, as a proposal to enhance and replace the existing sewer lift station and related pipelines, the project is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "... until a precise development plan has been approved for the property." Consistent with this requirement, PDP 00-02 was approved in 2006 for the EPS and most recently amended in 2009 for changes to the desalination project (PDP 00- 02(B)). This PDP serves as the primary entitlement for the SLS. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page? The proposed SLS and appurtenances require an amendment to the POP. However, these amendments are relatively minor since there is an existing sewer lift station located on the EPS and acknowledged in the PDF and because the project is a permitted use in the P-U zone. The amendment primarily consists of updating the PDP text and graphics to recognize the new location of the proposed SLS and the removal of the existing sewer lift station and overflow basin. Other "housekeeping" changes are proposed to update the PDP contents (e.g., to reflect that the desalination plant is an approved, not proposed project) and list 'the various regulations applicable to proposals within it. No standards of the PDP would be changed by the proposal. The project complies with the requirements of the P-U zone and PDP 00-02(B). Attachment 13 is a table that provides a detailed analysis of project compliance with applicable development standards. C. Encina Specific Plan (SP 144) Adopted in 1971 and amended several times since, the Encina Specific Plan encompasses 680 acres and spans a two-mile distance from the Pacific Ocean to just east of Cannon Road near its intersection with Faraday Avenue, Within its boundaries are the EPS, Agua Hedionda Lagoon east and west of Interstate 5, and adjacent areas. Specific Plan 144(H), an action approved with the desalination project in 2006, incorporated PDP 00-02 by reference. The Specific Plan states that it must be amended if the PDF is amended. Since the proposed project would amend PDP 00-02, it triggers an amendment of the Encina Specific Plan. In 1998, the City Council adopted a Resolution of Intention (ROI Reso. No. 98-145), directing city staff to study and consider a comprehensive land use plan for properties within Specific Plan 144 (SP-144), The study was not done, but subsequent actions of the City Council reconfirmed that a comprehensive specific plan update is necessary, and that it should be applicant, rather than city-initiated. However, in 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the Specific Plan area be required to prepare a comprehensive update of the specific plan. This direction was revised in 2003, when the City Council passed Resolution 2003-208, allowed the PDP and Desalination Plant project to be processed as an amendment to the Encina Specific Plan 144 rather than through a comprehensive update of the specific plan. While the proposed SLS project is an improvement partially within SP-144, it is not subject to the comprehensive update requirement because-it does not trigger or significantly impact the land use, public access and other issues of concern identified in the 1998 ROI. Specifically, the project is not subject to the comprehensive update requirement for the following reasons: a. The project improves major regional infrastructure that cannot be feasibly relocated. The project will replace existing facilities which have reached the end of their useful life. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 PageS ' b. The lift station and pipelines are not significant new land uses; they would improve existing like facilities and would be constructed in.generally the same locations as those existing facilities. They would be located in an existing utility corridor bordered on the west side by the railroad. The majority of the pipeline portion of the project within SP-144 would be underground. Furthermore, care has been exercised in the design of above-ground structures such as the proposed lift station that features a low profile and partially buried structure and the replacement bridge for the sewer line. c. As a replacement and expansion of existing, like utility uses in generally the same location, the project would not represent a new, significant impediment to addressing the issues identified in the ROI, including land use and public access. d. The project proposes no changes to general plan land use or zoning designations or any conditions or policies of SP-144. e. As discussed in this section, the project complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines. f. The project would result in only minor changes to the latest adopted versions of the Encina Specific Plan and the PDF (SP-144(J) and PDF 00-02(8)) in the form of text and graphic changes that merely recognize the proposed improvements and make clarifications. Consistent with SP 144(J) and PDP 00-02(B), these minor changes are considered "formal amendments" to the documents. Since the project would not require a comprehensive update, it instead proposes an amendment to SP-144. The amendment enables the project to continue to be a part of SP-144 and subject to any future comprehensive review. As part of the amendment, the minor changes proposed to the SP-144 text and graphics reference and briefly describe the new SLS and PDF 00-02(C). Minor "housekeeping" revisions are also proposed to standardize references to SP-144 and note the City Council's requirement to comprehensively update the specific plan. Proposed revisions would also clarify the Council's discretion to waive or modify this update requirement as is recommended for this project by way of the amendment proposed. The proposed project complies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, and exterior lighting, as is discussed in detail in Attachment 13. ' D. South Carlsbad Coastal Redevelopment Plan The South Carlsbad Coastal Redevelopment Plan (SCCRP), adopted in 2000 and amended in 2005, establishes a 555-acre redevelopment area that includes the portion of the project from approximately the proposed SLS to Avenida Encinas, a few hundred feet south of the Cannon Road area. The SCCRP is in effect through 2030. The stated goals that are applicable to the project include: PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AQUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 9 • Eliminating blight and environmental deficiencies in the Redevelopment Project Area. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. • Developing new beach and coastal recreational opportunities. The project will achieve these key goals of the redevelopment plan by replacing an existing sewer lift station, which is blighted, under-sized, outdated and nearirig the end of its useful life. The project also includes the installation of a 12" recycled water line, which will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provide adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. Furthermore, the pipe support bridge over the Agua Hedionda Lagoon is being designed to accommodate the future Coastal Rail Trail through this area, which will allow pedestrians and bicyclists recreational opportunities adjacent to the lagoon and coast, SCCRP Section 527 requires all property within the Redevelopment Plan boundaries to be developed, redeveloped, or rehabilitated in conformance with the goals and provisions of the Plan and the requirements and regulations of the General Plan, Zoning Ordinance, and any other state or local requirements, such as guidelines and specific plans. Further, Section 601 indicates the permitted land uses within the Plan boundaries are those permitted .by the General Plan, Zoning Ordinance and all other state and local requirements. Exhibit C of the SCCRP lists proposed projects and infrastructure improvements and identifies "Commercial Rehabilitation and Economic Development Programs", which facilitate development of modern industrial, commercial, and utility facilities. An amendment to SCCRP Section 601 passed and adopted in November 2005, states that specific uses, including a "wastewater treatment plant" may be permitted in the Redevelopment Plan only if the Housing and Redevelopment Commission finds all of the following are satisfied: • The Commission approves a finding that the land use serves an extraordinary public purpose; • That the Commission approves a Precise Development Plan or other appropriate planning permit or regulatory document; and • That the Commission has issued a Redevelopment Permit. A Redevelopment Permit and Precise Development Plan are included in this project. As stated above, the Housing and Redevelopment Commission must also make a finding that the proposed project serves an extraordinary public purpose. Evidence to support making this finding is provided below. • As mentioned above the existing sewer lift station and pipelines, which was constructed in 1964 and rehabilitated in 1989, are under-sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2,2011 Page 10 future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities and features modern components to improve reliability and functionality. • The proposed project will be located to the east of the existing sewer lift station and thus further away from the lagoon to protect the sensitive resources in and adjacent to the lagoon. Furthermore, the. proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. • The proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle-style wood bridge(s), including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the site. • The lagoon channel bridge is being constructed to accommodate the future Coastal Rail Trail through this area, which will enhance recreational activities where none exist through this area. Overall, the proposed project does comply with the applicable goals and requirements of the SCCRP, including the finding of extraordinary public purpose. £. Local Coastal Program Review of Required Coastal Findings The project affects two parts of the City's Coastal Zone: the Mello II segment and the Agua Hedionda Land Use Plan segment. The latter segment encompasses the Encina Power Station, the lagoon, and property around the lagoon. Pipeline from the northern end of the project to Cannon Road, including the sewer lift station, are located in the Agua Hedionda Land Use Plan segment. Pipelines proposed south of Cannon Road are in the Mello II segment. Municipal Code Chapter 21.203, Coastal Resource Protection Overlay Zone, is also applicable to the project since the Overlay applies to all Coastal Zone properties. While the City has authority to issue the necessary CDP for pipelines in the Mello II segment, the California Coastal Commission (CCC) has retained the authority to issue the CDP north of Cannon Road, which includes the pipe support bridge and the SLS in the Agua Hedionda Land Use Plan segment. Staffs analysis of the project's compliance with the Local Coastal Program (LCP) includes review of this segment. Staff finds the proposed project is consistent with applicable Local Coastal Program policies as follows: • Coastal Act Compliance: o The project is located within the California Coastal Zone, specifically within the Agua Hedionda and the Mello II segments of the adopted LCP, The portion of the project PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 11 north of Cannon Road is in the Agua Hedionda segment, and south of Cannon Road is in the Mello II segment. While the Agua Hedionda Land Use Plan has been adopted by the City of Carlsbad, no Implementation Plan has been certified by the CCC to date, and thus the CCC retains coastal permit authority for improvements within this segment. The Agua Hedionda land uses are generally consistent with the Carlsbad General Plan land uses for the project alignment within the Agua Hedionda LCP segment, which allows the proposed underground infrastructure project within the public right-of-way on Avenida Encinas, south of Cannon Road. The proposed project is consistent with this policy. • Agua Hedionda Land Use Plan Segment: o Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts to marine resources as the proposed bridge structure will completely span the entire channel width. Furthermore, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. Once removed, the in-channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, there is a potentially beneficial impact to marine resources. o Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources, The project complies because it will not impact the biological production and the quality of Agua Hedionda Lagoon. In fact, the project will have a positive impact to biological resources particularly when compared to the existing facilities it will enhance and replace. Specifically, the project replaces outdated infrastructure and increases the redundancy, capacity, and reliability of the sewer system. Additionally, the proposed SLS will be located further from the lagoon when compared to its existing location and will incorporate measures to treat stormwater and site runoff during and after construction. Finally, the proposed sewer support bridge spans the lagoon and features no in-water supports, unlike the current bridge it will demolish and replace. o Agua Hedionda LCP Coastal Act Policy 3Q240(a) Environmentally Sensitive Habitat Areas (ESHA), ESHA is defined in the Coastal Act Section 30107.5 as, "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The project complies because the project avoids impacts with sensitive habitats, with the exception of a small disturbed area of Diegan coastal sage scrub (DCSS) habitat. However the PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 12 DCSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered an environmentally sensitive habitat area, or ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.05 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, though the proposed sewer support bridge over the Agua Hedionda channel crosses identified hardline open space, it will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat, o Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because it will be sited and designed to prevent impacts which would significantly degrade Agua Hedionda Lagoon. o Agua Hedionda LCP Policy 1,9. This policy limits building heights to 35 feet. The SLS, the only project building, is partially buried to minimize its presence and has a maximum height of 25.5 feet. o Agua 'Hedionda LCP Policy 6.7. The project complies with this policy, which encourages the maintenance and expansion of lagoon recreational uses, by facilitating extension of the Coastal Rail Trail via the proposed sewer support bridge over the lagoon. • Mello II Segment: o Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. o Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System .(NPDES) permit and in the Standard Urban Stormwater Mitigation Plan (SUSMP). In addition, the city will include requirements in the CDP approval to allow inspection and maintenance of the BMPs, and the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill). BMPs are also proposed to treat site runoff following construction of the SLS. o Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. o Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 30-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 13 : sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. o Carlsbad LCP Mello IIPolicy 4-6 Sediment Control Practices. The project complies as sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. • Coastal Resource Protection Overlay Zone: o The project complies with Municipal Code Section 21.203.040 A. regarding preservation of steep slopes with native vegetation as it does not impact anyV such features. The SLS will be constructed into an existing hillside without native vegetation and the pipelines are proposed in roadways or already disturbed areas. o The project complies with Municipal Code Section 21.203.040 B. regarding drainage and erosion as the MMRP includes mitigation measures to address drainage, erosion control, sediment control and storm water quality, as set forth in the NPDES permit and other required standards and permits. o The project complies with Municipal Code Section 21.203.040 D. regarding development in liquefaction-prone areas as the MMRP includes a mitigation measure to address potential settlement due to seismically-induced liquefaction or later spread. F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code) The key purpose and intent of the Hillside Development Ordinance is to assure hillside conditions are properly identified and incorporated into the planning process, and to preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes of the land, minimizing the amount of project grading, especially in highly visible public places. The project is subject to this ordinance due to its proposed grading and construction of the SLS on the north- and west-facing slopes of Agua Hedionda Lagoon and installation of a new gravity sewer line and other infrastructure on both sides of an existing man-made slope just north of the lagoon, The reminder of the project is on flat or gently sloping topography and is not subject to the ordinance. The applicant has submitted the required slope analysis and profiles that identify the slope conditions. The project area in which the SLS is proposed consists of an existing manufactured slope with slope gradients over forty percent, and slope heights that exceed fifteen feet. The project does include grading of a portion of the slope with an inclination of greater than 40 percent; however, per Section 21.53.230 this only applies to natural slopes and not manufactured slopes. The hillside where the SLS will be constructed was manufactured, which is defined as a man-made slope consisting wholly or partially of either cut or fill material. As shown on Figure 2 of the Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3, 2009, the PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 14 : ; . lower pad area of the lift station site and adjacent 2:1 slope are manufactured from fill material that was likely dredged from the lagoon. In addition, the proposed alterations of this slope to accommodate the SLS have grading quantities that exceed 10,000 cubic yards per acre. However, per Section 21.95.140 D - Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the Hillside Development Ordinance's volume of grading as long as the proposed grading can be justified. As explained below, staff finds the proposed grading volumes acceptable as well as overall compliance of the project with hillside standards. In order to maintain the integrity of the existing hillside, the grading quantities proposed are necessary to enable the SLS structures to be constructed mostly below the surrounding finish grade level, which preserves the existing contours and elevation of the hillside. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily visible. The low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance and blend in with the surrounding vegetation. The project complies with the Hillside Development Ordinance as shown in Table C below: TABLE C: HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE STANDARD PROPOSED PLAN COMPLIANCE Grading volumes > 10,000 cu yds/acre allowed if the project qualifies as an exclusion or modification per Section 2 1.95. 130 and 21.95.140. Soil at the SLS will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the SLS location. Yes PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2,2011 Page 15 TABLE C: HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE CONTINUED STANDARD PROPOSED PLAN COMPLIANCE As mentioned above, per Section 21.95.140 D - Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the volume of grading requirements as long as the proposed grading is justifiable. Grading quantities are acceptable as they are proposed to allow the structures to fit into the hillside without changing the existing contours or reducing the elevation of the hillside. Further, the three sewer lift station structures will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls visible up to 25.5 feet above grade. Contour grading: Required for manufactured slopes greater than 200 feet in length and visible from a circulation roadway, collector street or usable public open space. The grading of the manufactured slope for the SLS will maintain the integrity of the existing slopes where possible. The backfilling of soil around the SLS will match the existing contours of the slope. Furthermore, the area to be graded for the SLS and the fill grading for the piping to the north of the Agua Hedionda Lagoon will be planted with drought tolerant native plants and/or hydro-seeded with native seeds to give the slopes a more aesthetically pleasing and naturally appearing look. Yes Screening of slopes.The structures would be low profile and have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades with stained earth tone colors that would look similar to existing conditions, and over time, the proposed drought resistant landscaping would mature and further soften the visual appearance of the structures. Yes Landscape manufactured slopes consistent with City's Landscape manual. A landscape plan has been provided and includes drought resistant native vegetation that will help screen and soften the structures. Yes PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 16 G. Special Use Permit (Fioodplain) Projects located within any area of special flood hazards must obtain approval of a Special Use Permit (SUP) by the floodplain administrator (the City Planning Commission). The intent of these regulations is to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas." The project does not propose any structures within the 100-year flood hazard area, but a SUP is required because of the bridge demolition work proposed over Agua Hedionda Lagoon. As mentioned previously, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. Optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. No equipment will be located in the lagoon. Once removed, the in-channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, it is determined that no impacts (and potentially a minute beneficial impact) to the 100-year flood hazard area would occur from implementation of the project. Therefore, the proposed project would be in compliance with the Floodplain Management Regulations. H. Habitat Management Plan Vegetation which would be impacted through implementation of the project includes Diegan Coastal Sage Scrub (unoccupied by the California gnatcatcher) (Habitat Group D), Non-native Grassland (Habitat Group E), Eucalyptus Woodland (Habitat Group F), Disturbed, Land (Habitat Group F), and Developed Land. Permanent impacts for the project will total 3.24 acres and temporary impacts will total 7.35 acres. Permanent impacts are those associated with the construction of the pump station facility, those impacted by permanent grading, and those associated with the Agua Hedionda channel bridge abutment and support foundation structures. This project is covered under the HMP, and therefore is eligible to mitigate upland habitat impacts through the Lake Calavera Mitigation Parcel. Mitigation measures are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 of the MMRP under Biological Resources, except that Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP IO-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 17 acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the demolished, filled-in existing lift station overflow basin, but could occur in a different location in the area. Through design and mitigation, the project avoids and minimizes impacts to habitat. With mitigation measures included in the project's MMRP, all identified impacts can be shown to be consistent with the HMP and reduced to a level of insignificance. Furthermore; the project is consistent with Municipal Code Chapter 21.210, Habitat Preservation and Management Requirements, and is conditioned consistent with the management, maintenance, and monitoring standards of Section 21.210.14. I. Growth Management The project alignment is located within Zones 1, 3 and 22 Local Facilities Management Plans (LFMP) areas. The pipe support bridge and piping to the north of the bridge are located in Zone 1. The SLS and piping to the south to Palomar Airport Road are located within Zone 3, and all piping south of Palomar Airport Road is within Zone 22. The zones identified above implement the Citywide Facilities and Improvements Plan and LFMPs for various geographic areas of Carlsbad. The LFMPs were adopted to ensure that growth occurred in concert with public facilities and service systems. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not include residential uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand that might result from commercial or other non-residential land uses. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. Replacement of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build-out demand of the service area, V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment determined the project has potentially significant impacts in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, land use, transportation/circulation, and mandatory findings of significance. To reduce, these potentially PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT ;• February 2, 2011 Page 18 significant impacts to a less than significant level, mitigation measures contained in the project's MMRP, are required. Based on the above, the City Planner issued a Notice of Intent to adopt a MND for the project on August 13,2010 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review (August 17, 2010 - September 16, 2010). One comment letter was received during the 30-day public review from Preserve Calavera. The comment letter, and staffs response to the letter, are included as part of the Planning Commission Resolution for the MND. The project was modified slightly after the public comment period to increase the proposed 4- inch potable water line to 6-inch per the City of Carlsbad Fire Department's requirements to have enough water pressure available to operate a proposed fire hydrant on the EPS site. The increase in the potable water line will allow for an additional 1,000 gallons per minute (GPM) of water flow to be delivered to the site in the event of a fire. The minor increase in pipe size and water flow does not require recirculation of the Mitigated Negative Declaration in accordance with CEQA Section 15073.5(c)(2), since the increase in the potable water line and water flow is only to accommodate a fire hydrant, and therefore does not constitute a significant project modification nor create a new avoidable significant effect. A memo stating the change to the EIA Part II is included as part of the Planning Commission Resolution for the MND. ATTACHMENTS; 1. Planning Commission Resolution No. 6753 (MND) 2. Planning Commission Resolution No. 6754 (PDP) 3. Planning Commission Resolution No. 6755 (SP) 4. Planning Commission Resolution No. 6756 (RP) 5. Planning Commission Resolution No. 6757 (CDP) 6. Planning Commission Resolution No. 6758 (HDP) 7. Planning Commission Resolution No. 6759 (SUP) 8. Planning Commission Resolution No. 6760 (HMP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Detailed Construction Phasing Description 13. Detailed Analysis of Project's Compliance with Applicable Development Standards 14. 8.5" x 11" Reduced Exhibits 15. 11" x 17" Reduced Exhibits "A" - "Y" dated February 2,2011 ATTACHMENT 12 Pagel Construction Details for Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project The project can be described in segments beginning from the upstream (north) end as indicated below. Project Description North Segment - North End to SLS Pipelines At the north end of the project, the existing approximate 1,400 ft. length of 42-inch gravity sewer pipe will be removed and replaced with a new 54-inch gravity sewer pipe, placed in effectively the same location as the removed line along much of this segment. This new pipe will connect to the existing VC-11 line coming from the north to collect sewage from the existing sewer trunk pipe at a point approximately 500-feet south of Chinquapin Avenue immediately east of the San Diego Northern Railroad (SDNR) tracks, within the railroad ROW. The line will then travel south from this northerly connecting point, within an existing berm that will be re-graded to widen and raise the berm height with fill soil an additional 3-feet in elevation. This additional grade is needed to provide sufficient soil clearance over the new (larger) pipe. This berm parallels the railroad tracks on their east side. As proposed, the sewer main will then travel southerly through the berm (adjacent to the existing YMCA facility), and cross over Agua Hedionda Lagoon on a new bridge to be constructed of weathering steel material and connect to the new SLS located on the northern end of the EPS site. The 12-inch recycled water line, and a 6-inch potable water line (which will replace an existing 3- inch line), will both be installed parallel to the sewer line along this route and also will attach to the new bridge. Proposed Support Bridges The proposed sewer line support bridge across the lagoon channel connecting the outer and middle basins of Agua Hedionda Lagoon will be held up by concrete bridge abutments, including associated retaining walls, on each side of the channel. With a horizontal clear span of 140-feet, and a clear height of approximately 17-feet above channel water level, the bridge will span the entire width of the channel. The bridge features a weathering steel material similar in material and appearance to the several golf cart bridges at The Crossings golf course. The 54-inch gravity sewer line will be semi- enclosed and partially visible within the horizontal housing of the bridge structure. However, the project has been conditioned to screen the pipe, either by painting the pipe to match the weathered steel color of the bridge or some type of screening wall within the bridge. The bridge will be constructed of sufficient size and strength to also accommodate the 12-inch recycled water line, the 6-inch potable water line, a maintenance vehicle crossing road, a 12-inch high-pressure gas line and the future Coastal Rail Trail. The maintenance vehicle road, which will also serve as the future trail, will feature 42-inch hand safety railing. The bridge abutments will have heights up to 23.5 feet to support the bridge on each side of the channel. These abutments will result in up to 2,400 square feet (each side) of visible concrete wall. Construction of the northerly bridge abutment will require relocation of 160 linear feet of the existing 12-inch natural gas line north of the bridge to connect back with the existing line south of the southerly abutment. The abutment walls will be stained earthtone colors to match the proposed SLS and include textured geometric patterns with anti-graffiti coating. Natural plantings will also be established in front of the walls in order to achieve a general visual blending with the surrounding natural landscape. However, the bridge will still be visible to motorists travelling southbound on 1-5, f ( ATTACHMENTS Page 2 from an approximate 1,600 foot distance, and from train passengers from a horizontal distance of approximately 90 linear feet away. As an option, SDG&E may relocate the gas line from its existing aged trestle bridge onto the new sewer line bridge. Approximately 20 linear feet of this gas line will also be relocated from its existing alignment and lowered 5-feet to cross under the proposed temporary 42-inch by-pass pipeline on the southern side of the lagoon. If it is decided to relocate the gas line alignment across the lagoon channel, the existing segment suspended directly above the channel water surface is expected to be demolished and removed once the gas line is realigned to suspend within the new bridge structure. Once the new sewer line is operational, the existing, aged bridge carrying the existing 42-inch sewer main across the lagoon channel will be removed from the site. Optionally, the high pressure natural gas transmission line support bridge will also be removed if the line is relocated to the sewer bridge. Demolition of Existing Support Bridge(s) The project also involves the removal of the existing trestle bridge structure which supports the existing 42-inch sewer pipe in the same approximate area of the channel. This bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set into concrete situated as deep as approximately 20-feet below the mud line on the bottom of the lagoon. Also, the four wood piles (telephone pole-type supports, two on land and two in the channel) cross- supporting the existing 12-inch high pressure gas transmission line may be removed from the channel if the gas line is relocated to the new bridge structure. Once removed, the piling holes will partially collapse and then fill with sand and sediment from the tidal action through the channel. SLS The new, replacement SLS will be located on an approximate 2.3 acre area on the north end of the EPS site, on property owned by the NRG Corporation. The SLS will replace the existing station in the approximate same area, which was constructed in 1964 and rehabilitated in 1989, and is nearing the end of its useful life. This existing lift station and its concrete overflow basin will be demolished and removed. The overflow basin will subsequently be filled with soil and vegetated with native or otherwise drought-tolerant vegetation. The new SLS will involve a series of three structures (two of which will be primarily underground). These structures will be constructed mostly underground in an area approximately 80 to 100-feet southeast of the existing station. These three structures are the main lift station, a smaller grinder facility, and a still smaller bio-filter (90% underground) structure. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily visible at heights up to 25.5 feet. The lift station structure will be stained earth-tone colors, with wall texturing for shadowing, and will include anti-graffiti coating. Landscaping will also enhance the SLS and soften its appearance. The landscape palette includes trees, shrubs, and ground covering. The SLS will be designed with two major sections; the "lift side", which serves to raise the incoming sewage vertically from an approximate incoming elevation of 18 feet msl up to 42-feet msl, and the "force main side", which will push the sewage horizontally down (southward) the proposed force main to connect to a new gravity line at a location south of Cannon Road in Avenida Encinas. The lift station is designed to convey the anticipated build-out demand of the line of 33 mgd (PWWF) of wastewater per day. The SLS structure will include the sewage pumps, a generator room, an electrical room, a bio-filter odor control system, a meter vault, a grinder facility, and accessory appurtenances. Noise abatement measures, including extensive insulation and sound enclosures will be provided. Multiple redundant features in facility design (sewage conveyance, power sources, etc.) f- y ATTACHMENT 12 PageS intended to avoid the risk of accidental sewage spill are included in the design. These redundant features include a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side which can independently pump dry weather flows, and back-up power redundancy including an on-site power generator. A black vinyl coated chain-link fencing and technological .and mechanized security, including security alarms, will surround the entire SLS facility site. Upon completion of the new SLS and pipelines, the old lift station will be demolished and removed. Middle Segment - Between SLS and Cannon Road The routine low and average volume sewage effluent flows exiting the lift station will flow down a 300-foot length of new 42-inch gravity connector line which will connect from the new lift station to a new junction with the existing southbound 42-inch gravity line. This existing 42-inch gravity line along this segment has been determined to be in satisfactory condition, and the routine (low and average volume) sewage flow will then utilize this existing 42-inch gravity line southward all the way to the EWPCF. As a result of this new lift station connection re-routing; an approximate 200- foot long segment of the existing 42-inch sewer line (situated between the existing lift station and the new junction location) will be abandoned in place. For higher sewage flows, however, a new 30-inch force main pipe will be installed parallel to the existing 42-inch connecting gravity pipe, from the lift station southerly approximately 3,960 feet to a point approximately 300-feet south of Cannon Road in Avenida Encinas, As indicated, it is intended that the existing 42-inch gravity line will carry the low and average-volume sewage flows, and the 30-inch force main line will be used for high flow periods only. This 30-inch sewer force main line will travel parallel to the existing 42-inch gravity line,- from the SLS south along an existing dirt access road within the Encina Power Plant property, across mostly vacant land owned by SDG&E, and into the north extension of the Avenida Encinas roadway stub street that serves the West Resort. The force main will then travel down the approximate middle of this stub street to cross Cannon Road within Avenida Encinas. The 30-inch force main will be installed via tfenchless construction tunneling techniques either by horizontal directional drilling (HDD) or micro-tunneling, and the 12- inch recycled water line will be installed via standard open trench construction. The HDD method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro-magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud" (bentonite clay slurry) will be pumped into the void behind the drill bit." Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. South Segment - Cannon Road to EWPCF The proposed sewer force main and 12-inch recycled water line will cross Cannon Road at its intersection with Avenida Encinas. Across (south of) Cannon Road, the force main will end and connect to a new 54-inch gravity sewer, which will travel south within the roadway center median of Avenida Encinas to the intersection with Palomar Airport Road. South of the Palomar Airport Road/Avenida Encinas intersection, the pipeline will travel down the southern extension of Avenida Encinas to a point where it will connect directly to sewer pipes extending into the existing EWPCF. f f ATTACHMENT 12 Page 4 With the exception of the weathering steel bridge structure and pipelines it supports over the Agua Hedionda Lagoon channel, the lift station structures, and sewer manhole covers, the project will be wholly underground. The project will occur along relatively level terrain, with ground surface elevation varying only between elevation 35-feet mean sea level (MSL) at the north end of the project and 30-feet MSL at the EWPCF. The SLS is proposed on an isolated area of sloping topography, with a proposed finish floor elevation of 32-feet MSL. Operational Details Odor Control The project will employ odor controls similar to those installed in similar with modern facilities within Carlsbad; however, the existing lift station does not have odor, control. Odor control treatment at the SLS will include bio-filtration air scrubbers. These features remove odors and volatile organic compounds from the sewage transport process. Sewer line manhole covers will be "sealed" as needed to not allow escape of gaseous vapors. Odor control performance will be constantly monitored and maintained by EWA and the City of Carlsbad sewer maintenance crews. Noise Control Presently, the primary noise source in the vicinity of the proposed project alignment is noise generated by vehicular traffic on 1-5, Avenida Encinas, Cannon 'Road, Palomar Airport Road and Carlsbad Boulevard, trains on the BNSF railroad tracks, and Encina Power Plan equipment. The land uses around the lift station are industrial (power generating plant) in nature, which is considered in the Noise Guidelines Manual as a "General Industrial, Manufacturing or Utilities" land use. Noise exposure levels for this use are higher than those allowed for residential uses, up to 80 dBA CNEL as being "conditionally acceptable". Furthermore, the lift station will include noise abatement features to address the noise that will emit from the supply and exhaust fans, air conditioning unit, and emergency generator(s). Noise abatement measures for this equipment will include sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. The below-grade design of the lift station will also serve to reduce noise impacts. As a result of these factors, the operational noise levels generated by the project are anticipated to comply with City of Carlsbad Draft Noise Guidelines Manual land use noise levels, the City permitted construction noise levels and hours, and County of San Diego Noise Policy standards. Water Quality Control With regard to water quality protections, the sewer pipelines will be placed underground in a non- porous pipe, and as a result no substantive post-development (permanent) Best Management Practices (BMPs) for the pipeline are necessary. The SLS however, is designed with site design BMPs consisting of source control and treatment control features in order to protect any adjacent downstream waters, such as Agua Hedionda Lagoon, from potential pollution. Specifically, the SLS site design BMPs will involve a multiple-treatment program, including four different main treatment systems, as follows: 1. Vegetated or river rock swale. A vegetated or river rock swale will be located to accept site drainage along the southeast side of the project. This swale will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and further filtration into the underlying soils. ATTACHMENT 12 PageS 2. Pervious surfaces. Pervious gravel or earthen cover will be utilized over a portion of the lift station site. These surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. 3. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to use the natural filtering ability of the soil to remove pollutants from site stormwater runoff. SLS Equipment Redundancy. The SLS is designed to handle full anticipated build-out demand (33 mgd PWWF) of the service area. The SLS design also incorporates extensive equipment redundancy for ensuring that equipment failures do riot result in sewage spills. The redundancy concept involves a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd providing 50% redundancy at PWWF conditions (33-mgd) and over 100%-redundancy at PDWF (21 mgd). The force main side and lift side can independently pump PDWF (21 mgd). In the event that a total mechanical failure occurs on either side, the station will remain operable without consequences under PDWF conditions, and contains power redundancy and significant upstream storage capacity (both described below) under catastrophic circumstances were they to occur under peak wet weather conditions. SLS Electrical Redundancy. The station is also equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional blackout, emergency power will be provided by a built-in onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all SLS facilities. The generator has the capacity to store enough fuel for 24 hours of operation. Under such circumstances, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plans to reduce flow into the SLS (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Hazardous Materials. Outdoor material storage areas, including the future chemical storage area at the SLS will be designed to reduce pollution introduction. Hazardous materials with the potential to contaminate urban runoff will be; 1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with rain, runoff or spillage to the storm water conveyance system; and 2) protected by a surrounding series of secondary containment structures such as berms, dikes, or curbs. The storage area will be paved and sufficiently impervious to contain leaks and spills, and will also be designed with a roof or awning to minimize direct precipitation onto and within the secondary containment area. Construction Description As mentioned previously, the project will be constructed in three phases. The schedule for construction of these phases could be separate, could overlap, or could be constructed simultaneously. Re-routing of the 12-inch high pressure natural gas transmission line, installation of the 12-inch recycled water line, and replacement of the 3-inch potable water line with a 6-inch water line is anticipated to occur with each adjacent segment of sewer construction; however, as noted (• ATTACHMENT 12 Page 6 earlier, it is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line due to funding limitations. The construction/installation of the pipeline portions of the project will be accomplished through both conventional open-trench method, and through trenchless construction tunneling techniques (i.e.; horizontal directional drilling and micro-tunneling). Trenchless construction/tunneling of the sewer lines will be used in areas where a high number of existing underground utilities must be avoided, or where open trenching would result in traffic disruption in high traffic areas, such as through the Cannon Road and Palomar Airport Road intersections with Avenida Encinas. Construction will occur in three phases, with the middle portion of the project at the EPS facility being last. Phase 1 includes improvements from a point approximately 300-feet south of Cannon Road to the southern limit of the project at the EWPCF. Phase 2 encompasses construction from the north end of the project near Chinquapin Avenue to the southern abutment of the proposed sewer line support bridge over Agua Hedionda Lagoon, located just north of the SLS. The third phase of construction would extend from the south end of the support bridge to the north end of the Phase 1 improvements just south of Cannon Road. Construction Phasing Phase 1. Phase 1 involves installation of the gravity sewer main from a point approximately 300-feet south of Cannon Road to the southern limit of the project at the EWPCF. At the upstream end of Phase 1, the sewer line will be installed via standard open trenching construction method. The trenching will be accomplished within the existing Avenida Encinas hardscape median southerly to a point approximately 1,500 feet northerly of Palomar Airport Road. At this point, microtunneling trenchless construction will be used to burrow the sewer line under and beyond the Palomar Airport Road intersection, to a point where it will exit approximately 650 feet south of the intersection. Microtunneiing construction necessitates the temporary placement of jacking and receiving pits (approximately 20-feet wide by 40-feet long and 12-feet wide by 20-feet long, respectively) at the beginning and end of each tunneling segment length. The remaining length (approximately 1,500 feet) of the alignment south of Palomar Airport Road to the EWPCF will be installed through open trench construction within the Avenida Encinas roadway pavement area. All of the recycled water line installation will be via open trench method. Phase 2. Phase 2 begins at the northern end of the project. Temporary chain link fencing will be placed around the perimeter of the work area. The sewer line alignment between the northerly connection and the channel bridge location will be graded. This grading will necessitate the import of approximately 7,000 cubic yards of fill soil so that the existing berm can be widened and heightened (by approximately 3-feet) to accommodate the soil cover necessary for the larger (54- inch) proposed underlain pipe. A temporary above-grade by-pass pumping system which will run along the western edge of the work zone will be utilized during the construction period to convey sewage while the existing, aged 42-inch sewer pipe is removed. This temporary by-pass system will involve an 18-inch temporary bypass pipe with multiple pumps, situated at the north end of the project, routing to the existing lift station. Southward, the new 54-inch sewer pipe, 12-inch recycled water line and 6-inch potable water line will then be laid across the Agua Hedionda channel via the proposed pipe support bridge. This will involve the setting of a weathered steel bridge with concrete vertical abutment supports on both the north and south sides of the channel. The bridge will completely span the entire channel width so that no work is needed within the 100-year flood elevation. Bridge construction will involve approximately 800 cubic yards of excavated cut soil for the bridge abutments and footings. The , ATTACHMENT 12 Page 7 existing 12-inch high-pressure natural gas transmission line will be relocated to avoid the northerly bridge abutment in this area. Overhead electrical distribution facilities will be relocated as needed to provide continued service to existing customers, and minimize construction activity interference. The bridge abutments will be constructed of concrete, and are designed with supporting retaining walls up to 23.5 feet in height. Phase 3. Phase 3 improvements include the sewer line from the southern end of the bridge to the SLS, construction of the SLS and appurtenances, installation of a new 300-foot long connector sewer line segment between the new SLS and the existing 42-inch gravity line traveling south from the existing lift station, and installation of the force main between the new lift station and the north end of the Phase 1 improvements. The bulk of the improvements on the south side of the Agua Hedionda Lagoon channel will be installed through the excavation and construction of the SLS structure, and related piping, ducting, conduits and appurtenances. The majority of the construction work will take place on and around the SLS site. Temporary fencing will be placed around the perimeter of the SLS work area. Soil excavation at the SLS will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the SLS location. From the south end of the SLS to a point south of Cannon Road (approximate 3,960 linear feet), the sewer line will be installed via a HDD method. This method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro- magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud" (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. Other Construction Details Traffic Control. Work within the public streets will involve temporary control of traffic through the work activity zone, as normal traffic flow and patterns will be disrupted, primarily within Avenida Encinas. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Avenida Encinas is a four lane secondary arterial north of Palomar Airport Road and at least one lane each direction will be kept open to traffic at all times. South of Palomar Airport Road, Avenida Encinas becomes only two lanes (one each direction) and thus short segments of the roadway could be closed for short periods to all except local traffic. Along the sewer line construction lengths to be constructed through trenchless (tunneling) methods, minimal or no impact to driveways or business operations will occur. Open trenching across the Cannon Road and Palomar Airport Road intersections for the 12-inch recycled water line will take place in one-lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. This recycled water line installation may occur during nighttime hours to minimize disruption to traffic flow and local businesses. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. / / ATTACHMENTS Page 8 Equipment Staging Areas. Machinery necessary to accomplish the trenching and pipe laying work will be stored on existing adjacent pads and within closed lanes of the-street. Specifically, the major staging areas for pipes, machinery, materials and tools will be on; (a) the cleared area near the railroad tracks at the north end of the project; (b) on the graded pad at the YMCA site, (c) immediately east of the proposed SLS site, and (d) the triangular shaped parcel owned by the City of Carlsbad at the southwest corner of Avenida Encinas and Palomar Airport Road and east of the railroad tracks. Backhoe and similar rubber-tire machinery will be primarily utilized for open trenching, with the spoils temporarily laid directly adjacent to the trench. No machinery staging areas will be located within sensitive biological habitat areas. Grading. During the construction period, a total of approximately 77,471 cubic yards of soil and gravel will be graded or trenched. Approximately 39,056 cubic yards of this excavated soil will be used to back-fill necessary portions of the project. The remaining 38,579 cubic yards of this soil will be exported to an acceptable offsite location. Where necessary, some high quality bedding soil (7,069 cubic yards) and gravel (7,767 cubic yards) will be imported to the site to be placed above and below the pipeline (within the trench) to protect the proposed sewer line. Bedding material will be consolidated and compacted under and around the new sewer pipe and fill material will be evenly spread and moistened or aerated, as required. Backfill material will be deposited in uniform horizontal layers, and compressed to produce a specified relative compaction. Construction Erosion Control. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will comply with the requirements of the State Construction General Permit, Order No. 2009-0009-DWQ. ATTACHMENT 13 Pagel COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS Standard Permitted Uses • Conditional Uses Minimum Lot Area Existing Code Standard: • 7,500 square feet Lot Coverage Existing Code Standard: • All buildings and structures shall cover no more than 50% of the area of the lot. Parking, Loading, and Refuse Collection Areas Existing Code Standard: • No parking or loading areas in a front, side or rear yard adjoining a street; or within 10' of an interior side or rear property line. PDF standards: • Parking, loading, and refuse areas should be visually screened from public view by existing fencing and landscaping; • Parking, loading, and refuse areas should be placed at building rear and sides; • Outdoor refuse and loading areas visible from public areas should be visually screened, as necessary, to a height up to 10- foot high. Source of Requirement Municipal Code Section 21.36.020; South Carlsbad Coastal Redevelopment Plan (SCCRP) Section 601; PDP Section IV, which references Code and SCCRP and also requires PDP consistency. Municipal Code Section 21.36 - 21.36. 1 10; PDP Section IV, which references Code and requires PDP consistency. Municipal Code Section 21.36 - 21 .36.060; PDP Section IV (PDP incorporates Code standard). Municipal Code Section 21.36 - 21.36.070; Proposed PDP Section IV (PDP incorporates this standard). Municipal Code Section 21.36 - 21. 36.080; PDP Section IV. Compliance? Yes N/A (no CUP uses proposed) Yes Yes Yes Comments < • Wastewater treatment facilitft. are a permitted use per Municipal Code Section 21.36.020. • SCCRP Section 601 states the land uses permitted by the SCCRP shall be those permitted by the General Plan and zoning ordinance; therefore, the proposed SLS is permitted in the Redevelopment Area only if: • Redevelopment Permit approved • Precise Development Plan approved • Finding of "Extraordinary Public Purpose" made. • Existing CUP uses within PDP, including cellular facilities and aquaculture farm, are presumed to have valid CUPs. • Uses are subject to Municipal Code and PDP standards per Section IV. • The proposed SLS sits on an approximate 2.3 acre area within Planning Area 2. / • Lot coverage of entire 95-acr^ PDP area, with proposed SLS, is approximately 16%; • The SLS buildings and hardscaping cover approximately 13.5% of the 2.3 acre lift station easement area. • There are no yard standards established in the Code. • The SLS site is not adjacent to any street or within 1 0' of an interior property line. • Proposed SLS will not generate any traffic, other than a daily visit for observation monitoring by a wastewater technician and infrequent maintenance operations. • No refuse collection or loading areas are proposed for the SLS site. _ _j ATTACHMENT 13 Page 2 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments ^andscaping Existing Code Standard: • Except for approved ways of ingress and egress and parking and loading areas, all required yards shall be irrigated and permanently landscaped with at least one or a combination of more than one of the following: Lawn, shrubs, trees, and flowers; • No walls or fences over four feet in height may be constructed in any area where landscaping is required. PDF standards: • Landscaping shall comply with existing standards; • Where visible to the public, plant sizes shall meet minimums specified in City landscape manual; • Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad corridor shall be consistent with scenic corridor guidelines to enhance the area's visual character; • Parking visible from Carlsbad Boulevard shall be screened; • Removed, dying, or diseased perimeter trees and shrubs shall be replaced with equivalent material. Municipal Code Section 21.36 • 21.36.090; PDF Section IV. Yes There are no yard standards established in the Code; instead the PDP establishes setbacks, but only along portions of the EPS perimeter. See discussion under "Setbacks" below. Perimeter landscaping is well established along the lagoon and Interstate 5. A landscape plan for the proposed SLS is included in the plan set and will include 15 gallon and 24 inch box trees, shrubs and ground cover. There are no proposed specific parking areas. One maintenance vehicle per day is expected at the facility and will not be readily visible from 1-5 or Carlsbad Boulevard. Landscaping along the NCTD corridor is acceptable. As detailed below, the SLS exceeds setback requirements of the PDP. Grading Existing Code Standard: • None, except City may impose special grading instructions per Code section cited. PDP standards: • Grading in visible areas should utilize natural contour grading to preserve and enhance the natural appearance; • Grading shall comply with all City and Coastal Commission Requirements. Municipal Code Section 21.36 - 21.36.050 (6); PDP Section IV. Yes The SLS facility is primarily underground. In order to accommodate the SLS, the lift station site will be excavated to approximately 20 feet below existing grade, with two of the walls (north and east) of the main structure backfilled to submerse the structure below grade to the degree feasible. As a result, the SLS structure will be constructed mostly below the surrounding finish ground level; thereby, preserving the natural contours of the hillside and enhance the natural appearance. Proposed grading is conditioned to comply with all requirements. ATTACHMENT 13 Page 3 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Architecture and Building Materials Existing Code Standard: • None, except City may impose special requirements per Code section cited. Existing Encina Specific Plan Standard: • All buildings shall be subject to architectural review to assure a maximum amount of design compatibility with the neighborhood and existing facilities. • PDP standards: Form and design of any new buildings to be largely determined by visibility from locations surrounding the . Power Plant and applicable government requirements; • Building materials and finish should also reflect neighborhood compatibility; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project. Municipal Code Section 21.36 - 21.36.050; Encina Specific Plan 144; PDP Section IV. Yes As stated above, the SLS v structure will be constructed mostly below the surrounding finish ground level. The structures will have a flat roof. As such, the building is a series of square and rectangular shapes architecturally articulated to vary building elevations and facade from the view of the rail passengers travelling through the city. The exterior of the structure will include a textured geometric pattern and be stained earthtone colors in order to blend in with the natural surroundings. ATTACHMENT 13 Page 4 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments etbacks Existing Code Standard: • None, except City may impose setbacks, yards, and open space per Code section cited. Proposed POP standards: • Minimum 50-foot setback from Carlsbad Boulevard right of way; • Minimum 50-foot setback from property line along Agua Hedionda Lagoon shoreline; if blufftop is greater than 50-feet from property line, the top of the bluff shall mark the minimum lagoon setback; • Minimum 25-foot setback from Interstate 5 right of way; • No setbacks established from the south Power Station boundaries or from interior property lines; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project; • Setback requirements do not apply to potential Coastal Rail Trail alignments, desalination facility pipeline alignments, detention basins, piping, and underground structures unless determined necessary for public health, safety, and welfare purposes by the Planning Director. Municipal Code Section 21.36 - 21.36.050 (1); PDF Section IV. Yes • The PDF establishes minimum yard or setback requirements of 50-feet from property lines along Carlsbad Boulevard and Agua Hedionda Lagoon shoreline and 25-feet from Interstate 5. These proposed setbacks establish yards along the north, east, and west PDF boundaries. There is no setback established along the south property line (common with the SDG&E Operations Center) or along the railroad corridor. • The SLS complies with setback requirements; the SLS site at its closest points are approximately 140 feet from Agua Hedionda Lagoon shoreline, about 1,400 feet from Carlsbad Boulevard, about 500 feet from Interstate 5, and over 3,300 feet from Cannon Road. • Proposed piping and underground structures are not subject to setbacks. Parking Existing Code Standard: • None, except City may impose parking requirements per Code section cited. PDF standards: • Because of unique uses at Power Station, parking needs may require case-by-case analysis based on number of employees, hours of operation, etc; • When applicable, Zoning Ordinance parking standards shall be followed. Municipal Code Section 21.36 - 21.36.050 (11); PDF Section IV. Yes • Parking provided for the SLS is more than adequate to accommodate one maintenance vehicle per day and does not affect parking provided for the power plant. ATTACHMENT 13 Page 5 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance?Comments Building Height Existing Code Standard: • None, except City may impose height requirements per Code section cited. Existing Encina Specific Plan Standard: • 35-feet. Existing Agua Hedionda Land Use Plan Standard: • 35-feet. PDF standard: • None. • Note: No standard includes a maximum number of building stories. Municipal Code Section 21.36 - 21.36.050 (2); Encina Specific Plan 144; Agua Hedionda Lane Use Plan. Yes • Agua Hedionda Land Use Pla.. height standard adopted in 1982, after completion of the Power. Plant generating building and 400-foot tall emissions stack. • Specific Plan 144 states: The heights of future power generating buildings and transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. • The tallest structure of the SLS is 25.5 feet high, excluding rooftop mechanical equipment and screen. Equipment and Storage Tank Screening Existing Code Standard: • None, except City may impose screening requirements per Code section cited. Existing Encina Specific Plan Standard: • Roof mounted equipment shall be screened; oil storage tanks shall be recessed and screened. POP standards: None. Municipal Code Section 21.36.050; Encina Specific Plan 144. Yes The SLS is conditioned to have all mechanical equipment screened. Lighting Existing Code Standard: None, except City may impose lighting standards per Code section cited. Existing Encina Specific Plan Standard: Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light source; all ground lighting shall be arranged to reflect away from adjoining properties and streets. POP standards: None. Municipal Code Section 21.36.050; Encina Specific Plan 144. Yes Low-intensity, downward facing, security lighting will be provided on the SLS site. The proposed project will not result in a significant new source of substantial light and glare and will not affect day or nighttime views in the area. Planning Commission Minutes February 2, 2011 Page 1 Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: PLANNING COMMISSION 6:00 p.m. February 2,2011 COUNCIL CHAMBERS CALL TO ORDER Chairperson L'Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, and Siekmann Absent: Commissioner Schumacher STAFF PRESENT: Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney . Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Pam Drew, Associate Planner Terry Smith, Senior Civil Engineer - Utilities APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions'to the minutes of the meeting from January 19, 2011. MOTION ACTION: VOTE: AYES: NOES:, ABS Motiofi by Commissioner Dominguez, ayfd duly seconded, that the^Planning mission approve the minutes from the/Regular Meeting of January 19, 2011. -3 'Chairperson L'Heureux, Commissio/fer Dominguez:, Commissione/ Montgomery, and Commissioner Nygaard None Commissioner Schumacher Commissioner Black and Commissioner Siekmann Chairperson L'Heureux directed everyone's^attention to the slide on the screen'to review the procedures the Cpfnmission would be following duringLine evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT/ISTED ON THE AGENDA None. Planning Commission Minutes February 2, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. PDF 00-02(CWSP 144(LVRP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Hillside Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit {Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe-support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north-south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Averiida Encinas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way . on Avenida Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Senior Civil Engineer Terry Smith. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Commissioner. Dominguez stated that while he is in within 600 foot radius of the inner lagoon, the Assistant City Attorney acknowledged he was within 600 feet of Agua Hedionda Lagoon but was not within 600 feet of the project, therefore he would be able to participate in the meeting. Ms. Drew gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked about the phases of the project, Mr. Smith stated the southern end of the project will be the first phase because it is the area of the project that does not require any outside agency permits for the work in Avenida Encinas. Having the section closest to the treatment plant and connected and ready to receive sewage will make it easier to test the pumps. Commissioner Montgomery inquired about traffic control for the project and if Staff anticipates having to close Avenida Wfl Planning Commission Minutes February 2, 2011 Page 3 Encinas to traffic during any part of the project. Mr. Smith stated Staff does not anticipate having to close the portion of Avenida Encinas between Cannon Road and Palomar Airport Road during the construction of the project. During construction of the pipeline south of Palomar Airport Road, there may be periods of time that require night work or short term road closure. Commissioner Montgomery asked what hours of the day the roads could potentially be closed, Mr. Smith stated that many times with connections to sewer systems, it is beneficial to do the work at night when the flows are the lowest. There will be a need for occasional night work, but it will not be on a regular basis. Commissioner Nygaard inquired as to how Staff calculated the eventual need for the size of the pipe. Mr. Smith stated both the City of Carlsbad and City of Vista have recently updated Sewer Master Plans. Staff used the projected flows from both of those Master Plans.-and Staff feels very confident that the future needs have been adequately addressed with the sizing of the pipeline. Commissioner Dominguez asked Staff to discuss the improvements for recovery in the event of a disaster similar to the one at the Buena Vista Lagoon. Mr. Smith stated that as part of the project, the existing overflow basin will be removed, and Staff felt it would be best to build a sewer lift station and pipelines that have extra reliability and redundancy. There will be two pipelines so there will be flexibility to pump into one or both of the pipelines. Mr. Smith stated the lift station itself will have two sets of four- pumps each and there will also be redundant electrical feeds as well as an emergency generator that will have 24 hours worth of fuel storage that will run the pumps in the event of an emergency. There will also be an emergency response plan in place. Commissioner Dominguez asked if there will be any basic changes to the early warning system that are currently employed, Mr. Smith stated there will be state of the art electronics and monitoring equipment. The monitoring equipment uses an auto-dialer system to go through the phone lines or cell service and will connect to an on duty operator at the Encina Waste Water Authority. The City of Carlsbad Maintenance and Operations staff will also receive that alarm. Commissioner Montgomery asked what capacity and timing the city has in order to respond to an emergency. Mr, Smith stated that it clearly depends on the time of day and the weather conditions but there are several miles of excess capacity in those lines under normal flow conditions. Mr. Smith further stated it would be at least a couple of hours for response time. Chairperson L'Heureux asked how long the project will take to construct. Ms. Drew stated that the project still needs to obtain approvals from City Council and the Coastal Commission as well as the resource agency permits. It could take up to a year or longer to receive all the necessary approvals. Mr. Smith . stated that the construction part of the project will be approximately 18 months long for work in Avenida Encinas. The lift station itself will take 18-24 months and the bridge will take approximately 12 months. Chairperson L'Heureux asked about the process of notifying the businesses and restaurants along Avenida Encinas. Mr. Smith stated Staff will put together a newsletter and there will be public outreach to keep the public informed about the upcoming project. Once construction begins, Staff will work closely with the neighborhoods and businesses to keep them informed. There will be a full time construction manager who will be available 24 hours a day to take phone calls if need be. Chairperson L'Heureux asked if there were any other questions of Staff. Commissioner Siekmann asked if there will be a person to contact if work being completed at night is too loud. Mr. Smith stated yes and that any night work will be minimized, and if the work is in the proximity of neighborhoods or businesses, Staff would let those areas know. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Nygaard asked if there was any way to encourage the owners of the gas line to complete their work concurrently with this project Jane Mobaldi, Assistant City Attorney, stated that Staff has been communicating with representatives of SDG&E and Staff can certainly encourage them to do that, but as a practical matter that entity does not have any applications before the Commission or the City so there is no jurisdiction over them and no way to mandate timing. Commissioner Nygaard asked if the City had sent any letters to SDG&E requesting that the gas line be worked on concurrently. Mr. Smith stated that Planning Commission Minutes February 2, 2011 Page 4 at this point, Staff is cautiously optimistic that SDG&E will see the. benefits in putting the gas line in the bridge. Staff is continuing to work with SDG&E on the scope and cost relocating the gas line. Commissioner Dominguez asked where the Coastal Sage Scrub on the site will be mitigated. Ms. Drew stated there is a mitigation parcel at Lake Calavera where credits will be purchased. DISCUSSION Commissioner Nygaard thanked staff for all the time and effort on the project. Because of the built-in redundancy, this will be a great project She stated she is happy about the rail trail as well as the color of the fence. Commissioner Siekmann also thanked staff for putting together a forward-thinking project. She appreciates the visual aesthetics as well. She stated she is happy to see that there will be a biologist onsite. Commissioner Montgomery also stated his support of the project. Commissioner Black also stated his support for the project. He thanked staff for all of the work done on the project. Commissioner Dominguez also stated his support for the project. He stated that Staff has been sensitive in the design process of the project and is pleased with the built-in redundancy as well. Chairperson L'Heureux concurred with his fellow Commissioners and stated his support of the project. He feels this is truly a state of the art project and it is a very high quality project. MOTION ACTION: Motion by Commissioner Dominguez, and duty seconded, that the Planning Commission adopt Planning Commission Resolution No. 6753 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; adopt Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 recommending approval of Precise Development Plan Amendment (PDF 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and adopt Planning Commission Resolutions No. 6757 and 6759 approving Coastal Development Permit (COP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard, and Commissioner Siekmann NOES: None ABSENT: Commissioner Schumacher ABSTAIN: None Chairperson L'Heureux closed the public hearing on Item 1 and thanked Staff for their presentation. COMMISSION COMMENTS None. Planning Commission Minutes February 2, 2011 Page 5 PLANNING DIRECTOR COMMENTS Mr. Neu stated the City Council heard the El Fuerte View project at that last Council meeting. The appeal was denied, and the project was returned to the Planning Director for modifications to the project. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of February 2, 2011, was adjourned at 7:13 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk Agenda Item # j fr For the members of the: CITY COUNCIL AGUA HEDIONDA SEWER LIFT STATION PROJECT CEQA DOCUMENT ADDIT] MODIFICATIONS DateJd^i (This information is on page 5 of the PC Staff Report dated October 5,2011 (CC Agenda Bill Item No. 12, page 766) & in the MMRP attached to the City Council Resolution for the MND (CC Agenda Bill Item No. 3, starting on page 105, with the MMRP starting on page 282).) New mitigation measures added: • Air Quality (AQ-2) - Process for minimizing construction related emissions due to dust. AQ-2 - Project construction shall implement the following measures in order to minimize construction-related emissions due to dust: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard. • Pave, apply water three times daily, or apply soil stabilizers on all unpaved access roads, parking areas, and staging areas at the construction sites. • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. • Apply soil stabilizers or hydrosseed to previously-graded inactive construction areas. • Cover, enclose or apply soil binders to exposed stockpiles. • Limit traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. • Air Quality (AQ-3) - Cooperate with the YMCA during grading, construction and pipe laying operations adjacent to their facility. AQ-3 - Grading, construction and pipe laying operations on the north side of the Agua Hedionda Lagoon channel, including construction of the channel bridge, shall be accomplished with the cooperation of the YMCA youth recreation facility staff to ensure no children are present during construction of this segment. • Hazards/Hazardous Materials (HAZ- 5) - Maintain a 12-foot wide, unobstructed emergency, construction and operations access. HAZ-5 - A minimum 12-foot wide, unobstructed emergency, construction and operations access shall be maintained at all times during construction trenching and installation of the recycled water line segment between the sewer lift station site and Cannon Road. Amended mitigation measures: >i ^^^_^^^«— --•imiiiiii.-jjn iniaMW^^^^, . .^ ^ • Cultural Reso>ir8es'«(£lI£yii)MVre had the mitigation measure to have an archaeologist on site during ground d^stjjrbing;,activities; however, we added additional information to describe in detail the process'When encountering archaeological resources. CUL-1 - Prior to the commencement of ground-disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground-disturbing activities. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground- disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resource? are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the finding and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (pursuant to Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad and the Project Contractor actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The Project Contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. • Hazards/Hazardous Materials (HAZ- 4) - We had the mitigation measure to complete air monitoring during excavation or trenching; however, we added more details on the process. HAZ-4 - A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted in accordance with the requirements of HAZ-1 and HAZ-2 and the recommendations of the HASP and SMP. This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic, vapors. Date: Distribution: 7 City Clerk Asst. City Clerk Deputy Clerk Book Kira Lirtberg Agenda Item 0 J T For the members of the: From: Sent: To: Subject: Attachments: Council Internet Email City Council Meeting 12/06/2011, Agenda Item #14: Comments of Cabrillo Power I LLC Cabrillo Power Letter to Carlsbad City Council re Agua Hedionda Sewer Lift Project 12062011.pdf Mayor Hall and Council Members, Please accept the attached comments from Cabrillo Power I LLC submitted in reference to Agenda Item #14 of tonight's Council Meeting. Respectfully, Ahmed Haque ahmed.haaue@nrqenerav.com Date: Distribution: 7 City Clerk Asst. City Clerk Deputy Clerk Book nrg December 6, 2011 VIA E-MAIL Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Joint Special Meeting of the Carlsbad City Council and Housing and Redevelopment Commission / December 6, 2011 - Agenda Item No. 14 (Agua Hedionda Sewer Lift Station) Dear Honorable Mayor Hall and Council Members, Cabrillo Power ILLC, a wholly-owned subsidiary of NRG Energy, Inc. and owner of the Encina Power Station, provides this letter in response to Agenda Bill 14 - Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement. Encina Power Station is the site of the proposed Agua Hedionda Sewer Lift Station project and related improvements (collectively the "Project"). Cabrillo Power I LLC has maintained that the Mitigated Negative Declaration ("MND") and its revisions do not meet the standards of the California Environmental Quality Act ("CEQA") for reasons described in our previous letters, dated March 7, 2011 and April 25, 2011 to the City Council and August 22, 2011 to the Planning Commission. Those letters also identified ways in which the Project fails to conform to the General Plan, local coastal program, other land use plans and State law. We reviewed the response letter from the Planning Division dated September 12, 2011 and the other materials prepared by City staff and we continue to disagree with the staffs conclusion about the Project's consistency with State and local laws and plans and that the Project would not have significant impacts. Cabrillo Power I LLC described some of these impacts in our comments to the Planning Commission at their meeting on October 2, 2011 whereby the following five points were raised: (1) The City has not designed for Encina Power Station's and the proposed Carlsbad Energy Center Project's heavy haul and other industrial use across the surface of the proposed forced main easement and existing gravity sewer easement. (2) The Precise Development Plan (POP) and Specific Plan do not contemplate a shallow-depth recycled water line that would expand the easement on Encina Power Station. (3) Vehicular access across the proposed lagoon bridge introduces security concerns at Encina Power Station. (4) The removal of twelve eucalyptus trees for construction of the Project will have unmitigated visual impacts to the reasonably foreseeable Carlsbad Energy Center Project. (5) As owner and steward of the Agua Hedionda Lagoon, the Project should be conditioned to give Cabrillo Power I LLC opportunity to review the Construction Storm Water Pollution Prevention Plan and associated Best Management Practices at least 90 days prior to construction of the Project. With our review of the City's Agenda Bill 14 and the proposed amendments to PDP 00- 02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03, we continue to have similar concerns. Cabrillo Power I LLC recognizes the importance of public infrastructure projects like the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project. We remain willing to work with the City on the development of the Project to address potential significant impacts to Cabrillo Power I LLC and Encina Power Station. Sincerely, George L. Piantka Director, Environmental Business NRG Energy, Inc. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council and Housing and Redevelopment Commission of the City of Carlsbad will hold a joint special meeting at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 6, 2011, to consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and 2) approve a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit. The proposed project is located within Local Facilities Management Zones 1, 3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; 4) a Hillside Development Permit; 5) a Habitat Management Plan Permit, and more particularly described as: Approximately 500-feet south of Chinquapin Avenue, immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, south across Agua Hedionda Lagoon to the Encina Power Station (identified as Assessor's Parcel Number 210- 010-09). Associated underground piping and the pipe support bridge are proposed in this area; and A portion of the Encina Power Station, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Numbers 210-010-26 & 210-010- 41). The sewer lift station and associated piping are proposed on the grounds of the Power Station; and A portion of SDG&E's property, located north of Cannon Road and south and east of the Encina Power Station (identified as Assessor's Parcel Number 210-010-42). Associated underground piping is proposed in this area; and Avenida Encinas, from just north of Cannon Road (identified as Assessor's Parcel Number 210-011-05) and south to the Encinas Wastewater Pollution Control Facility (south of Palomar Airport Road). Associated underground piping is proposed in this area Whereas, on October 5, 2011 the City of Carlsbad Planning Commission voted 6-0 to: 1) recommend adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) recommend approval of a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approve a Coastal Development Permit and Special Use Permit (Floodplain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. 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 2, 2011. If you have any questions, please contact Pam Drew in the Planning Division at (760) 602-4644 or pam.drew@carlsbadca.gov. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit and/or Habitat Management Plan Permit 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: POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PUBLISH: November 26, 2011 CITY OF CARLSBAD CITY COUNCIL AGUA HEDIONDA LAGOON \ SITE MAP NOT TO SCALE Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project POP 00-02(C) / SP 144(L) / RP 10-26 / CDP 10-17 / HDP 10-05 / SUP 10-02 / HMP 10-03 Easy Peel® Labels Use Avery® Template 5160® FIELDING MAXWELL 1 SIR KENNETH CT NORTHPORT NY 11768 Bend along line toexpose Pop-up Edge™ CHRISTENSON RYAN A&MICKI M LIVING TRUST 06-15-06 100 LISMORE CT TYRONE GA 30290 5160® BROGE REVOCABLE TRUST 01-04-00 10127 BOGUEST TEMPLE CITY CA9178O ANDERSON RICHARD&HARRIET 1013 NATIVE TRL HEATH TX 75032 YANG CHUN CHUAN TAX CREDIT TRUST B 04-18-86 10211 MELVIN AVE NORTHRIDGECA 91324 PRESTO RICHARD A 10344 SOMERSET DR RCHCUCAMONGACA 91737 NEALE TED&CINDY A JOINT LIVING TRUST 09-06-08 1137DELROBLESPL SIMI VALLEY CA 93063 WALLACE EDWARD F 114 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GILCREASE RONALD W&SANDRAZ 3 SERENADE PINES PL THE WOODLANDS TX 77382 Bend along line to expose Pop-up Edge™ STOCKTON FAMILY TRUST 12-27-94 30378 COPPER HILL CT REDLANDSCA 92373 TERAN SARA C 305 DATE AVE CARLSBAD CA 92008 5160® ! j WALLACE BRUCE A II 318VIASOPLADOR FALLBROOKCA 92028 HLAWEK JAMES J&MATILDA J 324 OLIVE AVE CARLSBAD CA 92008 LARSEN JOHN O&JANICE N 3245 HIGH POINT DR EL PASO TX 79904 REYER ANDREW T&LAURA M 3265GARFIELDST CARLSBAD CA 92008 WILLIAMS LESLIE TRUST 10-19-10 327 DATE AVE CARLSBAD CA 92008 RYAN MARY LOU TRUST 08-30-95 331 OLIVE AVE #102 CARLSBAD CA 92008 KELLEY FAMILY TRUST 04-09-97 331 OLIVE AVE #104 CARLSBAD CA 92008 KUBES TRUST 09-08-92 331 OLIVE AVE #201 CARLSBAD CA 92008 FUNES CAROLYN REVOCABLE TRUST 331 OLIVE AVE #202 CARLSBAD CA 92008 MCNIFFTERRY&DUAGARD PRESCILLA 331 OLIVE AVE #203 CARLSBAD CA 92008 ABDEL-RAHMAN MOHAMED A&JANE M 331 OLIVE AVE #301 CARLSBAD CA 92008 SPECTOR RENEE N TRUST 06-07-00 331 OLIVE AVE #303 CARLSBAD CA 92008 DAUN JULIE O 2005 TRUST 01-27-05 334 DATE AVE CARLSBAD CA 92008 WOODWARD DAVID K&BEVERLY M 3413 CORVALLIS ST CARLSBAD CA 92010 MORTON GARY B&JANICE 3425 MERIDIAN LN RENO NV 89509 BLAKEKRISTENATR 346 OLIVE AVE CARLSBAD CA 92008 MANCUSI MARIO V&JOANNA R 3512 PRINCETON AVE SAN DIEGO CA 92117 OSHIMA FAMILY TRUST 03-30-92 352 OLIVE AVE CARLSBAD CA 92008 GHAFFARY ESSIE E&KHOURY JULIE A 353 DATE AVE CARLSBAD CA 92008 CULBERTSON EDWARD L&MARIA REVOCABLE LIVING TRU 3616 GENISTA PL FALLBROOK CA 92028 COOLEY KAREN J 4004AGUILAST#B CARLSBAD CA 92008 CATESWILLIAM&KAREN 4004AGUILAST#D CARLSBAD CA 92008 FINKELSTEIN KAREN 4006AGUILAST#C CARLSBAD CA 92008 HUYSMAN BRIAN&MICHELLE REVOCABLE TRUST 05-11-09 4006AGUILAST#E CARLSBAD CA 92008 CONKLIN BARBARA A 4007 CANARIOST#A CARLSBAD CA 92008 HUBERERIKM&DEBORAHK 4007CANARIOST#B CARLSBAD CA 92008 NUGENT BARRY A&JOAN M 4007CANARIOST#C CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens derharaement Repliez a la hachure afin de | reveler le rebord Pop-upMC j www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® AMRHEIN FAMILY LIVING TRUST 09- 16-03 4007 CANARIO ST#D CARLSBAD CA 92008 Bend along line to j expose Pop-up Edge™ i STEVENS LEITHG&JUNEJ 4007 CANARIOST#G CARLSBAD CA 92008 AVERY® 5160® LEWIS DUANET 4007 LAYANG LAYANG CIR #G CARLSBAD CA 92008 SETO PERRY A 4008AGUILAST#A CARLSBAD CA 92008 FITZPATRICK JOANNA FAMILY TRUST 12-14-02 4008AGUILAST#B CARLSBAD CA 92008 SCHUNCK LEO S M&ADELE S LIVING TRUST 02-05-99 4008AGUILAST#D CARLSBAD CA 92008 STIFT MICHAEL T 4008AGUILAST#E CARLSBAD CA 92008 KUHNEL BENJAMIN 4008AGUILAST#F CARLSBAD CA 92008 LACKEY TIM 4008AGUILAST#H CARLSBAD CA 92008 KALIAN SUSAN J 4009 CANARIO ST#A CARLSBAD CA 92008 GEIST CHARLES D 4009 CANARIO ST#D CARLSBAD CA 92008 ADAIR KEVIN C 2004 TRUST 05-28-04 4009CANARIOST#I CARLSBAD CA 92008 BANKS MICHAEL J&DEBORAH P 4009 CANARIO ST#J CARLSBAD CA 92008 QUINSAAT CLARISSA G 4011 CANARIO ST #A CARLSBAD CA 92008 WRIGHT JANET 4011 CANARIO ST#C CARLSBAD CA 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www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® TANGUMA MANUEL 4014 LAYANG LAYANG CIR #J CARLSBAD CA 92008 Bend along line to j expose Pop-up Edge™ ! BREWER DIANE S LIVING TRUST 08- 19-98 4015CANARIOST#A CARLSBAD CA 92008 5160®j MARNER RORY E REVOCABLE TRUST 09-14-06 4015 CANARIO ST#B CARLSBAD CA 92008 WULFLEAA 4015 CANARIO ST#D CARLSBAD CA 92008 LUOMA EDITH I 1987 TRUST 01-07-87 4015 CANARIO ST#E CARLSBAD CA 92008 BECK FAMILY TRUST 09-29-08 4016AGUILAST#A CARLSBAD CA 92008 SCOULER NANCY L LIVING REVOCABLE TRUST 05-15-00 4016AGUILAST#C CARLSBAD CA 92008 GEZON JUDITH A TRUST 11-25-91 4016AGUILAST#E CARLSBAD CA 92008 WEBER REGIS JTR 4016AGUILAST#G CARLSBAD CA 92008 BOELTER TIMOTHYS 4016AGUILAST#H CARLSBAD CA 92008 CLARKE RONNIE M 4016AGUILAST#J CARLSBAD CA 92008 ARMSTRONG MARIAN S 4016 LAYANG LAYANG CIR #D CARLSBAD CA 92008 BURKE RUSSELL A 4016 LAYANG LAYANG CIR #G CARLSBAD CA 92008 HAMILTON-GRAY CHERYL J 4021 CANARIOST #133 CARLSBAD CA 92008 WILD DAVID&SUSAN W 4021 CANARIOST #134 CARLSBAD CA 92008 OVEREND DAVID&DONITA 4021 CANARIOST #137 CARLSBAD CA 92008 ROUNDTREE WAYNE&ELLEN FAMILY SURVIVORS TRUST 11- 4021 CANARIOST #138 CARLSBAD 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rebord Pop-upMC ] www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® SHU&KIN FAMILY REVOCABLE LIVING TRUST 04-03-03 4025 HARBOR DR CARLSBAD CA 92008 Bend along line to 'expose Pop-up Edge™ i KIKUTA LIVING TRUST 09-14-98 4029 CANARIOST #247 CARLSBAD CA 92008 AVERY® 5160® GAILFUS ALAN W&DEBORAH C 4029 CANARIOST #34 7 CARLSBAD CA 92008 ANDALEON ELIZABETH FAMILY TRUST 07-29-08 4029 CANARIOST #348 CARLSBAD CA 92008 MEYER JOYCE A REVOCABLE 2008 TRUST 4045 HARBOR DR CARLSBAD CA 92008 HAWES JAMES&MARSHA FAMILY 2007 TRUST 4065 HARBOR DR CARLSBAD CA 92008 WATKINS-EVANS FAMILY TRUST 12- 23-03 4075 HARBOR DR CARLSBAD CA 92008 LOSEY RICHARD&LINDA 4095 HARBOR DR CARLSBAD CA 92008 WELLS FARGO BANK 4101 WISEMAN BLVD SAN ANTONIO TX 78251 TOPEL DAVID G&JANE-TOPEL JAY-UN 4108 LAURA CT AM ESI A 50010 RYAN BARBARA 4110GARFIELDST CARLSBAD CA 92008 HENNING ARTHUR JR 4125 HARBOR DR CARLSBAD CA 92008 KNOXCARL FAMILY TRUST 06-13-95 4130 HARBOR DR CARLSBAD CA 92008 SMITH CHARLES&MARYANNE 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FAMILY TRUST 12-10-91 7362 GABBIANO LN CARLSBAD CA 92011 LUNDBERG ALAN&ALVINA 744 CORTLAIMDT DR SACRAMENTO CA 95864 KEITHLEY FAMILY TRUST 07-01-96 75081 PROMONTORY PL INDIAN WELLS CA 92210 INNS OF AMERICA CANNON L L C <LF> CANNON ROAD L 755RAINTREEDR#20O CARLSBAD CA 92011 KATZ JOSE FINAL 7583 DELGADO PL CARLSBAD CA 92009 NG WALTER CHENGCHE&DOROTHY SAUHAN REVOCABLE TRUS 7959CAMINOGATO CARLSBAD CA 92009 CHILCOTE CHARLES W 801 KALPATI CIR #D CARLSBAD CA 92008 KINCAIDALEX&TANYAK 801 KALPATI CIR #F CARLSBAD CA 92008 KENNEDY ANDREAS 8017 N VIA VERDE SCOTTSDALE AZ 85258 NG TRACY P 802 KALPATI CIR #A CARLSBAD CA 92008 BROWN FAMILY TRUST 10-07-09 802 KALPATI CIR #B CARLSBAD CA 92008 HASSIG BRETT 802 KALPATI CIR#C CARLSBAD CA 92008 BENSON DAVID A 802 KALPATI CIR #D CARLSBAD CA 92008 AVENIDA ENCINAS CARLSBAD L L C 8039 BALBOA AVE SAN DIEGO CA 92111 BERDY JACK W TRUST 09-21-04 805 KALPATI CIR #129 CARLSBAD CA 92008 JUPINKO CELESTE 805 KALPATI CIR #130 CARLSBAD CA 92008 HARKEY HENRY J&DONNA D 805 KALPATI CIR #132 CARLSBAD CA 92008 GASTAUER LIVING TRUST 09-21-89 805 KALPATI CIR #331 CARLSBAD CA 92008 MELLOTT EARL&THELMA FAMILY TRUST 08-27-04 810 AVOCADO ST BREACA 92821 NASH KURT L&MARGARET 811 KALPATI CIR #A CARLSBAD CA 92008 CANTOR JOSHUAD 811 KALPATI CIR #B CARLSBAD CA 92008 BROOKS LISA 811 KALPATI CIR #C CARLSBAD CA 92008 GREENE RICHARD A&SHARON H INTER VIVOS TRUST 09-2 812 KALPATI CIR #B CARLSBAD CA 92008 WASSNER DOROTHY REVOCABLE TRUST 01-24-95 812 KALPATI CIR #C CARLSBAD CA 92008 ZIMMERMAN JODI A 812 KALPATI CIR #D CARLSBAD CA 92008 BRAHMS DAVID M&ISENHART MARY A 812 KALPATI CIR #F CARLSBAD CA 92008 HERBALY JANET C TRUST 11-13-01 8141 S PENINSULA DR LITTLETON CO 80120 ADAMS JUSTIN L 817 KALPATI CIR #106 CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de charaement Repliez a la hachure afin de j reveler !e rebord Pop-upMC } www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® Bend along line to | expose Pop-up Edge™AVERY® 5160® DEMEOLIANE 817 KALPATI CIR #107 CARLSBAD CA 92008 TRUFFA FAMILY REVOCABLE TRUST 02-27-03 817 KALPATI CIR #108 CARLSBAD CA 92008 MCMILLON COURTNEY J 817 KALPATI CIR #109 CARLSBAD CA 92008 ZARAGOZA ANTONIO 817 KALPATI CIR #110 CARLSBAD CA 92008 DUFF THOMAS J 817 KALPATI CIR #112 CARLSBAD CA 92008 MACANGO FAMILY TRUST 07-01-05 817 KALPATI CIR #114 CARLSBAD CA 92008 DION MICHAEL S&MELODYE A 817 KALPATI CIR #115 CARLSBAD CA 92008 EDWARDS RONALD L&KATHLEEN J 817 KALPATI CIR #207 CARLSBAD CA 92008 OBRIEN BEVERLY J REVOCABLE LIVING TRUST 11-12-94 817 KALPATI CIR #208 CARLSBAD CA 92008 TOBIAS STEPHEN 817 KALPATI CIR #210 CARLSBAD CA 92008 DICKSON DONALD 817 KALPATI CIR #213 CARLSBAD CA 92008 MOODY LIVING TRUST 09-10-92 817 KALPATI CIR #216 CARLSBAD CA 92008 LEE ELIZABETH B TRUST 12-05-07 817 KALPATI CIR #308 CARLSBAD CA 92008 AHNSHINSUK 817 KALPATI CIR #309 CARLSBAD CA 92008 IACOBELLIS FAMILY TRUST 06-17-03 817 KALPATI CIR #312 CARLSBAD CA 92008 WHITMER FAMILY TRUST 08-27-04 817 KALPATI CIR #314 CARLSBAD CA 92008 BENNETTJEFF 823 KALPATI CIR #102 CARLSBAD CA 92008 SIMONS JEFFREY&SUSAN FAMILY TRUST 823 KALPATI CIR #103 CARLSBAD CA 92008 GOODHEIM CHERYL I 823 KALPATI CIR #203 CARLSBAD CA 92008 J H N SYSTEM L L C 823 KALPATI CIR #303 CARLSBAD CA 92008 WAVE CREST RESORTS 8292NDST#A ENCINITASCA 92024 LLC JENNINGS ELIZABETH A REVOCABLE LIVING TRUST 03-0 8427 RAINTREE AVE RIVERSIDE CA 92504 BALLARD LON R 8510 WESTMORE RD #273 SAN DIEGO CA 92126 HUNTSTACIE 8706 SUNSET PLAZA PL LOS ANGELES CA 90069 NGUYEN HACCAO 8924 POLANCO ST SAN DIEGO CA 92129 TESORO FAMILY TRUST 06-12-97 904 W STAFFORD RD THOUSAND OAKS CA 91361 GONZALES JULIUS D 920ECOOLEYAVE#G SAN BERNARDINO CA 92408 JORDAN KARIN 940 DALE CT SAN MARCOS CA 92069 KABRE FAMILY LIVING TRUST 10-10- 01 9551 CASTINE DR HUNTINGTON BEACH CA 92646 MCKINLEYKRISTAA CMR 445 BOX 1241 APO AE 09046 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® A Sens de charaement Repliez a la hachure afin de j reveler le rebord 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WHETZEL FAMILY TRUST 01-08-96 P O BOX 610 SKYFORESTCA 92385 HELLER JIM&EILEEN TRUST 06-18-07 P 0 BOX 61709 BOULDER CITY NV 89006 HOEHN ASSOCIATES L LC P 0 BOX 789 CARLSBAD CA 92018 RUBY CHARLES E&SANDRA P O BOX 805 CARDIFF CA 92007 STELLAR PROPERTIES LLC PO BOX 8681 RANCHO SANTA FE CA 92067 ZILLICH WILLIAM R SEPARATE FAMILY TRUST 09-15-07 PO BOX 89183 SAN DIEGO CA 92138 BERT CLEMENT A LIVING TRUST 08- 05-86 PO BOX 901236 S AN DYUT 84090 FITZPATRICK REVOCABLE INTERVIVOS TRUST 03-12-96 PO BOX 932 SAN JUAN CAPISTRANO CA 92693 AtOAV dn-dod asodxa 01 auii Buoie ouaq jaded Paad c i an PI _iaaj Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 6200AVENIDAENCINAS CARLSBAD, CA 92011 Bend along line to j expose Pop-up Edge™ OCCUPANT 4960AVENIDAENCINAS CARLSBAD, CA 92008 AVERY® 5160® OCCUPANT 5051AVENIDAENCINAS CARLSBAD, CA 92008 OCCUPANT 5142AVENIDAENCINAS CARLSBAD, CA 92008 OCCUPANT 5875AVENIDAENCINAS CARLSBAD, CA 92008 OCCUPANT 665 PALOMAR AIRPORT RD CARLSBAD, CA 92011 OCCUPANT 5010AVENIDAENCINAS CARLSBAD, CA 92008 OCCUPANT 4990AVENIDAENCINAS CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 133 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 134 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 136 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 137 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 138 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 233 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 234 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 235 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 236 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 237 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 238 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 335 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 336 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 337 CARLSBAD, CA 92008 OCCUPANT 4021 CANARIO ST UNIT 338 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 139 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 140 CARLSBAD, CA 92008 OCCUPANT 4025 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4025 CANARIO ST UNIT 245 CARLSBAD, CA 92008 OCCUPANT 4029 CANARIO ST UNIT 247 CARLSBAD, CA 92008 OCCUPANT 4029 CANARIO ST UNIT 248 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 341 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 342 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 343 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 344 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 345 CARLSBAD, CA 92008 OCCUPANT 4025 CANARIO ST UNIT 346 CARLSBAD, CA 92008 OCCUPANT 4029 CANARIO ST UNIT 347 CARLSBAD, CA 92008 OCCUPANT 4029 CANARIO ST UNIT 348 CARLSBAD, CA 92008 OCCUPANT 4016AGUILASTUNITA CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT B CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT D CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT C CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT E CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT F CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT G CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT H CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT 1 CARLSBAD, CA 92008 OCCUPANT 4016 AGUILA ST UNIT J CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de charaement Repliez a la hachure afin de j reveler le rebord Pop-upMC ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 4015 CANARIOST UNIT D CARLSBAD, CA 92008 Bend along line to j expose Pop-up Edge™ i OCCUPANT 4015 CANARIOST UNITE CARLSBAD, CA 92008 AVERY® 5160® OCCUPANT 4015 CAN ARID STUN IT C CARLSBAD, CA 92008 OCCUPANT 4015 CANARIOST UNIT A CARLSBAD, CA 92008 OCCUPANT 4015 CANARIOST UNIT B CARLSBAD, CA 92008 OCCUPANT 4011 CANARIOST UNIT D CARLSBAD, CA 92008 OCCUPANT 4011 CANARIOST UNITE CARLSBAD, CA 92008 OCCUPANT 4011 CANARIOST UNIT C CARLSBAD, CA 92008 OCCUPANT 4011 CANARIOST UNIT A CARLSBAD, CA 92008 OCCUPANT 4011 CANARIOST UNIT B CARLSBAD, CA 92008 OCCUPANT 4014AGUILASTUNITA CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNIT B CARLSBAD, CA 92008 OCCUPANT 4014 AGUILA ST UNIT D CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNIT C CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNITE CARLSBAD, CA 92008 OCCUPANT 4014 AGUILA ST UNIT F CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNIT G CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNIT H CARLSBAD, CA 92008 OCCUPANT 4014 AGUILA ST UNIT I CARLSBAD, CA 92008 OCCUPANT 4014 AGUILAST UNIT J CARLSBAD, CA 92008 OCCUPANT 4012 AGUILAST UNIT A CARLSBAD, CA 92008 OCCUPANT 4012 AGUILA ST UNIT B CARLSBAD, CA 92008 OCCUPANT 4012 AGUILAST UNIT C CARLSBAD, CA 92008 OCCUPANT 4012 AGUILAST UNIT D CARLSBAD, CA 92008 OCCUPANT 4012 AGUILA ST UNIT E CARLSBAD, CA 92008 OCCUPANT 4009 CANARIOST UNIT J CARLSBAD, CA 92008 OCCUPANT 4009 CANARIOST UNIT F CARLSBAD, CA 92008 OCCUPANT 4009 CANARIOST UNIT H CARLSBAD, CA 92008 OCCUPANT 4009 CANARIOST UNIT G CARLSBAD, CA 92008 OCCUPANT 4009 CAN ARID ST UNIT D CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® A Sens de charaement Repliez a la hachure afin de reveler le rebord Pop-upwc www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 4009 CANARIOST UNITE CARLSBAD, CA 92008 Bend along line to expose Pop-up Edge™ OCCUPANT 4009 CANARIOST UNIT C CARLSBAD, CA 92008 AVERY® 5160® OCCUPANT 4009 CANARIO ST UNIT A CARLSBAD, CA 92008 OCCUPANT 4009 CANARIO ST UNIT B CARLSBAD, CA 92008 OCCUPANT 4008AGUILASTUNITA CARLSBAD, CA 92008 OCCUPANT 4008 AGUILAST UNIT B CARLSBAD, CA 92008 OCCUPANT 4008 AGUILA ST UNIT D CARLSBAD, CA 92008 OCCUPANT 4008 AGUILA ST UNIT C CARLSBAD, CA 92008 OCCUPANT 4008 AGUILAST UNITE CARLSBAD, CA 92008 OCCUPANT 4008 AGUILA ST UNIT F CARLSBAD, CA 92008 OCCUPANT 4008 AGUILAST UNIT G CARLSBAD, CA 92008 OCCUPANT 4008 AGUILAST UNIT H CARLSBAD, CA 92008 OCCUPANT 4008 AGUILA ST UNIT I CARLSBAD, CA 92008 OCCUPANT 4008 AGUILAST UNIT J CARLSBAD, CA 92008 OCCUPANT 4006 AGUILAST UNIT A CARLSBAD, CA 92008 OCCUPANT 4006 AGUILA ST UNIT B CARLSBAD, CA 92008 OCCUPANT 4006 AGUILAST UNIT C CARLSBAD, CA 92008 OCCUPANT 4006 AGUILAST UNIT D CARLSBAD, CA 92008 OCCUPANT 4006 AGUILA ST UNIT E CARLSBAD, CA 92008 OCCUPANT 4004 AGUILAST UNIT B CARLSBAD, CA 92008 OCCUPANT 4004 AGUILAST UNIT C CARLSBAD, CA 92008 OCCUPANT 4004 AGUILA ST UNIT D CARLSBAD, CA 92008 OCCUPANT 4004 AGUILAST UNITE CARLSBAD, CA 92008 OCCUPANT 4007 CANARIO ST UNIT F CARLSBAD, CA 92008 OCCUPANT 4007 CANARIOST UNIT G CARLSBAD, CA 92008 OCCUPANT 4007 CANARIO ST UNIT D CARLSBAD, CA 92008 OCCUPANT 4007 CANARIOST UNITE CARLSBAD, CA 92008 OCCUPANT 4007 CANARIO STUNIT C CARLSBAD, CA 92008 OCCUPANT 4007 CANARIOST UNIT A CARLSBAD, CA 92008 OCCUPANT 4007 CANARIOST UNIT B CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® A Sens de charaement Repliez a la hachure afin de ' Jreveler le rebord Pop-upMC ' www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 5205 AVENIDA ENCINAS STE A CARLSBAD, CA 92008 A Feed Paper Bend along line to expose Pop-up Edge™ OCCUPANT 5205 AVENIDA ENCINAS STE C CARLSBAD, CA 92008 AVERY® 5160® OCCUPANT 5205 AVENIDA ENCINAS STE D CARLSBAD, CA 92008 OCCUPANT 5205 AVENIDA ENCINAS STE E CARLSBAD, CA 92008 OCCUPANT 5205 AVENIDA ENCINAS STE G CARLSBAD, CA 92008 OCCUPANT 5205 AVENIDA ENCINAS STE K CARLSBAD, CA 92008 OCCUPANT 5235 AVENIDA ENCINAS STE G CARLSBAD, CA 92008 OCCUPANT 5235 AVENIDA ENCINAS STE F CARLSBAD, CA 92008 OCCUPANT 5235 AVENIDA ENCINAS STE D CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE B CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE D CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE E CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE F CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE J CARLSBAD, CA 92008 OCCUPANT 5245 AVENIDA ENCINAS STE H CARLSBAD, CA 92008 OCCUPANT 5225 AVENIDA ENCINAS STE H CARLSBAD, CA 92008 OCCUPANT 5355 AVENIDA ENCINAS STE 103 CARLSBAD, CA 92008 OCCUPANT 5355 AVENIDA ENCINAS STE 111 CARLSBAD, CA 92008 OCCUPANT 5375 AVENIDA ENCINAS STE A CARLSBAD, CA 92008 OCCUPANT 5375 AVENIDA ENCINAS STE C CARLSBAD, CA 92008 OCCUPANT 5375 AVENIDA ENCINAS STE F 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ENCINAS STE 100 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 120 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 200 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 260 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 350 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 360 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 370 CARLSBAD, CA 92008 OCCUPANT 5050 AVENIDA ENCINAS STE 270 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 100 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 120 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 130 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 150 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 200 CARLSBAD, CA 92008 OCCUPANT 5055 AVENIDA ENCINAS STE 210 CARLSBAD, CA 92008 OCCUPANT 5421 AVENIDA ENCINAS STE B CARLSBAD, CA 92008 OCCUPANT 5421 AVENIDA ENCINAS STE F CARLSBAD, CA 92008 OCCUPANT 5421 AVENIDA ENCINAS STE J CARLSBAD, CA 92008 OCCUPANT 5421 AVENIDA ENCINAS STE N CARLSBAD, CA 92008 OCCUPANT 5431 AVENIDA ENCINAS STE C CARLSBAD, CA 92008 OCCUPANT 5431 AVENIDA ENCINAS STE E CARLSBAD, CA 92008 OCCUPANT 5431 AVENIDA ENCINAS STE G CARLSBAD, CA 92008 OCCUPANT 5431 AVENIDA ENCINAS STE J CARLSBAD, CA 92008 OCCUPANT 5431 AVENIDA ENCINAS STE K CARLSBAD, CA 92008 OCCUPANT 5441 AVENIDA ENCINAS STE B CARLSBAD, CA 92008 OCCUPANT 5451 AVENIDA ENCINAS STE A CARLSBAD, CA 92008 OCCUPANT 5451 AVENIDA ENCINAS STE D CARLSBAD, CA 92008 OCCUPANT 5600 AVENIDA ENCINAS STE 100 CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de rharofsment Repliez a la hachure afin de reveler le rebord Pop-upMC www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 5600 AVENIDA ENCINAS STE 126 CARLSBAD, CA 92008 A Feed Paper Bend along line to j expose Pop-up Edge™ j OCCUPANT 5600 AVENIDA ENCINAS STE 116 CARLSBAD, CA 92008 AVERY® 5160®C=--' OCCUPANT 5600 AVENIDA ENCINAS STE 118 CARLSBAD, CA 92008 OCCUPANT 5600 AVENIDA ENCINAS STE 119 CARLSBAD, CA 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ENCINAS STE 115 CARLSBAD, CA 92008 OCCUPANT 5835 AVENIDA ENCINAS STE 113 CARLSBAD, CA 92008 OCCUPANT 5835 AVENIDA ENCINAS STE 112 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 140 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 139 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 137 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 136 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 134 CARLSBAD, CA 92008 OCCUPANT 5845 AVENIDA ENCINAS STE 133 CARLSBAD, CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de charaement Repfiez a la hachure afin de ' reveler le rebord Pop-upMC j www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® OCCUPANT 5845 AVENIDA ENCINAS STE 130 CARLSBAD, CA 92008 A Feed Paper Bend along line to expose Pop-up Edge OCCUPANT 5845 AVENIDA ENCINAS STE 129 CARLSBAD, CA 92008 AVERY® 5160®t=-- OCCUPANT 5845 AVENIDA ENCINAS STE 128 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 140 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 300 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 200 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 202 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 206 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 208 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 210 CARLSBAD, CA 92008 OCCUPANT 5973 AVENIDA ENCINAS STE 220 CARLSBAD, CA 92008 OCCUPANT 5993 AVENIDA ENCINAS STE 101 CARLSBAD, CA 92008 OCCUPANT 5993 AVENIDA ENCINAS STE 100 CARLSBAD, CA 92008 OCCUPANT 5999 AVENIDA ENCINAS STE 100 CARLSBAD, CA 92008 OCCUPANT 5999 AVENIDA ENCINAS STE 150 CARLSBAD, CA 92008 OCCUPANT 703 PALOMAR AIRPORT RD STE 100 CARLSBAD, CA 92011 OCCUPANT 703 PALOMAR AIRPORT RD STE 170 CARLSBAD, CA 92011 OCCUPANT 703 PALOMAR AIRPORT RD STE 150 CARLSBAD, CA 92011 OCCUPANT 703 PALOMAR AIRPORT RD STE 200 CARLSBAD, CA 92011 OCCUPANT 703 PALOMAR AIRPORT RD STE 205 CARLSBAD, CA 92011 OCCUPANT 703 PALOMAR AIRPORT RD STE 210 CARLSBAD, CA 92011 OCCUPANT 703 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SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 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 STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 601 CHIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION 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 STEVE MACIEJ - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160®Sens de chargement Consultez la feuille ^instruction www.avery.com 1-800-GO-AVERY AH3AV-09-008H apsuas NRG West George L. Piantka, PE 5790 Fleet St., Ste. 200 Carlsbad, CA 92008 CA State Lands Commission Kenneth Foster Southern California Region Land Management Division 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Jennifer Chavez, Esq. Luce, Forward, Hamilton & Scripps 600 West Broadway, Ste. 2600 San Diego, CA92101 West Development, LLC. Attn: Boland Davari 5796 Armada Drive, Ste. 300 Carlsbad, CA 92008 I ap ujje amtpeq e| ? zegidau NCTD Brett Rekola/E^A Sir 810 Mission Ave. Oceanside, CA 92054 SDGE Jany Staley 8315 Century Park Court CP22A San Diego, CA 92123-1548 Preserve Calavera Attn: Diane Nygaard 5020 NighthawkWay Oceanside, CA 92056 Magdalena Ecke Family YMCA Ron Lelakes Associate Executive Director 200 Saxony Road Encinitas, CA 92024 I M09L8/®091S ®AH3AV )ueqe6 a) zasijiir I aajad ^ S3|i3ej. sauanbil- Agua Hedionda Lagoon Foundation Attn: Lisa Rodman, Executive Director 1580 Cannon Road Carlsbad, CA 92008 Jennifer A. Hein, Esq. General Counsel-West Region NRG Energy, Inc. 5790 Fleet Street, Ste. 200 Carlsbad, CA 92008 Poseidon Resources 501 W. Broadway, Ste. 2020 San Diego, CA92101 Jeff Leads CIO EWA 6200 Avenida Encinas Carlsbad, CA 92011 f «i36p3 dn-doj asodxa i oiauj|6uo|epuag 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: November 26th, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 28th, day otMovember, 2011 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be •^^ affected, that the City Council and Housing and Redevelopment Com- mission of the City of Carlsbad will hold a joint special meeting atthe Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, .CaMprnia, at 6:00 p.m. on Tuesday December 6, 2011, to consider adopting a Mitigated Negative Dec-laration and Mitigation Monitoring and Reporting Program; and 2) approve a Precise Development Plan Amendment, Specific Plan Amendment, Redevel- opment Permit, Hillside Development Permit, and Habitat Management Plan Permit. The proposed project is located within Local Facilities Management Zones 1,3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improve- ments ISLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; 4) a Hillside Development Permit; 5) a Habitat Manage- ment Plan Permit, and more particularly described as: Approximately 500-feet south of Chinquapin Avenue, immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right- of-way south across Agua Hedionda Lagoon to the Encina Power Station(identified as Assessor's Parcel Number 210-010-09). Associated underground piping and the pipe support bridge are proposed in this area; and A portion of the Encina Power Station, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessors Parcel Numbers 210-010-26 & 210-010-41). The sewer lift station and associated piping are proposed on the grounds of the Power Station; and A portion of SDG&E's property, located north of Cannon Road and south and east of the Encina Power Station (identified as Assessor's Parcel Number 210- 010-42). Associated underground piping is proposed in this area; and Avenida Encinas, from just north of Cannon Road (identified as Assessor's Parcel Number 210-011-05) and south to the Encinas Wastewater Pollution Control Facility (south of Palomar Airport Road). Associated underground pip- ing is proposed in this area Whereas on October 5, 2011 the City of Carlsbad Planning Commission voted 6-0 to- 1) recommend adoption of a Mitigated Negative Declaration and Miti- gation Monitoring and Reporting Program; 2) recommend approval of a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit Hillside Development Permit, and Habitat Management Plan Permit; and 3) approve a Coastal Development Permit and Special Use Permit (Flood- plain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. Those persons wishing to speak on this proposal are cordially invited to attendthe public hearing. Copies of the agenda bill will be available on and after December 2,2011. If you have any questions, please contact Pam Drew in the Planning Division at 760-602-4644 or pam.drew@carlsbadca.gov. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Precise Development Plan Amendment, Specific PlanAmendment Redevelopment Permit, Hillside Devetopment Permit and/or Hab- itat Management Plan Permit 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 Of-1^ fice, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: POP 00-02(C)/SP 144(L)/RP10-26/HDP 10-05/HMP 10-03 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN ANDGRAVITY SEWER REPLACEMENT CITY OF CARLSBAD CITY COUNCIL ftet 2304327 11/26/2011