Loading...
HomeMy WebLinkAbout2013-06-11; City Council; 21257; Buena Vista Creek Maintenance EIR 02-03ACITY OF CARLSBAD - AGENDA BILL 11 AB# 21.257 BUENA ViSTA CREEK MAINTENANCE EIR 02-03(A) DEPT. DIRECTOR MTG. 6/11/13 BUENA ViSTA CREEK MAINTENANCE EIR 02-03(A) CITY ATTORNEY l^Z DEPT. CED BUENA ViSTA CREEK MAINTENANCE EIR 02-03(A) CITY MANAGER ^ RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT City Council Resolution No. 2013-136 . CERTIFYING the Supplemental Program Environmental Impact Report (EIR 02-03(A)) and ADOPTING the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program. ITEM EXPLANATION: In 2003, the City Council certified a Program Environmental Impact Report (EIR 02-03) for maintenance and fiood control activities for the Buena Vista Channel Benefit Assessment District ("District") which is located along Buena Vista Creek between the South Vista Way bridge and the Jefferson Street bridge. The city's current channel maintenance program extends from 2003 for a 10- year period, through 2013, as authorized under a current California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA). This Supplemental Program EIR is being prepared to renew the necessary permits to continue the ongoing maintenance activities for a minimum of 20 years, commencing in 2014. The Supplemental Program EIR evaluates the continued maintenance and fiood control activities for the project area considered in the 2003 Program EIR, and is expanded westeriy to the Jefferson Street bridge to include the area within the coastal zone. The city is proposing to continue to remove vegetation in the same manner as currently being performed under the S/\A. The vegetation would be removed in the northern half of the channel over a period of five years: one-fifth of the northern half of the channel would be removed by hand down to ground level or water surface every year. Pursuant to the SSA, vegetation removal is not allowed at all on the southern half of the creek. Thus, each year one-tenth of the vegetation in the channel project site would be removed. Without the ongoing maintenance program, the flood capacity of the channel would be reduced and during a 100-year storm event, flows would overtop the channel banks and inundate the adjacent parking lots in the District. The Supplemental Program EIR provides a comprehensive consideration of potential environmental effects, including cumulative impacts, mitigation measures, and alternatives. Significant effects with respect to biological resources and hydrology and water quality have been identified in the Supplemental Program EIR. However, all impacts would be reduced to less than significant levels under CEQA through implementation of the proposed mitigation measures. No significant, unmitigable impacts associated with implementation of the project have been identified. Additional information regarding the environmental review for the project is discussed below under the Environmental Impact section of this report. FISCAL IMPACT: The Buena Vista Channel Benefit Assessment District was formed in 1989 according to the provisions of the Benefit Assessment Act of 1982. The formation was requested by adjacent property owners in order to provide an effective, consistent means of clearing the channel to allow for design flow. The DEPARTMENT CONTACT: Barbara Kennedy 760-602-4626 barbara.kennedy(a^carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 entire maintenance program is funded by the beneflt assessments collected from the District's adjacent property owners. The projected fund balance at the end of Fiscal Year 2012-13 is approximately $1.1 million. City staff is currently administering the District's funding and has implemented past and anticipated future maintenance efforts, so there will be no additional flscal impact to carry out the proposed long-term maintenance program for this section of Buena Vista Creek. ENVIRONMENTAL IMPACT: The Supplemental Program Environmental Impact Report (EIR 02-03(A)) was prepared for the Buena Vista Creek Channel Maintenance Project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title19) of the Carisbad Municipal Code. EIR 02-03(A) includes a program-level assessment of the potential impacts associated with the continued maintenance of the Buena Vista Creek channel. The Draft Supplemental EIR was submitted to the State Clearinghouse and a Notice of Completion was filed, published and mailed to responsible agencies and interested parties commencing a 45-day comment period which ended on April 11, 2013. In addition to three comment letters which were received, the San Luis Rey Band of Mission Indians requested that the city inform them when the project activities will occur so that a representative could be present as a monitor. The city has agreed to comply with this request and has added a project design feature to the project description in the Final Supplemental Program EIR. This revision is for clarification purposes only and does not result in any changes to the significant conclusions presented in the document. All comment letters and responses to comments are included in the Final Supplemental Program EIR. EIR 02-03(A) concludes that there is the potential for significant impacts in the areas pf Biological Resources and Hydrology and Water Quality. Mitigation Measures have been prepared which would reduce these impacts to a less than significant level. The Supplemental Program EIR also determines that there are no significant and unmitigated impacts as a result of the project and therefore, a statement of overriding considerations is not required. Candidate Findings of Fact (Exhibit "EIR-A") and a Mitigation Monitoring and Reporting Program (Exhibit "EIR-B") have been prepared and are attached to the draft City Council Resolution, labeled Exhibit 1 of this Agenda Bill. EXHIBITS: 1. City Council Resolution No. 2013-136 2. Location Map 3. Final Supplemental EIR 02-03(A) for the Buena Vista Creek Channel Maintenance Project (previously distributed to the City Council and available for public review in the Planning Division). 20 21 22 23 24 25 26 27 28 The City Council of the City of Carisbad, California, does hereby resolve as EXHIBIT 1 1 RESOLUTION NO. 2013-136 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING A SUPPLEMENTAL 3 PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE BUENA VISTA CREEK CHANNEL MAINTENANCE PROJECT 4 AND ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM. 5 CASE NAME: BUENA VISTA CREEK MAINTENANCE CASE NO.: EIR 02-03(A) 6 7 follows: 8 WHEREAS, on August 5, 2003 the City Council of the City of Carisbad certified a 9 Program Environmental Impact Report and adopted candidate Findings of Fact and a Mitigation 10 Monitoring and Reporting Program for the Buena Vista Creek Maintenance Project (EIR 02-03) 11 to implement an on-going maintenance program to reduce flooding of the Buena Vista Channel 12 Benefit Assessment District (District") properties; and 13 WHEREAS, the Streambed Alteraflon Agreement {SAA) (#1600-2004-0006-R5) 14 issued by California Department of Fish and Wildlife (CDFW) on February 11, 2004, which 1^ permits the City of Carisbad to implement the maintenance program, is scheduled to terminate 1^ on December 31, 2013; and 1WHEREAS, the need, frequency, and methods to maintain Buena Vista Creek ^ ^ channel within the District have been reevaluated; and WHEREAS, in compliance with the California Environmental Quality Act (CEQA) a Draft Supplemental Program Environmental Impact Report was prepared and submitted to the State Clearinghouse and a Notice of Completion was flied, published, and mailed to responsible agencies and interested parties providing a 45-day review period, and all comments received from that review period are contained in the Final Supplemental Program EIR 02-03(A) as well as the responses to comments; and WHEREAS, the City Council did on the llth day of June , 2013 hold a duly noticed hearing as prescribed by law to consider the Final Supplemental Program EIR 02-03(A) for the Buena Vista Creek Channel Maintenance Project; and 3 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 3 relating to Final Supplemental Program EIR 02-03(A), the Candidate Findings of Fact, and the 4 Mitigation Monitoring and Reporting Program. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 6 of Carisbad, as follows: ^ 1. That the foregoing recitations are true and correct. 8 9 10 2. That the Supplemental Program EIR 02-03(A) dated May 2013, prepared for the above-referenced project, on file with the City Clerk, and incorporated herein by reference, is CERTIFIED and that the Candidate Findings of Fact ("CEQA Findings" or "Findings") attached hereto marked as Exhibit "EIR-A" and the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto marked as Exhibit "EIR-B" and incorporated JI herein by reference are ADOPTED based on the following findings and subject to the following condition: Findings: 12 13 1. The City Council of the City of Carisbad does hereby find that the Final 14 Supplemental Program EIR 02-03(A), the CEQA Findings, and the MMRP have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR 15 Guidelines and the Environmental Review Procedures of the City of Carisbad. 16 2. The City Council does hereby find that it has reviewed, analyzed and considered the Final Supplemental Program EIR 02-03(A), the environmental impacts therein 17 identified for this project, the CEQA Findings, and the MMRP prior to approving the project. 18 3. The City Council does hereby find that the Final Supplemental Program EIR 02-03(A) reflects the independent judgment of the City Council. 19 4. The City Council does accept as its own, incorporate as if set forth in full herein, and make each and every one of the flndings contained in the CEQA Findings (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 22 5. The City Council does hereby flnd that the Mitigation Monitoring and 23 Reporting Program (Exhibit "EIR-B") is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply 24 with the feasible mitigation measures identifled in the CEQA Findings and the MMRP. 25 6. The Record of Proceedings for this project consists of the Final Supplemental Program EIR (EIR 02-03(A)), CEQA Findings, and MMRP; all reports, 26 applications, memoranda, maps, letters and other documents prepared by the environmental consultant and the City of Carisbad which are before the decision-makers; all documents 27 submitted by members of the public and public agencies in connection with the Final 28 1 Supplemental Program EIR; minutes of all public hearings; and matters of common knowledge to the City of Carisbad which they may consider, including but not limited to, the Carisbad 2 General Plan, Carisbad Zoning Regulations, Habitat Management Plan, and Local Facilities Management Plans. The full administrative record may be found at 1200 Carisbad Village Drive 3 in the custody of the City Cleric and at 1635 Faraday Avenue in the custody of the City Planner. 4 Condition: 5 1. The City of Carisbad shall implement, or cause the implementation of the mitigation measures described in Exhibit "EIR-B", the Mitigation, Monitoring, and Reporting 6 Program for the Buena Vista Creek Channel Maintenance Project Final Supplemental Program ^ EIR 02-03(A). 8 10 11 12 13 14 15 18 19 20 21 22 25 26 27 28 "NOTICE TO APPLICANT" 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 Carisbad 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 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 Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. // 16 // 17 // // // // // 23 // 24 // // // -3-5 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11^^ day of June , 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL, Mayor ATTEST: KA^Eiyft. KU( (SEAL) EXHIBIT 2 SR-78 IZ J^COSTAAV /l r\ / 1 \ lA / r V '•• . .'• \ SITE MAP N w NOT TO SCALE Buena Vista Creek Channel Maintenance Project Supplemental EIR EIR 02-03(A) • EXHIBIT 3 Exhibit "EIR-A" California Environmental Quality Act Candidate Findings of Fact (Public Resource Code Section 21081, CEQA Guidelines Section 15091) for the Buena Vista Creek Channel Maintenance Program Final Supplemental Environmental Impact Report (EIR 02-03A) (SCH No. 2002101015) SECTION 1. CITY COUNCIL CERTIFICATIONS In accordance with Section 15090 of the Califomia Enviroimiental Quality Act (CEQA) Guidelines, the City Council certifies that: 1. The Final Supplemental Environmental Impact Report (SEIR) has been completed in compliance with CEQA and the CEQA Guidelines. 2. The Final SEIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final SEIR prior to adopting the proposed Buena Vista Creek Channel Maintenance Program. 3. The Final SEIR reflects the independent judgment of the City Council and contains sufficient information and analysis to allow the City Council to make an informed decision, considering the environmental implication of the proposed project, mitigation measures, and alternatives. SECTION 2. INTRODUCTION An SEIR has been prepared pursuant to CEQA, the CEQA Guidelines, and Chapter 19.04 (Enviroimiental Protection Procedures) of the Carlsbad Municipal Code to address the potential enviroimiental effects of the Buena Vista Creek Channel Maintenance Project (the proposed project). This SEIR analyzes the potential physical impacts that would result from the implementation of the proposed channel maintenance program. The purpose of this SEIR is to: (1) identify the potentially significant effects of the proposed project to the environment and to indicate the manner in which those significant effects can be avoided or significantly lessened, (2) identify any significant and unavoidable adverse impacts that cannot be mitigated to a less- than-significant level, and (3) identify reasonable and feasible alternatives to the proposed project that would avoid or substantially lessen any significant adverse environmental effects associated with the proposed project. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact Exhibit "EIR-A" A. Project Description The proposed project is the update of the Buena Vista Creek Channel Maintenance Program. In 2003, the City of Carlsbad (City) approved a Program EIR to implement an ongoing maintenance program to reduce flooding of the Maintenance District properties along Buena Vista Creek. The maintenance program, which was initiated in 2004, is still underway, consisting of hand removal of vegetation within the northern half of the channel between the South Vista Way bridge and the Coastal Zone boundary over a 5-year period. A Streambed Alteration Agreement (SAA) (#1600-2004-0006-R5) was issued by Califomia Department of Fish and Wildlife (CDFW) on Febmary 11, 2004. The SAA was extended on January 21, 2009, and is scheduled to terminate on December 31, 2013. Therefore, the City has reevaluated the need, frequency, and methods to maintain Buena Vista Creek channel within the Maintenance District through the preparation of additional hydraulic studies (Chang Consultants 2013^). Based on the results of the hydraulic study, the proposed project is consistent with the current channel maintenance program. Specifically, the project proposes an ongoing maintenance program to continue to provide flood protection of the Maintenance District properties. The proposed maintenance program consists of hand removal of vegetation within the northem half of the channel between the South Vista Way bridge and the Jefferson Street bridge. The vegetation would be removed in the northem half of the channel over a period of 5 years so that one-fifth of the vegetation in the northem half of the channel would be removed by hand every year. Thus, each year, one-tenth of the vegetation in the channel project site would be removed. Vegetation would not be removed between March 15 to September 15 to avoid impacts to most nesting birds; in accordance with the Migratory Bird Treaty Act. Vegetation removal would occur at the end of the growing season/beginning of the dormant season. The vegetation would be cut at ground level or the water surface and no ground disturbance would occur during the lifetime of the project. The vegetation would be hauled out of the channel and disposed of appropriately. For purposes of vegetation removal, maintenance vehicles will use the existing access road that mns parallel to the northem bank of the channel. The City will continue to survey the surface elevation of the channel every 4 years to track the channel bottom elevation changes due to increased silt. If the silt levels exceed 2 feet above the design elevations, as documented by the survey data, the City will consider maintenance dredging. However, it is not anticipated that silt levels will exceed 2 feet above the design elevations within this portion of the channel, nor is dredging addressed in the SEIR. ^ Chang Consultants. 2013. Hydraulic Analyses for Buena Vista Creek Channel Maintenance Project. Draft. Rancho Santa Fe, Califomia: Howard H. Chang Consultants. January 14,2013 May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 1 Exhibit "EIR-A" B. Project Objectives The following section summarizes the objectives for the Buena Vista Creek Channel Maintenance Program, as described in Chapter 3 of the Final SEIR. These objectives also provide a basis for identification of altematives evaluated in the SEIR. Project objectives include: 1. To maintain an ongoing, 20-year channel maintenance program that provides a direct benefit, such as flood control, to the properties and parcels in the Maintenance District boundaries (City of Carlsbad 1989^). 2. Within the Maintenance District boundaries, provide periodic cleaning of the overgrowth and silt that impedes the free flow of water in the Buena Vista Creek channel (City of Carlsbad 1989). 3. To expand the current maintenance program dovmstream to include the portion of the Buena Vista Creek channel from the Coastal Zone boundary downstream to the Jefferson Street bridge (i.e., from Channel Station 1.214 to Channel Station 1.030). 4. To obtain the required resource agency permits to continue maintaining the channel as required by the terms of the Maintenance District (City of Carlsbad 1989). 5. To maintain an ongoing channel maintenance program to provide flood protection within the Maintenance District boundaries while reducing impacts to biological resources. C. Purpose of CEQA Findings CEQA findings are an important role in the consideration of projects for which an EIR is prepared. According to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, when a Final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record regarding each of the significant effects. The possible findings specified in CEQA Guidelines Section 15091 include: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. ^ Carlsbad, City of. 1989. "Buena Vista Creek Channel Maintenance District." City Council Agenda Bill no. 10,187, regarding Benefit Area no. 1. Supporting documentation attached, dated August 8, 1989: Order of Procedure, Engineer's Report and Assessment Map, Instruction Sheet, and Resolution no. 89-287 of the City Council. Other 1989 supporting documentation attached: Certificate of Sufficiency of Petition and Consent (July 31), Notice of Hearing (July 27), Resolution no. 89-250 of the City Council (Approved July 18) with proof of publication (July 26), Proposed Boundaries of (Approved July 11) and Diagram for (Filed July 7) Benefit Area no. 1, and Certificates of Compliance with Notice Requirements (Executed August 14 and November 8). May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 10 Exhibit "EIR-A" 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other consideration, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project altematives identified in the Final EIR. CEQA Guidelines Section 15092(b) provides that no agency shall approve or carry out a project for which an EIR was prepared unless either: 1. The project as approved will not have a significant effect on the environment, or 2. The agency has: a. Eliminated or substantially lessened all significant effects on the environment where feasible as shovm in findings under Section 15091, and b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to the overriding concems as described in Section 15093. The following statement of facts and findings ("Findings") has been prepared in accordance with CEQA, for use by the City in connection with its actions as Lead Agency for the Project. SECTION 3. FINDINGS FOR IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City Council, having reviewed and considered the information contained in the SEIR, finds pursuant to PubHc Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1) that changes or alterations have been required in, or incorporated into, the project that would mitigate, avoid, or substantially lessen to below a level of significance direct and indirect environmental effects identified in the SEIR. The project has no significant and unavoidable impacts and a Statement of Overriding Considerations is not required for the project. The City Council hereby finds that mitigation measures have been identified in the Final SEIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less-than-significant level. The potentially significant impacts and the mitigation measures that will reduce the impacts to a less-than-significant level are as follows: May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact Exhibit "EIR-A' A. Biological Resources 1. Potentially Significant Impacts: a. Direct Temporary Impacts to Special-Status Wildlife Species Direct temporary impacts to special-status wildlife species that breed and/or forage in freshwater marsh or that have the potential to use freshwater marsh are considered significant impacts. Implementation of Mitigation Measure BIO-1 would reduce potential impacts to this species to less than significant. In addition, direct, temporary impacts would potentially occur from removal or trampling of suitable habitat for special-status wildlife outside designated work zones. This is considered a potentially significant impact, and implementation of Mitigation Measure BIO-2 would reduce this impact to less than significant. b. Indirect Temporary Impacts to Special-Status Wildlife Species Potential temporary indirect impacts to special-status wildlife species would primarily result from vegetation removal activities. Additional temporary indirect impacts would also potentially occur as a result of fugitive dust, noise, chemical pollutants, increased human activities, and non-native animal species. These potentially significant impacts would be reduced to less-than-significant levels with implementation of Mitigation Measure BIO-2. Temporary indirect impacts to nesting birds would result if the proposed maintenance activities would occur during the breeding/nesting season. Implementation of Mitigation Measure BIO-3 would reduce this impact to less than significant. c. Indirect Long-Term Impacts to Special-Status Wildlife Species The proposed project would potentially result in long-term or permanent indirect impacts to special-status wildlife species from the invasion of non-native plant species. Implementation of Mitigation Measure BIO-1 would reduce this impact to less than significant. d. Direct Temporary Impacts to Special-Status Vegetation Communities The Buena Vista Creek Channel Maintenance Project would result in temporary direct impacts to approximately 3.67 acres of freshwater marsh and approximately 1.28 acres of understory species in southem willow scmb over a 5-year period. These temporary impacts to special-status vegetation communities are considered a significant impact. Implementation of Mitigation Measure BIO-1 would reduce these impacts to less than significant. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 5 Exhibit "EIR-A" Direct, temporary impact to vegetation communities would also potentially occur from the removal or trampling of vegetation outside designated work zones, which would result in a significant impact. Implementation of Mitigation Measure BIO-2 would reduce this potential impact to less than significant. e. Indirect Impacts to Special-Status Vegetation Communities During channel maintenance activities, fugitive dust, increased human activity, and the introduction of chemical pollutants (including herbicides) would result in short-term mdirect impacts to special-status vegetation communities. Implementation of Mitigation Measures BIO-2 and BIO-4 would reduce these impacts to less than significant. f Direct Impacts to Jurisdictional Waters, Including Wetlands The proposed maintenance program would result in direct, temporary impacts to several jurisdictional waters, including 1.61 acres of waters (including wetlands under the jurisdiction of the U.S. Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), CDFW, and Califomia Coastal Commission (CCC)), and an additional 3.47 acres of waters (including wetlands under the jurisdiction of ACOE, RWQCB, and CDFW). These direct, temporary impacts would be reduced to less than significant with implementation of Mitigation Measures BIO-1 and BIO-4. g. Indirect Impacts to Jurisdictional Waters, Including Wetlands Potential indirect, long-term impacts to jurisdictional waters or wetlands on site would result from disturbance outside of the project impact area. Implementation of Mitigation Measure BIO-2 would reduce this impact to less than significant. The project would also result in long-term indirect impacts to jurisdictional waters, including wetlands, due to changes in hydrology and hydraulics, and the introduction of non-native invasive species. Implementation of Mitigation Measure BIO-1 would reduce this potential impact to less than significant. In addition, the project area would potentially be significantly impacted by short- term, indirect impacts from the generation of fugitive dust, increased human activity, and the introduction of chemical pollutants. Implementation of Mitigation Measures BIO-2 and BIO-4 would reduce impacts to less than significant. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 13 Exhibit "EIR-A" 2. Findings: The City Council hereby fmds that with the implementation of the foUovsdng mitigation measures, potential impacts to biological resources will be reduced to less than significant. MM BIO-1: Proposed mitigation for temporary impacts to special-status vegetation communities shall be through on-site enhancement. The Maintenance District shall be responsible for monitoring and eradicating exotic plant species within the 11.2-acre project area annually for the duration of the maintenance program. The enhancement shall be implemented in accordance with the Buena Vista Creek Channel Exotic Plant Species Control Plan (Dudek 2003) and any additional updates to this plan required by the Califomia Department of Fish and Wildlife (CDFW) in the Streambed Alteration Agreement. A monitoring report documenting the invasive exotic plant species removed and an assessment of the functions and values of the 11.2-acre project area shall be submitted to the City of Carlsbad City Planner and City Engineer annually. MM BIO-2: To prevent inadvertent disturbance to areas outside the limits of the maintenance areas, the vegetation removal shall be monitored by a qualified biologist. A biologist shall be contracted by the City of Carlsbad to perform biological monitoring during maintenance activities. Additionally, the project biologist shall implement or verify implementation of the following monitoring requirements and Best Management Practices (BMPs) and conduct pre-activity education meetings to review each of these requirements and BMPs. Monitoring reports and a post-constmction monitoring report shall be prepared to the satisfaction of the City of Carlsbad to document compliance with BIO-1. 1. During vegetation removal activities, biologist shall conduct daily site visits. 2. Biologist shall discuss procedures for minimizing harm to or harassment of wildlife encountered during maintenance activities with the contractor and other key constmction personnel prior to activities. 3. Biologist shall review and/or designate the vegetation removal area in the field with the contractor in accordance with the final plan. 4. Biologist shall flush special-status species (i.e., avian or other mobile species) from occupied habitat areas immediately prior to vegetation removal activities. 5. Maintenance vehicles shall not exceed 15 miles per hour on unpaved roads adjacent to project site or the right-of-way accessing the site. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 7 Exhibit "EIR-A" 6. If trash and debris need to be stored ovemight during the maintenance activities, fully covered trash receptacles that are animal-proof and weather- proof will be used by the maintenance contractor to contain all food, food scraps, food wrappers, beverage containers, and other miscellaneous trash. Altematively, standard trash receptacles may be used during the day, but must be removed each night. 7. Cut vegetation shall be hauled out of the channel and stored, if necessary, where it cannot be washed by rainfall or runoff into the channel. When maintenance activities are completed, any excess materials or debris shall be removed from the project site. 8. Temporary stmctures and storage of constmction materials shall not be located in jurisdictional waters, including wetlands and riparian areas. 9. Staging/storage areas for constmction equipment and materials shall not be located in jurisdictional waters, including wetlands and riparian areas. 10. Any hand-held equipment used for maintenance activities that is operated within jurisdictional waters, including wetlands and riparian areas, shall be checked and maintained by the operator daily to prevent leaks of oil or other petroleum products that could be deleterious to aquatic life if introduced to the watercourse. 11. No equipment maintenance shall be performed within 100-feet of jurisdictional waters, including wetlands and riparian areas, where petroleum products or other pollutants from the equipment may enter these areas. Fueling of equipment shall not occur on the project site. 12. Pets on or adjacent to constmction sites shall not be permitted by the operator. MM BIO-3 In order to avoid temporary indirect impacts to nesting birds, maintenance activities shall not occur during the nesting bird season (March 15 through September 15). MM BIO-4 All applicable laws, regulations, safety precautions, and label directions must be followed when performing pest control. All pesticide applications shall be performed by a contractor with a valid Qualified Applicator License (QAL) and a valid Pest Control Business License. A licensed Pest Control Adviser (PCA) shall be consulted if specific pest control recommendations are required. The timing of any weed control shall be determined for each plant species with the goal of controlling populations before they can reproduce by spreading vegetatively or producing seed. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 16 Exhibit "EIR-A" 5. Facts in Support of Finding: Implementation of Mitigation Measures BIO-1 and BIO-2 would reduce potentially significant impacts on special-status wildlife species to a less-than-significant level by requiring specific monitoring guidelines and BMPs. In addition. Mitigation Measure BIO-3 would reduce potentially significant impacts to special-status wildlife species by avoiding maintenance activities during the breeding season. Implementation of Mitigation Measures BIO-1, BIO-2, and BIO-4 would reduce potentially significant impacts to special-status vegetation communities to less than significant. Compliance with all applicable laws, regulations, safety precautions, and label directions would reduce potentially significant impacts from fugitive dust, increased human activities, and introduction of chemicals to less than significant. Potentially significant impacts on jurisdictional waters, including wetlands, would be reduced through implementation of Mitigation Measures BIO-1, BIO-2, and BIO-4. B. Hydrology and Water Quality The City Council hereby finds that a mitigation measure has been identified in the Draft SEIR that will avoid or substantially lessen the following potentially significant direct and cumulative environmental impact to a less-than-significant level. The potentially significant impact and mitigation measure that will reduce the impact to a less-than-significant level is as follows. L Potentially Significant Impacts: a. Water Quality The equipment required for the proposed maintenance activities would include tmcks for the transport of the vegetation, which would have the potential for spills of hazardous materials, such as fuel or oil adjacent to the creek. Implementation of Mitigation Measure HYDRO-1 would reduce impacts to less than significant. 2. Findings: The City Council hereby finds that with the implementation of the foUovmig mitigation measure, potential water quality impacts will be reduced to less than significant. MMHYDRO-1 The Maintenance District shall ensure that all equipment required for maintenance activities shall be refueled or maintained wdthin designated staging areas (adjacent parking lots). Best Management Practices (BMPs) to contain accidental spills of hazardous materials shall be utilized when performing vehicle maintenance or refueling. Such BMPs may include the foUov^ng: May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 1^ Exhibit "EIR-A" • When equipment is being utilized along the access road, drip pans shall be placed under all potential discharge conduits or leaks. • "Spot clean" leaks and drips routinely to prevent runoff of spillage. • Post signs to remind employees not to top off the fuel tank when filling and signs that ban employees from changing engine oil or other fluids at the project location. • Report leaking vehicles to fleet maintenance. 5. Facts in Support of Finding: Implementation of Mitigation Measure HYDRO-1 would minimize impacts to water quality in Buena Vista Creek and Buena Vista Lagoon from potential hazardous materials spills from project equipment. Implementation of these measures would reduce water quality impacts to less than significant. SECTION 4. FINDINGS FOR EFFECTS FOUND NOT TO BE SIGNIFICANT The City Council hereby finds that based on the substantial evidence appearing in Chapter 5 of the Draft SEIR that implementation of the Buena Vista Creek Channel Maintenance Program would not resuh in significant impacts to aesthetics, agricultural and forestry resources, air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, utilities and services, and energy. SECTION 5. FINDINGS REGARDING PROJECT ALTERNATIVES Since the Buena Vista Creek Channel Maintenance Project would cause potentially significant environmental effects, the City Council must consider the feasibility of an environmentally superior altemative to the Buena Vista Creek Channel Maintenance Project. The City Council must evaluate whether these altematives could avoid or substantially lessen the unavoidable significant environmental effects while achieving most of the project objectives. Chapter 7 of the Final SEIR evaluates a range of potential altematives to the proposed 5-year maintenance regime. In compliance with CEQA and the CEQA Guidelines, the altematives analysis also includes an analysis of a No Project Altemative and discusses the Environmentally Superior Altemative. The analysis examines the feasibility of each altemative, the environmental impacts of each altemative, and the ability of each altemative to meet the objectives identified in Section 3.1.2 of the Final SEIR. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 10 n Exhibit "EIR-A" The City Council has independently reviewed and considered the information on altematives provided in the Final SEIR and the administrative record, and finds that all the altematives would either not meet the majority of the project objectives, would result in greater environmental impacts, or would reduce flood protection to the Maintenance District. A. No Project Alternative L Description The No Project Altemative assumes the project would not be implemented and the current maintenance program will terminate in December 2013 and no new maintenance program vsdll be implemented. This altemative would avoid impacts to biological resources but would increase impacts associated with hydrology and water quality. 2, Findings The City Council finds that the No Project Altemative is infeasible because the altemative fails to meet any of the project objectives and would increase impacts associated with hydrology and water quality. 5. Facts in Support of Finding Under the No Project Altemative, the existing channel maintenance activities would cease at the end of 2013. Therefore, commencing in 2014, vegetation within Buena Vista Creek would start to become overgrown and would impede the free flow of water. This altemative would avoid all of the potentially significant indirect and direct impacts to biological resources identified for the Buena Vista Creek Channel Maintenance Project. However, this altemative would not provide the needed flood control support for the Maintenance District properties. The increase in flooding would result in inundation of adjacent parking lots in the Maintenance District. The flood water from the parking lot carries pollutants into the creek, which adversely affects the water quality. Therefore, the No Project Altemative would result in additional significant impacts to flood hazards and water quality that would not occur with the proposed project. The No Project Altemative would not meet project objectives 1 through 4. B. Alternative 1 - Vegetation Clearing of the Entire Channel Bed Every Year L Description Altemative 1 includes hand removal of vegetation wdthin the entire channel, including both the northem and southem half of the channel, between the upstream face of Jefferson Street May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 11 Exhibit "EIR-A" bridge east to the downstream face of the South Vista Way bridge every year. All vegetation would be cut at ground level or the water surface and hauled out of the channel and disposed of appropriately. Maintenance activities would occur over a very short duration; typically maintenance activities occur over a 4-week or less period per year. 2. Findings Altemative 1 would increase impacts to biological resources and would have similar impacts to hydrology and water quality. S, Facts in Support of Finding Altemative 1 would achieve project objectives 1, 2, 3, and 4 since it would maintain the channel maintenance program for the Maintenance District to provide continued flood protection for properties within the Maintenance District. This annual maintenance regime would largely be contained with the southem channel banks and would only overtop the northem channel near the Jefferson Street bridge and the Mohnacky Animal Hospital. On the southem channel, the flows would overtop the banks by 0.1 feet at one channel station. Therefore, Altemative 1 would provide the Maintenance District increased flood protection when compared to the proposed project. Altemative 1 would increase impacts to biological resources. Under Altemative 1, clearing activities would be considered a permanent impact to biological resources because there would not be enough time for the vegetation to recover prior to the next annual clearing event. This would result in approximately 10.9 acres of permanent impacts to special-status vegetation communities and wetlands/waters under the jurisdiction of the ACOE, CDFW, RWQCB, and/or CCC. Other biological impacts would remain similar to the proposed project. Although this maintenance regime would still not provide 100-year flood protection, this annual maintenance regime would provide the Maintenance District increased flood protection unless levees are improved and raised at least 3 feet, which is outside the scope of services provided by the Maintenance District (City of Carlsbad 1989). Clearing the entire channel bed annually would result in increased flood protection when compared with the proposed project, but additional impacts to biological resources would require additional mitigation to reduce impacts to a less-than-significant level. Therefore, Altemative 1 does not provide an environmental advantage over the proposed project. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 12 Exhibit "EIR-A" C. Alternative 2 - Vegetation Clearing from One-Half of the Channel Bed Every Year 1, Description Altemative 2 includes hand removal of vegetation within the northem half of the channel, between the upstream face of the Jefferson Street bridge east to the downstream face of the South Vista Way bridge every year. All vegetation would be cut at ground level or the water surface and hauled out of the channel and disposed of appropriately. Maintenance activities would occur over a very short duration; typically maintenance activities occur over a 4-week or less period per year. This annual maintenance regime would provide 100-year flood protection at Channel Station 1.030, between Channel Stations 1.135 and 1.498, at Channel Station 1.498, and just dovmstream of the South Vista Way bridge and would avoid inundating the adjacent parking lot in the Maintenance District with flood water. At other channel station locations, Altemative 2 would not provide 100-year flood protection, but, as with the proposed project, the maintenance would reduce the amount of flooding. The reduction in the surface elevation flooding with Altemative 2 would be 1.7 feet. 2, Findings Altemative 2 would reduce the amount of flooding for the Maintenance District properties, but would increase impacts to biological resources. 3, Facts in Support of Finding Altemative 2 would achieve project objectives 1, 2, 3, and 4 since it would maintain the channel maintenance program for the Maintenance District to provide continued flood protection for properties within the Maintenance District. It would provide periodic clearing of overgrowth that impedes the free flow of water wdthin Buena Vista Creek and would expand the channel maintenance program west to Jefferson Street bridge. In addition, permits to continue the proposed maintenance activities could be achieved with this altemative. An annual maintenance regime that removes vegetation from the northem half of the channel would provide 45-year flood protection annually as compared to the proposed project, which would provide 21-year flood protection in Year 1, and 41-year flood protection in Year 5. However, clearing the channel bed annually would be considered a permanent impact to special-status vegetation communities. Therefore, Altemative 2 would result in permanent impacts to 5.08 acres of special-status vegetation communities and wetiands/waters under the jurisdiction of the ACOE, CDFW, RWQCB, and/or CCC, which would not occur under the proposed project. In addition, permanent impacts to May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 13 Exhibit "EIR-A" suitable habitat for special-status species that have been observed or have a moderate potential to occur (refer to Appendix H of SEIR Appendix B, Biological Resources Report) including riparian woodland and scmb bird species, freshwater marsh and other wetland bird species, and amphibians and reptiles are expected to occur under Altemative 2 and not under the proposed project. Similar to the proposed project, unforeseen temporary direct impacts during maintenance outside of the maintenance footprint, and potential direct impacts to nesting birds would also potentially occur under Altemative 2. Indirect impacts under Altemative 2 would be similar to those identified for the proposed project. Clearing one-half of the channel bed annually would result in increased flood protection when compared with the proposed project, but additional impacts to biological resources would require additional mitigation measures to reduce these impacts to a less-than- significant level. Therefore, Ahemative 2 does not provide an environmental advantage over the proposed project. D. Alternative 3 - Vegetation Clearing from One-Half of the Channel Bed Every Three Years 1, Description Altemative 3 is similar to the proposed project except the interval of the maintenance regime is different. Altemative 3 would include hand removal of vegetation within the northem half of the channel between the upstream face of Jefferson Street bridge east to the downstream face of the South Vista Way bridge over a 3-year period (i.e., one-sixth of the channel each year). Consistent with the proposed project, the vegetation removal would occur only in freshwater marsh and the understory of southem v^Uow scmb; no trees, including riparian trees, would be removed during channel maintenance. Vegetation would be cut at ground level or the water surface and hauled out of the channel and disposed of appropriately. Maintenance activities would occur over a very short duration; typically maintenance activities occur over a 4-week or less period per year. At Channel Station 1.030, between Channel Stations 1.135 and 1.373, at Channel Station 1.498, and just downstream of the South Vista Way bridge, a 3-year maintenance regime would provide 100-year flood protection, in maintenance Year 3, and avoid inundating the adjacent parking lot in the Maintenance District with flood water. At other channel station locations, Altemative 3, a 3-year maintenance regime, would not provide 100-year flood protection, but, as with the proposed project, the maintenance would reduce the amount of flooding. For example, at Channel Station 1.066, the channel would overtop May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 14 Exhibit "EIR-A" the banks by 2.2 feet during a 100-year storm event without maintenance, and by 0.5 feet during Year 1 of the 3-year maintenance regime. Therefore, in Year 1 of a 3-year maintenance regime, the surface elevation flooding would be reduced by 1.7 feet. 2. Findings Altemative 3 would reduce the amount of flooding for the Maintenance District properties, but would increase impacts to biological resources. 3, Facts in Support of Finding Altemative 3 would achieve project objectives 1, 2, 3, and 4 smce it would maintain the channel mamtenance program for the Maintenance District to provide continued flood protection for properties within the Maintenance District. It would provide periodic clearing of overgrowth that impedes the free flow of water v^thin Buena Vista Creek and would expand the channel maintenance program west to Jefferson Street bridge. In addition, permits to continue the proposed maintenance activities would be achieved with this altemative. The 3-year maintenance regime proposed under Altemative 3 would provide between 21- year flood protection in maintenance Year 1 and 43-year flood protection in Year 3 as compared to the proposed project, which provides 21-year flood protection in Year 1, 23- year flood protection in Year 3, and 41-year flood protection in Year 5. Therefore, Altemative 3 would provide the Maintenance District with increased flood protection when compared to the proposed project. Potential impacts to water quality would be the same as those for the proposed project. Similar to the proposed project, no permanent direct impacts to special-status biological resources would occur under Altemative 3. Temporary direct impacts to special-status species and indirect impacts to special-status biological resources under Altemative 3 would also be the same as the proposed project. However, temporary direct impacts to special-status vegetation communities and jurisdictional waters, including wetlands, would increase on a per-year basis under Altemative 3 when compared to the proposed project. Specifically, vegetation removal would result in 5.08 acres of impacts within 3 years, which is also under the jurisdiction of the ACOE, CDFW, and RWQCB as waters, including wetlands. In addition, 1.6 acres of impacts that would result in Year 1 would be under the jurisdiction of the CCC as wetlands. Clearing one-half of the channel bed every 3 years would result in increased flood protection when compared with the proposed project, but additional impacts to biological resources would require additional mitigation to reduce impacts to a less-than-significant level. Therefore, Altemative 3 does not provide an environmental advantage over the proposed project. May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 15 Exhibit "EIR-A" E. Alternative 4 - Vegetation Clearing from One-Half of the Channel Bed Every Six Years 1, Description Altemative 4 is similar to the proposed project except for the interval of the maintenance regime. Altemative 4 includes hand removal of vegetation within the northem half of the channel between the upstream face of Jefferson Street bridge east to the downstream face of the South Vista Way bridge over a 6-year period (i.e., one-twelfth of the channel each year). Consistent vvdth the proposed project, the vegetation removal would occur only in freshwater marsh and the understory of southem willow scmb; no trees, including riparian trees, would be removed during channel maintenance. Vegetation would be cut at ground level or the water surface and hauled out of the channel and disposed of appropriately. Maintenance activities would occur over a very short duration; typically maintenance activities occur over a 4-week or less period per year. At Channel Station 1.030, between Channel Stations 1.135 and 1.336 and just downstream of the South Vista Way bridge, a 6-year maintenance regime would provide 100-year flood protection, in maintenance Year 6, and avoid inundating the adjacent parking lot in the Maintenance District with flood water. At other channel station locations, Altemative 4 would not provide 100-year flood protection, but, as with the proposed project, the maintenance would reduce the amount of floodmg but not as much as the proposed project. 2. Findings Altemative 4 would increase flooding and water quality impacts but would decrease impacts to biological resources. 5. Facts in Support of Finding Altemative 4 would achieve project objectives 1, 2, 3, 4, and 5 since it would maintain the channel maintenance program for the Maintenance District to provide continued flood protection for properties within the Maintenance District while reducing potential impacts to biological resources. It would provide periodic clearing of overgrowth that impedes the free flow of water within Buena Vista Creek and would expand the channel maintenance program west to Jefferson Street bridge. In addition, permits to continue the proposed maintenance activities could be achieved with this altemative. The 6-year maintenance regime would provide between 21-year flood protection in maintenance Year 1 and 39-year flood protection in Year 6, as compared to the proposed project, which also provides 21-year flood protection in Year 1 but 41-year protection in Year 5. Therefore, Altemative 4 would provide decreased flood protection in comparison May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 16 23 Exhibit "EIR-A" to the proposed project. In addition, decreased flood protection could result in an increase of pollutants being introduced into the creek. Therefore, Altemative 4 would result in increased impacts to water quality. As with the proposed project, no permanent direct impacts to special-status biological resources would occur from Altemative 4. In addition, temporary direct and indirect impacts to special-status biological resources would be the same as the proposed project. However, temporary direct impacts to special-status vegetation communities and jurisdictional water, including wetlands, would decrease on a per-year basis under Altemative 4. The total impacts to vegetation communities under Altemative 4 would be 5.08 acres over a 6-year period, whereas the proposed project would result in 5.08 acres of impacts over a 5-year period. The 5.08 acres of the channel within the maintenance area under Altemative 4 are also under the jurisdiction of the ACOE, CDFW, and RWQCB as waters, including wetlands. Additionally, of the 2.05 acres maintained in Years 1 and 2, 1.6 acres are under the jurisdiction of the CCC as wetlands. Clearing one-half of the channel bed every 6 years would result in decreased flood protection and increased water quality impacts when compared with the proposed project, but decreased impacts to biological resources. Therefore, Altemative 4 does not provide an environmental advantage over the proposed project. F. Environmentally Superior Alternative 1. Description CEQA Guidelines Section 15126.6(e)(2) requires that an EIR identify another altemative as environmentally superior, other than the No Project Altemative. CEQA also requires that the environmentally superior altemative be selected from the range of reasonable altematives that could feasibly attain the basic objectives of the project. 2. Findings Altemative 4, Vegetation Clearing from One-Half of the Channel Bed Every Six Years, would reduce, but not eliminate, potential impacts to biological resources. 5. Facts in Support of Finding Altemative 4, Vegetation Clearing from One-Half of the Channel Bed Every Six Years, would result in reduced impacts to biological resources compared to the proposed project. However, this altemative would provide decreased flood protection in comparison to the proposed project. In addition, decreased flood protection could result in an increase of May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 17 Exhibit "EIR-A" pollutants being introduced into the creek. Therefore, Altemative 4 would result in increased flooding and increased impacts to water quality in comparison to the proposed project. However, Altemative 4 would provide the greatest reduction in environmental impacts, and thus would be the environmentally superior altemative. SECTION 7. FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM CEQA requires the Lead Agency approving a project to adopt a monitoring program for changes to the project that it adopts or makes a condition of project approval in order to mitigate or avoid significant effects on the environment and ensure compliance during project implementation. A Mitigation Monitoring and Reporting Program (Exhibit "EIR-B") that accompanies the Final SEIR has been prepared to serve this purpose, and is hereby adopted by the City Council. SECTION 8. RECORD OF PROCEEDINGS The record of proceedings upon which the City Council has based these Findings consists of all the documents and evidence relied upon by City of Carlsbad in preparing the Buena Vista Creek Channel Maintenance Program SEIR. The record of proceedings is in the custody of: City of Carlsbad City Clerk 1200 Carlsbad Village Drive Carlsbad, Califomia 92008 OR City of Carlsbad City Planner 1635 Faraday Avenue Carlsbad, Califomia 92008 May 2013, Buena Vista Creek Channel Maintenance Program SEIR (EIR 02-03A) Findings of Fact 18 Exhibit "EIR-B" Mitigation Monitoring and Reporting Program for the Buena Vista Creek Channel Maintenance Project Prepared for: City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Contact: Barbara Kennedy Prepared by: Dudek 605 Third Street Encinitas, California 92024 MAY 2013 26> Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program TABLE OF CONTENTS Section Page No. INTRODUCTION 1 Roles and Responsibilities 2 Mitigation Monitoring Team 2 Program Procedural Guidelines 4 Actions in Case of Noncompliance 5 Summary of Project Impacts and Mitigation Measures 5 TABLE 1 Mitigation Measures 7 Exhibit "EIR-B" i May 2013 11 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program INTRODUCTION The City of Carlsbad (City) is the lead agency responsible for authorizing constmction/ maintenance of the Buena Vista Creek Channel Maintenance Project. Section 21081.6 of the Public Resources Code requires a public agency to adopt a mitigation monitoring and reporting program (MMRP) when it approves a project that is subject to the preparation of an Environmental Impact Report (EIR) and where the EIR for the project identifies significant adverse environmental effects. The Califomia Environmental Quality Act (CEQA) Guidelines Section 15097 further defines a lead agency's responsibility to ensure that the mitigation measures identified in the Subsequent Environmental Impact Report (SEIR) to reduce impacts to less than significant are implemented during the life of the project. The project proposes a maintenance regime to reduce flooding along the Channel Maintenance District. The SEIR includes measures to reduce or avoid potential environmental impacts associated with the project. This MMRP is designed to ensure compliance during constmction of the proposed project through ongoing monitoring and reporting of adopted mitigation measures. The primary goal of the MMRP is to ensure that mitigation measures, specified in the EIR, are adequately implemented during final design, constmction, and operation of the project. This plan includes specific actions to be taken to implement each mitigation measure, information on monitoring requirements, and the timing of implementation. This report serves a dual purpose to verify completion of the mitigation measures adopted as a condition of approval of the Buena Vista Creek Channel Maintenance Project, and to generate information of the effectiveness of the mitigation measures to guide ftiture decisions. The program includes the following: • Roles and responsibilities • Monitoring team qualifications • Specific monitoring activities • Reporting system. A maintenance program is necessary to provide flood protection for the existing Maintenance District located along the Buena Vista Creek Channel. While hand removal of vegetation within one-half of the channel over a 5-year period would not provide for 100-year flood protection for the properties and parcels within the Maintenance District, this maintenance regime would meet the goals and objectives of the project while avoiding and minimizing impacts to special-status biological resources in the channel and to water quality. The proposed maintenance program consists of hand removal of vegetation vvdthin the northem half of the channel between the South Exhibit "EIR-B" 1 May 2013 26 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Vista Way bridge and the Jefferson Street bridge. The vegetation would be removed in the northem half of the channel over a period of 5 years so that one-fifth of the vegetation in the northem half of the channel would be removed by hand every year. Thus, each year, one-tenth of the vegetation in the channel project site would be removed. Vegetation would not be removed between March 15 to September 15 to avoid impacts to most nesting birds in accordance with the Migratory Bird Treaty Act. Vegetation removal would occur at the end of the growing season/beginning of the dormant season. The vegetation would be cut at ground level or the water surface and no ground disturbance would occur during the lifetime of the project. The vegetation would be hauled out of the channel and disposed of appropriately. For purposes of vegetation removal, maintenance vehicles will use the existing access road that mns parallel to the northem bank of the channel. The City will continue to survey the surface elevation of the channel every 4 years to track the channel bottom elevation changes due to increased silt. If the silt levels exceed 2 feet above the design elevations, as documented by the survey data, the City will consider maintenance dredging. However, it is not anticipated that silt levels will exceed 2 feet above the design elevations within this portion of the channel, nor is dredging addressed in the SEIR. Roles and Responsibilities The City shall be responsible for ensuring full compliance with the provisions of the MMRP and has the primary responsibility for its implementation. The City shall document both compliance and non-compliance with the MMRP and provide the applicant with the results of the monitoring effort. In addition, the City shall take corrective action if non-compliance occurs. The City may assign monitoring and reporting responsibilities to a third-party monitor. The City and/or their designated contractor(s) is responsible for implementing the mitigation measures as defined in the SEIR and included in the mitigation measures in Table 1. The City shall ensure that constmction methods are in accordance with the MMRP and the required mitigation measures are being implemented. Mitigation Monitoring Team A monitoring team shall be identified once the mitigation measures have been adopted as conditions of approval by the City Council. A successful mitigation implementation and monitoring program requires the cooperation and participation of each project member. Prior to the start of constmction, project personnel responsible for overseeing the MMRP shall be designated and their roles and responsibilities ftirther refined. Managing the team would be the responsibility of the Mitigation Monitor. The monitoring activities would be accomplished by the Environmental Monitors, Environmental Specialists, and the Mitigation Monitor. While Exhibit "EIR-B" 2 May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program specific qualifications should be determined by the City, the monitoring team should possess the following capabilities: • Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; • Knowledge of and appreciation for the general environmental attributes and special features found in the project area; • Knowledge of the types of environmental impacts associated with construction of cost- effective mitigation options; and • Excellent communication skills. The responsibilities of the Mitigation Monitor throughout the monitoring effort include the following: • Implement and manage the monitoring program; • Provide quality control for the site-development monitoring; • Administrate and prepare daily logs, status reports, compliance reports, and the final constmction monitoring; • Act as liaison between the City and the City's contractors; • Monitor on-site, day-to-day constmction activities, including the direction of the Environmental Monitor and Environmental Specialist in the understanding of all permit conditions, site-specific project requirements, constmction schedules, and environmental quality control efforts; • Ensure contractor knowledge of and compliance with all appropriate permit conditions; • Review all constmction impact mitigation and, if need be, modify existing mitigation or propose additional mitigation; • Have the authority to require correction of observed activities that violate project environmental conditions or that represent unsafe or dangerous conditions; and • Maintain prompt and regular communication with the on-site Environmental Monitors and Environmental Specialists and personnel responsible for contractor performance and permit compliance. The primary role of the Environmental Monitors is to serve as an extension of the Mitigation Monitor in performing the quality control ftmctions at the constmction sites. Their responsibilities and functions are to: Exhibit "EIR-B" 3 May 2013 to Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program • Maintain a working knowledge of the Buena Vista Creek Channel Maintenance Project, permit conditions, contract documents, constmction schedule and progress, and any special mitigation requirements for his or her assigned constmction area; • Assist the Mitigation Monitor and the City's constmction contractors in coordinating with the City's compliance activities; • Observe constmction activities for compliance with the City's permit conditions; and • Provide frequent verbal briefings to the Mitigation Monitor and constmction personnel, and assist the Mitigation Monitor as necessary in preparing status reports. The primary role of the Environmental Specialist is to provide expertise when environmentally sensitive issues occur throughout the development phases of project implementation and to provide direction for mitigation. Program Procedural Guidelines Prior to any constmction activities, meetings should take place between all the parties involved to initiate the monitoring program and establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be addressed prior to any project plan approvals in follow-up meetings designated to discuss specific monitoring effects. An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted and these mitigation measures must be distributed to the participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City Council would include the City staff, the Mitigation Monitor, and the constmction crew supervisor. The Mitigation Monitor would distribute to each Environmental Specialist and Environmental Monitor a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate time frame that these mitigations are anticipated to be implemented. In addition to the list of mitigation measures, the monitors will have mitigation monitoring report (MMR) forms with each mitigation measure written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the Mitigation Monitor following the monitoring activity. The Mitigation Monitor will then include the conclusions in a report to the City. This report will describe the major accomplishments of the monitoring program, summarize problems encountered in achieving the goals of the program, evaluate solutions developed to overcome problems, and provide a list of recommendations for fiiture monitoring programs. In addition, and if appropriate, each Environmental Monitor or Exhibit "EIR-B" 4 May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Environmental Specialist will be required to fill out and submit a daily log report to the Mitigation Monitor. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly and/or monthly status reports, as determined appropriate, will be generated from the daily logs and compliance reports, and will include supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback is essential for the City to confirm the implementation and effectiveness of the mitigation measures imposed on the project. Actions in Case of Noncompliance There are generally three separate categories of noncompliance associated with the adopted conditions of approval: 1. Noncompliance requiring an immediate halt to a specific task or piece of equipment; 2. Infraction that warrants an immediate corrective action but does not result in work or task delay; and 3. Infraction that does not warrant immediate corrective action and results in no work or task delay. In each case, the Mitigation Monitor would notify the City's contractor and the City of the noncompliance, and an MMR would be filed with the Mitigation Monitor on a daily basis. There are a number of options the City may use to enforce this program should non-compliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of non-compliance are the responsibility of the City. Summary of Project Impacts and Mitigation Measures The following table summarizes the potentially significant project impacts and lists the associated mitigation measures to be implemented to reduce impacts to less than significant. For mitigation measures, the time frame to complete the mitigation and the responsible reporting agency are identified. All mitigation measures identified in the SEIR are recommended as conditions of project approval and are stated here in language appropriate for such conditions. In addition, once the Buena Vista Creek Channel Maintenance Project has been approved, and during various stages of implementation, the designated monitors and the City will ftirther refine the mitigation measures. The SEIR, incorporated herein as referenced, focused on issues determined to be potentially significant by the City. The mitigation measures listed in the MMRP table below can be found in Exhibit "EIR-B" 5 May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Chapter 4 of the SEIR at the end of each environmental resource section. Additional detail on why the mitigation measures are required can also be found in Chapter 4. Exhibit "EIR-B" 6 May2013 3S Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Table 1 Mitigation Measures Potential Significant Impact Mitigation ile^re Time Frame of Mitigation Monitoring Agency Responsible for Completion Date of Completion Bbbgy The proposed project would result in: • Temporary, direct impacts to special-status wildlife species that breed and/or forage in freshwater marsh or that have the potential to use freshwater marsh. • Temporary, direct impacts to approximately 3.67 acres of freshwater marsh and approximately 1.28 acres of understory species in southern willow scrub over a 5-year period. • Temporary, direct impacts to several jurisdictional waters, including 1.61 acres of waters (including wetlands under the jurisdiction of the ACOE, RWQCB, CDFW, and CCC), and an additional 3.47 acres of waters {including wetlands under the jurisdiction of ACOE, RWQCB, and CDFW). • Long-term or permanent, indirect impacts to special-status wildlife species from the invasion of non- native plant species. • Long-term, indirect impacts to jurisdictional waters (including wetlands), due to changes in hydrology and hydraulics, and the introduction of non-native invasive species. MM BIO-1: Mitigation for temporary impacts to special-status vegetation communities shall be through on-site enhancement. The Maintenance District shall be responsible for monitoring and eradicating exotic plant species within the 11.2-acre project area annually for the duration of the maintenance program. The enhancement shall be implemented in accordance with the Buena Vista Creek Channel Exotic Plant Species Control Plan (Dudek 2003) and any additional updates to this plan required by the California Department of Fish and Wildlife (CDFW) in the Streambed Alteration Agreement. A monitoring report documenting the invasive exotic plant species removed and an assessment of the functions and values of the 11.2-acre project area shall be submitted to the City of Carlsbad City Planner and City Engineer annually. Pre- construction and during construction City of Carlsbad City of Carlsbad Planning Department and Public Works Department Exhibit "EIR-B" May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Table 1 Mitigation Measures Potential Significant Impact The proposed project would result in: • Temporary, indirect impacts to special- status wildlife species, special-status vegetation communities, and jurisdictional waters (including wetlands) from potential fugitive dust, noise, chemical pollutants, increased human activities, and non-native animal species. • Temporary, indirect impacts to special-status wildlife species from vegetation removal activities. • Temporary, direct impacts from removal or trampling of vegetation communities and/or suitable habitat for special-status wildlife species outside designated work zones. • Long-term, indirect impacts to jurisdictional waters or wetlands from potential disturbance outside of the project area. Mitigation Measure MM BIO-2: To prevent inadvertent disturbance to areas outside the limits of the maintenance areas, the vegetation removal shall be monitored by a qualified biologist. A biologist shall be contracted by the City of Carlsbad to perform biological monitoring during maintenance activities. Additionally, the project biologist shall implement or verify implementation of the following monitoring requirements and Best Management Practices (BMPs) and conduct pre-activity education meetings to review each of these requirements and BMPs. Monitoring reports and a post-construction monitoring report shall be prepared to the satisfaction of the City of Carlsbad to document compliance with BIO-2. 1. During vegetation removal activities, biologist shall conduct daily site visits. 2. Biologist shall discuss procedures for minimizing harm to or harassment of wildlife encountered during maintenance activities with the contractor and other key instruction personnel prior to activities. 3. Biologist shall review and/or designate the vegetation removal area in the field with the contractor in accordance with the final plan. 4. Biologist shall flush special-status species (i.e., avian or other mobile species) from occupied habitat areas immediately prior to vegetation removal activities. 5. Maintenance vehicles shall not exceed 15 miles per hour on unpaved roads adjacent to project site or the right-of-way accessing the site. 6. If trash and debris need to be stored overnight during the maintenance activities, fully covered trash receptacles that are animal-proof and weather-proof will be used by the maintenance contractor to contain all food, food scraps, food wrappers, beverage containers, and other miscellaneous trash. Altematively, standard trash receptacles may be used during the day, but must be removed each night. 7. Cut vegetation shall be hauled out of the channel and stored, if Time Frame of Mitigation Pre- construction and during construction Monitoring Agency City of Carlsbad Responsible for Completion Date of Completion City of Carlsbad Public Works Department Exhibit "EIR-B' May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Table 1 Mitigation Measures Potential Significant Impact Mitigation Measure Time Frame of Mitigation Monitoring Agency Responsible for Completion Date of Completion necessary, where it cannot be washed by rainfall or runoff into the channel. When maintenance activities are completed, any excess materials or debris shall be removed from the project site. 8. 9. Temporary structures and storage of construction materials shall not be located in jurisdictional waters, including wetlands and riparian areas. Staging/storage areas for construction equipment and materials shall not be located in jurisdictional waters, including wetlands and riparian areas. 10. Any hand-held equipment used for maintenance activities that is operated within jurisdictional waters, including wetlands and riparian areas, shall be checked and maintained by the operator daily to prevent leaks of oil or other petroleum products that could be deleterious to aquatic life if introduced to the watercourse. 11. No equipment maintenance shall be perfonned within 100-feet of jurisdictional waters, including wetlands and riparian areas, where petroleum products or other pollutants from the equipment may enter these areas. Fueling of equipment shall not occur on the project site. 12. Pets on or adjacent to construction sites shall not be permitted by the operator. The proposed project would result in: • Potential temporary, indirect impacts to nesting birds if the proposed maintenance activities would occur during the breeding/ nesting season. MM BIO-3: In order to avoid temporary indirect impacts to nesting birds, maintenance activities shall not occur during the nesting bird season (March 15 through September 15). During construction City of Carlsbad City of Carlsbad Public Works Department Exhibit "EIR-B" May 2013 Buena Vista Creek Channel Maintenance Project Mitigation Monitoring and Reporting Program Table 1 Mitigation Measures Potential Significant Impact Mitigation Measure Time Frame of Mitigation Monitoring Agency Responsible for Completion Date of Completion The proposed project would result in: Potential indirect impacts to special-status vegetation communities and direct impacts to jurisdictional waters, including wetlands from fugitive dust increased human activity, and the introduction of chemical pollutants. Direct, temporary impacts to several jurisdictional waters, including 1.61 acres of waters (including wetlands under the jurisdiction of the ACOE, RWQCB, CDFW, and CCC), and an additional 3.47 acres of waters (including wetlands) under the jurisdiction of ACOE, RWQCB, and CDFW. MM BIO-4: All applicable laws, regulations, safety precautions, and label directions must be followed when perfomiing pest control. All pesticide applications shall be perfonned by a contractor with a valid Qualified Applicator License (QAL) and a valid Pest Control Business License. A Licensed Pest Control Adviser (PCA) shall be consulted if specific pest control recommendations are required. The timing of any weed control shall be detennined for each plant species with the goal of controlling populations before they can reproduce by spreading vegetatively or producing seed. During construction City of Carlsbad City of Carlsbad Public Works Department Hydrology and Water Quality The proposed project would result in potentially significant impacts to water quality from potential hazardous materials spills from project equipment. MM HYDRO-1: The Maintenance District shall ensure that all equipment required for maintenance activities shall be refueled or maintained within designated staging areas (adjacent parking lots). Best Management Practices (BMPs) to contain accidental spills of hazardous materials shall be utilized when performing vehicle maintenance or refueling. Such BMPs may include the following: • When equipment is being utilized along the access road, drip pans shall be placed under all potential discharge conduits or leaks. • "Spot clean" leaks and drips routinely to prevent runoff of spillage. • Post signs to remind employees not to top off the fuel tank when filling and signs that ban employees fi^om changing engine oil or other fluids at the project location. • Report leaking vehicles to fleet maintenance. During construction City of Carisbad City of Carlsbad Public Works Department Exhibit "EIR-B" 10 May 2013 U-T San Diego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA} County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he is not a party to, nor interested in the above entitled matter; that he is Chief Clerk for the publisher of The San Diego Union-Tribune - North County a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: NOTICE OF PUBLIC HEARING ^NOTICE IS HEREBY GIVEN to you, because your in- Iterest may be affected, that the City Council of the Dannri fFiR 09-03(A)) opd adoption of the canaiaaie t-mainyb S ffi and the M tigation M and Reporting Program for the Buena Vista Creek Channel Main enance on property generally located along Buena Vista Creek between the South Vista Way bridge and the Jefferson Street bridge. Those persons wishing to speak on this proposal are cordially in- lited'to attend The pu'blic hearing CoPies of the agenda bill wi l ffonT^JlSl c°o"n?aft ^B^^UrL^nnSy'-in'tWlaSg^^Jiv^ion at (760) 60^2 4626 or barbara.kennedy@carlsbadca.gov . If vou challenge the Supplemental Program Enyironnnerital Im- pact Report "nyurt, you may be limited to raising only those is- sues vou or someone else raised at the public hearing described; in this notice or in written corre-^ spondence delivered to the City/ of Carlsbad, Attn: City Clerk's^ Office, 1200 Carlsbad Village- Drive, Carlsbad, CA 92008, at or. 1!]] Ul IVC, >-Vii ij....^ —, — • prior to the public hearing. CASE FILE: EIR 02-03(A) CASE NAME: BUENA VISTA CREEKMAINTENANCE CITY OF CARLSBAD CITY COUNCIL Pub: 6/01/2013 JuneOT', 2013 'hief Clerk for the Publisher Jane Allshouse June 03'^ 2013 Date Easy Peel® Labels Use Avery® Template 5160® P K I NORTH COUNTY PLAZA L P C/O KIMCO REALTY CORP 3333 NEW HYDE PARK RD #100 NEW HYDE PARK NY 11042 WESTERN PROPERTIES THREE LLC <LF> PLAZA CAMINO C/O WESTERN PROPERTIES THREE 111 GREAT NECK RD #412 GREAT NECK NY 11021 Bend along Kne to expose Pop^p Edge^ SEARS ROEBUCK&CO <LF> PLAZA CAMINO REAL C/O SEARS ROEBUCK&CO 3333 BEVERLY RD HOFFMAN ESTATES IL 60179 PLAZA CAMINO REAL C/O WESTFIELD PROPERTY TAX DEPT POB 130940 DEPT WFLD CARLSBAD CA 92013 AVERY® 5160® I i CARTER HAWLEY HALE STORES INC C/O TAX DEPT 7 W 7TH ST CINCINNATI OH 45202 CMF PCR L L C C/O WESTFIELD PROPERTY TAX DEPT PC BOX 130940 DEPT WFLD CARLSBAD CA 92013 JC PENNEY PROPERTIES INC M/S 1106 6501 LEGACY DR PLANO TX 75024 CROWN JEWEL PROPERTIES L L C 3225 E PACIFIC COAST HWY #C SIGNAL HILL CA 90755 ALAN MONJI RWQCB 9174 SKY PARK CT SAN DIEGO CA 92024 CITY OF VISTA 600 EUCALYPTUS VISTA CA STATE OF CALj^ORfJlA PUBLIC^t^CY 00000 PLAZA CAMINO REAL C/O WESTFIELD PRpWRtY TAX DEPT PC BOX 1309^»15EPT WFLD CARLSBAB^ 92013 JOAN HERSKOWITZ 1175 KILDEERCT ENCINITAS CA 92024 CITY OF CARLSBi PUBLIC Ai3€fICY 00000 §t}c|uette$ facHes h peler Utilisez le aabarit AVERY® 5160® Replies h la hachure affn de | r^v^er le rebord POD-UD^** ! www.avery.eom 1-800-GO-AVERY Easy Peel® labels Use Avery® Template 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 Bend along line to | expose Pop-Up Edge™* j SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 AVERY® 5160® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATE^DISTRICT TIM JOCHEN 1960 LA COSTA AV CA^BAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS. 505 S VULC/ CA 92024 CITY OF VISTA 200 CIVICptNYER DR VISTAxCA 92084 CITY OF SAN MARCJ 1 CIVICCpiTflTDR S^m^COS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOSi>£-eT^ SAN MARCOS^ 92069 CITY OF OCEANSIDE 300 NORTH COASTJiWY^' OCEANSIDL.^<f2054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA^ DEPT OF FISH AIViJ>WlLDLIFE 3883 R\jmJNrt(D SANJ>fc€o CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDI 6010 HIDDPH/^LLEY RD CARLSBT^D CA 92011 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CONTR( 10124 OLD GRpvnTD^ SAN DISGCTCA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 RICT SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B flEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PC 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 MICHAEL MCSWEENEY- BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ^tlquet^ f acMes h peler titilkev lo naharit AVPRV® >i1An® A Sens de RepHez ji la hachure affn de j r^v^ler le rebord POD-UD^** ! www.avery.eom 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® US ARMY CORPS OF ENG SUITE 105 6010 HIDDEN VALLEY RD CARLSBAD CA 92011-4219 EXECUTIVE DIRECTOR SANDAG SUITE 800 401BSTREET SAN DIEGO CA 92101 Bend along fine to | expose Pop-Up Edge"* j ATTN: JANET STUCKRATH U.S. FISH AND WILDLIFE SERVICE 6010 HIDDEN VALLEY ROAD CARLSBAD, CA 92009 REGIONAL WATER QUALITY CONTROL BOARD - SAN DIEGO REGION (9) STE 100 9174 SKY PARK a SAN DIEGO CA 92123-4340 AVERY® 5160® I i STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AHN: KEVIN HUPF 3883 RUFFIN ROAD SAN DIEGO, CA 92123 SAN DIEGO AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069 CITY PLANNER CITY OF OCEANSIDE 300 NORTH COAST HIGHWAY OCEANSIDE CA 92054 PLANNING DIRECTOR CITY OF ENCINITAS 505 S VULCAN AVENUE ENCINITAS CA 92024-3633 CALTRANS DISTRICT 11 ATTN: JACOB ARMSTRONG, PLANNING DIVISION 4050 TAYLOR ST., MS-240 SAN DIEGO, CA 92110 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS VISTA CA 92084 SAN DIEGO COUNTY WATER AUTHORITY 4677 OVERLAND SAN DIEGO CA 92123 PLANNING DIRECTOR COUNTY OF SAN DIEGO STE B MS 0650 5201 RUFFIN ROAD SAN DIEGO CA 92123 ENCINITAS UNIFIED SCHOOL DISTRICT 101 S RANCHO SANTA FE ROAD ENCINITAS CA 92024 S D COUNTY ARCHEOLOGICAL SOCIETY INC POBOX A-81106 SAN DIEGO CA 92138 CALIFORNIA NATIVE PLANT SOCIETY P 0 BOX 1390 SAN DIEGO CA 92112-1390 PALOMAR AIRPORT MANAGER 2198 PALOMAR AIRPORT RD CARLSBAD CA 92008 ICT CARLSBAD WATER, 5950ELCA|yi+WtfREAL CARIS&P^CA 92008 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 LEUCADIA WATER DISTRICT 1960 LA COSTA AVE CARLSBAD CA 92009 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 NORTH CO TRANSIT DIST 801 MISSION AVE OCEANSIDE CA 92054 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 701 ENCINITAS BL ENCINITAS CA 92024 CARLSBAD UNIFIED SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS UNIFIED SCHOOL DISTRICT 255 PICO AVE., STE. 250 SAN MARCOS CA 92069 COUNTY CLERK COUNTY OF SAN DIEGO MAIL STOP 833 PO BOX 1750 SAN DIEGO CA 92112 SAN DIEGO AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 STATE CLEARINGHOUSE 1400 TENTH STREET SACRAMENTO CA 95814 CAUFORNIA RESOURCES AGENCIES 1416 9^" ST. SUITE 1311 SACRAMENTO CA 95814 ^tkfuettes fadles h peler pi* AWCDV® iciAn® A Sens de Rep^ d la hachwe affn de { r6v4ler le rebord POD-UQT** ! www.avery.eom { 1-800-GO-AVERY 1 &ffiy Peel® Labels Use Avery® Template 5160® NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL ROOM 364 SACRAMENTO CA 95814 BUENA VISTA AUDUBON SOCIETY P.O. BOX 480 OCEANSIDE, CA 92049 Bend along line to expose Pop-Up Edge'** CALIFORNIA COASTAL COMMISSION ATTN: LEE MCEACHERN SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO, CA 92108-4402 ENDANGERED HABITATS LEAGUE 8424-A SANTA MONICA BLVD. #592 LOS ANGELES CA 90069-4267 AVERY® 5160® j i SEMPRA ENERGY TOM ACUNA, ENV. SERVICES 8315 CENTURY PARK COURT SAN DIEGO CA 92123-1548 DEPARTMENT OF TRANSPORTATION AERONAUTICS PROGRAM M.S.#40 1120 N ST. - ROOM 3300 PO BOX 942874 SACRAMENTO CA 94274-0001 DIANE NYGAARD PRESERVE CALAVERAS 5020 NIGHTHAWK WAY OCEANSIDE, CA 92056 KEVIN HARDY, GENERAL MGR ENCINA WASTE WATER AUTH 6200 AVENIDA ENCINAS CARLSBAD CA 92011 JASON GOFF-email Kyle Lancaster - email MIKE GRIM - email ^tiqiietles faclles d peler lltilicagi lo naharit AVCRV® mfin® A Sens de RepMez k la hadnire affn de I r6v4ler le rebord POD-UD^ ! www.averyeom 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® PALA BAND OF MISSION INDIANS ATTN: SHASTA GAUGHEN 3508PALA-TEMECULA RD PMB 50 PALA CA 92059 PECHANGA BAND OF MISSION INDIANS ATTN: PAUL MACARRO P.O. BOX 1477 TEMECULA, CA 92593 Bend along line to expose Pop-Up Edge™ KUPA CULTURAL CENTER ATTN: SHASTA GAUGHEN 3508PALA-TEMECULA RD PMB 445 PALA, CA 92059 RINCON BAND OF MISSION INDIANS ATTN: VINCENT WHIPPLE P. 0. BOX 68 VALLEY CENTER, CA 92082 LA JOLLA BAND OF MISSION INDIANS AHN: LAVONNE PECK 22000 HIGHWAY 76 PAUMA VALLEY, CA 92061 AVERY® 5160® I i PAUMA 8i YUIMA RESERVATION ATTN: RANDALL MAJEL P.O. BOX 369 PAUMA VALLEY, CA 92061 RINCON BAND OF MISSION INDIANS ATTN: BO MAZZETTI PO BOX 68 VALLEY CENTER, CA 92082 SAN LUIS REY BAND OF MISSION INDIANS ATTN: MERRI LOPEZ-KEIFER 1889 SUNSET DR VISTA, CA 92081 Etiquettes faciles ^ peler utilisez le aabarit AVERY® 5160® A Sens de Repliez h la hachure affn de j r^v^ler le rebord POD-UD™ ! wvvw.avery.com 1-800-GO-AVERY —LI J n—?=— S/re MAP SR-78 A/ WOT ro SCALE Buena Vista Creek Channel Maintenance Project Supplemental EIR EIR 02-03(A) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 11, 2013, to consider certification of Supplemental Program Environmental Impact Report (EIR 02-03(A)) and adoption of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program for the Buena Vista Creek Channel Maintenance on property generally located along Buena Vista Creek between the South Vista Way bridge and the Jefferson Street bridge. 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 June 7, 2013. If you have any questions, please contact Barbara Kennedy in the Planning Division at (760) 602-4626 or barbara.kennedv@carlsbadca.gov. If you challenge the Supplemental Program Environmental Impact Report 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: EIR 02-03(A) CASE NAME: BUENA VISTA CREEK MAINTENANCE PUBLISH: June 1,2013 CITY OF CARLSBAD CITY COUNCIL SITEMAP N NOT TO SCALE Buena Vista Creek Channel Maintenance Project Supplemental EIR EIR 02-03(A) Buena Vista Creek Maintenance EIR 02-03(A) Barbara Kennedy, Associate Planner Sherri Howard, Associate Engineer June 11, 2013 Location Map Buena Vista Creek Channel Maintenance Project Background •Maintenance Assessment District –Formed and funded by adjacent property owners •Maintenance and Flood Control Activities –Provided by City since 2003 –In accordance with Program EIR 02-03 –Authorized by Streambed Alteration Agreement •Maintenance authorized for 10 years •Expires December 2013 3 Buena Vista Creek Channel Maintenance Project 4 SR-78 Coastal Zone Plaza Camino Real Maintenance occurs in the north half of the channel Existing Maintenance Area Expanded Area Maintenance Program •Exotic species and overgrowth that impedes water flow are removed •Vegetation is removed by hand to ground or water level to avoid soil disturbance •Removal only occurs in the north half of the channel •Minimizes impacts to biological resources in the southern half of channel •One-fifth of the vegetation in the north half of the channel is removed each year •Activities occur over a 5-year period 5 Supplemental Program EIR •Prepared in accordance with CEQA •Identified potentially significant impacts –Biological Resources –Hydrology and Water Quality •Mitigation measures would reduce impacts to a “less than significant” level •No significant and unmitigated impacts –Statement of Overriding Considerations not required 6 Recommendation •Certify the Supplemental Program EIR •Adopt: –Findings of Fact –Mitigation Monitoring and Reporting Program 7