HomeMy WebLinkAbout2020-12-16; Planning Commission; Resolution 7398PLANNING COMMISSION RESOLUTION NO. 7398
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE AVIARA APARTMENTS PROJECT, AND
ADOPTING THE CANDIDATE FINDINGS OF FACT AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A
329-UNIT APARTMENT PROJECT ON 9.2 ACRES BISECTED BY AVIARA
PARKWAY NORTH OF LAUREL TREE LANE, CURRENTLY ADDRESSED AS
1205 AVIARA PARKWAY, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: AVIARA APARTMENTS
CASE NO.: . EIR 2018-0001 (DEV2017-0033)
WHEREAS, Summerhill Apartment Communities, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by James S. Ukegawa, "Owner,"
described as
That certain portion of Lot "G" of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map
No. 823, filed in the Office of the County Recorder of San Diego
County, further described in. Exhibit A of Preliminary Title Report from
Fidelity National Title Company Order No. 997-30006515-lMB
rthe Property"); and
WHEREAS, a Project Environmental Impact Report (EIR ·2018-0001} was prepared in
conjunction with said project; and
,.
WHEREAS, the Planning Commission did o_~ December 16, 2020, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public· hearing, upon hearing and considering all testimony and
arguments, examining the Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and
Reporting Program, analyzing the information submitted by staff, and considering any written comments
received, the Planning Commission considered all factors relating to the Project EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are tn,ie and correct.
B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 2018-0001, dated November 2, 2020, appendices,
written comments and responses to comments, as amended to include the comments
and documents of those testifying at the public hearing and responses thereto, is hereby
found to be in good faith and reason by incorporating a copy of the minutes of said public
hearing into the report, all on file in the Planning Division incorporated by this reference,
and collectively referred to as the "Report."
C) That the Environmental Impact Report, EIR 2018-0001, as so amended and evaluated, is
recommended for acceptance and certification as the final Environmental Impact Report
and that the final Environmental Impact Report as recommended is adequate and
provides reasonable information on the project and all reasonable and feasible
alternatives thereto, including no project.
D) That based on the evidence presented at the public hearing, the Planning Commission
hereby CERTIFIES the Environmental Impact Report for the AVIARA APARTMENTS
project, EIR 2018-0001 and ADOPTS the Candidate Findings of Fact ("CEQA Findings"),
attached hereto marked as "Exhibit A" and incorporated by this reference and the
Mitigation Monitoring and Reporting Program ("Program"), attached hereto marked as
"Exhibit B" and incorporated by this reference; based on the following findings and
subject to the following condition.
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 2018-
0001, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have
been prepared in accordance with requirements of the California Environmental Quality Act, the
State EIR Guidelines, ~nd-the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final
Project EIR 2018-0001, the environmental impacts therein identified for this project; the
Candidate Findings of Fact ("Findings" or "CEQA Findings".) attached hereto as "Exhibit A," and
the Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit B,"
prior to APPROVING the project.
3. The Planning Commission finds that Final EIR 2018-0001 reflects the independent judgment of
the City of Carlsbad Planning Commission.
4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and
make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including
feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines
15091, and infeasibility of project alternatives.
5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that
during project implementation, the Developer and any other responsible parties implement the
project components and comply with the feasible mitigation measures identified in the CEQA
Findings and the Program.
PC RESO NO. 7398 -2-
6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program;
all reports, applications, memoranda, maps, letters and other planning documents prepared by
the planning consultant, the environmental consultant, and the City of Carlsbad that are before
the decision makers as determined by the City Planner; all documents submitted by members
of the public and public agencies in connection with the Project EIR; minutes of all public
meetings and public hearings; and matters of common knowledge to the City of Carlsbad which
they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning
Ordinance, and Local Facilities Management Plan which may be found at 1635 Faraday Avenue
in the custody of the City Planner.
Condition:
1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the
Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring
programs applicable to development of the Aviara Apartments project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on December 16, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDE~SON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7398 -3-
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Findings of Fact November 2020
FINDINGS OF FACT
Aviara Apartments Project
1.0 Introduction
The Final Environmental Impact Report (Final EIR) has been prepared pursuant to the California
Environmental Quality Act (CEQA) to address the potential environmental effects of the
proposed Aviara Apartments Project (project), to be considered by the City of Carlsbad (city) in
connection with its public consideration of requested approvals for the proposed project.
The proposed project would develop a total of 329 residential units of various sizes on the project
site, which includes both the East Parcel and West Parcel due to the bisection of Aviara Parkway
through the project site. The East Parcel would include 70 affordable housing units in an
approximately 83,223-square-foot building while the West Parcel would include 259 housing
units, 12 of which are affordable units, in an approximately 477,000-square-foot building. While
the full scope of the proposed project and associated approvals are detailed further in Section 1.1
and Section 1.3, the proposed project would involve a Tentative Map, Site Development Plan,
Coastal Development Permit, Hillside Development Permit, and a Habitat Management Plan.
The Final EIR also analyzed the environmental effects of a range of project alternatives. The
Final EIR and its technical appendices are incorporated herein by reference as though fully set
forth.
1.1 Proposed Project
1.1.1 Project Characteristics
The proposed project consists of 9.5 acres of land located in the northern coast of San Diego
County, in the City of Carlsbad. The city is bordered to the north by the City of Oceanside, to the
south by the City of Encinitas, and to the east by the cities of Vista, San Marcos, and San Diego
County. The project site is Assessor Parcel Number (APN) 212-040-56-00. The project is located
east of the I-5, west of El Camino Real, and south of Palomar Airport Road. The project site is
bisected by Aviara Parkway and includes two parcels: (1) the East Parcel, which is approximately
2.31 acres; and (2) the West Parcel, which is approximately 7.19 acres.
The proposed project would develop a multi-family apartment community on a centrally located
parcel in the City of Carlsbad. Site improvements would include the construction of market-rate
and affordable residential units, parking, common open space, resident amenities, landscaping
and utilities/roadway improvements, and the dedication of open space.
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Residential Development
The proposed project would demolish the existing uses on the project site, including a warehouse,
loading dock and shed, and ancillary parking and roads on the West Parcel. The project applicant
proposes the development of 329 units at the project site, including 259 units on the West Parcel
and 70 units on the East Parcel.
Development on the West Parcel would include a four-story, approximately 477,000-square-foot
residential structure with 259 dwelling units, including an incorporated five-level parking
structure (including roof parking). The combined structure on the West Parcel would be a
maximum of 60 feet in height above final grade and would be built in a “wrap” configuration.
The West Parcel would contain 247 market-rate and 12 affordable rental units. The proposed
project would include 184 one bedroom and 75 two-bedroom units on the West Parcel. Twelve of
the one-bedroom units would be set aside for residents with incomes that do not exceed 90% of
the average median income (AMI).
The East Parcel would contain 70 affordable rental units in a four-story approximately 83,123-
square-foot structure. Parking on the East Parcel would be provided at ground level in garages
and a surface lot. The building on the East Parcel would be a maximum of 57 feet in height above
final grades. The proposed project would include 14 studios, 23 one-bedroom, 26 two-bedroom,
and 7 three-bedroom units on the East Parcel. Of the 70 units, 7 units would be set aside for
residents with incomes that do not exceed 30% of the AMI, 62 units would be reserved for
residents with incomes that do not exceed 60% of the AMI, and one unit would be the manager’s
unit.
Parking
The proposed project would provide 533 parking spaces across the project site, subject to
approval by the city. The East Parcel would provide 105 parking spaces at the ground level in
parking garages in addition to surface-level parking. The five-level parking structure on the West
Parcel would provide 405 parking spaces in a “wrap” configuration wherein the residential units
generally would shield the parking from public view. Surface parking for 23 vehicles is also
provided on the West Parcel outside of the parking structure. Included in the total parking is one
car share space on the East Parcel and one car share space on the West Parcel. Electric vehicle
charging and parking would be provided for 10% of the total parking spaces per the 2019
CalGreen Code.
Open Space and Amenities
The proposed project would provide 37,570 square feet of resident amenities. Indoor amenities at
the West Parcel would include a multipurpose/club room, a fitness facility, and a Wi-Fi café.
Common open space features on the West Parcel would include an outdoor recreation area and
pool courtyard, an outdoor lounge area, two passive courtyards, an arrival yard, entry plaza, and
the West Yard. The West Parcel would also include an on-site leasing office. Indoor amenities at
the East Parcel would include a multipurpose/club room. Common open space features on the
East Parcel would include an outdoor recreation area, arrival yard, and entry plaza.
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Circulation Improvements
Access to the West Parcel would be provided on Aviara Parkway via two separate points.
Implementation of the proposed project would realign the existing access driveway on the
northern half of the West Parcel to converge with a newly created two-way private access road
that would wrap the entire perimeter of the West Parcel. An additional one-way point of ingress
would be constructed to align with an existing access driveway along Aviara Parkway, closer to
Palomar Airport Road, and would also connect to the newly created private access road. The
private road would be 26 feet wide and would provide access to the parking structure. Access to
the parking structure would also be provided in the north and the south, via 20-foot driveways.
On the East Parcel, access would be provided via Laurel Tree Lane and an emergency vehicle
only access from Aviara Parkway.
In addition to the on-site circulation improvements, the project would also include several
improvements, including:
1. On Laurel Tree Lane, ADA‐compliant sidewalk along the north side of Laurel Tree Lane
would be provided.
2. On Laurel Tree Lane, Class II bicycle lanes from Aviara Parkway to the cul‐de‐sac would be striped.
3. For the segment of Aviara Parkway‐College Boulevard from the project site to the bus stop 500’ north of the intersection with Palomar Airport Road, an ADA accessible pad and bench would be installed.
4. For the segment of Aviara Parkway and Palomar Airport Road from the project site to the bus stop 130’ west of the Aviara Parkway‐College Boulevard/Palomar Airport Road intersection, a trash can and bench would be installed on the existing ADA accessible pad.
5. For the segment of Aviara Parkway and Palomar Airport Road from the project site to the transit stop 200’ east of Aviara Parkway‐College Boulevard/Palomar Airport Road intersection, 200’ feet of sidewalk from College Boulevard to the existing transit stop would be constructed, per City standards. As well, a trash can, an accessible concrete pad, and a bench would be installed.
6. For the Aviara Parkway‐College Boulevard / Palomar Airport Road intersection, a northbound overlap phase would be implemented.
7. For the Aviara Parkway / Laurel Tree Lane intersection, the existing southbound left turn
pocket would be extended from 160 feet to 250 feet.
8. A Tier 2 Transportation Demand Management plan would be prepared and implemented.
Utility Improvements
Sewer service would be provided by the City of Carlsbad Public Works Department. A private
sewer lift station would be constructed within the West Parcel to connect to the city’s sewer
system within Aviara Parkway. Water service would be provided by the Carlsbad Municipal
Water District. The water system would consist of a private domestic water system and a private
fire protection system. In addition, the proposed project would include a 386 kilowatt (kW) PV
solar system on the top of the proposed residential buildings.
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1.2 Project Objectives
The following statements represent objectives of the project. These objectives also provide a basis
for identification of alternatives evaluated in the EIR.
1. Provide a high-density multi-family residential community in compliance with the goals and
policies of the Housing Element of the city’s General Plan.
2. Use the site’s unique elevation and surrounding geography to develop a project that is aesthetically pleasing and is compatible with and complementary to adjacent land uses.
3. Develop a high-density for-rent apartment project that is in compliance with the General Plan and Zoning Code, Local Coastal Program, Climate Action Plan, Habitat Management Plan, and the Zone 5 Local Facilities Management Plan.
4. Increase the city’s inventory of housing diversity and accommodate increasing growth in the region by providing market rate and maximizing the amount of affordable for-rent apartments on an underutilized site that is in close proximity to existing employment and commercial opportunities as well as to recreational, public services, and transit options, consistent with city policies related to the development of housing for a range of income levels.
5. Provide affordable rental housing to a wide range of income levels, including extremely-low (30 percent average median income), low (60 percent average median income) and moderate (90 percent average median income), in a location that is adjacent to an existing affordable housing community to create the potential for shared educational opportunities and services
that could benefit both communities.
6. Foster development patterns that promote orderly growth and prevent urban sprawl with the
intent to reduce greenhouse gas emissions consistent with policies in the Climate Action Plan.
7. Develop a project that minimizes impacts to sensitive biological resources, to the greatest extent feasible, by redeveloping a previously developed and disturbed site.
8. Restore and contribute hardline preserve area to the Encinas Creek Preserve adjacent to the project site and include an adequate buffer between the proposed development and resources in the Encinas Creek Preserve, consistent with the Habitat Management Plan.
1.3 Project Approvals
1.3.1 Actions and Approvals by the City of Carlsbad
The following identifies the legislative and discretionary actions and approvals by the City of
Carlsbad for the proposed project.
• Tentative Map (CT 2018-0002). The applicant is requesting approval of a Tentative Tract Map required for development of the project site. A tentative tract map is required by the California Subdivision Map Act (Government Code Section 66426 et seq.)
• Site Development Plan (SDP 2018-0002). A Site Development Plan (SDP) is required for the approval of multi-family residential development having more than four dwelling units and required for waivers from the CMC.
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• Coastal Development Permit (CDP 2018-0005). A Coastal Development Permit is required to construct the proposed project. This permit is necessary as the project site is located in the coastal zone within the Mello II Segment of the LCP, and is within the appeal jurisdiction of the California Coastal Commission.
• Hillside Development Permit (HDP 2018-0001). Grading of the proposed project site is subject to the city’s Hillside Development Ordinance as project areas contain hillside
conditions that are defined as slopes greater than 15 feet in height and 15% in slope. The purpose of the Hillside Development Permit is to regulate grading per the city’s Hillside Development Ordinance (CMC Chapter 21.95) standards and policies.
• Habitat Management Plan Permit (HMP 2018-0001). A HMP Permit is required for projects that impact sensitive biological resources as defined pursuant to the HMP.
• Final EIR Certification (EIR 2018-001). After the required public review of the Draft EIR, the city will respond to comments, edit the document, and produce a Final EIR to be certified by the city decision-makers as complete and providing accurate information concerning the
environmental impacts from the implementation of the proposed project.
1.3.2 Discretionary Actions and Approvals by other Agencies
Title 14 Code of Federal Regulations Part 77 (14 CFR Part 77) Safe, Efficient Use and
Preservation of the Navigable Airspace defines the various airport imaginary surfaces that protect
the operating environments (airspace) surrounding an airport (FAA, 2010). In addition, 14 CFR
Part 77 stipulates the notification requirements for any proposed construction or alterations that
could impact the established imaginary surfaces of an airport. These requirements would apply to
the proposed project. The Southwest Regional Office of the FAA reviewed project plans and
determined the proposed project would not cause a hazard to air navigation in accordance with
Title 14 CFR Part 77 (FAA, 2017).
The proposed project would require California Public Utilities Code Section 851 review and
approval by the California Public Utilities Commission (CPUC). Section 851 review is required
for newly proposed or improved easements, which are an asset paid for by the ratepayers. Section
851 mandates that any encumbrance of such an asset be approved by the CPUC and prohibits
additional encumbrances that would reduce the value of any land asset, reduce the integrity
(terms and conditions) of the asset, or could result in negatively impacted service and operational
reliability unless the encumbrance is specifically approved by the CPUC. Section 851 review and
approval begins after a project’s EIR is completed and after San Diego Gas & Electric reviews
and approves a project’s final map.
1.4 Purpose of CEQA Findings
CEQA Findings play an important role in the consideration of projects for which an EIR is
prepared. Under Public Resources Code Section 21081 and CEQA Guidelines Section 15091
above, where a final EIR identifies one or more significant environmental effects, a project may
not be approved until the public agency makes written findings supported by substantial evidence
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in the administrative record as each of the significant effects. In turn, the three possible findings
specified in CEQA Guidelines Section 15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
CEQA Guidelines Section15092(b) provides that no agency shall approve a project for which an
EIR was prepared unless either:
1. The project as approved will not have a significant effect on the environment, or
2. The agency has:
a. Eliminated or substantially lessened all significant effects on the environment where
feasible as shown in the findings under Section 15091, and
b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
2.0 Findings of Significant Impacts, Required Mitigation Measures and Supporting Facts
The city, having reviewed and considered the information contained in the EIR, finds pursuant to
Public Resources Code Section 21081(a)(1) and Guidelines Section 15091(a)(1) that changes or
alterations have been required in, or incorporated into, the project which would mitigate, avoid, or
substantially lessen to below a level of significance the following potential significant
environmental effects identified in the EIR.
2.1 Air Quality
2.1.1 Exposure of Sensitive Receptors to Substantial
Pollutant Concentrations
A. Significant Impact. Construction of the proposed project would emit diesel particulate matter,
emit carcinogenic materials or toxic air contaminants (TACs) that exceed the maximum
incremental increase in cancer risk of ten in one million or an acute or chronic hazard index of 1.0
from the use of off-road and on-road equipment and stationary sources. The proposed project
could result in an increased health risk for offsite residential receptors within 1,000 feet of the
project and could expose sensitive receptors to substantial pollutant concentrations.
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B. Facts in Support of Finding (1). The project’s potential impact associated with exposure of
sensitive receptors to substantial pollutant concentrations would be mitigated to a level less than
significant with the implementation of Mitigation Measure AQ-1.
C. Mitigation Measure
Mitigation Measure AQ-1
Reduction of Dust Particulate Matter Emissions During Construction. Off-road diesel
equipment greater than 50 horsepower used for the project shall meet EPA Tier 4 final off-road
emission standards or equivalent. Such equipment shall be outfitted with Best Available Control
Technology for Toxics (T-BACT) devices including a California Air Resources Board certified
Level 3 Diesel Particulate Filter or equivalent.
2.2 Biological Resources
2.2.1 Candidate, Sensitive, or Special-Status Species
A. Significant Impact. Construction and operation of the proposed project could result in
adverse edge effects such as dust which could disrupt plant vitality in the short-term or
construction-related soil erosion and water runoff, and could result in indirect impacts to two
special-status plant species, southwestern spiny rush and San Diego marsh-elder.
Although no coastal California gnatcatcher and least Bell’s vireo were observed at the project
site, they are known to occur adjacent to the project site; if either of the special-status wildlife
species moves onto or adjacent to the site in the future during construction or operation, impacts
could occur.
Implementation of the proposed project could result in significant impacts to the yellow-breasted
chat, observed on site during 2017 surveys, and the yellow warbler, determined to have a low
potential to occur within the Encinas Creek open space areas. Both species are not federally- or
State-listed, but are California Species of Special Concern. Potential direct impacts on the species
would be avoided because no construction is proposed within the Encinas Creek open space
areas. However, construction activities during breeding season could result in impacts.
The project site contains trees, shrubs, and other vegetation that provide suitable nesting habitat
for common birds, including sensitive birds and raptors, protected under the Migratory Bird
Treaty Act (MBTA) and CDFG Code. Construction of the proposed project could result in the
removal or trimming of trees and other vegetation during the general bird nesting season (January
15 through September 15) and, therefore, could result in impacts to nesting birds in violation of
the MBTA and CDFG Code. Direct impacts could occur as a result of removal of vegetation
supporting an active nest.
B. Facts in Support of Finding (1). The project’s potential direct impacts associated with
special-status species would be mitigated to less than significant levels with the implementation
of Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO-4.
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C. Mitigation Measure
Mitigation Measure BIO-1
Temporary Construction Fencing and Grading. Temporary construction fencing (with silt
barriers) shall be installed at the limits of project-related impacts (including construction staging
areas and access routes) to prevent sensitive habitat impacts and to prevent the spread of silt from
the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner
that does not impact habitats to be avoided. The applicant shall submit final construction plans to
the city for approval at least 30 days prior to initiating any clearing, grubbing, grading, or other
construction activities. These final plans shall include the type and location of fencing, including
permanent fencing along any urban/wildlands interface to deter unauthorized access (if deemed
necessary by the city) and/or temporary fencing to delineate the construction footprint, impact
zones within the footprint, protected areas, and no-construction buffer zones.
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to
the fenced project footprint. All equipment maintenance, staging, and dispensing of fuel, oil,
coolant, or any other such activities shall occur in designated areas within the fenced project
impact limits. These designated areas shall be located in previously compacted and disturbed
areas to the maximum extent practicable so as to prevent any runoff from entering adjacent open
space and shall be shown on the construction plans. Fueling of equipment shall take place within
existing paved areas greater than 100 feet from Encinas Creek. The contract shall check
equipment for leaks prior to operation and repair, as necessary. “No-fueling zones” shall be
designated on construction plans. Fugitive dust will be avoided and minimized through watering
and other appropriate measures.
A biological monitor shall be present during all vegetation clearing activities to help ensure that
habitat is not cleared beyond established limits and that no native species are harmed.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the
problem has been remedied to the satisfaction of the city. Any riparian/wetland or upland habitat
impacts that occur beyond the approved fence shall be mitigated in accordance with ratios
specified in the Carlsbad HMP or as otherwise determined by the city, USFWS, U.S. Army Corp
of Engineers, Regional Water Quality Control Board, and/or CDFW. Temporary construction
fencing shall be removed upon project completion.
Grading activity shall be prohibited during the rainy season (October 1–April 1). All graded areas
shall be landscaped prior to October 1 of each year with either temporary or permanent
landscaping materials to reduce erosion potential. Such landscaping shall be maintained and
replanted if not well-established by December 1 following the initial planting.
The October 1 grading season deadline may be extended with the approval of the City Engineer
subject to implementation by October 1 of special erosion control measures designed to prohibit
discharge of sediments off-site during and after the grading operation. Extensions beyond
November 15 may be allowed with the approval of the City Engineer in areas of very low risk of
impact to sensitive coastal resources and may be approved either as part of the original coastal
development permit or as an amendment to an existing coastal development permit.
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If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activities may be allowed during the winter by a coastal development
permit or permit amendment, provided that appropriate best management practices are adopted,
which may include, but are not limited to: silt fencing, gravel bag barriers, fiber rolls,
construction road stabilization, dust control, concrete wash out areas, and covering and secondary
containment for temporary storage areas and stockpiles.
Mitigation Measure BIO-2
Preservation and Management of Open Space. The project applicant shall record two types of
easements: an open space easement that will be recorded on the final map, and a conservation
easement or restrictive covenant that will be recorded by the County of San Diego. The easements
shall be recorded over those portions of the property identified as proposed on-site preserve in
Figure 9 of the approved Biological Resources Letter Report (Appendix C.1 of the EIR).
Prior to recordation of the final map, issuance of a grading permit or clearing of any habitat or
vegetation, whichever occurs first, the following items shall be submitted to the city and approved
as final by the City Planner or designee: Recordation of Conservation Easement, Restoration
Plan, Preserve Management Plan (PMP)/Property Analysis Record (PAR), long-term
management funding, and a management agreement (contract) with qualified preserve manager.
Prior to issuance of a grading permit or clearing of vegetation, the project applicant shall prepare
a Restoration Plan for the revegetation of the temporary impact areas and proposed
creation/substantial restoration areas within the preserve with coastal sage scrub for review and
approval by the city or appointed designee. The Restoration Plan shall include 5 years of
maintenance and monitoring to ensure the restoration effort is successful.
The project applicant shall prepare a perpetual management, maintenance, and monitoring plan
(PMP) according to the standards contained in Section F.2 of the HMP, Volumes 2 and 3 of the
Multiple Habitat Conservation Program and the citywide open space management plan for the on-
site biological conservation easement or restrictive covenant areas for review and approval by the
city or appointed designee. The PMP shall include area-specific management directives for
treatment of non-native invasive plant species within the project site’s open space, in addition to
those required to meet HMP adjacency standards. The initial treatment of non-native invasive
plant species shall occur within the first year following issuance of grading permit, and
periodically thereafter, according to a schedule approved by the city and as funding allows.
The applicant shall also establish a non-wasting endowment for an amount approved by the city
based on a Property Analysis Record (PAR; Center for Natural Lands Management, 2008) or
similar cost estimation method to secure the ongoing funding for the perpetual management,
maintenance, and monitoring of the biological conservation easement area by an agency, non-
profit organization, or other entity approved by the city. Upon approval of the draft PMP, the
applicant shall submit the final PMP and a contract with the approved land manager to the city or
appointed designee, as well as transfer the funds for the non-wasting endowment to a non-profit
conservation entity.
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The project applicant shall install appropriate permanent fencing, such as three-strand smooth-
wire fencing, along the boundary of the open space to discourage human access and allow
wildlife to move through unobstructed. The project applicant shall also install signage on the
fence to educate and inform the public about the open space and to prohibit access. The fencing
and signs shall be shown on all final project plans.
Mitigation Measure BIO-3
Coastal California Gnatcatcher Protection. No clearing, grubbing, grading, or other
construction activities shall occur within Diegan coastal sage scrub during the breeding season of
the coastal California gnatcatcher (February 15 to August 31). All grading permits, improvement
plans, and the final map shall state the same. If clearing, grubbing, grading, or other construction
activities would occur during the breeding season for the gnatcatcher, a pre-construction survey
shall be conducted to determine whether gnatcatchers occur within the impact area(s). The pre-
construction survey shall consist of one clearance survey by a permitted biologist no more than 3
days prior to the beginning of clearing, grubbing, grading, or other construction activities. If there
are no gnatcatchers nesting (includes nest building or other breeding/nesting behavior) within that
area, clearing, grubbing, grading, or other construction activities shall be allowed to proceed. If,
however, any gnatcatchers are observed, but no nesting or breeding behaviors are noted,
additional surveys for breeding/nesting behaviors shall be conducted weekly. If any gnatcatchers
are observed nesting or displaying breeding/nesting behavior during the pre-construction survey
or additional weekly surveys within the area, a no-work buffer shall be placed on clearing,
grubbing, grading, or other construction activities within 500 feet of the nest location at which
birds have been observed. The no-work buffer shall remain in place until all nesting behavior has
ceased and all young have successfully fledged the nest, as determined by the qualified biologist,
or until August 31, whichever happens first.
Mitigation Measure BIO-4
Nesting Bird and Raptor Avoidance. If construction activities requiring earthwork, clearing,
and grubbing of vegetation must occur during the general bird breeding season for migratory
birds and raptors (January 15 to September 15), the project applicant shall retain a qualified
biologist to perform a preconstruction survey of potential nesting habitat to confirm the absence
of active nests belonging to migratory birds, including raptors and non-listed sensitive birds (e.g.,
yellow-breasted chat), afforded protection under the Migratory Bird Treaty Act and California
Fish and Game Code. The pre-construction survey shall be performed no more than three days
prior to the commencement of the activities. If the qualified biologist determines that no active
migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further
requirements. If the qualified biologist determines that an active migratory bird or raptor nest is
present, a no-work buffer shall be placed on construction activities within 500 feet of any active
nest at which birds have been observed. The no-work buffer shall remain in place until the young
have fledged the nest and the nest is confirmed to no longer be active, as determined by the
qualified biologist.
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2.2.2 Riparian Habitat or Other Sensitive Natural Community
A. Significant Impact. Implementation of the proposed project would result in permanent direct
impacts to Carlsbad HMP Habitat Groups A-F.
Direct impacts to special-status vegetation communities include 0.1 acre of Diegan coastal sage
scrub (unoccupied; Habitat Group D).
Indirect impacts to special-status upland vegetation communities could result primarily from
adverse edge effects. During construction activities, edge effects may include dust, which could
disrupt plant vitality in the short-term, or construction related soil erosion and water runoff.
B. Facts in Support of Finding (1). The project’s potential impact associated with riparian
habitat or other sensitive natural community would be mitigated to a level less than significant
with the implementation of Mitigation Measure BIO-5.
C. Mitigation Measure
Mitigation Measure BIO-5
Diegan Coastal Sage Scrub Mitigation. The project applicant shall compensate for the
unavoidable impacts to 0.1 acre of unoccupied Diegan coastal sage scrub at a ratio of 2:1 to
include substantial restoration and/or creation onsite within the project site’s open space. Any
mitigation must also be approved by the California Coastal Commission.
The project applicant will submit final habitat restoration plans to the city for review and
approval at least 30 days prior to initiating project impacts. The Restoration Plan shall be
prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation
Guidelines, pages C-1 to C-2), and Volume III; HMP pp. F-8 to F-11; and Open Space
Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation
of restoration suitability specific to proposed habitat types, soil and plant material
salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and
monitoring program, and success criteria. All areas shall be monitored for a minimum of 5 years
to ensure establishment of intended plant communities.
2.2.3 Federally Protected Wetlands
A. Significant Impact. The project site is an upland area that does not support potential
jurisdictional waters or wetlands, including federally-protected wetlands. However, indirect
impacts could occur if storm water runoff is not controlled at the site and sediment, toxics, and/or
other material is inadvertently discharged into potentially jurisdictional waters or wetlands within
the adjacent open space.
B. Facts in Support of Finding (1). The project’s potential impacts associated with state or
federally protected wetlands would be mitigated to a level less than significant with the
implementation of Mitigation Measures BIO-1.
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C. Mitigation Measure
Mitigation Measure BIO-1 (as listed above)
2.2.4 Wildlife Corridors
A. Significant Impact. Lighting from operation of the proposed project could result in adverse
indirect impacts on wildlife movement if not appropriately shielded and directed downward and
away from the Existing Hardline and open space areas. Additionally, the function of the Encinas
Creek corridor could degrade over time and during operation of the proposed project if
encroachment and other disturbances are not prohibited.
B. Facts in Support of Finding (1). The project’s potential impact associated with wildlife
corridors would be mitigated to a level less than significant with the implementation of Mitigation
Measure BIO-6.
C. Mitigation Measure
Mitigation Measure BIO-6
Project Lighting. All exterior lighting adjacent to Existing Hardline and open space associated
with Encinas Creek shall be of the lowest illumination allowed for human safety, selectively
placed, shielded, and directed away from preserved habitat to the maximum extent practicable.
Any lighting that faces preserved open space shall use low wattage, long wavelength bulbs (560
nanometers or longer; amber to red). The lighting shall be shown on all final project plans and
approved by the city.
2.3 Cultural Resources
2.3.1 Historic Resources
A. Significant Impact. Since there are 41 previously recorded cultural resources within one-mile
radius of the project site, there is a potential for subsurface cultural material to be discovered at
the project site during ground-disturbing activities.
B. Facts in Support of Finding (1). The project’s potential impact associated with historic
resources would be mitigated to a level less than significant with the implementation of
Mitigation Measure CUL-1.
C. Mitigation Measure
Mitigation Measure CUL-1
Mitigation Measure CUL-1: Cultural Resources Monitoring and Recovery Program. Based
on the potential for subsurface cultural resources, a cultural resources monitoring program,
including participation of Native American groups with interest in the project site, shall be
implemented for initial grading and other ground disturbing activities, including removal of
pavement and structural foundations associated with the warehouse within the project site. The
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following measures are required for the project, consistent with the Tribal, Cultural, and
Paleontological Guidelines (City of Carlsbad, 2017a: pp 75-77):
a. Prior to the commencement of ground disturbing activities, the project developer shall
contract with a qualified professional archaeologist and shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a preexcavation agreement) with the San Luis Rey Band of Mission Indians, or another Traditionally and Culturally
Affiliated Native American tribe (“TCA Tribe”) for monitoring during ground disturbing activities. The agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and shall include the provisions below. A copy of said archaeological contract and Tribal Monitoring agreement shall be
provided to the City of Carlsbad prior to the issuance of a grading permit.
b. A Luiseño Native American monitor shall be present during all ground disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities.
c. The landowner shall relinquish ownership of all cultural resources collected during ground disturbing activities and from any previous archaeological studies or excavations on the project site to the contracted TCA Tribe referenced in CR-1(a) for proper treatment and disposition per the Cultural Resources Treatment and Monitoring Agreement for reburial and treated in accordance with the TCA Tribe’s cultural and spiritual traditions within an appropriate protected location determined in consultation with the TCA Tribe and protected
by open space or easement, etc., where the cultural items will not be disturbed in the future, and shall not be curated, unless ordered to do so by a federal agency or a court of competent jurisdiction. When tribal cultural resources are discovered during the project, if the
archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources.
d. All historical cultural resources uncovered by the archaeologist will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, federal regulations for collection of cultural materials.
e. The archaeologist and Luiseño Native American monitor shall be present at the project’s on-site preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project.
f. Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities within the immediate vicinity of a find. If archaeological artifact deposits, cultural features or tribal cultural resources are discovered during construction, all earth-moving activity within 100 feet, or otherwise determined as appropriate and necessary by the archaeologist and Luiseño Native American monitor,
around the immediate discovery area must be diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find.
g. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are
discovered during ground-disturbing activities for this project, the San Luis Rey Band of Mission Indians and the Rincon Band of Luiseño Indians shall be notified and consulted with by the city regarding the significance of the resources and the respectful and dignified treatment of those resources. All sacred sites, significant tribal cultural resources and/or
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unique archaeological resources encountered within the project area shall be avoided and preserved as the preferred mitigation, if feasible. If, however, a data recovery plan is
authorized by the City as the Lead Agency under CEQA, San Luis Rey Band of Mission Indians, Rincon Band of Luiseño Indians, and the contracted TCA Tribe referenced in CR-1(a) shall be notified and consulted regarding the drafting of any such recovery plan. The recovery plan shall be finalized with the TCA Tribe. For significant artifact deposits or cultural features that are part of a data recovery plan, an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the Luiseno Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseno Native American monitor, may at their discretion, collect said resources and provide them to the contracted
TCA Tribe referenced in CR-1(a) for respectful and dignified treatment in accordance with the Tribe’s cultural and spiritual traditions.
h. If suspected Native American human remains are encountered, California Health and Safety
Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego County Medical Examiner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free
from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the examination of the remains. If the San Diego County Medical Examiner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted by the Medical Examiner within 24 hours. The NAHC must then immediately notify the “Most Likely Descendant” about the discovery. The Most Likely Descendant shall then make recommendations within 48 hours and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98.
i. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. Commercial sources of fill material are already
permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material
does not contain tribal cultural resources.
j. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the contracted TCA Tribe referenced in CR-1(a).
k. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution.
2.3.2 Archaeological Resources
A. Significant Impact. One archaeological resource (CA-SDI-11022), has been previously
recorded within the project site; but is since believed to be destroyed and no additional materials
were identified within the project site during survey. However, since there are 41 previously
recorded cultural resources within one-mile radius of the project site, there is a potential for
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historic-period features or cultural material to be discovered at the project site during ground-
disturbing activities.
B. Facts in Support of Finding (1). The project’s potential impact associated with
archaeological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure CUL-1.
C. Mitigation Measure
Mitigation Measure CUL-1 (as listed above)
2.3.3 Human Remains
A. Significant Impact. Although, the project would not disturb any known human remains,
grading and excavation associated with the proposed project would extend into previously
undisturbed subsurface areas or other locations where there is some possibility to encounter
buried human remains.
B. Facts in Support of Finding (1). The project’s potential for discovering human remains
would be mitigated to a level less than significant with the implementation of Mitigation Measure
CUL-1.
C. Mitigation Measure
Mitigation Measure CUL-1 (as listed above)
2.3.4 Tribal Cultural Resources
A. Significant Impact. Since there are 41 previously recorded cultural resources within one-mile
radius of the project site, there is a potential for previously unknown archaeological resources to
be identified during ground disturbing activities which could be determined by the Tribes to be a
potential Tribal cultural resource. If not treated properly, ground disturbing activities therefore
could cause a substantial adverse change in the significance of a known Tribal cultural resource.
B. Facts in Support of Finding (1). The project’s potential impact associated with the presence
of Tribal cultural resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure CUL-1.
C. Mitigation Measure
Mitigation Measure CUL-1 (as listed above)
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2.4 Geology and Soils
2.4.1 Paleontological Resources
A. Significant Impact. Implementation of the proposed project would result in a potentially
significant paleontological resource impact in association with grading/excavation in previously
undisturbed areas of the Santiago Formation (high paleontological potential).
B. Facts in Support of Finding (1). The project’s potential impact associated with
paleontological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1
Paleontological Resources – Monitoring, Recovery and Treatment Program. Prior to the
commencement of construction, a qualified Principal Paleontologist shall be retained to oversee
the mitigation program. The City defines a Principal Paleontologist as a person with a graduate
degree in paleontology, geology, or related field, and who has at least one year of prior
experience as a principal investigator. In addition, a regional fossil repository shall be designated
to receive any discovered fossils. Because the proposed project is in San Diego County, the
recommended repository is the San Diego Natural History Museum.
The Principal Paleontologist shall attend the preconstruction meeting to consult with the grading
and excavation contractors concerning excavation schedules, paleontological field techniques,
and safety issues. As well, the Principal Paleontologist shall conduct a paleontological resource
contractor awareness training workshop to be attended by earth excavation personnel.
The Principal Paleontologist shall oversee the implementation of required monitoring, recovery,
and treatment of resources within both the West Parcel and East Parcel. A paleontological
monitor (working under the direction of the Principal Paleontologist) shall be onsite on a full-time
basis during all original cutting of previously undisturbed deposits of the Santiago Formation
(high paleontological potential) to inspect exposures for unearthed fossils. Site conditions differ
slightly between the parcels. Monitoring is required during earthwork within the following areas:
• West Parcel: Earthwork that is 3 feet below existing grade or more and any work with any grade changes to the existing slopes in the southwestern corner of the parcel.
• East Parcel: Earthwork that is 17 feet below existing grade or more.
If fossils are discovered, the Principal Paleontologist (or paleontological monitor) shall recover
them. Bulk sedimentary matrix samples may also be collected for stratigraphic horizons that
appear likely to contain microvertebrate fossils. In most cases, this fossil salvage can be
completed in a short period of time. However, some fossil specimens (e.g., a bone bed or a
complete large mammal skeleton) may require an extended salvage period. In these instances, the
Principal Paleontologist (or paleontological monitor) has the authority to temporarily direct,
divert, or halt grading to allow recovery of fossil remains in a timely manner.
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Fossil remains collected during monitoring and salvage shall be prepared (including washing of
sediments to recover microvertebrate fossils), repaired, sorted, and cataloged as part of the
mitigation program. Prepared fossils, along with copies of all pertinent field notes, photos, and
maps, shall be deposited (as a donation) in the designated fossil repository. Donation of the
fossils shall be accompanied by financial support for initial specimen storage.
A final summary paleontological mitigation report shall be completed that outlines the results of
the mitigation program. This report shall include discussions of the methods used, stratigraphic
section(s) exposed, fossils collected, inventory lists of catalogued fossils, and significance of
recovered fossils. The final paleontological mitigation report shall be submitted to the city or an
appointed designee for review and approval prior to the release of the grading bond.
2.5 Hazards and Hazardous Materials
2.5.1 Hazardous Materials Site
A. Significant Impact. The project site was previously listed as having detections of petroleum
hydrocarbons in five areas, likely associated with three former aboveground storage tanks (ASTs)
used for fuel storage. The ASTs were removed, and although confirmation soil sampling at the
time indicated that no petroleum hydrocarbons remained in the soil above the laboratory detection
limit. The Phase II Environmental Site Assessment indicated that recent soil sampling at the site
found low levels of TPH in the heavy oil range at the site. Therefore, the possibility remains for
previously unidentified contamination to be encountered.
B. Facts in Support of Finding (1). The project’s potential impact associated with being located
on a hazardous materials site would be mitigated to less than significant levels with the
implementation of Mitigation Measure HAZ-1
C. Mitigation Measure
Mitigation Measure HAZ-1
Soil Management Plan. The project applicant shall submit and obtain approval of a Soil
Management Plan from the San Diego County DEH HMD prior to initiating any earthwork
activities on the project site. The Soil Management Plan shall be prepared for the proposed
project by a qualified environmental consultant based on the findings of the Phase I and II
Environmental Site Assessments prepared by Arcadis and included in Appendices to this DEIR,
and approved by the HMD. During construction, the contractor shall implement the Soil
Management Plan and cease any earthwork activities upon discovery of any suspect soils or
groundwater (e.g., petroleum odor and/or discoloration). The contractor shall notify the HMD
upon discovery of suspect soils or groundwater and retain a qualified environmental firm to
collect soil samples to confirm the level of contamination that may be present.
If contamination is found to be present onsite, any further proposed groundbreaking activities
within areas of identified or suspected contamination shall be conducted according to a site
specific health and safety plan, prepared by a California state licensed professional consistent
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with Cal OSHA and Hazardous Waste Operations and Emergency Response Standard
(HAZWOPER) requirements. The contractor shall follow all procedural direction given by HMD
in accordance with the Soil Management Plan prepared for the site to ensure that suspect soils are
isolated, protected from runoff, and disposed of in accordance with transportation laws and the
requirements of the licensed receiving facility.
If contaminated soil or groundwater is encountered and identified constituents exceed human
health risk levels, the project applicant shall submit documentation to the City to verify that the
contamination has been delineated, removed, and disposed of off-site in compliance with the
receiving facilities’ requirements prior to any ground-disturbing activity on the relevant portion of
the project site.
2.5 Noise and Vibration
2.5.1 Temporary Increase in Noise Levels
A. Significant Impact. During construction of the proposed project, construction noise would
impact the closest noise-sensitive land uses, which are residences located to the south and west of
the project site, approximately 60 feet and 250 feet away, respectively.
B. Facts in Support of Finding (1). Project-related impacts associated with temporary increase
of ambient noise levels near sensitive receptors would be less than significant with
implementation of Mitigation Measure NOI-1.
C. Mitigation Measure
Mitigation Measure NOI-1
Construction-measures to Reduce Noise Impacts. The following field techniques shall be
implemented by the project construction contractor to reduce construction-related noise:
a. The applicant shall coordinate with contractors and sub-contractors to require that equipment and trucks use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically attenuating shields or shrouds). The installation of improved mufflers would provide at least 10 dBA noise
reduction at all off-site sensitive receptor locations (FHWA, 2017).
b. Internal combustion engine driven equipment shall be equipped with intake and exhaust mufflers that are in good condition. Engines shall be turned off when not in use. Idling shall
be limited to no more than 5 minutes at a time.
c. Impact tools used for this project shall be hydraulically or electrically powered to avoid noise associated with compressed air exhaust from pneumatically powered tools.
d. Impact tools shall use external jackets to reduce noise generation.
e. Vehicle staging and stockpiling shall be located as far as practical from nearby residences, such as in the northern half of the East Parcel or the northern half or central portions of the
West Parcel.
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3.0 Effects Found Not to be Significant
The city finds, based on the substantial evidence appearing in Chapter 6 of the EIR, that the
following resources would have no impact: Agriculture and Forestry Resources and Mineral
Resources. In addition, the following subsections of resources areas would have no impact:
Aesthetics, related to scenic resources; Geology related to septic tanks; Hazards and Hazardous
Materials related to hazardous waste near schools; Hydrology and Water Quality related to a
flood zone, tsunami, or seiche zones; Population and Housing related to displacement of existing
people or housing;
Based on the analysis contained in Chapter 4 of the EIR, the following resources would have a
less than significant impact, and no mitigation would be required: Aesthetics (Section 4.1),
Energy (Section 4.5), Greenhouse Gas Emissions (Section 4.7), Hydrology and Water Quality
(Section 4.9), Land Use and Planning (Section 4.10), Population and Housing (Section 4.12),
Public Services (Section 4.13), Transportation (Section 4.14), Utilities and Service Systems
(Section 4.15) and Wildfire (4.16).
4.0 Findings Regarding Feasible Alternatives
Pursuant to CEQA Guidelines Section 15126.6(a), EIRs must “describe a range of reasonable
alternatives to the project, or to the location of the project, which would feasibly attain most of
the basic objectives of the project, but would avoid or substantially lessen any of the significant
effects of the project, and evaluate the comparative merits of the alternatives.”
The EIR considers a reasonable range of alternatives. The alternatives to the project are evaluated
in Chapter 5 of the EIR in terms of their ability to meet the basic objectives of the project, and
eliminate or further reduce its significant environmental effects. Based on these parameters, the
following alternatives were considered: (1) No Project, No Development Alternative; (2) No
Project, General Plan Allocation Alternative; and (3) Density Bonus Alternative.
4.1 No Project/No Development Alternative
This alternative assumes that the project site would not be redeveloped with multi-family
residential housing and the project site would remain in its current developed/disturbed condition
with its current uses. The site contains a series of buildings on the West Parcel used for flower-
supply packaging and wholesale operations. These existing uses would continue operating under
this alternative. The East Parcel would remain undeveloped but historically disturbed.
Under this alternative, air quality, biological resources, cultural resources, geology and soils, and
noise and vibration impacts associated with the project would be avoided. This alternative would
not result in impacts to the remaining issue areas. However, this alternative is rejected as it would
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only meet two of the basic objectives of the proposed project. Specifically, this alternative would
not meet these project objectives:
• Provide a high-density multi-family residential community in compliance with the policies of
the Housing Element of the Carlsbad General Plan.
• Utilize the site's unique elevation and surrounding geography to develop a project that is
aesthetically pleasing and is compatible with and complementary to adjacent land uses.
• Develop a high-density for-rent apartment project that is in compliance with the General Plan and Zoning Code, Local Coastal Plan, Climate Action Plan, Habitat Management Plan, and the Zone 5 Local Facilities Management Plan.
• Increase the city’s inventory of housing diversity and accommodate increasing growth in the region by providing market rate and maximizing the amount of affordable for-rent apartments on an underutilized site that is in close proximity to existing employment and commercial
opportunities as well as to recreational, public services, and transit options, consistent with city policies related to the development of housing for a range of income levels.
• Provide affordable rental housing to a wide range of income levels, including extremely-low (30% average median income (AMI)), low (60% AMI) and moderate (90% AMI), in a location that is adjacent to an existing affordable housing community to create the potential for shared educational opportunities and services that could benefit both communities.
• Restore and contribute hardline preserve area to the Encinas Creek Preserve adjacent to the project site and include an adequate buffer between the proposed development and resources
in the Encinas Creek Preserve, consistent with the Habitat Management Plan.
In fact, this alternative would only meet the following two objectives, and only because no
development would occur with this alternative:
• Foster development patterns that promote orderly growth and prevent urban sprawl with the intent to reduce greenhouse gas emissions consistent with policies in the CAP.
• Develop a project that minimizes impacts to sensitive biological resources, to the greatest
extent feasible, by redeveloping a previously developed and disturbed site.
This alternative would fail to introduce any residential uses on site, and it would therefore be in
direct conflict with the General Plan and Zoning Ordinance, both of which have anticipated high-
density residential development on the site.
Ultimately, this alternative would fail to meet any of the City's Housing Element goals and
policies, including Housing Element Goal 10-G.2, which seeks to develop new housing with
diverse types, prices, tenures, densities, and locations, and in sufficient quantities to meet the
demand of anticipated city and regional growth, or Housing Element Goal 10-G.3, which
endeavors to provide sufficient new, affordable housing opportunities in all quadrants of the city
to meet the needs of current lower and moderate income households and those with special needs,
and a fair share proportion of future lower and moderate income households.
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Nor would this alternative satisfy the following Land Use Element Goals because a prime infill
site would remain in its current, undeveloped state:
• 2-G.1: Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space.
• 2-G.2: Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support
systems such as transit, parks, schools, and utilities.
• 2-G.3: Promote infill development that makes efficient use of limited land supply, while
ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern.
• 2-G.4: Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility.
Therefore, the No Project, No Development Alternative is rejected.
4.2 No Project, General Plan Allocation Alternative
Under this alternative, the project would involve the construction of the 224 residential units
allocated to the project site in the General Plan update (City of Carlsbad, 2015). The project
would be required to comply with the Inclusionary Housing Ordinance and Planning Commission
Resolution No. 7114 by providing 20% affordable housing units equating to 45 units. There
would be no density bonus or transfer of units from the Excess Dwelling Unit Bank to increase
the unit allocation above levels in the General Plan. Under this alternative, the residential density
would be 27.3 dwelling units per acre (du/ac), which is above the minimum density of 23 du/ac
allowed in the R-30 land use designation. The No Project, General Plan Allocation Alternative
would result in a 105-unit reduction from the 329-unit proposed project, including 37 fewer
affordable units.
Under this alternative, grading or construction impacts would be lessened, as development would
not occur on the East Parcel, however, impacts would not be avoided, as units would still be
constructed on the West Parcel. Similar to the proposed project, air quality, biological resources,
cultural resources, geology and soils, and noise and vibration would result in significant and
mitigated impacts, on a scale less than those of the proposed project. In addition, because the No
Project, General Plan Allocation Alternative would allow for residential development that is
lower in intensity than the proposed project, the less-than-significant project impacts would still
occur but would be substantially less. While this alternative would achieve most of the project
objectives, this alternative would not meet these project objectives:
• Provide a high-density multi-family residential community in compliance with the policies of the Housing Element of the Carlsbad General Plan.
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• Develop a high-density for-rent apartment project that is in compliance with the General Plan and Zoning Code, Local Coastal Plan, Climate Action Plan, Habitat Management Plan, and the Zone 5 Local Facilities Management Plan.
• Increase the city’s inventory of housing diversity and accommodate increasing growth in the region by providing market rate and maximizing the amount of affordable for-rent apartments on an underutilized site that is in close proximity to existing employment and commercial
opportunities as well as to recreational, public services, and transit options, consistent with city policies related to the development of housing for a range of income levels.
• Provide affordable rental housing to a wide range of income levels, including extremely-low (30% average median income (AMI)), low (60% AMI) and moderate (90% AMI), in a location that is adjacent to an existing affordable housing community to create the potential for shared educational opportunities and services that could benefit both communities.
This alternative would result in a vacant site (the East Parcel) parcel that is residentially
designated but does not have any units allocated from the General Plan, which conflicts with the
city’s housing goals. Specifically, this alternative would fail to implement the following two
Housing Element Goals;
• 10-G.2: New housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth.
• 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households.
Moreover, by leaving the East Parcel vacant and significantly reducing the number of affordable units constructed onsite, this alternative would limit the city's ability to satisfy Housing Element Policy 10-P.10, which seeks to ensure the availability of sufficient developable acreage in all residential densities to accommodate varied housing types to meet the city's Regional Housing Needs Assessment (RHNA), and Housing Element Policy 10-P.19, which works to ensure the
city can satisfy the unmet housing needs of the community through new development and housing that is set aside for lower and moderate income households.
This alternative also would not meet the following Land Use Element Goals since it would not
maximize the potential of an underdeveloped, infill site:
• 2-G.1: Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space.
• 2-G.2: Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities.
• 2-G.3: Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop
with uses and development intensities supporting a cohesive development pattern.
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• 2-G.4: Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility.
Importantly, this alternative would fail to encourage the provisions of lower and moderate-
income housing to meet the objectives of the Housing Element (Land Use Policy 2-P.6) or encourage medium to higher density residential uses located in close proximity to commercial services, employment opportunities and major transportation corridors (Land Use Policy 2-P.13)
because 105 total and 37 less affordable units would be constructed under this scenario.
Therefore, the No Project, General Plan Allocation Alternative is rejected.
4.3 Density Bonus Alternative
Under the Density Bonus Alternative, a different methodology for determining how many
residential units could be developed on the project site would be used. This alternative would
involve using a density bonus approach which would increase the number of residential units on-
site as permitted by the city’s density bonus law (Chapter 21.86). In general, the density bonus
provisions in the CMC allow for a 35% increase in maximum allowable unit count under the
General Plan if a project constructs affordable housing.
Under the Density Bonus Alternative, the West Parcel would support up to 263 market-rate
apartments, while the East Parcel would be developed with up to 70 affordable apartments.
Therefore, the Density Bonus Alternative would result in 16 more market-rate apartments and 12
fewer affordable apartments, for an overall increase of 4 apartments on the project site. All of the
affordable units would be located on the East Parcel, as compared to the proposed project wherein
12 units would be integrated with the market-rate rentals on the West Parcel. Because this
alternative would increase the maximum residential units allowed under the R-30 designation
using the density bonus approach, the applicant would utilize available incentives and waivers
pursuant to the city's density bonus law (Chapter 21.86) to allow for the development of the
proposed project. With regard to parking, the applicant would be allowed by right to reduce the
required parking for this alternative to 434 parking spaces pursuant to CMC Section 21.86.090(g).
Similar to the proposed project, the Density Bonus Alternative would result in significant and
mitigated impacts related to air quality, biological resources, cultural resources, geology and
soils, and noise and vibration. Grading or construction impacts would not be lessened or avoided
under this alternative because the units would be constructed within the same footprint as the
project. Because the Density Bonus Alternative would result in a residential development that is
similar in intensity to the proposed project, the less-than-significant impacts would still occur and
would not be substantially increased because the project would only be greater that the proposed
project by four units. This alternative would meet all of the objectives of the project; however, it
would not satisfy the following three objectives to quite the same extent as the project since this
alternative would increase the number of market-rate units and decrease the number of affordable
units onsite:
• Increase the city’s inventory of housing diversity and accommodate increasing growth in the region by providing market rate and maximizing the amount of affordable for-rent apartments
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on an underutilized site that is in close proximity to existing employment and commercial opportunities as well as to recreational, public services, and transit options, consistent with
city policies related to the development of housing for a range of income levels.
• Provide affordable rental housing to a wide range of income levels, including extremely-low
(30% average median income (AMI)), low (60% AMI) and moderate (90% AMI), in a location that is adjacent to an existing affordable housing community to create the potential for shared educational opportunities and services that could benefit both communities.
• Foster development patterns that promote orderly growth and prevent urban sprawl with the intent to reduce greenhouse gas emissions consistent with policies in the CAP.
By eliminating 12 affordable dwelling units and clustering all of the remaining affordable
dwelling units on the East Parcel, this alternative would not prevent the city from fully utilizing
the capacity of an underdeveloped, infill site to achieve the following Housing Element Goals to
the maximum extent possible:
• 10-G.2: New housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth.
• 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households.
With 12 less affordable units onsite, the city's efforts to satisfy Housing Element Policy 10-P.10, which seeks to ensure the availability of sufficient developable acreage in all residential densities to accommodate varied housing types to meet the city's RHNA, and Housing Element Policy 10-
P.19, which works to ensure the city can satisfy the unmet housing needs of the community through new development and housing that is set aside for lower and moderate income households, would be impacted.
In fact, this alternative would limit the city's ability to satisfy the following Land Use Element Goals since this alternative would eliminate 12 affordable units from the project:
• 2-G.2: Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities.
• 2-G.3: Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop
with uses and development intensities supporting a cohesive development pattern.
• 2-G.4: Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a
cohesive urban form with careful regard for compatibility.
Nor would this alternative adequately allow the city to comply with Land Use Policy 2-P.6,
which encourages the provision of lower and moderate-income housing to meet the objectives of
the Housing Element or Land Use Policy 2-P.13, which encourages medium to higher density
residential uses located in close proximity to commercial services, employment opportunities and
major transportation corridors, because of the reduction in affordable units onsite.
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Finally, since the project is subject to a Site Development Plan (CMC Section 21.53.120), as
opposed to state and local Density Bonus Law provisions, the project design allowed for more
flexibility and the inclusion of parking above what would otherwise be required for a density
bonus project. This alternative would therefore not satisfy Land Use Element Policy 2-P.45 to the
same extent as the project, which was designed by the applicant and staff with maximum
flexibility and discretion.
In sum, this alternative is rejected because it would result in similar significant and mitigated
impacts as compared to the proposed project, and would not reduce or lessen any impacts, but it
would also lessen the city's ability to satisfy Housing Element Goals and Policies as well as Land
Use Element Goals and Policies.
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SECTION 0.3 Mitigation Monitoring and Reporting Program
Mitigation measures have been identified in the EIR for the Aviara Apartments Project to reduce
or eliminate potential environmental impacts associated with the project. The city is required to
implement all adopted mitigation measures. In order to ensure compliance, the following
Mitigation Monitoring and Reporting Program (MMRP) has been developed. This program
consists of a checklist followed by a detailed description of the mitigation measures.
Table 1 summarizes the mitigation measures for the project. Information contained within the
checklist clearly identifies the mitigation measure, delineates the monitoring schedule, and
defines the conditions required to verify compliance. The following is an explanation of the seven
columns that constitute the checklist.
Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with
a brief description.
Column 2 Type: Each mitigation measure is classified as Project Design Mitigation (PD),
Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term
Mitigation (LT) in order to identify at what stage in the project development
process the mitigation measure can be implemented based upon the following
definitions:
• PD - Project Design Mitigation: Mitigation that has been incorporated into the project at the design phase of project development (e.g., traffic control
plan, landscape plan);
• PC - Project Construction Mitigation: Mitigation that is to be initiated at the project site prior to and/or during construction to avoid construction related impacts (e.g., dust or noise control measures);
• OM - On-going Mitigation: Mitigation associated with the project over a period of time (e.g., success of revegetation); or
• LT - Long-Term Mitigation: Mitigation that requires monitoring over a greater period of time (e.g., five-year revegetation monitoring program).
Column 3 Monitor: Identifies the City department or other public agency that is
responsible for determining compliance with the mitigation measure and for
informing the Planning Department about compliance.
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Column 4 Schedule: The monitoring schedule depends upon the progression of the overall
project. Therefore, specific dates are not used within the “Schedule” column.
Instead, scheduling describes a logical succession of events (e.g., prior to
construction, annual) and if necessary, delineates a follow-up program.
Column 5 Compliance Action: The monitor can easily determine a mitigation measure’s
completion by referring to “Compliance Action.” Upon satisfaction of the
requirement listed in this column, the mitigation measure is considered complete.
Column 6 Verification of Compliance: The monitor verifies completion of the particular
mitigation measure by initialing and dating in this column. Where the “Schedule”
column indicates annual or other ongoing mitigation measures, verification of
compliance may not occur until completion of the project. Provision of all
required signatures within the Verification of Compliance column signifies
conclusion of the monitoring program.
Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be
documented during each visit. The space provided for remarks is obviously too
small for inclusion of the remarks. It is intended that this space be used to
indicate whether there are specific comments pertaining to the status of the
mitigation measure. If there are additional comments they are to be attached to
the checklist.
This program is to be adopted by the lead and responsible agencies upon formulation of findings
in order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources
Code Section 21081.6).
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TABLE 0.3-1 AVIARA APARTMENTS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of Compliance
Remarks Initial Date
Air Quality
AQ-1: Reduction of Dust Particulate Matter Emissions During Construction. Off-road diesel equipment greater than 50 horsepower used for the project shall meet EPA Tier 4 final off-road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology for Toxics (T-BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter or equivalent.
PC City of Carlsbad Community Development Department
Prior to and during construction Off-road diesel equipment shall meet EPA Tier 4 final off-road emission standards or equivalent. Equipment shall be outfitted with T-BACT devices.
Biological Resources
BIO-1: Temporary Construction Fencing and Grading. Temporary construction fencing (with silt barriers) shall be installed at the limits of project-related impacts (including construction staging areas and access routes) to prevent sensitive habitat impacts and to prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit final construction plans to the city for approval at least 30 days prior to initiating any clearing, grubbing, grading, or other construction activities. These final plans shall include the type and location of fencing, including permanent fencing along any urban/wildlands interface to deter unauthorized access (if deemed necessary by the city) and/or temporary fencing to delineate the construction footprint, impact zones within the footprint, protected areas, and no-construction buffer zones.
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits. These designated areas shall be located in previously compacted and disturbed areas to the maximum extent practicable so as to prevent any runoff from entering adjacent open space and shall be shown on the construction plans. Fueling of equipment shall take place within existing paved areas greater than 100 feet
PC City of Carlsbad Community Development Department
Prior to and during to construction Temporary construction fencing (with silt barriers) shall be installed at the limits of project-related impacts, and shall incorporate all the measures listed in BIO-1.
The applicant shall submit final construction plans to the city for approval at least 30 days prior to initiating any clearing, grubbing, grading, or other construction activities.
A biological monitor shall be present during all vegetation clearing activities.
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from Encinas Creek. The contract shall check equipment for leaks prior to operation and repair, as necessary. “No-fueling zones” shall be designated on construction plans. Fugitive dust will be avoided and minimized through watering and other appropriate measures.
A biological monitor shall be present during all vegetation clearing activities to help ensure that habitat is not cleared beyond established limits and that no native species are harmed.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the satisfaction of the city. Any riparian/wetland or upland habitat impacts that occur beyond the approved fence shall be mitigated in accordance with ratios specified in the Carlsbad HMP or as otherwise determined by the city, USFWS, U.S. Army Corp of Engineers, Regional Water Quality Control Board, and/or CDFW. Temporary construction fencing shall be removed upon project completion.
Grading activity shall be prohibited during the rainy season (October 1–April 1). All graded areas shall be landscaped prior to October 1 of each year with either temporary or permanent landscaping materials to reduce erosion potential. Such landscaping shall be maintained and replanted if not well established by December 1 following the initial planting.
The October 1 grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1 of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation.
Extensions beyond November 15 may be allowed with the approval of the City Engineer in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit.
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If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices are adopted, which may include, but are not limited to: silt fencing, gravel bag barriers, fiber rolls, construction road stabilization, dust control, concrete wash out areas, and covering and secondary containment for temporary storage areas and stockpiles.
BIO-2: Preservation and Management of Open Space. The project applicant shall record two types of easements: an open space easement that will be recorded on the final map, and a conservation easement or restrictive covenant that will be recorded by the County of San Diego. The easements shall be recorded over those portions of the property identified as proposed on-site preserve in Figure 9 of the approved Biological Resources Letter Report (Appendix C.1 of the EIR).
Prior to recordation of the final map, issuance of a grading permit or clearing of any habitat or vegetation, whichever occurs first, the following items shall be submitted to the city and approved as final by the City Planner or designee: Recordation of Conservation Easement, Restoration Plan, Preserve Management Plan (PMP)/Property Analysis Record (PAR), long-term management funding, and a management agreement (contract) with qualified preserve manager.
Prior to issuance of a grading permit or clearing of vegetation, the project applicant shall prepare a Restoration Plan for the revegetation of the temporary impact areas and proposed creation/substantial restoration areas within the preserve with coastal sage scrub for review and approval by the city or appointed designee. The Restoration Plan shall include 5 years of maintenance and monitoring to ensure the restoration effort is successful.
LT City of Carlsbad Community Development Department
Prior to construction The project applicant shall record an open space easement that will be recorded on the final map, and a conservation easement or restrictive covenant that will be recorded by the County of San Diego. The project applicant shall incorporate all measures listed in BIO-2.
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Verification of Compliance
Remarks Initial Date
The project applicant shall prepare a perpetual management, maintenance, and monitoring plan (PMP) according to the standards contained in Section F.2 of the HMP, Volumes 2 and 3 of the Multiple Habitat Conservation Program and the citywide open space management plan for the on-site biological conservation easement or restrictive covenant areas for review and approval by the city or appointed designee. The PMP shall include area-specific management directives for treatment of non-native invasive plant species within the project site’s open space, in addition to those required to meet HMP adjacency standards. The initial treatment of non-native invasive plant species shall occur within the first year following issuance of grading permit, and periodically thereafter, according to a schedule approved by the city and as funding allows.
The applicant shall also establish a non-wasting endowment for an amount approved by the city based on a Property Analysis Record (PAR; Center for Natural Lands
Management, 2008) or similar cost estimation method to secure the ongoing funding for the perpetual management, maintenance, and monitoring of the biological conservation easement area by an agency, non-profit organization, or other entity approved by the city.
Upon approval of the draft PMP, the applicant shall submit the final PMP and a contract with the approved land manager to the city or appointed designee, as well as transfer the funds for the non-wasting endowment to a non-profit conservation entity.
The project applicant shall install appropriate permanent fencing, such as three-strand smooth-wire fencing, along the boundary of the open space to discourage human access and allow wildlife to move through unobstructed. The project applicant shall also install signage on the fence to educate and inform the public about the open space and to prohibit access. The fencing and signs shall be shown on all final project plans.
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BIO-3: Coastal California Gnatcatcher Protection. No clearing, grubbing, grading, or other construction activities shall occur within Diegan coastal sage scrub during the breeding season of the coastal California gnatcatcher (February 15 to August 31). All grading permits, improvement plans, and the final map shall state the same. If clearing, grubbing, grading, or other construction activities would occur during the breeding season for the gnatcatcher, a pre-construction survey shall be conducted to determine whether gnatcatchers occur within the impact area(s). The pre-construction survey shall consist of one clearance survey by a permitted biologist no more than 3 days prior to the beginning of clearing, grubbing, grading, or other construction activities. If there are no gnatcatchers nesting (includes nest building or other breeding/nesting behavior) within that area, clearing, grubbing, grading, or other construction activities shall be allowed to proceed. If, however, any gnatcatchers are observed, but no nesting or breeding behaviors are noted, additional surveys for breeding/nesting behaviors shall be conducted weekly. If any gnatcatchers are observed nesting or displaying breeding/nesting behavior during the pre-construction survey or additional weekly surveys within the area, a no-work buffer shall be placed on clearing, grubbing, grading, or other construction activities within 500 feet of the nest location at which birds have been observed. The no-work buffer shall remain in place until all nesting behavior has ceased and all young have successfully fledged the nest, as determined by the qualified biologist, or until August 31, whichever happens first.
PC City of Carlsbad Community Development Department
During construction No clearing, grubbing, grading, or other construction activities shall occur within Diegan coastal sage scrub during the breeding season of the coastal California gnatcatcher (February 15 to August 31). The construction contractor shall incorporate all measures listed in BIO-3.
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BIO-4: Nesting Bird and Raptor Avoidance. If construction activities requiring earthwork, clearing, and grubbing of vegetation must occur during the general bird breeding season for migratory birds and raptors (January 15 to September 15), the project applicant shall retain a qualified biologist to perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds, including raptors and non-listed sensitive birds (e.g., yellow-breasted chat), afforded protection under the Migratory Bird Treaty Act and California Fish and Game Code. The pre-construction survey shall be performed no more than 3 days prior to the commencement of the activities. If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, a no-work buffer shall be placed on construction activities within 500 feet of any active nest at which birds have been observed. The no-work buffer shall remain in place until the young have fledged the nest and the nest is confirmed to no longer be active, as determined by the qualified biologist.
PC City of Carlsbad Community Development Department
Prior to and during construction If construction activities requiring earthwork, clearing, and grubbing of vegetation must occur during the general bird breeding season for migratory birds and raptors (January 15 to September 15), the project applicant shall retain a qualified biologist to perform a pre-construction survey of potential nesting habitat. The construction contractor shall incorporate all measures listed in BIO-4.
BIO-5: Diegan Coastal Sage Scrub Mitigation. The project applicant shall compensate for the unavoidable impacts to 0.1 acre of unoccupied Diegan coastal sage scrub at a ratio of 2:1 to include substantial restoration and/or creation onsite within the project site’s open space. Any mitigation must also be approved by the California Coastal Commission.
The project applicant will submit final habitat restoration plans to the city for review and approval at least 30 days prior to initiating project impacts. The Restoration Plan shall be prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines, pages C-1 to C-2), and Volume III; HMP pp. F-8 to F-11; and Open Space Management Plan Section 3.1.5. The Restoration Plan shall, at a minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be
LT City of Carlsbad Community Development Department
Prior to, during, and after construction
The project applicant shall compensate for the unavoidable impacts to 0.1 acre of unoccupied Diegan coastal sage scrub at a ratio of 2:1 to include substantial restoration and/or creation onsite within the project site’s open space.
The project applicant will submit final habitat restoration plans to the city for review and approval at least 30 days prior to initiating project impacts.
All areas shall be monitored for a minimum of 5 years to ensure establishment of intended plant communities.
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monitored for a minimum of 5 years to ensure establishment of intended plant communities.
BIO-6: Project Lighting. All exterior lighting adjacent to Existing Hardline and open space associated with Encinas Creek shall be of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from preserved habitat to the maximum extent practicable. Any lighting that faces preserved open space shall use low wattage, long wavelength bulbs (560 nanometers or longer; amber to red). The lighting shall be shown on all final project plans and approved by the city.
PD City of Carlsbad Community Development Department
During construction All exterior lighting adjacent to Existing Hardline and open space associated with Encinas Creek shall be of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from preserved habitat to the maximum extent practicable. The construction contractor shall incorporate all measures listed in BIO-6.
Cultural Resources
CUL-1: Cultural Resources Monitoring and Recovery Program. Based on the potential for subsurface cultural resources, a cultural resources monitoring program, including participation of Native American groups with interest in the project site, shall be implemented for initial grading and other ground-disturbing activities, including removal of pavement and structural foundations associated with the warehouse within the project site. The following measures are required for the project, consistent with the Tribal, Cultural, and Paleontological Guidelines (City of Carlsbad, 2017a: pp 75-77):
a. Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and shall enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a pre-excavation agreement) with the San Luis Rey Band of Mission Indians, or another Traditionally and Culturally Affiliated Native American tribe (TCA Tribe) for monitoring during ground-disturbing activities. The agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and shall include the provisions below. A copy of said archaeological contract and Tribal Monitoring agreement shall be provided to the
PC City of Carlsbad Community Development Department
Prior to and during construction A cultural resources monitoring program, including participation of Native American groups with interest in the project site, shall be implemented for initial grading and other ground-disturbing activities, including removal of pavement and structural foundations associated with the warehouse within the project site. The construction contractor shall incorporate all measures listed in CUL-1.
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City of Carlsbad prior to the issuance of a grading permit.
b. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground-disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities.
c. The landowner shall relinquish ownership of all cultural resources collected during ground disturbing activities and from any previous archaeological studies or excavations on the project site to the contracted TCA Tribe referenced in CR-1(a) for proper treatment and disposition per the Cultural Resources Treatment and Monitoring Agreement for reburial and treated in accordance with the TCA Tribe’s cultural and spiritual traditions within an appropriate protected location determined in consultation with the TCA Tribe and protected by open space or easement, etc., where the cultural items will not be disturbed in the future, and shall not be curated, unless ordered to do so by a federal agency or a court of competent jurisdiction. When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources.
d. All historical cultural resources uncovered by the archaeologist will be collected and treated following the guidelines and regulations set forth under 36 CFR 79, federal regulations for collection of cultural materials.
e. The archaeologist and Luiseño Native American monitor shall be present at the project’s onsite preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project.
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f. Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities within the immediate vicinity of a find. If archaeological artifact deposits, cultural features or tribal cultural resources are discovered during construction, all earth-moving activity within 100 feet, or otherwise determined as appropriate and necessary by the archaeologist and Luiseño Native American monitor, around the immediate discovery area must be diverted until the Luiseño Native American monitor and the archaeologist can assess the nature and significance of the find.
g. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground-disturbing activities for this project, the San Luis Rey Band of Mission Indians and the Rincon Band of Luiseño Indians shall be notified and consulted with by the city regarding the significance of the resources and the respectful and dignified treatment of those resources. All sacred sites, significant tribal cultural resources and/or unique archaeological resources encountered within the project area shall be avoided and preserved as the preferred mitigation, if feasible. If, however, a data recovery plan is authorized by the city as the lead agency under CEQA, San Luis Rey Band of Mission Indians, Rincon Band of Luiseño Indians, and the contracted TCA Tribe referenced in CR-1(a) shall be notified and consulted regarding the drafting of any such recovery plan. The recovery plan shall be finalized with the TCA Tribe. For significant artifact deposits or cultural features that are part of a data recovery plan, an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the Luiseno Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground-disturbing activities, the Luiseno Native
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Remarks Initial Date
American monitor, may at their discretion, collect said resources and provide them to the contracted TCA Tribe referenced in CR-1(a) for respectful and dignified treatment in accordance with the Tribe’s cultural and spiritual traditions.
h. If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego County Medical Examiner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the examination of the remains. If the San Diego County Medical Examiner determines the remains to be Native American, the NAHC must be contacted by the Medical Examiner within 24 hours. The NAHC must then immediately notify the “Most Likely Descendant” about the discovery. The Most Likely Descendant shall then make recommendations within 48 hours and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98.
i. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. Commercial sources of fill material are already permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources.
j. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the contracted TCA Tribe referenced in CR-1(a).
0.3 – Mitigation Monitoring and Reporting Program
Aviara Apartments Project 0.3-13 ESA / 180764
Final Environmental Impact Report November 2020
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of Compliance
Remarks Initial Date
k. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution.
Geology and Soils
GEO-1: Paleontological Resources – Monitoring, Recovery and Treatment Program. Prior to the commencement of construction, a qualified Principal Paleontologist shall be retained to oversee the mitigation program. The city defines a Principal Paleontologist as a person with a graduate degree in paleontology, geology, or related field, and who has at least 1 year of prior experience as a principal investigator. In addition, a regional fossil repository shall be designated to receive any discovered fossils. Because the proposed project is in San Diego County, the recommended repository is the San Diego Natural History Museum.
The Principal Paleontologist shall attend the pre-construction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. As well, the Principal Paleontologist shall conduct a paleontological resource contractor awareness training workshop to be attended by earth excavation personnel.
The Principal Paleontologiist shall oversee the implementation of required monitoring, recovery, and treatment of resources within both the West Parcel and East Parcel. A paleontological monitor (working under the direction of the Principal Paleontologist) shall be on-site on a full-time basis during all original cutting of previously undisturbed deposits of the Santiago Formation (high paleontological potential) to inspect exposures for unearthed fossils. Site conditions differ slightly between the parcels.
PC City of Carlsbad Community Development Department
Prior and during to construction Prior to the commencement of construction, a qualified Principal Paleontologist shall be retained to oversee the mitigation program. The Principal Paleontological shall oversee the implementation of required monitoring, recovery, and treatment of resources within both the West Parcel and East Parcel. The construction contractor shall incorporate all measures listed in GEO-1.
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0.3 – Mitigation Monitoring and Reporting Program
Aviara Apartments Project 0.3-14 ESA / 180764
Final Environmental Impact Report November 2020
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of Compliance
Remarks Initial Date
Monitoring is required during earthwork within the following areas:
• West Parcel: Earthwork that is 3 feet below existing grade or more and any work with any grade changes to the existing slopes in the southwestern corner of the parcel.
• East Parcel: Earthwork that is 17 feet below existing grade or more.
If fossils are discovered, the Principal Paleontologist or paleontological monitor shall recover them. Bulk sedimentary matrix samples may also be collected for stratigraphic horizons that appear likely to contain microvertebrate fossils. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (e.g., a bone bed or a complete large mammal skeleton) may require an extended salvage period. In these instances, the Principal Paleontologist (or paleontological monitor) has the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Fossil remains collected during monitoring and salvage shall be prepared (including washing of sediments to recover microvertebrate fossils), repaired, sorted, and cataloged as part of the mitigation program. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in the designated fossil repository. Donation of the fossils shall be accompanied by financial support for initial specimen storage.
A final summary paleontological mitigation report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, inventory lists of catalogued fossils, and significance of recovered fossils. The final paleontological mitigation report shall be submitted to the city or an appointed designee for review and approval prior to the release of the grading bond.
0.3 – Mitigation Monitoring and Reporting Program
Aviara Apartments Project 0.3-15 ESA / 180764
Final Environmental Impact Report November 2020
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of Compliance
Remarks Initial Date
Hazards and Hazardous Materials
HAZ-1: Soil Management Plan. The project applicant shall submit and obtain approval of a Soil Management Plan from the San Diego County DEH HMD prior to initiating any earthwork activities on the project site. The Soil Management Plan shall be prepared for the proposed project by a qualified environmental consultant based on the findings of the Phase I and II Environmental Site Assessments prepared by Arcadis and included in Appendices to this Draft EIR, and approved by the HMD. During construction, the contractor shall implement the Soil Management Plan and cease any earthwork activities upon discovery of any suspect soils or groundwater (e.g., petroleum odor and/or discoloration). The contractor shall notify the HMD upon discovery of suspect soils or groundwater and retain a qualified environmental firm to collect soil samples to confirm the level of contamination that may be present.
If contamination is found to be present on-site, any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to a site specific health and safety plan, prepared by a California state licensed professional consistent with Cal OSHA and Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) requirements. The contractor shall follow all procedural direction given by HMD in accordance with the Soil Management Plan prepared for the site to ensure that suspect soils are isolated, protected from runoff, and disposed of in accordance with transportation laws and the requirements of the licensed receiving facility.
If contaminated soil or groundwater is encountered and identified constituents exceed human health risk levels, the project applicant shall submit documentation to the city to verify that the contamination has been delineated, removed, and disposed of off-site in compliance with the receiving facilities’ requirements prior to any ground-disturbing activity on the relevant portion of the project site.
PC City of Carlsbad Community Development Department and San Diego County DEH HMD
Prior to and during construction The project applicant shall submit and obtain approval of a Soil Management Plan from the San Diego County DEH HMD prior to initiating any earthwork activities on the project site. The construction contractor shall incorporate all measures listed in HAZ-1.
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0.3 – Mitigation Monitoring and Reporting Program
Aviara Apartments Project 0.3-16 ESA / 180764
Final Environmental Impact Report November 2020
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of Compliance
Remarks Initial Date
Noise and Vibration
NOI-1: Construction-measures to Reduce Noise Impacts. The following field techniques shall be implemented by the project construction contractor to reduce construction-related noise:
a. The applicant shall coordinate with contractors and sub-contractors to require that equipment and trucks use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically-attenuating shields or shrouds). The installation of improved mufflers would provide at least 10 dBA noise reduction at all off-site sensitive receptor locations (FHWA, 2017).
b. Internal combustion engine driven equipment shall be equipped with intake and exhaust mufflers that are in good condition. Engines shall be turned off when not in use. Idling shall be limited to no more than 5 minutes at a time.
c. Impact tools used for this project shall be hydraulically or electrically powered to avoid noise associated with compressed air exhaust from pneumatically powered tools.
d. Impact tools shall use external jackets to reduce noise generation.
e. Vehicle staging and stockpiling shall be located as far as practical from nearby residences, such as in the northern half of the East Parcel or the northern half or central portions of the West Parcel.
PC City of Carlsbad Community Development Department
Prior to and during construction The field techniques listed in NOI-1 shall be implemented by the project construction contractor to reduce construction-related noise.
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