HomeMy WebLinkAbout2020-09-16; Planning Commission; Resolution 7381PLANNING COMMISSION RESOLUTION NO. 7381.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE MARJA ACRES PROJECT,
AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF
FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE DEVELOPMENT OF A MIXED-USE PROJECT CONSISTING OF 248
TOWNHOMES, 46 AFFORDABLE SENIOR APARTMENTS, AND 10,000
SQUARE FEET OF SPECIAL TY COMMERCIAL USES ON 20.65 ACRES AT 4901
EL CAMINO REAL, GENERALLY LOCATED SOUTH OF EL CAMINO REAL EAST
OF KELLY DRIVE, NORTH OF PARK DRIVE, AND WEST OF WEST RANCH
STREET/LISA STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MARJA ACRES
CASE NO.: EIR 2017-0001 (DEV16038)
WHEREAS, NUWI Carlsbad, LLC, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Michael W. and Marja D. Selna Family Trust 09-10-81 and
Hoffman Legacy Trust 12-17-12, "Owner," described as
PARCEL 1:
PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
·--·--
22, 1982 AS FILE NO. 82:-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID .PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79
FEET; THENCE SOUTH 64°58'15;' WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST
361.82 FEET; THENCE NORTH 18°32'.12" EAST 5.25.56 FEET; THENCE NORTH 83°17'35"
EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH
77°50'00" EAST 275.01 FEET; THENCE NORTH 01 °58'54" EAST _124.51 FEET; .THENCE
NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B".
APN: 207-101-35-00
PARCEL 2:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1
OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE . .
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION
OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200
OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E 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 NOVEMBER 16, 1986, LYING WITHIN EL CAMINO
REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION
RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A"
IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL
1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID
PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND
CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE
OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS
NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE N.ORTHWEST
CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2
NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
01°58'54" WEST, 124.51 FEET; THENCE S.OUTH 77°50'00" WEST, 257.37 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00." WEST, 17.64 FEET;
THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET
TO THE POINT OF BEGINNING.
APN: 207-101-37-00
("the Property"); and
WHEREAS, a Project Environmental Impact Report (EIR 2017-0001) was prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on September 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.
PC RESO NO. 7381 -2-
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 2017-0001, dated August 19, 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 2017-0001, 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 RECOMMENDS CERTIFICATION of the Environmental Impact Report for the
MARJA ACRES project, EIR 2017-0001 and RECOMMENDS ADOPTION of the Candidate
Findings of Fact ("CEQA Findings"), attached hereto marked as "Exhibit A" and
incorporated by this reference and of 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 cond ition.
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the FinalProject EIR 2017-
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, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, ahd considered Final
Project EIR 2017-0001, the environmental impacts therein identified for this project; the
Candidate Findings of Fact ("Findings" O! "CEQA Findings") attached hereto as "Exhibit A," and
the Mitigation Monitoring and Reporting Program _("Program") attached hereto as "Exhibit B,"
prior to RECOMMENDING APPROVAL of this project.
3. The Planning Commission finds that Final EIR 2017-0001 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.
PC RESO NO, 7381 -3-
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.
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 Clerk; 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 1200 Carlsbad Village Drive in the
custody of the City Clerk, and 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 Marja Acres project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 16, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
.ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7381 -4-
Findings of Fact Marja Acres Project
City of Carlsbad August 2020 | 1-1
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(PUBLIC RESOURCES CODE §21081
CEQA GUIDELINES §15091)
Final Environmental Impact Report (EIR 2017-0001)
Marja Acres Project
(SCH No. 2018041022)
1 Introduction
A Final Environmental Impact Report (hereafter “Final EIR”) has been prepared pursuant to the
California Environmental Quality Act (CEQA) to address the potential environmental effects of the
proposed Marja Acres Project and associated actions (hereafter “proposed project”) and considered
by the City in connection with its public consideration of requested approvals for the proposed project.
The proposed project involves the development of a total of 294 dwelling units consisting of 235
townhomes within the R-15 General Plan designated area, and 46 age-restricted affordable apartment
units, 13 townhomes, a 4,000-square-foot restaurant pad and a 6,000-square-foot retail pad area
within the General Commercial General Plan designated area. The full scope of the proposed project
and associated approvals are detailed further in Section 1.1 and Section 1.3 of the Final EIR. It should
be noted that the Final EIR contains many references to 296 dwelling units. Following public review of
the Draft EIR and in response to one of the comments received, a minor change was made to the
project site plan to incorporate a buffer for an off-site riparian area that resulted in the elimination of
two (2) dwelling units. While the majority of the references in the Final EIR to 296 units will remain,
these findings reflect the current project description that includes 294 dwelling units. The proposed
project would utilize the opportunities provided by the Residential Density Bonus and Incentives or
Concessions section of the Carlsbad Zoning ordinance (Carlsbad Municipal Code [CMC] Chapter
21.86). This allows up to a 35 percent increase in the number of units beyond the maximum General
Plan density calculations. The Final EIR also analyzed the environmental effects of a range of project
alternatives. The Final EIR and its separately bound technical appendices are incorporated herein by
reference as though fully set forth.
1.1 Proposed Project
The proposed project consists of 20.65 acres of land located within Local Facilities Management Zone
(LFMZ) 1, in the Northwest Quadrant of the City of Carlsbad, in northern San Diego County. The City
of Carlsbad is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to
the east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The project site
is located approximately two miles east of the Pacific Ocean and 31 miles north of downtown San
Diego. Regional access to the project site is provided by I-5 and SR-78.
EXHIBIT A
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The proposed project would be constructed and located on two parcels (Assessor Parcel Numbers
207-101-35 and 207-101-37) totaling 20.65 acres of land. The project site is located south of El
Camino Real, east of Kelly Drive, north of Park Drive, and west of Lisa Street/West Ranch Street.
1.1.1 Project Characteristics
The project site is designated by the Carlsbad General Plan as General Commercial (GC) and R-15
Residential (R-15). Areas with the R-15 designation are intended to be developed with housing at a
density between 8 to 15 dwelling units per acre. The adoption of the Carlsbad General Plan included
a requirement that the R-15 parcel on the project site be developed at a density of at least 12 units
per acre. In addition, the R-15 parcel is required to provide 20 percent of the units as affordable
housing to households earning up to 80 percent of the area median income (AMI) or two other options,
compared to the city’s standard inclusionary requirement of 15 percent at that affordability level.
Housing types allowed in the R-15 designation may include two-family dwellings (two attached
dwellings, including one unit above the other) and multi-family dwellings (three or more attached
dwellings); detached single-family dwellings may be permitted on small lots or when developed as two
or more units on one lot, subject to specific review and community design requirements.
The GC designation includes sites that provide general commercial uses that may be neighborhood
serving and/or serve a broader area of the community than local shopping centers. Sites with this
designation may be developed with a stand-alone general commercial use, two or more general
commercial uses, or mixed use (general commercial uses and residential dwellings, with residential
density to be 15 dwelling units per acre at a minimum based on 25 percent of the site’s developable
acreage).
The project site is zoned Residential Density-Multiple (RD-M) and General Commercial (C-2). The
intent and purpose of the RD-M zone is to implement the residential medium density, residential
medium-high density and residential high-density land use designations of the Carlsbad General Plan
and to provide regulations and standards for the development of residential dwellings. The C-2 zone
provides regulations and standards for the development of general commercial uses that serve the
local community. Permitted uses in the C-2 zone include a range of retail, wholesale, and service uses,
as well as residential uses within a mixed use development.
The proposed project includes the development of 294 total dwelling units, of which 235 would be
townhomes within the R-15 Residential General Plan designated area. Located within the
GC-designated area would be 46 age-restricted affordable apartments, 13 townhomes, a
4,000-square-foot restaurant pad and a 6,000-square-foot retail pad area. The residential breakdown
of the proposed project is shown in Table 1.
Table 1. Proposed Residential Unit Mix
Parcel General Plan Designation
Units
Total Units Townhomes Age-Restricted Affordable Apartments
Parcel 1 GC 13 46 59
Parcel 2 R-15 235 0 235
Total 294
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City of Carlsbad August 2020 | 1-3
Total Allowed Units
General Plan. Each of the city’s residential land use designations specifies a density range that
includes a minimum density, maximum density, as well as a Growth Management Control Point
(GMCP) density (the GMCP density ensures residential development does not exceed the number of
dwellings permitted in the city’s Growth Management Plan). At the upper end of the Carlsbad General
Plan’s allowable density range, a total of 224 dwelling units would be allowed on the project site based
on: a) the maximum density for the net developable acreage of the residentially-zoned parcel; and b)
the allowable 25 percent of net developable acreage for residential in a mixed-use development on
the commercially-zoned parcel.
Density Bonus. The number of total dwelling units proposed on the project site (294 units) exceeds
what is allowed on the project site at the upper end of the Carlsbad General Plan’s allowable density
range (224 units). In order to reach the proposed 294 dwellings units, the project applicant would utilize
the opportunities provided by state law and the Residential Density Bonus and Incentives or
Concessions section of the Zoning Ordinance (Chapter 21.86 of the CMC), which implements
California Government Code Sections 65915 – 65918). This allows up to a 35 percent increase in the
number of units beyond the maximum base level Carlsbad General Plan density calculations. Eighty
density bonus units are allowed on the project site with the 35 percent density bonus provisions. The
additional 80 density bonus units would increase the total allowable units from 224 to 304. While the
project site could be developed with a total of 304 units (with the density bonus provisions), the project
applicant is requesting 70 density bonus units (10 fewer units than the total allowed under the density
bonus provisions [80]), for a total of 294 residential units.
Excess Dwelling Units
City Council Policy 43 is the established policy for the number and allocation of Proposition E (Growth
Management) “excess” dwelling units. Policy 43 establishes the city’s policy regarding the number and
the criteria for allocation of “excess” dwelling units which have become available as a result of
residential projects being approved and constructed with less dwelling units than would have been
allowed by the density control points of the GMP as approved by the voters as Proposition E on
November 4, 1986.
At the median of the Carlsbad General Plan’s allowable density range, a total of 145 dwelling units
would be allowed on the R-15 parcel. Although the actual net acreage of the residentially-zoned
parcel would allow 145 dwelling units, the total number of units allocated as a result of the Carlsbad
General Plan land use change was 135 dwelling units, so 135 units is the baseline. In order to
reach the proposed 294 dwellings units, the project applicant is requesting a withdrawal of 158
dwelling units from the city’s Excess Dwelling Unit Bank (294 proposed units - 135 units
allocated by General Plan - one existing unit to be demolished = 158 units). No residential units
were assumed or allocated with the Carlsbad General Plan update for commercial sites.
Townhomes in Residentially-Zoned Area
The proposed project’s residential zone townhome component includes 235 townhomes with a variety
of building configurations (3-plex to 10-plex) and unit sizes. Smaller buildings (three-plex and four-plex)
are proposed to be located along the southwestern portion of the project site while the larger building
configurations would be strategically located in the northeastern interior of the project site. The
proposed grading concept would place the residential units along the southern perimeter of the project
site at an elevation such that residents of the new residential structures would not “look down” onto
Findings of Fact Marja Acres Project
1-4 | August 2020 City of Carlsbad
the backyards of the existing single-family properties located immediately to the south of the project
site.
The townhomes will be no more than three stories and up to 35 feet in height, some with allowable
protrusions above 35 feet per CMC Section 21.46.020 for stairwells, roof decks and parapets/railings.
These units include three bedrooms, and range in size from 1,700 to 2,350 square feet.
All units will have direct access from the interior of the unit to a private two-car garage. Private storage
will also be provided in the garage. Visitor parking will be provided along the primary private loop road
and will be well above the ratio of one visitor space for every four units as required by the CMC Planned
Development Ordinance (Chapter 21.45).
Townhomes in Commercially-Zoned Area
Thirteen townhomes are proposed in the commercially-zoned area. These townhomes will be of similar
layouts and scale as the townhomes in the residential area; however, these units will be more
complementary in style and architecture to the commercial buildings.
Age-Restricted Inclusionary Housing
In accordance with Chapters 21.85 and 21.86 of the CMC, the proposed project will meet the
requirements of the Inclusionary Housing Ordinance and state Density Bonus Law by designating an
area within the project site for age-restricted affordable housing. In accordance with Table A in Section
21.86.040 of the CMC, the project applicant is requesting a 35 percent density bonus. The approval
of the Carlsbad General Plan required the project site to provide a minimum of 20 percent affordable
housing or one of two options per Planning Commission Resolution No. 7114. The project proposes
the equivalent of meeting Resolution No. 7114’s option to provide 15 percent of the total units
affordable to senior households earning 50 percent AMI. Under this option, a total of 44 affordable
units would be required. In order to achieve a deeper level of affordability including some units at 30
percent AMI, the project is providing 46 senior affordable units or 15.6 percent of the project’s total
units. The affordable units include five (5) apartments at 30 percent AMI. The other 39 of the required
units will be provided at 50 percent AMI (23 apartments) and 60 percent AMI (16 apartments). The
project includes an additional two (2) apartments at 60 percent AMI that could otherwise be
market-rate apartments, for the project total of 46 affordable apartments. The units will be rented to
age-restricted households in these lower income levels. The development of the inclusionary housing
units will also comply with CMC Chapter 21.84 – Housing for Senior Citizens. A formal Affordable
Housing Agreement will be prepared and approved prior to the approval of the first final map.
The 46 age-restricted affordable apartments will be located in one building adjacent to El Camino Real
and the primary entrance to the site within the commercial area. The units will be mostly one- bedroom,
with one two-bedroom, apartments and may range in size from 525 square feet up to 750 square feet.
Due to the provision of age-restricted inclusionary housing, none of the inclusionary housing units will
include three bedrooms.
Commercial Uses
The proposed project would include a 4,000-square-foot restaurant pad and a 6,000-square foot retail
pad area within the commercially designated area of the project site. The actual square footage of the
constructed retail and restaurant space may vary depending on the future design of the commercial
area.
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City of Carlsbad August 2020 | 1-5
Landscape Plan
The policies, programs, and requirements of the City of Carlsbad’s Landscape Manual apply to all
public and private development requiring discretionary permits or submittal of landscape plans for
development permits. The proposed project is required to comply with the provisions of the Landscape
Manual with respect to planting, irrigation, water conservation, streetscape, slope revegetation/erosion
control, and fire protection. Furthermore, the city will review detailed landscape construction plans at
the time permits (i.e., grading and building) are applied for as part of the subsequent development of
the proposed project.
Community Recreational Space
Per Section 21.45.060 of the CMC, 200 square feet of community recreational space is required per
unit on the portion of the project site designated as R-15. A minimum of 75 percent of the required
amount of community recreational space is to be allocated for active recreational facilities. Community
recreational space would be provided as both passive and active recreational facilities for a variety of
age groups. The proposed project would provide 35,965 square feet (sf) of active recreational facilities
and 16,429 sf of passive recreational facilities for a total of 52,394 sf on the residential portion of the
project site.
On the commercially-designated portion of the project site, the proposed project would provide
3,710 sf of passive recreational facilities where 920 sf is required.
Private Recreational Space
The proposed project would provide private recreational spaces in the form of balconies, patios, or
roof decks per Section 21.45.080 of the CMC.
Circulation and Access
Vehicular access to the project site will be provided at two entry points from El Camino Real. The main
entry will be located on the western portion of the project site and will include a landscaped median.
This entry point will provide for right-in and right-out access only, and will include a deceleration lane
on El Camino Real. The secondary project site entry is also proposed from El Camino Real, and would
be located on the eastern portion of the site. This second entry point will also provide for right-in and
right-out access only and includes a deceleration lane. Both vehicular site access locations provide
for appropriate sight distance in accordance with city codes and policies.
Access to the commercial and age-restricted uses will be provided via the project site internal private
street and private driveways. Access to the residential portions of the proposed project will be provided
via the private loop street and private drive aisles.
All private streets will contain sidewalks for safe pedestrian circulation. Other sidewalks and pathways
will be provided for internal pedestrian circulation between the residential areas, commercial area, and
recreational areas.
El Camino Real in the project vicinity was recently improved to its buildout 6-lane Arterial Street
standard as part of the Robertson Ranch development located across the street from the proposed
project. As such, intersection configurations, lane widths, bike lane and bus stop configurations,
pedestrian sidewalk and crosswalk facilities are considered built out to city standards.
1-6 | August 2020 City of Carlsbad
Findings of Fact Marja Acres Project
Grading
Grading and earthwork will be required to modify the existing sloping, hillside topography for residential
and commercial development. The proposed project will require approximately 255,549 cubic yards
of cut and approximately 186,446 cubic yards of fill. Approximately 69,103 cubic yards would be
exported. Efforts will be made toward creating balanced earthwork. Final grading will be governed by
the final grading plan. Grading will conform to the Carlsbad Development Code, Chapter 15.16,
Grading and Erosion Control. The Development Code contains rules and regulations to control
excavation, grading, and earthwork.
The proposed grading concept and design of the project site would maintain the slope alignment in an
east to west direction, but would decrease the extent of the slope heights, which ultimately enhances
the view of the site from El Camino Real.
In order to maximize the privacy of the existing adjacent homes, the higher topographical elevations
of the site located along the southern portion of the site will be lowered significantly to improve the
project’s compatibility with the surrounding area. Lowering the topographical elevations along this
portion also accommodates the privacy concerns expressed by existing adjacent residents. The
lowering of the topography in the southern portion of the site to address privacy concerns results in an
increase in the volume of the project site grading.
Density Bonus Incentives, Concessions and Waivers
The city's Residential Density Bonus and Incentives or Concessions Ordinance (CMC § 21.86) and
the California State Density Bonus Law (Government Code §§ 65915 – 65918) seeks to encourage
the development of affordable housing by offering incentives, concessions and waivers or reductions
to standards for projects that provide on-site affordable housing.
By providing 20 percent of the base maximum density units as affordable, the proposed project
is entitled to two incentives. First, the applicant has requested an award of 158 dwelling units
(credit for one existing unit) from the city's Excess Dwelling Unit Bank. Council Policy 43 states that
allocation of excess dwelling units is an allowable incentive for increased density in the city.
Second, the applicant has requested permission to construct a horizontal, rather than vertical,
mixed-use development on the commercial parcel. Specifically, the applicant is requesting that
CMC Section 21.28.015(A), which requires that mixed-use development in the C-2 zone include
nonresidential uses on the ground floor and residential uses above the ground floor, not be applied to
the proposed project so that residential and commercial uses can occur in separate buildings on the
commercial parcel.
As shown in Table 2, the applicant also requests the following six waivers from or reductions
in applicable development standards.
Table 2. Waiver/Reduction Requests
Requested Waiver Development Standard Proposed Project
Building Setback Waiver CMC § 21.45.080 Zero setback where 10’ is required; provides 10' landscaped parkway, sidewalk and landscaped buffer area between curb and buildings
Retaining Wall Height Waiver CMC § 21.95.140(C)(1) Maximum retaining wall height of 23'; all retaining walls exceeding 6' in height are not visible from the public right of way
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City of Carlsbad August 2020 | 1-7
Table 2. Waiver/Reduction Requests
Requested Waiver Development Standard Proposed Project
Secondary Residential Uses Waiver CMC § 21.28.015(C)(2) Mix of residential and commercial uses on the C-2 designated parcel
Parkway and Sidewalk Width Reduction CMC § 21.45.060 Parkways - 3.5' – 5' instead of 5.5’ Sidewalks – 4' – 4.5' instead of 5’
Maximum Cut and Fill Waiver El Camino Real Corridor Development Standard Section IV(B)
Cuts/fills exceeding 10 feet
Grading Volume Waiver CMC § 21.95.040(d)(2) Earthwork exceeding 10,000 cubic yards/acre to maintain privacy for adjacent existing homeowners
1.2 Project Objectives
The project applicant has identified the following objectives for implementing the proposed project:
• Promote the construction of workforce housing near existing employment centers,
infrastructure, and public utilities.
• Provide a quality residential community of attached single-family homes attainably priced for
young families and professionals.
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Redevelop and infill site identified in the city’s Housing Element as underutilized with
much-needed housing and neighborhood commercial uses.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Facilitate the establishment and operation of a community garden and vegetable stand to
serve residents, as well as visitors to the proposed project’s commercial and gathering spaces.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Provide neighborhood recreational and open space amenities that will induce residents to
minimize travel, resulting in a reduction of GHG emissions.
• Design a community that encourages social interaction by integrating land use types and
mobility within the community.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
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1.3 Project Approvals
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.
In conformance with Sections 15050 and 15367 of the State CEQA Guidelines, the City of Carlsbad
has been designated as the “lead agency,” which is defined as, “the public agency which has the
principal responsibility for carrying out or approving a project.” The following identifies the discretionary
actions and approvals by the city for the proposed project.
• Tentative Map (CT 16-07). The Applicant is requesting approval of a Tentative Tract Map
required for development of the proposed project site. A tentative tract map is required by the
California Subdivision Map Act (Government Code §66426 et seq.)
• Planned Development Permit – Residential (PUD 16-09). The Applicant is requesting a
PUD to facilitate individual ownership of units and subdivision of the residential areas.
• Planned Development Permit - Nonresidential (PUD 2018-0007). The Applicant is
requesting a nonresidential PUD to facilitate individual ownership of commercial and
age-restricted lots, and mixed-use-residential units, along with subdivision of the commercial
site. Includes rescinding of Precise Plan 20 adopted in 1968.
• Site Development Plan (SDP 2018-0001). An SDP is required for the age-restricted
affordable housing component of the proposed project and for the proposed residential uses
located with the General Commercial zone.
• Coastal Development Permit (CDP 16-33). A CDP 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 appellate jurisdiction of the California Coastal
Commission.
• Hillside Development Permit (HDP 16-02). 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 percent in slope. The purpose of the
HDP is to regulate grading per the city’s Hillside Development Ordinance (Municipal Code
Chapter 21.95) standards and policies.
• Special Use Permit (16-02). The project site is located along El Camino Real within the Scenic
Preservation Overlay and is subject to the El Camino Real Corridor Development Standards.
Thus, an SUP is required for the proposed project.
• Final EIR Certification (EIR 2017-0001). 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-maker as complete and providing accurate information concerning the
environmental impacts from the implementation of the proposed project.
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Discretionary Action and Approvals by Other Agencies
The project site supports a low-quality drainage ditch that could qualify as non-wetland waters of the
U.S. (WOUS) subject to U.S. Army Corps of Engineers (USACE) jurisdiction pursuant to Clean Water
Act (CWA) Section 404, non-wetland waters of the state subject to Regional Water Quality Control
Board (RWQCB) jurisdiction pursuant to CWA Section 401, and unvegetated streambed subject to
California Department of Fish and Wildlife (CDFW) jurisdiction pursuant to California Fish and Game
Code (FGC) Sections 1600 et seq. The proposed project will require the following agency notifications
and permits:
• USACE - The project applicant shall prepare and submit notification to the USACE for
unavoidable impacts to non-wetland WOUS. Based on the USACE’s CWA
Section 404 Nationwide Permit program, project activities would be covered under NWP
29 - Residential Developments, contingent upon waiver of the 300 linear feet limit for this
permit.
• RWQCB - The project applicant shall prepare and submit a CWA Section 401 Request for
Water Quality Certification to the RWQCB for unavoidable impacts to non-wetland waters of
the state.
• CDFW - The project applicant shall prepare and submit a California Fish and Game Code
Section 1602 Notification of Lake or Streambed Alteration to the CDFW for unavoidable
impacts to unvegetated jurisdictional streambed.
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 §21081 and CEQA Guidelines §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 in the administrative record as each
of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §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.
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CEQA Guidelines §15092(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.
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2 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 §21081(a)(1) and Guidelines §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 Biological Resources
2.1.1 Special-Status Species – Nesting Birds
A. Significant Impact. The project site contains trees, shrubs, and other vegetation that provide
marginal nesting habitat for common birds, including sensitive birds and raptors, protected under
the Migratory Bird Treaty Act (MBTA) and California FGC. 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 on nesting birds
and violation of the MBTA and California FGC. Direct impacts could occur as a result of removal
of vegetation supporting an active nest. Impacts would be considered significant.
B. Facts in Support of Finding (1). The project’s potential impact associated with nesting birds
would be mitigated to a level less than significant with the implementation of Mitigation Measure
BIO-1.
C. Mitigation Measures
Mitigation Measure BIO-1
Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e.,
earthwork, clearing, and grubbing) must occur during the general bird breeding season for
migratory birds and raptors (January 15 and 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 and raptors afforded protection under the
MBTA and California FGC. The preconstruction survey shall be performed no more than 7 days
prior to the commencement of grading and/or vegetation removal activities. If the qualified biologist
determines no active migratory bird or raptor nests occur, the activities shall be allowed to proceed
without any further requirements. Should an active nest of any MBTA-covered species occur within
or adjacent to the project impact area, a 100-foot buffer (300 feet for raptors) shall be established
around the nest, and no construction shall occur within this area until a qualified biologist
determines the nest is no longer active or the young have fledged.
2.1.2 Sensitive Natural Community
A. Significant Impact. Implementation of the proposed project would result in a direct impact to the
vegetation community acreages – which includes 12.4 acres of disturbed habitat/disced land, 0.3
acre of disturbed habitat, 2.1 acre of ornamental/non-native vegetation, and 5.7 acre of
urban/developed. Project development would only impact common upland habitat types (Carlsbad
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Habitat Management Plan [HMP] Habitat Group F) that are not sensitive natural communities.
Impacts to non-sensitive upland habitat types require purchase of in-lieu fee credits under the
Carlsbad HMP.
Potential significant indirect impacts could occur if stormwater runoff is not controlled at the
construction site, and sediment, toxics, and/or other material is inadvertently carried into sensitive
habitat within the adjacent off-site Kelly Creek. Further, if the construction work areas are not
properly fenced, inadvertent encroachment into adjacent sensitive riparian habitat associated with
Kelly Creek could occur.
Once constructed, the proposed project uses would likely generate certain pollutants that could
affect water quality downstream from the project site. The potential water quality impact associated
with operation of the proposed project is considered a significant impact.
B. Facts in Support of Finding (1). The project’s potential direct impact associated with sensitive
natural communities would be mitigated to a level less than significant with the implementation of
Mitigation Measure BIO-2. The project’s potential indirect impact associated with sensitive natural
communities would be mitigated to a level less than significant with the implementation of
Mitigation Measure BIO-3 and WQ-1. The project’s potential water quality impact associated with
operation of the proposed project would be mitigated to a level less than significant with the
implementation of Mitigation Measure WQ-2.
C. Mitigation Measures
Mitigation Measure BIO-2
Habitat Management Plan In-Lieu Mitigation Fee. Prior to recordation of a final map or issuance
of a grading permit, whichever occurs first, the project applicant shall pay habitat in lieu mitigation
fees according to the ratios and amounts established by the HMP for Natural Communities in the
City of Carlsbad.
Mitigation Measure BIO-3
Construction Fencing. The applicant shall show the locations of temporary construction fencing
with the first submittal of grading plans. Temporary construction fencing (with silt barriers) shall be
installed at the limits of project impacts (including construction staging areas and access routes)
adjacent to sensitive habitat to prevent sensitive habitat impacts and the spread of silt from the
construction zone into adjacent habitats. Fencing may be required at the western end of the project
to separate project impacts from the off-site sensitive habitat of Kelly Creek. Fencing shall be
installed in a manner that does not impact habitats to be avoided. The applicant shall submit to
the City of Carlsbad for approval at least 30 days prior to grading permit issuance, the final plans
for project construction. These final plans shall include photographs that show the fenced limits of
impact and areas to be impacted or avoided.
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 in such a manner 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 disturbed areas greater than 100 feet from Kelly Creek. Contractor equipment shall be
checked for leaks prior to operation and repair, as necessary. “No fueling zones” shall be
designated on construction plans.
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If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the
problem has been remedied to the city’s satisfaction. Any impacts that occur to environmentally
sensitive areas beyond the approved fence shall be mitigated in accordance with ratios specified
in the Carlsbad HMP or as otherwise determined by the City of Carlsbad in coordination with the
USFWS, USACE, RWQCB, and/or CDFW. Temporary construction fencing shall be removed
upon project completion.
Mitigation Measure WQ-1
Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare
and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that
pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management
and Discharge Control Ordinance, General Construction Stormwater Permit (Order No.
2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit
(R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No.
CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion
control measures identified below on a weekly basis in accordance with the city’s grading and
erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion
control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be
installed include, but are not limited to, the following:
• Silt fence, fiber rolls, or gravel bag berms;
• Check dams;
• Street sweeping and vacuuming;
• Storm drain inlet protection;
• Stabilized construction entrance/exit;
• Hydroseed, soil binders, or straw mulch;
• Containment of material delivery and storage areas;
• Stockpile management;
• Spill prevention and control;
• Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and
• Concrete waste management.
Mitigation Measure WQ-2
Prior to the issuance of grading permits or other approvals for any public or private right of way
improvements, whichever comes first, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad
BMPDM. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer
that the proposed project has implemented an integrated Low Impact Development (LID) approach
to meet criteria described in the City of Carlsbad BMPDM. The proposed project has incorporated
LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs
into the project design to the maximum extent practicable.
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2.1.3 Jurisdictional Waters
A. Significant Impact. The project site supports a low quality drainage ditch that could qualify as
non-wetland WOUS subject to USACE jurisdiction pursuant to CWA Section 404, non-wetland
waters of the state subject to RWQCB jurisdiction pursuant to CWA Section 401, and unvegetated
streambed subject to CDFW jurisdiction pursuant to California FGC Sections 1600 et seq.
B. Facts in Support of Finding (1). The project’s potential impact associated with jurisdictional
waters would be mitigated to a level less than significant with the implementation of Mitigation
Measure BIO-4. Existing regulations require the USACE, RWQCB, and CDFW be notified and, if
required, permits and approvals be obtained from these agencies prior to the impacts occurring.
Mitigation for impacts shall occur at a minimum 1:1 ratio through on and/or off site
establishment/re-establishment, rehabilitation, enhancement, and/or preservation.
Implementation of Mitigation Measure BIO-4 would ensure the appropriate regulatory permits are
obtained and mitigation obligations are fulfilled in accordance with existing regulations pertaining
to non-wetland WOUS/waters of the state and unvegetated streambed.
C. Mitigation Measures
Mitigation Measure BIO-4
Regulatory Permitting and Compensatory Mitigation. Impacts to all or portions of the unnamed
drainage ditch on the project site shall require the following agency notifications and permits prior
to approval of the final map:
• The project applicant shall prepare and submit notification to the USACE for unavoidable
impacts to non-wetland WOUS. Based on USACE’s CWA Section 404 NWP program,
project activities would be covered under NWP 29 – Residential Developments, contingent
upon waiver of the 300 linear feet limit for this permit.
• The project applicant shall prepare and submit a CWA Section 401 Request for Water
Quality Certification to the RWQCB for unavoidable impacts to non-wetland waters of the
state.
• The project applicant shall prepare and submit a California FGC Section 1602 Notification
of Lake or Streambed Alteration to the CDFW for unavoidable impacts to unvegetated
jurisdictional streambed.
If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall
implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of
jurisdictional waters, which would include one or a combination of the following measures:
• The project applicant shall purchase preservation, establishment/ re-establishment,
rehabilitation, and/or enhancement credits from a mitigation bank approved by the USACE,
RWQCB, and/or CDFW; and/or,
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• The project applicant shall implement permittee responsible preservation, establishment,
re-establishment, rehabilitation and/or enhancement at an on or off site location approved
by the USACE, RWQCB, and/or CDFW, including preparation and implementation of a
conceptual mitigation plan, habitat mitigation monitoring plan, restoration plan, and/or long
term management plan, unless otherwise specified by the USACE, RWQCB, and/or
CDFW. A conservation easement, restrictive covenant, or other protection shall be
recorded over the mitigation area, and the area shall be managed in perpetuity in
accordance with the long term management plan, unless otherwise specified by the
USACE, RWQCB, and/or CDFW.
2.1.4 Wildlife Corridors
A. Significant Impact. Construction work limits will be contained within temporary construction
fencing. Project operation has the potential to result in significant indirect impacts on wildlife
potentially using off site habitat associated with Kelly Creek if lighting is not appropriately shielded
and directed downward and away.
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 Measures
BIO-3 and BIO-5.
C. Mitigation Measures
Mitigation Measure BIO-3 (as listed above)
Mitigation Measure BIO-5
Project Lighting. Prior to issuance of a grading permit or building permit, whichever is applicable
for the particular lighting, the applicant shall submit an exterior lighting plan for City Planner
approval. All exterior lighting adjacent to off-site habitat associated with Kelly Creek to the west
shall be limited to low pressure sodium or alternative sources in the amber spectrum of the lowest
illumination allowed for human safety, selectively placed, shielded, and directed away from habitat
to the maximum extent practicable.
2.1.5 Conflict with Adopted Habitat Management Plan
A. Significant Impact. The proposed project may have impacts to non-sensitive upland habitat types
that require purchase of in-lieu fee credits under the HMP. There may be direct or indirect impacts
to nesting birds, including HMP species, off-site sensitive habitat may be impacted by construction
activities, and adjacent habitat may need protection from project lighting.
B. Facts in Support of Finding (1). The project’s potential impact associated with consistency with
HMP species requirements would be mitigated to a level less than significant with the
implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO-5.
C. Mitigation Measures
Mitigation Measure BIO-1 (as listed above)
Mitigation Measure BIO-2 (as listed above)
Mitigation Measure BIO-3 (as listed above)
Mitigation Measure BIO-5 (as listed above)
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2.2 Cultural Resources
2.2.1 Archaeological Resources
A. Significant Impact. The presence of previously recorded archaeological resources in the area
suggests a potential for the occurrence of previously undiscovered archaeological resources on
the project site.
B. Facts in Support of Finding (1). The project’s potential impact associated with previously
undiscovered archaeological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure CR-1.
C. Mitigation Measure
Mitigation Measure CR-1
The following shall be implemented to minimize impacts to subsurface tribal cultural resources:
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 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
that may impact native soils. Ground disturbing activities may include, but are not 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 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 tribes 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.
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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 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 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 the project, the San Luis Rey Band of
Mission Indians and the Rincon Band of Luiseno 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, the contracted TCA Tribe
referenced in CR-1(a) shall be notified and consulted regarding the drafting and finalization
of any such recovery plan. 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 Luiseño
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 Luiseño 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. With the written permission of the TCA Tribe referenced in CR-1(a), the developer, and
with the approval of the City of Carlsbad, the archaeologist may make 3D scans of
agreed-upon unique archaeological resource(s). The archaeologist shall make prints from
the scans and shall submit the digital files and the associated prints for curation at the San
Diego County Archaeological Society. The archaeologist shall also provide the digital files
to the consulting tribes. The developer or designee shall bear the costs associated with
the scanning, printing and curation of the digital files and prints.
i. If suspected Native American human remains are encountered, California Health and
Safety Code Section 7050.5 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 PRC 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
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remains to be Native American, the Medical Examiner must contact the Native American
Heritage Commission (NAHC) within 24 hours. The NAHC must then immediately notify
the Most Likely Descendant (MLD) upon receiving notification of the discovery. The MLD
shall then make recommendations within 48 hours of being granted access to the site and
engage in consultation concerning treatment of remains as provided in PRC 5097.98. If
the MLD does not make recommendations within 48 hours, the area of the property must
be secured from further disturbance. If no recommendation is given, the property owner or
his or her authorized representative shall re-inter the human remains and items associated
with Native American burials with appropriate dignity on the property in a location not
subject to further subsurface disturbance in accordance with California Public Resources
Code Section 5097.98(e).
j. 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 archaeologist and Luiseño Native American monitor that such fill
material does not contain tribal cultural resources.
k. No testing, invasive or noninvasive, shall be permitted on any recovered tribal cultural
resources without the written permission of the contracted TCA Tribe referenced in
CR-1(a).
l. 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. Confidential portions
of said report per state law shall be subject to confidentiality as an exception to the Public
Records Act and will not be available for public distribution.
2.2.2 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, which has a high sensitivity for paleontological resources. The
development of the proposed project may directly or indirectly negatively impact or destroy a yet
unidentified paleontological resource without proper mitigation.
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
Measures CR-2 through CR-7.
C. Mitigation Measures
Mitigation Measure CR-2
Prior to the issuance of a grading permit, the project applicant shall enter into a contract with a
qualified Principal Paleontologist to monitor the site, and provide a copy of the contract to the City
of Carlsbad. The paleontologist shall be present at the project’s on-site preconstruction meeting
to consult with grading and excavation contractors concerning excavation schedules, safety issues
and procedures, and shall monitor all grading that includes initial cutting into any area of the project
site, as the project site sits on paleontologically-sensitive Santiago Formation deposit. If any
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paleontological resources are identified during these activities, the paleontologist shall temporarily
divert construction until the significance of the resources is ascertained.
Mitigation Measure CR-3
Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant
or animal remains are found with no associated evidence of human activity or any archaeological
context.
Mitigation Measure CR-4
Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid
construction delays and remove samples of sediments, which are likely to contain the remains of
small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or
divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if
the potentially fossiliferous units described above are not present or if the fossiliferous units
present are determined by a qualified paleontological monitor to have low potential to contain fossil
resources.
Mitigation Measure CR-5
All recovered specimens shall be prepared to a point of identification and permanent preservation,
including washing of sediments to recover small invertebrates and vertebrates.
Mitigation Measure CR-6
Specimens shall be identified and curated into an established, accredited, professional museum
repository with permanent retrievable storage such as the San Diego Natural History Museum.
The paleontologist shall have a written repository agreement in hand prior to the issuance of a
grading permit and initiation of mitigation activities.
Mitigation Measure CR-7
Prior to the release of grading bonds, the paleontologist shall complete a report describing the
methods and results of the paleontological monitoring and data recovery program, and file a copy
of the report at the San Diego Natural History Museum.
2.2.3 Human Remains
A. Significant Impact. Implementation of the proposed project could inadvertently impact
undiscovered human remains during excavation and grading activities.
B. Facts in Support of Finding (1). The project’s potential impact associated with the disturbance
of human remains would be mitigated to a level less than significant with the implementation of
Mitigation Measure CR-8.
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C. Mitigation Measure
Mitigation Measure CR-8
As summarized in section (i) of Mitigation Measure CR-1, if human remains or remains that are
potentially human are found during any ground disturbance associated with project development
activities, including the archaeological test or data recovery programs, the project proponent and
its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5.
a. The archaeologist in consultation with the Native American monitor(s) shall ensure
reasonable measures are taken so that the discovery location will be protected and
secured from further disturbance.
b. The archaeological project manager shall notify the County Medical Examiner.
c. If the remains are determined by the medical examiner to be of Native American ancestry,
the medical examiner will notify the NAHC within 24 hours.
d. The NAHC will designate and contact the MLD.
e. The property owner will provide the MLD with access to the discovery location, which will
have been protected from damage.
f. The MLD will make a recommendation for treatment of the remains within 48 hours of
being granted access to the property. The descendant’s preferences for treatment may
include the following:
i. The nondestructive removal and analysis of human remains and items associated with
Native American human remains.
ii. Preservation of Native American human remains and associated items in place.
iii. Relinquishment of Native American human remains and associated items to the
descendants for treatment.
iv. Other culturally appropriate treatment.
g. If the MLD does not make a recommendation within 48 hours, or if the recommendations
are not acceptable to the property owner following extended discussions and mediation
by the NAHC, the property owner will reinter the remains ad burial items with appropriate
dignity on the property, in a location not subject to further subsurface disturbance. The
location of reinterment will be protected by at least one of the three following measures:
i. Record the location with the NAHC or the SCIC.
ii. Utilize an open space or conservation zoning designation or easement.
iii. Record a reinternment document with San Diego County.
h. If multiple human remains are found, extended discussions will be held with the MLD. If
agreement on the treatment of these remains is not reached, they will be reinterred in
compliance with PRC 5097.98(e).
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2.2.4 Tribal Cultural Resources
A. Significant Impact. Implementation of the proposed project could inadvertently impact
undiscovered Tribal Cultural Resources (TCRs) during ground disturbing activities such as
excavation and grading. If TCRs are encountered, the proposed project may result in potentially
significant impacts on TCRs.
B. Facts in Support of Finding (1). The project’s potential impact associated with the disturbance
of TCRs would be mitigated to a level less than significant with the implementation of Mitigation
Measures CR-1 and CR-8.
C. Mitigation Measure
Mitigation Measure CR-1 (as listed above)
Mitigation Measure CR-8 (as listed above)
2.3 Geology and Soils
2.3.1 Seismic Hazards
A. Significant Impact. According to the geotechnical evaluation report, there is a potential for
liquefaction to occur on the project site due to the relatively low density granular soils occurring
within the 100 feet of the soil profile, relatively high elevation of groundwater, and a potential for a
design seismic event of a sufficient duration and magnitude to induce straining of soil particles.
Therefore, the potential for liquefaction on the project site is considered a significant impact
because the materials underlying the site are considered liquefiable.
The area is identified as “generally susceptible” to landslides based on slopes perceived to be
near their stability limits because of weak materials or slope gradient. Although landslide deposits
were not noted within the project site during field work, there is potential for slope instability to
occur during site grading. The potential for slope instability on the project site is considered a
significant impact.
B. Facts in Support of Finding (1). The project’s potential impacts associated with liquefaction and
landslides would be mitigated to a level less than significant with the implementation of Mitigation
Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1
Prior to approval of final engineering and grading plans for the project, the city’s Land Development
Engineering Department shall verify that all recommendations contained in the Update of the
Geotechnical Update Evaluation for Marja Acres (GeoSoils 2018) have been incorporated into all
final engineering and grading plans. The city’s soil engineer and engineering geologist shall review
grading plans prior to finalization to verify plan compliance with the recommendations of the report.
All future grading and construction of the project site shall comply with the geotechnical
recommendations contained in the geotechnical report. The report identifies specific measures for
mitigating geotechnical conditions on the project site and addresses grading, slope stability,
foundations, concrete slabs on grade, and retaining walls.
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2.3.2 Unstable Geologic Unit or Soil
A. Significant Impact. The project site is covered in undocumented fill, surficial deposits of
colluvium, and near surface deposits of alluvium. According to the geotechnical evaluation
prepared for the proposed project, these are not considered suitable for the support of settlement
sensitive improvements or engineered fill in their existing state. Without mitigation, the presence
of these materials may have the potential to produce a potentially significant impact as a result of
unstable geologic units or soils.
B. Facts in Support of Finding (1). The project’s potential impact associated with an unstable
geologic unit or soil would be mitigated to a level less than significant with the implementation of
Mitigation Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.3.3 Expansive Soils
A. Significant Impact. According to the geotechnical evaluation prepared for the proposed project,
the on-site soils exhibit Expansion Index values ranging from approximately 17 (very low) to 128
(high). The on-site soils meet the criteria of detrimentally expansive soils, as defined in Section
1803.5.3 of the 2016 CBC. Therefore, the presence of expansive soils on the project site has the
potential to create a substantial risk to life or property.
B. Facts in Support of Finding (1). The project’s potential impact associated with expansive soils
would be mitigated to a level less than significant with the implementation of Mitigation Measure
GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.4 Hazards and Hazardous Materials
2.4.1 Release of Hazardous Materials into the Environment
A. Significant Impact. Given the age of the existing structures on the project site (constructed circa
1950), asbestos-containing materials (ACMs) and lead based paint (LBP) are likely to be present
at the project site. The potential presence of ACMs and LBP on the project site is a significant
impact to the public and environment, specifically when existing structures are demolished as part
of the proposed project. Therefore, the proposed project has the potential to create a significant
hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of ACMs and LBP into the environment.
B. Facts in Support of Finding (1). The project’s potential impacts associated with release of
hazardous materials into the environment would be mitigated to a level less than significant with
the implementation of Mitigation Measure HAZ-1.
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C. Mitigation Measure
Mitigation Measure HAZ-1
Prior to the issuance of a demolition permit, a Hazardous Materials Assessment (surveys) would
be performed to determine the presence or absence of ACMs/LBP located in the buildings to be
demolished. Suspect materials that would be disturbed by the demolition activities would be
sampled and analyzed for asbestos content, or assumed to be asbestos containing. All lead
containing materials and asbestos containing materials scheduled for demolition must comply with
applicable regulations for demolition methods and dust suppression. Lead containing materials
and asbestos containing materials shall be managed in accordance with applicable regulations.
The ACM survey would be conducted by a person certified by the California Division of
Occupational Safety and Health. The LBP survey would be conducted by a person certified by the
California Department of Health Services. Copies of the surveys would be provided to the County
of San Diego Department of Environmental Health and San Diego Air Pollution Control District
once completed.
2.5 Hydrology and Water Quality
2.5.1 Violation of Water Quality Standards – Construction
A. Significant Impact. Implementation of the proposed project includes short-term construction
activities including grading and excavation. These activities could result in potential
erosion/sedimentation and discharge of construction-related hazardous materials (e.g., fuels,
grease, etc.) into local storm drains.
B. Facts in Support of Finding (1). The project’s potential impact associated with violation of water
quality standards would be mitigated to a level less than significant with the implementation of
Mitigation Measure WQ-1.
C. Mitigation Measure
Mitigation Measure WQ-1 (as listed above)
2.5.2 Violation of Water Quality Standards – Long-term Operations
A. Significant Impact. Once constructed, the proposed residential uses would likely generate certain
pollutants commonly found in similar developments that could affect water quality downstream
from the project site. With the inclusion of these uses, the proposed project has the potential to
result in long-term impacts on water quality due to the addition of pollutants typical of urban runoff.
B. Facts in Support of Finding (1). The project’s potential impact associated with long-term impacts
on water quality would be mitigated to a level less than significant with the implementation of
Mitigation Measure WQ-2.
C. Mitigation Measure
Mitigation Measure WQ-2
Prior to the issuance of grading permits or other approvals for any public or private right-of-way
improvements, whichever comes first, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP
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Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has implemented an integrated Low Impact Development (LID)
approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed
project has incorporated LID strategies which include site design BMPs, source control BMPs and
pollutant control BMPs into the project design to the maximum extent practicable.
2.5.3 Alter Drainage Pattern Resulting in Erosion or Siltation
A. Significant Impact. Implementation of the proposed project would include construction activities,
such as excavation and trenching for foundations and utilities, soil compaction, cut and fill
activities, and grading, all of which would temporarily disturb soils. Disturbed soils are susceptible
to high rates of erosion from wind and rain, resulting in sediment transport from the site. Therefore,
the proposed project has the potential to result in significant adverse impacts related to erosion
and siltation. However, because the proposed project will disturb more than 1 acre of surface area,
it will be subject to the Construction General NPDES Permit requirements, including preparation
of a SWPPP.
B. Facts in Support of Finding (1). The project’s potential impact associated with erosion or siltation
would be mitigated to a level less than significant with the implementation of Mitigation Measure
WQ-1.
C. Mitigation Measure
Mitigation Measure WQ-1 (as listed above)
2.6 Land Use and Planning
2.6.1 Plan Consistency
A. Significant Impact. The project site is located within the Airport Overflight Notification Area and
Review Area 2 of the Airport Influence Area for McClellan-Palomar Airport. The Airport Land Use
Compatibility Plan (ALUCP) requires that all new residential properties located within the overflight
notification area be required to record a notice informing residents of the potential environmental
impacts related to the aircraft, and the property is subject to overflight, sight, and sound of aircraft
operating from the McClellan Palomar Airport.
B. Facts in Support of Finding (1). The project’s potential impact associated with residential
properties located in an overflight notification area would be mitigated to a level less than
significant with the implementation of Mitigation Measure LU-1.
C. Mitigation Measure
Mitigation Measure LU-1
New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the
ALUCP shall be notified as part of the real estate disclosure package that the project site is outside
the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise
impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute
dictates that the following statement shall be provided:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport,
within what is known as an airport influence area. For that reason, the property may be subject to
some of the annoyances or inconveniences associated with proximity to airport operations (for
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example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from
person to person. You may wish to consider what airport annoyances, if any, are associated with
the property before you complete your purchase and determine whether they are acceptable to
you.
This measure shall be implemented concurrent with the real estate disclosure package. Prior to
issuance of building permits, the City of Carlsbad Planning Division shall be responsible for
verification of implementation of this measure through the recordation of a Notice.
2.7 Noise
2.7.1 Conflicts with Noise Standards – Construction and Operation
A. Significant Impact. At the townhome façade locations, exterior noise levels would generally
exceed the applicable city noise standards (65 dBA CNEL for the commercial zone or 60 dBA
CNEL for the residential zone) for exterior use areas along the first, second and third rows with an
unobstructed exposure to El Camino Real. Because exterior noise levels are anticipated to exceed
60 dBA CNEL, interior noise levels are anticipated to exceed the state and city interior noise
standard of 45 dBA CNEL. The proposed project could also result in a significant impact
associated with on-site mechanical noise (HVAC equipment).
B. Facts in Support of Finding (1). The project’s potential impact associated with construction and
operation conflicts with noise standards would be mitigated to a level less than significant with the
implementation of Mitigation Measures NOI-1, NOI-2, and NOI-3.
C. Mitigation Measure
Mitigation Measure NOI-1
Prior to issuance of building permits for any residential buildings with usable outdoor patio or
balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights
ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior
Noise Standards (Figure 5.11-3 of the EIR) of the Noise Technical Report for the Marja Acres
Community Plan (Dudek 2018), shall be incorporated into the building/architectural plans to
mitigate noise impacts. The noise barriers may be constructed of a material such as tempered
glass, acrylic glass (or similar material), masonry material, or manufactured lumber (or a
combination of these), with a surface density of at least 3 pounds per square foot. The noise
barriers shall have no openings, gaps, or cracks, and shall be installed prior to issuance of a
certificate of occupancy.
Mitigation Measure NOI-2
Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring
Subsequent Interior Noise Analysis (Figure 5.11-4 of the EIR) of the Noise Technical Report for
the Marja Acres Community Plan (Dudek 2018), a site specific noise study will be required to
ensure that the outside noise levels are below 60 dBA CNEL and interior noise levels are below
45 dBA CNEL. Any additional measures identified by the acoustical analysis that are necessary to
achieve an interior standard of 45 dBA CNEL shall be incorporated into the building/architectural
plans. The buildings will require air conditioning and/or mechanical ventilation and possibly sound
rated windows to mitigate the interior noise impact.
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Mitigation Measure NOI-3
The project applicant shall retain an acoustical specialist to review project construction level plans
to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical
equipment incorporate measures, such as the specification of quieter equipment or provision of
acoustical enclosures, that will not exceed relevant noise standards at nearby noise sensitive land
uses (e.g., residential). Prior to issuance of building permits, the acoustical specialist shall certify
in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures
that will achieve the relevant noise limits.
2.8 Transportation/Circulation
2.8.1 Vehicle Miles Traveled
A. Significant Impact. The proposed project’s Vehicle Miles Traveled (VMT) per capita was
determined to be 20.70. The significance threshold of 85% of the City Average VMT per capita is
19.14; therefore, the proposed project would exceed the significance threshold by 7.54%.
B. Facts in Support of Finding (1). The project’s potential impact associated with VMT would be
mitigated to a level less than significant with the implementation of Mitigation Measures T-1
through T-3.
C. Mitigation Measures
Mitigation Measure T-1
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-3: Provide Ride Sharing Programs. To satisfy this
requirement, the project will provide a ride-sharing program, which will be available to all residents,
that promotes ride-sharing through a multi-faceted approach, including but not limited to:
• Provide a web site or message board for coordinating rides.
• Assist residents with matching commutes with ridesharing opportunities.
• Promote rideshare/carpool programs.
• Promote the use of any carpool platforms or applications utilized by the Citywide
Transportation Demand Management program, such as RideAmigos, or equivalent.
The project applicant will fund the first three years of this mitigation measure, which amounts to a
total of $62,640 ($20,880/year), prior to issuance of a certificate of occupancy for the first
market-rate unit, and the project's homeowners association will then assess new residents to fund
the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th
market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners' association, shall
oversee the ride sharing program and provide updates on the implementation and funding status
of this measure to the City of Carlsbad's Land Development Engineering Division consistent with
the provisions of Section 2.8 of the Carlsbad TDM Handbook.
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Mitigation Measure T-2
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit
Program. To satisfy this requirement, the project will provide subsidized/discounted monthly public
transit passes, which will be available to all residents.
The project applicant will fund the first three years of this mitigation measure, which amounts to a
total of $136,890 ($45,630/year), prior to issuance of a certificate of occupancy for the first
market-rate unit, and the project's homeowners association will then assess new residents to fund
the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th
market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners'
association, shall oversee the transit subsidy program and provide updates on the implementation
and funding status of this measure to the City of Carlsbad's Land Development Engineering
Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook.
Mitigation Measure T-3
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-7: Implement Commute Trip Reduction Marketing.
To satisfy this requirement, the project will promote and advertise transportation
options available to new and existing residents. Marketing strategies may include, but not be
limited to:
• Providing a website maintained by the HOA.
• Monthly email newsletter blasts.
• Promotional materials available in common areas.
• Information packets accompanying HOA documents for new residents.
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3 Effects Found Not to be Significant
The City finds, based on the substantial evidence appearing in Chapter 7.6 of the EIR, that the
following impacts on the following resources will not be significant: Mineral Resources and Recreation.
Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Section 5.1), Agriculture
and Forestry Resources (Section 5.2), Air Quality (Section 5.3), Greenhouse Gas Emissions/Climate
Change (Section 5.7), Population/Housing (Section 5.12), Public Services (Section 5.13), and Utilities
and Service Systems (Section 5.15) were found to be less than significant.
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4 Findings Regarding Feasible Alternatives
Pursuant to CEQA Guidelines §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 6.0 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) Existing General Plan
(No Density Bonus/Maximum General Plan Residential Density and Commercial Intensity) Alternative,
(3) Reduced Project (No Density Bonus/Growth Management Control Point [GMCP] General Plan
Density) Alternative, (4) Previously Proposed Plan Alternative, and (5) Alternative Project Location.
4.1 No Project/No Development Alternative
The CEQA Guidelines require analysis of the No Project Alternative. According to Section 15126.6(e),
“the specific alternative of ‘no project’ shall also be evaluated along with its impacts. The ‘no project’
analysis shall discuss the existing conditions at the time the NOP is published, at the time
environmental analysis is commenced, as well as what would be reasonably expected to occur in the
foreseeable future if the proposed project was not approved, based on current plans and consistent
with available infrastructure and community services.”
The No Project/No Development Alternative assumes that the project site would not be developed
with the proposed project, and the project site would remain in its current condition and current uses.
The site is currently developed and/or disturbed and includes one existing home with associated
structures and various commercial-related uses including smaller retail/commercial businesses, a
restaurant, liquor store, pottery sales, flower stand and commercial nursery.
This alternative would not meet any of the objectives of the proposed project.
Therefore, the No Project/No Development Alternative is not recommended for approval.
4.2 Existing General Plan (No Density Bonus/Maximum
General Plan Residential Density and Commercial
Intensity) Alternative
The Existing General Plan (No Density Bonus/Maximum General Plan Residential Density and
Commercial Intensity) Alternative assumes that the project site would be developed pursuant to the
existing residential and commercial land use designations, at the density and intensity of the existing
Carlsbad General Plan and underlying zoning designations of the project site. The project site consists
of two parcels totaling 20.65 gross acres. As shown in Table 6-2 of the EIR, the existing Carlsbad
General Plan land use designations of the project site are R-15 Residential (8-15 dwelling units/acre),
developed at 15 dwelling units/acre and GC General Commercial. The existing zoning designations
of the project site are RD-M and C-2.
Under the existing Carlsbad General Plan land use designation of the project site, 180 dwelling units
could be constructed at the site based on the maximum density of 15 dwelling units/acre on 12 net
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acres for the residential parcel, which would include 36 affordable units. No density bonus would be
applied. The 2015 Carlsbad General Plan update allocated an additional 100 dwelling units from the
EDUB over the 35 units assumed in the prior General Plan, so 45 dwelling units would need to be
withdrawn from the EDUB for this alternative. Additionally, this alternative considers the development
potential assumed under the Carlsbad General Plan of the 6.2 acres of commercial uses, which would
be approximately 45,000 net square feet of commercial uses with no mixed-use (residential) on the
commercial parcel. In summary, this alternative would allow a total of 180 dwelling units (which would
include 36 age-restricted affordable units), and 45,000 square foot of specialty retail.
Under this alternative, impacts would be similar as compared to the proposed project, although the
alternative would generate greater ADT, air emissions, and GHG emissions during operation as
compared to the proposed project. This alternative would not avoid or reduce any of the significant
project impacts. This alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Facilitate the establishment and operation of a community garden and vegetable stand to
serve residents as well as visitors to the proposed project’s commercial and gathering spaces.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Design a community that encourages social interaction by integrating land use types and
mobility within the community
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Existing General Plan (No Density Bonus/Maximum General Plan Residential Density
and Commercial Intensity) Alternative is not recommended for approval.
4.3 Reduced Project (No Density Bonus/Growth
Management Control Point General Plan Density)
Alternative
The Reduced Project (No Density Bonus/Growth Management Control Point [GMCP] General Plan
Density) assumes that the residentially designated portion of the project site would be developed at a
GMCP of 12 dwelling units per acre. The square footage and type of commercial uses would be
consistent with the currently proposed project.
Under this alternative, approximately 144 attached residential units (townhomes or condominiums)
would be developed, on the residential parcel, with approximately 29 units dedicated as affordable
units. This alternative would include approximately 25,000 square feet of commercial development on
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City of Carlsbad August 2020 | 4-3
the commercial parcel, consisting of 15,000 square feet of specialty retail and 10,000 square feet of
restaurant). No density bonus would be applied.
Under this alternative, impacts would be similar as compared to the proposed project, although it would
generate more ADT, air emissions, and GHG emissions. This alternative would not avoid or reduce
any of the significant project impacts. This alternative would not meet the following project objectives:
• Provide a quality residential community of attached single-family homes attainably priced for
young families and professionals.
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Reduced Project (No Density Bonus/Growth Management Control Point General Plan
Density) Alternative is not recommended for approval.
4.4 Previously Proposed Plan Alternative
Under this alternative, a total of 218 dwelling units plus 15 inclusionary accessory residential dwelling
units (ADU) for a total of 233 dwelling units, and up to 16,000 square feet of commercial would be
developed as follows:
• 32 Single-Family Residences
• 151 Townhomes
• 35 age-restricted, inclusionary multi-family units,
• 15 ADUs(to complete the on-site inclusionary housing requirements)
• 8,000 square feet retail uses
• 8,000 square feet restaurant
This alternative would reduce the acreage and boundary of the existing General Commercial land use
are from 6.26 acres to 0.97 acres, which in turn would increase the R-15 residential area from 14.39
acres to 19.86 acres.
• This alternative requires an allocation of 83 dwelling units from the city’s Excess Dwelling Unit
Bank and the following approvals:
• General Plan Land Use Element Amendment to increase R-15 Residential and decrease the
GC Commercial acreages
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• Zone Change to increase residential density-multiple (RD-M) and decrease General
Neighborhood Commercial (C-2) acreages;
• Specific Plan; and
• LCP Amendment
Under this alternative, impacts would be similar as compared to the proposed project, although this
alternative would generate more ADT, air emissions, and GHG emissions as compared to the
proposed project. This alternative would not avoid or reduce any of the significant project impacts.
This alternative would meet most of the basic objectives of the proposed project. However, this
alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Previously Proposed Plan Alternative is not recommended for approval.
4.5 Alternative Project Location
This alternative assumes development of the proposed project at an alternative location.
Section 15126.6(f)(2) of the CEQA Guidelines addresses alternative locations for a project. The key
question and first step in the analysis is whether any of the significant effects of the proposed project
would be avoided or substantially lessened by constructing the proposed project in another location.
Only locations that would avoid or substantially lessen any of the significant effects of the proposed
project need to be considered for inclusion in the EIR. Further, CEQA Guidelines Section 15126.6(f)(1)
states that among the factors that may be taken into account when addressing the feasibility of
alternative locations are whether the proposed project proponent can reasonably acquire, control or
otherwise have access to the alternative site (or the site is already owned by the proponent).
With respect to the proposed project, no significant, unmitigable impacts have been identified. Since
implementation of proposed mitigation will mitigate all significant environmental impacts to a less than
significant level. Additionally, the proposed project would be consistent with applicable plans, including
the Carlsbad General Plan and LCP.
Both the city, as the CEQA Lead Agency, and the Applicant have investigated the opportunity to
develop a similar project in the general project area. Criteria for a suitable alternative location include
a minimum site acreage of approximately 20 acres, accessibility, and availability of infrastructure.
The preliminary alternative site analysis determined that the site known as “Sunny Creek” would
generally meet the basic criteria in terms of site acreage, available access, and infrastructure. The
alternative location is not owned, or otherwise under the control of the applicant. The alternative site
location is shown on Figure 6-1 of the EIR. The site comprises approximately 17.6 gross acres, is
located adjacent to El Camino Real, and could access other utilities and infrastructure located within
the El Camino Real right of way. The site is currently vacant, with the exception of a 20-space
recreational vehicle (RV) storage located in the northeast corner of the site. There is currently no
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infrastructure on the site or readily available to serve the project site, including the extension of College
Boulevard. Implementation of this proposed project will require removal of the recreational vehicles
that are currently stored at this location and the asphalt associated with the RV storage facility.
Per the recently adopted Carlsbad General Plan, the 17.6 acre site is designated as follows:
• 9.6 acres of the site are designated R-15 residential at 12/du/ac, and
• 8 acres of the site are designated as L-Local Shopping Center, and
• 20 percent inclusionary affordable housing units.
Therefore, this site could theoretically be developed with 115 dwelling units at 12 du/ac and
approximately 100,000 square feet of local commercial use. However, for analysis purposes it is
assumed that the proposed project’s density bonus and mixed-use characteristics would be developed
at this location. The acreages of the alternative site differ from the project site, so this alternative yields
a different number of dwelling units. Based on gross acreage, the maximum number of dwelling units
including a 35 percent density bonus for the residential acreage is 195 units, and for the commercial
acreage (based on 25 percent of the acreage) is 81 units, for a total of 276 dwelling units. Of the 276
units, 41 would be developed as age-restricted inclusionary housing units and the remaining 235 units
would be townhomes. Per the Carlsbad General Plan land use designation, the alternative location
should include a local shopping center, which requires a minimum of 60,000 square feet of leasable
area (per Table 2-4 of the Carlsbad General Plan Land Use Element).
Under this alternative, impacts would be similar as compared to the proposed project, although it would
generate more ADT, air emissions, and GHG emissions. Under this alternative, impacts on biological
resources would be greater compared to the proposed project. This alternative would avoid the
potential impact associated with hazardous materials (ACMs and LBP) and paleontological resources.
This alternative would meet most of the basic objectives of the proposed project. However, this
alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Redevelop an infill site identified in the city’s Housing Element as underutilized with
much-needed housing and neighborhood commercial uses.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
Therefore, the Alternative Project Location Alternative is not recommended for approval.
Findings of Fact Marja Acres Project
4-6 | August 2020 City of Carlsbad
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Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-3 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Aesthetics/Grading No mitigation measures required. Agriculture and Forestry Resources No mitigation measures required. Air Quality No mitigation measures required. Biological Resources BIO-1 Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird breeding season for migratory birds and raptors (January 15 and 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 and raptors afforded protection under the MBTA and California FGC. The preconstruction survey shall be performed no more than 7 days prior to the commencement of grading and/or vegetation removal activities. If the qualified biologist determines no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. Should an active nest of any MBTA-covered species occur within or adjacent to the project impact area, a 100-foot buffer (300 feet for raptors) shall be established around the nest, and no construction shall occur within this area until a qualified biologist determines the nest is no longer active or the young have fledged. PC City of Carlsbad Planning Division Prior to construction If construction occurs during the general bird breeding season (January 15 and September 15), a qualified biologist shall conduct a preconstruction survey of potential nesting habitat no more than 7 days prior to the commencement of grading and/or vegetation removal activities to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California FGC. BIO-2 Habitat Management Plan In-Lieu Mitigation Fee. Prior to recordation of a final map or issuance of a grading permit, whichever occurs first, the project applicant shall pay habitat in-lieu mitigation fees according to the ratios and amounts established by the Habitat Management Plan for Natural Communities in the City of Carlsbad. PC City of Carlsbad Planning Division Prior to recordation of a final map or issuance of a grading permit The project applicant shall pay habitat in-lieu mitigation fees according to the ratios and amounts established by the Habitat Management Plan for Natural Communities in the City of Carlsbad. The following mitigation measure, in addition to Mitigation Measures WQ-1 and WQ-2 (described below under Hydrology/Water Quality) would reduce indirect impacts on biological resources. BIO-3 Construction Fencing. The applicant shall show the locations of temporary construction fencing with the first submittal of grading plans. Temporary construction fencing (with silt barriers) shall be installed at the limits of project impacts (including construction staging areas and access routes) adjacent to sensitive habitat to prevent sensitive habitat impacts and the spread of silt from the construction zone into adjacent habitats. Fencing may be required at the western end of the project to separate project impacts from the off-site sensitive habitat of Kelly Creek. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City of Carlsbad for approval at least 30 days prior to grading permit issuance, the final plans for project construction. These final PC City of Carlsbad Planning Division Prior to issuance of a grading permit At least 30 days prior to grading permit issuance, the project applicant shall submit final plans for project construction showing the locations of temporary construction fencing to the City of Carlsbad for review and approval. EXHIBIT B
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-4 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date plans shall include photographs that show the fenced limits of impact and areas to be impacted or avoided. 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 in such a manner 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 disturbed areas greater than 100 feet from Kelly Creek. Contractor equipment shall be checked for leaks prior to operation and repair, as necessary. “No-fueling zones” shall be designated on construction plans. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the city’s satisfaction. Any impacts that occur to environmentally sensitive areas beyond the approved fence shall be mitigated in accordance with ratios specified in the Carlsbad HMP or as otherwise determined by the City of Carlsbad in coordination with the USFWS, USACE, RWQCB, and/or CDFW. Temporary construction fencing shall be removed upon project completion. BIO-4 Regulatory Permitting and Compensatory Mitigation. Impacts on all or portions of the unnamed drainage ditch on the project site shall require the following agency notifications and permits prior to approval of the final map: The project applicant shall prepare and submit notification to the USACE for unavoidable impacts on non-wetland WOUS. Based on the USACE’s CWA Section 404 NWP program, project activities would be covered under NWP 29 – Residential Developments, contingent upon waiver of the 300 linear feet limit for this permit. The project applicant shall prepare and submit a CWA Section 401 Request for Water Quality Certification to the RWQCB for unavoidable impacts on non-wetland waters of the state. The project applicant shall prepare and submit a California FGC Section 1602 Notification of Lake or Streambed Alteration to the CDFW for unavoidable impacts on unvegetated jurisdictional streambed. If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of jurisdictional waters, which would include one or a combination of the following measures: The project applicant shall purchase preservation, establishment/ re-establishment, rehabilitation, and/or enhancement credits from a mitigation bank approved by the USACE, RWQCB, and/or CDFW; and/or, PC City of Carlsbad Planning Division Prior to approval of the final map Prior to the approval of the final map, the project applicant shall prepare and submit the following notifications and permits to regulatory agencies: CWA Section 404 to the USACE CWA Section 401 Request for Water Quality Certification to the RWQCB California FGC Section 1602 Notification of Lake or Streambed Alteration to the CDFW If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of jurisdictional waters.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-5 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date The project applicant shall implement permittee-responsible preservation, establishment, re-establishment, rehabilitation and/or enhancement at an on- or off-site location approved by the USACE, RWQCB, and/or CDFW, including preparation and implementation of a conceptual mitigation plan, habitat mitigation monitoring plan, restoration plan, and/or long-term management plan, unless otherwise specified by the USACE, RWQCB, and/or CDFW. A conservation easement, restrictive covenant, or other protection shall be recorded over the mitigation area, and the area shall be managed in perpetuity in accordance with the long-term management plan, unless otherwise specified by the USACE, RWQCB, and/or CDFW. BIO-5 Project Lighting. Prior to issuance of a grading permit or building permit, whichever is applicable for the particular lighting, the applicant shall submit an exterior lighting plan for City Planner approval. All exterior lighting adjacent to off-site habitat associated with Kelly Creek to the west shall be limited to low pressure sodium or alternative sources in the amber spectrum of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from habitat to the maximum extent practicable. PC City of Carlsbad Planning Division Prior to issuance of a grading permit or building permit Prior to issuance of a grading permit or building permit, as applicable, the project applicant shall submit an exterior lighting plan to the City of Carlsbad for review and approval. Cultural Resources CR-1 The following shall be implemented to minimize impacts on subsurface cultural resources: a) Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and 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 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 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 PC City of Carlsbad Planning Division Prior to construction Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and enter into a pre-excavation agreement with the San Luis Rey Band of Mission Indians or another TCA Tribe. A copy of the pre-excavation agreement will be provided to the City of Carlsbad Planning Division prior to the issuance of a grading permit.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-6 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date 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 archaeologistwill be collected and treated following the guidelines andregulations set forth under 36 CFR 79, federal regulations forcollection of cultural materials.e) The archaeologist and Luiseño Native American monitor shall bepresent at the project’s on-site preconstruction meeting to consultwith grading and excavation contractors concerning excavationschedules and safety issues, as well as consult with the principalarchaeologist concerning the proposed archaeologist techniquesand/or strategies for the project.f) Luiseño Native American monitors and archaeological monitorsshall have joint authority to temporarily divert and/or haltconstruction activities within the immediate vicinity of a find. Ifarchaeological artifact deposits, cultural features or tribal culturalresources are discovered during construction, all earth-movingactivity within 100 feet, or otherwise determined appropriate andnecessary by the archaeologist and Luiseño Native Americanmonitor, around the immediate discovery area must be diverteduntil the Luiseño Native American monitor and the archaeologistcan assess the nature and significance of the find.g) If a significant tribal cultural resource(s) and/or uniquearchaeological resource(s) are discovered duringground-disturbing activities for the project, the San Luis Rey Bandof Mission Indians and the Rincon Band of Luiseño Indians shallbe notified and consulted with by the city regarding thesignificance of the resources, and the respectful and dignifiedtreatment of those resources. All sacred sites, significant tribalcultural resources and/or unique archaeological resourcesencountered within the project area shall be avoided andpreserved as the preferred mitigation, if feasible. If however, adata recovery plan is authorized by the city as the Lead Agencyunder CEQA, the contracted TCA Tribe referenced in CR-1(a)shall be notified and consulted regarding the drafting andfinalization of any such recovery plan. For significant artifactdeposits or cultural features that are part of a data recovery plan,an adequate artifact sample to address research avenuespreviously identified for sites in the area will be collected usingprofessional archaeological collection methods. If the QualifiedArchaeologist collects such resources, the Luiseño NativeAmerican monitor must be present during any testing orcataloging of those resources. Moreover, if the QualifiedArchaeologist does not collect the cultural resources that areunearthed during the ground disturbing activities, the LuiseñoNative American monitor, may at their discretion, collect said
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-7 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date 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) With the written permission of the TCA Tribe referenced in CR-1(a), the developer, and with the approval of the City of Carlsbad, the archaeologist may make 3D scans of agreed-upon unique archaeological resource(s). The archaeologist shall make prints from the scans and shall submit the digital files and the associated prints for curation at the San Diego County Archaeological Society. The archaeologist shall also provide the digital files to the consulting tribes. The developer or designee shall bear the costs associated with the scanning, printing and curation of the digital files and prints. i) If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 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 PRC 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 Medical Examiner must contact the NAHC within 24 hours. The NAHC must then immediately notify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours of being granted access to the site and engage in consultation concerning treatment of remains as provided in PRC 5097.98. If the MLD does not make recommendations within 48 hours, the area of the property must continue to be secured from further disturbance. If no recommendation is given, the property owner or his or her authorized representative shall re-inter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance in accordance with California Public Resources Code Section 5097.98(e). j) 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 archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. k) No testing, invasive or noninvasive, shall be permitted on any recovered tribal cultural resources without the written permission of the contracted TCA Tribe referenced in CR-1(a). l) 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
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-8 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date American monitor’s notes and comments, to the City of Carlsbad for approval. Confidential portions of said report per state law shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. CR-2 Prior to the issuance of a grading permit, the project applicant shall enter into a contract with a qualified Principal Paleontologist to monitor the site, and provide a copy of the contact to the City of Carlsbad. The paleontologist shall be present at the project’s on-site preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules, safety issues and procedures, and shall monitor all grading that includes initial cutting into any area of the project site, as the project site sits on paleontologically-sensitive Santiago Formation deposit. If any paleontological resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is ascertained. PC City of Carlsbad Planning Division Prior to the issuance of a grading permit During construction activities Prior to the issuance of a grading permit, evidence of a contract between the project applicant and a qualified Principal Paleontologist to carry out the monitoring shall be provided to the Planning Division. During construction, a qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site. CR-3 Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context. CR-4 Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments, which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present or if the fossiliferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. CR-5 All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that all recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. CR-6 Specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage, such as the San Diego Natural History Museum. The paleontologist shall have a written repository agreement in hand prior to the issuance of a grading permit and initiation of mitigation activities. PC City of Carlsbad Planning Division During construction activities Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that specimens shall be identified and curated into an established, accredited, professional museum with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the issuance of a grading permit and initiation of mitigation activities.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-9 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date CR-7 Prior to the release of grading bonds, the paleontologist shall complete a report describing the methods and results of the paleontological monitoring and data recovery program, and file a copy of the report at the San Diego Natural History Museum. PC City of Carlsbad Planning and Land Development Engineering Divisions Prior to the release of grading bonds Post paleontological monitoring and prior to release of grading bonds, a qualified paleontologist shall complete a report describing the methods and results of the monitoring and data recovery program. The developer or paleontologist shall submit evidence to the Planning Division to verify that the report has been submitted to the San Diego Natural History Museum. CR-8 As summarized in section (i) of Mitigation Measure CR-1, if human remains or remains that are potentially human are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponent and its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5. a) The archaeologist in consultation with the Native American monitor(s) shall ensure reasonable measures are taken so that the discovery location will be protected and secured from further disturbance. b) The archaeological project manager shall notify the County Medical Examiner. c) If the remains are determined by the medical examiner to be of Native American ancestry, the medical examiner will notify the NAHC within 24 hours. d) The NAHC will designate and contact the MLD. e) The property owner will provide the MLD with access to the discovery location, which will have been protected from damage. f) The MLD will make a recommendation for treatment of the remains within 48 hours of being granted access to the property. The descendant’s preferences for treatment may include the following: i) The nondestructive removal and analysis of human remains and items associated with Native American human remains. ii) Preservation of Native American human remains and associated items in place. iii) Relinquishment of Native American human remains and associated items to the descendants for treatment. iv) Other culturally appropriate treatment. g) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the property owner following extended discussions and mediation by the NAHC, the property owner will reinter the remains ad burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment will be protected by at least one of the three following measures: i) Record the location with the NAHC or the SCIC. PC City of Carlsbad Planning Division During construction activities If human remains or remains that are potentially human are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponent and its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-10 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date ii) Utilize an open space or conservation zoning designation or easement. iii) Record a reinternment document with San Diego County. h) If multiple human remains are found, extended discussions will be held with the MLD. If agreement on the treatment of these remains is not reached, they will be reinterred in compliance with PRC 5097.98(e). Geology/Soils GEO-1 Prior to approval of final engineering and grading plans for the project, the city’s Land Development Engineering Division shall verify that all recommendations contained in the Update of the Geotechnical Update Evaluation for Marja Acres (GeoSoils 2018) have been incorporated into all final engineering and grading plans. The city’s soil engineer and engineering geologist shall review grading plans prior to finalization to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. The report identifies specific measures for mitigating geotechnical conditions on the project site and addresses grading, slope stability, foundations, concrete slabs-on-grade, and retaining walls. PD & PC City of Carlsbad Land Development Engineering Division Prior to approval of final engineering and grading plans The City Engineer or designee shall review grading plans prior to finalization to verify plan compliance with the recommendations of the report. Greenhouse Gas Emissions/Climate Change No mitigation measures are required. Hazards and Hazardous Materials HAZ-1 Hazardous Materials Assessment. Prior to the issuance of a demolition permit for the existing buildings, a Hazardous Materials Assessment (surveys) would be performed to determine the presence or absence of ACMs/LBP located in the buildings to be demolished. PC City of Carlsbad Planning Division Prior to the issuance of a demolition permit Prior to the issuance of a demolition permit for the existing buildings, a Hazardous Materials Assessment (surveys) shall be performed to determine the presence or absence of ACMs/LBP located in the buildings to be
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-11 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Suspect materials that would be disturbed by the demolition activities would be sampled and analyzed for asbestos content, or assumed to be asbestos containing. All lead containing materials and ACMs scheduled for demolition must comply with applicable regulations for demolition methods and dust suppression. Lead containing materials and ACMs shall be managed in accordance with applicable regulations. The ACM survey would be conducted by a person certified by the California Division of Occupational Safety and Health. The LBP survey would be conducted by a person certified by the California Department of Health Services. Copies of the surveys would be provided to the County of San Diego Department of Environmental Health and San Diego Air Pollution Control District once completed. demolished. The project applicant shall submit evidence to the Planning Division verifying that copies of the surveys have been submitted to the County of San Diego Department of Environmental Health and San Diego Air Pollution Control District once completed. Hydrology and Water Quality WQ-1 Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the city’s grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following: Silt fence, fiber rolls, or gravel bag berms Street sweeping and vacuuming Storm drain inlet protection Stabilized construction entrance/exit Hydroseed, soil binders, or straw mulch Containment of material delivery and storage areas Stockpile management Spill prevention and control Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil Concrete waste management PD & PC City of Carlsbad Land Development Engineering Division Prior to issuance of a grading permit for any phase of the development Prior to issuance of a grading permit for any phase of development, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the city’s Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The applicant shall be responsible for BMP erosion control measures on a weekly basis. WQ-2 Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements, whichever comes first, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that PD & PC City of Carlsbad Land Development Engineering Division Prior to issuance of a grading permit or other approvals for any public or private Prior to issuance of a grading permit or other approvals for any public or private right-of-way improvements, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-12 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date the proposed project has implemented an integrated LID approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs into the project design to the maximum extent practicable. right-of-way improvements pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Land Use Planning LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight, and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of building permits, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice. PD & PC City of Carlsbad Planning Division Prior to issuance of a building permit Prior to issuance of a building permit, the City of Carlsbad Planning Division shall verify through the recordation of a Notice and verify inclusion within the project CC&Rs that new residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP are notified as part of the real estate disclosure package that the project is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. Noise NOI-1 Prior to issuance of building permits for any residential buildings with usable outdoor patio or balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior Noise Standards Figure 5.11-3 of this EIR) of the Noise Technical Report for the Marja Acres Community Plan (Dudek 2018), shall be incorporated into the building/architectural plans to mitigate noise impacts. The noise barriers may be constructed of a material such as tempered glass, acrylic glass (or similar material), masonry material, or manufactured lumber (or a combination of these), with a surface density of at least 3 pounds per square foot. The noise barriers shall have no openings, gaps, or cracks, and shall be installed prior to issuance of a certificate of occupancy. PD&PC City of Carlsbad Planning Division and Building Division Prior to issuance of building permits Prior to issuance of a certificate of occupancy Prior to issuance of building permits for any residential buildings with usable outdoor patio or balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior Noise Standards of the Noise Technical Report for the Marja Acres Community Plan (Dudek 2018) shall be incorporated into the building/architectural plans to mitigate noise impacts. The noise barriers shall be installed prior to issuance of a certificate of occupancy. NOI-2 Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring Subsequent Interior Noise Analysis (Figure 5.11-4 of this EIR) of the Noise Technical Report for the Marja Acres Community Plan (Dudek 2018), a site specific noise study will be required to ensure that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. Any additional measures identified by the acoustical analysis that are necessary to achieve an interior standard of 45 dBA CNEL shall be incorporated into the building/architectural plans. The buildings will PD City of Carlsbad Planning Division and Building Division Prior to issuance of building permits Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring Subsequent Interior Noise Analysis of the Noise Technical Report for the Marja Acres Community Plan (Dudek 2018), a site specific noise study shall be completed by the project applicant and approved by the Building Division. Any additional measures identified by the acoustical analysis that are necessary to achieve an interior
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-13 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date require air-conditioning and/or mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact. standard of 45 dBA CNEL shall be incorporated into the building/architectural plans to mitigate noise impacts. NOI-3 The project applicant shall retain an acoustical specialist to review project construction-level plans to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical equipment incorporate measures, such as the specification of quieter equipment or provision of acoustical enclosures, that will not exceed relevant noise standards at nearby noise-sensitive land uses (e.g., residential). Prior to issuance of building permits, the acoustical specialist shall certify in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures that will achieve the relevant noise limits. PD City of Carlsbad Planning Division and Building Division Prior to issuance of building permits Prior to issuance of building permits, an acoustical specialist shall review project construction-level plans to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical equipment incorporate measures that will not exceed relevant noise standards at nearby noise-sensitive land uses. The acoustical specialist shall certify in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures that will achieve the relevant noise limits. Population/Housing No mitigation measures are required. Public Services No mitigation measures are required.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-14 | August 2020 City of Carlsbad Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date Transportation/Circulation T-1 Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-3: Provide Ride Sharing Programs. To satisfy this requirement, the project will provide a ride-sharing program, which will be available to all residents, that promotes ride-sharing through a multi-faceted approach, including but not limited to: Provide a web site or message board for coordinating rides. Assist residents with matching commutes with ridesharing opportunities. Promote rideshare/carpool programs. Promote the use of any carpool platforms or applications utilized by the Citywide Transportation Demand Management program, such as RideAmigos, or equivalent. The project applicant will fund the first three years of this mitigation measure, which amounts to a total of $62,640 ($20,880/year), prior to issuance of a certificate of occupancy for the first market-rate unit, and the project's homeowners association will then assess new residents to fund the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th market-rate unit. The project's Transportation Coordinator, appointed by the homeowners' association, shall oversee the ride sharing program and provide updates on the implementation and funding status of this measure to the City of Carlsbad's Land Development Engineering Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook. PD&OM City of Carlsbad Land Development Engineering Division Prior to issuance of a certificate of occupancy Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it has implemented measure CAPCOA TRT-3: Provide Ride Sharing Programs. T-2 Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit Program. To satisfy this requirement, the project will provide subsidized/discounted monthly public transit passes, which will be available to all residents. The project applicant will fund the first three years of this mitigation measure, which amounts to a total of $136,890 ($45,630/year), prior to issuance of a certificate of occupancy for the first market-rate unit, and the project's homeowners association will then assess new residents to fund the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th market-rate unit. The project's Transportation Coordinator, appointed by the homeowners' association, shall oversee the transit subsidy program and provide updates on the implementation and funding status of this measure to the City of Carlsbad's Land Development Engineering Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook. PD&OM City of Carlsbad Land Development Engineering Division Prior to issuance of a certificate of occupancy Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit Program.
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-15 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date T-3 Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-7: Implement Commute Trip Reduction Marketing. To satisfy this requirement, the project will promote and advertise transportation options available to new and existing residents. Marketing strategies may include, but not be limited to: Providing a website maintained by the HOA. Monthly email newsletter blasts. Promotional materials available in common areas. Information packets accompanying HOA documents for new residents. PD&OM City of Carlsbad Land Development Engineering Division Prior to issuance of a certificate of occupancy Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division of how it is implementing measure CAPCOA TRT-7: Implement Commute Trip Reduction Marketing. Utilities and Services Systems No mitigation measures are required.
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