HomeMy WebLinkAbout2007-11-13; City Council; 19207 Part 1; Part 1 - Ponto Beachfront Village Vision Plan EIR 05-05 GPA 05-04 LCPA 05-01 DI 05-01CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
19,207
10/23/07
PLN
PONTO BEACHFRONT VILLAGE
VISION PLAN
EIR 05-05/GPA 05-04/LCPA 05-017
Dl 05-01
DEPT. HEAD W)V
CITY ATTY. ///
CITY MGR. '^{^^
RECOMMENDED ACTION:
That the City Council ADOPT City Council Resolution No. 2007-280 CERTIFYING EIR 05-05
and APPROVING the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation
Monitoring and Reporting Program, GPA 05-04, LCPA 05-01 and Dl 05-01.
ITEM EXPLANATION:
Project Applications
EIR 05-05
GPA 05-04
LCPA 05-01
Dl 05-01
Administrative
Approvals
Reviewed by and
Final at Planning
Commission
To be reviewed -
Final at Council
X
X
X
X
The Ponto area is located in the most southwesterly portion of the city near the city's southern
entrance along Carlsbad Boulevard. It presently contains older homes and businesses most of which
were developed in the county before the city incorporated. Recognizing its potential for
redevelopment and its prime coastal location across from the state campgrounds and near new
single-family neighborhoods, the city decided to create a "vision plan" for the area to direct future
development in the Ponto area. With input from the property owners, nearby residents, and other
interested persons, the Ponto Beachfront Village Vision Plan was prepared. The Plan covers a larger
study area consisting of approximately 130 acres. However, the area considered viable for future
development or redevelopment is approximately 50 acres. The 50 acres (refer to location map)
consist of the older Ponto area which is also included in the South Carlsbad Coastal Redevelopment
area, one small, vacant parcel located within the boundaries of the Poinsettia Properties Specific Plan
and several vacant properties located in the previously approved Poinsettia Shores Master Plan.
The intent of the Ponto Beachfront Vision Plan is to create a mixed use, active pedestrian and bicycle
oriented area with a strong sense of place, village atmosphere and unique character of design.
Because of its prime location at the southern gateway to the city and across from the beach and
campgrounds, it could become a vibrant part of the city providing amenities for city residents as well
as visitors. A copy of the Vision Plan was distributed to each of the City Council members for review
prior to the October 23, 2007 public hearing.
In addition to background information (including the public input process) the Plan contains a Vision
Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design
guidelines to direct future development in the area. In order for future development proposals to be
DEPARTMENT CONTACT: Christer Westman 760-602-4614 cwest@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED *
n
a
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF Cl
OTHER - SEE MINUTES X10/23/07 Adjourned to 11/13/07
Council directed the City Attorney to return with
documents approving the plan.
Page 2
guided by the Plan and in order to allow the city to review future proposals for compliance with the
Plan, it is necessary to amend the Land Use Element of the City's General Plan and to amend the
Local Coastal Program Land Use Plan (Mello II and West Batiquitos Lagoon/Sammis Properties
segments) by incorporating references to the Ponto Beachfront Village Vision Plan. The project does
not include amendment(s) to the Zoning Ordinance. Future individual development projects
implementing the Ponto Beachfront Village Vision Plan may include a General Plan Amendment and
Zone Change.
The Ponto Beachfront Village Vision Plan was reviewed by the Planning Commission on May 4, 2005,
September 5, and September 19, 2007. Significant public input was given before the Planning
Commission regarding the plan and the EIR. A recommendation was made (7-0-0) to the City Council
to approve the plan with the following amendments:
• That Carlsbad Boulevard Re-alignment Alternative 2 is the preferred alternative.
• Parking garages shall be underground unless technically and financially infeasible.
• Strongly encourage the use of "green" building techniques to reduce greenhouse emissions.
• Require trails within the Ponto Beachfront Village to be connected to the Citywide trails
system.
• Strongly encourage the State to allow trail connections through the Carlsbad State Beach
Campground to the beach.
• Require parks on public property to be reviewed by the Parks and Recreation Commission,
Planning Commission, and/or City Council as appropriate.
• A hotel on the Resort Hotel site shall include an ocean view restaurant.
• Revise the Character Areas configuration to reflect the Increased Recreational
Amenities/Green Space Alternative (Figure 6.6) in the EIR.
And to certify the Environmental Impact Report (EIR) with the following amendments:
• Add a mitigation measure requiring a 75-foot building setback from the southern bluff edge on
the Resort Hotel planning area.
• Revise the description of Increased Recreational Amenities/Green Space Alternative (Figure
6.6) to reference a 75-foot wide setback area;
• Revise mitigation measure N-3b as stated in Planning Commission Resolution No. 6338.
A full discussion of the Ponto Beachfront Village Vision Plan and disclosure of the public hearing
proceedings is attached as the Planning Commission Staff Report and minutes from the September 5
and 19, 2007 public hearings.
FISCAL IMPACT:
Adoption of the Ponto Beachfront Village Vision Plan will not directly incur any costs to be borne by
the City or by private property owners since the Plan does not include action on any specific
development proposal.
ENVIRONMENTAL IMPACT:
The primary purpose of CEQA is to fully inform the decision makers and the public of the
environmental effects of a proposed project and to include feasible mitigation measures and
alternatives to reduce any such adverse effects below a level of significance. CEQA also recognizes
and authorizes the approval of projects where not all adverse impacts can be fully lessened or
avoided. The project will result in unavoidable significant impacts to cumulative Air Quality and from
Short-Term Construction Noise impacts. A comprehensive description of the environmental impacts,
the CEQA Findings of Fact, and Statement of Overriding Considerations are in the attached Planning
Commission Staff Report, Resolution for the Program EIR, and Planning Commission minutes.
PageS
EXHIBITS:
1. City Council Resolution No. 2007-280
2. Location Map
3. Planning Commission Resolutions No. 6338, 6339, 6340, and 6341
4. Planning Commission Staff Reports, dated September 5 and 19, 2007
5. Excerpts of Planning Commission Minutes, dated September 5 and 19, 2007.
1 RESOLUTION NO. 2007-280
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING PROGRAM
3 ENVIRONMENTAL IMPACT REPORT, EIR 05-0
4 APPROVING THE CANDIDATE FINDINGS OF FACT/
STATEMENT OF OVERRIDING CONSIDERATIONSyAND
5 A MITIGATION MONITORING AND REPORTING
PROGRAM AND APPROVING GENERAL/ PLAN
6 AMENDMENT GPA 05-04, LOCAL COASTAL>ROGRAM
AMENDMENT LCPA 05-01, AND DISCUSS10N ITEM Dl
7 05-01 FOR THE PONTO BEACHFRONT VILLAGE VISION
PLAN FOR THE AREA GENERALLY LOG/TED BETWEEN
8 CARLSBAD BOULEVARD AND SAN D/EGO NORTHERN
RAILROAD, NORTH OF BATIQUIT^S LAGOON AND
SOUTH OF PONTO ROAD.
10 CASE NAME: PO^£IQJBEACHF#bNT VILLAGE VISION
pu\r
11 CASE NO.: EIR 05\5/GRft/te-04/LCPA 05-01/DI 05-01
12 WHEREAS, pursuant to^me provisions of the Municipal Code, the
13 Planning Commission dighor^Jepteryroer 5th and 19th, 2007, hold a duly noticed public
hearing as prescribed b^law t|>/6nsider certification of Environmental Impact Report
(EIR 05-05), J3ene\l Plai^Amendment (GPA 05-04), Local Coastal Program
16
Amendment (LCPAX|£-u\[)^md Discussion Item (Dl 05-01); and
17
WHEREAS, the City Council of the City of Carlsbad, on the day
1 o
of £ 2007, held a duly noticed public hearing to consider said
20 Environmental Jimpact Report, General Plan Amendment, Local Coastal Program
21 Amendment/and Discussion Item and at that time received recommendations,
22 objections? protests, comments of all persons interested in or opposed to EIR 05-05,
23 GPA 0/04, LCPA 05-01, and Dl 05-01.
24 / NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
25
City of Carlsbad as follows:
26
1. That the above recitations are true and correct.
27
/ 2. That the recommendation of the Planning Commission for the
f CERTIFICATION of EIR 05-05 and ADOPTION of the Candidate Findings of Fact, a j|
1 Statement of Overriding Considerations, and Mitigation Monitoring and Reporting
Program and APPROVAL of GPA 05-04, LCPA 05-01 and Dl 05-01 is APPROVED by
2 the City Council and that the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution No. 6338, 6339, 6340, and 6341 on file with
the City Clerk and made a part hereof by reference are the findings and conditions of
4 the City Council.
5 3. This action shall not become final until the Local Coastal Program
Amendment (LCPA 05-01) is approved by the California Coastal Commission and the
6 California Coastal Commission's approval becomes effective. The Provisions of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
7 apply:
8 "NOTICE TO APPLICANT"
9
The time within which judicial review of this decision must be
10 sought is governed by Code of Civil Procedure, Section 1094.6,
which has been made applicable in the City of Carlsbad by
11 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper
seeking review must be filed in the appropriate court not later than
12 the nineteenth day following the date on which this decision
becomes final; however, if within ten days after the decision
13 becomes final a request for the record of the deposit in an amount
sufficient to cover the estimated cost or preparation of such record,
the time within which such petition may be filed in court is extended
15 to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his
16 attorney of record, if he has one. A written request for the
preparation of the record of the proceedings shall be filed with the
17 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
CA. 92008."18
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the
2 City of Carlsbad on the day of , 2007, by the
•3 following vote, to wit:
4 AYES:
5 NOES:
6
ABSENT:
7"
8
9
10 CLAUDE A. LEWIS, Mayor
11 "
12 ATTEST:
13
14 LORRAINE M. WOOD, City Clerk
(SEAL)
16"
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28 -3-
EXHIBIT 2
sire
PONTO BEACHFRONT VILLAGE
VISION PLAN
EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01
7
EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6338
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL
4 IMPACT REPORT, EIR 05-05, FOR THE PONTO
BEACHFRONT VILLAGE VISION PLAN, AND
RECOMMENDING ADOPTION OF THE CANDIDATE
6 FINDINGS OF FACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND A MITIGATION MONITORING
7 AND REPORTING PROGRAM FOR THE AREA GENERALLY
LOCATED BETWEEN CARLSBAD BOULEVARD AND SAN
8 DIEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS
o LAGOON AND SOUTH OF PONTO ROAD.
CASE NAME: PONTO BEACHFRONT VILLAGE VISION
10 PLAN
CASE NO.: EIR 05-05
11
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
13 with the City of Carlsbad regarding property described as
14 the areas known as the Ponto Beachfront Village Area
generally located between Carlsbad Boulevard and the San
*5 Diego Northern Railroad, north of Batiquitos Lagoon and
I g south of Ponto Road
17 ("the Property"); and
18
WHEREAS, a Program Environmental Impact Report (EIR 05-05) was
2Q prepared in conjunction with the Ponto Beachfront Village Vision Plan; and
21 WHEREAS, the Planning Commission did again on the 5th and 19th days of
22 September, 2007, hold a duly noticed public hearing as prescribed by law to consider said
23 request after preparation of an EIR for the project; and
24 WHEREAS, after hearing the staff presentation for the Ponto Beachfront Village
25
Vision Plan and public testimony on the project, the Planning Commission did hold a duly26
27 noticed public hearing on the project; and
28 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the Program EIR, Candidate Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing
2
the information submitted by staff, and considering any written comments received, the Planning
3
Commission considered all factors relating to the Program EIR.
4
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission as follows:
7 A) That the foregoing recitations are true and correct.
o
B) That the Final Program Environmental Impact Report consists of the Final
Program Environmental Impact Report, EIR 05-05, dated August 2007,
appendices, written comments and responses to comments, as amended to
10 include the comments and documents of those testifying at the public hearing and
responses thereto 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 Department incorporated by this reference, and collectively
referred to as the "Report."
13 C) That the Program Environmental Impact Report, EIR 05-05, as so amended and
14 evaluated is recommended for acceptance and certification as the final Program
Environmental Impact Report and that the final Program Environmental Impact
Report as recommended is adequate and provides reasonable information on the
, x- project and all reasonable and feasible alternatives thereto, including no project.
17 D) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Program
18 Environmental Impact Report, EIR 05-05; RECOMMENDS ADOPTION of
the Candidate Findings of Fact ("CEQA Findings"), and the Statement of
Overriding Considerations ("Statement"), attached hereto marked as Exhibit
20 "EIR-A" and incorporated by this reference; and of the Mitigation
Monitoring and Reporting Program ("Program"), attached hereto marked
21 as Exhibit "EIR-B" and incorporated by this reference; based on the
following findings and subject to the following conditions.
22
Findings;
24 1. The Planning Commission of the City of Carlsbad does hereby find that the Final
Program EIR 05-05, the Candidate Findings of Fact, the Mitigation Monitoring and
25 Reporting Program, and the Statement of Overriding Considerations 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.
27 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
28 considered Final Program EIR 05-05, the environmental impacts therein identified for
this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the
Statement of Overriding Considerations attached hereto as Exhibit "EIR-A," and the
PC RESO NO. 6338 -2-
Mitigation Monitoring and Reporting Program ("Program") attached hereto as Exhibit
2 "EIR-B," prior to RECOMMENDING APPROVAL of this project.
3 3. The Planning Commission finds that Final Program EIR 05-05 reflects the
independent judgment of the City of Carlsbad Planning Commission.
4
<- 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
6 (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public
Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project
7 alternatives.
o
5. The Planning Commission hereby finds that the Program (Exhibit "EIR-B") is
designed to ensure that during project implementation, the Developer and any other
responsible parties implement the project components and comply with the feasible
10 mitigation measures identified in the CEQA Findings and the Program.
6. Although certain significant or potentially significant environmental effects caused by the
project will remain, even after the adoption of all feasible mitigation measures and any
feasible alternatives, there are specific economic, social and other considerations that
13 render the unavoidable significant adverse environmental effects acceptable, as set forth
in the Statement.
14
7. The Record of Proceedings for this project consists of The Report, CEQA Findings,
Statement 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
17 determined by the City Clerk; all documents submitted by members of the public
and public agencies in connection with the Program 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, South Carlsbad Coastal Redevelopment
20 Plan, Poinsettia Shores Master Plan, Poinsettia Properties Specific Plan, and Local
Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in
21 the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director
of Planning.
22
Conditions:
24 1. All future developers shall implement the mitigation measures described in Exhibit
"EIR-B," the Mitigation Monitoring and Reporting Program, for the mitigation
25 measures and monitoring programs applicable to development of the Ponto
Beachfront Village Vision Plan.
26 *
27 2. Exhibit "A" shall be amended to include the following under the heading of (2)
Biological Resources Direct Impacts and Exhibit "B" shall be amended to include
28 Mitigation Measure B-7a:
Jurisdictional A reas
PC RESO NO. 6338 -3-
Impact B-7: With implementation of the project, Impact B-7 would result in significant
2 secondary impacts to the native plant and animal communities of the north shore of the
Batiquitos Lagoon adjacent to the project site including light overspill and predatory bird
3 perching.
Mitigation Measure B-7a: The mitigation measure specified in the FEIR has been imposed
upon the project as a condition of approval, requiring that a minimum seventy-five (75)
foot structural setback shall be provided from the top of the southerly bluff edge and the
setback shall be restricted to passive public park uses only.
7 3. Mitigation Measure N3-b under the heading of (5) Noise Onsite Vehicular Noise in
Exhibit "A"; and Mitigation Measure N3-b in Exhibit "B" shall be amended to read
as follows:
9 Through site plan review and to the satisfaction of the final decision makers, the location of
10 driveways, service areas and building entrances associated with hotel uses in the Tourist
Commercial zone, to the greatest extent feasible, shall be located and physically buffered
with a combination of setbacks, landscaping, berms, and or walls to minimize mobile and
stationary noise impacts on residential uses.
13 4. Exhibit "A" shall be amended to include the following under the heading of (2)
Biological Resources Direct Impacts and Exhibit "B" shall be amended to include
14 Mitigation MeasureBl-h:
Mitigation Measure Bl-h: The mitigation measure specified in the FEIR has been
imposed upon the project as a condition of approval requiring that, to the greatest extent
feasible, all offsite mitigation shall be located adjacent to the Batiquitos Lagoon as a
17 primary effort and within the City limits of Carlsbad as a secondary effort.
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PCRESONO. 6338 -4-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 19th day of September, 2007, by
3
the following vote, to wit:
4
- AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
6
NOES:
7
ABSENT:8
ABSTAIN:9
10
11
12
16
JULIE BAKER, Chairperson
13 CARLSDAD-BLANNING COMMISSION
14 „ATTEST:
15
xSte/i / \&(A
17 DONNEU
Planning Director
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PC RESO NO. 6338 -5- W
EXHIBIT "EIR-A"
PONTO BEACHFRONT VILLAGE VISION PLAN
EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01
SCH No. 2007031141
CEQA FINDINGS REGARDING SIGNIFICANT EFFECTS
August 2007
Pursuant to Section 15091 of the State CEQA Guidelines, the City of Carlsbad finds that,
for each of the significant effects identified in the FEIR, changes or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen
("mitigate") each of the significant environmental effects as identified in the Final
Environmental Impact Report (FEIR). The Impacts and Mitigation Measures are stated
fully in the FEIR. The following are brief explanations of the rationale for this finding for
each impact:
(1) Air Quality
Impact AQ-2: With implementation of the project, Impact AQ-2 may result in
significant impacts on air quality from the generation of fugitive dust as a result of
trucks hauling material on- and offsite.
Mitigation Measure AQ-2: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to air quality associated with fugitive dust resulting from
trucks hauling material on- and offsite. To reduce potential impacts from project-
generated fugitive dust, as a result of trucks hauling material on- and offsite, all
trucks hauling excavated or graded material shall comply with State Vehicle Code
Section 23114, with special attention to Sections 23114(b)(F), (e)(2) and (e)(4), as
amended, regarding the prevention of such material spilling onto public streets.
Implementation of Mitigation Measure AQ-2 would reduce potential significant
impacts on air quality from the generation of fugitive dust as a result of trucks
hauling material on- and offsite because prevention methods would reduce the
amount of fugitive dust emissions generated. Implementation of fugitive dust
control techniques included in Mitigation Measure AQ-2 will reduce Impact AQ-
2 to less than significant.
Asbestos
Impact AQ-4: With implementation of the project, Impact AQ-4 may result in
significant impacts on air quality from the potential exposure of asbestos to
sensitive receptors during demolition activities.
Mitigation Measure AQ-4: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring the project
proponent to mitigate for potential air quality impacts associated with the
potential exposure of asbestos to sensitive receptors during demolition activities.
To reduce potential impacts resulting from the exposure of asbestos during
demolition activities the construction contractor shall adhere to SDAPCD District
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 2
Rule 361.150 (Standards for Waste Disposal for Manufacturing, Fabricating,
Demolition, Renovation, and Spraying Operations) to regulate asbestos emissions
as a result of demolition activities.
Implementation of Mitigation Measure AQ-4 would reduce potential significant
impacts on air quality associated with the potential exposure of asbestos to
sensitive receptors because the regulation has been a proven method to reduce the
potential for the exposure of asbestos. Implementation of Mitigation Measure
AQ-4 will reduce Impact AQ-4 to less than significant.
Reactive Organic Gas and Volatile Organic Compound Emissions
Impact AQ-5: With implementation of the project, Impact AQ-5 may
significantly impact sensitive receptors from the potential exposure of pollutant
concentrations of reactive organic gas and volatile organic compound emissions
as a result of future improvement activities.
Mitigation Measure AQ-5: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
the potential exposure of sensitive receptors to pollutant concentrations of reactive
organic gas and volatile organic compound emissions, resulting from future
improvement activities. To reduce potential impacts resulting from the exposure
of sensitive receptors to pollutant concentrations, the construction contractor shall
adhere to SDAPCD District Rule 67.0 (Architectural Coatings) to limit volatile
organic compounds from architectural coatings. This rule specifies storage, clean
up, and labeling requirements for architectural coatings.
Implementation of Mitigation Measure AQ-5 would reduce significant impacts
associated with the potential exposure of sensitive receptors to pollutant
concentrations of reactive organic gas and volatile organic compound emissions
because the regulation has been a proven method to reduce the potential for the
exposure of pollutant concentrations. Implementation of Mitigation Measure AQ-
5 will reduce Impact AQ-5 to less than significant.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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. Potential impacts on air quality will be reduced to less than significant as a
result of implementation of Mitigation Measures AQ-2, AQ-4 and AQ-5.
(2) Biological Resources
Direct Impacts
Sensitive Vegetation Communities
Impact B-l: With implementation of the project, Impact B-l would result in
significant impacts to 47.6 acres of sensitive vegetation communities including:
0.04 acre of southern willow scrub, 0.1 acre of disturbed southern coastal bluff
scrub, 1.2 acres of Diegan coastal sage scrub (including disturbed), 0.3 acre of
eucalyptus woodland, and 21.1 acres of disturbed habitat.
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 3
Mitigation Measure B-la: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to southern willow scrub. To reduce potential impacts to
southern willow scrub, impacts to 0.04 acre of southern willow scrub shall be
mitigated at a 3:1 ratio either through offsite creation at a 1:1 ratio and
enhancement at a 2:1 ratio, or offsite acquisition at a 3:1 ratio of 0.12 acre of
southern willow scrub credit at a wetland mitigation bank. If credits are not
purchased, a Restoration Plan for habitat creation and enhancement shall be
submitted to the USFWS, CDFG, and City for approval prior to issuance of any
grading or construction permits, and prior to approval of a final map.
Mitigation Measure B-lb: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to southern coastal bluff. To reduce potential impacts to
southern coastal bluff, impacts to 0.1 acre of southern coastal bluff scrub
(including disturbed) shall be mitigated at a 3:1 ratio either through offsite
creation at a 1:1 ratio and enhancement at a 2:1 ratio, or offsite acquisition at a 3:1
ratio of 0.12 acre of southern coastal bluff scrub at an approved mitigation bank.
If credits are not purchased, a Restoration Plan for habitat creation and
enhancement shall be submitted to the USFWS, CDFG, and City for approval
prior to issuance of any grading or construction permits, and prior to approval of a
final map.
Mitigation Measure B-lc: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to Diegan coastal sage scrub. To reduce potential impacts to
Diegan coastal sage scrub, impacts to 1.2 acres of unoccupied Diegan coastal sage
scrub (including disturbed) shall be mitigated at a 2:1 ratio through creation at a
minimum 1:1 ratio (to meet the no net loss policy of Diegan coastal sage scrub
within the coastal zone), and either creation or offsite acquisition at a 1:1 ratio. If
credits are not purchased, a Restoration Plan for habitat creation and enhancement
shall be submitted to the USFWS, CDFG, and City for approval prior to issuance
of any grading or construction permits and prior to approval of a final map.
Mitigation Measure B-ld: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts eucalyptus woodland. To reduce impacts, impacts to 0.3 acre
of eucalyptus woodland shall be mitigated with payment of a fee into the City's
Habitat In Lieu Mitigation Fee fund, consistent with the City's fee schedule at the
time of permit issuance. The City has adopted an In Lieu Mitigation Fee,
consistent with Section E.6 of the Habitat Management Plan and City Council
Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. All development projects within the Ponto Area
shall be required to pay the fee in order to be found consistent with the Habitat
Management Plan and the Open Space and Conservation Element of the General
Plan. The fee shall be paid prior to recordation of a final map or issuance of a
grading permit or building permit, whichever occurs first.
5
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 4
Mitigation Measure B-le: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to disturbed habitat. To reduce impacts, impacts to 21.1 acres
of disturbed habitat shall be mitigated with payment into the City's Habitat In
Lieu Mitigation Fee fund, consistent with the City's fee schedule at the time of
permit issuance. The City has adopted an In Lieu Mitigation Fee, consistent with
Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and
animal species. All development projects within the Ponto Area shall be required
to pay the fee in order to be found consistent with the Habitat Management Plan
and the Open Space and Conservation Element of the General Plan. The fee shall
be paid prior to recordation of a final map or issuance of a grading permit or
building permit, whichever occurs first.
Mitigation Measure B-lf: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to impacts to southern willow scrub, southern coastal bluff
scrub, and/or Diegan coastal sage scrub. -If restoration for impacts to southern
willow scrub, southern coastal bluff scrub, and/or Diegan coastal sage scrub
occurs, the project applicant shall execute and record a biological conservation
easement over habitat to be preserved in perpetuity for project-related mitigation.
The easement shall be in favor of an agent approved by the USFWS and CDFG.
Either the USFWS or CDFG shall be named as third party beneficiary. Further,
the project applicant shall prepare and implement a perpetual management,
maintenance, and monitoring plan for all biological conservation easements. The
project applicant shall also provide a non-wasting endowment for an amount
approved by the USFWS and CDFG (based on a cost estimation method) to
secure the ongoing funding for the perpetual management, maintenance, and
monitoring of biological conservation easement areas.
Mitigation Measure B-lg: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to impacts to southern willow scrub, southern coastal bluff
scrub, and/or Diegan coastal sage scrub. Project-specific development shall be
required to comply with the provisions of Section 7-11 (Buffers and Fuel
Management) and Section 7-12 (Grading and Landscaping Requirements) of the
City's HMP.
Implementation of Mitigation Measures B-la through B-lg would reduce impacts
associated with significant impacts to sensitive vegetation communities,
specifically southern willow scrub, southern coastal bluff scrub (including
disturbed), Diegan coastal sage scrub (including disturbed), eucalyptus woodland,
and disturbed habitat, because these requirements would ensure that a greater
value of habitat will be preserved than that which is impacted. Through the
purchase of credits in an approved mitigation bank or through preparation of a
Restoration Plan, implementation of these measures would assist in the creation of
large blocks of habitat that will enhance the long-term viability of the vegetation
\(o
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 5
communities impacted by the project. Furthermore, implementation of Mitigation
Measures B-la through B-lg would reduce potential impacts to sensitive
vegetation communities by requiring compensatory mitigation to be established,
before the impacts would take place. Implementation of Mitigation Measures B-
1 a through B-lg will reduce Impact B-l to less than significant.
Jurisdictional Areas
Impact B-2: With implementation of the project, Impact B-2 would result in
significant impacts to 0.15 acre of Corps Jurisdictional areas, including 0.04 acre
of southern willow scrub and 0.11 acre of non-wetland Waters of the U.S; and
0.21 acre of CDFG Jurisdictional areas, including 0.04 acre of southern willow
scrub and 0.17 acre of streambed.
Mitigation Measure B-2a: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to Corps Jurisdictional areas and non-wetland Waters of the
U.S. Impacts to 0.04 acre of Corps Jurisdictional wetlands and 0.11 acre of non-
wetland Waters of the U.S. shall be mitigated by the creation and/or enhancement
of 0.23 acre of Jurisdictional areas offsite at 3:1 and 1:1 ratio, respectively, as
determined by the resource agencies.
Mitigation Measure B-2b: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring the project
proponent to mitigate for significant impacts to CDFG Jurisdictional areas.
Impacts to 0.04 acre of CDFG Jurisdictional wetlands and 0.17 acre of CDFG
Jurisdictional streambed shall be mitigated by the creation and/or enhancement of
0.29 acre of Jurisdictional areas offsite at 3:1 and 1:1 ratio, respectively, as
determined by the resource agencies.
Implementation of Mitigation Measures B-2a and B-2b would reduce potential
significant impacts to Jurisdictional areas, specifically, Corps Jurisdictional areas,
non-wetland Waters of the U.S, and CDFG Jurisdictional areas because these
requirements would ensure that an equal or greater value of Jurisdictional areas
will be preserved than that impacted by the project. Implementation of Mitigation
Measures B-2a and B-2b will reduce Impact B-2 to less than significant.
Construction Noise
Impact B-3: With implementation of the project, Impact B-3 would result in
significant impacts on local wildlife from noise associated with development of
the Ponto Area from such sources as grubbing, grading, and vehicular traffic.
Construction-related noise impacts would be considered significant if sensitive
species (such as coastal California gnatcatcher, least tern, or raptors) were
displaced from their nests and failed to breed. Birds nesting within any area
impacted by noise exceeding 60 dB Leq may be significantly impacted. Any
construction activity within 500 feet of an active coastal California gnatcatcher,
California least tern, or raptor nest would be considered significant.
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 6
Mitigation Measure B-3a: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to coastal California gnatcatchers from construction noise
associated with development of the Ponto Area. To reduce impacts from
construction noise, no grubbing, grading, or clearing within 500 feet of occupied
Diegan coastal sage scrub during the coastal California gnatcatcher breeding
season (March 1 through August 15) shall occur. As such, all grading permits,
improvement plans, and the final map shall state the same. If grubbing, grading,
or clearing is proposed during the coastal California gnatcatcher breeding season,
a pre-construction survey shall be conducted to determine if this species occurs
within the areas impacted by noise (either within 500 feet or where noise is
greater than 60 dB Leq or the ambient noise level). If there are no coastal
California gnatcatchers nesting (includes nest building or other breeding/nesting
behavior) within this impact area, development shall be allowed to proceed.
However, if coastal California gnatcatchers are observed nesting or displaying
breeding/nesting behavior within the area, construction shall (1) be postponed
until all nesting (or breeding/nesting behavior) has ceased or until after August
15; or (2) a temporary noise barrier or berrh shall be constructed at the edge of the
development footprint to ensure that noise levels are reduced to below 60 dB Leq.
Alternatively, the use of construction equipment could be scheduled to keep noise
levels below 60 dB Leq, or the ambient noise level, in lieu of or in concert with a
wall or other noise barrier.
Mitigation Measure B-3b: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to the California least tern from construction noise associated
with development of the Ponto Area. To reduce impacts from construction noise,
no grubbing, grading, or clearing within 500 feet of the Least Tern Preserve
during the least tern breeding season (April through September) shall occur. As
such, all grading permits, improvement plans, and the final map shall state the
same. If grubbing, grading, or clearing is proposed during the Least Tern breeding
season, a noise study shall be conducted to determine if construction noise would
be greater than 60 dB Leq or the ambient noise level within the Least Tern
Preserve. If the noise level within this impact area exceeds 60 dB Leq or the
ambient noise level within the Least Tern Preserve, construction shall (1) be
postponed until all nesting (or breeding/nesting behavior) has ceased or until after
September 30; or (2) a temporary noise barrier or berm shall be constructed at the
edge of the development footprint to ensure that noise levels are reduced to below
60 dB Leq, or the ambient noise level. Alternatively, the use of construction
equipment could be scheduled to keep noise levels below 60 dB Leq, or the
ambient noise level, in concert with a wall or other noise barrier.
Mitigation Measure B-3c: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to raptor nests from noise associated with development of the
Ponto Area. To reduce impacts from construction noise, no grubbing, grading, or
clearing within 500 feet of raptor nesting habitat (such as eucalyptus trees) during
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 7
the raptor breeding season (December through July) shall occur. As such, all
grading permits, improvement plans, and the final map shall state the same. If
grubbing, grading, or clearing is proposed during the raptor breeding season, a
pre-construction survey shall be conducted to determine if raptors are nesting
within the areas impacted by noise (either within 500 feet or where noise is
greater than 60 dB Leq or the ambient noise level). If there are no raptors nesting
(includes nest building or other breeding/nesting behavior) within this area,
development shall be allowed to proceed. However, if raptors are observed
nesting or displaying breeding/nesting behavior within the area, construction shall
(1) be postponed until all nesting (or breeding/nesting behavior) has ceased or
until after July 15; or (2) a temporary noise barrier or berm shall be constructed at
the edge of the development footprint to ensure that noise levels are reduced to
below 60 dB Leq or the ambient noise level. Alternatively, the use of construction
equipment could be scheduled to keep noise levels below 60 dB Leq, or the
ambient noise level, in lieu of or in concert with a wall or other noise barrier.
Mitigation Measure B-3d: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to avian species from noise associated with development of
the Ponto Area. To reduce impacts from construction noise, and in order to ensure
compliance with the MBTA, clearing of all vegetation shall occur outside of the
breeding season of most avian species (February 15 through September 15).
Grubbing, grading, or clearing during the breeding season of MBTA-covered
species may occur if it is determined via a pre-construction survey that no nesting
birds (or birds displaying breeding or nesting behavior) are present immediately
prior to grubbing, grading, or clearing activities, and would require approval of
the City, USFWS, and CDFG that no breeding or nesting avian species are
present in the vicinity of the grubbing, grading, or clearing activities.
Implementation of Mitigation Measures B-3a through B-3d would reduce
potentially significant impacts on local wildlife resulting from construction noise
from grubbing, grading, and clearing activities, as well as from construction-
related vehicle traffic, because prior to construction, a qualified biologist will
ensure that construction activity will not disrupt local sensitive wildlife.
Implementation of Mitigation Measures B-3a through B-3d will reduce Impact B-
3 to less than significant.
Domesticated Pets
Impact B-4: With implementation of the project, Impact B-4 may result in
significant impacts to native wildlife from the increased presence of domesticated
animals and nuisance species. Cats, especially, are known to hunt rodents and
birds. In addition, commercial and residential uses may introduce Argentine ants
(Linepithema humile) to local habitats, which could have significant consequences
for native ant species and animals that feed on them.
Mitigation Measure B-4: The mitigation measure specified in the FEIR has been
imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to native wildlife from the increased presence of nuisance
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 8
species and domesticated animals. To reduce impacts on native wildlife, each
Homeowner's Association (HOA; for residential projects), property owners (for
all non-residential projects), and the City of Carlsbad (for public spaces), shall be
responsible for taking steps to prevent problems from nuisance animals and pets
by an integrated program of education; signage; litter and refuse collection;
prohibition against feeding wildlife, pest-proof refuse containers; pest eradication
(as necessary), and coordination with CDFG and other habitat managers as
necessary. In addition, permanent fencing, approved by the USFWS and CDFG,
shall be provided along the top of slope overlooking Batiquitos Lagoon to reduce
intrusion into the lagoon by pets.
Implementation of Mitigation Measure B-4 would reduce potentially significant
impacts on native wildlife from the increased presence of nuisance species and
domesticated animals because controls and restrictions will be placed on human
activities that would contribute to potential impacts. Mitigation Measure B-4
designates that a specific entity will be responsible for each development area for
controlling access of domestic pets to open space areas. Implementation of
Mitigation Measure B-4 will reduce Impact B-4 to less than significant.
Night Lighting
Impact B-5: With implementation of the project, Impact B-5 may result in
significant impacts on native habitats from night lighting that can provide
nocturnal predators with an unnatural advantage over their prey. This could
potentially result in an increase in the loss of native wildlife, especially sensitive
species that may occur within the study area.
Mitigation Measure B-5: The mitigation measure specified in the FEIR has been
imposed upon the project as a condition of approval, requiring mitigation for
significant impacts on native habitats from night lighting. To reduce impacts,
outdoor lighting proposed with development of lands adjacent to preserved habitat
(i.e. Resort Hotel) shall be of the lowest illumination allowed for human safety,
and selectively placed, shielded, and directed away from preserved habitat.
Outdoor lighting proposed with development plans for such lands shall be
reviewed and approved by the City as part of the application review process to
reduce potential impacts relative to light and glare.
Implementation of Mitigation Measure B-5 would reduce impacts associated with
significant impacts on native habitats from night lighting, because controls and
restrictions will be placed to ensure that light spillover is minimized by shielding
and pointing lighting away from adjacent preserved habitat. Implementation of
Mitigation Measure B-5 will reduce Impact B-5 to less than significant.
Errant Construction Impacts
Impact B-6: With implementation of the project, Impact B-6 may result in
significant impacts from construction activities associated with development of
the Ponto Area, and with offsite improvements that have the potential to result in
errant impacts outside of the intended construction limits. Any grubbing, clearing,
grading, or other impacts that inadvertently occur outside of the limits of
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 9
construction in areas where sensitive habitat occurs would be considered
significant.
Mitigation Measure B-6: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from errant construction activities. To reduce impacts from
errant construction activities during the construction period, limits of grading and
clearing shall be clearly delineated with temporary fencing such as orange
construction and silt fencing to ensure that construction activity remains within
the defined limits of disturbance, according to the grading plan. All temporary
fencing shall be placed on the impact side of the interface. A qualified biologist
shall inspect the fencing and shall monitor construction activities occurring
adjacent to the construction limits to avoid unauthorized impacts. Unauthorized
impacts shall be reported to the USFWS, CDFG, and City within 24 hours of
occurrence and shall be mitigated at a 5:1 ratio. Temporary fencing shall be
removed only after the conclusion of all grading, clearing, and construction.
Implementation of Mitigation Measure B-6 would reduce significant impacts
associated with significant impacts from'errant construction activities because
controls and restrictions will be implemented to ensure that fencing is installed
prior to grading activities to delineate the limits of construction. In addition, a
monitor will be required to inspect all such fences to ensure they are in place and
visible. Implementation of Mitigation Measure B-6 will reduce Impact B-6 to less
than significant.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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. Potential impacts to biological resources are less than significant as a result
of implementation of Mitigation Measures B-l through B-6.
(3) Cultural
Impact CR-1: With implementation of the project, Impact CR-1 may result in
significant impacts to archaeological resources or human remains resulting from
grading or construction activities.
Mitigation Measure CR-1: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts to archaeological resources or human remains. To reduce
impacts to archaeological resources or human remains, prior to issuance of any
grading permits or approval of improvement plans, the applicant shall implement
a Data Recovery Program, in compliance with the City of Carlsbad's Cultural
Resource Guidelines Criteria and Methodology, to mitigate potential impacts to
undiscovered buried archaeological or paleontological resources on properties
located within the Ponto Area to the satisfaction of the Planning Director. This
Program shall include, but shall not be limited to, the following actions: Provide
evidence to the Planning Department that a qualified archaeologist and/or
archaeological monitor has been contracted to implement a grading, trenching,
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 10
brushing monitoring and data recovery program to the satisfaction of the Planning
Director. A copy of the contract as well as a letter from the applicant and the
archaeologist and/or archaeological monitor shall be submitted to the Planning
Director. The contract shall include the following guidelines: a) The consulting
archaeologist shall contract with a Native American monitor to be involved with
the grading monitoring program; b) the consulting archaeologist/historian and
Native American monitor shall attend the pre-grading meeting with the
contractors to explain and coordinate the requirements of the monitoring program;
c) the consulting archaeologist shall monitor all areas identified for development;
d) an adequate number of monitors (archaeological/historical/paleontological/
Native American) shall be present to ensure that all earth-moving activities are
observed and shall be onsite during all grading activities; e) during the original
cutting of previously undisturbed deposits, the archaeological monitor(s) and
Native American monitor shall be onsite full-time to perform full-time monitoring
as determined by the Principal Investigator of the excavations. The frequency of
inspections will depend on the rate of excavation, the materials excavated, and the
presence and abundance of artifacts and features; f) isolates and clearly non-
significant deposits will be minimally documented in the field and the monitored
grading can proceed; g) in the event that previously unidentified, potentially
significant cultural resources are discovered, the archaeological monitor(s) shall
have the authority to divert or temporarily halt ground disturbance operations in
the area of discovery to allow evaluation of potentially significant cultural
resources. The archaeologist shall contact the City at the time of discovery. The
archaeologist, in consultation with the City, shall determine the significance of the
discovered resources. The City must concur with the evaluation before
construction activities will be allowed to resume in the affected area. For
significant cultural resources, a Data Recovery Program to mitigate impacts shall
be prepared by the consulting archaeologist and approved by the City, then
carried out using professional archaeological methods. If any human bones are
discovered, the Principal Investigator shall contact the City Coroner. In the event
that the remains are determined to be of Native American origin, the Most Likely
Descendant, as identified by the Native American Heritage Commission, shall be
contacted in order to determine proper treatment and disposition of the remains; i)
before construction activities are allowed to resume in the affected area, the
artifacts shall be recovered and features recorded using professional
archaeological methods. The archaeological monitor(s)/Principal Investigator
shall determine the amount of material to be recovered for an adequate sample for
analysis; j) in the event that previously unidentified cultural resources are
discovered, all cultural material collected during the grading monitoring program
and all previous archaeological studies shall be processed and curated according
to current professional repository standards. The collections and associated
records shall be transferred, including release of title, to be permanently curated at
a qualified repository as defined by the "State of California Guidelines for the
duration of Archaeological Collections." The affected landowner shall agree to
pay such fees as required for curation that are in effect for the selected repository
at the time of curation. Evidence must be provided to the satisfaction of the
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 11
Planning Director and that all fees have been paid. All curation activities shall be
completed within six months of project completion; k) in the event that previously
unidentified cultural resources are discovered, a report documenting the field and
analysis results and interpreting the artifact and research data within the research
context shall be completed and submitted to the satisfaction of the Planning
Director prior to the issuance of any building permits; 1) in the event that no
cultural resources are discovered, a brief letter to that effect shall be sent to the
Planning Director by the consulting archaeologist that the grading monitoring
activities have been completed.
Implementation of Mitigation Measure CR-1 would reduce impacts associated
with significant impacts on archeological resources or human remains resulting
from grading and construction activities because, prior to the issuance of a
grading permit, a Data Recovery Program for significant cultural resources would
be implemented for potentially areas disturbed by site development activities. A
qualified archaeological monitor would be required to be present onsite during
grading activities. The monitor would be responsible for identifying, testing, and
proper curation of sensitive cultural resources discovered during the site grading
process. Implementation of Mitigation Measure CR-1 will reduce Impact CR-1 to
less than significant.
Paleontological Resources
Impact CR-2: With implementation of the project, Impact CR-2 may result in
significant impacts on paleontological resources uncovered onsite during project
grading and disruption of soils. In addition, offsite activity resulting from project
implementation would largely be limited to improvements required to improve
Carlsbad Boulevard and for utility improvements. Potential project-related
impacts to offsite paleontological resources are considered less than significant,
particularly since no such resources have been identified to date in areas that
would be affected by development of the project. As such, project-related
disturbance to offsite areas from proposed improvements is not anticipated to
result in significant impacts to paleontological resources. However, mitigation is
proposed to prevent potential impacts to such resources, should they be uncovered
during project development.
Mitigation Measure CR-2: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
potentially significant impacts to paleontological resources. To reduce impacts on
paleontological resources, prior to issuance of grading permits and approval of
improvement plans pursuant to approval of any map, the applicant shall retain a
qualified paleontologist to monitor the site during grading. The applicant shall
provide evidence to the satisfaction of the Planning Director of contracting with a
paleontologist through a letter prepared by the paleontologist that states he/she
has been retained by the applicant. The paleontologist shall attend all pre-grading
meetings to consult with grading contractors.
A paleontological monitor shall be present onsite during all grading operations to
evaluate the presence of fossils. The paleontologist shall have the authority to
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 12
direct, divert, or halt any grading activity until such time that the sensitivity of the
resource can be determined and the appropriate mitigation implemented.
Prior to approval of the Final Map, the applicant shall furnish documentary
evidence to the satisfaction of the Planning Director that prepared fossils, along
with copies of field notes, photos, and maps, have been deposited in a scientific
institution, such as the San Diego Natural History Museum.
Implementation of Mitigation Measure CR-2 would reduce significant impacts on
paleontological resources resulting from grading and construction activities
because prior to the issuance of any grading permits, a data recovery program for
cultural resources would be implemented for construction areas. A qualified
paleontological monitor would be required to be present onsite during grading
activities. The monitor would be responsible for identifying, testing and the
proper curation of any sensitive paleontological resource discovered during the
grading process. Implementation of Mitigation Measure CR-2 will reduce Impact
CR-2 to less than significant.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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. Potential impacts to cultural or paleontological resources will be less than
significant as a result of implementation of Mitigation Measures CR-1 and CR-2.
(4) Hazards and Hazardous Materials
Existing Hazardous Materials Onsite
Structures
Impact HM-1: With implementation of the project, Impact HM-1 may result in
significant impacts from the potential to release hazardous materials, from the
demolition or renovation of existing structures, into the environment.
Mitigation Measure HM-1: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts resulting from the potential release of hazardous materials into
the environment. To reduce impacts from the release of hazardous materials into
the environment, prior to the commencement of demolition or renovation
activities, the interior of individual onsite structures within the Ponto Area shall
be visually inspected. Should hazardous materials be encountered with any onsite
structure, the materials shall be tested and properly disposed of offsite in
accordance with State and Federal regulatory requirements. Any stained soils or
surfaces underneath the removed materials shall be sampled. Results of the
sampling would indicate the appropriate level of remediation efforts that may be
required.
Implementation of Mitigation Measure HM-1 would reduce significant impacts
from the potential release of hazardous materials from demolition or renovation of
existing structures into the environment because, prior to the commencement of
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August 2007 Page 13
demolition or renovation activities, existing hazardous materials will be identified
and proper remediation efforts will be implemented to ensure hazardous material
are not released into the environment. Implementation of Mitigation Measure
HM-1 will reduce Impact HM-1 to less than significant.
Asbestos Containing Materials
Impact HM-2: With implementation of the project, Impact HM-2 may result in
significant impacts from the potential for the exposure of asbestos containing
materials (ACMs) (within onsite structures built prior to 1978) into the
environment.
Mitigation Measure HM-2: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of ACMs into the environment. To
reduce impacts from the potential release of ACMs into the environment, prior to
the commencement of any remedial or demolition work, building owners shall
contract with a certified professional to conduct an asbestos survey, consistent
with National Emission Standards for Hazardous Air Pollutants (NESHAP)
standards to determine the presence of ACMs. Demolition of or within existing
buildings on individual parcels onsite must comply with State law, which requires
the presence of a certified contractor where there is asbestos-related work
involving 100 square feet of more of ACMs, to ensure that required procedures
regarding the removal of asbestos are followed.
Implementation of Mitigation Measure HM-2 would reduce significant impacts
from the potential release of ACMs into the environment because, prior to the
commencement of demolition or renovation activities, existing ACMs will be
identified and proper remediation efforts will be implemented to ensure that
ACMs are not released into the environment. Implementation of Mitigation
Measure HM-2 will reduce Impact HM-2 to less than significant.
Lead Based Paints
Impact HM-3: With implementation of the project, Impact HM-3 may result in
significant impacts from the potential release of lead based paint (LBPs) (within
onsite structures built prior to 1978) into the environment.
Mitigation Measure HM-3: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of LBPs into the environment. To
reduce impacts from the potential release of LBP, if, during demolition of any
onsite structures on individual parcels, paint is separated from the building
material (e.g., chemically or physically), the paint waste shall be evaluated
independently from the building material to determine its proper management.
According to the Department of Substances Control, if paint is not removed from
the building material during demolition (and is not chipping or peeling), the
material could be disposed of as construction debris (a non-hazardous waste). It is
recommended that the landfill operator be contacted in advance to determine
specific requirements for the disposal of lead-based paint materials.
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 14
Implementation of Mitigation Measure HM-3 would reduce significant impacts
from the potential release of LBPs into the environment because, prior to the
commencement of demolition or renovation activities, existing LBPs will be
identified and proper remediation efforts will be implemented to ensure that LBPs
are not released into the environment. Implementation of Mitigation Measure
HM-3 will reduce Impact HM-3 to less than significant.
Other Hazardous Materials
Miscellaneous Debris
Impact HM-4: With implementation of the project, Impact HM-4 may result in
significant impacts from the potential for hazardous materials from miscellaneous
debris piles to seep into the soil below and contaminate underlying groundwater,
thereby releasing hazardous materials into the environment.
In addition, other hazardous materials may pose a potential hazard to future
occupants of the Ponto Area. The Phase I ESA identified other potentially
hazardous materials or conditions such as stained soils, unidentified pipes, onsite
storage units, ASTs and unidentified soil/gravel piles. These conditions may be
potentially hazardous and may represent the potential for release of hazardous
materials into the environment.
Mitigation Measure HM-4: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the seepage of hazardous materials from miscellaneous
debris piles into the soil below and the subsequent contamination of underlying
groundwater. To reduce potential impacts from such hazardous materials, prior to
issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, 55-
gallon drums, miscellaneous household debris, automobiles, scrap metal,
construction equipment, paint cans, batteries, plastic and metal piping, etc.) shall
be removed offsite and properly disposed of at an approved landfill facility. Once
removed, a visual inspection of the area beneath the removed materials shall be
performed. Any stained soils observed underneath the removed materials shall be
sampled. Results of the sampling (if necessary) would indicate the level of
remediation efforts that shall be required.
All light industrial equipment associated with hazardous materials storage,
mixing, and/or use (i.e., fume-hoods, vents, piping, etc.) shall be properly
disposed of in accordance with State and Federal regulations at an approved
offsite landfill facility.
Septic Tanks
Mitigation Measure HM-5: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from septic
tanks into the environment. To reduce potential impacts, prior to the issuance of a
grading permit, the specific location of onsite septic tanks shall be determined.
Once located, septic tanks shall be removed and properly disposed of at an
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 15
approved offsite landfill facility. Once the tanks are removed, a visual inspection
of the area beneath and around the removed tanks shall be performed. Any stained
soils observed underneath the septic tanks shall be sampled. Results of the
sampling (if necessary) would indicate the level of remediation efforts that shall
be required.
Unidentified Pipes
Mitigation Measure HM-6: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from
unidentified pipes into the environment. To reduce potential impacts, prior to
issuance of a grading permit, the terminus of all existing, unidentified metal pipes
within an individual property shall be defined (as applicable). Should a UST be
present in association with such pipes, the UST shall be removed and properly
disposed of offsite at an approved landfill facility. Once the UST is removed, a
visual inspection of the areas beneath and around the removed UST shall be
performed. Any stained soils observed underneath the UST shall be sampled. As a
result of sampling (if necessary), the identified level of remediation shall be
required.
Pole-mounted Transformers
Mitigation Measure HM-7: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from pole-
mounted transformers into the environment. To reduce potential impacts,
transformers and/or hydraulic lifts to be relocated during site
construction/demolition shall be conducted under the supervision of the local
utility purveyor to identify property-handling procedures regarding potential
PCBs.
Stained Concrete/Asphalt
Mitigation Measure HM-8: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from stained
concrete/asphalt into the environment. To reduce potential impacts, prior to
issuance of a grading permit, any stained concrete/asphalt shall be removed and
disposed of offsite at an appropriate permitted facility. Once removed, exposed
soils shall be visually observed to confirm the presence/absence of staining (an
indication of contamination migration into the subsurface). If observed, stained
soils shall be segregated and tested to identify appropriate remedial activities if
necessary which shall then be implemented.
Above Ground Storage Tanks
Mitigation Measure HM-9: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from above
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 16
ground storage tanks (ASTs) into the environment. To reduce potential impacts,
prior to issuance of a grading permit, onsite ASTs shall be removed and properly
disposed of offsite at an approved landfill facility. Once the ASTs are removed, a
visual inspection of the areas beneath and around the removed ASTs shall be
performed. Stained soils observed underneath the ASTs shall be sampled. Results
of the sampling (if necessary) would indicate the level of remediation efforts that
shall be required.
Unidentified Soil/Gravel Piles
Mitigation Measure HM-10: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from
unidentified soil/gravel piles into the environment. To reduce potential impacts,
prior to issuance of a grading permit, onsite soil/gravel piles shall be removed
from each individual property and properly disposed of. Due to the unknown
origin of the soil/gravel piles, the piles shall be sampled and tested for hazardous
materials. Once removed, a visual inspection of the areas beneath the removed
materials shall be performed. Any stained soils observed underneath the removed
materials shall be sampled. Results of the sampling (if necessary) would indicate
the level of remediation efforts that shall be required.
High Pressure Gas Line
Mitigation Measure HM-11: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation
for significant impacts from the potential release of hazardous materials from
high-pressure gas lines into the environment. To reduce potential impacts, prior to
any excavation within the Ponto Area, the exact location of the high-pressure gas
line shall be defined prior to the commencement of construction. Any activities
occurring within the gas line easement shall be conducted pursuant to applicable
guidelines and regulations.
Storage Units
Mitigation Measure HM-12: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation
for significant impacts from the potential release of hazardous materials from
storage units into the environment. To reduce potential impacts, prior to
demolition, the interior of the onsite storage units shall be visually inspected prior
to removal. The storage units shall be removed and properly disposed of offsite at
an approved landfill facility. Once removed, a visual inspection of the areas
beneath the removed materials shall be performed. Any stained soils observed
underneath the removed materials shall be sampled. Results of the sampling (if
necessary) would indicate the level of remediation efforts that shall be required.
Concrete Foundation
Mitigation Measure HM-13: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 17
for significant impacts from the potential release of hazardous materials from
concrete foundations into the environment. To reduce potential impacts, prior to
issuance of a grading permit, the affected owner shall remove the existing
concrete foundation in the northern portion of the development area and properly
dispose of it at an approved offsite landfill facility. Once removed, a visual
inspection of the areas beneath the removed materials shall be performed. Any
stained soils observed underneath the removed materials shall be sampled. Results
of the sampling (if necessary) would indicate the level of remediation efforts that
shall be required.
Soil Sampling
Mitigation Measure HM-14a: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from
contaminated soils into the environment. To reduce potential impacts, prior to the
issuance of a grading permit, where surficial staining associated with the
automobile and storage areas is visible, soils shall be excavated to determine the
exact vertical extent of the contamination (if any). If during soil removal,
evidence of petroleum products appears to continue below the ground surface,
sampling shall be performed to characterize the extent of contamination and
identify appropriate remedial measures that shall be implemented.
Mitigation Measure HM-14b: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from
contaminated soils into the environment. To reduce potential impacts, if directed
by the City, prior to issuance of a grading permit, individual landowners shall
contract with a certified Phase II/III specialist to conduct soil sampling to identify
any pesticide residues in the soil related to historic agricultural uses onsite. The
sampling will determine if pesticide concentrations exceed established regulatory
requirements and will identify proper handling procedures that shall be required.
Mitigation Measure HM-14c: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential for release of hazardous materials from
contaminated soils into the environment. To reduce potential impacts, prior to
issuance of a grading permit, construction in which the soil around the historic
railway alignment shall be conducted under the purview of the local regulatory
agency to identify presence of gasoline, diesel, and/or creosote within the soils
and to identify proper handling procedures. A visual inspection of the areas
beneath and around the removed area shall be performed. Any stained soils
observed underneath the adjacent area shall be sampled. Results of the sampling
(if necessary) would indicate the level of remediation efforts that shall be
required.
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 18
Construction Activities
Mitigation Measure HM-15: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from the potential release of hazardous materials from
construction activities into the environment. To reduce potential impacts, if
unknown wastes or suspect materials are discovered during construction on
individual properties believed to involve hazardous waste/materials, the
contractor shall: immediately stop work in the vicinity of the suspected
contaminant, removing workers and the public from the area; notify the Project
Engineer of the implementing Agency; secure the areas as directed by the Project
Engineer; and, notify the implementing Agency's Hazardous Waste/Materials
Coordinator.
Implementation of Mitigation Measures HM-4 through HM-15 would reduce
impacts associated with the potential for the release of miscellaneous hazardous
materials into the environment because, prior to the commencement of demolition
or renovation activities, existing miscellaneous hazardous materials will be
identified and proper remediation efforts will be implemented to ensure that
hazardous materials are not released into the environment. Implementation of
Mitigation Measures HM-4 through HM-15 will reduce Impact HM-4 to less than
significant.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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. Potential impacts from hazardous materials will be less than significant as a
result of implementation of Mitigation Measures HM-1 through HM-15.
(5) Noise
Long-Term (Mobile) Impacts
Onsite Vehicular Noise
Impact N-3: With implementation of the project, Impact N-3 may result in
significant impacts onsite from vehicular noise from Carlsbad Boulevard due to
noise levels ranging from 69.3 dBA CNEL to 68.9 dBA CNEL (Year 2030), and
from Avenida Encinas due to noise levels ranging from 59.6 dBA CNEL to 63.2
dBA CNEL, thereby exceeding the exterior 60 dBA CNEL and interior 45 dBA
CNEL noise levels, respectively, as indicated in the Noise Guidelines Manual.
Impacts to existing adjacent sensitive land uses (residential) may also result from
noise from vehicles traveling onsite along Ponto Road.
Mitigation Measure N-3a: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from vehicular noise. To reduce potential impacts, prior to
final discretionary development approval, property owners within the Ponto Area
shall prepare a site-specific noise analysis to the satisfaction of the City Director
of Planning, which demonstrates that mobile noise sources would not exceed
Ponto Beach Village Vision Plan . CEQA 15091 Findings
August 2007 Page 19
maximum interior noise level criteria established for residential uses in the City
General Plan, and that maximum exterior noise levels have been mitigated to the
maximum extent feasible. The acoustical reports shall also be prepared pursuant
to the City of Carlsbad Noise Guidelines Manual. The analysis shall verify that
residences are adequately shielded and/or located at an adequate distance from
mobile noise sources in order to comply with the City's noise standards.
Individual developments shall, to the extent feasible, implement site-planning
techniques such as: increasing the distance between the noise source and the
receiver; using non-noise sensitive structures such as garages to shield noise-
sensitive areas; orienting buildings to shield outdoor spaces from a noise source;
orienting non-noise generating uses toward existing adjacent residential uses;
routing commercial truck away from more noise-sensitive uses within the Ponto
Area; individual developments shall incorporate architectural design strategies,
which reduce the exposure of noise-sensitive spaces to stationary noise sources
(i.e., placing bedrooms or balconies on the side of the house facing away from
noise sources). These design strategies shall be implemented based on
recommendations of acoustical analysis for individual developments as required
by the City to comply with City noise standards; individual developments shall
incorporate noise barriers, walls, or other sound attenuation techniques, based on
recommendations of acoustical analysis for individual developments as required
by the City to comply with City noise standards; and, elements of building
construction (i.e., walls, roof, ceiling, windows, and other penetrations) shall be
modified as necessary to provide sound attenuation. This may include sealing
windows, installing thicker or double-glazed windows, locating doors on the
opposite side of a building from the noise source, or installing solid-core doors
equipped with appropriate acoustical gaskets.
Mitigation Measure N-3b: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts from onsite vehicular noise. To reduce potential impacts,
Through Site Plan review, and to the satisfaction of the City Planning Director,
the location of driveways and service entrances associated with hotel uses within
the Commercial Tourist (CT) zone shall be restricted to locations where such
access points are not directly across from existing residential uses.
Implementation of Mitigation Measures N-3a and N-3b would reduce significant
impacts from vehicular noise because building permits would not be issued unless
it is demonstrated that the allowable sound level limits of the City of Carlsbad are
not exceeded, and measures would be implemented through development plan
review to distance commercial driveways from existing residential uses.
Implementation of Mitigation Measures N-3a and N-3b will reduce Impact N-3 to
less than significant.
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 20
Long-Term (Stationary) Noise Impacts
Overall Stationary Noise
Impact N-4: With implementation of the project, Impact N-4 may result in
significant impacts to sensitive receptors (residential neighborhoods) from overall
stationary noise exceeding the City's 60 dBA exterior and 40 dBA interior noise
standards.
Mitigation Measure N-4a: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation of
significant impacts from overall stationary noise. To reduce potential impacts,
electrical and mechanical equipment (i.e., ventilation and air conditioning units)
shall be located away from sensitive receptor areas. Additionally, the following
considerations should be given prior to installation: proper selection and sizing of
equipment, installation of equipment with proper acoustical shielding, and
incorporation of the use of parapets into building design. Prior to final
discretionary development approval, property owners within the Ponto Area shall
prepare a subsequent site-specific noise analysis to the satisfaction of the City
Planning Director, which demonstrates that noise from electrical and mechanical
equipment would not exceed maximum interior noise level criteria established for
residential uses in the City General Plan and that maximum exterior noise levels
have been mitigated to the maximum extent feasible.
Mitigation Measure N-4b: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation of
significant impacts from overall stationary noise. To reduce potential impacts, a
bermed/landscaped buffer shall be provided adjacent to the property boundary
between residential uses and commercial uses within areas zoned as Commercial-
Tourist (CT) to distance future commercial land uses from existing and future
adjacent residential uses. Consistent with the City's Standard Conditions of
Approval, the applicant shall submit, to the satisfaction of the City Planning
Director, a Landscape Plan illustrating the buffer and the landscaping proposed.
The Landscape Plan shall be consistent with the City's Landscape Design
Manual.
Implementation of Mitigation Measures N-4a and N-4b would reduce significant
impacts from overall stationary noise because mitigation would require that
design measures be implemented that give consideration for the selection and
sizing of equipment and incorporation of the use of parapets into building design.
In addition, a landscaped/bermed buffer would be required in the CT zone to
reduce potential noise impacts on adjacent residential uses. Implementation of
Mitigation Measures N-4a and N-4b will reduce Impact N.-4 to less than
significant.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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
Ponto Beach Village Vision Plan CEO A 15091 Findings
August 2007 Page 21
EIR. Potential impacts from noise will be reduced to less than significant as a
result of implementation of Mitigation Measures N-l through N-4.
(6) Traffic and Circulation
Direct Impacts
Existing Plus Vision Plan Intersection Level of Service
La Costa Avenue/Vulcan Avenue Intersection
Impact T-l: With implementation of the project, there would be a significant
impact to the La Costa Avenue/Vulcan Avenue intersection because the traffic
volumes associated with the Vision Plan would cause the LOS of the intersection
to change from an acceptable/marginal LOS to a deficient (failing) LOS.
Mitigation Measure T-l: The mitigation measure specified in the FEIR has been
imposed upon the project as a condition of approval, requiring mitigation for
significant impacts on the La Costa Avenue/Vulcan Avenue intersection. To
reduce potential impacts to this intersection, the following improvements shall be
implemented: Install traffic signal with La Costa widening to facilitate
intersection improvements. Prior to the issuance of a building permit, developers
within the Ponto Area shall pay a pro-rata fair share contribution to the La Costa
Avenue/Vulcan Avenue improvement. The pro-rata fair share contribution shall
be paid to the City of Carlsbad City Engineer prior to the issuance of building
permits. The pro-rata fair share contribution may be adjusted by the City of
Carlsbad to reflect any changes in estimated construction and land costs (as
described in Appendix G-2). The City of Carlsbad will retain the Ponto
developers' allocated pro-rata fair share contribution until the City of Encinitas is
required to collect said contributions. Developers with existing ADT credits
within their Ponto property will be given offsets against their projected ADT's.
This intersection is located within the jurisdiction of the City of Encinitas and the
improvements to this intersection are already required mitigation as part of the
City of Encinitas adopted North 101 Corridor Specific Plan and have been
included in the City of Encinitas Capital Improvement Program (CIP). Future
developers within the Ponto Beachfront Village shall be required to make a
proportionate fair share contribution towards the improvements listed in
Mitigation Measure T-l. Based on cost estimates from the City of Carlsbad, the
proposed road improvements associated with improving La Costa Avenue from
Highway 101 through Vulcan Avenue, including the La Costa Avenue/Highway
101 and La Costa Avenue/Vulcan Avenue intersections, would cost
approximately $5,335,000. This dollar amount is an estimate based on current
information. Annual adjustments shall be made as described in Appendix G-2.
Calculations for the cost estimate are provided in Appendix G-2 of the FEIR. As
shown in Figures 5.6-8 and 5.6-9 of the FEIR, the project would contribute 5,003
ADT to this intersection. Based on 2030 traffic volumes of 18,300 ADT, the
future development within the Vision Plan area shall contribute 27 percent (5,003
ADT/18,300 ADT=27%) of the total cost, or $1,440,450 ($5,335,000 x
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 22
0.27=$ 1,440,450). This amount would be divided up among the future
developments within the Ponto Beachfront Village Vision Plan area based on the
traffic they contribute to the intersection.
Implementation of Mitigation Measure T-l will reduce potential impacts on the
La Costa Avenue/Vulcan Avenue intersection by reducing the anticipated delay at
the impacted intersections. Pro-rata fair share contributions from the proposed
project will be made to the City of Encinitas for roadway improvements on La
Costa Avenue from North Coast Highway through Vulcan Avenue. The money
will be applied towards roadway improvements that will fix existing deficiencies
at the intersections that cannot be connected until La Costa Avenue is widened.
Implementation of the mitigation measure would ensure that the LOS associated
with the intersection would meet the LOS criteria established by the regional
requirements set by SANTEC/ITE. Implementation of this mitigation measure
will reduce Impact T-l to less than significant. This mitigation is appropriate
because it is consistent with existing mitigation measures adopted by the City of
Encinitas to improve the level of service at these intersections.
Horizon Year (2030) Intersection Level of Service
La Costa Avenue/North Coast Highway 101 Intersection and La Costa
Avenue/Vulcan Avenue
Impact T-2: With implementation of the project, there would be a significant
impact on the La Costa Avenue/North Coast Highway 101 and the La Costa
Avenue/Vulcan Avenue intersections because the traffic generated by the Vision
Plan would result in a change in delay of more than 2.0 seconds when compared
to the 2030 Without the Vision Plan at these intersections.
Mitigation Measure T-2: The mitigation measure specified in the FEIR has
been imposed upon the project as a condition of approval, requiring mitigation for
significant impacts on the La Costa Avenue/North Coast Highway 101 and La
Costa Avenue/Vulcan Avenue intersections. To reduce potential impacts, this
intersection shall be mitigated by implementation of the following improvements:
Widen north leg to include two left turn lanes and two through lanes and widen
east leg to include two left turn lanes and one right turn lane. Prior to the issuance
of a building permit, developers within the Ponto Area shall pay a pro-rata fair
share contribution to the La Costa Avenue/North Coast Highway 101
improvement:
The pro-rata fair share contribution shall be paid to the City of Carlsbad City
Engineer prior to the issuance of building permits. The pro-rata fair share
contribution may be adjusted by the City of Carlsbad to reflect any changes in
estimated construction and land costs (as described in Appendix G-2). The City of
Carlsbad will retain the Ponto developers' allocated pro-rata fair share
contribution until the City of Encinitas is required to collect said contributions.
Developers with existing ADT credits within their Ponto property will be given
offsets against their projected ADT's. This intersection is located within the
jurisdiction of the City of Encinitas. The improvements to this intersection are
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 23
already required as mitigation as part of the City of Encinitas adopted North 101
Corridor Specific Plan, and other development projects located within the City of
Encinitas and are included in the City of Encinitas CIP. Future developers within
the Ponto Beachfront Village shall be required to make a proportionate fair share
contribution to the City of Encinitas towards the improvements listed in
Mitigation Measure T-2.
Based on cost estimates from the City of Carlsbad, the proposed road
improvements associated with improving the La Costa Avenue from Highway
101 through Vulcan Avenue, including the La Costa Avenue/Highway 101 and La
Costa Avenue/Vulcan Avenue intersections, would cost approximately
$5,335,000. This dollar amount is an estimate only based on current information.
Annual adjustments shall be made as described in Appendix G-2. Calculations for
the cost estimate are provided in Appendix G-2. As shown in Figures 5.6-8 and
5.6-9 the project would contribute 5,003 ADT to this intersection. Based on 2030
traffic volumes of 18,300 ADT, the future development within the Vision Plan
area shall contribute 27 percent (5,003 ADT/18,300 ADT = 27%) of the total cost,
or $1,440,450 ($5,335,000 x 0.27 = $1,440,450). This amount would be divided
up among the future developments within the Ponto Beachfront Village Vision
Plan area through a fair share contribution based on the traffic they contribute to
the intersection.
Implementation Mitigation Measure T-2 would reduce potential impacts on the La
Costa Avenue/ North Coast Highway 101 and the La Costa Avenue/Vulcan
Avenue intersections by reducing the anticipated delay at the impacted
intersection. Pro-rata fair share contributions from the proposed project will be
made to the City of Encinitas for roadway improvements on La Costa Avenue
from North Coast Highway through Vulcan Avenue. The money will be applied
towards roadway improvements that will fix existing deficiencies at the
intersections that cannot be connected until La Costa Avenue is widened.
Implementation of the mitigation measure would ensure that the LOS associated
with these intersections would meet the LOS criteria established by the regional
requirements set by SANTEC/ITE. Implementation of this mitigation measure
will reduce Impact T-2 to less than significant. This mitigation is appropriate
because it is consistent with existing mitigation measures adopted by the City of
Encinitas to improve the level of service at these intersections.
Roadway Segments
Impact T-3: With implementation of the project, there would be a significant
impact on the segment of La Costa Avenue between Vulcan Avenue and
Interstate 5, under 2030 traffic volumes because the traffic generated by the
Vision Plan would result in a change in volume to capacity ratio (V/C) that would
exceed the LOS threshold of 0.02, and is therefore considered significant. The
segment is forecasted to operate at LOS F in the westbound direction, under the
With and the Without Vision Plan scenarios.
Mitigation Measure T-3: The mitigation measure specified in the FEIR has been
imposed upon the project as a condition of approval, requiring mitigation for
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 24
significant impacts to the segment of La Costa Avenue between Vulcan Avenue
and Interstate 5, under 2030 traffic volumes. To reduce potential impacts to less
than significant, implementation of Mitigation Measures T-l and T-2 are required.
Implementation Mitigation Measure T-3 would reduce potential impacts on the
segment of La Costa Avenue between Vulcan Avenue and Interstate 5 by
widening one lane in the westbound direction, in coordination with planned
intersection improvements at Vulcan Avenue and La Costa Avenue, to reduce the
V/C ratio to an acceptable operating condition, based on City of Carlsbad
thresholds. Implementation of this mitigation measure will reduce Impact T-3 to
less than significant.
Cumulative Impacts
Intersections
Impacts T-l and T-2: With implementation of the project, there would be a
significant impact on the La Costa Avenue/Vulcan Avenue intersection because
the traffic volumes associated with the Vision Plan would cause the LOS of the
intersection to change from an acceptable/marginal LOS to a deficient (failing)
LOS, and a significant impact on the intersection of La Costa Avenue/North
Coast Highway 101 and the La Costa Avenue/Vulcan Avenue intersection
because the traffic generated by the Vision Plan would result in a change in delay
of more than 2.0 seconds when compared to the 2030 Without the Vision Plan
analysis.
Mitigation Measures T-l and T-2: The mitigation measures specified in the
FEIR have been imposed upon the project as a condition of approval, requiring
mitigation for significant impacts to the intersections of La Costa Avenue/North
Coast Highway 101 and La Costa Avenue/Vulcan Avenue. To reduce potential
impacts to less than significant, prior to issuance of a building permit, evidence
shall be required to ensure that Mitigation Measures T-l through T-2 (refer to
Section 5.6.4 of the FEIR) would be implemented (as applicable) at the discretion
of the City of Carlsbad City Engineer, to mitigate a project's contribution to
potential traffic impacts.
Implementation of Mitigation Measures T-l and T-2 would mitigate the Vision
Plan's contribution to cumulative intersection and roadway impacts that would
occur under the year 2010 analysis by providing physical improvements to the
intersections of La Costa Avenue/North Coast Highway 101 and La Costa
Avenue/Vulcan Avenue to reduce the anticipated delays and improve the LOS to
meet LOS criteria established by the regional requirements set by SANTEC/ITE.
Pro-rata fair share contributions from the proposed project will be made to the
City of Encinitas for roadway improvements on La Costa Avenue from North
Coast Highway through Vulcan Avenue. The money will be applied towards
roadway improvements that will fix existing deficiencies at the intersections that
cannot be connected until La Costa Avenue is widened. Implementation of these
mitigation measures will reduce the project's contribution to cumulative
intersection impacts under the Year 2010 analysis to less than cumulatively
Ponto Beach Village Vision Plan CEQA 15091 Findings
August 2007 Page 25
considerable. This mitigation is appropriate because it is consistent with existing
mitigation measures adopted by the City of Encinitas to improve the level of
service at these intersections.
FINDING: Pursuant to CEQA Guidelines Section 15091(a)(l), 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. Potential impacts relative to traffic will be less than significant with
implementation of Mitigation Measures T-l through T-3.
PONTO BEACHFRONT VILLAGE VISION PLAN EIR
EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01
SCH NO. 2007031141
FINDINGS RELATING TO IMPACTS NOT MITIGATED TO
LESS THAN SIGNIFICANT
August 2007
The FEIR identifies three impacts on the environment (i.e., 1) short-term (construction)
impacts to air quality, 2) long-term (operational) impacts to air quality, and 3) short-term
(construction) noise impacts) which will have significant environmental effects, even after
the application of all feasible mitigation measures identified in the FEIR. In accordance with
CEQA Guidelines Section 15092(b)(2), the City of Carlsbad City Council shall not approve
the project unless it first finds under CEQA Section 21081 (a) and CEQA Guidelines Section
15091 (a) that specific economic, legal, social, technological, or other considerations,
including the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures of project alternatives identified in the FEIR, and also
finds under CEQA Guidelines 15092(b)(2)(B) that the remaining significant effects are
acceptable due to overriding considerations as described in CEQA Section 15093.
The City Council, therefore, makes the following findings:
(1) Short-Term (Construction) Impacts to Air Quality
Impacts AQ-1, AQ-2 and AQ-3 (Air Quality Impacts from Fugitive Dust): To
partially mitigate for the project's significant short-term direct impacts to air quality,
the mitigation measures specified in the FEIR have been imposed upon the project as
conditions of approval, requiring the project applicant to mitigate for significant
short-term direct impacts from fugitive dust as a result of clearing, grading, and earth
moving operations, trucks hauling material on and offsite, and construction
equipment onsite. Mitigation Measure AQ-1 shall require that during clearing,
grading, earth-moving, or excavation operations, excessive fugitive dust emissions
shall be controlled by regular watering and other dust preventive measures.
Mitigation Measure AQ-2 shall require that all trucks hauling excavated or graded
material onsite shall comply with State Vehicle Code Section 23114, with special
attention to Sections 23114(b)(F), (e)(2) and (e)(4), as amended, regarding the
prevention of such material spilling onto public streets. Mitigation Measure AQ-3
shall require that during construction activities, excessive construction equipment and
vehicle exhaust emissions shall be controlled through efficient maintenance and use
of construction equipment.
Implementation of the Vision Plan would include considerable construction activities,
which could potentially result in periodic exceedances of SDAPCD standards. The
existing regional air quality surrounding the proposed project site exceeds SDAPCD
standards and is classified at a non-attainment status. As such, with or with out
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 1 August 2007
implementation of the proposed project, impacts to air quality will continue to occur.
Furthermore, air quality impacts to this basin are a result of a cumulative effect from
a variety of activities occurring throughout the San Diego Air Basin. As such, a
requirement for the proposed project to mitigate for existing air quality impacts in the
San Diego Air Basin is infeasible due to the size of the air basin which covers most of
San Diego County. Lastly, as the Vision Plan establishes guidelines for the
development anticipated to occur within the Ponto Area, but does not provide final
development plans, it is not possible to quantify potential future impacts associated
with fugitive dust. Therefore, based on the size of the Ponto Area, it is anticipated that
impacts regarding fugitive dust from future construction activities would be
significant and unavoidable. Additionally, the timing or phasing of the development
with the Ponto area is unknown.
(2) Long-Term (Operational) Impacts to Air Quality
Impact AQ-6 (Operational Emissions): To partially mitigate for the project's
significant direct impacts to air quality, the mitigation measures specified in the FEIR
have been imposed upon the project as conditions of approval, requiring the project
applicant to mitigate for significant direct impacts on long-term (construction) air
quality resulting from operational emissions. Mitigation Measure AQ-6 provides
programmatic measures the City of Carlsbad can recommend to future developers to
reduce air quality impacts from operational emissions. Mitigation Measure AQ-6 will
require, prior to approval of site development plans for future development within the
Ponto Area, the City shall ensure that all of the operational mitigation measures
identified below are identified and included as part of the project development plans,
as applicable. These measures shall be implemented by the project applicant of each
individual project, when development plans are proposed, and shall be verified by the
City of Carlsbad Planning Department and are discussed below.
The City shall recommend that the proposed surrounding commercial facilities which
incorporate gas stations utilize pumps dispensing oxygenated gasoline (especially
during winter months, typically taken as November through February inclusive) in an
effort to reduce overall CO emissions within the air basin due to traffic traveling to
and from the project site. In addition, the City shall recommend that workers at
surrounding commercial facilities participate in ride-share programs and seek
alternate forms of transportation to the site.
Future onsite commercial land uses shall implement design measures that promote the
use of alternative modes of transportation, such as: mixed- use development (combine
residential, retail, employment, and commercial). Sidewalks; safe street and parking
lot crossings; showers and locker rooms; sheltered transit stops; theft-proof well-
lighted bicycle storage facilities with convenient access to building entrance; carpools
and vanpools; onsite services to reduce need for offsite travel such as: childcare;
telecommute center; retail stores; postal machines; and automatic teller machines;
commercial and retail businesses should be encouraged to schedule operations during
off-peak travel times; adjust business hours; and allow alternative work schedules,
telecommuting; provide preferential parking for carpool/vanpool vehicles; construct
transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc.; provide direct,
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 2 August 2007
safe, attractive pedestrian access from project to transit stops and adjacent
development; increase wall and attic insulation beyond Title 24 requirements; plant
shade trees in surface parking lots to reduce evaporative emissions from parked
vehicles; use lighting controls and energy-efficient interior lighting, and built-in
energy efficient appliances; use double-paned windows; and use energy-efficient low
sodium parking lot and streetlights.
It is anticipated that by the Year 2030 Project Operational Emissions, regional level
PM10 and ROG emissions would exceed the SDAPCD thresholds of significance. As
such, with or with out implementation of the proposed project, and with or without
implementation of these mitigation measures, any additional pollutants emissions
would result in impacts to air quality. Furthermore, the existing air quality of this
basin is a result of a cumulative effect from a variety of activities occurring
throughout the San Diego Air Basin. As such, a requirement for the proposed project
to mitigate for existing and future air quality impacts in the San Diego Air Basin is
infeasible, due to the size of the air basin which covers most of San Diego County.
Lastly, the Vision Plan establishes guidelines for the development anticipated to
occur within the Ponto Area, but does not provide final development plans; it is not
possible to quantify potential future impacts associated with fugitive dust. Therefore,
based on the size of the Ponto Area, it is anticipated that impacts to air quality would
be significant and unavoidable.
Implementation of Mitigation Measures AQ-1 through AQ-3, and AQ-6 would
reduce significant impacts associated with Impacts AQ-1 through AQ-3, and AQ-6.
These mitigation measures would reduce air quality impacts where practicable;
however, these mitigation measures would not completely mitigate the project's
significant direct impacts to air quality associated with the development of the
project.
(3) Short-Term (Construction) Noise Impacts
Impacts N-l/N-2 (Construction Noise) To partially mitigate for the project's
significant direct impacts from construction noise, the mitigation measures specified
in the FEIR have been imposed upon the project as conditions of approval, requiring
the project applicant to mitigate for significant noise impacts resulting from project
construction.
Mitigation Measure N-l would require, for all projects within 1,000 feet within
residential neighborhoods, prior to Grading Permit issuance, future developments
shall demonstrate to the City of Carlsbad that the project complies with the following:
All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers; construction noise reduction methods such as
shutting off idling equipment, installing temporary acoustic barriers around stationary
construction noise sources, maximizing the distance between construction equipment
staging areas and occupied residential areas, and use of electric air compressors and
similar power tools, rather than diesel equipment, shall be used where feasible; during
construction, stationary construction equipment shall be placed such that emitted
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 3 August 2007
noise is directed away from sensitive noise receivers; during construction, stockpiling
and vehicle staging areas shall be located as far as practical from noise sensitive
receptors; operate earthmoving equipment on the construction site, as far away from
vibration sensitive sites as possible; and, construction hours, allowable workdays and
the phone number of the job superintendent shall be clearly posted at all construction
entrances to allow for surrounding owners and residents to contact the job
superintendent. If the job superintendent receives a complaint, appropriate corrective
actions shall be implemented and a report of the action taken to the reporting party.
Mitigation measure N-2 would require construction activities to be limited to 7:00
a.m. to sunset Monday through Friday, and 8:00 a.m. to sunset on Saturdays with no
work permitted on Sunday's and legal holidays. Construction activities generally
have a short and temporary duration, lasting from a few days to a period of several
months. As properties within the Ponto Area are all privately owned, development of
the area will take place incrementally as individual property owners choose to
undertake development or redevelopment activities. Therefore, a scheduled
construction-phasing plan has not been established for the project.
In order to estimate the "worst case" construction noise levels, the combined
construction equipment noise levels have been calculated for the grading/excavation
phases. Although it is not anticipated that the "worst-case" scenario will occur, if it
did, despite implementation of Mitigation Measures N-l and N-2, short-term
construction activities are anticipated to result in noise levels above 85 dBA.
Therefore, per the City's standards, a significant temporary noise impact could
potentially occur during future construction activities. Short-term noise impacts
resulting from project construction would be temporary and cease upon construction
completion. Although Mitigation Measures N-l and N-2 are proposed to reduce noise
levels resulting from construction activities, mitigation would not reduce such noise
impacts to less than significant. Therefore, this impact would be significant and
unavoidable.
Implementation of Mitigation Measures N-l and N-2 would reduce significant
impacts associated with Impact N-l and N-2. This mitigation measures would ensure
construction impacts were reduced; however, this mitigation measures would not
completely mitigate the project's significant impacts resulting from construction
noise associated with the development of the project.
INFEASIBILITY OF PROJECT ALTERNATIVES AND RATIONALE RELATING
TO THE FINDINGS
The project objectives for the Ponto Beachfront Village Vision Plan identified in the FEIR
and considered by the City Council are described in Section 1.2 of the FEIR which states:
The objectives of the project applicant are to develop a project that:
a. Provide options for land use;
b. Increase flexibility for property owners to respond to market conditions;
c. Increase opportunities and individual decision-making for small lot property owners;
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 4 August 2007
d. Continue to consider environmental factors and conditions; and,
e. Create a neighborhood and amenities that contribute to the surrounding area and City
as a whole.
The following is the rationale for finding that the project alternatives in the FEIR are
infeasible in accordance with CEQA Section 21081(a)(3) and CEQA Guidelines Section
15091(a)(3). "Feasible" means capable of being accomplished in a successful manner within
a reasonable time, taking economics, legal, social, and technological factors into account
(CEQA Guidelines Section 15363)
A full discussion of the project alternatives identified in the FEIR is discussed in Section 6 of
the FEIR commencing on page 6-1.
Based on the objectives of the project as described, the City Council considered the
following Project Alternatives:
A. No Development Alternative (FEIR Section 6.2, pages 6-3 through 6-6): The No
Development Alternative assumes that the project site would not be developed with
the proposed project. The project site would remain in its present condition and would
continue to support the existing single-family residential and small-scale commercial
and light-industrial uses. No onsite or offsite roadway improvements, including
Carlsbad Boulevard, would occur with this alternative. Although this alternative is
similar to the Open Space Alternative, preservation of the undeveloped portions of
the Ponto Area would not be guaranteed for the long-term through zoning or
dedication of an open space easement.
The No Development Alternative would reduce or avoid all of the impacts associated
with the proposed project, with the exception of hydrology and water quality, as
BMPs to control drainage from the site would not be implemented. Therefore, the No
Development Alternative is considered to be the Environmentally Superior
Alternative.
Although most impacts of this alternative would be less than those of the proposed
project, and this alternative is the Environmentally Superior Alternative, it fails to
meet any of the project objectives, such as establishing the Southern Coastal Gateway
to the City or providing a balanced and cohesive mix of local and tourist-serving
commercial, medium- and high-density residential, mixed use, live/work, and open
space land use opportunities that would be economically viable. In addition, this
alternative would not establish a pattern of pedestrian and bicycle accessibility that
would link with adjacent existing and planned pedestrian and bicycle facilities, or
establish a mixed-use district that encourages local and tourist-oriented retail,
commercial, recreational and residential uses.
For these reasons, The No Development Alternative was rejected from further
consideration.
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 5 August 2007
B. No Project Alternative (FEIR Section 6,3, pages 6-6 through 6-10): The No
Project Alternative would develop the project site as allowed under the current land
use and zoning designations without special permitting. The proposed project would
allow the same uses as those allowed under the existing General Plan designations, as
well as the underlying Specific Plans (Poinsettia Properties Specific Plan and the
Poinsettia Shores Master Plan), uses developed under the No Project Alternative
would be similar to that proposed with the Vision Plan; however, the Vision Plan
envisions uses that would result in a decreased intensity than what would ultimately
be allowed under the existing land use designations. The No Project Alternative
would allow the property to be developed with travel/recreational commercial,
medium-high density residential uses, or as open space or parks.
In the southern portion of the site, the existing General Plan designation would allow
for travel and recreational commercial uses, such as hotels, restaurants, and
commercial retail, to enhance the tourism and recreational opportunities in the City.
In the northern portion of the site, residential housing could be provided at a density
of 8-15 dwelling units per acre, or in combination with travel and recreational
commercial uses. Areas that are currently designated as "Unplanned" may require
further planning to determine appropriate uses.
Similar to the proposed project, this alternative would ultimately contribute to offsite
road improvements, as applicable, to mitigate for potential traffic impacts caused by
vehicular trips generated by onsite uses. This alternative would also propose onsite
trails and linkage to the regional trail system for recreational use. In addition,
improvements would be made, consistent with the Zone 9 and 22 LFMPs, to provide
public water and sewer service to the site. Development onsite would be consistent
with the Scenic Corridor Guidelines and would contribute to improvements along
Carlsbad Boulevard, but would not result in an overall themed design approach that
would establish and enhance a major entryway into the City of Carlsbad.
Like the proposed project, this alternative would be consistent with all land use plans
and zoning, and would reflect the type of development originally intended for the site
under the General Plan. However, with the No Project Alternative, impacts to traffic
and circulation, noise, utilities and public service systems, as well as air quality,
would be greater than the proposed project, due to the potential increase in the
number of proposed residential units or square footage of development.
This alternative would meet the objective of conforming with the General Plan,
Amended Zone 9 and 22 Local Facilities Management Plans (LFMP), applicable City
ordinances, regulations and policies. This alternative would also meet the objective of
establishing a mixed-use district that encourages local and tourist-oriented retail,
commercial, recreational and residential uses, as such uses would be allowed under
the existing land use and zoning designations. This alternative would also be required
to assure that public facilities and services meet the requirements of the Growth
Management Plan.
However, as the Vision Plan would not be implemented with this alternative, this
alternative would not achieve the project objectives of establishing the Southern
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 6 August 2007 4%
Coastal Gateway to the City or providing site design guidelines that require street
scenes and site plans to respect pedestrian scale arid express a cohesive and high-
quality architectural theme. In addition, this alternative would not provide for
expanded and enhanced beach access, or establish a mixed-use district that
encourages local and tourist-oriented retail, commercial, recreational and residential
uses. This alternative would also not achieve the objective of requiring landowners
within the project development area to utilize landscape architecture that celebrates
the historic past and horticultural heritage of the City, thereby reinforcing an overall
theme. Expanded and enhanced beach access would also not be provided.
For these reasons, The No Project Alternative was rejected from further
consideration.
C. Increased Residential Use Alternative (FEIR Section 6.4, pages 6-10 through 6-
13): The Increased Residential Land Use Alternative assumes that the majority of the
project site would be developed with townhomes, at a density of 19 du/acre. At this
density, an estimated 352 townhomes could be constructed. In addition, the Resort
Hotel and Hotel/Commercial uses would also be developed, similar to the proposed
project. No Mixed-Use or Live-Work/Mixed-Use uses would be developed in the
northern and southern portions of the Ponto Area, thereby reducing commercial retail
or tourism-oriented commercial uses. This alternative is intended to emphasize the
residential component, and therefore, would not result in improvements associated
with the State Beach such as the pedestrian underpass that would allow visitors to
travel between the Ponto Area and the recreational uses provided by the beach. In
doing so, potential conflicts between the residents of the proposed residential uses
and visitors to the State Beach would be reduced. In addition, this alternative would
not include enhancements to create a Southern Coastal Gateway into the City at
Carlsbad Boulevard and Batiquitos Lagoon, or gateways into the Ponto Area at
Avenida Encinas, Beach Way, or Ponto Road, as much of the Ponto Area would'
support residential uses, and would not represent a cohesive themed development for
the approximately 50 acre area proposed for development. The improvements would
not be made as the main focus of the development would shifted away from attracting
visitors to the area and more focus on the residential uses.
Like the proposed project, this alternative would be consistent with all land use plans
and zoning, and would reflect the type of development originally intended for the site
under the General Plan. However, with the Increased Residential Use Alternative,
impacts to visual aesthetics and utilities and public service systems would be greater
than the proposed project, as a greater number of residential units would be
constructed, thereby increasing visual density as well as an increased demand for
public utilities, such as water and sewer facilities.
This alternative was rejected because it fails to achieve the majority of the project
objectives. As the majority of the project site would be developed with residential
uses under this alternative, the objective of establishing a mixed-use district that
encourages local and tourist-oriented retail, commercial, recreational and residential
uses or accommodating a mix of local and tourist-serving commercial, medium-and
high-density residential, mixed use, live/work, and open space land use opportunities
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 7 August 2007
would not be achieved. This alternative would also not provide expanded and
enhanced beach access, or provide site design guidelines that require street scenes and
site plans to respect pedestrian scale and express a cohesive and high-quality
architectural theme. In addition, this alternative would not establish the Southern
Coastal Gateway to the City, as no improvements would be made to signify such an
entry point.
For these reasons, the Increased Residential Use Alternative was rejected from further
consideration.
D. Increased Residential Use/Open Space Alternative (FEIR Section 6.5, pages 6-13
through 6-17): The Increased Residential Use / Open Space Alternative would result
in a large portion of the property being developed with townhomes at a density of 19
du/acre; refer to Figure 6-3. This would allow approximately 316 dwelling units. In
addition, a Mixed-Use Center would be developed in the same location as with the
proposed project, and would allow for a variety of commercial retail uses, restaurants,
and specialty stores to support the residential and hotel and residential uses. The
Hotel/Commercial use would be proposed in the northern portion of the property,
although at a smaller scale than compared to that of the proposed project. In addition,
this alternative proposes an open space/community park in the southern portion of the
property, rather than the Beachfront Resort. The park would be open to the public and
would offer opportunities for active and passive recreation, such as walking trails and
picnic tables. Development of the Ponto Area would not occur under the Vision Plan
with this alternative. This alternative would also result in the realignment of Carlsbad
Boulevard and the construction of the pedestrian underpass.
This alternative would reduce impacts to traffic, noise and air quality, as well as
impacts to biological resources as compared to the proposed project, due to the
removal of the Resort hotel use and reduction of the Mixed-Use area. In addition, this'
alternative would achieve the project objectives of assuring that public facilities and
services meet the requirements of the Growth Management Plan and that the project
conforms with the General Plan, Amended Zone 9 and 22 Local Facilities
Management Plans (LFMP), applicable City ordinances, regulations and policies. As
Carlsbad Boulevard would be re-aligned, expanded and enhanced beach access would
be provided.
However, as the Vision Plan would not guide development within the project area,
this alternative would not achieve the goals of establishing the Southern Coastal
Gateway to the City or providing site design guidelines that require street scenes and
site plans to respect pedestrian scale and express a cohesive and high-quality
architectural theme. This alternative would also conflict with the stated goals of the
LCP to provide visitor-serving commercial uses in the coastal zone. In addition, this
alternative would not provide landscape architecture that celebrates the historic past
and horticultural heritage of the City, as no design guidelines would be proposed.
For these reasons, the Increased Residential use/Open Space Alternative was rejected
from further consideration.
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 8 August 2007 -
Ho
E. Increased Townhomes / Single-Family Detached Alternative (FEIR Section 6.6,
pages 6-17 through 6-20): The Increased Townhomes / Single-Family Detached
Alternative assumes that the project site would be largely developed with townhomes
and single-family development at a density of 10 du/acre. This would allow for
approximately 172 dwelling units within the northern portion of the site. In addition,
the Hotel/Commercial uses at the northern end of the property would be developed. A
Mixed-Use Center would be developed in the central portion of the site, just north of
Avenida Encinas, similar to the proposed project, but at a smaller scale. The Resort
Hotel Use would be developed in the southern portion of the site, also similar to the
proposed project. This alternative assumes the re-alignment of Carlsbad Boulevard
with development of a linear park along the west side of the roadway. Onsite road
patterns would be the same as the proposed project. This alternative is intended to
emphasize the residential component, and therefore, would not result in
improvements associated with the State Beach, such as the pedestrian underpass, that
would allow visitors to travel between the Ponto Area and the recreational uses
provided by the beach. In doing so, potential conflicts between the residents of the
proposed residential uses and visitors to the State Beach would be reduced.
The Increased Townhomes / Single-Family Detached Alternative would reduce
potential significant impacts to traffic and circulation, as well as incrementally
decrease air quality impacts, due to a decrease in the number of trips generated. Noise
impacts would also be reduced, due to the reduction of commercial uses. The
objectives of assuring that public facilities and services meet the requirements of the
Growth Management Plan and conformance with the General Plan, Amended Zone 9
and 22 Local Facilities Management Plans (LFMP), applicable City ordinances,
regulations and policies, would be achieved. As individual ownerships would be
developed without an overall plan for guidance, this alternative would not establish a
mixed-use district that encourages local and tourist-oriented retail, commercial,
recreational and residential uses. This alternative would allow for the establishment of"
a mixed-use district that encourages local and tourist-oriented retail, commercial, and
recreational land uses, but at a reduced scale as compared to the proposed project.
Improvements to Carlsbad Boulevard would provide additional parking, thereby
enhancing access to the State Beach.
This alternative does not meet the project objectives of establishing a Southern
Coastal Gateway to the City, or of accommodating a balanced and cohesive mix of
local and tourist-serving commercial, medium- and high-density residential, mixed
use, live/work, and open space land use opportunities. This alternative would conflict
with the stated goals of the LCP to provide visitor-serving commercial uses in the
coastal zone. In addition, no cohesive architectural theme would be achieved for
development of the site, as the site would not be developed under the Vision Plan and
site guidelines would therefore not be proposed. Although this alternative does reduce
some adverse impacts associated with the proposed project, it does not result in a
substantial reduction in impacts that would make it preferable over another project
alternative.
For these reasons, the Increased Townhomes/Single family Detached Alternative was
rejected from further consideration.
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 9 August 2007
F. Increased Townhomes / Visitor Use Alternative (FEIR Section 6.7, pages 6-20
through 6-24): The Increased Townhomes / Visitor Use Alternative assumes that the
project site would be developed with a mixture of commercial retail and hotel uses,
with additional residential dwelling units provided. In the southern portion of the site,
the Resort Hotel use would be developed, similar to the proposed project. An
increased number of townhomes would be developed at a density of 19 du/acre as
compared to the proposed project, with such uses replacing the Mixed-Use Center.
Approximately 281 dwelling units could be developed under this alternative. This
alternative would allow for a mixture of commercial uses including retail shops and
restaurants. In addition, the Hotel/Commercial use at the northern portion of the site
would be developed at a reduced scale, with construction of a neighborhood park at
the northernmost portion of the site to provide recreational opportunities and to buffer
the hotel use from the adjacent residential neighborhoods. This alternative assumes
the re-alignment of Carlsbad Boulevard with development of a linear park along the
west side of the roadway. Onsite road patterns would be the same as the proposed
project. No improvements to enhance the State Beach would be proposed with this
alternative, as the Resort Hotel and Hotel/Commercial uses and the linear and
neighborhood parks would instead provide opportunities for recreation.
The Increased Townhomes / Visitor Use Alternative would reduce potential
significant impacts to traffic and circulation, as well as resultant noise and air quality
impacts, as compared to the proposed project. This alternative would meet the
objectives of assuring that the provision of public facilities and services would meet
the requirements of the Growth Management Plan, prior to development. In addition,
conformance with the General Plan, Amended Zone 9 and 22 Local Facilities
Management Plans (LFMP), applicable City ordinances, regulations and policies
would also be achieved with this alternative. Improvements to Carlsbad Boulevard
would also allow for additional parking for the State Beach, providing improved'
access.
However, as no overall plan would be provided to guide development within the area
without the Vision Plan, and individual ownerships would be developed as desired, a
cohesive mix of local and tourist-serving commercial, medium- and high-density
residential, mixed use, live/work, and open space land use opportunities would not be
achieved. In addition, this alternative would not provide a cohesive architectural
theme for development of the site, as the Vision Plan would not be implemented.
Similarly, requirements for landscape architecture that would celebrate the historic
past and horticultural heritage of the City would not be required without the Vision
Plan. Although improvements would be made consistent with the Scenic Corridor
Guidelines, this alternative does not specifically meet the project objective of
establishing a Southern Coastal Gateway to the City. The removal of the mixed-use
area would mean fewer services would be available for city residents or visitors from
outside the Vision Plan area.
For these reasons, The Increased Townhomes/Visitor Use Alternative was rejected
from further consideration.
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 10 August 2007 LT/
G. Increased Recreational Amenities/Green Space Alternative (FEIR Section
6.8, pages 6-24 through 6-27): The Increased Recreational Amenities/Green Space
Alternative assumes that the project site would be developed with the same mixture
of uses as proposed with the Vision Plan; however, this alternative would decrease
the size of the Resort Hotel facilities at the southern end of the Vision Plan area and
provide an open area along the bluff that would be available for public recreational
use; refer to Figure 6-6. In addition, the area would provide an added buffer between
the hotel facilities and the Batiquitos Lagoon. The open area would complement the
multi-use trail envisioned in the Vision Plan, and would be located within the setback
of the development envelope for the Resort Hotel. The open area would be
maintained by the property owner.
It is envisioned that the open area would be bermed to provide varied topography, and
landscaped with trees for shade and grassy areas for passive or active recreation.
Amenities such as benches or picnic tables for meeting or relaxing could be provided
within the space and may offer views to the lagoon and the Pacific Ocean. Other
amenities such as an open grassy area for weddings, or a gazebo for ceremonies or
viewing opportunities, could also be provided. Signage could also be installed within
the open area to identify vegetation or flower types, or perhaps animal or avian
species that would typically occupy the lagoon, to provide an educational
opportunity.
With the above-described exceptions, future development of the Ponto Area would
occur as envisioned by the Vision Plan. This alternative assumes the re-alignment of
Carlsbad Boulevard with development of a linear park along the west side of the
roadway, and construction of a pedestrian underpass to the State Beach. Onsite road
patterns would be the same as the proposed project. In addition, improvements to
enhance Carlsbad Boulevard as the southern gateway into the City are also envisioned
with this alternative.
As the Increased Recreational Amenities/Green Space Alternative is similar to
development envisioned in the Vision Plan, it would meet both the project goals as
well as the majority of goals established in the South Carlsbad Coastal
Redevelopment Area Redevelopment Plan. This alternative would incrementally
reduce potentially significant impacts to traffic and circulation, as well as resultant
noise and air quality impacts, as compared to the proposed project. In addition, future
development of the Ponto Area would be consistent with requirements of the General
Plan, Amended Zone 9 and 22 Local Facilities Management Plans (LFMP), and
applicable City ordinances, regulations and policies, and therefore, no conflicts
relative to land use and planning would occur.
This alternative would also allow for improvements to Carlsbad Boulevard and
establishment of a Southern Coastal Gateway to the City, as well as enhanced access
to Carlsbad State Beach, similar to the proposed project. This alternative would also
establish a mixed-use district that encourages local and tourist-oriented retail,
commercial, recreational and residential uses, and would provide a cohesive
architectural theme for future development of the Ponto Area. Similar to the proposed
project, this alternative would meet the objectives of assuring that the provision of
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 11 August 2007
public facilities and services would meet the requirements of the Growth
Management Plan, prior to development. Requirements for landscape architecture
that would celebrate the historic past and horticultural heritage of the City would also
be achieved.
As discussed above, the Increased Recreational Amenities/Green Space Alternative
would meet the project goals, as well as the goals of the SCCRA Redevelopment
Plan.
For these reasons, the Increased Recreational Amenities/Green Space Alternative was
not rejected from further consideration.
G. Carlsbad Boulevard Re-Alignment Alternatives (FEIR Section 6.9, pages 6-27
through 6-32): It should be noted that the Carlsbad Boulevard Re-Alignment
Alternatives are not separate alternatives from the proposed project, but alternatives
addressing one component of the proposed project. Adoption of the proposed project
or project alternatives would also adopt one of the Carlsbad Boulevard Re-Alignment
Alternatives.
OVERRIDING CONSIDERATIONS WARRANTING PROJECT APPROVAL
DESPITE REMAINING SIGNIFICANT IMPACTS TO TRAFFIC AND
CIRCULATION
CEQA Guidelines Sections 15093(a) and (b) state:
(a) CEQA requires the decision-making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a proposed project
against its unavoidable environmental risks when determining whether to
approve the project. If the specific economic, legal, social, technological, or
other benefits of a proposed project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be considered
"acceptable."
(b) When the decision of the public agency allows the occurrence of significant
effects which are identified in the final EIR but not avoided or substantially
lessened, the agency shall stat in writing the specific reasons to support its
action based on the Final EIR and/or other information in the record. This
statement may be necessary of the agency also makes a finding under Section
15091(a)(2)orl5091(a)(3).
As identified above, this project has significant and not fully mitigated effects relating to air
quality impacts associated with short-term construction impacts and long-term operation
impacts, as well as short-term construction noise impacts. The mitigation measures and
project alternatives identified in the FEIR are infeasible in accordance with CEQA Section
21081 and CEQA Guidelines Section 15091 to fully mitigate these impacts as detailed above.
However, the City Council has weighed the benefits of the proposed Ponto Beachfront
Village Vision Plan against the identified unavoidable environmental risks and impacts in
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 12 August 2007
determining whether to approve the project. The City Council finds that the project will
provide specific economic, social, and public safety benefits which outweigh the unavoidable
environmental impacts of the project, such that those impacts are considered acceptable.
With approval of the project, these benefits are:
Finding of Economic Benefit
Development pursuant to the Vision Plan would result in construction jobs for the region,
which would help support the local economy. Proposed uses include residential and
commercial uses, which would require a need for a variety of different construction trades.
Development pursuant to the Vision Plan includes commercial and retail uses which would
result in the addition of new jobs for the residents of the City Carlsbad and the surrounding
area. The Vision Plan includes areas where hotels and mixed-use commercial areas could be
developed. Hotels and commercial enterprises would need staff to support the services these
uses would provide.
Development pursuant to the Vision Plan would provide increased revenues to the City of
Carlsbad through increased tax revenues. As development would occur within the Vision
Plan area, the property value of the property would increase resulting in an increase in
property taxes.
Development pursuant to the Vision Plan would result in increased access to coastal areas for
the public by providing local and tourist oriented retail, commercial, residential and
recreational uses. City residents and tourists would be drawn to the area by new development
and would enjoy expanded and enhanced beach access.
Development pursuant to the Vision Plan would increase the number of people living in the
area that will be in need of goods and services that can be provided by other commercial
ventures within the City of Carlsbad.
Finding of Social Benefit
Development pursuant to the Vision Plan would result in a realignment of Carlsbad
Boulevard which would result in an estimated 104 parking spaces on the west side of
Carlsbad Boulevard to facilitate public use of the State Beach.
A realignment of Carlsbad Boulevard that would provide for potential opportunities for the
State Parks campground to expand on to land vacated by the realignment. Additional land
would be available for a linear park adjacent to the State Beach for public use.
Development pursuant to the Vision Plan would supply needed housing in the City of
Carlsbad, thereby helping to meet the needs of the region's growing population. The project
will also increase the stock of new homes in the region, thereby providing a wider range of
housing stock than currently exists.
Development pursuant to the Vision Plan would provide recreational opportunities in the
area, including recreational facilities available to the general public, through the development
of the project's public and private multi-use trail system. The Vision Plan trails system
includes additional routes and linkages for the Coastal Rail Trail.
Finding of Public Safety Benefit
Development pursuant to the Vision Plan would result in a benefit to public safety by
constructing a pedestrian underpass (with handicapped access ramp), which would safely
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 13 August 2007 So
move residents and visitors from the Ponto Beachfront Village to the beach area without
crossing Carlsbad Boulevard Traffic.
The City Council specifically finds that any one of the benefits detailed above is sufficient,
standing alone, to justify approval of the Ponto Beachfront Village Vision Plan in accordance
with State CEQA Guidelines Sections 15092 and 15093 and CEQA Section 21081.
Documents related to these findings are available for review at the City of Carlsbad, City
Planning Department, 1635 Faraday Avenue Carlsbad, CA 92008.
The City of Carlsbad City Council has adopted Findings Regarding Significant Effects for
the above project, which identify that certain significant effects of implementing the project
are unavoidable, even after incorporation of any feasible mitigation measures. The City
Council finds that the remaining unavoidable significant effects are acceptable due to each of
the specific economic, legal, social, technological or other benefits which will result from the
approval and implementation of the project, as described above. All of these benefits are
based on the facts set forth in the Findings Regarding Significant Effects, the Final EIR, and
the record of proceedings for this Project. Each of these benefits is a separate and
independent basis that justifies approval of the project, so that if a court were to set aside the
determination that any particular benefit will occur and justifies project approval, the City
Council determines that it would stand by its determination that the remaining benefits are
sufficient to warrant project approval.
Ponto Beachfront Village Vision Plan EIR City of Carlsbad
CEQA Findings Regarding Significant Effects 14 August 2007
Mitigation Monitoring and Reporting Program
for the
Ponto Beachfront Village Vision Plan
Final Program Environmental Impact Report
(SCH#2007031141/EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01)
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, California 92008
August 2007
W
H
W
I
03
TABLE OF CONTENTS
SECTION
Introduction 3
Air Quality (Section 5.1) 5
Biological Resources (Section 5.2) 10
Cultural and Paleontological Resources (Section 5.3) 18
Hazards and Hazardous Materials (Section 5.4) 23
Noise (Section 5.5) 30
Traffic and Circulation (Sections 5.6 and 7.1.7) 35
APPENDICES
Appendix A
City of Carlsbad HMP Designations
Appendix B
EIR Biology Mitigation Tables (Tables 5.2-7 to 5.2-9)
Appendix C
Traffic Fair-Share Contribution Methodology
Ponto Beachfront Village Vision Plan Final EIR 1 . ' August 2007
C T~\
0-:
MITIGATION MONITORING AND REPORTING PROGRAM
THIS PAGE LEFT BLANK INTENTIONALLY.
Ponto Beachfront Village Vision Plan EIR 2 ' August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
Ponto Beachfront Village Vision Plan
INTRODUCTION
PURPOSE
The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to identify the mitigation measures that were given in
the Ponto Beachfront Village Vision Plan Final EIR and provide an implementation mechanism to ensure that mitigation is
implemented and monitored as proposed. Mitigation measures will be adopted by the City of Carlsbad, who will act as the Lead
Agency, upon certification of the Final EIR.
The Final EIR prepared for the Ponto Beachfront Village Vision Plan identifies significant impacts anticipated with implementation of
the Vision Plan and gives mitigation measures to reduce such impacts to less than significant, or to the extent practicable. As the
Vision Plan provides a vision, or guide, for future development of the approximately 50-acre Ponto Area, and would not directly result
in development of the site, mitigation measures would be implemented at varying times, as identified in the following table (see Table
1).
The MMRP is prepared consistent with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California
Environmental Quality Act (CEQA) Guidelines. As required by Section 21081.6, the Lead Agency is assigned with monitoring
responsibilities to ensure that implementation of the mitigation measures occurs and to evaluate performance of such measures, as
well as to enforce such measures as appropriate.
FORMAT
The following headings represent the column headings in Table 1. The Final EIR provides mitigation measures for the following issue
areas: 1) Air Quality; 2) Biological Resources; 3) Cultural Resources; 4) Hazards; and, 5) Noise. Within Table 1, the following are
identified for each mitigation measure given:
Responsible Monitoring Party
The Responsible Monitoring Party is the person or entity that would be responsible for ensuring that the mitigation measures are
effectively implemented as proposed to reduce project-related impacts. The main responsible monitoring party for the Ponto
Beachfront Village Vision Plan MMRP is the City of Carlsbad, with additional monitoring responsibilities assigned to the U.S. Fish
Ponto Beachfront Village Vision Plan EIR 3 ' August 2007
V'l
ft,
MITIGATION MONITORING AND REPORTING PROGRAM
and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the San Diego County Department of
Environmental Health as appropriate.
Required Time of Application
The approximately 50-acre Ponto Area would be developed over future years. As such, mitigation measures would be implemented at
varying times, as individual landowners submit applications for development. All mitigation measures would be implemented during
the application or improvement processes, and would be completed prior to project completion.
Monitoring Frequency
This column identifies at what time intervals monitoring would occur to ensure that a particular mitigation measure has been
implemented and that it is effectively achieving the intended result. Monitoring frequency will vary, based on the nature of the
mitigation measure, and may occur as a one-time event, or over a period of time. Table 1 identifies the monitoring frequency for each
mitigation measure, as appropriate.
Show on Plan/Completion Date
This column identifies the location of where implementation of the mitigation measure is to occur. Upon completion of the mitigation
measure, the Responsible Monitoring Party will complete this column by entering the approver's initials and the date that the
mitigation was completed.
Ponto Beachfront Village Vision Plan EIR 4 ' August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
TABLE 1
MITIGATION MONITORING / REPORTING TASKS
Mitigation Measure
Responsible
Monitoring
Party
Air Quality (Section 5.1)
impact AQ-1:
The proposed
project was found
to have a
significant and
unavoidable air
quality impact
(fugitive dust) as
the result of
clearing, grading,
and earth moving
operations.
(Cannot be
mitigated to Less
than Significant)
Short-Term (Construction) Impacts
AQ-1 During clearing, grading, earth-moving, or excavation
operations, excessive fugitive dust emissions shall be
controlled by regular watering or other dust preventive
measures using the following procedures:
• Onsite vehicle speed shall be limited to 15 miles per
hour;
• All onsite construction roads with vehicle traffic
shall be watered periodically;
• Streets adjacent to the Ponto Area shall be swept as
needed to remove silt that may have accumulated
from construction activities so as to prevent
excessive amounts of dust;
• All material excavated or graded shall be
sufficiently watered to prevent excessive amounts of
dust. Watering shall occur at least twice daily with
complete coverage, preferably in the late morning
and after work is done for the day;
• All clearing, grading, earth-moving, or excavation
activities shall cease during periods of high winds
(i.e., greater than 35 miles per hour averaged over
one hour) so as to prevent excessive amounts of
dust;
• All material transported onsite or offsite shall be
either sufficiently watered or securely covered to
prevent excessive amounts of dust;
City
Engineering
Department
Required Time
of Application
Prior to issuance
of grading
permits.
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Ongoing,
periodic
inspection
during project
construction.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact AQ-2:
The proposed
project was found
to have a
significant and
unavoidable air
quality impact
(fugitive dust) as
the result of
trucks hauling
material on and
offsite. (Cannot
be mitigated to
Less than
Significant)
Mitigation Measure
• The area disturbed by clearing, grading, earth-
moving, or excavation operations shall be
minimized so as to prevent excessive amounts of
dust; and,
• These control techniques shall be indicated on
project grading plans. Compliance with this measure
shall be subject to periodic site inspections by the
City of Carlsbad.
AQ-2 All trucks hauling excavated or graded material onsite
shall comply with State Vehicle Code Section 23114,
with special attention to Sections 23114(b)(F), (e)(2)
J / \/ /I \ JJ A' *l. *" •£* I.and (e)(4), as amended, regarding the prevention or such
material spilling onto public streets.
Responsible
Monitoring
Party
•
City
Engineering
Department
,
Required Time
of Application
Prior to issuance
of grading
permits.
Monitoring
Frequency
Ongoing,
periodic
inspection
i • .during project
construction.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact AQ-3:
The proposed
project was found
to have a
significant and
unavoidable air
quality impact
(fugitive dust) as
the result of
construction
equipment onsite.
(Cannot be
mitigated to Less
than Significant)
Impact AQ-4:
The proposed
project was found
to have a
significant air
quality impact
(asbestos) as the
result of
demolition
activities.
Mitigation Measure
AQ-3 During construction activities, excessive construction
equipment and vehicle exhaust emissions shall be
controlled by implementing the following procedures:
• Properly and routinely maintain all construction
equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
• Shut down equipment when not in use for extended
periods of time to reduce emissions associated with
idling engines.
• Encourage ride sharing and use of transit
transportation for construction employee commuting
to the Project sites.
• Use electric equipment for construction whenever
possible in lieu of fossil fuel-fired equipment.
• Curtail construction during periods of high ambient
pollutant concentrations; this may include ceasing
construction activity during the peak-hour of
vehicular traffic on adjacent roadways.
Short-Term (Construction) Impacts
AQ-4 The construction contractor shall adhere to SDAPCD
District Rule 361.150 (Standards for Waste Disposal
for Manufacturing, Fabricating, Demolition,
Renovation, and Spraying Operations) to regulate
asbestos emissions as a result of demolition activities.
Responsible
Monitoring
Party
City
Engineering
Department
City Planning
Department
Required Time
of Application
Prior to issuance
of grading
permits.
Prior to
demolition
activities.
Monitoring
Frequency
Ongoing,
periodic
inspection
during project
construction.
Ongoing,
periodic
inspection
during
demolition
activities.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact AQ-5:
The proposed
project was found
to have a
significant air
quality impact as
the result of
architectural
improvements
(volatile organic
compounds).
Impact AQ-6:
The proposed
project was found
to have a
significant and
unavoidable air
quality impact as
tVif* fp^ull" 01lilC ICDUll VJ1
operational
emissions that
would exceed the
SDAPCD
thresholds in
regards to ROGs
and PM,0.
(Cannot be
mitigated to Less
than Significant)
Mitigation Measure
AQ-5 The construction contractor shall adhere to SDAPCD
District Rule 67.0 (Architectural Coatings) to limit
volatile organic compounds from architectural coatings.
This rule specifies architectural coatings storage, clean
up and labeling requirements.
Long-Term (Operational) Impacts
AQ-6 Prior to approval of site development plans for future
development within the Ponto Area, the City shall
ensure that all of the operational mitigation measures
identified below are identified and included as part of
the project development plans, as applicable. These
measures shall be implemented by the project applicant
of each individual project when development plans are
proposed, and shall be verified by the City of Carlsbad
Planning Department.
• The City shall recommend that the proposed
surrounding commercial facilities which incorporate
gas stations utilize pumps dispensing oxygenated
gasoline (especially during winter months, typically
taken as November through February inclusive) in
an effort to reduce overall CO emissions within the
air basin due to traffic traveling to and from the
project site. In addition, the City shall recommend
that workers at surrounding commercial facilities
participate in ride-share programs and seek alternate
forms of transportation to the site.
Responsible
Monitoring
Party
City Planning
Department
City Planning
Department
Required Time
of Application
Prior to
application of
architectural
coatings on
structures. Show
on architectural
plans.r
Prior to approval
of Site
Development
Plans for
individual land
ownerships.
Monitoring
Frequency
Ongoing,
periodic
inspection
t •during
application of
architectural
coatings.O
Once, upon
approval of
Site
Development
Plans for
individual land
ownerships.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR August 2007
o
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
• Future onsite commercial land uses shall implement
design measures that promote the use of alternative
modes of transportation, such as:
Mixed-use development (combine residential,
retail, employment, and commercial).
Sidewalks; safe street and parking lot crossings;
showers and locker rooms; sheltered transit
stops; theft-proof well-lighted bicycle storage
facilities with convenient access to building
entrance; carpools and vanpbols.
Onsite services to reduce need for offsite travel
such as: childcare; telecommute center; retail
stores; postal machines; and automatic teller
machines.
Commercial and retail businesses should be
encouraged to schedule operations during off-
peak travel times; adjust business hours; and
allow alternative work schedules,
telecommuting.
Provide preferential parking for carpool/vanpool
vehicles.
Construct transit facilities such as bus
turnouts/bus bulbs, benches, shelters, etc.
Provide direct, safe, attractive pedestrian access
from project to transit stops and adjacent
development.
• Increase wall and attic insulation beyond Title 24
requirements.
• Plant shade trees in surface parking lots to reduce
evaporative emissions from parked vehicles.
Responsible
Monitoring
Party
*
Required Time
of Application
Monitoring
Frequency
Shown on
Plans/
Completion
Date
Ponto Beachfront Village Vision Plan EIR August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
• Use lighting controls and energy-efficient interior
lighting, and built-in energy efficient appliances.
• Use double-paned windows.
• Use energy-efficient low sodium parking lot and
streetlights.
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Biological Resources (Section 5.2)
Impacts B-la to
B-lg: The
proposed project
was found to have
a significant
impact on
sensitive
biological
resources
including
southern willow, ,scrub, southern
coastal bluff
scrub, Diegan
coastal sage
scrub, eucalyptus
woodland, and
disturbed habitat.
Sensitive Vegetation Communities
B-la Impacts to 0.04 acre of southern willow scrub shall be
mitigated at a 3:1 ratio either through offsite creation
(1:1 ratio) and enhancement (2:1 ratio) or offsite
acquisition (3:1 ratio of 0.12 acre of southern willow
scrub credit at a wetland mitigation bank. If credits are
not purchased, a Restoration Plan for habitat creation
and enhancement shall be submitted to the USFWS,
CDFG, and City for approval prior to issuance of any
grading or construction permits and prior to approval of
f 1final map.
B-lb Impacts to 0.1 acre of southern coastal bluff scrub
(including disturbed) shall be mitigated at a 3:1 ratio
either through offsite creation (1:1 ratio) and
enhancement (2:1 ratio) or offsite acquisition (3:1 ratio)
of 0.3 acre of southern coastal bluff scrub at an
approved mitigation bank. If credits are not purchased, a
Restoration Plan for habitat creation and enhancement
shall be submitted to the USFWS, CDFG, and City for
approval prior to issuance of any grading or construction
permits and prior to approval of final map.
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
See Appendices
AandB:
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
See Appendices
A and B.
Prior to
recordation of the
final map or prior
to issuance of a
construction or
grading permit,
whichever occurs
first.
Prior to
recordation of the
final map or prior
to issuance of a
construction or
grading permit,
whichever occurs
first.
Once, upon
completion.
Once, upon
completion.
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 10 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
B-lc Impacts to 1.2 acres of unoccupied Diegan coastal sage
scrub (including disturbed) shall be mitigated at a 2:1
ratio through creation at a minimum 1:1 ratio (to meet
the no net loss policy of Diegan coastal sage scrub
within the coastal zone) and either creation or offsite
acquisition at a 1:1 ratio. If credits are not purchased, a
Restoration Plan for habitat creation and enhancement
shall be submitted to the USFWS, CDFG, and City for
approval prior to issuance of any grading or construction
permits and prior to approval of final map.
B-ld Impacts to 0.3 acre of eucalyptus woodland shall be
mitigated with payment of a fee into the City's Habitat
In Lieu Mitigation Fee fund, consistent with the City's
fee schedule at the time of permit issuance. The City has
adopted an In-lieu Mitigation Fee, consistent with
Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for
impacts to certain categories of vegetation and animal
species. All development projects within the Ponto Area
shall be required to pay the fee in order to be found
consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General
Plan. The fee shall be paid prior to recordation of a final
map or issuance of a grading permit or building permit,
whichever occurs first.
Responsible
Monitoring
—X
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
See Appendices
A and B.
City Planning
Department
See Appendices
A andB.
Required Time
of Application
Prior to
recordation of the
final map or prior
to issuance of a
grading or
construction
permit,
whichever occurs
first.
Prior to
recordation of a
final map or
issuance of a
grading permit or
building permit,
whichever occurs
first.
Monitoring
Frequency
Once, upon
completion.
Once, upon
contribution.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 11 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
B-le Impacts to 21.1 acres of disturbed habitat shall be
mitigated with payment of a fee into the City's Habitat
In Lieu Mitigation Fee fund, consistent with the City's
fee schedule at the time of permit issuance. The City has
adopted an In-lieu Mitigation Fee, consistent with
Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for
impacts to certain categories of vegetation and animal
species. All development projects within the Ponto Area
shall be required to pay the fee in order to be found
consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General
Plan. The fee shall be paid prior to recordation of a final
map or issuance of a grading permit or building permit,
whichever occurs first.
B-lf If restoration for impacts to southern willow scrub,
southern coastal bluff scrub, and/or Diegan coastal sage
scrub occurs, the project applicant shall execute and
record a perpetual biological conservation easement
over habitat to be preserved for project-related
mitigation. The easement shall be in favor of an agent
approved by the USFWS and CDFG. Either the
USFWS or CDFG shall be named as third party
beneficiary. Further, the project applicant shall prepare
and implement a perpetual management, maintenance,
and monitoring plan for all biological conservation
easements. The project applicant shall also provide a
non-wasting endowment for an amount approved by the
USFWS and CDFG (based on a cost estimation method)
to secure the ongoing funding for the perpetual
management, maintenance, and monitoring of biological
conservation easement areas.
Responsible
Monitoring
Party
City Planning
Department
See Appendices
A andB.
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
•
Required Time
of Application
Prior to
recordation of a
final map or
issuance of a
grading permit or
building permit.
Prior to
recordation of the
final map or prior
to issuance of a
grading permit or
building permit,
whichever occurs
first.
Monitoring
Frequency
Once, upon
contribution.
Once, upon
completion.
Shown onn« H« /rlans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 12 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impacts B-2a
and 2b: The
proposed project
was found to have
a significant
impact on Corps
jurisdictional
wetlands, non-
wetland Waters of
the U.S, CDFG
jurisdictional
wetlands, and
CDFG
jurisdictional
streambed.
Impact B-3: The
proposed project
was found to have
a significant
impact on
sensitive
biological
resources from
construction
noise.
Mitigation Measure
B-lg Project-specific development shall be required to
comply with the provisions of Section 7-11 (Buffers and
Fuel management) and Section 7-12 (Grading and
Landscaping Requirements) of the City's HMP.
Jurisdictional Areas
B-2a Impacts to 0.04 acre of Corps jurisdictional wetlands
and 0.1 1 acre of non- wetland Waters of the U.S. shall be
mitigated by the creation and/or enhancement of 0.23
acre of jurisdictional areas offsite at 3:1 and 1:1 ratio,
respectively, as determined by the resource agencies.
B-2b Impacts to 0.04 acre of CDFG jurisdictional wetlands
and 0.17 acre of CDFG jurisdictional streambed shall be
mitigated by the creation and/or enhancement of 0.29
acre of jurisdictional areas offsite at 3:1 and 1:1 ratio,
respectively, as determined by the resource agencies.
Construction Noise
B-3a No grubbing, grading, or clearing within 500 feet of
occupied Diegan coastal sage scrub during the coastal
California gnatcatcher breeding season (March 1
through August 15) shall occur. As such, all grading
permits, improvement plans, and the final map shall
state the same. If grubbing, grading, or clearing is
proposed during the coastal California gnatcatcher
breeding season, a pre-construction survey shall be
conducted to determine if this species occurs within the
Responsible
Monitoring
Party
City Planning
Department
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
City Planning
Department -
Planning
Director in
consultation
with the
Wildlife
Agencies
City Planning
Department /
Wildlife
Agencies
Required Time
of Application
Prior to
recordation of a
final map or
issuance of a
grading permit.
Prior to
recordation of the
final map or prior
to issuance of a
grading permit,
whichever occurs
first.
Prior to
recordation of the
final map or prior
to issuance of a
grading permit,
whichever occurs
first.
Prior to issuance
of grading permit
and during
construction if
work is proposed
within 500 ft of
suitable habitat
during the
breeding season
(March 1 through
Monitoring
Frequency
Once, upon
completion.
Once, upon
completion.
Once, upon
completion.
Ongoing
inspection
during
clearing,
grading and
construction
activities in the
vicinity of
sensitive
biological open
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 13 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
areas impacted by noise (either within 500 feet or where
noise is greater than 60 dB Leq or the ambient noise
level). If there are no coastal California gnatcatchers
nesting (includes nest building or other breeding/nesting
behavior) within this impact area, development shall be
allowed to proceed. However, if coastal California
• gnatcatchers are observed nesting or displaying
breeding/nesting behavior within the area, construction
shall (1) be postponed until all nesting (or
breeding/nesting behavior) has ceased or until after
August 15; or (2) a temporary noise barrier or berm
shall be constructed at the edge of the development
footprint to ensure that noise levels are reduced to below
60 dB Leq. Alternatively, the use of construction
equipment could be scheduled to keep noise levels
below 60 dB Leq, or the ambient noise level, in lieu of
or in concert with a wall or other noise barrier.
B-3b No grubbing, grading, or clearing within 500 feet of the
Least Tern Preserve during the least tern breeding
season (April through September) shall occur. As such,
all grading permits, improvement plans, and the final
map shall state the same. If grubbing, grading, or
clearing is proposed during the least tern breeding
season, a noise study shall be conducted to determine if
construction noise would be greater than 60 dB Leq or
the ambient noise level within the Least Tern Preserve.
If the noise level within this impact area exceeds 60 dB
Leq or the ambient noise level within the Least Tern
Responsible
Monitoring
Party
City Planning
Department /
Wildlife
Agencies
Required Time
of Application
August 15).
Hire qualified
biological
monitor prior to
clearing, grading,
and grubbing
activities.
Monitor present
during initial
clearing and
grubbing of
habitat.
Surveys no more
than 7 days prior
to performing
vegetation
clearing/grubbing
and one survey
the day prior to
initiation of
remaining work.
Prior to issuance
of grading permit
and during
construction if
work is proposed
within 500 feet
of suitable
habitat during the
breeding season
(April through
September 30).
Monitoring
Frequency
space areas.
Ongoing
inspection
during
clearing,
grading and
construction
activities in the
vicinity of
sensitive
biological open
space areas.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 14 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
Preserve, construction shall (1) be postponed until all
nesting (or breeding/nesting behavior) has ceased or
until after September 30; or (2) a temporary noise
barrier or berm shall be constructed at the edge of the
development footprint to ensure that noise levels are
reduced to below 60 dB Leq or the ambient noise level.
Alternatively, the use of construction equipment could
be scheduled to keep noise levels below 60 dB Leq, or
the ambient noise level, in concert with a wall or other
noise barrier.
B-3c No grubbing, grading, or clearing within 500 feet of
raptor nesting habitat (such as eucalyptus trees) during
the raptor breeding season (December through July)
shall occur. As such, all grading permits, improvement
plans, and the final map shall state the same. If
grubbing, grading, or clearing is proposed during the
raptor breeding season, a pre-construction survey shall
be conducted to determine if these species occur within
the areas impacted by noise (either within 500 feet or
where noise is greater than 60 dB L^, or the ambient
noise level). If there are no raptors nesting (includes nest
building or other breeding/nesting behavior) within this
area, development shall be allowed to proceed.
However, if raptors are observed nesting or displaying
breeding/nesting behavior within the area, construction
shall (1) be postponed until all nesting (or
breeding/nesting behavior) has ceased or until after July
15; or (2) a temporary noise barrier or berm shall be
constructed at the edge of the development footprint to
ensure that noise levels are reduced to below 60 dB Leq
or the ambient noise level. Alternatively, the use of
construction equipment could be scheduled to keep
noise levels below 60 dB Leqi or the ambient noise level,
in lieu of or in concert with a wall or other noise barrier.
Responsible
Monitoring
Party
City Planning
Department /
Wildlife
Agencies
"
Required Time
of Application
Hire qualified
biological
monitor prior to
clearing, grading,
and grubbing
activities.
Prior to issuance
of grading permit
and during
construction if
work is proposed
within 500 feet
of suitable
habitat during the
breeding season
(December
through July 15).
Hire qualified
biological
monitor prior to
clearing, grading,
and grubbing
activities.
Surveys to be
completed prior
to grading or
construction.
Monitoring
Frequency
Ongoing
inspection
during
clearing,
grading and
construction
activities in the
vicinity of
sensitive
biological open
space areas.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 15 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact B-4: The
proposed project
was found to have
a significant
impact regarding
harm from
domesticated
animals on
wildlife.
Mitigation Measure
B-3d In order to ensure compliance with the MBTA, clearing
of all vegetation shall occur outside of the breeding
season of most avian species (February 15 through
September 15). Grubbing, grading, or clearing during
the breeding season of MBTA-covered species could
occur if it is determined via a pre-construction survey
that no nesting birds (or birds displaying breeding or
nesting behavior) are present immediately prior to
grubbing, grading, or clearing and would require
approval of the City, USFWS, and CDFG that no
breeding or nesting avian species are present in the
vicinity of the grubbing, grading, or clearing.
Domesticated Pets
B-4 Each Homeowner's Association (HOA; for residential
projects), property owners (for all non-residential
projects), and the City of Carlsbad (for public spaces)
shall be responsible for taking steps to prevent problems
from nuisance animals and pets by an integrated
program of education; signage; litter and refuse
collection; prohibition against feeding wildlife, pest-
proof refuse containers; pest eradication (as necessary),
and coordination with CDFG and other habitat managers
as necessary. In addition, permanent fencing, approved
by the USFWS and CDFG, shall be provided along the
top of slope overlooking Batiquitos Lagoon to reduce
intrusion into the lagoon by pets.
Responsible
Monitoring
Party
City Planning
Department /
Wildlife
Agencies
"*
City Planning
Department
Required Time
of Application
Prior to issuance
of grading permit
and during
construction if
work is proposed
within 500 feet
of suitable
habitat during the
breeding season
(February 15
.« |through
September 15).
Hire qualified
biological
monitor prior to
clearing, grading,
and grubbing
activities.
Prior to approval
of final map or
issuance of
j • • ,grading permit.
Monitoring
Frequency
Ongoing
inspection
during
clearing,
grading and
construction
activities in the
vicinity of
sensitive
biological open
space areas.
Ongoing
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 16 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact B-5: The
proposed project
was found to have
a significant
impact on
sensitive
biological
resources from
night lighting.
Impact B-6: The
proposed project
was found to have
a significant
impact on
sensitive
biological
resources from
errant
construction.
Mitigation Measure
Night Lighting
B-5 Outdoor lighting proposed with development of lands
adjacent to preserved habitat (i.e. Resort Hotel) shall be
of the lowest illumination allowed for human safety,
selectively placed, shielded, and directed away from
preserved habitat. Outdoor lighting proposed with
development plans for such lands shall be reviewed and
approved by the City as part of the application review
process to reduce potential impacts relative to light and
glare.
Errant Construction
B-6 During the construction period, limits of grading and
clearing shall be clearly delineated with temporary
fencing such as orange construction and silt fencing to
ensure that construction activity remains within the
defined limits of disturbance according to the grading
plan. All temporary fencing shall be placed on the
impact side of the interface. A qualified biologist shall
inspect the fencing and shall monitor construction
activities occurring adjacent to the construction limits to
avoid unauthorized impacts. Unauthorized impacts shall
be reported to the USFWS, CDFG, and City within 24
hours of occurrence and shall be mitigated at a 5:1 ratio.
Temporary fencing shall be removed only after the
conclusion of all grading, clearing, and construction.
Responsible
Monitoring
Party
City Planning
Department
City
Engineering
and Planning
Departments
Required Time
of Application
Prior to approval
of final map or
issuance of
grading or
building permits.
Include in
conditions of
approval for
residential and
commercial
development
areas that lights
shall be shielded
to prevent light
spillover.
Hire qualified
biological
monitor prior to
construction
activities.
Notification by
developers at
commencement
of construction.
Monitoring
Frequency
Once, upon
approval of
Site
Development
Plans for
individual land
ownerships.
Ongoing,
through
construction.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 17 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Responsible
Monitoring
Party
Required Time
of Application
Cultural and Paleontological Resources (Section 5.3)
Impact CR-l:
The proposed
project was found
to have a
significant impact
on cultural
resources as the
result of future
site improvement
activities.
Development of the Ponto site could potentially result in
significant impacts to undiscovered archaeological resources
during the grading and construction phases. To reduce impacts
to less than significant, the following mitigation measure is
proposed:
Data Recovery Program
CR-l Prior to issuance of any Grading Permits or approval of
improvement plans, the applicant shall:
A. Implement a Data Recovery Program, in compliance
with the City of Carlsbad's Cultural Resource
Guidelines Criteria and Methodology, to mitigate
potential impacts to undiscovered buried archaeological
resources on properties located within the Ponto Area to
the satisfaction of the Planning Director. This program
shall include, but shall not be limited to, the following
actions:
1. Provide evidence to the Planning Department that a
qualified archaeologist and/or archaeological
monitor has been contracted to implement a grading,
trenching, brushing monitoring and data recovery
program to the satisfaction of the Planning Director.
A copy of the contract as well as a letter from the
applicant and the archaeologist and/or
archaeological monitor shall be submitted to the
director of Planning Director. The contract shall
include the following guidelines:
a. The consulting archaeologist shall contract with
a Native American monitor to be involved with
the grading monitoring program.
City Planning
Department
Hire qualified
archaeologist
prior to issuance
of a grading
permit.
Monitoring
throughout
grading
operations.
Technical report
upon completion
of grading
activities.
Monitoring
Frequency
Ongoing
throughout
grading
operations.
Shown on
Plans/
Completion
/Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 18 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
b. The consulting archaeologist/historian and
Native American monitor shall attend the pre-
grading meeting with the contractors to explain
and coordinate the requirements of the
monitoring program.
c. The consulting archaeologist shall monitor all
areas identified for development.
d. An adequate number of monitors
(archaeological/historical/ Native American)
shall be present to ensure that all earth moving
activities area are observed and shall be onsite
during all grading activities.
e. During the original cutting of previously
undisturbed deposits, the archaeological
monitor(s) and Native American monitor shall
be onsite full-time to perform full-time
monitoring as determined by the Principal
Investigator of the excavations. The frequency
of inspections will depend on the rate of
excavation, the materials excavated, and the
presence and abundance of artifacts and
features.
f. Isolates and clearly non-significant deposits will
be minimally documented in the field and the
monitored grading can proceed.
g. In the event that previously unidentified
potentially significant cultural resources are
discovered, the archaeological monitor(s) shall
have the authority to divert or temporarily halt
ground disturbance operations in the area of
discovery to allow evaluation of potentially
significant cultural resources. The archaeologist
Responsible
Monitoring
Party
*
Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Ponto Beachfront Village Vision Plan EIR 19 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
shall contact the City at the time of discovery.
The archaeologist, in consultation with the City,
shall determine the significance of the
discovered resources. The City must concur
with the evaluation before construction
activities will be allowed to resume in the
affected area. For significant cultural resources,
a Data Recovery Program to mitigate impacts
shall be prepared by the consulting
archaeologist and approved by the City, then
carried out using professional archaeological
methods.
h. If any human bones are discovered, the
Principal Investigator shall contact the City
Coroner. In the event that the remains are
determined to be of Native American origin, the
Most Likely Descendant, as identified by the
Native American Heritage Commission, shall be
contacted in order to determine proper treatment
and disposition of the remains.
i. Before construction activities are allowed to
resume in the affected area, the artifacts shall be
recovered and features recorded using
professional archaeological methods. The
archaeological monitor(s)/Principal Investigator
shall determine the amount of material to be
recovered for an adequate sample for analysis.
j. In the event that previously unidentified cultural
resources are discovered, all cultural material
collected during the grading monitoring
program and all previous archaeological studies
shall be processed and curated according to
current professional repository standards. The
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Ponto Beachfront Village Vision Plan EIR 20 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
collections and associated records shall be
transferred, including release of title, to a
permanently curated at a qualified repository as
defined by the "State of California Guidelines
for the Curation of Archaeological Collections."
The affected landowner shall agree to pay such
fees as required for curation that are in effect for
the selected repository at the time of curation.
Evidence must be provided to the satisfaction of
the Planning Director and that all fees have been
paid. All curation activities shall be completed
within six months of project completion.
k. In the event that previously unidentified cultural
resources are discovered, a report documenting
the field and analysis results and interpreting the
artifact and research data within the research
context shall be completed and submitted to the
satisfaction of the director Planning Director
prior to the issuance of any building permits.
1. In the event that no cultural resources are
discovered, a brief letter to that effect shall be
sent to the Planning Director by the consulting
archaeologist that the grading monitoring
activities have been completed.
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Ponto Beachfront Village Vision Plan EIR 21 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact CR-2:
The proposed
project was found
to have a
significant impact
on
paleontological
resources as the
result of future
site improvement
activities.
Mitigation Measure
Short Term
CR-2: Prior to issuance of grading permits and approval of
improvement plans pursuant to approval of any map, the
applicant shall retain a qualified paleontologist to
monitor the site during grading. The applicant shall
provide evidence to the satisfaction of the Planning
Director of contracting with a paleontologist through a
letter prepared by the paleontologist that states he/she
has been retained by the applicant. The paleontologist
shall attend all pre-grading meetings to consult with
grading contractors.
A paleontological monitor shall be present onsite during
all grading operations to evaluate the presence of fossils.
The paleontologist shall have the authority to direct,
divert, or halt any grading activity until such time that
the sensitivity of the resource can be determined and the
appropriate mitigation implemented.
Prior to approval of the Final Map, the applicant shall
furnish documentary evidence to the satisfaction of the
Planning Director that prepared fossils, along with
copies of field notes, photos, and maps have been
deposited in a scientific institution, such as the San
Diego Natural History Museum.
Responsible
Monitoring
Party
City Planning
Department
Required Time
of Application
Hire qualified
paleontologist
prior to issuance
of a grading
permit.
MonitoringO
throughout
grading
operations.
Technical report
upon completion
of grading
activities.
Monitoring
Frequency
Ongoing
throughout
grading
operations.
Shown on
Plans /
Completion
Date
Verification:
T")atp TnitJ-/CHt ALlll.
Name
Ponto Beachfront Village Vision Plan EIR 22 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
BlflB^^_^_^^^^_M_^^^^BHl^^^^BH^^_^_l^^^M^_HHB^^_^_HM^^^_^^IHHMH^^_^H_^B^_^HH^^^^_^M.l^^^_MIMI
Responsible
Monitoring
Party
^^^_^_BH_>^H_.^^^^^^^_^_Mi
Required Time
of Application
l^H^_^M^^H^_^MM_H|^^^^_gHl_
Monitoring
Frequency
Sthnwn nnLJ11VTT11 UU
Plans /
Completion
Date
Hazards and Hazardous Materials (Section 5.4)
Impact HM-1:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite.
Structures
HM-1 Prior to the commencement of demolition or renovation
activities, the interior of individual onsite structures
within the Ponto Area shall be visually inspected.
Should hazardous materials be encountered with any
onsite structure, the materials shall be tested and
properly disposed of offsite in accordance with State
and Federal regulatory requirements. Any stained soils
or surfaces underneath the removed materials shall be
sampled. Results of the sampling would indicate the
appropriate level of remediation efforts that may be
required.
City Planning
and Building
Departments
City Planning
and
Engineering
Departments
Prior to issuance
of a demolition
permit.
Verification of
removal of
hazardous
materials.
Once, upon
completion.
Once, upon
completion.
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 23 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-2:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(asbestos-
containing
materials).
Impact HM-3:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(lead-based
paints).
Mitigation Measure
Asbestos Containing Materials
HM-2 Prior to the commencement of any remedial or
demolition work, building owners shall contract with a
certified professional to conduct an asbestos survey,
consistent with National Emission Standards for
Hazardous Air Pollutants (NESHAP) standards to
determine the presence of ACMs. Demolition of or
within existing buildings on individual parcels onsite
must comply with State law, which requires a certified
contractor where there is asbestos-related work
involving 100 square feet of more of ACMs to ensure
that certain procedures regarding the removal of
asbestos are followed.
Lead Based Paints
HM-3 If, during demolition of any onsite structures on
individual parcels, paint is separated from the building
material (e.g., chemically or physically), the paint waste
shall be evaluated independently from the building
material to determine its proper management. According
to the Department of Substances Control, if paint is not
removed from the building material during demolition
(and is not chipping or peeling), the material could be
disposed of as construction debris (a non-hazardous
waste). It is recommended that the landfill operator be
contacted in advance to determine any specific
requirements for the disposal of lead-based paint
materials.
Responsible
Monitoring
Party
City Planning
and Building
Departments
City Planning
and
Engineering
Departments
City Planning
and Building
Departments
City Planning
and
Engineering
Departments
Required Time
of Application
Asbestos
investigation
report shall be
submitted prior
to issuance of a
demolition
permit.
Verification of
removal of
hazardous
materials.
Asbestos
investigation
report shall be
submitted prior
to issuance of a
demolition
permit.
Verification of
removal of
hazardous
materials.
Monitoring
Frequency
Once, upon
completion.
Once, upon
completion.
Once, upon
completion.
Once, upon
completion.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 24 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-4:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(miscellaneous
j 1_ • \debris).
Impact HM-5:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(septic tanks).
Mitigation Measure
Other Hazardous Materials
Miscellaneous Debris
HM-4 Prior to issuance of a grading permit, all miscellaneous
debris (i.e., wood, concrete, 55-gallon drums,
miscellaneous household debris, automobiles, scrap
metal, construction equipment, paint cans, batteries, and
plastic and metal piping, etc.) shall be removed offsite
and properly disposed of at an approved landfill facility.
Once removed, a visual inspection of the areas beneath
the removed materials shall be performed. Any stained
soils observed underneath the removed materials shall
be sampled. Results of the sampling (if necessary)
would indicate the level of remediation efforts that shall
be required.
All light industrial equipment associated with hazardous
materials storage, mixing, and/or use (i.e., fume-hoods,
vents, piping, etc.) shall be properly disposed of in
accordance with State and Federal regulations at an
approved offsite landfill facility.
Septic Tanks
HM-5 Prior to the issuance of a grading permit, the specific
location of onsite septic tanks shall be determined. Once
located, septic tanks shall be removed and properly
disposed of at an approved offsite landfill facility. Once
the tanks are removed, a visual inspection of the areas
beneath and around the removed tanks shall be
performed. Any stained soils observed underneath the
septic tanks shall be sampled. Results of the sampling (if
necessary) would indicate the level or remediation
efforts that shall be required.
Responsible
Monitoring
Party
City Planning
and
Engineering
T--k . .Departments
-
City Planning
Department /
County
Department of
Environmental
Health
Required Time
of Application
Prior to issuance
of grading
permit.
Prior to issuance
of grading
permit.
Monitoring
Frequency
Ongoing
during initial
grubbing and
t •grading.
Ongoing
during initial
grubbing and
grading.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
XTName
Ponto Beachfront Village Vision Plan EIR 25 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-6:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(unidentified
pipes).
Impact HM-7:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(pole-mounted
transformers).
Mitigation Measure
Unidentified Pipes
HM-6 Prior to issuance of a grading permit, the terminus of all
existing, unidentified metal pipes within an individual
property shall be defined (as applicable). Should a UST
be present in association with such pipes, the UST shall
be removed and properly disposed of offsite at an
approved landfill facility. Once the UST is removed, a
visual inspection of the areas beneath and around the
removed UST shall be performed. Any stained soils
observed underneath the UST shall be sampled. As a
result of sampling (if necessary), the identified level of
remediation shall be required.
Pole-mounted Transformers
HM-7 Transformers and/or hydraulic lifts to be relocated
during site construction/demolition shall be conducted
under the purview of the local utility purveyor to
identify property-handling procedures regarding
potential PCBs.
Responsible
Monitoring
Party
City Planning
Department /
County
Department of
Environmental
Health
City Planning
Department
-
Required Time
of Application
Prior to issuance
of grading
permit.
Prior to issuance
of a building or
grading permit.
Monitoring
Frequency
Ongoing
during initial
grubbing and
grading.
Once, upon
completion.
Sihnwn nnOI1WY11 Uu
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 26 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-8:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(stained
concrete/asphalt).
Impact HM-9:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(above ground
storage tanks).
Impact HM-10:
The proposed
project was found
to have a
significant impact
as the result of
hazards/hazardous
materials onsite
(Unidentified
Soil/Gravel
Piles).
Mitigation Measure
Stained Concrete/Asphalt
HM-8 Prior to issuance of a grading permit, any stained
concrete/asphalt shall be removed and disposed of
offsite at an appropriate permitted facility. Once
removed, exposed soils shall be visually observed to
confirm the presence/absence of staining (an indication
of contamination migration into the subsurface). If
observed, stained soils shall be segregated and tested to
identify appropriate remedial activities if necessary
which shall then be implemented.
Above Ground Storage Tanks
HM-9 Prior to issuance of a grading permit, onsite ASTs shall
be removed and properly disposed of offsite at an
approved landfill facility. Once the ASTs are removed, a
visual inspection of the areas beneath and around the
removed ASTs shall be performed. Stained soils
observed underneath the ASTs shall be sampled. Results
of the sampling (if necessary) would indicate the level
of remediation efforts that shall be required
Unidentified Soil/Gravel Piles
HM-10 Prior to issuance of a grading permit, onsite soil/gravel
piles shall be removed from each individual property
and properly disposed of. Due to the unknown origin of
the soil/gravel piles, the piles shall be sampled and
tested for hazardous materials. Once removed, a visual
inspection of the areas beneath the removed materials
shall be performed. Any stained soils observed
underneath the removed materials shall be sampled.
Results of the sampling (if necessary) would indicate the
level of remediation efforts that shall be required
Responsible
Monitoring
Party
City Planning
and
Engineering
Departments
City Planning
Department /
County
Department of
Environmental
Health
City Planning
and
Engineering
Departments
Required Time
of Application
Verification of
removal of
hazardous
materials prior to
issuance of
grading permit.
Prior to issuance
of a grading
permit.
Verification of
removal of
hazardous
materials.
Prior to issuance
of a grading
permit.
Verification of
removal of
hazardous
.materials prior to
issuance of
grading permit.
Monitoring
Frequency
Once, upon
completion.
Once, upon
completion.
Once, upon
completion.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
_£>
Ponto Beachfront Village Vision Plan EIR 27 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-11:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(High Pressure
Gas Line).
Impact HM-12:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(storage units).
Impact HM-13:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(concrete
foundation).
Mitigation Measure
High Pressure Gas Line
HM-11 Prior to any excavation within the Ponto Area, the
exact location of the high-pressure gas line shall be
defined prior to the commencement of construction.
Any activities occurring within the gas line easement
shall be conducted pursuant to applicable guidelines and
regulations.
Storage Units
HM-12 Prior to demolition, the interior of the onsite storage
units shall be visually inspected prior to removal. The
storage units shall be removed and properly disposed of
offsite at an approved landfill facility. Once removed, a
visual inspection of the areas beneath the removed
materials shall be performed. Any stained soils observed
underneath the removed materials shall be sampled.
Results of the sampling (if necessary) would indicate the
level of remediation efforts that shall be required.
Concrete Foundation
HM-13 Prior to issuance of a grading permit, the affected owner
shall remove the existing concrete foundation in the
northern portion of the development area and properly
dispose of it at an approved offsite landfill facility. Once
removed, a visual inspection of the areas beneath the
removed materials shall be performed. Any stained soils
observed underneath the removed materials shall be
sampled. Results of the sampling (if necessary) would
indicate the level of remediation efforts that shall be
required.
Responsible
Monitoring
Party
City Planning
and
Engineering
Departments
City Planning
and
Engineering
Departments
City Planning
and
Engineering
Departments
Required Time
of Application
Prior to issuance
of a grading
permit.
Prior to
demolition
activities.
Verification of
removal of
hazardous
materials prior to
issuance of
grading permit.
Verification of
removal of
hazardous
materials prior to
issuance of
grading permit.
Monitoring
Frequency
Once, upon
completion.
Once, upon
completion.
Once, upon
completion.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
r-O
Ponto Beachfront Village Vision Plan EIR 28 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
HM-14a-c: The
proposed project
was found to have
a significant
impact as the
result of hazards
or hazardous
materials onsite
(soil sampling).
Mitigation Measure
Soil Sampling
HM-14a Prior to the issuance of a grading permit, where
surficial staining is visible associated with the
automobile and storage areas, soils shall be excavated to
determine the exact vertical extent of the contamination
(if any). If during soil removal, evidence of petroleum
products appears to continue below the ground surface,
sampling shall be performed characterize the extent of
contamination and identify appropriate remedial
measures that shall be implemented.
HM-14b If directed by the City, prior to issuance of a grading
permit, individual landowners shall contract with a
certified Phase II/III specialist to conduct soil sampling
to identify any pesticide residues in the soil related to
historic agricultural uses onsite. The sampling will
determine if pesticide concentrations exceed established
regulatory requirements and will identify proper
handling procedures that shall be required.
HM-14c Prior to issuance of a grading permit, construction in
which the soil around the historic railway alignment is to
be disturbed shall be conducted under the purview of the
local regulatory agency to identify presence of gasoline,
diesel, and/or creosote within the soils and to identify
proper handling procedures. A visual inspection of the
areas beneath and around the removed area shall be
performed. Any stained soils observed underneath the
adjacent area shall be sampled. Results of the sampling (if
necessary) would indicate the level of remediation efforts
that shall be required.
Responsible
Monitoring
Party
City Planning
and
Engineering
Departments
Required Time
of Application
Verification of
removal of
hazardous
materials prior to
issuance of
grading permit.
Monitoring
Frequency
Once, upon
completion.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 29 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact HM-15:
The proposed
project was found
to have a
significant impact
as the result of
hazards or
hazardous
materials onsite
(construction
activities).
Mitigation Measure
Construction Activities
HM-15 If unknown wastes or suspect materials are discovered
during construction on individual properties that are
believed to involve hazardous waste/materials, the
contractor shall:
• Immediately stop work in the vicinity of the
suspected contaminant, removing workers and the
public from the area;
• Notify the Project Engineer of the implementing
Agency;
• Secure the areas as directed by the Project Engineer;
and,
• Notify the implementing Agency's Hazardous
Waste/Materials Coordinator.
Responsible
Monitoring
Party
City Planning
and
Engineering
Departments
Required Time
of Application
Concurrent with
grading and
construction
activities.
Monitoring
Frequency
Ongoing
during grading
and
construction
activities.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Noise (Section 5.5)
Impact N-l: The
proposed project
could result in
significant and
unavoidable
short-term noise
impacts as the
result of
construction
activities.
(Cannot be
mitigated to Less
than Significant)
Short-Term (Construction) Impacts
N-l For all projects within 1,000 feet within residential
neighborhoods, prior to Grading Permit issuance, future
developments shall demonstrate to the City of Carlsbad
that the project complies with the following:
1. All construction equipment, fixed or mobile, shall
be equipped with properly operating and
maintained mufflers;
2. Construction noise reduction methods such as
shutting off idling equipment, installing temporary
acoustic barriers around stationary construction
noise sources, maximizing the distance between
construction equipment staging areas and occupied
residential areas, and use of electric air
City Planning
Department
Prior to issuance
of grading
permit.
Ongoing
during grading
and
construction
activities.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 30 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans/
Completion
Date
compressors and similar power tools, rather than
diesel equipment, shall be used where feasible;
3. During construction, stationary construction
equipment shall be placed such that emitted noise is
directed away from sensitive noise receivers;
4. During construction, stockpiling and vehicle
staging areas shall be located as far as practical
from noise sensitive receptors;
5. Operate earthmoving equipment on the
construction site, as far away from vibration
sensitive sites as possible; and,
6. Construction hours, allowable workdays and the
phone number of the job superintendent shall be
clearly posted at all construction entrances to allow
for surrounding owners and residents to contact the
job superintendent. If the superintendent receives a
complaint, appropriate corrective actions shall be
implemented and a report the action taken to the
reporting party.
Impact N-2: The
proposed project
could result in
significant and
unavoidable
short-term noise
impacts as the
result of
construction
activities.
N-2 As provided within the City of Carlsbad Municipal
Code, Section 8.48.010, Construction activities shall
occur Monday through Friday between the hours of 7:00
A.M. to sunset and on Saturdays from 8:00 A.M. to
sunset, excluding Sundays and legal holidays.
City Planning
Department
Include in project
conditions of
approval.
Once, prior to
recordation of
the final map.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 31 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact N-3a:
The proposed
project could
result in
significant long-
term noise
impacts as the
result of mobile
sources.
Mitigation Measure
Long-Term (Mobile) Impacts
N-3a Prior to final discretionary development approval,
property owners within the Ponto Area shall prepare a
site-specific noise analysis to the satisfaction of the City
Director of Planning, which demonstrates that mobile
noise sources would not exceed maximum interior noise
level criteria established for residential uses in the City
General Plan and that maximum exterior noise levels
have been mitigated to the maximum extent feasible.
The acoustical reports shall also be prepared pursuant to
the City of Carlsbad Noise Guidelines Manual. The
analysis shall verify that residences are adequately
shielded and/or located at an adequate distance from
mobile noise sources in order to comply with the City's
noise standards. Individual developments shall, to the
extent feasible, implement site-planning techniques such
as:
• Increasing the distance between the noise source
and the receiver;
• Using non-noise sensitive structures such as garages
to shield noise^sensitive areas;
• Orienting buildings to shield outdoor spaces from a
noise source;
• Orienting non-noise generating uses toward existing
adjacent residential uses;
• Routing commercial truck traffic away from more
noise-sensitive uses within the Ponto Area.
• Individual developments shall incorporate
architectural design strategies, which reduce the
exposure of noise-sensitive spaces to stationary
Responsible
Monitoring
Party
City Building
and Planning
Departments
"*
Required Time
of Application
Upon availability
of site-specific
grading and site
plans. In
conjunction with
review of project
development
nljmsLrlllllD.
Provide note on
plans the type of
mitigation
required.
Monitoring
Frequency
Once, upon
approval of
grading and
building plans.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 32 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact N-3b:
The proposed
project could
result in
significant long-
term noise
impacts as the
result of mobile
sources.
Mitigation Measure
noise sources (i.e., placing bedrooms or balconies
on the side of the house facing away from noise
sources). These design strategies shall be
implemented based on recommendations of
acoustical analysis for individual developments as
required by the City to comply with City noise
standards;
• Individual developments shall incorporate noise
barriers, walls, or other sound attenuation
techniques, based on recommendations of acoustical
analysis for individual developments as required by
the City to comply with City noise standards; and,
• Elements of building construction (i.e., walls, roof,
ceiling, windows, and other penetrations) shall be
modified as necessary to provide sound attenuation.
This may include sealing windows, installing
thicker or double-glazed windows, locating doors on
the opposite side of a building from the noise
source, or installing solid-core doors equipped with
appropriate acoustical gaskets.
N-3b Through Site Plan review, and to the satisfaction of the
City Planning Director, the location of driveways and
service entrances associated with hotel uses within the
Commercial Tourist (CT) zone shall be restricted to
locations where such access points are not directly
across from existing residential uses.
Responsible
Monitoring
Party
"*
City Building
and Planning
Departments
Required Time
of Application
Upon availability
of site-specific
grading and site
plans. In
conjunction with
review of project
development
plans.
Provide note on
plans which
mitigation is
required.
Monitoring
Frequency
Once, upon
approval of
grading and
building plans.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 33 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans/
Completion
Date
Impact N-4a:
The proposed
project could
result in
significant long-
term noise
impacts resulting
from stationary
sources.
Long-Term (Stationary) Impacts
N-4a Electrical and mechanical equipment (i.e., ventilation
and air conditioning units) shall be located away from
sensitive receptor areas. Additionally, the following
considerations should be given prior to installation:
proper selection and sizing of equipment, installation of
equipment with proper acoustical shielding, and
incorporation of the use of parapets into building design.
Prior to final discretionary development approval,
property owners within the Ponto Area shall prepare a
subsequent site-specific noise analysis shall be prepared
to the satisfaction of the City Director of Planning,
which demonstrates that noise from electrical and
mechanical equipment would not exceed maximum
interior noise level criteria established for residential
uses in the City General Plan and that maximum exterior
noise levels have been mitigated to the maximum extent
feasible.
City Building
and Planning
Departments
Prior to the
issuance of
building permits
for residential
projects.
Once, upon
completion of
discretionary
review.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 34 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact N-4b:
The proposed
project could
result in
significant long-
term noise
impacts resulting
from stationary
sources associated
with operation.
Mitigation Measure
N-4b A bermed/landscaped buffer shall be provided adjacent
to the property boundary within areas zoned as
Commercial-Tourist (CT) to distance future land uses
from existing adjacent residential uses. Consistent with
the City's Standard Conditions of Approval, the
applicant shall submit, to the satisfaction of the City
Planning Director, a Landscape Plan illustrating the
buffer and the landscaping proposed. The Landscape
Plan shall be consistent with the City's Landscape
Design Manual.
Responsible
Monitoring
Party
City Planning
Department
Required Time
of Application
Upon availability
of site-specific
grading and site
plans. In
conjunction with
review of project
development
plans.
Monitoring
Frequency
Once, upon
approval of
grading and
building plans.
Shown on
Plans /
Completion
Date
Verification:
Date Init.
Name
Traffic and Circulation
Direct Impacts (Section 5,6)
Impact T-l: The
proposed project
would result in
significant
impacts to the
following
intersection under
the existing plus
project scenario:
La Costa Avenue
/ Vulcan Avenue
Existing Plus Vision Plan Intersection Level of Service
T-l: Impacts to the affected intersection shall be mitigated by
implementation of the following improvements:
La Costa Avenue / Vulcan Avenue: Install traffic signal
with La Costa widening to facilitate intersection
improvements.
Prior to the issuance of a building permit, developers within the
Ponto Area shall pay a pro-rata fair share contribution to the La
Costa Avenue/Vulcan Avenue improvement.
The pro-rata fair share contribution shall be paid to the City of
Carlsbad City Engineer prior to the issuance of building permits.
The pro-rata fair share contribution may be adjusted by the City
of Carlsbad to reflect any changes in estimated construction and
land costs (as described in Appendix G-2). The City of Carlsbad
will retain the Ponto developers' allocated pro-rata fair share
contribution until the City of Encinitas is required to collect said
contributions. Developers with existing ADT credits within their
Ponto property will be given offsets against their projected
ADT's.
City
Engineering
Department
See Appendix
C.
Prior to
recordation of
final map.
Once, upon
contribution.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 35 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans/
Completion
Date
This intersection is located within the jurisdiction of the City of
Encinitas and the improvements to this intersection are already
required mitigation as part of the City of Encinitas adopted
North 101 Corridor Specific Plan and have been included in the
City of Encinitas Capital Improvement Program (CIP). Future
developers within the Ponto Beachfront Village shall be required
to make a proportionate fair share contribution towards the
improvements listed in Mitigation Measure T-l.
Based on cost estimates from the City of Carlsbad, the proposed
road improvements associated with improving La Costa Avenue
from Highway 101 through Vulcan Avenue, including the La
Costa Avenue/Highway 101 and La Costa Avenue/Vulcan
Avenue intersections, would cost approximately $5,335,000.
This dollar amount is an estimate based on current information.
Annual adjustments shall be made as described in Appendix G-
2. Calculations for the cost estimate are provided in Appendix
G-2. As shown in Figures 5.6-8 and 5.6-9 the project would
contribute 5,003 ADT to this intersection. Based on 2030 traffic
volumes of 18,300 ADT, the future development within the
Vision Plan area shall contribute 27 percent (5,003 ADT/18,300
ADT = 27%) of the total cost, or $1,440,450 ($5,335,000 x 0.27
= $1,440,450). This amount would be divided up among the
future developments within the Ponto Beachfront Village Vision
Plan area based on the traffic they contribute to the intersection.
Impact T-2: The
proposed project
would result in
significant
impacts to the
following
intersection under
2030 volumes:
Horizon Year (2030)
T-2: Impacts to the affected intersection shall be mitigated by
implementation of the following improvement:
La Costa Avenue /North Coast Highway 101: Widen
north leg to include two left turn lanes and two through
lanes, and widen east leg to include two left turn lanes
and one right turn lane.
Prior to the issuance of a building permit, developers within the
Ponto Area shall pay a pro-rata fair share contribution to the La
City
Engineering
Department
See Appendix
C.
Prior to
recordation of
final map.
Once, upon
contribution.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 36
CSJrlj
August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Responsible
Monitoring
Party
Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
La Costa Avenue
/ North Coast
Highway 101
La Costa Avenue
/ Vulcan Avenue
Costa Avenue/North Coast Highway 101 improvement:
The pro-rata fair share contribution shall be paid to the City of
Carlsbad City Engineer prior to the issuance of building permits.
The pro-rata fair share contribution may be adjusted by the City
of Carlsbad to reflect any changes in estimated construction and
land costs (as described in Appendix G-2). The City of Carlsbad
will retain the Ponto developers' allocated pro-rata fair share
contribution until the City of Encinitas is required to collect said
contributions. Developers with existing ADT credits within their
Ponto property will be given offsets against their projected
ADTs.
This intersection is located within the jurisdiction of the City of
Encinitas. The improvements to this intersection are already
required as mitigation as part of the City of Encinitas adopted
North 101 Corridor Specific Plan, and other development
projects located within the City of Encinitas and are included in
the City of Encinitas CIP. Future developers within the Ponto
Beachfront Village shall be required to make a proportionate fair
share contribution to the City of Encinitas towards the
improvements listed in Mitigation Measure 1-2.
Based on cost estimates from the City of Carlsbad, the proposed
road improvements associated with improving the La Costa
Avenue from Highway 101 through Vulcan Avenue, including
the La Costa Avenue/Highway 101 and La Costa
Avenue/Vulcan Avenue intersections, would cost approximately
$5,335,000. This dollar amount is an estimate only based on
current information. Annual adjustments shall be made as
described in Appendix G-2. Calculations for the cost estimate
are provided in Appendix G-2. As shown in Figures 5.6-8 and
5.6-9 the project would contribute 5,003 ADT to this
intersection. Based on 2030 traffic volumes of 18,300 ADT, the
future development within the Vision Plan area shall contribute
27 percent (5,003 ADT/18,300 ADT = 27%) of the total cost, or
Ponto Beachfront Village Vision Plan EIR 37 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact
Impact T-3: The
proposed project
would result in
significant
impacts to the
following
roadway
segments under
2030 traffic
volumes:
La Costa Avenue
between Vulcan
Avenue and
Interstate 5
Mitigation Measure
$1,440,450 ($5,335,000 x 0.27 = $1,440,450). This amount
would be divided up among the future developments within the
Ponto Beachfront Village Vision Plan area through a fair share
contribution based on the traffic they contribute to the
intersection.
T-3: Potential impacts to La Costa Avenue between Vulcan
Avenue and Interstate 5 are mitigated to less than
significant with the implementation of mitigation
measures T-l and T-2.
Responsible
Monitoring
Party
City
Engineering
Department
n i j'.zee Appendix
C.
Required Time
of Application
Prior to
recordation of
final map (see
Mitigation
Measures T-l
and T-2, above).
Monitoring
Frequency
Once, upon
contribution.
Shown on
Plans/
Completion
Date
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 38 August 2007
MITIGATION MONITORING AND REPORTING PROGRAM
Impact Mitigation Measure
Responsible
Monitoring Required Time
of Application
Monitoring
Frequency
Shown on
Plans /
Completion
Date
Cumulative Impacts (Section 7.1.7)
Impacts T-l and
T-2: The
proposed project
would contribute
to cumulative
impacts at the
following
intersections,
under the year
2010 analysis.
La Costa Avenue/
Vulcan Avenue
La Costa Avenue/
Carlsbad
Boulevard
T-l and T-2: Mitigation Measures T-l through T-2 (refer to
Section 5.6.4) would mitigate the Vision Plan's contribution to
cumulative intersection and roadway impacts that would occur
under the year 2010 analysis.
Prior to issuance of a building permit, evidence shall be required
to ensure that Mitigation Measures T-l through T-2 (refer to
Section 5.6.4) would be implemented (as applicable) at the
discretion of the City Director of Public Works, to mitigate a
project's contribution to potential traffic impacts.
City
Engineering
Department
See Appendix
C.
Prior to
recordation of
final map (see
Mitigation
Measures T-l
and T-2, above).
Once, upon
contribution.
Verification:
Date Init.
Name
Ponto Beachfront Village Vision Plan EIR 39 August 2007
APPENDIX A
City of Carlsbad HMP Designations
m m m
CONSLJ LTINC3
City of Carlsbad HMP Designations
Ponto Beachfront Village Vision Plan E1R
APPENDIX B
EIR Mitigation Tables (Tables 5.2-7 to 5.2-9)
Ponto Beachfront Village Vision Plan EIR - Mitigation Tables
Table 5.2-7
Mitigation Summary for Impacts to Vegetation Communities
Vegetation Community/Habitat Acreage
Existing Impact
Mitigation
Ratio
Mitigation
Required
Habitat Group A1
Southern willow scrub 0.91 0.04 3:1 0.12
Habitat Group B
Southern coastal bluff scrub
(including disturbed)4.3 0.1 3:12 0.32
Habitat Group C
Diegan coastal sage scrub
(including disturbed) - occupied 5.2 1.2 2:13 2.43
Habitat Group F
Eucalyptus woodland
Disturbed habitat
0.3
24.6
0.3
21.1
4
4
4
4
Other „
Non-native vegetation
Developed
Total
21.0
43.4
130.4
9.7
15.2
47.6
—
—
--
—
—2.82
'Habitat Groups refer to MHCP habitat classification system.
2It is assumed that all habitat types in Group B will be included in the proposed preserve system.
'Maximum avoidance and onsite conservation of Group C habitat is encouraged.
4Habitat in this group which is not conserved or mitigated onsite shall pay a per acre in lieu mitigation fee in an amount to
be determined by the City Council. According to the Addendum to the City's HMP (December 1999, pg 10) in lieu
mitigation fees are $8,000 for unoccupied Diegan coastal sage scrub, and chaparral (Group D), $4,000 for grassland
(Group E), and $800 for eucalyptus woodland and disturbed habitat.
Table 5.2-8
Mitigation Summary for Impacts to Corps Jurisdiction Areas
Vegetation
Community/Habitat Existing Impact Mitigation
Ratio
Mitigation
Required
Wetlands
Southern willow scrub 0.91 0.04 3:1 0.12
Non-wetlands
Drainage
Total
0.11
1.02
• o.n
0.15
1:1
-
0.11
0.23
Table 5.2-9
Mitigation Summary for Impacts to CDFG Jurisdiction Areas
Vegetation
Community/Habitat Existing Impact Mitigation
Ratio
Mitigation
Required
Wetlands
Southern willow scrub 0.91 0.04 3:1 0.12
Non-wetlands
Streambed
Total
0.18
1.09
0.17
0.21
1:1
—
0.17
0.29
APPENDIX C
Traffic Fair-Share Contribution Methodology
Traffic and Circulation
Fair-Share Methodology
Intersections
T-l: Impacts to the affected intersections shall be mitigated by implementation of the
following improvements:
• La Costa Avenue / Vulcan Avenue: Install traffic signal with La Costa widening
to facilitate intersection improvements.
Prior to the issuance of a building permit, developers within the Ponto Area shall pay a
pro-rata fair share contribution to the La Costa Avenue / Vulcan Avenue improvement.
The pro-rata fair share contribution shall be paid to the City of Carlsbad City Engineer
prior to the issuance of building permits. The pro-rata fair share contribution may be
adjusted by the City of Carlsbad to reflect any changes in estimated construction and land
costs (as described in Appendix G-2). The City of Carlsbad will retain the Ponto
developers' allocated pro-rata fair share contribution until the City of Encinitas is
required to collect said contributions. Developers with existing ADT credits within their
Ponto property will be given offsets against their projected ADT's.
This intersection is located within the jurisdiction of the City of Encinitas and the
improvements to this intersection are already required mitigation as part of the City of
Encinitas adopted North 101 Corridor Specific Plan and have been included in the City of
Encinitas Capital Improvement Program (CIP). Future developers within the Ponto
Beachfront Village shall be required to make a proportionate fair share contribution
towards the improvements listed in Mitigation Measure T-l.
Based on cost estimates. from the City of Carlsbad, the proposed road improvements
associated with improving La Costa Avenue from Highway 101 through Vulcan Avenue,
including the La Costa Avenue / Highway 101 and La Costa Avenue / Vulcan Avenue
intersections, would cost approximately $5,335,000. This dollar amount is an estimate
based on current information. Annual adjustments shall be made as described in
Appendix G-2. As shown in Figures 5.6-8 and 5.6-9, the project would contribute 5,003
ADT to this intersection. Based on 2030 traffic volumes of 18,300 ADT, the future
development within the Vision Plan area shall contribute 27 percent (5,003 ADT / 18,300
ADT = 27%) of the total cost, or $1,440,450 ($5,335,000 x 0.27 = $1,440,450). This
amount would be divided up among the future developments within the Ponto Beachfront
Village Vision Plan area based on the traffic they contribute to the intersection.
T-2: Impacts to the affected intersections shall be mitigated by implementation of the
following improvement:
• La Costa Avenue / North Coast Highway 101: Widen north leg to include two
left turn lanes and two through lanes, and widen east leg to include two left turn
lanes and one right turn lane.
Prior to the issuance of a building permit, developers within the Ponto Area shall pay a
pro-rata fair share contribution to the La Costa Avenue / North Coast Highway 101
improvement.
Ponto Beachfront Village Vision Plan August 2007
Page 2 of 2
The pro-rata fair share contribution shall be paid to the City of Carlsbad City Engineer
prior to the issuance of building permits. The pro-rata fair share contribution may be
adjusted by the City of Carlsbad to reflect any changes in estimated construction and land
costs (as described in Appendix G-2). The City of Carlsbad will retain the Ponto
developers' allocated pro-rata fair share contribution until the City of Encinitas is
required to collect said contributions. Developers with existing ADT credits within their
Ponto property will be given offsets against their projected ADT's.
This intersection is located within the jurisdiction of the City of Encinitas. The
improvements to this intersection are already required as mitigation as part of the City of
Encinitas adopted North 101 Corridor Specific Plan, and other development projects
located within the City of Encinitas and are included in the City of Encinitas CIP. Future
developers within the Ponto Beachfront Village shall be required to make a proportionate
fair share contribution to the City of Encinitas towards the improvements listed in
Mitigation Measure T-2.
Based on cost estimates from the City of Carlsbad, the proposed road improvements
associated with improving La Costa Avenue from Highway 101 through Vulcan Avenue,
including the La Costa Avenue / Highway ipl and La Costa Avenue / Vulcan Avenue
intersections, would cost approximately $5,335,000. This dollar amount is an estimate
only based on current information. Annual adjustments shall be made as described in
Appendix G-2. As shown in Figures 5.6-8 and 5.6-9, the project would contribute 5,003
ADT to this intersection. Based on 2030 traffic volumes of 18,300 ADT, the future
development within the Vision Plan area shall contribute 27 percent (5,003 ADT /18,300
ADT = 27%) of the total cost, or $1,440,450 ($5,335,000 x 0.27 = $1,440,450). This
amount would be divided up among the future developments within the Ponto Beachfront
Village Vision Plan area based on the traffic they contribute to the intersection.
Roadway Segments (Year 2030)
T-3: Potential impacts to La Costa Avenue between Vulcan Avenue and Interstate 5 are
mitigated to less than significant with the implementation of mitigation measures T-l and
T-2.
Ponto Beachfront Village Vision Plan August 2007
Page 2 of 2
1 PLANNING COMMISSION RESOLUTION NO. 6339
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
4 ELEMENT OF THE GENERAL PLAN TO INCLUDE
s REFERENCE TO THE PONTO BEACHFRONT VILLAGE
VISION PLAN FOR PROPERTIES GENERALLY LOCATED
6 BETWEEN CARLSBAD BOULEVARD AND THE SAN DIEGO
NORTHERN RAILROAD, NORTH OF BATIQUITOS
7 LAGOON AND SOUTH OF PONTO ROAD.
CASE NAME: PONTO BEACHFRONT VILLAGE VISION
8 PLAN
9 CASE NO: GPA 05-04
10 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
11 with the City of Carlsbad regarding property described as
12 the areas known as the Ponto Beachfront Village Area
13 generally located between Carlsbad Boulevard and the San
Diego Northern Railroad, north of Batiquitos Lagoon and
14 south of Ponto Road
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
17
Amendment as described on Exhibit "GPA 05-04" dated on the 5th and 19th days of
18
September, 2007, attached hereto and on file in the Carlsbad Planning Department, PONTO
20 BEACHFRONT VILLAGE VISION PLAN - GPA 05-04 as provided in Government Code
21 Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 4th day of May, 2005, hold a
23 duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, the Planning Commission did again, on the 5th and 19th days of
25
September, 2007, hold a duly noticed public hearing as prescribed by law to consider said
26
27 request after preparation of an EIR for the project; and
28
WHEREAS, at said public hearings, upon hearing and considering all testimony
2
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the General Plan Amendment.
4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad, as follows:
7 A) That the above recitations are true and correct.
o
B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE
VISION PLAN - GPA 05-04, based on the following findings and subject to the
10 following conditions:
Findings:
17 1. The amendment is consistent with Section II of the Land Use Element of the
General Plan, Subsection D (Special Planning Considerations) which allows the city
to designate specific areas or land uses in the city for special planning
14 considerations.
15 2. The amendment is consistent with Goal A.I, Goal A.3, Objective B.I, and Objective
B.3 of the Land Use Element of the General Plan as identified and described in
Table A of the Planning Commission staff report dated September 5,2007.
3. The amendment is consistent with all other applicable City plans as described in the
1 g Planning Commission staff report dated September 5, 2007.
19 Conditions:
1. Approval is granted subject to Certification of Program Environmental Impact Report
(EIR 05-05) and Mitigation Monitoring and Reporting Program, and approval of
LCPA 05-01 and DI 05-01, and is subject to Planning Commission Resolutions No.
22 6338, 6340 and 6341 for those other approvals incorporated herein by reference.
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PC RESO NO. 6339 -2-o
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of
the following vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy,
Douglas, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
/~y x — ^
\^L \ \j_
JULIE BA.KEK Chairperson
CARLSaArrPJANNING COMMISSION
ATTEST:
^<7/\X \£AA
DON NEU
Planning Director
PC RESO NO. 6339 -3-
September, 2007, by
Cardosa, Dominguez,
101
1 PLANNING COMMISSION RESOLUTION NO. 6340
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
4 LOCAL COASTAL PROGRAM TO ADD TEXT TO THE LAND
USE PLANS OF THE MELLO II AND WEST
5 BATIQUITOS/SAMMIS PROPERTIES SEGMENTS TO
6 INCORPORATE REFERENCE TO THE PONTO
BEACHFRONT VILLAGE VISION PLAN FOR PROPERTIES
7 GENERALLY LOCATED BETWEEN CARLSBAD
BOULEVARD AND THE SAN DIEGO NORTHERN
8 RAILROAD, NORTH OF BATIQUITOS LAGOON AND
SOUTH OF PONTO ROAD.
CASE NAME: PONTO BEACHFRONT VILLAGE VISION
10 PLAN
CASE NO: LCPA 05-01
11
WHEREAS, California State law requires that the Local Coastal Program,
,-, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
14 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application for
15 an amendment to the Local Coastal Program designations regarding property described as
the areas known as the Ponto Beachfront Village Area
17 generally located between Carlsbad Boulevard and the San
Diego Northern Railroad, north of Batiquitos Lagoon and
18 south of Ponto Road
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Local Coastal
21
Program Amendment as shown on Exhibit LCPA 05-01 dated on the 5th and 19th days of
22
September, 2007, attached hereto, as provided in Public Resources Code Section 30574 and
24 Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of
25 Regulations of the California Coastal Commission Administrative Regulations; and
26 WHEREAS, the Planning Commission did on the 4th day of May 2005, hold a
27 duly noticed public hearing as prescribed by law to consider said request; and
28
)o of'-'
WHEREAS, the Planning Commission did again on the 5th and 19th days of
2 September, 2007, hold a duly noticed public hearing as prescribed by law to consider said
3
request after preparation of an EIR for the project; and
4
<- WHEREAS, at said public hearings, upon hearing and considering all testimony
6 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
7 relating to the Local Coastal Program Amendment; and
Q
WHEREAS, State Coastal Guidelines requires a six-week public review period
9 for any amendment to the Local Coastal Program.
10
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
11
Commission of the City of Carlsbad, as follows:
13 A) That the foregoing recitations are true and correct.
14 B) After a State mandated six week review period, starting on August 17, 2007, staff
shall present to the City Council a summary of the comments received.
*,- C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE
17 VISION PLAN - LCPA 05-01 based on the following findings, and subject to
the following conditions:
18
Findings:
2Q 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
21 of the Land Use Plans of the Mello II and West Batiquitos Lagoon/Sammis Properties
segments of the Carlsbad Local Coastal Program not being amended by this amendment,
22 in that the Ponto Beachfront Village Vision Plan which is being incorporated into the
Land Use Plan segments encourages enhanced public access and views, mixed use,
including visitor/tourist-serving uses and a unique character of design.
24 2. That the proposed amendment requires all future development in the area to be
25 consistent with the policies of the Coastal Act and the City's Local Coastal Program.
26
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PC RESO NO. 6340 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting to
Commission of the City of Carlsbad, held on the 19th day of September, 2007, by
vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy, Cardosa,
Douglas, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
\( )~ (\ JAH^ \ \o/ N. ~ ""^•'ICow.
JULIE BkKER\Chairperson
CARLSBAEt£KANNING COMMISSION
ATTEST:
^Lxl (M
DON NEU
Planning Director
PC RESO NO. 6340 -3-
the Planning
the following
Dominguez,
M
PLANNING COMMISSION RESOLUTION NO. 6341
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE PONTO BEACHFRONT VILLAGE
3 VISION PLAN FOR THE AREA GENERALLY LOCATED
BETWEEN CARLSBAD BOULEVARD AND SAN DIEGO
4 NORTHERN RAILROAD, NORTH OF BATIQUITOS
, LAGOON AND SOUTH OF PONTO ROAD.
CASE NAME: PONTO BEACHFRONT VILLAGE VISION
6 PLAN
CASE NO: PI 05-01
7
WHEREAS, the Ponto Beachfront Village Vision Plan has been prepared by8
9 the city and submitted to the Planning Commission for review; and
10 WHEREAS, the intent of the Ponto Beachfront Village Vision Plan is to
11 create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place,
12 village atmosphere and unique character of design in the Ponto area; and
13
WHEREAS, a General Plan Amendment (GPA 05-04) and Local Coastal
14
Program Amendment (LCPA 05-01) to incorporate reference to the Ponto Beachfront
,,- Village Vision Plan has also been considered by the Planning Commission; and
17 WHEREAS, the Planning Commission did on the 4th day of May, 2005, consider
18 said matter and all factors relating to this item; and
19 WHEREAS, the Planning Commission did on the 5th and 19th days of
20 September, 2007, consider said matter and all factors relating to this item.
21
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22
__ Commission of the City of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
25 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the PONTO BEACHFRONT VILLAGE
26 VISION PLAN - DI 05-01 based on the following findings and subject to the
27 following conditions:
28
' V- • ,,
'».„-',_/•'
Findings:
2
1. The Ponto Beachfront Village Vision Plan is consistent with the General Plan and
3 the Local Coastal Program as described in GPA 05-04 and LCPA 05-01.
2. The Ponto Beachfront Village Vision Plan contains desirable land uses, circulation
f system and design guidelines which will allow future development proposals to
comply with the intent of the Plan to create a mixed use, pedestrian and bicycle
6 oriented, and visitor-serving area with a strong sense of place and village
atmosphere.
7
Conditions:
o
Approval is granted subject to certification of Program Environmental Impact Report
(EIR 05-05) and Mitigation Monitoring and Reporting Program, and approval of
10 GPA 05-04 and LCPA 05-01 by the City Council, and is subject to Planning
Commission Resolutions No. 6338, 6339 and 6340 for those other approvals
incorporated herein by reference.
12 2. The following development guidelines shall be added to, and appropriate graphics
13 revised in the appropriate section(s) of the Ponto Beachfront Village Vision Plan:
a. Carlsbad Boulevard Re-alignment Alternative 2 is the preferred alignment.
14 b. Parking garages shall be underground unless proven to be technically or
financially infeasible.
c. Buildings shall implement "green" construction techniques and materials to
the greatest extent feasible.
d. Trails within the Ponto Beachfront Village shall be linked to the greater
17 Carlsbad citywide trail system.
e. Coordination with the California State Department of Parks and Recreation
to develop physical connections from the Ponto Beachfront Village through
the Carlsbad State Beach campground to the beach is strongly encouraged.
f. All parks on public property shall be reviewed by either the Parks and
20 Recreation Commission, Planning Commission, and/or City Council as
determined by the permit necessary for the development of the facility.
21 g. Any hotel on the southernmost Resort Hotel Character Area parcel shall
incorporate an ocean view restaurant.
22 h. The Character Areas shall be revised to reflect the Increased Recreational
-_ Amenities/Green Space Alternative (Figure 6.6) of the Ponto Beachfront
Village Vision Plan Final Environmental Impact Report with the
24 buffer/setback from the bluff edge set at 75 (seventy-five) feet and restricted
to passive public park uses only.
25
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PC RESO NO. 6341 -2-
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 19th day of September, 2007, by
3
the following vote, to wit:
4 "
r AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
6
NOES:
7
ABSENT:8
9 ABSTAIN:
10
11
12
13 JULIE BAKE& Chairperson
CARLSB&EL2LANNING COMMISSION
14"
15 ATTEST:
16
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DON NEU
18 Planning Director
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PCRESONO. 6341 -3- |0~7
The City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
Item No. ( 1
P.C. AGENDA OF: September 19, 2007
Application complete date: N/A
Project Planner: Christer Westman
Project Engineer: Frank Jimeno
SUBJECT: EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01 - PONTO BEACHFRONT
VILLAGE VISION PLAN - Request for a recommendation for certification of a
Program Environmental Impact Report, and recommendation of adoption of the
Candidate Findings of Fact, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program; a request for a recommendation of
approval for a General Plan Amendment and Local Coastal Program Amendment
to incorporate the Ponto Beachfront Village Vision Plan into the Land Use
Element of the General Plan and the Land Use Plans of the Mello II and West
Batiquitos Lagoon/Sammis Properties Lagoon segments of the Local Coastal
Program; and a discussion and recommendation to the City Council regarding the
content of the Ponto Beachfront Village Vision Plan.
I. RECOMMENDATION
That the Planning Commission 1) ADOPT Planning Commission Resolution No. 6338
RECOMMENDING CERTIFICATION of EIR 05-05 and RECOMMENDING
ADOPTION of the Candidate Findings of Fact, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions
No. 6339, 6340 and 6341 RECOMMENDING APPROVAL of General Plan Amendment
(GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and the Ponto Beachfront
Village Vision Plan (DI 05-01) based on the findings contained therein.
II.INTRODUCTION AND BACKGROUND
The Planning Commisson received a staff presentation and heard public testimony on the Ponto
Beachfront Village Vision Plan on September 5, 2007 and continued the item for discussion.
ICS
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. ( 1
P.C. AGENDA OF: September 5,2007
Application complete date: N/A
Project Planner: Christer Westman
Project Engineer: Frank Jimeno
SUBJECT: EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01 - PONTO BEACHFRONT
VILLAGE VISION PLAN - Request for a recommendation for certification of a
Program Environmental Impact Report, and recommendation of adoption of the
Candidate Findings of Fact, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program; a request for a recommendation of
approval for a General Plan Amendment and Local Coastal Program Amendment
to incorporate the Ponto Beachfront Village Vision Plan into the Land Use
Element of the General Plan and the Land Use Plans of the Mello II and West
Batiquitos Lagoon/Sammis Properties' Lagoon segments of the Local Coastal
Program; and a discussion and recommendation to the City Council regarding the
content of the Ponto Beachfront Village Vision Plan.
I. RECOMMENDATION
That the Planning Commission 1) ADOPT Planning Commission Resolution No. 6338
RECOMMENDING CERTIFICATION of EIR 05-05 and RECOMMENDING
ADOPTION of the Candidate Findings of Fact, Statement of Overriding Considerations, and
Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions
No. 6339, 6340 and 6341 RECOMMENDING APPROVAL of General Plan Amendment
(GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and the Ponto Beachfront
Village Vision Plan (DI 05-01) based on the findings contained therein.
II. INTRODUCTION AND BACKGROUND
The Ponto area is located in the most southwesterly portion of the city near the city's southern
entrance along Carlsbad Boulevard. It presently contains older homes and businesses most of
which were developed in the county before the city incorporated. Recognizing its potential for
redevelopment and its prime coastal location across from the state campgrounds and near new
single-family neighborhoods, the city decided to create a "vision plan" for the area to direct
future development in the Ponto area. With input from the property owners, nearby residents,
and other interested persons, the Ponto Beachfront Village Vision Plan was prepared. The Plan
covers a larger study area consisting of approximately 130 acres. However, the area considered
viable for future development or redevelopment is approximately 50 acres. The 50 acres (refer
to location map) consist of the older Ponto area which is also included in the South Carlsbad
Coastal Redevelopment area, one small, vacant .parcel located within the boundaries of the
Poinsettia Properties Specific Plan and several vacant properties located in the previously
approved Poinsettia Shores Master Plan.
(OS
EIR 05-05/GPA 05-04/LCPA U5-01/DI 05-01 - PONTO BEACHFROiN T VILLAGE VISION
PLAN
September 5,2007
Page 2
The intent of the Ponto Beachfront Vision Plan is to create a mixed use, active pedestrian and
bicycle oriented area with a strong sense of place, village atmosphere and unique character of
design. Because of its prime location at the southern gateway to the city and across from the
beach and campgrounds, it could become a vibrant part of the city providing amenities for city
residents as well as visitors. A copy of the Vision Plan was distributed to each of the Planning
Commissioners for review prior to the September 5, 2007 public hearing.
In addition to background information (including the public input process) the Plan contains a
Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system
and design guidelines to direct future development in the area. In order for future development
proposals to be guided by the Plan and in order to allow the city to review future proposals for
compliance with the Plan, it is necessary to amend the Land Use Element of the City's General
Plan and to amend the Local Coastal Program Land Use Plan (Mello II and West Batiquitos
Lagoon/Sammis Properties segments) by incorporating references to the Ponto Beachfront
Village Vision Plan. The project does not include, amendment(s) to the Zoning Ordinance.
Individual development projects implementing the Ponto Beachfront Village Vision Plan may
include a General Plan Amendment and Zone Change.
The Ponto Beachfront Village Vision Plan was reviewed by the Planning Commission on May 4
2005 and a recommendation was made (4-0-3; Dominguez, Heineman, and Montgomery absent)
to the City Council to approve the plan and adopt a Mitigated Negative Declaration. Significant
public input was given before the City Council on June 28 and July 19, 2005 regarding the plan
and the environmental review of the plan that resulted in the City Council directing staff to
prepare an Environmental Impact Report (EIR). The EIR is completed and the plan has been
resubmitted to the Planning Commission for their review. The Planning Commission's action on
the project will be a recommendation to the City Council.
III. PROJECT DESCRIPTION
This item is a request to have the Planning Commission review the Ponto Beachfront Village
Vision Plan and Program Environmental Impact Report, to approve a General Plan Amendment
to incorporate text referencing the Plan into the Land Use Element of the General Plan and to
approve a Local Coastal Program Amendment which would also incorporate text referencing the
Plan into the Land Use Plans of the Mello II and the West Batiquitos Lagoon/Sammis Properties
segments of the Local Coastal Program. By incorporating a description and references to the
Ponto Beachfront Village Vision Plan into these documents, it will allow future proposals for
development to use the guidelines contained in the Plan and it will permit the city to review
future developments for conformance with the Plan.
General Plan Amendment
The Land Use Element of the General Plan presently references areas of the City for "Special
Planning Considerations" (Section D, Page 21 of the Land Use Element). This section presently
includes areas of the city such as the Downtown Village area, the McClellan-Palomar Airport
area, the Buena Vista Watershed and the Barrio area. Staff is recommending that the Ponto
Beachfront Village Area be added to this section of the Land Use Element to read as follows:
\\o
EIR 05-05/GPA 05-04/LCPA u5-01/DI 05-01 - PONTO BEACHFROiN f VILLAGE VISION
PLAN
September 5, 2007
Page 3
"9 - Ponto Beachfront Village Area
The Ponto Beachfront Village Area consists of approximately 50 acres of land
located between Carlsbad Boulevard and the San Diego Northern Railroad, north
of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and
circulation study area containing 130 acres extending from the southern city limits
on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also
located within the boundaries of the South Carlsbad Coastal Redevelopment Plan.
Presently, the area contains older homes and businesses which have a strong
potential for redevelopment and several important underutilized or vacant
properties. Recognizing the potential for new development in this area and its
important location at the southern gateway to the city, a Vision Plan has been
.prepared for this area. The Plan includes a Vision Statement, desirable land uses, a
proposed vehicular and pedestrian circulation system and design guidelines to
direct future development in the area. The intent of the Vision Plan is to create a
mixed use, active pedestrian and bicycle oriented area with a strong sense of place,
village atmosphere and unique character of design. Future proposals for new
development within this area of special planning consideration shall be guided by
the Vision Plan and all future development permits (site development plan, coastal
development permit, etc.) shall be reviewed by the city for conformance with the
Ponto Beachfront Village Vision Plan."
Local Coastal Program Amendment
The Ponto Beachfront Village Area is located in two segments of the city's Local Coastal
Program; Mello II for the properties that are located in what is generally considered the older
Ponto Area and the West Batiquitos Lagoon/Sammis Properties segment for the vacant
properties south of the older Ponto Area which are also part of the Poinsettia Shores Master Plan.
Staff is recommending that the land Use Plans of these two segments of the Local Coastal
Program be amended as follows:
Amend the Mello II segment of the city's Local Coastal Program by the addition of a new Policy
6.10 (on page 91) to read as follows:
"Policy 6.10 Ponto Beachfront Village Area
The Ponto Beachfront Village Area consists of approximately 50 acres of land
located between Carlsbad Boulevard and the San Diego Northern Railroad, north
of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and
circulation study area containing 130 acres extending from the southern city limits
on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also
located within the boundaries of the city's South Carlsbad Coastal Redevelopment
Plan. Presently, the area contains older homes and businesses which have a strong
potential for redevelopment and several important underutilized or vacant
properties. Recognizing the potential for new development in this area and its
important location at the southern gateway to the city, a Vision Plan has been
prepared for the area. The Plan includes a Vision Statement, desirable land uses, a
proposed vehicular and pedestrian circulation system and design guidelines to
direct future development in the area. The intent of the Vision Plan is to create a
EIR 05-05/GPA 05-04/LCPA u5-01/DI 05-01 - PONTO BEACHFROiN f VILLAGE VISION
PLAN
September 5,2007
Page 4
mixed use, active pedestrian and bicycle oriented area with a strong sense of place,
village atmosphere and unique character of design. A strong emphasis is placed on
recreation and visitor serving uses. Future proposals for new development within
this area shall be guided by the Vision Plan and all future development permits
(site development plan, coastal development permit, etc.) shall be reviewed by the
city for conformance with the Ponto Beachfront Village Vision Plan."
Amend the West Batiquitos Lagoon/Sammis Properties segment of the city's Local Coastal
Program by the addition of a new section J (on page 118) to read as follows:
"J. Ponto Beachfront Village Vision Plan
Planning Areas F, G and H of the Poinsettia Shores Master Plan are also located in
the area identified by the City of Carlsbad as the Ponto Beachfront Village Area.
The Ponto Beachfront Village Area consists of approximately 50 acres of land
located between Carlsbad Boulevard and the San Diego Northern Railroad, north
of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and
circulation study area containing 130 acres extending from the southern city limits
on Carlsbad Boulevard to Poinsettia Lane. Presently, the area contains older
homes and businesses which have a strong potential for redevelopment and several
important underutilized or vacant properties. Recognizing the potential for new
development in this area and its important location at the southern gateway to the
city, a Vision Plan has been prepared for the area. The Plan includes a Vision
Statement, desirable land uses, a proposed vehicular and pedestrian circulation
system and design guidelines to direct future development in the area. The intent
of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented
area with a strong sense of place, village atmosphere and unique character of
design. Future proposals for development within Planning Areas F, G and H of the
Poinsettia Shores Master Plan shall be guided by the Vision Plan and all future
development permits (site development plan, coastal development permit, etc.)
shall be reviewed by the city for conformance with the Ponto Beachfront Village
Vision Plan."
IV. ANALYSIS
The proposed amendments to the General Plan and Local Coastal Program involve only text
changes to the documents and do not allow for or accompany any specific development
proposals. Therefore, the analysis applied to this request needs to be reviewed for overall
consistency with the City's General Plan, the Local Coastal Program and any other applicable
City plans. Future development projects that implement the Ponto Beachfront Village Vision
Plan may include a General Plan amendment which could affect various elements of the General
Plan.
General Plan
Section II of the Land Use Element of the General Plan (Description of the Land Use Element),
Subsection D (Special Planning Considerations) allows for the city to designate specific areas or
land uses in the city for special planning consideration. Therefore, the proposed General Plan
i i L.
EIR 05-05/GPA 05-04/LCPA U5-01/DI 05-01 - PONTO BEACHFROiN f VILLAGE VISION
PLAN
September 5, 2007
PageS
Amendment request is consistent with this provision of the Land Use Element. The proposed
amendment is also consistent with other policies of the Land Use Element relating to the overall
land use pattern as shown on Table A below:
TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLY?
Land Use
Goal A. 1 A city which preserves
and enhances the environment,
character and image of itself as a
desirable residential, beach and
open space oriented community.
One of the primary goals of the
Vision Plan is to encourage
development which respects the
prominent beach location and
historical character of this area of
the city.
Yes
Land Use
Goal A.3 A city which provides
for land uses which through their
arrangement, location and size,
support and enhance the economic
viability of the community.
The Vision Plan encourages a mix
of land uses including
commercial/retail/visitor-serving
uses which will provide economic
benefits to the community.
Yes
Land Use
Objective B.I To create a
distinctive sense of place and
identity for each community and
neighborhood of the city through
the development and arrangement
of various land use components.
A primary goal of the Vision Plan is
to create a strong sense,of place in
this prominent location within the
city so that residents and visitors
feel they are in a unique, special
neighborhood within the city.
Yes
Land Use
Objective B.3 To provide for the
social and economic needs of the
community in conjunction with
permitted land uses.
The Vision Plan encourages a
mixture of residential, retail and
tourist-serving commercial in order
to provide both social and economic
benefits to the community.
Yes
Local Coastal Program
Review of the existing Local Coastal Program was done to analyze consistency of the proposed
amendments to existing program policies and to determine compatibility of the Local Coastal
Program with the goals and intent of the Ponto Beachfront Village Vision Plan. The Local
Coastal Program encourages enhanced public access, mixed use, visitor/tourist-serving uses,
visual amenities and character of design. The purpose of the requested amendment is to
reference the Ponto Beachfront Village Vision Plan so that the area can be developed with these
enhancements. The following summarizes specific policies in the existing Mello II and West
Batiquitos Local Coastal Program Land Use Plans that are addressed by the Vision Plan:
(1) Maximize public access to and along the coast and maximize public
recreational opportunities in the coastal zone.
• The Plan proposes extensive pedestrian and bicycle paths, linkage
across Carlsbad Boulevard to the State Beach and central plazas
and paseos.
EIR 05-05/GPA 05-04/LCPA u5-01/DI 05-01 - PONTO BEACHFROiN f VILLAGE VISION
PLAN
September 5,2007
Page 6
(2) Visitor-serving uses (hotel/motel and restaurant) should be established.
• The Plan allows for up to 3 hotels, to include restaurants and other
visitor-serving uses.
(3) Mixed use development (residential and recreational-commercial) shall be
permitted on properties fronting on Carlsbad Boulevard across from South
Carlsbad State Beach.
• The Plan encourages a balanced and cohesive mix of local and
tourist serving commercial, medium and high density residential,
mixed use, live/work and open space opportunities.
(4) In the "Unplanned Area" of Ponto, which roughly corresponds to the
vacant land area north of Avenida Encinas, specific planning efforts are
required. The intent is to allow a variety of uses including residential.
Future uses could include commercial, residential, office and others.
Consider the need for lower cost visitor or recreation facilities on west
side of the railroad tracks.
• The Plan allows residential use in this portion of the area and
proposes a mixed-use commercial center along Carlsbad
Boulevard.
(5) In the area south of Avenida Encinas, hotel and timeshare units are
allowed, with other uses primarily directed toward tourists visiting hotel,
conference center and local scenic and recreation areas.
• The Plan allows for a beachfront resort with hotel units, timeshares
and public commercial uses.
(6) On the southern bluff edge overlooking Batiquitos Lagoon, bluff top
accessways or equivalent, overlook areas and a bike/pedestrian path
should be provided.
• The Plan proposes a multi-purpose perimeter trail along the bluff
top and connecting to the rest of the area.
Other Applicable Plans
The northern portion of the Ponto Beachfront Village Area consists of the older Ponto area and is
located within the South Carlsbad Coastal Redevelopment Plan which was approved in July
2000. The overall intent of the Redevelopment Plan is to (a) strengthen and stimulate the
economic base of the area; (b) enhance commercial and recreational functions; (c) increase
amenities to benefit the public; (d) increase and improve the affordable housing supply; and (e)
assure quality design in the area's development. The Ponto Beachfront Village Vision Plan is
consistent with the intent of the Redevelopment Plan and is the first step in achieving
implementation of the Redevelopment Plan. The Redevelopment Plan defers to the General
Plan, the Zoning Code and any other applicable City plans for allowable uses and development
standards. Therefore, the requested actions (GPA and LCPA) are consistent with the Plan.
The southern portion of the Ponto Beachfront Village Area is located in the Poinsettia Shores
Master Plan and consists of three properties known as Planning Areas F, G and H of the Master
Plan. The uses permitted by the Master Plan in these Planning Areas are consistent with the uses
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encouraged by the Ponto Beachfront Vision Plan and the development standards do not conflict.
Therefore, the requested actions are consistent with the Poinsettia Shores Master Plan.
One lot consisting of 1.5 acres located at the northeasterly corner of the Ponto Beachfront
Village Area is also located in the Poinsettia Properties Specific Plan. This Specific Plan
primarily regulates development of the residential projects located north of the Vision Plan area.
However, it includes this small parcel and designates it for visitor-serving commercial. This is
consistent with the use for the lot encouraged by the Ponto Beachfront Village Vision Plan.
V. ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQ A) requires the preparation of an Environmental
Impact Report (EIR) for any project that may have a potential to cause a significant impact to the
environment. On July 19, 2005 the Carlsbad City Council directed the Housing and
Redevelopment Department and the Planning Department to move forward with the preparation
of an EIR for the proposed project. A request for proposals was prepared, three bids were
submitted and RBF Consulting was selected to prepare the independent environmental review.
Accordingly, a Program EIR has been prepared for the project as required by CEQA, the CEQA
Guidelines, and the Environmental Protection Procedures (Title 19) of the Municipal Code. The
Program EIR requires review and recommendation by the Planning Commission and subsequent
certification by the City Council.
EIRs are informational documents "which will inform public agency decision-makers and the
public generally of the significant environmental effect of a project, identify possible ways to
minimize the significant effects, and describe reasonable alternatives to the project" (Section.
15121 of the CEQA Guidelines). The purpose of this Program EIR is to evaluate the
environmental effects of the proposal, specifically the potential future impacts resulting from
development of property within the Ponto Beachfront Village Vision Plan area. It is intended for
use by both the decision makers and the public. The lead agency for the project is the City of
Carlsbad.
The environmental review process formally began in June 2006 with the release of a Notice of
Preparation (NOP) of a Program EIR followed by a 30-day public comment period and public
scoping meeting. The NOP was distributed to all responsible and trustee agencies, as well as
other agencies and members of the public. The evening scoping meeting was held on June 22,
2006, at the City's Faraday Center. At the scoping session, the public was invited to comment on
the scope and content of the Program EIR. Oral and written comments were received at the
scoping sessions. A copy of the NOP and the written comments received in response to the NOP
and public scoping sessions are included in the Final Program EIR.
After the environmental research was compiled, a Draft Program EIR was released for a 45-day
public comment period that began on April 12, 2007 and ended on May 29, 2007. A Notice of
Completion of the Draft Program EIR was published in a local newspaper. The Notice included
information on locations, including the City's website and libraries in Carlsbad where the Draft
Program EIR would be available to the public. This comprehensive review process afforded by
the public comment period produced 52 written comments on the Program EIR from individuals
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and organizations. The City considered all of the public comments on the Draft Program EIR
and provided a written response mailed directly to each commentator on August 14, 2007.
Responses to comments received on the Draft Program EIR are included in the Final Program
EIR.
The City posted the Final Program EIR on its website and made it available for review at both
public libraries, the City Clerk's office and the Community Development Department.
The Program EIR includes an analysis of potential environmental impacts associated with the
following issue areas:
• Air Quality
• Biological Resources
• Cultural Resources
• Hazards and Hazardous Materials
• Noise
• Geology and Soils
• Traffic and Circulation
• Visual Aesthetics and Grading
• Agricultural Resources
• Geology and Soils
• Hydrology and Water Quality
• Land Use and Planning
• Public Utilities and Service Systems
The Program EIR concludes that:
• The project will result in unavoidable significant impacts to cumulative Air Quality and
from Short-Term Construction Noise impacts. There are no feasible mitigation measures
that could be implemented on a project-by-project basis that would reduce these impacts
to below a level of significance. Therefore, no measures are available to the project that
could feasibly avoid or substantially lessen this effect.
• The project will result in significant impacts that can be mitigated to a less than
significant impact level to Biological Resources, Cultural Resources, from Hazards and
Hazardous Materials, to Noise, and Traffic and Circulation.
• The project will result in less than significant impacts to Visual Aesthetics and Grading,
Agricultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and
Planning, and Public Utilities and Service Systems.
Additionally, the Final Program EIR includes other substantive sections required by CEQA, such
as an executive summary, project description, cumulative effects, effects found not to be
significant, growth inducing effects and alternatives. The alternatives include the "No Project"
alternative, "Open Space" alternative, "Alternate Location" alternative, "No Development",
"Increased Residential Use/Open Space" alternative and the "Increased Open Space" alternative.
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The primary purpose of CEQA is to fully inform the decision makers and the public of the
environmental effects of a proposed project and to include feasible mitigation measures and
alternatives to reduce any such adverse effects below a level of significance. CEQA also
recognizes and authorizes the approval of projects where not all adverse impacts can be fully
lessened or avoided. Under CEQA, before a project which is determined to have significant,
unmitigated environmental effects can be approved, the public agency must consider and adopt a
"Statement of Overriding Considerations" pursuant to CEQA Guidelines 15043 and 15093. The
Lead Agency must explain and justify its conclusion to approve such a project through the
Statement of Overriding Considerations setting forth the project's specific economic, legal,
social, technological, or other benefits which support the Lead Agency's informed conclusion to
approve the project. The project will result in unavoidable significant impacts to cumulative Air
Quality and from Short-Term Construction Noise impacts. The CEQA Findings of Fact and
Statement of Overriding Considerations are attached to the Planning Commission Resolution for
the Program EIR. Staff recommends that the Planning Commission adopt Planning Commission
resolution No. 6338 recommending that the City Council certify EIR 05-05.
A copy of EIR 05-05 was previously distributed to the Planning Commission for review.
ATTACHMENTS:
1. Planning Commission Resolution No. 6338 (Environmental Impact Report)
2. Planning Commission Resolution No. 6339 (GPA)
3. Planning Commission Resolution No. 6340 (LCPA)
4. Planning Commission Resolution No. 6341 (DI - Vision Plan)
5. Location Map
6. Ponto Beachfront Village Vision Plan - Previously distributed
7. Ponto Beachfront Village Vision Plan Final Program EIR - previously distributed
in
SITE
PONTO BEACHFRONT VILLAGE
VISION PLAN
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