HomeMy WebLinkAboutEIR 09-01; Dos Colinas CEQA Findings; Environmental Impact Report (EIR) (Final); 2011-09-01CEQA Findings
Dos Colinas Final EIR 1 September 2011
EIR 09-01
California Environmental Quality Act
Findings
(Public Resource Code § 21081, CEQA Guidelines § 15091)
for the
Final Environmental Impact Report on
Dos Colinas
EIR 09-01; GPA 09-02; ZC 09-02; MS 09-04; CUP 09-02; SDP 09-02;
RMHP 96-01(D); LFMP 15(E); SUP 09-02; HDP 09-02; HMP 09-02
(SCH No. 2009111085)
City Council Resolution 2011-285; Approved January 10, 2012
1.0 Introduction
A Draft EIR was prepared for the Dos Colinas project, which included analysis of the proposed
project and alternatives to the project that would meet the most basic project objectives. The
Draft EIR was available for public review and comment for a period of 45 days (September 27, 2010
through November 10, 2010).
Comments were received by the City from agencies, organizations, and individuals regarding the
potential impacts to Agua Hedionda Creek associated with the affordable housing site and
development in the southern portion of the CCRC site. To respond to such concerns and
environmental impacts, the No Affordable Housing Site Alternative was refined by the project
applicant and design documents were submitted to the City for review and comment. This Refined
No Affordable Housing Site Alternative included the deletion of the offsite affordable housing
component ON APN 209-060-68, and the omission of the southern parcel (APN 209-060-71),
relocation of a small detention basin and four cottage units in the southern portion of the CCRC.
These changes were incorporated to further reduce potential impacts to Agua Hedionda Creek.
Analysis within Section 6.4 of the Final EIR was expanded to clarify and provide further detail of the
potential impacts of the Refined No Affordable Housing Site Alternative to the proposed project.
This refined alternative is an environmentally superior alternative under CEQA. The following
Findings of Fact pursuant to Public Resource Code § 21081; CEQA Guidelines § 15091, have been
drafted for the Refined No Affordable Housing Site Alternative. The applicant and City planning
staff support the review and adoption of the Refined No Affordable Housing Site Alternative.
1.1 Proposed Project
The proposed project consists of 55.7 gross acres of land located in the northeast quadrant of the
City of Carlsbad (City), San Diego County. Generally, the project site is located approximately 3
miles east of Interstate 5 and 2.5 miles south of State Route 78. More specifically, the site is located
north of the intersection of Sunny Creek Road and College Boulevard, north of El Camino Real, and
south of Cannon Road. The future alignment of College Boulevard Reach “A” will define the
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south of Cannon Road. The future alignment of College Boulevard Reach “A” will define the
eastern boundary of the Continuing Care Retirement Community site, as well as the western
boundary of the affordable housing site.
The Dos Colinas project consists of three primary components: 1) the development of a 309-unit
Continuing Care Retirement Community (CCRC); 2) the relocation and reconstruction of a
recreational vehicle (RV) storage and garden area for the residents of Rancho Carlsbad Estates;
and, 3) the development of a 29-unit income restricted multi-family development (i.e.,
apartments).
Continuing Care Retirement Community
The CCRC project is comprised of a total of 309 commercial living units. The housing types include
detached cottages, and attached independent living and assisted living units. Each of the CCRC
unit-types will be available for lease only. The facility is classified as a Professional Care Facility, as
defined pursuant to Carlsbad Municipal Code Section 21.04.295, which will include dietary and
medical services, and support services such as meals, housekeeping, laundry, transportation,
social/personal care services, and recreational activities. Parking for the independent living
buildings will be provided by a subterranean parking garage (52 spaces) located within Building #3
as well as a surface parking lot (280 spaces) which is intended to be shared with the assisted living
unit building. The easterly boundary of the CCRC site will be defined by the future extension of
College Boulevard Reach “A.” (EIR No. 98-02, SCH No. 99111082).
RV Storage/Garden Site
The proposed project also involves the relocation and reconstruction of an existing off-site
recreational vehicle storage and garden lot for the Rancho Carlsbad Estates community, to
northwestern boundary of the project site, western of the CCRC site and adjacent to the Rancho
Carlsbad Estates Community. These facilities will be relocated from their current location off-site on
APN 168-050-36 to the project site. The relocation of the existing RV storage and garden areas is
required as a mitigation measure for the previously-certified Calavera Hills Master Plan Phase II,
Bridge and Thoroughfare District No. 4 & Detention Basins Environmental Impact Report (EIR No. 98-
02, SCH No. 99111082).
Affordable Housing Site
The affordable housing site is proposed to be developed on a 3.2-gross acre vacant parcel
located approximately 400 feet southeast of the CCRC and RV storage and garden parcels (APN
209-060-68). The subject parcel is proposed to be subdivided into two lots which will
accommodate the affordable housing development, as well as open space to preserve the area
encompassing Agua Hedionda Creek and the supporting riparian canopy. A total of 29 low-
income multi-family affordable units are proposed.
1.2 Refined No Affordable Housing Site Alternative
As noted above, as a result of comments received during the Draft EIR public review period, the
project applicant has proposed a Refined No Affordable Housing Site Alternative that would omit
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the affordable housing site (APN 209-060-68) that was a component of the proposed project. The
Refined No Affordable Housing Site Alternative would further reduce impacts associated with the
development of the proposed CCRC by reducing the number of cottages by four living units, to a
total of 58 units and eliminating the grading and development under the proposed project on the
equestrian parcel (APN 209-060-71). This refined alternative is the recommended project design
supported by both City Staff and applicant for consideration by the City Council for adoption and
implementation. Under the refined alternative, no amendments to the Sunny Creek Specific Plan
are proposed.
The Refined No Affordable Housing Site Alternative would consist of 46.0 gross acres within one
parcel (APN 209-060-70). The parcel is proposed for subdivision into three separate legal lots for the
community care facility, the RV storage, and open space. The Refined No Affordable Housing Site
Alternative development plan consists of a total of 305 commercial living units, consisting of
cottages, and Independent Living (IL) and Assisted Living (AL) units.
Under this alternative, the affordable housing site (APN 209-060-68) would not be developed with
29 affordable housing units as a component of the proposed project and the site would remain in
its existing condition as primarily vacant land, and not be subject to any environmental review or
permitting. However, the inclusionary housing would still apply to the proposed project. Therefore,
as an alternative to the current inclusionary housing proposal, the applicant has proposed to
designate 20 of the independent living units on-site as income-restricted or 24 units offsite at a
location to be determined (pursuant to the City’s Housing Policy Team, March, 17, 2011) prior to
recordation of the final map.
1.3 Project Objectives
The following statements represent objectives of the project. These objectives also provide a basis
for identification of alternatives evaluated in the EIR.
• Construct and operate a community that will be licensed by the California State
Department of Social Services as a Continuing Care Retirement Community (CCRC) which
meets all applicable state and local licensing requirements and complies with all
applicable regulations;
• Operate the facility in compliance with the Fair Housing Act definition of “housing for older
persons” in that at least one person who is 55 or older will occupy at least 80 percent of the
occupied units;
• Construct and operate a multi-unit professional care facility/senior community catering to
older adults desiring access to various onsite services;
• Construct and operate a facility that provides a “supportive living” approach to provide
services in a home environment, blending in the latest knowledge and expertise from the
various long-term and personal care disciplines;
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• Provide residents with an environment that allows them as much independence as
possible, yet is safe, resulting in maximizing their quality of life and dignity;
• Construct and operate a project that provides a residential setting that provides and
coordinates housing, basic and personal care services, 24-hour supervision and assistance
(scheduled and unscheduled), activities, and health-related services;
• Provide the highest quality service-enhanced community for seniors in the market;
• Design a senior community which encourages social interaction by providing a variety of
common indoor and outdoor recreation areas/activities;
• Provide a facility that allows for protective oversight of residents including monitoring of the
general condition and whereabouts of a resident with regular visits by personal aides,
regular health check-ups and a 24-hour emergency call system;
• Provide for compatible and complimentary adjacent land uses and facilities;
• Implement a project that is sensitive to the environment and aesthetically pleasing;
• Strengthen the City’s tax base and economic viability through property taxes;
• Provide increased employment opportunities for local residents;
• Construct a multi-family affordable housing development to comply with the City’s
Affordable housing requirements;
• Provide multi-family units that will add to the diversity of housing opportunities within the
City;
• Construct College Boulevard Reach “A” to complete this General Plan Circulation Element
Roadway;
• Provide a topographically level area which is conducive for senior citizens;
• Locate a senior community in an area which is within a reasonable walking distance of a
bus or transit stop;
• Relocate the existing Rancho Carlsbad Estates RV storage and garden areas in order to
satisfy the mitigation measure requirement for the previously certified College Boulevard
Reach “A” EIR (EIR 98-02, SCH No. 99111082);
• Provide additional emergency access to and from Rancho Carlsbad Estates through the
proposed project site; and
• Development and retention of open space and wildlife habitat through the preservation
and enhancement of sensitive flora and fauna.
1.4 Purpose of CEQA Findings
CEQA Findings play an important role in the consideration of projects for which an EIR is prepared.
Under Public Resources Code §21081 and CEQA Guidelines §15091, where a final EIR identifies one
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or more significant environmental effects, a project may not be approved until the public agency
makes written findings supported by substantial evidence in the administrative record regarding
each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines
§15091(a) are:
(1) Changes or alterations have been required in, or incorporated into, the project, which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was
prepared unless either:
1. The project approved will not have a significant effect on the environment, or
2. The agency has:
a. Eliminated or substantially lessened all significant effects where feasible as shown in
the findings under Section 15091; and,
b. Determined that any remaining significant effects on the environment found to be
unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
2.0 Findings of Significant Impacts, Required
Mitigation Measures and Supporting Facts
The City, having reviewed and considered the information contained in the EIR, finds pursuant to
Public Resources Code §21081(a)(1) and Guidelines §15091(a)(1) that changes or alterations have
been required in, or incorporated into, the Project which would mitigate, avoid, or substantially
lessen to below a level of significance the following potential significant environmental effects
identified in the EIR.
2.1 Air Quality
A. Significant Impact. The Refined No Affordable Housing Site Alternative would result in
exceedances in oxides of nitrogen (NOx) of the San Diego Air Pollution Control District
(SDAPCD) threshold during the Rough Grading/Hauling construction phase (short-term
impact).
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B. Facts in Support of Finding (1). The Project’s potentially significant air quality impact would be
mitigated to below a level of significance with implementation of Mitigation Measures AQ-1
and AQ-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure AQ-1
Construction equipment shall be equipped with an engine designation of EPA Tier 2 or better Tier
(Tier 2+). A list of the construction equipment and the associated EPA Tier shall be submitted to the
City Planning Department prior to issuance of a grading permit.
Mitigation Measure AQ-2
All scraper equipment shall meet the “Blue Sky Series” equivalent standard. The “Blue Sky Series”
designation (40 CFR Part 89) is a voluntary program enacted by the USEPA requiring participating
engine manufactures to produce cleaner burning engines that are at least 40% better than the
current Tier 2 or 3 mandates. This measure would require the use of scraper equipment that meets
this standard (or equivalent). These standards are specified below:
• The maximum CO emissions from Tier 2 equipment is 0.0082 pounds per horsepower-hour
(lb/HP-hr) for equipment with power ratings between 50 and 175 HP, and 0.0057 lb/HP-hr for
equipment with power ratings over 175 HP. Tier 3 ratings only apply between 50 to 750 HP and
are identical to Tier 2 requirements. Tier 4 requirements (to be phased-in between 2008 and
2015) set a sliding scale on CO limits ranging from 0.0132 lb/HP-hr for small engines, to 0.0057
lb/HP-hr for engines up to 750 HP.
• The maximum NOx and PM10 emissions from Tier 2 equipment are 0.0152 and 0.0003 lb/HP-hr
regardless of the engine size. Tier 3 emissions were either not adopted or must meet the Tier 2
requirement. Tier 4 standards further reduce this level to 0.0006 lb/HP-hr for NO, and 0.00003
lb/HP-hr for PM for engines over 75 HP.
A list of the scraper equipment and the associated EPA Tier (Blue Sky Series or equivalent) shall be
submitted to the City Planning Department prior to issuance of a grading permit.
2.2 Greenhouse Gas Emissions
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative
would contribute approximately 1,524 metric tons CDE/year which would exceed the 900-ton
quantitative threshold suggested by the California Air Pollution Control Officers Association
(CAPCOA). The project is required to be consistent with the requirements of AB 32.
B. Facts in Support of Finding (1). The Project’s potentially significant impact would be mitigated
to below a level of significance with implementation of Mitigation Measures GHG-1 and GHG-
2, provided below from the Final EIR (Section 6.4).
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C. Mitigation Measures
Mitigation Measure GHG-1
Prior to the issuance of a grading permit for any phase of project development, the proposed
project shall demonstrate that the following greenhouse gas offset measures have been
implemented, or will be implemented during construction activities.
The Diesel Equipment (Compression Ignition) offset Strategies (40% to 60% Reduction):
1. Electricity from power poles shall be used rather than temporary diesel power generators.
2. Construction equipment operating onsite shall be equipped with two to four degree
engine timing retard or precombustion chamber engines.
3. Scraper equipment shall meet the “Blue Sky Series” equivalent standard (reference
Mitigation Measure AQ-2 in Section 5.3-Air Quality.)
4. Other construction equipment used for the project shall utilize EPA Tier 2 or better engine
technology.
Vehicular Trip (Spark Ignition) Offset Strategies (30% to 70% Reduction):
1. Transportation Demand Management (TDM) Measures: Commute alternatives shall be
encouraged by informing construction employees and customers about transportation
options for reaching your location (i.e. post transit schedules/routes).
2. Construction vehicles shall be kept well maintained to prevent leaks and minimize
emissions.
Mitigation Measure GHG-2
Prior to the issuance of a building permit for any habitable structure, the Applicant shall
demonstrate compliance with the following measures. These measures shall be shown on the
building plans for each component of the project (i.e., IL and AL buildings, and cottages), to
ensure that the features will be incorporated into the project. Verification of compliance can be
accomplished as part of City inspection of buildings prior to issuance of certificate of occupancy.
Onsite Energy Offset Strategies (50% to 70% Reduction):
1. All new structures shall meet California Code of Regulations Title 24 part 6: California’s Energy
Efficiency Standards.
2. All new structures shall use compact fluorescent lights.
4. Dimmable ballasts to dim lights to take advantage of daylight shall be installed.
5. A programmable thermostat shall be installed in all habitable units to control heating and air
conditioning.
6. All major hot water pipes shall be insulated.
7. Refrigeration cold suction lines shall be insulated.
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8. Weather stripping shall be used to close air gaps around doors and windows.
9. Electrical equipment, including all appliances shall be Energy Star compliant.
10. Ceiling fans shall be installed in the cottages.
11. Transportation Demand Management (TDM) Measures:
• Vanpool/Shuttle service for senior residents;
• Van use/Shuttle service to public transportation for employees; and
• Carpool promotion and parking spaces available for employees.
2.3 Noise
2.3.1 Construction Noise
A. Significant Impact. Implementation of the proposed project would result in a significant noise
impact (exceedance of 75-dBA Leq-8h threshold) related to construction activities affecting
adjacent noise-sensitive uses. The closest existing residences to the construction area for the
RV storage lot are the Rancho Carlsbad Estates, located approximately 25 or more feet from
the western property boundary of the RV storage lot. Based on the construction equipment
and distance to the closest residences, the construction noise is anticipated to generate
intermittent maximum noise levels of up to approximately 90 dBA at the adjacent residences.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to
construction noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-1, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-1
Prior to Grading Permit issuance for Phase I and Phase II, the Applicant shall ensure that:
• 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
noise is directed away from or shielded from sensitive noise receivers.
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• During construction, stockpiling and vehicle staging areas shall be located as far as practical
from noise sensitive receptors.
• The project shall be in compliance with the City’s Municipal Code such that grading activities
are limited to the hours of 7:00 a.m. to sunset, Monday through Friday, and between 8:00 a.m.
and sunset on Saturday.
2.3.2 Exterior Recreational Noise
A. Significant Impact. Onsite parks and courtyards are proposed to be located on the project
site, including a larger park, with an amphitheater, picnic area, and children’s play area west
of Independent Living Building 3. The closest onsite resident has the potential to be exposed to
recreational noise associated with the use of the park amphitheatre, picnic area, and
children’s play area.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to exterior
recreational noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-2
The park amphitheater, picnic area, recreation areas for the IL buildings, and children’s play area
shall not be used between the hours of 10:00 p.m. and 7:00 a.m. This restriction shall be included as
a condition to the CCRC facility’s conditional use permit.
2.3.3 Traffic Generated Noise: Exterior
A. Significant Impact. The ground floor noise level of the assisted/independent living buildings
adjacent to College Boulevard would range up to 71 dB CNEL. The noise level would exceed
the City’s noise guidelines (60 dB threshold) by up to 11 dB, and would result in a significant
noise impact. In addition, the backyards of the homes located adjacent to College Boulevard
at the north and south cluster of cottages would be exposed to noise levels greater than 60 dB
CNEL.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to traffic
generated noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-3, provided below from the Final EIR (Section 6.4).
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C. Mitigation Measure
Mitigation Measure N-3
Prior to the issuance of building permits for any building associated with Phase II, six to ten-foot high
noise barriers shall be constructed to mitigate noise impacts adjacent to College Boulevard. The
noise barrier heights at the CCRC site are depicted on Figure 6.4-14. The noise barriers may be
constructed as a wall, berm, or combination of both; however, the overall height of the masonry
wall shall not exceed six feet. The noise barriers must have a surface density of at least 3.5 pounds
per square foot, and have no openings or cracks. The wall may be constructed of 5/8 inch
Plexiglas, any masonry material, or a combination of these materials.
2.3.4 Traffic Generated Noise: Interior
A. Significant Impact. The three independent living buildings and assisted living/Alzheimer’s
buildings would be exposed to interior noise levels exceeding the City of Carlsbad’s maximum
threshold of 45 dB for residential land uses.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to traffic
generated noise would be mitigated to below a level of significance with implementation of
Mitigation Measure N-4, as provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure N-4
Prior to the issuance of building permits for the development of Phase II, an interior noise study will
be required for the three independent living buildings and the assisted living/Alzheimer’s building to
ensure that the interior CNEL would not exceed 45 dB. Any additional measures identified by the
acoustical analysis that are necessary to achieve an interior standard of 45 dB CNEL shall be
incorporated into the building/architectural plans. The buildings will require air-conditioning and/or
mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact.
2.3.5 Heating Ventilation and Air Conditioning Equipment Noise
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative has
the potential to expose the inhabitants of the future cottages, located adjacent to the
independent living and assisted living/Alzheimer’s buildings, to noise related to heating,
ventilation, and air conditioning (HVAC) equipment.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to heating
ventilation and air conditioning equipment noise would be mitigated to below a level of
significance with implementation of Mitigation Measure N-5, provided below from the Final EIR
(Section 6.4).
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C. Mitigation Measure
Mitigation Measure N-5
Prior to finalizing the mechanical equipment plans for the independent living buildings and the
assisted living/Alzheimer’s building of Phase II, the plans shall be evaluated to ensure that outdoor
mechanical equipment noise would at a minimum not exceed 60 dB CNEL at the proposed
adjacent cottage residences.
2.3.6 McClellan-Palomar Airport Noise
A. Significant Impact. The project site is located within the McClellan-Palomar Airport Overflight
Notification Area. As such, the project may be subject some of the annoyances or
inconveniences associated with proximity to airport operations. This is considered a significant
noise impact.
B. Facts in Support of Finding (1). The Project’s potentially significant impact related to airport
noise would be mitigated to below a level of significance with implementation of Mitigation
Measures N-6 and N-7, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure N-6
New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the
ALUCP shall be notified as part of the standard Carlsbad Noise Disclosure that the project area is
outside the 60 db(A) CNEL airport noise impact area, but still subject to intermittent single-event
noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state
statute dictates that the following statement shall be provided:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity
to airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
and determine whether they are acceptable to you.
This measure shall be implemented through inclusion of the standard Carlsbad Noise Disclosure in
the lease for the residents of the senior community. Prior to issuance of building permits for Phase II,
the City of Carlsbad Planning Department shall be responsible for verification of implementation of
this measure.
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Mitigation Measure N-7
Prior to recordation of the final map for Phase II, an overflight notification document shall be
recorded for any local agency approval or new residential land use development within the
overflight notification area. The document shall inform property owners that the property is subject
to aircraft overflight, aircraft noise exposure, and other airport-related impacts. The City of
Carlsbad Planning Department shall be responsible for verification of implementation of this
measure through the recordation of a Notice (“Noise Form No. 2”).
2.4 Biological Resources
2.4.1 Phase I
A. Significant Impact. The relocation of the RV storage and garden area, as part of Phase I of
the Refined No Affordable Housing Site Alternative, would permanently impact approximately
7.0 acres of extensive agriculture and 0.6 acre of disturbed habitat (HMP Habitat Group F). The
new location of the RV storage and garden area is designed to replace existing off-site
facilities located northeast of College Boulevard-Reach “A”; this is a required mitigation
measure of the Final EIR for the College Boulevard Reach “A” (EIR No. 98-02 SCH No.
99111082). The impacts to extensive agriculture and disturbed habitat are considered
significant per the City’s HMP. In addition, 0.1 acre of extensive agriculture and 0.1 acre of
disturbed habitat would be temporarily impacted by the development of Phase I.
B. Facts in Support of Finding (1). The Project’s potentially significant biological resources impacts
associated with Phase I of the project would be mitigated to below a level of significance with
implementation of Mitigation Measures B-1 through B-4, provided below from the Final EIR
(Section 6.4).
C. Mitigation Measures
Mitigation Measure B-1
Prior to issuance of a grading permit for improvements proposed for Phase I of construction (i.e.,
grading to support the new RV storage/garden plot parcel), per the Carlsbad HMP, the Applicant
shall pay in-lieu mitigation fees as a result of significant direct impacts to 7.0 acres of extensive
agriculture (HMP Habitat Group F) and 0.6 acre of disturbed habitat (HMP Habitat Group F). The in-
lieu mitigation fees shall be in an amount to be determined pursuant to the City of Carlsbad Fee
Schedule.
Mitigation Measure B-2
Prior to issuance of a grading permit for improvements proposed for Phase I, construction (grading
and building) and design measures listed below shall be implemented into the construction
documents to avoid and minimize the likelihood of unanticipated impacts occurring.
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• A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and
b) project construction within 300 feet of sensitive habitat to ensure compliance with all
conservation measures. The biologist shall be knowledgeable of upland and wetland biology
and ecology. The biologist shall perform the following duties:
- Oversee installation of, and inspect temporary fencing and erosion control measures
approximately once per week (or as determined necessary by the biologist and City
Project Manager) and daily during all rain events to ensure that any breaks in the fence or
erosion control measures are repaired immediately.
- Monitor the work area weekly (or as determined necessary by the biologist and City
Project Manager) to ensure that work activities do not generate excessive amounts of
dust.
- Train all contractors and construction personnel on the biological resources associated
with this project and ensure that training is implemented by construction personnel. At a
minimum, training should include: a) the purpose for resource protection; b) the
conservation measures that should be implemented during project construction, including
strictly limiting activities, vehicles, equipment, and construction materials to the fenced
project footprint to avoid sensitive resource areas in the field (i.e., avoided areas
delineated on maps or on the project site by fencing); d) environmentally responsible
construction practices, and e) the protocol to resolve conflicts that may arise at any time
during the construction process.
- Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the
Wildlife Agencies within 24 hours of discovery of its occurrence.
• Prior to construction activities, the construction manager should implement and maintain BMPs
according to the City’s HMP and/or according to Appendix B of the Final MHCP Subarea Plan,
Volume II.
• Prior to construction activities, all wetland areas within 50 feet of construction shall be
protected by orange environmental fencing to protect them from damage (if determined
necessary by the biologist and City Project Manager). Fencing shall be implemented and
maintained by the construction manager and not interfere with wildlife movement or flows
along the riparian corridors.
• Prior to construction activities, the construction manager shall implement and maintain silt
fencing or other sediment trapping devices in order to prevent run-off from entering the water
systems during construction activities.
• Adequate requirements for dust, drainage, and erosion control shall be incorporated into
project plans and grading conditions. The erosion control material used for revegetation
purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of
similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed
by the California Invasive Plant Inventory (Cal-IPC) in the California Invasive Plant Inventory
(2007).
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• Construction storm water management plans shall be prepared and followed through the
implementation of a Storm Water Pollution Prevention Plan (SWPPP).
• The Applicant and the contractor shall execute a construction contract that includes the
following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and
construction materials to the fenced project footprint; b) the project site shall be kept as clean
of debris as possible (all food related trash items should be enclosed in sealed containers and
regularly removed from the site); c) pets of project personnel shall not be allowed on the
project site; d) disposal or temporary placement of excess fill, brush or other debris should not
be allowed in adjacent waters of the United States or their banks; and e) all equipment
maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall
occur in designated staging areas outside of waters of the United States within the fenced
project impact limits. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from waters of the United States. Contractor equipment shall be
checked for leaks prior to operation and repaired as necessary.
• All environmental permits and authorizations for work shall be kept on site and fully reviewed
and complied with by the project superintendent and City representative.
Mitigation Measure B-3
After completion of site grading and associated Phase I improvements for the RV storage/garden
parcel, areas temporarily impacted shall be revegetated with appropriate native species for
erosion control purposes.
Mitigation Measure B-4
If construction (grading) of Phase I would occur during the migratory bird breeding season
(generally defined as January 15 – September 15), a pre-construction survey for active migratory
bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior
to the start of construction. The results of the survey shall be submitted to the City and CDFG in the
form of a written report, and should include the following information: a) date(s) of survey, b) total
field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an
active bird nest were found, no “take” of nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and
§3513. Based on similar projects, if the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary fencing, and would be in effect
throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100
feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and
localized conditions (e.g., width and type of screening vegetation between the nest and the
proposed activity, terrain, existing level of human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced buffer.
CEQA Findings
Dos Colinas Final EIR 15 September 2011
EIR 09-01
2.4.2 Phase II
A. Significant Impact. Phase II of the Dos Colinas project may result in impacts to vegetation
communities, jurisdictional wetlands and waterways, and migratory birds. These impacts are
discussed in detail below.
Approximately less than 0.1 acre of disturbed valley needlegrass and 0.6 acre of Diegan
coastal sage scrub located within the CCRC footprint would be permanently impacted due to
the development of Phase II. Permanent impacts would also occur to approximately 0.1 acre
of eucalyptus woodland, 27.2 acres of extensive agriculture, and 1.1 acres of disturbed habitat
due to the development of Phase II. All permanent impacts to disturbed valley needlegrass
grassland (HMP Habitat Group B), Diegan coastal sage scrub (HMP Habitat Group D),
eucalyptus woodland (HMP Habitat Group F), extensive agriculture (HMP Habitat Group F),
and disturbed habitat (HMP Habitat Group F) are significant under CEQA and the City’s HMP.
In addition, approximately less than 0.1 acre of Diegan coastal sage scrub, 0.1 acre of
eucalyptus woodland, 0.2 acre of extensive agriculture, and 0.1 acre of disturbed habitat
would be temporarily impacted with implementation of Phase II of the refined alternative.
As part of Phase II of the Dos Colinas project, an off-site storm drain will be constructed to
provide permanent drainage for the project site. The refined alternative cannot avoid direct
permanent impacts to waters regulated as streambank by the CDFG for the construction of
the storm drain. Construction of the off-site storm drain will result in an impact to 0.01 acre of
non-vegetated earthen stream bank subject to regulation by the California Department of Fish
and Game.
With regards to sensitive species, construction activities associated with Phase II of the Dos
Colinas project may result in impacts to raptors, least Bell’s vireo and lower sensitivity species.
Impacts include exposure to construction noise and loss of habitat due to the removal of trees
on-site.
Moreover, Phase II could result in potential indirect impacts such as increased erosion or
sedimentation offsite along Little Encinas Creek and Agua Hedionda Creek as a result of
ground disturbance from construction of the RV Parking/Garden parcel, planned senior
community storm drain channel, and sewer access road. In addition, intrusion of invasive non-
native species could occur passively through natural seed recruitment in disturbed onsite soils
and/or actively through site development revegetation or erosion control measures. Indirect
impacts may also result from artificial lighting during construction and/or site development
lighting that could affect adjacent natural areas.
B. Facts in Support of Finding (1). The Project’s potentially significant biological resource impacts
associated with Phase II of the project would be mitigated to below a level of significance with
implementation of Mitigation Measures B-5 through B-15, provided below from the Final EIR
(Section 6.4).
CEQA Findings
Dos Colinas Final EIR 16 September 2011
EIR 09-01
C. Mitigation Measures
Mitigation Measure B-5
Pursuant to the HMP, a mitigation ratio of 3:1 shall be applied to permanent impacts to <0.1 (0.04)
acre of disturbed valley needlegrass grassland and a mitigation ratio of 1:1 shall be applied to
permanent and temporary impacts to 0.65 acre of Diegan coastal sage scrub.
As a result, 0.13 acre of valley needlegrass grassland would be created within Parcel 3 via removal
of 0.13 acres of extensive agriculture habitat and replacement with native grasses with a minor
inclusion of Diegan coastal sage scrub constituents. Project mitigation for impacts to Diegan
coastal sage scrub shall occur via preservation of 1.08 acres of existing Diegan coastal sage scrub
within Parcel 3. Parcel 3 will be preserved as open space in perpetuity.
Prior to the issuance of a grading permit or clearing of any habitat associated with Phase II,
whichever occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot which is being conserved for natural habitat in
conformance with the City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses qualifications
to manage the open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity
in accordance with the requirements of the North County Multiple Habitats Conservation
Plan and the City’s Open Space Management Plan.
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the Planning Director and conservation entity, if any, in an
amount sufficient for management and monitoring of the open space lot(s) in perpetuity.
d. Record a Conservation Easement over the open space lot(s). The conservation easement
shall meet the minimum standards outlined pursuant to CMC Section 21.21.050(C) and the
HMP.
e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity. The Preserve Management Plan shall meet the minimum
standards outlined pursuant to CMC Section 21.210.050(D) and the HMP.
Mitigation Measure B-6
Prior to issuance of a grading permit for improvements proposed for Phase II, construction (grading
and building) and design measures listed below shall be implemented into the construction
documents to avoid and minimize the likelihood of unanticipated impacts occurring.
• A monitoring biologist shall be onsite during a) the initial clearing and grubbing of habitat and
b) project construction within 300 feet of sensitive habitat to ensure compliance with all
conservation measures. The biologist shall be knowledgeable of upland and wetland biology
and ecology. The biologist shall perform the following duties:
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- Oversee installation of, and inspect temporary fencing and erosion control measures
approximately once per week (or as determined necessary by the biologist and City
Project Manager) and daily during all rain events to ensure that any breaks in the fence or
erosion control measures are repaired immediately.
- Monitor the work area weekly (or as determined necessary by the biologist and City
Project Manager) to ensure that work activities do not generate excessive amounts of
dust.
- Train all contractors and construction personnel on the biological resources associated
with this project and ensure that training is implemented by construction personnel. At a
minimum, training should include: a) the purpose for resource protection; b) the
conservation measures that should be implemented during project construction, including
strictly limiting activities, vehicles, equipment, and construction materials to the fenced
project footprint to avoid sensitive resource areas in the field (i.e., avoided areas
delineated on maps or on the project site by fencing); d) environmentally responsible
construction practices, and e) the protocol to resolve conflicts that may arise at any time
during the construction process.
- Halt work, if necessary, and confer with the Wildlife Agencies to report any violation to the
Wildlife Agencies within 24 hours of discovery of its occurrence.
• Prior to construction activities, the construction manager shall implement and maintain BMPs
according to the City’s HMP and/or according to Appendix B of the Final MHCP Subarea Plan,
Volume II.
• Prior to construction activities, all wetland areas within 50 feet of construction shall be
protected by orange environmental fencing to protect them from damage (if determined
necessary by the biologist and City Project Manager). Fencing shall be implemented and
maintained by the construction manager and not interfere with wildlife movement or flows
along the riparian corridors.
• Prior to construction activities, the construction manager shall implement and maintain silt
fencing or other sediment trapping devices in order to prevent run-off from entering the water
systems during construction activities.
• Adequate requirements for dust, drainage, and erosion control shall be incorporated into
project plans and grading conditions. The erosion control material used for revegetation
purposes shall include a hydroseed-mix of non-invasive herbaceous species, consisting of
similar species currently on site. Specifically, the hydroseed-mix shall avoid those species listed
by the California Invasive Plant Inventory (Cal-IPC) in the California Invasive Plant Inventory
(2007).
- In addition to the above recommended hydroseed mix, the lowest detention basin in
elevation, in the southwestern portion of the CCRC site shall be planted with native
container plants as recommend by the biologist.
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Dos Colinas Final EIR 18 September 2011
EIR 09-01
• Construction storm water management plans shall be prepared and followed through the
implementation of a Storm Water Pollution Prevention Plan (SWPPP).
• The project shall incorporate low sodium, downcast/fully shielded temporary (during
construction activities if required) and permanent lighting (associated with CCRC site and
affordable site adjacent to the open space) within its lighting plan.
• The Applicant and the contractor shall execute a construction contract that includes the
following requirements: a) employees shall strictly limit their activities, vehicles, equipment, and
construction materials to the fenced project footprint; b) the project site shall be kept as clean
of debris as possible (all food related trash items should be enclosed in sealed containers and
regularly removed from the site); c) pets of project personnel shall not be allowed on the
project site; d) disposal or temporary placement of excess fill, brush or other debris should not
be allowed in adjacent waters of the United States or their banks; and e) all equipment
maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall
occur in designated staging areas outside of waters of the United States within the fenced
project impact limits. Fueling of equipment shall take place within existing paved areas
greater than 100 feet from waters of the United States. Contractor equipment shall be
checked for leaks prior to operation and repaired as necessary.
• All environmental permits and authorizations for work shall be kept on site and fully reviewed
and complied with by the project superintendent and City representative.
Mitigation Measure B-7
After completion of site grading and associated Phase II improvements, all areas temporarily
impacted shall be revegetated with appropriate native species for erosion control purposes.
Mitigation Measure B-8
Prior to issuance of a grading permit for improvements proposed for Phase II of construction, per
the Carlsbad HMP, the Applicant shall pay in-lieu mitigation fees as a result of significant direct
impacts to 27.3 acres of extensive agriculture (HMP Habitat Group F), 0.2 acre of eucalyptus
woodland, and 1.1 acres of disturbed habitat (HMP Habitat Group F). The in-lieu mitigation fees
shall be in an amount to be determined pursuant to the City of Carlsbad Fee Schedule.
Mitigation Measure B-9
Prior to issuance of a grading permit for Phase II, the alignment of the storm drain shall be finalized.
If the storm drain cannot be located within the existing road at Rancho Carlsbad, and construction
of the storm drain is under the Proposed or Alternative 1 Stormdrain alignment, the construction of
the storm drain will require the approval of a streambed alteration agreement with the CDFG,
pursuant to section 1602 of the California Fish and Game Code. If Alternative 2 Stormdrain
Alignment, as detailed in the above section, is selected for implementation, this mitigation is not
applicable and shall be signed off.
CEQA Findings
Dos Colinas Final EIR 19 September 2011
EIR 09-01
Mitigation Measure B-10
If construction (grading) of Phase II would occur during the migratory bird breeding season
(generally defined as January 15 – September 15), a pre-construction survey for active migratory
bird nests including raptor nests shall be conducted within approximately forty-eight (48) hours prior
to the start of construction. The results of the survey shall be submitted to the City and CDFG in the
form of a written report, and should include the following information: a) date(s) of survey, b) total
field time of survey efforts, c) name(s) of investigator(s), and d) if any active nests were found. If an
active bird nest were found, no “take” of nesting migratory birds may occur in accordance with
regulatory requirements of the federal MBTA and California Fish and Game Codes §3503 and
§3513. Based on similar projects, if the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary fencing, and would be in effect
throughout construction or until the nest is no longer active. The buffer shall be a minimum of 100
feet of a non-listed nesting migratory bird nest and 300 feet from an active raptor nest. The
Applicant may consult with CDFG to discuss a reduced buffer size if species sensitivity and
localized conditions (e.g., width and type of screening vegetation between the nest and the
proposed activity, terrain, existing level of human activity within the buffer and in the surrounding
area, and existing ambient level) warrant a reduced buffer.
Mitigation Measure B-11
After the issuance of a grading permit, construction (grading) for Phase II adjacent to the
occupied habitat, shall occur outside of the least Bell’s vireo and Cooper’s hawk breeding season
(generally defined as January 15 – September 15). If avoidance of the nesting bird season is not
feasible, vegetation removal and construction activities may occur during the restricted work
period if the project biologist conducts a focused survey for active nests within forty-eight (48)
hours prior to work in the area. The results of the survey shall be submitted to the City and Wildlife
Agencies via fax and/or email. If the survey identifies an active nest, a buffer shall be established
between the construction activities and the active nest so that nesting activities are not
interrupted. The buffer shall be delineated by temporary fencing, and shall be in effect throughout
construction or until the nest is no longer active. The buffer shall be a minimum of 300 feet around
a Cooper’s hawk nest and 500 feet around active least Bell’s vireo nest. The Applicant may
consult with the Wildlife Agencies to discuss a reduced buffer size if species sensitivity and localized
conditions (e.g., width and type of screening vegetation between the nest and the proposed
activity, terrain, existing level of human activity within the buffer and in the surrounding area, and
existing ambient level) warrant a reduced buffer.
Mitigation Measure B-12
If an active vireo nest is located, construction noise levels at the project edge closest to the
occupied habitat shall be kept below ambient noise levels or 60 dBA (if ambient less than 60 dBA)
from 5 a.m. to 11 a.m. during the peak nesting period of March 15 to July 15. For the balance of
the day/season, the noise levels shall not exceed 60 decibels, averaged over a one-hour period on
an A-weighted decibel. Noise levels shall be monitored and monitoring reports shall be provided
to the City and Wildlife Agencies via fax and/or email. Noise levels in excess of this threshold shall
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EIR 09-01
require written concurrence from the Wildlife Agencies and may require additional
minimization/mitigation measures.
Mitigation Measure B-13
Prior to issuance of a building permit, permanent fencing (i.e., lodge pole with vinyl chain link
screening the open areas between horizontal beams to prevent domestic animal intrusion) shall be
installed along the southern border of the property (i.e. property line adjacent to APN 209-060-71,
southern extent of south cluster of cottages and upland open space parcel).
2.5 Cultural Resources
A. Significant Impact. The project is located in area containing dense scattering of prehistoric
sites and is located near the Agua Hedionda Lagoon, a major resource center for prehistoric
populations (the San Dieguito Complex, La Jolla Complex, and Luiseño Indians). As such, there
is a potential that previously undiscovered archaeological resources could be encountered
during grading activities associated with the Refined No Affordable Housing Site Alternative.
B. Facts in Support of Finding (1). The Project’s potentially significant cultural resources impact
would be mitigated to below a level of significance with implementation of Mitigation
Measures CR-1 A. through F., and CR-2, provided below from the Final EIR (Section 6.4).
C. Mitigation Measures
Mitigation Measure CR-1
Prior to the issuance of a grading permit, any development of the Refined No Affordable Housing
Site Alternative will require the implementation of an Archaeological Monitoring Program as a
mitigation measure. This program will provide the means to ensure that any historic or prehistoric
resources that may be encountered during grading of the project are identified, evaluated, and
subjected to mitigation measures, if necessary. The monitoring program will be directed by an
individual approved by the City and who meets the minimum qualifications for Principal
Investigator listed in 36 CFR 61 under the Secretary of the Interior’s Standards and Guidelines for
Archaeology and Historic Preservation. The archaeologist will be qualified in site identification,
significance evaluation of archaeological deposits, consultation with regulatory agencies, and to
plan site evaluation and mitigation activities. The qualified archaeologist must implement the
grading monitoring program to mitigate potential impacts to undiscovered buried archaeological
resources to the satisfaction of the City of Carlsbad. The onsite monitors shall be experienced
archaeologists operating under the direction of the Principal Investigator. The basis for this
requirement is that any construction within the APE may include areas where potentially important
buried cultural deposits could be discovered. In order to identify any significant and previously
undocumented cultural deposits, the monitoring program will require the presence of an
archaeological monitor, as well as a Luiseno Native American monitor, during all grading and
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EIR 09-01
excavation associated with the CCRC site under the refined alternative. This program shall
include, but shall not be limited to, the following actions:
A. Prior to project commencement, the qualified Principal Investigator and Native American
monitor shall attend the pre-grading meeting with the contractors to explain and
coordinate the requirements of the monitoring program.
B. During the cutting or excavation of previously undisturbed deposits, archaeological
monitor(s) and Native American Observers shall be on site full-time to perform inspections
of the excavations. The number of monitors will depend on the rate of excavation, the
number of areas being graded at any one time, the materials excavated, and the
presence and abundance of artifacts and features.
C. In the event that previously unidentified and potentially significant cultural resources are
discovered, the monitoring archaeologist 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 Principal Investigator shall contact the City of
Carlsbad representative at the time of discovery. The Principal Investigator, in consultation
with City staff, shall determine the significance of the discovered resources. For any
significant cultural resources discovered during monitoring of grading, further mitigation
measures (data recovery) will be necessary to complete the impact mitigation. A
detailed description of the additional mitigation measures will be prepared by the
consulting archaeologist and approved by the City, prior to implementation. Isolates and
clearly non-significant deposits will be minimally documented in the field and the
monitored grading can proceed.
D. If any Native American burials, human skeletal or other remains including associated grave
goods are discovered, the Principal Investigator shall contact the County Coroner and the
City representative for the project immediately. In the event that the remains are
determined to be of Native American origin, the Most Likely Descendant (MLD, as
identified by the Native American Heritage Commission, shall be contacted in order to
determine proper treatment and disposition of the remains.
E. All cultural material collected during the grading monitoring program shall be processed
and curated according to current professional repository standards. The collections and
associated records shall be transferred, including title, to an appropriate curation facility
within San Diego County, to be accompanied by payment of the fees necessary for
permanent curation. If the Native American representatives request that artifacts be
repatriated to the local Native American community, this shall be conducted as directed
by the City.
F. Complete and submit to the satisfaction of the City, a final monitoring report for the
project that documents the results, analysis, and conclusions of all phases of the
Archaeological Monitoring Program. However, in the event that no cultural resources are
discovered, a brief letter to that effect shall be sent to the City by the Principal Investigator
that the grading monitoring activities have been completed. Regardless, the report shall
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include any updated Archaeological Site forms, which must also be submitted to the
South Coastal Information Center.
Mitigation Measure CR-2
Prior to commencement of grading of the CCRC site (including the RV storage and garden area),
the developer shall enter into a pre-excavation agreement with a representative of the San Luis
Rey Band of Mission Indians. The purpose of the agreement will be to formalize monitoring
requirements and procedures for the treatment of Native American human remains, burial,
ceremonial or cultural sites that may be uncovered during any ground disturbance activity.
2.6 Geology/Soils
A. Significant Impact. The project site for the Refined No Affordable Housing Site Alternative may
be prone to landslides and slope instability, potential settlement, and liquefaction. In addition,
the residual soils and deposits encountered within the project site are identified as moderately
to highly expansive. Furthermore, because groundwater was encountered at the CCRC site,
there is concern that the presence of deep, potentially compressible alluvial deposits coupled
with shallow groundwater may cause a settlement hazard to the project site.
B. Facts in Support of Finding (1). The Project’s potentially significant geology/soils impact would
be mitigated to below a level of significance with implementation of Mitigation Measure GS-1,
provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure GS-1
Prior to approval of final grading plans for either the CCRC site or RV storage/garden area, the City
shall verify that all recommendations contained in the Updated Geotechnical Investigation Dos
Colinas Residential Development have been incorporated into all final grading plans. The City’s
soil engineer and engineering geologist shall review grading plans prior to finalization, to verify plan
compliance with the recommendations of the report. All future grading and construction of the
project site shall comply with the geotechnical recommendations contained in the geotechnical
reports. These reports identify specific measures for mitigating geotechnical conditions on the
project site, and addresses grading, slope stability, foundations, concrete slabs-on-grade, and
earth retaining walls.
2.7 Paleontological Resources
A. Significant Impact. Implementation of the Refined No Affordable Housing Site Alternative will
require earthwork that will occur within Quaternary (Pleistocene terrace deposits) and Tertiary
(Santiago Formation) deposits, including the Santiago Formation. These formations have a
high paleontological resource sensitivity. Because the refined alternative will disturb
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geological formations that have a high sensitivity, the potential impact to paleontological
resources is considered significant.
B. Facts in Support of Finding (1). The Project’s potentially significant paleontological resources
impact would be mitigated to below a level of significance with implementation of Mitigation
Measure PR-1, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure PR-1
Prior to project site grading for all phases of development, a qualified paleontologist shall be
retained to carry out an appropriate mitigation program. A qualified paleontologist is defined as
an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontology
procedures and techniques.
• The qualified paleontologist shall be present at the pre-construction meeting to consult with
grading and excavation contractors concerning excavation schedules, paleontological field
techniques, and safety issues.
• A paleontological monitor shall be onsite on a full-time basis during the original cutting of
previously undisturbed deposits of high paleontological resource potential (Pleistocene Terrace
Deposits and Santiago Formation) to inspect exposures for contained fossils. A paleontological
monitor is defined as an individual who has experience in the collection and salvage of fossil
materials. The paleontological monitor should work under the direction of a qualified
paleontologist.
• When fossils are discovered the paleontologist (or paleontological monitor) shall recover them.
In most cases, this fossil salvage can be completed in a short period of time. However, some
fossil specimens (such as a complete large mammal skeleton) may require an extended
salvage period. In these instances the paleontologist (or paleontological monitor) shall be
allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a
timely manner. Because of the potential for the recovery of small fossil remains, such as
isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing
operation on the site.
• Fossil remains collected during the monitoring and salvage portion of the paleontological
mitigation program shall be cleaned, repaired, sorted, and cataloged.
• Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be
deposited (as a donation) in a scientific institution with permanent paleontological collections
such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied
by financial support for initial specimen storage.
• A final paleontological monitoring and recovery (if applicable) summary report shall be
completed that outlines the results of the mitigation program. This report shall include
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discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and
significance of recovered fossils.
2.8 Hydrology/Water Quality
2.8.1 Erosion and Siltation
A. Significant Impact. The Refined No Affordable Housing Site Alternative would include the use
of graders and other earthmoving equipment during initial site preparation. These activities
would generate dust and require the use of water trucks to meet fugitive dust requirements.
The use of water trucks increases the potential for silt to exit the project site and enter the
surrounding Agua Hedionda Creek watershed. Increased erosion may also occur from
construction activities and the modification and/or filling and rerouting of existing drainage
patterns. Therefore, the refined alternative has the potential to result in significant adverse
impacts related to erosion and siltation.
B. Facts in Support of Finding (1). The Project’s potentially significant hydrology/water quality
impact related to erosion and siltation would be mitigated to below a level of significance with
implementation of Mitigation Measure WQ-1, provided below from the Final EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure WQ-1
Prior to issuance of a grading permit for any phase of the development, the applicant shall
prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution
Prevention Program (SWPPP) to demonstrate that pollutants will be controlled through compliance
with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General
Construction Stormwater Permit (Order No. 2009-0009-DWR, NPDES CAS000002), and the General
Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES CAS0108758). The applicant shall be
responsible for monitoring and maintaining the BMP erosion control measures identified below on a
weekly basis in accordance with the City’s grading and erosion control requirements (Municipal
Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted on the
SWPPP Site Map. BMPs that shall be installed include, but are not limited to, the following:
• Silt fence, fiber rolls, or gravel bag berms;
• Check dams;
• Street sweeping and vacuuming;
• Storm drain inlet protection;
• Stabilized construction entrance/exit;
• Hydroseed, soil binders, or straw mulch;
• Containment of material delivery and storage areas;
• Stockpile management;
• Spill prevention and control;
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• Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and,
• Concrete waste management.
2.8.2 Hydromodification
A. Significant Impact. Because a majority of the project site is currently undeveloped, the Refined
No Affordable Housing Site Alternative has a potential to result in a hydrology/water quality
impact related to an increase in impervious areas over existing conditions, increasing
stormwater runoff volumes and altering the route and velocity in which water flows across the
project site. Changes in stormwater runoff can lead to increased erosion and sedimentation
rates of downstream channels, creeks, and rivers, causing increased turbidity, channel
aggradation, or channel degradation.
B. Facts in Support of Finding (1). The Project’s potentially significant hydrology/water quality
impact related to stormwater runoff volumes would be mitigated to below a level of
significance with implementation of Mitigation Measure WQ-2, provided below from the Final
EIR (Section 6.4).
C. Mitigation Measure
Mitigation Measure WQ-2
Prior to the issuance of a grading permit for any phase of development, the applicant shall
prepare a Final Hydromodification Plan in accordance with the Final Hydromodification
Management Plan for the phase of grading being permitted. The final plan shall show how the
project complies with the applicable hydromodification provisions of Order R9-2007-0001 and is
designed so that post-project runoff flow rates and directions do not exceed pre-project runoff
flow rates and duration for applicable design storms.
2.8.3 Water Quality
A. Significant Impact. The Refined No Affordable Housing Site Alternative would require grading
of the site and would result in water quality impacts associated with construction such as
increased sedimentation or debris. In addition, once constructed, the project site will likely
generate certain pollutants commonly found in similar developments that could affect water
quality downstream from the project site.
B. Facts in Support of Finding (1). The Project’s potentially significant hydrology/water quality
impact would be mitigated to below a level of significance with implementation of Mitigation
Measures WQ-1 (as listed above) and WQ-3, provided from the Final EIR (Section 6.4).
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C. Mitigation Measure
Mitigation Measure WQ-3
Prior to the issuance of grading permits or other approvals for any public or private right-of-way
improvements or site development plans, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, improvement plans that demonstrate that pollutants will
be controlled through compliance with the City of Carlsbad SUSMP and Stormwater Management
Program (SWMP). Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has incorporated the post-development water quality pollution
control site design BMPs, source control BMPs, and structural treatment control BMPs into the
project design to the maximum extent practicable.
3.0 Effects Found Not to be Significant
The City finds, based on the substantial evidence appearing in Chapter 7.0 of the EIR, that the
following impacts on the following resources will not be significant: Agricultural and Forest
Resources, Mineral Resources, and Recreation.
4.0 Findings Regarding Feasible Alternatives
Pursuant to CEQA Guidelines §15126.6(a), EIRs must “describe a range of reasonable alternatives
to the project, or to the location of the project, which would feasibly attain most of the basic
objectives of the project but would avoid or substantially lessen any of the significant effects of the
project, and evaluate the comparative merits of the alternatives.”
The EIR considers a reasonable range of alternatives. The alternatives to the Project are evaluated
in Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the Project, and
eliminate or further reduce its significant environmental effects. Based on these parameters, the
following alternatives are considered: (1) No Project/No Development Alternative, (2) Existing
General Plan Alternative, and (3) Refined No Affordable Housing Site Alternative.
As noted above, the Refined No Affordable Housing Site Alternative is the recommended project
by both City staff and the applicant for adoption by the City Council. The Findings prepared for this
project reflect the Refined No Affordable Housing Site Alternative, potential impacts and
associated mitigation measures to reduce those impacts to below a level of significance.
Because detailed description of the Refined No Affordable Housing Site Alternative are included
above, the following is a summary of the two other alternatives analyzed within this EIR.
4.1 No Project-No Development Alternative
The No Project/No Development Alternative assumes that the Dos Colinas project, as proposed,
would not be implemented and the project site would not be developed. The No Project/No
Development Alternative would not provide new assisted living units and affordable housing to
CEQA Findings
Dos Colinas Final EIR 27 September 2011
EIR 09-01
meet the needs of the City of Carlsbad’s anticipated population growth. Overall, the No
Project/No Development Alternative would not meet any of the project objectives.
The No Project/No Development Alternative is environmentally superior to the proposed project.
Similar to the proposed project, implementation of this alternative would result in no significant
environmental effects associated with land use, traffic/circulation, grading /aesthetics, and
population/housing. This alternative would avoid impacts associated with air quality, greenhouse
gas emissions, noise, biological resources, cultural resources, geology/soils, paleontological
resources, hazardous materials and hazards, hydrology/water quality, and public services/utilities.
However, under this alternative none of the basic objectives of the project would be met. The No
Project/No Development Alternative would not provide a multi-unit professional care facility/senior
community catering to older adults desiring access to various onsite services and would not
provide living units that will add to the diversity of housing opportunities within the City.
Furthermore, this alternative would not provide increased employment opportunities for local
residents. Therefore, this alternative, while Environmentally Superior under CEQA, is not
recommended for approval.
4.2 Existing General Plan Alternative
The Existing General Plan Alternative assumes that the project site would be developed pursuant to
the specifics of the existing General Plan land use designations.
Under this scenario, development of the project site would be primarily either one large subdivision
or a series of single-family residential subdivisions (residential low-medium density). The residential
low-medium density (RLM) General Plan designation allows 0-4 dwelling units per acre. Open
space areas, similar to the existing open space areas that surround the site, will be maintained.
Grading is assumed to be similar in area and quantity as the proposed project. Additional
emergency access to and from Rancho Carlsbad Estates would be provided through the
proposed project site. This alternative would comply with the City’s Inclusionary Housing Ordinance
by developing 15% of the total units as affordable to low income households. Thus, the project
would result in the provision of moderate-priced housing pursuant to the Regional Housing needs.
The Existing General Plan alternative would not include the development of a continuing care
retirement community. However, it is assumed that the RV storage/garden area would be included
as it is a requirement from a mitigation measure for the future extension of College Boulevard
Reach “A” (EIR No. 98-02, SCH No. 99111082) and the Local Facilities Management Plan for Zone
15. The CCRC site contains 52.5 gross acres. If the acreage for land with existing slopes greater
than 25%, land with sensitive biological habitat (including riparian and wetlands), and existing
floodway areas are removed from development under this alternative, the result would be 48.43
net acres. Assuming a growth management control point of 3.2 dwelling units per acre for the RLM
General Plan Land Use designation, this alternative would result in a total of 155 residential units.
The affordable housing site would consist of both open space and residential uses and contains 3.2
gross acres. If the acreage for existing floodway areas is removed from development under this
CEQA Findings
Dos Colinas Final EIR 28 September 2011
EIR 09-01
alternative, the result would be 1.88 net acres. Assuming a maximum of 2 dwelling units per acre,
this alternative would result in a total of 4 residential units.
As compared to the proposed project, the Existing General Plan Alternative would provide 155
single-family dwelling units instead of 309 commercial living units and 29 multi-family dwelling unit
associated with the proposed project, or 305 commercial living units as proposed under the
Refined No Affordable Housing Site Alternative.
This alternative is consistent with the existing RLM General Plan Land Use designation and would not
require a General Plan Amendment. The current zoning for the project site is Limited Control (L-C)
and the project site would need to be re-zoned to Residential (R-1). Similar to the proposed
project, implementation of this alternative would result in no significant environmental effects
associated with land use, traffic/circulation, grading /aesthetics, and population/housing.
However, it should be noted that the existing General Plan Alternative would generate more ADTs
(1,550 ADTs) when compared to the Refined No Affordable Housing Site Alternative (1,090 ADTs).
This alternative would reduce or avoid impacts associated hydrology/water quality and public
services/utilities. Under this alternative impacts to noise, biological resources, cultural resources,
geology/soils, paleontological resources, and hazardous materials and hazards would be similar to
those identified for the proposed project; and impacts to air quality and greenhouse gas emissions
would be greater than those identified for the proposed project. In addition to resulting in similar or
greater impacts to those identified for the proposed project, this alternative would not meet the
following objectives of the project:
• Construct and operate a community that will be licensed by the California State
Department of Social Services as a Continuing Care Retirement Community (CCRC) which
meets all applicable state and local licensing requirements and complies with all applicable
regulations;
• Operate the facility in compliance with the Fair Housing Act definition of “housing for older
persons” in that at least one person who is 55 or older will occupy at least 80 percent of the
occupied units;
• Construct and operate a multi-unit professional care facility/ senior community catering to
older adults desiring access to various onsite services;
• Construct and operate a facility that provides “supportive living” approach to provide
services in a home environment, blending in the latest knowledge and expertise from the
various long-term and personal care disciplines;
• Construct and operate a project that provides a residential setting and coordinates housing,
basic and personal care services, 24-hour supervision and assistance (scheduled and
unscheduled), activities, and health-related services;
• Provide the highest quality service enhanced community for seniors in the market; and
• Provide a facility that allows for protective oversight of residents including monitoring of the
general condition and whereabouts of a resident with regular visits by personal aides,
regular health check- ups and a 24-hour emergency call system.
CEQA Findings
Dos Colinas Final EIR 29 September 2011
EIR 09-01
While this alternative is considered feasible under CEQA, and provides for additional housing stock
within the City of Carlsbad, it does not meet many of the most basic objectives for the proposed
project and it is not recommended for approval on this site.
5.0 Environmentally Superior Alternative
While the No Project/No Development Alternative is considered the environmentally superior
alternative, as it reduces or avoids most of the environmental effects identified for the proposed
project, the State CEQA Guidelines, Section15126.6(e)(2) requires that another alternative be
identified as the Environmentally Superior Alternative among the other alternatives. The Refined No
Affordable Housing Site Alternative has been identified as an additional Environmentally Superior
Alternative. This project design is recommended by both the project applicant and City staff for
consideration and approval by the City Council.
6.0 Consideration and Approval of the Final EIR
Pursuant to Article 7 of the State CEQA Guidelines, these Findings have been prepared for the
consideration and approval of the Final EIR and the analysis contained herein. The Final EIR was
completed in accordance with CEQA; and the decision-making body, the City Council for the City
of Carlsbad, has reviewed and considered the information contained in the Final EIR prior to
action. It is recommended that the Refined No Affordable Housing Site Alternative, along with the
above detailed mitigation measures to reduce identified significant environmental effect to below
a level of significance, be adopted. No outstanding significant impacts associated with this
refined, environmentally superior alternative would occur; and therefore, no Statement of
Overriding Considerations is proposed.
7.0 Statement of Location and Custodian of Documents
and Other Materials that Constitute a Record of
Proceedings
CEQA [Section 21081.6(a)(2)] requires that the lead agency, in this case the City of Carlsbad,
specify the location and custodian of the documents and other material that constitute the record
of proceedings upon which its decision is based. It is the purpose of this statement to satisfy this
requirements.
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, California 92008-7314
Because this project was subject to a hearing of the City Council, the following is also a location for
retention and custodianship of documents and other material that constitutes the record of
proceedings.
City of Carlsbad
City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
OR City of Carlsbad – Dove Library
1775 Dove Lane
Carlsbad, California 92011
CEQA Findings
Dos Colinas Final EIR 30 September 2011
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