Loading...
HomeMy WebLinkAbout2011-07-06; Planning Commission; Resolution 67871 PLANNING COMMISSION RESOLUTION NO. 6787 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN ADDENDUM TO THE PREVIOUSLY 4 APPROVED MITIGATED NEGATIVE DECLARATION FOR THE 2005-2010 HOUSING ELEMENT. CASE NAME: HOUSING ELEMENT PROGRAM 2.1 6 CASE NO: GPA11-04 7 WHEREAS, on December 22, 2009, the City Council adopted Resolution 2009- g0 322, which adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting 9 Program ("Mitigated Negative Declaration") and approved General Plan Amendment GPA 03- 10 02 to update the Housing Element for the 2005-2010 housing cycle ("2005-2010 Housing 11 Element"); and 1 £ 13 WHEREAS, shortly after adoption of Resolution 2009-322, a lawsuit, Friends of 14 Aviara v. City of Carlsbad ("Lawsuit"), was filed challenging the adequacy of the Mitigated 15 Negative Declaration and the validity of the 2005-2010 Housing Element; and WHEREAS, on May 18, 2011, the Superior Court entered a judgment which 17 found that the Mitigated Negative Declaration complied with the requirements of the California 18 Environmental Quality Act (CEQA), but required the City to revise the 2005-2010 Housing 2Q Element in accordance with Government Code section 65583(c) to include a timeline for 21 processing each of the amendments to the General Plan necessary to implement the 2005-2010 22 Housing Element; and 23 WHEREAS, in response to the judgment and direction from the City Council 24 regarding the Lawsuit as contained in City Council Resolution 2011-068, the Planning Director 25 has filed an application for a General Plan Amendment to amend the time frames by which the26 27 actions in Program 2.1 are to be completed as contained in HOUSING ELEMENT 28 PROGRAM 2.1 - GPA 11-04; and WHEREAS, furthermore, the 2010 Annual Housing Element Progress Report 2 identified the developer-withdrawal of applications to build the Bridges at Aviara (Pontebello) 3 project, the affordable housing component of which Section 3 of the 2005-2010 Housing 4 Element counted toward providing affordable housing for lower-income persons; and 5 WHEREAS, the 2010 Annual Housing Element Progress Report, accepted by the 7 City Council on March 22, 2011, as part of City Council Resolution 2011-044, also identified ° proposed projects to replace these affordable units; and 9 WHEREAS, in compliance with the California Environmental Quality Act 10 ("CEQA"), an Addendum to the Mitigated Negative Declaration was prepared to determine if the 11 preparation of a subsequent Mitigated Negative Declaration, based on the conditions described 13 in Section 15162 of the CEQA Guidelines, was required for HOUSING ELEMENT 14 PROGRAM 2.1 - GPA 11-04, and 15 WHEREAS, the changes noted in the 2010 Annual Housing Element Progress Report regarding Bridges at Aviara and the potential projects to replace its affordable units, 17 while they do not require an amendment to the General Plan and are not part of Program 2.1 or 18 GPA 11-04, constitute a change or addition to the Project Description and Initial Study on which 2Q the Mitigated Negative Declaration is based; and 21 WHEREAS, the Planning Commission did, on July 6, 2011, hold a duly noticed 22 public hearing as prescribed by law to consider said request; and 23 WHEREAS, the Addendum, dated July 6, 2011, and attached hereto as Exhibit 24 "A," includes as attachments the Mitigated Negative Declaration with the Project Description 25 and Initial Study and the 2010 Annual Housing Element Progress Report; and 26 ~7 WHEREAS, the Addendum was presented to the Planning Commission and the 28 Planning Commission reviewed and considered the Addendum and the information attached to it, prior to approving GPA 11-04; and PC RESO NO. 6787 -2- WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, examining the Addendum, and 3 analyzing the information submitted by City staff, the Planning Commission considered all 4 - factors relating to the Addendum. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 7 Commission of the City of Carlsbad, as follows: o A) That the above recitations are true and correct. 9 B) That based on the evidence presented at the public hearing, the Commission 10 RECOMMENDS APPROVAL of the Addendum to the Mitigated Negative Declaration, based on the following findings: 11 Findings: 13 1. The Planning Commission does hereby find that the Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the CEQA 14 Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 15 2. The Planning Commission has reviewed, analyzed, and considered the Addendum with the previously approved Mitigated Negative Declaration prior to RECOMMENDING APPROVAL of the Project, and it reflects the Planning Commission's independent 1 j judgment. 18 3. The Planning Commission does hereby find that RECOMMENDING APPROVAL of an Addendum to the Mitigated Negative Declaration is appropriate 19 and in conformance with CEQA because the revision of the 2005-2010 Housing Element in compliance with the judgment and writ of mandate in the Lawsuit will require only minor technical changes or additions to the previously adopted Mitigated Negative 21 Declaration and none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent Negative Declaration have 22 occurred. Accordingly, this Addendum and the previously adopted Mitigated Negative Declaration comply with the requirements of CEQA for environmental review of the 23 proposed revision of the 2005-2010 Housing Element in that: a. There are no significant new environmental effects and no substantial 25 increase in the severity of a previously identified significant effect. The analysis and mitigation contained in the Mitigated Negative Declaration 26 remain adequate to address the minor revisions made by General Plan Amendment GPA 11-04 and to the Project Description and Initial Study as described in the 2010 Annual Housing Element Progress Report. Proposed, 20 changes, for example, merely revise completion dates by which future General Plan amendments identified in Program 2.1 are anticipated to occur. Similarly, although the new projects (Quarry Creek and Dos Colinas) PC RESO NO. 6787 -3- identified in the 2010 Annual Housing Element Progress Report are 2 anticipated to cure the loss of affordable housing due to the withdrawal of the Bridges at Aviara (Pontebello) proposal (as indentified in Housing 3 Element Section 3), the new projects would not result in any new or more severe significant impacts. The City's plan for replacing 20 of the needed affordable housing units by the Dos Colinas project would not result in any new . or more severe environmental impacts because those units will consist of units already approved for development which would be deed-restricted for 5 affordable housing. It is anticipated the remaining six affordable housing units needed would be provided by the Quarry Creek project, which already is 7 addressed in the adopted Mitigated Negative Declaration and 2005-2010 Housing Element. The provision for six more affordable housing units in that project would not result in any new or more severe significant impacts than o 19 20 21 22 23 24 25 26 27 28 already have been considered in the adopted Mitigated Negative Declaration. IQ b. There has been no substantial change with respect to the circumstances under which the project is being undertaken which would require major 11 revisions to the Mitigated Negative Declaration. 12 c. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was certified. 14 d. The project will not have any significant effects not discussed in the 15 Mitigated Negative Declaration. 16 e. There are no new or additional mitigation measures that need to be added and there are no mitigation measure that are now found to be feasible th more significant effects of the project. and there are no mitigation measures previously found not to be feasible that are now found to be feasible that would substantially reduce one or PC RESO NO. 6787 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 6, 2011, by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, and Siekmann ABSENT: Commissioner Scully ABSTAIN: STEPHEN "HAP" L'HEUREyXChairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6787 -5- Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 ADDENDUM TO MITIGATED NEGATIVE DECLARATION (SCH # 2006051076) FOR THE CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT (GENERAL PLAN AMENDMENT GPA 03-02) 1. Introduction. In December 2009, the City Council of the City of Carlsbad (City) adopted Resolution No. 2009-322, which adopted a Mitigated Negative Declaration and approved a General Plan Amendment to update the Housing Element for the 2005-2010 Housing Cycle (2005-2010 Housing Element) as required by the California Government Code. Shortly thereafter, a lawsuit was filed challenging the adequacy of the Mitigated Negative Declaration and the validity of the 2005-2010 Housing Element. On May 18, 2011, the Superior Court entered a judgment which found that the Mitigated Negative Declaration complied with the requirements of the California Environmental Quality Act (CEQA), but required the City to revise the 2005-2010 Housing Element in accordance with Government Code section 65583(c) to include a timeline for processing each of the amendments to the General Plan necessary to implement the 2005-2010 Housing Element. In compliance with the judgment, the City has revised the 2005-2010 Housing Element in accordance with Government Code section 65583(c) to include an updated timeline for processing each of the amendments to the General Plan necessary to implement the 2005-2010 Housing Element. The revised 2005-2010 Housing Element (General Plan Amendment GPA 11-04) will be presented to the Housing Commission and the Planning Commission for their recommendation and to the City Council for approval. Pursuant to CEQA Guidelines section 15164(b), the City has prepared this Addendum to the previously approved Mitigated Negative Declaration to serve as the environmental review required by CEQA for the revised 2005-2010 Housing Element. The Addendum complies with the 1 Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 requirements of CEQA because (1) the Superior Court ruled that the previously adopted Mitigated Negative Declaration complied with CEQA, (2) only minor technical changes or additions to the previously adopted Mitigated Negative Declaration are necessary, and (3) none of the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent EIR or negative declaration have occurred. A copy of the previously adopted Mitigated Negative Declaration is attached as Attachment 1. 2. Background. Between 2004 and 2009, the City engaged in an extensive, multi-year public process to update the Housing Element of the Carlsbad General Plan in compliance with state law. The result of this process was embodied in the 2005-2010 Housing Element, which provided the goals, policies and programs that will enable the City to accommodate its share of the region's need for low and moderate income housing. Although it identified areas within the City which could accommodate additional affordable housing, the 2005-2010 Housing Element will not increase the overall number of dwelling units of the City authorized in the General Plan. In compliance with CEQA, the City prepared a Project Description/Initial Study to determine whether the 2005-2010 Housing Element may result in any significant impacts on the environment. The Initial Study found the 2005-2010 Housing Element would facilitate the construction of housing that may have significant impacts on a number of environmental resources unless mitigation was required. The Initial Study thus recommended mitigation measures to reduce or avoid the potential significant impacts and incorporated those measures into a Mitigation Monitoring and Reporting Program (MMRP). Because there were no unmitigated significant impacts, the City prepared a Mitigated Negative Declaration as the environmental document required by CEQA. Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 On February 12, 2009, the Housing Commission adopted Resolution No. 2009-001, which recommended approval of the 2005-2010 Housing Element. On November 18,2009, the Planning Commission adopted Resolution No. 6547, which recommended adoption of the Mitigated Negative Declaration and the MMRP, and Resolution No. 6548, which recommended adoption of the 2005- 2010 Housing Element. On December 22,2009, the City Council adopted Resolution No. 2009-322, which adopted and approved the findings and recommendations of the Housing Commission and the Planning Commission, adopted the Mitigated Negative Declaration, and approved the 2005-2010 Housing Element. Pursuant to Government Code section 65585(h), the California Department of Housing and Community Development reviewed the 2005-2010 Housing Element to determine whether it addressed the statutory requirements of housing element law. On March 30, 2010, the California Department of Housing and Community Development notified the City that the 2005-2010 Housing Element was in full compliance with housing element law. A copy of the California Department of Housing and Community Development's approval of the 2005-2010 Housing Element is attached as Attachment 2. On January 22,2010, a lawsuit entitled Friends ofAviara v. City of Carlsbad was filed in the San Diego Superior Court as Case No. 37-2010-00050553 (Lawsuit), challenging the adequacy of the Mitigated Negative Declaration and the validity of the 2005-2010 Housing Element. On March 28, 2011, the Superior Court issued an order finding that the Mitigated Negative Declaration complied with the requirements of CEQA, but the 2005-2010 Housing Element did not contain certain information required by the California Government Code. Therefore, on May 18,2011, the Superior Court entered a judgment and issued a writ of mandate requiring the City to revise the Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 2005-2010 Housing Element in accordance with Government Code section 65583(c) to include a timeline for processing each of the amendments to the General Plan necessary to implement the 2005-2010 Housing Element. A copy of the judgment is attached as Attachment 3. 3. Minor Technical Changes or Additions to the Previously Adopted Mitigated Negative Declaration. The City has prepared this Addendum to describe events concerning the Mitigated Negative Declaration and the 2005-2010 Housing Element which have occurred since they were adopted and approved by the City Council in December 2009. A description of these events is provided in Section 2 above and constitutes a minor technical change or addition to the Project Description & Initial Study for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) on which the Mitigated Negative Declaration is based. The City also has revised the 2005-2010 Housing Element in accordance with Government Code section 65 5 83 (c) to include a timeline for processing each of the amendments to the General Plan necessary to implement the 2005-2010 Housing Element. The necessary amendments are identified in Program 2.1of the 2005-2010 Housing Element. Timelines are provided for all amendments to the General Plan necessary to implement the 2005-2010 Housing Element. These timelines constitute a minor technical change or addition to the Project Description & Initial Study for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) on which the Mitigated Negative Declaration is based. Section 3 (Resources Available) of the 2005-2010 Housing Element identified the Bridges at Aviara Affordable Housing Component as a privately proposed development project that would help the City meet its Regional Housing Needs Assessment (RHNA) for lower income units during the Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 2005-2010 Housing Cycle. However, on July 16, 2010, the developer of the Bridges at Aviara (aka Pontebello) project withdrew its application for approval of the project, resulting in the loss of 76 potential low income apartments. Because the 2005-2010 Housing Element provided 50 more units that the City needed to meet its RHNA, the developer's withdrawal of the Bridges at Aviara project resulted in a net deficiency of 26 affordable housing units. Pursuant to Government Code section 65400(a)(2), the City informed the California Department of Housing and Community Development of the plan for addressing this deficiency in the City's 2010 Annual Housing Element Progress Report. A copy of the 2010 Annual Housing Element Progress Report is attached hereto as Attachment 4. The description of the developer's withdrawal of the Bridges at Aviara project and the City's plan for meeting the related deficit in meeting its RHNA needs are contained on pages 3-5 of the 2010 Annual Housing Element Progress Report and constitute a minor technical change or addition to the Project Description & Initial Study for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) on which the Mitigated Negative Declaration is based. 4. None of the Conditions Described in CEQA Guidelines Section 15162 Calling for Preparation of a Subsequent EIR or Negative Declaration Have Occurred. CEQA Guidelines section 15164(b) provides that an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary and none of the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent EIR or negative declaration has occurred. CEQA Guidelines section 15162 provides that, when a negative declaration has been adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines that: Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 (1) Substantial changes are proposed in the project which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) Substantial changes have occurred with respect to the surrounding circumstances which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (3) New information of substantial importance, which was not and could not have been known at the time the previous negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous mitigated negative declaration; (c) Mitigation measures or alternatives previously found infeasible would in fact be feasible, and would substantially reduce one or more significant effects of the project but the project proponent declines to adopt them; (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous mitigated negative declaration would substantially reduce one or more significant effects of the project but the project proponent declines to adopt them. The City has considered whether any of the events described in Section 3 above would satisfy the requirements for preparation of a subsequent mitigated negative declaration pursuant to CEQA Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 Guidelines section 15162. The revision of the 2005-2010 Housing Element required by the judgment and writ of mandate in the Lawsuit consists of the inclusion of timelines in accordance with Government Code section 65583(c) for processing each of the amendments to the General Plan necessary to implement the 2005-2010 Housing Element. The inclusion of timelines satisfies a technical requirement in accordance with Government Code section 65 5 83 (c) and does not constitute a substantial change in the proposed project or in the circumstances under which the project is undertaken, or new information of substantial importance, within the meaning of CEQA Guidelines section 15162. The inclusion of timelines also does not make any substantial change in the nature or scope of the 2005-2010 Housing Element or in the analysis of environmental effects contained in the adopted Mitigated Negative Declaration. The developer's withdrawal of the Bridges at Aviara project and the City's plan for compensating for the loss of affordable housing units as a result of the withdrawal of that project also do not satisfy the requirements for preparation of a subsequent mitigated negative declaration under CEQA Guidelines section 15162. Considered alone, the developer's withdrawal of the Bridges at Aviara project would reduce, not increase, the potential significant impacts of the 2005-2010 Housing Element. The City's plan for curing the deficit of 26 affordable housing units caused by withdrawal of the Bridges at Aviara project also would not meet the requirements for additional environmental review under CEQA Guidelines section 15162. The City's plan for replacing 20 of the needed affordable housing units by the Dos Colinas project would not result in any new or more severe environmental impacts because those units will consist of units already approved for development which would be deed-restricted for affordable housing. It is anticipated the remaining six affordable housing units needed would be provided by the Quarry Creek project, which already is Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 addressed in the adopted Mitigated Negative Declaration and 2005-2010 Housing Element. The provision for six more affordable housing units in that project would not result in any new or more severe significant impacts than already have been considered in the adopted Mitigated Negative Declaration. 5. Conclusion. The revision of the 2005-2010 Housing Element in compliance with the judgment and writ of mandate in the Lawsuit will require only minor technical changes or additions to the previously adopted Mitigated Negative Declaration. None of the conditions described in CEQA Guidelines section 15162 for the preparation of a subsequent EIR or mitigated negative declaration has occurred. Accordingly, this Addendum and the previously adopted Mitigated Negative Declaration comply with the requirements of CEQA for environmental review of the proposed revision of the 2005-2010 Housing Element. Pursuant to CEQA Guidelines Section 15164(c), the Addendum need not be circulated for public review but can be included in or attached to the adopted Mitigated Negative Declaration. The City Council will consider the Addendum with the adopted Mitigated Negative Declaration prior to making a decision on the revised 2005-2010 Housing Element. Exhibit "A" to Planning Commission Resolution 6787 July 6, 2011 Attachments: Attachment 1: Mitigated Negative Declaration and Project Description & Initial Study for City of Carlsbad 2005-2010 Housing Element (General Plan Amendment 03-02) Attachment 2: Letter from California Department of Housing and Community Development to City of Carlsbad, dated March 30, 2010 Attachment 3: Judgment Granting in Part and Denying in Part Writ of Mandate, filed May 18,2011 Attachment 4: City of Carlsbad 2010 Annual Housing Element Progress Report ATTACHMENT 1 1 RESOLUTION NO. 2009-322 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL 4 PLAN AMENDMENT TO ADOPT THE UPDATE OF THE HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE 5 AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE AND WHICH AFFECTS PROPERTIES THROUGHOUT THE 6 CITY. CASE NAME: 2005-2010 HOUSING ELEMENT 1 CASE NO.: GPA 03-02 8 . The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Housing Commission did, on February 12, 2009, hold a noticed public meeting to consider General Plan Amendment GPA 03-02, as referenced in Housing Commission Resolution No. 2009-001, and the Housing Commission adopted Housing Commission Resolution No. 2009-001, recommending to the Planning Commission and City Council that GPA 03-02 be approved; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 18, 2009, hold a duly noticed public hearing as prescribed by16 law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as referenced in Planning Commission Resolution No. 6547, and General Planlo g Amendment GPA 03-02, as referenced in Planning Commission Resolution No. 6548, and the 2Q Planning Commission adopted Planning Commission Resolutions No. 6547 and 6548 2j recommending to the City Council that they be approved; and 22 WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of 23 December , 2009, held a duly noticed public hearing to consider said Mitigated 24 Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan 25 Amendment; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 28 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 2 and General Plan Amendment. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 4 of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Housing Commission for the approval of 7 General Plan Amendment GPA 03-02 is adopted and approved, and that the findings of the Housing Commission contained in Housing Commission Resolution No 2009-001 on file with the City Clerk and incorporated herein by reference are the findings of the City Council. 9 3. That the recommendations of the Planning Commission for the (1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 10 and (2) approval of General Plan Amendment GPA 03-02 are adopted and approved, and that the findings of the Planning Commission contained in Planning Commission Resolutions No. 11 6547 and 6548 on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 12 4. This action is final the date this resolution is adopted by the City Council. 13 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review", shall apply: 14 "NOTICE TO APPLICANT" 15 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record 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 20 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of December. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. /IS, Mayor ATTEST: 1 PLANNING COMMISSION RESOLUTION NO. 6547 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE - CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 FOR A GENERAL PLAN AMENDMENT TO ADOPT THE UPDATE OF THE HOUSING ELEMENT FOR THE 2005-2010 5 HOUSING CYCLE AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE. 6 CASE NAME: 2005-2010 HOUSING ELEMENT CASE NO.: GPA 03-02 7 - 0 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified applicationo 9 with the City of Carlsbad to adopt a General Plan Amendment for the Draft 2005-2010 Housing 10 Element ("Draft Housing Element"), a document that affects properties throughout Carlsbad; and 11 WHEREAS, the Draft Housing Element is an update to the Housing Element 12 adopted in 2000 for the 1999-2005 Housing Cycle; and WHEREAS, a Mitigated Negative Declaration (MND) was prepared in 14 conjunction with said project; and 15 WHEREAS, subsequent to the public circulation of the MND from May 29, 16 2009 to June 28, 2009, staff prepared minor revisions to the Draft Housing Element and the MND, as necessary, to (1) delete text and figures regarding the La Costa Town Square 1 o i o project, which was approved by City Council in August 2009 without the residential and 20 mixed use high density components indentified in the Draft Housing Element; (2) add 21 additional shopping center sites with high density, mixed use potential to Table 3-7 and 22 related text; (3) revise text, tables and figures as necessary to reflect the above revisions; (4) update the MND's Initial Study (Environmental Impact Assessment Form) Sections 15 and 94 *17 on Transportation/Traffic and Mandatory Findings of Significance to match the 25 findings of the San Diego Association of Governments' Final 2008 Congestion Management 26 Program Update and amend the MND's list of supporting information sources to include 27 this document; and (5) amend Draft Housing Element Section 4 to clarify the ability of 28 1 water and sewer providers to serve the City's remaining Regional Housing Needs Assessment and to add to the Quarry Creek environmental constraints discussion that remediation of groundwater is occurring; and 4 WHEREAS, the minor changes to the MND and Draft Housing Element do 5 not require recirculation of the MND since they are consistent with the description of "new 6 information" in CEQA Section 15073.5(c) (4), which states recirculation is not required if „ "new information is added to the negative declaration which merely clarifies, amplifies, oro g makes insignificant modifications to the negative declaration;" and 10 WHEREAS, the minor revisions to the MND affect specifically the "Project 11 Description" and "Initial Study (Environmental Impact Assessment Form)"portions of the 12 environmental document, which are attached, and are shown as either strikeouts or bolded and underlined text; and 14 ... WHEREAS, the Planning Commission did on November 18, 2009, hold a duly 15 noticed public hearing as prescribed by law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, examining the initial study, analyzing the information submitted by staff, and18 ,Q considering any written comments received, the Planning Commission considered all factors 20 relating to the Mitigated Negative Declaration. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission as follows: 2-> A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Planning 25 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to 26 Exhibits "NOI," "MND," "Project Description" and "Initial Study (Environmental Impact Assessment Form)," and "MMRP" attached hereto and made a part 27 hereof, based on the following findings: 28 PCRESONO. 6547 -2- 2 Findings; J 1. The Planning Commission of the City of Carlsbad does hereby find: 4 a. It has reviewed, analyzed, and considered the Negative Declaration for the 5 DRAFT 2005-2010 HOUSING ELEMENT (dated December 2008) - GPA 03- 02, the environmental impacts therein identified for this project and said 6 comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project, 7 b. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; 10 c. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflect the independent judgment of the Planning Commission of the City of Carlsbad, and; 12 d. Based on the "Project Description" and "Initial Study (Environmental Impact Assessment Form)," the Mitigation Monitoring and Reporting Program, and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6547 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 18, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery Commissioners Dominguez and Douglas M. CARLSBAD PLANN ATTEST: QlrL :rson ON DONNEU Planning Director PC RESO NO. 6547 -4- NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Draft 2005-2010 Housing Element CASE NO: GPA 03-02 PROJECT LOCATION: City-wide PROJECT DESCRIPTION: The project is the adoption of the City of Carlsbad Draft 2005-. 2010 Housing Element, which requires a General Plan Amendment. California Housing Element law requires that local jurisdictions update their housing elements every five years. The Housing Element represents a chapter of the City's General Plan, a planning document that identifies the community's long-term goals for development. The Housing Element chapter provides guidance and direction for City policymakers to address the specific housing needs of the community. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study ,(EIA Part 2) identified potentially significant effects on .the environment, but (1) mitigation measures developed before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect;'(2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Scott Donnell in the Planning Department at (760) 602-4618. PUBLIC REVIEW PERIOD May 29. 2009 - June 28, 2009 PUBLISH DATE May 29. 2009 City of Carlsbad 2005-2010 Housing Element (General Plan Amendment GPA 03-02) Project Description & Initial Study City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Contact: Scott Donnell, Senior Planner (760)602-4618 Scott.Donnell@carlsbadca.gov Ho I. Project Description Update This environmental document, a Mitigated Negative Declaration, supersedes the Negative Declaration circulated by the City in January and February 2009. The Draft 2005-2010 Housing Element programs analyzed in both environmental documents remain the same. Please see the Environmental Review section below. Project Summary The project is the adoption of the City of Carlsbad Draft 2005-2010 Housing Element ("Draft Housing Element"). California Housing Element law requires that local jurisdictions update their Housing Elements every five years. The Housing Element represents a chapter, or element, of the City's General Plan, a planning document that identifies the community's long-term goals for development. Adoption of the Draft Housing Element requires an amendment to the General Plan. The Draft Housing Element provides guidance and direction for City.policymakers to address the specific housing needs of the community. For this Initial Study, the project is the adoption of the Draft Housing Element pursuant to Section 65302 of the California Government Code. California law provides guidance to communities in the preparation of the Housing Element.2 Per State law, the Housing Element has two main purposes: (1) To provide an assessment of both current and future housing needs and constraints in meeting these needs; and (2) To provide a strategy that establishes housing goals, policies, and programs. The Draft Housing Element is a plan for the 2005-2010 period. This differs from the City's other General Plan elements, which cover a much longer period. The Draft Housing Element serves as an integrated part of the General Plan but is updated more frequently to ensure its relevancy and accuracy. The Draft Housing Element identifies strategies and programs that focus on: (1) Conserving and improving existing affordable housing; (2) Maximizing housing opportunities throughout the community; (3) Assisting in the provision of affordable housing; (4) Removing governmental and other constraints to housing investment; and (5) Promoting fair and equal housing opportunities. State law requires Housing Elements to be updated every five years to reflect a community's changing housing needs, unless otherwise extended by State legislation. These five year periods, or housing cycles, are staggered throughout the state so all California cities and counties update their elements at different times. For San Diego County jurisdictions, the current housing cycle began July 1, 2005, and ends June 3*0, 2010. The state Department of Housing and Community Development, Division of Housing Policy Development (HCD) reviews Housing Elements for compliance with state law. With revisions made since its initial release in April 2007, HCD has found Carlsbad's Draft Housing Element V California Government Code, §65588 et. seq. 2 California Government Code, §65583 et. seq. GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 2 for the current housing cycle will comply with state law. This compliance is stated in a November 21, 2008, letter from HCD to the City. The compliant version of the Draft Housing Element is dated December 2008 and is the subject of this Project Description and Initial Study. The preparation of the Draft Housing Element has taken several years and has involved several public meetings before the City's Housing Commission and City Council. Now that the draft has been completed and found compliant by HCD, the Draft Housing Element and its related General Plan Amendment (GPA) will undergo the formal approval process. After receiving a recommendation of approval from the Housing Commission in February 2009, the GPA also will- be reviewed by the Planning Commission and City Council at public hearings. These hearing are expected to take place in summer 2009. If the City Council approves the Draft Housing Element, it will be sent to HCD for certification. Readers may view the HCD compliance letter and the City's Draft Housing Element, dated December 2008, at http://www.carlsbadca.gov/pdfdoc.html?pid=528 Project Location The City of Carlsbad is located along the Pacific coast in northern San Diego County. Carlsbad is bounded by the city of Oceanside to the north; the city of Encinitas to the south; the cities of San Marcos and Vista, and unincorporated San Diego County areas to the east; and the Pacific Ocean to the west. The Draft Housing Element applies to the areas within the City limits, which encompass approximately 42 square miles. The City contains three lagoons, extensive agricultural lands, and several large tracts of open space. Project Objectives The Draft Housing Element uses the residential goals and objectives of the City's adopted Land Use Element as a policy framework for developing more specific goals and policies in the Housing Element. The residential goals and objectives of the Land Use Element encompass four main themes: 1. Preservation: The City should preserve the neighborhood character, retain the identity of existing neighborhoods, maximize open space, and ensure slope preservation. 2. Choice: The City should ensure a variety of housing types (single-family detached or attached, multifamily apartments and condominiums) with different styles and price levels in a variety of locations for all economic segments and throughout the City. 3. Medium and High Density Uses in Appropriate, Compatible Locations: Medium and higher density uses should be located where compatible with adjacent land uses and where adequately and conveniently served by commercial and employment centers, transportation and other infrastructure, and amenities. Further, the City should encourage a variety of residential uses in commercial areas to increase the advantages of "close-in" living and convenient shopping. 4. Housing Needs: The City should utilize programs to revitalize deteriorating areas or those with high potential for deterioration and seek to provide low and moderate income housing. \ j GPA 03-02 - 2005-2010 HO ING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 3 Furthermore, affecting all development in Carlsbad is the Growth Management Program, the provisions of which are incorporated into the General Plan. Developed in 1986, the Growth Management Program ensures the timely provision of adequate pubic facilities and services to preserve the quality of life of Carlsbad residents. Accordingly, a purpose and intent of the Growth Management Program is to provide quality housing opportunities for all economic segments of the community and to balance the housing needs of the region against the public service needs of Carlsbad's residents and available fiscal and environmental resources. The Draft Housing Element was reviewed with regard to the Growth Management Program. As demonstrated herein, the City can meet its obligations under the law with respect to the Regional - Housing Needs Allocation under the Growth Management Program. Project Characteristics Each community in California has a responsibility to provide affordable housing and help address statewide housing needs. A process commonly known as the Regional Housing Needs Assessment (RHNA), mandated by State law, was developed to allocate the regional housing needs to individual jurisdictions. The San Diego Association of Governments (SANDAG) is responsible for developing the RHNA for the county and the 18 cities in San Diego County. RHNA figures are developed based on statewide housing needs; regional growth patterns; local growth potentials; housing market characteristics such as construction, demolition, and vacancy rates; and household characteristics such as average household size. Furthermore, the RHNA is divided into four income groups based on the county Median Family Income (MFI): • Very Low Income (up to 50 percent MFI) • Low Income (between 51 and 80 percent MFI) • Moderate Income (between 81 and 120 percent MFI) • Above Moderate Income (above 120 percent MFI) For the 2005-2010 Housing Element cycle, the State Department of Housing and Community Development (HCD) projected a need for 107,301 new housing units in the San Diego region. The San Diego Association of Governments (SANDAG) is responsible for allocating this future housing need to the 19 jurisdictions within the County. In this capacity, SANDAG developed a RHNA that determines each jurisdiction's "fair share" of the forecasted growth through 2010. Carlsbad's share of the regional housing need for the 2005-2010 period is allocated by SANDAG based on factors such as recent growth trends, income distribution, and capacity for future growth. The City of Carlsbad was assigned a future housing need of 8,376 units for the 2005-2010 planning period, or 7.8 percent of the overall regional housing need. The City must make available residential sites at appropriate densities and development standards to accommodate these 8,376 units according to the following income distribution: GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 4 • Very Low Income: 1,922 units (23.0 percent) • Low Income: 1,460 units (17.4 percent) • Moderate Income: 1,583 units (18.9 percent) • Above Moderate Income: 3,411 units (40.7.percent) For San Diego County, the regional growth projected by the State was for the period between January 1, 2003 and June 30, 2010. Therefore, while the Draft Housing Element is a five-year document covering July 1, 2005 to June 30, 2010, the City has seven and one-half years (January 1, 2003 through June 30, 2010) to fulfill the RHNA. Therefore, housing units constructed or issued Certificates of Occupancy during this period can be credited toward the RHNA for this housing cycle. As part of the City Inclusionary Housing program, a significant number of affordable units have been constructed (or are under construction) since January 1, 2003. Overall, based on the number of units constructed or under construction since January 1, 2003 through December 31, 2006, the City has already met 60 percent of its RHNA, with a remaining RHNA of 3,566 units (2,395 lower and 1,171 moderate income units). Approximately 25 percent of the units constructed or under construction during the 2003 to 2006 period are affordable to persons in the very low, low, and moderate income categories. Pursuant to State law, the City must demonstrate that it has adequate vacant and underutilized residential sites at appropriate densities and development standards to Accommodate the City's RHNA. Overall, the City has the capacity to accommodate 5,280 additional units on residentially designated land and in mixed-use and redevelopment areas. This capacity includes the ability to accommodate 3,028 lower income, 577 moderate income, and 1,675 above moderate income units. Combined, the City has land resources to meet the remaining RHNA of 3,566 units for lower and moderate income households using properties designated for Residential High and Residential Medium High densities. As the RHNA for above moderate income housing has already been satisfied by residences constructed through 2006, there is no remaining need to address for this income group. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management Plan. This program lowered the City's residential buildout capacity and imposed very specific facility improvement and/or fee requirements for all new development. The program divided the City into four quadrants and established a dwelling unit cap per quadrant. The cap for the entire City is 54,600 units, although the individual quadrant caps cannot be exceeded without approval from Carlsbad voters. The accommodation of the City's RHNA can be accomplished within the City's Growth management dwelling unit cap. While the Draft Housing Element does include programs (e.g., 2.1 and 2.2) to increase or allow residential density on several residential and non-residential properties for purposes of meeting the City's RHNA for lower and moderate income housing, the Draft Housing Element does not propose housing development beyond the total dwelling units anticipafed in the City's existing General Plan. The Draft Housing Element includes goals, policies, and programs to further facilitate increasing the supply of affordable housing; however, it does not directly provide for approval or construction of any housing, nor directly change any land use designations, use, or development standards. Individual development projects and proposed land use and code changes pursuant to adoption and implementation of the Draft Housing Element will be subject to separate environmental review as necessary by the City. ' i£. GPA 03-02-2005-2010 HO .NG ELEMENT ' PROJECT DESCRIPTION FOR INITIAL STUDY PageS Environmental Review A Negative Declaration (SCH #2006051076) for the Draft Housing Element, dated December 2008, was circulated for public review from January 29 to February 28, 2009. (An earlier Negative Declaration, circulated in 2006, was prepared for a now superseded version of the Housing Element and is no longer valid.) In response to comments received on the 2009 circulation, this Mitigated Negative Declaration has been prepared. No changes have been made to the Draft Housing Element programs analyzed in either document. Information on the environmental documents referenced in this document is listed below and at - the end of Part II of this document, the Initial Study. Because of its age, the General Plan Final Master Environmental Impact Report (EIR), adopted in 1994, is used primarily for background information. Document General Plan Master EIR Final EIR, Robertson Ranch Master Plan Final EIR, Ponto Beachfront Village Vision Plan Negative Declaration, Village Master Plan and Design Manual Changes Drift FTP T n Pn"tn Draft Subsequent EIR, Former South Coast Quarry Amended Reclamation Plan Draft EIR, Bridges at Aviara EIR for Regional Comprehensive Plan Status Certified in 1994 Certified in 2006 Certified in-2007 Adopted in 2007 T"5r*rft Tplf*nraH "fnr Public review of Draft EIR completed Notice of Preparation released February 3, 2009 Certified in 2004 3 Approving Resolution City Council Resolution 94-246 City Council Resolution 2006-324 City Council Resolution 2007-303 City Council Resolution 2007-274, Housing and Redevelopment Commission Resolution 446 XT/AT~l f». N/A (City of Oceanside) N/A San Diego Association of Governments Resolution 2005-01 State Clearinghouse Identification # 93091080 2004051039 2007031141 2007071132 T>mfM1 1 SQ 2005021119 2009021030 20040111411 As mentioned, the Draft Housing Element includes programs that propose city-initiated actions to increase or allow residential density on several properties. These actions are needed to enable the City of Carlsbad to meet its RHNA obligation for lower and moderate income housing. The 2P GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 6 City has also counted privately-proposed residential projects toward fulfilling its RHNA obligation. Draft Housing Element Section 4 discusses environmental constraints and information for all sites, whether counted because of city or private proposals. City Proposals Proposed programs 2.1 and 2.3 identify the need for General Plan Amendments and other land use regulation changes for several properties, or sites. Some of these sites are already undergoing or have completed environmental review that is relevant to Program 2.1. For example, the properties- identified as "Ponto" and "Commercial Mixed Use Ponto" are part of the adopted Ponto Beachfront Village Vision Plan, for which an Environmental Impact Report (EIR) has been certified. This EIR analyzed the potential environmental impacts of high density and mixed use residential projects at densities and unit numbers consistent with those identified in Program 2.1. Therefore, additional environmental review is not anticipated to be necessary to adopt the required land use changes identified in the Draft Housing Element for the Ponto properties. In October 2007, the City Council adopted changes to the Village Master Plan and Design Manual and other applicable documents that, among other things, established density ranges with minimum and maximum densities in the Village Redevelopment Area. As part of this action, the City Council also adopted a Negative Declaration, which considered the environmental impacts of 937 additional residences that could be-built in the Village area as a result of the changes. Under Program 2.1, the increased minimum densities proposed in the Village area, which are within the adopted density ranges, would allow up to 875 of the 937 units. Therefore, additional environmental review is not required to implement Program 2.1 changes to the Village Master Plan and Design Manual and other applicable regulations. Another site identified in Program 2.1 is Quarry Creek. Quarry Creek is an approximately 100 acre property in Carlsbad. Hard rock mining was undertaken over several decades on portions of the property. Mining also took place on adjacent property in the City of Oceanside, all but about four acres of which has been already reclaimed and developed as a shopping center. For the 100 acre Quarry Creek property in Carlsbad, the City's General Plan currently designates about 76 acres of the site for residential development and 24 acres as open space. The program proposes two new residential land use designations to replace the property's current residential designation that would increase the density currently allowed and in rum increase the housing unit yield. The program does not propose any particular site design as part of the.density increase. The City of Oceanside, as lead agency per agreement with the City of Carlsbad, has circulated a Draft EIR for the reclamation of past mining activities at Quarry Creek (listed above as "Draft Subsequent EIR, Former South Coast Quarry Amended Reclamation Plan"). Although in draft form, the environmental document provides relevant information to consideration of the Quarry Creek site. If certified by Oceanside, the mitigation measures identified in the Quarry Creek EIR can be implemented by Carlsbad, the agency responsible to review, approve, and issue all discretionary and grading permits for all work necessary to complete the reclamation for the majority of the Quarry Creek property that is located in the City of Carlsbad. The permits filed with Carlsbad include Special Use Permit (floodplain) SUP 07-03, Habitat Management Plan Permit HMP 07-06, and Hillside Development Permit HDP 07-01. However, it is recognized that implementation of land use changes identified for the Quarry Creek site per Program 2.1 will require its own environmental review. *9 I GPA 03-02 - 2005-2010 HCL ,ING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page? Program 2.1 proposes other changes to land use designations and standards as follows: • Increase the minimum densities of the residential RMH and RH General Plan land use designations as follows. Existing density information is provided for perspective: Designation RMH RH Densities* Existing Minimum density 8.5 15 Existing Growth Management Control Point 11.5 19 Proposed Minimum Density 12 20 Existing maximum density 15 23 *All densities in housing units per acre. The proposed minimum density increases affect underutilized and vacant, unentitled properties in the RMH and RH designations. These properties are generally small and scattered throughout Carlsbad. When compared to existing minimum densities, the increased minimum densities potentially enable approximately 1 f>0 more units to be built. This increase in units would not cause Growth Management dwelling unit caps to be exceeded nor exceed 'residential buildout figures as estimated by the General Plan. However, Government Code Section 65863, provisions of which were incorporated into the Carlsbad General Plan and Zoning Ordinance in 2004, restricts a city's ability to approve densities below those utilized to determine compliance with housing element law. For the previous housing element, which was in effect in 2004, densities utilized to determine compliance were those at the Growth Management Control Point (GMCP). For the Draft Housing Element, the GMCP is also used to .determine housing law compliance, except where densities increases are proposed as described in this paragraph, Program 2.1, and as part of the private proposal discussed below and in the Draft Housing Element. In keeping with Section 65863, residential projects approved by the City have densities generally at or near the GMCP. Densities are permitted below the GMCP only if specific findings are made. As evidenced in the table above, the proposed minimum densities of 12 and 20 units per acre represent only slight increases over the Growth Management Control Points for the RMH and RH designations. These minor density changes potentially increase the yield by 25 additional units on properties designated RMH and RH when compared to existing Growth Management Control Points. Because the density increase is slight and affected parcels are scattered throughout Carlsbad, the City does not anticipate implementation of this component of Program 2.1 will require additional environmental review. The proposed minimum densities will apply to other projects discussed herein as well, such as Quarry Creek and La Costa Town Square, and the proposed densities have been or will be considered in the environmental documents for those other projects. GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 8 • Allow housing, in the form of mixed use residential and commercial projects, in Carlsbad's commercial zones. Such uses are already conditionally permitted in the City's commercial districts. Program 2.1 would allow mixed use residential by right, rather than by conditional use permit. The City does not anticipate this program will require additional environmental review. • Amend land use designations in the Barrio Area to permit higher density residential than currently exists and mixed-use (commercial and residential) development. Preparation of development standards and land use changes will require environmental review. Private Proposals Additionally, the Draft Housing Element relies on private projects, identified in many of the tables of Draft Housing Element Section 3, which have been approved or are undergoing the review process. Since these are private projects and not proposed city actions, they are not included in any Draft Hpusing Element programs. For the approved projects, including Robertson Ranch (see Table 3-4) and others (see Table 3-11), all environmental analysis has been completed to enable the projects to be built as reported in the Draft Housing Element. Further, Table 3-12 identifies the construction of 80 second dwelling units toward meeting the City's lower income housing need. As accessory uses to single-family dwellings, second dwelling units are exempt from environmental review. - ; Table 3-4 also identifies the Bridges at Aviara and La Costa Town Square as twe-a proposed project with units, to help meet the City's RHNA. As indicated in the table above, an EIR s are currently is being prepared for each the Bridges at Aviara project. In addition, this feetfe project proposes amendments to the General Plan and other regulatory documents as needed to provide the land use designations, densities, and housing unit numbers as identified in Table 3-4. Accordingly, no subsequent environmental review will be necessary. SAN DAG Regional Comprehensive Plan and Smart Growth In 2004, the San Diego Association of Governments (SANDAG) adopted the Regional Comprehensive Plan (RCP) for the San Diego region. The RCP provides a vision for the region based on smart growth and sustainability. The RCP is the long-range planning document that addresses the region's housing, economic, transportation, environmental and overall quality of life needs. A key implementation action of the RCP has been the development of a "Smart Growth Concept Map" illustrating the location of existing, planned, and potential smart growth areas. The SANDAG Board accepted an initial Smart Growth Concept Map in 2006 and an updated Concept Map in 2008. The RCP defines smart growth as a compact, efficient, and environmentally-sensitive pattern of development that provides people with additional travel, housing, and employment choices by focusing future growth away from rural areas and closer to existing and planned job centers and public facilities, while preserving open space and natural resources and making more efficient use of existing urban infrastructure. The updated Concept Map identifies four smart growth areas in Carlsbad, all of which are proposed in the Draft Housing Element as sites for high density residential and/or mixed use development. These sites fit the smart growth definition because they are in or near developed ^_ J? GPA 03-02-2005-2010 HO, .ING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 9 areas and are proximate to major transportation corridors, transit facilities, job centers, and public facilities and amenities. They also comply with the City's General Plan policies guiding the location of high density housing and mixed use projects. As identified in the Draft Housing Element, these sites are the Barrio Area, Village Redevelopment Area, Quarry Creek, Ponto, and Plaza Camino Real. The Barrio and Village Redevelopment areas are counted as one smart growth area in the RCP. As part of its 2004 adoption of the RCP, SANDAG certified a Program EIR. As a program level document, the certified EIR analyzes potential environmental impacts at a broad, rather than project-specific, level. In addition, since it was prepared before the concept maps, the EIR did - not analyze any of the maps' smart growth areas, including those in Carlsbad. The Program EIR mitigation measures apply to projects in general and recognize that proposed smart growth projects, for example, will be subject to subsequent environmental review to address potential individual environmental impacts. As discussed below, mitigation measures are proposed to ensure potential impacts associated with implementation of Draft Housing Element programs, 'including that which feature smart growth sites as identified in the RCP, are adequately analyzed and addressed. Conclusion In the attached Mitigation Monitoring and Reporting Program (MMRP), mitigation measures are included to reduce identified potential significant impacts to a less than significant level for housing facilitated by the Draft Housing Element. However, these mitigation measures will not be applied to the approved city and private proposal projects discussed above that have already undergone environmental review. At a minimum, projects still pending completion of environmental review will comply with all applicable mitigation measures identified in the MMRP and/or they will comply with equal or better mitigation measures specifically developed as each project progresses. Housing Plan The Housing Plan section of the Draft Housing Element establishes a policy framework to guide City decision-making to meet identified goals and objectives and is implemented through a series of housing policies and programs offered by the City. The housing programs outlined below represent actions the City of Carlsbad will undertake to promote housing opportunities for all segments of the community. Because of their continued success and relevancy, many of the goals, objectives, policies, and programs contained in the Housing Plan have been .carried forward from the City's previous Housing Element, adopted in 2000. These programs outlined below are from the Draft Housing Element dated December 2008. Since only programs are identified below, the reader is referred to Section 6 of the Draft Housing Element for all goals, objectives, policies and other information contained in the Housing Plan. Draft Housing Element Programs Preservation Preserving the existing housing stock and avoiding deterioration that often leads to the need for substantial rehabilitation is one of the City's goals. In addition, it is important to preserve o > Z-4 GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 10 affordable housing units in the community to maintain adequate housing opportunities for all residents. Program 1.1: Condominium Conversion The City will continue to discourage and/or restrict condominium conversions when such conversions would reduce the number of low or moderate income housing units available throughout the City. All condominium conversions are subject to the City's Inclusionary Housing Ordinance; the in-lieu fees or actual affordable units required by the ordinance would be used to mitigate the loss of affordable rental units from the City's housing stock. Program 1.2: Mobile Home Park Preservation The City will continue to implement the City's Residential Mobile Home Park zoning ordinance (Municipal Code 21.37) that sets conditions on changes of use or conversions of Mobile Home Parks. The City will also assist lower income tenants to research the financial feasibility of purchasing their mobile home parks so as to maintain the rents at levels affordable to its tenants. Program 1.3: Acquisition/Rehabilitation of Rental Housing The City will continue to provide assistance to preserve the existing stock of low and moderate income rental housing, including: - • Provide loans, grants, and/or rebates to owners of rental properties to make needed repairs and rehabilitation. • Acquire and rehabilitate rental housing that is substandard, deteriorating or in danger of being demolished. Set-aside at least 20 percent of the rehabilitated units for very low income households. • Provide deferral or subsidy of planning and building fees, and priority processing. Priority will be given to housing identified by the Building Department as being substandard or deteriorating, and which houses lower income and in some cases moderate income households. Program 1.4: Rehabilitation of Owner-Occupied Housing As the housing stock ages, the need for rehabilitation assistance may increase. The City will provide assistance to homeowners to rehabilitate deteriorating housing. Energy conservation improvements are eligible activities under the City's rehabilitation assistance. Assistance will include financial incentives in the form of low interest and deferred payment loans, and rebates. Households targeted for assistance include lower-income and special needs (disabled, large, arid senior) households. Program 1.5: Preservation of At-Risk Housing One project - Seascape Village - within the City may be considered as at risk. This project has deed restrictions on 42 units that are set to expire January 1, 2009. The City will monitor the status of projects such as Seascape Village that may be at-risk, ensure tenants receive proper GPA 03-02-2005-2010 HOv. *NG ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 11 notification of any changes and are aware of available special Section 8 vouchers, and contact nonprofit housing developers to solicit interest in acquiring and managing at risk projects. Housing Opportunities A healthy, sustainable community relies on its diversity and its ability to maintain balance among different groups. The City encourages the production of new housing units that offer a wide range of housing types to meet the varied needs of its diverse population. A balanced inventory of housing in terms of unit type (e.g., single-family, apartment, condominium, etc.), cost, and architectural style will allow the City to fulfill a variety of housing needs. Program 2.1: Adequate Sites The City will continue to monitor the absorption of residential acreage in all densities and, if needed, recommend the creation of additional residential acreage at densities sufficient to meet the City's housing need for current and future residents. Any such actions shall be undertaken only where consistent with the Growth Management Plan. • In order to ensure that adequate residential acreage at appropriate densities is available to meet the City's Regional Housing Needs Assessment (RHNA) the City will implement the following objectives: • The City shall process- a general plan amendment(s) to redesignate a minimum net acreage of each- site in Table 6-1 to RH and require that the redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-1 General Plan Amendment (RH): Ponto and Quarry Creek Property Ponto Quarry Creek Commercial Mixed Use Ponto APN 216-140-17 Portions of 167-040- 21 Portion of 2 16- HO- IS Approximate Minimum Acres to be Redesignated to RH 6.4 .15.0 2.8 Density Yield 128 300 28 The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site* in Table 6-2 to RMH and require that the redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Zlo GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 12 Table 6-2 General Plan Amendment (RMH): Quarry Creek Property Quarry Creek APN Portions of 167-040- 21 Approximate Minimum Acres to be Re-designated to RMH 17' Density Yield 200 • The City shall process general plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone. • Residential projects and mixed use projects with residential components within the Village Redevelopment Area shall be developed at minimum densities equal to 80% of the maximum of the density range. For land use districts 1-4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad .Village Redevelopment Master Plan and.Desigrr Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities. • The City shall process amendments to the general plan and zoning ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-6 and 3-9 for the Barrio Area. • The City shall amend its zoning ordinance, general plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with a General Plan designations of "CL" and "R" and zoning designations of "C-L," "C-l" and "C-2," and/or other general plan and zoning designations as appropriate. Mixed use residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. • The City will encourage the consolidation of small parcels in order to facilitate larger- scale developments. Specifically, the City will make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout the City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. For the Barrio Area, incentives shall be developed to encourage the consolidation of parcels and thus the feasibility of affordable housing. These incentives shall include increased density and other standards modifications. Incentives are not necessary for the Village Redevelopment Area as standards modifications (including increased density) are already permitted for affordable housing, "green" buildings, and projects which meet the GPA 03-02-2005-2010 HOv. .NO ELEMENT ' PROJECT DESCRIPTION FOR INITIAL STUDY Page 13 goals and objectives of the Village (which include residential and mixed use developments). Program 2.2: Flexibility in Development Standards The Planning Department, in its review of development applications, may recommend waiving or modifying certain development standards, or propose changes to the Municipal Code to encourage the development of low and moderate income housing. Program 2.3: Mixed Use The City will encourage mixed-use developments that include a residential component. Major- commercial centers should incorporate, "where appropriate, mixed commercial/residential uses. Major industrial/office centers, where not precluded by environmental and safety considerations, should incorporate mixed industrial/office/residential uses. • As described in Program 2.1, the City shall amend the zoning ordinance and other necessary land use documents to permit residential mixed use at 20 units per acre on shopping center sites and commercial areas. Program 2.4: Energy Conservation The City of Carlsbad has established requirements, programs, and actions to improve household energy efficiency, promote sustainability, and lower utility costs. • Enforce California building and subdivision requirements by requiring compliance with state energy efficiency standards (including adoption of the California Energy Code, 2007 Edition) and state Subdivision Map Act energy conservation provisions (Government Code section 66473.1). This latter code section requires subdivision design to provide future homes with passive or natural heating opportunities to the extent feasible through, for example, lot orientation. • Encourage solar water heating by requiring new residential construction (ownership dwelling units only) to pre-plumb to accommodate solar hot water systems. This requirement has been in effect since 1981. • Promote and participate in regional water conservation programs that allow Carlsbad Municipal Water District (CMWD) residents to receive rebates for water efficient clothes washing machines and toilets, free on-site water use surveys, and vouchers for weather- based irrigation controllers. The City publicizes these programs on its website at www.carlsbadca. gov/water/ wdtips.html. CMWD serves approximately 75 percent of the City. CMWD is also a signatory t6 the California Urban Water Conservation Council Memorandum of Understanding ("MOU"). Signatories to the MOU implement 14 Best Management Practices that have received a consensus among water agencies and conservation advocates as the best and most realistic methods to produce significant water savings from conservation. In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan designed to save potable water. The result is that CMWD has the most aggressive water recycling program in the region GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 14 . when measured in terms of percent of supply derived from recycled water. In its 2005 Urban Water Management Plan, CMWD estimates that in 2020 seven percent of the water needs of the area it serves will be met by conservation, 21 percent by recycled water usage, and 72 percent by desalinated water. • In the Village Redevelopment Area, encourage energy conservation and higher density development by the modification of development standards as necessary to: o Enable developments to qualify for silver level or higher LEED (Leadership in" Energy & Environmental.Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. o Achieve densities at or above the minimum required if the applicant can provide acceptable evidence that application of the development standards precludes development at such densities. Modifications may include but are not limited to changes to density, parking standards, building setbacks and height, and open space. • Facilitate resource conservation for all households by making available through a competitive process Community Development Block Grants to non-profit organizations that could use such funds to replace windows, plumbing fixtures, and other physical improvements in lower-income neighborhoods, shelters, and transitional housing. • Per General Plan policy, reduce fossil fuel consumption and pollution and improve residents' health by requiring: o New development to provide pedestrian and bike linkages, when feasible, which connect with nearby community centers, parks, school, and other points of interest and major transportation corridors. o Multi-family uses to locate near commercial centers, employment centers, and major transportation corridors. • Designate "smart growth" areas in the City to help implement the San Diego Association of Governments Regional Comprehensive Plan vision for compact, sustainable growth. • Per the City's Growth Management Program: o Facilitate development of higher density, affordable, and compact development by allowing withdrawals from the City's Excess Dwelling Unit Bank (see Section 4 for further'details) only for certain qualifying projects; these projects include transit-oriented/smart growth developments, senior and affordable housing, and density bonus requests. o Encourage infill development in urbanized areas before allowing extensions of pubic facilities and improvements to areas which have yet to be urbanized. Program 3.1: Inclusionary Housing Ordinance The City will continue to implement its Inclusionary Housing Ordinance that requires 15 percent of all residential units within any Master Plan/Specific Plan community or other qualified '"X3 GPA 03-02 - 2005-2010 HOL ,,NG ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 15 subdivision (currently seven units or more) be restricted and affordable to lower income households. This program requires an agreement between all residential developers subject to this inclusionary requirement and the City which stipulates: • the number of required lower income inclusionary units; • the designated sites for the location of the units; • a phasing schedule for production of the units; and • the term of affordability for the units. For all subdivisions of fewer than seven units, payment of a fee in lieu of inclusionary units is permitted. The fee is based on a detailed study that calculated the difference in cost to produce a market rate rental unit versus a lower-income affordable unit. As of September 1, 2006, the in-lieu fee per market- rate dwelling unit was $4,515. The fee amount may be modified by the City Council from time-to-time and is collected at the time of building permit issuance for the market rate units. The City will continue to utilize inclusionary in-lieu fees collected to assist in the development of affordable units. The City will also continue to consider other in-lieu contributions allowed by the Inclusionary Housing Ordinance, such as an irrevocable offer to dedicate developable land. Program 3.2: Excess Dwelling Unit Bank ' ' The City will continue to maintain, monitor and manage the Excess Dwelling Unit Bank, composed of "excess units" anticipated under the City's Growth Management Plan, but not utilized by developers in approved projects. The City will continue to make excess units available for inclusion in other projects using such tools as density transfers, density bonuses and changes to the General Plan land use designations per Council Policy Statement 43. Based on analysis conducted in Section 4, Constraints and Mitigating Opportunities, the City has adequate excess dwelling units to accommodate the remaining RHNA of 2,395 units for lower and 1,171 units for moderate income households, which would require the withdrawal of 2,830 units from the Excess Dwelling Unit Bank. Program 3.3: Density Bonus In 2004, the State adopted new density bonus provisions (SB 1818) that went into effect on January 1, 2005. Consistent with the new State law (Government Code sections 65913.4 and 65915), the City will continue to offer residential density bonuses as a means of encouraging affordable housing development. In exchange for setting aside a portion of the development as units affordable to lower and moderate income households, the City will grant a bonus over the otherwise allowed density, and up to three financial incentives or regulatory concessions. These units must remain affordable for a period of 30 years and each project must enter into an agreement with the City to be monitored by the Housing and Redevelopment Department for compliance. The density bonus increases with the proportion of affordable units set aside and the depth of affordability (e.g. very low income versus low income, or moderate income). The maximum density bonus a developer can receive is 35 percent when a project provides 11 percent of the units for very low income households, 20 percent for low income households, or 40 percent for moderate income households. GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 16 Financial incentives and regulatory concessions may include but are not limited to: fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the requirement, mixed use development, or other financial contributions. Program 3.4: City-Initiated Development The City, through the Housing and Redevelopment Department, will continue to work with private developers (both for-profit and non-profit) to create housing opportunities for low, very low and extremely low income households. Program 3.5: Affordable Housing Incentives The City uses Redevelopment Housing Set-Aside Funds and Housing Trust Funds to offer a number of incentives to facilitate affordable housing development. Incentives may include: • Payment of public facility fees; • In-kind infrastructure improvements, including but not limited to street improvements, sewer improvements, other infrastructure improvements as needed; • Priority processing, including accelerated plan-check process, for projects that do not require extensive engineering or environmental review; and • Discretionary consideration of density increases above the maximum permitted by the General Plan through review and approval of a Site Development Pjan (SDP). Program 3.6: Land Banking The City will continue to implement a land banking program to acquire land suitable for development of housing affordable to lower and moderate income households. The Land Bank may accept contributions of land in-lieu of housing production required under an inclusionary requirement, surplus land from the City or other public entities, and land otherwise acquired by the City for its housing programs. This land would be used to reduce the land costs of producing lower and moderate income housing by the City or other parties. The City has already identified a list of nonprofit developers active in the region. When a City- owned or acquired property is available, the City will solicit the participation of these nonprofits to develop affordable housing. Affordable Housing Funds will be made available to facilitate development and the City will assist in the entitlement process. Program 3.7: Housing Trust Fund The City will continue to maintain the various monies reserved for affordable housing, and constituting the Housing Trust Fund, for the fiduciary administration of monies dedicated to the development, preservation and rehabilitation of housing in Carlsbad. The Trust Fund will be the repository of all collected in-lieu fees, impact fees, housing credits and related revenues targeted for proposed housing as weir as other local, state and federal funds. Program 3.8: Section 8 Housing Choice Vouchers The Carlsbad Housing Authority will continue to operate the City's Section 8 Housing Choice Voucher program to provide rental assistance to very low income households. GPA 03-02-2005-2010 HOt .NG ELEMENT ( PROJECT DESCRIPTION FOR INITIAL STUDY Page 17 Program 3.9: Mortgage Credit Certificates The City participates in the San Diego Regional Mortgage Credit Certificate (MCC) Program. By obtaining a MCC during escrow, a qualified homebuyer can qualify for an increased loan amount. The MCC entitles the homebuyer to take a federal income tax. credit of 20 percent of the annual interest paid on the mortgage. This credit reduces the federal income taxes of the buyer, resulting in an increase in the buyer's net earnings. Program 3.10: Senior Housing The City will continue to encourage a wide variety of senior housing opportunities, especially for lower-income seniors with special needs, through the provision of financial assistance and - regulatory incentives as specified in the City's Senior Housing Overlay zone. Projects assisted with these incentives will be subjected to the monitoring and reporting requirements to assure compliance with approved project conditions. In addition, the City has sought and been granted Article 34 authority by its voters to produce 200 senior-only affordable housing units. The City would need to access'its Article 34 authority only when it functions as the owner of the project, where the City owns more than 51 percent of the development. Program 3.11: Housing for Persons with Disabilities The City will adopt an ordinance to establish a '.formal policy on offering reasonable accommodations to persons with disabilities with regard to the construction, rehabilitation, and improvement of housing. The ordinance will specify the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the City may offer to facilitate the development and rehabilitation of housing for persons with disabilities. Program 3.12: Housing for Large Families In those developments that are required to include 10 or more units affordable to lower-income households, at least 10 percent of the lower income units should have three or more bedrooms. This requirement does not pertain to lower-income senior housing projects. Program 3.13: Farm Labor Housing Pursuant to the State Employee Housing Act, the City permits by right employee housing for six or fewer in all residential zones where a single-family residence is permitted. Farm labor housing for 12 persons in a group quarters or 12 units intended for families is permitted by right on properties where agricultural uses are permitted. In 2004, the City amended the Zoning Code to conditionally permit farm labor housing for more than 12 persons in a group quarters or 12 units/spaces for households in the E-A, O, C-l, C-2, C-T, C-M, M, P-M, P-U, 0-S, C-F and C-L zones. y Program 3.14: Housing for the Homeless Carlsbad will continue to facilitate the acquisition, for lease or sale, of suitable sites for emergency shelters and transitional housing for the homeless population. This facilitation will include: • Participating in a regional or sub-regional summit(s) including decision-makers from North County jurisdictions and SANDAG for the purposes of coordinating efforts and resources to address homelessness; "2/7 GPA 03-02 - 2005-2010 HOUSING ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 18 • Assisting local non-profits and charitable organizations in securing state and federal funding for the acquisition, construction and management of shelters; • Continuing to provide funding for local and sub-regional homeless service providers that operate temporary and emergency shelters; and • Identifying a specific zoning district in the City where emergency shelters will be permitted by right, with the following criteria: o The appropriate zoning district will offer easy access to public transportation and supportive services. o The zoning district should also contain adequate vacant and underutilized sites or building that can be converted to accommodate emergency shelters. o Besides being subject to the same development standards applied to other development in the specified zoning district, the City will establish objective development standards to regulate the following: 1) the maximum number of beds/persons, permitted to be served nightly; 2) off-street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; 3) The size/location of exterior and interior onsite waiting and client intake areas; 4) The provision of onsite management; 5) The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; 6) The length; of stay; 7) Lighting; and 8) Security during hours that the emergency shelter is in operation. Program 3.15: Transitional and Supportive Housing Currently, the City's Zoning Ordinance does not address the provision of transitional housing and supportive housing. The City will amend the Zoning Ordinance to clearly define transitional housing and supportive housing. When such housing is developed as group quarters, they should be permitted as residential care facilities. When operated as regular multi-family rental housing, transitional and supportive housing should be permitted by right as a multi-family residential use in multi-family zones. Program 3.16: Supportive Services for Homeless and Special Needs Groups The City will continue to provide CDBG funds to community, social welfare, non-profit and other charitable groups that provide services for those with special needs in the North County area. Furthermore, the City will work with agencies and organizations that receive CDBG funds to offer a City Referral Service for homeless shelter and other supportive services. Program 3.17: Alternative Housing The City will continue to implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the Carlsbad Municipal Code) and will continue to consider alternative types of housing, such as hotels and managed living units. Program 3.18: Military and Student Referrals The City will assure that information on the availability of assisted or below-market housing is provided to all lower-income and special needs groups. The Housing and Redevelopment Agency will provide information to local military and student housing offices of the availability of low- income housing in Carlsbad. GPA 03-02-2005-2010 HO, .NG ELEMENT PROJECT DESCRIPTION FOR INITIAL STUDY Page 19 Program 3.19: Coastal Housing Monitoring As a function of the building process, the City will monitor and record Coastal Zone housing data including, but not limited to, the following: 1) The number of new housing units approved for construction within the coastal zone after January 1,1982. 2) The number of housing units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, required to be provided in new housing developments within the coastal zone. 3) The number of existing residential dwelling units occupied by persons and families of low or moderate income that are authorized to be demolished or converted in the coastal zone pursuant to Section 65590 of the Government Code. 4) The number of residential dwelling units occupied by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code that are required for replacement or authorized to be converted or demolished as identified above. The location of the replacement units, either onsite, elsewhere within the City's coastal zone, or within three miles of the coastal zone in the City, shall be designated in the review. Program 3.20: Housing Element Annual Report To retain the Housing Element as a viable policy document, the Planning Department will undertake an annual review of the Housing Element and schedule an amendment if required. As required, staff also monitors the City's progress in implementing the Housing Element and prepares corresponding reports to the City Council, SANDAG, and California Department of Housing and Community Development annually. Fair Housing Equal access to housing is a fundamental right protected by both State and Federal laws. The City of Carlsbad is committed to fostering a housing environment in which housing opportunities are available and open to all. Program 4.1: Fair Housing Services With assistance from outside fair housing agencies, the City will continue to offer fair housing services to its residents and property owners. Services include: • Distributing educational materials to property owners, apartment managers, and tenants; • Making public announcements via different media (e.g. newspaper ads and public service announcements at local radio and television channels); • Conducting public presentations with different community groups; • Monitoring and responding to complaints of discrimination (i.e. intaking, investigation of complaints, and resolution); and • Referring services to appropriate agencies. II. Initial Study (Environmental Impact Assessment Form) (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 03-02 DATE: May 29. 2009 BACKGROUND 1. CASE NAME: DRAFT 2005-2010 HOUSING ELEMENT , - 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad - 1635 Faradav Avenue. Carlsbad. CA 92008-7314 3. CONTACT PERSON AND PHONE NUMBER: Scott Donnell. Senior Planner- (760) 602- 4618 4. PROJECT LOCATION: Citvwide 5. PROJECT SPONSOR'S NAME AND ADDRESS: Same as Lead Aaencv. above 6. GENERAL PLAN DESIGNATION: N/A -Citvwide 7. ZONING: N/A-'Citvwide 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): Once adopted by the Citv. certification of the Draft Housing Element from the State Department of Housing and Community Development, Division of Housing Policy Development is required. 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: See Project Description GPA 03-02 2005-2010 Housing Element ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. j Aesthetics Xj Agricultural Resources >lJ Air Quality *J Biological Resources *J Cultural Resources Noise Population and Housing Public Services Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning | | Recreation Mineral Resources j^j Transportation/Circulation [X] Utilities & Service Systemsj Mandatory Findings of Significance Rev. 11/17/08 GPA 03-02 2005-2010 Housing Element DETERMINATION. (To be completed by the Lead Agency) I j I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. IX] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. | | I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attache'd sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. | I I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT. REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date Planning Director's Signature Date 3 - Rev. 11/17/08 *C' GPA 03-02 2005-2010 Housing Element ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. ' - • • Based on an "EIA-Jnitial Study",-if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 11/17/08 GPA 03-02 2005-2010 Housing Element • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 31/17/08 GPA 03-02 2005-2010 Housing Element Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a - c) Potentially Significant Unless Mitigation Incorporated. . The City of Carlsbad is a coastal city comprised of a diverse scenic landscape with coastal bluffs, several lagoons, and various valleys and canyons surrounded by rolling foothills. Much of the City is in open space, with scenic resources prevalent throughout the City. The Draft Housing Element will not result directly in the construction of any housing. However, all future development facilitated by the Draft Housing Element policies and programs will be reviewed and constructed in accordance with the City of Carlsbad Municipal Code and the Local Coastal Program.-'.Many of the scenic resources in Carlsbad are areas precluded from development by existing City regulations. Housing development will be subject to development standards such as Title 21, which precludes development on beaches, bodies of water, natural slopes over 40%, significant wetlands, or significant riparian or woodland habitats. In addition, Carlsbad's Growth Management policies require 15% of the developable land in the City to be preserved as open space. The Local Coastal Program includes policies that preserve sensitive natural resources, significant slopes and public views. The City is not located near a State Scenic highway (California Department of Transportation). The City has adopted Scenic Corridor Guidelines for several major Carlsbad streets and the railroad. Currently, only the El Camino Real corridor features an overlay zone with specific development standards to recognize its scenic designation, although the adopted Scenic Corridor Guidelines contain general criteria for landscaping, site design and architecture, and signs. All projects adjacent to El Camino Real and other streets designated as scenic corridors, including housing developments, are reviewed for consistency with these standards and guidelines. All future development facilitated by the Draft Housing Element policies and programs will be reviewed and constructed in accordance with the City of Carlsbad Municipal Code and the Local Coastal Program. However, as the City develops, scenic resources could be negatively affected, which is considered a significant impact. Implementation of the following mitigation measures will reduce these impacts to a less than significant level. Mitigation Measures • A-l As applicable, all future development projects in the City shall comply with the following requirements: o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act - Preservation of steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and flood ways). o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat Management Plan. Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element o El Camino Real Corridor Development Standards. o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape buffers, reduction of slope heights and grading, sensitive hillside architecture). o Planned Development Ordinance and Design Guidelines Manual, o Landscape Guidelines Manual o City Council Policy No. 44 - Architectural Guidelines for the Development of Livable Communities. o City Council Policy No. 66 - Principles for the Development of Livable Neighborhoods o Growth Management Ordinance - Requirement for 15% performance standards open space o Zoning Regulations (i.e., setback, coverage, signage, and height, etc.) o City of Carlsbad Local Coastal Program • A-2 As applicable, all future development projects in the City shall comply with the following General Plan policies: o Arrange land use so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land Use Pattern, C.I) o Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses. (Land Use Element, Overall Land Use Pattern, C.2) o Review the architecture of buildings with a focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. (Land Use Element, Overall Land Use Pattern, C.3) o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides (Land Use Element, Environmental, C.3) d.) Potentially Significant impact Unless Mitigation Incorporated. Future housing facilitated by the Draft Housing Element could introduce new sources of light (street lights, security lighting, etc.), and substantial light and glare affecting nighttime views is an aesthetic concern. New sources of light due to urban development could also have a negative affect when adjacent to open space and sensitive natural resource areas. These impacts are considered significant without mitigation; however, implementation of the following mitigation measures will reduce the impacts to a less than significant level. • A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior lighting plan, including parking areas, recreation areas and other applicable components of residential projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat Management Plan. • A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive receptors to light, including sensitive habitats. • A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including the following: o Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility use and safety and security purposes. Rev. 12/13/07 ( GPA 03-02 2005-2010 Housing Element Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting, spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is focused downward. Avoid excessive lighting in developments adjacent to linkages through appropriate placement and shielding of light sources. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D 13 D D a, c) Potentially Significant Unless Mitigation Incorporated. According to the San Diego County Important Farmland 2006 map, published by the California Department of Conservation, Farmland Mapping and Monitoring Program, the City of Carlsbad contains a limited number of areas considered Prime Farmland and Farmland of Statewide Importance. The Draft Housing Element will not alter existing General Plan policies and designations or Zoning Ordinance standards regarding agricultural resources. Additionally, the City's Local Coastal Program (LCP) policies address the issue of premature conversion of agricultural lands to urban uses by establishing programs which require mitigation, including impact fees, for agricultural conversion. The existing General Plan and goals and policies regarding agricultural uses provide for the preservation of agricultural lands and prevention of their premature conversion to urban uses. While the City supports agriculture, it also recognizes its possible transition to urban uses. Where important farmlands exist, this could result in significant impacts if these lands are converted to urban uses. Implementation of the following mitigation measures will reduce these impacts to a less than significant level. • AR-1 Within the Coastal Zone, projects that would convert farmland must comply with the agricultural conversion requirements of the Local Coastal Program. • AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must be prepared to identify potential impacts to important agricultural lands. Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element b. No Impact) There are no Williamson Act contracts in effect in Carlsbad and the Draft Housing Element does not propose to convert any properties currently zoned for agriculture to residential uses; therefore, no impact is assessed. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ' Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D D D D D a) No Impact. The Draft Housing Element does not include any proposal for the physical development of any site. Policies are intended to facilitate housing development with the adopted General Plan land use policies, the City's Growth Management Program, and regional growth assumptions, The project site (citywide) is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARE)7after public hearings on November 9th through 10"" in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project Rev. 12/13/07 ( GPA 03-02 2005-2010 Housing Element presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Implementation of the policies and programs of the Draft Housing Element will not increase the number of dwelling units in Carlsbad beyond that already anticipated by the General Plan and Growth Management Plan, therefore the Draft Housing Element is consistent with the growth assumptions utilized in the air quality planning document. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth, assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. As discussed above, the Draft Housing Element is a policy document and does not include any proposal for physical development of any property. The Element plans for housing consistent with the General Plan land use policies and regional growth policy, as expressed through SANDAG's RHNA allocation. Thus, given that the RAQS are developed based- on jurisdictions' long-range plans, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. Furthermore, the Draft Housing Element encourages infill and mixed-use development, which will assist in achieving regional air quality goals. No significant impact is identified. b) Potentially Significant Unless Mitigation Incorporated. The closest air quality monitoring station to the project site is at Camp Pend.leton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5- year time period. The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include a proposal for physical development of any site. Any development facilitated by the Draft Housing Element would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with housing projects facilitated by the Draft Housing Element would be consistent with those emissions already anticipated by the General Plan build out assumptions. Although air pollutant emissions would be associated with these projects, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Furthermore, the General Plan EIR included air quality mitigation measures to which any future project would be subject, which will reduce air quality impacts. Future environmental assessments will be conducted to ascertain potential project-specific air quality impacts and compliance with appropriate regulatory authorities. Adherence to applicable standards related to the generation and control of air quality will reduce potential impacts. Any impact is assessed as less than significant. Any development facilitated by the Draft Housing Element would involve short-term emissions associated with grading and construction. Impacts, which include tailpipe emissions from construction equipment and dust, are considered a significant impact. Implementation of the following mitigation measure will reduce the impacts to a less than significant level. • AQ-1 Future development shall comply with the following requirements as applicable: o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt stockpiles as necessary to prevent or suppress particulate matter from becoming airborne. All soil 10 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent windblown dust. o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and shall be sufficiently wetted down or covered with a secure tarp to prevent dust generation during transport. o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind speed. o Dirt and debris spilled onto paved surfaces at the project site and on the adjacent roadway shall be swept or vacuumed and disposed of at the end of each workday to reduce resuspension of particulate matter caused by vehicle movement. o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion of work in the area, where appropriate. o Electrical power shall be provided from commercial power supply wherever feasible, to avoid or minimize the use of engine-driven generators. o Air filters on construction equipment engines shall be maintained in clean condition according to manufacturers^ specifications. o The construction contractor shall comply with the approved traffic control plan to reduce non- project traffic congestion impacts. Methods to reduce construction interference with existing traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated into this plan. o Trucks and equipment shall not idle for more than 15 minutes when not in service. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include a proposal for physical development of any site. Any development facilitated by the Draft Housing Element would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with potential future housing projects would be consistent with those already anticipated by the General Plan build out assumptions. Given that the Draft Housing Element is within the limits of the General Plan, air quality would be essentially the same whether or not the Draft Housing Element is implemented, as build out of the General Plan could still occur. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Future environmental assessments will be conducted to ascertain potential project-specific air quality impacts and compliance with appropriate regulatory authorities. Adherence to applicable standards related to the generation and control of air quality will reduce potential impacts. The Draft Housing Element includes programs to encourage mixed use and higher-density residential development. Mixed-use development in Carlsbad has the benefit of potentially reducing both work and non-work related trips by future residents in the area, which could reduce air quality impacts as compared to typical single use development patterns. Furthermore, Carlsbad requires higher density housing to be near transit services, commercial and employment centers, which could also reduce auto emissions. Along these lines, all four areas of Carlsbad that the San Diego Association of Governments (SANDAG) has designated as existing/planned or potential smart growth areas are specified in the Draft Housing Element as proposed locations for enhanced existing or future mixed use and higher density residential development. Smart growth areas must meet certain housing and employment target densities and transit service thresholds. In Carlsbad, proposed smart growth areas are Plaza Camino Real, Ponto, Quarry Creek and the Village Redevelopment area/Proposed Barrio Area. Any impact in this area is assessed as less than significant. Global Warming/Climate Change "Global warming" is the term used to describe very widespread climate change characterized by a rise in the Earth's ambient average temperatures with associated disturbances in weather patterns and resulting alteration of oceanic 11 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element and terrestrial environs and biology. The predominant opinion within the scientific community is that global warming is currently occurring, and that it is being caused and/or accelerated by human activities, primarily the generation of "greenhouse gases" (GHG). The types of GHG include those related to land use, such as carbon dioxide and nitrous oxide, which are generated by various activities that include the burning of fossil fuels. California State Assembly Bill 32 (AB 32) established a state goal of reducing GHG emissions to 1990 levels by the year 2020, and California State Senate Bill 97 (SB 97) amends CEQA to establish GHG emissions and their effects as appropriate for CEQA analysis. SB 97 also directs the Governor's Office of Planning and Research to prepare guidelines for the mitigation of GHG emissions by July 1,2009 and transmit those draft regulations to the California Air Resources Board, which must certify and adopt these guidelines by January 1,2010. The Draft Housing Element is a policy level document that analyzes adopted land use policies and does not include a proposal for physical development of any site. Without specific project details for future projects, and furthermore, in the absence of regulatory guidance to assist any lead agencies in determining whether a particular- project will have a significant impact on global warming, it is not possible to determine impacts to air quality in relation to global warming. Any future development proposal that is facilitated by Draft Housing Element policies and programs will be subject to further environmental review pursuant to CEQA on a site-specific basis. d) Less than Significant Impact. The Draft Housing Element does not include a proposal for physical development of any site, however, implementation of the Draft Housing Element could facilitate new housing construction. The Draft Housing Element applies citywide and new housing" could be built next to sensitive receptors, such as schools and hospitals. However, residential land uses and mixed use that allows residential uses generally would be considered compatible with sensitive receptor sites as they do not generate the types of pollutants typically considered harmful to these sites, or excessive concentrations of pollutants. Impacts will be less than significant. e) Potentially Significant Unless Mitigation Incorporated. Although the Draft Housing Element will not result directly in the construction of any Housing, housing development could be facilitated by the implementation of the Housing Element. Objectionable odors are generally created by nonresidential uses, such as industrial and manufacturing businesses. Development facilitated by the Draft Housing Element would be exclusively residential units on residentially designated land and mixed-use developments in commercial areas; these uses typically are not associated with the creation of objectionable odors. However, the construction of any projects facilitated by the Draft Housing Element could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. While such exposure would be short-term or transient, it may be considered significant. Implementation of the above Mitigation Measure AQ-1 would reduce this impact to a less than significant level. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D D D 12 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact D No Impact D D D D D a - d) Potentially Significant Unless Mitigation Incorporated.- The Draft Housing;Element is a policy document and will not result directly in the approval or construction of any housing. However, adoption of the Draft Housing Element will facilitate housing production, which could have an impact on sensitive species and wildlife, habitat, wetlands and other resources. The San Diego Multiple Habitat Conservation Program (MHCP) includes a subregional plan for the northwestern portion of the County, including Carlsbad, and was approved by the San Diego Association of Governments on March 23, 2003. The subregional plan provides for the conservation of 77 sensitive species. On November 15, 2004, the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) was approved, and provides for the conservation of 43 sensitive species. In addition, the HMP has identified and mapped a preserve system for the City. Any housing development facilitated by the Draft Housing Element will be subject to, and required to comply with, the requirements of these documents. Portions of the City identified by the General Plan for residential development have been identified by the HMP as including potentially sensitive habitat resources. For any future project that may impact sensitive habitat or species, a detailed biological resource study is required, as well as any applicable state and federal agency permits, as outlined in the HMP. Without the filing of a proposed development application with studies and plans, it is not possible to analyze and determine all the specific biological impacts a project may have. However, construction, of housing pursuant to the proposed Draft Housing Element could result in the following potentially significant impacts: • Per the City's HMP, housing construction could result in long-term impacts if sensitive species or habitats are permanently destroyed or degraded. This would also result in a cumulative impact to biological resources. ^ • Long-term or permanent impacts could result from loss of sensitive habitats within the Coastal Zone. This would contribute to the regional loss of sensitive habitats, resulting in a cumulative impact. • The loss of state and/or federally listed plant species is considered a significant impact. The loss of sensitive plant species at a regional level would contribute to a cumulative impact. 13 Rev. 12/13/07 (' GPA 03-02 2005-2010 Housing Element • Development that results in substantial vegetation clearing or impede wildlife movement within Core Areas and linkages would result in a significant impact. • Construction and occupancy of housing adjacent to sensitive species or habitats may have permanent or temporary direct and indirect negative impacts, such as from invasive species, runoff, and construction noise. Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact sensitive habitats and species. These mitigation measures could be made conditions of a project approval, or the measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any case, adherence to these measures and City standards will reduce potential impacts to a less than significant level. • BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the- Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time • BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the City, a biology resources technical report (BTR) shall be prepared. The BTR shall provide the necessary information to establish" the current status of biological resources within-a project footprint, an analysis of potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a level of significance. The format and content of the BTR shall be similar to report standards outlined in the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time. Future project level environmental review that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. • BR-3 Implementation of the mitigation measures BR-3a through BR-3d would be required for projects that would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance and on-site mitigation are the priority. o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area, at a ratio to be determined by the applicable resource agencies at the time of project permitting. o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent ' scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite. • BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird 14 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element breeding season (February 15 - September 15). If construction activities cannot be avoided during this time the following measures shall be'taken: o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project areas. The surveys will consist of three visits, one week apart; the last of these shall be conducted no more than three days prior to construction. o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days of construction. o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant shall receive confirmation from the biologist that construction may proceed or continue and implement any necessary mitigation measures. o BR-4d During die breeding season, construction noise shall be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels superseded the threshold, the construction array will be changed or noise attenuation measures will be implemented. BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction, as determined by the Wildlife Agencies. BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the LCP. BR-7 Mitigation ratios shall be consistent with the provisions of the HMP and Local Coastal Program. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For projects where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the Wildlife Agencies. BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the City. Surveys shall be conducted at a time when sensitive plant species would be most observable. BR-9 At the project design stage for projects located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the HMP. BR-11 During clearing, grading, and other construction activities, ensure that proper irrigation and stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided and minimized through watering and other appropriate measures. 15 Rev. J 2/13/07 ; ( GPA 03-02 2005-2010 Housing Element e - 0 Potentially Significant Unless Mitigation Incorporated. General Plan policies, the Habitat Management Plan and its implementing ordinance (Chapter 21.210 of the Zoning Ordinance), and the Open Space Management Plan are the City's policies and ordinances protecting biological resources. The Housing Element does not conflict with any applicable habitat conservation plan, including the Carlsbad HMP. However, construction of housing facilitated by adoption of the Draft Housing Element could conflict with these requirements. Compliance with the biological resources mitigation measures identified above will ensure consistency with local requirements. Additionally, Draft Housing Element programs do not propose housing in any areas designated by the General Plan as Open Space. V. CULTURAL RESOURCES - Would the. project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial-'adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation . Incorporated Less Than Significant No Impact Impact D D D D D D a - d) Potentially Significant Unless Mitigation Incorporated. According to the Carlsbad General Plan Master EIR (1994), Carlsbad contains many areas of significant paleontological and cultural resources; this has been reinforced by numerous studies prepared for the many master plan and development projects processed by the City since the General Plan's adoption in 1994. Recognizing the value of Carlsbad's prehistoric, historic, and paleontological heritage, the General Plan includes policies to address potential impacts on cultural and paleontological resources resulting from development projects. The City of Carlsbad Historic Resources Inventor}' has identified all historic structures throughout the City for the purpose of preserving historic resources. In 2009, the City completed consultation with the San Luis Key Band of Mission Indians on the Draft Housing Element pursuant to California Government Code 65352.3. The Band identified the potential for significant impacts to Native American cultural resources due to housing constructed pursuant to the Draft Housing Element. While the Draft Housing Element will not result directly in the approval or construction of any housing, its adoption and implementation will facilitate housing production, which could impact cultural resources. Pursuant to standard City practice and mitigation measures, future housing developments proposed in whole or in part that implement the programs contained in the Draft Housing Element will require a site-specific assessment of potential impacts to paleontological and archeological resources pursuant to CEQA and associated local, state and federal regulations. It is standard City practice to consult the City of Carlsbad Historic Resources Inventory to ensure that no historic structures will be demolished. If a site has the potential of containing paleontological and archeological sensitive resources, a cultural or paleontological resources survey report is required. Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to impact cultural resources when avoidance is not feasible. Such projects would be those that, for example, encroach into areas with intact native soils or areas not adequately surveyed or undisturbed, including projects requiring surface disturbance in undeveloped areas. These mitigation measures could be made conditions of a project approval, or the measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any case, adherence to these measures and City standards will reduce potential impacts to a less than significant level. 16 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element CR-1 The following mitigation measures will be required if a project is located in an undeveloped area that could potentially impact significant cultural deposits. o CR-1 a Preconstruction Requirements - Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non-protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. • CR-la(l) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. • CR-la(2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. o CR-lb If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. • CR-lb(l) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. • CR-lb(2). - Based on the results'of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. • CR-lb(3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. • CR-lb(4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. CR-2 Monitoring Requirements - Construction monitoring will be required for projects that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. o CR-2a Prior to the first preconstruction 'meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. o CR-2b The qualified archaeologist shall be present full-time during grading/ excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to Jceep the archaeological monitors up-to-date with current plans. 17 Rev. 12/13/07 f GPA 03-02 2005-2010 Housing Element o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. • CR-2c(l) The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. o CR-2d If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until -the remains have been-- evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history.of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. O CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. CR-3 The following paleontological mitigation measures shall be implemented: o CR-3a: Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before construction. If the paleontologist's report finds the project will not significantly impact fossil resources, this mitigation measure shall be considered fulfilled and no further effort to comply with this measure shall be required. o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. o CR-3d The paleontologist shall make periodic reports to the Planning Director during the grading process. o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts.? o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research interest in the materials, such as the San Diego Natural History Museum. o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 18 Rev. 12/13/07 52. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or. based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact GPA 03-02 2005-2010 Housing Element Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D D D D D D D D D D D D . D D D D D n D a.i) No Impact. According to the maps published by the California Geological Survey, the City of Carlsbad is not located within an Alquist-Priolo Earthquake Fault Zone. No known active faults, fault traces, or suspected faults traverse the City. The nearest known active fault is the Rose Canyon fault zone, located approximately three to four miles offshore. No impact is assessed as no known earthquake faults will be affected by future housing projects facilitated by the Draft Housing Element. a.ii - a.iv. Potentially Significant Impact Unless Mitigation Incorporated. The City is not subject to any unique earthquake hazards; however, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. Potential for seismic ground shaking, seismic-related ground failure, and landslides are considered a significant impact. Implementation of the following mitigation measures would reduce this impact to a less than significant level. Mitigation Measures 19 Rev. 12/13/07 53 ! GPA 03-02 2005-2010 Housing Element • GS-1 A site-specific geotechnical investigation shall be prepared to address geotechrtical considerations related to future housing development facilitated by the Draft Housing Element, specifically project components that would involve excavation, grading, or construction of new structures. The report shall contain all necessary requirements to address any adverse soils conditions that may be encountered in final design of a project. The applicant- shall be required to adhere to all such requirements. The report shall include a discussion of site-specific geology, soils, and foundationaJ issues; a seismic hazards analysis to determine the potential for strong ground acceleration and ground shaking; potential groundwater issues; and structural design recommendations. The soil engineer and engineering geologist shall review the grading plans for adequate incorporation of recommended measures prior to finalization. • GS-2 All future projects shall be designed and constructed in conformance to the Uniform Building Code, current seismic design specifications of the Structural Engineering Association of California, and other regulatory requirements. b) Potentially Significant Unless Mitigation Incorporated. A variety of soil types, including those mat are considered very erosive, are found throughout Carlsbad. Due to the sensitive habitats at the lagoons and creeks located in Carlsbad, erosion as a result of development can significantly impact water quality. Erosive soils may be located on future project sites facilitated by the Draft Housing Element, and as such, the potential for erosion is considered significant. Implementation of the following mitigation measures would reduce this impact to a less than significant level. Mitigation Measures • GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), • General Construction Stpririwater Permit, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. • GS-4 All applicable federal, state and local permits regarding drainage shall be obtained. Such permits include the General Construction Stormwater Permit from the Regional Water Quality Control Board. • GS-5 Future development shall comply with the following requirements as applicable: o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City's grading and erosion control requirements (Municipal Code § 15.16 et.seq.). The locations of all erosion control devices shall be noted on plans included in the SWPPP. o All grading permits issued authorizing grading during the rainy season (October 1 of any year to April 30th of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. o All permanent slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City. o All erosion and sedimentation control protective measures shall be maintained in good working order through out the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. j c - e) Potentially Significant Impact Unless Mitigation Incorporated. According to the Carlsbad General Plan E1R (1994), generally the soil types present throughout the City can support development. However, geotechnical characteristics of soils vary by soil type, and all new development applications require an analysis of site-specific soils. The Carlsbad General Plan E1R (1994) identifies various areas in the City where soil types exist that are 20 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element potentially unstable or expansive, and where liquefaction, lateral spreading, subsidence, and landslides could potentially result. All development proposals in Carlsbad are subject to the requirements such as the Uniform Building Code earthquake construction standards and soil remediation requirements that, when necessary and applied, guard against potential adverse effects. Locating potential projects on soils that cannot support development is considered a significant impact. For any future housing projects facilitated by the Draft Housing Element, implementation of the above Mitigation Measures GS-1 and GS-2 will reduce this impact to a less than significant level. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D Q D D O D a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? - -; d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a, c) Less than Significant Impact. The Draft Housing Element is a policy document and will not result directly in the construction of any housing. Adoption of the Draft Housing Element will facilitate housing production, and D n n n D- n n 21 Rev. 12/13/07 1 ' GPA 03-02 2005-2010 Housing Element future residences could be exposed to hazards associated with residential, and in the case of mixed use development, commercial uses. Incidental amounts of hazardous materials may be utilized during the construction and/or occupation of new residential units and nearby commercial uses in mixed use projects. It is anticipated that the nature and quantity of hazardous materials utilized will be typical of those of residential and commercial uses and therefore would not be significant. In addition, the nature and quantity of such materials would not likely create a significant impact on any existing or proposed school located within one-quarter mile of a residential site. b) Potentially Significant Unless Mitigation Incorporated. Large areas of the City that currently or previously have been in agricultural use are designated for residential development by the General Plan. Agricultural chemicals and pesticides may have been used and stored on these properties, which could impact future residential development. Likewise, other areas of the Carlsbad, such as the Quarry Creek site discussed in d) below or commercial areas, may have contaminated soils or groundwater due to the presence of former or existing non- agricultural uses, such as gas stations, above or below ground storage tanks, dumps, or industrial operations. _ Furthermore, redevelopment in older parts of Carlsbad, such as in the downtown Village or Barrio Areas, may expose construction workers to hazardous materials during demolition activities. Development of sites with such contamination may expose people to release of hazardous materials, a potentially significant impact. In response, for any future housing project facilitated by the implementation of the Draft Housing Element, if a site has the potential of containing agricultural chemicals and pesticides or other soU contaminants, a soils testing and analysis report is required. Monitoring and sampling of groundwater may also be necessary along with groundwater and soil remediation to ensure "all contaminants are removed. As identified below and as may be further refined during project review, any recommended mitigation measures would be made conditions of any project approval. Adherence to these measures and existing federal, state, and local regulations will reduce potential impacts to a less than significant level. A proposed Draft Housing Element program would permit emergency shelters in the .City's industrial zones. These zones may contain uses that routinely .use, transport or dispose of hazardous materials. As with all uses locating in the P-M or M zones, siting an emergency shelter will require consideration be given to the presence of surrounding industrial uses that may employ chemicals or hazardous materials or procedures that could pose a threat. Such surrounding uses may render a potential emergency shelter location as unsuitable or may require additional building requirements. While it is not possible to determine if such conditions exist until a specific site is identified, mitigation measures can be developed to ensure due consideration is given to potential hazards associated with industrial areas. Any emergency shelter proposed pursuant to the Draft Housing Element will be subject to site- specific environmental review to ensure compliance with all applicable city land use policies and regulations, including fire and building codes. Staff has prepared a list of mitigation measures that would be applicable to projects with the potential to be significantly impacted by the routine use or accidental release of hazardous materials. These mitigation measures could be made conditions of a project approval, or the measures may be refined or found unnecessary as detailed planning and study specific to the project occurs. In any case, adherence to these measures and City standards will reduce potential impacts to a less than significant level. • HM-1 Prior to approval of discretionary permits for projects within (1) an existing or former agricultural area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH) for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. 9 • HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to adversely impact a proposed residential development on an adjacent parcel, mitigation measures including but not limited to physical barriers and/or separation between the uses shall be considered. • HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local 22 Rev. 12/13/07 GPA03-02 2005-2010 Housing Element agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine transport, use or disposal of hazardous materials or through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. • HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. • HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures shall be visually inspected. Should hazardous materials be encountered, 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. • HM-6 Before beginning 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 asbestos containing materials. 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 or more or such materials to ensure that certain procedures regarding the removal of asbestos are followed. • HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage drums, and automobiles) 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 would indicate the appropriate level of remediation efforts that may be required. ; • HM-8 If unknown wastes or suspect materials are discovered during construction on individual properties that are believed to involve hazardous waste/materials, the contractor shall: o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; o Notify the project engineer of the City of Carlsbad; o Secure the areas as directed by the project engineer, and; o Notify the City's hazardous waste/materials coordinator. d) Potentially Significant Unless Mitigation Incorporated. . The State of California Environmental Protection Agency on its website maintains the Cortese List, which is the name commonly given to the requirements referenced by Government Code Section 65962.5. According to the website's Cortese List data resources, Carlsbad has many sites where cleanup of hazardous materials is underway or has been completed. Most of these sites are located in the City's commercial and industrial areas. Quarry Creek, proposed in Draft Housing Element Program 2.1 as a site to be redesignated from lower density to medium and high density residential housing, is identified as a location where two active cleanup efforts are underway — one due to a leaking underground tank. The Draft Environmental Impact Report (EIR) for the Former South Coast Quarry Amended Reclamation Plan, the CEQA document prepared for the reclamation of the Quarry Creek site, describes soil and groundwater remediation efforts underway. The Draft EIR notes that cleanup is anticipated to occur prior to or during site reclamation; this means that remediation would be complete before residential development of the site. Because remediation is underway according to all applicable requirements, the Draft EIR includes no mitigation measures with regards to hazardous materials. Further, the Draft EIR concludes that all remediated soils would remain on site and there would be no hazards associated with their redistribution on the site. The Draft Housing Element may facilitate residential construction, including mixed use development and emergency shelters, on sites known to be on the Cortese List. Properties on the list are more likely to be those in commercial and industrial areas and are also more likely to be developed rather than vacant. When applications are 23 Rev. 12/13/07 ( GPA 03-02 2005-2010 Housing Element submitted to redesignate the land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese List is required". Because development of such sites could create a significant hazard to the public or environment if their cleanup was not conducted consistent with all federal, state, and local regulations, a mitigation measure requires compliance with applicable regulations for any site identified on the Cortese List. These regulations would also dictate whether property, such as Quarry Creek, could be developed safely while any remediation was underway or if cleanup needed to occur prior to any development and occupancy of a site. Any recommended mitigation measures developed consistent with the regulations would be made conditions of any project approval. Adherence to these measures would reduce potential impacts to a less than significant level. Besides the Cortese list, City staff also reviewed the federal Environmental Protection Agency website to determine if any active sites in Carlsbad are identified on the federal Environmental Protection Agency's CERCLIS Database and Superfund Site Information list. No sites were identified as active. Six sites in Carlsbad are designated "archived sites" on the Superfund list, which means the site has no further interest under the Federal Superfund program. The locations of all six sites cannot be determined based on the website data; however, one archived site is identified as South Coast Asphalt Products with an address of 3701 Haymar Drive. This may be the Quarry Creek" site. • HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese List (Government Code Section 65962.5) shall be required. If an application is for property included on the Cortese List, the applicant shall provide evidence that describes the required remediation process, through text and graphics, and (1) demonstrates compliance is occurring or has occurred with all applicable federal, state, and local regulations; (2) describes all necessary actions and approvals to remediate the property and includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe, current status, and any monitoring required during and following remediation; (4) discusses any restrictions on use of the property upon reclamation completion; (5) includes all other required information as deemed necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of the site. • - . e -1) No Impact. The McClellan-Palomar Airport is located west of El Camino Real and north of Palomar Airport Road inside the boundaries of Carlsbad. The airport is a County owned and operated general aviation facility. The Airport Land Use Commission is responsible for preparing the Comprehensive Land Use Plan (CLUP) for the area surrounding the airport, and most recently amended the CLUP in 2004. The City's General Plan conforms to the CLUP and prohibits residential uses in the nearby vicinity around the airport, including in Runway Protection Zones and Flight Activity Zones. The Draft Housing Element is consistent with the CLUP and General Plan as no land use changes are proposed in the airport vicinity. A proposed Draft Housing Element program would permit emergency shelters in the City's industrial (M and P-M) zones. These land use zones surround the airport. However, uses involving large gatherings of people (more than 100), which may include shelters, are not permitted in Flight Activity or Runway Protection Zones per the CLUP. As demonstrated in Section 4 of the Draft Housing Element, sufficient properties exist outside the Flight Activity Zones to accommodate such shelters. Any emergency shelter proposed pursuant to the Draft Housing Element will be subject to site-specific environmental review to ensure compliance with all applicable city land use policies and regulations, including the CLUP. No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant impact will result. g) Less than Significant Impact. Adoption and implementation of the Draft Housing Element will not impair implementation of an adopted emergency response plan. According to the Carlsbad General Plan, the City has adopted the "City of Carlsbad Emergency Plan"; however, this plan does not apply to day-to-day or routine emergencies, and as such, will not be impacted by the implementation of the Draft Housing Element. Through the development review process, projects are reviewed by the Carlsbad Fire Department to verify that adequate access for fire safety equipment is maintained and that individual sites can be evacuated in an emergency situation. Adherence to such requirements and existing City standards will reduce the potential impacts to a less than significant level. No mitigation measures are required. 24 Rev. 12/J3/07 GPA 03-02 2005-2010 Housing Element h) Less than Significant Impact. The City is considered a medium fire hazard area for wildland fires that could threaten urban and undeveloped areas. This condition arises from a large area of natural vegetation along the City's eastern boarder and within City limits. The Draft Housing Element will not directly result in the construction of any housing. Development facilitated by the implementation of the Draft Housing Element and consistent with adopted land use policy could place additional homes in or near areas with wildland fire hazards. The City's Landscape Manual implements prevention techniques for wildland fires. Also, through the development review process, projects are reviewed by the Carlsbad Fire Department which imposes conditions to minimize fire hazards, including conditions such as requiring interior sprinklers and fire-safe roofing materials, and ensuring adequate fire safety equipment access. All future housing development must comply with the Landscape Manual and other conditions imposed by the Carlsbad Fire Department to minimize fire hazards. Adherence to such requirements and existing City standards will reduce the potential impacts to a less than significant level. No mitigation measures are required. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste | I discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the' site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D n D n n n n n n 25 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. ' 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an-already impaired water body as listed on the Clean Water Act Section 303(d)list? : o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Potentially Significant Impact D n D n n n n Dn Potentially Significant Unless Mitigation Incorporatedn Less Than Significant Impact No Impact D D n n Dn a), c-f). Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document that does not recommend or approve any particular development project. However, implementation of Draft Housing Element policies and programs will facilitate housing construction, which in turn could generate additional urban stormwater runoff and affect water quality. Development typically results in increased impervious areas resulting in more rapid runoff of stormwater, with increased flow rates and volumes downstream. These increased flows can cause streambed erosion. The 2007 Regional Water Quality Control Board permit includes a requirement to implement Low Impact Development (LID) features into new development. LID techniques help to mimic more closely the pre-development runoff characteristics. The quality of stormwater runoff is regulated under Section 402 of the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES). The NPDES stormwater permit provides a mechanism for monitoring the discharge of pollutants and for establishing appropriate controls to minimize the entrance of such pollutants into stormwater runoff. As part of the NPDES permit, each jurisdiction must prepare programmatic guidance documents, including the Watershed Urban Runoff Management Plan (WURMP), a Jurisdictional Urban Runoff Management Plan (JURMP), and a Standard Urban Storm Water Mitigation Plan (SUSMP). The SUSMP and Municipal Storm Water Permit require the City to prevent stormwater pollution and improve the quality of water flowing into the • stormwater system for all new and existing development through the implementation of Best Management Practices (BMPs). Through the development review process, the City applies Source Control and Treatment Control BMPs to all new development projects. Any project facilitated by the Draft 26 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element Housing Element would be subject to the BMP requirements, as well as all federal, State, regional and local stormwater requirements. Furthermore, future projects are subject to requirements for a hydrology report to assess impacts relating to drainage and stormwater runoff. Projects must demonstrate adequate capacity in downstream drainage systems or show that the development does not increase runoff. Runoff from residences pursuant to the Draft Housing Element can potentially generate non-stormwater discharges. Specific development plans will be required to include best management practices (BMPs) specifically targeted to the anticipated pollutants. The below mitigation measures ensure a project's compliance with all standards promulgated to ensure water quality. Projects facilitated by the Draft Housing Element will comply with these measures; furthermore, once project details are known, these mitigation measures may be refined, supplemented or replaced by more appropriate, specific measures. • WQ-1 Prior to issuance of a grading permit, the developer 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. 99-08, NPDES CAS000002), and the General Municipal Stormwater Permit (Order R9-2007- 0001, NPDES CASO 108758). 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 grading plans. BMPs that shall be installed include, but are not limited to, the following: o Silt fence, fiber rolls, or gravel bag berms o Check dams o Street sweeping and vacuuming o Storm drain inlet protection o Stabilized construction entrance/exit o Hydroseed, soil binders, or straw mulch o Containment of material delivery and storage areas o Stockpile management o Spill prevention and control o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil o Concrete waste management • WQ-2a. Prior to issuance of grading permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval by the City of Carlsbad City Engineer, a stormwater management plan 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 post-development water quality pollution control site design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those identified below into the project design to the maximum extent practicable: o street sweeping o inlet basin labeling o Filtering bioretention units o Pervious pavement o Vegetated swales o Detention/infiltration basins o Covered trash enclosures • WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions of Order R9-2007-0001 and to show they are designed so that postproject runoff flow rates and directions do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall incorporate LID design techniques to reduce the amount of runoff by mimicking the natural hydrologic 27 Rev. 12/13/07 ( GPA 03-02 2005-2010 Housing Element function of the site by preserving natural open spaces and natural drainage channels, minimizing impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the site. LID techniques include, but are not limited to: o Vegetated buffer strips o Vegetated bio swales o Rain gardens o Porous pavements o Bioretention areas o Vegetated roofs o Stormwater planter boxes o Infiltration trenches o Dry wells • WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective owners and tenants shall be notified in writing through Covenants, Conditions, and Restrictions (CC&Rs) that they shall: o Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste products. o Not discharge-or cause to be discharged any toxic chemicals or. hydrocarbon compounds, such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids, into any public or private street or into any storm drain or storm drain conveyance. o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments in accordance with federal, State, County, and City requirements as prescribed on their respective containers. o Employ BMPs to "eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. Developer shall establish a homeowner's association and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. • WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and Stormwater runoff shall be prepared. The report shall demonstrate compliance with current applicable hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or shall demonstrate no increase in runoff peak flows through onsite detention. b) Less than Significant Impact. It is not anticipated that any development facilitated by adoption of the Draft Housing Element would interfere substantially with the recharge of ground water or groundwater supplies. The City of Carlsbad is not reliant upon groundwater for its domestic water supply. Neither the Final Master Environmental Impact Report prepared for the 1994 General Plan Update nor the Carlsbad Municipal Water District Water Master Plan Update identify groundwater as a significant supply source to the City or development as a potential threat to groundwater supplies or recharge. g -h> j) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document that does not recommend or approve any particular development project. However, implementation of Draft Housing Element policies and programs will facilitate housing construction. 9 Based on the policies and standards of the City, and as required by mitigation measures below, it is not anticipated that housing constructed as a result of a Draft Housing Element program will expose people or property to flooding risk or impede or redirect flood flows. The Flood Hazard goal of the General Plan Public Safety Element is "a City which minimizes injury, loss of life, and damage to property resulting from the occurrence of flooding." Further, an objective of the Element is "to restrict or prohibit uses which are dangerous to the health and safety of people or 28 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element adversely affect property due to water and erosion hazards, or which result in damaging increased in erosion or flood height or velocities." Zoning Ordinance Chapter 21.110, Floodplain Management Regulations, implements the Public Safety Element policies regarding floodplain development. It establish restrictive provisions regarding construction of structures within a 100-year floodplain and requires the installation of protective structures or other design measures to protect proposed buildings and development sites from the effects flooding or wave action. It also recognizes that controlling the alteration of natural floodplains and stream channels and controlling the filling, dredging, and grading of these features helps reduce flooding potential. Furthermore, the Floodplain Management Regulations require specific development and construction standards to avoid damage due to inundation by tsunami within established coastal high hazard areas and by mudflows in mudslide prone areas. Based on the Floodplain Management Regulations, all new construction and substantial improvements must be" elevated to or above the base flood elevation. All new construction must be located on the landward side of the reach of mean high tide. As specified in the mitigation measures below, all future housing developments will be subject to compliance with these required standards, including reports and studies as determined by the City Engineer. Furthermore, projects that incorporate changes to established floodplains are required to document these changes through the FEMA (Federal Emergency Management Agency) Letter of Map Revision (LOMR) process. Adherence to these measures and existing City standards will reduce potential impacts to a less than significant level. • WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110, Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all applicable studies and reports, including those required by other agencies, such as FEMA, as directed by the City Engineer. • WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2, which require preparation of site-specific geotechnical investigations and compliance with Uniform Building Code and other structural regulations. i) Potentially Significant Unless Mitigation Incorporated. Specific areas of Carlsbad may be subject to inundation due to failure of a dam, such as a breach of the Stanley A. Mahr Reservoir in the La Costa area. Failure of the dam, an unlikely event, has the potential to flood areas downstream, which may necessitate evacuation. Inundation is a possibility even if the area downstream of a dam is not within a flood zone. The following mitigation measure will reduce the possibility of flooding due to dam failure to a less than significant level. • WQ-7 As directed by the City Engineer, a dam breach analysis and inundation study shall be prepared for any area potentially subject to flooding due to a dam breach or failure. Based on the study as approved by the City Engineer, appropriate mitigation measures shall be developed to ensure adequate safety of individuals and, as feasible, protection of property in downstream areas. k - q) Potentially Significant Unless Mitigation Incorporated, The Draft Housing Element is a policy document that does not recommend nor approve any particular development project. However, implementation of Draft Housing Element policies and programs will facilitate housing construction, which in turn could generate additional erosion, pollutant discharges, impervious surfaces, urban stormwater runoff and affect water quality, including that of lagoons, wetlands and riparian areas. According to the Carlsbad Drainage Master Plan (2008), Clean Water Act Section 303(d) listed waters in the Carlsbad watershed include the following: The Pacific Ocean shoreline at the mouth of Buena Vista Creek and Moonlight State Beach (located in Encinitas, CA), Buena Vista Lagoon, Agua Hedionda Lagoon, and the Agua Hedionda Creek. These waters currently do not meet established water quality standards. Implementation of Draft Housing Element programs may result in significant impacts associated with the listed impaired water bodies. However, compliance with the water quality mitigation measures WQ-1 to WQ-4 listed above would cause any impacts to be less than significant. 29 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element Through the development review process, the City requires Source Control and Treatment Control BMPs to be incorporated into all new development projects. As required by mitigation measures WQ-1 to WQ-4 above, any project facilitated by the Draft Housing Element would be subject to the BMP requirements, all federal, State, regional and local stormwater requirements as well as a hydrology report to assess impacts relating to drainage and stormwater runoff. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D a - c) Less than Significant Impact. The Draft Housing Element is a policy document that does not recommend or approve any particular development project/ The Draft Housing Element plans for the City's future housing needs within the level anticipated by the General Plan. The Draft Housing Element does not propose nor affect any policy, program or regulation that would result in the division of an established community; instead, Draft Housing Element programs strengthen developed residential and some commercial areas by encouraging infill residential or mixed use development. Therefore, impacts are assessed as less than significant. The Draft Housing Element will not conflict with nor amend any General Plan policies or provisions of the Growth Management Plan, Zoning Ordinance, or Local Coastal Program or any other policy or standard adopted for the purpose of avoiding or mitigating an environmental impact. No land zoned for open space or designated by the General Plan for open space will be converted to urban uses by the Draft Housing Element. The Draft Housing Element does not affect preserve areas identified in the Carlsbad Habitat Management Plan (HMP). Through the environmental review process, future projects facilitated by the Draft Housing Element would be evaluated for potential environmental impacts and compliance with the provisions and policies of the documents identified above. Any new mitigation measures identified would be required as conditions of approval. Adherence to these measures and existing City standards will reduce potential impacts to a less than significant level. The Draft Housing Element does not conflict with any applicable habitat conservation plan, including the Habitat Management Plan (HMP) for Natural Communities in the City of Carlsbad (2004). All future housing development facilitated by the Draft Housing Element will be subject to, and required to comply with, the requirements of the HMP. No significant impact will result. Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D a a - b) No Impact. No mineral resources are currently being extracted within Carlsbad. Although mineral resources were previously extracted throughout the City via gravel pits, oil wells, and salt evaporation ponds, as the City has become more developed, these activities have decreased through time. All mining operations ceased in 1995 and are now complete at the South Coast Materials Quarry in northern Carlsbad (Former South Coast Quarry Amended Reclamation Plan Draft Subsequent E1R, Sept. 2008). According to the Carlsbad General Plan EIR (1994), all resources at this quarry have been depleted. There are remaining mineral resources present in the northeastern part of the City, but this area was designated by the 1994 General Plan for urban development and is not planned for extraction activities. Therefore, no impact on mineral resources will result. XI. NOISE - Would the project result in: " Potentially Significant Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? D n n n n n Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n n n n n n Rev. 12/33/07 ( GPA 03-02 2005-2010 Housing Element a) Potentially Significant Unless Mitigation Incorporated. Carlsbad experiences typical urban noise from sources such as automobile, train, and air traffic, operation of mechanical equipment and construction equipment, vocalizations, and related sources. Primary sources of noise include highways and other roadways (especially Interstate 5, State Highway 78, El Camino Real, Palomar Airport Road, and Rancho Santa Fe Road), and North County Transit District railroad, and planes using McClellan-Palomar Airport. Draft Housing Element policies will facilitate housing construction throughout Carlsbad in areas where noise may be of concern. Development of properties along Interstate 5, State Highway 78, El Camino Real, Palomar Airport Road, and Rancho Santa Fe Road and the railroad could expose future residents to excessive noise in the absence of barriers, berms, or other noise-attenuating features. Development of residential property in or next to commercial areas may expose future residents to truck noise and other urban sources of noise. The City's General Plan Noise Element contains several policies that require noise attenuation and/or prohibit residential development in noisy areas. The maximum permitted noise level for residential interiors is a CNEL of 45" dBA (pursuant to Title 24 of the California Administrative Code), and the maximum for residential exteriors is a CNEL of 60 dBA or 65 dBA if subject to noise from McClellan-Palomar Airport. Future development facilitated by the Draft Housing Element may expose residents to high levels of roadway, rail, or airport noise, which is considered a significant impact. Implementation of Mitigation Measures N-l through N-3 would reduce the impact to a less than significant level. • N-l A noise study shall be submitted with all discretionary applications for residential projects of five or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall identify design features such as noise attenuation walls and mechanical building ventilation necessary to enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from McClellan-Palomar Airport) and 45-dBA CNEL is the interior noise level to which all residential units shall be mitigated. -~• ' " • N-2 To minimize noise impacts, project design techniques shall be used during any discretionary review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source. This can be done, for example, by increasing the distance between the noise source and the receiver: placing non-noise sensitive uses such as parking areas, maintenance facilities, and utility areas between the source and the receiver; using non-sensitive structures, such as a garage, to shield noise sensitive areas; and, orienting buildings to shield outdoor spaces from a noise source. • N-3 As applicable, future residential development shall comply with the policies of the City of Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual. b, d) Potentially Significant Unless Mitigation Incorporated. Infill development involves construction or redevelopment in close proximity to existing developed areas, and as such, new development on infill properties may expose people to temporary groundbourne noise and vibration due to construction activities compared to development of previously undeveloped areas. Construction of projects facilitated by the Draft Housing Element will generate short-term noise from construction equipment, such as water trucks, scrapers, bulldozers, and other vehicles, which may be considered significant impacts. Implementation of Mitigation Measure N-4 would reduce the impacts level to a less than significant level. • N-4 As applicable, future residential development shall comply with the following requirements: o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied sensitive habitats. o Construction equipment, including vehicles, generators, and compressors, shall be maintained in proper operating condition and shall be equipped with manufacturers' standard noise control devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures). o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is 32 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element prohibited on Sundays and holidays. The City Manager may grant an exception for night work during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are no inhabited dwellings within 1,000 feet of the construction site. o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or minimize the use of engine-driven generators. o Staging areas for construction equipment shall be located as far as practicable from residences and sensitive habitats. o .Operating equipment shall be designed to comply with all applicable local, state, and federal noise regulations. o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction-. generated noise greater than 75 dBA within 50 feet of sensitive receptors. o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be powered by batteries, solar power, or similar sources, and not by an internal combustion engine. With regard to the construction of future projects adjacent to open space and sensitive habitat areas, construction noise is considered a significant impact to the least Bell's vireo, California gnatcatcher, and other sensitive species, migratory birds, or raptors during their breeding seasons (ie., February 15 through September 15). Implementation of Mitigation Measure N-5 would reduce this impact to less than significant level.. • N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance. c) Less than Significant Impact. Future housing development facilitated by the Draft Housing Element policies will result in additional population, potentially increasing existing.noise levels. Carlsbad and the surrounding cities constitute an urbanized environment where existing noise levels are higher than other less developed areas, and implementation of the Draft Housing Element would not result in a substantial increase to the existing noise level. Impacts will be less than significant e) Potentially Significant Unless Mitigation Incorporated. The McCellan-Palomar Airport is located west of El Camino Real and north of Palomar Airport Road inside the boundaries of Carlsbad. The airport is a County owned and operated general aviation facility. The Airport Land Use Commission is responsible for preparing the Comprehensive Land Use Plan (CLUP) for the area surrounding the airport, and adopted the CLUP in 2004. The City's General Plan conforms to the CLUP and prohibits residential uses in the nearby vicinity around the airport. According to the General Plan Noise Element, land within the 65 dBA CNEL noise contour, which extends from the runway of Palomar Airport and is generated by aircraft operations, is not planned for residential uses. The Draft Housing Element will not modify the existing land use plan- inside the 65 dBA CNEL noise contour boundaries. The majority of the City is located in the airport Noise Impact Notification Area (NINA), where aircraft overflight typically occurs on an irregular basis. Though not considered a health or safety impact, aircraft noise may be a nuisance. Implementation of Mitigation Measure N- 6 would reduce this impact to a less than significant level. • N-6 Future residential development shall comply with the following requirements as applicable: o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 33 Rev. 12/13/07 (' GPA 03-02 2005-2010 Housing Element f) No Impact. No private airstrips exist in Carlsbad or in the adjacent areas of bordering cities. No significant impact will result Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly I I | I IV1 (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, I I I I I [ (\/j necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating I I I I j 1 F7T the construction of replacement housing elsewhere? a - c) No Impact. The Draft Housing Element considers additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management Plan. This program lowered the residential build out capacity and imposed very specific facility improvement and/or fee requirements for all new development. The program established a dwelling unit cap of 54,600 dwelling units. The accommodation of the City's RHNA can be accomplished within the City's Growth Management dwelling unit cap (See City of Carlsbad Draft 2005-2010 Housing Element Section 4). Though the Draft Housing Element includes programs proposing residential density increases and residential mixed-use in commercial areas for purposes of meeting the RHNA for lower and moderate income housing, the Draft Housing Element does not propose policies to facilitate housing beyond the total dwelling units anticipated by the City's existing General Plan and Growth Management Plan. Moreover, the Draft Housing Element will not induce substantial population growth by the extension of roads and other infrastructure, since the project does not provide for such. The Draft Housing Element contains policies that encourage infill development in existing areas and a diversity of housing types and price. Development of the Quarry Creek site, as would be facilitated by Draft Housing Element Program 2.1, may result in the extension of Marron Road. The Quarry Creek site is largely disturbed and bordered on three sides by development; due to its proximity to commercial areas and transportation, it is also a potential smart growth area per SANDAG. Quarry Creek is already served by two roads (the present terminus of Marron Road to the east and Haymar Drive to the north) and its development may not warrant extension of the road to the west. It is likely that a traffic study, submitted with a development proposal at Quarry Creek, will determine the need for the extension. None of the programs or policies in the Draft Housing Element would displace either substantial numbers of existing housing or persons. Draft Housing Element proposed programs that propose and encourage increased densities for residential and mixed use projects, such as in the proposed Barrio Area and the Village Redevelopment Area, may result in demolition of housing units. However, these units would be replaced by new housing, either as a stand- alone residential product or, as permitted by applicable regulations and policies, in combination with commercial uses. Furthermore, sites identified in Program 2.1, such as Quarry Creek and the proposed Barrio Area, are consistent with the SANDAG Regional Comprehensive Plan's objectives of developing smart growth areas as a way to accommodate additional housing in an efficient, compact, and resourceful manner. 3 Finally, the Draft Housing Element contains programs designed to preserve existing affordable housing and rehabilitate deteriorated housing. No significant impacts will result. 34 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with die provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D D D D a.i - a.v) Potentially Significant; Unless Mitigation Incorporated. The Draft Housing Element considers additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management Plan. This program lowered the residential build out capacity and imposed very specific facility improvement and/or fee requirements for all new development. The program established a dwelling unit cap of 54,600 dwelling units. The accommodation of the City's RHNA can be accomplished within the City's Growth Management dwelling unit cap, as explained in Section 4 of the City of Carlsbad Draft Housing Element. The Growth Management Plan requires planning for public facility needs through build out and for public facilities to be provided concurrent with development. The Draft Housing Element does not affect the Growth Management Plan, and does not propose policies to facilitate housing beyond the total dwelling units anticipated by the City's existing General Plan and Growth Management Plan. Implementation of the Draft Housing Element will not require additional public services beyond those already anticipated. Developers of every new development facilitated by the Draft Housing Element will be required to pay all applicable impact fees, including required school impact fees, to support additional public services as the demand for those services increases with population growth. Implementation of the Draft Housing Element will not require additional public services beyond those already anticipated, with the exception of Local Facility Management Zone 25. Zone 25 is undeveloped and not all public service needs are known at this time. This is considered a significant impact; however, the City's General Plan and Habitat Management Plan do anticipate future development within Zone 25. Moreover, the San Diego Association of Governments has identified the Quarry Creek portion of zone 25 as a potential smart growth area, or an area suitable for a compact, efficient, and environmentally-sensitive urban development pattern. Implementation of the mitigation measure below will reduce public service impacts to a less than significant level. • PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth Management Plan and its performance standards for public facilities, this plan shall show how and when the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities, schools, libraries, city administrative facilities, parks and open space. This plan shall also include an 35 Rev. 12/13/07 i GPA 03-02 2005-2010 Housing Element inventory of present and future requirements for each public facility, a phasing schedule establishing the timing for provision of each facility, and a financing plan for funding the necessary facilities. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction; or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D n n Less Than Significant No Impact Impact n n a) Less than Significant Impact. Implementation of the Draft Housing Element has the potential to increase the number of housing units and residential population. This could accelerate the deterioration of existing park and recreational facilities. Developers of future housing projects will be required to pay all applicable fees (including park in-lieu fees and development impact fees) to address any potential impacts on park and recreational facilities and services. The Growth Management Performance Standard for Parks requires 3 acres of park space for every 1,000 people in the city. As population (and corresponding demand for parks) is increased, Growth Management policies require park acreage to be concurrently increased, thereby ensuring that existing park facilities are not overburdened. No significant impacts will result. b) No Impact. The Growth Management Plan requires planning for public facility needs through build out, and requires public facilities to be provided concurrent with development. This includes the build out need for parks and recreational facilities. The Draft Housing Element does not affect these plans or require additional facilities beyond those already anticipated. No significant impacts will result. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D 36 Rev. 12/13/07 GPA03-02 2005-2010 Housing Element c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted -policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact n nnn n n a) Potentially Significant Unless Mitigation Incorporated. The Draft Housing'EIement is a policy document that does not recommend or approve any particular development project. Implementation of Draft Housing Element policies and programs will facilitate housing construction, which in turn could generate new vehicle trips. However, the policies in the Draft Housing Element do not include project specific conditions and approval. The project specific impacts to the transportation system will be addressed as part of the permitting, process. The Draft Housing Element include^ programs that encourage infill, higher density'and mixed-use development, which are located in close "proximity to public transportation and services. These programs are consistent with SANDAG Regional Comprehensive Plan objectives for smarter, more efficient growth patterns because they are expected to reduce the number of vehicle trips as compared to standard single family development. Citywide, the circulation system has been designed to accommodate the number of housing units at buildout of the General Plan, and the Draft Housing Element does not propose to increase or significantly redistribute the number of housing units designated in the General Plan. However, there may be local traffic impacts from individual future projects which may be potentially significant prior to mitigation. Implementation of the following mitigation measures, consistent with the Growth Management Plan, will reduce any such impacts to a less than significant level. • T-l Require new development to provide a traffic analysis report, as applicable, according to City standards and as may be required by the City Engineer. This report shall evaluate project specific traffic impacts and identify mitigation for impacts. » T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management performance standards for circulation facilities, which ensures future development will not exceed the traffic load and capacity of the City's street system and intersections. • T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIP) program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department. • T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City shall coordinate the project's environmental review with these jurisdictions to determine the need for any mitigation of the potential impacts. • T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which connect to nearby community centers, commercial developments, parks, schools, points of interest, major transportation corridors and the Carlsbad Trail System. 37 Rev. 12/13/07 71 GPA 03-02 2005-2010 Housing Element b) Potentially Significant Unless Mitigation Incorporated, SANDAG, acting as the County Congestion Management Agency, has designated shre«~£suLroads (QiiyeriJiayLRii^Rsncbo Santa Fe Rd, El Caroino Real and Paiomar Airport Rd.) and twjiiefte highway segments in Carlsbad as part of the regional circulation system. JL^ ff-he e«~t-i«§-Levek,O£S§rvjc| on these designated roads and highways in Carlsbad ajj>£ JTO7 j-sgrg: LOS ffiMsliMiJIsgrf,^^ Rancho Santa Fe Road "A^Bg-g" El Camino Real "A-&E-F' Palotnar Airport Road "A-D" SR7S " "FD" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", *«~wim!w^4^S4BHh^ Accordingly, all designated roads an^;.jljg^av^jrij|ithg.excepljan.or a portion, fif SI Camino Real Md highway 78-are currently operating at or better than the acceptable standard LOS, ^ fiMSLlJllffluDiL\e. n S3g^ANDAG Regional Transportation Plan (RTPj. adopted Xtn ember 20Q7, is .the prirnan ,,.eM® seg.nems ..aiid.srscQninicndin2jmpr(.ne[Hents. Hie CMP identifies this deficient segment ot El C'am-no Real will ha\e aiTrpttble level*, of imice ("B"-"C°) in the near-term and at build out wjtJumpiiveuients.identifbd in the_2030 RTP Implementation of the Draft Housing Element will not result in dwelling units above tljat already anticipated by the Carlsbad General Plan and Growth Management Plan. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout. Citywide, the circulation system has been designed to accommodate the number of housing units at buildout of the General Plan, and the Draft Housing Element does not propose to increase the number of housing units beyond the General Plan. However, there may be local traffic impacts from individual future projects which may be significant. Implementation of the above mitigation measures T-l, T-2. T-3, T-4 and T-5 will reduce this impact to a less than significant level. e) No Impact. The Draft Housing Element does not include any aviation components. The project is consistent with the General Plan and Airport Land Use Compatibility Plan for McCleilan-Paiomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks, No impact assessed. d - f) Less than Significant Impact. The Draft Housing Element is a policy document and does not provide any project entitlements and will not result directly in the construction of any housing. Adoption of the Draft Housing Element will facilitate housing production, which could increase the use of existing roads and require new road improvements. Through the environmental review process, future projects facilitated by the Draft Housing Element would be evaluated for potential traffic impacts and would be required to comply with the City's roadway safety standards, emergency access requirements and parking standards. Any future project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. All projects will be evaluated by the Fire and Police Departments and required to satisfy existing requirements for emergency access. Parking standards set forth in the Zoning Code will be applied to each new housing development, If a project could have potential traffic impacts, a traffic analysis report will be required. Any mitigation measures identified would be required as conditions of approval. Adherence to these measures and existing City standards will reduce potential impacts to a less than significant level. No mitigation measures are required, 38 • Rev, 12/13/07 GPA 03-02 2005-2010 Housing Element g) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and will not result directly in the construction of any housing. The Draft Housing Element includes programs that encourage infill, higher density and mixed-use development, which per the General Plan are to be located in close proximity to public transportation, including rail. Draft Housing Element programs support, rather than conflict with currently adopted policies, plans, or programs supporting alternative transportation. The General Plan contains goals and policies related to pedestrian travel, bicycle support facilities, commuter facilities and public transit facilities and services. Implementation of the Draft Housing Element is expected to increase the use of alternative transportation. Furthermore, any project facilitated by the Draft Housing Element will be required to comply with existing City standards regarding the installation of bicycle racks and bus turnouts. New housing facilitated by Draft Housing Element programs may include homes adjacent to or near the North County Transit District railroad right of way, particularly in the Village Redevelopment Area, Barrio Area, and Beach Area Overlay Zone. New development may increase traffic volumes, including pedestrian traffic, at at-grade highway-rail crossings. These traffic increases may impact safety within the rail corridor. However, the mitigation measure below requires the preparation of studies to reduce potential impacts to a less than significant level. • T-6 For development proposed adjacent to or near the North County Transit District railroad right of way, traffic analysis reports required by mitigation measure T-l shall address any traffic increase impacts over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City Engineer, XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Potentially Significant Impact D D Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact D ES D IS D D D D n n D D D D n D n is 39 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element g) Comply with federal, state, and local statutes and I [ 1 I I regulations related to solid waste? — a) Potentially Significant Impact Unless Mitigation Incorporated. Wastewater generated within Carlsbad is treated at the Encina Wastewater Authority (EWA). EWA's treatment facility is designed to treat wastewater to the secondary level and meets current State and Federal requirements. As such, EWA's facility is designed to adequately treat sewer flows from uses such as residential development. With regard to water quality impacts for wastewater treatment facilities resulting from pollutants generated by general runoff, new development of currently vacant areas could cause significant impacts. Implementation of the following mitigation measure will reduce this impact to a less than significant level. • USS-1 Prior to issuance of a grading permit, 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, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. b - e) Potentially Significant Impact Unless Mitigation Incorporated. The Draft Housing Element considers additional housing opportunities within the limits of the policies of the General Plan Land Use Element and Growth Management Plan. In 1986, Carlsbad voters passed Proposition E, which ratified the City's Growth Management Plan. This program lowered the residential build out capacity and imposed very specific facility improvement and/or fee requirements for all new development. The program established a build out dwelling unit cap of 54,600 dwelling units. The accommodation of the City's RHNA can be accomplished 'within the City's Growth Management dwelling unit cap. The Growth .Management Plan requires planning for public facility needs through build out and for public facilities to be-provided concurrent with development. The Carlsbad Municipal Water District Master Plan (2003) and Carlsbad Sewer District Master Plan (2003) planned for the capacity and conveyance facilities necessary to serve the City with water distribution and wastewater treatment services to the Growth Management build out dwelling unit cap of 54,600 dwelling units. Though the Draft Housing Element will facilitate housing construction which could increase water and sewer demand, the Draft Housing Element does not affect these master plans and will not exceed the number of dwelling units anticipated by these master plans and allowed under Growth Management. The City is also served by the following: Leucadia Wastewater District, Olivenhain Municipal Water District and Vallecitos Water District. Each district has prepared master plans or studies which evaluate the adequacy and determine improvements necessary to provide adequate service for future developments. Carlsbad has structured its development impact fees to provide for adequate public infrastructure, services and utilities in developing areas of the City, which are generally well served, to meet existing and approved developments. Future development proposals will be reviewed to address any potential impacts on water supply and wastewater collection and treatment. Development will not be permitted unless adequate service is available or can be provided. Future development proposals will also be required to pay all applicable fees (including development impact fees) to address any potential impacts to facilities or service delivery. With respect to Local Facility Management Zone 25, Zone 25 is currently undeveloped and not all public service needs are known at this time. This is considered a significant impact; however, implementation of Mitigation Measure PS-1 from the Public Services section will reduce the impacts to a less than significant level. f- g) No Impact. All development facilitated by the Draft Housing Element will comply with existing City, State and federal statutes regarding solid waste disposal, including source reduction programs pursuant to the California Integrated Waste Management Act. Each housing development facilitated by the Draft Housing Element will participate in the City's recycling program and comply with all other regulations related to waste management. No significant impact will result. 40 Rev. 12/13/07 ~7J jn XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? GPA 03-02 2005-2010 Housing Element Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D D D D D D D D a) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element is a policy document and does not provide any project entitlements and will not result directly in the construction of any housing. However, adoption of the Draft Housing Element will facilitate future housing projects, which could negatively affect environmental quality. As evidenced in the Biological Resources category, the project has the potential to degrade the quality of the environment and reduce the number and restrict the range of a rare animal and plant. However, the project's compliance with mitigation measures, which requires compliance with the HMP, ensures these impacts would be reduced to a level of insignificance. b) .Potentially Significant Unless Mitigation Incorporated. The project does not have cumulatively considerable impacts as this environmental document demonstrates. SANDAG projects regional growth for the greater San Diego area and local general plan land use policies are incorporated into SANDAG projections. Based on these projections, region-wide standards, including but not limited to, storm water quality control, air quality standards, habitat conservation, and congestion management standards are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region- wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resources protection regulations, and public facility standards, ensure that future development within the City will not result in a significant cumulatively considerable impact. Mitigation measures are included herein to ensure projects comply with all applicable standards. Two regional issues of concern with regard to cumulative impacts are air quality and regional circulation. Development of future residential projects facilitated by Draft Housing Element policies and programs may represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. 41 Rev. 12/13/07 -75 GPA 03-02 2005-2010 Housing Element As discussed above in the Air Quality section, Draft Housing Element policies will not provide for housing beyond that accounted for in SANDAG's regional plans and thus, is within the scope of regional air quality management plans. While future projects will contribute to regional emissions, those emissions have been accounted for in regional planning efforts. Additionally, mitigation measures are included herein to reduce to less than significant the short term air quality impacts that occur during construction. With regard to circulation, SANDMLthe County Congestion..Management Agency.ICMA) has designated ttwee fouLroads (Q[jyenhain_Rd!...Rancho Santa Fe Rd., El Camino Real, and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City's growth projections in the General Plan^andLjrnjalfinmnMioji ^ that these designated roadways will function at acceptable levels of service in the short term and at build out. Draft Housing Element programs are consistent with the Carlsbad Genera! Plan growth projections. Mitigation measures are included in this environmental document to ensure localized traffic impacts, compliance with the City's Growth Management and Traffic Impact Fee programs, coordination with other cities, and improvements to Carlsbad's pedestrian and bicycle circulation network occur. Regarding biological impacts, the MHCP was designed to compensate for the loss of biological resources throughout the program's region; therefore, projects that conform to the MHCP, as specified by the City's HMP, would not result in a cumulatively considerable impact for those biological resources adequately covered by the program. As discussed in the Biological Resources category herein, the direct and indirect biological impacts resulting from development facilitated by the Draft Housing Element should not be cumulatively considerable if the mitigation measures as contained herein are implemented to ensure conformance to the MHCP and the City's HMP. c) Potentially Significant Unless Mitigation Incorporated. The Draft Housing Element policies and programs seek to (1) provide a plan for meeting the City's share of the regional housing need, (2) focus on providing safe and affordable housing or shelter for all Carlsbad residents, (3) encourage the rehabilitation of deteriorated housing units and (4) provide shelter for homeless individuals. Further, implementation of Draft-'Housing Element programs would encourage the development of compact, efficient smart growth, which would efficiently locate housing near transportation, services, and employment. Adoption and eventually implementation of the Draft Housing Element will have an overall beneficial impact. Construction of housing pursuant to the Draft Housing Element, if not according to applicable standards and requirements, could potentially have significant adverse effects on human beings. Therefore, mitigation measures as contained herein ensure any future housing facilitated by the Draft Housing Element, including emergency shelters and temporary farm worker housing, will be constructed consistent with all adopted building codes and other applicable standards, such as those regarding noise and air quality and hazards and hazardous materials. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program E1R, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 42 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. City of Carlsbad. Carlsbad General Plan. 2. City of Carlsbad. Carlsbad Municipal Water District Water Master Plan Update. March 2003. 3. City of Carlsbad. City of Carlsbad Draft 2005-2010 Housing Element. December 2008. 4. City of Carlsbad. City of Carlsbad Drainage Master Plan. July 2008. 5. City of Carlsbad. City of Carlsbad Server Master Plan Update. March 2003. 6. City of Carlsbad. El Camino Real Corridor Study. February 8, 1984. 7. City of Carlsbad. Final Environmental Impact Report for the City of Carlsbad Drainage Master Plan Update. SCH# 2006041066. December 2007. 8. City of Carlsbad. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update. SCH #93091080. March 1994. 9. City of Carlsbad. Habitat Management Plan for Natural Communities in the City of Carlsbad. November 2004. 10. City of Carlsbad. Landscape Manual. Adopted November 13, 1990. 11. City of Carlsbad. Local Coastal Program with Kelly Ranch Amendments. Amended 2006. 12. City of Carlsbad. Minutes of City of Carlsbad City Council and Housing and Redevelopment Commission (Joint Special Meeting). November 6,2007. ] 3. City of Carlsbad. Municipal Code, Title 21: Zoning Ordinance. 14. City of Carlsbad. Notice of Preparation of a Draft Environmental Impact Report. E1R 06-01. Bridges at Aviara. February 3, 2009. 15. City of Carlsbad. Scenic Corridor Guidelines. July 1, 1988. , 16. City of Carlsbad. Negative Declaration for Village Master Plan and Design Manual - Amendments. (SCH #2007071132). Adopted November'6, 2007. " ' '- 17. CERCL1S Database and Superfund Site Information, U.S. Environmental Protection Agency, http://epa.gov/superfund/sites/cursites/index.htm. accessed January 22, 2009. 18. Cortese • List Data Resources, California Environmental Protection Agency, http://www.calepa.ca.gov/SiteCleanup/CorteseList/default.htiTi. accessed January 22,2009. 19. Eligible and Officially Designated Routes, California Department of Transportation, www.dot.ca.gov/hq/LandArch/scenic/cahisvs.htm. 20. Final Program Environmental Impact Report for the Regional Comprehensive Plan for the San Diego Region. (SCH # 2004011141). Prepared by P & D Environmental. July 2004. 21. Former South Coast Quarry Amended Reclamation Plan Draft Subsequent EIR (SCH# 2005021119;. Prepared by HELIX Environmental Planning, Inc. September 2008. 22. La Costa Town Square Draft Environmental Impact Report. (SCH #2003041159). Prepared by EDAW, Inc. March 19, 2009. 23. Officially Designated Stale Scenic Highways, California Department of Transportation, www.dot.ca.gov/hq/LandArch/scenic/schwv.htrn. 24. Ponto Beachfront Village Vision Plan Final Environmental Impact Report. (SCH #2007031141). Prepared by RBF Consulting. August 2007. 25. Robertson Ranch Master Plan Final Environmental Impact Report. (SCH #2007031141), Prepared by BRG consulting, Inc. April 2006. 26. San Dieao Association of Governments. Regional Comprehensive Plan for the San Diego Region. July 2004. 27. San Diego County Important Farmland 2006 map, published August 2008. Access from the State Department of Conservation website at ftp://ftD.consrv.ca.gov/pub/dlm/FMMP/pdf/2006/sdgQ6 west.pdf. 28. San Diego County Regional Airport Authority. Airport Land Use Compatibility Plan, McClellan-Palomar Airport Carlsbad, California. Amended October 4,2004. 11 43 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element LIST OF MITIGATING MEASURES OF APPLICABLE1) Aesthetics • A-l As applicable, all future development projects in the City shall comply with the following requirements: o Carlsbad Municipal Code Title 21.53 and California Environmental Quality Act - Preservation of steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and flood ways). o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat Management Plan. o El Camino Real Corridor Development Standards. o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape buffers, reduction of slope heights and grading, sensitive hillside architecture). o Planned Development Ordinance and Design Guidelines Manual. o Landscape Guidelines Manual o City Council-.Policy No. 44 - Architectural Guidelines for the Development of Livable Communities. o City Council Policy No. 66 - Principles for the Development of Livable Neighborhoods o Growth Management Ordinance - Requirement for 15% performance standards open space o Zoning Regulations (i.e., setback, coverage, signage, and height, etc,) o City of Carlsbad Local Coastal Program • A-2 As applicable, all future development projects in the City shall comply with the following General Plan policies: o Arrange land use so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land Use Pattern, C.J) o Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses. (Land Use Element, Overall Land Use Pattern, C.2) o Review the architecture of buildings with a focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. (Land Use Element, Overall Land Use Pattern, C.6) o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides (Land Use Element, Environmental, C.3) • A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior lighting plan, including parking areas, recreation areas and other applicable components of residential projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat Management Plan. • A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive receptors to light, including sensitive habitats. • A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including the following: 1/> 44 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element o Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility 'use and safety and security purposes. o Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting, spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is focused downward. o Avoid excessive lighting in developments adjacent to linkages through appropriate placement and shielding of light sources. Agricultural Resources • AR-1 Within the Coastal Zone, projects that would convert farmland must comply with the agricultural conversion requirements of the Local Coastal Program. • AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must be prepared to identify potential impacts to important agricultural lands. Air Quality • AQ-1 Future development shall comply with the following requirements as applicable: o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt stockpiles as necessary to prevent or suppress paniculate matter from becoming airborne. All soil to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent windblown dust. o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and shall be sufficiently .wetted down or covered with a secure tarp to prevent dust generation during transport. - o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind speed. o Dirt and debris spilled onto paved surfaces at the project site and on the adjacent roadway shall be swept or vacuumed and disposed of at the end of each workday to reduce resuspension of paniculate matter caused by vehicle movement. o Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion of work in the area, where appropriate. o Electrical power shall be provided from commercial power supply wherever feasible, to avoid or minimize the use of engine-driven generators. o Air filters on construction equipment engines shall be maintained in clean condition according to manufacturers' specifications. o" The construction contractor shall comply with the approved traffic control plan to reduce non- project traffic congestion impacts. Methods to reduce construction interference with existing traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated into this plan. o Trucks and equipment shall not idle for more than 15 minutes when not in service. Biological Resources • BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but 45 Rev. 12/13/07 f) :' GPA 03-02 2005-2010 Housing Element not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the City, a biology resources technical report (BTR) shall be prepared. The BTR shall provide the necessary information to establish the current status of biological resources within a project footprint, an analysis of potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a level of significance. The format and content of the BTR shall be similar to report standards outlined in the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time. Future project level environmental review that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. BR-3 Implementation of the mitigation measures BR-3a through BR-3d would be required for projects that would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance" and on-site mitigation are the priority. o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation-lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area, at a ratio to be determined by the applicable resource agencies at the time of project permitting. o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. o Bio-3c Impacts to Type C habitats (California gnatcatcher-occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, normative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite. BR-4 Construction activities, including clearing and grubbing, in or adjacent to habitat occupied associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird breeding season (February 15 — September 15). If construction activities cannot be avoided during this time the following measures shall be taken: o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project areas. The surveys will consist of three visits, one week apart; the last of these shall be conducted no more than three days prior to construction. o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days of construction. o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant shall receive confirmation from the biologist that construction may proceed or continue and implement any necessary mitigation measures. o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels superseded the threshold, the construction array will be changed or noise attenuation measures will be implemented. 46 Rev. 12/13/07 £0 GPA 03-02 2005-2010 Housing Element • BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction, as determined by the Wildlife Agencies. • BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the LCP. • BR-7 Mitigation ratios shall be consistent with the provisions of the HMP and Local Coastal Program. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios willbe required for impacts to high quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For DMP Update components where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified (and if necessary purchased by the City) and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the Wildlife Agencies. • BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the City. Surveys shall be conducted at a time when sensitive plant species would be most observable. • BR-9 At the project design stage for projects located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. • BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the HMP. • BR-11 During clearing, grading, and other construction activities, ensure that proper irrigation and stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination from pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided and minimized through watering and other appropriate measures. Cultural Resources • CR-l The following mitigation measures will be required if a project is located in an undeveloped area that could potentially impact significant cultural deposits. o CR-l a Preconstruction Requirements - Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non-protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. • CR-la(l) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. • CR-la(2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their files. 47 Rev. 12/13/07 '• GPA 03-02 2005-2010 Housing Element o CR-lb If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. • CR-lb(l) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. • CR-lb(2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. • CR-lb(3) All excavated soils shall be screened through 1/8-inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SC1C. • CR-lb(4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of rece'ipt of the City's comments. CR-2 Monitoring Requirements - Construction monitoring will be required for projects that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. o CR-2b The qualified archaeologist shall be present full-time during grading/ excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up-to-date with current plans. o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. • CR-2c(l) The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. o CR-2d If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have-been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, 48 Rev. 12/13/07 Q 1 GPA03-02 2005-2010 Housing Element catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; mat all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. o CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to~ the SC1C with the Final Results Report. CR-3 The following paleontological mitigation measures shall be implemented: o CR-3a: Prior to .any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before construction. If the paleontologist's report finds the project will not significantly impact fossil resources, this mitigation measure shall be considered fulfilled and no further effort to comply with this measure shall be required. o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix--samples for laboratory processing through fine screens. - -:' o CR-3d The paleontologist shall make periodic reports to the Planning Director during the grading process. o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research interest in the materials, such as the San Diego Natural History Museum. o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Geology and Soils GS-1 A site-specific geotechnical investigation shall be prepared to address geotechnical considerations related to future housing development facilitated by the Draft Housing Element, specifically project components that would involve excavation, grading, or construction of new structures. The report shall contain all necessary requirements to address any adverse soils conditions that may be encountered in final design of a project. The applicant shall be required to adhere to all such requirements. The report shall include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to determine the potential for strong ground acceleration and ground shaking; potential groundwater issues; and structural design recommendations. The soil engineer and engineering geologist shall review the grading plans for adequate incorporation of recommended measures prior to finalization. GS-2 All future projects shall be designed and constructed in conformance to the Uniform Building Code, current seismic design specifications of the Structural Engineering Association of California, and other regulatory requirements. GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate 49 Rev. 12/13/07 ^ I GPA 03-02 2005-2010 Housing Element that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. • GS-4 All applicable federal, state and local permits regarding drainage shall be obtained. Such permits include the General Construction Stormwater Permit from the Regional Water Quality Control Board. • { GS-5 Future development shall comply with the following requirements as applicable: o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City's grading and erosion control requirements (Municipal Code § 15.16 et.seq.). The locations of all erosion control devices shall be noted on plans included in the SWPPP. o All grading permits issued authorizing grading during the rainy season (October 1 of any year to ~ April 30th of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. o All permanent slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City. o All erosion and sedimentation control protective measures shall be maintained in good working order through out the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. Hazards and Hazardo.us Materials • • HM-l Prior to approval of discretionary permits for projects within (1) an existing or former agricultural area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH) for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. • HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to adversely impact a proposed residential development on an adjacent parcel, mitigation measures including but not limited to physical barriers and/or separation between the uses shall be considered. • HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine transport, use or' disposal of hazardous materials or through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. • HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. • HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures shall be visually inspected. Should hazardous materials be encountered, 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. 50 Rev. 32/13/07 GPA 03-02 2005-2010 Housing Element • HM-6 Before beginning 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 asbestos containing materials. 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 or more or such materials to ensure that certain procedures regarding the removal of asbestos are followed. • HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage drums, and automobiles) 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 would indicate the appropriate level of remediation efforts that may be required. • HM-8 If unknown wastes or suspect materials are discovered during construction on individual properties that are believed to involve hazardous waste/materials, the contractor shall: o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; o Notify the project engineer of the City of Carlsbad; o Secure the areas as directed by the project engineer, and; o Notify the City's hazardous waste/materials coordinator. • HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese List (Government Code Section 65962.5) shall be required. If an application is for property included on the Cortese List, the applicant shall provide evidence that describes the required remediation process, through text and graphics, and (1) demonstrates compliance is occurring or has occurred with all applicable federal, state, and local regulations'; (2) describes all necessary actions and approvals to remediate the property and includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe, current status, and any monitoring required during and following remediation; (4) discusses any restrictions on use of the property upon reclamation completion; (5) includes all other required information as deemed necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of the site. Hydrology and Water Quality • WQ-1 Prior to issuance of a grading permit, the developer 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. 99-08, NPDES CAS000002), and the General Municipal Stormwater Permit (Order 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 devic.es shall be noted on the grading plans. BMPs that shall be installed include, but are not limited to, the following: o Silt fence, fiber rolls, or gravel bag berms o Check dams o Street sweeping and vacuuming o Storm drain inlet protection o Stabilized construction entrance/exit o Hydroseed, soil binders, or straw mulch o Containment of material delivery and storage areas o Stockpile management o Spill prevention and control o Waste management for solid, liquid, hazardous, and sanitary waste, and contaminated soil o Concrete waste management 51 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element WQ-2a. Prior to issuance of grading permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval by the City of Carlsbad City Engineer, a stormwater management plan 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 post-development water quality pollution control site design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those identified below into the project design to the maximum extent practicable: o street sweeping o inlet basin labeling o Filtering bioretention units o Pervious pavement o Vegetated swales o Detention/infiltration basins o Covered trash enclosures WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions of Order R9-2007-0001 and to show they are designed so that postproject runoff flow rates and directions do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall incorporate LID design techniques to reduce the amount of runoff by .mimicking the natural hydrologic function of the site by preserving natural open spaces and natural drainage channels, minimizing impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the site. LID techniques include, but are not limited to: o Vegetated buffer strips o Vegetated bio swales < o Rain gardens .. • - • • • o Porous pavements o Bioretention areas o Vegetated roofs o Stormwater planter boxes o Infiltration trenches o Dry wells WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective owners and tenants shall be notified .in writing through Covenants, Conditions, and Restrictions (CC&Rs) that they shall: o Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste products, o Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids, into any public or private street or into any storm drain or storm drain conveyance. o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments in accordance with federal, State, County, and City requirements as prescribed on their respective containers, o Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. Developer shall establish a homeowner's association and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval, o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and stormwater runoff shall be prepared. The report shall demonstrate compliance with current applicable 52 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or shall demonstrate no increase in runoff peak flows through onsite detention. WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110, Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all applicable studies and reports, including those required by other agencies, such as FEMA, as directed by the City Engineer. , WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2, which require preparation of site-specific geotechnical investigations and compliance with Uniform Building Code and other structural regulations. Noise N-l A noise study shall be submitted with all discretionary applications for residential projects of five or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall identify design features such as noise attenuation walls and mechanical building ventilation necessary to enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from McClellan-Palomar Airport) and 45 dBA CNEL is the interior noise level to which all residential units shall be mitigated. N-2 To minimize noise impacts, project design techniques shall be used during any discretionary review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source. This can be done, for example, by increasing the distance between the noise source and the receiver; placing non-noise sensitive uses such as parking areas, maintenance facilities,' and utility areas between the source and the receiver; using non-sensitive structures, such.as a garage, to shi.eld noise sensitive areas; and, orienting buildings to shield-outdoor spaces from a noise source. N-3 As applicable, future residential development shall comply with the policies of. the City of Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual. N-4 As applicable, future residential development shall comply with the following requirements: o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied sensitive habitats. o Construction equipment, including vehicles, generators, and compressors, shall be maintained in proper operating condition and shall be equipped with manufacturers' standard noise control devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures). o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is prohibited on Sundays and holidays. The City Manager may grant an exception for night work during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are no inhabited dwellings within 1,000 feet of the construction site. o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or minimize the use of engine-driven generators. o Staging areas for construction equipment shall be located as far as practicable from residences and sensitive habitats. o Operating equipment shall be designed to comply with all applicable local, state, and federal noise regulations. o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction- generated noise greater than 75 dBA within 50 feet of sensitive receptors. o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be powered by batteries, solar power, or similar sources, and not by an internal combustion engine. 53 Rev. 12/13/07 : ! GPA 03-02 2005-2010 Housing Element • N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance. • N-6 Future development shall comply with the following requirements as applicable: o Prior to the recordation of the first final (tract/parcel) map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). o Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Public Services • PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth Management Plan and its performance standards for public facilities, this plan shall show how and when the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities, schools, libraries, city-administrative facilities, parks and open space.. This plan shall also include an inventory of present and future requirements for each public facility, a phasing schedule establishing the timing for provision of each facility, and a financing plan for funding the necessary facilities. Transportation/Traffic • T-l Require new development to provide a traffic analysis report, as/applicable, according to City standards and as may be required by the City Engineer."This report shall evaluate project specific traffic impacts and identify mitigation for impacts. • T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management performance standards for circulation facilities, which ensures future development will not exceed the traffic load and capacity of the City's street system and intersections. • T-3 Developers shall make applicable fair share contributions through the Traffic Impact Fee (TIF) program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department. • T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City shall coordinate the project's environmental review with these jurisdictions to determine the need for any mitigation of the potential impacts. • T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which connect to nearby community centers, commercial developments, parks, schools, points of interest, major transportation corridors and the Carlsbad Trail System. • T-6 For development proposed adjacent to or near the North County Transit District railroad right of way, traffic analysis reports required by mitigation measure T-l shall address any traffic increase impacts over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City Engineer, Utilities and Service Systems • USS-1 Prior to issuance of a grading permit, 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, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. 54 Rev. 12/13/07 GPA 03-02 2005-2010 Housing Element APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. (Not applicable) Date Signature 9.u55 Rev. ]2/13/07 Page 1 of 23 PROJECT NAME: Draft 2005-2010 Housing Element APPROVAL DATE: May 26. 2009 FILE NUMBERS: GPA 03-02 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure < - >, .- ^ v" • A-1 As applicable, all future development projects in the City shall comply with the following requirements: o Carlsbad Municipal Code Title 21 .53 and California Environmental Quality Act - Preservation of steep slopes (40% or greater) and other environmentally constrained areas (i.e., wetlands and floodways). o The open space and sensitive habitat preservation requirements of the City of Carlsbad Habitat Management Plan. o El Camino Real Corridor Development Standards. o Hillside Development Ordinance (contour/landform grading, screening graded slopes, landscape buffers, reduction of slope heights and grading, sensitive hillside architecture). o Planned Development Ordinance and Design Guidelines Manual. o Landscape Guidelines Manual o City Council Policy No. 44 - Architectural Guidelines for the Development of Livable Communities. o City Council Policy No. 66 - Principles for the Development of Livable Neighborhoods o Growth Management Ordinance - Requirement for 1 5% performance standards open space o Zoning Regulations (i.e., setback, coverage, signage, and height, etc.) o City of Carlsbad Local Coastal Program . Monitoring ' Type". Project '" Monitoring . • Department Planning • •- Shown on ' * 'Plans "' • ,. , Verified , Implementation ' Remarks Explanation of Headinos: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and da'ted. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 2 of 23 - Mitigation Measure ','', ;"//> **'•', >•"•',•, • A-2 As applicable, all future development projects in the City shall comply with the following General Plan policies: o Arrange land use so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. (Land Use Element, Overall Land Use Pattern, C.1) o Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses. (Land Use Element, Overall Land Use Pattern, C.2) o Review the architecture of buildings with a focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. (Land Use Element, Overall Land Use Pattern, C.6) o Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides (Land Use Element, Environmental, C.3) • A-3 As applicable, developers shall submit and obtain Planning Director approval of an exterior lighting plan, including parking areas, recreation areas and other applicable components of residential projects. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. For any lighting adjacent to or within 100 feet of open space and sensitive habitat areas, the lighting plan shall demonstrate compliance with the Adjacency Standards of the Carlsbad Habitat Management Plan. • A-4 Construction lighting shall be shielded or directed away from adjacent residences and sensitive receptors to light, including sensitive habitats. • A-5 All projects adjacent to open space and sensitive habitat areas shall comply with the lighting recommendations found in the Adjacency Standards of the Carlsbad Habitat Management Plan, including the following: i Monitoring " '- . Type '•'. Project Project i Project Monitoring 'Department Planning, Engineering Planning Planning, Building, Engineering/P ublic Works Planning Shown on . Plans ' " ,_ ,. Verified implementation ' ' Remarks - Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. f^Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. —**"Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. • Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 3 of 23 Mitigation Measure -'Monitoring ,. Monitoring Department Shown'on Plans •- - ( Verified Implementation Remarks Eliminate lighting in or adjacent to the preserve areas except where essential for roadway, facility use and safety and security purposes. Use low pressure sodium illumination sources. Do not use low voltage outdoor or trail lighting, spot lights, or bug lights. Shield light sources adjacent to the preserve so that the lighting is focused downward. Avoid excessive lighting in developments adjacent to linkages through appropriate placement and shielding of light sources. AR-1 Withiathe Coastal Zone, projects that would convert farmland must comply with the agricultural conversion requirements of the Local Coastal Program. Project Planning AR-2 For any project that would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, a California Agricultural Land Evaluation and Site Assessment (LESA) Model Analysis must be prepared to identify potential impacts to important agricultural lands Project Planning AQ-1 Future development shall comply with the following requirements as applicable: o Water or dust control agents shall be applied to active grading areas, unpaved surfaces, and dirt stockpiles as necessary to prevent or suppress particulate matter from becoming airborne. All soil to be stockpiled over 30 days shall be protected with a secure tarp or tackifiers to prevent windblown dust. o Spoil or demolition material in each truckload shall be kept low enough to prevent spillage and shall be sufficiently wetted down or covered with a secure tarp to prevent dust generation during transport. o Grading and other soil handling operations shall be suspended when wind gusts exceed 25 miles per hour. The construction supervisor shall have a hand-held anemometer for evaluating wind speed. o Dirt and debris spilled onto paved surfaces at the project site Project Planning, Building, Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 4 of 23 Mitigation Measure,Monitoring 'Type Monitoring • Department' '.Shown on; Plans, ..-•Verified Implementation Remarks and on the adjacent roadway shall be swept or vacuumed and disposed of at the end of each workday to reduce resuspension of particulate matter caused by vehicle movement. Vegetation disturbed by construction or maintenance activity shall be revegetated upon completion of work in the area, where appropriate. Electrical power shall be provided from commercial power supply wherever feasible, to avoid or minimize the use of engine-driven generators. Air filters on construction equipment engines shall be maintained in clean condition according to manufacturers' specifications. The construction contractor shall comply with the approved traffic control plan to reduce non-project traffic congestion impacts. Methods to reduce construction interference with existing traffic and the prevention of truck queuing around local sensitive receptors shall be incorporated into this plan. Trucks and equipment shall not idle for more than 15 minutes when not in service. BR-1 Projects with the potential to impact sensitive biological species and habitats, as determined by the City, shall comply with the California Environmental Quality Act (CEQA), California Coastal Act, the Multiple Habitat Conservation Program (MHCP), the HMP and other applicable documents including but not limited to those identified in subsection 5.1, Regulatory Context, of the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time Project.Planning BR-2 For projects with the potential to impact sensitive biological species and habitats, as determined by the City, a biology resources technical report (BTR) shall be' prepared. The BTR shall provide the necessary information to establish the current status of biological resources within a project footprint, an analysis of potential project impacts, and mitigation measures that should be implemented to reduce the impacts to below a level of significance. The format and content of the BTR shall be similar to report Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. ^Shown on Plans = When mitigation measure is shown on plans, (his column will be initialed and dated. —Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. = Area for describing status of ongoing mitigation measure, or for other information. Page 5 of 23 Mitigation Measure,Monitoring' Type Monitoring Department' Shown on Plans Verified Implementation Remarks standards outlined in the City's "Guidelines for Biological Studies," dated May 29, 2008, and as may be amended from time to time. Future project level environmental review that would impact biological resources would be provided to the Wildlife Agencies for review to verify consistency with the City's HMP. BR-3 Implementation of the mitigation measures BR-3a through BR-3d would be required for projects that would impact sensitive HMP habitats and would reduce direct and cumulative impacts to below a level of significance. Note that the descriptions of Type A through F habitats are per Table 11 of the HMP. Avoidance and on-site mitigation are the priority. o BR-3a For impacts to Type A habitats (coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scrub, disturbed wetlands, flood channel, fresh water, Engelmann oak woodland, coast live oak woodland) a goal of no net loss of habitat value or function shall be met. Habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area, at a ratio to be determined by the applicable resource agencies at the time of project permitting. o Bio-3b Impacts to Type B habitats (beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, native grass) shall be mitigated at a 3:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource agencies at the time of project permitting. o Bio-3c Impacts to Type C habitats (California gnatcatcher- occupied coastal sage scrub) shall be mitigated at a 2:1 ratio, or at an appropriate ratio based on habitat quality and quantity as determined in coordination with the applicable resource Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 6 of 23 Mitigation Measure - ' .-'-'•- agencies at the time of project permitting. o BR-3d Impacts to Type D (unoccupied coastal sage scrub, coastal sage/chaparral mix, chaparral), Type E (annual, nonnative grassland), and Type F (disturbed lands, eucalyptus, agricultural lands) habitats are subject to the fee payment if not conserved or mitigated onsite. • BR-4 Construction activities, including clearing and grubbing, ' in or adjacent to habitat occupied associated with sensitive species, migratory birds, or raptors, shall be generally prohibited during the bird breeding season (February 15 -September 15). If construction activities cannot be avoided during this time the following measures shall be taken: o BR-4a A qualified biologist shall conduct a focused species gnatcatcher survey in appropriate habitat within and surrounding the project areas. The surveys will consist of three visits, one week apart; the last of these shall be conducted no more than three days prior to construction. o BR-4b Surveys shall also be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to, the least Bell's vireo) within three days of construction. o BR-4c If nests of sensitive species, migratory birds, or raptors are located, the project applicant shall receive confirmation from the biologist that construction may proceed or continue and implement any necessary mitigation measures. o BR-4d During the breeding season, construction noise shall be measured regularly to maintain a threshold at or below 60 dBA hourly Leq within 300 feet of breeding habitat occupied by listed species. If noise levels superseded the threshold, the construction array will be changed or noise attenuation measures will be implemented. • BR-5 Where required, protocol-level surveys will be conducted for sensitive plant or wildlife species prior to construction, as determined by the Wildlife Agencies. Monitoring - Type Project Project . Monitoring Department Planning Planning Shown on , . Plans ! , Verified • Implementation .Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. pShown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. .^.verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. / Wtemarks = Area for describing status of ongoing mitigation measure, or for other information. Page 7 of 23 * V> >• i ' ,~ . ,Mitigation Measure ' .?,*•-'" '" • BR-6 For projects that would result in the loss of sensitive habitats within the Coastal Zone, mitigation shall be required at ratios consistent with requirements of the HMP, including Standards 7-1 through 7-14 of Section D, and the policies and provisions of the LCP. • BR-7 Mitigation ratios shall be consistent with the provisions of the HMP and Local Coastal Program. For all projects affecting riparian and wetland habitat, habitat replacement ratios and the specific location of mitigation lands shall be determined in consultation with the USFWS, USAGE, and CDFG as appropriate in accordance with the requirements of the federal CWA, federal wetland policies, and the California Fish and Game Code. For projects with unavoidable impacts, the City shall demonstrate that viable wetlands can either be: 1) created at a minimum ratio of 1:1 within close proximity of the impact area to replace the wildlife function affected by the project; or, 2) provide proof that wetland creation credits at a minimum ratio of 1:1 have been purchased at a Wildlife Agency approved bank. Consistent with the City's HMP, higher ratios will be required for impacts to high quality wetlands (e.g., occupied by listed or otherwise sensitive species) and for wetlands within the Coastal Zone. For projects where wetland creation will be necessary, construction shall not be initiated until a viable wetland creation mitigation site with long-term value is identified and the wetland mitigation plan is approved by the appropriate Resource Agencies. The wetland creation shall not require impacts to sensitive wildlife or vegetation communities. All mitigation lands for impacts to riparian and wetland habitats shall be in the City or MHCP plan area as deemed appropriate by the Wildlife Agencies. • BR-8 As needed, surveys for state and federally listed sensitive plant species shall be conducted to complete a determination of suitable habitat presence prior to issuance of any discretionary permits by the City. Surveys shall be conducted at a time when sensitive plant species would be most observable. ,Monitonng • Type' Project Project , < Project • Monitoring „ •• Department Planning Planning Planning • Shown on" .' 'Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 8 of 23 Mitigation Measure Monitoring Type ' Monitoring ' Department Shown on Plans '- Verified Implementation Remarks BR-9 At the project design stage for projects located within key Core Areas and linkages, design measures and restoration efforts shall be required to maintain the viability of the wildlife corridors throughout Carlsbad. Project Planning • BR-10 Projects shall comply with the Adjacency Standards outlined in Section F., pp. 4-16 to F-24 of the HMP. Project Planning, Engineering BR-11 During clearing, grading, and other construction activities, ensure that proper irrigation and stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination from "pesticides, fertilizers, petroleum products, and other toxic substances. Fugitive dust shall also be avoided and minimized through watering and other appropriate measures. Project Planning, Engineering CR-1 The following mitigation measures will be required if a project is located in an undeveloped area that could potentially impact significant cultural deposits. o CR-1 a Preconstruction Requirements - Prior to the start of construction, a pedestrian survey shall be conducted under the supervision of a qualified archaeologist for previously undisturbed areas that have not been surveyed or adequately surveyed (e.g., the area was surveyed with outdated or non- protocol methods). The survey shall be conducted in parallel linear transects spaced no farther than 10 meters apart in undeveloped areas. • CR-1a(1) Cultural resources, if found during the survey, shall be photographed, mapped using a global positioning system (GPS), and recorded on the appropriate California Department of Parks and Recreation forms (DPR Form 523A/B). The forms shall be submitted to the SCIC for the assignment of Primary numbers within 1 week of the survey. • CR-1a(2) Within 1 month of completion of the field survey, a draft letter report or technical report shall be submitted to the City for review, whether the survey is negative or positive. A final report shall be submitted within 6 weeks of receipt of the City's comments, with a copy submitted to the SCIC for their Project Planning —> Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure, on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 9 of 23 .Mitigation Measure " , files. o CR-1b If the pedestrian survey is positive, the qualified archaeologist shall conduct an updated archival search, if needed, as well as additional detailed field testing. Local Native American groups shall be contacted for testing of prehistoric cultural resources regarding the project. Where applicable, the City will execute a Pre-Excavation Agreement with the appropriate Native American groups. • CR-1b(1) Prior to the start of field testing, surface artifacts and/or features shall be marked and mapped using a GPS. Testing shall be required if surface artifacts are discovered, and shall include a program of 30-cm-diameter shovel test pits (STPs) to define site boundaries and identify the potential for a substantial subsurface deposit. • CR-1b(2) Based on the results of the STPs, additional measures such as Test Excavation Units or mechanical trenching (for substantial historic sites) would be placed in areas with the potential for a substantial subsurface deposit, as determined by the qualified archeologist. • CR-1b(3) All excavated soils shall be screened through 1/8- inch mesh hardware cloth. On completion of the project the artifact collection, along with copies of the catalogs and the technical report, shall be permanently curated at the San Diego Archaeological Center. An updated site record shall be prepared and submitted to the SCIC. • CR-1b(4) Within 3 months of completion of the fieldwork, a draft technical report including evaluations and recommendations shall be prepared and submitted. The final technical report shall be submitted within 6 weeks of receipt of the City's comments. • CR-2 Monitoring Requirements - Construction monitoring will be required for projects that involve excavation or grading within undisturbed native soils and could potentially impact subsurface cultural deposits. Monitoring Type 1 . t - * _ Project Monitoring > Department • Planning, Engineering Shown on * ' Plans •" , Verified Implementation - Remarks _ r\ - * Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status ol ongoing mitigation measure, or for olher information. Page 10 of 23 Mitigation Measure , \ ' . > ," .,- o CR-2a Prior to the first preconstruction meeting for the project, the Planning Director (PD) shall verify that the requirements for archaeological monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. The applicant shall retain a qualified archaeologist to verify that a records search has been completed and updated, as necessary, and to implement the monitoring program. At the preconstruction meeting, the archaeologist shall submit to the PD a copy of the site/grading plan that identifies areas to be monitored. o CR-2b The qualified archaeologist shall be present full-time during grading/ excavation of native soils with the potential to contain buried cultural features or deposits and shall document activity via the Consultant Monitor Record. Monitoring of trenches shall include mainline, laterals, services and all other appurtenances that impact native soils 1 foot deeper than existing as detailed on the plans or in the contract documents. It is the construction manager's responsibility to keep the archaeological monitors up- to-date with current plans. o CR-2c In the event of a discovery, the archaeologist, or the Principal Investigator (PI) if the monitor is not qualified as a PI, shall divert, direct, or temporarily halt ground-disturbing activities in the area of the discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the construction manager and the PD of such findings at the time of discovery. • CR-2c(1)The significance of the discovered resources shall be assessed by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared and implemented by the qualified archaeologist. The results of the Research Design and Data Recovery Program shall be approved by the City before ground-disturbing activities in the area of discovery shall be allowed to resume. o CR-2d If human remains are discovered, work shall halt Monitoring Type ' ' I • • Monitoring , Department- i Shown on Plans • Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure, wn on Plans = When mitigation measure is shown on plans, this column will be initialed and dated, perified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. —Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 11 of 23 Mitigation Measure , ' ' ••' "•_.' : : in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health- and Safety Code (Sec. 7050.5) shall be implemented. Construction in that area shall not resume until the remains have been evaluated and conveyed to appropriate descendants or reinterred to the satisfaction of the PI. o CR-2e The archaeologist shall notify the PD, in writing, of the end date of monitoring. The archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Department; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. o CR-2f: Within 3 months following the completion of monitoring, the Draft Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the PD for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Draft Results Report. The qualified archaeologist shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program, and submitting such forms to the SCIC with the Final Results Report. Monitoring • 'sType' \ . • i Monitoring Department ! Shown on 1 Plans • Verified Implementation Remarks ~ O Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 12 of 23 Mitigation Measure '",--. • CR-3 The following paleontological mitigation measures shall be implemented: o CR-3a: Prior to any grading of the project site, a paleontologist shall- be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. o CR-3b A copy of the paleontologist's report shall be provided to the Planning Director before construction. - If the paleontologist's -report finds the project will not significantly impact fossil resources, this mitigation measure shall be considered fulfilled and no further effort to comply with this measure shall be required. o CR-3c A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. o CR-3d The paleontologist shall make periodic reports to the Planning Director during the grading process. o CR-3e The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. o CR-3f All fossils collected may be donated to a public, nonprofit institution with a research interest in the materials, such as the San Diego Natural History Museum. o CR-3g Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. • GS-1 A site-specific geotechnical investigation shall be prepared to address geotechnical considerations related to future housing development facilitated by the Draft Housing Element, specifically project components that would involve excavation, grading, or construction of new structures. The report shall contain all necessary requirements to address any adverse soils conditions Monitoring -• '"-Type' '-- Project • , i ' .. Project Monitoring Department ' Planning, Engineering i Planning, Building, Engineering Shown on Plans' , ' j Verified , Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and da'ted. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 13 of 23 1 * , „ , ,' , 1 ' , > ' 1 ^Mitigation Measure /',-,'' that may be encountered in final design of a project. The applicant shall be required to adhere to all such requirements. The report shall include a discussion of site-specific geology, soils, and foundational issues; a seismic hazards analysis to determine the potential for strong ground acceleration and ground shaking; potential groundwater issues; and structural design recommendations. The soil engineer and engineering geologist shall review the grading plans for adequate incorporation of recommended measures prior to finalization. • GS-2 All future projects shall be designed and constructed in conformance to tHe Uniform Building Code, current seismic design specifications of the Structural Engineering Association of California, and other regulatory requirements. • GS-3 Prior to issuance of a grading permit, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Plan (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, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. • GS-4 All applicable federal, state and local permits regarding drainage shall be obtained. Such permits include the General Construction Stormwater Permit from the Regional Water Quality Control Board. • GS-5 Future development shall comply with the following requirements as applicable: o Erosion control measures shall be provided to the satisfaction of the City Engineer in accordance with the City's grading and erosion control requirements (Municipal Code § 15.16 et.seq.). The locations of all erosion control devices shall be noted on plans included in the SWPPP. .Monitoring , - "Type Project Project Project Project ,- Monitoring Department Planning, Buifding, Engineering Planning, Engineering, Public Works Engineering Planning, Engineering, Public Works Shown on _ Plans •'- Verified Implementation Remarks C Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 14 of 23 Mitigation Measure \ 1 < ' , • o All grading permits issued authorizing grading during the rainy season (October 1 of any year to April 30th of the following year), shall require the installation of all erosion and sedimentation control protective measures in accordance with city standards. Erosion and runoff control measures shall be designed and bonded prior to approval of grading permits by the City. o All permanent slopes shall be planted with erosion control vegetation, drained and properly maintained to reduce erosion within 30 days of completion of grading. Erosion control and drainage devices shall be installed in compliance with the requirements of the City. o All erosion and sedimentation control protective measures shall be maintained in good working order through out the duration of the rainy season unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties. • HM-1 Prior to approval of discretionary permits for projects within (1) an existing or former agricultural area, or (2) an area believed to have contaminated soils due to historic use, handling, or storage of hazardous materials, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City and the San Diego County Department of Environmental Health (DEH) for approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of chemicals and materials restricted by the DEH. The report shall also identify a range of possible mitigation measures to remediate any significant public health impacts if hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health. • HM-2 If use of agricultural chemicals within an existing agricultural operation has the potential to adversely impact a proposed residential development on an adjacent parcel, mitigation measures including but not limited to physical barriers and/or Monitoring , Type • • Project Project Monitoring Department ! Planning, Engineering Planning, . Engineering Shown on , '• , Plans' • *-. Verified Implementation .Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. •"^Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. C7Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. { \feemarks = Area for describing status of ongoing mitigation measure, or for other information. Page 15 of 23 Mitigation Measure - - • ' f. separation between the uses shall be considered. • HM-3 Prior to approval of any permits for uses such as emergency shelters and farm worker housing within the City's industrial zones, the applicant shall obtain clearances from federal, state, and local agencies as necessary to ensure such uses are not exposed to significant hazards due to the routine transport, use or disposal of hazardous materials or through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. • HM-4 All trash and debris within project sites shall be disposed of off-site in accordance with current, local, state, and federal disposal regulations. Any buried trash/debris encountered shall be evaluated by an experienced environmental consultant prior to removal. • HM-5 Before beginning demolition or renovation activities, the interior of individual onsite structures shall be visually inspected. Should hazardous materials be encountered, 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. • HM-6 Before beginning 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 asbestos containing materials. 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 or more or such materials to ensure that certain procedures regarding the removal of asbestos are followed. • HM-7 Before the issuance of a grading permit, all miscellaneous debris (i.e., wood, concrete, storage drums, and Monitoring < Type Project Project Project Project Project Monitoring Department Planning, Building Planning, Building, Engineering Planning, Building Planning, Building Planning, Engineering Shown on Plans • •- Verified Implementation * Remarks o Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for olher information. Page 16 of 23 • Mitigation Measure - ."""• ,"-'..• automobiles) 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 would indicate the appropriate level of remediation efforts that may be required. • HM-8 If unknown wastes or suspect materials are discovered during construction on individual properties that are believed to involve hazardous waste/materials, the contractor shall: o Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; o Notify the project-engineer of the City of Carlsbad; o Secure the areas as directed by the project engineer, and; o Notify the City's hazardous waste/materials coordinator. • HM-9 When applications are submitted to the City of Carlsbad Planning Department to redesignate the land use of a property or propose development or redevelopment, disclosure of inclusion on the Cortese List (Government Code Section 65962.5) shall be required. If an application is for property included on the Cortese List, the applicant shall provide evidence that describes the required remediation process, through text and graphics, and (1) demonstrates compliance is occurring or has occurred with all applicable federal, state, and local regulations; (2) describes all necessary actions and approvals to remediate the property and includes evidence of any approvals so far obtained; (3) describes the estimated remediation timeframe, current status, and any monitoring required during and following remediation; (4) discusses any restrictions on use of the property upon reclamation completion; (5) includes all other required information as deemed necessary by the City, DEH, and other agencies having regulatory authority with regards to remediation of the site. • WQ-1 Prior to issuance of a grading permit, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, a Storm Water Pollution Prevention Program . Monitoring ' Type Project Project ; Project Monitoring Department Planning, Building, Engineering, Public Worksi Planning Engineering, Public Works Shown on Plans Verified , " Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. /~^>hown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Implementation = When mitigation measure has been implemented, this column will be initialed and dated. = Area for describing status of ongoing mitigation measure, or for other information. Page 17 of 23 Mitigation Measure Monitoring Monitoring Department Shown on . Plans ' - . -'Verified Implementation Remarks (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. 99-08, NPDES CAS000002), and the General Municipal Stormwater Permit (Order 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 grading.plans. BMPs that shall be installed include, but are not limited to, the following: o Silt fence, fiber rolls, or grave! bag berms o Check dams o Street sweeping and vacuuming o Storm drain inlet protection o Stabilized construction entrance/exit o Hydroseed, soil binders, or straw mulch o Containment of material delivery and storage areas o Stockpile management o Spill prevention and control o Waste management for solid, liquid, hazardous, and sanitary . waste, and contaminated soil o Concrete waste management WQ-2a. Prior to issuance of grading permits or approvals for any public or private right-of-way improvements or site development plans, the developer shall prepare and submit for review and approval by the City of Carlsbad City Engineer, a Stormwater management plan 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 post- development water quality pollution control site design BMPs, source control BMPs, and numerically-sized treatment control BMPs such as those identified below into the project design to the Project, ongoing Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular miligalion measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and daled. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 18 of 23 , Mitigation Measure ' - . - ' maximum extent practicable: o street sweeping o inlet basin labeling o Filtering bioretention units o Pervious pavement o Vegetated swales o Detention/infiltration basins o Covered trash enclosures • WQ-2b. Projects shall be required to show compliance with the applicable hydromodification provisions of Order R9-2007-0001 and to show they are designed so that postproject runoff flow rates and directions do not exceed pre-project runoff flow rates and directions for applicable design storms. Projects shall incorporate LID design techniques to reduce the amount of runoff by mimicking the natural hydrologic function of the site by preserving natural open spaces and natural drainage channels, minimizing impervious surfaces, and promoting infiltration and evapotranspiration of runoff before runoff leaves the site. LID techniques include, but are not limited to: o Vegetated buffer strips o Vegetated bio swales o Rain gardens o Porous pavements o Bioretention areas o Vegetated roofs o Stormwater planter boxes o Infiltration trenches o Dry wells • WQ-3 In conjunction with the sale, rental or lease of a residence or business property, all prospective owners and tenants shall be notified in writing through Covenants, Conditions, and Restrictions (CC&Rs) that they shall: o Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste - Monitoring Type • Project, ongoing i • Project, ongoing Monitoring , Department , Engineering i Planning, Engineering Shown on - Plans ,,. ' • Verified ' ' Implementation - Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure, -•^rshown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. (^(Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. __J*emarks = Area for describing status of ongoing mitigation measure, or for other information. Page 19 of 23 Mitigation Measure products. o Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids, into any public or private street or into any storm drain or storm drain conveyance. o Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments in accordance with federal, State, County, and City requirements as prescribed on their respective containers. o Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. Developer shall establish a homeowner's association and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. o Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the California Department of Real Estate and the Planning Director. • WQ-4 As required by the City Engineer, a hydrology report to assess impacts relating to drainage and stormwater runoff shall be prepared. The report shall demonstrate compliance with current applicable hydromodification standards and demonstrate adequate capacity in downstream storm drain facilities, or shall demonstrate no increase in runoff peak flows through onsite detention. • WQ-5 Proposed development shall comply with all applicable requirements of Chapter 21.110, Floodplain Management Regulations, of the Zoning Ordinance. This shall include preparation of all applicable studies and reports, including those required by other agencies, such as FEMA.as directed by the City Engineer. • WQ-6 Proposed development shall be subject to compliance with mitigation measures GS-1 and GS-2, which require Monitoring - Type ' Project Project Project Monitoring Department < Engineering Planning, Engineering Planning, Engineering, Shown on ' Plans" Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 20 of 23 Mitigation Measure Monitoring Type - Monitoring Department Shown on ' Plans * • Verified Implementation Remarks preparation of site-specific geotechnical investigations and compliance with Uniform Building Code and other structural regulations. Building N-1 A noise study shall be submitted with all discretionary applications for residential projects of five or more dwelling units located within or 500-feet beyond the 60 dBA CNEL noise contour lines as shown on Map 2: Future Noise Contour Map in the Noise Element of the General Plan. This noise study shall identify design features such as noise attenuation walls and mechanical building ventilation necessary to enforce the City policy that 60 dBA CNEL is the exterior noise level (65 dBA if subject to noise from McClellan-Palomar Airport) and 45 dBA CNEL is the interior noise level to which all residential units shall be mitigated. Project Planning N-2 To minimize noise impacts, project design techniques shall be used during any discretionary review of a residential or other noise sensitive project to shield noise sensitive areas from a noise source. This can be done, for example, by increasing the distance between the noise source and the receiver; placing non-noise sensitive uses such as parking areas, maintenance facilities, and utility areas between the source and the receiver; using non- sensitive structures, such as a garage, to shield noise sensitive areas; and, orienting buildings to shield outdoor spaces from a noise source. Project Planning N-3 As applicable, future residential development shall comply with the policies of the City of Carlsbad General Plan Noise Element and City of Carlsbad Noise Guidelines Manual. Project Planning N-4 As applicable, future residential development shall comply with the following requirements: o Heavy equipment shall be repaired at sites as far as practical from nearby residences and occupied sensitive habitats. Project Planning, Building, Engineering Explanation of Headinos: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. wn on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. ified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. ^Jjjemarks = Area for describing status of ongoing mitigation measure, or for other information. Page 21 of 23 Mitigation Measure ' ,' - "V • -"_ ', o Construction equipment, including vehicles, generators, and compressors, shall be maintained in proper operating condition and shall be equipped with manufacturers' standard noise control devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures). o The City's noise ordinance (Municipal Code Section 8.48.010) limits the hours of construction to between 7 a.m. and sunset on weekdays and 8 a.m. to sunset on Saturdays. Construction is prohibited on Sundays and holidays. The City Manager may grant an exception for night work during the night, Sundays, and holidays if the construction is in a nonresidential zone and there are no inhabited dwellings within 1,000 feet of the construction site. o Electrical power shall be provided from commercial power supply, wherever feasible, to avoid or minimize the use of engine-driven generators. o Staging areas for construction equipment shall be located as far as practicable from residences and sensitive habitats. o Operating equipment shall be designed to comply with all applicable local, state, and federal noise regulations. o Noise attenuation walls/buffers shall be used to shield sensitive noise receptors from construction-generated noise greater than 75 dBA within 50 feet of sensitive receptors. o If lighted traffic control devices are to be located within 500 feet of residences, the devices shall be powered by batteries, solar power, or similar sources, and not by an internal combustion engine. • N-5 Refer to Mitigation Measure Biological Resources BR-4, which will reduce potential construction noise impacts to sensitive bird species, migratory birds, or raptors to below a level of significance. • N-6 Future development shall comply with the following requirements as applicable: o Prior to the recordation of the first final (tract/parcel) map or Monitoring ' 'Type .: • , ) Project Project Monitoring Department ! Planning Planning, Engineering Shown on Plans" Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dited. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 22 of 23 Mitigation Measure Monitoring " Type Monitoring Department Shown on Plans' , . Verified •, Implementation Remarks the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). PS-1 Prior to approval of the first tract map or building permit in Zone 25, a Local Facility Management Plan shall be prepared and adopted by the City Council for Zone 25. Consistent with the Carlsbad Growth Management Plan and its performance standards for public facilities, this plan shall show how and when the following facilities will be provided: Sewer systems, water, drainage, circulation, fire facilities, schools, libraries, city administrative facilities, parks and open space. This plan shall also include an inventory of present and future requirements for each public facility, a phasing schedule establishing the timing for provision of each facility, and a financing plan for funding the necessary facilities. Project Planning T-1 Require new development to provide a traffic analysis report, as applicable, according to City standards and as may be required by the City Engineer. This report shall evaluate project specific traffic impacts and identify mitigation for impacts. Project Planning, Engineering T-2 Require new development to comply with the adopted (September 23, 1986) Growth Management performance standards for circulation facilities, which ensures future development will not exceed the traffic load and capacity of the City's street system and intersections. Project Planning, Engineering T-3 Developers shall make applicable fair share Project Planning, Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. • Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Page 23 of 23 Mitigation Measure Monitoring;Monitoring Department Shown on ' Plans -' Verified Implementation Remarks contributions through the Traffic Impact Fee (TIP) program toward traffic improvements, to the satisfaction of the Carlsbad Engineering Department. Engineering T-4 For projects that may potentially impact the circulation networks of adjacent jurisdictions, the City shall coordinate the project's environmental review with these jurisdictions to determine the need for any mitigation of the potential impacts. ^ . Project Planning, Engineering T-5 Require new development to provide pedestrian and bicycle linkages, when feasible, which connect to nearby community centers, commercial developments, parks, schools, points of interest, major transportation corridors and the Carlsbad Trail System. Project Planning, Engineering, Recreation T-6 For development proposed adjacent to or near the North County Transit District railroad right of way, traffic analysis reports required by mitigation measure T-1 shall address any traffic increase impacts over affected rail crossings and associated mitigation measures, if any, to the satisfaction of the City Engineer. Project Planning, Engineering • USS-1 Prior to issuance of a grading permit, 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, and the General Municipal Stormwater Permit. The applicant shall be responsible for monitoring and maintaining the Best Management Plan (BMP) erosion control measures in accordance with the City's grading and erosion control requirements. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and ddted. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. JJ30373 Notice of Determination To: [X] . Office of Planning and Research From: CITY OF CARLSBAD P.O. Box 3044 Planning Department Sacramento, CA 95812-3044 re n ^ » 1635 FaradayAvenue 1X1 SD County Clerk ' * (760)602-4600 Attn: Linda Kesina DEC 2 4 Mail Stop A-33 By L. ! 1600 Pacific Highway DEPUTY San Diego, CA 92101 Project No: GPA 03-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public- Resources Code. 2005 -2010 Housing Element Project Title City of Carlsbad, Scott Donnell (760)602-4618 State Clearinghouse No. Lead Agency, Contact Person Telephone Number All areas within the city limits of Carlsbad in San Diego County Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Ave., Carlsbad, CA 92008 Applicant's Telephone Number: (760) 602-4618 Project Description: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to adopt the update of the Housing Element for the 2005-2010 housing cycle as required by the California Government Code and which affects properties throughout the city. This is to advise that the City of Carlsbad has approved the above described project on December 22,2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with comments and responses and record of project approval is available to theJ3eneral Public at THE CITY OF CARLSBAD. Date received for filing at OPR: ?osted^.EL-3J!±LRemoved turned to agency on Deputy LrKSSf Revised December 2004 ATTACHMENT 2 B3/30/20ie 13:04 9163272643 HPD PAGE 02/83 P'<HFi'T r"f iWl rurr"'Wipgtig. .manaci •" tryr "~,w • "-n"""'(i"" "-.« T i DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1 BOO ThW Street, Suite 430 P,O.BoxS520Ws«w«memo, CA 94252-2053 AH Receive u (918,327.5*43 For the Information of the- CITY COUNCIL Asst^CM March 30,2010 Ms. Lisa Hildabrand City Manager k City of Carlsbad 1200 Carlsbad Village Drive Carlsbad. CA 92008 Dear Ms. Hildabrand: RE: Review of the City of Cartsbad's Adopted Housing Element Thank you for submitting Carlsbad's housing element adopted December 22,2009 and received for review on January 11,2010. The Department is required to review adopted housing elements and report the findings to the locality pursuant to Government Code Section 65585(h). As you know, the Department's November 21,2008 review found Carlsoad's revised draft housing element addressed the statutory requirements of housing element law. As the adopted element is substantially the same as the revised draft, the Department is pleased to find the element in full compliance with State housing element law (Article 10.6 of the Government Code). The Department recognizes Carlsbad's efforts to adopt effective housirg and land-use strategies to address its existing and projected housing need, including encouraging lot consolidation and adopting minimum densities. The element's programs to provide adequate sites and encourage redevelopment in tne Village and Barrio Areas, including Program 2.1 (Adequate Sites), are critical in demonstrating compliance with housing element law. The City must monitor and report on the results of these programs through the annual progress report, required pursuant to Government Oode Section 65400, and should amend programs as necessary if existing programs or strategies are not effective in providing needed housing opportunities. For your information, pursuant to Government Code Section 65863, fo:al governments must ensure the inventory of sites or any sites program accommodates the regional housing need throughout the planning period of the element, fri addition, no local government action shall reduce, require or permit the reduction of, the residential density for any parcel to, or allow development of any parcel at, aloweiLresidential density than identified in the sjte inventory or program unless the local government makes written findings, the reduction is consistent with the adopted general plan, including the housing element and the remaining sites identified in the housing element are adequate to accommodate-the jurisdiction's share of the regional housing need. 03/30/201013:04 9163272643 ~ " . - PASE 03/03 Ms. Lisa Hildabrand Page 2 In addition, Carlsbad now meets specific requirements for several State funding programs designed to reward local governments for compliance with Stfite housing element law. For example, the Housing Related Parks Program, authorized by Proposition 1C, Local Housing Trust Fund and the Building Equity and cjrowth in Neighborhoods (BEGIN) Programs include housing element compliance either as a threshold or competitive factor in rating and ranking applications. More specific information about these and other programs is available on the Department's website at http://www.hcd.ca.qov/hDd/hrc/pJan/he/loan orant hecompl011708.pdf. The Department wishes Carlsbad success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code Section 65400. If the Department can provide assistance in implementing the housing element, please contact Paul WcDougall, of our staff, at (916) 322-7995. Sincerely, Cathy E. Creswell Deputy Director ATTACHMENT 3 Attorneys for Petitioner 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Everett L. DeLano, III (Calif. Bar No. 162608) M. Dare DeLano (Calif. Bar No. 196707) LAW OFFICES OF EVERETT L. DeLANO III 220 W. Grand Avenue Escondido, California 92025 (760)510-1562 (760) 510-1565 (fax) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION FRIENDS OF AVIARA, a non-profit ) Case No. 37-2010-00050553 association; ) ) Petitioner, ) ) NOTICE OF JUDGMENT AND WRIT vs. ) CITY OF CARLSBAD, a public body corporate and politic, and DOES 1 through 5, inclusive, J Date: N/A Respondents. ) Time: N/A ) Dent: N-31 ) (California Environmental Quality Act) icpt: ) Judge: Honorable Robert P. Dahlquist ) Friends ofAviara. v. City of Carlsbad Page 1 Notice of Judgment 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 18, 2011, the Honorable Robert P. Dahlquist, Judge of the Superior Court issued a Judgment Granting in Part and Denying in Part Writ of Mandate, and a Writ of Mandate. The Court entered both the Judgment and the Writ on May 18,2011. A true and correct copy of the Judgment is attached hereto and incorporated herein as Exhibit 1. A true and correct copy of the Writ of Mandate is attached hereto and incorporated herein as Exhibit 2. Respectfully Submitted, DATE: May 26,2011 EverettLT M. Dare DeLano LAW OFFICES OF EVERETT L. DeLANO III Attorneys for Petitioner Friends ofAviara. v. City of Carlsbad Notice of Judgment Page 2 EXHIBIT 1 F I L E p Cferlt of (he Suwrw Court MAY 1 8 2011 By: L. ARTHUR, Deputy 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION FRIENDS OF AVIARA, a non-profit association; Petitioner, vs. Case No. 37-2010-00050553 - i WRIT OF MANDATE CITY OF CARLSBAD, a public body corporate ) and politic, and DOES 1 through 5, inclusive, ) Date: N/A Time: N/A Respondents.Dept: N-31 Judge: Honorable Robert P. Dahlquist Friends ofAviara. v. City of Carlsbad Writ of Mandate Pagel 1 2 3 4 5 6 7 . 8 9 10V 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 28 Judgment having been entered in this proceeding, ordering that a peremptory writ of mandate be issued from this Court, IT IS ORDERED that, immediately on service of this writ, Respondent City of Carlsbad shall: A. Set aside that portion of Resolution No. 2009-322 which adopted the findings and approval of the 2005-2010 Housing Element (General Plan Amendment GPA 03-02); B. Revise the 2005-2010 Housing Element in accordance with Government Code section 65583(c) to include a timeline for processing each of the amendments to the General Plan, tettHg>6MbiaOTHMrii«rtii«p4^ necessary to implement the 2005-2010 Housing Element; and . C. Take no action to approve any development project which requires an amendment to the General Plan, JiMiMdMiHHMHVMriiHadyHriMMBiMM^^ until after Respondent has complied with requirements of the writ of mandate. This Court will retain jurisdiction over Respondents' proceedings by way of a return to this peremptory writ of mandate until the Court has determined that Respondent has complied with the provisions of state law. Respondents must file a return to this writ no later than} Dated:// T _1 * *^^>f?>it »* I » WTO UUVJudge oFtne Superior Uo Friends ofAviara. v. City of Carlsbad Writ of Mandate Page 2 EXHIBIT 2 1 2 3 4 5 $• 1 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 Cterk of the Superior Oivirt MAY 1 8 2011 By: L. ARTHUR, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION FRIENDS OF AVIARA, a non-profit association; Petitioner, vs. CITY OF CARLSBAD, a public body corporate and politic, and DOES 1 through 5, inclusive, Respondents. ) Case No. 37-2010-00050553-^-TT-KlCL JUDGMENT GRANTING IN ) PART AND DENYING IN PART WRIT OF ) MANDATE Date: N/A Time: N/A Dept: N-31 Judge: Honorable Robert P. Dahlquist Friends ofAviara. v. City of Carlsbad Judgment Granting in Part and Denying in Part Writ of Mandate Page 1 1 2 3 4 5 6 1 8 9 10 11 12- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court heard this matter on March 17, 2011. Everett L. DeLano III appeared on behalf of Petitioner Friends of Aviara. Michael M. Hogan, Ronald Ball and Jane Mobaldi appeared on, behalf of Respondent City of Carlsbad. Memoranda of points and authorities and other papers were filed, the record of administrative proceedings was lodged, and oral arguments were presented by counsel for the parties in support of and in opposition to the petition for writ of mandate, and the matter was taken under submission by the Court. The Court, having entered a Minute Order on March 28,2010, granting in part and denying in part the petition for writ of mandate, now enters judgment as follows: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: I. The petition for writ of mandate is granted in part and denied in part for the reasons set forth in the Minute Order dated March 28,201 l^MM*taeiPWMapgMii«fiMMMMMl^^ 2.A writ of mandate shall issue ordering Respondent: A. To set aside that portion of Resolution No. 2009-322 which adopted the findings and approval of the 2005-2010 Housing Element (General Plan Amendment GPA 03-02); B. To revise the 2005-2010 Housing Element in accordance with Government Code section 65583(c) to include a timeline for processing each of the amendments to the General Plan, «^H^«^iiMMi^M^^iM^«M)HMHbMMMMP necessary to implement the 2005-2010 Housing Element; and C. To take no action to approve any development project which requires an amendment to the General Plan, MHMp0aiMWMMMMH*iHMi*H4OTHriMM«4BMMMiB^^ 3. 4. until after Respondent has complied with requirements of the writ of mandate. All other relief sought in the petition for writ of mandate is denied. This Court shall retain jurisdiction to consider any motion for costs and fees and over Respondent's return of the writ. Dated: ^ A ROBERTfiJudge of the Superior Friends of Aviara. v. City of Carlsbad Judgment Granting in Part and Denying in Part Writ of Mandate Page 2 2 3 6 7 9 , n City Attorney10 CITY OF CARLSBAD 11 12 13 14 15 PROOF OF SERVICE Friends ofAviara v. City of Carlsbad, Case No. 37-2010-00050553 I, the undersigned, declare: 1. I am over the age of 18 years and not a party to this action. I am employed in the County of San Diego, California, in which county the within mentioned service occurred. My business address is 220 W. Grand Avenue, Escondido CA 92025. 2. I am familiar with this office's normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service. That practice is to deposit correspondence with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. 3. On May 26, 2011,1 served a copy of NOTICE OF JUDGMENT AND WRIT Ronald R. Ball U.S. MAIL 1200 Carlsbad Village Drive Carlsbad, California 92008 . Michaels M. Hogan U.S. MAIL HOGAN GUINEY DICK, LLP 225 Broadway, Suite 1900 San Diego, California 92101 I declare under penalty of perjury that the foregoing is true and correct. 16 Dated this Thursday, May 26,2011 at Escondido, California, 17 18 M. Dare DeLano 19 20 21 22 23 24 25 26 27 28 Proof of Service - 1 Parti page 1 of 3 ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (OCR Title 25 §6202 ) Jurisdiction Reporting Period City of Carlsbad 01/01/2010 -12/31/2010 Table A Annual Building Activity Report Summary - New Construction Very Low-, Low-, and Mixed-Income Multifamily Projects Housing Development Information 1 Project Identifier ; (maybeAPN:No., project name or address) . : 2677 JEFFERSON ST 2701 HIGHLAND DR 3125 MONROE ST 1080 CHESTNUT AV 2 Unit Category SU SU SU SU 3 Tenure R=Renter O=Owner R R R R I 4 Affordability by Household Incomes Very Low- Income Low- Income 1 1 1 •] Moderate- Income (9) Total of Moderate and Above Moderate from Table A3 +• > 2 (10) Total by income Table A/A3 *• > (11) Total Extremely Low-Income Units* 4 2 Above Moderate- Income 371 371 5 Total Units per Project . 1 1 1 1 373 377 5a Est. # Infill Units* Housing with Financial Assistance and/or Deed Restrictions 6 Assistance Programs for Each Development See Instructions 7 Deed Restricted Units See Instructions Zoning Ord.*' Zoning Ord." 'Zoning Ord.*1 Zoning Ord.*' Housing without Financial Assistance or Deed Restrictions 8 Note below the number of units determined to be affordable without financial or deed restrictions and attach an explanation how the jurisdiction determined the units were affoniabie. RefeVto instructions. * Note: These fields are voluntary ** Carlsbad Zoning Ordinance requires these units to be rented to a low income individual. For additional information and a description of the terms and methods used in Part 1 of this report, please see Appendix A.OX mz Parti page 2 of 3 ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (OCR Title 25 §6202 ) Jurisdiction Reporting Period City of Carlsbad 01/01/2010 -12/31/2010 Table A2 Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1 (c)(1) Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section 65583.1{c)(1) Activity Type (1) Rehabilitation Activity (2) Preservation of Units At-Risk (3) Acquisition of Units (5) Total Units by Income Affordability by Household Incomes Extremely Low- Income* 0 Very Low- Income 0 Low- Income 0 TOTAL UNITS 0 0 0 0 (4) The Description should adequately document how each unit complies with subsection (c )(7) of Government Code Section 65583.1 ' Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate-Income Units (not including those units reported on Table A) No. of Units Permitted for Moderate No. of Units Permitted for Above Moderate 1 Single Family 299 2. 2 -4 Units 2 72 3. 5+ Units 4. Second Unit 5. Mobile Homes i i ! 6 Total 2 371 7. Number of infill units* ' Note: This field is voluntary ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 1 - Housing Production Status (CCR Title 25 §6202 ) Parti page 3 of 3 Jurisdiction Reporting Period City of Carlsbad 01/01/2010 -12/31/2010 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Enter Calendar Year starting with the first year of the RHNA allocation period. See Example. Income Level Very Low Low Moderate Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted Above Moderate Total RHNA by COG. Enter allocation number: RHNA Allocation by Income Level 1.922 1,460 1.583 3,411 8,376 Total Units > > > Remaining Need for RHNA Perioc 2003 Year 1 85 336 174 672 1,267 2004 Year 2 200 184 1092 1,476 2005 Year 3 70 1 ,330 1,400 2006 Year 100 89 306 495 2007 2008 Year5 10 358 368 Year 6 11 96 2 147 256 2009 Year 7 12 163 175 2010 Year 8 4 2 371 377 Year 9 Total Units to Date (all years) 196 817 362 4,439 5,814 Total Remaining RHNA by Income Level 1,726 643 1,221 -1,028 2,562 Note: units serving extremly low-income households are included in the very low-income permitted units totals. ANNUAL HOUSING ELEMENT PROGRESS REPORT Part 2 - Program Implementation Status January 2010 through December 2010 CODE KEY Status:Department or Division: C - Completed 0 - Ongoing 1 - In Process P - Pending D - Delete One-time project for which ail work has been completed Completed program, but one that requires recurring activity Staff work is well under way and program will be implemented soon (including any necessary hearings) Program for which preliminary work needs to be initiated, or program is in early stages of work Program that may no longer be necessary or relevant due to another program, changed circumstances, or policy change BCE - Building & Code Enforcement CED - Community & Economic Development HNS - Housing & Neighborhood Services P - Planning F- Finance Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Condominium Conversion 1.1 The City will continue to discourage and/or restrict condominium conversions when such conversions would reduce the number of low or moderate income housing units available throughout the City. All condominium conversions are subject to the City's Inclusionary Housing Ordinance; the in-lieu fees or actual affordable units required by the ordinance would be used to mitigate the loss of affordable rental units from the City's housing stock. O The City considers condominium conversions on a case by case basis. In 2010, the City received one application to convert two single family homes on one lot into airspace ownership units. Mobile Home Park Preservation 1.2 The City will continue to implement the City's Residential Mobile Home Park zoning ordinance (Municipal Code 21.37) that sets conditions on changes of use or conversions of Mobile Home Parks. The City will also assist lower income tenants to research the financial feasibility of purchasing their mobile home parks so as to maintain the rents at levels affordable to its tenants. P, HNS The City continues to implement the mobile home zoning ordinance and has held initial discussions with stakeholders regarding potential assistance to tenants purchasing Lanakai Mobile Home Park. Acquisition/ Rehabilitation of Rental Housing 1.3 The City will continue to provide assistance to preserve the existing stock of low and moderate income rental housing, including: • Provide loans, grants, and/or rebates to owners of rental properties to make needed repairs and rehabilitation. • Acquire and rehabilitate rental housing that is substandard, deteriorating or in danger of being demolished. Set-aside at least 20 percent of the rehabilitated units for very low income households. • Provide deferral or subsidy of planning and building fees, and priority processing. Priority will be given to housing identified by the Building Department as being substandard or deteriorating, and which houses lower income and in some cases moderate income households. O HNS, BCE Requests for acquisition/rehabilitation of rental properties are considered on a case by case basis. Rehabilitation of Owner- Occupied Housing 1.4 As the housing stock ages, the need for rehabilitation assistance may increase. The City will provide assistance to homeowners to rehabilitate deteriorating housing. Energy conservation improvements are eligible activities under the City's rehabilitation assistance. Assistance will include financial incentives in the form of low interest and deferred payment loans, and rebates. Households targeted for assistance include lower-income and special needs (disabled, large, and senior) households. O HNS The City has implemented a home repair program for owner occupied properties that provides loans which are forgiven after 5 years. In 2010, the City aided two households with home repair loans. Part 2 - Program Implementation Status-January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Preservation of At-Risk Housing 1.5 One project - Seascape Village - within the City may be considered as at risk. This project has deed restrictions on 42 units that are set to expire January 1, 2009. The City will monitor the status of projects such as Seascape Village that may be at-risk, ensure tenants receive proper notification of any changes and are aware of available special Section 8 vouchers, and contact nonprofit housing developers to solicit interest in acquiring and managing at risk projects. O HNS Notices to tenants at Seascape Village were monitored and City staff worked with owners of Seascape Village in an attempt to extend the affordability restrictions. Property was sold and new owners declined to work with the City further. Adequate Sites 2.1 The City will continue to monitor the absorption of residential acreage in all densities and, if needed, recommend the creation of additional residential acreage at densities sufficient to meet the City's housing need for current and future residents. Any such actions shall be undertaken only where consistent with the Growth Management Plan. In order to ensure that adequate residential acreage at appropriate densities is available to meet the City's Regional Housing Needs Assessment (RHNA) the City will implement the following objectives: a. The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-1 to RH and require that the redesignated sites be developed at a minimum density of 20 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-1 General Plan Amendment (RH): Ponto and Quarry Creek Property Ponto Quarry Creek Commercial Mixed Use Ponto APN 216-140-17 Portions of 167-040-21 Portion of 21 6- 140-18 Approximate Minimum Acres to be Redesignated toRH 6.4 15.0 2.8 Density Yield 128 300 28 P, HNS Housing Element Section 3, Resources Available, identifies the "Bridges at Aviara Affordable Housing Component" as a project that would help Carlsbad meet its Regional Housing Needs Assessment (RHNA) for lower income units during the current 2005-2012 housing cycle. The applicant of this privately- initiated proposal has withdrawn the project, resulting in the loss of 76 potential low income apartments; this loss affects the City's ability to meet its RHNA. Housing Element Table 3-12 shows Carlsbad's RHNA needs and how the City intends to meet those needs through adequate sites, or numbers of units. With the Bridges at Aviara Affordable Housing Component, Carlsbad had 50 units more than it needed, as the table reflects; with the loss of the Bridges project, the City has a 26 unit moderate income deficit. These units must be replaced in either the lower income or moderate income categories for the City to continue to meet its RHNA during the current housing cycle. When reviewing Table 3-12, please note that the surplus of lower income units may be counted toward satisfying the deficit of moderate income units. It is anticipated most of the 26 unit deficit will be made up by the Dos Colinas project, a large senior community proposed near El Camino Real and College Boulevard, (continued on next page) Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments b. The City shall process a general plan amendment(s) to redesignate a minimum net acreage of each site in Table 6-2 to RMH and require that the redesignated site be developed at a minimum density of 12 units per acre. As part of this program, the City shall also process all necessary amendments to the Zoning Ordinance and other planning documents, such as master or specific plans. Table 6-2 General Plan Amendment (RMH): Quarry Creek Adequate Sites (Continued) 2.1 Property Quarry Creek APN Portions of 167-040-21 Approximate Minimum Acres to be Re-designated to RMH 17 Density Yield 200 c. The City shall process general plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations, respectively, except for those RH designated properties in the Beach Area Overlay Zone. d. The City shall process amendments to the Village Redevelopment Master Plan and Design Manual and/or other planning documents as necessary to establish, for residential projects and mixed use projects with residential components within the Village Redevelopment Area, minimum densities equal to 80% of the maximum of the density range. For land use districts 1 - 4 (density range of 15 - 35 units per acre), as specified in the Carlsbad Village Redevelopment Master Plan and Design Manual, 80% shall be 28 units per acre. For land use districts 5-9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities. P, HNS The public comment period on the Dos Colinas Draft EIR has closed and the project, if approved, is expected to receive city entitlements before the end of the current housing cycle. To satisfy its inclusionary housing need, Dos Colinas proposes to make affordable 20 units in the Cantarini/Holly Springs apartment project. This 80 unit complex, approved to be constructed near the Dos Colinas proposal, is identified in Housing Element Table 3-2. Half of the complex is already set aside for low and moderate income families and meets the inclusionary needs of the Cantarini/Holly Springs single-family residential development. The remaining 40 units of the apartment complex are market rate units; the Dos Colinas developer has proposed to deed restrict 20 of these remaining units for lower-income families. With the Dos Colinas project proposal, the city still needs to identify six additional units to meet its RHNA obligations for lower and moderate income units. The proposed master plan for Quarry Creek includes more acreage than the Housing Element identifed for the project (an adjacent and vacant 56-acre parcel). Potentially, this additional area may enable the designation of more lower or moderate income sites in Quarry Creek than the 500 units anticipated in the Housing Element (see item a below). Therefore, the City anticipates the shortfall can be made up at Quarry Creek. See Housing Element pages 3- 10 and 3-11 and tables 3-4 and 3-9 for further information about Quarry Creek. a. An application for a master plan was submitted in 2010 for the Quarry Creek site which will implement Program 2.1. (continued below) Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Adequate Sites (Continued) .2.1 The City shall process amendments to the general plan and zoning ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3- 4, 3-6 and 3-9 for the Barrio Area. The City shall amend its zoning ordinance, general plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with a General Plan designations of "CL" and "R" and zoning designations of "C-L," "C-1" and "C-2," and/or other general plan and zoning designations as appropriate. Mixed use residential on shopping center and commercial sites shall be at a minimum density of 20 units per acre. The City will encourage the consolidation of small parcels in order to facilitate larger-scale developments. Specifically, the City will make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout the City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. For the Barrio Area, incentives shall be developed to encourage the consolidation of parcels and thus the feasibility of affordable housing. These incentives shall include increased density and other standards modifications. To facilitate development in the Village Redevelopment Area, modification of standards (including increased density) are permitted for affordable housing, "green" buildings, and projects which meet the goals and objectives of the Village (which include residential and mixed use developments). In addition, the City offers offsets to assist in the development of affordable housing citywide. Offsets include concessions or assistance including, but not limited to, direct financial assistance, density increases, standards modifications, or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction. The City will also encourage lot consolidation by assisting in site identification. P, HNS The application proposes 290 units for the RH designation and 366 for the RMH designation, for a total of 656 units. b. See item "a" above. c. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. d. Amendments to the master plan are currently in process. e. This task will be completed as part of the comprehensive general plan and zoning ordinance update, which is currently in process and expected to be completed in 2013. f. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. g. HNS maintains a monthly "Real Estate Hot Sheet" that lists properties that are available for lease and for sale within the Village area. The HNS Dept. is currently reviewing two projects in the Village that are asking for a modification to standards. The justification for modifying standards are that the projects meet the goals and objectives of the Village (mixed-use), are located within close proximity to public transit, and will be achieving a LEED Silver certification for a "green" building. For the Barrio Area, the City maintains an inventory of vacant and underutilized properties, which is available to developers. The development of incentives for lot consolidation will be considered as part of the comprehensive General Plan and Zoning Ordinance update currently in process. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Flexibility in Development Standards 2.2 The Planning Department, in its review of development applications, may recommend waiving or modifying certain development standards, or propose changes to the Municipal Code to encourage the development of low and moderate income housing. The City considers waivers and modifications to development standards to assist in the development of affordable housing on a case by case basis. No projects in 2010 requested or received such waivers or modifications. Mixed Use 2.3 The City will encourage mixed-use developments that include a residential component. Major commercial centers should incorporate, where appropriate, mixed commercial/residential uses. Major industrial/office centers, where not precluded by environmental and safety considerations, should incorporate mixed industrial/office/residential uses. • As described in Program 2.1, the City shall amend the zoning ordinance and other necessary land use documents to permit residential mixed use at 20 units per acre on shopping center sites and commercial areas. The amendments have been drafted and are currently under internal review, and staff anticipates that Planning Commission and City Council hearings will occur in 2011. Energy Conservation 2.4 The City of Carlsbad has established requirements, programs, and actions to improve household energy efficiency, promote sustainability, and lower utility costs. • Enforce California building and subdivision requirements by requiring compliance with state energy efficiency standards (including adoption of the California Energy Code, 2007 Edition) and state Subdivision Map Act energy conservation provisions (Government Code section 66473.1). This latter code section requires subdivision design to provide future homes with passive or natural heating opportunities to the extent feasible through, for example, lot orientation. • Encourage solar water heating by requiring new residential construction (ownership dwelling units only) to pre-plumb to accommodate solar hot water systems. This requirement has been in effect since 1981. • Promote and participate in regional water conservation programs that allow Carlsbad Municipal Water District (CMWD) residents to receive rebates for water efficient clothes washing machines and toilets, free on-site water use surveys, and vouchers for weather- based irrigation controllers. The City publicizes these programs on its website, www.carlsbadca.gov/water/ wdtips.html. CMWD serves approximately 75 percent of the City. P, BCE The city adopted the Water Efficient Landscape Ordinance in 2010, and intends to implement the ordinance in 2011 through an update to the landscape manual. The 2010 Building Code, which includes the California Green Building. Standards, will be considered for adoption by the City Council on March 22, 2011. Part2 - Program Implementation Status-January 2010 through December2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Energy Conservation (Continued) 2.4 CMWD is also a signatory to the California Urban Water Conservation Council Memorandum of Understanding ("MOU"). Signatories to the MOU implement 14 Best Management Practices that have received a consensus among water agencies and conservation advocates as the best and most realistic methods to produce significant water savings from conservation. In 1991, Carlsbad adopted a five-phase Recycled Water Master Plan designed to save potable water. The result is that CMWD has the most aggressive water recycling program in the region when measured in terms of percent of supply derived from recycled water. In its 2005 Urban Water Management Plan, CMWD estimates that in 2020 seven percent of the water needs of the area it serves will be met by conservation, 21 percent by recycled water usage, and 72 percent by desalinated water. • In the Village Redevelopment Area, encourage energy conservation and higher density development by the modification of development standards as necessary to: o Enable developments to qualify for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. o Achieve densities at or above the minimum required if the applicant can provide acceptable evidence that application of the development standards precludes development at such densities. Modifications may include but are not limited to changes to density, parking standards, building setbacks and height, and open space. • Facilitate resource conservation for all households by making available through a competitive process Community Development Block Grants to non-profit organizations that could use such funds to replace windows, plumbing fixtures, and other physical improvements in lower-income neighborhoods, shelters, and transitional housing. O P, BCE The Housing and Neighborhood Services Department is currently reviewing two projects in the Village that request a standards modification in order to assist in achieving LEED Silver certification. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 GY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Energy Conservation (Continued) 2.4 Per General Plan policy, reduce fossil fuel consumption and pollution and improve residents' health by requiring: o New development to provide pedestrian and bike linkages, when feasible, which connect with nearby community centers, parks, school, and other points of interest and major transportation corridors. o Multi-family uses to locate near commercial centers, employment centers, and major transportation corridors. Designate "smart growth" areas in the City to help implement the San Diego Association of Governments Regional Comprehensive Plan vision for compact, sustainable growth. Per the City's Growth Management Program: o Facilitate development of higher density, affordable, and compact development by allowing withdrawals from the City's Excess Dwelling Unit Bank (see Section 4 for further details) only for certain qualifying projects; these projects include transit-oriented/smart growth developments, senior and affordable housing, and density bonus requests. o Encourage infill development in urbanized areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized. O P, BCE The Village and Barrio are designated as a "smart growth opportunity site" on SANDAG's Smart Growth Concept Map. In 2010, the city applied for (but did not receive) grant funding to prepare a "smart growth" land use study and area plan for the Barrio. Land use planning for the Barrio is underway as part of the comprehensive general plan and zoning ordinance update, which is expected to be completed in 2013. A master plan for Quarry Creek, another designated potential smart growth opportunity site, was submitted in late 2010 and is currently in review. The City continues to make available excess dwelling units for qualifying projects (also see program 3.2 below). In 2010, no projects received an allocation from the Excess Dwelling Unit Bank. 8 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Inclusionary Housing Ordinance 3.1 The City will continue to implement its Inclusionary Housing Ordinance that requires 15 percent of all residential units within any Master Plan/Specific Plan community or other qualified subdivision (currently seven units or more) be restricted and affordable to lower income households. This program requires an agreement between all residential developers subject to this inclusionary requirement and the City which stipulates: • the number of required lower income inclusionary units; • the designated sites for the location of the units; • a phasing schedule for production of the units; and • the term of affordability for the units. For all subdivisions of fewer than seven units, payment of a fee in lieu of inclusionary units is permitted. The fee is based on a detailed study that calculated the difference in cost to produce a market rate rental unit versus a lower-income affordable unit. As of September 1, 2006, the in-lieu fee per market- rate dwelling unit was $4,515. The fee amount may be modified by the City Council from time-to-time and is collected at the time of building permit issuance for the market rate units. The City will continue to utilize inclusionary in-lieu fees collected to assist in the development of affordable units. The City will also continue to consider other in-lieu contributions allowed by the Inclusionary Housing Ordinance, such as an irrevocable offer to dedicate developable land. O P, HNS To comply with recent case law (Palmer/Sixth Street Properties, L.P. v. City of Los Angeles), the City amended its inclusionary housing requirements. The amendment, which results in only minor changes, is primarily needed to clarify that inclusionary requirements apply to rental projects only if the project developer agrees by contract to limit rent as consideration for a "direct financial contribution" or any other forms of assistance specified in density bonus law. Subject to the limitations imposed by Palmer, the proposed amendment does not interfere with the ongoing implementation of inclusionary housing requirements and based on previous development trends will not significantly impact affordable housing production. In 2010, the in-lieu fee per market dwelling unit remained at $4,515. rate Excess Dwelling Unit Bank 3.2 The City will continue to maintain, monitor and manage the Excess Dwelling Unit Bank, composed of "excess units" anticipated under the City's Growth Management Plan, but not utilized by developers in approved projects. The City will continue to make excess units available for inclusion in other projects using such tools as density transfers, density bonuses and changes to the General Plan land use designations per Council Policy Statement 43. Based on analysis conducted in Section 4, Constraints and Mitigating Opportunities, the City has adequate excess dwelling units to accommodate the remaining RHNA of 2,395 units for lower and 1,171 units for moderate income households, which would require withdrawal of 2,830 units from the Excess Dwelling Unit Bank. O Through its continued implementation of the Growth Management Plan, the City tracks development and the Excess Dwelling Unit Bank in its monthly Development Monitoring Report. According to the December 2010 report, the excess unit balance is 3,012 dwelling units. These units are available for qualifying projects which include affordable housing and density bonuses. Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Density Bonus City-Initiated Development Program # 3.3 ^ A.O.*T Description In 2004, the State adopted new density bonus provisions (SB 1818) that went into effect on January 1, 2005. Consistent with the new State law (Government Code sections 65913.4 and 65915), the City will continue to offer residential density bonuses as a means of encouraging affordable housing development. In exchange for setting aside a portion of the development as units affordable to lower and moderate income households, the City will grant a bonus over the otherwise allowed density, and up to three financial incentives or regulatory concessions. These units must remain affordable for a period of 30 years and each project must enter into an agreement with the City to be monitored by the Housing and Redevelopment Department for compliance. The density bonus increases with the proportion of affordable units set aside and the depth of affordability (e.g. very low income versus low income, or moderate income). The maximum density bonus a developer can receive is 35 percent when a project provides 11 percent of the units for very low income households, 20 percent for low income households, or 40 percent for moderate income households. Financial incentives and regulatory concessions may include but are not limited to: fee waivers, reduction or waiver of development standards, in-kind infrastructure improvements, an additional density bonus above the requirement, mixed use development, or other financial contributions. The City, through the Housing and Redevelopment Department, will continue to work with private developers (both for-profit and non-profit) to create housing opportunities for low, very low and extremely low income households. Status 0 Dept/ Div P, HNS P WM<5, niNO Comments The City continues to provide information and work with developers to assist them in creating additional housing opportunities for lower income households. 10 Part2- Program Implementation Status-January 2010 through December2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Affordable Housing Incentives 3.5 The City uses Redevelopment Housing Set-Aside Funds and Housing Trust Funds to offer a number of incentives to facilitate affordable housing development. Incentives may include: • Payment of public facility fees; • In-kind infrastructure improvements, including but not limited to street improvements, sewer improvements, other infrastructure improvements as needed; • Priority processing, including accelerated plan-check process, for projects that do not require extensive engineering or environmental review; and • Discretionary consideration of density increases above the maximum permitted by the General Plan through review and approval of a Site Development Plan (SDP). O P, HNS, F The City continues to offer incentives to facilitate affordable housing. Land Banking 3.6 The City will continue to implement a land banking program to acquire land suitable for development of housing affordable to lower and moderate income households. The Land Bank may accept contributions of land in-lieu of housing production required under an inclusionary requirement, surplus land from the City or other public entities, and land otherwise acquired by the City for its housing programs. This land would be used to reduce the land costs of producing lower and moderate income housing by the City or other parties. The City has already identified a list of nonprofit developers active in the region. When a City-owned or acquired property is available, the City will solicit the participation of these nonprofits to develop affordable housing. Affordable Housing Funds will be made available to facilitate development and the City will assist in the entitlement process. CED, HNS Housing Trust Fund 3.7 The City will continue to maintain the various monies reserved for affordable housing, and constituting the Housing Trust Fund, for the fiduciary administration of monies dedicated to the development, preservation and rehabilitation of housing in Carlsbad. The Trust Fund will be the repository of all collected in-lieu fees, impact fees, housing credits and related revenues targeted for proposed housing as well as other local, state and federal funds. HNS, F The City continues to maintain the Housing Trust Fund, which had an available balance of approximately $13.5 million as of January 2011. 11 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Section 8 Housing Choice Vouchers 3.8 The Carlsbad Housing Authority will continue to operate the City's Section 8 Housing Choice Voucher program to provide rental assistance to very low income households. O HNS The Housing Authority continues to operate Section 8 Housing Choice Voucher Program. Mortgage Credit Certificates 3.9 The City participates in the San Diego Regional Mortgage Credit Certificate (MCC) Program. By obtaining a MCC during escrow, a qualified homebuyer can qualify for an increased loan amount. The MCC entitles the homebuyer to take a federal income tax credit of 20 percent of the annual interest paid on the mortgage. This credit reduces the federal income taxes of the buyer, resulting in an increase in the buyer's net earnings. O HNS The City continues to participate in MCC Program with 2 certificates issued in 2010. Senior Housing 3.10 The City will continue to encourage a wide variety of senior housing opportunities, especially for lower-income seniors with special needs, through the provision of financial assistance and regulatory incentives as specified in the City's Senior Housing Overlay zone. Projects assisted with these incentives will be subjected to the monitoring and reporting requirements to assure compliance with approved project conditions. In addition, the City has sought and been granted Article 34 authority by its voters to produce 200 senior-only affordable housing units. The City would need to access its Article 34 authority only when it functions as the owner of the project, where the City owns more than 51 percent of the development. P, HNS The city continues to encourage senior housing opportunities through financial assistance and regulatory incentives. Housing for Persons with Disabilities 3.11 The City will adopt an ordinance to establish a formal policy on offering reasonable accommodations to persons with disabilities with regard to the construction, rehabilitation, and improvement of housing. The ordinance will specify the types of requests that may be considered reasonable accommodation, the procedure and reviewing/approval bodies for the requests, and waivers that the City may offer to facilitate the development and rehabilitation of housing for persons with disabilities. P, BCE In 2010, a zoning ordinance amendment to remove the definition of "family" was adopted by the City Council, and is currently pending approval by the Coastal Commission. The reasonable accommodations zoning ordinance amendment was drafted in 2010 and recommended for approval by the Planning Commission on Jan. 19, 2011 and is scheduled for a City Council hearing on March 22, 2011. Housing for Large Families 3.12 In those developments that are required to include 10 or more units affordable to lower-income households, at least 10 percent of the lower income units should have three or more bedrooms. This requirement does not pertain to lower-income senior housing projects. O The City continues to implement this program as part of its inclusionary housing ordinance. In 2010, no permits for inclusionary units were issued. 12 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Farm Labor Housing 3.13 Pursuant to the State Employee Housing Act, the City permits by right employee housing for six or fewer in all residential zones where a single-family residence is permitted. Farm labor housing for 12 persons in a group quarters or 12 units intended for families is permitted by right on properties where agricultural uses are permitted. In 2004, the City amended the Zoning Code to conditionally permit farm labor housing for more than 12 persons in a group quarters or 12 units/spaces for households in the E-A, O, C-1, C-2, C-T, C-M, M, P-M, P-U, O-S, C-F and C-L zones. CED, P A zoning ordinance amendment to comply with Health and Safety Code Sec. 17021.6 has been drafted and is currently under internal review. Staff anticipates that Planning Commission and City Council hearings will occur in 2011. Housing for the Homeless 3.14 Carlsbad will continue to facilitate the acquisition, for lease or sale, of suitable sites for emergency shelters and transitional housing for the homeless population. This facilitation will include: • Participating in a regional or sub-regional summit(s) including decision-makers from North County jurisdictions and SANDAG for the purposes of coordinating efforts and resources to address homelessness; • Assisting local non-profits and charitable organizations in securing state and federal funding for the acquisition, construction and management of shelters; • Continuing to provide funding for local and sub-regional homeless service providers that operate temporary and emergency shelters; and • Identifying a specific zoning district in the City where emergency shelters will be permitted by right, with the following criteria: o The appropriate zoning district will offer easy access to public transportation and supportive services. o The zoning district should also contain adequate vacant and underutilized sites or building that can be converted to accommodate emergency shelters. CED, P A zoning ordinance amendment to permit emergency shelters by right in the Planned Industrial Zone has been drafted and is currently under internal review. Staff anticipates that Planning Commission and City Council hearings will occur in 2011. In 2010, the City received an application to expand the existing La Posada de Guadalupe homeless shelter from a temporary 50 bed facility to a permanent 100 bed facility. Currently under review, staff anticipates the application will be scheduled for a Planning Commission hearing in 2011. In addition, the City has committed $2,000,000 in financial support for the La Posada de Guadalupe expansion from money collected through its Agricultural Mitigation Fee program. Also, the City provides CDBG/HOME money toward operation of the facility in annual amounts ranging between $5,000 and $17,500. 13 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Housing for the Homeless (Continued) 3.14 Besides being subject to the same development standards applied to other development in the specified zoning district, the City will establish objective development standards to regulate the following: 1) the maximum number of beds/persons permitted to be served nightly; 2) off-street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; 3) The size/location of exterior and interior onsite waiting and client intake areas; 4) The provision of onsite management; 5) The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; 6) The length of stay; 7) Lighting; and 8) Security during hours that the emergency shelter is in operation. CED, P Transitional and Supportive Housing 3.15 Currently, the City's Zoning Ordinance does not address the provision of transitional housing and supportive housing. The City will amend the Zoning Ordinance to clearly define transitional housing and supportive housing. When such housing is developed as group quarters, they should be permitted as residential care facilities. When operated as regular multi-family rental housing, transitional and supportive housing should be permitted by right as a multi-family residential use in multi- family zones. The City anticipates it will initiate an ordinance amendment in 2011 to address the provision of transitional and supportive housing. Supportive Services for Homeless and Special Needs Groups 3.16 The City will continue to provide CDBG funds to community, social welfare, non-profit and other charitable groups that provide services for those with special needs in the North County area. Furthermore, the City will work with agencies and organizations that receive CDBG funds to offer a City Referral Service for homeless shelter and other supportive services. O HNS In 2010, the City provided CDBG assistance to 13 social service providers in North County and serves as a referral agency for homeless shelters and support services. Alternative Housing 3.17 The City will continue to implement its Second Dwelling Unit Ordinance (Section 21.10.015 of the Carlsbad Municipal Code) and will continue to consider alternative types of housing, such as hotels and managed living units. P, HNS The City continues to implement the Second Dwelling Unit Ordinance and consider alternative types of housing. In 2010, building permits were issued for four second dwelling units. 14 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program Implementation Status HE Program Program #Description Status Dept/ Div Comments Military and Student Referrals 3.18 The City will assure that information on the availability of assisted or below-market housing is provided to all lower-income and special needs groups. The Housing and Redevelopment Agency will provide information to local military and student housing offices of the availability of low-income housing in Carlsbad. O HNS The City provides information on assisted and below market housing to individuals and groups needing that information. Coastal Housing Monitoring 3.19 As a function of the building process, the City will monitor and record Coastal Zone housing data including, but not limited to, the following: 1) The number of new housing units approved for construction within the coastal zone after January 1, 1982. 2) The number of housing units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, required to be provided in new housing developments within the coastal zone. 3) The number of existing residential dwelling units occupied by persons and families of low or moderate income that are authorized to be demolished or converted in the coastal zone pursuant to Section 65590 of the Government Code. 4) The number of residential dwelling units occupied by persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code that are required for replacement or authorized to be converted or demolished as identified above. The location of the replacement units, either onsite, elsewhere within the City's coastal zone, or within three miles of the coastal zone in the City, shall be designated in the review. O CED 1) In 2010, 10 units were permitted in the Coastal Zone. 2) 0 3) 0 4) 0 Housing Element Annual Report 3.20 To retain the Housing Element as a viable policy document, the Planning Department will undertake an annual review of the Housing Element and schedule an amendment if required. As required, staff also monitors the City's progress in implementing the Housing Element and prepares corresponding reports to the City Council, SANDAG, and California Department of Housing and Community Development annually. 15 Part 2 - Program Implementation Status - January 2010 through December 2010 Table 2.1 CY 2010 Housing Element Program implementation Status HE Program Fair Housing Services Program # 4.1 Description With assistance from outside fair housing agencies, the City will continue to offer fair housing services to its residents and property owners. Services include: • Distributing educational materials to property owners, apartment managers, and tenants; • Making public announcements via different media (e.g. newspaper ads and public service announcements at local radio and television channels); • Conducting public presentations with different community groups; • Monitoring and responding to complaints of discrimination (i.e. intake, investigation of complaints, and resolution); and • Referring services to appropriate agencies. Status o Dept/ Div HNS Comments The City contracts with a fair housing agency to provide their services to Carlsbad residents and property owners. Services include those listed in the column to the left. 16 '"^V CARLSBAD Memorandum March 22, 2011 To: City Council From: Lisa Hildabrand, City Manager Via Gary Barberio, Community and Economic Development Director Re: Errata sheet for AB # 20,482 - ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR JANUARY 2010 - DECEMBER 2010 Correction: Appendix A, page 1 (third paragraph and Table 1) incorrectly states that the current housing element period is as follows: January 1, 2003 through December 31, 2012* * Housing Element cycle extended from June 30, 2010 to Dec. 31, 2012 This should correctly read as: January 1, 2003 through Docombor 31. 2012 April 30. 2013* * Housing Element cycle extended from Juno 30, 2010 to Doc. 31, 2012 * Per Senate Bill 575, the next Housing Element update is due no later than 18 months after adoption of the Regional Transportation Plan (RTP). According to SANDAG. the RTP is currently anticipated to be adopted in October 2011. Also attached is an underline/strikethrough of Appendix A, page 1 showing the how the changes should appear in the document. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 760-602-8560 fax ANNUAL HOUSING ELEMENT PROGRESS REPORT Appendix A - Description of terms and methods JANUARY 2010 THROUGH DECEMBER 2010 Regional Housing Needs - The determination of housing need for Carlsbad and all other jurisdictions in California is derived from the Regional Housing Needs Assessment (RHNA) prepared by the local regional councils of government (SANDAG) before the beginning of each housing cycle. Based upon these assessments of need, the local jurisdictions are required to adopt housing objectives in the housing elements of their general plans. A regional assessment of housing need is an estimate of the total need for new housing construction throughout the region due to population growth forecasted to occur during a specific time period. The overall housing need is then broken out by four income groups: very low, low, moderate, and above-moderate (or upper-income) - all as defined by the federal Department of Housing and Urban Development (HUD), and the state Department of Housing and Community Development (HCD). The regional housing needs are then allocated to the local jurisdictions on a "regional share" basis, according to models and formulas designed by the SANDAG. Table 1 shows Carlsbad's share of the current RHNA and is based upon housing growth estimated by the State and SANDAG to occur in Carlsbad during the period January 1, 2003 through DocomborSI, 2012 April 30. 2013. Table 1: Carlsbad's Share of the RHNA January 1, 2003 through December 31, 2012 April 30. 2013* Income Group Definition** (%ofAMI***) New Construction Needs (in housing units) Very Low Low Moderate Above-Moderate Totals -—Housing Element cycle 50% or under 51 - 80 % 81 -120% Over 120% 1,922 1,460 1,583 3,411 8,376 extended from June 30, 2010 to Dec. 31, 2012* Per Senate Bill 575. the next Housing Element update is due no later than 18 months after adoption of the Regional Transportation Plan (RTF). According to SANDAG. the RTP is currently anticipated to be adopted in October 2011. ** Definitions are from HUD, via the California Department of Housing and Community Development. ***AMI is the Area Median Income. The 2010 AMI for San Diego-Carlsbad-San Marcos MSA for a