HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57491
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PLANNING COMMISSION RESOLUTION NO. 5749
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF AN ENVIRONMENTAL IMPACT
HOLLY SPRINGS DEVELOPMENT PROPOSALS,
RECOMMENDING ADOPTION OF THE CANDIDATE
FINDINGS OF FACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND A MITIGATION MONITORING
AND REPORTING PROGRAM ON PROPERTY GENERALLY
LOCATED NORTH OF EL CAMINO REAL AND EAST OF
MENT ZONE 15.
CASE NAME: CANTARINVHOLLY SPRINGS JOINT EIR
REPORT, EIR 02-02, FOR THE CANTARINI RANCH AND
COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGE-
CASE NO.: EIR 02-02
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as Filepage
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,
1965 as Filepage No. 210231 of Official Records. Also
including portions of Lot “D” and “E” of said Map No. 823,
described in a Grant Deed recorded September 7,1995, as Doc.
# 1995-00100176 of Official Records. Also including a portion
of Lot “B” of said Map No. 823, described in a Grant Deed
recorded September 7,1995, as Doc. # 1995-0398027 of Official
Records
(“the Property”); and
WHEREAS, an Environmental Impact Report (EIR 02-02) was prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on the 20th day of October, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the EIR, Findings, Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all factors
relating to the EIR.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
That the foregoing recitations are true and correct.
That the Final Environmental Impact Report consists of the Final
Environmental Impact Report, EIR 02-02, dated October 20, 2004,
appendices, written comments and responses to comments, as amended to
include the comments and documents of those testifying at the public hearing and
responses thereto hereby found to be in good faith and reason by incorporating a
copy of the minutes of said public hearing into the report, all on file in the
Planning Department incorporated by this reference, and collectively
referred to as the “Report.”
That the Environmental Impact Report EIR 02-02, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS CERTIFICATION of the Environmental
Impact Report, EIR 02-02; RECOMMENDS ADOPTION of the Candidate
Findings of Fact (“CEQA Findings”), and the Statement of Overriding
Considerations (“Statement”), attached hereto marked as Exhibit “EIR-A”
and incorporated by this reference; and of the Mitigation Monitoring and
Reporting Program (“Program”), attached hereto marked as Exhibit “EIR-
B” and incorporated by this reference; based on the following findings and
subject to the following conditions.
1. The Planning Commission of the City of Carlsbad does hereby find that the Final EIR
02-02, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting
Program, and the Statement of Overriding Considerations have been prepared in
accordance with requirements of the California Environmental Quality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
PC RES0 NO. 5749 -2-
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2.
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7.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered Final EIR 02-02, the environmental impacts therein identified for this
project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the
Statement of Overriding Considerations attached hereto as Exhibit “EIR-A,” and the
Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit
“EIR-B,” prior to RECOMMENDING APPROVAL of this project.
The Planning Commission finds that Final EIR 02-02 reflects the independent
judgment of the City of Carlsbad Planning Commission.
The Planning Commission does accept as its own, incorporate as if set forth in full
herein, and make each and every one of the findings contained in the CEQA Findings
(Exhibit “EIR-A”), including feasibility of mitigation measures pursuant to Public
Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project
alternatives.
The Planning Commission hereby finds that the Program (Exhibit “EIR-B”) is
designed to ensure that during project implementation the Developer and any other
responsible parties implement the project components and comply with the feasible
mitigation measures identified in the CEQA Findings and the Program.
Although certain significant or potentially significant environmental effects caused by the
project will remain, even after the adoption of all feasible mitigation measures and any
feasible alternatives, there are specific economic, social and other considerations that
render the unavoidable significant adverse environmental effects acceptable, as set forth
in the Statement.
The Record of Proceedings for this project consists of the Report, CEQA Findings,
Statement and Program; all reports, applications, memoranda, maps, letters and
other planning documents prepared by the planning consultant, the project
Applicant, the environmental consultant, and the City of Carlsbad that are before
the decision makers as determined by the City Clerk; all documents submitted by
members of the public and public agencies in connection with the EIR; minutes of
all public meetings and public hearings; and matters of common knowledge to the
City of Carlsbad which they may consider, including but not limited to, the
Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities
Management Plan which may be found at 1200 Carlsbad Village Drive in the custody
of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of
Planning.
Conditions:
1. The Developer shall implement the mitigation measures described in Exhibit “EIR-
B,” the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to development of the Cantarini Ranch and
the Holly Springs development proposals.
...
PC RES0 NO. 5749 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
H. WHITTON, Chairperson'
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5749 -4-
EXHIBIT “EIR-A”
CITY OF CARLSBAD RESOLUTION
NO. 5749
CALIFORNIA ENVIRONMENTAL QUALITY ACT
-
FINDINGS OF FACT
(PUBLIC RESOURCES CODE 521081 CEQA GUIDELINES 315091)
and
STATEMENT OF OVERRIDING CONSIDERATIONS
(CEQA GUIDELINES 515093)
for the
FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02-02)
CANTARINIEIOLLY SPRINGS DEVELOPMENTS
(SCH NO. 2002101081)
CEQA Findings of Fact And Statements of Overriding Considerations 1 10/13/2004
Cantarini/Holly Springs Developments
1 .O Introduction
The Final Environmental Impact Report (hereafter “Final EIR’ or “FEIR”) has been prepared
pursuant to the California Environmental Quality Act (CEQA) to address the potential environmental
effects of the Cantarini and Holly Springs developments and associated actions (hereafter “Proposed
Projects”) and considered by the City of Carlsbad (City) in connection with its public consideration
of requested approvals for the proposed project. The full scope of the proposed project and associated
approvals are more detailed in Section 1.3 below. The Cantarini Tentative Map (Cantarini) proposes
development of 105-single-family units and 80 multiple family units on approximately 156.72 acres.
One lot would be developed with 80 multiple-family units on 6.2 1 acres. Grading for residential and
roadway uses would be completed on 96.58 acres of the site. Within the Cantarini project, a total of
59.1 acres would be placed under a conservation easement as permanent open space. The Holly
Springs Tentative Map (Holly Springs) would create 43 single-family residential lots on 0.5-acre lots
over approximately 39.83 acres of the 119.85-acre property. Within the Holly Springs project area
approximately 60.72 acres would be placed under a conservation easement as permanent open space.
The FEIR also analyzed the environmental effects of a range of project alternatives as well. The
FEIR and its separately bound technical appendices are incorporated herein by reference as though
fully set forth.
1 .1 PURPOSE OF CEQA FINDINGS: TERMINOLOGY
CEQA Findings play an important role in the consideration of projects for which an EIR is prepared.
Under Public Resources Code (PRC) $2 108 1 and Guidelines for California Environmental Quality
Act (CEQA Guidelines) $ 15091, where an FEIR identifies one or more significant environmental
effects, a project may not be approved until the public agency makes written findings supported by
substantial evidence in the administrative record as each of the significant effects. In turn, the three
possible findings specified in CEQA Guidelines 6 15091 (a) are:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR. In turn,
CEQA Guidelines $15092(b) provides that no agency shall approve a project for
which an EIR was prepared unless either:
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
2 IO/] 3/2W
(1) The project as approved will not have a significant effect on the
environment, or
(2) The agency has:
(a) Eliminated or substantially lessened all significant effects where feasible
as shown in the fmdings under $ 15091, and
(b) has determined that any remaining significant effects on the
environment found to be unavoidable under $15091 are acceptable due to
overriding concerns as described in $ 15093.
Based on the foregoing, the CEQA Guidelines do not provide a bright distinction between the
meaning of “avoid” or “substantially lessen”. The applicable CEQA Guidelines are based on PRC
921081, which uses the phrase “mitigate or avoid”, and hence it is generally considered that to
“avoid” is to include changes or alterations that result in the significant effect being reduced to below
a level of significance. In contrast, the phrase “substantially lessen” is used to describe changes or
alterations that materially reduce the significant effect, but not below a level of significance, thus,
while mitigated, the effect remains significant. These Findings will distinguish, for the purposes of
clarity, between effects that have been “avoided” (thereby reduced below a level of significance) and
those that have been “substantially lessened” (and thus remain significant.)
In combination with the mitigation and monitoring program discussed immediately below, the
following Findings and Statement of Overriding Considerations are binding obligations of the
Proposed Projects to implement all required mitigation measures.
1.2 PURPOSE AND LEGAL AUTHORITIES
The California Environmental Quality act (hereafter “CEQA”) was adopted in 1970 and is codified
in PRC $21000 et.seq. CEQA is an important environmental law applicable to most public agency
decisions to carry out, authorize, or approve projects that could have adverse effects on the
environment. CEQA does not directly regulate project implementation or approvals through
substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform
themselves about the potential environmental effects of a proposed project, carehlly consider all
pertinent environmental information effects of a proposed project, carefklly consider all pertinent
environmental information before they act, provide the public an opportunity to review and comment
on any environmental issues, and include conditions or other requirements to avoid or reduce
potential significant adverse effects of the project or action when feasible.
The City has codified environmental protection procedures implementing CEQA and the State
administrative guidelines issued pursuant to CEQA in the Carlsbad Municipal Code, chapter 19.04.
Chapter 19.04 provides for the protection and enhancement of the environment by establishing
principles, objectives, criteria, definitions and procedures for evaluation of both public and private
projects, implementing CEQA and the CEQA Guidelines and providing for the preparation and
evaluation of environmental documents in accordance therewith. The City’s consideration of
Findings of Fact and a Statement of Ovemding Considerations are key steps in the process of
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
3 loll 312004
~
considering the approval of the Proposed Projects while concurrently protecting and enhancing the
environment. The applicable standards and scope of the city’s responsibilities are detailed in the
following excerpts from the state CEQA guidelines (California Code of Regulations, Title 14,
Chapter 3, 6 15000 et. seq.; hereafter “Guidelines $15000”).
CEQA Guidelines 15040. Authority Provided By CEQA.
(a) CEQA is intended to be used in conjunction with discretionary powers granted to
public agencies by other laws.
(b) CEQA does not grant an agency new powers independent of the powers granted
to the agency by other laws.
(c) Where another law grants an agency discretionary powers, CEQA supplements
those discretionary powers by authorizing the agency to use the discretionary powers
to mitigate or avoid significant effects on the environment when it is feasible to do so
with respect to projects subject to the powers of the agency. Prior to January 1, 1983,
CEQA provided implied authority for an agency to use its discretionary powers to
mitigate or avoid significant effects on the environment. Effective January 1, 1983,
CEQA provides express authority to do so.
(d) The exercise of the discretionary powers may take forms that had not been
expected before the enactment of CEQA, but the exercise must be within the scope of
the power.
(e) The exercise of discretionary powers for environmental protection shall be
consistent with express or implied limitations provided by other laws.
CEQA Guidelines $15041. Authority To Mitigate.
Within the limitations described in 0 15040,
(a) A lead agency for a project has authority to require feasible changes in any or all
activities involved in the project in order to substantially lessen or avoid significant
effects on the environment, consistent with applicable constitutional requirements
such as the “nexus” and “rough proportionality” standards established by case law
(1987)(NoElan v. California Coastal Commission 483 US. 825; Dolan v. City of
Tigard, (1994) 512 U.S. 374; Ehrlich v. City of Culver City, (1996) 12 Cal. 4fh 854.).
(b) When a public agency acts as a responsible agency for a project, the agency shall
have more limited authority than a lead agency. The responsible agency may require
changes in a project to lessen or avoid only the effects, either direct or indirect, of that
part of the project which the agency will be called on to cany out or approve.
CEQA Findings of Fact
And Statements of Overriding Considerations 4 10/13/2004
Cantarini/Holly Springs Developments
(c) With respect to a project which includes housing development, a lead or
responsible agency shall not reduce the proposed number of housing units as a
mitigation measure or alternative to lessen a particular significant effect on the
environment if that agency determines that there is another feasible, specific
mitigation measure or alternative that would provide a comparable lessening of the
significant effect.
CEQA Guidelines 915042. Authority To Disapprove Projects.
A public agency may disapprove a project if necessary in order to avoid one or more
significant effects on the environment that would occur if the project were approved
as proposed. A lead agency has broader authority to disapprove a project than does a
responsible agency. A responsible agency may refuse to approve a project in order to
avoid direct or indirect environmental effects of that part of the project that the
responsible agency would be called on to carry out or approve. For example, an air
quality management district acting as a responsible agency would not have authority
to disapprove a project for water pollution effects that were unrelated to the air
quality aspects of the project regulated by the district.
CEQA Guidelines 915043. Authority To Approve Projects Despite Significant Effects.
A public agency may approve a project even though the project would cause a
significant effect on the environment if the agency makes a hlly informed and
publicly disclosed decision that:
(a) There is no feasible way to lessen or avoid the significant effect (see 9 15091); and
(b) Specifically identified expected benefits from the project outweigh the policy of
reducing or avoiding significant environmental impacts of the project. (See 5 15093.)
CEQA Guidelines 815090. Certification Of the Final EIR.
(a) Prior to approving a project the lead agency shall certify that:
(1) The Final EIR has been completed in compliance with CEQA;
(2) The Final EIR was presented to the decision-making body of the lead agency And
that the decision-making body reviewed and considered the information Contained in
the Final EIR prior to approving the project; and
(3) The Final EIR reflects the lead agency’s independent judgment and analysis.
(b) When an EIR is certified by a non-elected decision-making body within a local
CEQA Findings of Fact
And Statements of Overriding Considerations 5 IO/] 3/2W
Cantarini/Holly Springs Developments
lead agency, that certification may be appealed to the local lead agency’s elected
decision-making body, if one exists. For example, certification of an EIR for a
tentative subdivision map by a city’s planning commission may be appealed to the
city council. Each local lead agency shall provide for such appeals.
CEQA Guidelines $15091. Findings.
The purpose of this resolution is to adopt the findings required by this CEQA
Guidelines section and the underlying California PRC $20 18 1.
(a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each
finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the Final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can and should be adopted by such other
agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
(b) The findings required by subsection in the (a) shall be supported by substantial
evidence record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the
finding has concurrent jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall
describe the specific reasons for rejecting identified mitigation measures and project
alternatives.
(d) When making the findings required in subsection (a)(l), the agency shall also
adopt a program for reporting on or monitoring the changes, which it has either
required in the project or made a condition of approval to avoid or substantially
lessen significant environmental effects. These measures must be hlly enforceable
through permit conditions, agreements, or other measures.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
6 10/13/2004
(e) The public agency shall specify the location and custodian of the documents or
other materials, which constitute the record of the proceedings upon which its
decision is based.
(f) A statement made pursuant to $ 15093 does not substitute for the findings required
by this section.
CEQA Guidelines 515364. Feasible Findings Of Facts
Feasible means capable of being accomplished in a successful manner within a
reasonable period of time taking into consideration economic, environmental, legal,
social and technological factors. Feasibility must also be considered in the context of
alternatives, which obtain most of the basic objections of the project, but would avoid
and substantially lessen any significant effects of the project. See CEQA Guidelines
$15126.6(a).
CEQA Guidelines 515092. Approval.
(a) After considering the final EIR and in conjunction with making findings under
$15091, the lead agency may decide whether or how to approve or carry out the
project.
(b) A public agency shall not decide to approve a project for which an EIR was
prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or
(2) The agency has:
(a) Eliminated or substantially lessened all significant effects on the environment
where feasible as shown in findings under fj 1509 1, and
(b) Determined that any remaining significant effects on the environment found to be
unavoidable under $15091 are acceptable due to overriding concerns as described in
$15093.
(c) With respect to a project which includes housing development, the public agency
shall not reduce the proposed number of housing units as a mitigation measure is if it
determines that there is another feasible mitigation measure available that will
provide a comparable level of mitigation.
CEQA Findings of Fact
And Statements of Overriding Considerations 7 1011 312904
Cantarini/Holly Springs Developments
1.3 ENVIRONMENTAL IMPACT REPORT PROCESS
In accordance with CEQA, the Guidelines and chapter 19.04 of the Carlsbad Municipal Code, the
City considered an Initial Study for the Proposed Projects. Based on the Initial Study, the City
concluded that the Proposed Projects could have a significant impact on the environment and that
preparation of an EIR was necessary and issued its Notice of Preparation (“NOP”) on October 23,
2002. The NOP was distributed to all responsible and trustee agencies, as well as other agencies and
members of the public. A number of written responses were received, and the City held a public
scoping meeting in order to increase opportunities for public input. The scoping session took place
on October 23, 2002 at the Faraday Community Development Building. At the scoping session, the
public was invited to comment on the scope and content of the EIR. Comments were received at the
scoping session and considered in both verbal and written form. A detailed “EIR 02-02’’
CantarinYHolly Springs EIR scope of work letter” dated June 20, 2002 establishing the details of the
EIR requirements was developed by the City. A copy of the Initial Study, NOP, and the written
comments received in response to the NOP and public scoping session are included in Appendix A to
the Final EIR. The City “scope of work” letter, after consideration of the Initial Study, scoping
session comments and other comments on response to the NOP, identified the need and instructed the
draft EIR to analyze the potential for environmental impacts associated with the following
substantive potential impact areas in the Environmental Impact Analysis:
Section: Agricultural Resources
Air Quality
Archaeological and Paleontological Resources
Biological Resources
Geology/Soils
Hazards and Hazardous Materials
Land Use Compatibility
Noise
Population/Housing
Public Services and Utilities
TransportatiodCirculation
Visual AestheticdGrading
Hydrology/Water Quality
Additionally, the Draft EIR was directed to include other CEQA substantive sections including
executive summary, project description, cumulative effects, effects found not to be significant,
growth inducing effects and alternatives.
The Draft EIR for the Cantarini/Holly Springs Development was circulated for public review for a
period of 45 days, which started on June 12,2003 and ended on July 28,2003. At the request of the
U.S. Fish and Wildlife Service, the review period was extended an additional two weeks through
August 12,2003. The Draft EIR was distributed to a variety of public agencies and individuals.
CEQA Findings ofFad
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
8 1011 312004
Following circulation of the Draft EIR for Cantariniklolly Springs Development (June 2003), the
applicant made modifications to the project design based on comments received during public review
of the Draft EIR and in response to comments from local, state, and federal responsible agencies.
These modifications resulted in the need for revisions to the project impact analysis and mitigation
measures presented in the previously circulated Draft EIR. Due to the proposed revisions, portions
of the Draft EIR were recirculated for public review in accordance with 6 15088.5(a) of the California
Environmental Quality Act (CEQA) Guidelines which states that: “A lead agency is required to
recirculate an EIR when significant new information is added to the EIR after public notice is given
of the availability of the draji EIR for public review under $15087 but before certification.” In this
instance, the new information was considered significant because “A substantial increase in the
severity of an environmental impact would result unless mitigation measures are adopted that reduce
any impact to a level of insigni9cance.” [CEQA Guidelines, 8 15088.5(a)(2)]
Based on their review of the potential impacts that could occur as a result of the project design
modifications, the City determined that the Land Use, Biological Resources, and HydrologyrWater
Quality sections of the Draft EIR required recirculation. The City also determined that the project
modifications did not necessitate significant changes to the analysis, significance conclusions, or
mitigation measures in the other sections of the Draft EIR. Therefore, in accordance with §5088.5(c)
of the CEQA Guidelines, which states: “lfthe revision is limited to a few chapters orportions of the
EIR, the lead agency need only recirculate the chapters or portions that have been modified, ” the
recirculated Draft EIR included the three sections affected by the modifications. To accommodate
public review of the recirculated EIR sections, a revised project description was also included.
The Recirculated Draft Environmental Impact Report (Recirculated Draft EIR) for the
CantarinYHolly Springs Development was circulated for public review for a period of 45 days, which
started on June 23, 2004 and ended on July 19, 2004. At the request of the USFWS, the review
period was extended to July 23, 2004. The Recirculated Draft EIR was distributed to a variety of
public agencies and individuals.
The City invited comments on the recirculated sections of the Draft EIR included in the Errata only.
In accordance with §15088S(f)(2)(ii) of the CEQA Guidelines: “The lead agency need only respond
to...(#) comments received during the recirculation period that relate to the chapters or portions of
the earlier EIR that were revised and recirculated.” Therefore, the City did not consider or respond
to comments regarding chapters not submitted for recirculation. Also, although the comments
received on the previously circulated Draft EIR are part of the administrative record, the City was not
required to respond to past comments received on the sections analyzed in the recirculated Draft EIR.
Any previous comments on the recirculated sections were reevaluated to address the new information
and were submitted in accordance with CEQA Guidelines, §15088.5(f)( 1): “the previous comments
do not require a written response in thefinal EIR, and new comments must be submitted for the
revised EIR. ” The City has considered, and responded to, the comments regarding the unaltered
sections of the Draft EIR previously circulated. Responses to comments received on the unaltered
sections of the previously circulated Draft EIR, and those received on the section included in the
Errata, are included in the Final EIR.
CEQA Findings of Fact
And Statements of Overriding Considerations 9 10/13/2004
Cantarini/Holly Springs Developments
1.4 PROIECT DESCRIPTION
The project entails the development of two residential subdivisions adjacent to one another on
approximately 276.57 acres in the northeastern quadrant of the City.
Cantarini -Cantarhi proposes development of 105-single-family units and 80 multiple family units
on approximately 156.72 acres. One lot would be developed with 80 multiple family units on 6.21
acres. Grading for residential and roadway uses would be completed on 96.58 acres of the site.
Within the Cantarini project, a total of 59.1 acres would be placed under a conservation easement as
permanent open space and a total of 1 .OO acres would consist within two remainder parcels.
Holly Springs - Holly Springs proposes development of 43 single-family residential lots on 119.85
acres. A total of 43 single-family residences would be developed on 0.5-acre lots over approximately
39.83 acres of the 119.85-acre property. Within the Holly Springs project, a total of 60.72 acres
would be placed under a conservation easement as permanent open space and a total of 19.30 acres
would consist of a remainder parcel.
1.5 DISCRETIONARY ACTIONS
The following discretionary actions would be required in order to implement the proposed project.
General Plan Amendment - A General Plan Amendment (GPA) for the City of Carlsbad General
Plan is required in order to reflect a transfer of density to the affordable housing site, to define the
single-family residential areas, and to designate open space areas for conservation in accordance with
the draft HMP. A GPA is proposed on the remainder parcel to Open Space-Category 1. A Category
1 open space designation would limit the uses on the remainder parcel to open space for preservation
of natural resources.
Zone Change - Cantarini will require a Zone Change from Limited Control
(L-C) and Residential Agriculture (R-A- 10,000) to One-Family ,Residential, 0.5 acre minimum lots
(R- 1 -0.5-Q) for the single-family residential areas; Residential Density-multiple
(RD-M-Q) for the multifamily site; and Open Space (OS). Holly Springs will require a Zone Change
from L-C to R-1-0.5-Q and OS to reflect the new boundaries of residential development and open
space. The underlying zoning on the remainder parcel would also be changed to OS.
Local Facilities Management Plan (LFMP) Amendment for Zone 15 - Pursuant to the
requirements of the City of Carlsbad’s Growth Management Program, Title 21, Chapter 21.90 of the
Municipal Code, an amendment to LFMP Zone 15 is being proposed in conjunction with the
development proposal. The amended LFMP will describe all public facilities requirements and set
forth the timing of installation and financing for all public facilities within LFMP Zone 15. This
amendment will take into consideration the added presence of single-family and multifamily
residential development on the site and will redefine the public facilities requirements, timing of
installation, and terms of financing for all public facilities within the zone.
CEQA Findings of Fact
And Statements of Overriding Considerations 10 10/13/20O4
Cantarini/Holly Springs Developments
Tentative Maps - Separate Tentative Maps are proposed for the Cantarini and Holly Springs
projects. See detailed discussions of both Tentative Maps under Sections 2.2.1 and 2.2.2 of this
chapter.
Adjustment Plat/Boundary Adjustment - This application includes a three-way boundary
adjustment that will facilitate the exchange of (a) Cantarini land west of College Boulevard for
Rancho Carlsbad Partners land east of College Boulevard, and (b) Cantarini land north of “C” Street
for Holly Springs Ltd. Land south of “Cy’ Street and the multifamily site.
Site Development Plan - Pursuant to the requirements of $21.53.120 of the Carlsbad Municipal
Code, a Site Development Plan is required to review the proposed multifamily affordable housing
project. Review of the multifamily site will be included with the Cantarini development proposal.
Hillside Development Permits - Proposed grading within the project area must be conducted in
conformance with the City of Carlsbad’s Hillside Development Ordinance.
Floodplain Special Use Permits - A Floodplain Special Use Permit is required prior to the
commencement of construction or development within any area of special flood hazards, flood-
related erosion hazards or mudslide hazards, as established in $21.1 10.070 of the City of Carlsbad
Municipal Code. A Floodplain Special Use Permit will be required for proposed encroachments in
the floodplain where College Boulevard crosses Agua Hedionda Creek.
The projects may also require the action of State of California or United States agencies. Such
actions include, but are not limited to, the granting of U.S. Army Corps of Engineers Section 404
Permits and California Department of Fish and Game (CDFG) Section 1600 and 1603 Permits, and
U.S. Fish and Wildlife Service (USFWS) Section 7 Consultation and Regional Water Quality Control
Board (RWQCB) 40 1 Certification.
1.6 ENVlRONMENTAL SETTING
The Cantarini and Holly Springs subdivision project sites consist of approximately 276.57 acres
located in the northeast quadrant of the City of Carlsbad. Carlsbad is a coastal community in the
northwestern comer of San Diego County, lying approximately 35 miles north of downtown San
Diego and approximately 90 miles south of downtown Los Angeles.
The two proposed development sites are irregularly shaped parcels that lie adjacent to one another,
with Holly Springs bordering Cantarini to the north. The sites lie within the Peninsular Ranges
geomorphic province of southern California. Their general location is north of El Camino Real, east
of Tamarack Avenue, west of the City of Oceanside, and south of undeveloped land belonging to the
State and various private landowners.
The two project sites are located within the City’s LFMP Zone 15. A majority of the property is
located within the Sunny Creek Specific Plan Area, which was adopted in 1985 by the City Council
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
11 1011 312004
as part of the Carlsbad General Plan. Both sites contain areas of native, undisturbed vegetation and
have been partly included in Proposed Hardline Preserve Areas within Zone 15 as defined in the
HMP for Natural Communities in the City of Carlsbad. McClellan-Palomar Airport is located
approximately 1.1 miles southwest of the Cantarini site, but both project sites lie outside this
facility’s influence area.
Cantarini - The Cantarini project site is totals approximately 156.72 acres in area. The site is
bordered to the east by a large parcel of private, undeveloped property owned by the Mandana
Company. Bordering the Cantarini site to the west is the future alignment of College Boulevard,
across from which lies property of the Rancho Carlsbad Partners. Rancho Carlsbad Estates Mobile
Home Park is located further west of the project site, along with an eighteen-hole golf come
associated with this park. Parcels of private land owned by Lubliner, Barlow, and VIXA Investments
are located to the south of the Cantarini site. Much of the land on the adjacent properties is being
used or has recently been used for agricultural purposes. Agua Hedionda Creek traverses land to the
south of the Cantarini site in a westerly direction before emptying into Agua Hedionda Lagoon,
which has been designated as state preserve land by the CDFG.
The topography of the Cantarini project site is characterized by steep hillsides and ravines in the
northeastern and northwestern portions of the site, and gently sloping hills and valleys in the central
and southern portions of the site. The overall trend of the slope is from north to south, with drainages
generally emptying into Agua Hedionda Creek. Much of the western portion of the Cantarini project
site has been disturbed and is being used for agriculture. The eastern portion of the project site
possesses a mixture of agricultural lands and native habitat. Three small canyons contained in the
eastern portion of the property converge at a small pond that is sited toward the center of the southern
portion of the site. An earthen, evidently man-made dam contains the pond. Man-made structures on
the property include a single-family residence and several buildings associated with the site’s
farming activities. Farm equipment is also visible throughout the site.
Holly Springs - The Holly Springs site totals approximately 1 19.85 acres in area. Bordering the Holly
Springs site to the north are undeveloped parcels of land belonging to the State of California, Carlsbad
Unified School District (CUSD), and Carlsbad Homeowners Association (HOA). The future planned
alignment of Cannon Road will dissect these adjacent parcels and will lie approximately 500 feet to the
north of the Holly Springs site. Bordering the Holly Springs site to the west is undeveloped CUSD
property, Rancho Carlsbad HOA property, and the Rancho Carlsbad Estates Mobile Home Park’s RV
storage area and garden area. Leisure Village Ocean Hills, a single-family residential subdivision of
the City of Oceanside, is located to the east of the site.
The topography of the Holly Springs project site is characterized by rolling hills, ridges, and natural
drainages that trend in an overall westerly direction. Prominent granite outcroppings are visible
throughout the site. Three natural springs exist on site; one in the south-central portion, one in the
portion, and one in the northwest portion of the site. The on-site drainages and the groundwater
gradient generally trend in a southwesterly direction toward Agua Hedionda Creek, which traverses
land to the south of the site before eventually emptying into Agua Hedionda Lagoon.
CEQA Findings of Fact
And Statements of Overriding Considerations 12 1011 312004
Cantarini/Holly Springs Developments
For the most part, the Holly Springs site is undisturbed and covered by native vegetation. A small
piece of land in the southwestern portion of the property is being used for agriculture. Several man-
made structures and vehicles associated with the agricultural land are evident in the southcentral
portion of the site, as well as a minimal amount of debris. Additionally, an earthen dam and dirt road
have been constructed to span a ravine near the northwestern portion of the property.
1.7 MITIGATION MONITORING PROGRAM
Pursuant to PRC $21081.6, the City has adopted the Mitigation Monitoring and Reporting Program
for the Cantarini/Holly Springs Developments (MMRP). A copy of the MMRP, is included as
Attachment B to this Resolution and incorporated herein by this reference. The MMRP is designed
to assure that all mitigation measures presented in the EIR and hereafter disclosed are properly
implemented in a timely manner as the projects progress through their development, construction,
and operational phases. Compliance with the MMRP is a condition of any City approvals regarding
the Proposed Projects.
1.8 RECORD OF PROCEEDINGS
For all purposes of CEQA compliance, including these Findings of Fact and Statement of Overriding
Considerations, the administrative record of all City proceedings and decisions regarding the
environmental analysis of the Proposed Projects shall include the following:
0 The Draft EIR, Recirculated Draft EIR, and Final EIR for the Proposed Projects, together
with all appendices and technical reports referred to therein, whether separately bound or
not;
All reports, letters, applications, memoranda, maps, or other planning and engineering
documents prepared by the City, planning consultant, environmental consultant, project
applicant, or others presented to or before the decision-makers as determined by the City
Clerk;
All letters, reports, or other documents submitted to the City by members of the public or
public agencies in connection with the City’s environmental analysis on the Proposed
Projects;
All minutes of any public workshops, meetings, or hearings, including the scoping
sessions, and any recorded or verbatim transcriptshideotapes thereof;
Any letters, reports, or other documents or other evidence submitted into the record at
any public workshops, meeting, or hearings; and
Matters of common general knowledge to the City that they may consider, including
applicable State or local laws, ordinances, and policies, the General Plan and all
applicable planning programs and policies of the City.
0
0
0
0
0
The custodian of the full administrative record shall be the City Clerk’s Office, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
13 1011 3/2004
2.0 Findings of Significant Impacts, Required
Mitigation Measures, and Supporting Facts
As identified in the Draft EIR, the Recirculated Draft EIR, and the Final EIR, the Cantarini project
would result in significant environmental impacts with respect to Land Use Compatibility, Biological
Resources, Air Quality, Noise, Hydrology/Water Quality, Geology/Soils, Hazards and Hazardous
Materials, and Archeological and Paleontological Resources; and the Holly Springs project would
result in significant environmental impacts with respect to Biological Resources, Air Quality,
Hydrology/Water Quality, Geology/Soils, Hazards and Hazardous Materials, and Archeological and
Paleontological Resources.
2.1 LAND USE COMPATIBILITY
Cantarini
2.1.1 Consistency with Habitat Management Plan
Impact - The projects both include a revision of the Habitat Management Plan (HMP)
hardline preserve area boundaries. If only the Cantarini tentative map and the associated
open space dedication were implemented, and the Holly Springs development was not
implemented as proposed, revisions to the approved hardline preserve areas on the Cantarini
project site would result in a net decrease of 1.86 acres from the approved hardline preserve
area. The net decrease would be considered a significant inconsistency with the habitat
preservation goals of the draft HMP.
Finding - Pursuant to CEQA Guidelines 8 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance.
Mitigation Measure LU-C-1: To ensure that the overall hardline preserve area is consistent
with that anticipated by the draft HMP, the Cantarini project will be conditioned that if the
Holly Springs project is not implemented as proposed an additional 1.86 acres must be
dedicated as open space as a part of the Cantarini tentative map. The 1.86 acres must be of
equal or better quality to the vegetation communities involved in the net habitat preserve area
loss within the habitat preserve area on the Holly Springs project site, which consists of
southern mixed chaparral (-0.19 acre), non-native grassland (-2.18 acres), freshwater marsh (-
0.44 acre), southern willow scrub (-0.43 acre), and coastal sage scrub (-0.91 acre). As an
option to dedication of open space on the Holly Springs site 1.86 acres of habitat of equal or
better quality to the vegetation communities involved in the net loss for the Cantarini project
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
lot1 3t2004 14
could be preserved offsite or additional restoration of those habitat types could occur on the
Cantarini site.
Factual Support and Rationale - Mitigation Measure LU-C-1 will ensure that the open
space preservation objectives of the City's Draft HMP are implemented and will reduce the
impact to the draft HMP hardline preserve are to a level less than significant. The Draft
Habitat Management Plan (draft HMP) for Natural Communities was approved by the City of
Carlsbad in 1999 with the intent of providing a ". . . comprehensive, citywide, program to
identify how the City, in cooperation with federal and state wildlife agencies, can preserve
the diversity of habitat and protect sensitive biological resources within the City while
allowing for additional development consistent with the General Plan and Growth
Management Plan. In so doing, the Plan is intended to lead to citywide permits and
authorization for the incidental take of sensitive species in conjunction with private
development projects, public projects, and other activities which are consistent with the
Plan." As a part of the planning process for the draft HMP, a citywide interconnected open
space preserve system was identified. During development of the draft HMP, representatives
for the Cantarini and Holly Springs properties submitted site designs showing anticipated
open space and urban development areas on the site to the City. The site designs were
incorporated into the draft HMP in 1999. Portions of both the Cantarini and the Holly Springs
sites are identified as approved hardline preserve areas in the draft HMP. Both projects must
be implemented as proposed to ensure that all of the open space anticipated in the approved
hardline areas is preserved as anticipated in the HMP. If the Holly Springs project does not
provide dedication of the open space preserve area currently proposed, the Cantarini project
will be required to provide an additional 1.86 acres of open space preserve to be incorporated
into the HMP so there will be no net decrease from the draft HMP hardline preserve area.
Specific acreages and habitat types as set forth in Mitigation Measure LU-C-1 will ensure
that the biological habitat preservation requirements of the draft HMP for the Cantarini
project are met.
'
2.2 BIOLOGICAL RESOURCES
Cantarini
2.2.1 Direct Impacts to Upland Habitat Considered Significant Under CEQA
Impact - Diegan coastal sage scrub, including disturbed Diegan coastal sage scrub and
native grassland, are sensitive natural communities under CEQA. Impacts to these habitat
types would be considered significant and require mitigation.
Finding - Pursuant to CEQA Guidelines $1509l(a)(l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
CEQA Findings of Fact
And Statements of Overriding Considerations 15 10/13/2004
Cantarini/Holly Springs Developments
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-C-1: Impacts to 5.90 acres of Diegan coastal sage scrub,
including disturbed Diegan coastal sage scrub, will be mitigated at a 2:1 ratio by the on-site
preservation of 5.64 acres as open space, and the conversion of 6.16 acres of non-native
grassland to coastal sage scrub. Impacts to 1.54 acres of native grassland will be mitigated at
a ratio of 3:l through the on-site preservation of 0.07 acre of native grassland and the
conversion of 4.55 acres of non-native grassland to native grassland.
Factual Support and Rationale - Mitigation Measure BIO-C- 1 will reduce the significant
direct impact to upland habitat to a less than significant level. Mitigation ratios set forth in
Mitigation Measure BIO-C-1 are in accordance with the habitat mitigation requirements of
the City draft HMP. The mitigation ratios required by the HMP are also generally accepted
by the USFWS, which is the federal agency responsible for implementing the Endangered
Species Act and determining if mitigation for habitat or vegetation communities impacted by
development ensures the sustainability of endangered wildlife species. (In the event that the
draft HMP is not adopted, the project applicant will be required to obtain an incidental take
permit directly from the Wildlife Agencies, which will require mitigation as determined by
such Wildlife Agencies.) Additionally, the Proposed Project will also preserve 58.93 acres of
natural open space containing sensitive upland habitat in accordance with the draft HMP
which identified the specific areas on the Cantarini site to be preserved as natural open
space.
2.2.2 Direct Impacts to Wetland Habitat
Impact - All wetland habitats are considered sensitive under CEQA. Impacts to freshwater
marsh, southern willow scrub, mule fat scrub, and southern coast live oak riparian forest
would be considered significant and would require mitigation.
Finding - Pursuant to CEQA Guidelines 0 1509 1 (a)( I), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-C-2: Impacts to wetland communities, including freshwater
marsh, southern willow scrub and southern coast live oak riparian forest will be mitigated at a
3: 1 ratio or the final mitigation ratios determined during state and federal permit negotiations,
whichever are greater. The impacts shall result in no net loss of wetlands as provided in the
draft HMP. Impacts to 0.55 acre of freshwater marsh shall be mitigated by the on-site
creation of 1.65 *acres of freshwater marsh as open space. Impacts to 0.54 acre of
southern willow scrub shall be mitigated by the on-site creation of 1.62 %acres of
southern willow scrub as open space. Impacts to 0.43 acre of southern coast live oak riparian
forest shall be mitigated by the on-site creation of 1.292;23.acres of southern coast live oak
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
16 10/19/2004
riparian forest as open space. Impacts to 0.05 acre of mule fat scrub shall be mitigated by the
onsite creation of 0.15 acre of mule fat scrub. Mitigation should include on-site creation of
habitat at a 1 : 1 ratio. The remaining mitigation should be accomdished through additional
on-site creation or enhancement of degraded habitat. If suitable on-site areas are not
available, off site acquisition or payment into a mitigation bank may be accepted as an
alternative.
Factual Support and Rationale - Mitigation Measure BIO-C-2 will reduce direct impacts to
wetland habitat to a level less than significant. Direct impacts to wetlands (as used herein,
wetlands shall be inclusive of both USACE and the CDFG wetlands areas) are limited
primarily to roadway crossings and grading for residential units in the southern portion of the
site. Development of these areas was generally anticipated by the City draft HMP which
identified hardline preserve areas for the Cantarini project. Due to the configuration of the
wetlands onsite a roadway crossing of wetlands is necessary and was anticipated by the draft
HMP to provide access for development planned along the southeastern border of the site.
All impacts to wetlands onsite, would be mitigated in accordance with measures acceptable
to the USACE and CDFG and measures required in the draft HMP to ensure a no-net loss of
wetlands. The applicant will be required to obtain the necessary permits from the USACE,
CDFG, and RWQCB for the proposed wetland impacts prior to initiating any grading on the
site. The proposed wetland mitigation program identified in the FEIR and the Conceptual
Mitigation and Monitoring Program developed by the applicant also require wetland creation
and enhancement within the drainage areas that will be impacted by project development in
accordance with mitigation ratios required by the draft HMP unless greater mitigation ratios
are imposed by the state and federal wetland regulation programs.
2.2.3 Direct Impacts to Other Upland Habitat Considered Sensitive Under the Draft
HMP
Impact - Impacts to non-native grassland and southern mixed chaparral are considered
significant by the City of Carlsbad and would require mitigation.
Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-C-3: Impacts to 0.19 acre of southern mixed chaparral will be
mitigated at a ratio of 1:l through the on-site preservation of 0.59 acre of southern mixed
chaparral as open space. Impacts to 3 1.57 acres of non-native grassland will be mitigated at a
ratio of 0.5:l through the on-site preservation of 17.78 acres of non-native grassland and
conversion of at least 10.71 acres to other native communities. Due to conversion of 10.71
acres to other native communities, mitigation will also include payment of an in-lieu
mitigation fee as determined by the City of Carlsbad.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
17 10/19/2004
Factual Support and Rationale - Mitigation Measure BIO-C-3 will reduce direct impacts to
specified upland habitat to a less than significant level. Mitigation ratios and in-lieu
mitigation fees required for the project in Mitigation Measure BIO-C-3 are in accordance
with the habitat mitigation requirements of the City draft HMP. If the draft HMP is not
approved mitigation for non-native grassland and southern mixed chaparral will still be
required. The Proposed Project also proposes preservation of 58.93 acres of natural open
space containing sensitive upland habitat in accordance with the draft HMP which
identified the specific areas on the Cantarini site to be preserved as natural open space.
2.2.4 Direct impacts to Agricultural Lands
Impact - Impacts to agricultural lands are considered significant by the City of Carlsbad and
would require mitigation.
Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-C-4: Impacts to 66.45 acres of agricultural lands will be mitigated
through the payment of an in-lieu mitigation fee as determined by the City of Carlsbad City
Council.
Factual Support and Rationale - The City draft HMP requires mitigation for loss of
agricultural lands which provide some benefits to wildlife. The City has adopted an in-lieu
mitigation fee consistent with Section E.6 of the draft HMP and City Council Resolution No.
2000-223 to fhd mitigation for certain categories of vegetation and animal species impacted
by the loss of agricultural lands. The fee becomes effective following final approval of the
HMP. Payment of such fee by the project applicant will reduce direct impacts to agricultural
lands to a less than significant level.
2.2.5 Direct Impacts to Jurisdictional Wetlands and Non-wetland Waters
Impact - Impacts to jurisdictional wetlands, non-wetland waters of the U.S., and drainage
channels are considered significant by both USACE and CDFG and would require
mitigation.
Finding - Pursuant to CEQA Guidelines $ 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
18 lot1 3t2004
Mitigation Measure BIO-C-5: Impacts to wetland plant communities, as defined by
USACE and CDFG, must be mitigated at a ratio of 3: 1. Accordingly, a total of 4.71 acres of
wetland habitat shall be created andor enhanced to mitigate impacts to wetlands as follows:, a
minimum of 1.57 acres shall be created and the remaining 3.14 acres may consist of created,
revegetated, or enhanced degraded wetlands. Impacts to non-wetland jurisdictional waters of
the U.S. shall be mitigated at a ratio of 1 : 1. Accordingly, impacts to 1.28 acres of USACE
non-wetland waters/ CDFG streambed CDFG isolated non-wetland waters due to the
Cantarini project shall be mitigated by the creation of 1.28 acres of wetland habitat within the
Cantarini property. Because the project will impact to USACE jurisdictional wetlands and
non-wetland jurisdictional waters of the U.S. and CDFG jurisdictional wetlands, the project
applicant will be required to obtain (i) a 404 permit from USACE, (ii) a 401 Water Quality
Certificate, or waiver thereof, from the RWQCB and (iii) a Streambed Alteration Agreement
from CDFG. Given the extent of impacts to wetlands and non-wetland jurisdictional waters
of the U.S., an individual permit will need to be obtained from USACE.
Factual Support and Rationale - Direct impacts to wetlands (as used herein, wetlands shall
be inclusive of both USACE and the California Department CDFG jurisdictional wetlands
areas) are limited primarily to roadway crossings and grading for residential units in the
southern portion of the site. Development of these areas was generally anticipated by the
City’s draft HMP which identified hardline preserve areas for the Cantarini project. Due to
the configuration of the wetlands onsite a roadway crossing of wetlands is necessary and was
anticipated by the draft HMP to provide access for development planned along the
southeastern border of the site. All impacts to wetlands on site will be mitigated in
accordance with measures acceptable to the USACE and CDFG and measures required in the
draft HMP to ensure a no net loss of wetlands. The applicant will also be required to obtain
the necessary permits from the USACE, CDFG and Regional Water Quality Control Board
(RWQCB) for the proposed wetland impacts prior to initiating any grading on the site.
Furthermore, the proposed wetland mitigation program identified in the FEIR and the
Conceptual Mitigation and Monitoring Program developed by the applicant requires wetland
creation and enhancement within the drainage channels in areas that will be impacted by
project development.
2.2.6 Impacts to Wildlife Species
Impact - Impacts to the coastal California gnatcatcher, a federally and state listed and
Multiple Habitat Conservation Plan (MHCP) target species, could occur during removal of
Diegan coastal sage scrub. These impacts would be significant and require mitigation.
Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
CEQA Findings of Fact
And Statements of Overriding Considerations 19 IO/] 3/2W
Cantarini/Holly Springs Developments
Mitigation Measure BIO-C-6: See Mitigation measure BIO-C- 1 for mitigation of upland
habitat impacts, which address the coastal sage scrub and other upland habitat mitigation.
Impacts to active coastal California gnatcatcher nests can be avoided by removing the Diegan
coastal sage scrub within the project area outside of the breeding season (February 15 to
August 30). Biologists will monitor all vegetation removal to ensure no direct impacts to
individual birds. If work will occur during the breeding season, a pre-construction clearance
survey will be conducted by a qualified biologist to ensure that no nests are located in or
within a 200-foot buffer around the proposed footprint. If the draft HMP is not approved,
these impacts will require either a federal Endangered Species Act Section lO(a)(l)(A) or
Section 7 approval from the federal regulatory agencies. Temporary fencing shall be required
in all locations of the project where proposed grading or clearing is within 100 feet of
proposed biological open space. Fencing shall be placed on the impact side and shall result
in no vegetation loss within open space. All temporary fencing shall be removed only after
the conclusion of all grading, clearing and construction.
Factual Support and Rationale - Mitigation Measure BIO-C-6 will reduce impacts to the
California gnatcatcher to a level less than significant. Mitigation required for the project
construction is required in accordance with the draft HMP. The mitigation measure requires
that removal of coastal sage scrub during the breeding season for the California gnatcatcher
be avoided and that appropriate temporary fencing be provided between project construction
and biological open space. These measures have proven effective in avoiding potential
indirect and direct impacts to sensitive wildlife species during construction of a project. In
the event that the HMP is not approved by the USFWS the applicant will be required to
obtain clearance in accordance with the Endangered Species Act for any impacts to habitat
occupied by a species under the jurisdiction of the USFWS. Any additional mitigation
required by the USFWS for impacts to habitat during construction would be identified as a
part of the subsequent permitting process under the Endangered Species Act.
2.2.7 Impacts to Raptor Species During Construction
Impact - If trees containing active raptor nests are removed during the breeding season
(March-September), impacts may occur. These impacts would be considered significant
under the CDFG code and the Migratory Bird Treaty Act (MBTA).
Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-C-7: To avoid potential impacts to nesting raptors, trees will be
removed between September and January, outside of the breeding season of local raptor
species. If trees will be removed during the breeding season, a qualified biologist will
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
20 I0/13/2004
conduct a raptor nest survey prior to any removals to determine if raptor nests are present. If
an active raptor nest is discovered, a buffer (typically 500 feet) will be established around the
tree and work postponed within that area until the young are independent of the nest site.
Factual Support and Rationale - Mitigation required for the project construction is
required in accordance with the draft HMP. The measure requires either avoidance of tree
removal during the raptor breeding season or monitoring of construction to ensure that trees
containing occupied nests are not disturbed. These measures have proven effective in
avoiding potential indirect and direct impacts to sensitive wildlife species during construction
of a project.
Holly Springs
2.2.8 Direct Impacts to Upland Habitat Considered Sensitive Under CEQA
Impact - Diegan coastal sage scrub and native grassland are sensitive natural communities
under CEQA. Impacts to these habitat types would be considered significant and require
mitigation.
Finding - Pursuant to CEQA Guidelines 0 15091(a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-1: As discussed in Section 2.0, Project Description, it is the
understanding of the applicant for Holly Springs that in accordance with a 1999 agreement
with the CDFG additional mitigation for impacts to sensitive biological resources would not
be required provided that future development of Holly Springs is consistent with the draft
HMP hardlines. If it is determined in the hture that mitigation is required, impacts to 26.22
acres of Diegan coastal sage scrub will be mitigated by the on-site preservation of 43.70 acres
of coastal sage scrub and either off-site acquisition, off-site habitat creation, or purchase of
mitigation bank credits for 8.74 acres of coastal sage scrub. Impacts to 4.07 acres of native
grassland will be mitigated through the on-site preservation of 4.25 acres of native grassland
and off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for
7.96 acres.
If required, an option for mitigation of impacts associated with hture development of Lots
49-52 of the Holly Springs is restoration of coastal sage scrub and native grassland habitat on
the Cantarini site. If such off-site restoration is chosen as the mitigation option, then a
portion of the restoration necessary to address impacts of Lots 49-52 will be accomplished on
the Cantarini site prior to development of the lots. Mitigation requirements for the future lots
CEQA Findings of Fact
And Statements of Overriding Considerations 21 IO/] 312004
Cantarini/Holly Springs Developments
will be satisfied when the necessary restoration is completed on the Cantarini site and the
area adjacent to the lots is revegetated with native species.
Factual Support and Rationale - Mitigation Measure BIO-HS-1 will reduce the significant
direct impact to upland habitat to a less than significant level. Mitigation ratios required for
the project in the mitigation measure are in accordance with the habitat mitigation
requirements of the City draft HMP. The mitigation ratios required by the HMP are also
generally accepted by the USFWS, which is the federal agency responsible for implementing
the Endangered Species Act and determining if mitigation for habitat or vegetation
communities impacted by development ensures the sustainability of endangered wildlife
species. (In the event the draft HMP is not adopted, the project applicant will be required to
obtain an incidental take permit directly from the Wildlife Agencies.) Additionally, the
Proposed Project will preserve 59.56 acres of natural open space containing sensitive
upland habitat in accordance with the draft HMP which identified the specific areas on
the Holly Springs site to be preserved as natural open space.
2.2.9 Direct Impacts to Upland Habitat if the HMP is Approved
Impact - Impacts to Diegan coastal sage scrub and native grassland are considered
significant by the City of Carlsbad and would require mitigation in the event the draft HMP is
approved.
Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-2: Impacts to 26.22 acres of Diegan coastal sage scrub will be
mitigated by the on-site preservation of 43.70 acres of coastal sage scrub and off-site
acquisition, off-site habitat creation, or purchase of mitigation bank credits for 8.74 acres.
Impacts to 4.07 acres of native grassland will be mitigated through the on-site preservation of
4.25 acres of native grassland and off-site acquisition, off-site habitat creation, or purchase of
mitigation bank credits for 7.96 acres. Because the Holly Springs property has been included
in the draft HMP as a proposed hardline preserve, no additional mitigation for impacts to
these habitats is required in the event that the draft HMP is approved.
Factual Support and Rationale - Mitigation Measure BIO-HS-2 will reduce the significant
impact to upland habitat to a less than significant level. Mitigation ratios required in
Mitigation Measure BIO-HS-2 are in accordance with the habitat mitigation requirements of
the City draft HMP. As discussed in Section 2.0, Project Description of the FEIR, it is the
understanding of the applicant for Holly Springs that, in accordance with a 1999 agreement
with the CDFG, additional mitigation for impacts to sensitive biological resources would not
CEQA Findings of Fact
Cantarini/Holly Springs Developments
1011 3/2004 And Statements of Overriding Considerations 22
be required provided that fiture development of Holly Springs is consistent with the draft
HMP hardlines.
2.2.10 Direct Impacts to Other Upland Habitat Considered Sensitive Under the draft
HMP
Impact - Impacts to non-native grassland are considered significant by the City of Carlsbad
and would require mitigation.
Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-3: Impacts to 3.27 acres of non-native grassland will be
mitigated through the on-site preservation of 0.74 acre of non-native grassland and payment
of an in-lieu fee for the remaining 0.90-acre as determined by the City of Carlsbad City
Council.
Factual Support and Rationale - Mitigation Measure BIO-HS-3 will reduce the impacts to
other specified upland habitat to a less than significant level. Mitigation ratios and in-lieu
mitigation fees required by this mitigation measure are in accordance with the habitat
mitigation requirements of the City draft HMP. Additionally, the Proposed Project will
preserve 59.56 acres of natural open space containing sensitive upland habitat in
accordance with the draft HMP which identified the specific areas on the Holly Springs
site to be preserved as natural open space.
2.2.11 Direct impacts to Agricultural Lands
Impact - Impacts to agricultural lands are considered significant by the City of Carlsbad and
would require mitigation in the event the draft HMP is approved.
Finding - Pursuant to CEQA Guidelines $ 15091(a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-4: Impacts to 1.06 acres of agricultural lands will be
mitigated through the preservation or conversion of 3.23 acres to native vegetation once the
current agricultural practices are abandoned and the four lots in the final phase (Phase VI)
lots are developed.
CEQA Findings oJFact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
1011 3/2004 23
Factual Support and Rationale - The Holly Springs project provides for continued
agricultural operations on a portion of the site following development of the proposed
residential uses. The draft HMP provides that once agricultural operations on the site are
abandoned a 3.23-acre portion of these agricultural lands will be converted to native habitat
and a portion would be developed with residential uses. Mitigation Measure BIO-HS-4 is
consistent with the draft HMP and thus mitigates the impact to agricultural lands to a level
less than significant.
2.2.12 Direct Impacts to Sensitive Plant Species
Impact - Impacts to coastal sage scrub that supports California adolphia, a CNPS List 2
species, would be considered significant and would require mitigation.
Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-5: Impacts to California adolphia will be mitigated by the on-
site preservation of 3.10 acres of Diegan coastal sage scrub containing this species.
Factual Support and Rationale - The Proposed Project will preserve 59.56 acres of natural
open space containing sensitive upland habitat in accordance with the draft HMP which
identified the specific areas on the Holly Springs site to be preserved as natural open space.
A 3.10-acre portion of the open space to be preserved onsite contains California adolphia.
Considering that the draft HMP provides for preservation of a Citywide interconnected open
space preserve system for sensitive biological resources and that 58.24 acres consisting of
native habitat and small areas of disturbed and agricultural lands will be preserved as
permanent open space in accordance with the draft HMP, impacts to sensitive plants in
association with Holly Springs property, including the California adolphia, are considered to
be mitigated to below a level of significance as preservation and management of this area
protects the identified populations.
2.2.13 Impacts to Wildlife Species
Impact - Impacts to the coastal California gnatcatcher, a federally and state listed and
MHCP target species, could occur during removal of coastal sage scrub. These impacts
would be significant and require mitigation.
Finding - Pursuant to CEQA Guidelines $ 15091 (a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
24 10/13/20O4
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure BIO-HS-6: See Mitigation measure BIO-HS- 1 and BIO-HS-2 for
mitigation of upland habitat impacts, which address the coastal sage scrub, and other upland
habitat mitigation. Impacts to active coastal California gnatcatcher nests will be avoided by
removing the Diegan coastal sage scrub within the project area outside of the breeding season
(February 15 to August 30). Biologists will monitor all vegetation removal to ensure no
direct impacts to individual birds. If work will occur during the breeding season, a pre-
construction clearance survey will be conducted by a qualified biologist to ensure that no
nests are located in or within a 200-foot buffer around the proposed footprint. If the draft
HMP is not approved, these impacts will require either a federal Endangered Species Act
Section lO(a)( 1)(A) or Section 7 approval from the federal regulatory agencies. Temporary
fencing shall be required in all locations of the project where proposed grading or clearing is
within 100 feet of proposed biological open space. Fencing shall be placed on the impact
side and shall result in no vegetation loss within open space. All temporary fencing shall be
removed only after the conclusion of all grading, clearing and construction.
Factual Support and Rationale - Mitigation Measure BIO-HS-6 will reduce impacts to the
California gnatcatcher to a level less than significant. Mitigation required for the project
construction is required in accordance with the draft HMP. The mitigation measure requires
that removal of coastal sage scrub during the breeding season for the California gnatcatcher
be avoided and that appropriate temporary fencing be provided between project construction
and biological open space. These measures have proven effective in avoiding potential
indirect and direct impacts to sensitive wildlife species during construction of a project. In
the event that the HMP is not approved by the USFWS the applicant will be required to
obtain clearance in accordance with the Endangered Species Act for any impacts to habitat
occupied by a species under the jurisdiction of the USFWS. Any additional mitigation
required by the USFWS for impacts to habitat during construction would be identified as a
part of the subsequent permitting process under the Endangered Species Act.
2.2.14 Impacts to Raptor Species During Construction
Impact - If trees containing active raptor nests are removed during the breeding season
(March - September), impacts may occur. These impacts would be considered significant
under the CDFG code and the MBTA.
Finding - Pursuant to CEQA Guidelines 0 15091(a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
IO/] 312004 25
Mitigation Measure BIO-HS-7: To avoid potential impacts to nesting raptors, it is
recommended that trees should be removed between September and January, outside of the
breeding season of local raptor species. If trees will be removed during the breeding season,
a qualified biologist will conduct a raptor nest survey prior to any removals to determine if
raptor nests are present. If an active raptor nest is discovered, a buffer (typically 500 feet)
will be established around the tree and work postponed within that area until the young are
independent of the nest site.
'
Factual Support and Rationale - Mitigation required for the project construction is
required in accordance with the draft HMP. The measure requires either avoidance of tree
removal during the raptor breeding season or monitoring of construction to ensure that trees
containing occupied nests are not disturbed. These measures have proven effective in
avoiding potential indirect and direct impacts to sensitive wildlife species during construction
of a project.
CantarinilHolly Springs
2.2.15 Indirect Impacts to Sensitive Biological Resources Within Proposed Open Space
Impact - Significant indirect impacts to sensitive biological resources within proposed open
space areas could result from activities associated with future adjacent urban uses. In
accordance with the draft HMP, an agreement is required between the City and the applicant
to maintain proposed open space areas and provide for an effective monitoring program to
avoid significant impacts to sensitive biological resources.
Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been
required in or incorporated into the Cantarini and Holly Springs projects that would avoid or
substantially lessen the significant environmental effect as identified in the EIR.
Implementation of the following mitigation measure will reduce the identified significant
impact to below a level of significance:
Mitigation Measure BIO-C/HS-1: Long-term Maintenance Annuity. In order to provide
for the cost of the long-term maintenance and biological monitoring program for the preserve
a long-term management program will be defined and hnded. The property owner/on-site
environmental manager will initially propose a scope of work for the long-term management
program. The scope of work will then be subject to review by the City and Wildlife
Agencies. Based upon the scope of work and associated costs agreed to by the developer or
their successors and the City, a fbnding mechanism for the long-term maintenance can be an
annuity or other mechanism agreed to by the developer and the City. The long-term
maintenance program will be a separate agreement between the City and an appropriate
conservation or open space management entity. The specific measures listed below will be
implemented as a part of the Long-Term Management Program to address issues associated
with: 1) Approval of the Conceptual Mitigation Monitoring Plan; 2) Funding Mechanisms; 3)
CEQA Findings of Fact
And Statements of Overriding Considerations
CantaridHolly Springs Developments
26 10/13/2004
Trails Criteria; 4) Open Space Management and Maintenance; and 5) Contractor Education
Program.
1. Approval of Conceptual Mitigation and Monitoring Plan by City and Wildlife
Agencies
a. The draft Conceptual Mitigation and Monitoring Plan will be subject to
approval by the City and Wildlife Agencies.
b. Final plant pallets for all open space habitat restoration efforts and
landscaping within graded and revegetated areas adjacent to the open
space preserve areas shall be reviewed and approved by the USFWS and
the City to ensure that exotic invasive plants are not included in the plant
palette.
2. Funding Mechanisms
a. Funds are to be committed and the approved Mitigation and Monitoring
Plan are to be submitted prior to issuance of the take permit.
b. The following measures shall be requirements of the long-term
management program and incorporated into the agreements for long-term
maintenance between the Developer, the City and the Open Space
Management Entity:
1. The fbnding mechanism utilized will be an appropriate hding
mechanism for long-term maintenance of open space such as a
non-wasting endowment.
2. The long-term management program scope of work and ultimate
plan shall be reviewed and approved by the appropriate local,
state and federal agencies.
3. The long-term management plan and fbnding mechanism shall be
implemented prior to or concurrently with the initiation of
construction.
3. Trails Criteria
a. All existing dirt trails not proposed for use shall be closed and revegetated
b. All proposed trails near sensitive species such as occupied gnatcatcher
habitat will be will be closed during the breeding season (February
CEQA Findings of Fact
Cantarini/Holly Springs Developments
1 0/13/2004 And Statements of Overriding Considerations 21
C.
d.
e.
f.
g.
h.
1.
j.
through August) in the vicinity of any known nests to avoid harassment
and nest abandonment. Closure of the trails will be the responsibility of
the conservation or open space management entity. Seasonal surveys will
be completed to determine presence/absence of nests in the vicinity of
trails. If occupied nests are encountered, signage or other appropriate
measures will be used to indicate closure of the trails.
All proposed trails shall be well demarcated with clearly marked access
areas, including trailhead markers wherever a trail connects to a sidewalk,
and have signs discouraging off trail access and use.
Horses will only be allowed on trails approved for horse use and clearly
signed for that use.
Monitoring will be initiated for cowbirds with trapping if they are found
within the draft HMP hardline areas.
Horse use will be restricted during the rainy season and posted December
through March.
The management and monitoring plan will address issues of horse use,
including such items as: limits on maximum number of horse trips per
week, regular manure removal and trail maintenance; enforcement of no
staging areas or trailering to site; trail surface materials to provide some
filtering; and compaction.
Equestrian use trails located upslope from any wetlands will include earth
berms on the upslope creek side to reduce the ability for run-off to reach
either vegetation or the wetlands.
Wetland features will be fenced to prevent access by horses. Sufficient
buffers between equestrian trails and wetland features will be required to
prevent direct runoff from horse urine or manure from reaching such
wetlands.
There will be no crossing of wetland features other than those adjacent to
roads for which conspan crossings of such features are proposed.
CEQA Findings of Fact And Statements of Overriding Considerations 28 1011 3/2004
Cantarini/Holly Springs Developments
4. Open Space Management and Maintenance
a. Stream and pond monitoring for water quality will be conducted through
the San Diego stream team or other such means to assure that if there is
polluted run-off adaptive management action will be taken.
b. Cleared vegetation, topsoil and duff from grading areas within Holly
Springs and Cantarini shall be deposited in HMP open space areas as
appropriate to provide erosion control, develop native vegetation, provide
weed control and provide native plant propagules, nutrients and fbngal
mycorhizae.
c. As a condition of the tentative maps for Cantarini and Holly Springs,
deed restrictions will be placed on all lots bordering protected open space
prohibiting direct access and use of any invasive plants.
d. All residents will be provided informational materials addressing what
they can do to minimize the edge effects on the open space including
control of pets, rodent control, bird feeding, trash containers, and use of
designated trails.
e. Artificial night lighting associated with streets and homes in the proposed
project shall be shielded and directed away from the open space.
Residents shall be given information regarding the potential negative
effects of indirect lighting on animals within the preserved open space.
f. No grading, permanent encroachment or revegetation efforts shall extend
into the existing SDG&E easement located along the eastern border of
Lot 47 on Holly Springs.
5. Contractor Education Program
a. A contractor education program shall be developed as part of the scope of
work for the management plan, to ensure that contractors, involved in
development of the project during construction or revegetation efforts,
educate project personnel regarding avoiding impacts to biological
resources on site. The education program shall include the following
elements:
1. Personnel shall be aware of threats to biological resources
associated with project implementation including trampling,
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
29 IO/] 312004
soil disturbance, attraction of predators due to trash, nuisance
water, and chemical pollutants.
2. All equipment storage and staging areas should be placed as
far from conserved habitat as possible and must be within the
project footprint.
Factual Support and Rationale - Mitigation Measure BIO-C/HS- 1 will reduce the
significant indirect impact urban uses will have on adjacent sensitive biological resources
within the proposed open spaces to a level less than significant. Approximately 1 18.49 acres
or (43 percent) of the Proposed Projects combined area consists of Open Space. Open Space
(Cantarini - 58.93 acres/Holly Springs -59.56 acres) is proposed in accordance with the draft
HMP. Development areas for the Proposed Projects are located in areas anticipated for
development by the draft HMP. The draft HMP anticipated the potential for indirect impacts
or edge effects from locating development adjacent to open space areas and included the
requirement that any project applicant prepare a long-term management program designed to
address long-term management and monitoring of biological open space as required by this
Mitigation Measure. The draft HMP requires that specific measures be implemented as a
part of the Long-Term Management Program to address issues associated with: 1) Approval
of the Conceptual Mitigation Monitoring Plan; 2) Funding Mechanisms; 3) Trails Criteria; 4)
Open Space Management and Maintenance; and 5) Contractor Education Program. In
accordance with the draR HMP, Mitigation Measure BIO-C/HS-1 addresses each of these
elements and sets forth a plan to ensure that sensitive biological resources in open space areas
are preserved and protected from impacts of nearby construction, residential, recreational,
and other associated urban uses.
2.3 AIRQUALITY
Cantarini
2.3.1 Generation of Particulate Matter
Impact - The air quality analysis identified that construction related PMlO and residential
fixed emissions of PMlO resulting from the Cantarini development would have potentially
significant effects to air quality.
Finding - Pursuant to CEQA Guidelines 3 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
CEQA Findings ofFact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
1011 312004 30
Mitigation Measure AQ-C-1: This section describes the mitigation measures that are
required to reduce air quality effects to below the level of significance for the Cantarini
project. All project construction activities are subject to the City of Carlsbad Grading
Ordinance and are required to implement BMP measures to reduce impacts from hgitive
dust and construction related emission. The following mitigation measures should be
included as conditions of approval of grading permits and be the responsibility of the
applicant or contractor:
Mitigation for Grading Area Particulates (PM10) Sources
Apply non-toxic soil stabilizers according to manufacturers’ specification to all
inactive construction areas (i.e., previously graded areas inactive for 10 days or
more).
In disturbed areas, replace ground cover as quickly as possible.
Enclose, cover, water twice daily, or apply non-toxic soil binders according to
manufactures’ specification to exposed piles (i.e., gravel, sand, and dirt) with 5
percent silt content.
Water active sites twice daily.
Suspend all excavating and grading operations when wind speeds exceed 25
miles per hour (mph).
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least 2 feet of freeboard @e., minimum vertical distance
between top of the load and the top of the trailer) in accordance with the
requirements of California Vehicle Code (CVC) Section 23 1 14.
Mitigation for Paved Construction Road Particulates (PMlO) Sources
Sweep streets at the end of the day if visible soil material is carried onto adjacent
public paved roads (recommended water sweepers with reclaimed water).
Install wheel washers where vehicles enter and exit unpaved roads onto paved
roads, or wash off trucks and any equipment leaving the site.
Mitigation for UnDaved Construction Road Particulates (PMlO) Sources
Apply water three times daily, non-toxic soil stabilizers according to
manufactures’ specification to all unpaved roads, and parking or staging areas.
CEQA Findings of Fact And Statements of Overriding Considerations 31 10/13/2004
Cantarini/Holly Springs Developments
Traffic speeds on all paved roads to be reduced to 15 mph or less.
Pave construction roads that have a traffic volume of more than 50 daily trips by
construction equipment or 150 total daily trips for all vehicles.
Pave all construction access roads at least 100 feet on to the site from the main
road.
Mitigation Recommended for Residential Fixed Particulates (PM10) Sources
The following mitigation measure shall be responsibility of the contractor and implemented
prior to inhabitance of any of the proposed units.
0 Install gas-burning devices “fireplaces” which would not be subject to New
Source Performance Standards particulate emission requirements.
Factual Support and Rationale - Mitigation Measure AQ-C-1 will reduce the impacts of
particulate matter to a level less than significant. The measures listed above (except for
residential fixed particulates) are standard requirements of the City grading ordinance that
have proven effective in mitigating air quality impacts associated with construction. With
regard to measures for residential fixed particulates, the use of gas rather than wood burning
fireplaces avoids the emissions associated with wood burning fireplaces and are accordingly
not subject to the NSPS. This mitigation is a measure identified in the air quality analysis
completed for the project. With implementation of this measure, the impact of the project
associated with potential use of wood burning fireplaces is considered mitigated to below a
level of significance.
Cantarini/Holly Springs
2.3.2 Regional Non-attainment Status for Ozone
Impact - Both of the proposed project sites are within a basin that has a non-attainment
status for 03 and the projects would contribute to the generation of this pollutant by
automobile emissions, thereby having a cumulatively significant air quality impact.
Finding - This impact is not avoided or substantially lessened by mitigation measures
included in the Final EIR. Pursuant to CEQA Guidelines 8 15093(b), the City has prepared a
statement of overriding considerations to address this impact. Such statement is included in
Chapter 5.0 below.
Factual Support and Rationale - The reliance on the automobile for the future household
primary mode of transportation, given the entire San Diego air basin’s non-attainment status,
makes the incremental contribution from the Proposed Project to air be significant. While the
CEQA Findings ofFact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
32 10/13/2004
air quality in the region has been improving, the overall resolution will need to wait for clean
burning, or less polluting, modes of transportation, and shifting the travel patterns from single
occupancy vehicles to carpooling, bus, bicycle and walking modes. This represents as much
cultural as well as facility shift, but cannot realistically be fully implemented with the
Proposed Projects. The Cantarini project includes a multi-family component that has
incorporated numerous pedestrian friendly principles such as trails and accessibility to mass
transit that reduce the reliance on the automobile. Both projects also incorporate bike lanes,
bus stops and a range of hiking and walking trails in addition to sidewalks. The proximity of
both projects to employment centers and recreation opportunities will also serve to reduce
overall driving distances as will the location of the multi-family housing near the
transportation and employment centers.
2.4 NOISE
Cantarini
2.4.1 On-Site Noise Reception from College Boulevard
Impact - The noise analysis concluded that lots 1-7, 14 (multiple family residential lot), 16-
23, and 38 will be exposed to exterior and/or interior noise levels, which would be generated
by traffic using the adjacent College Boulevard extension. The analysis determined that
implementation of the Cantarini project would not generate significant adverse noise levels.
Finding - Pursuant to CEQA Guidelines 5 15091(a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure N-C-1: To reduce the exterior and interior noise levels to below the
level of significance at the affected lots within Cantarini, the noise analysis recommends the
following mitigation measures: To reduce exterior noise levels to below the 60 dBA CNEL
threshold, on the Cantarini property, a noise barrier with a surface density of at least 3.5
pounds and of 5-6 feet in height shall be constructed at the top of slope of Lots 1-7, 16-23
and Lot 38. Prior to issuance of a grading permit the applicant shall indicate the location of
the noise barrier on the tentative map for review and approval by the City.
An interior acoustical analysis should be completed by the applicant or contractor prior to the
occupancy of the units on the effected lots, to evaluate the potential need for further
measures.
To reduce interior noise levels to below the 45-dBA CNEL threshold, the noise analysis shall
require the use of air-conditioning and/or mechanical ventilation and the installation of
CEQA Findings of Fact
And Statements of Overriding Considerations 33 IO/] 3/2004
Cantarini/Holly Springs Developments
sound-rated windows for Lots 1 -7, 14 (multiple family site), 16-23 and Lot number 38.
These measures shall be incorporated into the interior acoustical analysis and added to
proposed residential units, prior to the occupancy of the units.
Factual Support and Rationale -
significant noise impacts to the Cantarini project to a less than significant level. Construction
of a noise barrier to reduce exterior noise levels is required based on the acoustical analysis
conducted for the Cantarini project and has proved an effective way to reduce exterior noise
to acceptable levels. To ensure that the noise barrier is designed in accordance with the
requirements of the acoustical study, the final design of the noise barrier is subject to City
review and approval and will be developed and shown on the project plans prior to grading
for the project. The noise barrier will ensure that future homeowners will not experience
exterior noise levels in excess of 60 dBA as a result of future traffic on the extended College
Boulevard. Completion of the interior noise study and installation of air-conditioning andor
mechanical ventilation and the installation of sound-rated windows, as necessary, will also be
required to reduce interior noise to acceptable levels in accordance with the City of Carlsbad
Noise Guidelines Manual. All measures recommended by the interior noise study must be in
place prior to occupancy of the residential units. The interior noise mitigation measures will
ensure that future homeowners will not experience noise levels in excess of 45 dBA as a
result of future traffic on the extended College Boulevard.
Mitigation Measure N-C-1 will reduce potentially ,
2.5 HYDROLOGYNATER QUALITY
The FEIR did not identify any significant issues related to hydrology for either the Cantarini or Holly
Springs project. Less than significant impacts related to hydrology are discussed in Section 3.8 of
this document.
Cantarini
2.5.1 Pollution of Agua Hedionda Creek and Agua Hedionda Lagoon
Impact - The construction of the proposed Cantarini project would involve substantial
potential to generate runoff-containing pollutants including TDS and sediment. TDS and
sediment are the main pollutants identified by the CWA 2002 as problematic in the Agua
Hedionda Creek and Agua Hedionda Lagoon. Therefore, the construction of the proposed
project would have a significant adverse impact to water quality, in the short-term.
Finding - Pursuant to CEQA Guidelines 0 15091(a)(l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
CEQA Findings of Fact
And Statements of Overriding Considerations 34 10/13/2004
Cantarini/Holly Springs Developments
Mitigation Measure WQ-C-1: Prior to obtaining a grading permit, the Cantarini project
applicant shall obtain a General Permit under the state National Pollutant Discharge
Elimination System (NPDES) and a Municipal Storm Water Permit under the San Diego
NPDES. In connection with obtaining these permits, the applicant shall develop and submit a
final Storm Water Pollution Prevention Plan (SWPPP). A final SWPPP for the project will be
prepared and will identify BMPs described in the impact analysis and in the preliminary
SWPPP to satisfy the San Diego and state NPDES requirements. The SWPPP will provide
mitigation of construction and grading activities for the project to ensure that no short-term
significant adverse impacts to water quality occur. As a result no hrther mitigation measures
are required. BMPs must comply with local zoning building codes and other regulations and
all structural BMPs must be reviewed and approved by the City Engineer as part of the
permitting process for the Cantarini project.
Factual Support and Rationale - Mitigation Measure WQ-C-1 will reduce the significant
pollution impacts that will be caused during construction of the proposed Cantarini project to
a less than significant level. The requirement to prepare a SWPPP and specify BMPs to
guide construction activities has proven effective in avoiding water quality impacts
associated with construction and is a requirement of the City in compliance with an area-wide
Municipal Stormwater Permit. Under an area-wide Municipal Storm Water Permit,
municipalities are held responsible for everything in their storm water conveyance systems,
including construction runoff. Therefore, municipalities, which are the 19 incorporated cities
in San Diego County and the San Diego Unified Port District, are Co-permittees and must
authorize permits parallel to the RWQCB. The Municipal Storm Water Permit contains a
construction component to reduce pollutants in runoff from construction sites during all
phases of construction. The SWPPP will provide mitigation of all construction and grading
activities for the project, to ensure that no short-term significant adverse impacts to water
quality occur and will also include post-construction BMPs to ensure there are no long-term
water quality effects either. The BMPs associated with the SWPPP shall include components
such as pollution prevention (e.g., street sweeping, spill prevention), source control (e.g.,
wash down areas and containment facilities) and treatment control (e.g., detention basins
sediment traps, and control of erosion) to avoid potential construction impacts associated
with the project. The projects are also required by law to obtain a Clean Water Act Section
401 Water Quality Certification fiom the Regional Water Quality Control Board and must
meet all applicable water quality standards established under the Clean Water Act as imposed
on the local jurisdiction.
Holly Springs
2.5.2 Pollution of Agua Hedionda Creek and Agua Hedionda Lagoon
Impact - The preliminary SWPPP for the proposed Holly Springs project provides measures
to ensure that there would be no short-term impacts to water quality as a result of the project.
However, without a formal final SWPPP, construction and grading operations represent a
CEQA Findings ofFact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
35 1011 3/2004
short-term significant adverse impact to water quality as a result of the potential for such
operations to generate pollutants and in particular TDS and sediment, which are pollutants of
concern in Agua Hedionda Creek and Agua Hedionda Lagoon.
' Finding - Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been ,
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure WQ-HS-1: Prior to obtaining a grading permit, the Holly Springs
project applicant shall obtain a General Permit under the state National Pollutant Discharge
Elimination System (NPDES) and a Municipal Storm Water Permit under the San Diego
NPDES. In connection with obtaining these permits, the applicant shall develop and submit a
final Storm Water Pollution Prevention Plan (SWPPP). A final SWPPP for the project will be
prepared and will identify BMPs described in the impact analysis and in the preliminary
SWPPP to satisfy the San Diego and state NPDES requirements. The SWPPP will provide
mitigation of construction and grading activities for the project to ensure that no short-term
significant adverse impacts to water quality occur. As a result no further mitigation measures
are required. BMPs must comply with local zoning building codes and other regulations and
all structural BMPs must be reviewed and approved by the City Engineer as part of the
permitting process for the Holly Springs project.
Factual Support and Rationale - Mitigation Measure WQ-HS- 1 will reduce the significant
pollution impacts that will be caused during construction of the proposed Holly Springs
project to a less than significant level. The requirement to prepare a SWPPP and specifL
BMPs to guide construction activities has proven effective in avoiding water quality impacts
associated with construction and is a requirement of the City in compliance with an area-wide
Municipal Stormwater Permit. Under an area-wide Municipal Storm Water Permit,
municipalities are held responsible for everything in their storm water conveyance systems,
including construction runoff. Therefore, municipalities, which are the 19 incorporated cities
in San Diego County and the San Diego Unified Port District, are Co-permittees and must
authorize permits parallel to the RWQCB. The Municipal Storm Water Permit contains a
construction component to reduce pollutants in runoff from construction sites during all
phases of construction. The SWPPP will provide mitigation of all construction and grading
activities for the project to ensure that no short-term significant adverse impacts to water
quality occur. The associated BMPs shall include components such as dewatering, spill
prevention, and control of erosion and sedimentation to avoid potential construction related
water quality impacts, The project will also include post-construction BMPs, which have
been accepted as adequate measures for the treatment of water quality for residential
developments, and the storm water conveyance system which will collect and direct storm
water runoff to historic outfall sites or the detention facilities to be located on the Cantarini
property, to ensure that the Holly Springs project will have no long term significant adverse
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
10/13/2004 36
impacts to water quality. The projects are also required by law to obtain a Clean Water Act
Section 401 Water Quality Certification from the Regional Water Quality Control Board and
must meet all applicable water quality standards established under the Clean Water Act as
imposed on the local jurisdiction.
2.6 GEOLOGY/SOILS
Cantarini
2.6.1 Seismic Ground Motion and Ground Rupture
Impact - The potential for strong ground motion, and related ground rupture, resulting from
potential earthquake events occurring on nearby major faults is a significant geologic/soils
impact affecting the Cantarini development.
Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure GEO-C-1: Proposed design improvements shall consider the relatively
strong seismic accelerations associated with the projects locality (Seismic Zone 4, Uniform
Building Code) and conform to all City engineering and design standards and implement any
remediation recommendations contained in the project Soils/Geologic Report).
Factual Support and Rationale - Mitigation Measure GEO-C-1 will reduce the potential
geologic/soils impacts to a less than significant level. All development in the state is required
to conform with standard measures of the Uniform Building Code that have proven effective
in addressing potential seismic hazards. The mitigation measure will be a requirement of the
grading permit issued for the project and, therefore, must be implemented during project
grading and construction.
2.6.2 Compressible Soils
Impact - The compressible potential of the soils on the Cantarini site makes them unsuitable
for construction support and is a significant geologic/soils impact affecting the Cantarini
development.
Finding - Pursuant to CEQA Guidelines 9 15091(a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
37 IO/] 3/2W
mitigation measures will reduce the identified significant impact to below a level of
significance:
Mitigation Measures GEO-C-2 and GEO-C-4:
GEO-C-2: The existing undocumented fill soils, topsoil/collovium, and alluvium on the ,
Cantarini site are considered compressible and subject to settlement under load. These soils
shall be removed, moisture conditioned, and replaced as compacted fill in areas to receive
additional fill or improvements in a manner that conforms to all City engineering and design
standards and also implements any remediation recommendations contained in the project
Soils/Geologic Report.
'
GEO-C-4: If development is proposed in the area of the springs and pond on the eastern
portion of the site, special grading and drainage measures @e., subdrainage) may be
necessary to control surface and subsurface water, which measures shall conform to all City
engineering and design standards and implement any remediation recommendations
contained in the project Soils/Geologic Report. (Addresses significant effect GEO-C-2).
Factual Support and Rationale - Mitigation Measures GEO-C-2 and GEO-C-4 will reduce
the impact caused by compressible soils to a level of less than significant. The measures are
a requirement for project grading based on the analysis conducted as a part of the
geotechnical report prepared for the project. The mitigation measures will be a requirement
of the grading permit issued for the project and, therefore, must be implemented during
project grading and construction. This requirement is in addition to Uniform Building Code
and other structural, site preparation, and earthquake requirements contained in state or local
regulations.
2.6.3 Expansive Nature of Clay Soil
Impact - Clay units encountered on the Cantarini project site may have a moderate to high
expansion potential. This is considered to be a significant impact.
Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measures will reduce the identified significant impact to below a level of
significance:
Mitigation Measures GEO-C-3 and GEO-C-5:
GEO-C-3: Cut slopes, especially those constructed within the Santiago Formation and Point
Loma Formation, shall be observed and mapped during construction by an engineering
geologist. If potentially adverse conditions are encountered (i.e., out-of-slope bedding, clay
seams, fractures), mitigation measures recommended by the geotechnical consultant shall be
complied with. These measures may include construction of the slope(s) at a shallower slope
CEQA Findings of Fact
And Statements of Overriding Considerations 38 1011 3/2004
Cantarini/Holly Springs Developments
angle or construction of a drained stability fill buttress(es). All such mitigation measures
shall conform to all City engineering and design standards and implement any remediation
recommendations contained in the project Soils/Geologic Report.
GEO-C-5: Expansive clay soils on the site may be used as structural fill but shall not be
placed within 5 vertical feet of finish grade unless proposed foundations are designed for
expansive soils. Use of such expansive clay soils shall conform to all City engineering and
design standards and implement any remediation recommendations contained in the project
Soils/Geologic Report. (Addresses significant effect GEO-C-3 .)
Factual Support and Rationale - Mitigation Measures GEO-C-3 and GEO-C-5 will reduce
the significant impact caused by clay soil to a less than significant measure. The measure is a
requirement for project grading based on the analysis conducted as a part of the geotechnical
report prepared for the project. The mitigation measure will be a requirement of the grading
permit issued for the project and, therefore, must be implemented during project grading and
construction. This requirement is in addition to Uniform Building Code and other structural,
site preparation, and earthquake requirements contained in state or local regulations.
Holly Springs
2.6.4 Seismic Ground Motion and Ground Rupture
Impact - The potential for strong ground motion, and related ground rupture, resulting from
potential earthquake events occumng on nearby major faults is a significant geologic/soils
impact affecting the Holly Springs development.
Finding - Pursuant to CEQA Guidelines 0 15091 (a)( I), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure GEO-HS-1: Proposed design improvements that consider the
relatively strong seismic accelerations associated with the projects locality (Seismic Zone 4,
Uniform Building Code) and conform to all City engineering and design standards and
implement any remediation recommendations contained in the project Soils/Geologic Report.
Factual Support and Rationale - Mitigation Measure GEO-HS-1 will reduce the potential
geologic/soils impacts to a less than significant level. All development in the state is required
to conform with standard measures of the Uniform Building Code that have proven effective
in addressing potential seismic hazards. The mitigation measure will be a requirement of the
grading permit issued for the project and, therefore, must be implemented during project
grading and construction.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
39 10/13/2004
2.6.5 Compressible Soils
Impact - The compressible potential of the soils on the Holly Springs site makes them
unsuitable for construction support and is a significant geologic/soils impact affecting the
' Holly Springs development.
Finding - Pursuant to CEQA Guidelines 8 15091 (a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measures will reduce the identified significant impact to below a level
of significance.
Mitigation Measure GEO-HS-2 and GEO-HS-4:
GEO-HS-2: The existing undocumented fill soils, topsoil/collovium, and alluvium on the
Holly Springs site are considered compressible and subject to settlement under load. These
soils shall be removed, moisture conditioned, and replaced as compacted fill in areas to
receive additional fill or improvements in a manner that conforms to all City engineering and
design standards and also implements any remediation recommendations contained in the
project Soils/Geologic Report.
GEO-HS-4: If development is proposed in the area of the springs and pond on the eastern
portion of the site, special grading and drainage measures (i.e., subdrainage) may be
necessary to control surface and subsurface water, which measures shall conform to all City
engineering and design standards and implement any remediation recommendations
contained in the project Soils/Geologic Report. Such measures shall be included as a
condition of approval of the Holly Springs tentative map or grading plan, whichever comes
first. (Addresses significant effect GEO-HS-2.)
Factual Support and Rationale - Mitigation Measures GEO-HS-2 and GEO-HS-4 will
reduce the impact caused by compressible soils to a level of less than significant. The
measures are a requirement for project grading based on the analysis conducted as a part of
the geotechnical report prepared for the project. The mitigation measures will be a
requirement of the grading permit issued for the project and, therefore, must be implemented
during project grading and construction. This requirement is in addition to Uniform Building
Code and other structural, site preparation, and earthquake requirements contained in state or
local regulations.
2.6.6 Expansive Nature of Clay Soil
Impact - Clay units encountered on the Holly Springs project site may have a moderate to
high expansion potential. This is considered to be a significant impact.
CEQA Findings of Fact
And Statements of Overriding Considerations 40 1011 312004
Cantarini/Holly Springs Developments
Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measures will reduce the identified significant impact to below a level
of significance:
Mitigation Measure GEO-HS-3 and GEO-HS-5:
GEO-HS-3: Cut slopes, especially those constructed within the Santiago Formation and
Point Loma Formation, shall be observed and mapped during construction by an engineering
geologist. If potentially adverse conditions are encountered (i.e., out-of-slope bedding, clay
seams, fractures), mitigation measures recommended by the geotechnical consultant shall be
complied with. These measures may include construction of the slope(s) at a shallower slope
angle or construction of a drained stability fill buttress(es). All such mitigation measures
shall conform to all City engineering and design standards and implement any remediation
recommendations contained in the project Soils/Geologic Report.
GEO-HS-5: Expansive clay soils on the site may be used as structural fill but shall not be
placed within 5 vertical feet of finish grade unless proposed foundations are designed for
expansive soils. Use of such expansive clay soils shall conform to all City engineering and
design standards and implement any remediation recommendations contained in the project
Soils/Geologic Report. (Addresses significant effect GEO-HS-3.)
Factual Support and Rationale - Mitigation Measures GEO-HS-3 and GEO-HS-5 will
reduce the significant impact caused by clay soil to a less than significant measure. The
measure is a requirement for project grading based on the analysis conducted as a part of the
geotechnical report prepared for the project. The mitigation measure will be a requirement of
the grading permit issued for the project and, therefore, must be implemented during project
grading and construction. This requirement is in addition to Uniform Building Code and
other structural, site preparation, and earthquake requirements contained in state or local
regulations.
2.7 HAZARDS AND HAZARDOUS MATERIALS
Cantarini
2.7.1 On-Site Trashmebris
Impact - A minor amount of localized trash/debris has been observed on site on the
Cantarini site. Improper cleanup and disposal of this debris, especially any waste material
associated with the abandoned vehicle on the site, has the potential to harm the public and the
environment, which would represent a significant environmental impact.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
41 1011 3/20O4
Finding - Pursuant to CEQA Guidelines $15091 (a)( l), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
' significance:
Mitigation Measure HAZ-C-1: Prior to the commencement of grading on the Cantarini
site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in
accordance with current local, state, and federal disposal regulations. Any materials
containing petroleum residues encountered during property improvements should be
evaluated prior to removal and disposal following proper procedures. Any buried
traswdebris encountered should be evaluated by an experienced environmental consultant
prior to removal.
Factual Support and Rationale - Prior to the commencement of grading on the Cantarini
site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in
accordance with current local, state, and federal disposal regulations. Any required
additional measures identified during the cleanup will be implemented prior to grading to the
approval of the City Planning Director. Implementation of this Mitigation Measure HAZ-C-
1 prior to grading will ensure that all potentially hazardous materials are removed from the
site before development is in place.
Holly Springs
2.7.2 Agricultural Chemicals
Impact - Based upon the historical and ongoing use of the subject property for agricultural
purposes, there is a chance that persistent residue from the application of certain hazardous
chemicals could remain near the surface soil in portions of the site.
Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
HAZ-HS-1: Prior to the approval of any grading permit for the Holly Springs site within
agricultural production areas, a detailed agricultural chemical residue survey shall be
prepared in accordance with the City's Standard Agricultural Area Mitigation Condition. As
a part of the mitigation condition, the report shall be presented to the San Diego County
Department of Environmental Health Site Assessment Voluntary Assistance Program for
review and comment. Unless otherwise instructed, the residue survey shall consist of
CEQA Findings ofFact
And Statements of Overriding Considerations 42 1011 312004
Cantarini/Holly Springs Developments
surficial soil sampling from depths of % foot and 14 feet within areas planned for grading,
as well as within previous and current storage and chemical mixing areas.
Factual Support and Rationale - Mitigation Measure HAZ-HS-1 will reduce the impact of
hazardous agricultural chemicals located near the surface of the ground to a less than
significant level. Prior to initiation of grading, a detailed agricultural chemical residue
survey shall be prepared to fulfill the requirement of the City’s Standard Agricultural Area
Mitigation Condition. Any measures required by the study will be implemented prior to
grading. Implementation of standard measures required by the study, including measures
required by the San Diego County Department of Environmental Health Site Assessment
Voluntary Assistance Program, will ensure that all hazardous materials are removed from the
site prior to development of the site.
2.7.3 On-Site Trash/Debris
Impact - A minor amount of localized traswdebris has been observed on site on the Holly
Springs site. Improper cleanup and disposal of this debris, especially any waste material
associated with the abandoned vehicle, has the potential to harm the public and the
environment, which would represent a significant environmental.
Finding - Pursuant to CEQA Guidelines 0 15091(a)( l), changes or alterations have been
required in or incorporated into the Holly Springs project that would avoid or substantially
lessen the significant environmental effect as identified in the EIR. Implementation of the
following mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure HAZHS-2: Prior to the commencement of grading on the HolIy
Springs site, all trash, debris, and waste materials discovered on site shall be disposed of off
site, in accordance with current local, state, and federal disposal regulations. Any materials
containing petroleum residues encountered during property improvements shall be evaluated
prior to removal and disposal following proper procedures. Any buried traswdebris
encountered shall be evaluated by an experienced environmental consultant prior to removal.
Factual Support and Rationale - Prior to the commencement of grading on the Holly
Springs site, all trash, debris, and waste materials discovered on site shall be disposed of off
site, in accordance with current local, state, and federal disposal regulations. Any required
additional measures identified during the cleanup will be implemented prior to grading.
Implementation of Mitigation Measure HAZ-HS-2 prior to grading will ensure that all
potentially hazardous materials are removed from the site before development is in place.
CEQA Findings of Fact
And Statements of Overriding Considerations 43 I011 3/2004
Cantarini/Holly Springs Developments
2.8 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Cantarini/Holly Springs
2.8.1 Disturbance of Buried Native American Artifacts
Impact - Although archaeological testing have determined that the Cantarini and Holly
Springs sites do not contain significant scientific resources, Luiseno people from the San Luis
Rey Band have expressed concern regarding potentially significant impacts to buried deposits
in association with project grading.
Finding - Pursuant to CEQA Guidelines §15091(a)(l), changes or alterations have been
required in or incorporated into the Cantarini and Holly Springs projects that would avoid or
substantially lessen the significant environmental effect as identified in the EIR.
Implementation of the following mitigation measure will reduce the identified significant
impact to below a level of significance:
Mitigation Measure ARCH-C/HS-1: As a means of mitigating cultural concerns of the
Luiseno people, monitoring of grading in the archaeological site locations shall be performed
by either knowledgeable Luisenos or archaeologists. The field monitors shall have the
authority to temporarily halt grading and to examine prehistoric resources if they are
encountered. Prior to the commencement of grading, the Construction Contractor shall meet
with Archaeological Monitor to determine when grading and archaeological monitoring
would take place in proximity to the archaeological sites.
Prior to commencement of grading the developer shall enter into a pre-excavation agreement
with a representative of the San Luis Rey Band of Mission Indians. The purpose of the
agreement will be to formalize procedures for the treatment of Native American human
remains, burial, ceremonial or cultural sites that may be uncovered during any ground
disturbance activity.
Prior to commencement of grading on the Holly Springs site, a qualified archaeologist shall
place temporary fencing along the perimeter of site HS-1. Handclearing within the fenced
portion of HS-1 shall be allowed under supervision by a qualified archaeologist or Luisenos.
In the event archaeological features are discovered, the archaeological monitor shall be
empowered to suspend work in the immediate area of the discovery until such time as a data
recovery plan can be developed and implemented. Work outside the area of the find shall
proceed along with the continuation of archaeological monitoring.
Factual Support and Rationale - Mitigation Measure ARCH-C/HS- 1 will reduce the
potentially significant impact of disturbance of Native American Artifacts (if any) during
grading activities to a level less than significant. The mitigation measure requires a pre-
CEQA Findings of Fact And Statements of Overriding Considerations 44 1 0/13/2004
Cantarini/Holly Springs Developments
excavation agreement with a representative of the San Luis Rey Band of Mission Indians,
coordination with and supervision of field monitors who will be present during pregrading
meetings and initial grading, a field monitor who has authority to halt grading if any
prehistoric artifacts that are uncovered, and provision for a qualified archaeologist or Luiseno
to implement a data recovery plan in the event any prehistoric artifacts are discovered. The
monitoring and potential data recovery programs as well as pre-excavation coordination with
the Luiseno people is being required at the request of the Luiseno people and has proven to
be effective in avoiding impacts from grading on archeological resources.
2.8.2 Disturbance of Cretaceous and Quarternary Formations
Impact - Grading for the Cantarini and Holly Springs sites may involve disturbance of
Cretaceous and Quaternary age formations. Destruction of any fossils that may exist in these
formations would represent a significant impact.
Finding - Pursuant to CEQA Guidelines Q 15091 (a)( I), changes or alterations have been
required in or incorporated into the Cantarini project that would avoid or substantially lessen
the significant environmental effect as identified in the EIR. Implementation of the following
mitigation measure will reduce the identified significant impact to below a level of
significance:
Mitigation Measure PALEO-C/HS-1: The following paleontological resources monitoring
program shall be implemented during construction for the Cantarini and Holly Springs
projects :
The owner shall contract with a paleontologist to be on site at the time of
excavation and a report of the findings shall be submitted to the City following
completion of excavation.
Prior to the issuance of the grading permit, the applicant shall provide a letter
stating that a Qualified Paleontologist has been retained to implement the
monitoring program described in this plan. A Qualified Paleontologist is defined
as any person holding an advanced degree in paleontology or closely related
discipline such as geology or paleobiology, and also having at least four years of
experience with the geological formations of San Diego County. The Qualified
Paleontologist shall supervise Paleontological Field Monitors utilized during the
project. Minimum qualifications for Paleontological Field Monitors shall be a
Bachelors degree in paleontology or closely related discipline such as geology or
paleobiology plus one year of experience with the geological formations of San
Diego County.
CEQA Findings ofFact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
45 I011 3/2004
0 All persons involved in the paleontological monitoring of this project shall be
approved by City staff prior to the start of any construction excavation. The
applicant shall notify City staff of the start and end of the construction.
0 The Qualified Paleontologist shall attend any preconstruction meetings to make
comments and/or suggestions concerning the monitoring program as it
specifically relates to the construction plans and schedule. All areas requiring
monitoring shall be noted on the grading plans of the job foreman and the
Paleontological Field Monitor. It is the job foreman’s responsibility to notify
Qualified Paleontologist 24 hours prior to grading areas where monitoring is
required.
The Qualified Paleontologist or Paleontological Field Monitor shall be present on
site full-time during excavations in moderately or highly sensitive geological
formations. In the event that fossils are encountered, the Paleontological Field
Monitor shall notify the job foreman and shall have the authority to divert, re-
direct, or temporarily stop ground disturbing activities in the area of a discovery
to allow an initial assessment of the deposit as well as to recover samples. A
fossil discovery may be of a caliber that the Qualified Paleontologist must
evaluate its significance to determine if a larger salvaging program is required to
mitigate adverse impacts. All discovered fossil sites shall be recorded at the San
Diego Natural History Museum in conformance with their standard procedures.
If the Qualified Paleontologist determines that a discovery is significant, then he
or she will prepare a salvage plan that specifies the techniques to be used for the
recovery of fossils in a timely fashion. The City staff must review and approve
the salvage plan prior to its implementation and prior to the resumption of
excavation anywhere near the discovery locale.
All fossil remains recovered during the monitoring program shall be cleaned,
sorted, repaired, and cataloged. Specialized studies such as palynology, grain-
size, or radiometric analyses shall be conducted as appropriate and with the
approval of the City environmental staff. Ultimately, all recovered specimens,
fieldnotes, photographs, sketches, catalogs, special studies and related items will
be prepared for curation in an appropriate institution. The project applicant shall
curate all collections and associated data with a qualified local scientific
institution. The applicant shall formally transfer legal title to the collections to
the receiving institution and shall provide a copy of the letter of acceptance from
the qualified curation facility in an appendix to the final monitoring report.
0 The Qualified Paleontologist shall be responsible for preparing an appropriate
technical report to fblly document the results of the monitoring program.
Minimally, negative monitoring reports must briefly describe the construction
CEQA Findings of Fact
And Statements of Overriding Considerations 46 1 O/I 312004
CantariniIHolly Springs Developments
project, list the personnel utilized, and specifl the dates monitoring was
performed. The field methods used must be identified and a summary of the
observed stratigraphy shall also be provided.
If fossils are encountered and collected during the monitoring program, the
monitoring report shall include some or all of the following information as
appropriate. The methods discussion shall include techniques used in the salvage
effort in addition to a complete description of the various laboratory methods
used including any special studies undertaken. The stratigraphy of each
collecting locality shall be described and a full description of all invertebrates,
reptiles, birds and mammals collected or observed shall be provided. The results
of any special studies shall be presented along with a discussion of the
importance of the total collection to expanding our knowledge of the prehistoric
past.
Factual Support and Rationale - Grading for Cantarini and Holly
Springs Projects may uncover Cretaceous and Quaternary age formations, which may contain
significant paleontological resources. The mitigation measures require a monitoring program
and approved qualified paleontological monitor to be present during pregrading meetings and
initial grading, with authority to halt grading if resources are uncovered or evident. If
identified, the City and the paleontologist will coordinate a salvage program before grading
may resume in the fossil area. Through this process, and the cleaning, storage and
contribution of any fossil remains to the San Diego Natural History Museum, any significant
paleontological resources that may be present on the Proposed Project sites will be protected.
These procedures combined with a final report from the monitor have proven to be an
effective program for preservation and recovery, where appropriate.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
41 1011 312004
3.0 Findings of No Significant Impacts
The following issues were analyzed in preparation of the EIR and were found to not entail significant
environmental effects. Accordingly, no mitigation is necessary for these issues.
3.1 LAND USE PLANNING
CantariniMolly Springs
3.1.1 Consistency with the Sunny Creek Specific Plan
As discussed in Section 4.1.3.1 of the Final EN, both the Cantarini and Holly Springs
projects would be consistent with the land use type and density anticipated for the sites by the
Sunny Creek Specific Plan (Specific Plan). Both projects would be developed with 1-3 story,
single-family estate residential developments at a maximum density of one uniUO.5 acre, in
accordance with the designations of the Specific Plan. The proposed development would
also be generally consistent with the design standards listed in the Specific Plan. Grading for
both projects will incorporate contour grading techniques and manufactured slopes that
would generally not exceed 40 feet in height. Grading would occur on slopes with a gradient
greater than 25 percent, which is allowed if the grading is essential to the development and
slope disturbance will not result in impacts to wildlife movement. The grading proposed for
both projects would generally not result in significant adverse impacts to existing landforms.
Grading on 25 percent slopes would be consistent with the overall goal of the design
standards that impacts to sensitive landforms be minimized.
3.1.2 Consistency with the City of Carlsbad Scenic Corridor Guidelines
Both projects would be visible from El Camino Real, which is subject to the requirements set
forth in the City of Carlsbad Scenic Corridor Guidelines (Corridor Guidelines). The
proposed projects would not substantially alter the character of views from El Camino Real,
which are currently characterized by a combination of residential development and open
space uses. Project development would entail single-family uses interspersed with open
space, as consistent with the character of existing residential developments in the area as well
as the density requirements of the Specific Plan.
3.1.3 Consistency with the City of Carlsbad Open Space and Conservation Resource
Management Plan
In accordance with the Resource Management Plan, the areas proposed to remain as open
space would include a majority of the native habitat present on the site. These open space
areas provided in the project sites would provide interconnected blocks of open space within
Cantarini and Holly Springs that would connect with areas planned for open space to the
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
48 IO/] 3/2004
north and east of the project. The projects propose the use of a de-pollution basin with minor
detention to minimize the impacts to Agua Hedionda Creek. This basin is proposed in the
southern portion of the Cantarini site (Lot 117). The basin would collect and convey runoff
to planned facilities within the proposed roadways.
3.1.4 Citywide Trails Program
The projects include establishment and maintenance of an on-site, multi-purpose trail system
that would utilize existing dirt pathways located along the northern and eastern border of the
sites. The on-site trails system would be consistent with the 1992 City of Carlsbad’s Open
Space and Conservation Resource Management Plan trails system and the draft City
guidelines for the proposed update to the Citywide Trails program prepared in 2001.
Existing trails to remain within open space areas will remain in their natural state except for
repairs or maintenance necessary to fix ruts or control erosion. The multi-purpose trails are
intended to facilitate recreational and circulatory opportunities for pedestrian, cyclist, and
equestrian uses. Trail materials for trails adjacent to open space areas would include
decomposed granite (DG) and split rail wood fencing. Trails proposed within the residential
portions of the project would include DG, asphalt walks, and designated sidewalks. The
trails in the northwestern portion of the Holly Springs property will provide a linkage with
the Citywide trail that is planned to cross College Boulevard north of Cannon Road.
The trails on the site would protect sensitive resource areas by utilization of existing trails or
their establishment in other disturbed areas. For more detail on the projects’ trail system and
its consistency with the Citywide Trails Program, see Section 4.1.3.1 of the Final EIR.
3.1.5 Effect on the Surrounding Established Community
Implementation of the proposed residential and open space uses would not physically divide
an established community. The area adjacent to the proposed project sites is characterized by
predominantly residential developments interspersed by open space and agricultural uses.
Development is generally centered around major circulation element roads in the project
vicinity including El Camino Real. The proposed projects would represent the extension of
residential uses anticipated by the General Plan in the vicinity of El Camino Real and College
Boulevard.
3.1.6 Consistency with Zoning
The projects would require a rezone from Limited Control and Residential Agriculture to
One-Family Residential, Residential Density-multiple, and Open Space. The proposed zones
would not conflict with the intent of the existing zoning and planned land use patterns for the
area. The Limited Control Zone is intended as an interim zone to allow for fbture planning of
urban land uses. In addition, single-family residences are allowed within the Residential
Agricultural zone.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
49 IO/] 3/2004
3.1.7 Flood Plain Regulations
The Cantarini and Holly Springs sites are located completely outside of the floodplain of
Agua Hedionda Creek. As a result, it is not anticipated that implementation of the project
would conflict with the floodplain regulations. The proposed alignment of College
Boulevard would extend within the floodplain of Agua Hedionda Creek. However, all
impacts of the roadway to the floodplain have been addressed as a part of the EIR prepared
for the Calavera Hills Master Plan.
’
3.1.8 Growth Management Program-Proposed LFMP Amendment
The projects are considered to be consistent with the City’s Growth Management Program.
The proposed Cantarini and Holly Springs residential density and unit count would be a
reduction from that anticipated for the site by the Local Facilities Management Plan (LFMP).
Therefore, an amendment to the LFMP is required for the Proposed Projects. Reduction in
the number of units anticipated for the site would mean that implementation of the project
would not adversely impact planned or current levels of service for public facilities such as
sewer, water, open space, parks, libraries, fire, and police.
3.1.9 Inclusionary Housing Ordinance
Affordable housing is provided for the Proposed Projects in accordance with the City
Inclusionary Housing Ordinance. Forty of the 80 multiple family units proposed in Lot 14
would be classified as affordable. The remaining 40 units would be market rate residential
units.
3.1.10 McClellan-Palomar Airport Comprehensive Land Use Plan
The projects are located outside of the McClellan-Palomar Airport’s Airport Influence Area.
As a result, it is not anticipated that the proposed projects would conflict with such airport’s
comprehensive land use plan. Proposed residential structures would also not exceed any
height limits or residential densities that conflict with the requirements of the Comprehensive
Land Use Plan (CLUP) for areas within the Airport Influence Area (AIA). Both Proposed
Projects are located within the Noise Impact Notification Area (NINA), which covers a 3-
mile radius around the airport. In accordance with the CLUP, future property owners will be
notified that aircraft noise will be audible within the NINA. As discussed in the CLUP noise
within the NINA is not considered adverse to public health or safety issue; therefore, being
within the NINA is not a significant impact of either project.
3.1.11 City of Carlsbad Landscape Manual
The landscape plan for the Cantarini and Holly Springs projects would incorporate general
features required by the City Landscape Manual. All exposed manufactured slope faces
CEQA Findings of Fact
And Statements of Overriding Considerations
CantaridHolly Springs Developments
10/13/2004 50
adjacent to open space would be revegetated with native species consistent with that
associated with surrounding native open space areas. Brush management for fire protection
would require minimal encroachment into environmentally sensitive areas as required by the
Landscape Manual.
3.1.12 City of Carlsbad Subdivision Regulations
The Proposed Projects include tentative maps that have been prepared in accordance with the
requirements of the Subdivision Regulations. As required by the subdivision regulations, this
EIR has been prepared in accordance with CEQA to disclose the potential environmental
impacts associated with the project.
Parcel A of the Holly Springs project is proposed as a remainder parcel. Identification of a
remainder parcel is consistent with the Subdivision Regulations when a parcel is not
proposed for development or permanent open space use but is included in the same
ownership as other portions of the tentative map. Also, two remainder parcels in the southern
portion of the Cantarini property will be consolidated with lots to the south as part of future
proposed development.
Cantarini
3.1.13 Compatibility with On-Site and Surrounding Land Uses
Development of the site with single-family and multi-family residential uses would be
compatible with existing and planned surrounding land uses, which include a mix of existing
and planned single-family residential uses interspersed by agriculture and natural open space.
3.1.14 General Plan Amendment
The intent of the proposed GPA is to define the limits of the open space in accordance with
the draft HMP. The Cantarini project does not entail a change to the existing single-family
residential density designated for the site, and the number of residential units and the
proposed density as a part of the project represents a reduction from the maximum number of
units allowed on the proposed property by the current land use designation and the City
LFMP. As a result, the proposed GPA is consistent with the intended development of the
area for single-family residential uses.
The Cantarini project includes a multi-family residential component that is not consistent
with the densities anticipated by the General Plan for the site. An amendment of the General
Plan is required in order to reflect a transfer of density to the affordable housing site. The
transfer is proposed to comply with the City Inclusionary Housing Ordinance which requires
that 15 percent of housing in new developments be set aside for affordable housing. Such
compliance, combined with the fact that the two projects would contribute to an overall
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
51 IO/] 3/2004
reduction to the total number of residential units anticipated in the LFMP, the proposed
transfer of density is not a significant inconsistency with the requirements and policies of the
General Plan.
3.1.15 Draft Habitat Management Plan
The project revisions to the approved hardline preserve areas anticipated for the site by the
draft HMP would not adversely impact the ability of the City to meet the goals of the draft
HMP. The project proposes to revise the hardline preserve areas to accommodate portions of
streets “A, C, D, J, and M’ and Lots 8, 36, 37,43, 59, 60, 71, 81, 86, 87, 90, 91, 95, 96, 99,
100, 102, and 108 through 1 12. Grading and brush management activities in the rear portions
of these lots would extend into areas currently approved as hardline preserve areas. The
extension of grading into the hardline preserve areas associated with the residential lots
would be limited to the border of the approved hardline preserve areas where grading or
brush management is necessary pursuant to City requirements. The minor encroachments,
associated with the grading for these lots is considered consistent with the biological resource
preservation goals of the draft HMP.
3.1.16 Hillside Development Regulations
Implementation of the project would result in alteration of existing landforms that do not
conflict with the goals of the Hillside Development Regulations. The project grading
quantities would be balanced between cut and fill material. The maximum height of
proposed cut and fill slopes would be 42 and 43.5 feet, respectively. All exposed
manufactured slopes would be contour graded to simulate natural terrain.
Holly Springs
3.1.17 Compatibility with On-Site and Surrounding Land Uses
Development of the site with 43 single-family units ind associated circulation elements
would be compatible with on-site or surrounding existing land uses. Portions of the existing
agricultural uses on site would remain following development of the project. Areas
designated as Lots 49 through 52 would not be developed until the agricultural production in
Lot 53 is terminated and revegetated with native plant species.
The project would also be compatible with surrounding planned land uses. The areas to the
north are proposed to remain as natural open space as a part of the draft HMP. The proposed
project would be consistent with the open space preservation goals of the draft HMP and
would provide appropriate open space connections with areas to the north and east. Lots 10,
18, 27, 47, 48, and 53 of the Holly Springs project would provide a natural open space link
with drainages and upland areas within state-owned open space land to the north as well as
with natural open space planned as part of the Cantarini project. The Holly Springs project
CEQA Findings of Fact
And Statements of Overriding Considerations 52 1011 3/2OO4
Cantarini/Holly Springs Developments
would also be compatible with the Cantarini project, considering that the single-family
residential units for both projects would be the same type and are proposed at the same
density. Circulation and open space elements of both projects have also been designed
simultaneously to address City requirements.
3.1.18 General Plan Amendment (GPA)
The GPA proposed as part of the Holly Springs project would not conflict with the land use
designations or policies of the General Plan related to the project site. An amendment to the
General Plan is proposed as a part of the Holly Springs project to define the single-family
residential and open space areas. A new OS (open space) designation will be proposed for the
open space lots. No change to the existing RLM (Low-Medium density) designation is
proposed, and the project would construct residences at a density anticipated and allowed by
the existing RLM designation.
The proposed Holly Springs Project would be consistent with the trails policies of the
General Plan. Open space proposed in Lots 10,48, 53, and 47 would contain trails designed
for multi-purpose use that would provide connections with off-site areas to the north and east.
Provision of trails within open space areas is consistent with the General Plan Land Use as
well as the Conservation and Open Space Elements, which call for a trail system to extend
through the project vicinity.
3.1.19 Draft Habitat Management Plan
The Holly Springs project would be consistent with the biological resources conservation
goals of the City’s draft HMP. In general, the open space configuration proposed as a part of
the project is consistent with the approved hardline configuration anticipated for the site in
the draft HMP (Figure 2.0-4). Open space Lots 10, 18, 27, 47, 48, and 53 would provide
blocks of natural open space that would provide connections with planned open space areas
to the north of the site and within the Cantarini site.
3.1.20 Hillside Development Regulations
The project is consistent with the Hillside Development Regulations. As discussed fbrther in
Section 4.2, Visual/Aesthetics, the proposed grading would not conflict with City
requirements. Grading would not occur on steep slopes (slopes with a gradient over 40
percent as defined by the Hillside Development Regulations). The maximum height of
proposed cut and fill slopes would be 30 and 32 feet, respectively. These slope heights
would be within the limits of the Hillside Development Regulations. All exposed
manufactured slopes would be contour graded to simulate natural terrain.
CEQA Findings of Fact
And Statements of Overriding Considerations 53 1011 3/2004
Cantarini/Holly Springs Developments
3.2 VISUAL AESTH ETICS/GRADING
Cantarini
3.2.1 Landform AlteratiodHillside Development Regulations
Grading for residential uses and project roadways would cover 95.9 acres of the Cantarini
site. Within the tentative map (TM), the remaining 59.14 acres of the site have been
proposed for natural open space. Grading work would not conflict with the goals of the
Hillside Development Regulations. On-site grading for Cantarini would involve
approximately 774,096 acres of cut material and approximately 694,842 cubic yards of fill
material. The overall grading plan for Cantarini would be balanced at 1,217,844 cubic yards
of cut and fill when remedial on-site grading and grading for College Boulevard, required to
be completed by the project applicant, are included in the grading quantities. Grading totals
for Cantarini include approximately 26,000 cubic yards of cut and fill for the Holly Springs
Road. Maximum slope heights for cut and fill would be 43.5 feet and 33 feet respectively.
All exposed manufactured slopes of length greater than 200 linear feet would be contour
graded to simulate natural terrain. All manufactured slope heights, with the exception of a
43.5-foot slope opposite of Lot 17, would be below the 40-foot requirement of the Hillside
Development Regulations. Exceeding the 40-foot requirement by 3 feet (less than 10
percent) for a circulation element road is not considered a significant deviation from the
Hillside Development Regulations.
3.2.2 Impacts to Views from Public Vantage Points
Grading for project pads and roadways and residences would be visible to east and
westbound travelers on El Camino Real. Lots 1-32, 34-53, and 57-78 and the multiple
family units would be visible within relatively long range views (residences would be
approximately 3,000 feet to the east of El Camino Real) available to motorists from El
Camino Real. Views of Lots 81 through 90 would be partially obscured by residences and
grading on Lots 1-32, 34-53, and 57-78 as well as intervening landscaping and topography
adjacent to El Camino Real. Residences proposed on Lots 103, and 105-1 12 would also be
within the long-range views of motorists and pedestrians. A majority of the single-family
and multiple family residential uses would be within long-range views from the higher
elevations of the College Boulevard alignment. Lots 1-7, and 16-23 would be partially
obscured by existing intervening structures and landscaping. Views of single-family
residential Lots 16-32, 34-53, 57-78 and 81-100 would be blocked by intervening
topography when viewed from Calavera Hills. Visible portions of the Cantarini project
would include the multiple family units, Lots 1-7 and 16 proposed adjacent to the extension
of College Boulevard and units 103, and 105-1 12 proposed on the higher elevations on the
eastern portion of the site.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
54 10/13/2004
3.2.3 Effects on Existing and Planned Visual Character
The Cantarini project would be generally compatible with the existing visual character and
the requirements of the Sunny Creek Specific Plan regarding the preservation of the visual
character of the area. Although the proposed project would be visible from El Camino Real
and College Boulevard, the proposed Cantarini project would not substantially alter the
character of views from these vantage points. Existing short and long-range views from El
Camino Real and College Boulevard in the vicinity of the Cantarini project include
residential developments immediately adjacent to El Camino Real and within the City of
Oceanside at the top of the visible slopes. In addition, views of lots in the southern and
southwestern portion of the site from El Camino Real would be partially blocked by
intervening residences and topography. The proposed open space areas would connect with
larger planned open space areas to the north and east of the site. As required by the Sunny
Creek Specific Plan, contour grading would be utilized on all exposed manufactured slopes to
simulate natural terrain.
Holly Springs
3.2.4 Landform Alterationhlillside Development Regulations
Holly Springs project grading is considered to be consistent with the intent of the Hillside
Development Regulations. Grading associated with the 39 lots in phases I-V, not including
the four lots in the final phase or grading for Holly Springs Road, would involve a balance of
165,000 cubic yards of cut and fill material. Grading for the Phase VI lots (Lots 49 through
52) of Holly Springs would involve approximately 3,700 yards of cut material and 3,900
yards of fill material. Grading in the western portion of the site would be generally restricted
to minor cut and fill slopes on relatively level terrain. In the eastern portion of the site
additional cut slopes would be necessary to accommodate grading on the ridge area.
Maximum slope heights for cut and fill would be 30 feet and 32 feet respectively, which is
within the slope height requirement of 40 feet. The grading quantities per acre would be
approximately 7,340 cubic yards, which is within the acceptable range defined by the
Hillside Development Regulations. As required by the guidelines, all exposed manufactured
slopes greater than 200 feet in length would be contour graded to simulate natural terrain. In
addition, grading for the Holly Springs development would not result in impacts to steep
slopes covered by the Hillside Development Regulations.
3.4.5 Impacts to Views from Public Vantage Points
Grading for project pads and roadways as well as residences would be visible to east and
westbound travelers on El Camino Real. Lots 1-9 would be visible within relatively long
range views (residences would be approximately 4,000 feet to the east of El Camino Real)
available to motorists from El Camino Real. Views of Lots 11-26 and 37 would be generally
blocked by residences on Lots 1 through 9. Residences proposed on Lots 33-35 and 38-46
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
IO/] 3/2004 55
would also be within the long-range views of motorists and pedestrians. Distant views of
most units (over 4,000 feet) would be available from College Boulevard. Lots 11-26 and 37
would be partially obscured by intervening topography and development of Lots 1-9. As
shown in the simulations a majority of the Holly Springs development would be visible from
the Calavera Hills area. In general, views of the Phase I1 residential lots and Lots 38-46
would be blocked by intervening topography or proposed residences.
3.4.6 Effects on Existing and Planned Visual Character
The visual character of the surrounding area would not significantly change considering that
open space characterized by existing native vegetation would be interspersed with the single-
family residences, similar to that associated with existing residential development in the area.
The proposed open space areas would connect with larger planned open space areas to the
north and east of the site. These planned open space areas surrounding the site contain major
topographical features that would not be impacted by the project. In addition, contour
grading required by the Sunny Creek Specific Plan would be utilized on all exposed
manufactured slopes to simulate natural terrain.
3.3 BIOLOGICAL RESOURCES
Cantarini/Holly Springs
3.3.1 Wildlife
Impacts to commonly occurring and non-sensitive wildlife species occurring on both the
Cantarini and Holly Springs projects may occur. Birds have a high mobility and will most
likely be displaced during grading. Small mammals, amphibians, and reptiles with low
mobility may be inadvertently killed during grading of the site. Impacts on common wildlife
are considered less than significant.
A Pedestrian Circulation and Trail Plan has been developed for Cantarini and Holly Springs.
This plan identifies 3,806 linear feet (If) of existing trails that will remain as part of the
proposed development. To minimize impacts associated with trails access into open space
areas, the plan focuses trails near areas of proposed development and identifies 4,754 If of
existing trails that will be permanently closed and revegetated. The plan also identifies
proposed decomposed granite (DG) trails, meandering sidewalks, “livable street” sidewalks,
and asphalt walks to be developed adjacent to proposed roads or residential lots. The
Pedestrian Circulation and Trail Plan stipulates fencing to be used along the DG trails to
prevent access to the open space. No trails cross wetland features other than those adjacent to
roads for which conspan crossings of such features are proposed.
With project features such as the Pedestrian Circulation and Trail Plan, the Conceptual
Fencing Plan, and preservation of open space on site in accordance with the draft HMP, the
CEQA Findings of Fact
And Statements of Overriding Considerations
CantarinitHolly Springs Developments
10/13/2004 56
indirect impacts associated with proposed development are not expected to cause a reduction
to the wildlife populations of the area below self-sustaining levels. As a result, any indirect
impacts of the proximity of development to wildlife within adjacent open space areas are
considered less than significant.
3.3.2 Sensitive Plants
Implementation of the Cantarini project would not impact any sensitive plant species other
than California adolphia. The Holly Springs project would impact plant communities that
support the spiny rush. Because this species is not identified as sensitive by local, federal or
state regulations, impacts to this species would be adverse, but not significant.
3.3.3 Wildlife Corridors
The Proposed Projects have been designed to retain a 700-foot-wide movement corridor
along the eastern boundary of the Holly Springs property and the northeastern corner of the
Cantarini property. This will allow for the continued movement of wildlife between the open
space areas to the north, such as the Bank of America mitigation bank, and open space areas
to the south and southeast.
3.3.4 Consistency with Draft Habitat Management Pian
Overall, there is no net change in acreage between the approved hardline preserve area and
the revised hardline preserve area combined for both the Cantarini and Holly Springs
projects. When both projects are developed, a total of 113.39 acres of hardline preserve area
will be dedicated as permanent open space which is equivalent to the acreage of the approved
hardline preserve areas for both properties in the draft HMP. In addition, 1.62 acres located
within the “standards” area of Cantarini (Rancho Carlsbad exchange parcel) will be
preserved. The discussion presented below provides a comparative analysis of the proposed
revisions to the hardline preserve areas on the individual Cantarini and Holly Springs project
sites. Figures 2.0-4 and 2.0-8 of the FEIR show both the approved hardline preserve area and
the revised configuration of the hardline preserve area for reference.
Cantarini
3.3.5 Disturbed Lands
Implementation of the Cantarini project would result in impacts to areas identified as
disturbed in habitat mapping. Impacts to such land are not considered significant.
CEQA Findings of Fact
And Statements of Overriding Considerations 57 10/13/2OO4
Cantarini/Holly Springs Developments
3.3.6 Consistency with Draft Habitat Management Plan
The revisions to the hardline preserve areas on Cantarini would result in a relatively minor
net loss of sensitive native upland and wetland habitats (less than two acres of coastal sage
scrub, southern mixed chaparral, southern willow scrub, freshwater marsh) compared with
the overall preservation of the same habitat types. As shown in Table 4.3-5 of the FEIR,
preservation of 5.64 acres of coastal sage scrub and 0.59 acres of southern mixed chaparral is
proposed as a part of the Cantarini project. Wetland habitats preserved onsite include 2.24
acres of freshwater marsh and 2.61 acres of southern willow scrub. Also proposed is an
additional 2.24 acre area in the southern central part of the revised hardline preserve area that
will be restored to freshwater marsh and southern willow scrub. Considering that the acreage
of the habitat preserve area for the combined Cantarini and Holly Springs projects and
associated habitat conservation generally conforms with the approved hardline preserve area
and that additional restoration of wetland and upland habitats is proposed onsite, the net
decrease in four habitat types would not make the Cantarini project inconsistent with the
habitat conservation goals of the draft HMP for the site. As discussed further in Section 4.1 ,
Land Use Compatibility, to ensure that the overall hardline preserve area is consistent with
that anticipated by the draft HMP, the Cantarini project will be conditioned that if Holly
Springs is not implemented as proposed an additional 1.86 acres within an identified habitat
preserve area must be dedicated as open space as a part of the Cantarini tentative map.
A wetland buffer is proposed throughout the project site that is intended to preserve the
fbnctions and values of the wetlands. As shown in Figure 2.0-4 of the FEIR, the proposed
project has been designed to ensure that lots are not proposed adjacent to the wetlands. All
lots are across the street from wetlands and no rear yards are adjacent to wetlands. Streets
“Cy’ and “D’ and the trail connection will act as deterrents to access to wetland areas by
fbture residents. In addition, runoff from residences in the vicinity would be directed into
roadway storm drains and not flow directly into the wetlands. Given that a functional buffer
will be maintained in this area, that a minimum distance of 108-136 feet will be provided
between residential lots and wetlands areas, and that buffers would be expanded in other
portions of the site, overall the project is considered consistent with the goal of the draft
HMP to provide wetland buffers.
Disruption of potential wildlife corridors would not be consistent with the draft HMP;
however, the revised hardline preserve area largely satisfies the goal to provide connectivity
between habitat core areas through preservation of the 700-foot corridor within the
northeastern portion of the site. In accordance with the draft HMP, this corridor serves as the
primary connection between the draft HMP open space on the project site and other larger
open space areas to the north, south and east.
CEQA Findings of Fact
And Statements of Overriding Considerations 58 1011 312004
Cantarini/Holly Springs Developments
Holly Springs
3.3.7 Disturbed/Developed Lands
Implementation of the Holly Springs project would result in impacts to areas identified as ,
disturbed or developed in habitat mapping.
significant.
Impacts to such lands are not considered
3.3.8 Consistency with Draft Habitat Management Plan
With implementation of the Holly Springs project, the approved hardline preserve areas
would be revised from the total of 58.04 acres approved in 1999 to 59.9 acres. Revision to the
approved hardline preserve areas on the Holly Springs property would result in a net increase
of 1 .I36 acre of lands to the hardline preserve. The proposed adjustment would represent a net
increase in preservation of coastal sage scrub (0.67 acre), coast live oak riparian forest (0.07
acre), cismontane alkali marsh (0.18 acre), southern mixed chaparral (0.41 acre), disturbed
lands (0.16 acre), and agricultural lands (2.51 acres) and a net decrease in preservation of
native grassland (-0.33 acre) and non-native grassland (-1.81 acres). There would be no net
change to freshwater marsh, mule fat scrub, southern willow scrub, or developed lands. The
revised hardline preserve areas are discussed in more detail below.
The revised hardline preserve areas would provide better connectivity in the south-central
portion of the site (Lots 48 and 53). The approved hardline preserve area in this location did
not extend to the boundary of the site since a road crossing was anticipated to cross the open
space along the southern boundary. The revised hardline preserve area includes southern
mixed chaparral, non-native grassland, and coastal sage scrub in this area, which provides a
continuous block of habitat between Cantarini and Holly Springs. This revision is consistent
with the goals of the draft HMP.
The most substantial revisions to the Holly Springs approved hardline preserve area would
result in additional encroachment into coastal sage scrub and native grasslands in the
northern and central portions of the site (Lots 5-9, 13, and 14). Although considered adverse,
impacts to these sensitive habitat types would be consistent with the draft HMP as long as
they were adequately mitigated according to the draft HMP’s mitigation framework.
Implementation of the Holly Springs development would not result in any impacts to wetland
vegetation communities. Therefore, overall, the revised hardline preserve areas are consistent
with the goals of the draft HMP to preserve wetland communities.
CEQA Findings of Fact
Cantarini/Holly Springs Developments
1011 312004 And Statements of Overriding Considerations 59
3.4 TRANSPORTATION/CIRCULATION
Cantarinihlolly Springs
3.4.1 Traffic Generation and Impacts to Local Circulation System
The projects entail residential uses that would generate traffic on the local circulation system.
Because the projects represent a reduction in the number of residences that would be
constructed on the sites from that assumed in the Zone 15 LFMP, the project would add a
lesser amount of traffic than initially anticipated by the Zone 15 LFMP (approximately 2,110
daily project trips as opposed to 11,150 initially assessed daily trips). Future traffic impacts
of full buildout of the Zone 15 LFMP were previously assessed by the City and it was
determined that no significant impacts would result. As the projects would not exceed their
initially analyzed amounts, there would be no significant impacts to the local circulation
system.
3.5 AIR QUALITY
Holly Springs
3.5.1 Grading and Construction Emissions
Construction activity on the Holly Springs project would not generate air pollutants in excess
of relevant San Diego Air Pollution Control District thresholds. Grading work on the project
would also not exceed relevant thresholds from the district. Therefore, there would be no
significant impact with respect to grading and construction emissions.
3.5.2 Residential Fixed Emissions
Pollutant generation from fireplaces on the Holly Springs development would not produce
emissions in excess of Environmental Protection Agency (EPA) or San Diego Air Pollution
Control District thresholds. Therefore, there would be no significant impact with respect to
residential fixed emissions on the Holly Springs project.
Cantarinihlolly Springs
3.5.3 Vehicular Emissions
As discussed in the FEIR, the projects would result in cumulative impacts due to vehicular
emissions. Air quality analysis of the projects determined that the relatively small quantity of
traffic generated by the project would not generate vehicular emissions in excess of relevant
San Diego Air Pollution Control District thresholds. Therefore, there is no significant
project-level impact with respect to vehicular emissions for the two projects.
CEQA Findings of Fact
And Statements of Overriding Considerations 60 10/13/2OO4
Cantarini/Holly Springs Developments
3.6 AGRICULTURAL RESOURCES
Cantarini
3.6.1 Conversion of Agricultural Lands
Implementation of the Cantarini project would result in the conversion of 63.9 acres of land
currently in agricultural production to residential or open space uses. A majority of the 63.9
acres is identified as Prime Farmland, Farmland of Statewide Importance or Unique
Farmland by the Important Farmland Mapping Program. The proposed conversion of this
agricultural land to residential or open space uses is not considered to be an adverse impact to
agricultural resources within the City because this area has been identified for development
in the General Plan, the Sunny Creek Specific Plan, and the Zone 15 LFMP.
Holly Springs
3.6.2 Conversion of Agricultural Lands
The Holly Springs project would entail the conversion of a small amount of existing
agricultural land. The land on the site is not mapped as important farmland. The City does
not consider conversion of the agricultural resources on the site to non-agricultural uses a
significant impact, as the land has been identified for development in the General Plan, the
Sunny Creek Specific Plan, and the Zone 15 LFMP.
Cantarini/Holly Springs
3.6.3 Williamson Act Contracts
The Cantarini and Holly Springs project sites have not been designated as an agricultural
preserve under the Williamson Act, nor are they contiguous with land designated as an
agricultural preserve. Therefore, there is no impact with respect to Williamson Act
Contracts.
3.6.4 Agricultural Zoning and Land Use Designations
The City General Plan and Zoning designations, as well as the LFMP for Zone 15, anticipates
development of residential uses and preservation of vacant land for open space, in accordance
with the HMP, on the site and in the surrounding area. The existing zoning designations on
the site, Limited Control (L-C) and Residential Agricultural (R-A-1 O,OOO), are not intended
to preserve the site in agricultural uses. The L-C zone is intended to provide an interim zone
for areas where planning for future land uses has not been completed or plans of development
have not been finalized. The L-C zone permits the continued use of land for agricultural
purposes in anticipation of further planning. The Residential Agricultural zone allows for
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And Statements of Overriding Considerations
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agricultural uses to be combined with residential and does not intend for a site to be used
solely for agricultural purposes. Therefore, the conversion of a portion of the project site
from agricultural land to residential development and open space would not result in
significant impacts to agricultural resources.
3.7 NOISE
CantaridHolly Springs
3.7.1 Long-Term Noise On Site
The noise contour identified that the western units of the multiple family lot (Lot 14) of the
Cantarini tentative map would be adjacent to the 65 decibel (dB) contour. However, the
parking area between the western units of the multiple family lot would provide an adequate
buffer to ensure that the useable outdoor open space would not be exposed to noise levels that
exceed the City of Carlsbad Noise Standards.
The noise contours for roadways adjacent to the Holly Springs development have a sufficient
distance from on-site development so as to not present significant exterior or interior noise
levels on the site. Noise would not be received on the project site in excess of the City’s
thresholds.
CantarinVHolly Springs
3.7.2 Construction Noise
Construction of the Proposed Projects would involve mass grading and the operation of large
construction equipment, such as graders, bulldozers and trucks. In addition, blasting
operations may be required on the eastern portion of the Holly Springs property. The
construction operations will expose existing residents adjacent to the project site to a short-
term increase in noise levels. The closest existing residences are located at the northeastern
boundary of the proposed project site and are within the City of Oceanside. Construction
noise would conform to the standards set forth in the City of Carlsbad’s Noise Ordinance and
the City of Carlsbad Municipal Code, and the short-term construction noise impacts
associated with Cantarini and Holly Springs would not be considered significant.
CEQA Findings of Fact
And Statements of Overriding Considerations
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3.8 HYDROLOGY/WATER QUALITY
Cantarini
3.8.1 Hydrology
The drainage pattern on site will be altered by the development and grading associated with
the proposed project, including removal of the existing agricultural pond and dam.
Development on the Cantarini site would not alter the overall direction of drainage from the
site, and the outfall locations associated with the proposed project would generally be the
same as current conditions. With the implementation of the proposed storm water
conveyance system, all runoff would be similar to the existing conditions and runoff would
continue to be directed south into Agua Hedionda Creek. All public storm drain systems
would be reinforced concrete pipe and sized to carry runoff from a 100-year, 24-hour storm
event in an underground system that would convey runoff to historic outfall locations,
without causing damage to adjacent properties.
Through the implementation of a storm water conveyance system and a de-pollution basin
with minor detention, the runoff rate exiting the site will not be adversely affected. As a
result, it is not anticipated that implementation of the project would have an adverse
significant impact to existing on site or downstream hydrologic conditions.
Holly Springs
3.8.2 Hydrology
The Holly Springs development would drain south toward historic outfall sites on the
Cantarini property through a storm water conveyance system. Flow rates exiting the site at
historic locations to the south were estimated to be less than existing rates and that the
majority of drainage would continue to be conveyed to the south. Therefore, it is not
anticipated that implementation of the project would have a significant adverse impact on
existing hydrologic patterns.
Those areas to the north of the proposed building pads and graded areas that are not proposed
for development will maintain incidental drainage to the north and west of the Holly Springs
property. No significant adverse impacts to the hydrology of the systems to the north and
west of the property would occur as a result of the implementation of the proposed project.
Considering that the project, as described, would convey all storm water runoff into facilities
that would connect with the Cantarini project to the south, conveyance of the majority of the
storm water runoff to the south is consistent with historic drainage patterns of the site.
CEQA Findings of Fact
And Statements of Overriding Considerations
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3.9 PUBLIC SERVICES AND UTILITIES
CantariniMolly Springs
3.9.1 Water
The Cantarini project’s single-family residential development is estimated to present demand
of approximately 48,678 gallons per day, and the multi-family residential development is
estimated to present a demand of approximately 37,088 gallons per day. The estimated
demand for the Holly Springs project is 19,934 gallons per day. This anticipated demand is
lower than anticipated for the site in the Zone 15 LFMP, and, therefore, the Proposed
Projects would not present a significant impact to the City’s water system. Adequate volume
and rate for fire flow would be met on the project development.
3.9.2 Reclaimed Water
The Zone 15 LFMP does not contain standards of service for reclaimed water systems. Once
the on-site improvements for the Proposed projects have been made, the estimated recycled
water demand of 45,635 GPD presented by the projects would not place undue stain on the
existing system in the vicinity of the proposed projects. Although reclaimed service within
the 384-Zone for recycled water systems is not currently available to the Holly Springs
project. Future anticipated development on the Mandana property to the east of the Cantarini
site would be able to make use of the 384-Zone recycled water system. Accordingly,
extension of the reclaimed water system for service to the Cantarini site must take this fbture
development into account, and sufficient piping must be installed to accommodate this
anticipated growth.
3.9.3 Sewer Facilities
Due to the reduced density proposed by these projects when compared with the build out
projections presented in the LFMP, the total projected demand on the local sewer facilities
would be significantly lower than anticipated by the LFMP build out projections. Once all
planned facilities associated with the South Agua Hedionda Sewer are completed the project
would be connected to those facilities. However, there is sufficient capacity in the existing
North Agua Hedionda sewer lines to accommodate the demand on sewer facilities that would
be presented by the proposed projects if the South Agua Hedionda facilities are not
completed prior to completion of the Cantarini and Holly Springs projects. However, as is a
usual requirement, the proposed dwelling units for both the Cantarini and Holly Springs
projects must pay the proper Sewer Benefit Fees in order to assure the provision of adequate
service to the developments.
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And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
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3.9.4 Gas & Electric
Sufficient gas and electric service will be provided to both the Cantarini and Holly Springs
projects by San Diego Gas & Electric.
3.9.5 Schools
According to Carlsbad Unified School District projection figures, the Proposed Projects
would result in the generation of a total of 87 additional students that would utilize the
services of the district. The projects represent a decreased density and fewer dwelling units
as compared to the existing plans for the area, and impacts to schools would be less than had
initially been anticipated by the LFMP. Financing requirements for school facilities in Zone
15 are comprised of school fee payment and, if necessary, those costs of providing temporary
facilities for student demand generated in advance of permanent accommodations.
3.9.6 Fire Facilities
The Proposed Project sites would be completely serviced by the Carlsbad Fire District, and
there would be no houses constructed outside of the LFMP-mandated five-minute response
time area. Development of the project sites presents a slight increase in demand for fire and
emergency services provided by the CFD, but this increase is not anticipated to present a
need for new or altered fire protection facilities.
3.9.7 Police Services
The Proposed Projects would present a slight increase in demand on Carlsbad Police
Department resources. However, this increased demand is anticipated to be minimal, and the
department is sufficiently staffed to absorb such demand and continue to meet their own
general service guideline of maintaining a six-minute emergency response time.
3.10 GEOLOGY/SOILS
Cantarini/Holly Springs
3.10.1 Erosion
Both the Cantarini and Holly Springs project sites would be mass graded. Guidelines for
grading have been set forth to assure that the project will not have an adverse effect with
respect to erosion. The guidelines include provisions stating 1) runoff and erosion shall be
reduced by the construction of temporary desiltation basins within each area of development;
2) Prior to any grading activities, temporary runoff control devices should be installed; 3) All
graded areas shall have erosion control measures installed within 30 days after rough grading
is completed. If permanent vegetation cannot be installed within the 30-day period,
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And Statements of Overriding Considerations
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temporary erosion control measures shall be installed, if required, for maintenance of the
public health, safety and welfare; 4) All temporary slopes not scheduled for development
within 60 days shall be hydroseeded. All other graded areas not scheduled for development
within 90 days shall be hydroseeded. Ninety percent (90 percent) germination is required by
means of rainfall or with an irrigation system if rainfall is insufficient. Implementation of
these standard practices will assure that there would not be a significant impact with respect
to erosion.
3.1 1 HAZARDS AND HAZARDOUS MATERIALS
Cantarini/Holly Springs
3.11.1 Use, Transport, or Disposal of Hazardous Materials
The Cantarini and Holly Springs developments would not entail the routine use, transport, or
disposal of hazardous materials, and the operation of the completed project is not anticipated
to result in the endangerment of the public or the environment with relation to hazardous
materials in any way.
3.11.2 Hazardous Waste Sites
The Proposed Projects sites are not listed in any governmental database as a hazardous
materials site, nor are the in close vicinity to any listed site, and such materials sites are not
anticipated to present any significant impact to the proposed projects.
3.1 1.3 Underground Tanks and Other Subsurface Materials
Due to the Proposed Projects sites’ history of agricultural usage, it is possible that
buriedconcealedhidden tanks and agricultural by-products, both below and above ground,
may have existed or exist that were not apparent at the time of previous site reconnaissance.
There is a possibility that grading and construction could uncover such structures and
materials, which may in turn create a potential hazard to the public or to the environment.
However, due to the lack of physical evidence of any buried material on site, discovery of
such material is unlikely, and this impact is less than significant.
3.11.4 Wildland Fires
Due to the amount of open space bordering houses on the Proposed Projects sites, many of
the residential lots may be subject to wildland fire hazards. In order to alleviate the potential
for fire hazards, the tentative subdivision map includes a brush management and fuel
modificatiodconservation zone in conformance with the policies set forth in the Carlsbad
Landscape Manual. The zone will provide a buffer along the border of any lot that is sited
adjacent to a designated open space area and that does not contain a roadway in between the
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lot and the open space. This brush management zone will provide a minimum 60-foot buffer
to potential wildland fires, protecting residential lots from encroachment by fire in the open
space and reducing the potential fire hazards.
In accordance with Section 1I.C of the Carlsbad Landscape Manual, a Fire Suppression Plan
must be provided for the project site. This plan will be subject to review by the Fire Chief,
and shall consist of a written and graphic plan illustrating fire hydrant locations, rear yard
setbacks, fire control planting, emergency/maintenance access, brush management
responsibility and schedule of frequency, and details of street widths.
Cantarini
3.1 1.5 Presence of Agricultural Chemicals
The potential for the presence of hazardous agricultural chemicals in surface soils on the
Cantarini site led to the preparation of a Limited Phase I1 ESA for the property in January
2001. Results from laboratory tests indicated that detectable concentrations of harmful
chemicals were not identified in on-site soils. Following thorough assessment of the
property, the San Diego County Department of Environmental Health issued a closure letter
indicating that sufficient study of the property had been performed and that hazardous
chemical contamination was not likely to exist on site. Thus, there is no impact related to
contaminated soil on site.
3.12 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Holly Springs
3.12.1 Archaeological Resources
Archaeological survey of the Holly Springs site did not identify significant resources, and
determined that the potential for undiscovered subsurface resources to be low. In order to
reduce the potential for adverse affects to archaeological resources, the developer shall
implement the following measures: a) Brush clearing in the fuel management zone will be
done by hand, and no grubbing or other subsurface disturbing brush removal will be done; b)
If machinery is used, or if subsurface disturbance will occur from brush removal, additional
mitigation will be necessary in the fuel management zone; c) Any disturbance of the open
space easement portion of the site will be avoided. These measures are included as conditions
of tentative map approval for Holly Springs.
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And Statements of Overriding Considerations
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3.1 3 POPULATION/HOUSING
Cantarini/Holly Springs
3.13.1 Modification of Zone 15 LFMP Buildout Projections
Implementation of the Cantarini and Holly Springs projects would result in a reduction in the
number of residential units and population from that associated with the approved Zone 15
LFMP. Public Services and Utilities implementation of the project would not adversely
impact planned or current levels of service for public facilities such as sewer, water, open
space, parks, libraries, fire, and police. This is due to the reduction in the number of units
anticipated for the site. As a result, the proposed projects are not anticipated to have a
significant adverse impact to planned residential unit count, population, or growth patterns in
the area.
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And Statements of Overriding Considerations 68 10/13/2OO4
Cantarini/Holly Springs Developments
4.0 Findings Concerning Feasibility of Project
Alternatives
4.1 APPLICABLE STANDARDS
Under CEQA, whenever a public agency considers approving a project for which the EIR concludes
that notwithstanding the incorporated mitigation measures, there will nonetheless remain significant
impacts that are not avoided or lessened below a level of significance, the public agency must
consider and make findings regarding the feasibility of alternatives discussed in the EIR. As stated in
CEQA $2 1002:
“[It] is the policy of the State that public agencies should not approve
projects as proposed if there are feasible alternatives or mitigation
measures available which would substantially lessen the significant
effects of such projects.. .The legislature fbrther finds and declares
that in the event specific economic, social, or other conditions make
infeasible such project alternatives or mitigation measures, individual
project may be approved in spite of one or more significant effects
thereof.”
The Final EIR concludes that after incorporation of the mitigation measures outlined in Section 2
above, the projects would still have the following significant and unmitigable environmental impacts:
A. A cumulative air quality impact related to the generation and emission of ozone-
producing pollutants as a result of the San Diego Air Basin being a non-attainment area
for ozone emissions.
CEQA Guidelines $ 15091 states that the determination of the infeasibility of alternatives must
evaluate any economic, social, or other considerations related to’ the alternatives and as compared to
the projects as proposed in the EIR. “Feasible” is defined in CEQA Guidelines $15364 as “capable
of being accomplished in a successful manner within a reasonable period of time, taking into account
economic, environmental, legal, social, and technological factors.” At the same time, infeasibility is
not equated with impossibility, and case law recognizes that an alternative or mitigation measure may
also be infeasible if it is undesirable or impractical from a policy standpoint.
In undertaking the comparative analysis called for under CEQA in considering the feasibility of
project alternatives, it is also necessary to keep in mind the project objectives as expressed in the
Final EIR. The project objectives of the Cantarini and Holly Springs project objectives, as listed in
Section 2.3 of the EIR, are as follows:
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And Statements of Overriding Considerations
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69 IO/] 3/2w
0 Develop a range of single- and multi-family residential land uses on both the Cantarini
and Holly Springs sites consistent with the City of Carlsbad General Plan and the Sunny
Creek Specific Plan.
Implement the biological resources goals of the City of Carlsbad draft HMP through
establishment of interconnected blocks of natural open space totaling approximately 100
acres. The biological habitat corridors preserved as a part of both projects are also
intended to connect with planned open space on adjacent properties.
Provide affordable housing within the multi-family portion of the Cantarini project.
Realize an acceptable rate of return on the costs associated with project approval and
development.
0
0
4.2 FINDINGS ON PROJECT ALTERNATIVES
Chapter 9 of the EIR includes three specific project alternatives, including two “No Project
Alternatives” (the ‘No Development Alternative” and the “No Specific Plan / Existing General Plan
Alternative”) and the “Alternative Design to Provide Consistency with Habitat Management Plan.”
Chapter 9 also includes a discussion of the alternatives already considered but rejected and an
explanation of why it is infeasible to select an alternative site location.
4.2.1 Alternatives Considered But Rejected
The alternatives considered but rejected discussion describes how the design of the project
has been repeatedly revised over the years to address identified environmental impacts during
the initial environmental review of the projects. The projects, as described in the EIR,
represent a substantial reduction in the number of residences that would be constructed on the
site, which is the reason why a reduced project alternative was not further analyzed in the
EIR (the project, in effect, is the reduced project alternative). Further, under CEQA
Guidelines 0 15092(c), the lead agency is precluded from reducing housing density if it finds
that other specific mitigation measures are available that will provide comparable levels of
mitigation. As these Findings establish, all of the potentially significant effects, through the
adoption of the specific mitigation measures, have been reduced to below a level of
significance except cumulative air quality. As the finding on air quality is based on the fact
that the air basin is currently not in compliance with applicable air quality standards, the
reduction in housing units would NOT result in the cumulative impact being reduced below a
level of significance
4.2.2 Alternative Sites
Section 9.3 is the Alternative Sites Analysis, which explains that the projects propose the
development of private parcels of land amid other private lands owned by various entities,
and that the Cantarini and Holly Springs landowners do not own additional land in the area.
CEQA Findings of Fact
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~
While there are undeveloped parcels of land in the vicinity of the project sites, determining
suitable alternative sites for the Cantarini and Holly Springs developments would entail the
purchase of additional land or large land swaps with neighboring landowners. It is therefore
considered to be infeasible that alternative development sites be considered for these projects.
4.2.3 No Development Alternative
The No Development Alternative assumes that the project sites would remain in their current
states. As the land would remain uninhabited, save the single-family residence located on the
Cantarini site and the trailer homes that support the crop cultivation on site, impacts to
transportation, public services and utilities, air quality, and noise, which are usually
associated with residential development, would be avoided. The property would continue to
be utilized for agricultural production. While it would eliminate impacts related to the
proposed project, the No Development Alternative is not feasible considering economic,
social, policy, legal, and other environmental considerations, as well as the project objectives.
The following issues make the No Development Alternative infeasible.
a. The private property owner has legal rights of reasonable beneficial use of its
property, consistent with uniformly applied policies, ordinances, regulations,
and constitutional protections. The No Project Alternative is essentially a
denial of beneficial use by the property owners of the subject properties.
b. The No Development Alternative is inconsistent with the City’s General Plan,
Housing Element, and Growth Management Program, which identifies and
permits a range of housing types and other uses on the properties. No
development would be inconsistent with the City’s responsibility under State
Planning Law to adopt and implement a General Plan that provides for the
orderly and balanced use of land within a particular jurisdiction.
c. A portion of the multi-family residential units constructed as part of the
Cantarini project would be affordable housing units that would aid the City in
meeting its obligations under State law to provide its regional fair share of
affordable housing. The No Development would preclude affordable housing
on the site and, thus, not contribute to the City’s affordable housing
obligations.
d. While the properties would remain undeveloped, the No Development
Alternative would not dedicate the 118.49 acres of HMP open space and
protect open space with conservation easements. The open space would not
be managed for the benefit of wildlife species and for the education of the
public.
CEQA Findings of Fact
And Statements of Overriding Considerations 71 1011 312004
Cantarini/Holly Springs Developments
e. The properties would continue to be utilized for agricultural production, but
in terms of agricultural resources impacts the No Development Alternative
would conflict with the City’s General Plan policy of allowing agricultural
land usage on an interim basis until appropriate planning has been completed.
f. By the properties remaining undeveloped, existing surface water runoff and
sediment would remain uncontrolled and unfiltered by improvements that
would be implemented as a part of the project. Runoff on the site would
continue to contribute pollutants and sediment to Agua Hedionda Creek and
Lagoon.
g. The City would not benefit from the range of development fees and other
exactions that would serve to support public facilities and infrastructure
maintenance, installation, and improvement. The City’s Growth Management
Program and facilities performance standards would be jeopardized as the
cost of additional facilities and infrastructure to serve existing and future
citizens, and sources of those funds and facilities, were spread proportionately
for other future developments to finance and implement.
4.2.4 No Specific PladExisting General Plan Alternative
The Existing General Plan (Existing Plan) Alternative would entail future development on
the project sites consistent with the intent of the existing General Plan designations for
projected development. The alternative assumes that the project would not be implemented
in accordance with the Sunny Creek Specific Plan. Alteration of the HMP’s hardline area
designations would be avoided, and all designated open space would remain consistent with
present conditions. Grading would most-likely still be performed, and impacts to aesthetics
would remain. The Existing Plan Alternative would be undesirable or infeasible for the
following reasons.
a. The existing General Plan land use designation allowing 3.2 ddac would
result in a higher projected population on the project site than was projected
under the Zone 15 LFMP for the Sunny Creek Specific Plan Area (2.88
ddac). While the Zone 15 LFMP does not anticipate any problems with the
adequacy of the various public services and utilities examined to
accommodate the existing projected density, the Existing Plan alternative
would present a greater strain on these services than would the proposed
project.
b. The Existing Plan Alternative would result in a greater amount of traffic than
would the proposed projects, which may congest the local circulation system
and require additional roadway improvements in the area.
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~~
c. A greater amount of development on the site would reduce the amount of
HMP open space that would be preserved on the site.
4.2.5 Alternative Design to Provide Consistency With Habitat Management Plan
The Alternative Design to Provide Consistency with Habitat Management Plan (HMP
Alternative) would entail modifications in the proposed development areas of the project to
avoid the need for adjustment of the HMP Hardline Preserve Area boundary, as is a feature
of the Proposed Projects. The HMP Alternative has been identified as the Environmentally
Superior Alternative.
One of the Hardline Preserve Area locations proposed for revision within the project is along
“A” Street in the southern portion of the Cantarini site. The roadway alignment - as
proposed - would cross a wetland feature. The HMP Alternative would avoid or minimize
impacts to on-site wetland crossings by moving the offer-of-roadway dedication alignment
for “A” Street on the Cantarini property to the north approximately 40 feet. This revision
would entail removal of residences from the Proposed Project, as no other alignment for “A”
Street is possible given the location of the wetlands and the proposal to locate residential
units in the southern portion of the property.
Despite the avoidance of HMP Hardline Preserve impacts, the HMP Alternative is considered
infeasible, undesirable, or unwarranted for the following reasons.
a. Although the Proposed Projects would involve minor revisions to the
Hardline Preserve Areas, the biological resources impacts associated with
these proposed hardline revisions are completely mitigated by measures
incorporated into the Proposed Project. As discussed in the FEIR, habitat
preservation in accordance with the HMP combined with implementation of a
habitat creation and enhancement plan as well as implementation of a long
term open space monitoring and management plan reduces the impacts to
those areas affected by the required revision to a level of less than significant.
Considering that the Proposed Projects involve implementation of the
standard habitat-related mitigation measures identified in the HMP, the
Alternative would not provide a substantial benefit in terms of habitat impacts
or preservation of natural open space when compared to the Proposed
Projects.
b. With the exception of a possible redesign of units in the vicinity of “A” Street
to avoid the wetlands, it is not anticipated that the modifications to the project
envisioned in the Alternative would change the conclusions of the EIR
analysis regarding any other issue areas. With the exception of the redesign
of the A street crossing to avoid wetlands, none of the other modifications
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And Statements of Overriding Considerations
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73 1011 312004
identified in the alternative would avoid or substantially lessen impacts to
biological resources identified for the Proposed Projects in the FEIR.
C. Avoidance of wetlands associated with “A” Street proposed in the Alternative
would either require a substantial redesign of the streets and lots in the
vicinity to avoid the drainage and wetlands that are perpendicular to the street
or use of a culvert or bridge crossing under “A” Street. No other alignment
for “A” Street is possible given the location of the wetlands and the proposal
to locate residential units in the southern portion of the property.
d. Pursuant to CEQA Guidelines 0 15092(c) discussed above, housing units are
not to be reduced if other feasible mitigation measures would provide
comparable levels of mitigation. The “Alternative Design to Provide
Consistency with Habitat Management Plan” does not provide materially
superior mitigation of biological impacts and would result in the potential loss
of units in connection with the redesign. As other equally effective specific
mitigation measures are required that provide comparable levels of
protection, the discussed alternative is infeasible as conflicting with Guideline 9 15092(c).
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And Statements of Overriding Considerations
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5.0 Statement of Overriding Considerations
As discussed in Section 4.1 of these CEQA Findings, the FEIR concludes that the Proposed Projects,
even with incorporation of all feasible mitigation measures and consideration of alternatives, will
nonetheless have significant cumulative impacts on air quality. The cumulative impacts all arise from
the marginal contribution the Proposed Projects will make, when combined with the impacts from
existing and other hture projects, to pre-existing regional air basin conditions that fail to meet
applicable standards currently.
The City has adopted all feasible mitigation measures with respect to cumulative regional air quality
impacts, which may have substantially lessened the impacts, but have not been successful in reducing
them below a level of significance. Under CEQA, before a project which is determined to have
significant, unmitigated environmental effects can be approved, the public agency must consider and
adopt a “statement of overriding considerations” pursuant to CEQA Guidelines 15043 and 15093.
As the primary purpose of CEQA is to hlly inform the decision makers and the public as to the
environmental effects of a Proposed Project and to include feasible mitigation measures and
alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless
recognizes and authorizes the approval of projects where not all adverse impacts can be hlly
lessened or avoided. However, the agency must explain and justify its conclusion to approve such a
project through the statement of overriding considerations setting forth the Proposed Project’s
general social, economic, policy or other public benefits which support the agency’s informed
conclusion to approve the Proposed Project.
The city finds that the Proposed Project has the following substantial social, economic, policy and
other public benefits justifiing its approval and implementation, not withstanding not all
environmental impacts were hlly reduced below a level of significance”.
A. Citv General Plan and Policies. The Proposed Projects are consistent with the City’s General Plan
and Policies in that they provide for single and multiple family residential development, as well as
open space. The range of housing product types for both projects are compatible with existing
neighborhoods in the area and are located so as to harmonize and largely complete the residential
neighborhoods and supporting amenities for that portion of the City until buildout.
B. Growth Management Program; Zoning. The Proposed Projects are hlly consistent with the
density limitations, including the Growth Management control point (Zone 15 of the City Growth
Management Plan, Local Facilities Management Plan (LFMP) and would result in a reduction in the
number of residential units from that allowed by the growth management cap on total housing units
in Zone 15 of the LFMP. Neither project has sought an increase in zoning or density. The standards
that will guide the entire buildout of the Proposed Project and the Local Facilities Management Plans
setting forth the phasing and timing of needed public infrastructure. These programs assure the
Proposed Project will develop as a balanced whole and needed public infrastructure and facilities will
CEQA Findings of Fact
And Statements of Overriding Considerations 75 10/13/2004
Caniarini/Holly Springs Developments
be provided commensurate with need in order to meet the performance public facilities performance
standards of the City’s Growth Management Program.
C. Housing and Employment Opportunities. The Proposed Projects will have a maximum of 228
units (Cantarni -1 85 units /Holly Springs 43 units) residential units and a total of 1 18.49 acres of
open space (Cantarini-58.93 acres/Holly Springs-59.56 acres). The range of housing types vary
from 148 single family detached residential units to 80 affordable multiple-family housing units,
located and sized to compliment the housing types in surrounding neighborhoods. These units will
assist Carlsbad in providing sufficient, desirable, affordable and safe housing.
D. Affordable Housing. The Proposed Projects will provide 40 multiple-family units as workforce
affordable housing within the Cantarini tentative map boundaries in full compliance with the City’s
Affordable Housing Inclusionary Ordinance and policies. This commitment fulfills the 1 5 percent
inclusionary housing requirement for the proposed projects in that the 40 units will be owned and
managed to provide workforce housing to Carlsbad employees who meet the income limitations
beginning at 80% of the area median income levels. This represents the continuation of an existing
successful policy and is necessary to meet the City’s obligations and commitments to increased
housing opportunities in Carlsbad.
E. Open Suace. Approximately 1 18.49 acres or (43 percent) of the Proposed Projects combined area
consists of open space. Open Space (Cantarini - 58.93 acreshlolly Springs -59.56 acres) is proposed
in accordance with the City Habitat Management Plan. The Master Plan Open Space program
consists of a) open space for the preservation of natural resources; b) open space for outdoor
recreation; c) open space for public health and safety; recreation areas, trails; and landscaped
parkways. The Draft Habitat Management Plan (draft HMP) for Natural Communities was approved
by the City of Carlsbad in 1999 with the intent of providing a “. . . comprehensive, citywide, program
to identify how the City, in cooperation with federal and state wildlife agencies, can preserve the
diversity of habitat and protect sensitive biological resources within the City while allowing for
additional development consistent with the General Plan and Growth Management Plan. In so doing,
the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive
species in conjunction with private development projects, public projects, and other activities which
are consistent with the Plan.” As a part of the planning process for the draft HMP, a Citywide
interconnected open space preserve system was identified. During development of the draft HMP,
representatives for the Cantarini and Holly Springs properties submitted site designs showing
anticipated open space and urban development areas on the site to the City. The site designs were
incorporated into the draft HMP in 1999. Portions of both the Cantarini and the Holly Springs sites
are identified as approved hardline preserve areas in the draft HMP. Further, the extensive onsite
habitat and open space preserves will be perpetually managed by a qualified conservation entity to
preserve, enhance and protect the environmental and open space habitat values and the costs of
maintaining and protecting this habitat will be paid for by the developer through an endowment
funding the conservation entity’s efforts.
CEQA Findings of Fact
And Statements of Overriding Considerations
Cantarini/Holly Springs Developments
76 10/13/2004
F. Citwide Road Network Improvements. As a part of the proposed Cantarini project, College
Boulevard, a critical northhouth circulation element roadway, would be extended from the existing
terminus at Sunny Creek Road to the College BoulevardCannon Road intersection. As a part of the
proposed Cantarini project, core improvements to College Boulevard would be constructed outside of
the subdivision boundary. The core improvements to College Boulevard would consist of an 18-foot
lane in each direction with an unimproved median. Two lanes plus full frontage improvements will
be required along the College Boulevard street frontage within subdivision boundaries.
G. Stormwater Managemenfllood Protection. The Proposed Projects will provide for the
construction of an important citywide stormwater detention Basin BJ, which is a vital link in the
citywide stormwater/flood control plans. Basin BJ, along with other detention and flood control
basins in the affected drainage area, will significantly contribute to protecting the Rancho Carlsbad
Mobilehome Community, and other low laying areas in the drainage basin, from periodic flooding.
CEQA Findings of Fact
And Statements of Overriding Considerations 77 10/13/2OO4
CantaridHolly Springs Developments
Page 1
Cantarini/Holly Springs Developments Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
for the
CANTARINUHOLLY SPRINGS DEVELOPMENTS
EIR 02-02
LEAD AGENCY
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Date: October 2004
-22 t) E .. P m 0
Page 4
Cantarini/Holly Springs Developments Mitigation Monitoring and Reporting Program
Impact
BIO-C-6: Impacts to the
coastal California
gnatcatcher, a federally
and state listed and MHCP
target species, could occur
during removal of Diegan
coastal sage scrub. These
impacts would be significant and require
mitigation.
BIO-C-7: If trees
containing active raptor
nests are removed during the breeding season
(March-September),
impacts may occur. These
impacts would be
considered significant under the CDFG code and
the MBTA.
Mitigation Measures
BIO-C-6: See Mitigation measure BIO-C-I for mitigation of upland
habitat impacts, which address the coastal sage scrub and other upland habitat mitigation. Impacts to active coastal California
gnatcatcher nests can be avoided by removing the Diegan coastal
sage scrub within the project area outside of the breeding season
(February 15 to August 30). Biologists will monitor all vegetation
removal to ensure no direct impacts to individual birds.
If work will occur during the breeding season, a pre-construction
clearance survey will be conducted by a qualified biologist to ensure that no nests are located in or within a 200-foot buffer
around the proposed footprint.
If the draft HMP is not approved, these impacts will require either a
federal Endangered Species Act Section lO(a)(l)(A) or Section 7 approval from the federal regulatory agencies.
Temporary fencing shall be required in all locations of the project
where proposed grading or clearing is within 100 feet of proposed
biological open space. Fencing shall be placed on the impact side
and shall result in no vegetation loss within open space. All
temporary fencing shall be removed only after the conclusion of all
grading, clearing and construction.
BIO-C-7: To avoid potential impacts to nesting raptors, trees will
be removed between September and January, outside of the
breeding season of local raptor species. If trees will be removed
during the breeding season, a qualified biologist will conduct a
raptor nest survey prior to any removals to determine if raptor nests are present. If an active raptor nest is discovered, a buffer
(typically 500 feet) will be established around the tree and work
postponed within that area until the young are independent of the
nest site.
Responsible
Monitoring Party
City of Carlsbad Planning Department
California
Department of Fish
and Game;
U.S. Fish and
Wildlife Service
City of Carlsbad
Planning Department
Required Time of
Application
Prior to the issuance of any grading permit for
the Cantarini
Subdivision and after
receipt of state and
federal agency
approvals, if required
Prior to the issuance of
the first grading permit
for the Cantarini
Subdivision and
during construction
Monitoring
Frequency
Periodic
inspection during clearing
and grubbing
Periodic
inspection
during grading
or construction
near active
raptor nests
Shown on Plans/
Completion Date
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Statush'otes
Page 5
Cantarini/Holly Springs Developments
Mitigation Measures
Holly Springs BIO-HS-I: As discussed in Section 2.0, Project Description, it is
Impact Responsible Required Time of
Monitoring Party Application
City of Carlsbad Prior to the approval
Holly Springs
BIO-HS-1: Diegan coastal
sage scrub and native grassland are sensitive
natural communities under
CEQA. Impacts to these
habitat types would be considered significant and
require mitigation.
to the lots is revegetated with native species.
BIO-HS-2: Impacts to 26.22 acres of Diegan coastal sage scrub will
be mitigated by the on-site preservation of 43.70 acres of coastal
sage scrub and off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for 8.74 acres. Impacts to 4.07
acres of native grassland will be mitigated through the on-site
preservation of 4.25 acres of native grassland and off-site
acquisition, off-site habitat creation, or purchase of mitigation bank
credits for 7.96 acres. Because the Holly Springs property has been included in the draft HMP as a proposed hardline preserve, no
additional mitigation for impacts to these habitats is required in the
event that the draft HMP is approved.
BIO-HS-3: Impacts to 3.27 acres of non-native grassland will be
mitigated through the on-site preservation of 0.74 acre of non-
native grassland and payment of an in-lieu fee for the remaining 0.90-acre as determined by the City of Carlsbad City Council.
BIO-HS-2: Impacts to Diegan coastal sage scrub and native grassland are
considered significant by
the City of Carlsbad and
would require mitigation in the event the draft HMP
is approved.
City of Carlsbad
Planning Department
Prior to the issuance of
the first grading permit
for the Holly Springs Subdivision
If habitat creation is
used the habitat
creation plan must be initiated prior to the
issuance of the first
grading permit for the
Holly Springs
Subdivision
Prior to the issuance of
the first grading permit
for the Holly Springs Subdivision
City of Carlsbad
Planning Department BIO-HS-3: Impacts to non-native grassland are considered significant by
the City of Carlsbad and
would require mitigation.
the understanding of the applicant for Holly-Springs that in
accordance with a 1999 agreement with the CDFG additional mitigation for impacts to sensitive biological resources would not
be required provided that future development of Holly Springs is
consistent with the draft HMP hardlines. If it is determined in the
future that mitigation is required, impacts to 26.22 acres of Diegan
coastal sage scrub will be mitigated by the on-site preservation of
43.70 acres of coastal sage scrub and either off-site acquisition, off-
site habitat creation, or purchase of mitigation bank credits for 8.74
acres of coastal sage scrub. Impacts to 4.07 acres of native
grassland will be mitigated through the on-site preservation of 4.25 acres of native grassland and off-site acquisition, off-site habitat
creation, or purchase of mitigation bank credits for 7.96 acres.
If required, an option for mitigation of impacts associated with future development of Lots 49-52 of the Holly Springs is
restoration of coastal sage scrub and native grassland habitat on the
Cantarini site. If such off-site restoration is chosen as the
mitigation option, then a portion of the restoration necessary to address impacts of Lots 49-52 will be accomplished on the Cantarini site prior to development of the lots. Mitigation
requirements for the future lots will be satisfied when the necessary
restoration is completed on the Cantarini site and the area adjacent
Planning
Department; California Department of Fish
and Game
of the Final Map for
the Holly Springs
Subdivision and after
receipt of approval by
CDFG
If habitat creation is
used the habitat
creation plan must be
initiated prior to the
issuance of the first grading permit for the
Holly Springs
Subdivision
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
Once, upon
completion
Once, upon
completion
Once, upon
completion
Shown on Plans/
Completion Date
Verification:
Date Init.
Name
Verjkation :
(Lots 49-52)
Date Init.
Name
Verification:
Date Init.
Name
Veriification :
Date Init.
Name
StatudNotes
Page 6
CantarinikIolly Springs Developments
Impact
BIO-HS-4: Impacts to
agricultural lands are
considered significant by the City of Carlsbad and
would require mitigation
in the event the draft HMP
is approved.
BIO-HS-5: Impacts to
coastal sage scrub that
supports California adolphia, a CNPS List 2
species, would be
considered significant and
would require mitigation.
BIO-HS-6: ImDacts to the
coastal California
gnatcatcher, a federally and state listed and MHCP target species, could occur
during removal of coastal
sage scrub. These impacts would be significant and
require mitigation.
Mitigation Measures
BIO-HS-4: Impacts to 1.06 acres of agricultural lands will be mitigated through the preservation or conversion of 3.23 acres to
native vegetation once the current agricultural practices are
abandoned and the four lots in the final phase (Phase VI) lots are
developed.
BIO-HS-5: Impacts to California adolphia will be mitigated by the
on-site preservation of 3.10 acres of Diegan coastal sage scrub
containing this species.
BIO-HS-6: See Mitigation measure BIO-HS-1 and BIO-HS-2 for mitigation of upland habitat impacts, which address the coastal sage
scrub, and other upland habitat mitigation. Impacts to active
coastal California gnatcatcher nests will be avoided by removing
the Diegan coastal sage scrub within the project area outside of the breeding season (February 15 to August 30). Biologists will monitor all vegetation removal to ensure no direct impacts to
individual birds.
If work will occur during the breeding season, a pre-construction
clearance survey will be conducted by a qualified biologist to
ensure that no nests are located in or within a 200-foot buffer
around the proposed footprint.
If the draft HMP is not approved, these impacts will require either
a federal Endangered Species Act Section lO(a)(l)(A) or Section 7
approval from the federal regulatory agencies.
Responsible
Monitoring Party
Citv of Carlsbad
Plahing Department
City of Carlsbad
Planning Department
City of Carlsbad
Planning Department
California Department of Fish
and Game; US. Fish and
Wildlife Service
Required Time of
Application
Prior to the issuance of grading permits for
Phase VI lots of the
Holly Springs
Subdivision
If habitat creation is
used the habitat creation plan must be
initiated prior to the
issuance of the first
grading permit for the
Holly Springs
Subdivision
Prior to the issuance of
the first grading permit
for the Holly Springs
Subdivision
Prior to the issuance of
the first grading permit
for the Holly Springs
Subdivision and after receipt of state and
federal agency
approvals, if required.
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
Once, upon completion
Once, upon
completion
Periodic
inspection
during clearing
and grubbing
Shown on Plans/
Completion Date Verification:
Date Init.
Name
Veri@cation:
Date Init.
Name . ..~~~.
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
StatudNotes
Page 7
Cantariniklolly Springs Developments
Required Time of
Application Impact Monitoring
Frequency
BIO-HS-7: If trees
containing active raptor
nests are removed during
the breeding season (March - September),
impacts may occur. These
impacts would be
considered significant
under the CDFG code and the MBTA.
Cantarini/Holly Springs
BIO-C/HS-I: Significant
indirect impacts to
sensitive biological
resources within proposed
open space areas could
result from activities associated with future
adjacent urban uses. In
accordance with the draft
HMP, an agreement is
required between the City and the applicant to
maintain proposed open
space areas and provide
for an effective monitoring
program to avoid
significant impacts to
sensitive biological
resources.
Plan must be prepared
by the developer and
approved by the City, USFWS and CDFG
prior to recordation of
Final Maps for the Cantarini and Holly
Mitigation Measures
Once, upon
completion of
plan
Temporary fencing shall be required in all locations of the project
where proposed grading or clearing is within 100 feet of proposed
biological open space. Fencing shall be placed on the impact side and shall result in no vegetation loss within open space. All
temporary fencing shall be removed only after the conclusion of all
grading, clearing and construction.
BIO-HS-7: To avoid potential impacts to nesting raptors, it is
recommended that trees should be removed between September and
January, outside of the breeding season of local raptor species. If
trees will be removed during the breeding season, a qualified
biologist will conduct a raptor nest survey prior to any removals to
determine if raptor nests are present. If an active raptor nest is discovered, a buffer (typically 500 feet) will be established around
the tree and work postponed within that area until the young are
independent of the nest site.
CantarinUHolly Springs
BIO-C/HS-1 : Long-term Maintenance Annuity. In order to provide
for the cost of the long-term maintenance and biological monitoring
program for the preserve a long-term management program will be
defined and funded. The property owner/on-site environmental
manager will initially propose a scope of work for the long-term
management program. The scope of work will then be subject to
review by the City and Wildlife Agencies. Based upon the scope of
work and associated costs agreed to by the developer or their successors and the City, a funding mechanism for the long-term
maintenance can be an annuity or other mechanism agreed to by the
developer and the City. The long-term maintenance program will
be a separate agreement between the City and an appropriate
conservation or open space management entity. The specific
measures listed below will be implemented as a part of the Long-
Term Management Program to address issues associated with: I)
Approval of the Conceptual Mitigation Monitoring Plan; 2)
Funding Mechanisms; 3) Trails Criteria; 4) Open Space
Management and Maintenance; and 5) Contractor Education Program.
1. Approval of Conceptual Mitigation and Monitoring Plan by
City and Wildlife Agencies
a. The draft Conceptual Mitigation and Monitoring Plan will
be subject to approval by the City and Wildlife Agencies.
Final plant pallets for all open space habitat restoration
efforts and landscaping within graded and revegetated areas
adjacent to the open space preserve areas shall be reviewed
b.
Responsible
Monitoring Party
City of Carlsbad
Planning Department
~~
City of Carlsbad
Planning Department
U.S. Fish and
Wildlife Service
California
Department of Fish
and Game
Mitigation Monitoring and Reporting Program
Shown on Plans/
Completion Date
Verification:
Date Init.
Name
Verification:
Date hit.
Name
Ver$cation: (Cantarini)
City:
Date Init.
Name
Verification:
(Holly Springs)
Date Init.
Name
Status/Notes
Page 8
CantaridHolly Springs Developments
Impact Mitigation Measures
and approved by the USFWS and the City to ensure that
exotic invasive plants are not included in the plant palette.
2. Funding Meshanisms
a. Funds are to be committed and the approved Mitigation
and Monitoring Plan are to be submitted prior to issuance of the take permit.
The following measures shall be requirements of the long-term management program and incorporated into
the agreements for long-term maintenance between the
Developer, the City and the Open Space Management
Entity:
b.
1. The funding mechanism utilized will be an
appropriate funding mechanism for long-term
maintenance of open space such as a non-wasting endowment.
2. The long-term management program scope of
work and ultimate plan shall be reviewed and
approved by the appropriate local, state and
federal agencies.
The long-term management plan and funding
mechanism shall be implemented prior to or
concurrently with the initiation of construction.
3.
3. Trails Criteria
All existing dirt trails not proposed for use shall be
closed and revegetated.
All proposed trails near sensitive species such as
occupied gnatcatcher habitat will be will be closed
during the breeding season (February through August)
in the vicinity of any known nests to avoid harassment and nest abandonment. Closure of the trails will be the responsibility of the conservation or open space
management entity. Seasonal surveys will be completed
to determine presence/absence of nests in the vicinity of
trails. If occupied nests are encountered, signage or
other appropriate measures will be used to indicate
closure of the trails.
All proposed trails shall be well demarcated with clearly
marked access areas, including trailhead markers
wherever a trail connects to a sidewalk, and have signs - discouraging off trail access and use.
Responsible Monitoring Party Required Time of Application
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
Shown on Plans/
Completion Date
StatuslNotes
Page 9
Cantarini/Holly Springs Developments
Impact Mitigation Measures
d.
e.
f.
g.
h.
1.
j.
Horses will only be allowed on trails approved for horse
use and clearly signed for that use.
Monitoring will be initiated for cowbirds with trapping
if they are found within the draft HMP hardline areas.
Horse use will be restricted during the rainy season and
posted December through March.
The management and monitoring plan will address
issues of horse use, including such items as: limits on
maximum number of horse trips per week, regular
manure removal and trail maintenance; enforcement of
no staging areas or trailering to site; trail surface
materials to provide some filtering; and compaction.
Equestrian use trails located upslope from any wetlands
will include earth berms on the upslope creek side to reduce the ability for run-off to reach either vegetation or the wetlands.
Wetland features will be fenced to prevent access by horses. Sufficient buffers between equestrian trails and
wetland features will be required to prevent direct runoff
from horse urine or manure from reaching such
wetlands.
There will be no crossing of wetland features other than
those adjacent to roads for which conspan crossings of
such features are proposed.
4. Open Space Management and Maintenance
a. Stream and pond monitoring for water quality will be
conducted through the San Diego stream team or other
such means to assure that if there is polluted run-off
adaptive management action will be taken.
Cleared vegetation, topsoil and duff from grading areas
within Holly Springs and Cantarini shall be deposited in
HMP open space areas as appropriate to provide erosion
control, develop native vegetation, provide weed control
and provide native plant propagules, nutrients and
fungal mycorhizae.
As a condition of the tentative maps for Cantanni and
Holly Springs, deed restrictions will be placed on all lots
bordering protected open space prohibiting direct access and use of any invasive plants.
b.
c.
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
Shown on Plans/ Completion Date StatudNotes
Page 10
Cantarini/Holly Springs Developments
Prior to the issuance of
any grading permits
for the Cantarini
Subdivision and
during construction
Impact
Ongoing, Verification:
periodic inspection
during grading Date Init.
and
Air Quality
Cantarini
AQ-C-I : The air quality
analysis identified that
construction related PMlO
and residential fixed emissions of PMlO resulting from the
Cantarini development
would have potentially
significant effects to air
quality.
Mitigation Measures
All residents will be provided informational materials
addressing what they can do to minimize the edge
effects on the open space including control of pets, rodent control, bird feeding, trash containers, and use of
designated trails.
Artificial night lighting associated with streets and
homes in the proposed project shall be shielded and
directed away from the open space. Residents shall be
given information regarding the potential negative
effects of indirect lighting on animals within the
preserved open space.
No grading, permanent encroachment or revegetation efforts shall extend into the existing SDG&E easement
located along the eastern border of Lot 47 on Holly
Springs.
5. Contractor Education Program
A contractor education program shall be developed as part of the
scope of work for the management plan, to ensure that contractors,
involved in development of the project during construction or
revegetation efforts, educate project personnel regarding avoiding
impacts to biological resources on site. The education program
shall include the following elements:
1) Personnel shall be aware of threats to biological
resources associated with project implementation including trampling, soil disturbance, attraction of
predators due to trash, nuisance water, and
chemical pollutants.
2) All equipment storage and staging areas should be
placed as far from conserved habitat as possible
and must be within the project footprint.
Responsible Monitoring Party
Cantarini
AQ-C-I: This section describes the mitigation measures that are
required to reduce air quality effects to below the level of significance for the Cantarini project. All project construction
activities are subject to the City of Carlsbad Grading Ordinance and
are required to implement BMP measures to reduce impacts from
fugitive dust and construction related emission. The following
mitigation measures should be included as conditions of approval
of grading permits and be the responsibility of the applicant or
contractor:
City of Carlsbad
Engineering
Department and City
Public Works
Inspector
I
Required Time of
Application
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
Shown on Plans/
Completion Date
StatudNotes
Page 11
Cantarini/Holly Springs Developments
Mitigation Measures
Mitigation for Gradine Area Particulates (PMlOI Sources.
Impact Responsible Monitoring Party
City of Carlsbad
Apply non-toxic soil stabilizers according to
manufacturers’ specification to all inactive construction
areas (Le., previously graded areas inactive for 10 days or
more).
In disturbed areas, replace ground cover as quickly as
possible.
Enclose, cover, water twice daily, or apply non-toxic soil
binders according to manufactures’ specification to
exposed piles (i.e., gravel, sand, and dirt) with 5 percent silt
content.
Water active sites twice daily.
Suspend all excavating and grading operations when wind
speeds exceed 25 miles per hour (mph).
All trucks hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least 2 feet of
freeboard (Le., minimum vertical distance between top of
the load and the top of the trailer) in accordance with the requirements of California Vehicle Code (CVC)
Section 23 114.
Mitieation for Paved Construction Road Particulates (PMIO)
Sour e e s
0 Sweep streets at the end of the day if visible soil material is
carried onto adjacent public paved roads (recommended
water sweepers with reclaimed water).
Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks and any
equipment leaving the site.
0
Mitigation for UnDaved Construction Road Particulates
pMlOI Sources
Apply water three times daily, non-toxic soil stabilizers
according to manufactures’ specification to all unpaved
roads, and parking or staging areas.
Traffic speeds on all paved roads to be reduced to 15 mph I
Planning Department
and Building
Department
Required Time of Application
Prior to the issuance of
any building permits
for the Cantarini
Subdivision
Mitigation Monitoring and Reporting Program
Monitoring Frequency
Once, upon
completion of
application for
building permit
Shown on Plans/
Completion Date
Verification:
Date hit.
Name
StatudNotes
Page 12
Cantarini/Holly Springs Developments
Show on grading plans prior to the issuance of
the first grading permit
for the Cantarini
Subdivision
Prior to the occupancy of the effected units on the multi-family
and single-family
developments
Impact
Once, upon completion
Once, upon
completion
CantaridHolly Springs
AQ-C/HS-I : Both of the
proposed project sites are within a basin that has a
nonattainment status for
03 and the projects would
contribute to the
generation of this
pollutant, thereby having a
cumulatively significant
air quality impact.
Mitigation Measures
Pave construction roads that have a traffic volume of more
than 50 daily trips by construction equipment or 150 total daily trips for all vehicles.
Pave all construction access roads at least 100 feet on to the
site from the main road.
Mitiration Recommended for Residential Fixed Particulates
JPMlo) Sources
The following mitigation measure shall be responsibility of the
contractor and implemented prior to inhabitance of any of the
proposed units.
0 Install gas-burning devices “fireplaces” which would not be
subject to NSPS particulate emission requirements.
CantarinVHolly Springs
AQ-C/HS-1: No mitigation is proposed.
Adopt Statements of Overriding Considerations
Cantarini
N-C-1: The noise analysis concluded that lots 1-7, 14 (multiple family
residential lot), 16-23, and
38 will be exposed to
exterior and/or interior
noise levels, which would
be generated by traffic
using the adjacent College
Boulevard extension. The
analysis determined that implementation of the
Cantarini project would
not generate significant
adverse noise levels.
I Cantarini I N-C-1: To reduce the exterior and interior noise levels to below the
level of significance at the affected lots within Cantarini, the noise
analysis recommends the following mitigation measures:
To reduce exterior noise levels to below the 60 dBA CNEL
threshold, on the Cantarini property, a noise barrier with a surface
density of at least 3.5 pounds and of 5-6 feet in height shall be
constructed at the top of slope of Lots 1-7, 16-23 and Lot 38. Prior
to issuance of a grading permit the applicant shall indicate the
location of the noise barrier on the tentative map for review and
approval by the City.
An interior acoustical analysis should be completed by the
applicant or contractor prior to the occupancy of the units on the effected lots, to evaluate the potential need for further measures.
Responsible Monitoring Party
City of Carlsbad
Planning and
Building
Departments
City of Carlsbad Planning and
Building
Departments
Required Time of
Application
Mitigation Monitoring and Reporting Program
Monitoring
Frequency
I
Shown on Plans/
Completion Date
Veriycation :
Date hit.
Name
Verification:
(Multi-Family)
Date hit.
Name
Status/Notes
Impact
To reduce interior noise levels to below the 45-dBA CNEL
threshold, the noise analysis shall require the use of air- conditioning and/or mechanical ventilation and the installation of
sound-rated windows for Lots 1 -7, 14 (multiple family site), 16-23
and Lot number 38. These measures shall be incorporated into the
interior acoustical analysis and added to proposed residential units,
Mitigation Measures
I prior to the occupancy of the units.
Prior to the issuance of
the first building
permit for the
Cantarini multi-family and single-family
residential
developments
Responsible
Monitoring Party
Once, upon completion City of Carlsbad
Planning and
Building
Departments
Mitigation Monitoring and Reporting Program
Shown on Plans/
Completion Date
Verification:
(Single-Family Residential)
Date Init.
Name
Verification: (Multi- Family)
Date Init.
Name
Verification:
(Single-Family Residential)
Date Init.
Name
StatudNotes
Page 14
Cantarini/Holly Springs Developments
Impact Mitigation Measures Responsible Required Time of Monitoring Shown on Plans/ Monitoring Party Application Frequency Completion Date
Mitigation Monitoring and Reporting Program
StatuslNotes
Water Quality
Cantarini
WQ-C-I: The construction
of the proposed Cantarini project would involve
substantial potential to
generate runoff-containing
pollutants including TDS
and sediment. TDS and
sediment are the main
pollutants identified by the
CWA 2002 as problematic
in the Agua Hedionda
Creek and Agua Hedionda
Lagoon. Therefore, the
construction of the
proposed project would
have a significant adverse
impact to water quality, in
the short-term.
Holly Springs
WQ-HS-I: The
preliminary SWPPP for
the proposed Holly Springs project provides
measures to ensure that
there would be no short-
term impacts to water
quality as a result of the project. However, without a formal final SWPPP,
construction and grading
operations represent a
short-term significant
adverse impact to water
quality as a result of the
potential for such
operations to generate
pollutants and in particular
TDS and sediment, which are pollutants of concern
in Agua Hedionda Creek
and Agua Hedionda
Lagoon.
Cantarini
WQ-C- 1 : Prior to obtaining a grading permit, the Cantarini project
applicant shall obtain a General Permit under the state National
Pollutant Discharge Elimination System (NPDES) and a Municipal Storm Water Permit under the San Diego NPDES. In connection
with obtaining these permits, the applicant shall develop and submit
a final Storm Water Pollution Prevention Plan (SWPPP). A final
SWPPP for the project will be prepared and will identify BMPs
described in the impact analysis and in the preliminary SWPPP to
satisfy the San Diego and state NPDES requirements. The SWPPP
will provide mitigation of construction and grading activities for the
project to ensure that no short-term significant adverse impacts to water quality occur. As a result no hrther mitigation measures are
required. BMPs must comply with local zoning building codes and
other regulations and all structural BMPs must be reviewed and
approved by the City Engineer as part of the permitting process for the Cantarini project.
Holly Springs
WQ-HS-1: Prior to obtaining a grading permit, the Holly Springs
project applicant shall obtain a General Permit under the state
National Pollutant Discharge Elimination System (NPDES) and a
Municipal Storm Water Permit under the San Diego NPDES. In
connection with obtaining these permits, the applicant shall develop
and submit a final Storm Water Pollution Prevention Plan
(SWPPP). A final SWPPP for the project will be prepared and will
identify BMPs described in the impact analysis and in the
preliminary SWPPP to satisfy the San Diego and state NPDES
requirements. The SWPPP will provide mitigation of construction
and grading activities for the project to ensure that no short-term significant adverse impacts to water quality occur. As a result no hrther mitigation measures are required. BMPs must comply with
local zoning building codes and other regulations and all structural
BMPs must be reviewed and approved by the City Engineer as part
of the permitting process for the Holly Springs project.
City of Carlsbad
Engineering
Department
City of Carlsbad
Engineering Department
Prior to the issuance of
the first grading permit for the Cantarini
Subdivision
Prior to the issuance of
the first grading permit
for the Holly Springs
Subdivision
Once, upon
completion
Once, upon
completion
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Page 15
CantariniEIolly Springs Developments
Impact Mitigation Measures Responsible Required Time of Monitoring Monitoring Party Application Frequency
Mitigation Monitoring and Reporting Program
Shown on Plans/ StatudNotes Completion Date
Geology
Cantarini
GEO-C-I: The potential
for strong ground motion,
and related ground
rupture, resulting from
potential earthquake
events occurring on nearby
major faults is a
significant geologic/soils
impact affecting both the
Cantarini and Holly Springs developments.
GEO-C-2: The compressible potential of the soils on the Cantarini
site makes them unsuitable
for construction support
and is a significant
geologic/soils impact affecting the Cantarini development.
GEO-C-3: Clay units encountered on the
Cantarini project site may
have a moderate to high
expansion potential. This
is considered to be a significant impact.
The compressible potential
of the soils on the
Cantarini site makes them
unsuitable for construction
support and is a significant
geologic/soils impact
affecting the Cantarini
Cantarini
GEO-C-I : Proposed design improvements shallconsider the relatively strong seismic accelerations associated with the projects
locality (Seismic Zone 4, Uniform Building Code) and conform to
all City engineering and design standards and implement any
remediation recommendations contained in the project
Soils/Geologic Report).
GEO-C-2: The existing undocumented fill soils, topsoil/collovium,
and alluvium on the Cantarini site are considered compressible and
subject to settlement under load. These soils shall be removed,
moisture conditioned, and replaced as compacted fill in areas to receive additional fill or improvements in a manner that conforms
to all City engineering and design standards and also implements
any remediation recommendations contained in the project
Soils/Geologic Report.
CEO-'2-3: Cut slopes, especially those constructed within the
Santiago Formation and Point Loma Formation, shall be observed and mapped during construction by an engineering geologist. If potentially adverse conditions are encountered (is., out-of-slope
bedding, clay seams, fractures), mitigation measures recommended
by the geotechnical consultant shall be complied with. These
measures may include construction of the slope(s) at a shallower
slope angle or construction of a drained stability fill buttress(es). All such mitigation measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Ceologic Report.
CEO-C-4: If development is proposed in the area of the springs and pond on the eastern portion of the site, special grading and drainage
measures (i.e., subdrainage) may be necessary to control surface
and subsurface water, which measures shall conform to all City
engineering and design standards and implement any remediation
recommendations contained in the project Soils/Geologic Report. (Addresses significant effect CEO-C-2)
City of Carlsbad
Building Department
City of Carlsbad
Engineering
Department
City of Carlsbad
Engineering
Department
City of Carlsbad
Engineering
Department
Prior to the issuance of
the first building
permit for the Cantarini single-
family residential
development
Prior to the issuance of the first building permit for the
Cantarini Multiple
family residential site
Prior to the approval
of grading plans and
concurrent with
grading
Ongoing during the
grading for the Cantarini development
Prior to the issuance of the first grading permit
for the Cantarini
Subdivision
Once, upon
completion
Ongoing throughout
grading
operations
Ongoing
throughout
grading
operations
Ongoing, concurrent with
grading
Verification:
(Single-Family
Development)
Date Init.
Name
Vertfication:
(Multi-Family)
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name
Verification:
Date Init.
Name -
Page 16
Cantarini/Holly Springs Developments Mitigation Monitoring and Reporting Program
Impact
development.
Clay units encountered on
the Cantarini project site
may have a moderate to high expansion potential. This is considered to be a significant impact.
Holly Springs
GEO-HS-1: The potential
for strong ground motion,
and related ground rupture, resulting from
potential earthquake
events occurring on nearby
major faults is a
significant geologic/soils
impact affecting both the
Cantarini and Holly
Springs developments.
GEO-HS-2: The
compressible potential of the soils on the Holly Springs sitepakes them
unsuitable for construction
support and is a significant
geologic/soils impact
affecting the Holly Springs development.
GEO-HS-3: Clay units
encountered on the Holly Springs project site may
have a moderate to high
expansion potential. This
is considered to be a significant impact.
The compressible potential
of the soils on the Holly
Springs sitepakes them
unsuitable for construction support and is a significant
geologic/soils impact
affecting the Holly Springs
development.
Mitigation Measures
GEO-C-5: Expansive clay soils on the site may be used as
structural fill but shall not be placed within 5 vertical feet of finish
grade unless proposed foundations are designed for expansive soils.
Use of such expansive clay soils shall conform to all City
engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report.
(Addresses significant effect GEO-C-3.)
HOIIY Springs
GEO-HS-1 : Proposed design improvements shall consider the
relatively strong seismic accelerations associated with the projects
locality (Seismic Zone 4, Uniform Building Code) and conform to
all City engineering and design standards and implement any
remediation recommendations contained in the project Soils/Geologic Report.
GEO-HS-2: The existing undocumented fill soils,
topsoil/collovium, and alluvium on the Holly Springs site are
considered compressible and subject to settlement under load.
These soils shall be removed, moisture conditioned, and replaced as
compacted fill in areas to receive additional fill or improvementsjn a manner that conforms to all City engineering and design
standards and also implements any remediation recommendations
contained in the project Soils/Geologic Report.
GEO-HS-3: Cut slopes, especially those-constructed within the
Santiago Formation and Point Loma Formation, shall be observed
and mapped during construction by an engineering geologist. If potentially adverse conditions are encountered (i.e., out-of-slope bedding, clay seams, fractures), mitigation measures recommended
by the geotechnical consultant shall be complied with. These
measures may include construction of the slope(s) at a shallower
slope angle or construction of a drained stability fill buttress(es).
All such mitigation measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project SoildGeologic Report.
GEO-HS-4: If development is proposed in the area of the springs and pond on the eastern portion of the site, special grading and drainage measures (i.e., subdrainage) may be necessary to control
surface and subsurface water, which measures shall conform to all
City engineering and design standards and implement any
remediation recommendations contained in the project
Soils/Geologic Report. Such measures shall be included as a condition of approval of the Holly Springs tentative map or grading
Responsible
Monitoring Party
City of Carlsbad
Engineering
Department and
City of Carlsbad
Building Department
City of Carlsbad
Building Department
City of Carlsbad
Engineering
Departments
City of Carlsbad
Engineering
Department
City of Carlsbad
Engineering
Department
Required Time of
Application
Ongoing throughout
the grading phase of
the Cantarini project
Review of foundations
prior to issuance of building permits
Prior to the issuance of
any building permit
for the Holly Springs
development
Prior to the approval
of grading plans and
concurrent with
grading
Ongoing during the
grading phase for the
Holly Springs
development
Prior to the issuance of the first grading permit for the Holly Springs
Subdivision
Monitoring
Frequency
Ongoing,
throughout
grading
operations
Once, upon completion
Ongoing throughout
grading
operations
Ongoing
throughout
grading
operations
Ongoing,
concurrent with grading
Shown on Plans/
Completion Date
Verification:
Date hit.
Name
Verification:
Date hit.
Name
Ver$cation :
Date Init.
Name
Verification:
Date hit.
Name
Verification:
Date Init.
Name
StatudNotes
Page 17
Cantarini/Holl y Springs Developments
Mitigation Measures
plan, whichever comes first, (Addresses significant effect GEO-
CEO-HS-5: Expansive clay soils on the site may be used as
structural fill but shall not be placed within 5 vertical feet of finish
grade unless proposed foundations are designed for expansive soils.
Use of such expansive clay soils shall conform to all City
engineering and design standards and implement any remediation
recommendations contained in the project Soils/Geologic Report.
(Addresses significant effect GEO-HS-3.)
HS-2.)
Mitigation Monitoring and Reporting Program
Responsible Required Time of Monitoring Party Application
City of Carlsbad Ongoing throughout Engineering the grading phase of
Department the Holly Springs
project
Review of foundations
prior to issuance of
building permits
City of Carlsbad
Building Department
Impact
Clay units encountered on
the Holly Springs project
site may have a moderate
to high expansion
potential. This is
considered to be a
significant impact.
Hazardous Material!
Cantarini
HAZ-C- 1 : A minor
amount of localized
traswdebris has been
observed on site on the Cantarini site. Improper
cleanup and disposal of
this debris, especially any
waste material associated
with the abandoned vehicle on the site, has the potential to harm the
public and the
environment, which would
represent a significant
environmental impact.
Holly Springs
HAZ-HS- 1 : Based upon
the historical and ongoing use of the subject property for agricultural purposes,
there is a chance that
persistent residue from the
application of certain
hazardous chemicals could
remain near the surface
soil in portions of the site.
HAZ-HS-2: A minor
amount of localized
trash/debris has been
observed on site on the Holly Springs site.
Improper cleanup and
disposal of this debris,
especially any waste
material associated with
Cantarini
HAZ-C-1: Prior to the commencement of grading on the Cantarini
site, all trash, debris, and waste materials discovered on site shall be
disposed of off site, in accordance with current local, state, and
federal disposal regulations. Any materials containing petroleum residues encountered during property improvements should be evaluated prior to removal and disposal following proper
procedures. Any buried trash/debris encountered should be
evaluated by an experienced environmental consultant prior to
removal.
Holly Springs
HAZ-HS-I: Prior to the aooroval of anv eradine Dermit for the .. I - -. Holly Springs site within agricultural production areas, a detailed
agricultural chemical residue survey shall be prepared in accordance with the City’s Standard Agricultural Area Mitigation
Condition. As a part of the mitigation condition, the report shall be
presented to the San Diego County Department of Environmental
Health Site Assessment Voluntary Assistance Program for review
and comment. Unless otherwise instructed, the residue survey shall consist of surficial soil sampling from depths of !4 foot and I-% feet within areas planned for grading, as well as within previous
and current storage and chemical mixing areas.
HAZ-HS-2: Prior to the commencement of grading on the Holly
Springs site, all trash, debris, and waste materials discovered on site
shall be disposed of off site, in accordance with current local, state,
and federal disposal regulations. Any materials containing
petroleum residues encountered during property improvements
shall be evaluated prior to removal and disposal following proper
procedures. Any buried traswdebris encountered shall be evaluated
by an experienced environmental consultant prior to removal.
City of Carlsbad
Planning and
Engineering
Departments
City of Carlsbad
Planning and
Engineering Departments
City of Carlsbad
Planning and
Engineering
Departments
Prior to the issuance of
the first grading permit
for the Cantarini
Subdivision
Prior to the issuance of
the grading permit for Phase VI of the Holly Springs Subdivision
and after receipt of
DEH approval
Prior to the issuance of
the first grading permit
for the Holly Springs
Subdivision
Monitoring
Frequency
Ongoing, throughout site
grading
operations
Once, upon
completion
Once, upon completion
Once, upon
completion
Date hit.
Name
Verijication :
Date hit.
Name
Verification:
Date hit.
Name
Verification:
Date Init.
Name
Page 18
CantaridHolly Springs Developments
Impact Mitigation Measures Responsible Required Time of
Monitoring Party Application
the abandoned vehicle, has
the potential to harm the
public and the environment, which would represent a significant
environmental
Mitigation Monitoring and Reporting Program
StatudNotes Monitoring Shown on Plans/
Frequency Completion Date
development of the
Cantarini and Holly
Springs properties will not have an adverse impact to
any known or recorded
prehistoric or historic
resource. This finding is
based on the results of the
RECON (Benyman and
Cheever 1999) site
evaluations that
determined that none of
the four sites within the
project area are significant
under CEQA. In the
RECON document (2001)
it was noted that
radiocarbon dates were in
process for three of the
sites (CA-SDI-9092,9094,
and 15546). The presence of prehistoric sites within
the project area, including
sites SDI-5782 and SDI-
9093, indicates a pattern of
past use by local native people. Prehistoric sites
were identified on the
Holly Springs sire that
would not be directly
impacted by project grading or indirectly
impacted by brush
management activities.
Even though the sites have
been determined through
archaeological testing to
not be significant scientific
resources, Luiseno people from the San Luis Rey
Cantarini/Holly Springs
ARCH-C/HS-I: As a means of mitigating cultural concerns of the Luiseno people, monitoring of grading in the archaeological site
locations shall be performed by either knowledgeable Luisenos or
archaeologists. The field monitors shall have the authority to
temporarily halt grading and to examine prehistoric resources if they are encountered. Prior to the commencement of grading, the
Construction Contractor shall meet with Archaeological Monitor to
determine when grading and archaeological monitoring would take
place in proximity to the archaeological sites.
Prior to commencement of grading the developer shall enter into a
pre-excavation agreement with a representative of the San Luis Rey
Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human
remains, burial, ceremonial or cultural sites that may be uncovered
during any ground disturbance activity.
Prior to commencement of grading, a qualified archaeologist shall place temporary fencing along the perimeter of site HS-1. Hand clearing within the fenced portion of HS-1 shall be allowed under
supervision by a qualified archaeologist or Luisenos.
In the event archaeological features are discovered, the
archaeological monitor shall be empowered to suspend work in the
immediate area of the discovery until such time as a data recovery
plan can be developed and implemented. Work outside the area of
the find shall proceed along with the continuation of archaeological
monitoring.
__~~
City of Carlsbad
Planning Department
Hiring qualified
archeologist/
initial coordination
with Luiseno people
prior to issuance of a
grading permit
Monitoring throughout
grading activity on the
Cantarini and Holly
Springs sites
Concurrent with initial
grubbing and
grading
Verification:
(Cantarini)
Date Init.
Name
Verification:
(Holly Springs)
Date Init.
Name
Page 19
Cantarini/Holly Springs Developments Mitigation Monitoring and Reporting Program
Impact
Band have expressed
:oncern regarding
potentially significant
impacts to buried deposits
in association with project
Srading.
PALEO-C/HS-I: Grading for Cantarini and Holly
Springs projects may
involve disturbance of
Cretaceous and Quaternary
age formations.
Destruction of any fossils
that may exist in these formations would
represent a significant
impact.
Mitigation Measures
PALEO-C/HS- 1 : The following paleontological resources
monitoring program shall be implemented during construction for the Cantarini and Holly Springs projects:
The owner shall contract with a paleontologist to be on site at the time of excavation and a report of the findings shall be submitted to the City following completion of excavation.
Prior to the issuance of the grading permit, the applicant shall
provide a letter stating that a Qualified Paleontologist has been
retained to implement the monitoring program described in this plan. A Qualified Paleontologist is defined as any person holding
an advanced degree in paleontology or closely related discipline
such as geology or paleobiology, and also having at least four years
of experience with the geological formations of San Diego County.
The Qualified Paleontologist shall supervise Paleontological Field
Monitors utilized during the project. Minimum qualifications for
Paleontological Field Monitors shall be a Bachelors degree in
paleontology or closely related discipline such as geology or
paleobiology plus one year of experience with the geological formations of San Diego County.
All persons involved in the paleontological monitoring of this
project shall be approved by City staff prior to the start of any
construction excavation. The applicant shall notify City staff of the start and end of the construction.
The Qualified Paleontologist shall attend any preconstmction
meetings to make comments andor suggestions concerning the
monitoring program as it specifically relates to the construction
plans and schedule. All areas requiring monitoring shall be noted
on the grading plans of the job foreman and the Paleontological
Field Monitor. It is the job foreman’s responsibility to notify
Qualified Paleontologist 24 hours prior to grading areas where
monitoring is required.
The Qualified Paleontologist or Paleontological Field Monitor shall be present on site full-time during excavations in moderately or
highly sensitive geological formations. In the event that fossils are
encountered, the Paleontological Field Monitor shall notify the job
foreman and shall have the authority to divert, re-direct, or
temporarily stop ground disturbing activities in the area of a
discovery to allow an initial assessment of the deposit as well as to
Responsible
Monitoring Party
City of Carlsbad
Planning Department
Required Time of
Application
PladHiring qualified
paleontologist must be complete Prior to the
issuance of the first
grading permit for the
Cantarini andor Holly Springs Subdivisions
Monitoring throughout
grading activity on the Cantarini and Holly
Springs sites
Monitoring
Frequency
Ongoing
throughout
grading phase
Shown on Plans/
Completion Date
Veriftcation: (Cantarini)
Date Init.
Name
Veriftcation:
(Holly Springs)
Date Init.
Name
StatudNotes
Page 20
Cantanni/Holly Springs Developments
Impact Mitigation Measures
ecover samples. A fossil discovery may be of a caliber that the
3ualified Paleontologist must evaluate its significance to determine
if a larger salvaging program is required to mitigate adverse
impacts. All discovered fossil sites shall be recorded at the
San Diego Natural History Museum in conformance with their
standard procedures.
If the Qualified Paleontologist determines that a discovery is
significant, then he or she will prepare a salvage plan that specifies
the techniques to be used for the recovery of fossils in a timely fashion. The City staff must review and approve the salvage plan
prior to its implementation and prior to the resumption of
excavation anywhere near the discovery locale.
All fossil remains recovered during the monitoring program shall
be cleaned, sorted, repaired, and cataloged. Specialized studies
such as palynology, grain-size, or radiometric analyses shall be
conducted as appropriate and with the approval of the City
environmental staff. Ultimately, all recovered specimens, field
notes, photographs, sketches, catalogs, special studies and related
items will be prepared for curation in an appropriate institution.
The project applicant shall curate all collections and associated data with a qualified local scientific institution. The applicant shall
formally transfer legal title to the collections to the receiving
institution and shall provide a copy of the letter of acceptance from
the qualified curation facility in an appendix to the final monitoring
report.
The Qualified Paleontologist shall be responsible for preparing an
appropriate technical report to fully document the results of the
monitoring program. Minimally, negative monitoring reports must
briefly describe the construction project, list the personnel utilized, and specify the dates monitoring was performed. The field
methods used must be identified and a summary of the observed
stratigraphy shall also be provided.
If fossils are encountered and collected during the monitoring
program, the monitoring report shall include some or all of the following information as appropriate. The methods discussion shall
include techniques used in the salvage effort in addition to a
complete description of the various laboratory methods used
including any special studies undertaken. The stratigraphy of each collecting locality shall be described and a full description of all
invertebrates, reptiles, birds and mammals collected or observed
shall be provided. The results of any special studies shall be
presented along with a discussion of the importance of the total
collection to expanding our knowledge of the prehistoric past.
Responsible
Monitoring Party
Required Time of Application
Mitigation Monitoring and Reporting Program
Monitoring Frequency
Shown on Plans/
Completion Date
StatudNotes