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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57491 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 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- 1 2 3 4 5 6 7 8 9 10 11 12 17 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on 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 CEQA Findings of Fact And Statements of Overriding Considerations CantarinilHolly Springs Developments 61 1011 312004 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 Cantarini/Holly Springs Developments 62 10/13/2004 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 Cantarini/Holly Springs Developments 63 10/13/2OO4 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. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 64 lot1 312004 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, CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 65 10/13/2004 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 CEQA Findings of Fact And Statements of Overriding Considerations CantarinilHolly Springs Developments 1011 312004 66 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. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 67 IO/] 312004 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. CEQA Findings of Fact 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: CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 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 And Statements of Overriding Considerations 70 1 0/13/2004 Cantarini/Holly Springs Developments ~ 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. CEQA Findings of Fact And Statements of Overriding Considerations 72 1011 3/20O4 Cantarini/Holly Springs Developments ~~ 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 CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 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). CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 74 IO/] 3/2W 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