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HomeMy WebLinkAboutGPA 06-09; Muroya Subdivision; General Plan Amendment (GPA) (11)Page 1 of 9 PROJECT NAME: Muroya Subdivision FILE NUMBERS: GPA 09-09/ZC 06-08/SP 2030/LCPA 09-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 APPROVALDATE: ~Ju~n~e~2~2~20~1~0~---------------------- The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type 1. To offset the conversion of non-prime agricultural land Prior to to urban land uses per the requirements of the Mello II recordation of Segment of the City of Carlsbad Local Coastal the final map or Program, the applicant shall provide payment of an issuance of a agricultural conversion mitigation fee, the amount of grading permit which shall not be less than $10,000 for each net converted acre (7.90 acres) of non-prime agricultural land. 2. Prior to recordation of the final map, mitigation for Prior to impacts to 1.56 acres of Group-F Disturbed Lands shall recordation of be mitigated by payment of an in-lieu mitigation fee. the final map 3. The project applicant shall dedicate on the Final Map Prior to and record an open space and conservation easement recordation of over Open Space Lot 4 to prohibit any encroachment, the final map development, grading, or alterations. Explanation of Headings: Type -Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks =Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. Shown on Verified Remarks Plans Implementation Agricultural ~~ mitigation fee 1t.l 11 \'1-"'~ of $79,000 was paid on 11/14/2011. Paid through AS grading ,-z..f" /'1-D' 3 permit GR110008 ~s f,.G, I ,_.o 13 Shown on sheet 4 of ,,! nl '1-ol'> \'I.·~ 1 I map no. 15846 Page 2 of 9 Mitigation Measure 4. Prior to recordation of the Final Map a regevetation plan must be submitted to and approved by the Planning Director to mitigate the loss of 0.29 acres of Southern Maritime Chaparral (SMC) by restoring 0.87 acres (3: 1 ratio) onsite and preserve the 5.1 acres of remaining SMC on Open Space lot 4. The applicant shall also mitigate for the loss of 0.27 acres of Southern Mixed Chaparral by restoring 0.27 acres (1:1 ratio) onsite and preserve the remaining 0. 77 acres of Southern Mixed Chaparral on Open Space Lot 4. 5. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, which possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. Explanation of Headings: Type-Project, ongoing, cumulative. Monitoring Type Prior to recordation of the final map Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown Verified on Plans Implementation ~<; ~s \1-1'''1.0'~ \t,j "' 1)>1; Remarks Submitted through final landscape plans. a. San Diego Habitat Conservancy has been selected. b. PAR was prepared on 11/7/2011 by the San Diego Habitat Conservancy c. A non- wasting endowment of $327,461.68 has been provided for management and monitoring. Page 3 of 9 Mitigation Measure Monitoring Type c. Based on the results of the PAR, provide a non- wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 6. Prior to recordation of the final map, the Developer shall Prior to dedicate an open space easement over the 20 ft. wide recordation of habitat buffer area to prohibit any encroachment, the final map development, grading, or alterations, except for fuel modification to Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. 7. No clearing, grubbing, grading or other construction Prior to issuance activities shall occur onsite during the avian nesting of a grading season (February 15 through August 30), unless a permit. qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans =When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown on Verified Remarks Plans lmolementation d. Open space easement recorded on map no. 15846. e. Preserve management Plan prepared by Dudek in July 2011. ~s Open space ~'7 \ 1--o\', easement I ..... , :, shown on map ,-vj II 1'!)11 no. 15846. Monitored p.~ -; during l ol construction. I '(...I'' ,_. Project complied. Page 4 of 9 Mitigation Measure 8. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season (February 15 through August 30). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 31). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 9. Fire Management: A Fire Protection Plan has been included as part of the project design and includes a 60-foot wide fire suppression zone between the proposed structures (Lots 21-27, 29 and 35-37) and the HMP Preserve boundary to the west. Fire Suppression Zones 2 and 3, which are closest to the HMP Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. Explanation of Headings: Type -Project, ongoing, cumulative. Monitoring Type Prior to issuance of a grading permit. Shown of Final Landscape Plans, Building Plans and project CC&R's Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department · Planning Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown on Plans Verified Implementation Remarks Monitored during construction. Project complied. Verified through final landscape plan check and at site inspection. Page 5 of 9 Mitigation Measure Monitoring Type 10. Erosion Control: Prior to issuance of a grading Shown on Final permit, the applicant shall obtain approval of an erosion Grading and control plan. The plan shall identify areas susceptible Landscape to erosion on the property and immediately adjacent to Plans. the HMP Preserve. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the HMP Preserve. 11. Landscaping Restrictions: The project shall prohibit Shown of Final the use of any non-native, invasive plant species in Landscape landscaping adjacent to the HMP Preserve, or in any Plans, Building area where undesirable plant materials may have an Plans and opportunity to spread into the preserve area. The Final project CC&R's Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff from spreading into the preserve. 12. Fencing, Signs and Lighting: A 4 to 5 ft. tall black Shown of Final vinyl coated chain link fence shall be constructed along Landscape the entire boundary where Open Space Lot 3 and the Plans, Building proposed open space HMP Preserve Area (Lot 4) Plans and converge. Signage shall be installed on the fence to project CC&R's educate and inform the public about the goals of HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Homeowner lighting restrictions shall be included in the project CC&Rs. Explanation of Headmgs. Type -Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Planning Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown Verified Remarks on Plans Implementation Shown on ~ approved ~s grading plans l"~i" 1.,_ot7 dated ,...I'' ,.J II 10/19/2011. Shown on approved final 1:\~ landscape l'J..o\3 plans dated ,~'' 11/1/11. Shown on ~ ; approved final landscape ,J"I1Pl plans dated 11/1/11. Page 6 of 9 Mitigation Measure Monitoring Type Monitoring Department 13. Predator and Exotic Species Control: Project Include in project Planning CC&R's shall educate homeowners regarding CC&R's responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. 14. Archeological mitigation measures shall be implemented as follows: a. 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 this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre- construction meeting to consult with the grading and excavation contractors. Explanation of Headings: Type -Project, ongoing, cumulative. Prior to issuance of a grading permit Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. Shown on Plans Verified Implementation Remarks Stated in Section 4.21.7of project CC&R's. a. Pre- excavation agreement executed on 7/6/2011. Signed by Melvin J. Vernon of San Luis Rey band of Mission Indians. No artifacts discovered. Paae 7 of9 Mitigation Measure Monitoring Type Monitoring d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological 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. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 15. Paleontological mitigation measures shall be Prior to issuance implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre- construction meeting to consult with the grading and excavation contractors. Explanation of Headings: Type -Project, ongoing, cumulative. of a grading permit Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Department Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown Verified Remarks on Plans Implementation a. Dr. Thomas A. Demere from the San Diego Natural History Museum was retained for paleontologic al services. b. Above mentioned paleontologist was present at pre-con meetings. Page 8 of 9 Mitigation Measure c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Type Monitoring Department Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. Shown Verified Remarks on Plans Implementation c. Paleontologic a\ monitors from the San Diego Natural History Museum were on site during grading and excavation. No fossils were discovered on site. Page 9 of 9 Mitigation Measure Monitoring Type g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 16. Prior to the recordation of the final map or the issuance Prior to the of building permits, whichever occurs first, the recordation of Developer shall prepare and record a Notice that this the final map or property is subject to overflight, sight and sound of the issuance of aircraft operating from McClellan-Palomar Airport, in a building permits, form meeting the approval of the Planning Director and whichever the City Attorney (see Noise Form #2 on file in the occurs first Planning Department). 17. Developer shall post aircraft noise notification signs in Prior to the all sales and/or rental offices associated with the new recordation of development. The number and locations of said signs the final map or shall be approved by the Planning Director (see Noise the issuance of Form #3 on file in the Planning Department). building permits, whichever occurs first 18. The Developer shall comply with and implement all Prior to and recommendation measures of the "Geotechnical during grading Investigation" prepared by Geocon, Inc, dated July 14, 2009. 19. Prior to demolition of any buildings on the property an Prior to asbestos and lead paint survey shall be conducted by demolition of any a certified assessor for the project structures. buildings or structures Explanation of Headings: Type= Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated. Monitoring Department Planning Planning Engineering Planning Verified Implementation =When mitigation measure has been implemented, this column will be initialed and dated. Remarks= Area for describing status of ongoing mitigation measure, or for other information. RD-Appendix P. Shown on Verified Remarks Plans Implementation Final summary report completed on 1/19/2012. Notice ~~ (? recorded on June 29, I "'1 1 d .,_p 2012. Approved by the City ~~ ,.o''3 Planner along with ,~1 "\ Noise Form 2 as noted above. Recommend ation ~? ~,:, measures r,,' were I"'.-complied with and implemented {l~ Survey ~~~~~1.01; conducted.