HomeMy WebLinkAboutCT 15-11; YADA FAMILY FARM SUBDIVISION; COMPLETED MITIGATION MONITORING AND REPORTING PROGRAM; 2018-11-21Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NO: =CT~lS~--=1=-1 _____________________________ _
APPROVAL DATE/RESOLUTION NU M BER(S): =O-=-ct=o=b=er:....:S=-<1-=2=0=16:....,_/ .:...:72=0=-=1"'-1 .:...:72=0=2'---------------
( City of
Carlsbad
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified
environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure
has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code
Section 21081.6).
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B1O-1 Prior to recordation of a final map or the issuance of a grading or Prior to recordation of a PLN Completed
building permit, whichever occurs first, the applicant shall pay habitat final map or the issuance fJ-in-lieu mitigation fees consistent with the City's Habitat Management of a grading or building
Plan (HMP) for impacts to 3.7-acres of Agricultural Lands (Group-F permit, whichever occurs
Habitat). first
November 21, 2017 -In-Lieu Mitigation Fees entered in Energov under DEV02058.
February 27, 2018-Applicant paid fees.
B1O-2 No habitat removal or construction noises in excess of 60 decibels shall On-going PLN Completed
be permitted during the avian breeding seasons, which is generally fl-defined as January 1st through September 15th. This restriction may be
waived if avian nesting surveys are conducted on all areas within 300
feet of the proposed activity. The results of said survey shall be
provided in a written report to the City Planner for concurrence with
conclusions and recommendations.
July 10, 2018 -Helix Environmental Planning conducted a pre-construction nesting bird survey. No active nests were present within the
project site or adjacent to the project site within 300 feet. A letter dated July 10, 2018 (Helix, CWC-03.03) was submitted and scanned to
the file.
Explanation of Headings
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
Legend
PLN Planning Division
ENG Land Development Engineering Division
BLDG Building Division
Page 1 of 10
MITIGATION MEASURE
CUL-1 The following archeological resource mitigation measures shall be
implemented:
a. Prior to the issuance of a grading permit and commencement of any
ground disturbing activities, the project developer shall retain the
services of a qualified archaeologist to monitor ground-disturbing
activities. The applicant shall provide written verification that a
qualified archaeologist has been retained to implement the
monitoring program. The verification shall be presented in a letter
from the project archaeologist to the lead agency.
b. The qualified archaeologist shall attend a preconstruction meeting
to consult with grading and excavation contractors concerning
excavation schedules and safety issues; and to further explain and
coordinate the requirements of the monitoring program.
c. The qualified archaeologist shall be on-site during all grading,
trenching, and other ground-disturbing activities unless otherwise
agreed upon by the archaeologist and city staff.
d. In the event any potential cultural resource is uncovered during the
course of the project construction, ground-disturbing activities in the
vicinity of the find shall be redirected until the nature and extent of
the find can be evaluated by the archeologist. If cultural resources
are encountered, the archaeologist shall have the authority to
temporarily halt or redirect grading/trenching while the cultural
resources are documented and assessed. If archaeological resources
are encountered during excavation or grading, the archaeological
monitor shall direct the contractor to avoid all work in the immediate
area for a reasonable period of time to allow the archaeologist to
evaluate the significance of the find and determine an appropriate
course of action. The appropriate course of action may include, but
not be limited to avoidance, recordation, relocation, excavation,
documentation, curation, data recovery, or other appropriate
measures. The Project Contractor shall provide a reasonable period
Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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Page 2 of 10
MITIGATION MEASURE
of time for pursuing the appropriate activities, including salvage of
discovered resources. Salvage operation requirements pursuant to
Section 15064.5 of the CEQA Guidelines shall be followed. Recovered
artifactual materials and data shall be cataloged and analyzed.
e. Prior to issuance of building permits for the development of any
future homes, a final summary report shall be completed and
submitted to the City Planner outlining the results of the mitigation
program. The cultural resources monitoring report shall be
completed describing the methods and results of the monitoring and
data recovery program and submitted to the satisfaction of the lead
agency. Artifacts shall be curated with accompanying catalog to
current professional repository standards or the collection will be
repatriated to the appropriate Native American Tribe{s), as specified
in the pre-excavation agreement {pursuant to Mitigation Measure
CUL-2).
f. If any human remains are discovered, all construction activity in the
immediate area of the discovery shall cease immediately, and the
Archaeological monitor shall notify the County Medical Examiner
pursuant to California Health and Safety Section 7050.5. Should the
Medical Examiner determine the human remains to be Native
American; the Native American Heritage Commission shall be
contacted pursuant to California Public Resources Code Section
5097.98. The Native American Monitor {pursuant to Mitigation
Measure CUL-2), in consultation with the Native American Heritage
Commission, shall inspect the site of the discovery of the Native
American remains and may recommend to the City of Carlsbad, and
the project contractor, actions for treating or disposing, with
appropriate dignity, the human remains and any associated grave
goods. The recommendation may include the scientific removal and
nondestructive analysis of human remains and items associated with
Native American burials. The project contractor shall provide a
Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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Page 3 of 10
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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MITIGATION MEASURE
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CUL-2
reasonable period of time for salvage of discovered human remains
before resuming construction activities.
May 25, 2018 -In a letter dated January 15, 2018, Brian F. Smith & Associates Inc. indicates that they have been retained by California West
Communities to conduct archeological, paleontological, and Native American Monitoring.
November 21, 2018 -In a Final Summary dated November 21, 2018, Brian F. Smith & Associates Inc. indicated that the grading, excavations
and earthmoving operations of the project revealed no fossils or fossiliferous sediments of any sort during monitoring. Similarly, no cultural
resources of any sort were observed during monitoring.
The following tribal cultural resource mitigation measures shall be I Prior to issuance of
implemented: grading permit/on-going
a. Prior to the commencement of any ground disturbing activities,
the project developer shall enter into a Pre-Excavation Agreement,
otherwise known as a Cultural Resources Treatment and Tribal
Monitoring Agreement, with the San Luis Rey Band of Mission
Indians. This agreement will contain provisions to address the
proper treatment of any cultural resources or Luisef\o Native
American human remains inadvertently uncovered during the
course of the project. The agreement will outline the roles and
powers of the Luisef\o Native American monitors and the
archaeologist.
b. Any and all uncovered artifacts of Luisef\o Native American cultural
importance should be returned to the San Luis Rey Band of Mission
Indians, and/or the Most Likely Descendant, if applicable, and not
be curated.
c. Native American monitors and archaeological monitors shall have
joint authority to temporarily divert and/or halt construction
activities. If cultural resources are discovered during construction,
all earth moving activity within and around the immediate
discovery area must be diverted until the Luise no Native American
monitor and the archaeologist can assess the nature and
significance of the find.
d. The Luisef\o Native American monitor shall be present at the
PLN/ENG n/a Completed
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Mitigation Monitoring and Reporting Program Page 4 of 10
MITIGATION MEASURE
project's preconstruction meeting to consult with grading and
excavation contractors concerning excavation schedules and
safety issues, as well as consult with the principal archaeologist
concerning the proposed archaeologist techniques and/or
strategies for the project.
e. If a significant cultural resource(s) and/or unique archaeological
resource(s) are unearthed during ground disturbing activities for
this project, the San Luis Rey Band of Mission Indians shall be
notified and consulted regarding the respectful and dignified
treatment of those resources. Pursuant to California Public
Resources Code Section 21083.2(b) avoidance is the preferred
method of preservation for archaeological and cultural resources.
If however, the Applicant is able to demonstrate that avoidance of
a significant and/or unique cultural resources is infeasible and a
data recovery plan is authorized by the City of Carlsbad as the
lead agency, the San Luis Rey Band of Mission Indians shall be
consulted regarding the drafting and finalization of any such
recovery plan.
f. When cultural resources are discovered during the project, if
the archaeologist collects such resources, a Luisef\o Native
American monitor must be present during any testing or
cataloging of those resources. If the archaeologist does not collect
the cultural resources that are unearthed during the ground
disturbing activities, the Luisef\o Native American monitor, may in
their discretion, collect said resources and provide them to the
tribe and respectful and dignified treatment in accordance with the
San Luis Rey Band of Mission Indians cultural and spiritual
traditions.
g. If suspected Native American human remains are encountered,
California Health and Safety Code Section 7050.5 states that no
further disturbance shall occur until the San Diego County Coroner
Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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Page 5 of 10
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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MITIGATION MEASURE
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PALE0-1
has made the necessary findings as to origin. Further, pursuant to
California Public Resources Code Section 5097.98(b) remains shall
be left in place and free from disturbance until a final decision as
to the treatment and disposition has been made. Suspected
Native American remains shall be examined in the field and kept in
a secure location at the site. A Luisefio Native American monitor
shall be present during the analysis of the remains. If the San
Diego County Coroner determines the remains to be Native
American, the Native American Heritage Commission (NAHC) must
be contacted within 24 hours. The NAHC must then immediately
notify the "Most Likely Descendant" of receiving notification of the
discovery. The Most Likely Descendant shall then make
recommendations within 48 hours, and engage in consultation
concerning treatment of remains as provided in Public Resources
Code 5097.98.
h. In the event that fill is imported into the project area, the fill shall
be clean of cultural resources and documented as such. If fill
material is to be utilized and/or exported from areas within the
project site, then that fill shall be analyzed and confirmed by an
archeologist and Luisefio Native American monitor that such fill
material does not contain cultural resources.
May 25, 2018-In a letter dated January 15, 2018, Brian F. Smith & Associates Inc. indicates that they have been retained by California West
Communities to conduct archeological, paleontological, and Native American Monitoring.
June 20, 2018 -Applicant entered into pre-excavation agreement with the San Luis Rey Band of Mission Indians.
The following paleontological resource mitigation measures shall be I Prior to issuance of I PLN/ENG I n/a
implemented: grading permit/on-going
a. Prior to issuance of a grading permit the project developer shall
retain the services of a qualified paleontologist to carry out the
mitigation program outlined herein. (A qualified paleontologist is
defined as an individual with a MS or Ph.D. in paleontology or
geology that is experienced with paleontological procedures and
Completed d~
Mitigation Monitoring and Reporting Program Page 6 of 10
MITIGATION MEASURE
techniques, who is knowledgeable in the geology and paleontology
of San Diego County, and who has worked as a paleontological
mitigation project supervisor in the county for at least one year.)
The applicant shall provide verification that a qualified
paleontologist meeting these requirements has been retained, and
verification shall be documented by a letter from the applicant and
the paleontologist to the lead agency.
b. A qualified paleontologist shall be present at a pre-construction
meeting to consult with the grading and excavation contractors
concerning excavation schedules, paleontological field techniques
and safety issues.
c. A paleontological monitor shall be onsite during all earthwork
operations that extend greater than 4 feet below existing grade. (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. If 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 (e.g., a complete large mammal skeleton) may require an
extended salvage period. In these instances the paleontologist (or
paleontological monitor) shall be allowed to temporarily direct,
divert, or halt grading to allow recovery of fossil remains in a timely
manner. Because of the potential for the recovering of small fossil
remains, such as isolated mammal teeth, it may be necessary to set
up a screen-washing operation on the site.
e. Any fossil remains collected during monitoring and salvage shall be
cleaned, repaired, sorted, identified, and cataloged as part of the
mitigation program.
Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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Page 7 of 10
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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MITIGATION MEASURE
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f. Prepared fossils, along with copies of all pertinent field notes,
photos and maps, shall be deposited (as a donation) in a scientific
institution with permanent paleontological collections such as the
San Diego Natural History Museum. Donation of fossils shall be
accompanied by financial support for initial specimen storage.
g. Prior to issuance of building permits for the development of any
future homes. a final summary report shall be completed and
submitted to the City Planner outlining the results of the mitigation
program. This report shall include discussions ofthe methods used,
stratigraphic section(s) exposed, fossils collected, and significance
of recovered fossils.
May 25, 2018-In a letter dated January 15, 2018, Brian F. Smith & Associates Inc. indicates that they have been retained by California West
Communities to conduct archeological, paleontological, and Native American Monitoring.
November 21, 2018 -In a Final Summary dated November 21, 2018, Brian F. Smith & Associates Inc. indicat ed that the grading, excavations
and earthmoving operations of the project revealed no fossils or fossiliferous sediments of any sort during monitoring. Similarly, no cultural
resources of any sort were observed during monitoring.
Prior to issuance of
grading permit; and
building permits for
construction of
Based on the presence of organochlorine pesticides in the onsite soils, an
application shall be entered into the County of San Diego Department of
Environmental Health (DEH), Site Assessment & Mitigation (SAM)
Voluntary Assistance Program (VAP) for oversight of soils mitigation. Any
removal and/or reburial of affected soils shall be in accordance with San I residential structures.
Diego VAP guidelines. Prior to issuance of a grading permit, applicant
shall submit evidence that the project has been entered in the above
program, and that DEH approves of the project's Property Mitigation Plan
{PMP). Prior to issuance of a grading permit issuance of building permits
for any residential structures, evidence of completion of the above said
program shall be submitted to the Planning Division to the satisfaction of
the City Planner.
PLN/ENG n/a Completed oJJ-
May 22, 2018 -Received letter from County of San Diego, Department of Environmental Health signed by James Clay, Environmental Health
Specialist Ill. Project has been entered into the Voluntary Assistance Program as Case #DEH2018-LSAM-000479. The letter approves the
_E>roject's Property Mitigation Plan (PMP) for Pesticide-Impacted Soils. Based on our edu~tion from the Miles Buena Vista subdivision (as
Mitigation Monitoring and Reporting Program Page 8 of 10
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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instructed by DEH), the developer will need to grade to implement the PMP. Like the Miles Buena Vista subdivision, the timing of this
measure is being changed to prior to issuance of building permits instead of grading permits. Therefore, release of Building Permits (for
construction of residential structures) will be dependent upon completion of the County of San Diego Department of Environmental Health,
Site Assessment & Mitigation (SAM) Voluntary Assistance Program (VAP).
November 14, 2018 -Received Closure Letter from County of San Diego, Department of Environmental Health signed by Colleen Hines,
Program Manager dated November 9, 2018.
HAZ-2 Prior to demolition of the existing structures onsite, an asbestos Prior to issuance of a PLN/ENG n/a Completed
containing materials (ACM) and lead containing paint (LCP) survey shall demolition permit rP-be performed on the site by a licensed asbestos/lead consultant. If ACM
and/or LCP are found to be present, the materials shall be disposed of
by a licensed professional.
Evidence of the work performed shall be submitted to the Planning Prior to issuance of a PLN/ENG n/a
Division prior to the issuance of a grading permit. grading permit
Applied Toxicology, in a survey report dated February 20, 2018 and a letter addendum to said report (June 1, 2018), indicates no lead
detected; however, asbestos was detected in roofing black/grey mastics, interior shed paint and interior wood surface film materials. June
4, 2018 -Sent email to applicant indicating that proper clean-up, in accordance with those recommendations in the report need to occur
and that evidence of work performed shall be submitted to Planning staff prior to issuance of a grading permit.
July 20, 2018 -Received final report (Applied Toxicology, July 17, 2018) regarding clean-up and disposal of ACM . No asbestos fibers were
found to have been released during the asbestos clean-up conducted by the Licensed Contractor Certified in Asbestos Abatement (Force
Environmental Company).
HAZ-3 Once structures have been removed, soils shall be visually evaluated for Prior to grading PLN/ENG n/a Completed
the presence of staining in areas where fuel was formally stored. Any operations ~ stained soil encountered during the redevelopment activities shall be
further evaluated by an experienced environmental consultant prior to
removal.
On July 20, 2018, GeoSoils Inc., investigated the former storage areas for stained soils according to their previous reports and HAZ-3. In a
letter, dated July 23, 2018 (W.O. E7377.3-SC), GeoSoils reported that stained soil was not noted in the areas where previous storage
structures had been demolished; and as a result, no further actions were warranted.
HAZ-4 All trash, debris, and waste materials within the project site shall be During grading ENG n/a
disposed of offsite, in accordance with current local, state, and federal operations
Mitigation Monitoring and Reporting Program Page 9 of 10
MITIGATION MEASURE ' I disposal regulations. Any buried trash/debris encountered shall be
evaluated by an experienced environmental consultant prior to removal.
Mitigation Monitoring and Reporting Program
PROJECT NAME: VADA FAMILY FARM SUBDIVISION
PROJECT NUMBER: CT 15-11
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