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HomeMy WebLinkAbout1990-07-10; City Council; Resolution 90-224. 1 2 3 4 5 6 e 0 RESOLUTION NO. 9 O - 2 2 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIACERTIFYINGACONDITIONALNEGATIVE DECLARATION FOR A GRADING PERMIT TO CONSTRUCT TWO SEWERLINES AND A STORM DRAIN LOCATED NORTH OF BATIQUITOS LAGOON AND SOUTH THE AVIARA MASTER PLAN AREA. ~ WHEREAS, the City Council has considered all factors relating to the Conditional 1\ 7 Batiquitos Lagoon and south of the Aviara Master Plan Area. 8 Declaration for a grading permit to construct two sewerlines and a storm drain located r 9 10 11 12 13 14 15 16 17 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows: 1. That the foregoing recitations are true and correct. 2. That the City Council hereby Certifies the Conditional Negative Dec: according to Exhibits "ND", dated April 26, 1990, "PII" dated April 20, 1990, and the Mi Monitoring Program outlined in Appendix "P" attached hereto and made a part hereof, b the following findings: FINDINGS: 1. The initial study shows that there is no substantial evidence that the projc have a significant impact on the environment provided that mitigating cor of approval are complied with. l9 I 2. The streets are adequate in size to handle traffic generated by the proposed : 20 21 22 23 3. The field surveys conducted by staff and the cultural and biological asse: prepared for the project (Sweetwater Environmental Biologist, 1989) dete that there are sensitive resources located onsite or located so as to be impa this project. In accordance, this project is approved subject to the compliance with Condit 24 25 27 1. Grading activity shall be prohibited during the rainy season, from Octobe: 26 ENVIRONMENTAL CONDITIONS Approval 1-6 discussed below: April 1st of each year. /// 28 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. 3. 4. 5. /// /// /// /// /// /// Construction of the eastern line within the Diegan Coastal Sage Scrub habit as shown on Figure 5, will be prohibited during the Black Tailed Gnal breeding season (March 1 - June 1). All disturbed Diegan Sage Scrub will be revegetated with a representative sf Prior to the issuance of a grading permit, the project applicant shall be reql submit a revegetation program for Planning Director review and a1 Subsequent to the implementation of the revegetation program, the Carlsbad will conduct site inspections to access contract performance M revegetation plan. Two additional site inspections; by the City of Carlsbad conducted at 6 and 18 months following revegetation to evaluate the sua the revegetation attempts are not deemed successful by the City, then the applicant shall be required to revegetate the Diegan Sage Scrub area u habitat is successfully reestablished. Prior to issuance of a grading permit, the project applicant shall be reql submit an exhibit with the grading plans which demarcates all sensitive bic areas (re: riparian, freshwater marsh and Diegan Coastal Sage Scru archeological sites within and immediately adjacent to the project areas. areas shall be verified by a biological and archaeological consultant and : required to be flagged in the field by a qualified archaeological and bic consultant. Temporary fencing shall be required to be constructed to I encroachment by construction equipment. The qualified biologist and archac will consult with the construction foreman and machine operators to educa on the constraints of the area prior to the initiation of grading operations construction, the project biologist will submit a report to the City evaluat grading/construction operation relative to preservatiion of the above me1 sensitive biological resources. Any amount of impact to riparian habit; necessitate the project applicant to mitigate with riparian habitat at a 3: All construction equipment used during construction shall be required to 1 and park outside of all identified sensitive area. No construction equipme. be parked within 100’ of the wetland. Prior to the issuance of a grading permit, the project applicant shall be req1 pay agricultural mitigation fees for any agricultural acreage which is elir through this project. This fee total and structure shall be determined by t of Carlsbad, consistent with the Pacific Rim Country Club and Resort Mas1 (MP-177). II 0 0 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 6. Prior to the issuance of a grading permit, the project applicant shall be req1 submit a full landscape and irrigation plan for review and approval by the PI Director. AU areas impacted by construction (including steep slopes) s required to be re-contoured and fully revegetated. CERTIFIED at a regular meeting of the Carlsbad City Council held on the 10 t h of July , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None ATTEST: -3 WIS, Mayor ANN J. KULCHIN,. Mayor Pro-Tem ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) EXHIBIT ND CONDITIONAL NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The project site is located north of Batiquitos Lagoon and south of the Aviara Master Plan are upon parcels 215-051-04 and 216-121-01. PROJECT DESCRIPTION: A grading permit to construct two sewer lines and a storm drain. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 21 to 45 days of date of issuance. DATED: April 26, 1990 CASE NO: EM 90-3 MICHAEL J.&OLZkfILLER Planning Director APPLICANT: Hillman Properties PUBLISH DATE: April 26, 1990 CDD:lh 2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (61 9) 438-1 16' 0 0 EXHIBIT PI: ENVIRONMENTAL IMJ?ACT ASSESSMENT FORM - PART JI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. EIA 90-3 DATE: APRIL 20, 199 BACKGROUND 1. CASE NAME: HILLMAN PROPERTIES WEST, INC. 2. APPLICANT: HILLMAN PROPERTIES WEST, INC. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT ROAD SUITE 206 (619) 931-1190 Carlsbad, CA 92008 4. DATE EIA FORM PART I SUBMITTED: APRIL 12, 1990 5. PROJECT DESCRIPTION: ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City cor Environmental Impact Assessment to determine if a project may have a significant effect on the envi The Environmental Impact Assessment appears in the following pages in the form of a checkli checklist identifies any physical, biological and human factors that might be impacted by the 1 project and provides the City with information to use as the basis for deciding whether to pn Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that th, or any of its aspects may cause a significant effect on the environment. On the checklist, "NO checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspc project may cause a si&ficant effect on the environment. The project may quahfy for a : Declaration however, if adverse impacts are mitigated so that environmental effects can be insisznificant. These findings are shown in the checklist under the headings 'YES-sig" and "Y respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of 1 under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to d. mitigation for impacts which would otherwise be determined significant. 0 PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? -2- 0 YES YES tsid (insig) X NO X - X - X - - X - X - X - X - 3 3 - - s - e 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? YES YES NO (sig) (in.%) YES (sig) X - X - X - X - X - YES NO (insig) X - X - -3- e HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? -4- 0 YES (Sk) YES (in& NO 2 X X - - X - X - X - X - X - X - X - X - X - X - X - e e MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YES NO (sisl (insig) X - X - x x -5- 0 W DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): This project entails the construction of 2 sewer lines and a storm drain necessary to service a1 approved developments within the Aviara Master Plan. The previously approved offsite aligm for these proposed public facilities have been determined to be undesirable for environmental re; These public facility alignments proposed with this project are regarded as environmentally prefe: 1. EARTH: The proposed public facility alignments are associated with two land forms. The southern area of the project includes low-lying ground above the edge of a salt marsh that occurs along the northern shore of Batiquitos Lagoon. The northern extension of the alignment follows a north-south oriented terrace, averaging 90’ MCS in elevation. The western half of the project site is relatively flat. This portion has been extensively altered by agriculture and a nursery. The eastern alignment is proposed in an area which is more diverse and bisected by a knoll. Some native vegetation remains in this alignment. A San Diego Gas & Electric power line bisects the eastern third of the property. Construction of these public facilities will require 7,100 cubic yards of grading (fill). Construction would also necessitate trenching 25-100 feet in width for the two facility alignments. Although construction of the rip-rap discharge structure will create a minor localized change in landform, the overall landform for the vicinity will be unchanged. The landform effects from the construction of the sewer lines and storm drain will be minimal in that these facilities will be placed subgrade. There are no unstable earth conditions or unique geologic substructures in the project area. The project has been conditioned to incorporate adequate erosion control measures (i.e. hydroseeding, strawbales,) to mitigate erosion impacts. An erosion control plan shall be submitted for review and approval by the Planning Director prior to the issuance of grading permits. Construction will also be limited to the nonrainy season to minimize erosion impacts. All graded areas will be fully landscaped to minimize erosion. 2. AIR: Air quality impacts (dust generation) for this project will be short term (during construction) and insignificant. Once completed, revegetation of the disturbed areas would minimize any dust generation impacts. 3. WATER: Development of this project will have little if any impact upon water runoff, velocities or absorption rates. The proposed storm drain, rip-rap discharge structure, and erosion control measures will function to mitigate any significant impacts to Batiquitos Lagoon from surrounding development. -6- 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): 4/5. PLANT/ANIMAL LIFE: A biological survey conducted upon the subject property (Sweetwater Environmental Biologists, 1989) concluded that the construction of the eastern sewer line will impact sensitive Diegan Sage Scrub vegetation (1.98 acres) and the Black Tailed Gnatcatcher which uses this scrub for its primary habitat. The following mitigation measures will however be incorporated into the project to mitigate this impact: 1) Construction within the Diegan Sage Scrub habitat area will take place during periods other than the Black Tailed Gnatcatcher breeding season (March 1 - June 1); 2) All disturbed Diegan Sage Scrub will be revegetated with a representative seed mix. City staff will; (1) review engineering plans and a revegetation program for acceptability prior to the issuance of a grading permit, (2) complete a site inspection to access contractor performance with respect to this revegetation and, (3) a site inspection 18 months after revegetation to assess success. If the revegetation attempts are not deemed successful, subsequent revegetation will be mandated. Construction of the rip-rap discharge structure at the southern terminus of the eastern sewerline, within the 100 foot wetland buffer has been conditioned to prohibit accidental encroachment into the adjacent riparian habitat as follows: 1) Prior to the issuance of a grading permit; (1) Riparian habitat located adjacent to the proposed rip-rap discharge structure shall be flagged by a qualified biologist, and (2) a temporary fence will be constructed to clearly delineate this sensitive riparian habitat area. 2) The qualified biologist will consult with the construction foreman and machine operators to educate them on the constraints of the area prior to the initiation of grading operations. 3) After construction, the project biologist will submit a report to the City evaluating the grading/construction operation relative to the preservation of the above mentioned sensitive resources. Any amount of impact to riparian habitat shall necessitate the project applicant to mitigate with riparian habitat replacement at a 3:l ratio. Otherwise; (1) the sewer line construction will be restricted to narrow corridors, (2) no grading will be permitted during the rainy season, (3) sensitive areas will be demarcated to ensure the avoidance of inadvertent encroachment during construction and (4) all heavy equipment used during construction will be required to be parked outside of the surrounding wetland areas. -7- 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED) : Any agricultural land which is eliminated by the construction of any part of the project will be mitigated through the payment of Agricultural Conservation Mitigation fees, permitted under the Mello I1 LCP. This project has been conditioned accordingly. 6. - NOISE: Short-term noise may be associated with construction equipment during construction of this project. In view of the short term nature of this noise impact, it is regarded as significant. 7. LIGHT AND GLARE: This project will not produce any new light or glare. 8. LAND USE: This project was specified and sized in accordance with the Zone 19 Local Facili; Management Plan. The proposed facilities will be necessary to service the already appro’ Aviara Master Plan Area. Although these facilities will have to extend across two ot relatively undeveloped properties, the facilities are not expected to encourage any developm upon these properties which is not anticipated under the existing General Plan. 9. NATURAL RESOURCES: Implementation of the proposed project will incrementally contrib to the depletion of fossil fuels and other natural resources required for project constructi. This short term construction impact is not regarded as significant. 10. RISK OF UPSET: This project does not increase the risk of an explosion or the release o hazardous substance. 11. POPULATION: Implementation of this project may promote (allow) growth within the proj area. However, since, under the Zone 19 Local Facilities Management Plan, all required pul facilities and services must be available, concurrent with need, no growth related impacts i anticipated. 12. HOUSING: See 11 above. 13. TRANSPORTATION/CIRCULATION: This project will result in no circulation impacts proposed. 14. PUBLIC SERVICES: In that this project will construct public facilities required by the Zone Local Facility Management Plan, no impacts are anticipated. 15. ENERGY Incremental (non-substantial) mounts of energy (fuel) will be used during projl construction. This incremental increase in energy usage is not regarded as significant. 16. UTILITIES: See 14 above. -8- 0 0 DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): 17. HUMAN HEALTH: No human health impacts associated with the construction of this projc are anticipated. In contrast, by providing required public facilities, the quality of human hea should be improved. 18. AESTHETICS: Since little land form alteration is proposed no significant visual impacts i anticipated. Any visual impacts associated with grading and land clearing will be mitigal through slope recontouring and landscaping. 19. RECREATION: N/A since the project will have no effect upon recreational amenities. 20. ARCHEOLOGICAL/HISTORICAL: Cultural resource investigations conducted upon the subjc property (see attached letter) conclude that no significant cultural resources exist upon t subject property. However a condition will be included to require that archaeological si1 within areas adjacent to the site be staked to prohibit encroachment by construction activiti -9- e 0 ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. A. In view of the fact that the public facilities proposed (2 sewerlines and 1 storm drain) are necessary to service already approved projects, phasing is not likely. B. A number of site designs were evaluated to provide these public facility improvements. The one selected was identified as the most environmentally preferable. C. The size of the facilities was selected relative to anticipated demands. D. Either residential (if feasible) or undeveloped. E. N/A - Since these facilities are necessary to service already approved projects. F. See "B" above. G. No project would be inconsistent with the Zone 19 Local Facilities Management Plan. -10- e m DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environmenl NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environme: will not be a significant effect in this case because the mitigation measures described on an sheet have been added to the project. A Conditional Negative Declaration will be proposec - I find the proposed project MAY have a significant effect on the environment, ENVIRONMENTAL IMPACT REPORT is required. 4” 19- 70 ci4.W &a Date Signature +!zo/qD I Date I LIST MITIGATING MEASURES (IF APPLICABLE) 1. This project is approved subject to compliance with the following conditions of approval: a. Grading activity shall be prohibited during the rainy season, from October 1st to April 1st of each year. b. Construction of the eastern line within the Diegan Coastal Sage Scrub habitat area, as shown on figure 5, will be prohibited during the Black Tailed Gnatcatcher breeding season (March 1 - June 1). c. All disturbed Diegan Sage Scrub will be revegetated with a representative seed mix. Prior to the issuance of a grading permit, the project applicant shall be required to submit a revegetation program for Planning Director review and approval. Subsequent to the implementation of the revegetation program, the City of Carlsbad will conduct site inspections to access contractor performance with the revegetation plan. Two additional site inspections; by the City of Carlsbad will be conducted at 6 and 18 months following revegetation to evaluate the success. If, the revegetation attempts are not deemed successful by the City, then the project applicant shall be required to revegetate the Diegan Sage Scrub area until the habitat is successfully reestablished. -11- e w MITIGATING MEASURES (CONTINUED) : d. Prior to the issuance of a grading permit, the project applicant shall be required to submit an exhibit with the grading plans which demarcates all sensitive biological areas (re: riparian? freshwater marsh and Diegan Coastal Sage Scrub) and archeological sites within and immediately adjacent to the project areas. These areas shall be verified by a biological and archaeological consultant and shall be required to be flagged in the field by a qualified archaeological and biological consultant. Temporary fencing shall be required to be constructed to prohibit encroachment by construction equipment. The qualified biologist and archaeologist will consult with the construction foreman and machine operators to educate them on the constraints of the area prior to the initiation of grading operations. After construction, the project biologist will submit a report to the City evaluating the grading/construction operation relative to preservation of the above mentioned sensitive biological resources. Any amount of impact to riparian habitat shall necessitate the [project applicant to mitigate with riparian habitat at a 3:1 ratio. All construction equipment used during construction shall be required to operate and park outside of all identified sensitive areas. No construction equipment shall be parked within 100’ of the wetland. e. Prior to the issuance of a grading permit, the project applicant shall be required to pay agricultural mitigation fees for any agricultural acreage which is eliminated through this project. This fee total and structure shall be determined by the City of Carlsbad, consistent with the Pacific Rim Country Club and Resort Master Plan (MP-177). f. Prior to the issuance of a grading permit, the project applicant shall be required to submit a full landscape and irrigation plan for review and approval by the Planning Director. All areas impacted by construction (including steep slopes) shall be required to be recontoured and fully revegetated. The proposed desiltation basin will also be required to be heavily landscaped around its perimeter to mitigate visual impacts. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -12- 0 W APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. A ” @&W igKature L, PNb $4 IYdW D[&EWW Q-6 ?WIJkG. 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