HomeMy WebLinkAboutLennar Homes of California; 2015-09-10;AGREEMENT BETWEEN CITY AND APPLICANT
FOR PAYMENT OF EIR CONSULTANT
POINSETTIA 61 (EIR 15-03)
THIS AGREEMENT is made this /Q"^ day of S^sk^€ir.20 IS. between the
CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to
as CITY, and Lennar Homes of California, hereinafter referred to as "APPLICANT".
RECITALS
WHEREAS, the APPLICANT has filed with the CITY a request for approval of a
proposed project identified as Poinsettia 61 - EIR 15-03 (140 air-space condominiums) requiring
an Environmental Impact Report; and
WHEREAS, CITY has determined that its current staff is inadequate in number to
process the Environmental Impact Report in a timely and thorough manner; and
WHEREAS, APPLICANT in order to ensure the expeditious processing of said
Environmental Impact Report desires to pay to CITY the amount necessary to hire a
CONSULTANT.
NOW, THEREFORE, in consideration ofthe covenants and conditions, it is agreed
as follows:
1. The CITY will engage the firm of HDR Engineering, Inc., hereinafter
referred to as "CONTRACTOR" to perform the necessary work in the processing and monitoring
of the Environmental Impact Report for that area more particularly depicted upon a site map
attached as Attachment 1 and made a part ofthis agreement.
2. It is understood that the CONTRACTOR sen/ices shall conform to the
Proposal attached as Attachment 2 and made a part ofthis agreement, and may require:
a) Field exploration;
b) Weekly communication with the City staff;
c) Written reports; and
d) Such other work necessary to properly evaluate the proposed
1 City approved 8/26/15
project as directed by the City Planner.
3. It is understood that the CITY will direct the CONTRACTOR to complete a
draft and final Environmental Impact Report at the earliest feasible time. The CITY will advise the
APPLICANT in writing of any impacts which may render the proposed project infeasible within a
reasonable time after CITY has received the CONTRACTOR'S conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of the
CONTRACTOR'S services. Such cost shall be based on the costs set forth in Attachment 3. The
APPLICANT has advanced the sum of $172.886 as payment on account for the actual cost ofthe
CONTRACTOR'S services. In the event it appears, as the work progresses, that said sum will
not be sufficient to cover the actual cost, the CITY will notify the APPLICANT of the difference
between the amount deposited and the new estimated cost. CITY will ensure, to the extent
feasible, that no further work will be performed by the CONTRACTOR incurring an obligation
beyond the amount advanced without an appropriate amendment to this Agreement. Ifthe actual
cost of preparing the report is less than the APPLICANT'S advance, any surplus will be refunded
to APPLICANT by CITY.
5. It is understood that the CONTRACTOR shall be an independent contractor
ofthe CITY and CITY shall not be liable for any negligent acts or omissions ofthe CONTRACTOR.
The APPLICANT agrees to permit the CONTRACTOR to enter upon his property and to perform
all work thereon as the CONTRACTOR deems necessary to complete the Environmental Impact
Report. It is agreed that the APPLICANT will not interfere with the CONTRACTOR in the
performance of such work or attempt to influence such CONTRACTOR during the course of his
investigation and report.
6. It is understood that the CONTRACTOR'S responsibility will be solely to the
CITY, and that the CONTRACTOR'S accountability will be solely to the CITY, and not the
APPLICANT, who is not an intended beneficiary ofthe CITY's agreement with the CONTRACTOR
for the processing and monitoring ofthe Environmental Impact Report.
2 City approved 8/26/15
7. It is understood thatthe CITY will attempt to bring the Environmental Impact
Report to Planning Commission and City Council as soon as possible, barring no delays from the
APPLICANT.
8. The City shall not be required to defend any third party claims and suits
challenging any action taken by the City with regard to any procedure or substantive aspect of
the City's environmental process and approval of development of the property. If the City, in its
sole and absolute discretion defends such action or proceeding, the Applicant shall be responsible
and reimburse the City for whatever legal fees and costs, in their entirely, may be incurred by the
City in defense of such action or proceeding; provided that the City shall allow Applicant all
reasonable opportunities to participate in such defense, and shall reasonably cooperate with
Applicant in the defense of such claims or suits. The City shall have the absolute right to retain
such legal counsel as the City deems necessary and appropriate. Applicant shall reimburse the
City for any award of court costs or attorney fees made against City in favor of any third party
challenging either the sufficiency of a negative declaration or EIR or the validity of the City's
approval of the application. This obligation survives until all legal proceedings have been
concluded and continues even ifthe City's approval is not validated.
City approved 8/26/15
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
Executed by APPLICANT this p^^av of ^UQ^y^ 20JS1.
APPLICANT:
Lennar Homes of California
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(Name DF Applicant)
0
City Myiiyyei ui Mdyur /^iaiM^e^
Don Neu
~ ATTEST:
mt name here/title)
(sign here)
(print name here/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation.)
(If signed by an individual partner the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
Byi.
ssistant City Attorney
City approved 8/26/15
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On August 27, 2015, before me M. Sue Rudolph, Notary Public, personally appeared John Baayoun, who
proved to me on the basis of satisfactory evidence, to be the^persoij^^ whose name is/^e subscribed to
the within instrument and acknowledged to me that he/^e/tjiey executed the same in his/b^/t|i^r
authorized capacity(>e^), and that by his/)^r/^ir signature(g) on the instrument the person^sj, or the
entity upon behalf of which the person!^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
M. SUE RUDOLPH t
Commission # 2003854 t
Notary Public - Calitornia 1
J \^mu!^ Orange County g
^^^^ IVIy Comm. Expires Feb 9, 2017 L
Notary Public
CERTIFICATE OF INCUMBENCY
OF
LENNAR HOMES OF CALIFORNIA, INC.
JANUARY 14,2015
The undersigned, Mark Sustana, as the duly elected, qualified and acting Secretary of
Lennar Homes of California, Inc., a California corporation (the "Corporation"), hereby
certifies that:
1. YAHYA ZAKOUR BAAYOUN (JOHN BAAYOUN) is a duly elected,
qualified and acting Vice President of the Coi-poration, serving continuously in
such capacity since his election on February 20, 2004;
2. YAHYA ZAKOUR BAAYOUN (JOHN BAAYOUN) is incumbent in such
office as of the date hereof and is authorized to sign documents on behalf of the
Corporation.; and
3. All actions, transactions and deeds by YAHYA ZAKOUR BAAYOUN (JOHN
BAAYOUN) in his capacity as Vice President, in the name of or on behalf of the
Corporation be, and they hereby are, ratified, confirmed and approved in all
respects.
IN WITNESS WHEREOF, the undersigned has executed this Certified Resolution on
behalfofthe Corporation effective as of the date first written above.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed befoie me this 14"' day of January 2015, by Mark Sustana, as
Secretary of Lennar Homes of California, Inc., a California, on behalf of the Coiporation. He is
personally known to me and did not take an oath.
LAURA MAXWEU.
ifAy^ MY COMMISSION # FF 065022
y.Jt.y EXPIR6S:Octob8r21.2017
^^^^ Bonded Thm Nolary Public UnderwtefS
NOTARY PUBLIC
State ofFiorida
Attachment 2
POINSETTIA 61
SCOPE OF WORK
ENVIRONMENTAL IMPAa REPORT
EIR 15-03
BACKGROUND
The City of Carlsbad has a population of approximately 111,000. The city is located along the northern
coast of San Diego County, thirty miles north of downtown San Diego. It is bordered to the north by the
City of Oceanside, to the south by the City of Encinitas, and to the east by the cities of Vista and San
Marcos andthe County of San Diego. Carlsbad has a combination oflndustrial, commercial and residential
development, including a large regional shopping center, an auto-retail center, a large industrial park area,
the LEGOLAND California Educational/Recreational Park, and a regional airport. The city contains three
lagoons, limited agricultural areas and large tracts of preserved open space. The total area ofthe city of
Carlsbad is approximately 40 square miles.
PROJECT LOCATION & DESCRIPTION
The project site is located within the southwest quadrant ofthe City of Carlsbad, south of Palomar Airport
Road, west of El Camino Real, and bisected in the northerly portion by the future Poinsettia Lane Reach E
circulation element roadway. The site is made up of seven separate lots and is approximately 61 acres in
size. The northerly 20 acres has been previously disturbed by agricultural practices and grading for the
future extension of Poinsettia Lane. The remainder of the site is natural habitat with the exception of an
SDG&E transmission corridor and access road and other minor trails and illegal encampments. A city trail
is proposed within the existing SDG&E easement. The entire site burned during the Poinsettia wildfire in
May 2014. Adjacent uses include open space and multi-family residential to the north, open space to the
south, open space to the east, single family residential and the western terminus of Poinsettia Lane to the
southeast, and multi-family housing and Ambrosia Lane to the west. The project is within the Airport
Influence Area of McClellan Palomar Airport. The entire project site is within the limits of Local Facilities
Management Zone 21 and in the Mello il Segment ofthe Local Coastal Program.
The applicant is proposing a 140 unit single family detached condominium project. The applicant has
applied for a number of entitlement applications including; a General Plan Amendment which would
adjust the boundaries of the open space and residential land use designations; a Zone Change from
Limited Control (LC) to One family Residential (R-l) and to reflect Open Space changes; a Local Coastal
Program Amendment; a Vesting Tentative Tract Map; a Planned Development application for the
individual ownership of units and subdivision ofthe residential area; a Site Development Plan (affordable
housing component); a Hillside Development Permit and a Habitat Management Plan permit. The project
will be developed at a density of approximately 3.4 dwelling units per acre, which is consistent with the
Residential Low Medium (RLM) General Plan Land Use designation ofthe site. A maximum of 15% ofthe
homes will have a second dwelling unit to meet a portion ofthe projects affordable housing requirement.
The remainder will be met by the purchase of off-site credits.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 2
A majority ofthe units are proposed to be developed in the previously disturbed agricultural area on the
easterly and westerly side of Poinsettia Lane. Seventeen homes are proposed off a small cul-de-sac
located of Ambrosia Lane in the south westerly corner ofthe project.
The project include the completion of Reach E of Poinsettia Lane, between Cassia Road and Oriole Court.
The westerly portion of Poinsettia Lane has been previously rough graded by an adjacent project. The
eastern portion will require a bridge to span a canyon to preserve the maximum width possible for a
habitat wildlife corridor.
COVERAGE OF THE EIR
The EIR will cover/analyze all of the associated legislative and discretionary actions which will be under
consideration by the Planning Commission and City Council. The following actions are required:
Legislative Actions:
1. General Plan Land Use Element Amendment (GPA 14-06) (Residential Low - Medium/Open Space to
Residential Low Medium/Open Space-adjust boundanes)
2. General Plan Open Space and Conservation Element amendments (open space changes)
3. Zone Change (ZC 14-04) (Limited Control to One Family Residential - 7,500 square foot lot size
minimum)
4. Local Coastal Program Amendment (LCPA 14-06) (reflect GPA and ZC changes)
Discretionarv Actions:
5. Vesting Tentative Tract Map (CT 14-10)
6. Planned Development Permit - Residential (PUD 14-12)
7. Site Development Plan (SDP 14-15)
8. Coastal Development Permit (CDP 14-34)
9. Hillside Development Permit (HDP 14-07)
10. Habitat Management Plan Permit (HMP 14-04)
Additional Actions/Permits:
11. State and Federal Permits. As a part of the proposed project, various state and federal
permits/approvals will be required to implement the Project. These permits/approvals include, but
are not limited to, the California Coastal Commission, California Department of Fish and Game, and
the Regional Water Quality Control Board.
TOPICS OF DISCUSSION IN THE EIR MAY INCLUDE:
• Aesthetics/Grading
• Agriculture
• Air Quality
• Biological Resources
• Cultural/Paleontological Resources
• Geology/Soils
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 3
Greenhouse Gas Emissions
Hazards/Hazardous Materials
Hydrology/Water Quality
Land Use Planning
Noise
Population and Housing
Public Services
Transportation/Circulation
Utilities and Service Systems
Mandatory Findings of Significance
AVAILABLE INFORMATION
The following studies and pertinent information are available for review and use in the preparation ofthe
Environmental Impact Report.
Site-Specific Reports/Letters/Exhibits
1. Biological Resources Technical Report, prepared by Dudek, December 2014.
2. Cultural Resources Survev for the Lennar Poinsettia 61 Proiect, Carlsbad, California, prepared by
Dudek, November 12, 2014.
3. Potable and Recycled Water Studv for the Poinsettia 61 Proiect in the citv of Carlsbad, prepared by
Dexter Wilson Engineering, Inc. December 3, 2014.
4. Preliminarv Drainage Studv for Poinsettia 61 Tentative Map, prepared by O'Day Consultants, Inc.,
dated December 3, 2014.
5. Storm Water Management Plan for Poinsettia 61 Tentative Map, prepared by O'Day Consultants, Inc.,
dated December 3, 2014.
6. Report of Geotechnical Investigation Poinsettia 61 Development, Carlsbad, California, prepared by
Group Delta Consultants, Inc. November 20, 2014.
7. Traffic Impact Analvsis Poinsettia 61 Proiect. Carlsbad. California, prepared by LSA Associates Inc.,
November 2014
8. Vesting Tentative Map, prepared by O'Day Consultants, dated November 25, 2014.
9. Floor Plans and Elevations prepared by KTGY, dated November 9, 2014.
10. Landscape Plan. Water Conservation Plan, and Fire Protection Plan, prepared by C Two (The
Collaborative West), dated December 9, 2014.
11. Preliminarv Title Report for the propertv.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 4
General studies/reports:
1. City of CaMsbad General Plan, adopted by Carlsbad City Council.
2. City of Carlsbad Zoning Ordinance. (Title 21 of the Carlsbad Municipal Code) and Zoning Map.
3. Citv of Carlsbad Environmental Protection Procedures, (Title 19 of the Carlsbad Municipal Code).
4. Citv of Cartsbad Landscape Manual, dated February, 2012.
5. 2014 Traffic Monitoring Report, City of Carlsbad, June 2014.
6. Open Space and Conservation Plan for Natural Communities in the Citv of Cartsbad, dated November
2004.
7. Habitat Management Plan for Natural Communities in the Citv of Carlsbad, dated November 2004.
8. Citv of Carlsbad Noise Guidelines Manual, dated September 1995.
9. San Diego Countv Important Farmland 2010. California Department of Conservation
ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2010/sdglO w.pdf.
10. McClellan Palomar Airport Land Use Compatibilitv Plan, prepared by San Diego Regional Airport
Authority, March 4, 2010.
11. Local Facilities Management Plan - Zone 21, dated September 3,1991.
12. Poinsettia Place Borrow Site - HMP 10-02 permit, July 28, 2010.
SCOPE OF CONSULTANT SERVICES
The consultant shall prepare an Environmental Impact Report for the Poinsettia 61 project and related
applications which are acceptable to the City. The EIR shall be prepared pursuant to all applicable State
laws and shall conform to the California Environmental Quality Act (CEQA) and State EIR guidelines. No
initial study has been prepared or required to be prepared as the project is required to process an EIR.
The Consultant shall be responsible for the accuracv and completeness of all information contained in
the Final Draft EIR. If the Consultant does not wish to accept responsibilitv for the information
contained in the technical studies, the Consultant shall provide to the Citv statements signed by the
appropriate technical consultant accepting responsibilitv for the accuracv and completeness of any
studies/reports prepared by that technical consultant. These signed statements of responsibility shall
be made a part of the appendices of the EIR.
The Consultant shall:
1. Obtain all reference matenal and conduct all research and field data collection necessary to prepare
an EIR.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 5
2. Identify, discuss and develop appropnate mitigation monitonng programs for any impacts which may
be associated with the short-term and/or long term development of the site.
3. Provide five (5) 1st screen check hard copies and five (5) digital copies on CD of the Draft EIR
documents for city staff review that will be consistent with CEQA and the Carlsbad Environmental
Protection ordinance (Title 19 ofthe Carlsbad Municipal Code) within eight (8) weeks from entering
into an agreement with the City.
4. Provide five (5) 2nd screen check hard copies and five (5) digital copies on CD of the revised Draft EIR
documents including appendices and exhibits, which incorporate staff's written recommendations
and revisions to the 1st screen check Draft EIR, and a first draft of a Mitigation Monitonng and
Reporting Program and Candidate Findings of Fact within two (2) weeks from receiving 1st screen
check comments from the city.
5. Within two (2) weeks from receiving 2"'' screen check comments and City approval of Draft EIR
documents, provide fifteen (15) copies ofthe City approved Draft EIR that must be submitted to the
State Cleanng House. The 15 copies may be in hardcopy or electronic format (CDDVD). If submitting
in electronic format, 15 hardcopies ofthe Draft EIR summary or executive summary must accompany
the 15 CD/DVDs. Each ofthe 15 copiesof the Draft EIR should be collated with supporting documents.
Technical appendices, and/or CDs/DVDs. Lead agencies are encouraged to submit one copy of the
Draft EIR in electronic format when submitting 15 hardcopies (CEQA Guidelines Section 15205(a)).
6. In addition, within 2 weeks from receiving 2"*^ screen check comments and City approval of the Draft
EIR documents, provide ten (10) spiral bound copies and twenty-five CD/DVDs ofthe City approved
Draft EIR and ten (10) hard copies and ten (10) digital CD/DVD copies ofthe technical appendices, and
one digital copy on CD of all documents in .pdf format that can be easily posted (i.e. broken down into
chapters) to the City's website and one (1) CD in original software format (e.g.. Word) shall also be
provided.
7. After the 45-day public review penod, respond to all comments made dunng the Draft EIR public
review penod. Consultant shall provide five (5) 1st screen check copies ofthe responses to comments.
Final EIR documents, and any necessary amendments to the technical appendices within two (2)
weeks after the close ofthe public review period.
8. Provide five (5) 2nd screen check copies ofthe responses to comments. Final EIR documents, and any
necessary amendments to the technical appendices within two (2) weeks of receiving the written
comments from City Staff on the 1st screen check copies of the responses to comments and the Final
EIR.
9. Within two (2) weeks from receiving 2"'' screen check comments and City approval of the Final EIR
documents, provide twenty-five (25) spiral-bound copies, twenty-five digital CD copies with
appendices, and fifteen hardcopies of any amended technical appendices, and one digital copy on CD
of all documents in .pdf format that can be easily posted (i.e. broken down into chapters) to the City's
website and one (1) CD in original software format (e.g.. Word) shall also be provided.
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 6
10. Within two weeks after the final action on the EIR documents by the final approving city body, provide
ten (10) spiral bound copies ofthe Certified Final EIR (incorporating any changes and in a clean format
without underline, strikeouts, or comments) with technical appendices, exhibits. Mitigation
Monitoring and Reporting Program, Findings of Fact, and Statement of Overnding Considerations (if
needed and directed by the City) including one (1) Master CD from which copies can be made which
incorporate any changes (clean copy without undertine, strtkeouts, or comments) made to the Final
Draft EIR documents dunng the public heanng and certification process.
11. Attend up to twelve (12) meetings, including but not limited to:
• One (1) kick off meeting with City Staff.
• One (1) public scoping meeting.
• Two (2) meetings with staff to discuss issues regarding the preparation of the screen check
draft.
• Two (2) meetings with staff to review comments on the screen check draft.
• Two (2) meetings with staff to review responses to public comments and the final draft.
• Up to three (3) public hearings with presentations as necessary as determined by City staff.
• One (1) additional meeting as necessary.
12. The EIR shall meet all ofthe requirements set forth in the California Environmental Quality Act (Public
Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations, section
15000 et seq.). In addition, as part of the proposal, provide a detailed Work Program to
comprehensively address and analyze the scope of issues identified and descnbed below. Other
issues to make the EIR a complete document in compliance with CEQA and the State CEQA Guidelines
should also be addressed.
13. Consultant shall also manage the project in accordance with the project schedule and meet all
deadlines as identified.
INTRODUCTION AND EXECUTIVE SUMMARY
The introductory chapter and executive summary is a required section under CEQA. This section should
provide sufficient detail to evaluate and review the environmental impacts of the project, but not
excessive detail. It may be used as a "stand alone" document.
Tasks:
1. The consultant shall prepare an introductory chapter and executive summary pursuant to all
applicable CEQA requirements. This section should identify the project location and boundaries on
detailed regional maps. It should include a general descnption ofthe project's technical, economic,
and environmental characteristics. It should include a statement bnefly descnbing the intended uses
of the EIR. It should also list the agencies which are expected to use the EIR in their decision-making
and the approvals for which the EIR will be used. This section must itemize and discuss briefly each
significant effect of the proposed project, as well as proposed mitigation measures required and
alternatives which would reduce or avoid that impact. It should identify areas of controversy and
issues raised by agencies or the public. Issues which would remain to be resolved should be called
out, including the choices among alternatives and whether or how to mitigate the significant impacts.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 7
The EIR shall comprehensively address and analyze the scope of issues identified and descnbed below.
Other issues to make the EIR a complete document in compliance with CEQA and the State CEQA
Guidelines should also be addressed.
AESTHETICS/GRADING
The proposed project will mass grade the northern 23 acres and a 3.5 acre southwesterly portion ofthe
site. The site will be developed with predominantly two-story dwellings. Graded 2:1 slopes and retaining
wall structures are proposed in vanous locations on the site. Landscaping will be incorporated in order to
reduce the negative impacts ofthe retaining walls as much as possible. Roughly 33 acres will remain as
open space for natural habitat purposes. A circulation element roadway, Poinsettia Lane, and bridge
structure are also included in the project.
Tasks:
1. The consultant shall prepare/have prepared a minimum of three (3) project visual simulations,
(locations selected by City and EIR preparer). The consultant shall evaluate the simulations for
accuracy to ensure that the analyses are of a scale and level of effort appropriate to the requirements
of the project. The visual simulations should include 1) the proposed graded pads, and 2) the graded
pads with the proposed maximum building heights and mass depicted. The consultant shall identify
any flaws in the methodologies and/or conclusions and, if no flaws are found, shall incorporate the
findings of the review, including the mitigation measures, into the text of the EIR. If
inconsistencies/flaws are identified, the EIR consultant shall work with the consultant who prepared
the study to revise the analysis/conclusions as appropnate.
2. The consultant shall descnbe the existing visual setting of the site including public and private view
sheds, elevations and topography.
3. The changes to the visual setting, appropriateness of the quantity of grading as well as the grading
design shall be analyzed based on conformance with the General Plan and City's Hillside Development
Ordinance to determine ifthe project would result in a significant negative visual impact.
4. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and identify any impacts remaining after implementation of
the recommended mitigation measures.
AGRICULTURE
The site contains lands identified on the 2010 farmland map as unique farmland. The remainder of the
site is natural habitat (recently burned off as the result of a wildland fire).
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 8
Tasks:
1. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
AIR QUALITY
Proiect Background
The San Diego Air Basin is classified as a "severe" nonattainment area for both federal and state standards
for ozone (smog). The San Diego Air Basin also exceeds the state standard for airborne particulate matter.
Since the proposed request involves an increase in density which was not anticipated as a part ofthe
regional air quality planning process and the resulting California State Implementation Plan (SIP), the
proposed project may result in a significant increase in local and regional air pollution.
Mass transit will be limited to bus routes determined to be feasible by the North County Transit District
(NCTD). Bus facilities (turn-outs) are provided as requested by NCTD.
Although the project has been designed to encourage pedestrian traffic and accommodate public transit,
the development ofthe proposed project will result in an incremental increase in local and regional air
pollution. Grading for the project may also contribute significantly to the generation of fugitive dust. The
San Diego Air Basin is classified as a "severe" non-attainment area for both federal and state standards
for ozone (smog). The San Diego Air Basin also exceeds the state standard for airborne particulate matter.
Impacts from the project may include construction emissions, equipment exhaust, fugitive dust, and
vehicle emissions. The project's impact may be significant, as the region presently does not meet air
quality standards. Additional mitigation measures may be necessary such as providing for public transit
in the project design and implementation of various Transportation Control Measures (TCMs) to reduce
trips, vehicle use, miles traveled, idling, or traffic congestion.
Tasks:
1. The consultant shall discuss the project setting, including a review ofthe regional meteorology. The
consultant shall review and address both short-term and long-term air quality impacts of the project.
Recommended analysis to determine emissions resulting from the project may include:
a. Provision of a summary of required emissions data;
b. Calculations of air quality impacts and emissions - both temporary impacts during
construction and permanent impacts during operation ofthe project, including CO2 hotspot
analysis; and
c. Modeling of air quality impacts, including modeling of ambient air quality.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 9
2. Air quality impacts shall be analyzed in regard to the following:
a. Project emissions from vehicular and stationary sources;
b. Grading and Construction; and
c. Compliance with federal and state standards as well as regional air quality attainment plans.
3. The consultant shall complete an Air Quality Site Assessment of the project and incorporate the
findings ofthe review into the text ofthe EIR.
4. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
BIOLOGICAL RESOURCES
Proiect Background
The northern 20 acres ofthe 61 acre site has been in agricultural cultivation and does not support native
habitat. The site also has a SDG&E high tension power line and associated maintenance roads to access
two high tension towers. The remainder ofthe site has (had) native habitat that was burned during the
May 2014 Poinsettia wild land fire.
Tasks:
1. The consultant shall describe the biological setting and shall review the Biological Technical report
prepared for the project in accordance with the "City of Carlsbad Guidelines for Biological Studies"
dated August 29, 2008.
2. The Consultant shall evaluate the project for consistency with the Carlsbad HMP.
3. The consultant shall identify any additional impacts to open space and habitat areas resulting from
the project.
4. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
CULTURAL/PALEONTOLOGICAL RESOURCES
Proiect Background
A cultural resources survey was prepared by Dudek, November 12, 2014. The report identified that most
resources have been previously studied and collected and that there are no significant resources
remaining. However, upon development ofthe site, there may be more resources encountered.
EIR 15-03-POINSETTIA61
May 20, 2015
Page 10
Pursuant to the geologic report, since mass grading is required to develop the site, impacts to the
potentially fossil-bearing strata ofthe Santiago formation are anticipated.
Tasks:
1. The consultant shall perform a peer review ofthe cultural resource reports in compliance with AB 52.
The consultant shall evaluate the methodologies and conclusions contained in the reports for legal
and scientific adequacy and accuracy to ensure that the analyses are of a scale and level of effort
appropriate to the requirements of the project. The consultant shall identify any flaws in the
methodologies and/or conclusions and, if no flaws are found, shall incorporate the findings of the
review, including the mitigation measures, into the text of the EIR. If inconsistencies/flaws are
identified, the EIR consultant shall work with the consultant who prepared the study to revise the
analysis/conclusions as appropriate.
2. The consultant shall perform a peer review of the paleontological analysis of the project and shall
incorporate the findings ofthe reports/assessments into the text ofthe EIR.
3. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
GEOLOGY/SOILS
Proiect Background
A geotechnical investigation has been prepared by Group Delta Consultants, Inc. for the project. The
report identifies the northern portion ofthe site as being previously disturbed with farming activities and
prior grading for the future extension of Poinsettia Lane, including prior cuts and fills.
Tasks:
1. The consultant shall describe the geological setting, including existing soil and geologic conditions.
The consultant shall perform a third-party review of the Geotechnical Reports and Phase I
Environmental Assessment that covers the project site. The consultant shall evaluate the analysis and
conclusions contained in the reports and evaluate the adequacy ofthe impact analysis, particularly
with regard to unstable soils, remedial earthwork, landslides, rocky soils, fault rupture, seismic ground
shaking, subsidence, settlement, surcharging, liquefaction, proposed slope stability, and groundwater
impacts. The consultant shall identify any flaws/inadequacies in the analyses and conclusions and, if
no flaws/inadequacies are found, shall incorporate the findings of the reports/assessments into the
text of the EIR. If inconsistencies/flaws are identified, the EIR consultant shall work with the
consultant who prepared the study to revise the analysis/conclusions as appropriate.
2. The consultant shall ensure that all required mitigation measures identified in the Geotechnical
Investigation are included in the EIR.
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 11
3. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
GREENHOUSE GAS EMISSIONS
Tasks:
1. The consultant shall prepare a Greenhouse Gas Emissions Study.
2. The consultant shall prepare a general summary of the State's current policy and view of the science
addressing global warming and greenhouse gas emissions. The consultant shall utilize the Governor's
Office of Planning and Research CEQA Guidelines, Section 15064.4, "Determining the Significance of
Impacts from Greenhouse Gas Emissions," (effective March 31,2010) (both AB 32 and Executive Order
S-3-05)as a guide for the analysis.
3. The consultant shall analyze the projects compliance with the City's Climate Action Plan.
4. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant/direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
HAZARDS/HAZARDOUS MATERIALS
Proiect Background
The project site and vicinity has the potential to be impacted by high fire hazard areas. The site was
burned in the 2014 Poinsettia wild fire. The site was also previously used for agricultural purposes
and the geotechnical report suggests buried trash and debris. Pesticide residue may be present.
Tasks:
1. The consultant shall identify the areas of the project site which are considered to be high fire hazard
areas. The City's Fire Marshal shall be consulted as to the acceptability of proposed development
sites adjacent to high fire hazard areas as well as possible mitigation measures needed to reach an
acceptable level of safety.
2. The consultant shall review the Phase I analysis forthe remediation of potentially contaminated
soils from prior agricultural uses.
3. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 12
HYDROLOGY/WATER QUALITY
Proiect Background
A Hydraulic Analysis, Drainage Study, and Storm Water Management Plan have been prepared for the
proposed project.
Tasks:
1. Using available data, the consultant shall describe the hydrological setting (existing hydrological
conditions) ofthe site and general drainage characteristics.
2. The consultant shall perform a third-party review of the Hydraulic Analysis, Drainage Study, Storm
Water Management Plan, Hydromodification Management Plan and Geomorphic Assessment. The
consultant shall evaluate the methodologies and conclusions contained in the reports for legal and
scientific adequacy and accuracy to ensure that the analyses are of a scale and level of effort
appropriate to the requirements of the project. The consultant shall identify any flaws in the
methodologies and/or conclusions and, if no flaws are found, shall incorporate the findings of the
review, including the mitigation measures, into the text of the EIR. If inconsistencies/flaws are
identified, the EIR consultant shall work with the consultant who prepared the study to revise the
analysis/conclusions as appropriate.
3. The consultant shall review the Hydraulic Analysis, Drainage Study, Storm Water Management Plan,
Hydromodification Management Plan, and Geomorphic Assessment to ensure that all requirements
of the latest City of Carlsbad's Drainage Master Plan, the Storm Water Management and Discharge
Control Ordinance (Chapter 15.12 ofthe Carlsbad Municipal Code) and current California Regional
Water Quality Control Board San Diego Region Order serving as a National Pollutant Discharge
Elimination System (NPDES) Permit and Waste Discharge for discharges from the Municipal Separate
Storm Sewer System (MS4) draining the watersheds within the City of Cartsbad are satisfied.
4. The consultant shall evaluate the proposed drainage systems adequacy in regulating the discharge
volumes and rates of drainage from the project site as it relates between pre and post-development
conditions.
5. The consultant shall, based on a review ofthe Subdivision, site plans, and Storm Water Quality Report,
verify if sufficient Low Impact Design features have been incorporated into the project, to the
maximum extent practicable, to ensure the post-development scenario mimics the hydraulic
characteristics ofthe project as compared to pre-development conditions.
6. The consultant shall evaluate the degree to which the project will alter existing drainage patterns to
determine if a significant impact will be created.
7. The consultant shall address and recommend appropriate mitigation measures to reduce erosion
potential onsite.
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 13
8. The consultant shall analyze and evaluate the potential impacts to San Marcos Creek, Batiquitos
Lagoon and/or Pacific Ocean and ensure that this project identifies all pollutants of concern, beneficial
uses of the San Marcos Creek, Batiquitos Lagoon, and/or Pacific Ocean, and the BMP measures
required to address them.
9. The consultant shall evaluate the proposed project for National Pollutant Discharge Elimination
System permit compliance.
10. The consultant shall ensure that maintenance of any permanent detention/pollution control basins is
included in the EIR.
11. The consultant shall identify maintenance requirements of the structural BMP measures being
implemented with this project.
12. The consultant shall evaluate the proposed project for impacts to wetlands.
13. The consultant shall ensure that all required mitigation measures identified in the Hydraulic Analysis,
Drainage Study, and Storm Water Management Plans and Hydromodification Management Plan are
included in the EIR.
14. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
LAND USE PLANNING
Proiect Background
An amendment to the General Plan Land Use Element Plan has been requested to change the land use
designation for the site to reflect the changes in open space designation boundaries. The site is
designated for Residential Low-Medium development and Open Space. The Safety Zones created by the
2010 McClellan-Palomar Airport Land Use Plan Compatibility Plan locate this site in Safety Zone 6 which
allows for the unrestricted development of residential uses. The project will be processing a
corresponding General Plan amendment to implement the new land use designations.
Tasks:
The consultant shall describe the environmental and land use setting of the project. This will include
a discussion of any inconsistencies between the proposed project and the City's adopted General Plan
and Zoning Code, habitat plan and regional plans.
The consultant shall examine the land use compatibility between the proposed project and
surrounding existing and proposed development (i.e. land uses, increase in density, height, light/glare,
etc.).
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 14
3. The consultant shall examine the existing physical conditions as well as the potential future conditions
and shall perform a detailed land use analysis on the appropriateness and timing ofthe proposed use.
4. The consultant shall perform a detailed project review to confirm the project's compliance with City
ordinances and policies. The ordinances and policies shall include: 1) the Carlsbad General Plan, 2)
the Carlsbad Habitat Management Plan, 3) the Carlsbad Environmental Protection Procedures (Title
19), 4) the Carisbad Subdivision regulations (Title 20), 5) the Carlsbad Zoning Ordinance (Title 21)
including the Growth Management and Inclusionary Housing Regulations, 6) the McClellan Palomar
Airport Comprehensive Land Use Plan, 7) Landscape Manual, and 8) the Open Space and Conservation
Resource Management Plan.
5. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended measures.
NOISE
Proiect Background
The project site will experience noise impacts from Poinsettia Lane, a major arterial roadway, and
McClellan-Palomar Airport. Additional short-term noise impacts associated with grading and construction
are anticipated. Increases in traffic volumes may also add incremental noise along the circulation
corridors.
Tasks:
1. The consultant shall perform a review of the acoustical analysis prepared for the project and shall
incorporate the findings ofthe reports/assessments into the text ofthe EIR.
2. The Noise Element of the General Plan and City of Cartsbad Noise Guidelines Manual shall be
consulted to assure proposed mitigation measures do not conflict with adopted policies and
guidelines.
3. The McClellan-Palomar Airport Land Use Compatibility Plan for shall be reviewed to determine
whether the identified noise levels and proposed land uses will be compatible and what additional
requirements ofthe airport plan shall be imposed in the project.
4. The consultant shall identify the criteria used to determine significance; identify and significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
EIR 15-03-POINSETTIA61
May 20, 2015
Page 15
POPULATION AND HOUSING
Tasks:
1. The consultant shall analyze the proposal to determine if it will induce substantial growth in the area
either directly or indirectly.
2. The consultant shall analyze the project for compliance with the City's Housing Element and State and
regional housing goals.
3. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
PUBLIC SERVICES
Tasks:
1. The consultant shall describe the project setting and shall determine the demands of the entire
project for the following: a) fire protection; b) police protection; c) schools; d) parks; and e) other
public facilities (government offices, etc.).
2. The consultant shall determine the ability of the agencies providing the services in item number 1
above to meet the demands ofthe proposed project in order to conclude whether a significant impact
will be created. The consultant shall evaluate if sufficient public utilities are provided forthe intensity
of development proposed to ensure that the adequacy ofthe City's public facility plan for Zone 21 will
not be adversely impacted.
3. The consultant shall prepare/have prepared a Water Supply Analysis and incorporate the findings of
the review into the text ofthe EIR.
4. The emergency response plans of the City of Carlsbad shall be analyzed in conjunction with the
proposed project to determine ifthe project will interfere with existing plans.
5. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
TRANSPORTATION/CIRCULATION
Proiect Background
The proposed development may generate additional traffic on adjacent and nearby road segments and at
adjacent and nearby intersections. A Traffic Impact Assessment has been prepared by the applicant's
traffic consultant, LSA.
EIR 15-03-POINSETTIA 61
May 20, 2015
Page 16
Tasks:
1. The consultant shall perform a peer review of the Traffic Impact Analysis (TIA) for technical accuracy
and proposed mitigation measures and add, supplement, or amend the report as necessary and
incorporate the findings ofthe review into the text of the EIR. The consultant shall incorporate or
revise the study to be consistent with the 2030 regional build-out model. If inconsistencies/flaws are
found, the EIR consultant shall work with the consultant who prepared the study to revise the
analysis/conclusions as appropriate.
2. The consultant will be provided with a City staff approved Traffic Impact Assessment for use in
preparing the Transportation/Traffic section of the EIR. The consultant shall incorporate the
information and findings ofthe study into the EIR.
3. The consultant shall review the TIA to ensure that all requirements of the City of Carisbad's Growth
Management Program are satisfied.
4. The consultant shall ensure the study limits of the TIA extend to those road segments and
intersections where 20% or more of project-generated traffic is expected to impact.
5. The consultant shall ensure that the TIA identifies the level-of-service (LOS) forthe road segments and
intersections for current, near-term and build-out scenarios are identified as it relates to the proposed
project.
6. The consultant shall review the TIA for conformance against SANTEC/ITE Guidelines (including
Congestion Management Plan analysis) for Traffic Impact Studies in the San Diego Region.
7. The consultant shall review the TIA against the assumptions made within the City's latest build-out
traffic model.
8. The consultant shall evaluate the TIA, which provides a worst-case traffic generation scenario, to
determine if any trip credits or trip reductions are applicable for proximity to non-residential
development and transit lines.
9. The consultant shall review the Tentative Map and site plan exhibits to identify any potential conflicts
for intersection sight distance, turning movements, right-lane pocket lengths, roundabouts, and
vehicular decisions associated with the project, using Caltrans standards.
10. The consultant shall identify if the proposed project creates potential impacts to areas outside the
City of Carlsbad, and ifthe project requires any mitigation measures.
11. The consultant shall ensure that all required mitigation measures identified in the reports, tentative
maps, and site plan exhibits are included in the EIR forthis project.
12. The components of the traffic/circulation analysis should include vehicular traffic, public
transportation, bike and pedestrian traffic, construction traffic, and parking. An evaluation of the
pedestrian and bicycle circulation system for potential hazards shall also be completed.
EIR 15-03-POINSETTIA61
May 20, 2015
Page 17
13. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
UTILITIES AND SERVICE SYSTEMS
Tasks:
1. The consultant shall describe the project setting and shall determine the demands of the entire
project for the following: a) wastewater treatment facilities; b) water facilities; c) storm water
drainage facilities; and d) solid waste facilities.
2. The consultant shall determine the ability of the agencies providing the services in item number 1
above to meet the demands ofthe proposed project in orderto conclude whether a significant impact
will be created.
3. The consultant shall review the sewer and water facilities proposed against the City of Carlsbad's
Master Sewer and Master Water plans for conformance and shall incorporate the findings of the
review, including any mitigation measures, into the text ofthe EIR.
4. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
MANDATORY FINDINGS OF SIGNIFICANCE
As required by and consistent with CEQA, the EIR shall address all mandatory findings of significance.
CUMULATIVE IMPACTS
Proiect Background
The development of the proposed project may lead to several cumulative impacts that need to be
addressed. These cumulative impacts may include, but may not be limited to degradation of air quality.
Tasks:
As required by CEQA, the EIR shall address cumulative impacts for the proposed project. This shall
include an identification of past, present, and reasonably anticipated future projects producing
related or cumulative impacts, and shall include a summary ofthe environmental impacts expected
to result from those projects. It should contain an analysis of the cumulative impacts of relevant
projects and any reasonable options for mitigating or avoiding any significant cumulative impacts of
the proposed project.
EIR 15-03-POINSETTIA61
May 20, 2015
Page 18
2. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
GROWTH INDUCEMENT
Tasks:
1. As required by CEQA, the EIR shall address the impacts of growth inducement created by the proposed
project.
2. The consultant shall identify the criteria used to determine significance; identify any significant and
less than significant, direct and indirect, impacts resulting from the project; recommend appropriate
mitigation measures as may be required; and, identify any impacts remaining after implementation
ofthe recommended mitigation measures.
ALTERNATIVES
As required by CEQA, the consultant shall analyze various project alternatives and provide an assessment
ofthe potential impacts associated with each alternative. The consultant shall include in the EIR some
discussion of why each of the selected alternatives was chosen for analysis. The consultant shall provide
a listing of the environmental advantages and disadvantages of each alternative. City Staff and the
consultant will agree on the alternatives to be included. The alternatives shall include, but not necessarily
be limited to, the following:
1. Proiect Alternative 1 - "No Proiect" Alternative - This alternative shall analyze the impacts associated
with the existing conditions at the time the NOP is published as well as what would be reasonably
expected to occur in the foreseeable future if the project were not approved, based on the current
General Plan and consistent with available infrastructure and community services.
2. Proiect Alternative 2- "Alternative Sites Analvsis" - The consultant shall analyze one alternative site
for the proposed project. This off-site alternative analysis shall provide a general level review of all of
the environmental issues which were evaluated for the proposed project site. The alternative site will
be identified in consultation with City Staff.
3. Proiect Alternative 3 - "Reduced Proiect" Alternative - The consultant shall evaluate a variation of
the project, which would allow for a reduced level of development intensity.
CEQA MANDATED SECTIONS
The consultant shall include all sections mandated by CEQA in the EIR.
EIR 15-03 - POINSETTIA 61
May 20, 2015
Page 19
FORMAT
The EIR should be prepared in conformance with the following:
Table of Contents
Summary
Significant Effects, Proposed Mitigation and Alternatives
Areas of Controversy
Issue to be Resolved
Project Description
Project Location Maps
Statement of Objectives
Technical, Economic and Environmental Characteristics
Intended Uses ofthe EIR
Agencies Expected to Use the EIR
List of Permits and Approvals Required
Environmental Setting
Baseline Environmental Conditions
Resources Unique to the Region
Consistency with Regional Plans
Consideration and Discussion of Environmental Impacts
Significant Effects
Significant Effects Which Cannot be Avoided or Mitigated
Significant Irreversible Changes
Growth Inducing Impacts
Mitigation Measures
Measures proposed by the Applicant
Measures recommended by the City or others
Discussion of alternative mitigation measures
Alternatives
Effects Found Not to be Significant
Discussion of Cumulative Impacts
For Final EIR:
The DEIR or a revision of it
Comments and Recommendations Received on the DEIR
Persons, Organizations, and Public Agencies commenting on the DEIR
Responses to Comments
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