HomeMy WebLinkAbout2020-10-07; Planning Commission; ; HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD MITIGATIONItem No.
Application complete date: March 12, 2020
P.C. AGENDA OF:October 7, 2020 Project Planner: Shannon Harker
Project Engineer: Kyrenne Chua
SUBJECT: HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE
BOULEVARD MITIGATION – Request for approval of a Hillside Development Permit,
Special Use Permit, Habitat Management Plan Permit and Minor Subdivision to
implement habitat mitigation associated with the development of College Boulevard
Reach “A” on two parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43 net acres)
located north of the intersection of College Boulevard and Sunny Creek Road and south
of the intersection of Cannon Road and College Boulevard, within Local Facilities
Management Zone 15. The City Planner has determined that pursuant to CEQA Section
15162, the potential environmental effects of the project were adequately analyzed in
the previously approved Mitigated Negative Declaration for the College Boulevard
Mitigation project. No additional environmental review is required.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7386 APPROVING Hillside
Development Permit (HDP 2020-0001), Special Use Permit (SUP 2020-0002), Habitat Management Plan
Permit (HMP 2020-0004) and Minor Subdivision (MS 2020-0001) based on the findings and subject to the
conditions contained therein.
II.PROJECT DESCRIPTION AND BACKGROUND
Background:
The proposed project consists of the enhancement and preservation of wetland and riparian habitat, as
well as the creation of new wetland, riparian and upland habitat areas adjacent to Agua Hedionda Creek.
The project was approved by the Planning Commission and City Council on June 3 and July 28, 2015,
respectively, but the discretionary actions have since expired (Planning Commission Resolution Nos. 7102-
7105, City Council Resolution No. 2015-207, Ordinance No. CS-282). The legislative actions (i.e., General
Plan Amendment GPA 14-02 and Zone Change ZC 14-01) associated with the mitigation project were final
and went into effect with City Council approval and are not a part of the current project.
The project satisfies the biological resources mitigation measures set forth in Environmental Impact
Report, EIR 98-02 (State Clearinghouse No. 99111082), for the future construction of Detention Basin BJ
and College Boulevard Reach “A.” This segment of College Boulevard Reach “A” is the missing link
between the northern and southern extents of College Boulevard, a major arterial road. In conjunction
with the development of the road, a bridge will be extended over Agua Hedionda Creek. The bridge is
adjacent to and immediately east of the project site. The development of College Boulevard, including
the bridge, has already been analyzed and approved pursuant to EIR 98-02.
4
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 2
New applications have been filed for the Hillside Development Permit, Special Use Permit, Habitat
Management Plan Permit and Minor Subdivision. No changes to the previously approved project are
proposed as described in the Project Description below.
Project Setting:
Agua Hedionda Creek is currently narrowly incised and flows from east to west through the central portion
of the project site. The elevation of the flow line of the creek drops nine feet through the project site,
ranging from 60’ as it enters on the east side under the College Boulevard right-of-way to 51’ above mean
sea level (MSL) as it enters the golf course to the west. The southern half of the project site (APN 209-
060-72) is generally flat and ranges in elevation from 51’ to 75’ above MSL. The northern half of the site
(APN 209-060-71) steeply climbs in elevation from 51’ to 112’ above MSL. The creek channel and adjacent
overbank areas, also known as the floodway, runs through the central portion of the project site. A large
area adjacent to the north and south sides of the creek is in the floodplain and subject to flooding during
large rain events. The entire project site is located within a Standards Area pursuant to the Habitat
Management Plan (HMP).
Project Description:
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres
(16.43 net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and
south of the intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt
road extending from the southern terminus of College Boulevard.
APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net acres). The property is designated
Open Space (OS) in the General Plan and Zoning Ordinance. APN 209-060-72, the southern parcel, is 10.95
acres in size (10.41 net acres) and has a split General Plan Land Use and Zoning designation. The northern
half of the property is adjacent to Agua Hedionda Creek and is designated OS in the General Plan and
Zoning Ordinance. The southern half of the property is designated Residential 0-4 du/ac (R-4) in the
General Plan and One-Family Residential (R-1) in the Zoning Ordinance.
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and
3.1 acres of wetland mitigation area). With exception to a few of the stables located at the southeastern
corner of the project site, the structures will be demolished to implement the proposed habitat mitigation
project. Ultimately, the remaining stables will be demolished in conjunction with the development of
College Boulevard Reach “A.”
Grading proposed in conjunction with the creation of the mitigation area includes the addition of a
contour-graded 2:1 slope adjacent to the northern and southern limits of the new wetland area and the
widening of the creek bed. A total of 73,300 cubic yards of cut and 470 cubic yards of fill is proposed. As
a result, a total of 72,830 cubic yards is proposed to be exported from the site. The applicant indicates
the exported material will be utilized in conjunction with the development of College Boulevard Reach
“A.” A 100-foot-wide wetland habitat buffer is proposed from the outer limits of the wetland mitigation
area. With exception to the bio-retention basin, which is an allowable encroachment into the wetland
habitat buffer, no development will be allowed within the buffer.
Pursuant to a letter received from the applicant’s biologist (see Attachment 7), the quantities and types
of mapped vegetation remain the same as what was originally analyzed in 2015. In addition, the scope of
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 3
the project remains the same and no changes are proposed to the project approved by the City Council in
2015. Therefore, staff is relying on the Mitigated Negative Declaration approved by the City Council
pursuant to Resolution No. 2015-207 and Planning Commission Resolution No. 7102 (see Attachments 4
and 5). Please see Section IV of the staff report for additional details regarding the environmental
determination.
The discretionary applications requested to implement the mitigation project are summarized below.
Hillside Development Permit (HDP 2020-0001). An HDP is proposed to allow for grading in an area which
has existing slopes which exceed a gradient of 15 percent and an elevation differential of 15 feet or more.
Special Use Permit (SUP 2020-0002). A SUP is proposed for grading in the existing 100-year floodplain. As
part of the proposed project, the existing floodplain limits will be modified as a result of the grading
proposed in conjunction with the creation of the habitat mitigation area.
Habitat Management Plan (HMP 2020-0004). The entire project site (APNs 209-060-71, -72) is in a
Standards Area. Pursuant to the city’s Habitat Management Plan (HMP), Consistency Findings are
required to be processed to remove Parcels C and D from the Standards Area and convert Parcel C to a
Hardline Area. In addition, the HMP permit is required to permanently preserve the sensitive riparian and
upland habitat.
Minor Subdivision (MS 2020-0001). A MS is proposed to subdivide the two existing lots (APNs 209-060-
71, -72) into four lots (Parcels A-D). The lot sizes and intended future uses are summarized below.
Parcel A: 1.0 acres (gross/net), agricultural-future garden; proposed to remain as an HMP Standards
Area;
Parcel B: 1.12 acres (gross)/0.84 acres (net), bio-retention basin for College Boulevard; to be
constructed as part of the construction of College Boulevard; proposed to be removed from the HMP
Standards Area;
Parcel C: 9.23 acres (gross)/8.81 acres (net), wetland and upland habitat mitigation open space lot,
to be preserved in perpetuity through a biological conservation easement; proposed to be removed
from the HMP Standards Area and converted to an HMP Hardline Preserve Area; and
Parcel D: 6.09 acres (gross)/5.78 acres (net); future residential development; no development
proposed at this time; proposed to remain as an HMP Standards Area.
Table 1 below includes the existing General Plan designations, zoning and current land uses of the project
site and surrounding properties.
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 4
TABLE 1 – SITE AND SURROUNDING LAND USES
Location General Plan Designation Zoning Current Land Use
Site
Residential 0-4 du/ac (R-4) and
Open Space (OS)
One-Family Residential
(R-1) and Open Space
(OS)
Vacant equestrian
facility
North Residential 4-8 du/ac (R-8) and OS Residential Density-
Multiple (RD-M) and OS
Vacant
South Residential 8-15 du/ac (R-15) and
Local Shopping Center (L)
RD-M and Local
Shopping Center (C-L)
Vacant
East R-4 and OS Limited Control (L-C) Vacant
West OS OS Rancho Carlsbad golf
course
III. ANALYSIS
A. Residential 0-4 du/ac (R-4) and Open Space (OS) General Plan Land Use designations;
B. One-Family Residential (R-1) and Open Space (O-S) (CMC Chapters 21.10 and 21.33);
C. Hillside Development Regulations (CMC Chapter 21.95);
D. Floodplain Management Regulations (CMC Chapter 21.110);
E. Habitat Preservation and Management Plan Requirements (CMC Chapter 21.210);
F. Subdivision Ordinance (Title 20 of the Municipal Code); and
G. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 15.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
and policies is discussed in the sections below.
A. Residential 0-4 du/ac (R-4) and Open Space (OS) General Plan Land Use Designations
The project site consists of two legal parcels, APNs 209-060-71 and -72. Agua Hedionda Creek roughly
defines the shared property line between the two properties. Excluding College Boulevard, the total
project area is 16.43 acres (net). The northern parcel (APN 209-060-71) is 6.49 acres in size (6.02 net
acres). The property is designated Open Space (OS) in the General Plan and Zoning Ordinance. The
southern parcel (APN 209-060-72) is 10.95 acres in size (10.41 net acres) and has a split General Plan Land
Use and Zoning designation. The northern half of the property is adjacent to Agua Hedionda Creek and is
designated OS in the General Plan and Zoning Ordinance. The southern half of the property is designated
Residential 0-4 du/ac (R-4) in the General Plan and One-Family Residential (R-1) in the Zoning Ordinance.
As part of the proposed project, the two (2) existing properties are proposed to be subdivided into a total
of four (4) parcels. To comply with the existing OS General Plan Land Use designation, Parcel A (1.0 net
acres) will be utilized as an agricultural lot; Parcel B (0.84 acres) will be developed with a bio-retention
basin for College Boulevard Reach “A”; and Parcel C (8.81 acres) will be utilized for habitat mitigation
associated with the development of College Boulevard Reach “A.” Proposed Parcel D (5.78 net acres) will
comprise the area currently designated R-4 and is reserved for future residential development. No
development is proposed on Parcel D at this time. As the proposed project does not involve the
construction of residential dwelling units, a density calculation and an allocation from the City’s Excess
Dwelling Unit Bank (EDUB) is not required for the project.
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 5
The proposed habitat mitigation project is consistent with the applicable policies and programs of the
General Plan as demonstrated in Table 2 below.
TABLE 2 – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Land Use Overall Land Use Pattern, Goal
A.1:
A City which preserves and
enhances the environment,
character, and image of itself as a
desirable residential, beach and
open-space-oriented community.
Overall Land Use Pattern, Policy
C.12:
Develop and retain open space in
all categories of land use.
Agricultural Goal A.2:
A City which supports agriculture
while planning for possible
transition to urban uses.
Environmental Objective:
To establish the preservation of
the natural habitat of the rivers,
riverbanks, streams, bays,
lagoons, estuaries, marshes,
beaches, lakes, shorelines and
canyons and other natural areas
containing rare and unique
biological resources as a high
priority.
The proposed habitat mitigation
project will permanently preserve
8.81 acres (Parcel C) of sensitive
wetland, riparian and upland
habitat adjacent to Agua Hedionda
Creek. Proposed Parcel C will be
permanently preserved as open
space through a biological
conservation easement. In
addition, consistent with the
requirements of the Habitat
Management Plan (HMP), the area
will be converted from a Proposed
Standards to a Hardline Preserve
Area. Parcel A is designated as
Open Space (OS) and will be used
as a garden area in the future.
Parcel B will be developed with a
bio-retention basin and is
designated as OS. The wetland
mitigation on Parcel C will
contribute toward the
enhancement and image of
Carlsbad as an open-space-oriented
community.
Yes
Open Space
&
Conservation
Open Space Goal A.1.
An open space system of aesthetic
value that maintains community
identity, achieves a sense of
natural spaciousness, and
provides visual relief in the
cityscape.
Open Space Goal A.3:
An open space system that
improves the quality of life for the
citizens of Carlsbad.
As discussed above, the proposed
habitat mitigation project includes
the creation of sensitive wetland,
riparian and upland habitat
adjacent to Agua Hedionda Creek
which will be permanently
preserved. The mitigation project
will enhance the overall biological
value of the area adjacent to the
creek and will assist with
maintaining a functional wildlife
corridor and habitat linkage along
Agua Hedionda Creek.
Yes
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 6
ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM
PROPOSED USES & IMPROVEMENTS
COMPLIANCE
Open Space
&
Conservation
Open Space Objective B.12:
To contribute to regional
biodiversity and the viability of
rare, unique, or sensitive
biological resources throughout
the city by maintaining functional
wildlife corridors and habitat
linkage.
Special Resource Protection Goal
A.1:
A city that protects
environmentally sensitive land
and buffer areas.
Water Quality Goal A.1:
A city with a high quality of water
resources.
The proposed habitat mitigation
project is required to comply with
the City’s Standard Urban Storm
Water Management Plan (SUSMP),
which includes the requirement to
implement Best Management
Practices (BMPs) during
construction. Ultimately, the
proposed habitat mitigation project
will improve the water quality since
the footprint of the creek will be
expanded and the wetland
vegetation will be expanded.
Further, a bio-retention basin will
be constructed to treat the run-off
associated with the development
of College Boulevard Reach “A.
Yes
B. Open Space (O-S) and Limited Control (L-C) Zone Regulations (CMC Chapters 21.33 and 21.39)
The 16.43-acre (net) project site is zoned Open Space (OS) and One-Family Residential (R-1). The proposed
Minor Subdivision to subdivide two parcels into four parcels mirrors the approval by the City Council in
2015. The intended uses for each of the four properties complies with the existing Zoning designations.
The OS Zoning designation allows for the long-term preservation of the sensitive habitat created as a
result of the mitigation project on Parcel C, as well as the construction of a future garden on Parcel A and
the construction of a bio-retention basin on Parcel B. No residential development is allowed in the OS
zone. Parcel D is zoned R-1 and allows for residential development in the future. No residential
development on Parcel D is proposed at this time.
C. Hillside Development Regulations (CMC Chapter 21.95)
As discussed in Section II above, the southern half of the project site (APN 209-060-72) is generally flat
and ranges in elevation from 51’ to 75’ above MSL. The northern half of the site (APN 209-060-71), steeply
climbs in elevation from 51’ to 112’ above MSL. As the site contains hillside conditions that include slopes
greater than 15 feet in height with a gradient equal to or greater than 15 percent, a Hillside Development
Permit is required pursuant to the city’s Hillside Development Ordinance (CMC Chapter 21.95).
Grading proposed in conjunction with the creation of the mitigation area includes the addition of a
contour-graded 2:1 slope adjacent to the northern and southern limits of the new wetland area and the
widening of the creek bed. A total of 73,300 cubic yards of cut and 470 cubic yards of fill is proposed. As
a result, a total of 72,830 cubic yards is proposed to be exported from the site. The applicant has indicated
that the exported material will be utilized in conjunction with the development of College Boulevard
Reach “A.” The grading design is consistent with the intent of the Hillside Development Ordinance, CMC
Chapter 21.95 since the proposal involves habitat restoration and the proposed 2:1 (minimum) slopes will
be contour graded. In addition, the slopes do not exceed a height of 40 feet and the proposed quantity
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 7
of grading, 7,595 cubic yards per acre, falls within the “acceptable” range of 0-7,999 cubic yards per acre.
Finally, the slopes will be planted with native species consistent with the Habitat Management Plan. The
required findings are set forth in detail in the attached Planning Commission Resolution No. 7386.
D. Floodplain Management Regulations (CMC Chapter 21.110)
Agua Hedionda Creek, a floodway with a defined bed and bank, bisects the project site. Most of the area
adjacent to the creek is located within the floodplain and is subject to flooding. Pursuant to CMC Chapter
21.110, a Special Use Permit (SUP) is required for development in the floodplain. The SUP is required to
ensure that the public health, safety, and welfare are protected and to minimize public and private losses
due to flooding.
A Hydraulic Analysis was prepared for the proposed project by Lyle Engineering (October 2014). The
Analysis concluded that the grading associated with the proposed habitat mitigation project will increase
flow conveyance volume in the floodplain areas and will significantly reduce the 100-year starting water
surface elevation (WSEL). This reduction will occur west of the College Boulevard bridge, which will be
constructed as part of the College Boulevard (Reach “A”) expansion project (EIR 98-02). Specifically, a
majority of proposed Parcels B and D will be located outside of the floodplain as a result of the project
due to the proposal to widen the channel (Parcel A is located outside of the floodplain pre-project). In
addition, results from the Hydraulic Analysis indicate that post-project flow velocities will be lower or
equal to pre-project conditions with the proposed widening of the channel. In addition, flow velocities
are significantly reduced because of the shallower depths spread across the channel bottom. The required
findings are set forth in detail in the attached Planning Commission Resolution No. 7386.
E. Habitat Preservation and Management Plan Requirements (CMC Chapter 21.210)
The Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the City, in
cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect
sensitive biological resources while allowing for additional development consistent with the General Plan
and the Growth Management Plan. In doing so, the HMP is intended to lead to citywide permits and
authorization for the incidental take of sensitive species in conjunction with private development projects,
public projects, and other activities, which are consistent with the HMP. In addition, Chapter 21.210 of
the city’s Zoning Ordinance (Habitat Preservation and Management Requirements) implements the HMP,
as well as the goals and objectives of the city’s Open Space Element of the General Plan. As discussed in
the attached Planning Commission Resolution No. 7386, the project does not conflict with any provisions
of the HMP or Zoning Ordinance.
For some key properties within the city which have not submitted proposed hardline designs for inclusion
in the preserve system, the HMP includes conservation goals and standards which will apply to future
development proposals. The goals and standards have been arranged according to the Local Facilities
Management Zones (LFMZ) to which they apply. The standards only apply to those areas within the LFMZs
not already covered by existing and proposed hardline areas, existing take authorizations or areas shown
as development areas on the HMP map. Therefore, the standards only apply to those parcels which are
designated as “Standards Areas” on the HMP map. If individual properties are proposed for development
within a zone, the property owner must show how the standards, which include goals and objectives of
the HMP, will be met. This planning should ensure that viable biological open space will be
comprehensively planned for the zone, rather than having open space areas planned piece-meal for each
parcel within the zone.
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 8
The HMP identifies the subject property (APNs 209-060-71, -72) as a Standards Area in Local Facilities
Management Zone 15. While the project site is located outside of any core or linkage habitats (pursuant
to Figure 4 of the HMP), several important core and linkage habitats comprise much of Zone 15. Some of
the natural habitat patches in the southern portion of the zone, including the subject site, border the
southern drainage, Agua Hedionda Creek, and add to its value as a wildlife movement corridor.
Agricultural areas north of Agua Hedionda Creek support a mosaic of disturbed coastal sage scrub patches
on rocky hills and ridges, along with a variety of wetland communities. These remnant natural habitat
patches, surrounded by active agricultural fields, comprise part of a stepping-stone to Linkage C for
gnatcatchers and other species.
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland habitat
areas adjacent to Agua Hedionda Creek. The creek is currently narrowly incised and flows from east to
west through the central portion of the project site. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse
No. 99111082), as it relates to the future construction of Detention Basin BJ and College Boulevard Reach
“A,” which represents the missing link between the northern and southern extents of College Boulevard,
a major arterial road. In conjunction with development of the road, a bridge will be extended over Agua
Hedionda Creek. The bridge is adjacent to and immediately east of the project site. The development of
College Boulevard, including the bridge, was analyzed and approved pursuant to EIR 98-02. The focus of
the subject application is purely on the implementation of the biological habitat mitigation for the
development of College Boulevard Reach “A.”
A Biological Technical Report (BTR), dated March 26, 2015 and Mitigation Plan (dated March 26, 2015)
were prepared for the mitigation by Alden Environmental. The BTR and Mitigation Plan can be found on
the Planning Division’s web page at
https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=45836. An updated BTR dated
August 12, 2020 concludes that there have been no changes in conditions since the preparation of the
previous report and mitigation plan (Attachment 7).
Implementation of the proposed habitat mitigation project on Parcel C results in the following impacts:
Habitat Group E:
Non-native grassland, 0.03 acres
Habitat Group F:
Agricultural Lands, 0.37 acres
Eucalyptus Woodland, 0.67 acres
Disturbed Lands, 5.28 acres
Total: 6.32 acres
Impacts to Habitat Group E, 0.03 acres of non-native grassland, will be mitigated at a 0.5:1 ratio through
the payment of an in-lieu fee. Impacts to Habitat Group F, totaling 6.32 acres, will also be mitigated
through the payment of an in-lieu fee. The habitat impacts associated with the bio-retention basin on
Parcel B are included in the impact footprint for the development of College Boulevard Reach “A.” In
addition, the impacts associated with the construction of College Boulevard Reach “A” are not included
above as the focus of the proposed project is on the impacts to implement the mitigation project, not the
construction of College Boulevard Reach “A.” All impacts from construction of Reach “A” are adequately
mitigated through the prior EIR.
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 9
Pursuant to CMC Chapter 21.210, a Habitat Management Plan Permit is required for any development
project which indirectly or directly impacts natural habitat. In addition, the habitat conservation planning
(i.e. conversion from standards area to hardline) requires the processing of a minor HMP amendment and
Consistency Findings, which are also generally referred to as “HMP Findings.” The HMP Findings analyze
a project’s consistency with the standards outlined in each zone. Concurrence from the California
Department of Fish and Wildlife and the U.S. Fish and Wildlife Service (i.e., Wildlife Agencies) was received
for the original approval of the project. Please see Attachment 6 for details. As noted above, there are
not proposed changes to the previously approved project and the updated BTR indicates that there have
been no changes in conditions since the preparation of the previous report and mitigation plan.
The HMP findings for the proposed project can be found within Planning Commission Resolution No. 7386
As discussed within the Mitigated Negative Declaration adopted by the City Council (please see
Attachments 4 and 5), with the incorporation of mitigation measures and compliance with the HMP, the
Habitat Management Plan Permit can be approved.
F. Subdivision Ordinance (Title 20 of Municipal Code)
The proposed project entails a request for a minor subdivision (MS 2020-0001) to subdivide the two
existing lots (APNs 209-060-71, -72) into four lots (Parcels A-D). The Land Development Engineering
Division has reviewed the proposed minor subdivision and has concluded that the subdivision complies
with all applicable requirements of the Subdivision Map Act, as well as the Subdivision Ordinance (Title
20). The project is required to install all infrastructure improvements concurrent with the development.
The developer will be required to offer various dedications (e.g., drainage and sewer easements, street
right-of-way for College Boulevard, etc.) and will be responsible for a number of public and private
improvements including, but not limited to, the construction of the core and frontage improvements (i.e.,
curb, gutter, sidewalks) for College Boulevard Reach “A”.
In addition, the project has been designed in accordance with the City’s Stormwater regulations. It has
been conditioned to implement Best Management Practices (BMP) for water quality protection, and to
comply with the Municipal Separate Storm Sewer (MS4) Permit, Order R9-2013-0001 as amended by
Order R9-2015-0001 & R9-2015-0100 issued by the San Diego Region of the California Regional Water
Quality Control Board as well as the City of Carlsbad Municipal Code.
G. Growth Management Ordinance (CMC Chapter 21.90), Zone 15 Local Facilities Management
Plans
The proposed project is located within Local Facilities Management Plan Zone 15 in the Northeast
Quadrant of the City. The impacts on public facilities created by the project, and its compliance with the
adopted performance standards, are summarized in Table 4 below.
HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) – COLLEGE BOULEVARD
MITIGATION
October 7, 2020
Page 10
TABLE 4 - GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A N/A
Library N/A N/A
Wastewater Treatment N/A N/A
Parks N/A N/A
Drainage Basin D Yes
Circulation N/A N/A
Fire Station Nos. 2 and 4 N/A
Open Space N/A N/A
Schools N/A N/A
Sewer Collection System N/A N/A
Water N/A (no impacts after temporary irrigation removed) N/A
IV.ENVIRONMENTAL REVIEW
On July 28, 2015, the City Council adopted the Mitigated Negative Declaration for the College Boulevard
Mitigation project (see Attachments 4 and 5). The environmental impact assessment identified
potentially significant impacts to Biological Resources, Cultural Resources, Geology/Soils, and
Hazards/Hazardous Materials. Mitigation measures were adopted such that all potentially significant
impacts have been mitigated to below a level of significance.
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), a subsequent Mitigated
Negative Declaration is not required if there are no substantial changes to the project which would require
major revisions to the project or if there are no new circumstances which require major revisions to the
project. Pursuant to a summary letter provided by the applicant’s biologist (see Attachment 7), the types
and area of vegetation onsite has not changed. Further, no changes are proposed to the scope of the
project. Therefore, since the proposed project is the same project that was approved by the City Council
in 2015 and the environmental circumstances have not changed, no additional environmental review is
required pursuant to CEQA Guidelines Section 15162.
ATTACHMENTS:
1.Planning Commission Resolution No. 7386
2.Location Map
3.Disclosure Statement
4.City Council Resolution No. 2015-207
5.Planning Commission Resolution No. 7102 (adopted Mitigated Negative Declaration)
6.Wildlife Agencies’ HMP Concurrence letter dated May 18, 2015
7.Biological Resources Update letter from Alden Environmental Inc. dated August 12, 2020
8.Reduced Exhibits
9.Full Size Exhibits “A” - "G” dated October 7, 2020
COLLEGEBLEL CAMI
N
O
R
E
A
L
SUN N Y CREEK
R
D
COTTONTAILRD
FOXTAILLOOPJACK
S
P
A
R
DR
CAMINO HILLS DRREDFOXDR
B RYANTDRRAVENPL
COYOTE CT
JACKRABBITRD PIKA STRE
E
F
C
RRANCHOCARLSBADDRDONJUANDRBR
O
W
N
I
N
G
R
D
MORGAN RDWOLVERINETRELKPL
BADGERLNFO
R
E
C
A
S
T
L
E
C
T MOUNTAIN
L
ION
STDON ARTURO DRSPE
N
C
E
R
L
N
HDP 2020-0001 / SUP 2020-0002
HMP 2020-0004 / MS 2020-0001
College Boulevard MitigationSITE MAP
SITE
E
L
C
AMINO
R
E
ALLA COSTA AVCARLSBAD B
L MELROSE
DR
POINSETT
I
A
L
N
ATTACHMENT 2
ATTACHMENT 3
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
follows:
RESOLUTION NO. 2015-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
MITIGATION MONITORING AND REPORTING PROGRAM AND
ADDENDUM, APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT
OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM)
AND OPEN SPACE (OS) TO OS FOR PROPOSED PARCELS A, B, AND
C, AND APPROVING HILLSIDE DEVELOPMENT PERMIT HOP 14-04,
SPECIAL USE PERMIT SUP 14-03, HABITAT MANAGEMENT PLAN
PERMIT HMP 14-02, AND MINOR SUBDIVISION MS 14-10 TO
ALLOW FOR THE IMPLEMENTATION OF HABITAT MITIGATION
ASSOCIATED WITH THE DEVELOPMENT OF COLLEGE BOULEVARD
REACH "A" ON TWO PARCELS (APN 209-060-71, 72) TOTALING
17.44 ACRES (16.43 NET ACRES) LOCATED NORTH OF THE
INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK
ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND
COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: GPA 14-02/HDP 14-04/SUP 14-03/HMP 14-02/
MS 14-10'
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code1 the Planning
Commission did, on June 3, 2015, hold a duly noticed public hearing as prescribed by law to
consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, attached to Planning Commission Resolution No. 7102, General Plan Amendment
14-02, according to Exhibit "GPA 14-02" attached to Planning Commission Resolution No. 7103,
and Hillside Development Permit HOP 14-04, Special Use Permit 14-03, Habitat Management
Plan Permit HMP 14-02 and Minor Subdivision MS 14-10 according to Exhibits "A-G" dated June
3,2015;and
WHEREAS, the City Council of the City of Carlsbad, on the ___ day of
----� 2015, held a duly noticed public hearing to consider said Mitigated Negative i
ATTACHMENT 4
1
2
3
4
5
7
8
9
10
11
12
13
16
17
20
24
25
26
27
28
Declaration, Mitigation Monitoring and Reporting Program and Addendum, General Plan
Amendment, Hillside Development Permit, Special Use Permit, Habitat Management Plan
Permit, and Minor Subdivision; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
6 arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program
and Addendum, General Plan Amendment, Hillside Development Permit, Special Use Permit,
Habitat Management Plan Permit, and Minor Subdivision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
14 2. That the application for a General Plan Amendment (GPA 14-02) to the
amend the Land Use Element and the Open Space and Conservation Element of the General
15 Plan to change the General Plan Land Use designation from Residential Low-Medium Density
(RLM) to Open Space (OS), as shown in Planning Commission Resolution No. 7103, is hereby
accepted and approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolution No. 7103, on file with the City Clerk, are
incorporated herein by reference, are the findings and conditions ofthe City Council, and shall
18 be effective no sooner than thirty days after its adoption.
19 3. That the recommendation of the Planning Commission for the adoption
of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, and approval of the Hillside Development Permit (HDP 14-04), Special Use Permit
21 (SUP 14-03), Habitat Management Plan Permit (HMP 14-02) and Minor Subdivision (MS 14-10)
are adopted and approved, and that the findings and conditions of the Planning Commission
22 contained in Planning Commission Resolutions No. 7102, 7104, and 7105, are on file with the
City Clerk, are incorporated herein by reference, and are the findings and conditions ofthe City
23 Council.
///
///
///
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING
PROGRAM AND ADDENDUM, TO ALLOW FOR THE IMPLEMENTATION OF
HABITAT MITIGATION ASSOCIATED WITH THE DEVELOPMENT OF
COLLEGE BOULEVARD REACH “A” ON A 17.44-ACRE SITE (16.43 NET
ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE
BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE
INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/
MS 14-10
WHEREAS, WP Golf & Equestrian, “Owner,” and Bent- West LLC, “Applicant,” has filed a
verified application with the City of Carlsbad regarding property described as
Northern Parcel, APN 209-060-71
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof, filed in the
Office of the County Recorder of San Diego County, November 16,
1896.
Said parcel being described as Parcel A of Certificate of Compliance
recorded March 27, 2007 as instrument No. 2007-0205890 of official
records.
Southern Parcel, APN 209-060-72
That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San
Diego, State of California, according to the map thereof No. 823, filed
in the Office of the County Recorder of San Diego County, November
16, 1896.
Said parcel being described as Parcel D of Certificate of Compliance
recorded September 13, 2007 as instrument No. 2007-0603110 of
official records
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program, and Addendum was prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on June 3, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7102
ATTACHMENT 5
PC RESO NO. 7102 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the initial study, analyzing the information submitted by staff, and considering
any written comments received, the Planning Commission considered all factors relating to the
Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A)That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum, Exhibit “MND,” according to
Exhibits “Notice of Intent (NOI),” and “Environmental Impact Assessment Form – Initial
Study (EIA),” attached hereto and made a part hereof, based on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and Addendum for COLLEGE
BOULEVARD MITIGATION - GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS
14-10, the potential environmental impacts therein identified for this project and any
comments thereon prior to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program
and Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
2.The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
. . .
. . .
. . .
. . .
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: College Boulevard Mitigation
PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
PROJECT LOCATION: Two contiguous parcels (APNs 209-060-71 and APN 209-060-72) located adjacent to
Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny
Creek Road and south of the intersection of Cannon Road and College Boulevard,
within the northeast quadrant of the city of Carlsbad, county of San Diego, state of
California.
PROJECT DESCRIPTION: The proposed College Boulevard Mitigation project consists of the enhancement
and preservation of sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian
and upland habitat areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (Calavera Hills Master
Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins, State Clearinghouse No. 99111082),
as it relates to the future construction of Detention Basin BJ and College Boulevard Reach A, which
represents the missing link between the northern and southern extents of College Boulevard, a major arterial
road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43
net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and south of the
intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt road extending
from the southern terminus of College Boulevard. The site is also located within the boundaries of the Zone
15 Local Facilities Management Plan. APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net
acres), and APN 209-060-72, the southern parcel, is 10.95 acres in size (10.41 net acres). Both properties
have a split General Plan Land Use designation of Open Space (OS) and Residential Low-Medium (RLM)
density and a zoning designation of Limited Control (L-C).
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and 3.1
acres of wetland mitigation area). Agua Hedionda Creek flows from east to west, bisecting the project site.
Existing uses consist of an equestrian barn and stables, an equestrian training and riding school and a vacant
single-family residence. With exception to a few of the stables located at the southeastern corner of the
project site, all of the structures will be demolished to implement the proposed habitat mitigation project.
Ultimately, the remaining stables will be demolished in conjunction with the development of College
Boulevard Reach A.
In addition to the creation of the natural habitat/mitigation area, a minor subdivision is proposed to
subdivide the existing two (2) legal lots into four (4) legal lots. Parcel A, 1.0 acres in size (gross/net), is
proposed as an agricultural open space lot; Parcel B, 1.12 gross acres (0.84 net acres) will exclusively be
developed with a bio-retention basin associated with the development of College Boulevard Reach A; Parcel
C, 9.23 gross acres (8.81 net acres) consists of the mitigation area, which will be permanently preserved as
natural open space; and Parcel D, 6.09 gross acres (5.78 net acres) is proposed to be reserved for future
residential development.
PROPOSED DETERMINATION: 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
(CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
Initial study identified potentially significant effects on the environment, but (1) revisions in the project plans
or proposals made by, or agreed to by, the applicant before the proposed Mitigated Negative Declaration and
Initial Study are released for public review would avoid the effects or mitigate the effects to a point where
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: College Boulevard Mitigation
PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
PROJECT LOCATION: Two contiguous parcels (APNs 209-060-71 and APN 209-060-72) located adjacent to
Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny
Creek Road and south of the intersection of Cannon Road and College Boulevard,
within the northeast quadrant of the city of Carlsbad, county of San Diego, state of
California.
PROJECT DESCRIPTION: The proposed College Boulevard Mitigation project consists of the enhancement
and preservation of sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian
and upland habitat areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (Calavera Hills Master
Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins, State Clearinghouse No. 99111082),
as it relates to the future construction of Detention Basin BJ and College Boulevard Reach A, which
represents the missing link between the northern and southern extents of College Boulevard, a major arterial
road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43
net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and south of the
intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt road extending
from the southern terminus of College Boulevard. The site is also located within the boundaries of the Zone
15 Local Facilities Management Plan. APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net
acres), and APN 209-060-72, the southern parcel, is 10.95 acres in size (10.41 net acres). Both properties
have a split General Plan Land Use designation of Open Space (OS) and Residential Low-Medium (RLM)
density and a zoning designation of Limited Control (L-C).
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and 3.1
acres of wetland mitigation area). Agua Hedionda Creek flows from east to west, bisecting the project site.
Existing uses consist of an equestrian barn and stables, an equestrian training and riding school and a vacant
single-family residence. With exception to a few of the stables located at the southeastern corner of the
project site, all of the structures will be demolished to implement the proposed habitat mitigation project.
Ultimately, the remaining stables will be demolished in conjunction with the development of College
Boulevard Reach A.
In addition to the creation of the natural habitat/mitigation area, a minor subdivision is proposed to
subdivide the existing two (2) legal lots into four (4) legal lots. Parcel A, 1.0 acres in size (gross/net), is
proposed as an agricultural open space lot; Parcel B, 1.12 gross acres (0.84 net acres) will exclusively be
developed with a bio-retention basin associated with the development of College Boulevard Reach A; Parcel
C, 9.23 gross acres (8.81 net acres) consists of the mitigation area, which will be permanently preserved as
natural open space; and Parcel D, 6.09 gross acres (5.78 net acres) is proposed to be reserved for future
residential development.
PROPOSED DETERMINATION: 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
(CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
Initial study identified potentially significant effects on the environment, but (1) revisions in the project plans
or proposals made by, or agreed to by, the applicant before the proposed Mitigated Negative Declaration and
Initial Study are released for public review would avoid the effects or mitigate the effects to a point where
clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light
of the whole record before the City that the project “as revised” may have a significant effect on the
environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of
Carlsbad Planning Commission.
AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated Negative
Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008 and is
available online at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp.
COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in
reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding
that the project will not have a significant effect on the environment. If persons and public agencies believe
that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why
they believe the effect would occur; and (3) explain why they believe the effect would be significant. Written
comments regarding the draft Mitigated Negative Declaration should be directed to Shannon Werneke,
Associate Planner, at the address listed below or via email to shannon.Werneke@carlsbadca.gov. Comments
must be received within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by
the Planning Commission. Additional public notices will be issued when those public hearings are scheduled.
If you have any questions, please call Shannon Werneke in the Planning Division at (760) 602-4621.
PUBLIC REVIEW PERIOD April 7, 2015 to May 6, 2015
PUBLISH DATE April 7, 2015
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: College Boulevard Mitigation
PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
PROJECT LOCATION: Two contiguous parcels (APNs 209-060-71 and APN 209-060-72) located adjacent to
Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny
Creek Road and south of the intersection of Cannon Road and College Boulevard,
within the northeast quadrant of the city of Carlsbad, county of San Diego, state of
California.
PROJECT DESCRIPTION: The proposed College Boulevard Mitigation project consists of the enhancement
and preservation of sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian
and upland habitat areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (Calavera Hills Master
Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins, State Clearinghouse No. 99111082),
as it relates to the future construction of Detention Basin BJ and College Boulevard Reach A, which
represents the missing link between the northern and southern extents of College Boulevard, a major arterial
road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43
net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and south of the
intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt road extending
from the southern terminus of College Boulevard. The site is also located within the boundaries of the Zone
15 Local Facilities Management Plan. APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net
acres), and APN 209-060-72, the southern parcel, is 10.95 acres in size (10.41 net acres). Both properties
have a split General Plan Land Use designation of Open Space (OS) and Residential Low-Medium (RLM)
density and a zoning designation of Limited Control (L-C).
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and 3.1
acres of wetland mitigation area). Agua Hedionda Creek flows from east to west, bisecting the project site.
Existing uses consist of an equestrian barn and stables, an equestrian training and riding school and a vacant
single-family residence. With exception to a few of the stables located at the southeastern corner of the
project site, all of the structures will be demolished to implement the proposed habitat mitigation project.
Ultimately, the remaining stables will be demolished in conjunction with the development of College
Boulevard Reach A.
In addition to the creation of the natural habitat/mitigation area, a minor subdivision is proposed to
subdivide the existing two (2) legal lots into four (4) legal lots. Parcel A, 1.0 acres in size (gross/net), is
proposed as an agricultural open space lot; Parcel B, 1.12 gross acres (0.84 net acres) will exclusively be
developed with a bio-retention basin associated with the development of College Boulevard Reach A; Parcel
C, 9.23 gross acres (8.81 net acres) consists of the mitigation area, which will be permanently preserved as
natural open space; and Parcel D, 6.09 gross acres (5.78 net acres) is proposed to be reserved for future
residential development.
DETERMINATION: 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, the Initial Study
identified potentially significant effects on the environment, and the City of Carlsbad finds as follows:
Although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on the attached sheet have
been added to the project.
The proposed project MAY have “potentially significant impact(s)” on the environment, but at least
one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant
to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects
that remained to be addressed).
Although the proposed project could have a significant effect on the environment, there WILL NOT
be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project. Therefore, nothing further is required.
A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file in
the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
ATTEST:
DON NEU, AICP
City Planner
Initial Study
June 2013 -1-Initial Study
1.PROJECT NAME: College Boulevard Mitigation
2.PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
3.LEAD AGENCY:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
4.PROJECT APPLICANT:
Bent-West LLC
5796 Armada Drive, Ste. 300
Carlsbad, CA 92008
5.LEAD AGENCY CONTACT PERSON: Shannon Werneke, Associate Planner, (760) 602-4621
6.PROJECT LOCATION: Two contiguous parcels (APNs 209-060-71 and APN 209-060-72) located
adjacent to Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny Creek
Road and south of the intersection of Cannon Road and College Boulevard, within the northeast
quadrant of the city of Carlsbad, county of San Diego, state of California.
7.GENERAL PLAN LAND USE DESIGNATION: RLM/OS (Residential Low-Medium Density, 0-4 du/ac
and Open Space).
8.ZONING: L-C (Limited Control)
9.PROJECT DESCRIPTION:
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland
habitat areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (Calavera Hills
Master Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins, State Clearinghouse
No. 99111082), as it relates to the future construction of Detention Basin BJ and College Boulevard
Reach A, which represents the missing link between the northern and southern extents of College
Boulevard, a major arterial road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres
(16.43 net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and
south of the intersection of Cannon Road and College Boulevard. Access to the site is provided by a
dirt road extending from the southern terminus of College Boulevard. The site is also located within
the boundaries of the Zone 15 Local Facilities Management Plan.
APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net acres), and APN 209-060-72, the
southern parcel, is 10.95 acres in size (10.41 net acres). Both properties have a split General Plan Land
Use designation of Open Space (OS) and Residential Low-Medium (RLM) density and a zoning
designation of Limited Control (L-C).
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area
and 3.1 acres of wetland mitigation area). Agua Hedionda Creek flows from east to west, bisecting
the project site. Existing uses consist of an equestrian barn and stables, an equestrian training and
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -2-Initial Study
riding school and a vacant single-family residence. With exception to a few of the stables located at
the southeastern corner of the project site, all of the structures will be demolished to implement the
proposed habitat mitigation project. Ultimately, the remaining stables will be demolished in
conjunction with the development of College Boulevard Reach A.
Grading proposed in conjunction with the creation of the mitigation area includes the addition of a
contour-graded 2:1 slope adjacent to the northern and southern limits of the new wetland area and
the widening of the creek bed. A total of 73,300 cubic yards of cut and 470 cubic yards of fill is
proposed. As a result, a total of 72,830 cubic yards is proposed to be exported from the site. The
applicant has indicated that the exported material will be utilized in conjunction with the
development of College Boulevard Reach A. A 100-foot-wide wetland buffer is proposed from the
outer limits of the newly-created wetland mitigation area. With exception to the bio-retention basin,
which is an allowable encroachment, no development will be allowed within this buffer.
In addition to the creation of the natural habitat/mitigation area, a minor subdivision is proposed to
subdivide the existing two (2) legal lots into four (4) legal lots. Parcel A, 1.0 acres in size (gross/net),
is proposed as an agricultural open space lot; Parcel B, 1.12 gross acres (0.84 net acres) will exclusively
be developed with a bio-retention basin associated with the development of College Boulevard Reach
A; Parcel C, 9.23 gross acres (8.81 net acres) consists of the mitigation area, which will be permanently
preserved as natural open space; and Parcel D, 6.09 gross acres (5.78 net acres) is proposed to be
reserved for future residential development.
The project involves a General Plan Amendment (GPA 14-02), Zone Change (ZC 14-01), Habitat
Management Plan Permit (HMP 14-02), Hillside Development Permit (HDP 14-04), Special Use Permit
(SUP 14-03), and Minor Subdivision (MS 14-10).
A General Plan Amendment (GPA) is required as part of this application since the future habitat
boundaries extend beyond the limit of the existing Open Space (OS) land use designation. The
expanded OS area will allow for the natural habitat to be placed in a separate lot (Parcel C) and
preserved in perpetuity. In addition, an OS General Plan Land Use designation is proposed for Parcels
A (agricultural lot) and B (College Boulevard Reach A detention basin).
A Zone Change (ZC) is required to change the zoning designation from Limited Control (L-C) to Open
Space to allow for the creation of the agricultural lot (Parcel A), the detention basin lot (Parcel B) as
well as the natural open space/mitigation lot (Parcel C). Parcel D is proposed to remain as L-C. As part
of the General Plan Update, the zoning designation of L-C will be changed. No development on Parcel
D is proposed in conjunction with the proposed habitat mitigation project.
A Hillside Development Permit (HDP) is proposed to allow for grading in an area which has existing
slopes which exceed a gradient of 15% and an elevation differential of 15 feet or more.
A Special Use Permit (SUP) is proposed for grading in the existing 100-year floodplain.
A Habitat Management Plan (HMP) Permit is required since the existing lots are located within a
Standards Area pursuant to the HMP. Consistency Findings are required to be processed for Parcels
B and C to remove the parcels from the Standards Area.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -3-Initial Study
A Minor Subdivision (MS) is proposed to subdivide the two existing lots into four lots. The lot sizes
and intended future use are summarized below:
Parcel A: 1.0 acres (gross/net), agricultural-future garden; proposed to remain as an HMP
Standards Area;
Parcel B: 1.12 acres (gross)/0.84 acres (net), bio-retention basin for College Boulevard; to be
constructed as part of the construction of College Boulevard; proposed to be removed from the
HMP Standards Area;
Parcel C: 9.23 acres (gross)/8.81 acres (net), wetland and upland habitat mitigation open space
lot, to be preserved in perpetuity through a biological conservation easement; proposed to be
removed from the HMP Standards Area and converted to an HMP Hardline Area; and
Parcel D: 6.09 acres (gross)/5.78 acres (net); future residential development; no development
proposed at this time; proposed to remain in HMP Standards Area.
10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES:
The existing environmental setting of the subject properties can be generally characterized as semi-
rural. Surrounding land uses include a vacant parcel to the north, a vacant commercially-zoned parcel
to the south, the Sunny Creek neighborhood to the southeast consisting of single-family homes and
multi-family apartments, and a single-family home and the Rancho Carlsbad golf course to the west.
Agua Hedionda Creek, which is currently narrowly incised, flows from east to west through the central
portion of the project site. The elevation of the flow line of the creek drops nine feet through the
project site, ranging from 60’ as it enters on the east side under the College Boulevard right-of-way to
51’above mean sea level (MSL) as it enters the golf course to the west. The southern half of the
project site (APN 209-060-72) is generally flat and ranges in elevation from 51’ to 75’ above MSL. The
northern half of the site (APN 209-060-71), steeply climbs in elevation from 51’ to 112 above MSL.
The central portion of the project site is located in the floodway, while a majority of the overall project
site is currently located in the floodplain. The entire project site is located within a Standards Area
pursuant to the HMP.
11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation
agreements):
United States Army Corp. of Engineers, California Department of Fish and Game, San Diego Regional
Water Quality Control Board
12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: The proposed College Boulevard Mitigation
project is associated with Final Environmental Impact Report, EIR 98-02, Calavera Hills Master Plan
Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins (SCH No. 99111082) as it
implements the biological resource mitigation measures for the extension of Detention Basin BJ and
College Boulevard Reach A.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HMP 14-02/HDP 14-04/SUP 14-03/MS 14-10
June 2013 -6-Initial Study
EVALUATION OF ENVIRONMENTAL IMPACTS:
1.A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parentheses following each question. A "No Impact"
answer is adequately supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No
Impact" answer should be explained where it is based on project-specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2.All answers must take account of the whole action involved, including off-site as well as on-site, cumulative
as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3.Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation,
or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that
an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4."Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how
they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as
described in (5) below, may be cross-referenced).
5.Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect
has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case,
a brief discussion should identify the following:
a.Earlier Analysis Used. Identify and state where they are available for review.
b.Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c.Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
6.Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7.Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8.The explanation of each issue should identify:
a.The significance criteria or threshold, if any, used to evaluate each question; and
b.The mitigation measure identified, if any, to reduce the impact to less than significant.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HMP 14-02/HDP 14-04/SUP 14-03/MS 14-10
June 2013 -7- Initial Study
I. AESTHETICS
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒
b) Substantially damage scenic resources, including but not limited
to, trees, rock outcroppings, and historic buildings within a State
scenic highway?
☐ ☐ ☒ ☐
c) Substantially degrade the existing visual character or quality of the
site and its surroundings? ☐ ☐ ☒ ☐
d) Create a new source of substantial light and glare, which would
adversely affect day or nighttime views in the area? ☐ ☐ ☐ ☒
a) No Impact. The existing environmental setting of the subject property can generally be characterized
as semi-rural. A majority of the project site is located at a lower elevation than the adjacent properties,
particularly from the north and east, no formally designated state or local scenic vistas exist on the project
site. Therefore, no impact is assessed.
b) Less Than Significant Impact. A number of equestrian-related buildings on the project site will be
demolished in conjunction with the proposed habitat mitigation project; however, none of the structures
are designated as historic structures. The project site is not located within the view shed of a State scenic
highway or any State highway that is designated by the California Department of Transportation as eligible
for listing as a scenic highway.
The project is implementing biological mitigation measures identified in EIR 98-02, and is associated with
the future construction of College Boulevard (Reach A). Sensitive biologic resources located within the
project area, including trees, will be removed to create the mitigation area. The existing sycamore trees
located adjacent to the creek will be avoided to the maximum extent feasible during grading; it is
anticipated that several trees will be removed as part of the proposed grading design for the enhancement
of Agua Hedionda Creek. However, these resources will be replaced and enhanced as part of the proposed
habitat mitigation project. Overall, the scenic value of the area will be enhanced with the implementation
of this project since it involves the restoration of sensitive riparian and wetland habitat adjacent to Agua
Hedionda Creek and the removal of the existing structures. Therefore, a less than significant impact is
assessed.
c) Less Than Significant Impact. The proposed College Boulevard Mitigation project consists of the
enhancement and preservation of sensitive wetland and riparian habitat, as well as the creation of new
wetland, riparian and upland habitat areas adjacent to Agua Hedionda Creek. The grading design consists
of the re-contouring of an existing slope along the northern boundary of the habitat mitigation site (i.e.,
Parcel C), as well as the addition of a new variable slope along the southern boundary of Parcel C, which
will be contour graded and ultimately planted with sensitive upland habitat species. Short-term
construction related impacts would consist primarily of grading activities, including the presence of
construction equipment and debris and temporary safety signage. Implementation of the proposed
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -8-Initial Study
habitat mitigation project will ultimately enhance the visual character and quality of the site and
surroundings. Therefore, a less than significant impact is assessed.
d)No Impact. The proposed project will not create a new source of substantial light or glare. Any lighting
which exists for the existing equestrian buildings will be removed in conjunction with the habitat
mitigation project. In addition, lighting will not be allowed in the future native habitat preserve.
Therefore, no impact is assessed.
II.AGRICULTURAL AND FOREST RESOURCES *
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a)Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
☐☐ ☐☒
b)Conflict with existing zoning for agricultural use, or a Williamson
Act contract?☐☐ ☐☒
c)Involve other changes in the existing environment, which, due to
their location or nature, could result in conversion of Farmland to
non-agricultural use or conversion of forest land to non-forest use?
☐☐ ☐☒
* In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to
the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of
Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts
to forest resources are significant environmental effects, lead agencies may refer to information compiled by the California
Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in
Forest Protocols adopted by the California Air Resources Board.)
a)No Impact. The project site is not designated as Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (California State Department of Conservation, June 1990). Therefore, no impact is
assessed.
b)No Impact. The existing project site, APNs 209-060-71 and APN 209-060-72, is not encumbered by a
Williamson Act contract. A small portion of APN 209-060-71 is currently used as a garden. As part of the
proposed project, the garden area will be removed but is anticipated to be relocated to Parcel A. Beyond
the proposed habitat mitigation, no development is proposed in conjunction with the project. Therefore,
no impact is assessed.
c) No Impact. The project would not conflict with the existing zoning or land uses within the project area
or in adjacent areas. The project is not proposed within a forestry or timber zone, nor is any part of the
project area used for forestry or timber purposes. As a result, no impacts will occur related to the rezoning
of forest land, timberland, or timberland production. Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -9-Initial Study
III.AIR QUALITY*
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less Than Significant Impact No Impact a)Conflict with or obstruct implementation of the applicable air
quality plan?☐☐ ☐☒
b)Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?☐☐ ☒☐
c)Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is in non-attainment under
an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
☐☐ ☒☐
d)Expose sensitive receptors to substantial pollutant
concentrations?☐☐ ☐☒
e)Create objectionable odors affecting a substantial number of
people?☐☐ ☒☐
* Where available, the significance criteria established by the applicable air quality management or air pollution control district
may be relied upon to make the following determinations.
a)No Impact. The project site is located in the San Diego Air Basin, which is currently designated as a
nonattainment area for the state standard for PM10, PM2.5, 1-Hour and 8-Hour ozone, and the Federal 8-
Hour Standard for ozone. The periodic violations of national Ambient Air Quality Standards (AAQS) in the
San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed
outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this
attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly
by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). The
RAQS outlines the APCD’s plans and regulatory control measures designed to attain state air quality
standards for ozone. The RAQS, which was initially adopted in 1991, is updated on a triennial basis with
the most recent update occurring in April 2009.
The APCD has also developed the SDAB’s input into the State Implementation Plan (SIP) which is required
under the Federal Clean Air Act (CAA) for pollutants that are designated as being in nonattainment of
national air quality standards for the air basin. The SIP relies on the same information from SANDAG to
develop emission inventories and emission control strategies that are included in the attainment
demonstration for the air basin.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that
are incorporated into the air quality planning document. These growth assumptions are based on each
city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan,
then the project presumably has been anticipated with the regional air quality planning process. Such
consistency would ensure that the project would not have an adverse regional air quality impact. As
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -10-Initial Study
discussed in Section X (Land Use & Planning) below, the proposed project, which entails a habitat
mitigation project and changing the General Plan Land Use and zoning designations for Parcels A-D, is
consistent with the General Plan; therefore, the project would not have an adverse regional air quality
impact.
Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable
air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS
and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality
standards. The California Air Resources Board provides criteria for determining whether a project
conforms with the RAQS which include the following:
Is a regional air quality plan being implemented in the project area?
Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is
being implemented. Given the proposed land use changes from Residential Low-Medium Density and
Open Space (OS) to exclusively OS for Parcels A-C, the project will in no way conflict with or obstruct
implementation of the regional plan. Therefore, no impact is assessed.
b)Less Than Significant. The closest air quality monitoring station to the project site is at Camp Pendleton
and Escondido (E. Valley Parkway). Data available for these monitoring sites from 2009 through 2011,
indicate that the most recent air quality violations recorded were as follows: the 1-Hour ozone
concentration did not exceed the state standard any time during the years 2009 through 2011; the 8-Hour
ozone concentration exceeded both the state and federal standard in 2009 and 2010 and the state
standard was exceeded twice in 2011; the daily PM10 concentration exceeded the state standard in 2009,
but not in 2010 or 2011; and the federal standard for PM10 and the federal 24-Hour PM2.5 standard was
not exceeded during the 2009 through 2011 time period. No other violations of any air quality standards
have been recorded during the years 2009 through 2011.
The project would involve minimal short-term emissions associated with grading the habitat mitigation
area. Pursuant to the Air Quality Analysis prepared for the habitat mitigation project (LSA Associates, Inc.,
August, 2014), and summarized in the table below, the short-term construction-related emissions are not
projected to exceed the County of San Diego thresholds, and would be minimized through standard
construction measures (Rule 55, SDAPCD requirements) such as the use of properly tuned equipment and
watering the site for dust control.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -11- Initial Study
Short-Term Regional Construction Emissions
Construction Phase
Total Regional Pollutant Emissions (lbs./day)
ROG
NOX
CO
SO2
Fugitive
PM10
Exhaust
PM10
Fugitive
PM2.5
Exhaust
PM2.5
CO2e
Site Preparation 5.3 57 44 0.041 8.3 3.1 4.5 2.8 4,300
Grading 4.4 47 34 0.053 4.8 2.3 2 2.1 5,400
Peak Daily 5.3 57 44 0.053 11 7.3 5,400
County of San Diego
Thresholds 75 250 550 250 100 55 No
Threshold Significant Emissions? No No No No No No
Source: LSA Associates, Inc., August 2014.
CO = carbon monoxide
CO2 = carbon dioxide
CO2e = carbon dioxide equivalent lbs./day = pounds per day
NOx = nitrogen oxides
PM2.5 = particulate matter less than 2.5 microns in size
PM10 = particulate matter less than 10 microns in size
ROG = reactive organic compounds
SOx = sulfur oxides
No long-term emissions would be associated with the project since the proposal only involves grading for
the habitat mitigation area. Parcels A-C are proposed to be designated as Open Space. Specifically, Parcel
A will be utilized as a garden, Parcel B will be developed with a bio-retention basin for College Boulevard
Reach A and Parcel C will be permanently preserved as sensitive habitat. While Parcel D has the potential
to be developed with a residential product in the future, no development is proposed at this time. The
short-term emissions associated with the project would neither result in the violation of any air quality
standard, nor contribute substantially to an existing or projected air quality violation. Any impact is
assessed as less than significant.
c) Less Than Significant Impact The air basin is currently in a state non-attainment zone for ozone and
suspended fine particulates. The proposed project would represent a contribution to a cumulatively
considerable potential net increase in emissions throughout the air basin. As described above, however,
emissions associated with the proposed project would be minimal and short-term. Given the limited
emissions potentially associated with the proposed project, air quality would be essentially the same
whether or not the proposed project is implemented. According to the CEQA Guidelines Section
15064(h)(3), the proposed project’s incremental contribution to the cumulative effect is not cumulatively
considerable. Any impact is assessed as less than significant.
d) No Impact. There are no sensitive receptors located adjacent to the project site. Therefore, no impact
is assessed.
e) Less Than Significant Impact. During the grading operations to create the habitat mitigation site, the
proposed project would generate some fumes from the construction equipment, which may be
considered objectionable to some people. Such exposure would be short-term or transient. In addition,
the number of people exposed to such transient impacts is not considered substantial. Any impact is
assessed as less than significant.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -12-Initial Study
IV.BIOLOGICAL RESOURCES
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a)Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
☐☒☐ ☐
b)Have a substantial adverse effect on any riparian, aquatic or
wetland habitat or other sensitive natural community identified in
local or regional plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and Wildlife Service?
☐☒☐ ☐
c)Have a substantial adverse effect on federally protected wetlands
as defined by Section 404 of the Clean Water Act (including but
not limited to marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
☐☒☐ ☐
d)Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
☐☐ ☒☐
e)Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance?☐☒☐ ☐
f)Conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan?
☐☒☐ ☐
a-c, e, f)Potentially Significant Unless Mitigation Incorporated.
d)Less than Significant Impact
(all sections discussed together below)
The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide
program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve
the diversity of habitat and protect sensitive biological resources within the City while allowing for
additional development consistent with the City’s General Plan and its Growth Management Plan. In
doing so, the HMP is intended to lead to citywide permits and authorization for the incidental take of
sensitive species in conjunction with private development projects, public projects, and other activities,
which are consistent with the HMP. The following is an analysis of the proposed project, and its
consistency with the provisions of the City’s HMP. In addition, Chapter 21.210 of the city’s Zoning
Ordinance (Habitat Preservation and Management Requirements) implements the HMP as well as the
goals and objectives of the city’s Open Space Element of the General Plan. As discussed in the subsequent
sections, with the incorporation of mitigation measures to reduce the impacts to a less than significant
level, the project does not conflict with any provisions of the HMP or Zoning Ordinance.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -13-Initial Study
For some key properties within the city which have not submitted proposed hardline designs for inclusion
in the preserve system, the HMP includes conservation goals and standards which will apply to future
development proposals. The goals and standards have been arranged according to the Local Facilities
Management Zones (LFMZ) to which they apply. The standards only apply to those areas within the LFMZs
not already covered by existing and proposed hardline areas, existing take authorizations or areas shown
as development areas on the HMP map. Therefore, the standards only apply to those parcels which are
designated as “Standards Areas” on the HMP map. If individual properties are proposed for development
within a zone, the property owner must show how the standards, which include goals and objectives of
the HMP, will be met. This planning should ensure that viable biological open space will be
comprehensively planned for the zone, rather than having open space areas planned piece-meal for each
parcel within the zone.
The HMP identifies the subject property (APNs 209-060-71, -72) as a Standards Area in Local Facilities
Management Zone 15. While the project site is located outside of any core or linkage habitats (pursuant
to Figure 4 of the HMP), a number of important core and linkage habitats comprise much of Zone 15,
including Core Ares 3 and 5, as well as Link C. The northern portion of Zone 15 includes much of Core Area
3, which is already largely existing and proposed hardline open space. Critical blocks of coastal sage scrub
in this area are densely occupied by a critical population of California gnatcatchers and other sensitive
species. The southeastern portion of the Zone, includes Core Area 5 as well as Link C. Some of the natural
habitat patches in the southern portion of the zone, including the subject site, border the southern
drainage, Agua Hedionda Creek, and add to its value as a wildlife movement corridor. Agricultural areas
north of Agua Hedionda Creek support a mosaic of disturbed coastal sage scrub patches on rocky hills and
ridges, along with a variety of wetland communities. These remnant natural habitat patches, surrounded
by active agricultural fields, comprise part of a stepping stone to Linkage C for gnatcatchers and other
species.
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland habitat
areas adjacent to Agua Hedionda Creek. The creek is currently narrowly incised and flows from east to
west through the central portion of the project site. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse
No. 99111082), as it relates to the future construction of Detention Basin BJ and College Boulevard Reach
A, which represents the missing link between the northern and southern extents of College Boulevard, a
major arterial road. In conjunction with development of the road, a bridge will be extended over Agua
Hedionda Creek. The bridge is adjacent to and immediately east of the project site. The development of
College Boulevard, including the bridge, have already been analyzed and approved pursuant to EIR 98-02.
The focus of the subject application is purely on the implementation of the biological habitat mitigation
for the development of College Boulevard. In addition, a Minor Subdivision is proposed to create separate
lots. The uses for each lot are as follows:
Parcel A: 1.0 acres (gross/net), agricultural-future garden; proposed to remain in HMP Standards
Area.
Parcel B: 1.12 acres (gross)/0.84 acres (net), bio-retention basin for College Boulevard; to be
constructed as part of the construction of College Boulevard; proposed to be removed from HMP
Standards Area.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -14-Initial Study
Parcel C (College Boulevard Reach A habitat mitigation parcel): 9.23 acres (gross)/8.81 acres (net),
wetland and upland habitat mitigation open space lot and proposed HMP hardline area, to be
preserved in perpetuity through a biological conservation easement; and
Parcel D: 6.09 acres (gross)/5.78 acres (net); future residential development; no development
proposed at this time; proposed to remain in HMP Standards Area.
**gross acreage includes College Boulevard footprint; net acreage is lot area excluding College Boulevard
A Biological Technical Report (BTR), dated March 26, 2015 and Mitigation Plan (dated March 26, 2015)
have been prepared for the proposed project by Alden Environmental. For the purposes of analyzing the
impacts to biological resources in this section, it is important to note that proposed Parcel C (i.e., College
Boulevard habitat mitigation parcel) is part of two existing properties (APNs 209-060-71, -72) which are
commonly referred to as Equestrian Center North (ECN) and Equestrian Center South (ECS) and together
as “ECNS” in the BTR.
In addition, the BTR incorporates the biological resource impacts associated with the development of
Detention Basin BJ and College Boulevard Reach A, as it is necessary to re-confirm the impacts pursuant
to what was approved under EIR 98-02 (Calavera Hills Master Plan Phase II, Bridge and Thoroughfare
District No. 4 & Detention Basins, State Clearinghouse No. 99111082). Pursuant to city correspondence
dated February 23, 2010, the development of College Boulevard Reach A was found to be consistent with
the HMP.
All biological resource impacts associated with the development of College Boulevard Reach A and
Detention Basin BJ are proposed to be mitigated on proposed Parcel C. For the purposes of the subject
Mitigated Negative Declaration, the compliance/CEQA analysis of the impacts should focus on the habitat
mitigation site as that is the scope of the proposed project. However, since the two projects (i.e., habitat
mitigation and the development of College Boulevard) are directly related to one another, the required
mitigation, including the development of Detention Basin BJ and College Boulevard Reach A, is included
in the table below and also discussed from a contextual standpoint throughout this Section so it is clear
what is required to be mitigated on proposed Parcel C. The HMP Findings, however, purely focus on the
habitat impacts associated with the implementation of the mitigation measures, namely on proposed
Parcels B and C. For a detailed discussion of the impacts related to the development of College Boulevard
Reach A and Detention Basin BJ, please see the BTR prepared by Alden. Please also refer to EIR 98-02.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -15-Initial Study
TABLE 1
Existing Conditions, Parcels A-D (gross acreage)
VEGETATION COMMUNITY/
WILDLIFE HABITAT
PARCEL
A
PARCEL
B
PARCEL
C
PARCEL
D TOTAL
Habitat Group A
Freshwater Marsh --
Riparian (mule fat) scrub --
Riparian (southern willow) scrub -- 0.72 0.72
Riparian (sycamore) woodland -- 1.17 1.17
Southern coast live oak riparian forest --
Disturbed wetland (Arundo) - 0.04 0.04
Habitat Group D
Coastal sage scrub 0.01 0.05 0.06
Coastal sage (Baccharis) scrub
Coastal sage scrub
(including disturbed)
Habitat Group E
Non-native grassland 0.12 0.12
Habitat Group F
Agricultural lands 0.02 0.56 0.37 0.95
Eucalyptus woodland 0.53 0.68 0.01 1.22
Disturbed lands 0.98 0.02 5.57 6.07 12.64
Ornamental 0.51 0.01 0.52
Developed
TOTAL 1.00 1.12 9.23 6.09 17.44
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -16-Initial Study
In order to implement the mitigation associated with the development of College Boulevard Reach A, the
following impacts are proposed on proposed Parcel C. Please note that any area impacted on Proposed
Parcel C which falls within the footprint of College Boulevard Reach A is accounted for in the College
Boulevard impacts, not the table below. In addition, as proposed Parcel B is a required bio-retention basin
for the development of College Boulevard Reach A, the impacts associated with the development of Parcel
B are also included in the impacts for the development of College Boulevard Reach A.
Table 2
Habitat Impacts- Parcel C
VEGETATION COMMUNITY/
WILDLIFE HABITAT
PARCEL
C
Habitat Group A
Freshwater Marsh
Riparian (mule fat) scrub
Riparian (southern willow) scrub
Riparian (sycamore) woodland
Southern coast live oak riparian forest
Disturbed wetland (Arundo)
Habitat Group D
Coastal sage scrub
Coastal sage (Baccharis) scrub
Coastal sage scrub
(including disturbed)
Habitat Group E
Non-native grassland 0.03
Habitat Group F
Agricultural lands 0.37
Eucalyptus woodland 0.67
Disturbed lands 5.28
Ornamental 0.51
Developed
TOTAL 6.86
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -17- Initial Study
Table 3 below (Table 1 in Alden BTR) summarizes the vegetation communities which would be impacted
for the development of College Boulevard Reach A and Detention Basin BJ, as well as for the
implementation of the mitigation on the proposed Parcel C. The mitigation ratios and the resulting area
(in acres) required to mitigate the various impacts are also included.
Table 3
Habitat Impacts/Required Mitigation
VEGETATION COMMUNITY/
WILDLIFE HABITAT
COLLEGE
REACH A /
BASIN BJ
IMPACTS 2
PARCEL C,
HABITAT
MITIGATION
IMPACTS
MITIGATION
RATIO OR
ACREAGE
REQUIRED
MITIGATION
Wetland/Riparian Community/Wildlife Habitat
Habitat Group A
Freshwater Marsh 0.09 -- 3:1 0.27
Riparian (mule fat) scrub 0.10 -- 3:1 0.30
Riparian (southern willow) scrub 0.36 -- 3:1 1.08
Riparian (sycamore) woodland 0.13 -- 3:1 0.39
Disturbed wetland (Arundo) 0.04 -- 3:1 0.12
Total Wetland/Riparian Habitat 0.723 -- 2.16
Upland Communities/Habitat
Habitat Group D
Coastal sage scrub 0.59 -- 2:1 1.18
Coastal sage (Baccharis) scrub 0.90 -- 2:1 1.80
Coastal sage scrub
(including disturbed) 1.12 -- 2:1 2.24
Habitat Group E
Non-native grassland 0.28 0.03 0.5:1 0.16 (fee)
Subtotal Upland 2.89 0.03
5.38 (0.16 fee)
Other Areas
Habitat Group F
Agricultural lands 15.71 0.37 16.08 In lieu fee
Eucalyptus woodland 1.50 0.67 2.17 In lieu fee
Disturbed lands 2.86 5.28 8.14 In lieu fee
Ornamental1 -- 0.51 -- No Fee
Developed1 3.45 -- -- No Fee
Subtotal Other Areas 23.52 6.83
TOTAL 27.13 6.86
1No habitat group assigned.
2Impacts associated with the development of College Boulevard Reach A and Detention Basin BJ, approved pursuant to EIR 98-02 (SCH No.
99111082), have been updated to satisfy current stormwater requirements, pursuant to the Alden Biological Technical Report, March 26, 2015.
This includes the impacts associated with the additional bio-retention basins.
3 This includes impacts to wetland Waters of the U.S. and State. Impacts would also occur to 0.12 acres of non-wetland Waters of the U.S. and
State, but since they are related to streambed (not a vegetated wetland/riparian community/habitat), the impacts are not included in this table.
They are addressed below under Direct Impacts, Non-wetland Waters of the U.S. and Non-wetland Waters of the State.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -18-Initial Study
Impacts can be direct, indirect, permanent, or temporary. Direct impacts immediately alter biological
resources such that those resources are permanently eliminated, for example through the removal of
vegetation and its replacement with a roadway. The removal of vegetation can be temporary, however,
when it is revegetated in place following construction. Indirect impacts include actions that affect the
surrounding biological resources either as a secondary effect of the direct impacts (e.g., excessive
construction noise adversely affects nesting birds) or as the cause of degradation of a biological resource
over time (e.g., non-native plant species from new development invade preserved habitat).
Direct Impacts
Sensitive Wetland/Riparian Habitat (Habitat Group A)
Pursuant to the Alden BTR, no direct wetland/riparian impacts are proposed in association with
implementing the mitigation measures on the habitat mitigation site (i.e., Parcel C). As identified in Table
3 above, approximately 0.72 acres of wetland/riparian communities/habitat would be directly impacted
by the construction of Detention Basin BJ and College Boulevard Reach A and would be mitigated on
proposed Parcel C. Within that 0.72 acres of impacted wetland/riparian communities/habitats, 0.12 acres
of non-wetland Waters of the U.S. and Waters of the State (i.e., streambed) overlap with the 0.72 acres
of wetland/riparian impacts. The impact to 0.12 acres is a separate jurisdictional issue which requires
additional mitigation that occur on proposed Parcel C (see further discussion on non-wetland Waters of
the U.S. and non-wetland Waters of the State.
As previously discussed, the impacts as it relates to the development of College Boulevard Reach A and
Detention Basin BJ have already been analyzed pursuant to EIR 98-02 (SCH No. 99111082) and mitigation
measures have been imposed. However, the impacts have been updated in the Alder BTR and reflected
in this Section to satisfy the current storm water requirements. The subsequent analysis included below
generally focusses on any impacts to Parcel C that would be associated with the implementation of the
habitat mitigation project. However, the impacts associated with the development of College Boulevard
are also summarized in this section to provide the context for the habitat mitigation project.
Mitigation for impacts to 0.72 acres of wetland/riparian communities/habitats is proposed at a 3:1 ratio
(i.e., 2.16 acres) and mitigation for impacts to the 0.12 acres of streambed is proposed at a 2:1 ratio (i.e.,
0.24 acres) for a total of 2.40 acres of wetland/riparian habitat (and streambed) mitigation. At least 1:1
of these ratios would be met through habitat re-establishment/creation (to maintain no net loss) on
proposed Parcel C (also identified as “ECNS” parcels in BTR). The remaining requirement would be met
through preservation and enhancement of existing wetland/riparian habitats present on Parcel C (Figures
8 and 9 of BTR). This is further explained below.
In addition, as required by the HMP, the habitat mitigation project allows for a 100-foot-wide buffer of
riparian and native upland habitat. A portion of a bio-retention basin for Reach A (proposed Parcel B of
habitat mitigation project) would be located in the buffer as a passive use (Figures 8 and 9 of BTR).
Allowable uses in the buffer include essential roadway, bridges, and culverts approved by the City;
essential stormwater control facilities; and approved habitat restoration projects (City 2010).
In total, the project would provide 2.40 acres of wetland/riparian mitigation to mitigate the impacts
associated with the development of College Boulevard Reach A and Detention Basin BJ. This would include
a minimum 0.84 acre of wetland habitat re-establishment/creation to meet the 1:1 no-net loss
requirement. The remaining 1.56 acre requirement (1.44 acres of wetland/riparian plus 0.12 acres of
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -19-Initial Study
streambed) would be met through preservation and enhancement of existing habitat. The
wetland/riparian portion of the Mitigation Area (Figures 8 and 9 of BTR) is approximately 3.1 acres in size,
which will allow for surplus creation and preservation to help ensure overall project success.
All of the habitat re-establishment/creation and preservation/enhancement on Parcel C (i.e., the
Mitigation Area shown on Figures 8, 9, and 10) shall be subject to a Mitigation Plan that is approved by
the City, Corps, and CDFW. The wetland habitat re-establishment/creation is proposed to be
accomplished by expanding the width of the existing Agua Hedionda Creek channel and creating a second
channel to ensure adequate spreading of water (Figures 8 and 9 of BTR). The goal is to create a mosaic of
site-appropriate wetland/riparian habitats through the installation of a broad species mix. The habitats
which are anticipated to be established include freshwater marsh and riparian scrub and forest. The
preservation/enhancement portion of the mitigation would be to preserve the existing creek streambed
and remove trash, cement, and other materials that have been dumped in and adjacent to the creek.
Finally, these areas would be planted with site-appropriate wetland/riparian plant species.
With the incorporation of mitigation measures, the direct impacts to the wetland/riparian
communities/habitat are considered to be less than significant
Upland Habitat (Habitat Groups D and E)
Approximately 2.92 acres of sensitive upland habitat (Group D: 2.61 acres of unoccupied Diegan coastal
sage scrub; Group E: 0.31 acres of non-native grassland) would be directly impacted by the construction
of Detention Basin BJ and College Boulevard Reach A, as well as from the grading associated with the
creation of the a habitat mitigation project site (Parcel C). Impacts to upland vegetation communities
would be significant according to Significance Criteria 1 and 2. The proposed habitat mitigation project
will allow for the mitigation for impacts to CSS (2.61 acres) at a 2:1 ratio (i.e., 5.22 acres) through habitat
creation on the habitat mitigation site (Parcel C). Specifically, the minimum total coastal sage scrub
creation area on Parcel C (5.22 acres) is proposed to occur in the protective habitat buffer for
wetland/riparian communities/habitats described below and shown on Figures 8, 9, and 10 of the Alden
Biological Report dated March 26, 2015. Impacts to non-native grassland (0.31 acres) will be mitigated at
a 0.5:1 ratio (i.e., 0.16 acres) through payment of a mitigation fee pursuant to the HMP.
With the incorporation of mitigation measures, the direct impacts to the sensitive upland habitat are
considered to be less than significant
Other Areas (Habitat Group F)
Approximately 30.35 acres of “other” areas would be directly impacted by the construction of College
Boulevard (Reach A), Detention Basin BJ and the grading for the habitat mitigation site. Of the 30.35 acres
of impact, a total of 6.83 acres is located on the habitat mitigation site. Impacts to agricultural lands,
eucalyptus woodlands and disturbed lands would be significant according to Significance Criterion 6 in
that they would require mitigation (payment of an in-lieu fee) in accordance with the HMP. Impacts to
ornamental plantings and developed area do not require mitigation.
With the incorporation of mitigation measures, the direct impacts to the “Other Areas” are considered to
be less than significant
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -20-Initial Study
Sensitive Plant Species
A total of 10 southwestern spiny rush (Rare Plant, Rank 4.2, CNPS) are located within the Agua Hedionda
Creek channel on proposed Parcel C of the habitat mitigation site. Impacts to this plant species would be
avoided on Parcel C. As discussed in the BTR, impacts to four southwestern spiny rush (out of 32) and 13
individual of California adolphia (out of 58) located within the College Boulevard/Basin BJ footprint would
be impacted; no mitigation is required as the removal does not meet any criteria for significance.
Therefore, the impacts are considered less than significant.
Sensitive Wildlife Species
Pursuant to the Alden BTR, while both the habitat mitigation site and the footprint for College Boulevard
Reach A are not occupied by the coastal California gnatcatcher, the species is known to occur to the east
in HMP Core #3. Due to the presence of CSS within the footprint of College Boulevard, mitigation measures
have been incorporated into the project to reduce the potential direct and indirect impacts to these
species, if present. Specifically, the measures include removing vegetation that is critical to these species
outside of the breeding season to avoid direct impact to nests and establishing a protocol of surveying
and monitoring to avoid indirect impacts to nests within 500 feet of construction activity.
Previous focused surveys for the Least Bell’s vireo (Vireo bellii pusillus; Merkel 2010a) identified two use
areas just east of the previously-approved College Boulevard bridge over Agua Hedionda Creek (EIR 98-
02) and the subject habitat mitigation site, which is adjacent to and west of the bridge. The other was
along an unnamed tributary to the creek. A third use area was identified further east in the tributary. It
is assumed herein that those use areas are nesting territories. A portion of one least Bell’s vireo use area
(assumed herein to be a nesting territory) along Agua Hedionda Creek would be directly impacted by
construction of Reach A through habitat removal. For purposes of this analysis, all riparian habitat in Agua
Hedionda Creek and its tributary in the study area (including Parcel C) is considered occupied by the least
Bell’s vireo. This subspecies is an HMP Covered Species due to 100 percent conservation of its habitats in
the HMP preserve system (i.e., HMP Conservation Area) and the no net loss of wetlands policies. The
HMP requires restrictions in vireo-occupied habitat during its breeding season (March 15 to September
15), which includes a prohibition on habitat clearing. Construction of the project (habitat mitigation site
as well as College Boulevard Reach A/Detention Basin BJ) must adhere to this restriction or have a
significant, direct impact to the subspecies according to Significance Criteria 1 and 6. With the
incorporation of mitigation measures, the direct impacts to the sensitive species are considered to be less
than significant.
While locations where the yellow warbler and yellow-breasted chat were observed in the area, the species
would not be directly impacted by the project. However, similar to the least Bell’s vireo, the species could
utilize riparian habitat in the impact footprint for Reach A. For the purposes of this analysis, all riparian
habitat in Agua Hedionda Creek, including the habitat mitigation site, and its tributary in the study area is
considered utilized by the these species. Impacts to these species would be significant if the removal
occurred during the breeding season (February 15 to September 15) according to Significance Criterion 1
for both species and Significance Criterion 6 for the yellow-breasted chat. According to the HMP, human
activities must be restricted in yellow-breasted chat-occupied habitat during the breeding season for this
HMP Covered Species. With the incorporation of mitigation measures, the direct impacts to the sensitive
species are considered to be less than significant.
Four sensitive species of raptors (Cooper’s hawk, sharp-shinned hawk, northern harrier, and white-tailed
kite) were observed during wildlife surveys. While none of the sensitive species was observed in the
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -21-Initial Study
project impact footprint, each has potential to use the footprint as foraging habitat, and the Cooper’s
hawk and white-tailed kite have potential to nest in woodland habitat in the study area; however, no
nesting by these species was observed in 2006 and 2009 (Merkel 2010a). Three other non-sensitive
raptors were also observed during surveys for the Project and include red-tailed hawk (Buteo jamaicensis),
red-shouldered hawk (Buteo lineatus), and American kestrel (Falco sparverius). No burrowing owls or
evidence of burrowing owls were detected during the 2009 survey. In addition, no nesting or wintering
burrowing owls have been documented in the study area or within the vicinity of the study area (Unitt
2004 in Merkel 2010a). Direct removal of wetland/riparian, upland, and agricultural land foraging habitat
may have a substantial effect on sensitive species of raptors and, therefore, would be significant according
to Significance Criterion 1, and mitigation would be required. Direct removal of potential raptor nesting
habitat (or active nest sites) would also be significant according to Significance Criterion 1. With the
incorporation of mitigation measures, the direct impacts to the sensitive species are considered to be less
than significant.
Waters of U.S. (WUS) and Waters of the State (WS)
Pursuant to the BTR, WUS and WS on the ECNS parcels (proposed Parcel C) would be avoided with the
implementation of the habitat mitigation. As discussed in the BTR, direct impacts to WUS and WS would
occur as a result of the development of College Boulevard Reach A and Detention Basin BJ. The discussion
below is for reference only since CEQA Analysis (EIR 98-02) was completed for College Boulevard Reach A
and Detention Basin BJ. As noted in the Table above, the overall impacts have been updated to satisfy
current stormwater requirements.
Wetland Waters of the U.S.
A total of approximately 0.19 acre of Corps jurisdictional wetland is present within the development
footprint for College Boulevard Reach A and Basin BJ and would be directly impacted. (Table 2; Figure 4
of BTR). Impacts to wetland WUS would be significant according to Significance Criteria 2 and 3; mitigation
would be required to reduce the impacts to a less than significant level. In addition, permitting would be
required.
Non-wetland Waters of the U.S.
A total of approximately 0.12 acre of Corps jurisdictional non-wetland WUS is present within the
development footprint for Reach A and Basin BJ and would be directly impacted (Table 2; Figure 4 of BTR).
Impacts to non-wetland WUS would be significant according to Significance Criterion 3; mitigation would
be required to reduce the impacts to a less than significant level. In addition, permitting would be
required.
Wetland Waters of the State
A total of approximately 0.72 acre of CDFW jurisdictional wetland WS are present within the development
footprint for Reach A and Basin BJ and would be directly impacted (Table 3; Figure 5 of the BTR). Impacts
to wetland WS would be significant according to Significance Criterion 2; mitigation would be required to
reduce the impacts to a less than significant level. In addition, permitting would be required.
Non-wetland Waters of the State
A total of approximately 0.12 acre of CDFW jurisdictional non-wetland WS are present within the
development footprint for Reach A and Basin BJ and would be directly impacted (Table 3; Figure 5 of the
BTR). Impacts to non-wetland WS would be significant according to Significance Criterion 2; mitigation
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -22-Initial Study
would be required to reduce the impacts to a less than significant level. In addition, permitting would be
required.
Indirect Impacts
In order to prevent negative effects of preserve lands on development and vice versa, HMP Adjacency
Standards must be addressed in the planning of any development/habitat interface. The Project is
adjacent to HMP Conservation Areas (Figure 7); therefore, the following Adjacency Standards are
addressed:
Fire Management
Erosion Control
Landscaping Restrictions
Fencing, Signs, and Lighting
Predator and Exotic Species Control
There are other indirect impacts that may negatively affect sensitive habitats and species that are adjacent
to a property that is being, or has been, developed. For example, noise and dust from construction could
temporarily affect nearby nesting birds. Other potential indirect effects on sensitive habitats and species
could occur from drainage and toxics. These issues are also addressed below.
Fire Management
The habitat mitigation project, as well as the footprint of College Boulevard Reach A, largely pass through
agricultural lands and wetland/riparian habitats. As no development is proposed in conjunction with the
habitat mitigation project which would require a buffer from the proposed sensitive upland habitat
mitigation area, no mitigation is required.
Erosion Control
City Municipal Code Section 15.16 (Grading and Erosion Control) requires that a permittee enter into a
secured grading and erosion control agreement with the City to guarantee performance of the grading
work in compliance with the grading permit. BMPs would be implemented as required pursuant to the
HMP. Therefore, the potential impacts associated with the grading for the habitat mitigation site would
be minimized to less than significant levels. No mitigation is required.
Landscaping Restrictions
Since the proposed project entails the creation of hardline/permanent HMP Conservation Areas adjacent
to Agua Hedionda Creek (Figure 7 of BTR), the habitat mitigation project has the potential to substantially
affect sensitive species (Significance Criterion 1), riparian habitat or other sensitive natural communities
(Significance Criterion 2), and wetlands (Significance Criterion 3). No landscaping is proposed adjacent to
the proposed HMP hardline preserve (i.e., Parcel C). Proposed Parcel C/habitat mitigation parcel shall be
landscaped with native landscape stock. All stock which is introduced into the preserve shall be
propagated from material collected in the vicinity, to the maximum extent feasible. Mitigation is required
to reduce the impacts to a less than significant level.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -23-Initial Study
Fencing, Signs, and Lighting
Unauthorized public access into HMP Conservation Areas can result in impacts such as the creation of
trails or illegal dumping, which can be significant according to Significance Criteria 1, 2, and 3. The
proposed habitat mitigation project is not expected to promote public access to adjacent HMP
Conservation Areas (Figure 7). However, to reduce impacts to a less than significant level, fencing around
the proposed HMP preserve (i.e., Parcel C) will be required as mitigation. The design and location of the
fence shall not impede wildlife movement. In addition, temporary orange construction fencing will be
required to restrict access to the re-establishment/enhancement areas
Artificial night lighting exposes wildlife to an unnatural light regime that may adversely affect foraging
patterns, increase predation risk, cause biological clock disruptions, and result in a loss of species diversity.
Artificial night lighting adversely impacts habitat value of preserves, particularly for nocturnal species.
While no permanent lighting is proposed, the College Boulevard habitat mitigation project has the
potential to significantly impact sensitive species during construction (Significance Criterion 1), and
mitigation would be required.
In addition, signs will be required around the HMP preserve to limit access, and educate the public. The
signs shall also indicate that pets and use of firearms within the preserve are prohibited. Temporary signs
during construction shall indicate that a habitat restoration project is underway.
With the incorporation of mitigation measures, the impacts will be reduced to a less than significant level.
Predator and Exotic Species Control
Native animal species may be at a disadvantage if exotic species or predators (e.g., domestic cats) are
introduced to an area. Since the habitat mitigation project does not include residential development or
related public facilities (e.g., a park), it is not anticipated that there would be any exotic species or
predators introduced by the Project or impacts from predators.
Noise
Construction-related noise from such sources as clearing, grading, and construction vehicular traffic could
be a temporary impact to wildlife, particularly sensitive nesting birds, according to Significance Criterion
1. The only sensitive species suspected, or potentially suspected, of nesting within potentially affected
areas would be the least Bell’s vireo, yellow-breasted chat, and yellow warbler along Agua Hedionda
Creek, although some potential exists for white-tailed kite, Cooper’s hawk, and Nuttall’s woodpecker to
nest there, as well. The Guidelines also require a prohibition on construction activities within 300 feet of
an active nest (500 feet for listed species’ active nests), which would include all species protected by the
MBTA and CFGC including the yellow warbler, white-tailed kite, Cooper’s hawk, and Nuttall’s woodpecker.
Construction of the Project must adhere to these restrictions or have a significant impact according to
Significance Criteria 1 and 6. Mitigation would be required to reduce the impacts to a less than significant
level.
Dust
Fugitive dust may create an environment for plants unsuitable as habitat for insects and birds and could
adversely affect breeding. Fugitive dust created during construction has the potential to be significant
according to Significance Criteria 1, 2, and 3. All projects within the City, however, are subject to the City’s
Grading Ordinance and must implement Best Management Practices (BMPs) to reduce impacts from
fugitive dust. These BMPs include, but are not limited to, sprinkling water or other dust control agents
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -24-Initial Study
acceptable to the San Diego Air Pollution Control District during dust-generating activities and covering
trucks hauling dirt and debris to reduce windblown dust. With implementation of required Grading
Ordinance dust control measures, impacts from fugitive dust would be less than significant, and no
mitigation is required.
Drainage and Toxics
Construction activities (e.g., maintenance of equipment) could result in the release of toxins, chemicals,
and petroleum products, for example, that might degrade or harm the natural environment or ecosystems
processes, particularly if they enter waterways such as Agua Hedionda Creek. This potential impact could
be significant in accordance with Significance Criteria 1, 2, and 3. In order to reduce the risk of
contamination of storm water, the habitat mitigation project would be required to implement a
construction Storm Water Pollution Prevention Plan in compliance with City standards (Chapters 15.12
and 15.16 of City Municipal Code [Grading and Erosion Control]), which would require implementation of
BMPs to prevent pollutants from entering storm water. Water quality protections for construction would
also be required with the Section 401 Certification that must be obtained for the project. Therefore, the
potential construction-related impacts would be minimized to less than significant levels, and no
mitigation is proposed.
CUMULATIVE IMPACTS
The HMP was designed to compensate for the loss of biological resources throughout Carlsbad; therefore,
projects that conform to the HMP would not result in a cumulatively considerable impact. As discussed
above as well as in the HMP findings, the direct and indirect impacts resulting from the habitat mitigation
project would not be cumulatively considerable since the mitigation measures are in conformance with
the HMP. No mitigation is proposed as it relates to cumulative impacts.
HMP CONSISTENCY FINDINGS
COLLEGE BOULEVARD HABITAT MITIGATION PROJECT
(GPA 14-02/ZC 14-01/SUP 14-03/HDP 14-04/HMP 14-02/MS 14-10)
The HMP identifies the subject properties (APNs 209-060-71, -72) as Standards Areas in Zone 15.
Pursuant to Section E-3 of the HMP, the habitat conservation planning for any properties located in the
Standards Area of the HMP and the conversion of these properties to Proposed Hardline Areas, requires
a Minor Amendment to the HMP through the preparation of Consistency Findings. The Consistency
Findings require concurrence from the Wildlife Agencies.
While the project site is located outside of any core or linkage habitats (pursuant to Figure 4 of the HMP),
a number of important core and linkage habitats comprise much of Zone 15, including Core Ares 3 and 5,
as well as Link C. The northern portion of Zone 15 includes much of Core Area 3, which is northeast of the
project site. Core Area 3 is already largely existing and proposed hardline open space. Critical blocks of
coastal sage scrub in this area are densely occupied by a critical population of California gnatcatchers and
other sensitive species. The southeastern portion of the Zone, includes Core Area 5 (southeast of project
site). Some of the natural habitat patches in the southern portion of the zone, including the subject site,
border the southern drainage, Agua Hedionda Creek, and add to its value as a wildlife movement corridor.
Agricultural areas north of Agua Hedionda Creek support a mosaic of disturbed coastal sage scrub patches
on rocky hills and ridges, along with a variety of wetland communities. These remnant natural habitat
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -25-Initial Study
patches, surrounded by active agricultural fields, comprise part of a stepping stone to Linkage C for
gnatcatchers and other species.
The HMP Conservation Goals for projects located with the boundaries of Zone 15 include the
establishment, enhancement, and maintenance of a viable habitat linkage across Linkage Area C to ensure
connectivity for gnatcatchers and other HMP species between Core Areas 3 and 5. In addition, a goal has
been established to conserve the majority of sensitive habitats in or contiguous to the biological core and
linkage areas, including no net loss of wetland habitats and coastal sage scrub within Core Area 3 and
Linkage Area C. The Planning Standards for Zone 15 include the preservation of riparian habitats onsite,
the prohibition of fill or development within the existing floodplain except where required for Circulation
Element roads, Drainage Master Plan facilities, or other essential infrastructure. In addition, when
conversion of agricultural lands to other uses is proposed, development should be setback at least 100
feet from existing wetland habitats and habitat restoration or enhancement shall be required in the
riparian and buffer areas.
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland habitat
areas adjacent to Agua Hedionda Creek. The creek is currently narrowly incised and flows from east to
west through the central portion of the project site. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse
No. 99111082), as it relates to the future construction of Detention Basin BJ and College Boulevard Reach
A, which represents the missing link between the northern and southern extents of College Boulevard, a
major arterial road. In conjunction with development of the road, a bridge will be extended over Agua
Hedionda Creek. The bridge is adjacent to and immediately east of the project site. The development of
College Boulevard, including the bridge, have already been analyzed and approved pursuant to EIR 98-02.
The focus of the subject application is purely on the implementation of the biological habitat mitigation
for the development of College Boulevard Reach A and Detention Basin BJ. In addition, a Minor
Subdivision is proposed to create separate lots. The uses for each lot are as follows:
Parcel A: 1.0 acres (gross/net), agricultural-future garden; proposed to remain in HMP Standards
Area.
Parcel B: 1.12 acres (gross)/0.84 acres (net), bio-retention basin for College Boulevard; to be
constructed as part of the construction of College Boulevard; proposed to be removed from HMP
Standards Area.
Parcel C (College Boulevard Reach A habitat mitigation parcel): 9.23 acres (gross)/8.81 acres (net),
wetland and upland habitat mitigation open space lot and proposed HMP hardline area, to be
preserved in perpetuity through a biological conservation easement; and
Parcel D: 6.09 acres (gross)/5.78 acres (net); future residential development; no development
proposed at this time; proposed to remain in HMP Standards Area.
**Gross acreage includes College Boulevard footprint; net acreage is lot area excluding College Boulevard
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -26-Initial Study
This section below summarizes the HMP requirements and how the proposed project is consistent with
each of the applicable components and standards of the HMP. Please note that the findings only apply to
proposed Parcels B and C since Parcels A and D will remain as HMP Standards Areas.
HMP Standards Area Goals (HMP, pg. D-73)
67% of coastal sage scrub shall be conserved overall (emphasis added) within the Standards Areas, as
well as 75% of gnatcatchers. Some zones may conserve more or less than these percentages due to
parcel size, location, resources, or long-term conservation potential.
No coastal sage scrub is located within proposed Parcels B or C. Ultimately, a portion of proposed Parcel
C will be enhanced with 5.22 acres of coastal sage scrub to mitigate the impacts (2:1 ratio, per HMP)
associated with the development of College Boulevard Reach A. Therefore, the project is consistent with
this Standards Area Goal.
Planning Standards in Zone 15 (HMP, pg. D-79)
Enhance and maintain a habitat linkage across Linkage Area C and adjoining portions of Core Areas 3
and 5 that average between 500 and 1,000 feet wide, with a minimum width of no less than 500 feet.
Emphasis should be on improving gnatcatcher habitat within the linkage.
This standard is not applicable to the proposed habitat mitigation project as the parcels are not located
within Linkage Area C nor Core Areas 3 or 5. In addition, pursuant to the Biological Technical Report, no
gnatcatchers were found during protocol surveys that were performed in 2000, 2006 and 2009. With the
implementation of the proposed project, an additional 9.23 acres (gross) will be added to the HMP
hardline preserve and the wildlife corridor will be improved. Therefore, the project is consistent with this
Standard.
Areas of upland habitat outside of the designated Linkage Area C may be taken in exchange for
restoration and enhancement inside the linkage, as long as the result is no net loss of coastal sage scrub
and the associated gnatcatcher population within the southern portion of the zone. Creation of linkage
should utilize patches of existing habitat to the maximum extent practicable. Creation of the linkage
must utilize patches of existing habitat within the identified linkage alignment.
No coastal sage scrub is located on proposed Parcels B or C. In addition, the site is not occupied by the
gnatcatcher. The removal of non-native grassland (Habitat Group D, 0.03 acres) and “Other” areas
(Habitat Group F, 6.83 acres) will be mitigated through the payment of an in-lieu fee as required by the
HMP. Ultimately, proposed Parcel C will include 5.22 acres of coastal sage scrub to mitigate the impacts
associated with the development of College Boulevard Reach A. Although the project site is not located
within Linkage Area C, the creation of coastal sage scrub within Parcel C would act as a buffer to existing
wetland/riparian habitats associated with Agua Hedionda Creek (and as a buffer to wetland/riparian
habitats that would be created as mitigation for the project), thus improving wildlife habitat quality and
quantity in the southwest portion of Zone 15 (i.e., Proposed Hardline; Figure 7). In addition, the long term
preservation of proposed Parcel C and conversion to a Hardline Area would reduce the linear separation
between HMP Core Area 5 to the southeast and the project site. Further, the proposed Hardline Area
would be contiguous to the Hardline Area/CSS habitat in the future (project approved; easement has not
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -27-Initial Study
recorded yet) Dos Colinas Biological Conservation Easement (preserves sensitive upland habitat, including
California adolphia) to the north. Therefore, the project is consistent with this HMP finding.
Maintain and enhance the wildlife movement potential between core areas using sensitive design of
any road or utility crossings of Linkage C.
The College Boulevard Mitigation Project is not located within Linkage C; however, Core Area 5 lies
southeast of the project site and Core Area 3 is located northeast of the project site. These two core areas
are connected by Linkage C to the east (Figure 6 of BTR; Figure 4 of HMP). The project study area has a
long-standing history of agricultural use coupled with urban development to the west, which has
eliminated much of the habitat that would allow for regional wildlife movement across the study area.
Where habitat remains adjacent to Agua Hedionda Creek, it occurs as narrow ribbons through the project
site and extending to the west. Therefore, wildlife movement from upstream areas outside the Project
area along Agua Hedionda Creek (Core Area 5), flowing towards Agua Hedionda Lagoon (i.e., Core Area 4)
is highly constrained. These narrow ribbons of habitat may be used for movement by more development-
tolerant species such as coyote but are not expected to provide suitable conditions for movement of more
sensitive species. While the corridor function is limited, this continuity of habitat may still provide some
benefit for population maintenance or recolonization following local extirpations within remaining habitat
fragments. In addition, the preservation/enhancement and creation of wetland/riparian habitats,
including a coastal sage scrub protective buffer along Agua Hedionda Creek on proposed Parcel C as
mitigation for the development of College Boulevard Reach A would maintain and enhance this habitat
function and reduce the linear distance/gap between the project site and the western extent of Core Area
5.Therefore, the project is consistent with this HMP finding.
Conserve all riparian habitats on-site, and prohibit fill or development within the existing floodplain
except where required for Circulation Element roads, Drainage Master Plan facilities, or other essential
infrastructure.
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat in the floodplain, as well as the creation of new wetland, riparian
and upland habitat areas adjacent to Agua Hedionda Creek. The creek is currently narrowly incised and
flows from east to west through the central portion of proposed Parcel C. The project satisfies the
biological resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (State
Clearinghouse No. 99111082), as it relates to the future construction of Detention Basin BJ and College
Boulevard Reach A, which represents the missing link between the northern and southern extents of
College Boulevard, a major arterial road. In conjunction with development of the road, a bridge will be
extended over Agua Hedionda Creek. The bridge is adjacent to and immediately east of the project site.
The development of College Boulevard, including the bridge, have already been analyzed and approved
pursuant to EIR 98-02. The focus of the subject application is purely on the implementation of the
biological habitat mitigation for the development of College Boulevard Reach A and Detention Basin BJ.
Pursuant to the Alden BTR, no direct wetland/riparian impacts are proposed in association with the
existing habitat on the bio-retention basin Parcel B or the habitat mitigation site (i.e., Parcel C).
Approximately 0.72 acres of wetland/riparian communities/habitat (which includes 0.12 acres of non-
wetland riparian habitat, i.e., streambed) would be directly impacted by the construction of Detention
Basin BJ and College Boulevard Reach A and would be mitigated on Proposed Parcel C. As previously
discussed, the impacts as it relates to the development of College Boulevard Reach A and Detention Basin
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -28-Initial Study
BJ have already been analyzed pursuant to EIR 98-02 (SCH No. 99111082) and mitigation measures have
been imposed. However, the impacts have been updated in the Alden BTR and reflected in this Section
to satisfy the current storm water requirements. The subsequent analysis included below generally
focusses on any impacts to Parcel C that would be associated with the implementation of the habitat
mitigation project. However, the impacts associated with the development of College Boulevard are also
summarized in this section to provide the context for the habitat mitigation project.
Mitigation for wetland/riparian communities/habitats is proposed at a 3:1 ratio for wetland habitat and
2:1 for non-wetland riparian habitat (streambed). At least 1:1 of this ratio would be met through habitat
re-establishment/creation (to maintain no net loss) on proposed Parcel C. The remaining requirement
would be met through preservation and enhancement of existing wetland/riparian habitats present on
Parcel C (Figures 8 and 9 of BTR). In addition, as required by the HMP, the habitat mitigation project
allows for a 100-foot-wide buffer of riparian and native upland habitat. A portion of a bio-retention basin
for Reach A (proposed Parcel B of habitat mitigation project) would be located in the buffer as a passive
use (Figures 8 and 9 of BTR). Allowable uses in the buffer include essential roadway, bridges, and culverts
approved by the City; essential stormwater control facilities; and approved habitat restoration projects.
In total, the project would provide 2.40 acres of wetland/riparian mitigation to mitigate the impacts
associated with the development of College Boulevard Reach A and Detention Basin BJ. This would include
a minimum 0.84 acre of wetland habitat re-establishment/creation to meet the 1:1 no-net loss
requirement. The remaining 1.56 acre requirement (1.44 acres of wetland/riparian plus 0.12 acres of
streambed) would be met through preservation and enhancement of existing habitat. The
wetland/riparian portion of the Mitigation Area (Figures 8 and 9 of BTR) is approximately 3.1 acres in size,
which will allow for surplus creation and preservation to help ensure overall project success.
All of the habitat re-establishment/creation and preservation/enhancement on Parcel C (i.e., the
Mitigation Area shown on Figures 8, 9, and 10) shall be subject to a Mitigation Plan that is approved by
the City, Corps, and CDFW. The wetland habitat re-establishment/creation is proposed to be
accomplished by expanding the width of the existing Agua Hedionda Creek channel and creating a second
channel to ensure adequate spreading of water (Figures 8 and 9 of BTR). The goal is to create a mosaic of
site-appropriate wetland/riparian habitats through the installation of a broad species mix. The habitats
which are anticipated to be established include freshwater marsh and riparian scrub and forest. The
preservation/enhancement portion of the mitigation would be to preserve the existing creek streambed
and remove trash, cement, and other materials that have been dumped in and adjacent to the creek.
Finally, these areas would be planted with site-appropriate wetland/riparian plant species.
With exception to proposed Parcel A and a small portion of Parcel B, a majority of the project site is located
within the floodplain. As a result of grading to increase the width and volume of Agua Hedionda Creek as
it flows through Parcel C (from east to west, for wetland enhancement/restoration), the boundaries of
the floodplain will be adjusted to primarily follow the limits of proposed Parcel C. As a result, proposed
Parcels B and D will be removed from the limits of the floodplain. As stated in the project description, no
development is proposed on Parcels A and D and it will remain in a Standards Area. When development
is proposed for Parcels A or D, separate HMP Consistency Findings will be required. The grading proposed
in the floodplain is acceptable since it is associated with a habitat mitigation project which will improve
the overall biological value of Agua Hedionda Creek in this area. In addition, the proposed project
implements mitigation measures associated with the development of College Boulevard Reach A (i.e.,
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -29-Initial Study
Circulation Element roadway) and Detention Basin BJ (i.e., Drainage Master Plan facility), both of which
are considered to be essential infrastructure facilities.
Given the above justifications, the proposed habitat mitigation project is consistent with this HMP finding.
Conserve any narrow endemic plan populations identified during planning.
Pursuant to the Alden BTR, no narrow endemic plant populations were identified during site surveys.
Furthermore, the report has stated that existing site conditions result in a low potential for the area to
support sensitive plants species. Therefore, the project is consistent with this HMP finding.
When conversion of agricultural lands to other uses is proposed, set back all development impacts at
least 100 feet from existing wetland habitats and require habitat restoration or enhancement in the
riparian and buffer areas.
While a majority of the project site is currently utilized as an equestrian facility, a small portion of the site
is currently used as agriculture. As a component of the proposed habitat mitigation project on Parcel C
and, as required by the HMP, the project proposes a 100-foot-wide buffer of riparian and native upland
habitat. A portion of the bio-retention basin for Reach A (proposed Parcel B of habitat mitigation project)
would be located in the buffer as a passive use (Figures 8 and 9 of BTR). Allowable uses in the buffer
include essential roadway, bridges, and culverts approved by the City and essential storm water control
facilities, which included detention basins. Therefore, the project is consistent with this HMP finding.
Zone-Level Recommendations for Zone 15 (HMP, pg. F-27)
Manage preserve areas for habitat value for California gnatcatchers. Restore or enhance coastal sage
scrub to improve connectivity and gnatcatcher nesting habitat within Linkage Area C.
The habitat mitigation site is not located within Linkage C. No gnatcatchers were found during surveys
for the project. The habitat mitigation project includes implementing mitigation which would create 5.22
acres of coastal sage scrub that would connect with coastal sage scrub off site in the Dos Colinas Biological
Conservation Easement to the north. Proposed Parcel C would be converted to Hardline Conservation
Area, the management of which would include coastal sage scrub that could potentially support the
gnatcatcher. In addition, the proposed Hardline Area for Parcel C would close the sensitive upland habitat
gap between the project site and Core Area 5 to the southeast. Therefore, the project is consistent with
this Standard.
Restrict fuel reduction for fire management to areas immediately adjacent to housing, and minimize
removal of conserved habitats to the extent feasible, given safety concerns.
No housing is proposed in conjunction with the proposed habitat mitigation project; therefore, no fuel
management zones are required. As a result, this finding is not applicable.
Remove exotic species, including eucalyptus trees and pampas grass, from within natural habitat
areas and linkages.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -30-Initial Study
The project site is not located within a linkage area. The proposed habitat mitigation project on Parcel C
includes preserving/enhancing existing wetland/riparian habitats and re-establishing/creating
wetland/riparian habitats which support Agua Hedionda Creek, a natural habitat area. As part of the
habitat creation effort, eucalyptus woodland and ornamental plantings would be removed, as would
agricultural lands and disturbed lands. As part of the habitat enhancement effort, non-native, invasive
plant species would be removed from the mitigation area. Therefore, the project is consistent with this
Standard.
Adjacency Standards (HMP, pg. F-16 through F-22)
The proposed project site is located adjacent to and south of an existing HMP Hardline Preserve Area (Dos
Colinas). In order to prevent negative effects of preserve lands on development and vice versa, HMP
Adjacency Standards must be addressed in the planning of development/habitat interface. This includes
the following topics: fire management, erosion control, landscaping, fencing, signs and lighting, and
predator and exotic species control.
Fire Management
The habitat mitigation project, as well as the footprint of College Boulevard Reach A, largely pass through
agricultural lands and wetland/riparian habitats. As no development is proposed in conjunction with the
habitat mitigation project which would require a buffer from the proposed sensitive upland habitat
mitigation area, no mitigation is required.
Erosion Control
City Municipal Code Section 15.16 (Grading and Erosion Control) requires that a permittee enter into a
secured grading and erosion control agreement with the City to guarantee performance of the grading
work in compliance with the grading permit. BMPs would be implemented as required pursuant to the
HMP. Therefore, the potential impacts associated with the grading for the habitat mitigation site would
be minimized to less than significant levels. No mitigation is required.
Landscaping Restrictions
Since the proposed project entails the creation of hardline/permanent HMP Conservation Areas adjacent
to Agua Hedionda Creek (Figure 7 of BTR), the habitat mitigation project has the potential to substantially
affect sensitive species (Significance Criterion 1), riparian habitat or other sensitive natural communities
(Significance Criterion 2), and wetlands (Significance Criterion 3). No landscaping is proposed adjacent to
the proposed HMP hardline preserve (i.e., Parcel C). Proposed Parcel C/habitat mitigation parcel shall be
landscaped with native landscape stock. All stock which is introduced into the preserve shall be
propagated from material collected in the vicinity, to the maximum extent feasible. With the
incorporation of mitigation measures, the habitat mitigation project is consistent with this finding.
Fencing, Signs, and Lighting
Unauthorized public access into HMP Conservation Areas can result in impacts such as the creation of
trails or illegal dumping, which can be significant according to Significance Criteria 1, 2, and 3. The
proposed habitat mitigation project is not expected to promote public access to adjacent HMP
Conservation Areas (Figure 7). However, to reduce impacts to a less than significant level, fencing around
the proposed HMP preserve (i.e., Parcel C) will be required as mitigation. The design and location of the
fence shall not impede wildlife movement. In addition, temporary orange construction fencing will be
required to restrict access to the re-establishment/enhancement areas
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -31-Initial Study
Artificial night lighting exposes wildlife to an unnatural light regime that may adversely affect foraging
patterns, increase predation risk, cause biological clock disruptions, and result in a loss of species diversity.
Artificial night lighting adversely impacts habitat value of preserves, particularly for nocturnal species.
While no permanent lighting is proposed, the College Boulevard habitat mitigation project has the
potential to significantly impact sensitive species during construction (Significance Criterion 1), and
mitigation would be required. In addition, signs will be required around the HMP preserve to limit access
and educate the public. The signs shall also indicate that pets and use of firearms within the preserve are
prohibited. Temporary signs during construction shall indicate that a habitat restoration project is
underway. With the incorporation of mitigation measures, the habitat mitigation project is consistent
with this finding.
Predator and Exotic Species Control
Native animal species may be at a disadvantage if exotic species or predators (e.g., domestic cats) are
introduced to an area. Since the habitat mitigation project does not include residential development or
related public facilities (e.g., a park), it is not anticipated that there would be any exotic species or
predators introduced by the Project or impacts from predators.
Measures to Minimize Impact on HMP Species and Mitigation Requirements (HMP, pg. D-90 through D-
92)
If the land is within the proposed preserve system, 100% conservation of the narrow endemic
population(s) is required. If the land is outside of the proposed preserve system, at least 80%
conservation of the narrow endemic population is required.
Pursuant to the Alden BTR, no narrow endemic plant populations were identified during site surveys.
Furthermore, the report has stated that existing site conditions result in a low potential for the area to
support sensitive plants species. Therefore, the project is consistent with this HMP finding.
Projects that affect wetlands must demonstrate that the impacts (pg. D-90):
o Cannot be avoided by a feasible alternative.
o Have been minimized to the maximum extent possible.
o Would be mitigated in ways that assure no net loss of habitat value and function. A determination
of consistency with the HMP’s wetlands requirements would require coordination and consultation
between the Project proponent and the City.
Pursuant to the Alden BTR, no direct wetland/riparian impacts are proposed in association with the
implementation of biological resource mitigation on proposed Parcel C. The proposed College Boulevard
Mitigation project consists of the enhancement and preservation of sensitive wetland and riparian
habitat, as well as the creation of new wetland, riparian and upland habitat areas adjacent to Agua
Hedionda Creek on proposed Parcel C. The project satisfies the biological resources mitigation measures
set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse No. 99111082), as it relates to
the future construction of Detention Basin BJ and College Boulevard Reach A, which represents the
missing link between the northern and southern extents of College Boulevard, a major arterial road. As
the impacts to College Boulevard Reach A and Detention Basin BJ have been previously analyzed and the
proposed habitat mitigation project does not impact any wetlands, the project is consistent with this HMP
finding.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -32-Initial Study
All future projects shall mitigate impacts to habitat based on mitigation requirements provided in Table
11 of the HMP.
Implementation of the proposed habitat mitigation project on Parcel C results in the following impacts:
Habitat Group E:
Non-native grassland, 0.03 acres
Habitat Group F:
Agricultural Lands, 0.37 acres
Eucalyptus Woodland, 0.67 acres
Disturbed Lands, 5.28 acres
Total: 6.32
Impacts to Habitat Group E, 0.03 acres of non-native grassland, will be mitigated at a 0.5:1 ratio through
the payment of an in-lieu fee. Impacts to Habitat Group F, totaling 6.32 acres, will be mitigated through
the payment of an in-lieu fee. Please note that the habitat impacts associated with the bio-retention basin
on Parcel B are included in the impact footprint for the development of College Boulevard Reach A.
Therefore, the project is consistent with this HMP finding.
Measures for HMP-Covered Species
The Cooper’s hawk, yellow-breasted chat, and least Bell’s vireo were found within wetland/riparian
habitats during surveys for the project. Since these species were all found in wetland/riparian habitats,
specific mitigation measures for the vireo would provide protection for these species and mitigate for
their habitats. These measures summarily include timing restrictions on vegetation clearing, prohibitions
on construction activities within 500 feet of a vireo nest (300 feet of any non-listed species’ nest), and
noise level restrictions. With the implementation of mitigation measures, the project is consistent with
the HMP.
MITIGATION
The biological mitigation measures outlined herein will reduce project impacts to a less than significant
level. For the sake of clarity (so they are contained in one document), the biological resource mitigation
measures included in this section apply to both the development of College Boulevard Reach A, Detention
BJ and the habitat mitigation site.
The mitigation measures are proposed in conformance with the certified EIR (EIR 98-02, State
Clearinghouse No. 99111082) and the Habitat Management Plan to mitigate for those direct and indirect
impacts that were identified as significant, or potentially significant. Successful implementation of the
mitigation measures in this section would reduce each of these impacts to a less than significant level.
Additionally, Standard Mitigation Measures (Appendix A of the Guidelines) are required for all projects in
the City. It is anticipated that some of the Standard Mitigation Measures will be addressed in the grading
and erosion control agreement, Storm Water Pollution and Prevention Plan, and 401 Water Quality
Certification.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -33-Initial Study
The following mitigation measures will reduce impacts to biological resources to a less than significant
level.
Mitigation Measures:
BIO-1: Mitigation for California Department of Fish and Wildlife (CDFW) jurisdictional habitats
shall be as follows:
a.Direct impacts to 0.72 acre of wetland/riparian communities/habitats shall be mitigated at a
ratio of 3:1 through on-site preservation, enhancement, and re-establishment/creation of
2.16 acres of wetland habitat within proposed Parcel C (i.e., the Equestrian Center
North/South/ECNS Mitigation Site). At least 0.72 acre of this shall be met through habitat re-
establishment/creation to maintain no net loss.
b.Direct impacts to 0.12 acre of non-wetland riparian habitat shall be mitigated at a ratio of 2:1
through on-site preservation, enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within the ECNS Mitigation Site. At least 0.12 acre of this shall be met through
habitat re-establishment/creation to maintain no net loss.
BIO-2: Mitigation for U.S. Army Corps of Engineers (Corps) jurisdictional habitats shall be as
follows:
a.Direct impacts to 0.19 acre of wetland/riparian communities/habitats shall be mitigated at a
ratio of 3:1 through the on-site preservation, enhancement, and re-establishment/creation
of 0.57 acre of wetland habitat within proposed Parcel C (i.e., ECNS Mitigation Site). At least
0.19 acre of this shall be met through habitat re-establishment/creation to maintain no net
loss. These impacts overlap with those for CDFW jurisdictional habitats in BIO-1. Therefore,
this mitigation is satisfied through the implementation of BIO-1.
b.Direct impacts to 0.12 acre of non-wetland riparian habitat shall be mitigated at a ratio of 2:1
through on-site preservation, enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within proposed Parcel C (i.e., ECNS Mitigation Site). At least 0.12 acre of this
will be met through habitat re-establishment/creation to maintain no net loss. These impacts
overlap with those for CDFW jurisdictional habitats in BIO-1. Therefore, this mitigation is
satisfied through the implementation of BIO-1.
BIO-3: Direct impacts to 2.61 acres of unoccupied coastal sage scrub, coastal sage scrub
(Baccharis), and coastal sage scrub-disturbed shall be mitigated at a ratio of 2:1 through on-site
re-establishment/creation of 5.22 acres of coastal sage scrub within proposed Parcel C (i.e., ECNS
habitat mitigation site).
BIO-4: Direct impacts to 0.31 acre of non-native grassland (Habitat Group E. 0.28 acres associated
with College Boulevard and 0.03 associated with Parcel C) shall be mitigated at a ratio of 0.5:1
through payment of an in lieu fee (i.e., 0.16 acres).
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -34-Initial Study
BIO-5: Direct impacts to 26.39 acres of “Other Areas” (Habitat Group F) shall be mitigated through
the payment of an in-lieu fee. If the grading and/or clearing/grubbing permits are not issued at
the same time for the development of College Boulevard and proposed parcel C, the following
information shall be used for the calculation of the in-lieu fee:
College Boulevard Reach A/Basin BJ
Agricultural lands: 15.71 acres
Eucalyptus woodland: 1.50 acres
Disturbed lands: 2.86 acres
TOTAL: 20.07 ACRES
Parcel C/Habitat Mitigation Site
Agricultural lands: 0.37 acres
Eucalyptus woodland: 0.67 acres
Disturbed lands: 5.28 acres
TOTAL: 6.32 ACRES
BIO 6: Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, a final
wetlands/riparian restoration plan shall be approved by the City Planner (with concurrence by the
USFWS, USACE, and CDFW) to mitigate for the above impacts.
BIO-7: Impacts to USACE (Jurisdictional Wetlands and Non-Wetland Waters of the U.S.) and
CDFW (Riparian and Streambed) jurisdictional areas shall require a Section 404 permit from the
USACE, a 1602 Streambed Alteration Agreement from the CDFW, and a 401 State Water Quality
Certification from the Regional Water Quality Control Board, which shall be obtained prior to the
issuance of a grading permit and/or the clearing of any habitat on-site.
BIO-8: Prior to the issuance of a grading permit, and/or the clearing of any habitat on-site,
whichever occurs first, the Applicant shall take the following actions to the satisfaction of the City
Planner in relation to proposed Parcel C, which is being conserved for natural habitat in
conformance with the City’s Habitat Management Plan:
a.Select a conservation entity, subject to approval by the City, that possesses qualifications to
manage the open space lot(s) for conservation purposes;
b.Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity in
accordance with the requirements of the North County Multiple Habitats Conservation Plan
and the City’s Open Space Management Plan;
c.Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the Planning Director and conservation entity, if any, in an amount
sufficient for management and monitoring of the open space lot(s) in perpetuity;
d.Record a Conservation Easement or Restrictive Covenant over the open space lot(s); and
e.Prepare a Preserve Management Plan which will ensure adequate management of the open
space lot(s) in perpetuity.
BIO-9 To avoid any impacts to potentially active raptor nests, trees shall be removed outside of
the breeding season (September 1st to January 31st) of local raptor species. If it is determined that
trees must be removed during the breeding season (February 1st to August 30th), a raptor nest
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -35-Initial Study
survey shall be conducted by a qualified biologist prior to the removal of any trees to determine
if raptor nests are present. If active nests are discovered, a 500 foot minimum buffer shall be
established around the tree until the young are independent of the nest site. No construction
activity shall be allowed to occur within the buffer area until a qualified biologist has determined
that the fledglings are independent of the nest.
BIO-10: Erosion Control – A Storm Water Pollution Prevention Plan shall be developed that
describes sediment and hazardous materials control, dewatering or diversion structures, fueling
and equipment management practices, and other factors deemed necessary by the City and
applicable regulatory agencies. Erosion control measures shall be monitored on a regularly
scheduled basis, particularly during times of heavy rainfall. Corrective measures shall be
implemented in the event erosion control strategies are inadequate. Sediment/erosion control
measures shall be continued until such time as the mitigation efforts are successful at soil
stabilization.
BIO-11: Fencing and Signs – Prior to and during implementation of the mitigation effort, a
temporary orange construction fence shall be installed along the northern edge of proposed
Parcels A and C to restrict access and protect the sensitive upland habitat on the Dos Colinas
property to the north (HMP hardline area and future biological conservation easement).
Permanent fences shall be constructed along the boundaries between the site and adjacent
development preventing off-road vehicle and pedestrian access. Steel signs shall be attached to
the fences to provide notice, in both English and Spanish, that the area is an ecological preserve
and that trespassing is prohibited.
BIO-12: Irrigation - A temporary, above ground irrigation system shall be installed within both
the wetland and upland mitigation areas. The system shall provide head to head coverage to
ensure adequate irrigation of both the installed seed mix and container stock species. The system
shall include timers and ground moisture sensors to help prevent over-watering. The timers shall
be set to emulate a normal rainfall year in the event that actual rainfall does not reach normal
levels. The system shall be removed at the direction of the restoration specialist.
BIO-13: Wetland Habitat Installation
a.Wetland seeding shall take place within the wetland mitigation area along Agua Hedionda
Creek and shall contain a native, wetland seed mix sourced from as close to the Parcel C/ECNS
Mitigation Site as possible. The seed mix shall be derived from the list of species in Table 8
(Wetland Seed Mix) in the College Boulevard—Reach A and Basin BJ Project Mitigation Plan.
A hydroseed slurry shall be evenly applied in two stages such that an even, homogenous
distribution is made in each area. Hand seeding may be conducted in focused areas and shall
be conducted in any area where hydroseed slurry does not reach.
b.Native, wetland container stock shall be planted in the mitigation area to supplement the
wetland seeding. The container stock shall be sourced from as close to the Parcel C/ECNS
Mitigation Site as possible, and the source(s) of all container stock shall be provided. All
container stock shall be inspected and approved by the restoration specialist prior to being
installed to ensure that the correct number, size, and species ordered were delivered, and
that the plants are healthy, showing no signs of disease, and are in a state suitable for
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -36- Initial Study
planting. The container stock used shall be derived from the list provided in Table 10 (Wetland
Container Stock) in the College Boulevard—Reach A and Basin BJ Project Mitigation Plan.
c. Container stock shall be planted in such a way as to mimic a natural species distribution. The
restoration specialist shall specify the locations for all planting.
d. The installation contractor shall be responsible for planting all container stock within four
days following delivery. Container stock staged on site shall be placed in a protected area and
watered regularly prior to planting.
BIO-14: Upland Habitat Installation
a. Upland seeding for coastal sage scrub shall take place on the Parcel C/ECNS Mitigation Site
adjacent to the wetland mitigation area. The native seed mix shall be derived from the list of
species in Table 11 (Diegan Coastal Sage Scrub Seed Mix) from the College Boulevard—Reach
A and Basin BJ Project Mitigation Plan and sourced from as close to the site as possible. The
seed shall be applied as described above for the wetland seeding.
b. Native, coastal sage scrub container stock shall be planted within the seeded upland area.
The stock shall be sourced from as close to the Parcel C/ECNS Mitigation Site as possible, and
the source(s) of all container stock shall be provided. As with the wetland container stock, all
will be inspected and approved by the restoration specialist prior to installation.
c. Container stock shall be planted in such a way as to mimic a natural species distribution. The
restoration specialist shall specify the locations for all planting.
d. The installation contractor shall be responsible for planting all container stock within four
days following delivery. Container stock staged on site shall be placed in a protected area and
watered regularly prior to planting.
BIO-15: Small Animal Shelters - As an aid to wildlife establishment within the mitigation area,
shelters for small animal species shall be created.
a. Twenty, half-inch thick plywood boards measuring 2 X 4 feet, and hand-created, low shrub
and brush piles approximately 4 to 6 feet in diameter and 2 to 3 feet in height shall be created
and placed throughout the mitigation area.
b. To help facilitate the presence of pollinator species, a total of 10 bee blocks (Sarver 2007,
Xerces 2012) shall be prepared and scattered throughout the upland mitigation area. The bee
blocks shall be oriented east to southeast.
c. A total of 6 sand pits shall be installed within the upland mitigation area to support ground-
nesting bees. Each pit shall be approximately 2 feet deep and 4 feet in diameter and shall be
filled with a mix of sand, native soil, and organic material.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -37- Initial Study
BIO 16: Projects that cannot be conducted without placing equipment or personnel in or adjacent
to sensitive habitats shall be timed to ensure that habitat is removed prior to the initiation of the
breeding season (February 15 to September 15). Specifically, clearing, grubbing, and tree removal
shall be prohibited during the breeding season for HMP Covered Species (e.g., least Bell’s vireo,
yellow-breasted chat, and Cooper’s hawk). This prohibition would also protect the yellow
warbler, Nuttall’s woodpecker, white-tailed kite, and other MBTA and CFGC protected species.
a. All construction activities are prohibited within 300 feet of an active bird nest and within 500
feet of an active listed species’ bird nest (e.g., least Bell’s vireo), which would also protect all
species protected by the MBTA and CFGC.
b. Clearing and grubbing of all wetland/riparian and upland vegetation communities/wildlife
habitats shall be conducted outside the February 15 to September 15 breeding season.
Clearing and grubbing of other areas (e.g., agricultural lands) shall be conducted outside the
breeding season unless it is demonstrated that no avian nesting is occurring in those other
areas (or within 300 or 500 feet of those other areas).
c. For clearing and grubbing in other areas during the breeding season, a pre-construction
survey for avian nesting shall be conducted by a qualified biologist within seven calendar
days prior to construction. The survey shall cover 300 feet beyond the impact footprint and
up to 500 feet beyond the footprint where sensitive species may occur (e.g., coastal
California gnatcatcher off site to the east in Core #3). It no nests are found, construction
may proceed. If nests are found, the biologist shall conspicuously mark the 300- or 500-foot
buffer so that construction does not encroach into the buffer until the nest is no longer active
(i.e., the nestlings fledge, the nest fails, or the nest is abandoned, as determined by the
qualified biologist
BIO-17: The following construction measures shall be implemented:
a. The qualified Project biologist shall review grading plans (e.g., all access routes and staging
areas) and monitor construction activities throughout the duration of the Project to ensure
that all practicable measures are being employed to avoid incidental disturbance of habitat
and any target species of concern outside the Project footprint.
b. Construction monitoring reports shall be completed and provided to the City summarizing
how the Project is in compliance with applicable conditions. The Project biologist shall be
empowered to halt work activity, if necessary, and to confer with City staff to ensure the
proper implementation of species and habitat protection measures.
c. Any habitat destroyed that is not in the identified Project footprint shall be disclosed
immediately to the City, USFWS, and CDFW and shall be compensated at a minimum ratio of
5:1.
d. Access to and from the Project shall be located along existing access routes or disturbed areas
to the greatest extent possible. All access routes outside of existing roads or construction
areas shall be clearly marked.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -38-Initial Study
e.Construction employees shall limit their activities, vehicles, equipment, and construction
materials to the fenced Project footprint.
f.Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with
minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100
feet from WUS. These designated areas shall be located in such a manner as to prevent any
runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the
release of cement or other toxic substances into surface waters. All Project-related spills of
hazardous materials shall be reported to the City and shall be cleaned up immediately and
contaminated soils removed to approved disposal areas.
g.When stream flows must be diverted, the diversions shall be conducted using sandbags or
other methods requiring minimal in-stream impacts. Silt fencing or other sediment trapping
materials shall be installed at the downstream end of construction activity to minimize the
transport of sediments off site. Settling ponds, where sediment is collected, shall be cleaned
out in a manner that prevents the sediment from re-entering the stream. Care shall be
exercised when removing silt fences, as feasible, to prevent debris or sediment from returning
to the stream.
h.Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other
similar debris material shall not be stockpiled within the stream channel or on its banks.
i.Construction through sensitive areas shall be scheduled to minimize potential impacts to
biological resources. Construction adjacent to drainages should occur during periods of
minimum flow (i.e., summer through the first significant rain of fall) to avoid excessive
sedimentation and erosion and to avoid impacts to drainage-dependent species. Construction
near riparian areas or other sensitive habitats shall also be scheduled to avoid the breeding
season (February 15 to September 15) and potential impacts to breeding bird species.
j.If dead or injured listed species are located, initial notification must be made within three
working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California
and by telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the
USFWS, and CDFW.
k.The Project site shall be kept as clean of debris as possible. All food-related trash items shall
be enclosed in sealed containers and regularly removed from the site. Pets of Project
personnel shall not be allowed on site.
l.The City shall have the right to access and inspect any sites of approved projects including any
restoration/enhancement area for compliance with Project approval conditions. The USFWS
and CDFW may accompany City representatives during this inspection.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -39-Initial Study
BIO-18: Construction-related noise associated with sources including clearing, grading, and
construction vehicular traffic shall comply with the following measures:
a.Construction activities shall be limited during the breeding season (February 15 to September
15) to those that will not produce significant noise impacts (i.e., noise levels greater than 60
dB Leq [decibels, equivalent sound level]) at the edge of habitats of concern. Habitats of
concern in this case include those in Agua Hedionda Creek and its tributary.
b.Noise levels inside the Conservation Areas shall not exceed 60 dBA Leq during the period
February 15 to September 15. For the least Bell’s vireo, specifically, construction noise levels
at the riparian canopy edge shall be kept below 60 dBA Leq (Measured as Equivalent Sound
Level) from 5 a.m. to 11 a.m. during the peak nesting period of March 15 to July 15. For the
balance of the day/season, the noise levels shall not exceed 60 decibels, averaged over a one-
hour period on an A-weighted decibel (dBA; i.e., one hour Leq/dBA). Noise levels shall be
monitored and monitoring reports shall be provided to the City, USFWS, and CDFW. Noise
levels in excess of this threshold shall require written concurrence from USFWS and CDFW
and may require additional minimization/mitigation measures.
BIO-19: Lighting in or adjacent to Parcel C (habitat mitigation site) shall not be used except where
essential for roadway, facility use, and safety. If night time construction lights are necessary, all
lighting adjacent to natural habitat shall be shielded and/or directed away from habitat. Post-
construction lighting adjacent to Conservation Areas shall be reduced (low pressure sodium
lighting) and/or shielded.
BIO 20: The use of non-native or invasive plant species in landscaping adjacent to proposed Parcel
C (i.e., proposed HMP Hardline) is prohibited. Irrigation runoff shall be prevented from entering
into Conservation Areas from adjacent landscaping to reduce nitrogen, pesticides, and excess
moisture. Only native or compatible, non-invasive, drought-tolerant plant species shall be used in
landscaping, and no species on the California Invasive Plant Council (Cal-IPC) “Invasive Plant
Inventory” list shall be used in landscaping or any erosion control plan. None of the species on
the HMP’s list of invasive plant species occurring, or potentially occurring, in the City shall be
included in landscaping or erosion control.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -40-Initial Study
V.CULTURAL/PALEONTOLOGICAL RESOURCES
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a)Cause a substantial adverse change in the significance of a historical
resource as defined in §15064.5?☐☒☐ ☐
b)Cause a substantial adverse change in the significance of an
archeological resource pursuant to §15064.5?☐☒☐ ☐
c)Directly or indirectly destroy a unique paleontological resource or
site or unique geologic feature?☐☒☐ ☐
d)Disturb any human remains, including those interred outside of
formal cemeteries?☐☒☐ ☐
a, b & d) Less Than Significant Impact with Mitigation Incorporated. A Cultural Resources Survey Report
for the subject site was conducted by Brian F. Smith and Associates, Inc. and detailed in a report dated
July 1, 2014. The results of the survey indicate that there was one previously recorded cultural resource
(SDI-14,809) within the project boundaries and 79 additional sites located within a 1.0 mile radius of the
project site. A total of 58 previous studies have been completed within a 1.0 mile radius of the project,
including three within the current project area (RECON Environmental, Inc. 1983, Gross and Alter 1998;
Stropes and Smith 2010).
Site SDI-14,809 was originally recorded by Alter (Gross and Alter 1998). This is the one site recorded
within the current project boundaries, and was recorded as a multi-component site including a prehistoric
shell scatter and a historic artifact scatter measuring 30 by 20 feet in surface area. This site was tested
for significance by Gross and Alter in 1998 and found to be not significant in accordance with CEQA.
The records search and literature review performed during the Cultural Resources investigation suggests
that there is a moderate to high potential for both historic and prehistoric sites to be contained within the
boundaries of the property. An archaeological survey was performed on June 11, 2014 and did not result
in the identification of any new historic or prehistoric cultural resources within the project boundaries.
Furthermore, the recorded location of SDI-14,809 was revisited during the archaeological survey, and no
cultural elements of SDI 14,809 could be identified. The Cultural Resources Survey Report concluded that
any surface evidence of the cultural resource has likely been removed in the past 15 years as a result of
agricultural activity and general weed abatement.
Given the dense scattering of prehistoric sites in the area and the project’s location near the Agua
Hedionda Lagoon and Agua Hedionda Creek, there is the potential for the identification of additional
historical sites. In order to reduce these potential impacts to a less than significant level, a mitigation
program, which involves monitoring by a qualified archaeologist and a Native American monitor, is
required to be completed. Through implementation of mitigation measures identified in the Cultural
Resources Survey Report, impacts to cultural resources are reduced to a less than significant level.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -41-Initial Study
Mitigation Measures:
CULTURAL-1: The following archaeological resource mitigation measures shall be implemented:
a.Prior to issuance of a grading permit, 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/historian shall attend the pre-grading meeting with the
contractors to explain and coordinate the requirements of the monitoring program.
c.During the original cutting of previously undisturbed deposits, the archaeological monitor(s)
shall be on-site full-time to perform periodic inspections of the excavations. The frequency
of inspections will depend upon the rate of excavation, the materials excavated, and the
presence and abundance of artifacts and features.
d.Isolates and clearly non-significant deposits will be minimally documented in the field and
the monitored grading can proceed.
e.In the event that previously unidentified cultural resources are discovered, the archaeologist
shall have the authority to divert or temporarily halt ground disturbance operation in the
area of discovery to allow evaluation of potentially significant cultural resources. The
archaeologist shall contact the lead agency at the time of discovery. The archaeologist, in
consultation with the lead agency and the Native American monitor, shall determine the
significance of the discovered resources. The lead agency must concur with the evaluation
before construction activities will be allowed to resume in the affected area. For significant
cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall
be prepared by the consulting archaeologist, approved by the lead agency, and carried out
using professional archaeological methods. If any human bones are discovered, the county
coroner and lead agency shall be contacted. In the event that the remains are determined
to be of Native American origin, the Most Likely Descendant, as identified by the NAHC, shall
be contacted in order to determine proper treatment and disposition of the remains.
f.Before construction activities are allowed to resume in the affected area, the artifacts shall
be recovered and features recorded using professional archaeological methods. The
archaeological monitor(s) shall determine the amount of material to be recovered for an
adequate artifact sample for analysis.
g.All cultural material collected during the grading monitoring program shall be processed and
curated according to the current professional repository standards. The collections and
associated records shall be transferred, including title, to an appropriate curation facility to
be accompanied by payment of the fees necessary for permanent curation.
h.A report documenting the field and analysis results and interpreting the artifact and research
data within the research context shall be completed and submitted to the satisfaction of the
lead agency prior to the issuance of any building permits. T
CULTURAL-2: The following cultural resource mitigation measures shall be implemented:
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -42-Initial Study
a.Prior to the issuance of grading permits, the owner/developer shall enter into a pre-
excavation agreement with a representative of the San Luis Rey Band of Mission Indians.
Verification shall be documented by a letter from the property owner/developer and the San
Luis Rey Band of Mission Indians to the City of Carlsbad City Planner. The purpose of this
agreement will be to establish the requirement of tribal monitoring and to formalize
procedures for the treatment of Native American human remains and burial, ceremonial, or
cultural items that may be uncovered during any ground disturbance activities;
b.Prior to commencement of grading, the Native American Monitor and/or representative of
the San Luis Rey Band of Mission Indians shall be present at the pre-construction meeting to
consult with the grading and excavation contractors;
c.In the event that any cultural resources, concentration of artifacts, or culturally modified soil
deposits are discovered within the project area at any time during brushing, grading, and/or
construction activities, the archeologist, in coordination with the Native American Monitor,
shall be empowered to suspend work in the immediate area of the discovery until such time
as a data recovery plan can be developed and implemented;
d.The discovery of any resource shall be reported to the City of Carlsbad City Planner prior to
any evaluation testing; and
e.If any deposits are evaluated as significant under CEQA, additional mitigation may be
required as recommended by the archeologist, in coordination with the Native American
Monitor.
c)Less Than Significant Impact With Mitigation Incorporated. A Geologic Reconnaissance Report (dated
October 13, 2014) was conducted by Leighton and Associates, Inc. for the proposed project. In order to
prepare the report, a site reconnaissance was performed on October 8, 2014 by a California Certified
Engineering Geologist (CEG). Pursuant to the Report, Pleistocene-aged Terrace Deposits exist on the
lower hilltops on the northern portion of the site. The deposits are present at an elevation of 75’ above
MSL. The soil comprising the Terrace Deposits is generally composed of course sand to a sandy cobble
conglomerate. In addition, the Report notes that the entire site and northern slope area is underlain at
depth by bedrock material consisting of the Santiago Formation which is composed of course sand to a
dandy cobble conglomerate. As both the Pleistocene-aged Terrace Deposits and the Santiago Formation
have a high potential to yield fossils, the implementation of Mitigation Measure Paleo-1 is required to
reduce the impacts associated with the grading to a less than significant level.
Mitigation Measure:
Paleo-1
a.Prior to issuance of the grading permit, a qualified paleontologist shall be retained to carry
out an appropriate mitigation program. A qualified paleontologist is defined as an
individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontology
procedures and techniques;
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -43- Initial Study
b. The qualified paleontologist shall be present at the pre-construction meeting to consult
with grading and excavation contractors concerning excavation schedules, paleontological
field techniques, and safety issues;
c. A paleontological monitor shall be onsite on a full-time basis during the original cutting of
previously undisturbed deposits of high paleontological resource potential (Pleistocene
Terrace Deposits and Santiago Formation) to inspect exposures for contained fossils. A
paleontological monitor is defined as an individual who has experience in the collection and
salvage of fossil materials. The paleontological monitor should work under the direction of
a qualified paleontologist;
d. When fossils are discovered the paleontologist (or paleontological monitor) shall recover
them. In most cases, this fossil salvage can be completed in a short period of time.
However, some fossil specimens (such as a complete large mammal skeleton) may require
an extended salvage period. In these instances, the paleontologist (or paleontological
monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of
fossil remains in a timely manner. Because of the potential for the recovery of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up
a screen-washing operation on the site;
e. Fossil remains collected during the monitoring and salvage portion of the paleontological
mitigation program shall be cleaned, repaired, sorted, and cataloged;
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 the fossils shall be
accompanied by financial support for initial specimen storage; and
g. A final paleontological monitoring and recovery (if applicable) summary report shall be
completed that outlines the results of the mitigation program. This report shall include
discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and
significance of recovered fossils.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -44- Initial Study
VI. GEOLOGY AND SOILS
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
☐ ☐ ☒ ☐
ii. Strong seismic ground shaking? ☐ ☐ ☒ ☐
iii. Seismic-related ground failure, including liquefaction? ☐ ☐ ☒ ☐
iv. Landslides? ☐ ☒ ☐ ☐
b) Result in substantial soil erosion or the loss of topsoil? ☐ ☒ ☐ ☐
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result
in on- or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
☐ ☐ ☒ ☐
d) Be located on expansive soils, as defined in Section 1802.3.2 of the
California Building Code (2007), creating substantial risks to life or
property?
☐ ☐ ☐ ☒
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative wastewater disposal systems where sewers
are not available for the disposal of wastewater?
☐ ☐ ☐ ☒
a.i.-a.iii. and c) Less Than Significant Impact. A Geologic Reconnaissance Report (dated October 13, 2014)
was conducted by Leighton and Associates, Inc. for the proposed project in order to provide subsurface
information and geotechnical recommendations specific to the proposed habitat mitigation project.
Pursuant to the Report, the subject site is not located within any Earthquake Fault Zones as created by
the Alquist-Priolo Act, nor are there any known major or active faults on, or within the immediate vicinity
of the site. Because of the lack of active faults on the site, the potential for surface rupture at the site is
considered remote. While considered remote, the main seismic hazard that may affect the site is ground
shaking from an active regional fault. The Rose Canyon fault is the closest mapped active fault, and is
located approximately 7 miles west of the site. In addition, there is a potential for liquefaction and lateral
spread due to liquefaction at the site within the saturate alluvium; however, as the proposed project
consists of habitat mitigation with varying gradual cut and fill slopes, and no structures are proposed, the
impacts are considered less than significant.
a.iv.) Potentially Significant Unless Mitigation Incorporated. According to the Geologic Reconnaissance
Report (dated October 13, 2014) conducted by Leighton and Associates, Inc. for the project, there are no
known or suspected ancient landslides located on the site. Furthermore, the field reconnaissance
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -45- Initial Study
performed by Leighton and Associates, Inc., and local geological maps indicate that the site contains a
favorable oriented geologic structure and the potential for significant landslides or large scale slope
instability is considered low. However, local portions of the site underlain by less favorable geologic
materials may be present; therefore, geologic mapping should be performed during site grading. With
the implementation of the mitigation measure, impacts are considered less than significant.
Mitigation Measure:
GEOLOGY-1: Geological mapping shall be performed by a licensed civil engineer during site
grading to alleviate the potential for significant landslides or large scale slope instability.
b) Potentially Significant Unless Mitigation Incorporated. The near surface soils within the proposed
habitat mitigation area are potentially erodible alluvial deposits and subject to scour when subjected to
concentrated and high velocity flows. Therefore, a hydrogeology study and scour analysis shall be
performed by the project civil engineer prior to grading. If needed, the design of scour countermeasures
should be developed and implemented during site grading. With the implementation of the mitigation
measure, impacts are considered less than significant.
Mitigation Measure:
GEOLOGY-2: Preparation of a hydrogeology study and scour analysis shall be performed by a
licensed civil engineer prior to grading. If needed, the design of scour countermeasures should
be developed and implemented during site grading.
d) No Impact. All existing undocumented fills, topsoil and alluvium are considered potentially
compressible and unsuitable in their present state for structural support. However, structural
improvements and/or structural fill are not being proposed as part of the proposed habitat mitigation
project. Therefore, no impact is assessed.
e) No Impact. The habitat mitigation project does not propose any septic tanks. Therefore, no impact is
assessed.
VII. GREENHOUSE GAS EMISSIONS
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment? ☐ ☐ ☒ ☐
b) Conflict with an applicable plan, policy or regulation adopted for
the purposes of reducing the emissions of greenhouse gases? ☐ ☐ ☒ ☐
a-b) Less than Significant Impact. Neither California nor the SDAPCD has adopted emission-based
thresholds for GHG emissions under CEQA. OPR's Technical Advisory titled CEQA and Climate Change:
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -46- Initial Study
Addressing Climate Change through California Environmental Quality Act (CEQA) Review states that
“public agencies are encouraged but not required to adopt thresholds of significance for environmental
impacts. Even in the absence of clearly defined thresholds for GHG emissions, the law requires that such
emissions from CEQA projects must be disclosed and mitigated to the extent feasible whenever the lead
agency determines that the project contributes to a significant, cumulative climate change impact” (OPR
2008, p. 4). Furthermore, the advisory document indicates in the third bullet item on page 6 that “in the
absence of regulatory standards for GHG emissions or other scientific data to clearly define what
constitutes a ‘significant impact,’ individual lead agencies may undertake a project-by-project analysis,
consistent with available guidance and current CEQA practice.” In March 2014, the City of Carlsbad
published a Draft Climate Action Plan (CAP) establishing a “bright line” threshold of 2,500 metric tons (MT)
of CO2e/year; projects equal to or exceeding this threshold would be subject to CAP measures. This 2,500
MT/year recommendation has been used as a guideline for the project analysis.
Construction activities produce combustion emissions from various sources such as site grading, utility
engines, on-site heavy-duty construction vehicles, equipment hauling materials to and from the site, and
motor vehicles transporting the construction crew. Exhaust emissions from on-site construction activities
would vary daily as construction activity levels change. Pursuant to the Climate Change Analysis prepared
for the project (LSA Associates, Inc., March, 2015), the construction GHG emission estimates were
calculated using the California Emissions Estimator Model (CalEEMod). The table below provides the
habitat mitigation project’s construction-related GHG emissions.
GHG Construction Emissions
Construction Phase
Total Regional Pollutant Emissions
(MT/yr)
CO2 CH4 N2O CO2e
Site Preparation 128 0.03705 0 128
Grading 586 0.104 0 588
Peak Year (2016) 629
Total (2015-2018) 914
Source: LSA Associates, Inc., August 2014.
CH4 = methane
CO2 = carbon dioxide
CO2e = carbon dioxide equivalent
GHG = greenhouse gas
MT = metric tons
MT/yr = metric tons per year
N2O = nitrous oxide
Based on the modeling conducted for the construction analysis (Attachment A of Climate Change
Analysis), it is estimated that the project construction would generate 914 metric tons (MT) of CO2 e/year
during the 2015-2018 construction schedule. The peak year for construction activity is 2016, with 629 MT
of CO2e/year. The project’s GHG emissions would not exceed the city’s threshold of 2,500 MT of CO2
e/year. Therefore, the project would not generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment, nor will it conflict with an applicable plan, policy,
or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The project would
not result in a cumulatively significant global climate change impact. As a result, a less than significant
impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -47- Initial Study
VIII. HAZARDS AND HAZARDOUS MATERIALS
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
☐ ☒ ☐ ☐
b) Create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving
the release of hazardous materials into the environment?
☐ ☒ ☐ ☐
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile
of an existing or proposed school?
☐ ☐ ☐ ☒
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to the
public or environment?
☐ ☐ ☐ ☒
e) For a project within an airport land use plan, or where such a plan
has not been adopted, within two miles of a public airport or
public use airport, would the project result in a safety hazard for
people residing or working in the project area?
☐ ☐ ☐ ☒
f) For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working in
the project area?
☐ ☐ ☐ ☒
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? ☐ ☐ ☐ ☒
h) Expose people or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
☐ ☐ ☒ ☐
a-b) Potentially Significant Unless Mitigation Incorporated. The proposed project consists of the
demolition of a majority of the existing equestrian-related structures on-site (i.e., storage sheds, hay barn)
and a vacant single family home, as well as grading for habitat mitigation adjacent to Agua Hedionda
Creek. In order to create the expanded wetland area, a total of 73,770 cubic yards of grading is proposed.
Specifically, a total of 73,300 cubic yards of cut and 73,300 cubic yards of fill is required, which results in
an export of 72,830 cubic yards. Given the existing equestrian uses, as well as the use of portions of the
property as agriculture, a Phase I Environmental Assessment was prepared to analyze the potential
impacts the construction phase of the project may have as it relates to hazardous materials (Rincon
Consultants, Inc., May 22, 2014).
Pursuant to the Phase I Environmental Assessment, a records review indicates that the northern portion
of the property (i.e., APN 209-060-71) was vacant land from at least 1901 to 1953, developed with one or
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -48- Initial Study
two residential buildings from 1963 to 1964 and in use as an equestrian facility since at least 1974. The
southern portion of the project site, APN 209-060-72, appears to have been vacant land from 1901 to
1968, and in use as an equestrian facility from 1974 to present. It is noted that due to the age of the
structures, lead-based paint and asbestos may have been utilized in the construction.
Based on a reconnaissance of the site, small quantities of various hazardous substances and petroleum
products were observed around the existing storage building, including small quantities of diesel fuel,
gasoline for tractors and lawnmowers, as well as miscellaneous maintenance supplies (i.e., motor oils). A
release to the wood flooring was observed in the storage building, which likely extends to the soil beneath;
hydrocarbon odors were noted. In addition, battery storage was observed at the exterior areas outside
of the workshop.
Pursuant to the recommendations of the Phase I Environmental Assessment, a Phase II was recommended
to study whether the property had been impacted by stained soil and battery storage. The Phase I
Assessment also indicated that if the existing structures located on the site are proposed to be
demolished, an asbestos and lead-based paint survey should be performed. Further, if asbestos and lead
based paint materials are determined to be present, the materials should be handled properly. A
mitigation measure has been included to reduce the potential impact to a less than significant level.
A number of soil samples were taken for the Phase II Analysis and compared to the EPA Regional Screening
Levels (RSL) for residential soil, the Los Angeles Regional Water Quality Control Board’s (LA RWQCB’s)
Maximum Soil Screen Levels for Total Petroleum Hydrocarbons (TPH) where groundwater is located less
than 20 feet below grade, and the California Human Health Screening Level for lead in residential soil.
TPH-Diesel (TPH-D) was detected in 5 soil samples collected in the material storage area of the hay barn
from 7 to 31 mg/kg. However, TPH-D did not exceed the LA RWQCB’s Maximum Soil Screening Level of
100 mg/kg or the EPA Regional Screening Level for residential soil of 100 mg/kg in any soil sample or the
EPA RSL for residential soil of 96 mg/kg in any soil sample. In addition, TPH- Oil Range and Volatile Organic
Compounds (VOCs) were not detected above the laboratory reporting limits in any soil sample.
Various concentrations of metals were detected in all eleven soil samples. Arsenic was the only metal to
exceed the soil screening levels. Arsenic exceeded the EPA RSL for residential soil, 0.67 mg/kg, in ten soil
samples with concentrations ranging from 0.15 mg/kg to 3.89 mg/kg. However, as the highest
concentration, 3.89 mg/kg is below the naturally occurring background concentrations of arsenic in
California, which is up to 11 mg/kg (Kearney, 1996), no mitigation is required.
Pursuant to the results of the Phase II Assessment, if soil is anticipated to be exported from the site, the
soil may be reused within San Diego region in accordance with the RWQCB Conditional Waiver No. 8, with
the exception of the material storage area of the hay barn which had detectable concentrations of TPH.
This area should be excavated to a depth of approximately 1 foot and disposed of offsite at an appropriate
landfill. With the incorporation of mitigation, the impacts are deemed to be less than significant.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -49- Initial Study
Mitigation Measures:
HAZ MAT-1: Prior to the issuance of a demolition permit for the existing, vacant, single-family
home, an asbestos and lead-based paint survey shall be completed. If asbestos and lead-based
paint are found to be present, the materials shall be disposed of by a licensed professional.
HAZ MAT-2: The soil proposed to be exported in the material storage area of the hay barn shall
be excavated at a depth of approximately one foot and disposed of at an appropriate landfill.
c & d) No Impact. The site is not located within one-quarter mile of an existing or proposed school. In
addition, the project site is not identified on the list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5. Therefore, no impact is assessed.
e) No Impact. The subject site is located approximately one mile north of the McClellan-Palomar Airport
and is located within Zone 6 or the Traffic Pattern Zone of the McClellan-Palomar Airport Land Use
Compatibility Plan. As the proposed project entails habitat mitigation and no structures are proposed in
conjunction with the request, no impact is assessed.
f) No Impact. The project site is not in the vicinity of a private airstrip. Therefore, no impact is assessed.
g) No Impact. The proposed habitat mitigation project will not impact the ability to provide emergency
services to the project site, nor will it physically interfere with an adopted emergency response plan or
emergency evacuation plan. Therefore, no impact is assessed.
h) Less than Significant Impact. The proposed habitat mitigation project includes the enhancement of
existing wetland and riparian habitat adjacent to Agua Hedionda Creek, as well as the addition of an
upland habitat mitigation area. The proposed upland habitat, primarily consisting of Diegan coastal sage
scrub, is proposed to be located at the southern perimeter of proposed Parcel C. While no structures are
proposed in conjunction with the project, specifically as it relates to proposed Parcel D, any future
structures will be required to appropriately setback from the upland habitat area, to the satisfaction of
the Fire Department. Therefore, a less than significant impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -50- Initial Study
IX. HYDROLOGY AND WATER QUALITY
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Violate any water quality standards or waste discharge
requirements? ☐ ☐ ☒ ☐
b) Substantially deplete groundwater supplies or interfere
substantially with ground water recharge such that there would
be a net deficit in aquifer volume or a lowering of the local ground
water table level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support existing land
uses or planned uses for which permits have been granted)?
☐ ☐ ☐ ☒
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river,
in a manner, which would result in substantial erosion or siltation
on- or off-site?
☐ ☐ ☒ ☐
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river,
or substantially increase the flow rate or amount (volume) of
surface runoff in a manner, which would result in flooding on- or
off-site?
☐ ☐ ☒ ☐
e) Create or contribute runoff water, which would exceed the
capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff?
☐ ☐ ☐ ☒
f) Otherwise substantially degrade water quality? ☐ ☐ ☒ ☐
g) Place housing within a 100-year flood hazard area as mapped on a
Federal Flood Hazard Boundary or Flood Insurance Rate Map or
other flood delineation map?
☐ ☐ ☐ ☒
h) Place within 100-year flood hazard area structures, which would
impede or redirect flood flows? ☐ ☐ ☐ ☒
i) Expose people or structures to a significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
☐ ☐ ☐ ☒
j) Inundation by seiche, tsunami, or mudflow? ☐ ☐ ☐ ☒
a) Less Than Significant Impact. The proposed habitat mitigation project is required by law to comply
with all federal, state and local water quality regulations, including the Clean Water Act, California
Administrative Code Title 23, specific basin plan objectives identified in the “Water Quality Control Plan
for San Diego Basin” (WQCP), and the City’s Standard Urban Storm Water Management Plan (SUSMP).
THE WQCP contains specific objectives for the Carlsbad Hydrologic Unit, which includes the requirement
to comply with National Pollutant Discharge Elimination System (NPDES) and the use of Best Management
Practices (BMPs). Construction activities for the project are covered under state-wide construction permit
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -51- Initial Study
Order No. 2009-009-DWQ, or latest, as issued by the State Water Resource Control Board Permit. The
project will not violate any water quality standards or waste discharge requirements, and impacts are
therefore considered to be less than significant.
b) No Impact. The proposed habitat mitigation project does not propose to directly draw any
groundwater or impact any aquifers. Therefore, no impact is assessed.
c-d) Less Than Significant Impact. A Hydraulic Analysis was prepared for the proposed project by Lyle
Engineering (January, 2015). The Analysis concluded that the grading associated with the proposed
habitat mitigation project will increase flow conveyance volume in the floodplain areas and will
significantly reduce the 100-year starting water surface elevation (WSEL). This reduction will occur west
of the College Boulevard bridge, which will be constructed as part of the College Boulevard (Reach A)
expansion project (EIR 98-02). Specifically, a majority of proposed Parcels A and D will be located outside
of the floodplain as a result of the project due to the proposal to widen the channel.
In addition, results from the Hydraulic Analysis indicate that flow velocities post project will be lower or
equal to pre-project conditions within the proposed narrowing of the low-flow channel. Flow velocities
are significantly reduced because of the shallower depths spread across the channel bottom. Therefore,
impacts are considered to be less than significant.
e) No Impact. The proposed habitat mitigation project will not create or contribute runoff water that will
exceed the capacity of existing storm water drainage systems, nor will it create polluted runoff. Therefore,
no impact is assessed.
f) Less Than Significant Impact. Construction of the proposed project is required by law to comply with
all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES
regulations. The habitat mitigation project will not result in permanent or long term degradation of water
quality. Temporary impacts associated with construction of the proposed project will be mitigated to a
less than significant level.
g-h) No Impact. As Agua Hedionda Creek bisects the site, a large portion of the site is located within a
100-year flood hazard area. However, the project does not include the construction of residences or other
structures. Therefore, no impact is assessed.
i) No Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study,
Catastrophic Dam Failure Inundation, Tsunami, and Seiche Hazard Zone Maps (September 1992), the
project site is located within a Catastrophic Dam Failure Inundation Zone for Squires Dam and Reservoir.
However, the project does not include the construction of residences or other structures. Therefore, no
impact is assessed.
j) No Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study,
Catastrophic Dam Failure Inundation, Tsunami, and Seiche Hazard Zone Maps (September 1992), the
project site is not located within a Tsunami and Seiche Hazard Zone. Therefore the project would not be
impacted or inundated by seiche, tsunami or mudflow. Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -52- Initial Study
X. LAND USE AND PLANNING
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Physically divide an established community? ☐ ☐ ☐ ☒
b) Conflict with any applicable land use plan, policy, or regulation of
an agency with jurisdiction over the project (including but not
limited to the general plan, specific plan, local coastal program, or
zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
☐ ☐ ☒ ☐
c) Conflict with any applicable habitat conservation plan or natural
community conservation plan? ☐ ☐ ☒ ☐
a) No Impact. Development of the proposed habitat mitigation project will not physically divide an
established community. Therefore, no impact is assessed.
b-c) Less than Significant Impact. The existing environmental setting of the subject properties (APN 209-
060-71, -72), can be generally characterized as semi- rural. Surrounding land uses include a vacant parcel
to the north, a vacant commercially-zoned parcel to the south, the Sunny Creek neighborhood to the
southeast consisting of single-family homes and multi-family apartments, and a single-family home and
the Rancho Carlsbad golf course to the west. Agua Hedionda Creek, which is currently narrowly incised,
flows from east to west through the central portion of the project site. The elevation of the flow line of
the creek drops nine feet through the project site, ranging from 60’ as it enters on the east side under the
College Boulevard right-of-way to 51’above mean sea level (MSL) as it enters the golf course to the west.
The southern half of the project site (APN 209-060-72) is generally flat and ranges in elevation from 51’
to 75’ above MSL. The northern half of the site (APN 209-060-71), steeply climbs in elevation from 51’ to
112 above MSL. The central portion of the project site is located in the floodway, while a majority of the
overall project site is currently located in the floodplain. The entire project site is located within a
Standards Area pursuant to the HMP.
The proposed College Boulevard Mitigation project consists of the enhancement and preservation of
sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian and upland habitat
areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological resources mitigation
measures set forth in Environmental Impact Report, EIR 98-02 (State Clearinghouse No. 99111082), as it
relates to the future construction of College Boulevard Reach A, which represents the missing link
between the northern and southern extents of College Boulevard, a major arterial road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres
(16.43 net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and
south of the intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt
road extending from the southern terminus of College Boulevard. The site is also located within the
boundaries of the Zone 15 Local Facilities Management Plan.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -53- Initial Study
APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net acres), and APN 209-060-72, the
southern parcel, is 10.95 acres in size (10.41 net acres). Both properties have a split General Plan Land
Use designation of Open Space (OS) and Residential Low-Medium (RLM) density and a zoning designation
of Limited Control (L-C). Overall, a total of 11.21 acres is designated RLM and 5.22 acres is designated
OS.
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and
3.1 acres of wetland mitigation area). Existing uses consist of an equestrian barn and stables, an
equestrian training and riding school and a vacant single-family residence. With exception to a few of the
stables located at the southeastern corner of the project site, all of the structures will be demolished to
implement the proposed habitat mitigation project. Ultimately, the remaining stables will be demolished
in conjunction with the development of College Boulevard Reach A.
Grading proposed in conjunction with the creation of the mitigation area includes the addition of a
contour-graded 2:1 slope adjacent to the northern and southern limits of the new wetland area and the
widening of the creek bed. A total of 73,300 cubic yards of cut and 470 cubic yards of fill is proposed. As
a result, a total of 72,830 cubic yards is proposed to be exported from the site. The applicant has indicated
that the exported material will be utilized in conjunction with the development of College Boulevard
Reach A. A 100-foot-wide wetland buffer is proposed from the outer limits of the newly-created wetland
mitigation area. With exception to the bio-retention basin, which is an allowable encroachment, no
development will be allowed within this buffer.
Applications associated with the proposed project include a General Plan Amendment (GPA 14-02), Zone
Change (ZC 14-01), Habitat Management Plan Permit (HMP 14-02), Hillside Development Permit (HDP 14-
04), Special Use Permit (SUP 14-03), as well as a Minor Subdivision (MS 14-10).
A General Plan Amendment (GPA) is required as part of this application since the future habitat
boundaries extend beyond the limit of the existing Open Space (OS) land use designation. The expanded
OS area will allow for the natural habitat to be placed in a separate lot (Parcel C) and preserved in
perpetuity. In addition, an OS General Plan Land Use designation is proposed for Parcels A (agricultural
lot) and B (College Boulevard Reach A detention basin). Based on the current environmental constraints
for the overall project area, the current residential unit yield is 23 units. As part of the proposed request
to change the General Plan Land Use designation from RLM to OS to accommodate the project, the
resulting development yield is 18.50 dwelling units. Therefore, a total of 4.5 dwelling units will be
deposited into the city’s Excess Dwelling Unit Bank. Overall, as the proposed project increases the area
of designated open space, the project is consistent with the Land Use and Open Space Elements of the
General Plan.
A Zone Change (ZC) is required to change the zoning designation from Limited Control (L-C) to Open Space
to allow for the creation of the agricultural lot (Parcel A), the detention basin lot (Parcel B) as well as the
natural open space/mitigation lot (Parcel C). Parcel D is proposed to be remain as L-C until a development
application is received.
A Hillside Development Permit (HDP) is proposed to allow for grading in an area which has existing slopes
which exceed a gradient of 15% and an elevation differential of 15 feet or more. The grading design is
consistent with the intent of the Hillside Ordinance, Carlsbad Municipal Code (CMC) Chapter 21.95 since
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -54- Initial Study
the proposal involves habitat restoration and the proposed 2:1 (minimum) slopes will be contour graded.
In addition, the slopes do not exceed a height of 40 feet and the proposed quantity of grading, 7,595 cubic
yards per acre, falls within the “acceptable” range, 0-7,999 cubic yards per acre.
A Special Use Permit (SUP) is proposed for grading in the existing 100-year floodplain. As part of the
proposed project, the existing floodplain limits will be modified as a result of the grading proposed in
conjunction with the habitat mitigation area. The project is consistent with CMC Chapter 21.110 in that
the proposal will improve the existing setting as it relates to flood hazards and it does not adversely affect
properties upstream or downstream of the project area.
A Habitat Management Plan (HMP) Permit is required since the existing lots area located within a
Standards Area pursuant to the HMP. Consistency Findings are required to be processed. As discussed
in Section IV of this document (Biological Resources), the project is compatible with the City’s Habitat
Management Plan.
A Minor Subdivision (MS) is proposed to subdivide the two existing lots into four lots. The lot sizes and
intended future use are summarized below:
Parcel A: 1.0 acres (gross/net), agricultural-future garden (OS/OS)
Parcel B: 1.23 acres (gross)/0.84 acres (net), bio-retention basin for College Boulevard (OS/OS);
Parcel C: 9.23 acres (gross)/8.81 acres (net), wetland and upland habitat mitigation open space
lot, to be preserved in perpetuity through a biological conservation easement (OS/OS); and
Parcel D: 6.09 acres (gross)/5.78 acres (net); future residential development; no development
proposed at this time (RLM/L-C).
In addition, the project is in compliance with the Airport Land Use Compatibility Plan (see Section VIII,
Hazards and Hazardous Materials). Therefore, impacts associated with Land Use and Planning are
considered to be less than significant.
XI. MINERAL RESOURCES
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that
would be of future value to the region and the residents of the
State?
☐ ☐ ☐ ☒
b) Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, specific
plan, or other land use plan?
☐ ☐ ☐ ☒
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -55- Initial Study
a-b) No Impact. Carlsbad is devoid of non-renewable energy resources. Mineral resources within the City
are no longer being utilized and extracted as exploitable natural resources. Therefore, no mineral
resource impacts will occur as a result of any project. (MEIR 93-01, page 5.13-1)
XII. NOISE
Would the project result in: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance
or applicable standards of other agencies?
☐ ☐ ☐ ☒
b) Exposure of persons to or generation of excessive groundbourne
vibration or groundbourne noise levels? ☐ ☐ ☒ ☐
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project? ☐ ☐ ☐ ☒
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
☐ ☐ ☒ ☐
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within 2 miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
☐ ☐ ☐ ☒
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
☐ ☐ ☐ ☒
a) No Impact. The project will not result in the exposure of persons to or generation of noise levels in
excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual as the
proposed project will only preserve, enhance and create wetland habitat. Therefore, no impact is
assessed.
b & d) Less than Significant Impact. The anticipated grading operations associated with the proposed
project will result in a temporary and minor increase in groundbourne vibration and ambient noise levels.
Following the completion of grading, ambient noise level and vibrations are expected to improve when
compared to existing noise levels since the equestrian-related land use will be removed from the site and
a large portion of the project site will be permanently preserved as open space. Therefore, impacts are
considered to be less than significant.
c) No Impact. The College Boulevard Mitigation project consists of the preservation, enhancement and
creation of wetland habitat associated with impacts resulting from the future construction of College
Boulevard (Reach A). The proposed project will increase the amount of open space in the area, and will
not result in sustained ambient noise levels. Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -56- Initial Study
e-f) No Impact. The project site is located approximately one mile north of the McClellan-Palomar Airport
and is located within Zone 6 of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The
proposed habitat mitigation project is consistent with the ALUCP. In addition, the project site is not
located within the vicinity of a private airstrip. Furthermore, the proposed project does not include the
construction of new residences. Therefore, no project impact is assessed.
XIII. POPULATION AND HOUSING
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Induce substantial growth in an area either directly (for example, by
proposing new homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
☐ ☐ ☐ ☒
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere? ☐ ☐ ☐ ☒
c) Displace substantial numbers of people, necessitating the construction
of replacement housing elsewhere? ☐ ☐ ☐ ☒
a) No Impact. The proposed habitat mitigation is associated with the implementation of mitigation
measures for the construction of College Boulevard (Reach A), which has been previously analyzed as a
component of EIR 98-02 (State Clearinghouse No. 99111082). In addition to the habitat mitigation, a
General Plan Amendment and Zone Change are proposed, which will reduce the overall development
potential of the site since additional area will be permanently designated as Open Space. Therefore, no
impact is assessed.
b-c) No Impact. Existing land uses on the site include a commercial horse boarding and training facility
as well as riparian/wetland habitats. One existing vacant house is located on the project site. As the
house is vacant, no people will be displaced from their homes as a result of the proposed project.
Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -57- Initial Study
XIV. PUBLIC SERVICES
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the
provision of new or physically altered government facilities, a
need for new or physically altered government facilities, the
construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of the public
services:
i. Fire protection? ☐ ☐ ☐ ☒
ii. Police protection? ☐ ☐ ☐ ☒
iii. Schools? ☐ ☐ ☐ ☒
iv. Parks? ☐ ☐ ☐ ☒
v. Other public facilities? ☐ ☐ ☐ ☒
a.i-a.v) No Impact. The nature of the proposed project (habitat mitigation) will not affect the provision
and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.).
Furthermore, the proposed project shall be subject to the conditions and facility service level
requirements within the Local Facilities Management Plan for Zones 15. As a result, no impact is assessed
to public services.
XV. RECREATION Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
☐ ☐ ☐ ☒
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities, which might
have an adverse physical effect on the environment?
☐ ☐ ☐ ☒
a-b) No Impact. A portion of the existing site currently accommodates a private equestrian center,
which provides for the boarding of horses as well as equestrian training. As part of the proposed habitat
mitigation project, the equestrian uses and related accessory structures will be removed from the
project site. Given the proposed open space designation to preserve the sensitive habitat, the project
would not increase the use of existing neighborhood parks. No recreational facilities are proposed in
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -58- Initial Study
conjunction with the proposed project. Further, because the proposed project is not considered to be
residential or commercial development, an in-lieu park fee is not required. Therefore, no impact is
assessed.
XVI. TRANSPORTATION/TRAFFIC
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation
system, taking into account all modes of transportation including
mass transit and non-motorized travel and relevant components
of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit?
☐ ☐ ☒ ☐
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel
demand measures, or other standards established by the county
congestion management agency for designated roads or
highways?
☐ ☐ ☐ ☒
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
☐ ☐ ☐ ☒
d) Substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒
e) Result in inadequate emergency access? ☐ ☐ ☐ ☒
f) Conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
☐ ☐ ☐ ☒
a) Less than Significant Impact. The habitat mitigation project will not generate any Average Daily Trips
(ADT) after the construction phase of the project is complete. The trips associated with the construction
phase of the project are minimal and will not cause an increase in traffic that is substantial in relation to
the existing traffic load and capacity of the street system. Therefore, impacts from the proposed project
are considered to be less than significant.
b) No Impact. As the proposed project will only generate trips in the short term during the construction
phase, there will be no conflict with the applicable Congestion Management Program. Therefore, no
impact is assessed.
c) No Impact. The proposed habitat mitigation project will not have any impact on air traffic patterns.
Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -59- Initial Study
d & e) No Impact. No circulation improvements are proposed nor is emergency access required as part
of the habitat mitigation project. Therefore, no impact is assessed.
f) No Impact. The proposed habitat mitigation project does not involve the construction of transit, bicycle
or pedestrian facilities. Therefore, no impact is assessed.
XVII. UTILITIES AND SERVICE SYSTEMS
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board? ☐ ☐ ☐ ☒
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the
construction of which would cause significant environmental
effects?
☐ ☐ ☐ ☒
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of
which could cause significant environmental effects?
☐ ☐ ☐ ☒
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded
entitlements needed?
☐ ☐ ☐ ☒
e) Result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate
capacity to serve the project’s projected demand in addition to
the provider’s existing commitments?
☐ ☐ ☐ ☒
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs? ☐ ☐ ☐ ☒
g) Comply with federal, state, and local statutes and regulations
related to solid waste? ☐ ☐ ☐ ☒
a-b) No Impact. The proposed project will not generate any wastewater. Therefore, no impact is
assessed.
c) No Impact. The proposed project does not include the construction of new storm water drainage
facilities or the expansion of existing facilities. The EC North Water Quality Basin has been shown on many
of the project exhibits, as it is required as part of the development of College Boulevard, however it is not
part of this project. Therefore, no project impact is assessed.
d) No Impact. Existing water supplies are sufficient to serve the proposed project. Therefore, no impact
is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -60- Initial Study
e) No Impact. No residences are proposed in conjunction with the habitat mitigation project; therefore,
no additional wastewater demand is anticipated as a result of this project. No impact is assessed.
f) No Impact. As the proposed project entails habitat mitigation and no solid waste will be generated,
this threshold is not applicable. Therefore, no impact is assessed.
g) No Impact. As the proposed project entails habitat mitigation and no solid waste will be generated,
this threshold is not applicable. Therefore, no impact is assessed.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
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
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
☐ ☒ ☐ ☐
b) Does the project have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively considerable” means
that the incremental effects of a 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?)
☐ ☐ ☒ ☐
c) Does the project have environmental effects, which will cause the
substantial adverse effects on human beings, either directly or
indirectly?
☐ ☐ ☐ ☒
a) Less than Significant Impact with Mitigation Incorporated. As outlined in the Biological
Resources section of this report, the project’s required mitigation reduces impacts to sensitive native
habitat and wildlife species to a less than significant level. In addition, the project is consistent with the
city’s Habitat Management Plan (HMP). Further, the implementation of the HMP provides mitigation for
cumulative biological impacts as it allows for the adoption of a long-term biological preserve system
throughout the City. Therefore, there will be no cumulative impacts to sensitive habitat or wildlife
communities. In addition, project mitigation outlined in the Cultural Resources section of this report,
ensures that there will be no loss of culturally significant artifacts that are important examples of
California’s history.
b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects
regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated
into SANDAG projections. Based upon those projections, region-wide standards, including storm water
quality control, air quality standards, habitat conservation, congestion management standards, etc., are
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -61- Initial Study
established to reduce the cumulative impacts of development in the region. All of the City’s development
standards and regulations are consistent with the region wide standards. They City’s standards and
regulations, including grading standards, water quality and drainage standards, traffic standards, habitat
and cultural resource protection regulations, and public facility standards, ensure that development
within the City will not result in a cumulatively considerable impact.
There are two regional issues that development within the City of Carlsbad has the potential to have a
cumulatively considerable impact on. Those issues are air quality and regional circulation. The project
would contribute to a cumulatively considerable potential net increase in emissions throughout the air
basin, however, these emissions only have the potential to be present through the construction phase of
the project and the cumulative impacts are less than significant.
SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa
Fe Road, El Camino Real, and Palomar Airport Road) and one highway segment in Carlsbad as part of the
regional circulation system. Based on the design capacities of the designated roads and highway, and the
fact that the proposed project will only generate trips in the short term during the construction phase,
there will be no conflict with the applicable Congestion Management Program, and cumulative impacts
are less than significant.
c) No Impact. The proposed habitat mitigation project implements mitigation measures identified for the
construction of the College Boulevard (Reach A) extension. The project will not result in any direct or
indirect substantial adverse environmental effects on human beings. Therefore, no impact is assessed.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -62- Initial Study
EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,”
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad
Planning Division located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01),
City of Carlsbad Planning Division, March 1994.
2. Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994, as updated.
3. City of Carlsbad Municipal Code (CMC), Title 21 Zoning, City of Carlsbad Planning Division, as updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), City of Carlsbad
Planning Division, November, 2004.
5. Dos Colinas Final Environmental Impact Report (EIR 09-01), City of Carlsbad, September, 2011.
6. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. McClellan-
Palomar Airport Land Use Compatibility Plan (ALUCP). Amended December 1, 2011.
7. Air Quality and Climate Change Analysis for the Zone 15 Habitat Mitigation Project, LSA Associates,
Inc., March 12, 2015.
8. Biological Technical Report, College Boulevard- Reach A and Basin BJ Project, Alden Environmental,
March 26, 2015.
9. College Boulevard- Reach A and Basin BJ Project Mitigation Plan, College Boulevard- Reach A and Basin
BJ Project, Alden Environmental, March 26, 2015.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -63- Initial Study
10. Geologic Reconnaissance Report, Proposed College Boulevard Habitat Mitigation Site, Leighton and
Associates, Inc., October 13, 2014.
11. Phase I Environmental Site Assessment, Rincon Consultants, Inc., May 22, 2014.
12. Phase II Environmental Site Assessment, Equestrian Facility, Rincon Consultants, Inc., March 19, 2015.
13. Agua Hedionda Creek Hydraulic Analysis for College Boulevard Wetland Mitigation Site, Lyle
Engineering, Inc., January, 2015.
14. Phase I Cultural Resources Survey for the Dos Colinas/College Boulevard Mitigation Project, Brian F.
Smith & Associates, July 1, 2014.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -64- Initial Study
LIST OF MITIGATING MEASURES
BIO-1: Mitigation for California Department of Fish and Wildlife (CDFW) jurisdictional habitats shall
be as follows:
a. Direct impacts to 0.72 acre of wetland/riparian communities/habitats shall be mitigated at a ratio
of 3:1 through on-site preservation, enhancement, and re-establishment/creation of 2.16 acres
of wetland habitat within proposed Parcel C (i.e., the Equestrian Center North/South/ECNS
Mitigation Site). At least 0.72 acre of this shall be met through habitat re-establishment/creation
to maintain no net loss.
b. Direct impacts to 0.12 acre of non-wetland riparian habitat shall be mitigated at a ratio of 2:1
through on-site preservation, enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within the ECNS Mitigation Site. At least 0.12 acre of this shall be met through
habitat re-establishment/creation to maintain no net loss.
BIO-2: Mitigation for U.S. Army Corps of Engineers (Corps) jurisdictional habitats shall be as follows:
a. Direct impacts to 0.19 acre of wetland/riparian communities/habitats shall be mitigated at a ratio
of 3:1 through the on-site preservation, enhancement, and re-establishment/creation of 0.57 acre
of wetland habitat within proposed Parcel C (i.e., ECNS Mitigation Site). At least 0.19 acre of this
shall be met through habitat re-establishment/creation to maintain no net loss. These impacts
overlap with those for CDFW jurisdictional habitats in BIO-1. Therefore, this mitigation is satisfied
through the implementation of BIO-1.
b. Direct impacts to 0.12 acre of non-wetland riparian habitat shall be mitigated at a ratio of 2:1
through on-site preservation, enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within proposed Parcel C (i.e., ECNS Mitigation Site). At least 0.12 acre of this will
be met through habitat re-establishment/creation to maintain no net loss. These impacts overlap
with those for CDFW jurisdictional habitats in BIO-1. Therefore, this mitigation is satisfied through
the implementation of BIO-1.
BIO-3: Direct impacts to 2.61 acres of unoccupied coastal sage scrub, coastal sage scrub (Baccharis),
and coastal sage scrub-disturbed shall be mitigated at a ratio of 2:1 through on-site re-
establishment/creation of 5.22 acres of coastal sage scrub within proposed Parcel C (i.e., ECNS habitat
mitigation site).
BIO-4: Direct impacts to 0.31 acre of non-native grassland (Habitat Group E, 0.28 acres associated
with College Boulevard and 0.03 associated with Parcel C) shall be mitigated at a ratio of 0.5:1 through
payment of an in lieu fee (i.e., 0.16 acres).
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -65- Initial Study
BIO-5: Direct impacts to 26.39 acres of “Other Areas” (Habitat Group F) shall be mitigated through
the payment of an in-lieu fee. If the grading and/or clearing/grubbing permits are not issued at the
same time for the development of College Boulevard and proposed parcel C, the following
information shall be used for the calculation of the in-lieu fee:
College Boulevard Reach A/Basin BJ
Agricultural lands: 15.71 acres
Eucalyptus woodland: 1.50 acres
Disturbed lands: 2.86 acres
TOTAL: 20.07 ACRES
Parcel C/Habitat Mitigation Site
Agricultural lands: 0.37 acres
Eucalyptus woodland: 0.67 acres
Disturbed lands: 5.28 acres
TOTAL: 6.32 ACRES
BIO 6: Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, a final
wetlands/riparian restoration plan shall be approved by the City Planner (with concurrence by the
USFWS, USACE, and CDFW) to mitigate for the above impacts.
BIO-7: Impacts to USACE (Jurisdictional Wetlands and Non-Wetland Waters of the U.S.) and CDFW
(Riparian and Streambed) jurisdictional areas shall require a Section 404 permit from the USACE, a
1602 Streambed Alteration Agreement from the CDFW, and a 401 State Water Quality Certification
from the Regional Water Quality Control Board, which shall be obtained prior to the issuance of a
grading permit and/or the clearing of any habitat on-site.
BIO-8: Prior to the issuance of a grading permit, and/or the clearing of any habitat on-site, whichever
occurs first, the Applicant shall take the following actions to the satisfaction of the City Planner in
relation to proposed Parcel C, which is being conserved for natural habitat in conformance with the
City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses qualifications to
manage the open space lot(s) for conservation purposes;
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating
the costs of management and monitoring of the open space lot(s) in perpetuity in accordance
with the requirements of the North County Multiple Habitats Conservation Plan and the City’s
Open Space Management Plan;
c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism
acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for
management and monitoring of the open space lot(s) in perpetuity;
d. Record a Conservation Easement or Restrictive Covenant over the open space lot(s); and
e. Prepare a Preserve Management Plan which will ensure adequate management of the open space
lot(s) in perpetuity.
BIO-9: To avoid any impacts to potentially active raptor nests, trees shall be removed outside of the
breeding season (September 1st to January 31st) of local raptor species. If it is determined that trees
must be removed during the breeding season (February 1st to August 30th), a raptor nest survey shall
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -66- Initial Study
be conducted by a qualified biologist prior to the removal of any trees to determine if raptor nests are
present. If active nests are discovered, a 500 foot minimum buffer shall be established around the
tree until the young are independent of the nest site. No construction activity shall be allowed to
occur within the buffer area until a qualified biologist has determined that the fledglings are
independent of the nest.
BIO-10: Erosion Control – A Storm Water Pollution Prevention Plan shall be developed that describes
sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment
management practices, and other factors deemed necessary by the City and applicable regulatory
agencies. Erosion control measures shall be monitored on a regularly scheduled basis, particularly
during times of heavy rainfall. Corrective measures shall be implemented in the event erosion control
strategies are inadequate. Sediment/erosion control measures shall be continued until such time as
the mitigation efforts are successful at soil stabilization.
BIO-11: Fencing and Signs – Prior to and during implementation of the mitigation effort, a temporary
orange construction fence shall be installed along the northern edge of proposed Parcels A and C to
restrict access and protect the sensitive upland habitat on the Dos Colinas property to the north (HMP
hardline area and future biological conservation easement). Permanent fences shall be constructed
along the boundaries between the site and adjacent development preventing off-road vehicle and
pedestrian access. Steel signs shall be attached to the fences to provide notice, in both English and
Spanish, that the area is an ecological preserve and that trespassing is prohibited.
BIO-12: Irrigation - A temporary, above ground irrigation system shall be installed within both the
wetland and upland mitigation areas. The system shall provide head to head coverage to ensure
adequate irrigation of both the installed seed mix and container stock species. The system shall
include timers and ground moisture sensors to help prevent over-watering. The timers shall be set to
emulate a normal rainfall year in the event that actual rainfall does not reach normal levels. The
system shall be removed at the direction of the restoration specialist.
BIO-13: Wetland Habitat Installation
a. Wetland seeding shall take place within the wetland mitigation area along Agua Hedionda Creek
and shall contain a native, wetland seed mix sourced from as close to the Parcel C/ECNS Mitigation
Site as possible. The seed mix shall be derived from the list of species in Table 8 (Wetland Seed
Mix) in the College Boulevard—Reach A and Basin BJ Project Mitigation Plan. A hydroseed slurry
shall be evenly applied in two stages such that an even, homogenous distribution is made in each
area. Hand seeding may be conducted in focused areas and shall be conducted in any area where
hydroseed slurry does not reach.
b. Native, wetland container stock shall be planted in the mitigation area to supplement the wetland
seeding. The container stock shall be sourced from as close to the Parcel C/ECNS Mitigation Site
as possible, and the source(s) of all container stock shall be provided. All container stock shall be
inspected and approved by the restoration specialist prior to being installed to ensure that the
correct number, size, and species ordered were delivered, and that the plants are healthy,
showing no signs of disease, and are in a state suitable for planting. The container stock used shall
be derived from the list provided in Table 10 (Wetland Container Stock) in the College Boulevard—
Reach A and Basin BJ Project Mitigation Plan.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -67- Initial Study
c. Container stock shall be planted in such a way as to mimic a natural species distribution. The
restoration specialist shall specify the locations for all planting.
d. The installation contractor shall be responsible for planting all container stock within four days
following delivery. Container stock staged on site shall be placed in a protected area and watered
regularly prior to planting.
BIO-14: Upland Habitat Installation
a. Upland seeding for coastal sage scrub shall take place on the Parcel C/ECNS Mitigation Site
adjacent to the wetland mitigation area. The native seed mix shall be derived from the list of
species in Table 11 (Diegan Coastal Sage Scrub Seed Mix) from the College Boulevard—Reach A
and Basin BJ Project Mitigation Plan and sourced from as close to the site as possible. The seed
shall be applied as described above for the wetland seeding.
b. Native, coastal sage scrub container stock shall be planted within the seeded upland area. The
stock shall be sourced from as close to the Parcel C/ECNS Mitigation Site as possible, and the
source(s) of all container stock shall be provided. As with the wetland container stock, all will be
inspected and approved by the restoration specialist prior to installation.
c. Container stock shall be planted in such a way as to mimic a natural species distribution. The
restoration specialist shall specify the locations for all planting.
d. The installation contractor shall be responsible for planting all container stock within four days
following delivery. Container stock staged on site shall be placed in a protected area and watered
regularly prior to planting.
BIO-15: Small Animal Shelters - As an aid to wildlife establishment within the mitigation area, shelters
for small animal species shall be created.
a. Twenty, half-inch thick plywood boards measuring 2 X 4 feet, and hand-created, low shrub and
brush piles approximately 4 to 6 feet in diameter and 2 to 3 feet in height shall be created and
placed throughout the mitigation area.
b. To help facilitate the presence of pollinator species, a total of 10 bee blocks (Sarver 2007, Xerces
2012) shall be prepared and scattered throughout the upland mitigation area. The bee blocks
shall be oriented east to southeast.
c. A total of 6 sand pits shall be installed within the upland mitigation area to support ground-nesting
bees. Each pit shall be approximately 2 feet deep and 4 feet in diameter and shall be filled with a
mix of sand, native soil, and organic material.
BIO 16: Projects that cannot be conducted without placing equipment or personnel in or adjacent to
sensitive habitats shall be timed to ensure that habitat is removed prior to the initiation of the
breeding season (February 15 to September 15). Specifically, clearing, grubbing, and tree removal
shall be prohibited during the breeding season for HMP Covered Species (e.g., least Bell’s vireo,
yellow-breasted chat, and Cooper’s hawk). This prohibition would also protect the yellow warbler,
Nuttall’s woodpecker, white-tailed kite, and other MBTA and CFGC protected species.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -68- Initial Study
c. All construction activities are prohibited within 300 feet of an active bird nest and within 500 feet
of an active listed species’ bird nest (e.g., least Bell’s vireo), which would also protect all species
protected by the MBTA and CFGC.
b. Clearing and grubbing of all wetland/riparian and upland vegetation communities/wildlife
habitats shall be conducted outside the February 15 to September 15 breeding season. Clearing
and grubbing of other areas (e.g., agricultural lands) shall be conducted outside the breeding
season unless it is demonstrated that no avian nesting is occurring in those other areas (or within
300 or 500 feet of those other areas).
c. For clearing and grubbing in other areas during the breeding season, a pre-construction survey
for avian nesting shall be conducted by a qualified biologist within seven calendar days prior to
construction. The survey shall cover 300 feet beyond the impact footprint and up to 500 feet
beyond the footprint where sensitive species may occur (e.g., coastal California gnatcatcher off
site to the east in Core #3). It no nests are found, construction may proceed. If nests are found,
the biologist shall conspicuously mark the 300- or 500-foot buffer so that construction does not
encroach into the buffer until the nest is no longer active (i.e., the nestlings fledge, the nest fails,
or the nest is abandoned, as determined by the qualified biologist
BIO-17: The following construction measures shall be implemented:
a. The qualified Project biologist shall review grading plans (e.g., all access routes and staging areas)
and monitor construction activities throughout the duration of the Project to ensure that all
practicable measures are being employed to avoid incidental disturbance of habitat and any target
species of concern outside the Project footprint.
b. Construction monitoring reports shall be completed and provided to the City summarizing how the
Project is in compliance with applicable conditions. The Project biologist shall be empowered to
halt work activity, if necessary, and to confer with City staff to ensure the proper implementation
of species and habitat protection measures.
c. Any habitat destroyed that is not in the identified Project footprint shall be disclosed immediately
to the City, USFWS, and CDFW and shall be compensated at a minimum ratio of 5:1.
d. Access to and from the Project shall be located along existing access routes or disturbed areas to
the greatest extent possible. All access routes outside of existing roads or construction areas shall
be clearly marked.
e. Construction employees shall limit their activities, vehicles, equipment, and construction materials
to the fenced Project footprint.
f. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with
minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100 feet
from WUS. These designated areas shall be located in such a manner as to prevent any runoff from
entering sensitive habitat. All necessary precautions shall be taken to prevent the release of
cement or other toxic substances into surface waters. All Project-related spills of hazardous
materials shall be reported to the City and shall be cleaned up immediately and contaminated soils
removed to approved disposal areas.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -69- Initial Study
g. When stream flows must be diverted, the diversions shall be conducted using sandbags or other
methods requiring minimal in-stream impacts. Silt fencing or other sediment trapping materials
shall be installed at the downstream end of construction activity to minimize the transport of
sediments off site. Settling ponds, where sediment is collected, shall be cleaned out in a manner
that prevents the sediment from re-entering the stream. Care shall be exercised when removing
silt fences, as feasible, to prevent debris or sediment from returning to the stream.
h. Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar
debris material shall not be stockpiled within the stream channel or on its banks.
i. Construction through sensitive areas shall be scheduled to minimize potential impacts to biological
resources. Construction adjacent to drainages should occur during periods of minimum flow (i.e.,
summer through the first significant rain of fall) to avoid excessive sedimentation and erosion and
to avoid impacts to drainage-dependent species. Construction near riparian areas or other
sensitive habitats shall also be scheduled to avoid the breeding season (February 15 to September
15) and potential impacts to breeding bird species.
j. If dead or injured listed species are located, initial notification must be made within three working
days, in writing, to the USFWS Division of Law Enforcement in Torrance, California and by
telephone and in writing to the applicable jurisdiction, Carlsbad Field Office of the USFWS, and
CDFW.
k. The Project site shall be kept as clean of debris as possible. All food-related trash items shall be
enclosed in sealed containers and regularly removed from the site. Pets of Project personnel shall
not be allowed on site.
l. The City shall have the right to access and inspect any sites of approved projects including any
restoration/enhancement area for compliance with Project approval conditions. The USFWS and
CDFW may accompany City representatives during this inspection.
BIO-18: Construction-related noise associated with sources including clearing, grading, and construction
vehicular traffic shall comply with the following measures:
a. Construction activities shall be limited during the breeding season (February 15 to September 15)
to those that will not produce significant noise impacts (i.e., noise levels greater than 60 dB Leq
[decibels, equivalent sound level]) at the edge of habitats of concern. Habitats of concern in this
case include those in Agua Hedionda Creek and its tributary.
b. Noise levels inside the Conservation Areas shall not exceed 60 dBA Leq during the period February
15 to September 15. For the least Bell’s vireo, specifically, construction noise levels at the riparian
canopy edge shall be kept below 60 dBA Leq (Measured as Equivalent Sound Level) from 5 a.m. to
11 a.m. during the peak nesting period of March 15 to July 15. For the balance of the day/season,
the noise levels shall not exceed 60 decibels, averaged over a one-hour period on an A-weighted
decibel (dBA; i.e., one hour Leq/dBA). Noise levels shall be monitored and monitoring reports shall
be provided to the City, USFWS, and CDFW. Noise levels in excess of this threshold shall require
written concurrence from USFWS and CDFW and may require additional minimization/mitigation
measures.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -70- Initial Study
BIO-19: Lighting in or adjacent to Parcel C (habitat mitigation site) shall not be used except where
essential for roadway, facility use, and safety. If night time construction lights are necessary, all lighting
adjacent to natural habitat shall be shielded and/or directed away from habitat. Post-construction lighting
adjacent to Conservation Areas shall be reduced (low pressure sodium lighting) and/or shielded.
BIO 20: The use of non-native or invasive plant species in landscaping adjacent to proposed Parcel C (i.e.,
proposed HMP Hardline) is prohibited. Irrigation runoff shall be prevented from entering into
Conservation Areas from adjacent landscaping to reduce nitrogen, pesticides, and excess moisture. Only
native or compatible, non-invasive, drought-tolerant plant species shall be used in landscaping, and no
species on the California Invasive Plant Council (Cal-IPC) “Invasive Plant Inventory” list shall be used in
landscaping or any erosion control plan. None of the species on the HMP’s list of invasive plant species
occurring, or potentially occurring, in the City shall be included in landscaping or erosion control.
CULTURAL-1: The following archaeological resource mitigation measures shall be implemented:
a. Prior to issuance of a grading permit, 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/historian shall attend the pre-grading meeting with the contractors to
explain and coordinate the requirements of the monitoring program.
c. During the original cutting of previously undisturbed deposits, the archaeological monitor(s) shall
be on-site full-time to perform periodic inspections of the excavations. The frequency of inspections
will depend upon the rate of excavation, the materials excavated, and the presence and abundance
of artifacts and features.
d. Isolates and clearly non-significant deposits will be minimally documented in the field and the
monitored grading can proceed.
e. In the event that previously unidentified cultural resources are discovered, the archaeologist shall
have the authority to divert or temporarily halt ground disturbance operation in the area of
discovery to allow evaluation of potentially significant cultural resources. The archaeologist shall
contact the lead agency at the time of discovery. The archaeologist, in consultation with the lead
agency, shall determine the significance of the discovered resources. The archaeologist, in
consultation with the lead agency and the Native American monitor, shall determine the
significance of the discovered resources. For significant cultural resources, a Research Design and
Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist,
approved by the lead agency, and carried out using professional archaeological methods. If any
human bones are discovered, the county coroner and lead agency shall be contacted. In the event
that the remains are determined to be of Native American origin, the Most Likely Descendant, as
identified by the NAHC, shall be contacted in order to determine proper treatment and disposition
of the remains.
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -71- Initial Study
f. Before construction activities are allowed to resume in the affected area, the artifacts shall be
recovered and features recorded using professional archaeological methods. The archaeological
monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample
for analysis.
g. All cultural material collected during the grading monitoring program shall be processed and
curated according to the current professional repository standards. The collections and associated
records shall be transferred, including title, to an appropriate curation facility to be accompanied
by payment of the fees necessary for permanent curation.
h. A report documenting the field and analysis results and interpreting the artifact and research data
within the research context shall be completed and submitted to the satisfaction of the lead agency
prior to the issuance of any building permits.
CULTURAL-2: The following cultural resource mitigation measures shall be implemented:
a. Prior to the issuance of grading permits, the owner/developer shall enter into a pre-excavation
agreement with a representative of the San Luis Rey Band of Mission Indians. Verification shall be
documented by a letter from the property owner/developer and the San Luis Rey Band of Mission
Indians to the City of Carlsbad City Planner. The purpose of this agreement will be to establish the
requirement of tribal monitoring and to formalize procedures for the treatment of Native American
human remains and burial, ceremonial, or cultural items that may be uncovered during any ground
disturbance activities;
b. Prior to commencement of grading, the Native American Monitor and/or representative of the San
Luis Rey Band of Mission Indians shall be present at the pre-construction meeting to consult with
the grading and excavation contractors;
c. In the event that any cultural resources, concentration of artifacts, or culturally modified soil
deposits are discovered within the project area at any time during brushing, grading, and/or
construction activities, the archeologist, in coordination with the Native American Monitor, shall be
empowered to suspend work in the immediate area of the discovery until such time as a data
recovery plan can be developed and implemented;
d. The discovery of any resource shall be reported to the City of Carlsbad City Planner prior to any
evaluation testing; and
e. If any deposits are evaluated as significant under CEQA, additional mitigation may be required as
recommended by the archeologist, in coordination with the Native American Monitor.
Paleo-1: The following paleontological mitigation measures shall be implemented:
a. Prior to issuance of the grading permit, a qualified paleontologist shall be retained to carry out an
appropriate mitigation program. A qualified paleontologist is defined as an individual with an M.S.
or Ph.D. in paleontology or geology who is familiar with paleontology procedures and techniques;
College Boulevard Mitigation
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
June 2013 -72- Initial Study
b. The qualified paleontologist shall be present at the pre-construction meeting to consult with grading
and excavation contractors concerning excavation schedules, paleontological field techniques, and
safety issues;
c. A paleontological monitor shall be onsite on a full-time basis during the original cutting of previously
undisturbed deposits of high paleontological resource potential (Pleistocene Terrace Deposits and
Santiago Formation) to inspect exposures for contained fossils. A paleontological monitor is defined
as an individual who has experience in the collection and salvage of fossil materials. The
paleontological monitor should work under the direction of a qualified paleontologist;
d. When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In
most cases, this fossil salvage can be completed in a short period of time. However, some fossil
specimens (such as a complete large mammal skeleton) may require an extended salvage period.
In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily
direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the
potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be
necessary in certain instances, to set up a screen-washing operation on the site;
e. Fossil remains collected during the monitoring and salvage portion of the paleontological mitigation
program shall be cleaned, repaired, sorted, and cataloged;
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 the fossils shall be accompanied by financial support
for initial specimen storage; and
g. A final paleontological monitoring and recovery (if applicable) summary report shall be completed
that outlines the results of the mitigation program. This report shall include discussions of the
methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered
fossils.
GEOLOGY-1: Geological mapping shall be performed by a licensed civil engineer during site grading to
alleviate the potential for significant landslides or large slope scale instability.
GEOLOGY-2: Preparation of a hydrogeology study and scour analysis shall be performed by a licensed civil
engineer prior to grading. If needed, design of scour countermeasures should be developed and
implemented during site grading.
HAZ MAT-1: Prior to the issuance of a demolition permit for the existing, vacant, single-family home, an
asbestos and lead-based paint survey shall be completed. If asbestos and lead-based paint are found to be
present, the materials shall be disposed of by a licensed professional.
HAZ MAT-2: The soil proposed to be exported in the material storage area of the hay barn shall be
excavated at a depth of approximately one foot and disposed of at an appropriate landfill.
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 23
Mitigation Monitoring and Reporting Program
PROJECT NAME: College Boulevard Mitigation
PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
APPROVAL DATE/RESOLUTION NUMBER(S):
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).
MITIGATION MEASURE Timing/ Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-1
Mitigation for California Department of Fish and Wildlife (CDFW)
jurisdictional habitats shall be as follows:
a. Direct impacts to 0.72 acre of wetland/riparian
communities/habitats shall be mitigated at a ratio of 3:1 through
on-site preservation, enhancement, and re-establishment/creation
of 2.16 acres of wetland habitat within proposed Parcel C (i.e., the
Equestrian Center North/South/ECNS Mitigation Site). At least 0.72
acre of this shall be met through habitat re-establishment/creation
to maintain no net loss.
b. Direct impacts to 0.12 acre of non-wetland riparian habitat shall be
mitigated at a ratio of 2:1 through on-site preservation,
enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within the ECNS Mitigation Site. At least 0.12 acre
of this shall be met through habitat re-establishment/creation to
maintain no net loss.
Prior to issuance
of grading permit
PLN Yes – show
on Project
Mitigation
Plan
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 2 of 23
MITIGATION MEASURE Timing/ Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-2 Mitigation for U.S. Army Corps of Engineers (Corps) jurisdictional
habitats shall be as follows:
a. Direct impacts to 0.19 acre of wetland/riparian
communities/habitats shall be mitigated at a ratio of 3:1 through
the on-site preservation, enhancement, and re-
establishment/creation of 0.57 acre of wetland habitat within
proposed Parcel C (i.e., ECNS Mitigation Site). At least 0.19 acre of
this shall be met through habitat re-establishment/creation to
maintain no net loss. These impacts overlap with those for CDFW
jurisdictional habitats in BIO-1. Therefore, this mitigation is
satisfied through the implementation of BIO-1.
b. Direct impacts to 0.12 acre of non-wetland riparian habitat shall be
mitigated at a ratio of 2:1 through on-site preservation,
enhancement, and re-establishment/creation of 0.24 acre of
wetland habitat within proposed Parcel C (i.e., ECNS Mitigation
Site). At least 0.12 acre of this will be met through habitat re-
establishment/creation to maintain no net loss. These impacts
overlap with those for CDFW jurisdictional habitats in BIO-1.
Therefore, this mitigation is satisfied through the implementation
of BIO-1.
Prior to issuance
of grading permit
PLN Yes – show
on Project
Mitigation
Plan
BIO-3 Direct impacts to 2.61 acres of unoccupied coastal sage scrub, coastal
sage scrub (Baccharis), and coastal sage scrub-disturbed shall be
mitigated at a ratio of 2:1 through on-site re-establishment/creation
of 5.22 acres of coastal sage scrub within proposed Parcel C (i.e., ECNS
habitat mitigation site).
Prior to issuance
of grading permit
PLN
Yes – show
on Project
Mitigation
Plan
BIO-4 Direct impacts to 0.31 acre of non-native grassland (Habitat Group E,
0.28 acres associated with College Boulevard and 0.03 associated with
Parcel C) shall be mitigated at a ratio of 0.5:1 through payment of an
in lieu fee (i.e., 0.16 acres).
Prior to issuance
of grading permit
PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 3 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-5 Direct impacts to 26.39 acres of “Other Areas” (Habitat Group F) shall
be mitigated through the payment of an in-lieu fee. If the grading
and/or clearing/grubbing permits are not issued at the same time for
the development of College Boulevard and proposed parcel C, the
following information shall be used for the calculation of the in-lieu
fee:
College Boulevard Reach A/Basin BJ
Agricultural lands: 15.71 acres
Eucalyptus woodland: 1.50 acres
Disturbed lands: 2.86 acres
TOTAL: 20.07 ACRES
Parcel C/Habitat Mitigation Site
Agricultural lands: 0.37 acres
Eucalyptus woodland: 0.67 acres
Disturbed lands: 5.28 acres
TOTAL: 6.32 ACRES
Prior to issuance of
grading permit
PLN
n/a
BIO-6 Prior to issuance of a grading permit, and/or the clearing of any
habitat on-site, a final wetlands/riparian restoration plan shall be
approved by the City Planner (with concurrence by the USFWS,
USACE, and CDFW) to mitigate for the above impacts.
Prior to issuance of
grading permit
PLN
n/a
BIO-7 Impacts to USACE (Jurisdictional Wetlands and Non-Wetland Waters
of the U.S.) and CDFW (Riparian and Streambed) jurisdictional areas
shall require a Section 404 permit from the USACE, a 1602 Streambed
Alteration Agreement from the CDFW, and a 401 State Water Quality
Certification from the Regional Water Quality Control Board, which
shall be obtained prior to the issuance of a grading permit and/or the
clearing of any habitat on-site.
Prior to issuance of
grading permit
PLN /
ENG
n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 4 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-8 Prior to the issuance of a grading permit, and/or the clearing of any
habitat on-site, whichever occurs first, the Applicant shall take the
following actions to the satisfaction of the City Planner in relation to
proposed Parcel C, which is being conserved for natural habitat in
conformance with the City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that
possesses qualifications to manage the open space lot(s) for
conservation purposes;
b. Prepare a Property Analysis Record (PAR) or other method
acceptable to the City for estimating the costs of management
and monitoring of the open space lot(s) in perpetuity in
accordance with the requirements of the North County Multiple
Habitats Conservation Plan and the City’s Open Space
Management Plan;
c. Based on the results of the PAR, provide a non-wasting
endowment or other financial mechanism acceptable to the
Planning Director and conservation entity, if any, in an amount
sufficient for management and monitoring of the open space
lot(s) in perpetuity;
d. Record a Conservation Easement or Restrictive Covenant over
the open space lot(s); and
e. Prepare a Preserve Management Plan which will ensure
adequate management of the open space lot(s) in perpetuity.
Prior to issuance of
grading permit
PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 5 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-9 To avoid any impacts to potentially active raptor nests, trees shall be
removed outside of the breeding season (September 1st to January
31st) of local raptor species. If it is determined that trees must be
removed during the breeding season (February 1st to August 30th), a
raptor nest survey shall be conducted by a qualified biologist prior to
the removal of any trees to determine if raptor nests are present. If
active nests are discovered, a 500 foot minimum buffer shall be
established around the tree until the young are independent of the
nest site. No construction activity shall be allowed to occur within
the buffer area until a qualified biologist has determined that the
fledglings are independent of the nest.
On-going PLN n/a
BIO-10 Erosion Control – A Storm Water Pollution Prevention Plan shall be
developed that describes sediment and hazardous materials control,
dewatering or diversion structures, fueling and equipment
management practices, and other factors deemed necessary by the
City and applicable regulatory agencies. Erosion control measures
shall be monitored on a regularly scheduled basis, particularly during
times of heavy rainfall. Corrective measures shall be implemented in
the event erosion control strategies are inadequate.
Sediment/erosion control measures shall be continued until such
time as the mitigation efforts are successful at soil stabilization.
Prior to issuance of
the grading permit
PLN /
ENG
Yes- identify
on grading
plans
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 6 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-11 Fencing and Signs – Prior to and during implementation of the
mitigation effort, a temporary orange construction fence shall be
installed along the northern edge of proposed Parcels A and C to
restrict access and protect the sensitive upland habitat on the Dos
Colinas property to the north (HMP hardline area and future
biological conservation easement). Permanent fences shall be
constructed along the boundaries between the site and adjacent
development preventing off-road vehicle and pedestrian access.
Steel signs shall be attached to the fences to provide notice, in both
English and Spanish, that the area is an ecological preserve and that
trespassing is prohibited.
Prior to issuance of
grading permit
PLN /
ENG
Yes- identify
on grading
plans
BIO-12 Irrigation - A temporary, above ground irrigation system shall be
installed within both the wetland and upland mitigation areas. The
system shall provide head to head coverage to ensure adequate
irrigation of both the installed seed mix and container stock species.
The system shall include timers and ground moisture sensors to help
prevent over-watering. The timers shall be set to emulate a normal
rainfall year in the event that actual rainfall does not reach normal
levels. The system shall be removed at the direction of the
restoration specialist.
Prior to issuance of
grading permit
PLN /
ENG
Yes – show
on Project
Mitigation
Plan
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 7 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-13 Wetland Habitat Installation
a. Wetland seeding shall take place within the wetland mitigation
area along Agua Hedionda Creek and shall contain a native,
wetland seed mix sourced from as close to the Parcel C/ECNS
Mitigation Site as possible. The seed mix shall be derived from the
list of species in Table 8 (Wetland Seed Mix) in the College
Boulevard—Reach A and Basin BJ Project Mitigation Plan. A
hydroseed slurry shall be evenly applied in two stages such that
an even, homogenous distribution is made in each area. Hand
seeding may be conducted in focused areas and shall be
conducted in any area where hydroseed slurry does not reach.
b. Native, wetland container stock shall be planted in the mitigation
area to supplement the wetland seeding. The container stock
shall be sourced from as close to the Parcel C/ECNS Mitigation Site
as possible, and the source(s) of all container stock shall be
provided. All container stock shall be inspected and approved by
the restoration specialist prior to being installed to ensure that the
correct number, size, and species ordered were delivered, and
that the plants are healthy, showing no signs of disease, and are
in a state suitable for planting. The container stock used shall be
derived from the list provided in Table 10 (Wetland Container
Stock) in the College Boulevard—Reach A and Basin BJ Project
Mitigation Plan.
c. Container stock shall be planted in such a way as to mimic a
natural species distribution. The restoration specialist shall
specify the locations for all planting.
d. The installation contractor shall be responsible for planting all
container stock within four days following delivery. Container
stock staged on site shall be placed in a protected area and
watered regularly prior to planting.
On-going PLN Yes – show
on Project
Mitigation
Plan
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 8 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-14 Upland Habitat Installation
a. Upland seeding for coastal sage scrub shall take place on the
Parcel C/ECNS Mitigation Site adjacent to the wetland mitigation
area. The native seed mix shall be derived from the list of species
in Table 11 (Diegan Coastal Sage Scrub Seed Mix) from the College
Boulevard—Reach A and Basin BJ Project Mitigation Plan and
sourced from as close to the site as possible. The seed shall be
applied as described above for the wetland seeding.
b. Native, coastal sage scrub container stock shall be planted within
the seeded upland area. The stock shall be sourced from as close
to the Parcel C/ECNS Mitigation Site as possible, and the source(s)
of all container stock shall be provided. As with the wetland
container stock, all will be inspected and approved by the
restoration specialist prior to installation.
c. Container stock shall be planted in such a way as to mimic a
natural species distribution. The restoration specialist shall
specify the locations for all planting.
d. The installation contractor shall be responsible for planting all
container stock within four days following delivery. Container
stock staged on site shall be placed in a protected area and
watered regularly prior to planting.
On-going PLN Yes – show
on Project
Mitigation
Plan
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 9 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-15 Small Animal Shelters - As an aid to wildlife establishment within the
mitigation area, shelters for small animal species shall be created.
a. Twenty, half-inch thick plywood boards measuring 2 X 4 feet, and
hand-created, low shrub and brush piles approximately 4 to 6 feet
in diameter and 2 to 3 feet in height shall be created and placed
throughout the mitigation area.
b. To help facilitate the presence of pollinator species, a total of 10
bee blocks (Sarver 2007, Xerces 2012) shall be prepared and
scattered throughout the upland mitigation area. The bee blocks
shall be oriented east to southeast.
c. A total of 6 sand pits shall be installed within the upland mitigation
area to support ground-nesting bees. Each pit shall be
approximately 2 feet deep and 4 feet in diameter and shall be
filled with a mix of sand, native soil, and organic material.
6 weeks post-
construction
PLN /
ENG
Yes
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 10 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-16 Projects that cannot be conducted without placing equipment or
personnel in or adjacent to sensitive habitats shall be timed to ensure
that habitat is removed prior to the initiation of the breeding season
(February 15 to September 15). Specifically, clearing, grubbing, and
tree removal shall be prohibited during the breeding season for HMP
Covered Species (e.g., least Bell’s vireo, yellow-breasted chat, and
Cooper’s hawk). This prohibition would also protect the yellow
warbler, Nuttall’s woodpecker, white-tailed kite, and other MBTA and
CFGC protected species.
a. All construction activities are prohibited within 300 feet of an active
bird nest and within 500 feet of an active listed species’ bird nest
(e.g., least Bell’s vireo), which would also protect all species
protected by the MBTA and CFGC.
b. Clearing and grubbing of all wetland/riparian and upland vegetation
communities/wildlife habitats shall be conducted outside the
February 15 to September 15 breeding season. Clearing and
grubbing of other areas (e.g., agricultural lands) shall be conducted
outside the breeding season unless it is demonstrated that no avian
nesting is occurring in those other areas (or within 300 or 500 feet
of those other areas).
c. For clearing and grubbing in other areas during the breeding season,
a pre-construction survey for avian nesting shall be conducted by a
qualified biologist within seven calendar days prior to construction.
The survey shall cover 300 feet beyond the impact footprint and up
to 500 feet beyond the footprint where sensitive species may occur
(e.g., coastal California gnatcatcher off site to the east in Core #3). If
no nests are found, construction may proceed. If nests are found,
the biologist shall conspicuously mark the 300- or 500-foot buffer so
that construction does not encroach into the buffer until the nest is
no longer active (i.e., the nestlings fledge, the nest fails, or the nest
is abandoned, as determined by the qualified biologist.
On-going PLN Yes – show
on Project
Mitigation
Plan
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 11 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-17 The following construction measures shall be implemented:
a. The qualified Project biologist shall review grading plans (e.g., all
access routes and staging areas) and monitor construction
activities throughout the duration of the Project to ensure that all
practicable measures are being employed to avoid incidental
disturbance of habitat and any target species of concern outside
the Project footprint.
b. Construction monitoring reports shall be completed and provided
to the City summarizing how the Project is in compliance with
applicable conditions. The Project biologist shall be empowered
to halt work activity, if necessary, and to confer with City staff to
ensure the proper implementation of species and habitat
protection measures.
c. Any habitat destroyed that is not in the identified Project footprint
shall be disclosed immediately to the City, USFWS, and CDFW and
shall be compensated at a minimum ratio of 5:1.
d. Access to and from the Project shall be located along existing
access routes or disturbed areas to the greatest extent possible.
All access routes outside of existing roads or construction areas
shall be clearly marked.
e. Construction employees shall limit their activities, vehicles,
equipment, and construction materials to the fenced Project
footprint.
On-going PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 12 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-17
(continued)
f. Equipment storage, fueling, and staging areas shall be located on
disturbed upland sites with minimal risk of direct drainage into
riparian areas or other sensitive habitats, and at least 100 feet
from WUS. These designated areas shall be located in such a
manner as to prevent any runoff from entering sensitive habitat.
All necessary precautions shall be taken to prevent the release of
cement or other toxic substances into surface waters. All Project-
related spills of hazardous materials shall be reported to the City
and shall be cleaned up immediately and contaminated soils
removed to approved disposal areas.
g. When stream flows must be diverted, the diversions shall be
conducted using sandbags or other methods requiring minimal in-
stream impacts. Silt fencing or other sediment trapping materials
shall be installed at the downstream end of construction activity
to minimize the transport of sediments off site. Settling ponds,
where sediment is collected, shall be cleaned out in a manner that
prevents the sediment from re-entering the stream. Care shall be
exercised when removing silt fences, as feasible, to prevent debris
or sediment from returning to the stream.
h. Erodible fill material shall not be deposited into water courses.
Brush, loose soils, or other similar debris material shall not be
stockpiled within the stream channel or on its banks.
i. Construction through sensitive areas shall be scheduled to
minimize potential impacts to biological resources. Construction
adjacent to drainages should occur during periods of minimum
flow (i.e., summer through the first significant rain of fall) to avoid
excessive sedimentation and erosion and to avoid impacts to
drainage-dependent species. Construction near riparian areas or
other sensitive habitats shall also be scheduled to avoid the
breeding season (February 15 to September 15) and potential
impacts to breeding bird species.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 13 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-17
(continued)
j. If dead or injured listed species are located, initial notification must
be made within three working days, in writing, to the USFWS
Division of Law Enforcement in Torrance, California and by
telephone and in writing to the applicable jurisdiction, Carlsbad
Field Office of the USFWS, and CDFW.
k. The Project site shall be kept as clean of debris as possible. All food-
related trash items shall be enclosed in sealed containers and
regularly removed from the site. Pets of Project personnel shall not
be allowed on site.
l. The City shall have the right to access and inspect any sites of
approved projects including any restoration/enhancement area for
compliance with Project approval conditions. The USFWS and
CDFW may accompany City representatives during this inspection.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 14 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-18 Construction-related noise associated with sources including
clearing, grading, and construction vehicular traffic shall comply
with the following measures:
a. Construction activities shall be limited during the breeding season
(February 15 to September 15) to those that will not produce
significant noise impacts (i.e., noise levels greater than 60 dB Leq
[decibels, equivalent sound level]) at the edge of habitats of
concern. Habitats of concern in this case include those in Agua
Hedionda Creek and its tributary.
b. Noise levels inside the Conservation Areas shall not exceed 60 dBA
Leq during the period February 15 to September 15. For the least
Bell’s vireo, specifically, construction noise levels at the riparian
canopy edge shall be kept below 60 dBA Leq (Measured as
Equivalent Sound Level) from 5 a.m. to 11 a.m. during the peak
nesting period of March 15 to July 15. For the balance of the
day/season, the noise levels shall not exceed 60 decibels,
averaged over a one-hour period on an A-weighted decibel (dBA;
i.e., one hour Leq/dBA). Noise levels shall be monitored and
monitoring reports shall be provided to the City, USFWS, and
CDFW. Noise levels in excess of this threshold shall require written
concurrence from USFWS and CDFW and may require additional
minimization/mitigation measures.
On-going PLN n/a
BIO-19 Lighting in or adjacent to Parcel C (habitat mitigation site) shall not
be used except where essential for roadway, facility use, and safety.
If night time construction lights are necessary, all lighting adjacent to
natural habitat shall be shielded and/or directed away from habitat.
Post-construction lighting adjacent to Conservation Areas shall be
reduced (low pressure sodium lighting) and/or shielded.
Annual Monitoring PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 15 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIO-20 The use of non-native or invasive plant species in landscaping
adjacent to proposed Parcel C (i.e., proposed HMP Hardline) is
prohibited. Irrigation runoff shall be prevented from entering into
Conservation Areas from adjacent landscaping to reduce nitrogen,
pesticides, and excess moisture. Only native or compatible,
non-invasive, drought-tolerant plant species shall be used in
landscaping, and no species on the California Invasive Plant Council
(Cal-IPC) “Invasive Plant Inventory” list shall be used in landscaping
or any erosion control plan. None of the species on the HMP’s list of
invasive plant species occurring, or potentially occurring, in the City
shall be included in landscaping or erosion control. The agricultural
activity on Parcel A shall not use chemical pesticides and fertilizers.
Annual Monitoring PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 16 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-1 The following archaeological resource mitigation measures shall be
implemented:
a. Prior to issuance of a grading permit, 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/historian shall attend the pre-grading
meeting with the contractors to explain and coordinate the
requirements of the monitoring program.
c. During the original cutting of previously undisturbed deposits, the
archaeological monitor(s) shall be on-site full-time to perform
periodic inspections of the excavations. The frequency of
inspections will depend upon the rate of excavation, the materials
excavated, and the presence and abundance of artifacts and
features.
d. Isolates and clearly non-significant deposits will be minimally
documented in the field and the monitored grading can proceed.
Prior to issuance of
a grading permit
PLN /
ENG
n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 17 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-1
(continued)
e. In the event that previously unidentified cultural resources are
discovered, the archaeologist, in consultation with the lead
agency and the Native American monitor, shall have the authority
to divert or temporarily halt ground disturbance operation in the
area of discovery to allow evaluation of potentially significant
cultural resources. The archaeologist shall contact the lead
agency at the time of discovery. The archaeologist, in consultation
with the lead agency and the Native American monitor, shall
determine the significance of the discovered resources. For
significant cultural resources, a Research Design and Data
Recovery Program to mitigate impacts shall be prepared by the
consulting archaeologist, approved by the lead agency, and
carried out using professional archaeological methods. If any
human bones are discovered, the county coroner and lead agency
shall be contacted. In the event that the remains are determined
to be of Native American origin, the Most Likely Descendant, as
identified by the NAHC, shall be contacted in order to determine
proper treatment and disposition of the remains.
f. Before construction activities are allowed to resume in the
affected area, the artifacts shall be recovered and features
recorded using professional archaeological methods. The
archaeological monitor(s), in consultation with the lead agency
and the Native American monitor, shall determine the amount of
material to be recovered for an adequate artifact sample for
analysis.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 18 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-1
(continued)
g. All cultural material collected during the grading monitoring
program shall be processed and curated according to the current
professional repository standards. The collections and associated
records shall be transferred, including title, to an appropriate
curation facility to be accompanied by payment of the fees
necessary for permanent curation. If, however, the artifacts
discovered are determined to be of Native American cultural
importance, the resources shall be returned to the Tribe and/or
the Most Likely Descendent.
h. A report documenting the field and analysis results and
interpreting the artifact and research data within the research
context shall be completed and submitted to the satisfaction of
the lead agency once the grading is completed.
CULTURAL-2 The following cultural resource mitigation measures shall be
implemented:
a. The 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 prior to the commencement of any ground disturbing
activities. This agreement will contain provisions to address the
proper treatment of any cultural resources or Luiseño Native
American human remains inadvertently uncovered during the
course of the project. The agreement will outline the roles and
powers of the Luiseño Native American monitors and the
archaeologist.
b. Any and all uncovered artifacts of Luiseño 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.
Prior to issuance of
grading permit
PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 19 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-2
(continued)
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 Luiseño
Native American monitor and the archaeologist can assess the
nature and significance of the find.
d. The Luiseño Native American monitor shall be present at the
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.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 20 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-2
(continued)
f. When cultural resources are discovered during the project, if
the archaeologist collects such resources, a Luiseño 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 Luiseño 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 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 Luiseño 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 them 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.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 21 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks CULTURAL-2
(continued)
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 Luiseño Native American monitor that such fill
material does not contain cultural resources.
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 22 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks PALEO-1 The following paleontological mitigation measures shall be
implemented:
a. Prior to issuance of the grading permit, a qualified paleontologist
shall be retained to carry out an appropriate mitigation program.
A qualified paleontologist is defined as an individual with an M.S.
or Ph.D. in paleontology or geology who is familiar with
paleontology procedures and techniques;
b. The qualified paleontologist shall be present at the pre-
construction meeting to consult with grading and excavation
contractors concerning excavation schedules, paleontological field
techniques, and safety issues;
c. A paleontological monitor shall be onsite on a full-time basis during
the original cutting of previously undisturbed deposits of high
paleontological resource potential (Pleistocene Terrace Deposits
and Santiago Formation) to inspect exposures for contained fossils.
A paleontological monitor is defined as an individual who has
experience in the collection and salvage of fossil materials. The
paleontological monitor should work under the direction of a
qualified paleontologist;
d. When fossils are discovered the paleontologist (or paleontological
monitor) shall recover them. In most cases, this fossil salvage can
be completed in a short period of time. However, some fossil
specimens (such as a complete large mammal skeleton) may
require an extended salvage period. In these instances, the
paleontologist (or paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow recovery of fossil
remains in a timely manner. Because of the potential for the
recovery of small fossil remains, such as isolated mammal teeth, it
may be necessary in certain instances, to set up a screen-washing
operation on the site;
Prior to issuance of
grading permit/on-
going
PLN n/a
College Boulevard Mitigation
GPA 14-02, ZC 14-01, HMP 14-02, HDP 14-04, SUP 14-03, MS 14-10
Mitigation Monitoring and Reporting Program Page 23 of 23
MITIGATION MEASURE Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks PALEO-1
(continued)
e. Fossil remains collected during the monitoring and salvage portion
of the paleontological mitigation program shall be cleaned,
repaired, sorted, and cataloged;
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 the fossils shall be
accompanied by financial support for initial specimen storage; and
g. A final paleontological monitoring and recovery (if applicable)
summary report shall be completed that outlines the results of the
mitigation program. This report shall include discussions of the
methods used, stratigraphic section(s) exposed, fossils collected,
and significance of recovered fossils.
GEOLOGY-1 Geological mapping shall be performed by a licensed civil engineer
during site grading to alleviate the potential for significant landslides
or large slope scale instability.
During site grading
operations
ENG Yes –
Prepare
geologic
map
GEOLOGY-2 Preparation of a hydrogeology study and scour analysis shall be
performed by a licensed civil engineer prior to grading. If needed,
design of scour countermeasures should be developed and
implemented during site grading.
Prior to issuance of
grading permit
ENG n/a
HAZ MAT-1 Prior to the issuance of a demolition permit for the existing, vacant,
single-family home, an asbestos and lead-based paint survey shall be
completed. If asbestos and lead-based paint are found to be present,
the materials shall be disposed of by a licensed professional.
Prior to issuance of
demolition or
grading permit,
whichever comes
first.
ENG n/a
HAZ MAT-2 The soil proposed to be exported in the material storage area of the
hay barn shall be excavated at a depth of approximately one foot and
disposed of at an appropriate landfill.
During site grading
operations
ENG n/a
EXHIBIT “ADDM”
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR
COLLEGE BOULEVARD MITIGATION
GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
The purpose of this Addendum to the Mitigated Negative Declaration is to describe a revision to the Mitigation
Monitoring and Reporting Program associated with the College Boulevard Mitigation project; to state the
determination that this revision does not create any new significant environmental effects; to indicate that none of
the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) have occurred; and to
state that a subsequent Mitigated Negative Declaration is not required.
To address comments received from the San Luis Rey Band of Mission Indians on May 15, 2015, the revision
contained in this addendum revises Mitigation Measure CULTURAL-1 and replaces Mitigation Measure CULTURAL-2
contained in the Mitigation Monitoring and Reporting Program.
CULTURAL-1 (revised MM)
The following archaeological resource mitigation measures shall be implemented:
a. Prior to issuance of a grading permit, 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/historian shall attend the pre-grading meeting with the contractors to explain and
coordinate the requirements of the monitoring program.
c. During the original cutting of previously undisturbed deposits, the archaeological monitor(s) shall be on-site full-
time to perform periodic inspections of the excavations. The frequency of inspections will depend upon the rate of
excavation, the materials excavated, and the presence and abundance of artifacts and features.
d. Isolates and clearly non-significant deposits will be minimally documented in the field and the monitored grading
can proceed.
e. In the event that previously unidentified cultural resources are discovered, the archaeologist, in consultation with
the lead agency and the Native American monitor, shall have the authority to divert or temporarily halt ground
disturbance operation in the area of discovery to allow evaluation of potentially significant cultural resources. The
archaeologist shall contact the lead agency at the time of discovery. The archaeologist, in consultation with the
lead agency and the Native American monitor shall determine the significance of the discovered resources. For
significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared
by the consulting archaeologist, approved by the lead agency, and carried out using professional archaeological
methods. If any human bones are discovered, the county coroner and lead agency shall be contacted. In the event
that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the
NAHC, shall be contacted in order to determine proper treatment and disposition of the remains.
f. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and
features recorded using professional archaeological methods. The archaeological monitor(s), in consultation with
the lead agency and the Native American monitor, shall determine the amount of material to be recovered for an
adequate artifact sample for analysis.
g. All cultural material collected during the grading monitoring program shall be processed and curated according to
the current professional repository standards. The collections and associated records shall be transferred, including
title, to an appropriate curation facility to be accompanied by payment of the fees necessary for permanent
curation. If, however, the artifacts discovered are determined to be of Native American cultural importance, the
resources shall be returned to the Tribe and/or the Most Likely Descendent.
h. A report documenting the field and analysis results and interpreting the artifact and research data within the
research context shall be completed and submitted to the satisfaction of the lead agency once the grading is
completed.
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: College Boulevard Mitigation
PROJECT NO: GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10
PROJECT LOCATION: Two contiguous parcels (APNs 209-060-71 and APN 209-060-72) located adjacent to
Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny
Creek Road and south of the intersection of Cannon Road and College Boulevard,
within the northeast quadrant of the city of Carlsbad, county of San Diego, state of
California.
PROJECT DESCRIPTION: The proposed College Boulevard Mitigation project consists of the enhancement
and preservation of sensitive wetland and riparian habitat, as well as the creation of new wetland, riparian
and upland habitat areas adjacent to Agua Hedionda Creek. The proposed project satisfies the biological
resources mitigation measures set forth in Environmental Impact Report, EIR 98-02 (Calavera Hills Master
Plan Phase II, Bridge and Thoroughfare District No. 4 & Detention Basins, State Clearinghouse No. 99111082),
as it relates to the future construction of Detention Basin BJ and College Boulevard Reach A, which
represents the missing link between the northern and southern extents of College Boulevard, a major arterial
road.
The project site, consisting of two privately-owned parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43
net acres), is located north of the intersection of College Boulevard and Sunny Creek Road and south of the
intersection of Cannon Road and College Boulevard. Access to the site is provided by a dirt road extending
from the southern terminus of College Boulevard. The site is also located within the boundaries of the Zone
15 Local Facilities Management Plan. APN 209-060-71, the northern parcel, is 6.49 acres in size (6.02 net
acres), and APN 209-060-72, the southern parcel, is 10.95 acres in size (10.41 net acres). Both properties
have a split General Plan Land Use designation of Open Space (OS) and Residential Low-Medium (RLM)
density and a zoning designation of Limited Control (L-C).
The mitigation area comprises 8.6 acres of the total project area (5.5 acres of upland mitigation area and 3.1
acres of wetland mitigation area). Agua Hedionda Creek flows from east to west, bisecting the project site.
Existing uses consist of an equestrian barn and stables, an equestrian training and riding school and a vacant
single-family residence. With exception to a few of the stables located at the southeastern corner of the
project site, all of the structures will be demolished to implement the proposed habitat mitigation project.
Ultimately, the remaining stables will be demolished in conjunction with the development of College
Boulevard Reach A.
In addition to the creation of the natural habitat/mitigation area, a minor subdivision is proposed to
subdivide the existing two (2) legal lots into four (4) legal lots. Parcel A, 1.0 acres in size (gross/net), is
proposed as an agricultural open space lot; Parcel B, 1.12 gross acres (0.84 net acres) will exclusively be
developed with a bio-retention basin associated with the development of College Boulevard Reach A; Parcel
C, 9.23 gross acres (8.81 net acres) consists of the mitigation area, which will be permanently preserved as
natural open space; and Parcel D, 6.09 gross acres (5.78 net acres) is proposed to be reserved for future
residential development.
DETERMINATION: 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, the Initial Study
identified potentially significant effects on the environment, and the City of Carlsbad finds as follows:
Mr. Don Neu (FWS/CDFW -SDG-1 OB0209-15CPA0241) 2
The project site is located north of the intersection of College Boulevard and Sunny Creek Road,
outside the Coastal Zone, and within a Standards Area in Local Facilities Management Zone
(LFMZ) 15. Although the project site is not within a core or linkage area, as depicted on Figure 4
of the HMP, it includes a portion of Agua Hedionda Creek, an important east-west wildlife
movement corridor (City, ESA, and CNLM 2015). The project will create, enhance, and preserve
3.1 acres of wetland/riparian habitat and 5.6 acres of coastal sage scrub in and adjacent to the
creek as mitigation for the construction of College Boulevard -Reach A and associated detention
basins. The project will also subdivide two existing legal lots (Parcels A and D, totaling 17.44
acres) into four legal lots with the following uses:
• Parcel A (1.0 acre) will be used for agriculture/future garden and will remain as an HMP
Standards Area;
• Parcel B (1.12 acres) will become one of the bio-retention basins needed for the College
Boulevard-Reach A project and will be removed from the HMP Standards Area.
Construction of the bio-retention basin was addressed in our consistency findings letter
for the College Boulevard-Reach A Project (FWS/CDFW-SDG-10B0209-15CPA0166);
• Parcel C (9.23 acres) will be used for the project and converted to an HMP Hardline
Preserve Area;
• Parcel D (6.09 acres) may be used for future residential development; however, no
development is proposed at this time. The parcel will remain as an HMP Standards Area.
In order to implement the project, the following habitats will be impacted on Parcel C:
nonnative grassland (0.03 acre), agricultural lands (0.37 acre), eucalyptus woodland (0.67 acre),
disturbed (5.28 acres), and ornamental (0.51 acre). These impacts will be mitigated through
payment of the HMP in-lieu fee. All ofthe natural habitat created and enhanced on Parcel C will
be conserved and managed in perpetuity by an entity approved by the City and Wildlife
Agencies. A non-wasting endowment will also be established for its long-term management.
LFMZ 15 Standards Area Goals
The project is consistent with LFMZ 15 zone-specific standards as discussed below.
• No coastal sage scrub habitat or federally threatened coastal California gnatcatcher
(Polioptila californica californica) occurs on the project site.
• No covered species will be impacted due to project implementation.
• The project site is not located in Linkage Area Cor Core Areas 3 and 5; therefore, the
standards that apply specifically to these areas do not apply to the proposed project.
Mr. Don Neu (FWS/CDFW-SDG-10B0209-15CPA0241)
• All wetland/riparian habitats on the project site are being conserved and no fill or
development is proposed within the existing floodplain as part of the proposed project.
• HMP-listed Narrow Endemic plants do not occur on the project site.
3
• A small portion of the project site is currently used for agriculture. As a component of the
proposed project, a 100-foot wide buffer of native habitat will be created along both sides
of Agua Hedionda Creek. A portion of the bio-retention basin for the College Boulevard -
Reach A project would be located in the northeast side of the buffer as a passive use.
Essential stormwater control facilities, which include detention basins, are allowable
passive uses in the buffer (TAlC 2010). In addition, the proposed project will restore
coastal sage scrub well beyond the 100-foot riparian buffer on the northwest portion of
the project site to form a better connection with the Dos Colinas Biological Conservation
Easement.
• No housing development is proposed in conjunction with the project; therefore, no fuel
modification zones are required.
• The project includes the removal of nonnative weed species, eucalyptus woodland, and
ornamental plantings as part of the creation and enhancement of native riparian and
upland vegetation. Also, disturbed areas and areas used for agriculture will be restored to
native habitats.
• Many of the HMP Adjacency Standards apply to residential and commercial
developments that are constructed on the boundaries of the HMP Reserve. Since the
proposed project involves only the creation and enhancement of native vegetation, these
standards are not applicable. However, the proposed project will install erosion control
BMPs, as required pursuant to the HMP, to ensure that any graded areas do not cause
sedimentation of Agua Hedionda Creek, and permanent fencing and signs to prevent
trespassing into the project site.
Mitigation Ratios for Habitat Impacts
As shown in Table 2 of the City's April 7, 2015, letter, no impacts to Habitat Groups A, B, C, or
D will result from project implementation. The project will directly impact nonnative grassland,
agriculture, eucalyptus woodland, ornamental, and disturbed vegetation. These vegetation
communities are categorized as Habitat Group E and F in the HMP and are eligible to be
mitigated through the payment of an in-lieu fee. Therefore, the proposed mitigation ratios are
consistent with the requirements of the HMP.
Covered Species-Least Bell's vireo
The federally and state endangered least Bell's vireo (Vireo be/Iii pusillus, vireo) is known to
nest in riparian habitat upstream of the project site. The HMP includes species-specific measures
1
Revised-August 12, 2020
Mr. Kurt K. Wickham West Partners 5800 Armada Drive, Suite 100 Carlsbad, CA 92008
Subject: College Boulevard Wetland Mitigation Parcels-Vegetation Map Update
Dear Mr. Wickham:
This revised letter updates the results of the previous letter (September 5, 2019) which presented updated vegetation mapping of the wetland mitigation parcels for the College Boulevard Mitigation project. The two parcels (APNs 209-060-71 and APN 209-060-72) are located adjacent
to Agua Hedionda Creek, north of the intersection of College Boulevard and Sunny Creek Road
and south of the intersection of Cannon Road and College Boulevard, within the northeast quadrant of the city of Carlsbad, county of San Diego, state of California.
The purpose is to determine if there have been any changes to the mapped vegetation on the site
since approval of the project’s MND in April, 2015.
Methods
Prior to visiting the site in 2019 for the previous letter, available maps, air photos, and existing conditions material for the site were reviewed. The 2015 vegetation mapping conducted for the
College Boulevard Mitigation project also was reviewed and printed to be used as filed maps. Alden
biologist Greg Mason then conducted a site visit on September 5, 2019 to identify and map existing biological resources on site.
On August 12, 2020 a second site visit was conducted to determine if any changes had occurred on
the site since the 2019 visit and letter report. Photographs were taken at the same photo locations as
in the 2019 site visit to help confirm current conditions. The photographs from both years are attached.
During each of the site visits (2019 and 2020), the entire project site was walked and observed plant
and animal species were recorded. Plant species names followed the Jepson Manual (Baldwin 2012).
Vegetation communities were mapped according to Holland’s Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986) as updated (Oberbauer 2008).
No focused sensitive animal species were conducted; however, sensitive animal species were
searched for opportunistically during the field visit.
ATTACHMENT 7
2
Results
The site conditions and existing vegetation remain essentially unchanged from the previous mapping
in 2015 and again in 2019. The equestrian center is unused and in a dilapidated condition; however,
no sensitive biological communities have become established and areas mapped as disturbed previously remain so. The previously mapped vegetation communities are still intact and there was no appreciable change in either the type, cover, or density of native vegetation within and adjacent to the creek. As such, no changes to the biological resources mapping were made.
Vegetation communities mapped within the study area are presented in Table 1 and Figure 3.
Table 1 EXISTING VEGETATION COMMUNITIES
Vegetation Communities Parcel C Parcel D
Coastal Sage Scrub 0.05 -
Non-native Grassland 0.12 -
Riparian (Southern Willow) Scrub 0.72 -
Riparian (Sycamore) Woodland 1.17 -
Disturbed Wetland (Arundo) 0.04 - Eucalyptus Woodland 0.68 0.01 Agricultural Lands 0.37 - Disturbed Lands 5.57 6.07 Ornamental 0.51 0.01 TOTAL 9.23 6.09 The mapped vegetation communities and corresponding acreages are the same as presented previously in the MND for the College Boulevard Mitigation project. As such, no additional analyses or impact calculations are required to update the biological resource impacts.
If you have any questions or need additional information please call.
Sincerely,
Greg Mason Principal/Senior Biologist
Attachments: Figure 1 Regional Location Figure 2 Project Vicinity Figure 3 Biological Resources
Representative Photographs (2019 and 2020)
!"a$Ag
A¦
?n
A³
!"_$
%&s(!"^$
A¸
!"^$!"a$
San Diego!Project Site
?t
Figure 1
0 42
Miles
²Regional Location
COLLEGE BOULEVARDWETLAND MITIGATION PROJECT
C
o
l
l
e
g
e
B
l
v
d
El Ca
m
i
n
o
R
e
a
l
C a r l s b ad V i l l a g e Dr
Cannon R d
Co lle g e Blvd
Palomar Airport Rd
Boundary - Mitigation Area
Figure 2
0 2,0001,000
Feet
²Project Location
COLLEGE BOULEVARDWETLAND MITIGATION PROJECT
CollegeBoulevardSunny
C
r
e
e
k
Road
Parcel C
Parcel D
87654
321 FFFF FF FF
3433F
FF
3130
FFF
35
32
19
FFF17
18
16
FFFF
FFFF
F910
12 11
2627
28 29
13
FF15 F14
22FFF 2021
24
23
FF
F25
10
Figure 3
0 15075
Feet
²
COLLEGE BOULEVARDWETLAND MITIGATION PROJECT
Biological Resources
Boundary - Mitigation Area
FPhoto Locations
! ! ! ! !
! ! ! ! !
! ! ! ! !Mitigation Area (Parcel C)
Vegetation Communities
Wetland/Riparian
Riparian (Southern Willow) Scrub
Riparian (Sycamore) Woodland
Disturbed Wetland (Arundo)
Upland
Coastal Sage Scrub
Non-native Grassland
Other Areas
Agricultural Lands
Eucalyptus Woodland
Disturbed Lands
Ornamental
Sensitive Species
Cooper's Hawk (Accipiter cooperii)
Southwestern Spiny Rush(Juncus acutus ssp. leopoldii)
REPRESENTATIVE PHOTOGRAPHS 2019 and 2020
Photo Point 1. 09/05/19
Photo Point 1. 08/12/20
Photo Point 2. 09/05/19
Photo Point 2. 08/12/20
Photo Point 3. 09/05/19
Photo Point 3. 08/12/20
Photo Point 4. 09/05/19
Photo Point 4. 08/12/20
Photo Point 5. 09/05/19
Photo Point 5. 08/12/20
Photo Point 6. 09/05/19
Photo Point 6. 08/12/20
Photo Point 7. 09/05/19
Photo Point 7. 08/12/20
Photo Point 8. 09/05/19
Photo Point 8. 08/12/20
Photo Point 9. 09/05/19
Photo Point 9. 08/12/20
Photo Point 10. 09/05/19
Photo Point 10. 08/12/20
Photo Point 11. 09/05/19
Photo Point 11. 08/12/20
Photo Point 12. 09/05/19
Photo Point 12. 08/12/20
Photo Point 13. 09/05/19
Photo Point 13. 08/12/20
Photo Point 14. 09/05/19
Photo Point 14. 08/12/20
Photo Point 15. 09/05/19
Photo Point 15. 08/12/20
Photo Point 16. 09/05/19
Photo Point 16. 08/12/20
Photo Point 17. 09/05/19
Photo point 17. 08/12/20
Photo Point 18. 09/05/19
Photo Point 18. 08/12/20
Photo Point 19. 09/05/19
Photo Point 19. 08/12/20
Photo Point 20. 09/05/19
Photo Point 20. 08/12/20
Photo Point 21. 09/05/19
Photo Point 21. 08/12/20
Photo Point 22. 09/05/19
Photo Point 22. 08/12/20
Photo Point 23. 09/05/19
Photo Point 23. 08/12/20
Photo Point 24. 09/05/19
Photo Point 24. 08/12/20
Photo Point 25. 09/05/19
Photo Point 25. 08/12/20
Photo Point 26. 09/05/19
Photo Point 26. 08/12/20
Photo Point 27. 09/05/19
Photo Point 27. 08/12/20
Photo Point 28. 09/05/19
Photo Point 28. 08/12/20
Photo Point 29. 09/05/19
Photo Point 29. 08/12/20
Photo Point 30. 09/05/19
Photo Point 30. 08/12/20
Photo Point 31. 09/05/19
Photo Point 31. 08/12/20
Photo Point 32. 09/05/19
Photo Point 32. 08/12/20
Photo Point 33. 09/05/19
Photo Point 33. 08/12/20
Photo Point 34. 09/05/19
Photo Point 34. 08/12/20
Photo Point 35. 09/05/19
Photo Point 35. 08/12/20
ATTACHMENT 8