HomeMy WebLinkAbout2019-09-10; City Council; Resolution 2019-169RESOLUTION NO. 2019-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING
A TENTATIVE TRACT MAP, MAJOR REVIEW PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT AND HABITAT
MANAGEMENT PERMIT TO ALLOW FOR THE DEMOLITION OF AN EXISTING
MEDICAL OFFICE BUILDING AND SINGLE-FAMILY DWELLING; THE
SUBDIVISION OF AN APPROXIMATELY 0.75-ACRE PARCEL INTO TWO LOTS
AND 13 AIRSPACE RESIDENTIAL CONDOMINIUM UNITS; AND THE
DEVELOPMENT OF 13 DETACHED SINGLE-FAMILY CONDOMINIUMS WITH
EXCLUSIVE USE AREAS ON PROPERTY LOCATED AT 570-580 LAGUNA DRIVE
WITHIN THE RESIDENTIAL SUPPORT AREA {LAND USE DISTRICT 4) OF THE
VILLAGE REVIEW {V-R) ZONE, MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
LAGUNA DRIVE SUBDIVISION
CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 /
HDP 2018-0003 / HMP 2018-0003 {DEV2017-0237)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on July 17, 2019, hold a duly
noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program; Tentative Tract Map CT 2018-0006, Major Review Permit RP 2018-
0008, Coastal Development Permit CDP 2018-0032, Hillside Development Permit HDP 2018-0003, and
Habitat Management Permit HMP 2018-0003, as referenced in Planning Commission Resolution Nos.
7341 and 7342; and the Planning Commission adopted Resolution Nos. 7341 and 7342 recommending
to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and Tentative
Tract Map, Major Review Permit, Coastal Development Permit, Hillside Development Permit and
Habitat Management Permit.
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program; and Tentative Tract Map,
Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Permit.
Sept. 10, 2019 Item #9 Page 4 of 149
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of Tentative
Tract Map CT 2018-0006, Major Review Permit RP 2018-0008, Coastal Development Permit CDP 2018-
0032, Hillside Development Permit HDP 2018-0003, and Habitat Management Permit HMP 2018-0003,
are adopted and approved, and that, with exception to Condition No. 22.a-g of Planning Commission
Resolution No. 7342, the findings and conditions of the Planning Commission contained in Planning
Commission Resolution Nos. 7341 and 7342 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3. That Condition No. 22.a-g of Planning Commission Resolution No. 7342 is superseded
by Condition No. 4.a-h below.
4. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following
provisions:
a. General Enforcement by the city: The city shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the city has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided
to the city in advance. If the proposed amendment affects the city, the city shall
C.
have the right to disapprove. A copy of the final approved amendment shall be
transmitted to the city within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements: In the
event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article ___ ~ Section
___ the city shall have the right, but not the duty, to perform the necessary
Sept. 10, 2019 Item #9 Page 5 of 149
maintenance. If the city elects to perform such maintenance, the city shall give
written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to
be required and requesting the same be carried out by the Association within a
period of thirty (30) days from the giving of such notice. In the event that the
Association fails to carry out such maintenance ofthe Common Area Lots and/or
Association's Easements within the period specified by the city's notice, the city
shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the city: In the event the city has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, the city shall submit a written invoice to the Association for all costs
incurred by the city to perform such maintenance of the Common Area Lots and
or Association's Easements. The city shall provide a copy of such invoice to each
Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the city will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the city may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the city, the city may levy a special assessment against the Owners of each Lot
in the Project for an equal pro rata share of the invoice, plus the late charge.
Such special assessment shall constitute a charge on the land and shall be a
continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy
such special assessment, to impose a lien upon their respective Lot and to bring
Sept. 10, 2019 Item #9 Page 6 of 149
e.
all legal actions and/or to pursue lien foreclosure procedures against any Owner
and his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article ___ of this Declaration.
Landscape Maintenance Responsibilities: The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
g. Open Space Lot: The open space shall remain under the ownership and
responsibility of the HOA for the purposes of open space. Any encroachment or
development for private benefit onto said lot shall be prohibited, including but
not limited to private: fences, walls, decks, storage buildings, pools, spas,
stairways, and landscaping, etc.
h. Garages: All garages shall be maintained in a condition that allows parking for
two automobiles.
5. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
Sept. 10, 2019 Item #9 Page 7 of 149
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of September 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Hamilton.
None.
Schumacher.
~ Jvn1n LO.P 1Jlbfl~
BARBARA ENGLESON, City Clerk
(SEAL)
Sept. 10, 2019 Item #9 Page 8 of 149
PLANNING COMMISSION RESOLUTION NO. 7341
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE APPROVAL OF A TENTATIVE TRACT MAP,
MAJOR REVIEW PERMIT, COASTAL DEVELOPMENT PERMIT, HILLSIDE
DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PERMIT TO
ALLOW FOR THE DEMOLITION OF AN EXISTING MEDICAL OFFICE
BUILDING AND SINGLE-FAMILY DWELLING; THE SUBDIVISION OF AN
APPROXIMATELY 0.75-ACRE PARCEL INTO TWO LOTS AND 13 AIRSPACE
RESIDENTIAL CONDOMINIUM UNITS; AND THE DEVELOPMENT OF 13
DETACHED SINGLE-FAMILY CONDOMINIUMS WITH EXCLUSIVE USE
AREAS ON PROPERTY LOCATED AT 570-580 LAGUNA DRIVE WITHIN THE
RESIDENTIAL SUPPORT AREA {LAND USE DISTRICT 4) OF THE VILLAGE
REVIEW {V-R) ZONE, MELLO II SEGMENT OF T_HE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LAGUNA DRIVE SUBDIVISION
CASE NO.: CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 /
HDP 2018-0003 / HMP 2018-0003 (DEV2017-0237}
EXHIBIT 3
WHEREAS, Brett Farrow, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by The Virginia H. Murphy Trust, "Owner," described as
The easterly 120 feet measured along Laguna Drive of the following
described property: That portion of Lot 1, Section 1, Township 12 South,
Range 5 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Government
Survey approved June 22, 1883
{"the Property"); and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program were prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on July 17, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
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 and Mitigation Monitoring and Reporting Program.
Sept. 10, 2019 Item #9 Page 10 of 149
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad 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 and Mitigation
Monitoring and Reporting Program, 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 and
Mitigation Monitoring and Reporting Program for CT 2018-0006/RP 2018-0008/CDP
2018-0032/HDP 2018-0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
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.
Conditions:
1. Developer shall implement, or cause the implementation of, the CT 2018-0006/RP 2018-
0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION Project
Mitigation Monitoring and Reporting Program.
PC RESO NO. 7341 -2-
Sept. 10, 2019 Item #9 Page 11 of 149
\
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 17, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Lafferty, Merz, and Meenes
NOES:
ABSENT: Commissioner Anderson
ABSTAIN: Commissioner Stine
CAROLYN LUNA, Chairperson
CARLSB.AD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7341 -3-Sept. 10, 2019 Item #9 Page 12 of 149
ŽŵŵƵŶŝƚLJΘ ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚ
WůĂŶŶŝŶŐŝǀŝƐŝŽŶ
1635 Faraday Avenue ° Carlsbad, CA 92008 ° 760-602-4600 ° 760-602-8560 fax
D/d/'d E 'd/s >Zd/KE
WZK: dED ͗Laguna Drive Subdivision
WZK: d EK͗ CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003
WZK: d>Kd/KE͗ 570 - 580 Laguna Drive, Carlsbad, CA (Assessor’s Parcel Number 155-221-12)
WZK: d ^Z/Wd/KE͗ The project proposes the demolition of an existing 1,600-square-foot medical
office building and single-family dwelling, and construction of 13 new detached three-story single-family
condominiums on a parcel of land approximately 0.75 acres in size. The project also involves the
subdivision of land into two (2) lots, one (1) lot for 13 detached airspace condominium units and one (1)
lot for open space. A single driveway will provide access from Laguna Drive. A 25-foot-wide public access
easement within the open space parcel is also proposed for future public access along the lagoon. Project
grading includes 282 cubic yards of fill and 618 cubic yards of remedial (3 feet removal and recompaction
under the building areas). Project entitlements include a Tentative Tract Map (CT), Village Review Permit
(RP), Coastal Development Permit (CDP), Hillside Development Permit (HDP) and Habitat Management
Permit (HMP).
d ZD/Ed/KE͗ 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: [CLICK HERE date] , pursuant to City Council Resolution No. CLICK HERE
ATTEST:
Teri Delcamp
Principal Planner
□
□
{'city of
Carlsbad
Sept. 10, 2019 Item #9 Page 13 of 149
ŽŵŵƵŶŝƚLJΘ ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚ
WůĂŶŶŝŶŐŝǀŝƐŝŽŶ
1635 Faraday Avenue ° Carlsbad, CA 92008 ° 760-602-4600 ° 760-602-8560 fax
EKd/ K&/Ed EddKKWd
D/d/'d E 'd/s >Zd/KE
WZK: dED ͗ >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶ
WZK: dEK͗ dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ
; sϮϬϭϳͲϬϮϯϳͿ
WZK: d>Kd/KE͗ ϱϳϬͲϱϴϬ>ĂŐƵŶĂƌŝǀĞ͕ĂƌůƐďĂĚ͕;ƐƐĞƐƐŽƌ͛ƐWĂƌĐĞůEƵŵďĞƌϭϱϱͲϮϮϭͲϭϮͿ
WZK: d ^Z/Wd/KE͗The project proposes the demolition of an existing 1,600-square-foot medical
office building and single-family dwelling, and construction of 13 new detached three-story single-family
condominiums on a parcel of land approximately 0.75 acres in size. The project also involves the
subdivision of land into two (2) lots, one (1) lot for 13 detached airspace condominium units and one (1)
lot for open space. A single driveway will provide access from Laguna Drive. A 25-foot-wide public access
easement within the open space parcel is also proposed for future public access along the lagoon. Project
grading includes 282 cubic yards of fill and 618 cubic yards of remedial (3 feet removal and recompaction
under the building areas). Project entitlements include a Tentative Tract Map (CT), Village Review Permit
(RP), Coastal Development Permit (CDP), Hillside Development Permit (HDP) and Habitat Management
Permit (HMP).
WZKWK^ d ZD/Ed/KE͗ 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 DŝƚŝŐĂƚĞĚEĞŐĂƚŝǀĞĞĐůĂƌĂƚŝŽŶ will be recommended
for adoption by the City of Carlsbad City Council.
s/>/>/dz͗ 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.
KDD Ed^͗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
Jason Goff, Senior Planner at the address listed below or via email to jason.goff@carlsbadca.gov.
Comments must be received within ϯϬĚĂLJƐ of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption
by the City Council. Additional public notices will be issued when those public hearings are scheduled. If
you have any questions, please call Jason Goff, Senior Planner in the Planning Division at (760) 602-4643.
PUBLIC REVIEW PERIOD March 6, 2019 – April 5, 2019
PUBLISH DATE March 6, 2019
{'cicyof
Carlsbad
Sept. 10, 2019 Item #9 Page 14 of 149
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April 2017 -1- Initial Study
ϭ͘WZK: dED ͗Laguna Drive Subdivision
Ϯ͘WZK: dEK͗CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003
ϯ͘> ' Ez͗
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
ϰ͘WZK: dWW>/Ed͗
Brett Farrow, Architect
125 Mozart Avenue
Cardiff, CA 92007
ϱ͘> ' EzKEddW Z^KE͗Jason Goff, Senior Planner
Office Phone: 760-602-4643
Email: jason.goff@carlsbadca.gov
ϲ͘WZK: d>Kd/KE͗570 - 580 Laguna Drive, Carlsbad, CA (Assessor’s Parcel Number 155-221-12)
ϳ͘' E Z>W>E>Eh^ ^/'Ed/KE͗Village (V)
ϴ͘KE/E'͗Village Review (V-R)
ϵ͘WZK: d ^Z/Wd/KE͗ The project proposes the demolition of an existing 1,600-square-foot
medical office building and single-family dwelling, and construction of 13 new detached three-story
single-family condominiums on a parcel of land approximately 0.75 acres in size. The project also
involves the subdivision of land into two (2) lots, one (1) lot for 13 detached airspace condominium
units and one (1) lot for open space. A single driveway will provide access from Laguna Drive. A 25-
foot-wide public access easement within the open space parcel is also proposed for future public
access along the lagoon. Project grading includes 282 cubic yards of fill and 618 cubic yards of
remedial (3 feet removal and recompaction under the building areas). Project entitlements include a
Tentative Tract Map (CT), Village Review Permit (RP), Coastal Development Permit (CDP), Hillside
Development Permit (HDP) and Habitat Management Permit (HMP).
ϭϬ͘ Es/ZKED Ed> ^ dd/E'ͬ^hZZKhE/E' >E h^ ^͗ The subject property occupies
approximately 0.75 acres and is located along the north side of Laguna Drive approximately 0.5 miles
west of Interstate 5 and approximately 0.4 miles east of the Pacific Ocean. The property is a
polygonal-shaped parcel of land that descends gently to the northwest and is bounded by an inland
bluff that descends to the Buena Vista Lagoon. The elevation of the parcel ranges from approximately
5.0 to 45 feet above mean sea level (AMSL).
The property is located within and is subject to the City of Carlsbad’s Village Master Plan and Design
Manual. Zoning for the site is identified as Village Review (V-R). The General Plan Land Use
designation is Village (V). No change is proposed to either Zoning or the General Plan.
The property is located within the Mello II Segment of the Local Coastal Program (LCP) of the California
Coastal Zone and is also within the California Coastal Commission’s Appeals Jurisdiction. The LCP
Zoning and Land Use designation for the property are consistent with the City’s Zoning and General
Plan. No change is proposed to either the LCP Zoning or Land Use.
C cityof
Carlsbad
Sept. 10, 2019 Item #9 Page 15 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
The 0.75-acre parcel consists primarily of developed and disturbed land. The subject site includes an
existing one-story single-family dwelling, existing one-story medical office building, and two asphalt
parking areas. A small patch (0.01 acres) of Coastal and Valley Freshwater Marsh lies along the
north/northwest edge of the parcel adjacent to the lagoon. The area chosen for development has
been sited on the least environmentally sensitive portion of the parcel. The site is located within Local
Facilities Management Plan (LFMP) Zone 1 in the Northwest Quadrant of the City of Carlsbad.
Surrounding properties include the Buena Vista Lagoon to the north, multiple-family residential
development to the south, one-story office development to the west, and one-story single-family
residential dwellings and office development to the east.
Topographically the site is relatively flat, ranging from an elevation of 40 to 43 feet (AMSL) traversing
north to south along the property. The northern portion of the property is bounded by an inland bluff
that descends to the Buena Vista Lagoon at a gradient approaching 1¼:1 (horizontal to vertical) for
approximately 40 vertical feet.
11. OTHER REQUIRED AGENCY APPROVALS: None.
12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None.
13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Less Than Significant with
Mitigation Incorporated" as indicated by the checklist on the following pages.
□ Aesthetics lg] Hazards/Hazardous Materials □ Public Services
□ Agriculture & Forestry Resources □ Hydrology/Water Quality □ Recreation
□ Air Quality □ Land Use & Planning □ Transportation/Traffic
lg] Biological Resources □ Mineral Resources lg] Tribal Cultural Resources
lg] Cultural/Paleontological lg] Noise □ Utilities/Service Systems
Resources
□ Geology/Soils □ Population & Housing lg] Mandatory Findings of Significance
□ Greenhouse Gas Emissions
14. PREPARATION: The Initial Study for the subject project was prepared by:
Date
February 2018 -2--Initial Study Sept. 10, 2019 Item #9 Page 16 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
15. DETERMINATION: (to be completed by Lead Agency)
On the basis of this initial evaluation:
D I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
IZI I find that 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
herein have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
D I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
D I find that the proposed project MAY have a "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 herein. A Negative Declaration
is required, but it must analyze only the effects that remain to be addressed.
D I find that 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.
16. ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the
environmental determination, indicated above, is hereby approved.
TERI DELCAMP, P~e Date
17. APPLICANT CONCURRENCE WITH MITIGATION MEASURES: This is to certify that I have reviewed
itial Study and concur with the addition of these measures to the
Print Name
February 2018 -3~ Initial Study Sept. 10, 2019 Item #9 Page 17 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003 (DEV#2017-0237)
April 2017 -4- Initial Study
s>hd/KEK& Es/ZKED Ed>/DWd^͗
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.
Sept. 10, 2019 Item #9 Page 18 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -5- Initial Study
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.
9.Tribal consultation, if requested as provided in Public Resources Code Section 21080.3.1, must begin
prior to release of a negative declaration, mitigated negative declaration, or environmental impact
report for a project. Information provided through tribal consultation may inform the lead agency’s
assessment as to whether tribal cultural resources are present, and the significance of any potential
impacts to such resources. Prior to beginning consultation, lead agencies may request information
from the Native American Heritage Commission regarding its Sacred Lands File, per Public Resources
Code sections 5097.9 and 5097.94, as well as the California Historical Resources Information System
administered by the California Office of Historic Preservation.
Sept. 10, 2019 Item #9 Page 19 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -6- Initial Study
/͘ ^d, d/^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܈ ܆
Ă͕ ĐͿ >ĞƐƐ dŚĂŶ ^ŝŐŶŝĨŝĐĂŶƚ /ŵƉĂĐƚ͘ The project proposes to construct 13 three-story single-family
condominiums in place of an existing one-story single-family dwelling and one-story medical office
building. While situated above the Buena Vista Lagoon, views of the lagoon and Pacific Ocean beyond are
only visible from the northerly portions of the site itself. Because of the orientation of the lot, no views
of the lagoon or Pacific Ocean are available from the Laguna Drive public street frontage. The project is
not considered to have a substantially adverse effect on a scenic vista given that the area is not identified
in either the Local Coastal Program or the City of Carlsbad General Plan as such. Furthermore, the
property has a General Plan Land Use designation of Village (V) and is zoned Village Review (V-R), which
would allow development at a density of 28 to 35 dwelling units per acre with a maximum building height
of 45 feet. The project is proposing 13 three-story detached single-family condominiums with building
heights extending up to 45 feet. With exception to an enclave of single-family homes along Buena Vista
Circle, surrounding land uses are generally consistent with the proposed development both in scale and
in use. Where existing one-story residential development is located adjacent to the project along the
eastern property line, the project site plan has been designed such that buildings have been set back from
the common property line and are oriented such that the building footprints are on angle to provide
greater setback articulations and visual relief. The building massing for this grouping of proposed homes
at the third-floor level steps back with building height and away from the existing single-family homes.
Development of the site as proposed will not adversely affect scenic vistas or substantially degrade the
existing visual character or quality of the site and its surroundings and will have a less than significant
impact.
ďͿEŽ/ŵƉĂĐƚ͘ The area of proposed impact is not located within the view shed of a State scenic highway
or any State highway that is designated by Caltrans as eligible for listing as a scenic highway. No impact
is assessed.
ĚͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘ The subject site produces lighting at the present time which is consistent
with the surrounding environment. While the proposed project will change the general appearance of
the subject site to a more intense residential use, light and glare from the proposed project is not
anticipated to be significantly greater than that produced from the other uses within the surrounding
area. The proposed development will not be dissimilar from the existing office and residential uses along
Laguna Drive. As such, this project will not result in significant new sources of light and glare, and will
have a less than significant impact on day or nighttime views in the area.
Sept. 10, 2019 Item #9 Page 20 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -7- Initial Study
//͘'Z/h>dhZ>E&KZ ^dZ ^KhZ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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)Conflict with existing zoning for, or cause rezoning of, forest land
(as defined in Public Resources Code section 12220(g)), or
timberland (as defined by Public Resources Code section 4526), or
timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
܆ ܆ ܆ ܈
d)Result in the loss of forest land or conversion of forest land to
non-forest use? ܆ ܆ ܆ ܈
e)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?
܆ ܆ ܆ ܈
Ă͕ďĂŶĚĞͿEŽ/ŵƉĂĐƚ͘ Pursuant to the San Diego County Important Farmland Map (2014), the property
is described as Urban and Built-Up Land. The property does not contain prime farmland, unique farmland
or farmland of statewide importance. The site is currently developed with a medical office building and
single-family home. The proposed project is consistent with the Village (V) General Plan Land Use
designation, which anticipates and allows for residential uses. The subject site is zoned for single-family
residential land uses and is not encumbered by any Williamson Act contracts. The project would not result
in other changes to the environment that would result in the conversion of farmland to non-agricultural
uses. Given the general topography of the site, its proximity to the lagoon edge, surrounding residential
and office development, and lack of existing or historical agricultural infrastructure, it is unlikely that
agricultural operations would be viable at this location. Development of the site as proposed would not
adversely affect agricultural or forest resources. No impact is assessed.
ĐͿEŽ/ŵƉĂĐƚ͘ The project site does not contain any forest land (as defined in Public Resources Code
section 12220(g)), or timberland (as defined by Public Resources Code section 4526). Therefore, the
proposed project will not conflict with existing zoning for, or cause rezoning of, forest land, timberland,
or timberland zoned Timberland Production. No impact is assessed.
ĚͿEŽ/ŵƉĂĐƚ͘ The project site does not contain any forest land (as defined in Public Resources Code
section 12220(g)). Therefore, the project will not result in the loss of forest land or conversion of forest
land to non-forest use. No impact is assessed.
Sept. 10, 2019 Item #9 Page 21 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -8- Initial Study
///͘/ZYh>/dz
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐdŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܈ ܆
>ŽĐĂůŝƌYƵĂůŝƚLJ͗An area is designated in attainment when it is in compliance with the National Ambient
Air Quality Standards (NAAQS) (federal) and/or California Ambient Air Quality Standards (CAAQS) (state).
These standards are set by the Environmental Protection Agency or the California Air Resources Board for
the maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects
on human health or the public welfare. The criteria pollutants of primary concern that are considered in
an air quality assessment include ozone (O3), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide
(SO2), particulate matter (PM10, and PM2.5), lead and toxic air contaminants. Volatile organic compounds
(VOCs) and oxides of nitrogen (NOx), are precursors to the formation of ground-level O3.
The following table shows the San Diego Air Basin (SDAB) designations for criteria pollutants:
ƌŝƚĞƌŝĂWŽůůƵƚĂŶƚ &ĞĚĞƌĂůĞƐŝŐŶĂƚŝŽŶ;EY^Ϳ ^ƚĂƚĞĞƐŝŐŶĂƚŝŽŶ;Y^Ϳ
Ozone (8-Hour) Nonattainment Nonattainment
Ozone (1-Hour) Attainment Nonattainment
Carbon Monoxide Attainment Attainment
PM10 Unclassifiable Nonattainment
PM2.5 Attainment Nonattainment
Nitrogen Dioxide Attainment Attainment
Sulfur Dioxide Attainment Attainment
Lead Attainment Attainment
Sulfates No Federal Standard Attainment
Hydrogen Sulfide No Federal Standard Unclassified
Visibility No Federal Standard Unclassified
As of December 2016, the SDAB is designated in attainment for all criteria pollutants under the NAAQS
with the exception of O3 (8-Hour) and PM10, which is listed as unclassifiable. The SDAB is currently
Sept. 10, 2019 Item #9 Page 22 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -9- Initial Study
designated nonattainment for O3 and particulate matter, PM10 and PM2.5, under the CAAQS. It is
designated as attainment under CAAQS for CO, NO2, SO2, lead and sulfates.
ĂͿ >ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘ The project site is located in the SDAB. The periodic violations of
(NAAQS) in the SDAB, particularly for O3 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 by the
San Diego County Air Pollution Control District (APCD) with regional growth projections provided by 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 adopted by the
San Diego County Air Pollution Control Board in 1992, is updated on a triennial basis with the most recent
revision prepared in December 2016.
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 plan 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. The project is within the scope of development that was anticipated
in Carlsbad’s General Plan used to develop the RAQS and SIP. Operation of the project will result in
emissions that were considered as a part of the RAQS growth projections. As such, the proposed project
is not anticipated to conflict with either the RAQS or the SIP. Additionally, the operational emissions from
the project are below the screening levels, and subsequently will not violate ambient air quality standards.
ďͿ >ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘ The APCD operates a network of ambient air monitoring stations
throughout San Diego County. Due to its proximity to Carlsbad with similar geographic and climatic
characteristics, the Del Mar – Mira Costa College monitoring station concentrations of 8-hour and 1-hour
O3 are considered most representative of O3 in Carlsbad. The Escondido-East Valley Parkway monitoring
station is the nearest location where PM10, PM2.5, NO2, and CO concentrations are monitored. The El Cajon
– Redwood Avenue monitoring station is the nearest location where SO2 concentrations are monitored.
Data available for these monitoring sites from 2011 through 2015 indicate that the most recent air quality
violations recorded were as follows:
Frequency of Air Quality Standard Violations, Number of Days Exceeding Standard
Monitoring Site Year State O3
(1-Hour)
State O3
(8-Hour)
Federal O3
(8-Hour) State PM10* Federal PM2.5*
Del Mar – Mira Costa College 2011 0 1 0 - -
2012 0 2 2 - -
2013 0 0 0 - -
2014 1 5 2 - -
2015 1 2 1 - -
Sept. 10, 2019 Item #9 Page 23 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -10- Initial Study
Frequency of Air Quality Standard Violations, Number of Days Exceeding Standard (continued)
Monitoring Site Year State O3
(1-Hour)
State O3
(8-Hour)
Federal O3
(8-Hour) State PM10* Federal PM2.5*
Escondido – East
Valley Parkway
2011 - - - 0(0) 0(0)
2012 - - - 0(0) 3.1(1)
2013 - - - 6.0(1) 1.1(1)
2014 - - - 0(0) 1.0(1)
2015 - - - 0(0) 0(0)
* Measurements of these pollutants are usually collected every 6 days and daily, respectively. The number of days exceeding
standards is a mathematical estimate of the number of days concentrations would have been greater than the level of the
standard had each day been monitored. The numbers in parentheses are the measured number of samples that exceeded
the standard.
Air quality within the region was in compliance with both CAAQS and NAAQS for NO2, CO, and SO2 during
this monitoring period.
Grading and Construction. The project involves the development of 13 single-family homes, which include
emissions associated with grading and construction. Emissions would be minimized through standard
construction measures, storm water pollution prevention plan requirements, Best Management Practices
(BMPs), and when applicable, the California Green Building Standards Code that would reduce fugitive
dust debris, emissions and other criteria pollutant emissions during grading and construction. Therefore,
emissions from the construction phase would be minimal, temporary and localized, resulting in pollutant
emissions that are not anticipated to significantly contribute to an existing or projected air quality
violation.
Operations. Vehicle trip emissions associated with travel to and from the proposed single-family homes
will result in a net decrease of 12 Average Daily Trips (ADTs). Vehicle trip emissions associated with the
project are minimal and not anticipated to significantly contribute to an existing or projected air quality
violation.
ĐͿ >ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘ Air quality emissions associated with the project include emissions from
grading and construction. However, grading and construction operations associated with the project
would minimize emissions through standard construction measures, storm water pollution prevention
plan measures and best management practices, and Green Building Code as noted in b). Other proposed
or future projects within the surrounding area were evaluated and none of the projects emit significant
amounts of pollutants or exceed AQMD or APCD standards. Operational emissions associated with the
project are anticipated to be consistent with the RAQS and SIP and do not exceed APCD standards.
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. 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.
ĚͿ EŽ/ŵƉĂĐƚ͘ Sensitive receptors include schools, hospitals, playgrounds, child care centers, athletic
facilities, long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes
Sept. 10, 2019 Item #9 Page 24 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -11- Initial Study
or other facilities that house individuals with health conditions that would be adversely impacted by
changes in air quality. As noted above, the proposed project would not result in substantial pollutant
emissions or concentrations. In addition, there are no sensitive receptors located in the vicinity of the
project. The project itself is not proposed in the vicinity of an existing pollution source that would expose
sensitive receptors within the project to pollutants. No impact is assessed.
ĞͿ >ĞƐƐ ƚŚĂŶ ^ŝŐŶŝĨŝĐĂŶƚ /ŵƉĂĐƚ͘ The proposed project could generate objectionable odors from
construction, vehicles and/or equipment exhaust from volatile organic compounds, ammonia, carbon
dioxide, hydrogen sulfide, methane, alcohols, disulfides, dusts or other pollutants during the construction
or operation of the project. Such exposure would be in trace amounts, localized in the immediate area,
temporary and would generally occur at magnitudes that would not affect substantial numbers of people.
Therefore, impacts associated with odors during construction or operation would be considered less than
significant.
/s͘/K>K'/>Z ^KhZ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܈ ܆ ܆
Ă͕ď͕ĐĂŶĚĨͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘The project site is located along the
southern shore of the Buena Vista Lagoon. The surrounding environment on all sides of the subject parcel
except for the lagoon side is developed with existing single-family, multi-family and small office
development. The City of Carlsbad’s Habitat Management Plan (HMP) identifies the Buena Vista Lagoon
Sept. 10, 2019 Item #9 Page 25 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -12- Initial Study
as an Existing Hardline Preserve Area. The HMP identifies the subject property as Development Area. The
HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with
biological core areas, including a no-net-loss of wetland habitat, and preservation of coastal sage scrub
(CSS) and maritime succulent scrub adjacent to lagoons. The HMP requires additional conservation
standards to be applied to properties within the Coastal Zone. The HMP requires a 100-foot buffer from
wetlands, and a 20-foot buffer from sensitive native upland habitats (i.e., CSS) between preserved habitats
and development.
For this project, a Biology Letter Report was prepared by Dudek dated January 15, 2019. According to
Dudek’s report, the site contains three vegetative communities: Coastal and Valley Freshwater Marsh
(FM), Urban/Developed (DEV) and Disturbed Lands (DL). The HMP does not require mitigation for impacts
to DEV. No CSS exists on-site, and no other upland habitat exists on-site that would necessitate a 20-foot
buffer. However, the proposed project does result in direct impacts to 0.09 acres of DL (Group F habitat)
as illustrated in the table below. No impacts will occur to FM (Group A habitat), which is located along
and near the lagoon edge, or to the required 100-foot wetland buffer. Table 11 (Pg. D-113) of the HMP
identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP allows
impacts to DL (Group F habitat) to be mitigated through the payment of an in-lieu mitigation fee.
The following table summarizes impacts to vegetation types and identifies proposed mitigation as
presented in the biological letter report:
WƌŽƉŽƐĞĚDŝƚŝŐĂƚŝŽŶĨŽƌŝƌĞĐƚWĞƌŵĂŶĞŶƚ/ŵƉĂĐƚƐƚŽsĞŐĞƚĂƚŝŽŶŽŵŵƵŶŝƚLJͬ>ĂŶĚŽǀĞƌ
,ĂďŝƚĂƚ'ƌŽƵƉͬdLJƉĞĐƌĞƐŽŶ
^ŝƚĞ
dŽƚĂů
/ŵƉĂĐƚƐ
DŝƚŝŐĂƚŝŽŶ
ZĂƚŝŽ
DŝƚŝŐĂƚŝŽŶ
ZĞƋƵŝƌĞŵĞŶƚ
Group A – Freshwater Marsh 0.01 -- No Net Loss No Impact
Group F – Disturbed Lands 0.34 0.09 In-lieu Fee In-lieu Fee
Developed 0.40 0.31 -- --
dŽƚĂů͗ Ϭ͘ϳϱ Ϭ͘ϰϬ
ŝƌĞĐƚ/ŵƉĂĐƚƐ
sĞŐĞƚĂƚŝŽŶŽŵŵƵŶŝƚŝĞƐ
Implementation of the proposed project will not result in any direct impacts to special-status vegetation
communities as discussed in the above table. Urban/Developed (DEV) and Disturbed Lands (DL) provide
little, if any, wildlife habitat value and the permanent loss of 0.09 acres of DL (Group F habitat) and 0.31
acres of DEV is not a significant impact. Impacts to the 0.09 acres of DL (Group F habitat) requires payment
of an in-lieu mitigation fee. The fee is in lieu of providing on-site or off-site mitigation land and is adjusted
as necessary to acquire suitable habitat on a per acre basis comparable to the land being developed. The
fee is used to fund the acquisition of habitat land in the Multiple Habitat Conservation Program (MHCP)
as required by the HMP and implementing agreement. Mitigation Measure BIO-1 has been included to
address payment of the required in-lieu fee.
Additionally, the proposed project has been designed to concentrate development in areas that were
previously developed or that were previously graded and are mapped as disturbed habitat. Areas within
the riparian habitat of the Buena Vista Lagoon as well as the wetland buffer will not be impacted except
for uses allowed within the buffer (i.e., future public trail [not-a-part] within the proposed 25-foot wide
Sept. 10, 2019 Item #9 Page 26 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -13- Initial Study
lateral public access easement) and the proposed Fuel Management Zone (FMZ) B-3. The areas mapped
on the project site as previously disturbed or developed land that are not part of the construction impact
footprint will be revegetated with native habitat in accordance with the City HMP Coastal Policy 7-11. The
areas proposed to be restored within the 100-foot wetland buffer area are mapped as urban developed
land or disturbed habitat dominated by non-native invasive species. These areas are in direct proximity
to existing native habitat and are highly suitable for restoration to native habitat. Mitigation Measure
BIO-2 has been included to address the restoration of these areas.
The function of the wetland buffer as protection for the existing native habitat will be implemented by
the proposed installation of fencing during construction in order to protect the open space habitat areas
and preclude human access. Mitigation Measure BIO-4 has been included to reduce any potential impacts
to less than significant.
^ƉĞĐŝĂůͲ^ƚĂƚƵƐWůĂŶƚƐ
Special-status plant species were not detected during surveys. It was noted in the report that species with
moderate potential to occur would have been observed during visits to the site. Additionally, impacts are
not anticipated to occur in the habitat where the potentially present riparian species would occur.
Therefore, no impacts to on-site special-status plants are anticipated.
^ƉĞĐŝĂůͲ^ƚĂƚƵƐtŝůĚůŝĨĞ^ƉĞĐŝĞƐ
Special-status wildlife species were not detected during surveys. The only special-status wildlife species
determined to have a moderate to high potential to occur on the project site was the two-striped garter
snake (dŚĂŵŶŽƉŚŝƐŚĂŵŵŽŶĚŝŝ). The following HMP covered species are not expected to occur on-site:
California gnatcatcher, Cooper’shawk, least Bell’s vireo, Southern California rufous-crowned sparrow, and
yellow-breasted chat. Sincethe proposed impacts to the site are limited to previously disturbed or
developed land covers andthere would be no impacts within the 100-foot wetland buffer, no impacts to
on-site special status speciesare anticipated.
/ŶĚŝƌĞĐƚ/ŵƉĂĐƚƐ
The project site is bordered by development to the east and west, Laguna Drive to the south, and an HMP
hardline preserve (Buena Vista Lagoon) to the north and northwest. The project design incorporates the
required 100-foot wetland buffer. The proposed project also includes an open space easement over the
100-foot wetland buffer as well as a 25-foot wide lateral public access easement within the buffer. Edge
effects could potentially occur along the development-preservation interface to the north; however, the
100-foot wetland buffer and preserve area beyond will be protected by project fencing. All landscaping
adjacent to the preserve is proposed to be native. There will be no lighting within the open space lot or
within the existing preserve (Buena Vista Lagoon).
Indirect impacts are addressed in the HMP by compliance with the Adjacency Standards or by avoidance
of impacts to nesting birds. The HMP adjacency standards only apply to areas directly adjacent to the
preserve which include the northern and northwestern boundaries.
Sept. 10, 2019 Item #9 Page 27 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -14- Initial Study
sĞŐĞƚĂƚŝŽŶŽŵŵƵŶŝƚŝĞƐ
Indirect impacts to vegetation communities would primarily result from adverse “edge effects.” During
construction of the proposed project, edge effects may include dust, which could disrupt plant vitality in
the short term, and/or construction-related soil erosion and runoff. However, typical construction
practices, including dust control, erosion control, and water quality protection measures, will be
implemented to reduce these effects (see Mitigation Measure BIO-4).
Potential long-term indirect impacts on vegetation could include trampling by humans traveling off trail,
invasion by exotic plants and animals, exposure to urban pollutants (fertilizers, pesticides, herbicides, and
other hazardous materials), increase or decrease in natural fire regime, soil erosion, and hydrologic
changes (e.g., surface and groundwater level and quality). Although the project is designed to minimize
preserve edge effects, long-term indirect impacts could occur. Long-term indirect impacts are anticipated
to be reduced on vegetation communities because the wetland habitat and the area within the 100-foot
wetland buffer including the revegetated native habitat, will all be in a separate lot protected under an
open space easement. For the existing HMP preserve off site to the north, indirect impacts are proposed
to be prevented by adherence to the Adjacency Standards (see mitigation measure BIO-5) and the fencing
that is proposed. Finally, vegetation within the open space wetland buffer area will be protected by the
planting of native plant species, in accordance with the HMP Coastal Zone Standards Section 7-11 (see
Mitigation Measure BIO-2). Implementation of these measures are expected to reduce indirect impacts
on vegetation communities to less than significant.
^ƉĞĐŝĂůͲ^ƚĂƚƵƐWůĂŶƚƐ
Most of the indirect impacts to vegetation communities discussed previously can also affect special status
plants. As noted previously, no special-status plants were detected on site and none are anticipated;
however, if there are plants that occur off site within adjacent areas, Mitigation Measure BIO-4 and BIO-
5 will provide protection. Additionally, during construction of the proposed project, indirect effects may
include dust which could disrupt plant vitality in the short term and/or construction-related soil erosion
and drainage runoff. However, typical construction practices, including dust and erosion control and
water quality BMPs, will be implemented and will reduce these effects. Implementation of Mitigation
Measure BIO-4 and adherence to the adjacency standards discussed in Mitigation Measure BIO-5 are
expected to reduce indirect impacts on any special-status plants to less than significant.
^ƉĞĐŝĂůͲ^ƚĂƚƵƐtŝůĚůŝĨĞ
Most of the indirect impacts to vegetation communities discussed previously can also affect special-status
wildlife in adjacent undeveloped areas. In addition, wildlife may be indirectly affected in the short term
and long term by noise, which can disrupt normal activities. Adverse indirect impacts to vegetation
communities, such as trampling of vegetation, can also cause degradation of habitat quality.
Implementation of appropriate mitigation measures (see Mitigation Measure BIO-4) and adherence to
adjacency standards (see Mitigation Measure BIO-5) is expected to reduce indirect impacts to any special-
status wildlife to less than significant. Indirect impacts also include potential disruption of breeding birds,
including potentially occurring special-status species and other wildlife species that may use the riparian
habitat for nesting. Indirect impacts from construction-related noise may occur to special-status wildlife
if construction occurs during the breeding season (February 15 through August 31 for most species, and
January 1 through August 31 for raptors). However, implementation of Mitigation Measure BIO-3 will
protect against indirect impacts to nesting birds and reduce any potential impacts to less than significant.
Sept. 10, 2019 Item #9 Page 28 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -15- Initial Study
ĚͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘Construction of the proposed project is not expected to impede local
wildlife movement or migratory fish or wildlife movement because the subject site is not identified by the
HMP as a connectivity link or Core Area to be preserved. Although the subject parcel is adjacent to the
Buena Vista Lagoon (Core 1) wildlife corridor, the site itself is not identified by the HMP as an existing or
proposed Hardline Preserve Area or Standards Area. The northerly portion of the property that is adjacent
to the lagoon area is designed to include a 100-foot wetland buffer and is further protected by a proposed
open space lot and easement, thus reducing any potential impacts to a less than significant level.
ĞͿEŽ/ŵƉĂĐƚ͘The City of Carlsbad has no adopted tree preservation policy or ordinance which would
affect the subject project. The subject project will not impact other biological resources protected by
policy or ordinance except as otherwise described above. No impact is assessed.
s͘h>dhZ>ͬW> KEdK>K'/>Z ^KhZ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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
dedicated cemeteries? ܆ ܈ ܆ ܆
Ă͕ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘ A Cultural Resources Constraints Analysis was
prepared for the proposed project (Dudek, September 2018) in accordance with CEQA Section 15064.5 to
determine the presence or absence of potentially significant prehistoric and historic resources within the
project’s Area of Potential Effects (APE). The analysis consisted of a review of all relevant site records and
reports on file with the South Coastal Information Center (SCIC) with a one-mile search radius; initiation
of correspondence with the Native American Heritage Commission (NAHC) and local Native American
tribe representatives; and an intensive pedestrian survey of the project area by a Dudek archaeologist and
a Native American monitor from Saving Sacred Sites, Inc. In addition to the SCIC records search, Dudek
conducted an on-line review of historic topographic maps and aerial images.
The records search conducted for the proposed project determined that no previously recorded cultural
resources are located within the project site; however, 16 previously recorded cultural resources are
located within a one-mile vicinity. Additionally, the records search indicates that while 17 historic
addresses have been previously identified within a one-mile search radius, none of these addresses are
located within the project APE. The pedestrian survey revealed fragments of shell, bone and bottle glass
identified on the surface in the APE; however, there was no evidence of possible intact historic or
prehistoric cultural features or intact subsurface deposits. According to Dudek, review of the historic
aerial imagery demonstrates clear evidence that the only cultural development of this property to date
was the construction and operation of the currently standing residence and commercial building first
documented by aerial imagery in 1980. Review of the historic topographic maps and aerial images also
Sept. 10, 2019 Item #9 Page 29 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -16- Initial Study
demonstrates that, outside of the early historic disturbance from local disking and plowing, there has
been no other cultural development of the project APE in the past.
Dudek’s cultural constraints analysis of the project area suggests that there is low potential for the
inadvertent discovery of significant cultural resources during ground-breaking activities. Trace amounts
of cultural material have been identified during the intensive pedestrian survey within the project APE.
SCIC records indicate that no archaeological resources have been previously recorded within the project
APE; however, the search also indicates that the APE has never been directly studied before. The NAHC
Sacred Lands File search did not indicate that cultural resources are in the vicinity of the project. Although
the APE has been substantially disturbed by the standing residential and commercial structures on the
property, the presence of cultural materials within the APE suggests that there is some potential for the
inadvertent discovery of subsurface cultural deposits during project-related ground disturbing activities.
Based on this information, the project as currently designed will not result in impacts to cultural resources
(no historic properties affected) with implementation of appropriate mitigation.
Dudek recommends both archaeological and Native American monitors be present during initial ground-
disturbing activities associated with the proposed project in the event unanticipated discoveries are
made. In accordance with CEQA Section 15064.5(f), which requires provisions for the identification and
evaluation of accidentally discovered historic or archaeological resources, mitigation measures have been
added to the project requiring monitoring by both a qualified archaeologist and a Luiseño Native American
monitor during all ground-disturbing activities. Native American monitoring is covered in further detail
below under Section XVII. TRIBAL CULTURAL RESOURCES. Through implementation of Mitigation Measure
CUL-1, impacts to any unforeseen or accidentally discovered historical or archaeological resources are
reduced to a less than significant level.
ĐͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘A Paleontological Resources Review of the project
site was conducted by Dudek (February 2018). A records search of the site was conducted in conjunction
with this review by the San Diego Natural History Museum (SDNHM). A review of published geological
maps covering the project site and surrounding area was conducted to determine the specific geological
units underlying the project site. The project site is noted as relatively undeveloped with the majority of
the site mapped as Quaternary old paralic deposits, which are roughly correlative with the Bay Point
Formation (early to middle Pleistocene, approximately 750,000 to 11,000 years old). The Bay Point
Formation generally consists of poorly consolidated, pale brown fine- to medium-grained sandstones,
which have produced important invertebrate fossil localities along coastal San Diego. The Bay Point
Formation is known to have a high potential to yield paleontological resources. The SDNHM noted one
recorded fossil collection locality (SDNHM 4007) from the Bay Point Formation within a one-mile radius
of the project site. Through implementation of Mitigation Measure CUL-2, the potential for the project
to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature is
reduced to a less than significant level.
ĚͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘The site is not a dedicated cemetery and
there is no evidence that the project site would contain human remains located outside of a dedicated
cemetery. However, in the unlikely event that human remains are encountered, the discussions and
mitigation measures above adequately address and mitigate any potential for significant impacts. Thus,
impacts under this category will be reduced to a less than significant level.
Sept. 10, 2019 Item #9 Page 30 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -17- Initial Study
s/͘' K>K'zE^K/>^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?
܆ ܆ ܆ ܈
Ă͘ŝ͘ʹĂ͘ŝǀ͕͘ĐĂŶĚĚͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘There are no Alquist-Priolo Earthquake Fault zones
within the City of Carlsbad and there is no other evidence of active or potentially active faults within the
city. However, there are several active faults throughout Southern California, and potential earthquakes
resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Investigation of the site was
prepared by Coastal Geotechnical on April 4, 2018. The report identifies that ground surface rupture as a
result of an earthquake or seismic event is not likely to occur at the site; landslides or other forms of
existing slope instability are not indicated within the project terrain; and liquefaction and soil instability is
considered low. The report concludes, from a geologic and soils engineering point of view, that the site
is suitable for the proposed development. By following the recommendations contained within the
referenced report, the site is suitable for the proposed project, and will not expose people or structures
to geotechnical-related hazards. The project will be conditioned to be designed per the geotechnical
report’s recommendations.
ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘During finish grading, exposure of soils could lead to an increased chance
for the erosion of soils from the site. However, such grading will follow best management practices for
the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet
protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as
required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as straw
Sept. 10, 2019 Item #9 Page 31 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -18- Initial Study
matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss
of topsoil to a level that is considered to be less than significant.
ĞͿEŽ/ŵƉĂĐƚ͘The proposed project does not propose septic tanks and will utilize the public sewer system.
Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative
wastewater disposal systems. No impact is assessed.
s//͘'Z E,Kh^ '^ D/^^/KE^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?܆ ܆ ܈ ܆
Global climate change refers to changes in average climatic conditions on Earth as a whole, including
temperature, wind patterns, precipitation, and storms. Global temperatures are moderated by naturally
occurring atmospheric gases, including water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide
(N2O), ozone, and certain hydro-fluorocarbons. These gases, known as greenhouse gases (GHGs), allow
solar radiation (sunlight) into the Earth’s atmosphere, but prevent radiative heat from escaping, thus
warming the Earth’s atmosphere. GHGs are emitted by both natural processes and human activities. The
accumulation of GHGs in the atmosphere regulates the Earth’s temperature. Emissions of GHGs in excess
of natural ambient concentrations are thought to be responsible for the enhancement of the greenhouse
effect and contribute to what is termed “global warming,” the trend of warming of the Earth’s climate
from anthropogenic activities. Global climate change impacts are by nature cumulative; direct impacts
cannot be evaluated because the impacts themselves are global rather than localized impacts.
California Health and Safety Code Section 38505(g) defines GHGs to include the following compounds:
CO2, CH4, N2O, ozone, chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs),
and sulfur hexafluoride (SF6). As individual GHGs have varying heat-trapping properties and atmospheric
lifetimes, GHG emissions are converted to carbon dioxide equivalent (CO2e) units for comparison. The
CO2e is a consistent methodology for comparing GHG emissions because it normalizes various GHG
emissions to a consistent measure. The most common GHGs related to the project are those primarily
related to energy usage: CO2, CH4, and N2O.
In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that
the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions
reductions. The CAP is a plan for the reduction of GHG emissions in accordance with California
Environmental Quality Act (CEQA) Guidelines Section 15183.5. Pursuant to CEQA Guidelines Sections
15064(h)(3), 15130(d), and 15183(b), a project’s incremental contribution to a cumulative GHG emissions
effect may be determined not to be cumulatively considerable if it complies with the requirements of the
CAP.
Sept. 10, 2019 Item #9 Page 32 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -19- Initial Study
The city’s CAP contains a baseline inventory of GHG emissions for 2005, an updated baseline inventory
for 2011, a projection of emissions to 2035 (corresponding to the General Plan horizon year), a calculation
of the city’s targets based on a reduction from the 2005 baseline, and emission reductions with
implementation of the CAP.
The city emitted a total of 630,310 MTCO2e in 2005 and 705,744 MTCO2e in 2011. Accounting for future
population and economic growth, the city projects GHG emissions of 1,007,473 MTCO2e in 2035. The
CAP set a target to achieve a 15 percent reduction from the 2005 baseline by 2020 based on the
recommendation by the California Air Resources Board (ARB). The CAP also includes a reduction target
to reduce emissions below the 2005 baseline by 49 percent by 2035. Therefore, the city must implement
strategies that reduce emissions to 535,763 MTCO2e in 2020 and 321,458 MTCO2e in 2035. By meeting
the 2020 and 2035 targets, the city will meet the 2030 state goal identified in Senate Bill 32 and maintain
a trajectory to meet its proportional share of the 2050 state target identified in Executive Order S-3-05.
ĂͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͗Project GHG emissions would be less than the screening threshold of 900
metric tons of carbon dioxide equivalent (MTCO2e) gases based on the project type (single-family housing)
and size (less than 50 dwelling units) listed in CAP Table 5-2. Therefore, the project would not contribute
considerably to climate change impacts, and does not need to demonstrate consistency with the CAP.
Additionally, the project is also consistent with General Plan policies that help reduce GHG emissions,
including the following: Laguna Drive is identified as a Local/Neighborhood Street per General Plan Table
3-1; and therefore, is subject to the Multi-Modal Level of Service (MMLOS) standards for pedestrians and
bicycles. The primary purpose of the Local/Neighborhood Street is to connect people to and through
residential neighborhoods and local areas of the city, and thus should be designed to safely move all
modes of travel while enhancing mobility for pedestrians and bicyclists. Laguna Drive is presently
designed with curb, gutter and sidewalk; and on-street parking, single vehicle travel lanes in each direction
and bicycles currently share the street in front of the project site. The residential development proposes
to maintain the existing street design and environment. The proposed development will continue to
maintain the objective along Laguna Drive to create a multi-modal street network that balances the
mobility needs of pedestrians, bicyclists and vehicles in accordance with General Plan Implementing Policy
3-P.26. As a result, the project would not contribute considerably to climate change impacts, and the
project impact is therefore less than significant.
ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͗As stated above, the City of Carlsbad adopted a CAP in 2015 that outlines
actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG)
emissions reductions. The CAP demonstrates that, with implementation of applicable General Plan goals
and policies, coupled with state and federal actions, and execution of CAP measures and actions, the city
will reduce GHG emissions in alignment with state goals established by Assembly Bill 32 and Senate Bill
32, and maintain a trajectory to meet its proportional share of the 2050 state target identified in Executive
Order S-3-05. As described in the response to section VII(a) above, the proposed project’s GHG emissions
would be less than the screening threshold of 900 MTCO2e gases based on the project type (single-family
housing) and size (less than 50 dwelling units) listed in CAP Table 5-2. Furthermore, the project is
consistent with applicable General Plan goals and policies that would help reduce GHG emissions. As
such, the proposed project would not conflict with any applicable plan, policy or regulation adopted for
the purposes of reducing the emissions of greenhouse gases. The project’s impact is less than significant.
Sept. 10, 2019 Item #9 Page 33 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -20- Initial Study
s///͘,Z^E,ZKh^Dd Z/>^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?
܆ ܆ ܆ ܈
Ă͕ĐͿEŽ/ŵƉĂĐƚ͘The project is a residential use. Unlike industrial uses, residential uses are low intensity
uses, which do not routinely transport, use, or dispose of hazardous materials, nor do they handle
hazardous or acutely hazardous materials, substances, or waste such that the project would pose a
significant hazard to the public or environment. No impact is assessed.
ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘ A Phase I Environmental Site Assessment (ESA)
covering the subject property was prepared by PARTNER Engineering & Science, Inc. dated January 22,
2018. The ESA identified the age (pre-1978) of the existing single-family home and medical office building
such that asbestos-containing materials (ACMs) and lead-based paint (LBP) could potentially be present
in either structure. However, through implementation of Mitigation Measures HAZ-1 and HAZ-2, the
potential for the project to create a significant hazard to the public or environment through a reasonably
foreseeable upset and accident condition involving the release of hazardous materials into the
environment is reduced to a less than significant level.
Sept. 10, 2019 Item #9 Page 34 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -21- Initial Study
ĚͿEŽ/ŵƉĂĐƚ͘The project site is not listed on the California Department of Toxic Substances Control
(DTSC) Hazardous Waste and Substance Site (CORTESE) List. No further action is required. No impact is
assessed.
ĞͿEŽ/ŵƉĂĐƚ͘The subject site is located approximately 4.8 miles northwest of the McClellan-Palomar
Airport runway and is well outside of the Airport Influence Area (AIA) as exhibited in the McClellan-
Palomar Airport Land Use Compatibility Plan (ALUCP). Therefore, it is concluded that the site will not
cause a safety hazard for people residing or working within the project area. No impact is assessed.
ĨͿEŽ/ŵƉĂĐƚ͘No private airstrip exists within the vicinity of the subject project. No impact is assessed.
ŐͿEŽ/ŵƉĂĐƚ͘The project is located directly adjacent to Laguna Drive within an urban setting. Neither
construction nor the operation of the proposed project facilities will significantly affect, block, or interfere
with traffic on public streets, including any streets that would be used for an emergency response plan or
emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the
project site, and no improvements are proposed by the project in any area which would physically
interfere with an adopted emergency response plan or emergency evacuation plan. No impact is
assessed.
ŚͿEŽ/ŵƉĂĐƚ͘The project site is not located in an area that will expose people or structures to a significant
risk of loss, injury or death involving wildland fires. The subject site is identified as “Urban” on Figure 6-
10 - &ŝƌĞ,ĂnjĂƌĚ^ĞǀĞƌŝƚLJŽŶĞƐ of the City of Carlsbad’s General Plan. There are five (5) Fire Hazard
Severity Zones listed on Figure 6-10 with the most severe identified as “Very High Threat” and reducing in
severity to the lowest being “Urban,” which is just below “Little or No Threat”. The properties adjacent
to the subject site are also listed as “Urban” or “Little or No Threat”. As such, the project would not expose
people or structures to a significant risk of loss, injury or death involving wildland fires. Additionally,
where the project interfaces with the Buena Vista Lagoon, fire suppression zones have been appropriately
established in coordination with the City’s Fire Department and Landscape Manual. No impact is assessed.
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tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?
܆ ܆ ܈ ܆
Sept. 10, 2019 Item #9 Page 35 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -22- Initial Study
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tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚd)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? ܆ ܆ ܆ ܈
ĂͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ. The 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 this project are covered under state-wide construction permit Order No. 2009-0009-DWQ
issued by the State Water Resource Control Board Permit. As part of the permit requirements, the
applicant will prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) for the project.
Through each phase of construction, the SWPPP will identify specific erosion control and storm water
pollution prevention plan practices that will be implemented to protect downstream water quality. Post-
development activities for this project are covered under Order No. R9-2013-0001 and amendments R9-
2015-0001 and R9-2015-0100 issued by the California Regional Water Quality Control Board for the San
Diego Region. As part of these requirements, the applicant must prepare and submit a Storm Water
Quality Management Plan (SWQMP) addressing what treatment Best Management Practices (BMPs) will
be constructed to treat the post-development runoff from the project. The SWQMP will address how
pollutants from this project will be reduced, captured, filtered, and/or treated prior to discharge from the
project site. Through this process, the project will not violate any water quality standards or waste
discharge requirements and impacts are therefore considered to be less than significant.
ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ. The project does not propose to directly draw any groundwater; instead
it will be served via existing public water distribution lines within the public right-of-way adjacent to the
Sept. 10, 2019 Item #9 Page 36 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -23- Initial Study
site. Existing water lines will adequately serve the project’s water demands. Rainwater infiltration is
needed to provide adequate groundwater recharge. A Preliminary Hydrology/Hydraulics Report (dated
October 12, 2018) and a Priority Development Project (PDP) Preliminary Storm Water Quality
Management Plan (SWQMP) (dated January 7, 2019) were prepared for the project by Corey Jones
Engineering. According to these reports and project exhibits, runoff from the proposed project will be
diverted away from the Buena Vista Lagoon through a series of water quality treatment facilities (i.e.
biofiltration basins) near the front of the property along Laguna Drive before entering a 36-inch storm
drain facility in the street. In addition, the project driveway will be constructed with permeable pavers.
The implementation of these design features assists in reducing any potential impacts that the
development may have on storm water and ground water recharge. The project will not significantly
deplete groundwater supplies or quality. Therefore, impacts are considered to be less than significant.
ĐͲĨͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘ The PDP/SWQMP prepared for the project demonstrates that the
proposed drainage design does not adversely affect surrounding properties and the storm drain system
adequately drains the proposed project in a 100-year storm event. Construction of the proposed project
improvements is required by law to comply with all federal, state and local water quality regulations,
including the Clean Water Act and associated NPDES regulations and temporary impacts associated with
the construction operation will be mitigated. The total post-development runoff discharging from the site
will not significantly exceed the pre-development amounts. The project incorporates Low Impact
Development (LID) design features, which promote infiltration of storm water run-off by proposing to
minimize impervious surface areas and directing run-off to biofiltration basins to serve as a treatment
BMP and to attain water quality objectives. Therefore, the project will not violate any water quality
standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause
substantial erosion or flooding, or significantly impact the capacity of storm water drainage systems.
Standard Storm Water Permanent Best Management Practices (BMPs) will be incorporated into the
project design to address water quality for the project. BMPs will be implemented during construction
and post-construction phases, which specifically address sediments, nutrients, trash and debris, oxygen
demanding substances, oil and grease, bacteria and viruses, and pesticides. The project will not
significantly increase pollutant discharges and will not alter the water quality of the receiving surface
waters. The amount of discharge and velocity of run-off will not significantly exceed pre-development
levels. As a result of these project design features, there will be less than significant impacts to water
quality, site erosion and pollutant discharge, and no receiving water quality will be adversely affected
through implementation of the proposed project.
ŐͲŝͿEŽ/ŵƉĂĐƚ͘The northwest tip of the subject parcel located closest to the Buena Vista Lagoon is within
a 100-year flood hazard area (Zone A), which according to the Flood Insurance Rate Map, Map No.
06073C0761G, May 16, 2012, could extend up to approximately 10 feet above mean sea level (AMSL).
Review of the city’s Sea Level Rise Vulnerability Assessment, Attachment B: Year 2100 Sea Level Rise
Hazard Maps also reveals similar flood hazard zone information for the site. The development footprint
for the proposed single-family homes is located above 45 feet AMSL, which is situated 35 feet above and
well outside the limits of both the 100-year flood hazard area and the sea level rise flood hazard area for
year 2100. Therefore, with the extent of these flood hazard area at or near 10 feet AMSL, the proposed
project does not result in the placement of housing or structures within either flood hazard area.
Additionally, 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 any dam failure inundation area. No impact is assessed.
Sept. 10, 2019 Item #9 Page 37 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -24- Initial Study
ũͿEŽ/ŵƉĂĐƚ͘According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study,
Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps, September 1992, based on
historical events, and the generally accepted and favorable geologic and seismic conditions along the San
Diego County Coastline, potential for damage to the project site caused by tsunamis or seiche is
considered to be low. Additionally, the Preliminary Geotechnical Investigation, prepared on the project
by Coast Geotechnical (April 4, 2018) reported that the site is not susceptible to flooding from tsunamis.
No impact is assessed.
y͘>Eh^ EW>EE/E'
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
ĂͲĐͿEŽ/ŵƉĂĐƚ͘ The project is proposing 13 detached single-family residential condominiums consistent
with residential properties within the surrounding neighborhood. The site does not physically divide an
established community. The proposed project does not conflict with any existing or proposed land use
plans or policies of the City of Carlsbad. The project is consistent with both the City of Carlsbad General
Plan and the Local Coastal Program Land Use designations. The General Plan Land Use designation for
the site is Village (V) with a Zoning designation of Village Review (V-R). The Carlsbad Village Master Plan
and Design Manual is the implementing zoning document for this area. The project site is located within
District 4 (Residential Support Area) of the Master Plan. The land use policy of District 4 is to provide for
a gradual transition in this district to a mix of higher quality commercial and residential uses which will
provide positive support for the District 1 Village Center and reinforce the Village area north of Beech
Street as a quality residential neighborhood. District 4 allows development at a density of 28 to 35
dwelling units per acre (du/ac). The Local Coastal Program Land Use designation for the site is also Village
(V) consistent with the city’s General Plan. The project proposes 13 detached single-family residential
condominiums at 28 du/ac, and therefore is consistent with the Village (V) General Plan Land Use
designation. In addition, the project is consistent with the City of Carlsbad’s Habitat Management Plan
and does not conflict with any applicable plans or policies. No impact is assessed.
Sept. 10, 2019 Item #9 Page 38 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -25- Initial Study
y/͘D/E Z>Z ^KhZ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ Potentially Significant/ŵƉĂĐƚ Less than Significant with Mit. Incorporated Less than Significant/ŵƉĂĐƚ 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?
܆ ܆ ܆ ܈
ĂͲďͿEŽ/ŵƉĂĐƚ͘Carlsbad is devoid of any non-renewable energy resources of economic value to the
region and the residents of the State. 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. (EIR 13-02, page 3.15-1)
y//͘EK/^
tŽƵůĚƚŚĞƉƌŽũĞĐƚƌĞƐƵůƚŝŶ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
ĂͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘A Noise Technical Report was prepared for the
project by Dudek dated September 2018. The report found that implementation of the proposed project
would result in two primary types of potential noise impacts: short-term (i.e., temporary) noise during
construction, and long-term noise during operation of the residential project.
Sept. 10, 2019 Item #9 Page 39 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -26- Initial Study
^ŚŽƌƚͲdĞƌŵŽŶƐƚƌƵĐƚŝŽŶEŽŝƐĞ
Construction activities for the proposed project would include demolition of existing structures, clearing
and grubbing, mass excavation of soils, grading and trenching of the project site, installation of utilities,
construction of buildings, paving, and application of architectural coatings. Noise impacts from
construction activities associated with the proposed project would be a function of the noise generated
by construction equipment, locations of equipment and of nearby land uses, and timing and duration of
the construction activities. The nearest sensitive receptors to the project site are single-family homes
located east of the project site. Other residential land uses are located farther north and south of the
project site.
The nearest point of major construction activities (i.e., excavation, utilities work, building construction) to
the closest noise-sensitive receivers (single-family residences located to the east) would be approximately
28 feet, and the farthest distance from construction activity to the same residences would be
approximately 158 feet. For construction noise, a concept called the “acoustic center” is useful in
describing average noise levels across an entire construction period for adjacent receivers. The acoustic
center is the idealized point from which the energy sum of all construction activity noise near and far
would originate, and it is derived by taking the square root of the product of the shortest distance
multiplied by the farthest distance. For this project, the acoustic center for construction was calculated to
be 67 feet from the closest receiver. Thus, the distance to the nearest construction activities would be
approximately 28 feet, but the distribution of construction activity across the site would typically occur
with a center approximately 67 feet or more away from the closest noise-sensitive receivers. The Federal
Highway Administration’s Roadway Construction Noise Model (RCNM) (FHWA 2008) was used to estimate
construction noise levels at these noise-sensitive land uses. Although the model was created by the
Federal Highway Administration, the RCNM is often used for non-roadway projects, because the same
types of construction equipment used for roadway projects are also used for other project types. Input
variables for the RCNM consist of the receiver/land use types, the equipment type and number of each
(e.g., two graders, a loader, a tractor), the duty cycle for each piece of equipment (e.g., percentage of
hours the equipment typically works per day), and the distance from the noise-sensitive receiver. No
topographical or structural shielding was assumed in the modeling of construction noise. According to the
report, at the nearest residences, noise levels would range from approximately 79 to 89 dBA Leq when
construction would take place at or near the project boundary. More typical construction noise levels at
the adjacent residences would range from approximately 71 to 83 dBA Leq.
The City regulates construction noise by restricting the allowable hours of construction. Construction can
occur Monday through Friday from 7 a.m. to 6 p.m. and Saturday 8 a.m. to 6 p.m.; no work can be
conducted on Sundays or on federal holidays. If work were to occur outside of the allowable hours,
annoyance or sleep disturbance could result from construction noise; also, due to the relatively limited
distance to existing adjacent residences, construction noise annoyance could result even during daytime
hours, constituting a potentially significant short-term noise impact. However, through implementation
of Mitigation Measures NOISE-1 and NOISE-2, construction-related noise levels would not exceed any
standards and would not be substantially higher than existing ambient daytime noise levels. Therefore,
temporary construction-related noise impacts would be less than significant with mitigation.
>ŽŶŐͲdĞƌŵKƉĞƌĂƚŝŽŶĂůEŽŝƐĞ
The proposed project would result in the creation of additional vehicle trips on local arterial roadways
(i.e., Laguna Drive), which could result in increased traffic noise levels at adjacent noise-sensitive land
Sept. 10, 2019 Item #9 Page 40 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -27- Initial Study
uses. Additionally, the proposed residences would be exposed to noise from traffic on Laguna Drive,
which could result in noise levels in excess of City standards. In addition to potential traffic noise impacts,
noise from on-site HVAC equipment has the potential to exceed applicable noise standards.
KĨĨͲ^ŝƚĞdƌĂĨĨŝĐEŽŝƐĞ͘The proposed project would create additional traffic along adjacent roadways, in
particular Laguna Drive. Potential noise effects from vehicular traffic were assessed in the Dudek report
using the Federal Highway Administration’s Traffic Noise Model. Information used in the model included
the roadway geometry, existing (year 2018), existing (year 2018) plus project, future (year 2035) without
project, and future (year 2035) with project traffic volumes and posted traffic speeds. Noise levels were
modeled at representative noise sensitive receivers. The receivers were modeled to be five (5) feet above
the local ground elevation. The City of Carlsbad does not have a specific noise criterion for evaluating off-
site noise impacts to residences or noise-sensitive areas from project-related traffic. Therefore, for the
purposes of the project noise analysis, such impacts were determined to be significant when they caused
an increase of 5 dB from existing noise levels or caused an exceedance of the 60 dBA CNEL noise threshold.
An increase or decrease in noise level of at least 5 dB is required before any noticeable change in
community response would be expected. According to the Dudek report, the maximum noise level
increase attributed to project-generated traffic would be 0 dB (when rounded to whole numbers). There
would be no measurable or audible change. Therefore, the impact would be considered less than
significant. No mitigation is required.
KŶͲ^ŝƚĞdƌĂĨĨŝĐEŽŝƐĞ͘The proposed residences and associated exterior uses are subject to a City of
Carlsbad noise standard of 60 dBA CNEL. The results of noise modeling indicate that on-site noise levels
in outdoor use areas (yards) of the site would range up to 58 dBA CNEL, and thus would not exceed city
noise standards. Therefore, impacts from on-site traffic noise exposure would be considered less than
significant. No mitigation is required.
KŶͲ^ŝƚĞ/ŶƚĞƌŝŽƌdƌĂĨĨŝĐEŽŝƐĞ͘The city and state require that interior noise levels not exceed a CNEL or
Ldn of 45 dBA within the habitable rooms of residences. Typically, with the windows open, building shells
provide approximately 15 dB of noise reduction. Therefore, rooms exposed to an exterior CNEL greater
than 60 dBA could result in an interior CNEL greater than 45 dBA. The State Building Code recognizes this
relationship and, therefore, requires interior noise studies when the exterior noise level is projected to
exceed 60 dBA CNEL or Ldn. The data shown in the Dudek report indicate that the future noise levels
would remain less than 60 dBA CNEL. Thus, interior noise level impacts would be considered less than
significant. No mitigation is required.
KŶͲ^ŝƚĞDĞĐŚĂŶŝĐĂůEŽŝƐĞ͘Mechanical noise from HVAC equipment would occur as a result of the
proposed project. The details regarding the specific locations, quantity, or make/model of HVAC
equipment have not yet been developed, and, thus, are not available for analysis. HVAC systems could
be located at ground-floor level or could involve roof-mounted systems. Based on the configuration of
the residential structures on the site plan, the separation distance between HVAC systems and the eastern
site boundary (which is adjacent to existing residences) could be as little as approximately 25 feet. Dudek
cites in their report that noise levels generated by HVAC equipment vary, but typically range from
approximately 50 dBA to 65 dBA at a distance of 50 feet. For a single point source such as a piece of
mechanical equipment, the sound level normally decreases by approximately 6 dBA for each doubling of
distance from the source. The HVAC noise levels have the potential to exceed the city noise standard for
stationary source noise at residential uses (55 dBA Leq from 7 a.m. to 10 p.m., 45 dBA Leq from 10 p.m.
to 7 a.m.) at the nearest existing noise-sensitive receivers. However, to ensure that noise from HVAC
equipment is in compliance with the City of Carlsbad Municipal Code noise standards, an acoustical
Sept. 10, 2019 Item #9 Page 41 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -28- Initial Study
analysis shall be required prior to approval of final occupancy permits. Through implementation of
Mitigation Measure NOISE-3, on-site mechanical-related noise levels will not exceed any standards.
Therefore, with mitigation, on-site mechanical-related noise impacts will be less than significant.
ďͿ >ĞƐƐ dŚĂŶ ^ŝŐŶŝĨŝĐĂŶƚ /ŵƉĂĐƚ͘ Construction activities that might expose people to excessive
groundborne vibration or groundborne noise could cause a potentially significant impact. Groundborne
vibration information related to construction activities has been collected by Caltrans (Caltrans 2013b).
Information from Caltrans indicates that transient vibrations (such as construction activity) of
approximately 0.035 inch per second peak particle velocity (PPV) may be characterized as barely
perceptible, and vibration levels of 0.24 inch per second PPV may be characterized as distinctly
perceptible.
Groundborne vibration is typically attenuated over short distances. The heavier pieces of construction
equipment, such as bulldozers, would have PPVs of approximately 0.089 inches per second or less at a
distance of 25 feet (DOT 2006). At the distance from the nearest residence to major construction activities
(approximately 28 feet) and with the anticipated construction equipment, the PPV would be
approximately 0.0751 inches per second. This vibration level would be just below the level considered
barely perceptible, and well below the level considered distinctly perceptible.
The major concern with regard to construction vibration is related to building damage. Pile driving,
blasting, or other special construction techniques would not be necessary for construction of the
proposed project; therefore, excessive groundborne vibration and groundborne noise are not anticipated.
In particular, construction vibration as a result of the proposed project would not result in structural
building damage, which typically occurs at vibration levels of 0.5 inches per second or greater for buildings
of reinforced-concrete, steel, or timber construction, or 0.2 inches per second for typical residential
construction. At the distance from the nearest residence to major construction activities (approximately
28 feet) and with the anticipated construction equipment, the PPV would be approximately 0.0751 inches
per second, which is well below the damage threshold. Groundborne vibration would not be associated
with the proposed project following construction activities. Impacts related to groundborne vibration
would be less than significant. No mitigation is required.
The ongoing operation of the proposed project would not include the operation of any known vibration
sources. Therefore, a less-than-significant vibration impact is anticipated from operation of the proposed
project. No mitigation is required.
ĐͿ>ĞƐƐdŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ.As discussed under item a) above, long-
term operational noise would result from the various project components, including off-site traffic noise
along adjacent roadways and mechanical noise. Also, as discussed under item a), mitigation is identified
to ensure that operation of the proposed project would not exceed applicable noise standards or
otherwise result in a substantial permanent increase in ambient noise levels. Upon implementation of
Mitigation Measure NOISE-3 discussed above, operational noise impacts would be considered less than
significant with mitigation.
ĚͿ>ĞƐƐdŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘As discussed under item a) above, the
proposed project would result in temporary noise increases during the project construction period. The
temporary increases in ambient noise levels would vary depending on the location of the construction
activities and the type of equipment being used. Temporary noise increases at adjacent existing and
future noise-sensitive land uses from construction activities are considered potentially significant;
Sept. 10, 2019 Item #9 Page 42 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -29- Initial Study
however, with the implementation of Mitigation Measures NOISE-1 and NOISE-2, temporary noise
impacts from construction activities would be less than significant.
ĞͿ >ĞƐƐdŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘The nearest airport is McClellan-Palomar Airport, located approximately
4.9 miles southeast of the project site. Based on the McClellan-Palomar Airport Land Use Compatibility
Plan, the project site is located approximately 4 miles outside of the airport’s 60 dBA CNEL noise contour.
As such, less-than-significant impacts from airport/aircraft noise would occur. No mitigation is required.
ĨͿEŽ/ŵƉĂĐƚ͘There are no private airstrips within the vicinity of the project site. No impacts would occur.
y///͘WKWh>d/KEE,Kh^/E'
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
ĂͲĐͿEŽ/ŵƉĂĐƚ͘ The project will allow for the future development of 13 detached single-family residential
condominium units, which is consistent with other residential properties located within the surrounding
community. The project site and area surrounding the proposed development is designated for
residential development and was analyzed in the city’s Growth Management Plan accordingly. The
density (28 du/ac) of the proposed development is consistent with the City of Carlsbad’s General Plan,
Local Coastal Program and Village Master Plan. The project does not displace any existing housing or
people. Therefore, no impact is assessed.
y/s͘Wh>/^ Zs/ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
Sept. 10, 2019 Item #9 Page 43 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -30- Initial Study
y/s͘Wh>/^ Zs/ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚiii.Schools? ܆ ܆ ܆ ܈
iv.Parks? ܆ ܆ ܆ ܈
v.Other public facilities? ܆ ܆ ܆ ܈
Ă͘ŝʹĂ͘ǀͿEŽ/ŵƉĂĐƚ͘The project will allow for the future development of 13 detached single-family
residential condominium units, which is consistent with the General Plan and therefore will not affect the
provision and availability of public facilities (fire protection, police protection, schools, parks, libraries,
etc.). Through the Carlsbad Growth Management Plan and Zone 1 Local Facilities Management Plan
(LFMP), the impacts of development on public services were analyzed and the project has been designed
and/or conditioned to provide adequate public services to meet the needs of development. The project
will be conditioned to comply with the Zone 1 LFMP performance standards to ensure that adequate
public facilities and services are provided prior to or concurrent with the development. Since single-family
residential development was anticipated and analyzed by the General Plan and Zone 1 LFMP for this site,
no public service impacts will occur as a result of this project.
ys͘Z Z d/KE WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?
܆ ܆ ܆ ܈
ĂͲďͿEŽ/ŵƉĂĐƚ͘ The project will allow for the future development of 13 detached single-family residential
condominium units, which will not result in the deterioration of existing neighborhoods or regional parks
or cause such parks to be expanded. The General Plan and Growth Management Plan anticipated
residential development at this site, and the Northwest Quadrant park district, which the project is within,
currently maintains a surplus of park acreage for its population level, so no adverse physical effects on the
recreation facilities will occur.
Sept. 10, 2019 Item #9 Page 44 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -31- Initial Study
ys/͘dZE^WKZdd/KEͬdZ&&/
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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?
܆ ܆ ܆ ܈
The General Plan Mobility Element promotes a livable streets strategy for mobility within the city. The
objective of this strategy is to create a ‘multi-modal’ street network that balances the mobility needs of
pedestrians, bicyclists, transit users, and vehicles. For each street in the city, the General Plan Mobility
Element identifies the travel modes for which service levels should be maintained per the multi-modal
level of service (MMLOS) standard.
ĂͿEŽ/ŵƉĂĐƚ͘The project proposes to demolish one (1) existing single-family residence and one (1)
existing 1,600-square foot medical office building, which combined have a total average daily trip (ADT)
generation of 90 ADT. For purposes of existing street and intersection capacity, this traffic is already
included in existing levels. The 13 proposed condominium units will generate 78 ADT, resulting in a net
decrease of 12 ADT. As it relates to the existing traffic load and capacity of the street system, the
proposed project will result in a decrease in ADT. No impact is assessed.
ďͿEŽ/ŵƉĂĐƚ͘In 2009 the congestion management agency (SANDAG) employed an “opt out” option
defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to
development in the City of Carlsbad.
ĐͿEŽ/ŵƉĂĐƚ͘The proposed project does not include any aviation components. It would not, therefore,
result in a change of air traffic patterns or result in substantial safety risks. No impact is assessed.
Sept. 10, 2019 Item #9 Page 45 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -32- Initial Study
ĚͿEŽ/ŵƉĂĐƚ͘All project circulation improvements will be designed and constructed to City standards;
and, therefore, would not result in design hazards. The proposed project is consistent with the City’s
General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact
is assessed.
ĞͿEŽ/ŵƉĂĐƚ͘The proposed project has been designed to satisfy the emergency requirements of the Fire
and Police Departments. No impact is assessed.
ĨͿEŽ/ŵƉĂĐƚ͘The project is served by public transportation with the NCTD Coaster Station located
approximately 1,700 feet away at the corner of State Street and Grand Avenue, and NCTD bus routes
located along Carlsbad Boulevard approximately 650 feet away. No impact is assessed.
ys//͘dZ/>h>dhZ>Z ^KhZ ^
tŽƵůĚƚŚĞƉƌŽũĞĐƚĐĂƵƐĞĂƐƵďƐƚĂŶƚŝĂůĂĚǀĞƌƐĞĐŚĂŶŐĞŝŶƚŚĞ
ƐŝŐŶŝĨŝĐĂŶĐĞŽĨĂƚƌŝďĂůĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞ͕ĚĞĨŝŶĞĚŝŶWƵďůŝĐZĞƐŽƵƌĐĞƐ
ŽĚĞƐĞĐƚŝŽŶϮϭϬϳϰĂƐĞŝƚŚĞƌĂƐŝƚĞ͕ĨĞĂƚƵƌĞ͕ƉůĂĐĞ͕ĐƵůƚƵƌĂůůĂŶĚƐĐĂƉĞ
ƚŚĂƚŝƐŐĞŽŐƌĂƉŚŝĐĂůůLJĚĞĨŝŶĞĚŝŶƚĞƌŵƐŽĨƚŚĞƐŝnjĞĂŶĚƐĐŽƉĞŽĨƚŚĞ
ůĂŶĚƐĐĂƉĞ͕ƐĂĐƌĞĚƉůĂĐĞ͕ŽƌŽďũĞĐƚǁŝƚŚĐƵůƚƵƌĂůǀĂůƵĞƚŽĂĂůŝĨŽƌŶŝĂ
EĂƚŝǀĞŵĞƌŝĐĂŶƚƌŝďĞ͕ĂŶĚƚŚĂƚŝƐ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)Listed or eligible for listing in the California Register of Historical
Resources, or in a local register of historical resources as defined
in Public Resources Code section 5020.1(k), or ܆ ܆ ܆ ܈
b)A resource determined by the lead agency, in its discretion and
supported by substantial evidence, to be significant pursuant to
criteria set forth in subdivision (c) of Public Resources Code
Section 5024.1. In applying the criteria set forth in subdivision (c)
of Public Resources Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native
American tribe.
܆ ܈ ܆ ܆
ĂͿEŽ/ŵƉĂĐƚ͘ There are no tribal cultural resources listed, or eligible for listing, in the California Register
of Historical Resources, or in a local register of historical resources as defined in Public Resources Code
section 5020.1(k), that would be affected by the project. No impact is assessed.
ďͿ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘On November 15, 2018, the Planning Division
notified the Torres Martinez Desert Cahuilla Indians, the Mesa Grande Band of Mission Indians, the Rincon
Band of Luiseño Indians and the San Luis Rey Band of Mission Indians, which are the traditionally and
culturally affiliated California Native American tribes that have requested notice of proposed projects.
The notices were sent out in advance of the project being deemed complete. None of the above tribes
responded within the 30-day comment period ending on December 17, 2018.
The following facts were identified in Dudek’s analysis: 1) trace amounts of cultural materials were
identified during the intensive pedestrian survey of the property; 2) 16 previously recorded cultural
Sept. 10, 2019 Item #9 Page 46 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -33- Initial Study
resources were identified as being located within a one-mile vicinity; 3) the Rincon Band of Luiseño Indians
noted having knowledge of one Luiseño Place Name within the general proximity of the proposed project
site; and 4) the Pala Band of Mission Indians recommended cultural monitors be present on-site during
all survey and all ground-breaking activities. The Dudek analysis also suggested that there is a low
potential for the inadvertent discovery of significant cultural resources during ground breaking activities
and that the SCIC records indicate that no archaeological resources have been previously recorded within
the project area of potential effect (APE). However, it was acknowledged by Dudek that the APE has never
been directly studied before. Therefore, based on the city’s analysis of substantial evidence pursuant to
California Register of Historical Resources criteria while considering potential significance to local tribes,
the city has determined there is a potential that a Tribal Cultural Resource (TCR) could potentially be
present within the project site and that having Native American monitoring on-site in addition to the
archaeological monitoring discussed in Section V above is necessary should any unforeseen discovery
occur. Therefore, through implementation of Mitigation Measure TCR-1, the potential for the project to
create a significant impact to a TCR having cultural value to a California Native American Tribe is reduced
to a less than significant level.
ys///͘hd/>/d/ ^E^ Zs/ ^z^d D^
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
ĂͲŐͿEŽ/ŵƉĂĐƚ͘The proposed subdivision, allowing for the future development of 13 new single-family
condominium units (11 net), will be required to comply with all Regional Water Quality Control Board
Requirements. In addition, the Zone 1 Local Facilities Management Plan anticipated that the project site
Sept. 10, 2019 Item #9 Page 47 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -34- Initial Study
would be developed with a residential use having a project density between 28-35 du/ac. Wastewater
treatment facilities were planned and designed to accommodate future residential uses on the site. All
public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have
been planned and designed to accommodate the growth projections for the City at build-out. The
proposed development will increase the demand for these facilities; however, the proposed density (28
du/ac) is the minimum that was originally anticipated for this site and thus will not result in an overall
increase in the City’s growth projection in the Northwest Quadrant. Therefore, the project does not create
development that will result in a significant need to expand or construct new water facilities/supplies,
wastewater treatment or storm water drainage facilities. No impact is assessed.
y/y͘DEdKZz&/E/E'^K&^/'E/&/E
tŽƵůĚƚŚĞƉƌŽũĞĐƚ͗ WŽƚĞŶƚŝĂůůLJ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚ͘/ŶĐŽƌƉŽƌĂƚĞĚ>ĞƐƐƚŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚEŽ/ŵƉĂĐƚa)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? ܆ ܆ ܆ ܈
ĂͿ>ĞƐƐƚŚĂƚ^ŝŐŶŝĨŝĐĂŶƚǁŝƚŚDŝƚŝŐĂƚŝŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘Other than the Buena Vista Lagoon, for which this
project has set back all development and provided the required 100-wetland buffer, the subject site does
not support any protected or sensitive biological resources or habitat types; it does not contain any fish
or wildlife species; and is not identified by any habitat conservation plan as containing a protected, rare
or endangered plant or animal species. The project will fully mitigate any potential indirect impact on
special-status plant and wildlife species. Additionally, the project’s required mitigation as outlined in the
Cultural Resources and Tribal Cultural Resources sections will preclude the elimination of important
examples of major periods of California history or prehistory, thus reducing impacts to less than
significant. As such, with mitigation the project does not reduce the habitat of a fish or wildlife species;
will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not
result in the elimination of any important examples of California history or prehistory.
ďͿ>ĞƐƐdŚĂŶ^ŝŐŶŝĨŝĐĂŶƚ/ŵƉĂĐƚ͘San 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 these projections, region-wide standards, etc., are established to
Sept. 10, 2019 Item #9 Page 48 of 149
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Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -35- Initial Study
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. The city’s standards and regulations, including
grading standards, water quality and drainage standards, ensure that development within the city will not
result in a significant cumulatively considerable impact.
There are two regional issues that developments within the City of Carlsbad have the potential to have a
cumulatively significant impact on. These issues are air quality and regional circulation. As described
above, air quality would essentially be the same whether or not the development is constructed. Also,
the proposed project results in a reduction in ADT; therefore, it will not have any effect on regional
circulation.
With regard to any other potential impacts associated with the project, city standards and regulations will
ensure that development of the site will not result in any significant cumulatively considerable impacts.
ĐͿ EŽ/ŵƉĂĐƚ͘Based upon the residential nature of the project and that future development of the site
will comply with city standards, the project will not result in any direct or indirect substantial adverse
environmental effects on human beings. No impact is assessed.
Sept. 10, 2019 Item #9 Page 49 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -36- Initial Study
y/y͘ >/^dK&D/d/'d/KED ^hZ ^ (if applicable)
/KͲϭ͗Prior to approval of the final map, or issuance of a grading or building permit, whichever occurs
first, impacts to 0.09 acres of Group-F (Disturbed lands) habitat shall be mitigated through the
payment of the city’s adopted in-lieu mitigation fee.
/KͲϮ͗Prior to approval of the final map, or issuance of a grading or building permit, whichever occurs
first, the applicant shall submit a final habitat mitigation and monitoring plan (HMMP) and
specifications for restoration activities within the 100-foot wetland buffer to the City and/or
Agencies for review. The HMMP and Restoration Landscape Plan shall be prepared and
implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines), and Vol. III;
HMP pp. F-8 to F-11; and Open Space Management Plan Sec. 3.1.5. The HMMP should, at a
minimum, include an evaluation of restoration suitability specific to proposed habitat types, soil
and plant material salvage/translocation, planting and seeding lists, discussion of irrigation,
maintenance and monitoring program, and success criteria. All areas shall be monitored by a
qualified biologist for a minimum of 5 years to ensure establishment of intended plant
communities.
Restoration techniques, as specified in the HMMP, may include hydroseeding, hand-seeding,
imprinting, and soil and plant salvage. The HMMP shall also include criteria to measure success
and describe how monitoring of revegetation efforts will be implemented.
The HMMP shall include a description of appropriate plantings within the 25-foot public access
easement and FMZ B-3. Allowable plantings include native, low fuel species that do not require
long-term irrigation.
/KͲϯ͗Clearing and grading activities should be avoided during the bird breeding season (February 15
through August 31 for most species, and January 1 through August 31 for raptors) to reduce
indirect impacts to nesting birds that may be present within the construction footprint or
restoration areas. Other construction activities should also be avoided during the bird breeding
season, if feasible. If this cannot be avoided, the following measures shall be taken:
a.Nesting bird surveys shall be conducted by a qualified biologist in appropriate habitat for
nesting raptors and migratory birds and within a 500-foot survey buffer within three (3) days
of construction.
b.If nests of listed birds, migratory birds, raptors, or other special-status species are located,
these areas shall be fenced with a protective buffer of at least 500 feet from active nests of
listed species, and 300 feet from other special-status bird species.
c.All construction activity shall be prohibited within this area. Reduced buffers can be
requested from the City if the project biologist can demonstrate that the nesting success will
not be affected.
/KͲϰ͗The potential for significant indirect impacts during construction shall be mitigated through
implementation of the following measures prior to issuance of a grading permit or during grading
activity as appropriate for the measure:
Sept. 10, 2019 Item #9 Page 50 of 149
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Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -37- Initial Study
a.The footprint of disturbance shall be specified in the construction plans. Construction limits
shall be delineated with orange fencing, and in areas potentially subject to project related
runoff, silt fencing shall be used to delineate the impact footprint. All fencing shall be
maintained until the completion of all construction activities, at which time all fencing shall
be removed. All construction personnel and associates shall be instructed that their
activities, vehicles, equipment, and construction materials are restricted to the proposed
project footprint, designated staging areas, and routes of travel. If any impacts shall occur
beyond the approved impact footprint, all work in the immediate vicinity shall cease until the
disturbance limit breach has been addressed to the satisfaction of the City.
b.The qualified project biologist shall review grading plans (e.g., all access routes and staging
areas), and monitor construction activities throughout the duration of grading/ground
disturbance associated with 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.
c.Any habitat that is impacted that is not in the identified project footprint shall be disclosed
immediately to the City, United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC); and shall
be compensated at a minimum ratio of 5:1.
d.Construction employees shall limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
e.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 waters of the United States. 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.
f.Lighting in or adjacent to the preserve shall not be used, except where essential for roadway,
facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to
natural habitat will be shielded and/or directed away from habitat.
g.Fugitive dust shall be avoided and minimized through watering and other appropriate
measures.
h.Exotic species that prey upon or displace target species of concern should be permanently
removed from the site.
i.To avoid attracting predators of the native wildlife species, 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(s). Pets of project personnel shall not be allowed on site
where they may come into contact with any native species.
Sept. 10, 2019 Item #9 Page 51 of 149
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February 2018 -38- Initial Study
j.The City of Carlsbad has the right to access and inspect any sites of approved projects
including any restoration/enhancement area for compliance with project approval conditions
including these best management practices. The USFWS and CDFW may accompany City
representatives on this inspection.
k.Grading activity shall be prohibited during the rainy season: from October 1st through April
1st of each year.
l.All graded areas shall be landscaped prior to October 1st of each year with either temporary
or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1st following the initial
planting.
m.The October 1st grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1st of special erosion control measures
designed to prohibit discharge of sediments off-site during and after the grading operation.
Extensions beyond November 15th may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as an amendment to an existing coastal development permit.
n.If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activities may be allowed during the winter by a coastal development
permit or permit amendment, provided that appropriate best management practices are
adopted.
/KͲϱ͗To prevent impacts of the proposed development on the HMP preserve area off site and to the
north and northwest of the project site, the project shall comply with the following adjacency
standards:
a.Fire Management - Existing non-native plants shall be removed and replaced with native
species. A Fuel Management Zone B-3 shall be established from the structures outward and
shall be maintained to be clear of dead and dying combustible materials.
b.Erosion Control - Standard Best Management Practices (BMPs) shall be implemented to slow
surface flow and dampen initial precipitation flow within the development area. No new
surface drainage shall be directed into the open space areas.
c.Landscape Restrictions - Landscape planting palettes for the proposed project shall prohibit
non-native, invasive plant species in the areas adjacent to the riparian or upland habitat or
adjacent to the HMP preserve located off site to the north and northwest. In addition,
because the site is within the Coastal Zone, no invasive plant species shall be used in the
landscaping of the development. Irrigation of the landscaping shall be designed and
scheduled to avoid runoff into the proposed open space areas. The wetland buffer shall be
restored with native habitat in accordance with mitigation measure BIO-2 listed above.
Sept. 10, 2019 Item #9 Page 52 of 149
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February 2018 -39- Initial Study
d.Fencing, Signs and Lighting - To discourage entry into the riparian habitat by people and pets,
the open space area shall be fenced in accordance with requirements of the City as
appropriate. Exterior residential lighting adjacent to the open space areas shall be of a
minimum necessary for safety and security and shall be shielded and/or directed away to the
maximum extent practicable to avoid increasing nighttime light input into the open space.
Project CC&Rs shall include such lighting restrictions.
e.Predator and Exotic Species Control - The property owner of the proposed development shall
alert future residents of the potential effects domestic animals may have on the native fauna
and flora. Project CC&Rs shall include text to educate homeowners regarding responsible pet
ownership (e.g., keeping pets indoors, spaying/neutering pets, prohibiting the release of pets
into the wild, etc.).
h>Ͳϭ͗The following archaeological resource mitigation measures shall be implemented in addition to
Mitigation Measure TCR-1. Where CUL-1 conflicts with TCR-1, regarding artifacts of Luiseño
Native American cultural importance, TCR-1 shall take precedence:
a.Prior to the issuance of a grading permit and commencement of any ground disturbing
activities, the project developer shall retain the services of a qualified archaeologist to
monitor ground-disturbing activities.
b.The applicant shall provide written verification that a qualified archaeologist has been
retained to implement the monitoring program. Verification shall be presented in the form
of a letter from the project archaeologist to the City Planner.
c.The qualified archaeologist shall consult with grading and excavation contractors concerning
excavation schedules and safety issues, and to further explain and coordinate the
requirements of the monitoring program.
d.The qualified archaeologist shall be on-site during all grading, trenching, and other ground-
disturbing activities, unless otherwise agreed upon by the archaeologist, Native American
monitor and city staff.
e.In the event any potential cultural resource is uncovered during the course of the project
construction, ground-disturbing activities in the vicinity of the find shall be redirected until
the nature and extent of the find can be evaluated by the archaeologist. If cultural resources
are encountered, the archaeologist shall have the authority to temporarily halt or redirect
grading/trenching while the cultural resources are documented and assessed. If
archaeological resources are encountered during excavation or grading, the archaeological
monitor shall direct the contractor to avoid all work in the immediate area for a reasonable
period of time to allow the archaeologist to evaluate the significance of the find and
determine an appropriate course of action. The appropriate course of action may include,
but not be limited to avoidance, recordation, relocation, excavation, documentation,
curation, data recovery, or other appropriate measures. The Project Contractor shall provide
a reasonable period of time for pursuing the appropriate activities. Recovered artifactual
materials and data shall be cataloged and analyzed.
Sept. 10, 2019 Item #9 Page 53 of 149
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February 2018 -40- Initial Study
f.Prior to issuance of building permits for the development of any future homes, a final
summary report shall be completed and submitted to the South Coastal Information Center
(SCIC) and the City Planner outlining the results of the mitigation program, including a
confidential appendix as necessary. The cultural resources monitoring report shall be
completed describing the methods and results of the monitoring and data recovery program
and submitted to the satisfaction of the City Planner. Artifacts shall be curated with
accompanying catalog to current professional repository standards or the collection will be
repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation
agreement (pursuant to Mitigation Measure TCR-1).
g.If any human remains are discovered, all construction activity in the immediate area of the
discovery shall cease immediately, and the archaeological monitor shall notify the San Diego
County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should
the Medical Examiner determine the human remains to be Native American, requirements
outlined in Mitigation Measure TCR-1 shall be followed.
h>ͲϮ͗The following paleontological resource mitigation measures shall be implemented:
a.Prior to the issuance of grading permits, the Applicant shall provide written confirmation to
the City that a qualified paleontologist has been 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 paleontological procedures and
techniques).
b.A pre-grade meeting shall be held among the paleontologist and the grading and excavation
contractors.
c.A paleontological monitor, working under the direction of a qualified paleontologist, shall be
onsite at all times during the original cutting of previously undisturbed sediments of highly
sensitive geologic formations (i.e., Bay Point Formation, and correlative old paralic deposits)
to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual
who has experience in the collection and salvage of fossil materials.) Monitoring is not
required during excavation into low and no resource sensitivity geologic formations (e.g.,
young alluvial flood-plain deposits and artificial fill, respectively).
d.In the event that fossils are discovered in unknown, low, or moderately sensitive formations,
the Applicant shall increase the per-day field monitoring time. Conversely, if fossils are not
discovered, the monitoring, at the discretion of the City Planner, shall be reduced. A
paleontological monitor is not needed during grading of rocks with no resource sensitivity.
e.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 whale skeleton) may require an extended salvage
time. 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 and at the discretion of the
paleontological monitor to set up a screen-washing operation on the site.
Sept. 10, 2019 Item #9 Page 54 of 149
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February 2018 -41- Initial Study
f.Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be
deposited in a scientific institution with paleontological collections such as the San Diego
Natural History Museum (SDNHM). A final summary report shall be completed prior to
issuance of building permits and submitted to the City Planner and curated at the SDNHM.
This report shall include discussions of the methods used, stratigraphy exposed, fossils
collected, and significance of recovered fossils.
,Ͳϭ͗ Prior to any renovation or demolition activities onsite, a comprehensive Asbestos Containing
Materials (ACMs) survey shall be completed by a licensed asbestos consultant and submitted to
the City Planner. All suspect ACMs shall be sampled to determine the presence or absence of
asbestos. The survey shall adhere to the Environmental Protection Agency’s (EPA) National
Emission Standards for Hazardous Air Pollutants (NESHAP). If ACMs are found to be present, the
subject materials shall be appropriately mitigated and disposed of by a licensed professional in
accordance with all applicable local, state and federal laws. Evidence of work performed shall be
submitted to the Planning Division prior to the issuance of a grading permit.
,ͲϮ͗ Prior to any renovation or demolition activities onsite, a survey shall be performed by a certified
Lead Risk Assessor to determine options for the control of possible lead-based paint (LBP) hazards
and the findings submitted to the City Planner. If LBP is found to be present, the subject material
shall be appropriately mitigated according to the options discussed in the survey report and
disposed of by a licensed professional in accordance with all applicable local, state and federal
laws. Evidence of work performed shall be submitted to the Planning Division prior to the
issuance of a grading permit.
EK/^ Ͳϭ: Construction activities shall take place during the permitted time and day per Carlsbad
Municipal Code Chapter 8.48. The applicant shall ensure that construction activities for the
proposed project are limited to the hours from 7 a.m. to 6 p.m. Monday through Friday, and 8
a.m. to 6 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. This
condition shall be listed on the project’s final design to the satisfaction of the City of Carlsbad
Land Development Engineering Division.
EK/^ ͲϮ: The applicant shall adhere to the following measures for all construction phases of the project:
a.The project contractor shall, to the extent feasible, schedule construction activities to avoid
the simultaneous operation of construction equipment so as to minimize noise levels
resulting from operating several pieces of high-noise-emitting equipment.
b.All construction equipment, fixed or mobile, shall be equipped with properly operating and
maintained mufflers. Enforcement shall be accomplished by random field inspections by
applicant personnel during construction activities, to the satisfaction of the City of Carlsbad
Land Development Engineering Division.
c.Construction noise reduction methods, such as shutting off idling equipment, constructing
a temporary noise barrier, maximizing the distance between construction equipment
staging areas and adjacent residences, and using electric air compressors and similar power
tools rather than diesel equipment, shall be used where feasible.
Sept. 10, 2019 Item #9 Page 55 of 149
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Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -42- Initial Study
d.During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from or shielded from sensitive receptors.
e.Construction hours, allowable workdays, and the phone number of the job superintendent
shall be clearly posted at all construction entrances to allow surrounding property owners
to contact the job superintendent if necessary. In the event the City of Carlsbad receives a
complaint, appropriate corrective actions shall be implemented and a report of the action
provided to the reporting party.
EK/^ Ͳϯ͗Because heating, ventilation, and air conditioning (HVAC) equipment and other mechanical
equipment can generate noise that could affect surrounding sensitive receptors, and because
the details, specifications, and locations of this equipment are not yet known, the project
applicant shall retain an acoustical specialist to review project construction-level plans to
ensure that the equipment specifications and plans for HVAC and other outdoor mechanical
equipment incorporate measures, such as the specification of quieter equipment or provision
of acoustical enclosures, that will not exceed relevant noise standards at nearby noise-sensitive
land uses (e.g., residential). Prior to the issuance of building permits, the acoustical specialist
shall certify in writing to the City of Carlsbad that the equipment specifications and plans
incorporate measures that will achieve the relevant noise limits.
dZͲϭ͗Prior to the commencement of any ground-disturbing activities, including but not limited to
exploratory geotechnical investigations/borings for contractor bidding purposes, the project
developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural
Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseño tribe. This agreement will contain provisions to address the proper
treatment of any tribal cultural resources and/or Luiseño Native American human remains
inadvertently discovered during the course of the project. The agreement shall outline the roles
and powers of the Luiseño Native American monitors and the archaeologist, and may include the
following provisions. In some cases, the language below may be modified in consultation with
San Luis Rey Band of Mission Indians if special conditions warrant:
a.A Luiseño Native American monitor shall be present during all ground disturbing activities.
Ground disturbing activities may include, but are not be limited to, archaeological studies,
geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities
and other infrastructure, and grading activities.
b.Any and all uncovered artifacts of Luiseño Native American cultural importance shall be
returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if
applicable, and not be curated, unless ordered to do so by a federal agency or a court of
competent jurisdiction.
c.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 to consult with the archaeologist concerning the proposed
archaeologist techniques and/or strategies for the project.
d.Luiseño Native American monitors and archaeological monitors shall have joint authority to
temporarily divert and/or halt construction activities. If tribal cultural resources are
Sept. 10, 2019 Item #9 Page 56 of 149
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February 2018 -43- Initial Study
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.
e.If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are
discovered 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 tribal
cultural resources. If, however, the Applicant is able to demonstrate that avoidance of a
significant and/or unique cultural resource is infeasible and a data recovery plan is authorized
by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be
consulted regarding the drafting and finalization of any such recovery plan.
f.When tribal 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 tribal cultural
resources that are unearthed during the ground disturbing activities, the Luiseño Native
American monitor may, at their discretion, collect said resources and provide them to the San
Luis Rey Band of Mission Indians for dignified and respectful treatment in accordance with
their cultural and spiritual traditions.
g.If suspected Native American human remains are encountered, California Health and Safety
Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego
County Medical Examiner 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
examination of the remains. If the San Diego County Medical Examiner determines the
remains to be Native American, the Native American Heritage Commission (NAHC) must be
contacted by the Medical Examiner within 24 hours. The NAHC must then immediately notify
the “Most Likely Descendant” about the discovery. The Most Likely Descendant shall then
make recommendations within 48 hours, and engage in consultation concerning treatment
of remains as provided in Public Resources Code 5097.98.
h.In the event that fill material is imported into the project area, the fill shall be clean of tribal
cultural resources and documented as such. Commercial sources of fill material are already
permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or
exported from areas within the project site, then that fill material shall be analyzed and
confirmed by an archeologist and Luiseño Native American monitor that such fill material
does not contain tribal cultural resources.
i.No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural
resources without the written permission of the San Luis Rey Band of Mission Indians.
j.Prior to the release of the grading bond, a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis and conclusions of the monitoring program
Sept. 10, 2019 Item #9 Page 57 of 149
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February 2018 -44- Initial Study
shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s
notes and comments, to the City of Carlsbad for approval. Said report shall be subject to
confidentiality as an exception to the Public Records Act and will not be available for public
distribution.
Sept. 10, 2019 Item #9 Page 58 of 149
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Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -45- Initial Study
Z>/ ZE>z^ ^
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.
Z>/ ZE>z^/^h^ E^hWWKZd/E'/E&KZDd/KE^KhZ ^
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.&ŝŶĂů ŶǀŝƌŽŶŵĞŶƚĂů/ŵƉĂĐƚZĞƉŽƌƚ; /ZϭϯͲϬϮͿ for the City of Carlsbad General Plan and Climate Action
Plan (SCH #2011011004), City of Carlsbad Planning Division, June 2015.
2.ĂƌůƐďĂĚůŝŵĂƚĞĐƚŝŽŶWůĂŶ, City of Carlsbad Planning Division, dated September 2015.
3.ĂƌůƐďĂĚ'ĞŶĞƌĂůWůĂŶ͕ City of Carlsbad Planning Division, dated September 2015.
4.ŝƚLJŽĨĂƌůƐďĂĚDƵŶŝĐŝƉĂůŽĚĞ;DͿ͕dŝƚůĞϮϭŽŶŝŶŐ͕City of Carlsbad Planning Division.
5.,ĂďŝƚĂƚDĂŶĂŐĞŵĞŶƚWůĂŶĨŽƌEĂƚƵƌĂůŽŵŵƵŶŝƚŝĞƐŝŶƚŚĞŝƚLJŽĨĂƌůƐďĂĚ;,DWͿ͕ City of Carlsbad
Planning Division, final approval dated November 2004.
6.San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. DĐůĞůůĂŶͲ
WĂůŽŵĂƌŝƌƉŽƌƚ>ĂŶĚhƐĞŽŵƉĂƚŝďŝůŝƚLJWůĂŶ;>hWͿ͘ŵĞŶĚĞĚĞĐĞŵďĞƌϭ͕ϮϬϭϭ.
7.San Diego County Important Farmland Map (2014). ĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨŽŶƐĞƌǀĂƚŝŽŶ͕ŝǀŝƐŝŽŶ
ŽĨ>ĂŶĚZĞƐŽƵƌĐĞWƌŽƚĞĐƚŝŽŶ͕&ĂƌŵůĂŶĚDĂƉƉŝŶŐĂŶĚDŽŶŝƚŽƌŝŶŐWƌŽŐƌĂŵ.
8.ŝŽůŽŐLJ>ĞƚƚĞƌZĞƉŽƌƚĨŽƌϱϳϬͲϱϴϬ>ĂŐƵŶĂƌŝǀĞ, Dudek, January 15, 2019.
9.ƌĂĨƚŽŶĐĞƉƚƵĂůtĞƚůĂŶĚƵĨĨĞƌZĞƐƚŽƌĂƚŝŽŶWůĂŶĨŽƌϱϳϬͬϱϴϬ>ĂŐƵŶĂƌŝǀĞ, Dudek, October 2018.
10.ƵůƚƵƌĂůZĞƐŽƵƌĐĞƐŽŶƐƚƌĂŝŶƚƐŶĂůLJƐŝƐĨŽƌƚŚĞϱϳϬͬϱϴϬ>ĂŐƵŶĂƌŝǀĞWƌŽũĞĐƚ, Dudek, September 7,
2018.
11.WĂůĞŽŶƚŽůŽŐŝĐĂůZĞƐŽƵƌĐĞZĞǀŝĞǁʹ>ĂŐƵŶĂƌŝǀĞWƌŽũĞĐƚ, Dudek, February 23, 2018.
12.WƌĞůŝŵŝŶĂƌLJ'ĞŽƚĞĐŚŶŝĐĂů/ŶǀĞƐƚŝŐĂƚŝŽŶ͕WƌŽƉŽƐĞĚϭϮZĞƐŝĚĞŶƚŝĂů^ƚƌƵĐƚƵƌĞƐ͕ϱϳϬͲϱϴϬ>ĂŐƵŶĂƌŝǀĞ͕
Sept. 10, 2019 Item #9 Page 59 of 149
Project Name: Laguna Drive Subdivision
Project No(s): CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV#2017-0237)
February 2018 -46- Initial Study
ĂƌůƐďĂĚ͕ϵϮϬϬϴ, Coast Geotechnical Consulting Engineers and Geologists, April 4, 2018.
13.WŚĂƐĞ / ŶǀŝƌŽŶŵĞŶƚĂů ^ŝƚĞ ƐƐĞƐƐŵĞŶƚ ZĞƉŽƌƚ ĨŽƌ ϱϳϬͲϱϴϬ >ĂŐƵŶĂ ƌŝǀĞ͕ ĂƌůƐďĂĚ͕ ĂůŝĨŽƌŶŝĂ,
PARTNER Engineering and Science, Inc., January 22, 2018.
14.CORTESE List, California Department of Toxic Substances Control, website:
https://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm, December 19, 2018.
15.WƌĞůŝŵŝŶĂƌLJ,LJĚƌŽůŽŐLJͬ,LJĚƌĂƵůŝĐƐZĞƉŽƌƚ, Corey Jones Engineering, October 12, 2018.
16.WƌŝŽƌŝƚLJĞǀĞůŽƉŵĞŶƚWƌŽũĞĐƚ;WWͿWƌĞůŝŵŝŶĂƌLJ^ƚŽƌŵtĂƚĞƌYƵĂůŝƚLJDĂŶĂŐĞŵĞŶƚWůĂŶ;^tYDWͿ,
Corey Jones Engineering, January 7, 2019.
17.&ůŽŽĚ/ŶƐƵƌĂŶĐĞZĂƚĞDĂƉEŽ͘ϬϲϬϳϯϬϳϲϭ', Federal Emergency Management Agency (FEMA), May
16, 2012.
18.ŝƚLJŽĨĂƌůƐďĂĚ͕^ĞĂ>ĞǀĞůZŝƐĞsƵůŶĞƌĂďŝůŝƚLJƐƐĞƐƐŵĞŶƚ͕ƚƚĂĐŚŵĞŶƚ͗zĞĂƌϮϭϬϬ^ĞĂ>ĞǀĞůZŝƐĞ
,ĂnjĂƌĚDĂƉƐ, December 2017.
19.ŝƚLJ ŽĨ ĂƌůƐďĂĚ 'ĞŽƚĞĐŚŶŝĐĂů ,ĂnjĂƌĚƐ ŶĂůLJƐŝƐ ĂŶĚ DĂƉƉŝŶŐ ^ƚƵĚLJ͕ĂƚĂƐƚƌŽƉŚŝĐĂŵ&ĂŝůƵƌĞ
/ŶƵŶĚĂƚŝŽŶ͕dƐƵŶĂŵŝĂŶĚ^ĞŝĐŚĞ,ĂnjĂƌĚŽŶĞDĂƉƐ, September 1992.
20.EŽŝƐĞdĞĐŚŶŝĐĂůZĞƉŽƌƚĨŽƌϱϳϬ>ĂŐƵŶĂƌŝǀĞ, Dudek, September 2018.
Sept. 10, 2019 Item #9 Page 60 of 149
džƉůĂŶĂƚŝŽŶŽĨ,ĞĂĚŝŶŐƐ dLJƉĞ = Project, ongoing, cumulative. DŽŶŝƚŽƌŝŶŐĞƉƚ͘ = Department, or Agency, responsible for monitoring a particular mitigation measure. ^ŚŽǁŶŽŶWůĂŶƐ = When mitigation measure is shown on plans, this column will be initialed and dated. sĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶ = When mitigation measure has been implemented, this column will be initialed and dated. ZĞŵĂƌŬƐ = Area for describing status of ongoing mitigation measure, or for other information. >ĞŐĞŶĚW>E Planning Division E' Land Development Engineering Division >' Building Division Page ϭof ϭϴDŝƚŝŐĂƚŝŽŶDŽŶŝƚŽƌŝŶŐĂŶĚZĞƉŽƌƚŝŶŐWƌŽŐƌĂŵPROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NO: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿAPPROVAL 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). D/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐ /KͲϭPrior to approval of the final map, or issuance of a grading or building permit, whichever occurs first, impacts to 0.09 acres of Group-F (Disturbed lands) habitat shall be mitigated through the payment of the city’s adopted in-lieu mitigation fee. Prior to approval of the final map, or issuance of a grading or building permit, whichever occurs first. PLN /KͲϮPrior to approval of the final map, or issuance of a grading or building permit, whichever occurs first, the applicant shall submit a final habitat mitigation and monitoring plan (HMMP) and specifications for restoration activities within the 100-foot wetland buffer to the City and/or Agencies for review. The HMMP and Restoration Landscape Plan shall be prepared and implemented consistent with MHCP Volume II, Appendix C (Revegetation Guidelines), and Vol. III; HMP pp. F-8 to F-11; and Open Space Management Plan Sec. 3.1.5. The HMMP should, at a minimum, include an evaluation of restoration suitability specific to Prior to approval of the final map, or issuance of a grading or building permit, whichever occurs first. PLN Ccityof Carlsbad Sept. 10, 2019Item #9 Page 61 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page Ϯ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐproposed habitat types, soil and plant material salvage/translocation, planting and seeding lists, discussion of irrigation, maintenance and monitoring program, and success criteria. All areas shall be monitored by a qualified biologist for a minimum of 5 years to ensure establishment of intended plant communities. Restoration techniques, as specified in the HMMP, may include hydroseeding, hand-seeding, imprinting, and soil and plant salvage. The HMMP shall also include criteria to measure success and describe how monitoring of revegetation efforts will be implemented. The HMMP shall include a description of appropriate plantings within the 25-foot public access easement and FMZ B-3. Allowable plantings include native, low fuel species that do not require long-term irrigation. /KͲϯClearing and grading activities should be avoided during the bird breeding season (February 15 through August 31 for most species, and January 1 through August 31 for raptors) to reduce indirect impacts to nesting birds that may be present within the construction footprint or restoration areas. Other construction activities should also be avoided during the bird breeding season, if feasible. If this cannot be avoided, the following measures shall be taken: a.Nesting bird surveys shall be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds and within a 500-foot survey buffer within three (3) days of construction. b.If nests of listed birds, migratory birds, raptors, or other special-status species are located, these areas shall be fenced with a On-going PLN Sept. 10, 2019Item #9 Page 62 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϯ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐprotective buffer of at least 500 feet from active nests of listed species, and 300 feet from other special-status bird species. c.All construction activity shall be prohibited within this area. Reduced buffers can be requested from the City if the project biologist can demonstrate that the nesting success will not be affected. /KͲϰThe potential for significant indirect impacts during construction shall be mitigated through implementation of the following measures prior to issuance of a grading permit or during grading activity as appropriate for the measure: a. The footprint of disturbance shall be specified in the construction plans. Construction limits shall be delineated with orange fencing, and in areas potentially subject to project related runoff, silt fencing shall be used to delineate the impact footprint. All fencing shall be maintained until the completion of all construction activities, at which time all fencing shall be removed. All construction personnel and associates shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the approved impact footprint, all work in the immediate vicinity shall cease until the disturbance limit breach has been addressed to the satisfaction of the City. b. The qualified project biologist shall review grading plans (e.g., all access routes and staging areas), and monitor construction activities throughout the duration of grading/ground disturbance associated with the project to ensure that all practicable measures Prior to issuance of a grading or building permit, whichever occurs first / On-going. PLN/ENG/BLD Sept. 10, 2019Item #9 Page 63 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϰ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐare being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. c. Any habitat that is impacted that is not in the identified project footprint shall be disclosed immediately to the City, United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC); and shall be compensated at a minimum ratio of 5:1. d. Construction employees shall limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. e. 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 waters of the United States. 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. f. Lighting in or adjacent to the preserve shall not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat will be shielded and/or directed away from habitat. g. Fugitive dust shall be avoided and minimized through watering and other appropriate measures. Sept. 10, 2019Item #9 Page 64 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϱ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐ h. Exotic species that prey upon or displace target species of concern should be permanently removed from the site. i. To avoid attracting predators of the native wildlife species, 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(s). Pets of project personnel shall not be allowed on site where they may come into contact with any native species. j. The City of Carlsbad has the right to access and inspect any sites of approved projects including any restoration/enhancement area for compliance with project approval conditions including these best management practices. The USFWS and CDFW may accompany City representatives on this inspection. k. Grading activity shall be prohibited during the rainy season: from October 1st through April 1st of each year. l. All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. m. The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be Sept. 10, 2019Item #9 Page 65 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϲ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐallowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. n. If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices are adopted. /KͲϱTo prevent impacts of the proposed development on the HMP preserve area off site and to the north and northwest of the project site, the project shall comply with the following adjacency standards: a.Fire Management - Existing non-native plants shall be removed and replaced with native species. A Fuel Management Zone B-3 shall be established from the structures outward and shall be maintained to be clear of dead and dying combustible materials. b.Erosion Control - Standard Best Management Practices (BMPs) shall be implemented to slow surface flow and dampen initial precipitation flow within the development area. No new surface drainage shall be directed into the open space areas. c.Landscape Restrictions - Landscape planting palettes for the proposed project shall prohibit non-native, invasive plant species in the areas adjacent to the riparian or upland habitat or adjacent to the HMP preserve located off site to the north and northwest. In addition, because the site is within the Coastal Zone, no invasive Prior to approval of the final map, or issuance of a grading or building permit, whichever occurs first / On-going. PLN/ENG/BLD Sept. 10, 2019Item #9 Page 66 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϳ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐplant species shall be used in the landscaping of the development. Irrigation of the landscaping shall be designed and scheduled to avoid runoff into the proposed open space areas. The wetland buffer shall be restored with native habitat in accordance with mitigation measure BIO-2 listed above. d.Fencing, Signs and Lighting - To discourage entry into the riparian habitat by people and pets, the open space area shall be fenced in accordance with requirements of the City as appropriate. Exterior residential lighting adjacent to the open space areas shall be of a minimum necessary for safety and security and shall be shielded and/or directed away to the maximum extent practicable to avoid increasing nighttime light input into the open space. Project CC&Rs shall include such lighting restrictions. Predator and Exotic Species Control - The property owner of the proposed development shall alert future residents of the potential effects domestic animals may have on the native fauna and flora. Project CC&Rs shall include text to educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, prohibiting the release of pets into the wild, etc.). h>ͲϭThe following archaeological resource mitigation measures shall be implemented in addition to Mitigation Measure TCR-1. Where CUL-1 conflicts with TCR-1, regarding artifacts of Luiseño Native American cultural importance, TCR-1 shall take precedence: a.Prior to the issuance of a grading permit and commencement of any ground disturbing activities, the project developer shall retain the Prior to issuance of grading permit / On-going. PLN/ENG Sept. 10, 2019Item #9 Page 67 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϴ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐservices of a qualified archaeologist to monitor ground-disturbing activities. b.The applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. Verification shall be presented in the form of a letter from the project archaeologist to the City Planner. c.The qualified archaeologist shall consult with grading and excavation contractors concerning excavation schedules and safety issues, and to further explain and coordinate the requirements of the monitoring program. d.The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities, unless otherwise agreed upon by the archaeologist, Native American monitor and city staff. e.In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeologist. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the find and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, Sept. 10, 2019Item #9 Page 68 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϵ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐrelocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities. Recovered artifactual materials and data shall be cataloged and analyzed. f.Prior to issuance of building permits for the development of any future homes, a final summary report shall be completed and submitted to the South Coastal Information Center (SCIC) and the City Planner outlining the results of the mitigation program, including a confidential appendix as necessary. The cultural resources monitoring report shall be completed describing the methods and results of the monitoring and data recovery program and submitted to the satisfaction of the City Planner. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement (pursuant to Mitigation Measure TCR-1). g.If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the archaeological monitor shall notify the San Diego County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American, requirements outlined in Mitigation Measure TCR-1 shall be followed. Sept. 10, 2019Item #9 Page 69 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϬ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐh>ͲϮThe following paleontological resource mitigation measures shall be implemented: a. Prior to the issuance of grading permits, the applicant shall provide written confirmation to the City that a qualified paleontologist has been 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 paleontological procedures and techniques). b. A pre-grade meeting shall be held among the paleontologist and the grading and excavation contractors. c. A paleontological monitor, working under the direction of a qualified paleontologist, shall be onsite at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., Bay Point Formation, and correlative old paralic deposits) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) Monitoring is not required during excavation into low and no resource sensitivity geologic formations (e.g., young alluvial flood-plain deposits and artificial fill, respectively). d. In the event that fossils are discovered in unknown, low, or moderately sensitive formations, the Applicant shall increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring, at the discretion of the City Planner, shall be reduced. A paleontological monitor is not needed during grading of rocks with no resource sensitivity. Prior to issuance of grading permit / On-going. PLN/ENG Sept. 10, 2019Item #9 Page 70 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϭ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐe. 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 whale skeleton) may require an extended salvage time. 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 and at the discretion of the paleontological monitor to set up a screen-washing operation on the site. f. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum (SDNHM). A final summary report shall be completed prior to issuance of building permits and submitted to the City Planner and curated at the SDNHM. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. Prior to issuance of building permits for the construction of homes onsite. PLN ,ͲϭPrior to any renovation or demotion activities onsite, a comprehensive Asbestos Containing Materials (ACMs) survey shall be completed by a licensed asbestos consultant and submitted to the City Planner. All suspect ACMs shall be sampled to determine the presence or absence of asbestos. The survey shall adhere to the Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP). If ACMs are found to be present, the subject materials shall be appropriately mitigated and disposed of by a Prior to any renovation or issuance of a demolition permit. PLN/ENG Sept. 10, 2019Item #9 Page 71 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϮ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐlicensed professional in accordance with all applicable local, state and federal laws. Evidence of work performed shall be submitted to the Planning Division prior to the issuance of a grading permit. Prior to issuance of a grading permit. PLN/ENG ,ͲϮPrior to any renovation or demolition activities onsite, a survey shall be performed by a certified Lead Risk Assessor to determine options for the control of possible lead-based paint (LBP) hazards and the findings submitted to the City Planner. If LBP is found to be present, the subject material shall be appropriately mitigated according to the options discussed in the survey report and disposed of by a licensed professional in accordance with all applicable local, state and federal laws. Prior to any renovation or issuance of a demolition permit. PLN/BLD Evidence of work performed shall be submitted to the Planning Division prior to the issuance of a grading permit. Prior to issuance of a grading permit. PLN/ENG EK/^ ͲϭConstruction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. The applicant shall ensure that construction activities for the proposed project are limited to the hours from 7 a.m. to 6 p.m. Monday through Friday, and 8 a.m. to 6 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. On-going PLN/ENG/BLD This condition shall be listed on the project’s final design to the satisfaction of the City of Carlsbad Land Development Engineering Division. Prior to issuance of a grading permit. PLN/ENG Sept. 10, 2019Item #9 Page 72 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϯ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐ EK/^ ͲϮThe applicant shall adhere to the following measures for all construction phases of the project: a.The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high-noise-emitting equipment. b.All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City of Carlsbad Land Development Engineering Division. c.Construction noise reduction methods, such as shutting off idling equipment, constructing a temporary noise barrier, maximizing the distance between construction equipment staging areas and adjacent residences, and using electric air compressors and similar power tools rather than diesel equipment, shall be used where feasible. d.During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City of Carlsbad receives On-going. PLN/ENG/BLD Sept. 10, 2019Item #9 Page 73 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϰ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐa complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. EK/^ ͲϯBecause heating, ventilation, and air conditioning (HVAC) equipment and other mechanical equipment can generate noise that could affect surrounding sensitive receptors, and because the details, specifications, and locations of this equipment are not yet known, the project applicant shall retain an acoustical specialist to review project construction-level plans to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical equipment incorporate measures, such as the specification of quieter equipment or provision of acoustical enclosures, that will not exceed relevant noise standards at nearby noise-sensitive land uses (e.g., residential). Prior to the issuance of building permits, the acoustical specialist shall certify in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures that will achieve the relevant noise limits. Prior to issuance of building permits for the construction of homes onsite. PLN/BLD dZͲϭPrior to the commencement of any ground-disturbing activities, including but not limited to exploratory geotechnical investigations/borings for contractor bidding purposes, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseño tribe. This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement shall outline the roles and powers of the Luiseño Native American monitors and the archaeologist, and may include the following provisions. In some cases, the language below Prior to issuance of grading permit / On-going. PLN/ENG Sept. 10, 2019Item #9 Page 74 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϱ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐmay be modified in consultation with San Luis Rey Band of Mission Indians if special conditions warrant: a.A Luiseño Native American monitor shall be present during all ground disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. b.Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated, unless ordered to do so by a federal agency or a court of competent jurisdiction. c.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 to consult with the archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. d.Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal 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. Sept. 10, 2019Item #9 Page 75 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϲ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐe.If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered 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 tribal cultural resources. If, however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. f.When tribal 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 tribal cultural resources that are unearthed during the ground disturbing activities, the Luiseño Native American monitor may, at their discretion, collect said resources and provide them to the San Luis Rey Band of Mission Indians for dignified and respectful treatment in accordance with their cultural and spiritual traditions. g.If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego County Medical Examiner 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. Sept. 10, 2019Item #9 Page 76 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϳ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐSuspected 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 examination of the remains. If the San Diego County Medical Examiner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted by the Medical Examiner within 24 hours. The NAHC must then immediately notify the “Most Likely Descendant” about the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. h.In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. Commercial sources of fill material are already permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. i.No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians. j.Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an Sept. 10, 2019Item #9 Page 77 of 149
PROJECT NAME: >ĂŐƵŶĂƌŝǀĞ^ƵďĚŝǀŝƐŝŽŶPROJECT NUMBER: dϮϬϭϴͲϬϬϬϲͬZWϮϬϭϴͲϬϬϬϴͬWϮϬϭϴͲϬϬϯϮͬ,WϮϬϭϴͲϬϬϬϯͬ,DWϮϬϭϴͲϬϬϬϯ; sηϮϬϭϳͲϬϮϯϳͿ Mitigation Monitoring and Reporting Program Page ϭϴ of ϭϴD/d/'d/KED ^hZ DŽŶŝƚŽƌŝŶŐdLJƉĞDŽŶŝƚŽƌŝŶŐĞƉĂƌƚŵĞŶƚ^ŚŽǁŶŽŶWůĂŶƐsĞƌŝĨŝĞĚ/ŵƉůĞŵĞŶƚĂƚŝŽŶZĞŵĂƌŬƐexception to the Public Records Act and will not be available for public distribution. I Sept. 10, 2019Item #9 Page 78 of 149
PLANNING COMMISSION RESOLUTION NO. 7342
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A TENTATIVE
TRACT MAP, MAJOR REVIEW PERMIT, COASTAL DEVELOPMENT PERMIT,
HILLSIDE DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PERMIT
FOR THE DEMOLITION OF AN EXISTING MEDICAL OFFICE BUILDING AND
SINGLE-FAMILY DWELLING; THE SUBDIVISION OF AN APPROXIMATELY
0.75-ACRE PARCEL INTO TWO LOTS AND 13 AIRSPACE RESIDENTIAL
CONDOMINIUM UNITS; AND THE DEVELOPMENT OF 13 DETACHED
SINGLE-FAMILY CONDOMINIUMS WITH EXCLUSIVE USE AREAS ON
PROPERTY LOCATED AT 570-580 LAGUNA DRIVE WITHIN THE
RESIDENTIAL SUPPORT AREA {LAND USE DISTRICT 4) OF THE VILLAGE
REVIEW {V-R) ZONE, MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LAGUNA DRIVE SUBDIVISION
CASE NO.: CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 /
HDP 2018-0003 / HMP 2018-0003 (DEV2017-0237)
WHEREAS, Brett Farrow, uDeveloper," has filed a verified application with the City of
Carlsbad regarding property owned by The Virginia H. Murphy Trust, "Owner," described as
The easterly 120 feet measured along Laguna Drive of the following
described property: That portion of Lot 1, Section 1, Township 12 South,
Range 5 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Government
Survey approved June 22, 1883
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Major
Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management
Permit as shown on Exhibit(s) "A" -"U" dated July 17, 2019, on file in the Planning Division CT 2018-
0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION,
as provided by Chapters 20.12, 21.35, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 17, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Sept. 10, 2019 Item #9 Page 79 of 149
Tentative Tract Map, Major Review Permit, Coastal Development Permit, Hillside Development Permit
and Habitat Management Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 2018-0006/RP 2018-0008/CDP 2018-0032/HDP 2018-
0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION, based on the following findings
and subject to the following conditions:
Findings:
Tentative Tract Map, CT 2018-0006
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed two lot tentative tract
map for a 13-airspace-condominium subdivision is consistent with the General Plan and
satisfies all minimum requirements of the Carlsbad Village Master Plan and Design Manual
(VMP), and Carlsbad Municipal Code Titles 20 and 21 with respect to public facilities, access and
parking as discussed in the project staff report.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as either Village (V), R-4 Residential, R-
15 Residential, or Open Space (OS) on the General Plan Land Use Map. The subject property is
bordered by open space and existing single-family residential to the north, multiple-family
residential to the south, a mixture of office and single-family residential to the east and office
to the west. Pursuant to the Land Use District 4 (Residential Support Area) of the Village Master
Plan and Design Manual (VMP), the intent is to provide for a mix of higher quality commercial
and residential uses in this area which will provide positive support for Land Use District 1
(Village Center) and reinforce the Village Area north of Beech Street as a quality residential
neighborhood. The Residential Support Area also encourages a wide variety of housing types
(houses, condominiums and apartments) and sizes to be located in close proximity to shops,
restaurants and the commuter rail serving downtown San Diego. For those properties with the
same designation and that are developed with office and multiple-family residential uses to the
south and west, the proposed three-story tall detached residential condominium units are
compatible. For those existing residentially designated properties that are adjacent to the
proposed development on the north and east sides and are also located outside of the VMP
boundaries, the proposed residential use is compatible with the existing residential uses. To
enhance the projects compatibility with adjacent single-family residential, the project
development is set back approximately 10 feet along the majority of the east property line
where a zero-foot setback is allowed. The project is also set back over 34 feet from the north
property line and is plotting Units 10-13 at an off-angle in order to provide for greater depth,
articulation and visual interest. The 5:12 roof pitch for the majority of the structures is oriented
PC RESO NO. 7342 -2-Sept. 10, 2019 Item #9 Page 80 of 149
downward toward the east property line so as to reduce massing at the property lines. For
those properties designated as OS, the development footprint for the project has been set back
100 feet from all wetlands. Additionally, all portions of the property that are encumbered by
the 100-foot-wide wetland buffer have been placed into a separate open space lot which is
further protected by an open space easement as conditioned. Lastly, the project will also
restore disturbed areas or areas of non-native habitat with native habitat where there was
development previously.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the Village {V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.46 acres, the
proposed 13 airspace single-family residential condominium units have a density of 28.3
dwelling units per acre.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the proposed residential units have
an east-west orientation thereby allowing for passive or natural solar heating and cooling
opportunities.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that staff has conducted an environmental impact assessment to determine if the project could
have any potentially significant impacts on the environment. The environmental impact
assessment identified potentially significant impacts to Biological Resources,
Cultural/Paleontological Resources, Hazards/Hazardous Materials, Noise, and Tribal Cultural
Resources. Mitigation measures have been incorporated into the design of the project and the
Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant
impacts will be mitigated to below a level of significance. In general, the development area of
the project site has been previously developed, and the new project development footprint has
been set back much further from the lagoon edge than the existing development. The proposed .
project is providing a 100-foot-wide buffer from wetland habitat pursuant to the city's Habitat
Management Plan (HMP), which will be situated within a separate open space lot from the
development and revegetated with native plants. To avoid increased urban runoff, pollutants,
and soil erosion, the project .will adhere to the city's Master Drainage Plan, Grading Ordinance,
PC RESO NO. 7342 -3-Sept. 10, 2019 Item #9 Page 81 of 149
Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program
{JRMP).
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
Major Review Perm it, RP 2018-0008
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, Village Review {V-R) Zone, and Carlsbad Village Master
Plan and Design Manual {VMP}, based on the facts set forth in the staff report dated July 17,
2019 including, but not limited to the following:
a. Land Use & Community Design -Develop a distinct identity for the Village by encouraging
a variety of uses and activities, such as a mix of residential, commercial office, restaurants
and specialty retail shops, which traditionally locate in a pedestrian-oriented downtown
area and attract visitors and residents from across the community by creating a lively,
interesting social environment (Goal 2-G.30); and seek an increased presence of both
residents and activity in the Village with new development, particularly residential,
including residential as part of a mixed-use development, as well as commercial,
entertainment and cultural uses that serve both residents and visitors (Policy 2-P.70): The
proposal to construct 13 residential condominiums would enhance the vitality of the
Village by providing new residential land uses near the downtown core area. The
project reinforces the pedestrian orientation desired for the downtown area by
providing residents an opportunity to walk to shopping, restaurants, recreation, and
mass transit functions. The project's proximity to existing bus routes and mass transit
help further the goal of providing new economic development near transportation
corridors. Overall, the residential project provides a higher quality residential support
use which will contribute toward the revitalization of the Village area in general, and
reinforces the Village area north of Beech Street as a quality residential neighborhood.
b. Mobility -Require developers to construct or pay their fair share toward improvements
for all travel modes consistent with the Mobility Element, the Growth Management Plan,
and specific impacts associated with their development (Policy 3-P.5): The proposed
project has been designed to meet circulation requirements, which include maintaining
or enhancing frontage improvements consisting of sidewalks and landscaping. In
addition, the applicant is required to pay traffic impact fees prior to the issuance of
building permits that would go toward future road improvements.
c. Mobility -Improve connectivity for residents, visitors and businesses (Goal 3-G.2}; and
provide inviting streetscapes that encourage walking and promote livable streets (Goal 3-
G.3): Laguna Drive can accommodate the estimated average daily trips (ADTs} in that
the proposed project generates 12 fewer ADTs than the combined existing uses. The
proposed project is also located approximately one-third of a mile from the Carlsbad
Village train station, which provides rail and bus service throughout the day. The
project's proximity to the transit station would provide residents with the opportunity
to !=Ommute to major job centers, thereby reducing vehicle miles traveled (VMTs} and
PC RESO NO. 7342 -4-Sept. 10, 2019 Item #9 Page 82 of 149
the carbon footprint. Lastly, the project proposes a landscaped frontage with street
trees to further accentuate an already inviting neighborhood streetscape and also
supports walkability and mobility by locating near existing goods and services within
the Village.
d. Open Space & Conservation -Protect environmentally sensitive lands, wildlife habitats,
and rare, threatened or endangered plant and animal communities (Goal 4-G.3).
Maintain and implement the city's Habitat Management Plan (HMP), including the
requirement that all development projects comply with the HMP and related documents.
Require assessments of biological resources prior to approval of any development on sites
with sensitive habitat (Policy 4-P.9): A Biological Technical Report (BTR) was prepared
for the site and determined that there will be impacts to 0.09 acres of disturbed land
(Habitat Group F). Impacts to Habitat Group F will be satisfied through payment of an
in-lieu fee. No impacts will occur to 0.01 acres of onsite Coastal and Valley Freshwater
Marsh (Habitat Group A) in that the project has been designed to include a 100-foot
wetland buffer, all of which is located in an open space lot separate from the
development area.
e. Open Space & Conservation -Require developments to incorporate structural and non-
structural best management practices {BMPs) to mitigate or reduce the projected
increases in pollutant loads. Do not allow post-development runoff from a site that would
cause or contribute to an exceedance of receiving water quality objectives or has not been
reduced to the maximum extent practicable {Policy 4-P.58): The project will adhere to
the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP
Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid
increased urban runoff, pollutants, and soil erosion.
f. Open Space & Conservation -Coordinate the planning of park facilities and trails with
other recreation-oriented land uses such as open space {Goal 4-G.8); and obtain an
irrevocable offer to dedicate or a permanent easement for multi-use trails on privately
owned property where feasible, and where trails are proposed as part of the Carlsbad
trail system {Policy 4-P.43): The project is conditioned to require an irrevocable offer of
dedication for a 25-foot-wide lateral public access easement through private property
per the Mello II Segment of the Local Coastal Program.
g. Noise -Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning {Goal 5-G.2):
The project will not result in exposure of persons to or generation of noise levels in
excess of standards established in the City's General Plan or Noise Guidelines Manual.
The proposed residential subdivision is located outside the 60 dB(A) CNEL noise contour
as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidelines
Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035). A Noise
Technical Report (Dudek, September 2018) confirmed the above, but also identified
some short-term (i.e., temporary) noise impacts during com;truction and long-term
operational noise impacts that may occur from HVAC mechanical noise associated with
new residential development. Mitigation measures addressing both the short-and
long-term noise impacts from the project are included in the Mitigation Monitoring and
Reporting Programs and reduce impacts to a less-than-significant level.
PC RESO NO. 7342 -5-Sept. 10, 2019 Item #9 Page 83 of 149
h. · Public Safety -Minimize injury, loss of life, and damage to property resulting from fire,
flood, hazardous material release, or seismic disasters (Goal 6-G.1); enforce the
requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when
reviewing applications for building permits and subdivisions (Policy 6-P.6); enforce the
Uniform Building and Fire codes, adopted by the city, to provide fire protection standards
for all existing and proposed structures (Policy 6-P.34); and ensure all new development
complies with all applicable regulations regarding the provision of public utilities and
facilities (Policy 6-P.39): The proposed structural improvements are required to meet all
seismic design standards and will include fire sprinklers for each unit. Additionally,
Units 1-6, which are located adjacent to open space and Buena Vista Lagoon, are
conditioned to employ under deck/patio fire sprinklers. The project is also required to
develop and implement a program of "best management practices" for the elimination
and reduction of pollutants which enter and/or are transported within storm drainage
facilities and has been conditioned to pay all applicable public facilities fees for Zone 1.
i. Housing -Pursuant to the lnclusionary Housing Ordinance, require affordability for lower
income households of a minimum of 15 percent of all residential ownership and qualifying
rental projects (Policy 10-P.15): As 13 units are proposed, not less than 15 percent of the
total units, or two units, shall be constructed and restricted both as to occupancy and
affordability to lower-income households. Pursuant to CMC Section 21.85.070, when
new construction is determined to be infeasible or presents a hardship, alternatives to
the construction of units onsite include a contribution to a special needs-housing project
or program. On April 28, 2018, the city's Housing Policy Team recommended approval
of the applicant's request to purchase two affordable housing credits from the Tavarua
senior affordable apartments located in the Northwest Quadrant of the city. The project
has been conditioned to enter into an Affordable Housing Agreement prior to the
approval of the final map. The Agreement will require the developer to purchase two
affordable housing credits within the Tavarua senior affordable apartments at time of
building permit issuance.
j. Land Use District 4 Standards -The project as designed is consistent with the
development standards for Land Use District 4, the Village Design Guidelines and other
applicable regulations set forth in the Carlsbad Village Master Plan and Design Manual
(VMP) as discussed in the project staff report. The project is not requesting any
deviations to the development standards.
Coastal Development Permit, CDP 2018-0032
11. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies, in that the project consists of demolition of an
existing office building and single-family residence followed by the subdivision and
development of the project site with 13 new single-family residential condominiums on a parcel
of land designated for residential development. Additionally, the project provides measures
adequate to mitigate impacts to onsite habitat and includes erosion control measures that
protect down slope coastal resources. Lastly, no agricultural activities, sensitive resources,
geological instability, flood hazard, or coastal access opportunities exist onsite, and the
development does not obstruct views of the coastline as seen from public lands or public right-
of-way or otherwise damage the visual beauty of the coastal zone.
PC RESO NO . 7342 -6-Sept. 10, 2019 Item #9 Page 84 of 149
12.
13 .
14.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that an irrevocable offer of dedication for a 25-foot-wide lateral public access way
is labeled on the project exhibit upland of the environmentally sensitive areas and has also been
made a condition of approval in order to provide the public with the right of lateral access along
the Buena Vista Lagoon edge.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design · Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. No development is proposed on natural steep slopes (~25 percent gradient)
and the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction.
The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that no portion of the proposed single-family
residences have been sited any further seaward then those allowed by a line drawn between
the adjacent structures to the east and west; and an irrevocable offer of dedication for a 25-
foot-wide lateral public access way is labeled on the project exhibit upland of the
environmentally sensitive areas and has also been made a condition of approval in order to
provide the public with the right of lateral access along the Buena Vista Lagoon edge.
Hillside Development Permit, HOP 2018-0003
15. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
16. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
17. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that hillside conditions of the project have been properly
identified on the constraints map, which show existing and proposed conditions, and slope
percentages. Undevelopable areas of the project, i.e., slopes over 40 percent, have been
properly identified on the constraints map. New development is set back away from the top of
slope at a 0.7-foot horizontal distance for each 1.0 foot of vertical building height; no slopes
greater than 15 percent are being impacted; and no manufactured slopes are being proposed.
18. That the proposed development or grading will not occur in th~ undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site
does not contain any beaches, significant riparian or woodland habitats, major power
transmission easements or railroad track beds. However, for those portions of the site
containing permanent bodies of water, floodways, significant wetlands or natural slopes ,with
an inclination of greater than 40 percent, these undevelopable portions of the site have been
avoided by development and are protected within a separate open space lot.
19. The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, in that the grading design minimizes the volume of grading
(398 cubic yards per acre) to an "acceptable" level (0 to 7,999 cubic yards per acre); no
manufactured slopes are proposed; and the fencing proposed near the top of the slope consists
PC RESO NO. 7342 -7-Sept. 10, 2019 Item #9 Page 85 of 149
of an open type design (i.e., 42-inch tall clear glass fence) so as not to visually extend the height
of the slope.
20. That the project design and lot configuration minimize disturbance of hillside lands, in that the
significant slope and sensitive habitat areas are being preserved in open space to the maximum
extent practicable.
Habitat Management Permit, HMP 2018-0003
21. That the Laguna Drive Subdivision project parcel is shown in Figure 28 of the approved HMP as a
"Development Area," and located adjacent to an "Existing Hard line Conservation Area," namely
the Buena Vista Lagoon.
22. That authorization to impact sensitive habitats through the removal of 0.09 acres of disturbed
land (Habitat Group F) is subject to continuous compliance with all provisions of the Habitat
Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental
Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the
Incidental Take Permit, and the Biological Opinion.
23. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation mec1sures as stated in the Mitigated Negative Declaration, and Mitigation Monitoring
and Report Program for the Laguna Drive Subdivision and is subject to all conditions contained
in Planning Commission Resolutions No. 7341 for those other approvals, including but not limited
to recordation of conservation easements over all conserved areas and management and
monitoring in perpetuity by a qualified conservation entity.
24. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
25. That all impacts to habitat (0.09 acres of Group-F disturbed land) and all take of species will be
incidental to otherwise lawful activities related to construction and operation of the Laguna Drive
Subdivision project. No take of species of concern is proposed or anticipated.
26. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
13-unit condominium development is proposed on the least environmentally sensitive portion
of the site consisting of HMP Group-F (disturbed land) habitat and all development observes a
100-foot setback from wetlands, namely the Buena Vista Lagoon, which is identified in Figure
28 of the approved HMP as an Existing Hardline Conservation Area. A small patch (0.01 acres)
of HMP Group-A (Freshwater Marsh) habitat, which is located along the northern portions of
the site near the lagoon edge, is within the 100-foot wetland buffer and protected by a
proposed open space lot and future easement as conditioned. In order to prevent negative
effects on the lagoon and the freshwater marsh habitat, mitigation measures have been
included with the project to address the interface between the proposed development and the
lagoon, which includes the 100-foot buffer, fencing, fire management, erosion control,
landscaping restrictions and exotic species control.
PC RESO NO. 7342 -8-Sept. 10, 2019 Item #9 Page 86 of 149
27. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
28. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public. No take of species of concern is proposed or anticipated.
29. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.09 acres of disturbed land (Habitat Group F).
City Council Policy No. 43, Allocation for Excess Dwelling Units
30. That the city's Housing Policy Team recommended approval of the request for an allocation of
12 units from the Excess Dwelling Unit Bank on April 28, 2018.
31. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the Residential Support Area (Land
Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) is intended to
provide for a gradual transition to a mix of higher quality commercial and residential uses which
will provide positive support for the core of the Village, and to reinforce the Village area north
of Beech Street as a quality residential neighborhood.
32. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the Residential Support Area
(Land Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) allows for
residential development at a density range of 28 to 35 dwelling units per acre. Based on a net
acreage of 0.46 acres, the proposed 13-unit residential condominium project has a density of
28.3 dwelling units per acre. As the proposed project falls within the allowable density range
and meets all required development standards, the project is consistent with the General Plan
and the VMP.
33. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
allocate 12 units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report dated
May 31, 2019, less recent allocations, 566 units remain available for allocation in the Village.
PC RESO NO. 7342 -9-Sept. 10, 2019 Item #9 Page 87 of 149
General
34. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
35. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
36. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
37. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created .by
this project and in compliance with adopted city standards.
38. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
39. 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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or approval of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
PC RESO NO. 7342 -10-Sept. 10, 2019 Item #9 Page 88 of 149
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions.or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Tentative Tract Map, Major
Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Major Review Permit, Coastal Development Permit,
Hillside Development Permit and Habitat Management Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with I all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for Laguna Drive Subdivision -CT 2018-
0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Tentative Tract Map, Major Review Permit, Coastal
Development Permit, Hillside Development Permit and Habitat Management Permit, (b) city's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflectingthe conditions approved by the final
decision making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
PC RESO NO. 7342 -11-Sept. 10, 2019 Item #9 Page 89 of 149
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negativ~ Declaration and
Mitigation Monitoring and Reporting Program and is subject to all conditions contained in
Planning Commission Resolutions No. 7341 for those other approvals incorporated herein by
reference.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the Jime of occupancy. A note to this effect shall be placed on the Final Map.
13. Developer shall pay the Citywide Public .Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
14. Prior to the approval of the Final Map, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office
of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map,
Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Permit by Resolution(s) No. 7342 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
15. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the city to purchase two (2) affordable housing
credits from the City of Carlsbad in the Tavarua senior affordable apartments (a combined
offsite affordable ho1,1sing development) located in the Northwest Quadrant of the city to meet
the inclusionary housing requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code
for residential developments. The individual credit purchase shall be the amount in effect at the
time of purchase, as established by City Council Resolution from time to time and shall be
PC RESO NO. 7342 -12-Sept. 10, 2019 Item #9 Page 90 of 149
purchased at the time of building permit issuance. The draft Affordable Housing Agreement shall
be submitted to the City Planner no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
16. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the City has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP), for 0.09 acres of Group-F (disturbed land) habitat.
If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent with
the Habitat Management Plan and the General Plan and any and all approvals forth is project shall
become null and void.
17. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 (FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
18. Developer shall dedicate, on the final map, an open space easement for Lot 2, which is in slopes,
wetlands, and other constrained land, including the 100-foot-wide HMP Wetland Buffer, to
prohibit any encroachment or development, including but riot limited to private residential
fences, walls, decks, storage buildings, pools, spas, stairways, and any private (non-HOA
maintained) landscaping, as shown on Planning Commission Exhibit(s) "A" -"U" dated July 17,
2019.
19. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
20. All plant species specified for planting along the transitional edge facing Buena Vista Lagoon
shall be locally-sourced native species that are indigenous to coastal North County San Diego.
21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
22. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
PC RESO NO. 7342 -13-Sept. 10, 2019 Item #9 Page 91 of 149
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a.
b.
c.
General Enforcement by the city: The city shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the city has an interest.
Notice and Amendment: A copy of any proposed amendment shall be provided to the
city in advance. If the proposed amendment affects the city, the city shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to the city
within 30 days for the official record.
Failure of Association to Maintain Common Area lots and Easements: In the event that
the Association fails to maintain the "Common Area lots and/or the Association's
Easements" as provided in Article _____ _, Section ______ the city shall
have the right, but not the duty, to perform the necessary maintenance. If the city elects
to perform such maintenance, the city shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
city shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform
such maintenance of the Common Area lots and or Association's Easements. The city
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent (6%) of the amount of the invoice.
Thereafter the city may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each lot in the Project for an equal pro rata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
PC RESO NO. 7342 -14-Sept. 10, 2019 Item #9 Page 92 of 149
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
f. Balconies. trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
g. Open Space Lot: The open space shall remain under the ownership and responsibility of
the HOA for the purposes of open space. Any encroachment or development for private
benefit onto said lot shall be prohibited, including but not limited to private: fences,
walls, decks, storage buildings, pools, spas, stairways, and landscaping, etc.
23. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the City-approved documents and exhibits.
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning. If it is determined that the air conditioning equipment
is visible, a parapet screen shall be installed around the units prior to issuance of occupancy, to
the satisfaction of the City Planner.
25. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
26. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each model unit, at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
27. Developer shall post a sign in the sales office, or inside each model unit, in a prominent location
that discloses which special districts and school district provide service to the project. Said sign
shall remain posted until all of the units are sold.
28. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
29. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
PC RESO NO. 7342 -15-Sept. 10, 2019 Item #9 Page 93 of 149
30. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
, 31. Units 1-6, located along the transitional edge facing Buena Vista Lagoon, shall provide under
deck/patio sprinklers to the satisfaction of the City's Fire Marshal.
32. Prior to the approval of the Final Map, Developer shall dedicate an irrevocable 25-foot-wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
Engineering
General
33 . Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
34. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
35. Developer shall establish a homeowner's association and submit to the city engineer an
acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance,
repair, and replacement of shared private improvements within this subdivision, including but not
limited to private driveway, utilities, landscaping, lighting, enhanced paving, and water quality
treatment measures and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision. The homeowner's association shall
provide an annual verification of the effective operation and maintenance of each structural
treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP.
The annual verification shall be submitted to the enforcement official in a format as approved
by the city prior to the start of the rainy season.
36. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
37. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
38. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
39. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
PC RESO NO. 7342 -16-Sept. 10, 2019 Item #9 Page 94 of 149
40. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
41. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
42. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
43. Prior to approval of the grading plans, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities. All material staging, bathroom facilities,
parking of construction vehicles, employee parking, construction fencing, etc. shall be located
outside the public right-of-way unless otherwise approved by the city engineer of construction
management and inspection manager.
Storm Water Quality
44. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
45. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer sha ll
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
46. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
PC RESO NO. 7342 -17-Sept. 10, 2019 Item #9 Page 95 of 149
47. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
48. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public access purposes as shown on the tentative map. The offer shall be
made by a certificate on the final map or separate recorded document. All land so offered shall
be free and clear of all liens and encumbrances and without cost to the city. Additional easements
may be required at final design to the satisfaction of t he city engineer.
49. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems {12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fe.es for private drainage systems.
50. Developer shall design all proposed public improvements including but not limited to sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc. as shown on the Tentative Map/Site Plan. These improvements shall be shown on one of the
following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way. Developer shall prepare a separate
construction bond estimate for the public improvements shown on the grading plans and a
separate subdivision improvement agreement shall be processed for these improvements.
51. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
52. Developer shall ensure utility transformers or raised water backflow preventers that serve this
development are located outside the right-of-way as shown on the Tentative Map and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
53. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map/Site Plan. These improvements include, but
PC RESO NO. 7342 -18-Sept. 10, 2019 Item #9 Page 96 of 149
Utilities
are not limited to: sidewalk, driveway, curb and gutter, water service and meters,
recycled water service and meter and fire service.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
54. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
55. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on the grading
plans.
56. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on the grading plans.
57. The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private
sub-meters as necessary for all proposed units in the building. Final meter design, backflow
preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer
and shown on the grading plans.
PC RESO NO. 7342 -19-Sept. 10, 2019 Item #9 Page 97 of 149
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following: '
58. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
59. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
60. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the city engineer.
61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
63. Developer shall pay a landscape plan check inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
64. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
66. Any signs proposed for this development shall at a minimum be designed in conformance with
the Carlsbad Village Master Plan and Design Manual (VMP) or successor plan and/or the city's
Sign Ordinance and shall require review and approval of the City Planner prior to installation of
such signs.
67. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance
Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available
on the city's website. CAP requirements may impact, but are not limited to, site design and local
building code requirements. If incorporating new CAP requirements results in substantial
modifications to the project, then prior to issuance of development permits, Developer may be
required to submit and receive approval of a Consistency Determination or Amendment for this
project through the Planning Division. Once adopted as part of Title 18 and in effect, compliance
with the new CAP requirements must be demonstrated on or with the construction plans prior to
issuance of the applicable development permits.
PC RESO NO. 7342 -20-Sept. 10, 2019 Item #9 Page 98 of 149
68. New single-family residential developments containing one or more model home(s): A water
efficient landscaping brochure shall be available for each group of adults visiting the model home.
At a minimum, each brochure shall include information describing the water efficient features of
the model's landscaping; resources for additional information regarding water efficiency in
landscaping; contact information for the local water purveyor and Planning Division; and a reference
to the requirements of this landscape manual. A copy of the brochure shall be provided to the
Planning Division prior to the city authorizing temporary occupancy as a model home.
I
69. An educational sign shall be placed in the front yard of each model home so that it is visible and
readable from the roadway. The sign shall be white with black capital lettering at least two inches
high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND
IRRIGATION".
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PC RESO NO. 7342 -21-Sept. 10, 2019 Item #9 Page 99 of 149