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Home My WebLink About2024-01-30; City Council; 02; 2021-2029 Housing Element Rezoning Program (GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/LCPACA Review __AF_ Meeting Date: Jan. 30, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Eric Lardy, City Planner eric.lardy@carlsbadca.gov, 442-339-2712 Robert Efird, Principal Planner robert.efird@carlsbadca.gov, 442-339-5148 Subject: 2021-2029 Housing Element Rezoning Program (GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022-0015/EIR 2022-0007 (PUB 2022-0010) Districts: All Recommended Action That the City Council hold a public hearing and: 1.Adopt a resolution certifying the final environmental impact report and adopting the findings of fact, statement of overriding considerations, and mitigation monitoring and reporting program for amendments to the General Plan Land Use and Community Design Element (Including the Land Use Map), Public Safety Element, Zoning Ordinance, Zoning Map, Bressi Ranch Master Plan, Green Valley Master Plan, Fenton Carlsbad Center Specific Plan, North County Plaza Specific Plan, Westfield Carlsbad Specific Plan, and the Local Coastal Program, based on the findings contained therein (Exhibit 1). 2.Adopt a resolution approving amendments to the General Plan Land Use and Community Design Element, Land Use Map, Public Safety Element, and the Local Coastal Program to implement objectives B, C, and D of Housing Element Program 1.1 and Objective B of Housing Element Program 1.3 (Exhibit 2). 3.Adopt a resolution requiring greater affordability levels for identified properties (Exhibit 3). 4.Introduce an ordinance amending the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code, to implement portions of Objectives B, C, and D of Housing Element Program 1.1 and Objective B of Housing Element Program 1.3 for Map 1 (All Sites), (Exhibit 4). 5.Introduce an ordinance amending the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan (Exhibit 5). Jan. 30, 2024 Item #2 Page 1 of 157 Executive Summary Under state law, the specific purposes of the Housing Element in a city’s General Plan are to assess both current and future housing needs and constraints and establish housing goals, policies and programs that provide a strategy for meeting those identified housing needs. The city’s current Housing Element, adopted by the City Council certified by the State’s Department of Housing & Community Development in 2021, establishes a comprehensive policy framework to guide city decision-making to meet identified housing goals. A central component of the Housing Element is ensuring that there’s there is an adequate number of properties available to accommodate the city’s share of regional housing needs. As mandated by state law, for the 2021-2029 housing cycle, the city must accommodate and plan for a total of 3,873 new housing units. One of the most labor-intensive components of this process is the inventory and analysis of adequate housing sites. The city must determine whether there is enough land available with adequate zoning to accommodate its housing allocations for varying income levels. If it’s unable to accommodate the specified housing quantities at varying income levels, the city must rezone enough land to allow for enough residential development to meet its housing allotment or face significant penalties, which are discussed further below. Although Carlsbad can accommodate a portion of the projected future growth with the existing zoning on property already designated for homes, to meet state requirements, the city needs to rezone enough additional sites by April 2024 to accommodate about 2,600 more multifamily housing units. The city already has the zoning capacity for about 1,300 of the required units. After substantial input from the community, the City Council directed staff on February 15, 2022, to study the environmental impacts of 18 sites for new or expanded housing before deciding which to rezone. The proposed action includes amendments to the Land Use & Community Design Element of the General Plan, updates to related master and specific plans for consistency, and amendments to the city’s zoning ordinance. Additionally, state law mandates that jurisdictions update the public safety element in their general plans in conjunction with updating their housing elements to include data and new information that was not available in the last update in 2015 as well as policies and programs necessary to ensure existing and future development is better protected from various natural and human-caused hazards. The recommended action includes amendments to the city’s Public Safety Element to address state requirements. An environmental analysis of the potential impacts associated with the proposed updates and amendments was prepared and released for public review and the findings were presented before the Planning Commission on Oct. 18, 2023. Following public testimony, discussion and deliberation, the Planning Commission voted to recommend that the City Council certify the environmental documents and adopt updates to the General Plan elements, ordinance amendments and related documents that implements changes to all proposed rezone sites. Additionally, the Housing Commission recommended on Dec. 14, 2023, that the City Council approve a minimum affordability requirement of 20% for non-city owned sites and 40% for city-owned sites identified as part of the process to rezone properties and help meet the city’s housing allotment. That means that 20% of the units in residential developments that were identified as a housing site or Jan. 30, 2024 Item #2 Page 2 of 157 received density increases as part of this rezone program and 40% of those on city-owned sites must be offered at prices that are affordable to lower income families. The actions being presented for the City Council’s consideration are the recommendations of both the Planning Commission and Housing Commission. These actions will help accommodate the city’s housing needs under the city’s adopted Housing Element while balancing the needs of the community and potential environmental impacts with the need to remain in compliance with state housing laws and mandates. Explanation & Analysis Purpose of a Housing Element Local housing is enshrined in state law as a matter of “vital statewide importance” and, since 1969, California has required all local governments to plan to meet the housing needs of everyone in the community through the development of a housing element. The Housing Element is the section of Carlsbad’s General Plan1 that provides a strategy for promoting safe, decent, and affordable housing. Under state law, a city’s housing element: •Identifies its housing conditions and needs •Establishes the goals, objectives and policies that are the foundation of the city’s housing strategy •Provides an array of programs and opportunities to create sustainable, mixed-income neighborhoods across the city The Housing Element must be updated at least every eight years. The city’s current Housing Element was adopted by the City Council on April 6, 2021, and certified by the California Department of Housing & Community Development2 on July 13, 2021. The Housing Element includes policies, programs and objectives showing how the city intends to accommodate its share of housing for the 2021-2029 housing cycle. There are 39 Housing Element programs, which are further divided into 159 program objectives. These objectives identify ongoing efforts the city must implement throughout the housing period and actions the city must accomplish at specified times. Determining the city’s future housing needs Providing housing to meet the needs of all income levels is critical to the social and economic health of a city, and a huge component of the Housing Element is how a jurisdiction plans to address its regional housing needs assessment. This assessment process is the part of state housing law that is used to determine how many new homes, and the affordability of those homes, each local government must plan for in its housing element. This process is repeated every eight years, and, for this housing cycle, the San Diego region is planning for the period from 2021 to 2029. 1 The General Plan is Carlsbad’s long-term blueprint for how it will grow and develop, a comprehensive collection of goals and policies related to a multitude of aspects of community life. In California, cities and counties are required by state law to have a general plan. The city’s General Plan is made up of nine elements: Land Use & Community Design; Mobility; Open Space, Conservation & Recreation; Noise, Public Safety; Arts, Culture, History & Education; Economy, Business Diversity & Tourism; Sustainability; and Housing. 3 Inclusionary housing is a tool of local government that requires a developer to preserve a certain percentage of units in a new housing development as affordable for people with lower incomes. The City of Carlsbad adopted its inclusionary housing ordinance in 1993. It requires that a minimum of 15% of the units within a project be affordable to lower-income families. The program has resulted in the development of about 2,500 affordable units citywide over the past 25 years. Jan. 30, 2024 Item #2 Page 3 of 157 Responsibility for carrying out this process is shared among state, regional, and local governments. Role of the state The state Housing and Community Development department is responsible for identifying the total number of homes each region in California must accommodate to meet the housing needs of people across the full spectrum of income levels, from housing for very low-income households all the way to market rate housing. The state determines how much housing is needed for each region based on several factors, including demographic trends, housing conditions and population forecasts. Role of the region Once the statewide housing need is determined, Housing and Community Development assigns the housing units to the 21 council of governments throughout the state. Once the regional housing needs assessment is determined for the region, each council of governments develops a methodology for how the units will be distributed to its member agencies, the county and local governments. As the council of government for the San Diego region, the San Diego Association of Governments (SANDAG) is responsible for developing the methodology for distributing the housing units required by the state’s assessment among the 18 San Diego cities and, for the unincorporated areas, the County of San Diego. Role of local governments Cities and counties are responsible for participating in the development of the housing allocation methodology and updating their housing elements and local zoning to show how they will accommodate their respective housing needs allocation. To provide adequate housing for the full spectrum of income levels, the allocated number of housing units each jurisdiction must provide for is distributed by varying income categories. The state uses the income categories established by the U.S. Department of Housing and Urban Development (HUD), which groups income ranges for different household types into five income categories: extremely low, very low, low, moderate, and above-moderate household income. HUD bases the household income for each of these categories on a percentage of a particular region’s area median income, or AMI. Carlsbad falls within the San Diego County region, which as of 2023 has a current AMI of $116,800 per year for a four-person household. To help illustrate, the following table shows the varying income categories for a family of four. Breakdown of different income levels based on area median income Income category AMI Family of four1 Extremely low income Less than 30% AMI Less than $41,350 Very low income 30-50% AMI $68,900 Low income 50-80% AMI $110,250 Moderate income 80-120% AMI $140,150 Above moderate income More than 120% AMI More than $140,150 1Assumes income at higher end of the AMI scale Housing and Community Development and SANDAG also use these income categories when allocating the need for housing. Jan. 30, 2024 Item #2 Page 4 of 157 The SANDAG Board of Directors approved the Regional Housing Needs Assessment allocation methodology for the 2021-2029 housing cycle on Nov. 22, 2019, assigning housing requirements to its member agencies. The table below reflects Carlsbad’s housing allocation. Very low Low Moderate Above moderate Total allocation 1,311 units 784 units 749 units 1,029 units 3,873 units As the table shows, over 50% of the allocation serves the housing needs of lower income families. In total, the city needs to allow for the development of nearly 3,900 new housing units to accommodate the growth from 2021-2029 for all income groups as estimated through the housing needs assessment process. Planning for affordable versus building affordable As noted above, local governments are required under state law to ensure that there’s enough land available with adequate zoning to accommodate the number of units they are allocated through the regional housing needs assessment for the entire housing cycle. So, what type of zoning makes a house affordable to an income group? In a word, density. The foundation of Housing Element Law is based on the premise that density is a proxy for affordability. The idea being, the more housing units on a site – the density – translates to lower construction costs per unit, which translates to lower rental and sale prices of those units – the affordability. The Department of Housing and Community Development assigns the following minimum density figures to each income category: Income category % of AMI Minimum density (dwelling units per acre)1 Very low Less than 50% 30 du/ac Low 50-80%30 du/ac Moderate 80-120%15 du/ac Above moderate More than 120% less than 15 du/ac or more 1In Carlsbad, Housing and Community Development has accepted 26.5 dwelling units per acre as the minimum density for the very low- and low-income categories and 11.5 dwelling units per acre as the minimum density for the moderate-income category. This strategy of linking density with affordability may work in areas where utility and land costs are low and market rate housing is naturally affordable to lower income families. However, most local governments, especially those in coastal cities, can attest that higher density development alone rarely — if ever — translates to housing that is affordable at the targeted lower income categories. Given this reality, the state requires that cities develop and implement programs that will help facilitate affordable housing costs, but the programs cannot be too onerous or restrictive to make the housing development financially infeasible to construct. Jan. 30, 2024 Item #2 Page 5 of 157 That means that while cities can impose inclusionary housing requirements,3 requiring new developments include affordable housing, Housing and Community Development generally limits the requirement to no more than 15% to 20% of the total units in the project. This becomes problematic for jurisdictions: While the state requires local governments to ensure that land is adequately zoned to accommodate a total number of units, they must also ensure the constructed units align with assumed income categories. If the newly constructed housing units are not affordable at the targeted income category, the city is required under state law to find other sites to rezone to make up the shortfall. Consider the following hypothetical example: •A city identifies a 10-acre site and applies a 30 dwelling-unit-per-acre zoning designation. In its Housing Element, 300 units are credited towards the city’s low-income regional housing needs allocation. •Later, a developer proposes to build a 290-unit project on the site. Because the city has a 15% inclusionary housing requirement, 44 of the 290 units must be restricted as affordable for low-income. •The project is constructed, and the 246 unrestricted units sell at above-market prices. In this example, the city assumed 300 units would be built on this site and that all of them would be low-income units, but only 290 were constructed and only 44 were restricted for low-income, so the city is obligated to rezone another site or other sites at the appropriate density to make up the 256 low-income unit shortfall. This is why the Department of Housing and Community Development strongly recommends that cities include buffers of at least 30% more units than they were allocated through housing needs assessment process to account for these situations. This reduces the need for the city to constantly look for sites to rezone, and it reduces the city’s risk of falling out of compliance with the state. Addressing the city’s future housing needs shortfall Although Carlsbad can accommodate some of its regional housing needs assessment allocation on property already designated for homes, the city must rezone additional sites to accommodate about 2,600 higher density housing units to meet state requirements and guidelines, as shown in the table below. Very low Low Moderate Above moderate Total RHNA allocation 1,311 Units 784 units 749 units 1,029 units 3,873 units Current zoning 440 units 258 units 422 units 1,713 units 2,833 units Difference 871 units 526 units 327 units N/A 1,724 units +30% buffer 394 units 235 units 225 units N/A 853 units Total units needed 1,265 units 761 units 552 units N/A 2,578 units 3 Inclusionary housing is a tool of local government that requires a developer to preserve a certain percentage of units in a new housing development as affordable for people with lower incomes. The City of Carlsbad adopted its inclusionary housing ordinance in 1993. It requires that a minimum of 15% of the units within a project be affordable to lower-income families. The program has resulted in the development of about 2,500 affordable units citywide over the past 25 years. Jan. 30, 2024 Item #2 Page 6 of 157 Program 1.1 of the city’s certified Housing Element requires the city to make land use changes, that is, to rezone property, to accommodate the city’s share of the regional housing needs assessment. The rezoning effort must be considered and adopted by the City Council by April 2024. After significant and substantial community engagement, the City Council on Aug. 17, 2021, endorsed two maps identifying potential sites for rezoning as well as an accompanying public engagement plan. The City Council also directed staff to release the maps for public review and return to the City Council with a summary of the public input. Most of the sites on the maps had been identified in Appendix C of the approved Housing Element, which was also publicly vetted prior to adoption. At a public meeting, the City Council added four sites for the community’s consideration, all in the city’s Southwest Quadrant, for a total of 18 potential sites (Refer to the City Council staff report provided as Exhibit 8 for more information on this process). Following City Council direction, staff initiated the public engagement plan, enabling stakeholders to participate and comment in different forms on the potential housing sites from Sept. 2 - Oct. 22, 2021. One of the more effective outreach tools was an online interactive map that identified the 18 potential sites and enabled users to click on each site to receive more information, such as a description of the property and the number of housing units possible. The map also provided both aerial and topographic imagery to help identify surrounding features. The results of the community engagement and input effort were presented before the City Council on Feb. 15, 2022. The City Council selected two rezone map options and directed staff to proceed to the next step of the process, which included a complete environmental review of the sites slated to be rezoned. Refer to the staff report provided as Exhibit 9 for more information on this process. Staff studied both maps fully and determined they meet the rezoning objectives. Staff’s recommendation is to adopt Map 1, which provides the city the greatest number of sites. However, Map 2 also provides enough units to satisfy the requirements of Program 1.1 and provide the 30% buffer the state recommended for a city. As an option, resolutions and ordinances to adopt Map 2 are included in Exhibits 6 and 7. The environmental impact report did not identify any additional significant environmental impacts between the two map options. Since the environmental document studied a specified combination of sites as the Map 1 and Map 2 options in their entirety, there is only a limited ability to make changes to the maps without additional environmental review. Additionally, the maps were created to both meet the number of units specified in Housing Element Program 1.1, but also the required distribution of sites in different locations throughout the city. Any action different from adopting one of the two maps would need to be evaluated for compliance with these requirements, and resolutions to adopt the associated documentation would need to be prepared for the City Council’s consideration at a later meeting. Commission discussions & recommendations •Planning Commission On October 18, 2023, the Planning Commission recommended that the City Council certify the environmental documents and adopt the plan and ordinance amendments corresponding with the Map 1 scenario, including all 18 sites analyzed. Eleven speakers commented, expressing support and opposition to some of the sites and concerns about traffic, safety, whether there Jan. 30, 2024 Item #2 Page 7 of 157 was adequate infrastructure and compliance with the city’s Growth Management Plan, among other issues. •Housing Commission On Dec. 14, 2023, the Housing Commission received a staff report providing information only on the site rezoning process and also proposing a greater minimum affordability requirement for city-owned parcels and all other parcels identified as part of the process to rezone properties and help meet the city’s housing allotment. The proposed affordability requirement would require a certain percentage of units in a development to be affordable to lower-income households through rental or deed restrictions and would exceed the 15% affordability requirement of the city’s Inclusionary Housing Ordinance. The commission passed a resolution recommending that a minimum affordability requirement of 20% apply to all non-city owned sites and a 40% requirement apply to city owned sites. The city owned sites include Site 2, The Shoppes at Carlsbad parking lot; Site 6, the Crossings Golf Course Lot 5; and Site 15, the Oak Maintenance Yard. Land value is one of the main contributors to housing cost in the region. This requirement for a higher percentage of affordable housing allows the city to leverage the property ownership by using the land value to offset development costs to provide affordable housing and help meet housing production goals. The commission also recommended that if the amount of required affordable housing is achieved within the current housing cycle, that the City Council may consider reducing the recommended affordability requirement to 15%. Four speakers at the meeting provided input on various topics, including support for the greater requirement and concerns about future housing and adequate parking, increased traffic, and short-term vacation rentals. A speaker also expressed concern about a concentration of affordable housing near Site 8, Cottage Row, which is on the west side of Aviara Parkway south of Palomar Airport Road. Failing to comply with state housing law By not approving the rezones necessary to accommodate the city’s housing unit shortfall by April 2024, the city would be out of compliance with Program 1.1 - Provide Adequate Sites to Accommodate the RHNA of the city’s state-certified Housing Element. Assembly Bill 72, which passed in 2017, authorized Housing and Community Development to review “any action or failure to act” by a city that it determines “inconsistent” with the city’s adopted housing element or Government Code Section 65583 (part of the state’s Housing Element Law), including any failure to implement any programs included in the jurisdiction’s housing element. If Housing and Community Development determines that the city’s action or failure to act does not “substantially comply” with the state Housing Element Law, or the city’s adopted housing element as certified by the state, or the department finds that a city has taken or failed to act in violation of the state Housing Accountability Act, then it may revoke its certification until it determines that the city has come into compliance. Additionally, Housing and Community Development may also notify the California Office of the Attorney General that the city is in violation of state law, and that office may take legal action against the city. Should Housing and Community Development decertify a city’s housing element, the city is then subject to Government Code section 65589.5(d)(5), known as the "builder's remedy." This is a Jan. 30, 2024 Item #2 Page 8 of 157 provision of California's Housing Accountability Act that prevents jurisdictions without a substantially compliant housing element from denying approval for certain housing projects, even if such projects do not comply with the jurisdiction's zoning ordinance or general plan. In other words, developers would be allowed to place housing anywhere in the city, at any density without any discretionary review or approval by the city. Community Engagement Community engagement has been an important part of the Housing Element update process since it began. This has included: •14 meetings of the Housing Element Advisory Committee, which were promoted as opportunities for community input and livestreamed. •Nine news releases announcing opportunities for input or sharing updates throughout the process. •31 email updates to a list of approximately 3,100. •48 posts on social media, including Nextdoor, with a total reach of more than 102,000. •Direct mail notices to more than 4,000 residences six times. •Two online surveys with 5,202 total participants and 4,086 comments. •Two online public workshops with 71 total participants. •Three environmental scoping meetings with 50 total participants. •300+ flyers announcing opportunities for input distributed to city libraries and community centers four times. Fiscal Analysis There is no direct fiscal impact associated with the recommended action. The requirement to build additional housing units in the city will generate additional revenue; however, the timing and amount of this revenue are difficult to predict, so it will be incorporated into the city’s budget on an annual basis. Next Steps Following the City Council’s introduction of the ordinance, it will be scheduled at the City Council’s next meeting for adoption. Thirty days following adoption, the proposed code amendments will become effective outside of the Coastal Zone. The code amendments will not become effective within Carlsbad’s Coastal Zone until the California Coastal Commission approves an amendment to the Local Coastal Program, the planning document for the Coastal Zone. Staff will submit an application to the Coastal Commission for a local coastal program amendment following the City Council’s adoption of the ordinances. City staff will work with Coastal Commission staff to resolve any areas of concern before the Local Coastal Program is presented to the Coastal Commission for its review at a public hearing. Any revisions to the city’s Local Coastal Program that the Coastal Commission approves during its public hearing process will be brought back to the City Council as suggested modifications. The City Council will be able to approve or reject the suggested modifications; however, they would need to be Jan. 30, 2024 Item #2 Page 9 of 157 approved by the City Council in order for the Local Coastal Program to be certified by the Coastal Commission and effective for use in the city. Once the application is deemed complete, the Coastal Commission has 90 days to act on the application. However, Costal Commission staff can administratively extend that deadline by up to 12 months. Considering the size and complexities of the city’s rezoning program, staff anticipate that an extension will be applied, and the Coastal Commission will not act on the proposed amendments until sometime in the fall or winter of 2025. Environmental Evaluation In accordance with the California Environmental Quality Act, the CEQA Guidelines, and the environmental protection procedures of the Carlsbad Municipal Code (Title 19), city staff have prepared a supplemental environmental impact report. This supplemental environmental impact report addresses the environmental impacts associated with the proposed project and analyzes impacts associated with the rezoning program (both Maps 1 and 2 as directed by the City Council). The supplemental environmental impact report outlined five issue areas that are considered significant and unavoidable: air quality, cultural and tribal cultural resources, greenhouse gas emissions, noise, and transportation. As a “programmatic” document, it assessed the overall impacts of the land use changes, the overall program. Site-specific designs will be required before any of the potential projects can be built and will reduce the impacts for each individual project. The purpose of a CEQA document is to complete analysis and inform decision makers and the public of environmental effects of a proposed project. The supplemental environmental impact report and supporting documentation was available for public review from July 14 through August 28, 2023. There were 39 comment letters received and a response to comments document was prepared. The document satisfies all legal requirements to approve the proposed project. Exhibit 1 includes the required findings to certify the supplemental environmental impact report, the mitigation and monitoring program, response to comments, findings of fact and statement of overriding considerations for the listed impacts. Exhibits 1.City Council resolution - Environmental impact report 2.City Council resolution - Map 1 3.City Council resolution - Minimum affordability requirement 4.City Council ordinance - Map 1 5.City Council ordinance - Master and specific plans 6.City Council resolution - Map 2 7.City Council ordinance - Map 2 8.City Council staff report dated Aug. 17, 2021 (on file in the Office of the City Clerk) 9.City Council staff report dated Feb. 15, 2022 (on file in the Office of the City Clerk) 10.Planning Commission Resolution No. 7497 (on file in the Office of the City Clerk) 11.Planning Commission Resolution No. 7498 (on file in the Office of the City Clerk) 12.Planning Commission Resolution No. 7499 (on file in the Office of the City Clerk) 13.Housing Commission Resolution 2023-012 (on file in the Office of the City Clerk) 14.Planning Commission staff report dated Oct. 18, 2023 (on file in the Office of the City Clerk) 15.Planning Commission minutes dated October 18, 2023 (on file in the Office of the City Clerk) 16.Housing Commission staff report dated Dec. 14, 2023 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 10 of 157 17.Housing Commission minutes dated Dec. 14, 2023 18.State Board of Forestry finding regarding the draft Public Safety Element 19.Public comments received Jan. 30, 2024 Item #2 Page 11 of 157 RESOLUTION NO. 2024-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (EIR 2022-0007) AND ADOPTING FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR AMENDMENTS TO THE GENERAL PLAN LAND USE AND COMMUNITY DESIGN ELEMENT, LAND USE MAP, AND PUBLIC SAFETY ELEMENT, THE ZONING ORDINANCE AND ZONING MAP, THE LOCAL COASTAL PROGRAM, AND VARIOUS MASTER AND SPECIFIC PLANS WHEREAS, the City Planner has filed a verified application with the City of Carlsbad regarding amendments to the General Plan Land Use and Community Design Element (including the Land Use Map), Public Safety Element, and associated amendments to the Zoning Ordinance, Zoning Map, Local Coastal Program, and various Master and Specific Plans ("project"), which affects properties citywide; and WHEREAS, an Environmental Impact Report ("EIR"), State Clearinghouse No. 2011011004 (City Planning Case No. EIR 13-02), was prepared and the City Council certified it as complete by City Council Resolution 2015-242 on Sept. 22, 2015, for the General Plan Update; and WHEREAS, the first addendum to the Final EIR 13-02 was prepared for the 2020 Climate Action Plan Update, and was adopted by City Council Resolution 2020-0146 on July 14, 2020; and WHEREAS, the second addendum to the Final EIR 13-02 was prepared for the Housing Element Update 2021-2029, and was adopted by City Council Resolution 2021-073 on April 6, 2021; and WHEREAS, the third addendum to the Final EIR 13-02 was prepared for the Jefferson Mixed Use: Town home and Professional Office Project, and was adopted by City Council Resolution 2022-256 on Nov. 8, 2022; and WHEREAS, pursuant to the California Environmental Quality Act, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the Lead Agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code Section 21166 and CEQA Guidelines Section 15162 require additional environmental review; and WHEREAS, City staff evaluated the environmental impact of the proposed modifications to Exhibit 1 Jan. 30, 2024 Item #2 Page 12 of 157 the project in light of the standards for subsequent environmental review outlined in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. As a result of the proposed modifications to the project, and to document staffs evaluation of the environmental impact of said modifications, staff prepared a Supplemental EIR (EIR 2022-0007) to the Final EIR pursuant to CEQA Guidelines Section 15163. Planning Case No. EIR 2022-0007 (SCH #2022090339) supplements EIR 13- 02 (SCH #2011011004), certified by the City Council on Sept. 22, 2015, for the General Plan Update (GPA 07-02 and other case files); and WHEREAS, the primary purposes of the project analyzed by EIR 2022-0007 is to comply with state law by implementing Housing Element Program 1.1 (provide adequate sites to accommodate the RHNA) and update the Public Safety Element as necessary to comply with recent state legislation; and WHEREAS, pursuant to Public Resources Code Section 21000, et seq. ("CEQA"), and its implementing regulations, California Code of Regulations Title 14 Section 15000, et seq. ("CEQA Guidelines"), the City of Carlsbad published and distributed a Notice of Preparation of EIR 2022-0007 for a 30-day agency and public review period starting on Sept. 14, 2022, and ending on Oct. 14, 2022. The city held two scoping meetings on Sept. 26, 2022 (in-person) and Sept. 28, 2022 (virtual). On Oct. 13, 2022, the city issued an amended Notice of Preparation extending the public comment period to Oct. 26, 2022, and adding a third scoping meeting on Oct. 19, 2022 (in-person). The scoping meetings were aimed at providing information about the proposed project to members of public agencies, interested stakeholders, residents, and community members; and WHEREAS, the Notice of Preparation, amended Notice of Preparation _and comments received during the extended review period are included as Appendix A of the Draft EIR and summarized in Section 1.6 of the Draft EIR 2022-0007; and WHEREAS, also pursuant to CEQA and the CEQA Guidelines, the City of Carlsbad prepared Draft EIR 2022-0007 and made it available for public review and comment as required by law beginning on July 14, 2023, and ending on Aug. 28, 2023; and WHEREAS, the first two Notice of Preparation scoping meetings and public review, and the public review period for Draft EIR 2022-0007, were provided via mailers to all property owners and residents within a 600-foot radius of each housing site. The Notice of Preparation was also filed with the County Clerk, published in the San Diego Union-Tribune, and posted on the city's website. A project-specific page on the city's website, fliers, and social media also aided in general project Jan. 30, 2024 Item #2 Page 13 of 157 awareness; and WHEREAS, the City of Carlsbad received comments concerning the Draft EIR 2022-0007 from public agencies, organizations, businesses and individuals, and pursuant to CEQA Guidelines Section 15088, the City of Carlsbad prepared responses to all written comments received on the Draft EIR 2022-0007 that raised environmental issues; and WHEREAS, the City of Carlsbad has determined that the comments received on the Draft EIR 2022-0007, as well as minor revisions made to the project since the release of the Draft EIR for public review, do not contain any significant new information within the meaning of CEQA Guidelines Section 15088.5 and, therefore, recirculation of Draft EIR 2022-0007 is not required; and WHEREAS, the City of Carlsbad has prepared a Final EIR 2022-0007, which contains the information required by CEQA Guidelines Section 15132, including the Draft EIR 2022-0007 and the revisions thereto, the technical appendices and referenced documents, and the public comments and the city's responses thereto, and which has been filed with the Clerk of the City of Carlsbad; and >-WHEREAS, pursuant to CEQA Guidelines Sections 15091, 15093 and 15097, the City of Carlsbad has prepared Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reportin� Program, which have been filed with the Clerk of the City of Carlsbad; and WHEREAS, all materials with regard to the project were made available to the Planning Commission of the City of Carlsbad ("Planning Commission") for its review, consideration and its recommendation to the City Council of the project including, but not limited to: the Final EIR 2022- 0007, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the environmental consultants and the City of Carlsbad that are before the city decision makers; all documents submitted by members of the public and public agencies in connection with Final EIR 2022-0007; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, Carlsbad Local Coastal Program, and various master and specific plans; and WHEREAS, the city duly noticed a public hearing of the Planning Commission on October 18, 2023, to consider the project and adopted Planning Commission Resolution No. 7497 recommending certification of Final EIR 2022-0007 and adoption of CEQA Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and Jan. 30, 2024 Item #2 Page 14 of 157 WHEREAS, pursuant to the provisions of the Carlsbad Municipal Code, the City Council did, on January 30, 2024, hold a duly noticed public hearing as prescribed by law to consider the Planning Commission recommendation to certify Final EIR 2022-0007 and adopt CEQA Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and WHEREAS, at said public hearing, the City Council heard and considered all testimony and arguments, of all persons desiring to be heard, and examined the Final EIR 2022-0007, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzed the information submitted by staff and considered any written and oral comments received; and WHEREAS, the Record of Proceedings upon which the City Council bases its decision includes, but is not limited to: (1) the Final EIR 2022-0007 and the appendices and technical reports cited in and/or relied upon in preparing the Final EIR, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; (2) the staff reports, city files and records and other documents, prepared for and/or submitted to the city relating to the Final EIR 2022-0007, Findings of Fact and Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, and the project itself; (3) the evidence, facts, findings and other determinations set forth in herein; (4) the General Plan and the Carlsbad Municipal Code; (5) all designs, plans, studies, data and correspondence submitted to the city in connection with the Final EIR 2022-0007, Findings of Fact and Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, and the project itself; (6) all documentary and oral evidence received at public workshops, meetings, or hearings or submitted to the city during the comment period relating to the Final EIR 2022-0007, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and/or elsewhere during the course ofthe review of the project itself; (7} all other matters of common knowledge to the to the city, including, but not limited to, city, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the city and its surrounding areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: Jan. 30, 2024 Item #2 Page 15 of 157 1.That the above recitations are true and correct and material to this resolution; and are incorporated herein by reference. 2.That the City Council has considered the full record before it, which includes the Record of Proceedings. 3.Final EIR 2022-0007 {Attachment A) consists of the Draft SEIR and technical appendices {Attachment B), written comments and responses to comments, revisions to the Draft EIR and a description of revisions to the project, including but not limited to Land Use and Community Design Element and Zoning Ordinance changes and minor revisions to site descriptions, and is hereby found to be in good faith and reason by incorporating a copy of the minutes of the Planning Commission and City Council public hearings into the Final EIR 2022-0007 {Attachment A), on file with the City Clerk and incorporated by this reference. 4.That in determining whether the project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City Council has based its decision on substantial evidence and has complied with CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901{b). Mitigation measures were developed in order to reduce potentially significant environmental impacts to a less than-significant level, in accordance with the Mitigation Monitoring and Reporting Program {Appendix A to Attachment A), on file with the City Clerk and incorporated by this reference. 5.That Final EIR 2022-0007 is adequate and provides good-faith disclosure of available information on the project and all reasonable and feasible alternatives thereto. Final EIR 2022-0007 has determined that any remaining significant effects on the environment found to be unavoidable under CEQA Guidelines Section 15091 are acceptable due to overriding concerns as described in CEQA Guidelines Section 15093. 6.The findings of the Planning Commission contained in Planning Commission Resolution No. 7497, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 7.Final EIR 2022-0007 {Attachment A), on file with the City Clerk and incorporated by this reference, evaluated as stated above, is certified. Jan. 30, 2024 Item #2 Page 16 of 157 8.The Findings of Fact and Statement of Overriding Considerations (Attachment C), and the Mitigation Monitoring and Reporting Program (Appendix A of Attachment A), on file with the City Clerk and incorporated by this reference, are adopted. 9.This action is final on 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: "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 shaU be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. Jan. 30, 2024 Item #2 Page 17 of 157 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of January, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 18 of 157 {k ~ iv Attachment A Housing Element Implementation and Public Safety Element Update - Final EIR 2022-0007 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 19 of 157 Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report State Clearinghouse No. 2022090339 prepared by City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Contact: Scott Donnell, Senior Planner prepared with the assistance of Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 October 2023 Attachment A r RINCON CONSULTANTS, INC. Environmental Scientists I Planners I Engineers rinconconsultants.com Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report State Clearinghouse No. 2022090339 prepared by City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Contact: Scott Donnell, Senior Planner prepared with the assistance of Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 October 2023 r RINCON CONSULTANTS, INC. Environmental Scientists I Planners I Engineers rinconconsultants.com This report prepared on 50% recycled paper with 50% post-consumer content. Table of Contents Final Supplemental Environmental Impact Report i Table of Contents 1 Introduction ................................................................................................................................ 1-1 1.1 Final SEIR Contents ......................................................................................................... 1-1 1.2 Draft SEIR Public Review Process .................................................................................... 1-1 1.3 SEIR Certification Process and Project Approval ............................................................. 1-2 1.4 Draft SEIR Recirculation Not Required ............................................................................ 1-2 2 Responses to Comments on the Draft EIR .................................................................................. 2-1 2.1 Public Agency Comments and Responses ....................................................................... 2-2 2.2 Organization Comments and Responses ...................................................................... 2-36 2.3 Individuals Comments and Responses .......................................................................... 2-72 3 Revisions to the Draft SEIR ......................................................................................................... 3-1 4 CEQA Implications for Changes to the Proposed Project ........................................................... 4-1 4.1 Project Changes and Clarifications.................................................................................. 4-1 4.2 Environmental Implications ............................................................................................ 4-1 Appendices Appendix A Mitigation Monitoring and Reporting Program City of Carlsbad Housing Element Implementation and Public Safety Element Update ii This page intentionally left blank. Introduction Final Supplemental Environmental Impact Report 1-1 Introduction 1.1 Final SEIR Contents This Final Supplementation Environmental Impact Report (Final SEIR) has been prepared by the City of Carlsbad to evaluate the potential environmental impacts of the proposed Housing Element Implementation and Public Safety Element Update Project (“proposed project”). Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15088 and 15132, the lead agency, the City of Carlsbad, is required to evaluate comments on environmental issues received from persons who have reviewed the Draft SEIR and to prepare written responses to those comments. This document, together with the Draft SEIR (incorporated by reference) comprise the Final SEIR for this project. This Final SEIR includes individual responses to each letter received during the public review period for the Draft SEIR. In accordance with CEQA Guidelines Section 15088(c), the written responses describe the disposition of significant environmental issues raised. The City has provided a good faith effort to respond to all significant environmental issues raised by the comments. The Final SEIR also includes amendments to the Draft SEIR consisting of changes suggested by certain comments, as well as minor clarifications, corrections, or revisions to the Draft SEIR. The Final SEIR includes the following contents:  Chapter 1: Introduction  Chapter 2: Responses to Comments on the Draft SEIR, which also includes a list of all commenters and public comment letters  Chapter 3: Revision to the Draft SEIR  Chapter 4: CEQA Implications for Changes to the Proposed Project The Mitigation and Monitoring Program (MMRP) is included as Appendix A to this document. 1.2 Draft SEIR Public Review Process The City filed a notice of completion (NOC) and posted the Notice of Availability of a Draft SEIR (NOA) and the Draft SEIR with the Governor’s Office of Planning and Research to begin the 45-day public review period (Public Resources Code [PRC] Section 21161), which began on July 14, 2023 and ended on August 28, 2023. The NOA was published on July 14, 2023 in the Coast News and the San Diego Union Tribune and filed with the San Diego County Clerk. Copies of the Draft SEIR were made available at three libraries (Carlsbad City Library, 1775 Dove Ln.; Georgina Cole Library, 1250 Carlsbad Village Dr.; and the Carlsbad City Library Learning Center, 3368 Eureka Pl.) and at the city’s Faraday Center, 1635 Faraday Ave. The Draft SEIR was also available online at www.carlsbadca.gov/housingplan and the Planning Division’s webpage at https://www.carlsbadca.gov/departments/community-development/planning/agendas-minutes- notices. Additionally, the city notified all property owners and occupants within 600-feet of each housing site of the availability of the Draft SEIR and comment period. As a result of these notification efforts, 39 written comments on the content of the Draft SEIR were received. Chapter 2, Responses to Comments on the Draft SEIR, identifies these commenting parties, their respective comments, and responses to these comments. None of the comments 1 City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-2 received, or the responses provided, constitute “significant new information” by CEQA standards (State CEQA Guidelines CCR Section 15088.5). 1.3 SEIR Certification Process and Project Approval Before adopting the proposed project, the lead agency is required to certify that the SEIR has been completed in compliance with CEQA, that the decision-making body reviewed and considered the information in the SEIR, and that the SEIR reflects the independent judgment of the lead agency. Upon certification of an SEIR, the lead agency makes a decision on the project analyzed in the SEIR. A lead agency may: (a) disapprove a project because of its significant environmental effects; (b) require changes to a project to reduce or avoid significant environmental effects; or (c) approve a project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (State CEQA Guidelines Sections 15042 and 15043). In approving a project, for each significant impact of the project identified in the SEIR, the lead or responsible agency must find, based on substantial evidence, that either: (a) the project has been changed to avoid or substantially reduce the magnitude of the impact; (b) changes to the project are within another agency's jurisdiction and such changes have or should be adopted; or (c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (State CEQA Guidelines Section 15091). Per PRC Section 21061.1, feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account, economic, environmental, legal, social, and technological factors. If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision and explains why the project’s benefits outweigh the significant environmental effects (State CEQA Guidelines Section 15093). When an agency makes findings on significant effects identified in the SEIR, it must adopt a reporting or monitoring program for mitigation measures that were adopted or made conditions of project approval to mitigate significant effects (State CEQA Guidelines Section 15091[d]). 1.4 Draft SEIR Recirculation Not Required CEQA Guidelines Section 15088.5 requires Draft SEIR recirculation when comments on the Draft SEIR or responses thereto identify “significant new information.” Significant new information is defined as including: A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 1. 2. 3. 4. Introduction Final Supplemental Environmental Impact Report 1-3 The comments, responses, and Draft SEIR amendments presented in this document do not constitute such “significant new information;” instead, they clarify, amplify, or make insignificant modifications to the Draft SEIR. For example, none of the comments, responses, and Draft SEIR amendments disclose new or substantially more severe significant environmental effects of the proposed project, or new feasible mitigation measures or alternatives considerably different than those analyzed in the Draft SEIR that would clearly lessen the proposed project’s significant effects. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-4 This page intentionally left blank. City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Responses to Comments on the Draft SEIR This chapter contains copies of the comment letters received during public circulation of the Draft Supplemental Environmental Impact Report (SEIR) prepared for the Housing Element Implementation and Public Safety Element Update Project (proposed project). The City of Carlsbad received 39 comment letters on the Draft SEIR during the 45-day comment period. Comments and responses to comments are organized by public agency comments and responses (Group A), organization comments and responses (Group B), and individual comments and responses (Group C). The commenters and the page number on which each commenter’s letter appear are listed below. Letter Number and Commenter Page No. Public Agencies (Federal, State, Regional, Local, Tribal) (A) A1 San Diego County Regional Airport Authority 2-3 A2 California Geological Survey (CGS) 2-5 A3 Rincon Band of Luiseño Indians 2-8 A4 California Department of Fish and Wildlife (CDFW) 2-14 A5 California Department of Transportation (Caltrans) 2-23 A6 North County Transit District (NCTD) 2-29 Organizations (B) B1 Colleen Reilly, Carlsbad Research Center Owners Association Board of Directors 2-37 B2 Saahil Khandwala, Alps Group 2-41 B3 Tony Pauker, Brookfield Properties Development 2-61 B4 Raymond Bower, Rancho Carlsbad Owners Association 2-67 Individuals (C) C1 Donald Sonck 2-73 C2 Larry Hammer 2-75 C3 Megan Gonzalez 2-77 C4 Kervin Krause 2-79 C5 Michelle Miller 2-81 C6 Vicki Robertson 2-83 C7 Kim Geraghty 2-85 C8 Sharyl Hess 2-87 C9 Lori Robbins 2-90 C10 Christine Amato 2-92 C11 Laurie Weinberger 2-95 C12 Liberato Tortorici 2-97 C13 Robert Rodewald 2-113 C14 Yolanda Higgins 2-115 C15 Michelle Soos 2-117 C16 Christopher Byrum 2-119 2-1 2 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter Number and Commenter Page No. C17 Cheri White 2-121 C18 Bradford Robbins 2-123 C19 D. Lech 2-125 C20 Luigi Persico 2-129 C21 Jeff Johnson 2-131 C22 Chris Galindo 2-134 C23 Mike Geraghty 2-137 C24 Dale Ordas 2-142 C25 Teri Jacobs 2-146 C26 Ellen Fawls 2-148 C27 Christine Amato 2-150 C28 Annette Swanton 2-152 C29 Patrick Kerins 2-154 The comment letters and responses follow. The comment letters are numbered sequentially and each separate issue raised by the commenter, if more than one, has been assigned a number. The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response A1-1, for example, indicates that the response is for the first issue raised in Comment Letter A1). Responses focus on comments that raise important environmental issues or pertain to the adequacy of analysis in the Draft SEIR or to other aspects pertinent to the potential effects of the proposed project on the environment pursuant to CEQA. Comments that address policy issues, opinions or other topics beyond the purview of the Draft SEIR or CEQA are noted as such for the public record. Many commenters provided comments on the proposed project, rather than on the adequacy of the information or analysis in the Draft SEIR. Where comments are on the merits of the proposed project rather than on the Draft SEIR, these are also noted in the responses. While the commenters’ statements related to the proposed project are noted, they do not address the analysis or conclusions of the Draft SEIR specifically. As stated in Section 15088 of the CEQA Guidelines, “The lead agency shall evaluate comments on environmental issues received from persons who reviewed the Draft SEIR and shall prepare a written response. The lead agency shall respond to comments raising significant environmental issues received during the noticed comment period…” As stated in the Guidelines, the lead agency is only required to evaluate comments on environmental issues. Nonetheless, all comments will be forwarded to the City of Carlsbad Planning Commission and City Council for their consideration. Where appropriate, the information and/or revisions suggested in the comment letters have been incorporated. These revisions are included in Chapter 3, Revisions to the Draft SEIR, of this Final EIR. 2.1 Public Agency Comments and Responses This section provides each letter received from public agencies in response to the Draft SEIR, with specific comments identified with a comment code in the margin. Public agencies include federal, state, regional or local agencies as well as tribal governments. Following the letters, responses to the comments are provided. 2-2 1 From:Gowens Ed <egowens@san.org> Sent:Thursday, July 27, 2023 2:57 PM To:Scott Donnell Subject:RE: Housing Element SEIR Notice Hi, Scott, We are in receipt of the notice sent to our agency via certified mail about the availability of the supplemental EIR for the Housing Element Implementation and Public Safety Element Update. It went through another department to get to us, so, if possible, I recommend that “Airport Land Use Commission” be appended as a second line to Airport Authority on your mailing list for our agency address to ensure proper routing of any future mailings regarding our ALUC function. As I had advised in my earlier message, I understand from the project description that this will involve rezones and amendments of land use plan designations, and, if any of those subject properties are located within the noise contours and/or safety zones of the McClellan-Palomar Airport Influence Area, those will require a consistency determination from us before Council action. Let me know if you have any questions. Regards, Ed Gowens Senior Airport Planner Airport Land Use Commission San Diego County Regional Airport Authority  Post Office Box 82776 San Diego, California 92138-2776 voice (619) 400-2244 All correspondence with this email address is a matter of public record subject to third party review. Is it worth a tree to print me?  From: Scott Donnell <Scott.Donnell@carlsbadca.gov> Sent: Tuesday, September 20, 2022 7:52 AM To: Gowens Ed <egowens@san.org> Subject: RE: General Plan & Zoning Ordinance Update Hi Ed, Yes all is well and always good to hear from you. Thanks for the reminder about the consistency determination. Getting the NOP out was important, but I know there’s much additional work to do such as this consistency determination. Thanks. Letter A1 1 2 2-3 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A1 COMMENTER: Ed Gowens, Senior Airport Planner, San Diego County Regional Airport Authority DATE: July 27, 2023 Response A1-1 The commenter states they received the notice of availability (NOA) for the Supplemental EIR through another department. The commenter requests that “Airport Land Use Commission” be appended as a second line to Airport Authority on the city’s mailing list for the San Deigo County Regional Airport Authority’s address to ensure proper routing of any future mailings. This comment is noted and future correspondence will be directed to Airport Land Use Commission as requested. Response A1-2 The commenter states that if any of the properties subject to rezones and land use designation changes are located within the noise contours and/or safety zones of the McClellan-Palomar Airport Influence Area, they will require a consistency determination from the San Diego County Regional Airport Authority before Council action. Subsection 2.6, Required Approvals, in Section 2, Project Description, of the Draft SEIR acknowledges that the proposed project would likely require approval from the San Diego County Regional Airport Authority (Airport Land Use Commission) and the Federal Aviation Administration. As discussed in Section 4.7, Hazards and Hazardous Materials, of the Draft SEIR, a portion of Site 10 is within Zone 2 - Inner Approach/Departure Zone, and a portion of Site 9 is within Zone 3 - Inner Turning Zone. In addition, the remaining portions of Sites 9 and 10 as well as Sites 4, 6, 7, 8, and 11 are within Zone 6 - Traffic Pattern Zone. For development within the Review Areas, new development proposals must process a site development plan or other development permit and be found consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety airspace protection, and overflight, as contained in the ALUCP. The project would be subject to the land use compatibility policies 2.6, 3.5, and 3.6 in the McClellan–Palomar ALUCP, directing the Airport Land Use Commission to review land use actions which may have noise or safety concerns and real estate disclosures regarding overflight compatibility for sites in the Airport Influence Area. Additionally, as discussed in Table 4.7-1, the proposed project would be consistent with policies within the ALUCP. As discussed in Section 4.10, Noise, of the Draft SEIR, Sites 6, 8, 9, and 16 are located within the 60 to 65 dB CNEL noise contour of the McClellan-Palomar Airport. None of the sites are located within the noise contours above 65 dB CNEL except for a small portion of northern corner of Site 9 which is within the 65-70 dB CNEL noise contour. Although a small portion of Site 9 is within the 65-70 dB CNEL noise contour, a project has been approved at this site for 192 units that included its own project-level CEQA review. The portion of the project site in the 65-70 dB CNEL noise contour is also within Safety Zone 3 and would include low density units to comply with ALUCP policies. The project was found not to conflict with ALUCP policies related to safety or noise. Overall, the Draft SEIR acknowledges that approvals from the Airport Land Use Commission would be required for the proposed project and no changes to the SEIR are required in response to this comment. 2-4 1 From:Olson, Brian@DOC <Brian.Olson@conservation.ca.gov> Sent:Wednesday, August 16, 2023 4:31 PM To:Scott Donnell Cc:OLRA@DOC; OPR State Clearinghouse; Schmidt, Anna@DOC Subject:City of Carlsbad - Housing Element Implementation and Public Safety Update SCH Number 2022090339 Lead Agency City of Carlsbad Document Title Housing Element Implementation and Public Safety Update Document Type SIR - Supplemental EIR Received 7/13/2023 Hello Scott, Thank you for providing the City’s Notice of Preparation (NOP) of a Supplemental EIR for our review. This email conveys the following recommendations from CGS concerning geologic and seismic hazard issues in the provided General Plan documents: 1. Tsunami Hazards The EIR provides a discussion of tsunami inundation hazards within the City of Carlsbad and provides a figure depicting “Maximum Tsunami Projected Runup” zones mapped by the County of San Diego. The Supplemental EIR should also discuss and depict CGS Tsunami Hazard Areas (THAs), which are mapped along the entire California coast. The purpose of a THA is to assist public agencies in identifying their exposure to tsunami hazards. It is intended for local jurisdictional, coastal evacuation planning uses only. Additional information and map files can be found at the links below: https://www.conservation.ca.gov/cgs/tsunami https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=regulatorymaps https://www.conservation.ca.gov/cgs/Documents/Publications/Tsunami- Maps/Tsunami_Hazard_Area_Map_San_Diego_County_a11y.pdf The City should also check to see if any re-zone sites are included in a Tsunami Design Zone established by the California Building Code (CBC). The CBC requires certain design standards for essential/critical or larger structures within these zones. The following website provides additional information regarding Tsunami Design Zones: https://asce7tsunami.online/. Please let me know if you have any questions. 1 Letter A2 2 2-5 2 @CAgeosurvey FOLLOW US! Brian Olson, CEG Senior Engineering Geologist Seismic Hazards Program California Geological Survey 320 W. 4th Street, Suite 850, Los Angeles, CA 90013 M: (213) 507-1080 E: Brian.Olson@conservation.ca.gov “A team is not a group of people who work together. A team is a group of people who trust each other.” – Simon Sinek ONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2-6 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A2 COMMENTER: Brian Olsen, Senior Engineering Geologist, California Geological Survey DATE: August 16, 2023 Response A2-1 The commenter states that the Draft SEIR includes a “Maximum Tsunami Projected Runup” zone map as mapped by the County of San Diego. The commenter states that the SEIR should discuss and depict California Geological Survey (CGS) Tsunami Hazard Areas (THA). The commenter states that the purpose of the THA is to assist agencies in identifying their exposure to hazards. The commenter’s request has been noted and Figure 4.8-4 of the Draft SEIR has been revised to include CGS mapping. The revised Figure is included in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A2-2 The commenter states that the city should check to see if any housing inventory sites fall within a Tsunami Design Zone established by the California Building Code (CBC). None of the rezone sites are located in a Tsunami Design Zone established by the CBC.1 Nonetheless, all specific project development would be required to comply with all regulations and requirements set forth by FEMA and the CMC, as well as policies 6-P.1 through 6-P.12 of the Public Safety Element Update which would implement and develop flood control programs and require installation of protective structures to minimize impacts of flooding. 1 CBC Tsunami Design Zones: https://asce7tsunami.online/ 2-7 Rincon Band of Luiseño Indians CULTURAL RESOURCES DEPARTMENT One Government Center Lane | Valley Center | CA 92082 (760) 749-1092 | Fax: (760) 749-8901 | rincon-nsn.gov Bo Mazzetti Chairman Tishmall Turner Vice Chair Laurie E. Gonzalez Council Member John Constantino Council Member Joseph Linton Council Member August 16, 2023 Sent via email: scott.donnell@carlsbadca.gov City of Carlsbad Mr. Scott Donnell 1635 Faraday Ave. Carlsbad, CA 92008 Re: GPA2022-0001 Housing Element Implementation and Public Safety Element Update, City of Carlsbad, California (GPA 2022-0001/ZC 2022-0001/ZCA 2022-0004/LCPA 2022-0015/EIR 2022-0007 (PUB 2022- 0010) Dear Mr. Donnell, This letter is written on behalf of the Rincon Band of Luiseño Indians (“Rincon Band” or “Tribe”), a federally recognized Indian Tribe and sovereign government. Thank you for providing us with the Notice of Availability of a Supplemental Environmental Impact Report (SEIR) and ongoing consultation on the City of Carlsbad Housing Element Implementation and Public Safety Element Update project. The Tribe would like to remind the city that under the CEQA Guidelines, generally an EIR may not include or publicly disclose information that is protected against disclosure under the California Public Records Act (Govt C §§6250–6276.48). The following information has potential to identify locations of tribal cultural significance and we ask for omission or reduction of the letter for the public record. Rincon’s Tribal Historic Preservation Office (THPO) has reviewed the draft SEIR and we have the following project specific concerns and comments: The Tribe asks that the SEIR will state that proposed housing sites will require a complete environmental review under the California Environmental Quality Act (CEQA) including Letter A3 1 2 3 4 2-8 consulting with the Rincon Band under AB52 to provide the opportunity to further identify and assess impacts to Tribal Cultural Resources and historic properties. The Tribe understands that the “city proposes under this project to undergo both General Plan land use and zoning map amendments as necessary to permit housing on the 18 rezone sites identified in the Housing Element and as directed by City Council in February 2022”. Again, the Tribe would reiterate that we request that no CEQA exemptions will apply as proposed construction may impact tribal cultural resources and historic properties. Additionally, we understand that the city anticipates that future construction projects within the proposed housing sites, will potentially be CEQA exempt. The Tribes would like to learn how the City will address such project proposals that have potential to impact tribal cultural resources under their grading policy and other regulations. As stated throughout our consultations, the Tribe recommends further consultation with the Rincon Band on Open Space designations within the City of Carlsbad. This would allow further protection of the city’s cultural heritage to dedicate Open Spaces on properties with known significant cultural resources. The Tribe has also general concerns regarding the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (2017)1 which have been referenced in the SEIR to regulate cultural resources treatment and protection measures. The Tribe would like to reiterate our concerns regarding the interpretation of the guidelines and implications to the cultural mitigation measures as utilized by the city. As per Council Policy Statement from February 23, 2016, the purpose of the Tribal Cultural Resource Protection is for “the City of Carlsbad [to] recognize its responsibility to protect with improved certainty the important historical and cultural values of current Tribal Cultural Resources within the City limits and to establish an improved framework for the City's consultations with Native American Tribes that are traditionally and culturally affiliated with the City of Carlsbad including the San Luis Rey Band of Mission Indians.” The Tribe is concerned that the city seems to have interpreted this statement to the point that the San Luis Rey Band of Mission Indians is the sole affiliated Tribe, which is mostly reflected in the current standard cultural mitigation measures which do not afford the Rincon Band equal consultation opportunities. The THPO would like to draw again attention to the fact that different Luiseño Bands have geographical associations and historical and living relationships to various places, landscapes, and resources throughout the diverse Luiseño ancestral territory and traditional cultural landscape. This includes the Rincon Band’s irrevocable ties to the lands and waters of what today is called the City of Carlsbad. From our ongoing consultation with the city, we understand that further consultation with the Tribe regarding the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines will occur. As we believe this to be a thoughtful longer process, we would like to learn what immediate steps the city will take to address our following concerns: -We ask that the Rincon Band is being afforded to also consult on what is identified in the SEIR (4.4-23) as “two standard treatments applicable to historical resources which may be used to mitigate impacts”, such as consultation on any interpretive or educational materials including panels etc. 1 637425976516870000 (carlsbadca.gov) 4 cont. 5 6 7 8 2-9 -Additionally, the current Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines limit the Tribe’s involvement and prevents engagement between the Tribe and the city in regard to any cultural resources’ assessments or treatments. For example, segments 8.0 Tribal Cultures Resources Procedures and Section 9.0 Cultural Resources Procedures, which include withholding project consultation opportunities from the Rincon Band such as 8.1.1.1 Procedure for Pre-NOE Consultation with the SLRBMI; Section 8.2.2.4 Tribal monitoring, which omits any consideration of cultural resources being returned to affiliated Tribes other than SLRBMI, and ignoring knowledge and tribe-specific expertise in determination of significance of findings. The Tribe would like to learn how the city will address these concerns in the SEIR. The Tribe is looking forward to further consultation on the project. If you have additional questions or concerns, please do not hesitate to contact our office at your convenience at (760) 749-1092 or via email at cmadrigal@rincon- nsn.gov. Thank you for the opportunity to protect and preserve our cultural assets. Sincerely, Cheryl Madrigal Tribal Historic Preservation Officer Cultural Resources Manager 9 2-10 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A3 COMMENTER: Cheryl Madrigal, Tribal Historic Preservation Officer, Rincon Band of Luiseño Indians DATE: August 16, 2023 Response A3-1 The commenter writes on behalf of the Rincon Band of Luiseño Indians and thanks the City of Carlsbad for providing ongoing consultation. The comment is noted. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A3-2 The commenter reminds the city that the Draft SEIR should not include or publicly disclose information that is protected against disclosure under the California Public Records Act, and requests information that has the potential to identify locations of tribal cultural significance to be omitted or reduced. The City of Carlsbad acknowledges the commenter’s request for their comments to be redacted. The comment does not address the adequacy or accuracy of information provided in the Draft SEIR; therefore, no further response is required. Response A3-3 This comment has been redacted at the request of the commenter. Nonetheless, Section 4.4, Cultural and Tribal Cultural Resources, of the Draft SEIR, development facilitated by the proposed project has the potential to adversely impact tribal cultural resources. Future development would be subject to AB 52 as required by CEQA and would be subject to the Carlsbad Cultural Resource Guidelines. These Guidelines address identification and treatment of tribal cultural resources that may be impacted as a result of development associated with the proposed project. Therefore, potential impacts to tribal cultural resources would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines and implementation of Mitigation Measure CUL-1, as listed in Chapter 3, Revisions to the Draft SEIR. Please see Response A3-5 for an explanation of this added mitigation measure. Response A3-4 The commenter requests that the Draft SEIR state that some of the proposed housing sites require a complete environmental review under CEQA including consulting with the Rincon Band under AB 52. At the request of the commenter, the exact sites have been redacted. Please also see Response A3-3. Response A3-5 The commenter requests no CEQA exemptions to apply since proposed construction of the 18 rezone sites could impact tribal cultural resources and historic properties. The commenter 2-11 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report understands the city anticipates that future construction projects would potentially be CEQA exempt, and states that the Tribes would like to learn how the city will address project proposals that have the potential to impact tribal cultural resources under their grading policy and other regulations. While the comment is acknowledged, some future development proposals on the rezone sites could meet the criteria for a CEQA exemption, some future development could meet the criteria for streamlining under CEQA, and based on project specific impacts, some future development may require project specific CEQA analysis be conducted prior to project approval and issuance of any construction or building permits. In each case, future development will be reviewed by city staff to determine the appropriate level of CEQA analysis required. Nonetheless, development on all 18 rezone sites is analyzed in the Draft SEIR. Development of rezone sites may not be subject to CEQA due to either an exemption or ministerially processing. Thus, notification of the opportunity to consult on the pending development to California Native American tribes such as under AB 52 would not be required. Further, if development does not require an amendment to the General Plan or a specific plan, notification would also not be required under SB 18. The city anticipates that ministerial or “by right” processing may occur on the rezone sites. For this reason, project amendments to the RD-M Zone (Chapter 21.24 of the Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) propose this requirement: Housing developments that contain a minimum of 20 percent affordability to lower‐income households as required by Government Code section 65583(c)(1) and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element shall be permitted “by right” as that term is defined in Government Code Section 65583.2(h) and shall be subject to the mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 202X-XXX. The city’s development permitting system will flag each rezone site to require compliance with the mitigation measures when applications are submitted and before permits are issued. “Flagging” in the system is already a common city practice, such as for ensuring payment of fees prior to development approval. Additionally, a new mitigation measure has been added to address project proposals that have the potential to impact tribal cultural resources. Please see Chapter 3, Revisions to the Draft SEIR, for the text of the new mitigation measure (Mitigation Measure CUL-3) and the revised impact analysis for Section 4.4, Cultural and Tribal Cultural Resources, of the Draft SEIR. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A3-6 The commenter recommends further consultation on open space designations with the city, which would allow further protection of the city’s cultural heritage to dedicate open space on properties with known significant cultural resources. The comment is noted. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. 2-12 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response A3-7 The commenter expresses concerns regarding the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (2017) referenced in the Draft SEIR, including interpretation of the guidelines and implications to the cultural mitigation measures utilized by the city. The commenter references Council Policy Statement from February 23, 2016, which says the purpose of the Tribal Cultural Resource Protection is for “the City of Carlsbad [to] recognize its responsibility to protect with improved certainty the important historical and cultural values of current Tribal Cultural Resources within the City limits and to establish an improved framework for the City's consultations with Native American Tribes that are traditionally and culturally affiliated with the City of Carlsbad including the San Luis Rey Band of Mission Indians.” The commenter expresses concern that the city has misinterpreted this statement to the point that the San Luis Rey Band of Mission Indians is the sole affiliated Tribe, which is reflected in the current standard cultural mitigation measures which do not afford the Rincon Band equal consultation opportunities. The comment is in reference to the Council Policy Statement and specific sample mitigation measures as they are adopted. Any updates to the guidelines will be a public process. Response A3-8 The commenter requests for consultation on the “two standard treatments applicable to historical resources which may be used to mitigate impacts” as outlined on Page 4.4-23 of the Draft SEIR. These are sample standard treatments in the existing Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (2017). They are not the limit of potential measures and guidelines. Each future project will be evaluated consistent with the guidelines in place. Response A3-9 The commenter expresses the opinion that the current Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (2017) limits the Tribe’s involvement and prevents engagement between the Tribe and the city in regard to any cultural resources’ assessments or treatments. The Tribe requests for the city to address these concerns in the Draft SEIR. The city is committed to completing consultation consistent with California and CEQA laws and regulations. 2-13 wildlife.ca.gov STATE OF CALIFORNIA • NATURAL RESOURCES AGENCY Gavin Newsom, Governor DEPARTMENT OF FISH AND WILDLIFE Charlton H. Bonham, Director South Coast Region 3883 Ruffin Road | San Diego, CA 92123 wildlife.ca.gov August 25, 2023 Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Scott.Donnell@carlsbadca.gov Subject: Housing Element Implementation and Public Safety Element Update, Draft Supplemental Environmental Impact Report (SEIR), SCH #2022090339 Dear Scott Donnell: The California Department of Fish and Wildlife (CDFW) received a Notice of Availability (NOA) of a Supplemental Environmental Impact Report (SEIR) from the City of Carlsbad for the Housing Element Implementation and Public Safety Element Update (Project) pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 CDFW previously provided comments on the Notice of Preparation for the Project on October 24, 2022. Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000. Aug 25 2023 Letter A4 1 2-14 Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 2 of 7 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. The City of Carlsbad has an approved and permitted Subarea Plan (City of Carlsbad Habitat Management Plan (HMP)) under the subregional North County Multiple Habitat Conservation Program (MHCP). The City adopted their HMP in December 1999; CDFW and the U.S. Fish and Wildlife Service (USFWS) (jointly, the Wildlife Agencies) granted final approvals, including an Implementing Agreement (IA), in November 2004. The SEIR for the proposed Project must ensure and verify that all requirements and conditions of the HMP and IA are met. The SEIR should also address biological issues that are not addressed in the HMP and IA, such as specific impacts to and mitigation requirements for wetlands or sensitive species and habitats that are not covered by the HMP and IA. PROJECT DESCRIPTION SUMMARY Proponent: City of Carlsbad (City) Objective: The SEIR is a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse #2011011004), certified in 2015. The Project consists of updates to the City’s General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the City’s Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in State law. The Project proposes to change of land use and zoning designations on 18 sites (rezone sites) to facilitate residential development. The rezone sites consist of properties currently designated for low-density residential, commercial, industrial, or public land uses. As proposed, the rezone sites will be partially or entirely redesignated to medium or high-density residential land use 1, cont. 2 3 2-15 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 3 of 7 designations. Based on the SEIR and our August 16, 2023, discussion with City staff (Rosanne Humphrey), it is our understanding that Project approval would not include approval of any physical development (e.g., construction of housing or infrastructure); however, the SEIR assumes that such actions are reasonably foreseeable future outcomes of the Project. Any future development projects would be further evaluated for consistency with the City’s HMP and proposed HMP Minor Amendments would be evaluated in coordination with the Wildlife Agencies. Location: The Project incorporates 18 rezone sites, numbered as Site 1 through 18, located within the City’s jurisdiction and HMP Plan Area. Several of the proposed sites are located within the California Coastal Zone. In addition, four of the sites (Sites 4,6,9,17) are located within or adjacent to a Standards Area, Proposed Hardline, and/or Existing Hardline identified in the HMP. Biological Setting: The diverse habitats of the City support a wide variety of biological resources, including many species listed under CESA, the federal Endangered Species Act (ESA), as well as Narrow Endemics (NE), Obligate Wetland Species (OWS), California Fully Protected Species (FP), and California Species of Special Concern (SSC). Some of the rezone sites proposed in the SEIR are occupied by, or have the potential to be occupied by, several sensitive species, to include, but not limited to: California Orcutt grass (Orcuttia californica; ESA-listed Endangered, CESA-listed Endangered, NE, OWS), San Diego button celery ((Eryngium aristulatum var. parishii; ESA-listed Endangered, CESA-listed Endangered, NE, OWS), thread-leaved brodiaea (Brodiaea filifolia; ESA-listed Threatened, CESA-listed Endangered, NE), spreading navarretia (Navarretia fossalis; ESA-listed Threatened, NE, OWS), little mousetail (Myosurus minimus ssp. apus; NE, OWS), Orcutt’s brodiaea (Brodiaea orcutti; NE, California Rare Plant Rank (CRPR) 1B.1), least Bell’s vireo (Vireo bellii pusillus, ESA-listed Endangered, CESA-listed Endangered), coastal California gnatcatcher (Polioptila californica californica; ESA-listed Threatened, SSC), San Diego fairy shrimp (Branchinecta sandiegonensis; ESA-listed Endangered, NE, OWS), and Riverside fairy shrimp (Streptochephalus wootoni; ESA-listed Endangered, NE, OWS). The SEIR stipulates that future development projects will be required to provide a biological resources technical report that incorporates site-specific information including a biological resource inventory, impact analysis, and mitigation measures consistent with the City’s HMP requirements. 3, cont. 2-16 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 4 of 7 COMMENTS AND RECOMMENDATIONS CDFW offers the comments and recommendations below to assist the City in adequately identifying, avoiding, and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The SEIR should provide adequate and complete disclosure of the Project’s potential impacts on biological resources [Pub. Resources Code, § 21061; CEQA Guidelines, §§ 15003(i), 15151]. Comments 1.Potential Impacts to Listed Vernal Pool Species and Conserved Lands: Table 4.3-1 of the SEIR indicates that one of the Project’s proposed rezone sites, Site 17, currently overlaps with the Poinsettia Station Vernal Pool Preserve (Preserve). The Preserve provides high quality vernal pool habitat for several listed and sensitive species including California Orcutt grass, San Diego button-celery, spreading navarretia, little mousetail, Orcutt’s brodiaea, San Diego fairy shrimp, and Riverside fairy shrimp. The Preserve is managed by the City as a condition for vernal pool species coverage under the HMP (referenced on List 3, page C-12 in the HMP) and is protected under a Conservation Easement (CE) signed on July 25, 1994. The CE was granted to CDFW as mitigation for impacts to San Diego button-celery, pursuant to the CESA Memorandum of Understanding (MOU) 2081-1994-001-5 for the Poinsettia Lane Commuter Rail Station Project. The Project’s proposal to change the land use designation of Site 17 from Public Transportation Center (P, TC) to Residential 15-23 dwelling units/acre (R-23, P) would not be compatible with the provisions of the CE. The CE language strictly prohibits any activity on or use of the property that is inconsistent with retaining the property in a natural condition and protecting its natural resources in perpetuity; therefore, CDFW strongly discourages the City from allowing future development (e.g., housing) in any area that overlaps with the conserved property or otherwise results in indirect or cumulative impacts to the biological resources within the CE area. We recommend that the City coordinate with CDFW early on in their review of future development plans on Site 17 to ensure that any proposed impacts within, or adjacent to, the conserved property will be 4 2-17 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 5 of 7 avoided to be consistent with the conservation goals and requirements of the HMP and the provisions of CESA MOU and CE. 2.Natural Habitat Areas: Per the SEIR’s 4.33c Project Impacts and Mitigation Measures section, pages 4.3-20 through 4.3-21, rezone sites that contain or are adjacent to natural habitat areas, including coastal sage scrub, oak woodlands, vernal pools, and riparian habitat, have the potential to support special-status species. The SEIR indicates that Sites 1-2, 6-9, and 18 contain natural habitat or woodlands and Site 17 contains vernal pools. Based on our review of Table 4.3-1, Site 4 also contains natural habitat such as coastal sage scrub, riparian associated with Agua Hedionda Creek, and grassland with high potential for thread-leaved brodiaea. Therefore, we recommend that this section of the SEIR be revised to list Site 4 as one of the sites that contains natural habitat for consistency in the document. In addition, we recommend that this section be revised to consider grasslands, of both native and non-native composition, as natural habitat areas that may also support special-status species (e.g., raptor foraging, sensitive plant species’ habitat, habitat linkages). ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals. ENVIRONMENTAL DOCUMENT FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the 4, cont. 6 5 2-18 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 6 of 7 environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.) CONCLUSION Thank you for the opportunity to comment on the SEIR. CDFW appreciates the partnership with the City, and we look forward to working together in the future. Questions regarding this letter or further coordination should be directed to Alison Kalinowski, Environmental Scientist, by email at, Alison.Kalinowski@wildlife.ca.gov. Sincerely, David Mayer Environmental Program Manager South Coast Region ec: CDFW Karen Drewe, San Diego – Karen.Drewe@wildlife.ca.gov Melanie Burlaza, San Diego – Melanie.Burlaza@wildlife.ca.gov Cindy Hailey, San Diego – Cindy.Hailey@wildlife.ca.gov Office of Planning and Research State Clearinghouse – State.Clearinghouse@opr.ca.gov United States Fish and Wildlife Service Jonathan Snyder – Jonathan_D_Snyder@fws.gov City of Carlsbad Rosanne Humphrey – Rosanne.Humphrey@carlsbadca.gov 2-19 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A Scott Donnell City of Carlsbad Planning Division August 25, 2023 Page 7 of 7 References City of Carlsbad. August 2023. Draft Supplemental Environmental Impact Report for the Housing Element Implementation and Public Safety Element Update. City of Carlsbad. December 1999. Habitat Management Plan. Figures SEIR Figure 2-4: Proposed Rezone Site Locations (page 2-13) 2-20 DocuSign Envelope ID: 11AE952F-08B8-4CD5-A543-1AD1 EA0D340A ~~ ~ j City LimiU Highway Major St-reet Planned Street Riulroqd c::::J Coastal Zone Potential Housing Sites• -Convert government-owned prop,e,ty to allow housing lnaea'5.e units allowied on p,operties that already allow housing ConVf'n v~can1 lnd\.l:s.trial propetty to ~llow h0U$1f'lg • Smr J J wu:i: dcsionok'd ui; a ,,..w prlwiry sico-tiy f~ lmGQll'I)' PJOll~dedb'! t~rl a.nd It$ k~tU.!lfJ. C .!()U. A,ffd!t,cmal,:io:.11""GV/dN.bv C1Cyo{l;(U};st,-(ld, 1lJV. \ City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A4 COMMENTER: David Mayer, Environmental Program Manager, South Coast Region, California Department of Fish and Wildlife DATE: August 25, 2023 Response A4-1 The commenter states that CDFW is a trustee agency for fish and wildfire resources. As stated in Section 1, Introduction, of the Draft SEIR, a trustee agency refers to a State agency having jurisdiction by law over natural resources affected by a project. There are no trustee agencies for the proposed project or EIR. Implementation of the proposed project would not directly cause development in areas where trustee agencies mentioned in CEQA Guidelines Section 15386 have jurisdiction. However, future development projects could be located on lands under trustee agency jurisdiction, at which time subsequent environmental review would occur. Therefore, it is acknowledged CDFW may be trustee agency with jurisdiction of the conservation, protection, and management of fish, wildlife, and native plants and habitat for future development projects on the rezone sites. Response A4-2 The commenter states that the city has an approved and permitted Subarea Plan (City of Carlsbad Habitat Management Plan (HMP)) under the subregional North County Multiple Habitat Conservation Program (MHCP). The commenter states that the SEIR must ensure and verify that all requirements and conditions of the HMP and Implementing Agreement (IA) are met and that the SEIR should also address biological issues that are not addressed in the HMP and IA, such as specific impacts to and mitigation requirements for wetlands or sensitive species and habitats that are not covered by the HMP and IA. This comment is informational background regarding the MHCP and city’s Subarea Plan. These documents and requirements were reviewed for project consistency as discussed in the SEIR, as well as the CEQA environmental checklist for all biological resources that are considered sensitive under CEQA (such as wetlands). The Carlsbad HMP and project consistency with the HMB is discussed in Section 4.3, Biological Resources, of the Draft SEIR. Additional information and responses to specific comments raised on the Draft SEIR are provided in Responses A4-3 through A4-6. Response A4-3 The commenter summarizes the project proponent, project details, project location, and biological setting. The commenter’s summary of the project and setting is accurate. Response A4-4 The commenter states that Site 17 overlaps with the Poinsettia Station Vernal Pool Preserve (Preserve), which provides high quality vernal pool habitat for several listed and sensitive species. The commenter states the Preserve is managed by the city as a condition for vernal pool species coverage under the HMP and is protected under a Conservation Easement (CE). According to the commenter, the proposed land use designation change of Site 17 from Public Transportation Center (P, TC) to Residential 15-23 dwelling units/acre (R-23, P) [see Table 2-4 for the correct existing and 2-21 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report proposed land use and zoning] would not be compatible with the provisions of the CE because the CE language strictly prohibits any activity on or use of the property that is inconsistent with retaining the property in a natural condition and protecting its natural resources in perpetuity. Therefore, the commenter states that CDFW discourages the city from allowing future development (e.g., housing) in any area that overlaps with the conserved property or otherwise results in indirect or cumulative impacts to the biological resources within the CE area. The commenter recommends that the city coordinate with CDFW early on in their review of future development plans on Site 17 to ensure consistency with the HMP and the CE. As discussed in Section 4.3, Biological Resources, of the Draft SEIR, Mitigation Measure BIO-5 on page 4.3-25 requires agency coordination for any proposed development on sites that encompass aquatic resources, including Site 17. In response to this comment, Mitigation BIO-7 has been revised to include coordination with responsible and administering resource agencies including CDFW and USFWS. This revision is shown in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A4-5 The commenter states that rezone sites that contain or are adjacent to natural habitat areas, including coastal sage scrub, oak woodlands, vernal pools, and riparian habitat, have the potential to support special-status species. The commenter states that the SEIR indicates that Pages 4.3-20 through 4.3-21 of the SEIR says Sites 1-2, 6-9, and 18 contain natural habitat or woodlands and Site 17 contains vernal pools. The commenter explains that based on their review, Site 4 also contains natural habitat such as coastal sage scrub, riparian associated with Agua Hedionda Creek, and grassland with high potential for thread-leaved brodiaea. Therefore, the commenter recommends that the SEIR be revised to list Site 4 as one of the sites that contains natural habitat. Table 4.3-1 on page 4.3-2 of the Draft SEIR lists coastal sage scrub, riparian, and grassland with high potential for thread-leaved brodiaea as occurring on Site 4. The Special-Status Species section on Page 4.3-21 under BIO-1 identifies that there are natural areas present on Sites 1- 4, 6-9, 17-19 and mitigation measures are identified accordingly. No revisions to the Draft SEIR have been made in response to this comment because mitigation is already required on Site 4 which addresses the commenter’s concern. Response A4-6 The commenter recommends that the SEIR be revised to consider grasslands, of both native and non-native composition, as natural habitat areas that may also support special-status species. Page 4.3-4 of the Draft SEIR, Grassland, describes grassland habitat (including non-native grasslands) within the city as potentially supporting sensitive plant and animal species including foraging raptors such as the California Fully Protected white-tailed kite (Elanus leucurus). This section also states: Non-native grassland may also support sensitive plant species such as the federally and state-listed thread leaved brodiaea (Brodiaea filifolia) and San Diego thorn-mint (Acanthomintha ilicifolia), and may serve as a habitat linkage for a number of wildlife species such…as the coastal California gnatcatcher. Grassland habitat is identified in Table 4.3-1 as occurring on sites 4, 6, and 7. Potential impacts to these sites and sensitive species potentially occurring in these grassland habitats is discussed in Bio-1 on page 4.3-21 of the Draft SEIR. No revisions to the Draft SEIR have been made in response to this comment. 2-22 “Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 11 4050 TAYLOR STREET, MS-240 SAN DIEGO, CA 92110 (619)709-5152 | FAX (619) 688-4299 TTY 711 www.dot.ca.gov August 28, 2023 11-SD-5, 78 PM VAR Housing and Safety Element DEIR/SCH# 2022090339 Mr. Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Dear Mr. Donnell: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Draft Environmental Impact Report (DEIR) for the Housing and Safety Elements located near Interstate 5 (I-5) and State Route 78 (SR-78). The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment. The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. Safety is one of Caltrans’ strategic goals. Caltrans strives to make the year 2050 the first year without a single death or serious injury on California’s roads. We are striving for more equitable outcomes for the transportation network’s diverse users. To achieve these ambitious goals, we will pursue meaningful collaboration with our partners. We encourage the implementation of new technologies, innovations, and best practices that will enhance the safety on the transportation network. These pursuits are both ambitious and urgent, and their accomplishment involves a focused departure from the status quo as we continue to institutionalize safety in all our work. Letter A5 2-23 CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR California Department of Transportation •• lb/trans· Mr. Scott Donnell, Senior Planner August 28, 2023 Page 2 “Provide a safe and reliable transportation network that serves all people and respects the environment” Caltrans is committed to prioritizing projects that are equitable and provide meaningful benefits to historically underserved communities, to ultimately improve transportation accessibility and quality of life for people in the communities we serve. We look forward to working with the City of Carlsbad in areas where the City and Caltrans have joint jurisdiction to improve the transportation network and connections between various modes of travel, with the goal of improving the experience of those who use the transportation system. Caltrans has the following comments: Caltrans Maintenance and Operations Station The Housing Element proposes 182 housing units on the existing, actively used Caltrans’ Carlsbad Maintenance Station near I-5/Palomar Airport Road, Carlsbad. The Caltrans Maintenance Station is the only one in North San Diego County and services areas from Del Mar to the San Diego County border at Orange County as well as freeways from I-5, SR-76 and SR-78. The land is not in Caltrans excess land, and is expected to be used for Caltrans Maintenance Operations for the long-term future. If at some point in the future the City of Carlsbad would like to explore conversion of the Caltrans Maintenance Station for purposes of affordable housing, a number of things would need to happen, including but not limited to: •A formal agreement would be needed between Caltrans and the City, detailing what would need to be done to transfer the parcel. The agreement would need to include cost considerations, to be borne by the City. The valuation of the current site would need to be “fair market value” at the time of sale or transfer. •A suitable replacement site would need to be provided, and Caltrans Maintenance and Operations facilities built on the new site to accommodate work needs for Caltrans Maintenance activities that are done on the current site. Site acquisition costs, development costs, and building construction costs would be borne by the City. •Since the existing Caltrans Maintenance yard site provides maintenance services to such a large geographic area, some additional land (ie. a larger parcel) may be needed to accommodate future CT Maintenance activities & needs. •Several processes (internal to Caltrans) such as declaring the current site to be an excess parcel would need to be completed. 1 2-24 Mr. Scott Donnell, Senior Planner August 28, 2023 Page 3 “Provide a safe and reliable transportation network that serves all people and respects the environment” Traffic Impact Studies and VMT •New developments resulting from the City of Carlsbad Housing Element should provide a Vehicle Miles of Travel (VMT) based Traffic Impact Study (TIS) and local mobility analysis should be provided for future projects. Please use the Governor’s Office of Planning and Research Guidance to identify VMT related impacts.1 •The TIS may also need to identify a proposed development project’s near- term and long-term safety or operational issues, on or adjacent any existing or proposed State facilities. Planning As part of the City’s 2023 Housing Element update, Caltrans requests that the City include discussions and mapping/graphics that describe the City’s existing and future housing inventory per the City’s Regional Housing Needs Assessment (RHNA). Housing-element law requires a quantification of each jurisdiction’s share of the regional housing need as established in the RHNA Plan prepared by the jurisdiction’s metropolitan planning organization (MPO) or council of governments. In accordance with California Government Code Sections 65583 and 65584, housing elements shall contain an analysis of population and employment trends and documentation of projections and quantification of the locality’s existing and projected housing needs for all income levels. These projected needs shall include the locality’s share of the regional housing needs (ie. RHNA) per Government Code Section 65584. Complete Streets and Mobility Network Caltrans views all transportation improvements as opportunities to improve safety, access and mobility for all travelers in California and recognizes bicycle, pedestrian and transit modes as integral elements of the transportation network. Caltrans supports improved transit accommodation through the provision of Park and Ride facilities, improved bicycle and pedestrian access and safety improvements, signal prioritization for transit, bus on shoulders, ramp improvements, or other enhancements that promotes a complete and integrated transportation network. Early coordination 1 California Governor's Office of Planning and Research (OPR) 2018. "Technical Advisory on Evaluating Transportation Impacts in CEQA." https://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf 2 3 4 2-25 Mr. Scott Donnell, Senior Planner August 28, 2023 Page 4 “Provide a safe and reliable transportation network that serves all people and respects the environment” with Caltrans, in locations that may affect both Caltrans and the City of Carlsbad is encouraged. Broadband Caltrans recognizes that teleworking and remote learning lessen the impacts of traffic on our roadways and surrounding communities. This reduces the amount of VMT and decreases the amount of greenhouse gas (GHG) emissions and other pollutants. The availability of affordable and reliable, high-speed broadband is a key component in supporting travel demand management and reaching the state’s transportation and climate action goals. Right-of-Way •Per Business and Profession Code 8771, perpetuation of survey monuments by a licensed land surveyor is required, if they are being destroyed by any construction. •Any work performed within Caltrans’ R/W will require discretionary review and approval by Caltrans and an encroachment permit will be required for any work within the Caltrans’ R/W prior to construction. Additional information regarding encroachment permits may be obtained by contacting the Caltrans Permits Office at (619) 688-6158 or emailing D11.Permits@dot.ca.gov or by visiting the website at https://dot.ca.gov/programs/traffic-operations/ep. Early coordination with Caltrans is strongly advised for all encroachment permits. If you have any questions or concerns, please contact Kimberly Dodson, LDR Coordinator, at (619) 985-1587 or by e-mail sent to Kimberly.Dodson@dot.ca.gov. Sincerely, Maurice A. Eaton Maurice Eaton Office Chief (Acting)|Office of Housing and Transportation Division of Transportation Planning California Department of Transportation 4, cont 5 6 2-26 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A5 COMMENTER: Maurice Eaton, Office Chief Division of Transportation Planning, California Department of Transportation DATE: August 28, 2023 Response A5-1 The commenter states that the Housing Element proposes 182 units on the existing, actively used Caltrans’ Carlsbad Maintenance Station, which is expected to be used for Caltrans Maintenance Operations for the long-term future. The commenter expresses that if the city wishes to use the Carlsbad Maintenance Station for purposes of affordable housing, a formal agreement would be needed; a suitable replacement site would need to be provided; additional land may be required to accommodate future Caltrans Maintenance activities; and several internal Caltrans processes would be required to be completed. Approval of the proposed project would not approve any physical development (e.g., construction of housing or infrastructure). However, the Draft SEIR assumes that such actions are reasonably foreseeable future outcomes of the proposed project because the proposed project involves rezoning 18 sites to implement the Housing Element and facilitate future housing development. Table 2-4 in Section 2, Project Description, of the Draft SEIR states that Site 16 currently includes the Caltrans Maintenance Station. Section 3, Environmental Setting, explains that the northern parcel of Site 16 is developed with a Caltrans maintenance station and the southern, privately-owned parcel is occupied by commercial uses. It is acknowledged that should future development occur on the northern parcel of the site, an agreement would be needed prior to any approval of a project between Caltrans and the project proponent. Because Caltrans owns the northern parcel of the site, development could not occur without property owner agreement. Response A5-2 The commenter states that future development facilitated by the project should provide a VMT based Traffic Impact Study (TIS) and local mobility analysis. The commenter expresses that the TIS may also need to identify a proposed development project’s near term and long-term safety or operational issues, on or adjacent any existing or proposed State facilities. As discussed under Mitigation Measure T-1 in Section 4.13, Transportation, of the Draft SEIR, future development at the 18 rezone sites would undergo review by the city and each project would be compared to the City of Carlsbad VMT Analysis Guidelines screening criteria to determine if the submitted project is eligible to be screened out of conducting project-level VMT analysis. If a project meets one or more of the screening criteria, the project would be determined to have a less than significant impact to VMT in accordance with the city’s VMT Analysis Guidelines. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. If it is determined that the project would have a significant impact on VMT (i.e., it does not result in at least a 15 percent reduction in VMT compared to existing conditions), the project would be required to implement project-level VMT reduction measures to mitigate project VMT impact to the extent feasible. Further, while not required for CEQA, a TIS (or Traffic Impact Analysis Report) was prepared for the project and is available online at the City’s website here: 2-27 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report https://www.carlsbadca.gov/departments/community-development/planning/agendas-minutes- notices Response A5-3 The commenter expresses the opinion that the city should include discussions and mapping/graphics that describe the city’s existing and future housing inventory per the city’s RHNA. The city’s existing and future housing inventory is discussed in the 2021-2029 Housing Element Update. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A5-4 The commenter recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation network. The commenter encourages early coordination with Caltrans. The comment is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A5-5 The commenter opines that the availability of affordable and reliable, high-speed broadband is a key component in supporting travel demand management and reaching the State’s transportation and climate action goals. The comment is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A5-6 The commenter states that any work performed within a Caltrans right-of-way will require discretionary review, an encroachment permit, and approval by Caltrans. Future development with work performed within a Caltrans right-of-way would obtain an encroachment permit from Caltrans prior to start of work. 2-28 August 31, 2023 Mr. Scott Donnell Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Sent Via Electronic Mail: scott.donnell@carlsbadca.gov Re: Housing Element Implementation and Public Safety Element Update Supplemental Environmental Impact Report Dear Mr. Donnell: The North County Transit District (NCTD) appreciates the opportunity to comment on the City of Carlsbad’s Housing Element Implementation and Public Safety Element Update Draft Supplemental Environmental Impact Report (dSEIR), pursuant to the City of Carlsbad’s (City) notice of availability published on July 14, 2023. Accordingly, NCTD's comments are provided below: I. Section 2.4.3 NCTD is the owner of two sites: Site 14, Carlsbad Village COASTER Station, and Site 17, Poinsettia COASTER Station, which are under evaluation for land use changes and development in the dSEIR. NCTD is strongly in favor of advancing development opportunity for these two sites. We appreciate the City’s consideration of our sites for future development. Regarding the description of our sites, please consider the following clarifications: A.Site 14: Carlsbad Village COASTER Station i. Number of Parcels and Assessor Parcel Numbers (APN): In this location, NCTD owns 4 parcels, not 2 as described in the dSEIR. The APNs described in the dSEIR are also incorrect. The correct APNs are as follows: 155-200-11-00, 155-200-12-00, 203-054-28-00, and 203- 296-12-00. ii. Total acreage is incorrect as listed in the document. NCTD presently owns 17.26 acres at this location. iii. The Village and Barrio Master Plan currently allows for a density range of 28-35 units. NCTD supports inclusion in the dSEIR of 30 du/acre or greater. B.Site 17: Poinsettia COASTER Station i. Number of Parcels and Assessor Parcel Numbers (APN): In this Letter A6 1 3 2 2-29 NORTH COUNTY TRANSIT DISTRICT 810 Mission Avenue Oceanside, CA 92054 (760) 966-6500 (760) 967-2001 (fax) GoNCTD.com Re: Housing Element Implementation and Public Safety Element Update Supplemental Environmental Impact Report August 31, 2023 Page 2 of 3 location, NCTD owns 3 parcels, not 2 as described in the dSEIR. The APNs described in the dSEIR are also incorrect. The correct APNs are as follows: 214-150-11-00, 214-150-08-00, and 214-150-20-00. ii. Total acreage is incorrect as listed in the document. NCTD presently owns 12.11 acres at this location. iii. The dSEIR appears to contemplate an R-23 zoning for this site, whereas the associated fact sheet proposes: three potential zoning scenarios for Site 17: R-30, R-35, and R-40. NCTD supports zoning R- 35 and R-40 designations, which would allow the site to maximize potential densities placing future residents immediately adjacent to public transportation consistent with SANDAG’s 2021 Regional Plan reducing car dependence, traffic congestion, and support regional housing goals. II. Section 4.43 A. The section omits any reference to 400 Carlsbad Village Dr., which is the site of the Carlsbad Santa Fe Depot, built in 1887, and which also served in other locally significant functions other than a train depot. It was listed on the National Register of Historic Place on September 30, 1999. It is located on Site 14 of the proposed project in the dSEIR. III. Section 4.13 A.NCTD recommends the following clarifications noted in red to Section 4.13.1: Bus Service NCTD fixed-route bus service is referred to as their BREEZE service. BREEZE NCTD currently operates approximately nine twelve BREEZE bus routes within the city, including routes 101, 302, 304, 309, 315, 323, 315/325, 444, 445, 604, 609, and 632623. Buses generally operate on 20-minute30-minute to 60- minute headways depending on the day of the week. NCTD also offers LIFT, a curb-to-curb service for disabled persons with disabilities who are unable to utilize fixed-route servicesthe BREEZE serve and are certified as eligible to use the service, as required by the ADA. B.NCTD recommends the following corrections to Section 4.13.1: COASTER COMMUTER Rail i.Headway times southbound vary from 20 minutes to 80 minutes Monday to Friday with shorter headway times occurring during the busiest hours. ii.Headway times northbound vary from 20 minutes to 140 minutes Monday to Friday with shorter headway times occurring during the busiest hours. iii.COASTER service is extended into the evening hours during weekends and holidays. IV. Section 6.2 NCTD is supportive of Alternative 2 in addition to the Project in principle. However, the unit count calculation assumes that 180 units would be built at Sites 14 and 17 without explaining why the need for 180 units as opposed to replacing the net increase in units from Sites 3, 8, and 15, which total 137 dwelling units. NCTD 3, cont. 4 5 6 7 8 2-30 Re: Housing Element Implementation and Public Safety Element Update Supplemental Environmental Impact Report August 31, 2023 Page 3 of 3 requests clarification as to why it was assumed that 180 units would need to be constructed at Sites 14 and 17. NCTD also disagrees that air quality impacts would be larger for Alternative 2. Mobilization, demobilization, initial ground disturbance for foundation work of five sites, and associated work is likely to be much more impactful than two sites at a greater density. Additionally, NCTD requests clarification regarding conflicting findings in Section 6.2(f), Green House Gas Emissions (GHG). In this section, the dSEIR states that “per capita VMT would be lower than that of the 2015 General Plan EIR, since Alternative 2 would place more residents in proximity to jobs, services, and transit thereby reducing the need for single-occupancy vehicles.” However, the comparative impact assessment provided in Table 6-6 indicates that the 2015 General Plan EIR GHG impacts equated to Less than Significant, or LTS, impacts, whereas it assigns to Alternative 2 impacts that are significant and unavoidable, or SAU. Such a finding appears to conflict with the preceding text in Section 6.2(f). VMT analysis under this section should clarify assumptions with respect to how residents at Site 14 and 17 will use transit as opposed to undertake single-occupancy vehicle trips given their proximity to transit. Potentially, VMT emissions from two sites adjacent to transit centers could be less than the proposed project with 3 sites proposed at locations far away from transit centers. NCTD requests clarification regarding whether VMT calculations account for proximity to transit and clarification regarding the final calculation suggesting that the Proposed Project would result in less VMT than Alternative 2. Finally, and as stated above, we disagree with the finding that development at the two NCTD-owned sites at a higher density will result in significant and unavoidable GHG impacts given assumptions that placing residents adjacent to transit will ultimately result in fewer single-vehicle occupancy trips. Finally, we remain concerned that Table 6-6 is misleading for the general public who may not read in detail the technical studies or the associated dSEIR text. The dark red could be construed by a reader as carrying greater significance even though ultimately the impacts of varying alternatives are the same. We recommend that the color choices be removed or alternatively, changed. Thank you for allowing NCTD to review and comment on the dEIR. Should you have any questions, feel free to contact Lillian Doherty at (760) 967-2803 or via e-mail at ldoherty@nctd.org. Sincerely, Lillian Doherty Director of Planning and Development cc: Tracey Foster, Chief Development Officer, NCTD 8, cont. 9 10 11 12 2-31 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter A6 COMMENTER: Lillian Doherty, Director of Planning and Development, North County Transit District DATE: August 31, 2023 Response A6-1 The commenter explains that the North County Transit District (NCTD) is the owner of Site 14, Carlsbad Village COASTER Station, and Site 17, Poinsettia COASTER Station. The commenter expresses support for development of these two sites. The commenter states that for Site 14, the Draft SEIR incorrectly lists the number of parcels, APNs, and acreage, and clarifies that the NCTD owns 4 parcels, not 2 as described in the Draft SEIR. The commenter states that the correct APNs are: 155-200-11-00, 155-200-12-00, 203-054-28-00, and 203-296-12-00, and the total acreage should be 17.26 acres. The commenter’s request has been noted and page 2-15 of the Draft SEIR (Table 2-4) has been revised as listed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. NCTD Response A6-2 The commenter comments on Site 14, and states that although the Village and Barrio Master Plan currently allows for a density range of 28 to 35 units, the NCTD supports a density of 30 dwelling units per acre or greater. The comment is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A6-3 The commenter comments on Site 17, and states that the Draft SEIR incorrectly lists the number of parcels, APNs, and acreage of this site. The commenter clarifies that NCTD owns 3 parcels, not 2 as described in the Draft SEIR. The commenter also clarifies that the correct APNs are: 214-150-11-00, 214-150-08-00, and 214-150-20-00, and the total acreage should be 12.11 acres. APN 214-150-11 was not directed to be studied by City Council and is not included in Site 17. The commenter’s request has been noted and APN numbers on page 2-16 of the Draft SEIR (Table 2-4) has been revised as noted in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A6-4 The commenter states that Draft SEIR lists an R-23 zoning for Site 17, whereas the fact sheet proposes three potential rezoning scenarios for the site: R-30, R-35, and R-40. The commenter recommends implementation of the R-35 and R-40 zoning designations which would allow the site to maximize potential densities. 2-32 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report City Council directed Site 17 to be rezoned to R-23. The fact sheet referenced by the commenter is incorrect as it provides only potential rezoning scenarios under Alternative 2 and not the project as directed by the City Council. The current proposed zone changes under the project are accurate as summarized in Section 2, Project Description, of the Draft SEIR. The comment is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response A6-5 The commenter states that Section 4.4.3 of the Draft SEIR omits reference to 400 Carlsbad Village Drive, located on Site 14, which is the site of the Carlsbad Santa Fe Depot built in 1887, and listed on the National Register of Historic Place on September 30, 1999. According to the city’s Potential Housing Sites Map, 400 Carlsbad Village Drive is not located on Site 14 and is not proposed for rezoning under the proposed project.2 If NCTD is interested in development of that site, that could be submitted through a separate project and would go through a separate review of the entire proposed project, including historic and environmental review provisions. Response A6-6 The commenter recommends clarifications to Section 4.13.1. The commenter’s request has been noted and revisions have been made to Page 4.13-1 of the Draft SEIR as detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A6-7 The commenter recommends corrections to Section 4.13.1: COASTER Commuter Rail. The commenter’s request has been noted and Page 4.13-1 of the Draft SEIR has been revised as detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response A6-8 The commenter comments on Section 6.2 of the Draft SEIR. The commenter expresses support for Alternative 2, however, the commenter states that the unit calculation assumes 180 units would be built at Sites 14 and 17 without explaining the need for 180 units as opposed to replacing the net increase in units from Sites 3, 8, and 15, which total 137 dwelling units. The commenter requests clarification as to why 180 units were assumed for Sites 14 and 17. The unit estimate was based upon a review of potential land available for housing as a conservative estimate. Based on the potential land available and the minimum densities of the land use designations either existing (Site 14) or proposed (Site 17), unit yields for the project were determined. This resulted in a yield of 93 units for Site 14 and 27 units for Site 17. Under 2 Carlsbad Potential Housing Sites Map: https://carlsbad.maps.arcgis.com/apps/webappviewer/index.html?id=4a5a710965bd4e6da387aa3183fd5ae2 2-33 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Alternative 2, the City Council directed higher unit yields for Site 14 (200 units) and Site 17 (100 units). The 180 units results from the difference between the yields estimated for the project vs. Alternative 2. This estimate was created prior to preliminary plans put out by NCTD for development on the site. Response A6-9 The commenter expresses disagreement with the determination that air quality impacts would be worse under Alternative 2 since mobilization, demobilization, and ground disturbance for five sites would likely be more impactful than two sites at a greater density. As discussed in Section 6.3.2b, Alternative 2 – Air Quality, of the Draft SEIR, and shown in Table 6-2, since Alternative 2 would result in an overall net increase in units by 43 units, slightly more construction emissions would be emitted when compared to the proposed project. Therefore, air quality impacts would be slightly increased under Alternative 2 when compared to the proposed project. Response A6-10 The commenter requests clarification regarding Section 6.2f, Greenhouse Gas Emissions. The commenter states that there is a discrepancy between the analysis and Table 6-6. As discussed in Section 6.2f, Alternative 2 - Greenhouse Gas Emissions, and as shown in Table 6-3, GHG emissions under Alternative 2 would increase, due to the development of 43 more housing units compared to the proposed project. Therefore, GHG impacts associated with Alternative 2 would be similar, but slightly increased as compared to the proposed project. Table 6-6 shows that Alternative 2 would also have a significant and unavoidable impact similar to the proposed project even with implementation of Mitigation Measure GHG-1. However, since GHG emissions would slightly increase under Alternative 2, Alternative 2 was found to result in an increased level of impact, detailed with the red colored highlight and the (-) denotation. Response A6-11 The commenter requests clarification regarding the VMT analysis in Section 6.2, since VMT from two sites adjacent to transit centers would be less than the proposed project with three sites proposed at locations far away from transit centers. The commenter requests clarification on whether VMT calculations account for proximity to transit and for the determination that the proposed project would result in less VMT than Alternative 2. The commenter also expresses her disagreement that development at the two NCTD-owned sites would result in significant and unavoidable GHG impacts given the assumption that placing residents adjacent to transit will ultimately result in fewer single-vehicle occupancy trips. The comments pertain to the GHG emissions analysis in Section 6, Alternatives, of the Draft SEIR and the VMT metric employed. For this analysis, Fehr & Peers used the Total VMT calculation method with the CAP approach. This methodology encompasses all VMT generated within the city (internal VMT) and half of the VMT generated between the city and areas outside but within the region (half of internal to external VMT and external to internal VMT) based on the model data. The Total VMT reflects the collective VMT for the entire city and region and does not specifically isolate Sites 14 and 17. Consequently, direct comparisons of VMT generated for these sites in the proposed project and alternative 2 are not possible. The difference in Total VMT between the proposed project and alternative 2 for the entire region is a minimal 56 VMT out of a total of 3.7 2-34 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report million VMT, as indicated in the table below. This small difference underscores its insignificance within the broader context of the SEIR analysis. The model does incorporate various transportation modes and infrastructure, including transit. However, it is crucial to reiterate that the Total VMT calculation is regional in nature. Thus, establishing a direct correlation between increased housing development in two relatively small sites and its impact on the Total VMT can be challenging due to the complex regional dynamics involved. Scenario Total VMT 2035 Proposed Project 3,733,018 2035 with Project Alternative 2 3,733,074 Difference 56 Percent Difference 0.0015% Response A6-12 The commenter recommends for the color choices to be removed or changed for Table 6-6 since it could be misleading for the general public, specifically the dark red coloring which could be misconstrued as carrying greater significance even though the impacts of varying alternatives are ultimately the same. As discussed in the footnotes section of Table 6-6 in Section 6, Alternatives, of the Draft SEIR, the red color denotes that the specific issue is inferior to the proposed project, or in other words, would result in an increased level of impact, which contrasts to the green color which denotes that the specific issue is superior to the proposed project, or in other words would result in a reduced level of impact. 2-35 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report 2.2 Organization Comments and Responses This section provides each letter received from organizations in response to the Draft SEIR, with specific comments identified with a comment code in the margin. Following the letters, responses to the comments are provided. 2-36 1 From:Eddie Nava <enava@planningsystems.net> Sent:Monday, August 7, 2023 8:49 AM To:Scott Donnell Cc:Andrea Tagle; Colleen Blackmore Subject:Public Notice: Housing Sites Under Consideration Attachments:7-27-23 - Letter RE Future Housing Sites.pdf Mr. Donnell, This email and the aƩached leƩer are in response to a recent public noƟce that was mailed out regarding potenƟal future housing sites under consideraƟon within the City of Carlsbad. The noƟce stated that the public review period closes on August 28, 2023. The aƩached leƩer is from the President of the Board of Directors of the Carlsbad Research Center business park, Colleen Reilly. Please consider this response leƩer as the official posiƟon of the Carlsbad Research Center Board of Directors, specifically in regards to sites that are adjacent to the boundaries of the Carlsbad Research Center. Thank you very much. Eddie Nava Planning Systems 1530 Faraday Ave. Suite 100 Carlsbad, CA 92008 Direct Phone: (760) 362-8945 Phone: (760) 931-0780 Ext. 110 Fax: (760) 931-5744 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter B1 1 2-37 Carlsbad Owners Association Research Center Board of Directors 1530 Faraday Avenue Suite 100 • Carlsbad, CA 92008 • (760) 931-0780 • (760) 931-5744 Fax July 27, 2023 Mr. Scott Donnell Principal Planner City of Carlsbad, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: City of Carlsbad mailed notification regarding Planning for future housing sites under consideration in Carlsbad Dear Mr. Donnell: The Carlsbad Research Center Owners Association Board of Directors wishes to express its opposition and concern regarding the subject notification. The Board disagrees with any City policy to place incompatible uses adjacent or in proximity to each other. This is simply bad land use planning. It is well known that residential uses near or inside commercial office, R&D and manufacturing districts create conflicts. These use types are incompatible and lead to many avoidable ongoing issues which are not in the best interest of residents or non-residential properties. In addition, specifically, the Board opposes the parcels identified in the subject notification to be potentially rezoned from non-residential land use to high density residential use. Specifically, sites 4, 6 and 7 as shown on the City of Carlsbad ArcGIS map which is part of this notification. These sites are adjacent to the boundaries of the Carlsbad Research Center which is a 540-acre City of Carlsbad Specific Plan area (SP 180H). The Board of Directors as individuals have extensive and lengthy experience as office, R&D and manufacturing property owners and developers. The experience of the Board having been witness to historic conflicts between residential developments and business parks throughout Southern California and elsewhere mandates that the Board make this strong statement to the City of Carlsbad. Carlsbad has a number of successful, valuable, and prominent business parks within its boundaries. Carlsbad Research Center is one of the most prominent. Changing zoning to insert 2 3 4 2-38 Carlsbad Owners Association Research Center Board of Directors 1530 Faraday Avenue Suite 100 • Carlsbad, CA 92008 • (760) 931-0780 • (760) 931-5744 Fax residential uses in proximity to business parks is ill advised, if not reckless. The Board strongly objects to it and opposes (and will continue to oppose) any action to pursue this intention. Sincerely, Colleen Reilly President of the Board Directors, Carlsbad Research Center cc: Carlsbad Research Center Board of Directors 4 cont. 2-39 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter B1 COMMENTER: Colleen Reilly, President, Carlsbad Research Center Owners Association Board of Directors DATE: July 27, 2023 Response B1-1 The commenter introduces the comment letter as a letter from the President of the Board of Director of the Carlsbad Research Center business park and asks for this letter to be considered the official position of the Carlsbad Research Center Board of Directors. While the commenters’ opinions are noted, they do not address the analysis or conclusions of the Draft SEIR specifically form which to provide a more detailed response. Response B1-2 The commenter states that the Carlsbad Research Owners Association Board of Directors opposes the proposed project. The commenter states an opinion that residential uses near or inside commercial office, R&D and manufacturing districts create conflicts and that these land use types are incompatible with residential uses. While the commenters’ statements related to the proposed project are noted, they do not address the analysis or conclusions of the Draft SEIR specifically. The Draft SEIR analyzes potential impacts associated with the placement of residential uses on the 18 rezone sites insofar as potential physical environmental impacts would occur from development of such housing. The commentators’ opinions about the merits of the project and on rezoning sites adjacent to office, R&D, and manufacturing will be provided to city decision-makers for consideration. Response B1-3 The commenter states that the Carlsbad Research Owners Association Board of Directors opposes the rezoning of sites 4, 6, and 7, which are adjacent to the boundaries of the Carlsbad Research Center, from non-residential to high-density residential. While the commenters’ opinions are noted, they do not address the analysis or conclusions of the Draft SEIR specifically form which to provide a more detailed response. Response B1-4 The commenter states that the Carlsbad Research Owners Association Board of Directors has experience witnessing historic conflicts between residential developments and business parks and therefore strongly opposes changing zoning to allow residential uses in proximity to business parks. The commenter states opposition to changing zoning to residential in proximity to business parks. While the commenters’ opinions are noted, they do not address the analysis or conclusions of the Draft SEIR specifically form which to provide a more detailed response. 2-40 August 28, 2023 Scot Donnell City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Via Email: scot .donnell@carlsbadca.gov SUBJECT: Public Comments Regarding the Housing Element Implementa�on Update Supplement Environmental Impact Report Dear Mr. Donnell, The owner of Site 10, Bressi Ranch Colt Place (APN: 213-262-17; 2.6 acres), has a vested interest in all changes proposed for their property. A condominium project was submite d for Preliminary Review and comments were received from the City of Carlsbad (city) dated January 12, 2022, prior to the issuance of the No�ce of Prepara�on (NOP) for the subject Dra� Supplemental Environmental Impact Report (SEIR). The P-C (Planned Community) zoning of the site is covered by the Bressi Ranch Master Plan, which designates the site for (P-M) Planned Industrial uses. The current General Plan designa�on of the site is PI (Planned Industrial), which is proposed for amendment to R-23 via the city’s Housing Element Implementa�on Update project. The Housing Element Implementa�on Update project has been assessed by a Dra� SEIR released for public review in July 2023. The items below reflect the property owner’s comments on the SEIR for the public record: 1.Execu�ve Summary: It is acknowledged that there are no Mi�ga�on Measures that are specifically required for future development of Site 10. This is assumed based on the specific callouts for certain Sites under specific mi�ga�on measures. It is not clear, however, if or how the general Mi�ga�on Measures apply to all sites. We request this be clarified in the SEIR. 2.Introduc�on: It is recognized that Site 10 is specifically called out in mul�ple public comments received during the public scoping period (September 14, 2022 through October 14, 2022) as provided in Table 1-1. Under Biological Resources, the commenter is concerned poten�al development on Site 10 would affect nes�ng habitat for hawks and owls. The city responds that the issue of impacts on habitat and special status species is addressed in Sec�on 4.3 Biological Resources (Impact BIO-1) of the SEIR. Under Transporta�on, the commenter is concerned regarding the impact of increased development of sites on emergency evacua�on, par�cularly Site 10. The city responds that this issue is addressed in mul�ple areas of the SEIR, including Sec�on 4.7 Hazards and Hazardous Materials (Impact HAZ-5), Sec�on 4.13 Transportation (Impact T-4), and Sec�on 4.15 Wildfire (Impact WF-2). Under U�li�es and Service Systems, the commenter is concerned the electrical grid will be able to handle addi�onal residents on sites such as Site 10. The city responds that impacts associated with electrical infrastructure to connect new development are discussed in Sec�on 4.14 Utilities and Service Systems. 1 2 3 Letter B2 2-41 tfiivl. HOWES I WEILER I LANDY PLANNING & ENGINEERING www.HWL-PE.COM 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 I Tel. 760.929.2288 I Email. info@HWL-PE.COM Comments on the Housing Element Implementa�on Update Project SEIR 2 | Page However, when reviewing these sec�ons, there is no direct discussion of Site 10. While it can logically be inferred that Site 10 is excluded unless specified, we request that more direct language be included in the table or the sec�ons to explicitly state that Site 10 will not result in impacts to the areas of concern stated in the public comments received during the NOP public scoping period. 3.Project Descrip�on: Sec�on 2.4.1 states that project includes “[revising] various master plans and specific plans as necessary to reflect amendments to the General Plan, Zoning Ordinance, and Local Coastal Program”. It is not clear in the SEIR when or how these amendments will be completed. There should be a statement added specifying when the master plan/specific plan amendments will be completed. Addi�onally, Sec�on 4.9 Land Use of the SEIR concludes no significant impacts or mi�ga�on measures. However, changing the underlying zoning designa�ons of sites, such as Site 10, inherently implies a poten�al conflict with the governing land use plan and associated policies. Alterna�vely, if it has been analyzed and determined that the change in the underlying zoning designa�ons will NOT result in any specific environmental impacts related to the change to the master plan(s) and/or specific plan(s), this should be explicitly stated to support the conclusion of Less than Significant without Mi�ga�on. Should there be a statement under Sec�on 4.9 Land Use that lays out the process of upda�ng any impacted specific plans or master plans, such as the Bressi Ranch Master Plan? Perhaps a Mi�ga�on Measure similar to that for upda�ng the city’s Climate Ac�on Plan (MM GHG-1) should be added to the Land Use sec�on. The measure could include a process to address text changes to the applicable planning areas of the master plan to change from industrial or residen�al with corresponding development standards established; outline approval procedures that accommodate this citywide General Plan Amendment effort and EIR; and account for poten�al amendments to the exis�ng master plan or specific plan EIRs that were prepared based on project impacts not contemplated by changes imposed by this Housing Element SEIR. If it is the intent of the city to have the master plans and specific plans updated as part of this project, then the proposed updates should be included and discussed in the project descrip�on and any poten�al impacts addressed in each relevant environmental topic sec�ons. Further, it should be made clear as to whether the amendments to the master and specific plans would require subsequent environmental analysis under their corresponding environmental documents (i.e., Bressi Ranch EIR). 4.Project Descrip�on: Site 10 is included in Table 2-4 of the Project Descrip�on, which lists sites proposed for General Plan Land Use and Zoning Map Changes. The table descriptors include the site number, loca�on, APN, current and proposed land use designa�ons (Site 10: PI  R-23), current and proposed Zoning designa�ons (Site 10: P-C  P-C), number of exis�ng units (zero), unit yield under exis�ng designa�ons (Site 10: PI and P-C yield zero units), the proposed unit yield (Site 10: 19 du/ac for a total of 49 units), and the net increase in units (Site 10: 49 units as there are currently zero). The current zoning of Site 10, P-C, is not proposed to change under the Housing Element Implementa�on Update project. This is true of mul�ple sites. We request that a “no change” designator be included for any site that is not going to have its Zoning designa�on change (i.e., Sites 10, 11, and 19), as is shown for Site 14 and Site 15. 3, cont 4 5 6 7 8 2-42 t~L HOWES I WEILER I LANDY PLANNING & ENGINEERING Comments on the Housing Element Implementa�on Update Project SEIR 3 | Page We request that Site sizes are included in Table 2-4 since unit yields are presumably based on dwelling units per acre (du/ac). The baseline densi�es contemplated in the SEIR could be exceeded by pursuing the high-end of the density allowance of the R-23 designa�on being implemented by the city (i.e., 23 units per acre or 60 units for Site 10), and then state density bonus units could be proposed on top of that density unit yield. Assuming a base density yield of 60 units per acre, an inclusion of 11% affordable units, and the implementa�on of a 35% density bonus, Site 10 has the poten�al to yield up to 81 units rather than 49 units. As stated above, Preliminary Review of a residen�al project on this site has been ini�ated and includes up to 81 units on the property as it is the property owner’s intent to implement state density bonus. How does the SEIR account for sites that will exceed mid- range baseline assump�ons and apply state density bonus allowances? Since the SEIR includes an es�mated yield of 49 units on Site 10, would that prevent future development from exceeding that number? Or, in the event of a project proposing a number greater than 49 units, would that require an amendment to the SEIR? There is a footnote in Table 2-4 that states “Unit yields are es�mates only.” We request that this footnote be expanded to 1) clearly be applied to all site yield assump�ons, 2) expanded to explain why the yields are es�mates only, and/or 3) have a new footnote or text paragraph that explains the use of TOTAL new unit yield (e.g., 3,295) when analyzing certain topics (i.e., air quality, transporta�on, noise) versus the es�mated yield per site and how the yield on individual sites may fluctuate and s�ll be covered under this SEIR, as long at the total number of projected new units is not exceeded. 5.Project Descrip�on: Sec�on 2.4.7 discusses the need to amend mul�ple master and specific plans in associa�on of the rezoning of sites 1, 2, 7, 10, 11, 14, 15, and 19. Again, there is no further discussion within the SEIR as to how or when these amendments will be undertaken or if the amendments to those master and specific plans would, in turn, require addi�onal or new environmental review under CEQA Guidelines. Furthermore, while Table 2-4 described the change in land use designa�on and zoning, there is no descrip�on of the poten�al change in the master or specific plan designa�on of a site. For example, the underlying zoning for Site 10 is currently (P-M) Planned Industrial. What would the new designa�on of Site 10 be in the Bressi Ranch Master Plan? Would the change in Site 10’s underlying zoning designa�on require any sort of revision to the cer�fied Bressi Ranch Master Plan EIR (SCH No. 1999041010) or would this SEIR be the appropriate CEQA document to use to assess future development on this site? 6.Project Descrip�on: As detailed in Sec�on 2.6 Required Approvals, it is assumed that future projects on the rezone sites will adhere to the CEQA mi�ga�on measures iden�fied in the Mi�ga�on Monitoring and Repor�ng Program for this SEIR for the site to develop consistent with the purpose of the rezone and to ensure that future development reduces environmental impact to the extent feasible. The sec�on then states that development consistent with the project descrip�on of the SEIR could proceed “by right” or could poten�al qualify to �er from the SEIR, as appropriate per CEQA Guidelines Sec�ons 15152, 15162, and 15168. Please explain how this applies to the sites that fall within master or specific plan areas, especially since there are no details as to what these sites (e.g., sites 1, 2, 7, 10, 11, 14, 15, and 19) will be rezoned to under their governing land use plans or whether that ac�on will require addi�onal CEQA review related to each master or specific plan CEQA document. 9 10 11 12 13 14 2-43 t~L HOWES I WEILER I LANDY PLANNING & ENGINEERING Comments on the Housing Element Implementa�on Update Project SEIR 4 | Page 7.Environmental Se�ng: We request that Table 3-1 be revised to include whether a Site is within a master or specific plan (e.g., sites 1, 2, 7, 10, 11, 14, 15, and 19). 8.Environmental Se�ng: As noted in Table 3-1, Site 10 has been pre-graded via prior master plan mass grading ac�vity and its vegeta�on community is designated as Disturbed in Table 4.3-1 of the SEIR. We request this detail to be added to the descrip�on of Site 10 in Table 3-1. 9.Sec�on 4.1 Aesthe�cs, subsec�on 4.1.2 Regulatory Se�ng, c. Local: On page 4.1-5 of the SEIR, Specific and Master Plans are very broadly discussed. A series of master plans (e.g., Aviara, Bressi Ranch, Calavera Hills, Rancho Carrillo, Robertson Ranch, and Villages of La Costa) are acknowledged as exis�ng. Then there is the following sentence: “The Village Master Plan (described below) guides development in that area.” (emphasis added). The paragraph that follows then provides a short descrip�on of the Village Master Plan generally. However, it is not clear what area is being referred to in the preceding sentence. Furthermore, why aren’t the relevant master and specific plans being described, such as the Bressi Ranch Master Plan (sites 10 and 11) or The Shoppes Specific Plan (site 2)? 10.Sec�on 4.1 Aesthe�cs, subsec�on 4.1.3 Impact Analysis, c. Project Impacts and Mi�ga�on Measures, Threshold 1: In the third paragraph, so� language is used without explana�on – “in most cases”, “most of the development on the rezone sites”, “many of the views” – and only sites 1, 2, 11, and 12 are detailed for building height maximums. Three of those sites are listed as being part of master or specific plans (1, 2, and 11), but again, there is no descrip�on of their future underlying zoning designa�on or resultant development standards. We request that the descrip�on be clarified with callouts or descrip�ons of all sites proposed for rezoning. 11.Sec�on 4.2 Air Quality, subsec�on 4.2.3 Impact Analysis, c. Project Impacts and Mi�ga�on Measures, Threshold 2, Opera�on: It is not clear what is meant by “full buildout of the proposed project”. Please refer to comment 4 above regarding poten�al approaches to explaining the es�mated unit yield per site versus the assumed total unit yield of all new rezoned proper�es. An expanded discussion of the methodology for quan�fying air quality impacts could help support the impact conclusions. 12.Sec�on 4.4 Cultural and Tribal Cultural Resources: In Table 4.4-2 what is the difference between eligibility statuses of “N/A” versus “Unknown”. If a rezoned site, such as Site 10, is documented as vacant and has been previously disturbed with rough grading, why would its eligibility status be “unknown”? Furthermore, it is unclear if any previous CEQA review/documenta�on was reviewed to assist in the determina�on of poten�al historical resources at the rezone sites, specifically for those sites that are part of master or specific plans. If a site is listed as “unknown”, what would the future analyses process look like for a proposed project? 13.Sec�on 4.4 Cultural and Tribal Cultural Resources, subsec�on 4.4.4 Impact Analysis, c. Project Impacts and Mi�ga�on Measures, Threshold 4s and 4b: How can the conclusion be “less than significant” if consulta�on with tribes is on-going? If the tribes have mi�ga�on requests for any of the rezone sites, how will the city ensure compliance with the agreed upon measures? If site specific measures get incorporated into the Carlsbad Cultural Resource Guidelines, shouldn’t there be a mi�ga�on measure capturing that process in and of itself? What if consulta�on results in 15 16 17 18 19 20 21 2-44 t~L HOWES I WEILER I LANDY PLANNING & ENGINEERING Comments on the Housing Element Implementa�on Update Project SEIR 5 | Page measures specific to one of the rezone sites, how will the property owners (and public generally) be no�fied? 14.Sec�on 4.6 Greenhouse Gas Emissions: Similar to comment 11 related to air quality modeling, how was the growth forecast determined? Please also refer to comment 4 above. 15.Sec�on 4.6 Greenhouse Gas Emissions, subsec�on 4.6.3 Impact Analysis, c. Project Impacts and Mi�ga�on Measures: It was noted that the proposed project involves development beyond what was an�cipated in the 2015 General Plan EIR. Therefore, the new units (i.e., 3,295 units) and their associated GHG emissions were not accounted for in the CAP analysis. The targets and measures in the exis�ng CAP do not consider the growth accommodated by the proposed project and thus the proposed project would not be consistent with the exis�ng City of Carlsbad CAP. Furthermore, the SEIR presents, the 2015 General Plan EIR found that implementa�on of the CAP was required to reduce GHG impacts resul�ng from implementa�on of the General Plan. However, since the proposed project (i.e., 3,295 units) was not accounted for in the CAP analysis, the proposed project would not be consistent with the General Plan until the CAP is updated. This does not seem to make sense. While it is understood that the CAP would not apply to development of the sites listed for rezoning un�l it is updated, the project itself is meant to ensure consistency among city planning documents, including the General Plan. We ask that the city revise this statement for accuracy and possibly specify that the CAP is s�ll valid if the total number of units developed does not exceed the assump�ons contained in the analysis conducted as a part of the 2015 General Plan EIR. 16.Sec�on 4.6 Greenhouse Gas Emissions, subsec�on 4.6.3 Impact Analysis, Summary and Mi�ga�on Measure GHG-1: The SEIR concludes that as the project would result in an increase in housing units that were not accounted for in the CAP analysis, which included se�ng emissions reduc�ons targets and iden�fying measures to meet the targets, the proposed project would conflict with applicable plans, policies, and measures an agency adopted for the purpose of reducing emissions of GHG emissions and impacts would be poten�ally significant. Mi�ga�on Measure GHG-1 describes the steps the city must take to update the Climate Ac�on Plan, but it appears to be broad in its scope, not just upda�ng to account for the addi�onal units under the proposed project, but to update the en�rety of the CAP to account for new legisla�on. For example, what is AB 1279 and how is it related to the proposed project? It is discussed in the Regulatory Se�ng sec�on as exis�ng legisla�on, but no addi�onal men�on of it again un�l the mi�ga�on measure. While it is understood that the CAP needs to be updated to account for GHG emissions from the addi�onal units under this project (as well as generally requiring upda�ng), there may be a more efficient way to accomplish this while s�ll allowing for development of the rezoned site. For example, the exis�ng CAP accounts for emissions from a total maximum number of units (i.e., full buildout of the General Plan), rather than pinpoin�ng development of individual projects on individual lots. The city has an exis�ng available housing capacity of 6,218 units (SEIR Sec�on 2.4.8). Rather than viewing development on the rezone sites as individually impac�ng GHG emissions, the city could view development under the umbrella of the 6,218 available units citywide that are accounted for in the current CAP. Therefore, development can con�nue to be 21, cont 22 23 24 25 2-45 t1iivL HOWES I WEILER I LANDY PLANNING & ENGINEERING Comments on the Housing Element Implementa�on Update Project SEIR 6 | Page proposed on all eligible proper�es, including the rezone sites, as long as the total number of new units does not exceed 6,218 units citywide, while the CAP is being updated to account for the general increase in housing units and to address the new changes in legisla�on. 17.Sec�on 4.9 Land Use and Planning: We request that Table 4.9-1 Exis�ng Land Use Designa�on include a detail to indicate whether a site is in a master or specific plan area and label which one as applicable. 18.Sec�on 4.9 Land Use and Planning, subsec�on 4.9.2 Regulatory Se�ng, c. Regional and Local: There is a brief descrip�on of specific and master plans, but no detail is provided. We request that descrip�ons of all relevant, impacted specific or master plans be included throughout the SEIR, but par�cularly in the Land Use and Planning Sec�on as they are important to this sec�on discussion. In addi�on, there is no discussion of the city’s Climate Ac�on Plan as a regulatory document related to land use and planning. The CAP Consistency Checklist, which is used to ensure project compliance with citywide emissions reduc�on goals, includes specific design and opera�onal requirements that projects must comply with as part of the project review process. Please explain why this document is not included in the list of Local regulatory documents or add it to this sec�on. 19.Sec�on 4.9 Land Use and Planning, subsec�on 4.9.3 Project Impacts and Mi�ga�on Measures, Threshold 2: How can the city conclude less than significant impacts to land use plans and policies with no disclosed review of any impacted master or specific plans? Please refer to comment 3 above. Furthermore, the implementa�on of the project results in a significant and unavoidable impact related to GHG emissions un�l the city’s CAP is updated. Is the CAP not considered a land use plan or policy document? If it is, then how can the conclusion here be less than significant, whereas the conclusion to GHG Threshold 2 is significant and unavoidable? 20.Sec�on 4.10 Noise, subsec�on 4.11.2 Regulatory Se�ng, c. Local: Please include a discussion of McClellen-Palomar Airport Land Use Compa�bility Plan noise policies. 21.Sec�on 4.10 Noise, subsec�on 4.11.3 Project Impacts and Mi�ga�on Measures, d. Cumula�ve Impacts, Airport Noise: The cumula�ve discussion of airport noise does not seem to be writ en correctly. It is implying that the proposed increase in residen�al development would not result in an increase in aircra� opera�ons. This is impossible to know as it is feasible that an increase in local popula�on could result in an increase in demand for flights out of or into the local airport. Since the related threshold asks if a project would expose more people to airport noise, logically a cumula�ve increase in popula�on WOULD expose more people to airport noise. This conclusion should be rewrite n. 22.Sec�on 4.11 Popula�on and Housing: The air quality sec�on includes a mi�ga�on measure to report the revised city of Carlsbad growth projec�ons to SANDAG to ensure consistency with regional forecas�ng. Is the regional forecas�ng update part of the SANDAG 2021 Regional Plan? It would appear this should be discussed in the Pop and Housing sec�on somewhere. 23.Sec�on 4.15 Wildfire Impact WF-1: Impact HAZ-5 (page 4.7-21) determined that development facilitated by the project would not impair implementa�on of or physically interfere with an 25 cont 26 27 28 29 30 32 33 34 31 2-46 t~l. HOWES I WEILER I LANDY PLANNING & ENGINEERING Comments on the Housing Element Implementa�on Update Project SEIR 7 | Page adopted emergency response plan or emergency evacua�on plan. Impact T-4 (page 4.13-19) determined development of the project would not result in inadequate emergency access. Why then, is the determina�on of Impact WF-1 (page 4.15-13) that development facilitated by the project “could result in changes to emergency evacua�on routes or could increase roadway conges�on such that the use of an evacua�on route would be hindered”? The impact analysis discussion consistently concludes that there is no such hinderance or interference. This impact statement should be revised to reflect the analysis. 24.All Sec�on 4 Environmental Impact Analysis sec�ons, subsec�on 4.xx.2 Regulatory Se�ng, c. Local: Why is there no discussion of relevant master or specific plans in each sec�on? 25.All Sec�on 4 Environmental Impact Analysis sec�ons, subsec�on 4.xx.3 Impact Analysis, b. Prior Environmental Analysis: Perhaps this is an appropriate place to include a discussion of master and specific plan CEQA documents that made impact determina�on of the relevant sites (e.g., sites 1, 2, 7, 10, 11, 14, 15, and 19) related to environmental impacts, as appropriate. 26.All Sec�on 4 Environmental Impact Analysis sec�ons, subsec�on 4.xx.3 Impact Analysis, c. Project Impacts and Mi�ga�on Measures introduc�on: Provide more explana�on as to how the lead agency has determined that future updates to the Master and Specific Plans, for consistency between the city’s planning documents, in and of themselves will not result in physical changes to the environment thereby not resul�ng in impacts, but then each analysis sec�on focuses on impacts associated with implementa�on of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Sec�on 2, Project Description. Either there are impacts from these rezones or there are not. Please refer to comment 3 above. 27.General Comment: We recommend doing a review of references to the City’s CAP throughout the document. Since the update to the CAP is a substan�al mi�ga�on measure (SU un�l completed), it should be disclosed that any referenced CAP measures may need to be revised or amended with the update. This concern is notable in Sec�on 4.14 U�li�es and Service Systems where mul�ple CAP policies are referenced in support of policies decreasing poten�al impacts. Thank you for the opportunity to provide our comments and concerns. We look forward to receiving responses to our comments and con�nuing the conversa�on with the City of Carlsbad. Sincerely, on behalf of Saahil Khandwala of Alps Group, L. Stan Weiler - HWL Cc via email: Saahil Khandwala – Alps Group Eric Munoz - HWL Sally Schifman - HWL 34 cont 35 36 37 38 2-47 t~l. HOWES I WEILER I LANDY PLANNING & ENGINEERING City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter B2 COMMENTER: Saahil Khandwala of Alps Group DATE: August 28, 2023 Response B2-1 2-48 The commenter states that the owner of Site 10, Bressi Ranch Colt Place, has a vested interest in all changes proposed for their property. The commenter states that a condominium project was submitted for Preliminary Review and comments were received from the city on January 12, 2022, prior to issuance of the NOP for the Draft SEIR. The commenter states that the Planned Community (P-C) zoning of the site is covered by the Bressi Ranch Master Plan, which designates the site for Planned Industrial (P-M) uses. The commenter expresses that the current General Plan designation for the site is Planned Industrial (PI), which is proposed by the Housing Element Update to be amended to R-23. This comment includes background information and does not directly relate to the analysis or conclusions in the Draft SEIR. Response B2-2 Referring to the Executive Summary of the Draft SEIR, the commenter states that no mitigation measures are specifically required for development of Site 10. The commenter expresses his confusion whether general mitigation measures apply to all sites, and requests for clarification in the Draft SEIR. Unless otherwise specified in the mitigation measure, all mitigation measures in the Draft SEIR would apply to Site 10. For example, Mitigation Measure BIO-1 lists which sites the measure is required for and Site 10 is not included. The Mitigation Monitoring and Reporting Program (MMRP) lists which mitigation measures apply to which rezone sites. The MMRP is included in Appendix A of this Final SEIR. Response B2-3 Referring to Section 1, Introduction, of the Draft SEIR, the commenter states that Site 10 is called out in multiple public comments received during the public scoping period, such as for biological resources, transportation, and utilities and service systems. However, no direct discussion of Site 10 is provided. The commenter requests more direct language be included in the table or in sections to explicitly state that Site 10 will not result in impacts to the areas of concern stated in the public comments received during the NOP public scoping period. As explained in Section 1, Introduction, because the Draft SEIR analyzes impacts associated with the proposed land use changes described in Section 2, Project Description, and does not analyze specific development projects, the Draft SEIR is a Program EIR. Although the legally required contents of a Program EIR are the same as those of a Project EIR, Program EIRs are typically more conceptual and may contain a more general or qualitative discussion of impacts, alternatives, and mitigation measures than a Project EIR. Therefore, impacts associated with development on the rezone sites are analyzed at the program level. For example, air quality impacts are assessed for the program as a whole. Nonetheless, some issue areas, such as biological resources, address site-specific impacts and those impacts are called out as appropriate. Table 1-1 of the Draft SEIR adequately summarizes City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report responses to the NOP and indicates where issue raised are addressed in the Draft SEIR. No revisions to the Draft EIR have been made in response to this comment. Response B2-4 The commenter comments on Subsection 2.4.1 of the Draft SEIR and states that the Draft SEIR is not clear on when or how the amendments will be completed. The commenter recommends adding a statement in specifying when the master plan or specific plan amendments will be completed. As discussed in Section 2, Project Description, of the Draft SEIR, several of the rezone sites are within master or specific plans. These plans require amendment as necessary to ensure consistency with the General Plan and Zoning Ordinance and Map as proposed by this project. Amendments to master and specific plans that are occurring to ensure internal consistency amongst city planning documents and to implement the Housing Element are occurring as part of the proposed project and will occur at the same time the other zoning and General Plan amendments would occur. In response to this comment, additional information has been provided in Section 2, Project Description, to further explain the proposed amendments to the master and specific plans. These revisions are detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not constitute significant new information and recirculation of the Draft SEIR is not warranted. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-5 The commenter states that Section 4.9, Land Use, of the Draft SEIR concludes no significant impacts or mitigation measures. However, changing the underlying zoning designations of sites inherently implies a potential conflict with the governing land use plan and associated policies. The commenter expresses the opinion that if it has been determined that the change in underlying zoning designations will not result in specific environmental impacts related to the change to master plans or specific plans, this should be explicitly stated to support the conclusion of less than significant without mitigation. As acknowledged in Section 4.9, Land Use and Planning, of the Draft SEIR, the proposed project involves updates to master and specific plans that are being proposed as part of the project for consistency between the city’s planning documents. These amendments are being proposed to ensure that the city’s land use planning documents are internally consistent and that no conflicts between documents would result from implementation of the project. These amendments in and of themselves would not result in physical changes to the environment such that impacts would occur, but these amendments are intended to implement the Housing Element and ensure consistency among planning documents. The primary driver of the project that would result in physical environmental changes to the environment are the land use changes shown in Table 2-4 that would allow for increased development on the rezone sites compared to what would be allowed by the 2015 General Plan and as assumed in the 2015 General Plan EIR. The commenter has not provided substantial evidence that significant environmental land use impacts would occur and no changes to the Draft SEIR have been made in response to this comment. 2-49 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B2-6 The commenter expresses the opinion that a mitigation measure similar to Mitigation Measure GHG-1 of the Draft SEIR should be added under Section 4.9, Land Use, to lay out the process of updating any impacted specific plans or master plans, such as the Bressi Ranch Master Plan. Please see Response B2-4. The amendments to city land use plans are occurring at the same time as analyzed in the Draft SEIR and mitigation is not required. Response B2-7 The commenter expresses the opinion that proposed updates to the master plans and specific plans as part of the proposed project should be discussed in the Project Description and any potential impacts addressed in each relevant environmental topic section. The commenter opines that it should be clarified whether amendments to master and specific plans would require subsequent environmental analysis under their corresponding environmental documents. Section 2, Project Description, does explain that the proposed project involves amendments to several master and specific plans. Further, as discussed under the “Project Impacts and Mitigation” sections in each section within Section 4, Environmental Impact Analysis, of the Draft SEIR, these amendments themselves would not result in physical environmental impacts but are text changes to ensure internal consistency among city planning documents to implement the city’s Housing Element. Nonetheless, the Draft SEIR does analyze effects associated with buildout of the rezone sites that could occur after the land use amendments have been made because the development could result in physical environmental impacts and future development is a reasonably foreseeable outcome of the proposed project. No revisions to the Draft SEIR have been made in response to this comment. Response B2-8 The commenter comments on Table 2-4 of the Project Description and requests a “no change” designator be included for any site that will not include a change in zoning designations (i.e., sites 10, 11, and 19), as is shown for sites 14 and 15. In response to this comment, revisions have been made to Table 2-4 in Section 2, Project Description, of the Draft SEIR. These revisions are detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-9 The commenter requests for site sizes to be included in Table 2-4. In response to this comment, revisions have been made to Table 2-4 in Section 2, Project Description, of the Draft SEIR. These revisions are detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. 2-50 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B2-10 The commenter states that the baseline densities proposed in the Draft SEIR could be exceeded by pursuing the high-end of the density allowance of the R-23 designation implemented by the city, and then State Density Bonus units could be proposed on top of the density unit yield. The commenter expresses the opinion that Site 10 has the potential to yield up to 81 units rather than 49 units, and preliminary review of a residential project on the site that has already been initiated also includes up to 81 units on the property. The commenter questions how the Draft SEIR accounts for sites that will exceed mid-range baseline assumptions and apply State Density Bonus allowances. The commenter asks that since the Draft SEIR includes an estimated yield of 49 units on Site 10, if that would prevent future development from exceeding that number, or whether an amendment to the Draft SEIR would be required if a project on Site 10 proposes more than 49 units. The Draft SEIR estimates buildout at each of the rezone sites based on the assumptions listed in Section 2, Project Description, of the Draft SEIR. This is consistent with an approach to estimate impacts on a variety of sites in a programmatic EIR and consistent with the approach taken by the 2015 General Plan EIR. This document does not change existing state law, including allowing for density bonus. Should future development on Site 10 exceed estimated buildout, future development would determine the level of CEQA analysis needed. As explained in Section 1, Introduction, of the Draft SEIR, the city intends to take full advantage of the CEQA streamlining provisions in order to encourage the construction of more housing options more quickly and efficiently. The SEIR will help facilitate the opportunity for projects to utilize Public Resource Code Section 21159.24, which allows urban infill residential development that meets certain criteria be exempt from CEQA. The city would also facilitate the statutory Infill Housing Exemption by providing updated community level environmental review, as defined by Public Resources Code Section 21159.20, for properties designated for residential development by the General Plan. In addition, the city may utilize the SB266 CEQA streamlining provisions that was adopted as part of CEQA Guidelines Section 15183.3 to streamline review for eligible infill projects by limiting the topic subject to review at the project level. Therefore, at the time a specific development project is proposed, the project proponent in coordination with the city will determine what level of additional CEQA review is needed. This may include CEQA streamlining or an Addendum to the SEIR or possibly a project level CEQA analysis, if warranted. No revisions to the Draft SEIR have been made in response to this comment. Response B2-11 The commenter requests for the footnote that “unit yields are estimates only” under Table 2-4 to be expanded to clearly be applied to all site yield assumptions, expanded to explain why yields are estimates only, and/or include a new footnote or text paragraph that explains the use of total new unit yield (3,295 units) when analyzing certain topics verses the estimated yield per site and how the yield on individual sites may fluctuate and still be covered under the Draft SEIR, as long as the total number of projected new units is not exceeded. As explained in Section 1, Introduction, of the Draft SEIR, the proposed project involves the implementation of a broad policy planning document. The project-level details for each of the 18 rezone sites analyzed under the proposed project are not known at the time of preparation of the Draft SEIR. In this case, the Program EIR still serves a valuable purpose as the first-tier environmental analysis. The Program EIR approach would provide a sufficient level of analysis for the broad nature of the proposed project and future development goals. The city intends to take full advantage of the CEQA streamlining provisions in order to encourage the construction of more 2-51 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report housing options quicker and more efficiently. Future projects will be able to determine consistency with the analysis of the Draft SEIR to determine what level of additional CEQA review may be needed. No revisions to the Draft SEIR have been made in response to this comment. Response B2-12 The commenter states that Section 2.4.7 discusses the need to amend multiple master and specific plans in association with rezoning sites 1, 2, 7, 10, 11, 14, 15, and 19. However, the Draft SEIR does not elaborate how or when the amendments will be undertaken or if the amendments would require new environmental review under CEQA guidelines. Please see Response B2-4. Response B2-13 The commenter states that while Table 2-4 describes the change in land use designation and zoning, there is no description of the potential change in the master or specific plan designation of the site. The commenter provides Site 10 as an example, stating that it is currently zoned as Planned Industrial, but questions what the new designation of the site will be in the Bressi Ranch Master Plan. The commenter asks whether the change in Site 10’s underlying zoning designation would require revisions to the certified Bressi Ranch Master Plan EIR or if the Draft SEIR would be the appropriate CEQA document to assess future development on the site. Please see Response B2-4. Response B2-14 The commenter states that Section 2.6, Required Approvals, of the Draft SEIR details that future rezone site projects would adhere to mitigation measures identified in the Mitigation Monitoring and Reporting Program. Additionally, development consistent with the project description of the SEIR could proceed “by right” or could potentially qualify to tier from the Draft SEIR. The commenter requests explanation of how this applies to sites that fall within master or specific plan areas, especially since there are no details as to what these sites (e.g., sites 1, 2, 7, 10, 11, 14, 15, and 19) will be rezoned to under their governing land use plans or whether that action will require additional CEQA review related to each master or specific plan CEQA document. Please see Response B2-4. There is no difference in how sites within master and specific plans or those not in a master and specific plan would be treated under the proposed project. As discussed above, the master and specific plan amendments are occurring with the proposed project. No revisions to the Drat SEIR have been made in response to this comment. Response B2-15 The commenter requests for Table 3-1 to be revised to include whether a site is within a master or specific plan (e.g. sites 1, 2, 7, 10, 11, 14, 15, and 19). In response to this comment, Table 3-1 has been revised to state which sites are within a master or specific plan. These revisions are detailed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. 2-52 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B2-16 The commenter states that Table 4.3-1 of the Draft SEIR notes that Site 10 has been pre-graded prior to master plan mass grading activity and its vegetation community is designated as Disturbed. The commenter requests for this to be added to the description of Site 10 on Table 3-1. Table 3-1 already acknowledges that Site 10 has been previously graded. The table states “The site is a previously graded but vacant lot located between residential developments.” This table is an overview of the settings for each site whereas specific details are provided in the individual sections within Section 4 of the SEIR as needed. No revisions to the Draft SEIR have been made in response to this comment. Response B2-17 Referring to Section 4.1, Aesthetics, of the Draft SEIR, the commenter states that specific and master plans are very broadly discussed on page 4.1-5 of the Draft SEIR. The commenter states that the sentence “The Village Master Plan (described below) guides development in that area.” (emphasis added) is unclear as to what area is being referred to. The commenter questions why the relevant master and specific plans such as the Bressi Ranch Master Plan or The Shoppes Specific Plan is not described. In response to this comment, revisions have been made to Page 4.15 of the Draft SEIR to clarify the text and to add additional information relevant to the setting including a description of the Bressi Ranch Master Plan. These revisions are listed in Chapter 3, Revisions to the Draft SEIR. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-18 The commenter comments on Section 4.1.3, Aesthetics, of the Draft SEIR, and expresses the opinion that soft language such as “in most cases”, “most of the development”, and “many of the views” are used without explanation and only sites 1, 2, 11, and 12 are detailed for building height maximums. The commenter states that three of the sites (1, 2, and 11) are listed as being a part of a master or specific plan, but there is no description of their future underlying zoning designation or resultant development standards. The commenter requests that the description be clarified with callout for descriptions of all sites proposed for rezoning. As explained in Section 1, Introduction, because the Draft SEIR analyzes impacts associated with the proposed land use changes described in Section 2, Project Description, and does not analyze specific development projects because such projects have not been proposed at this time, the Draft SEIR is a Program EIR. Consistent with the CEQA requirements, development is analyzed conceptually and contains a more general or qualitative discussion of impacts associated with aesthetics than would be discussed in a Project EIR. Therefore, aesthetic impacts associated with development on the rezone sites are analyzed at the program level. The analysis does include additional info on rezone sites 1, 2, 11, and 12 because those are sites where the maximum allowed height would increase and therefore aesthetic impacts may occur. The commenter does not provide substantial evidence to contradict the findings or conclusions of the Draft SEIR and no changes have been made in response to this comment. A description of the zoning changes is provided in Table 2-4 in Section 2, Project Description, of the SEIR at the level of detail known at this time. 2-53 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B2-19 The commenter comments on Section 4.2.3, Air Quality, of the Draft SEIR and opines that it is unclear what is meant by “full buildout of the proposed project”, and points back to Comment B2-4. The commenter expresses the opinion that an expanded discussion of methodology for quantifying air quality impacts would help support the impact conclusions. As discussed on Page 4.2-11 in Section 4.2, Air Quality, of the Draft SEIR, “For this SEIR, the methodology for determining the significance of air quality impacts is by analyzing impacts resulting from buildout of the 18 rezone sites identified in Table 2-4 in Section 2, Project Description….For modeling purposes, this evaluation assumes that buildout under the proposed project would be 3,295 units of mid-rise apartments…during the planning period.” Please also see Response B2-4. Methodology for the air quality analysis is provided on pages 4.2-11 – 4.2-12. The commenter is not clear on what additional information about the methodology is recommended and no revisions to the Draft SEIR have been made in response to this comment. Response B2-20 The commenter comments on Section 4.4.4, Cultural and Tribal Cultural Resources, of the Draft SEIR and asks what the difference is between the eligibility statuses of “N/A” verses “Unknown” under Table 4.4-2. The commenter asks why Site 10’s eligibility status is “unknown” even though it is documented as vacant and has been previously disturbed with rough grading. The commenter states that it is unclear if any previous CEQA review/documentation was reviewed to assist in the determination of potential historical resources at the rezone sites, specifically for sites part of a master or specific plan. The commenter asks what future analyses would look like for a site listed as “unknown”. On Table 4.4-2, “N/A” indicates there is no built environment feature or structure present, or no built environment structure or feature that would become of-age over the course of the project. Therefore, “N/A” indicates a built environment evaluation would not be applicable. “Unknown” indicates the site contains an of-age building or structure, but no eligibility information is available. In response to this comment, clarifications have been made to Table 4.4-2 to explain this information and a clarification has been made regarding Site 10. Please see Chapter 3, Revisions to the Draft SEIR. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. As explained in Section 4.4, a California Historical Resources Information System (CHRIS) records search was conducted by the South Coastal Information Center (SCIC) in July 2022 for the proposed project. In addition, existing historical databases were reviewed. As stated, the inventory presented in Table 4.4-2 may not be exhaustive and additional potential historical resources may be located on project sites pending site-specific analysis. For sites indicated as “unknown” in the table, development facilitated by the project require an historical resources evaluation for developments involving a property that contains buildings or structures that are 45 years of age or older, per the Carlsbad Cultural Resource Guidelines. Response B2-21 The commenter comments on Section 4.4.4, Cultural and Tribal Cultural Resources, of the Draft SEIR and asks how the conclusion can be “less than significant” if consultation with tribes is still ongoing. The commenter asks if tribes have mitigation requests for rezone sites, how will the city ensure 2-54 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report compliance with the agreed-upon measures. The commenter wonders if a mitigation measure capturing the process of incorporation of specific measures to the Carlsbad Cultural Resource Guidelines should be added. The commenter asks how property owners will be notified if consultation results in measures specific to one of the rezone sites. Tribal consultation remains ongoing. The city continues to consult with the Rincon Band of Luiseno Indians, San Luis Rey Band of Mission Indians and the San Pasqual Band of Mission Indians. Upon conclusion of project consultation, future actions will be subject to additional consultation consistent with California Law. Response B2-22 The commenter comments on Section 4.6, Greenhouse Gas Emissions, of the Draft SEIR and asks how growth forecast is determined. As discussed on Page 4.6-16 in Section 4.6 of the Draft SEIR, “Long term emissions were analyzed quantitatively using the methodologies and assumptions presented in Section 4.2.2 (c), Air Quality Methodology. In the absence of an applicable quantitative threshold, emissions are presented for informational purposes, and the proposed project’s operational impacts are discussed qualitatively.” Please also see Response B2-19. Response B2-23 Referring to Section 4.6.3, Greenhouse Gas Emissions, the commenter summarizes the conclusions of the Draft SEIR that because the new 3,295 units and their associated GHG emissions were not accounted for in the CAP analysis, the CAP targets and measures do not consider growth accommodated by the project and the project would not be consistent with the existing CAP. The commenter states that it does not make sense that the proposed project (i.e., 3,295 units) would not be consistent with the General Plan until the CAP is updated. The commenter states that this does not make sense, and states that while it is understood that the CAP would not apply to development of the sites listed for rezoning until it is updated, the project itself is meant to ensure consistency among city planning documents, including the General Plan. The commenter requests the city revise the statement and specify that the CAP is still valid if the total number of units developed does not exceed the assumptions contained in the analysis conducted as a part of the 2015 General Plan EIR. As explained on Pages 4.6-17 – 4.6-18 of the Draft SEIR, the existing CAP was adopted with the 2015 General Plan. The Draft SEIR is a supplemental EIR tiering from the 2015 General Plan EIR and the 2015 General Plan EIR found that implementation of the CAP was needed to reduce GHG impacts resulting from implementation of the General Plan. Therefore, because the proposed project was not accounted for in the CAP analysis, the proposed project would not be consistent with the General Plan until the CAP is updated. Nonetheless, individual projects could still move forward and would be subject to the provisions of the existing CAP until the CAP is updated pursuant to Mitigation Measure GHG-1. As stated in Section 4.6, Greenhouse Gas Emissions, of the Draft EIR, impacts related to GHG emissions would be significant and unavoidable. It should also be noted that the buildout assumption in the Draft SEIR of 3,295 units reflects a reasonably foreseeable maximum amount of development. It is not intended as a development cap that would restrict development on individual rezone sites. Rather, the Draft SEIR allows for flexibility in the quantity and profile of future development within each rezone site. Through the established planning and environmental review and permitting processes required of each 2-55 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report individual development in the City of Carlsbad under the proposed project, City of Carlsbad staff would monitor actual development. As stated in Section 1, Introduction, of the Draft SEIR, once a Program EIR has been prepared, subsequent activities within the program must be evaluated to determine whether an additional CEQA document needs to be prepared. However, if the Program EIR addresses the program’s effects as specifically and comprehensively as possible, many subsequent activities could be found to be within the Program EIR scope and additional environmental documents may not be required (14 CCR 15168[c]). Response B2-24 Referring to Section 4.6.3, Greenhouse Gas Emissions, of the Draft SEIR, the commenter reiterates the Draft SEIR conclusion that the project would result in an increase in housing units that were not accounted for in the CAP analysis, and would result in a potentially significant impact related to reducing GHG emissions. The commenter expresses the opinion that Mitigation Measure GHG-1 is broad in its scope. The commenter asks what AB 1279 is and how it is related to the project. As discussed in Section 4.6.2b, Greenhouse Gas Emissions – State Regulatory Setting, of the Draft SEIR, AB 1279, “The California Climate Crisis Act,” was passed on September 16, 2022 and declares the State would achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. In addition, the bill states that the State would reduce GHG emissions by 85 percent below 1990 levels no later than 2045. CARB’s new 2022 Scoping Plan lays out a path to achieve AB 1279 targets, and constitutes as a plan adopted for the purpose of reducing the emissions of greenhouse gases (Threshold 2). Impact GHG-1 of Section 4.6 analyzes consistency between the proposed project and the 2022 Scoping Plan, and finds that the proposed project would not conflict with the 2022 Scoping Plan. No revisions to the Draft SEIR have been made in response to this comment. Response B2-25 The commenter states that the existing CAP accounts for emissions from a total maximum number of units rather than pinpointing development of individual projects on individual lots. The commenter expresses the opinion that rather than viewing development on the rezone sites as individually impacting GHG emissions, the city could view development under the umbrella of the 6,218 available units citywide that are accounted for in the current CAP. Therefore, on the rezone sites, as long as the total number of new units does not exceed 6,218 units citywide, development can continue while the CAP is being updated. The commenter’s suggestion is noted, but the proposed project analyzes impacts associated with development in addition to development under the city’s General Plan. No revisions to the Draft SEIR have been made in response to this comment. Response B2-26 The commenter requests for Table 4.9-1 in Section 4.9, Land Use and Planning, to include whether a site is in a master or specific plan area and label as applicable. Table 4.9-1 in Section 4.9, is the existing General Plan land use designations for the sites. However, Section 2, Project Description, and Section 3, Environmental Setting, have been revised to state which sites are within master and specific plan areas. These revisions are listed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft 2-56 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-27 Referring to Section 4.9.2, Land Use and Planning, of the Draft SEIR, the commenter requests descriptions of all relevant, impacted specific or master plans to be included throughout the Draft SEIR, and particularly in the Land Use and Planning section. Section 2, Project Description, and Section 3, Environmental Setting, have been revised to state which sites are within master and specific plan areas. These revisions are listed in Chapter 3, Revisions to the Draft SEIR, of this document. Additional revisions to the Land Use and Planning Section have been made in response to this comment to add additional information about applicable master and specific plans and these revisions are listed in Chapter 3, Revisions to the Draft EIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-28 Referring to Subsection 4.9.2, Regulatory Setting of Section 4.9.2, Land Use and Planning, of the Draft SEIR, the commenter states that the CAP should be discussed as part of the land use and planning section since projects must comply with the CAP Consistency Checklist as part of the project review process. The commenter asks why the document is not included in the list of regulatory documents or for it to be added to the section. As discussed in Section 4.9, Land Use and Planning, of the Draft SEIR, the plan consistency analysis describes existing regional and local plans and policies and is intended to fulfill the requirements of CEQA Guidelines Section 15125(d). The emphasis of the analysis is on plan inconsistency and potential conflicts between the project and existing applicable land use plans, and whether any inconsistencies are significant environmental effects. Consistency with the CAP is discussed in Section 4.6, Greenhouse Gas Emissions, of the Draft SEIR because the CAP is a document that sets forth goals for GHG reductions in the city but it is not a document that guides land use decisions or sets land use standards. Future development under the proposed project would be required to assess consistency with the CAP Consistency Checklist as applicable. No revisions to the Draft SEIR have been made in response to this comment. Response B2-29 The commenter comments on Section 4.9.3, Land Use and Planning, of the Draft SEIR and asks how the city can conclude less than significant impacts to land use plans and policies with no disclosed review of any impacted master or specific plans. As stated in Section 4.9, Land Use and Planning, updates to the Master and Specific Plans that are being proposed as part of the project for consistency between the city’s planning documents in and of themselves would not result in physical changes to the environment such that impacts would occur. It is unclear what impacts the commenter assumes could occur related to the master and specific plan amendments. The commenter does not provide substantial evidence to contradict the findings or conclusions of the Draft SEIR and no changes have been made in response to this comment. 2-57 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B2-30 The commenter expresses the opinion that since the project would result in significant and unavoidable impacts related to GHG emissions until the CAP is updated, the conclusion in the Land Use and Planning section cannot be less than significant while the conclusion of GHG Threshold 2 is significant and unavoidable. As stated in Section 4.9, Land Use and Planning, of the Draft SEIR, “For an impact to be considered significant, an inconsistency would also have to result in a significant adverse change in the environment not already addressed in the other resource chapters of this EIR.” (Emphasis added). The impact associated with CAP consistency was disclosed in Section 4.6, Greenhouse Gas Emissions, of the Draft SEIR and not discussed in the land use and planning section. See also Response B2-28. Response B2-31 The commenter comments on Section 4.10.2, Noise, of the Draft SEIR and requests inclusion of McClellen-Palomar Airport Land Use Compatibility Plan noise policies. In response to this comment Page 4.10-32 of the Draft SEIR has been revised as detailed in Chapter 3, Revisions to the Draft SEIR. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response B2-32 The commenter comments on Section 4.10.3, Noise, of the Draft SEIR and says that cumulative determination is incorrect since it is implying that the proposed increase in residential development would not result in an increase in aircraft operations, whereas the threshold asks if the project would expose more people to airport noise, which it would from a logical point of view. Impact NOI-4 in Section 4.10, Noise, analyzes impacts associated with the proposed project potentially exposing people to excessive airport noise. As discussed, except for a small portion of Site 9, none of the rezone sites would be exposed to noise levels of more than 65 dBA CNEL due to airport noise. Therefore, the increased residential development associated with the proposed project would only subject a portion of one site to noise above 65 dBA CNEL. The project itself would not result in any additional growth that would expose more people to noise, nor would it increase airport operations such that noise associated with the airport would increase and affect a larger number of residents in the vicinity of the airport. Section 4.10.3d, Noise – Cumulative Impacts, states that “Although citywide growth could increase the number of people who are exposed to aircraft-related noise impacts, such impacts would be localized in nature… The project would have no contribution to a cumulative impact related to airport hazards or noise. Impacts related to airport or airstrip noise would not be cumulatively considerable and cumulative impacts would be less than significant.” The conclusion in this section is accurate and no changes to the Draft SEIR have been made in response to this comment. Response B2-33 Referring to Section 4.11, Population and Housing, of the Draft SEIR, the commenter asks if regional forecasting update is part of the SANDAG 2021 Regional Plan. The commenter opines that this should be discussed. 2-58 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report As discussed in Section 4.11 of the Draft SEIR, the Housing Element is designed to accommodate regional growth anticipated by SANDAG’s RHNA projections. In accordance with Mitigation Measure AQ-1, Housing Forecast Revisions, prior to the next update of the RHNA and within six months of the certification of the Final SEIR, a city planner will provide a revised housing forecast to SANDAG to ensure that any revisions to the population and employment projections used by SDAPCD in updating the RAQS and the SIP will accurately reflect anticipated growth due to the proposed project. It is assumed that SANDAG will update their regional growth forecasts as appropriate when the Regional Plan is next updated. The commenter does not provide substantial evidence to contradict the findings or conclusions of the Draft SEIR and no changes have been made in response to this comment. Response B2-34 Referring to Section 4.15, Wildfire, of the Draft SEIR, the commenter asks why Impact WF-1 determined that development “could result in changes to emergency evacuation routes or could increase roadway congestion such that the use of an evacuation route would be hindered” if Impact HAZ-5 and T-4 determined that the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan or result in inadequate emergency access. The commenter selects one sentence in isolation that introduces the topic and explains that an impact could occur, but the full analysis under Impact WF-1 and Impact T-4 explains why the project would not result in a significant environmental impact due to the features of the project and existing laws and regulations that would address the impact. The commenter does not provide substantial evidence to contradict the findings or conclusions of the Draft SEIR and no changes have been made in response to this comment. Response B2-35 The commenter asks why there is no discussion of relevant master or specific plans in each section. Please see Response B2-17 and B2-27. Each environmental impact section provides adequate setting information to form the baseline of the environmental analysis as required by CEQA. Other than the revisions made to the Aesthetics and Land Use and Planning sections of the Draft SEIR, there are no other sections of the Draft SEIR where it is necessary to provide additional information on the master and specific plans as part of the setting where such information is not already provided as appropriate. Response B2-36 The commenter expresses the opinion that each resource area should include a discussion master and specific plans under the regulatory setting section. Please see Response B3-35. Response B2-37 The commenter requests further explanation as to how the lead agency has determined that future updates to master and specific plans would not result in physical changes to the environment and not result in impacts, but each analysis section focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 sites. 2-59 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Please see Response B2-4 and B2-5. Response B2-38 The commenter recommends reviewing references to the CAP and disclosing that any referenced CAP measures may need to be revised or amended with the update. The commenter points to Section 4.14, Utilities and Service Systems, where multiple CAP policies are referenced in support of policies decreasing potential impacts. The Draft SEIR has been reviewed in response to this comment and no further changes have been made. While Section 4.14, Utilities and Service Systems, does reference some CAP policies, these policies are not solely relied on in the impact analysis to ensure impacts would be less than significant. Impacts would be less than significant even without implementation of CAP policies. 2-60 BROOKFIELD PROPERTIES3200 Park Center Drive #1000, Costa Mesa, California, 92626 T +1 714 427 6868 F +1 714 200 1800 brookfieldproperties.com August 28, 2023 Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Scott.donnell@carlsbadca.gov Re.: Housing EIR Comments from Brookfield Dear Scott: Brookfield, as owner of the Shoppes at Carlsbad mall, has reviewed the Draft Supplemental Environmental Impact Report dated July 2023 and has the following comments. 1.Land Use Designation: The entire 90+ acre mall currently has the zoning classification of C-2, General Neighborhood Commercial. a.Brookfield requests the entire 90+ property is re-zoned for mixed use that will allow commercial, such as the C-2 classification, and hospitality or residential uses. The EIR only contemplates rezoning the parking fields and not the developed portions of the property. The comprehensive rezoning of the ninety 90+ acres will facilitate long term planning that may contain a mix of uses. 2.Rezone Site Characteristics: Table 3-1 Impacts of third-party ownership/city covenants (page 79) accurately states that the 57 acres included in the EIR “is owned by the city and encompasses the parking lots for The Shoppes at Carlsbad mall and a North County Transit District transit station”. However, is omits the fact that deed restriction limits this land for mall parking and any change of such use requires the mutual consent of the City and mall ownership. a.Brookfield requests that this potential impact is identified in the EIR. 3.New Zoning (2-10, page 64): The EIR proposes “addition of two new residential land use designations (R- 35 and R-40) for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city’s RHNA share”. There are also some portions of the mall that are proposed to be rezoned to the R/R-40/R-23/OS and R/R- 40/R-23 land use descriptions. a.Brookfield requests that the existing developed land footprint also be designated with a mixed-use zoning. That should permit the existing commercial use and potential other future uses including residential. This zoning on the developed footprint should allow up the R-40 density, as well as permit lower density housing to provide a broad range of rental and ownership housing that is needed in the area. This will further allow any future housing to have the flexibility best integrate into adjoining land uses. b.Residential housing should consider a range of uses inclusive of: Letter B3 1 2 3 2-61 Brookfield Properties Page 2 BROOKFIELD PROPERTIES 2 i.Small lot single family detached homes and duplexes with densities of 6-12 homes per acre. Typically, ownership housing. ii.Townhomes with densities of 12-24 homes per acre. Typically, ownership housing. iii.Three and four-story walk-up buildings with densities of 18-40 units per acre. Typically, apartments. iv.Wrap residential with densities over 40 units per acre. Typically, apartments. 4.Blending of Zoning: The EIR is silent on the ability to blend densities. Rather it sets minimum and maximum densities. a.Brookfield requests that within any zone, the development may have blended densities that take advantage of site topography and offer appropriate bulk and scale to the surrounding uses. This blending should be able to cross zoning designations on the entire 90+ acre property, provided the actual development falls within the overall density range. 5.On Site Transfer of Density: To address the blending of density noted in #4 above: a.Brookfield requests that densities may be transferred between zones on the entire 90+ acre property if that provides more appropriate bulk and scale of development in particular areas. The total transferred densities should not deviate from what densities would be without such density transfers. 6.Conversion of Existing Commercial to Other Land Uses: The EIR implies that the existing 1.1 million square feet of commercial development will remain. Changing market demand may not support this level or type of commercial. a.Brookfield requests that the EIR allow removal of existing commercial and replacement by other land uses that have the same or lower Impacts under the EIR. For example, every 100,000 square feet of commercial removed may be replaced by X housing units, or Y hotel rooms, or Z square feet of office, etc. 7.Off Site Residential Transfer: The 19 sites identified may prove to not be equally actionable for new housing. This may be a result of existing uses, site constraints, etc. a.Brookfield requests that should any of the 19 identified sites prove undevelopable, those units may be transferred to the 90+ acre mall site provided this does not change the impacts studied in this EIR. 8.Attachments: Attached are maps that show the parcels and City proposed zoning prepared by Brookfield. a.Brookfield requests that the city and Brookfield discuss the appropriate residential/commercial mixed-use zoning for those non-City owned parcels on the maps. Please free to call or email me if you have any questions about our comments. Best regards, BROOKFIELD PROPERTIES DEVELOPMENT Tony Pauker Vice President of Acquisitions 3, cont 4 5 6 7 8 2-62 01.21.19 1THE SHOPPES AT CARLSBAD Property Ownership Exhibit OCEANSIDE CARLSBAD OCEANSIDE CARLSBAD 12345678 9 1011 3059 3132 12 13 14 1516 1718a18b 19a 19b 20 21 22 23 24a24b 25a25b 26 27 28 OCEANSIDE CARLSBAD 12345678 9 1011 3059 3132 12 13 14 1516 1718a 18b 19a19b 20 21 22 23 24a24b 25a25b 26 27 28 OCEANSIDE CARLSBAD 12345678 9 1011 3059 3132 12 13 14 1516 1718a18b 19a 19b 20 21 22 23 24a24b 25a25b 26 27 28 City Owned Property Brookﬁeld Owned Property Other Owned Property N NOTEBoundaries based on ALTA survey provided by Brookﬁeld.Exhibit to be used only as visual representation. Drawing not to scale. PROPERTY OWNERSHIP EXHIBIT Long-term ground lease to others. OCEANSIDE CARLSBAD APN: 156-301-11 Lot No: 27 Proposed Designation: R/R-40/R-23/OS Potential Yield: 422 Units 23.6 AC (including 1 AC of OS) APN: 165-120-59 Lot No: 9 Owner: The Parking Authority of the City of Carlsbad Located in City of Oceanside 10.10 AC APN: 156-301-10 Lot No: 26 Proposed Designation: R/R-40 Potential Yield: 26 Units 1.43 AC APN: 165-302-32 Lot No: 32 Owner: City of Oceanside 2.39 AC APN: 156-301-06 Lot No: 22 Proposed Designation: R/R-40 Potential Yield: 27 Units 1.45 AC APN: 156-302-24 Lot No: 9 Proposed Designation: R/R-40/R-23 Potential Yield: 504 Units 29.81 AC APN: 156-302-23 Lot No: 7 Proposed Designation: R/R-40 Potential Yield: 14 Units 0.77 AC Brookfield Properties Penny Properties Sub Holdings LLC Macy's Primary Real Est Inc MSC LLC Bridgestone Retail Operations LLC 2-63 01.21.19 2THE SHOPPES AT CARLSBAD Property Ownership Exhibit OCEANSIDE CARLSBAD 12345678 9 1011 3059 3132 12 13 14 1516 1718a 18b 19a19b 20 21 22 23 24a24b 25a25b 26 27 28 N OCEANSIDE CARLSBAD 12345678 9 1011 3059 3132 12 13 14 1516 1718a18b 19a 19b 20 21 22 23 24a24b 25a25b 26 27 28 PROPERTY OWNERSHIP EXHIBIT City Owned Property NOTEBoundaries based on ALTA survey provided by Brookﬁeld.Exhibit to be used only as visual representation. Drawing not to scale. LOT NO.APN OWNERSHIP 1 156-302-23 City of Carlsbad 2 156-302-22 Brookﬁeld Properties Inc. 3 156-302-21 Brookﬁeld Properties Inc. 4 156-302-20 Brookﬁeld Properties Inc. 5 156-302-19 Brookﬁeld Properties Inc. 6 156-302-18 Brookﬁeld Properties Inc. 7 156-302-17 City of Carlsbad 8 156-302-25 City of Carlsbad 9 156-302-24 City of Carlsbad 10 156-302-07 Brookﬁeld Properties Inc. (Long-term ground lease to other) 11 156-302-06 Marjoram Associates 12 156-302-08 Brookﬁeld Properties Inc. 13 156-302-09 Brookﬁeld Properties Inc. 14 156-302-16 Macy’s Primary Real Estate 15 156-302-15 Macy’s Primary Real Estate 16 156-302-14 The Parking Authority of the City of Carlsbad 17 156-302-27 Brookﬁeld Properties Inc. 18a 156-302-12 CalPERS (Ground) 18b 156-302-12 Westcore Development (Improvements) 19a 156-302-26 CalPERS (Ground) 19b 156-302-26 Westcore Development (Improvements) 20 156-302-10 JC Penny 21 156-301-14 City of Carlsbad 22 156-301-06 The Parking Authority of the City of Carlsbad 23 156-301-07 Brookﬁeld Properties Inc. 24a 156-301-08 CalPERS (Ground) 24b 156-301-08 Westcore Development (Improvements) 25a 156-301-09 Brookﬁeld Properties Inc. (Ground) 25b 156-301-09 Sears Roebuck & C. PCR (Improvements) 26 156-301-10 The Parking Authority of the City of Carlsbad 27 156-301-11 City of Carlsbad 28 156-301-12 Brookﬁeld Properties Inc. 30 156-302-30 Brookﬁeld Properties Inc. 31 156-302-31 City of Oceanside & City of Carlsbad 32 156-302-32* City of Oceanside 59 165-120-59* The Parking Authority of the City of Carlsbad** * 0.43 acre discrepancy between Assessor Map and ALTA ** Owned by the City of Carlsbad but under City of Oceanside jurisdiction. NOTE: Data obtained from 1/18/2018 "Property Ownership Exhibit" by Hofman Planning & Engineering. Brookﬁeld Properties Inc. OCEANSIDE CA RLSBAD MSC LLC CalPERS (Ground)MSC LLC CalPERS (Gr Westcore De MSC LLC CalPERS (GrMSC LLC CalPERS (Gr Westcore De MSC LLC CalPERS (GrMSC LLC Bridgestone Retail Operations LLC 2-64 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter B3 COMMENTER: Tony Pauker, Brookfield Properties Development DATE: August 28, 2023 Response B3-1 The commenter identifies as Brookfield Properties, the owner of the Shoppes at Carlsbad mall. The commenter states that the Draft SEIR only proposes rezoning of the parking lots and not the developed portions of the property, and requests for the entire property to be rezoned to mixed- use that would allow for commercial and hospitality or residential uses. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response B3-2 The commenter states that Table 3-1 (Impacts of third-party ownership/city covenants) states that 57 acres included in the Draft SEIR “is owned by the city and encompasses the parking lots for The Shoppes at Carlsbad mall and a North County Transit District transit station.” The commenter states that, however, this omits the fact that deed restriction limits this land for mall parking and any change of use requires mutual consent of the city and mall ownership. The commenter requests for this potential impact to be identified in the Draft SEIR. While it is acknowledged that deed restrictions may be present, the city has the authority to rezone the site and rezoning and potential future development associated with the rezoning is analyzed throughout the Draft SEIR. Response B3-3 The commenter states that certain portions of the mall are proposed to be rezoned to the R/R-40/R- 23/OS and the R/R-40/R-23 land use designations. The commenter requests for the existing developed land to be designated mixed-use and allow up to the R-40 density as well as permit lower-density housing. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response B3-4 The commenter expresses the opinion that the Draft SEIR fails to blend densities and rather sets minimum and maximum densities. The commenter requests that development within any zone may have blended densities that take advantage of site topography and offer appropriate bulk and scale to surrounding uses. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and 2-65 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response B3-5 The commenter requests for densities to be transferred between zones on the entire property. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. Response B3-7 The commenter expresses the opinion that changing market demand may not support the notion from the Draft SEIR that the existing 1.1 million square feet of commercial development will remain. The commenter requests the Draft SEIR to allow removal of existing commercial and replacement by other land uses that have the same or lower impacts under the Draft SEIR. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no revisions to the SEIR are required. Response B3-6 The commenter expresses the opinion that should any of the 19 identified sites prove undevelopable, units should be transferred to the 90-acre mall site provided that this does not change the impacts studied in the Draft SEIR. The Draft SEIR analyzes the project as proposed and as summarized in Section 2, Project Description, of the Draft SEIR. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no revisions to the SEIR are required. Response B3-7 The commenter requests the city and Brookfield discuss the appropriate residential/commercial mixed-use zoning for non-city owned parcels on the maps attached to the letter. This comment is noted and will be provided to city decision-makers for consideration. The comment does not pertain to the adequacy of the Draft SEIR and no revisions to the Draft SEIR are required. 2-66 1 2 3 4 5 2-67 Letter B4 ~~ ~ Owners' Association 5200 El Camino Real, Carlsbad, CA 92010 Phone: 760-438-0332 FAX: 760-438-1808 ( Scott Donnell, Senior Planner City of Carlsbad AUG ;3 0 2023 Planning Division City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Dear Mr. Donnell: August 22, 2023 This is a letter of opposition from the Rancho Carlsbad Owners' Association Board of Directors regarding the City's proposed zoning change for Site 4 (northeast corner of El Camino Real and College Blvd.) The Association represents 504 households with more than 800 voters who, along with so many others in this quadrant, will be directly and adversely impacted by the proposed changes. * Site 4 was originally planned for commercial/shopping, then to mixed use - commercial/shopping and housing. A high density housing proposal not only removes sorely needed shopping services from the area, but would also compound an already intolerable traffic tangle at this intersection as well up and down El Camino Real and College Blvd. Traffic management must be a priority and developed before anymore residents can be "cornered" into traffic and parking purgatory. This is not just about inconvenience -it is about quality of living and greatly about safety as well. * Another major concern for Rancho Carlsbad residents is that the new proposal could cut-off the Community's Emergency Exit route. Since the City of Carlsbad has failed to address lack of adequate ingress/egress to/from Rancho Carlsbad, the ,, Community relies on an ad hoc dirt road as its' Emergency Route. Take that away and we are even more stranded. * The City is well aware of the flood threats that The Agua Hedionda Creek poses for Rancho Carlsbad. Additional hardscape storm water run-off from high density development on Site 4 would only exacerbate and heighten the risk of loss of property, and potentially life, in our community. These concerns highlight the existing problems and issues with the zoning changes. There is much more at stake in this proposal than finding a "spot" for meeting housing mandates. Rancho Carlsbad and this quadrant deserve and insist that this new Site 4 zoning proposal be rejected. ~~resident : Rancho Carlsbad Owners' Association Page 1 of2 2-68 Keith Blackburn, Mayor ~~ ~ Owners' Association 5200 El Camino Real, Carlsbad, CA 92010 Phone: 760-438-0332 FAX: 760-438-1808 ( Carolyn Luna, District 2, Council Member Scott Chadwick, City Manager Jason Haber, Director of Intergovernmental Affairs Russ Kohl, Co-Chair, External Relations Committee Seena Seward, Co-Chair, External Relations Committee Nancy Dungan, Chair, Creek Control Committee Board of Directors, Rancho Carlsbad Owners' Association Page 2 of2 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter B4 COMMENTER: Raymond Bower, Rancho Carlsbad Owners Association DATE: July 27, 2023 Response B4-1 The commenter expresses the Rancho Carlsbad Owners’ Association Board of Director’s opposition to the city’s proposed zoning change for Site 4. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no revisions to the SEIR are required. Response B4-2 The commenter states that Site 4 was originally planned for commercial/shopping uses, and a high- density residential use as proposed would remove the needed shopping services from the area and would worsen traffic at the intersection as well as up and down El Camino Real and College Boulevard. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response B4-3 The commenter states that the new proposal for Site 4 would cut off the community’s emergency exit route since the community currently relies on an ad hoc dirt road as its emergency route. The emergency exit route that the commenter refers to is not a designated evacuation route. The commenter does not provide evidence that the community relies on a dirt road for emergency evacuation. As discussed under Impact HAZ-5 in Section 4.7, Hazards and Hazardous Materials, of the Draft SEIR, the city has adopted the “City of Carlsbad Emergency Operations Plan” prepared in conjunction with the Unified San Diego County Emergency Services Organization (USDCESO) which addresses the city’s planned response to extraordinary emergency situations associated with any type of natural disaster, technological incident, or state of war emergency. The USDCESO has also prepared an Operational Area Emergency Plan which outlines determination of emergency evacuation routes during emergencies, and states that evacuation routes will be determined based on the location and extent of the incident and will include as many pre-designated transportation routes as possible.3 As discussed in Section 4.15, Wildfire, of the Draft SEIR, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, 3 USDCESO Operational Area Emergency Plan: https://www.sandiegocounty.gov/oes/emergency_management/protected/docs/2010_Complete_Plan_w_Annexes.pdf 2-69 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report signage, and water supply; this help prevent loss of structures or life by reducing access limitations for purposes of accessing and suppressing wildfire locations. CCR Title 14 also sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards. Additionally, consistent with the San Diego County’s Emergency Operations Plan’s purpose to provide a system for effective management of emergency situations, development facilitated by the project would provide emergency vehicle access points and adequate fire truck and apparatus turning radii and clearance for purposes of adequate emergency access and response within Carlsbad in compliance with California Fire Code. Furthermore, the project does not propose physical changes such as realigned or closed-off roadways or changes in general transportation circulation and access that would interfere or impair emergency response or evacuation citywide. As such, the project would also not result in changes to emergency evacuation routes such that use of an evacuation route would be hindered. The proposed project also includes updates to the Public Safety Element, which would ensure future development would not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan through the addition of policies 6-P.48, 6-P.50 to 6- P.69. Future development would be required to undergo site-specific environmental review which would ensure less than significant impacts regarding emergency evacuation. Additionally, as found in the 2015 General Plan EIR, policies 3-P.12, 3-P.29, 3-P.30, and 3-P.33 would reduce impacts related to emergency access. Therefore, the proposed project would not result in inadequate emergency access. Response B4-4 The commenter explains that the Agua Hedionda Creek poses a flood threat for the Rancho Carlsbad community and additional stormwater run-off from high-density development on Site 4 would exacerbate the risk of loss of property and potentially life in the community. As discussed under Impact HYD-4 in Section 4.8, Hydrology and Water Quality, although a portion of Site 4 contains designated floodplain areas near Agua Hedionda Creek, development on this site would be required to comply with CMC Chapter 21.110, Floodplain Management Regulations, which sets forth design requirements in flood-prone areas such as elevating all residential structures at least two feet above the base flood elevation and constructed with materials that can resist strong hydrostatic and hydrodynamic loads. Additionally, all development would be required to comply with all regulations and requirements set forth by FEMA and the CMC, which would reduce impacts related to flood flows and the release of pollutants in flood-prone areas. Policies 6-P.1 through 6- P.12 of the Public Safety Element Update would also implement and develop flood control programs and require installation of protective structures to minimize impacts of flooding, resulting in less than significant impacts. As discussed under Impact HYD-3, the proposed project would not alter the existing drainage patterns or contribute runoff water in a manner which would result in substantial erosion, siltation, or flooding, nor would it exceed the capacity of existing or planned stormwater drainage systems with compliance with applicable State and local regulations. No revisions to the SEIR have been made in response to this comment. 2-70 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response B4-5 The commenter expresses the opinion that the Site 4 proposal be rejected. The commenter’s opinion about the project and proposed rezoning is noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no revisions to the SEIR are required. 2-71 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report 2.3 Individuals Comments and Responses This section provides each letter received from individuals in response to the Draft SEIR, with specific comments identified with a comment code in the margin. Following the letters, responses to the comments are provided. 2-72 1 From:Sonck4@roadrunner.com Sent:Saturday, July 15, 2023 6:52 AM To:Scott Donnell Subject:FW: Housing EIR available for review 🏠 Mr. Donnell, I'm writing you again ( did so 2 years ago) regarding proposed development of up to 150 residential unit on Site 8, specifically the current Cottage Row Apartments. NO!!!!!!!!!!!!!!!! NO!!!!!! NO!!!!!!! The city is already over- developing this area with the two new MDU developments under construction at the intersection of Aviara Parkway and Palomar Airport Road!!!! This ridiculous density is killing our quality of life in the Aviara area!!!!! The increased traffic and noise is already going to continue to worsen as these two units are occupied!!!!! Aviara Parkway has become a frag racing strip and is DANGEROUS!! The city should have halted residential construction in this area following completion of the Laurel Tree Apartment complexes years ago!!!! This is a family community with schools like Aviara Oaks Elementary & Middle Schools and Pacific Rim Elementary nearby! Traffic is already at a dangerous level due to over development! NO MORE!!!!! Go east and in commercial areas for new residential construction!!!! Enough is enough!!!! Donald Sonck 6482 Torreyanna Circle Carlsbad 92011-4211 Mobile: 760.330.0525 Letter C1 1 2 2-73 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C1 COMMENTER: Donald Sonck DATE: July 15, 2023 Response C1-1 The commenter expresses opposition to the proposed development of up to 150 residential units on Site 8. The commenter states an opinion that the city is already overdeveloping this area with the two new MDU developments under construction at the intersection of Aviara Parkway and Palomar Airport Road. Approval of the proposed project would not approve any physical development (e.g., construction of housing or infrastructure). However, the Draft SEIR assumes that such actions are reasonably foreseeable future outcomes of the proposed project because the proposed project. As required by CEQA, the Draft SEIR also analyzes cumulative impacts from development under the proposed project in combination with reasonably foreseeable development in the city. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C1-2 The commenter expresses an opinion that there is increased traffic and noise near Site 8 that will worsen with development on the site as part of the proposed project. The commenter expresses an opinion that the city should have halted residential construction in this area following the completion of the Laurel Tree Apartment complexes years ago. The commenter recommends new residential development be implemented in the east and in commercial areas. As discussed under Section 4.10, Noise, of the Draft SEIR, operational activities for the proposed project, including Site 8, would be typical of the urban environment and would be required to comply with applicable noise standards in the Carlsbad Municipal Code. Furthermore, while development would generate vehicle trips in the city, the increase in mobile noise would not result in a perceptible 3-DBA increase. Therefore, operational noise impacts were found to be less than significant. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. 2-74 1 From:Larry Hammer <lehammer38@yahoo.com> Sent:Friday, July 21, 2023 7:20 PM To:Scott Donnell Subject:Input re: proposed housing 1. If the site menƟoned in your on line site CoƩage View Apts. has been removed from map 1, why are we receiving noƟce of that site as being considered, or is it sƟll being considered? 2. If the need for 2600 low income units is mandated by the state, I have an idea. Sell the Crossings Golf Course which is operaƟng from all I'm told at a net loss. If I'm wrong here can you provide me with the correct Info re: annual income vs expenditures. Put that land back on the tax role. Respecƞully SubmiƩed, Larry Hammer, 1282 Mariposa Rd. Carlsbad,Ca. 92011 CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C2 1 2 2-75 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C2 COMMENTER: Larry Hammer DATE: July 21, 2023 Response C2-1 The commenter asks for clarification regarding whether the Cottage View Apartment site is being considered as art of the proposed project. The Cottage Row Apartments located on 1400 C, Flame Tree Lane, is Site 8 of the proposed project. Response C2-2 The commenter expresses an opinion that the city should sell the Crossings Golf Course to develop the 2,600 required units on that site. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-76 From:Megan Gonzalez <hoamegan@yahoo.com> Sent:Monday, July 24, 2023 11:34 AM To:Planning Cc:Scott Donnell Subject:Re: Housing EIR available for review 🏠 Hello, Concerned homeowners that live adjacent to site 10 would like an update. Additional areas in the district have been identified for future planning, is site 10 a possibility to be removed and not developed? Megan J González (760) 809-0608 Hoamegan@yahoo.com Board of Directors Kensington at the Square Homeowners Association Letter C3 1 2-77 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C3 COMMENTER: Megan Gonzalez DATE: July 24, 2023 Response C3-1 The commenter asks whether Site 10 would be removed from the inventory and not developed. Rezoning of Site 10 is considered in the Draft SEIR. The Draft SEIR analyzes reasonably foreseeable development at this site. The commenter’s opinions are noted and will be provided to city decision- makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-78 1 From:Kervin Krause <kervinkrause@gmail.com> Sent:Monday, July 24, 2023 1:15 PM To:Scott Donnell; Planning Subject:The Shoppes Mall Property Hello, This is our families input to, Draft Environmental Impact Report for potential new housing sites in Carlsbad for public review. We enjoyed shopping at Westfield Mall since the late '80s. Although now we do most of our shopping online, in The Village or along the PCH101 - although we occasionally go to a movie or one of the restaurants at the Mall. We understand the city owns the parking lot, which is empty where Sears used to be, whenever we drive by. Our family feels this is an amazing location with so much potential. So close to the 5 & 78 yet much of the parking lot sits empty most of the time. The transit area is dystopian and even feels dangerous at night being so open and far away from everything else. Here is some further info we found on the mall property: Years ago, the city council denied an application to develop much-needed housing in such an amazing location! And this would actually offer the much-needed "affordable housing" than the $1.5-2M condos taking over "The Village". “We would be taking a blighted area and a sea of asphalt into a walkable, livable community with additional green space for the community,” Goldman said. Brian Harper, CEO of Rouse Properties, sent a letter to the city in March explaining why this development is a positive for the city and Rouse. “We see The Shoppes at Carlsbad as the premiere multi-dimensional experience in the area and we believe the current improvements are simply the foundation for a first-class property,” Harper wrote. “The west end of the property, partially under city ownership, is currently a large and underutilized parking lot that represents surplus parking not required for the shopping center’s operations or compliance with city parking codes.” https://thecoastnews.com/carlsbad-denies-application-for-mixed-use-development Thank you, Segovia-Krause Family 1220 Stratford Lane Carlsbad Village by-the-Sea CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C4 1 2-79 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C4 COMMENTER: Kervin Krause DATE: July 24, 2023 Response C4-1 The commenter states an opinion that the Westfield Mall would be a good site to develop housing as part of the proposed project. The commenter states that the city previously denied an application for housing development on this site and cites a newspaper article which discusses the positive outcomes of developing this site with housing. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-80 1 From:michelle miller <lmcarlsbad@att.net> Sent:Saturday, July 29, 2023 12:03 PM To:Scott Donnell Subject:Site 4 Hi ScoƩ, Good Morning! I’m a homeowner at the Terraces of Sunny Creek. I was wondering what the city was proposing as far as type (single family homes, apartments)and number of units for the area by College and El Camino Real. I see that they would like to change the zoning and increase the number of units. Could you provide more specific informaƟon? I was looking online but couldn’t find anything specific beside just increasing the number. Also what number would be affordable housing in that zone? Thank you so very much! Michelle Miller Sent from my iPhone CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C5 1 2-81 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C5 COMMENTER: Michelle Miller DATE: July 29, 2023 Response C5-1 The commenter asks how many and what type of housing (single family, apartments etc.) are being proposed at College Boulevard and El Camino Real. The commenter requests more information about the proposed zoning changes and unit number increases. The commenter also asks how many of these units would be affordable housing. As discussed in Section 2, Project Description, of the Draft SEIR, the rezone site located off El Camino Real and College Boulevard is Site 4, which is made up of two properties. Property 1 proposes approximately 327 units with 115 units at 12 dwelling units per acre (based on the property’s current R-15 designation) and 212 units at 26.5 units per acre (based on the proposed R-30 designation, which would replace the property’s other current L (Local Shopping Center) designation. Property 2 proposes approximately 154 units at 26.5 dwelling units per acre, however, since Property 2 is located entirely within a flood zone, no units are counted to help meet the city’s housing needs. On property 1, 212 units would be categorized as low-income, and 115 units would be categorized as moderate-income. Specific details of development on Site 4 are unknown at this time, because the proposed project involves rezoning the site but no specific development project has been proposed at this time. 2-82 1 From:Vicki Robertson <pvdgrob@hotmail.com> Sent:Monday, July 31, 2023 9:49 AM To:Scott Donnell Subject:Impact on Coaster Parking Scott and Carlsbad Planning, As senior citizens in Carlsbad, we are very concerned about the proposal for additional housing at the Coaster parking area. We use the Coaster as our means of transportation as well as many other citizens and senior citizens here in Carlsbad. The Coaster is a wonderful means of transportation and any proposal to reduce parking area for riders should not be considered. As gas prices skyrocket (and environmental concerns) and more of us are using public transportation, how could the city possibly propose anything that impacts the parking area of our two Coaster stops?? We understand that the city needs to provide affordable housing, but it should NOT have a negative impact on parking at the Coaster locations. Local streets in the area already have strict parking regulations and there are not alternative parking areas for Coaster riders. Thank you, Vicki Robertson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C6 1 2-83 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C6 COMMENTER: Vicki Roberston DATE: July 31, 2023 Response C6-1 The commenter expresses concern for the housing proposed at the Coaster parking area. The commenter states they use the Coaster as a means of transportation along with many other senior citizens in Carlsbad. The commenter expresses an opinion that any proposal to reduce parking for the Coaster riders should not be considered. The commenter states that there are no alternative parking areas for Coaster riders. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. The provision of parking is not an environmental issue under CEQA. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-84 1 From:Kim Geraghty <kgeraghty@roadrunner.com> Sent:Tuesday, August 1, 2023 10:03 AM To:Scott Donnell Subject:Housing EIR available for review - Cottage Row Apartments Dear Mr. Donnell, I'm writing you, and voicing my concern and opposition, to the proposed development of up to 150 residential unit on Site 8, specifically the current Cottage Row Apartments. The city is already over-developing this area with the two new MDU developments under construction at the intersection of Aviara Parkway and Palomar Airport Road. The increased traffic and noise is already going to continue to worsen as these two units are occupied. The city should have halted residential construction in this area following completion of the Laurel Tree Apartment complexes years ago. Traffic is already at a dangerous level due to over development! Please seriously consider other sites for more development. A concerned community member, Kim Geraghty 1 Letter C7 2-85 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C7 COMMENTER: Kim Geraghty DATE: August 1, 2023 Response C7-1 The commenter expresses opposition to the proposed development on Site 8, specifically the Cottage Row Apartments. The commenter states an opinion that the city is over-developing the area with two new MDU developments under construction at the intersection of Aviara Parkway and Palomar Airport Road. The commenter expresses concern over the increased traffic and noise they suspect will increase as these developments are occupied. The commenter expresses an opinion that the city should have halted residential construction in this area following completion of the Laurel Tree Apartment complexes. The commenter states an opinion that traffic is at a dangerous level due to over development and asks the city to consider other sites for development. As discussed under Section 4.10, Noise, of the Draft SEIR, operational activities for the proposed project, including Site 8, would be typical of the urban environment and would be required to comply with applicable noise standards in the Carlsbad Municipal Code. Furthermore, while development would generate vehicle trips in the city, the increase in mobile noise would not result in a perceptible 3-DBA increase. Therefore, operational noise impacts were found to be less than significant. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. 2-86 1 From:SHARYL RAE HESS <sharylrae@aol.com> Sent:Tuesday, August 1, 2023 7:50 PM To:Scott Donnell Subject:Re: Housing EIR available for review 🏠 Thank you for your reply Scott. I absolutely get that. Are you able to speak into my concerns of accepting monies from California bureaucrats at the demise of our “quaint” Carlsbad Village? California does not “demand” this, we succumb to it for the money. Would you agree that we do not want to be another Dana Point? And that Del Mar and other San Diego cities protect their cities properly? Thank you, ቗ቘ Sharyl Sharyl Hess (760) 275-3291 On Aug 1, 2023, at 4:12 PM, Scott Donnell <Scott.Donnell@carlsbadca.gov> wrote: Dear Ms. Hess, Thank you for your comments and taking the time to write. The EIR is a large document and is required by law to cover a variety of topics, which contributes to its large size. Your comment will be included as part of the project’s public record. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 o | scott.donnell@carlsbadca.gov From: Sharyl Hess <sharylrae@aol.com> Sent: Saturday, July 22, 2023 2:18 PM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Re: Housing EIR available for review ፐፑፒፓፔፕፖ Hello there, Letter C8 1 2-87 2 I am writing today because I just looked over your 472 page Housing Implementation Update. First off, who the heck is going to read this? How do our Carlsbad Residents even know what you guys at the city are up to? We do not need any more housing in Carlsbad. We do not need any more high rise housing of any kind in our beautiful Carlsbad Village. It is becoming another Dana Point. The citizens of Carlsbad continue to make this clear to the city. We are aware that the "law" that our city of Carlsbad blames on our "California Gov't" ie; Newsom and the bunch, is not valid. Calfornia does NOT require the City of Carlsbad to provide this housing. Carlsbad as a city is doing this for the money they receive from the government. If you abide by their liberal views, you get paid. We don't want this to happen to our city. Cities like Del Mar, Encinitas, La Jolla are sticking to their guns and listening to their constituents. We do not want any more building/housing in our city. Please stop the madness and think about the people. Our quaint village is disappearing right before our eyes. Thank you for listening, ቗ቘ Sharyl Sharyl Hess (760) 275-3291 Carlsbad Resident for many decades On Friday, July 14, 2023 at 04:45:21 PM PDT, City of Carlsbad <planning@carlsbadca.gov> wrote: The draft environmental impact report is available for public review through Aug. 28, 2023. 2 3 2-88 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C8 COMMENTER: Sharyl Hess DATE: August 1, 2023 Response C8-1 The commenter expresses an opinion that Carlsbad accepting money from California bureaucrats is contributing to the demise of the quaint Carlsbad village. The commenter states an opinion that California does not demand this development but rather succumbs to it for the money. The commenter compares Carlsbad to Dana Point and asks if the city agrees that Carlsbad does not want to become Dana Point. The commenter also asks if the city agrees that Del Mar and other San Diego cities protect their cities properly. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C8-2 The commenter expresses concern over how long the Housing Implementation Update is and asks who will read it and how will Carlsbad residents know what the city is up to. The commenter also expresses an opinion that there is no need for additional housing in Carlsbad. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C8-3 The commenter states an opinion that California does not require Carlsbad to provide additional housing and that Carlsbad is doing this for the money they receive from the government. The commenter states an opinion that cities like Del Mar, Encinitas, and La Jolla are listening to their constituents. The commenter states an opinion that they do not want more housing in the city and that their quaint village is disappearing. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-89 1 Scott Donnell From:Lori Robbins <silentmeowing@gmail.com> Sent:Tuesday, August 8, 2023 10:53 AM To:Scott Donnell Subject:EIR citizen vote Hi Scott I would like to advocate for Alternative One in the Environmental Impact Report. Alternative One spreads the new housing among the town more evenly. 1. New residents will not be isolated and will integrate better if they are spread throughout the community. 2. Multiple sites can be developed at the same time and multiple builders can benefit from new construction. 3. Spreading the housing would provide more diverse architectural projects and would ease traffic congestion and the use of utilities and infrastructure. Thank you for your consideration. Lori Robbins Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C9 1 2-90 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C9 COMMENTER: Lori Robbins DATE: August 8, 2023 Response C9-1 The commenter expresses support for Alternative 1 because it spreads housing out evenly throughout the city which will allow residents to integrate better, will allow multiple sites to be constructed at the same time, and would provide more diverse architectural projects. The commenter also expresses an opinion that Alternative 1 would ease traffic congestion and the use of utilities and infrastructure. The commenters’ statements about the alternatives and whether or not the project should be approved by the city will be provided to city decision-makers for consideration. Alternative 1 is the No Project Alternative, which is defined in the Draft SEIR as a land use pattern comprised of land use trends according to the 2015 General Plan. It assumes that regional growth trends and land use according to the 2015 General Plan would continue, without the Housing Element Implementation and Public Safety Element Update as proposed under the project. Under Alternative 1, the 18 rezone sites would not be developed at the same capacity under this scenario as it would under the proposed project. As land use under the current General Plan still has residential capacity (as well as capacity for new non-residential construction, such as new commercial and industrial buildings), the city would continue to grow in terms of housing units, population, non-residential square footage, and jobs. This alternative would not be consistent with the required programs of the 2021-2029 Housing Element and the city would be at risk of having the Housing Element “decertified” by the State if this program is not implemented. Alternative 1 would facilitate the fewest number of residential units (506), and therefore result in the fewest construction-related impacts and impacts associated with ground disturbance to areas such as air quality, biological resources, cultural and tribal cultural resources, geology and soils, GHG, hazards and hazardous materials, and hydrology and water quality. However, it should be noted that development at the sites could still occur. And, as a consequence of less compact development as under this alternative, per capita VMT would be greater with Alternative 1 as compared to the proposed project, which would increase operational impacts of air quality, noise, and traffic. Overall, Alternative 1 would eliminate the unavoidably significant GHG impact, but the significant and unavoidable impacts related to air quality, historical resources, construction noise, and transportation would remain. While some environmental benefits may occur by implementing Alternative 1, this alternative would not fulfill the goals of the project as it would not provide additional housing opportunities that will assist the city in meeting its RHNA requirements. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions for the proposed project or project alternatives related to traffic congestion. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-91 1 From:Christine Amato <christinemamato@icloud.com> Sent:Wednesday, August 9, 2023 7:00 AM To:Scott Donnell Subject:Affordable housing sites 10 & 11 Hello ScoƩ, I am a homeowner ar kensington at the square in Carlsbad and my address is 6140 Colt Place, Unit 101, Carlsbad CA 92009. My concerns are environmental-we have had power outages in this community this past summer. How will many more units effect and already overwhelmed electric grid? Emergency evacuaƟons due to fire, earthquake and other natural disasters. There is no main road to exit. What, if any studies have been done about any of this. Adding more units of medium high density will further exacerbate - also we have a severe drought. We have had ongoing crime as evidenced by car break ins, home breakins, theŌ, trespassing, drug dealing and overdoses in and around our community. Parking is already a major issue on Colt. Environmental concerns: emergency evacuaƟons in a medium-high density residenƟal.commercial area with no main road route exits. Crime, trespassing, traffic implicaƟons in our private roads. People speeding through our community with children playing on the streets. We have people living in their cars on the road leading to the proposed site and into our community. They leave trash and do not pick up aŌer their dogs. There is already very limited parking. In our enƟre community there are only 8 guest spaces and overflow for residents. The rest are open to the public. Many of us use the street where people live in their cars for overflow. The surrounding streets have very liƩle parking due to the density of the homes and driveways. Bressi Ranch was designed with the small yards and in some cases no yards replaced with small parks. I implore you to consider another site for all of these reasons. For all of the above reasons, please reevaluate sites 10 and 11 for affordable housing, and use the buffer sites. ChrisƟne Amato (C) 760.613.2868 CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C10 1 2 3 4 5 2-92 I I I City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C10 COMMENTER: Christine Amato DATE: August 9, 2023 Response C10-1 The commenter states they are a homeowner at Kensington in the square in Carlsbad. The commenter states they have environmental concerns. The commenter states they have had power outages in their community this past summer and asks how more units will affect the electric grid. As discussed in Section 4.16, Effects Found Not to Be Significant, of the Draft SEIR, all future development under the proposed project would be required to comply with the latest California Building Code (CBC) requirements, including CBC Energy Efficiency Standards, as well as all federal, State, and local rules and regulations pertaining to energy consumption and conservation. Additionally, as discussed in Section 4.14, Utilities and Service Systems, of the Draft SEIR, although development facilitated by the project may require installation of additional electrical and natural gas connections to SDG&E facilities, such connections would be installed during individual project construction and within the disturbance area of such projects or the rights-of-way of previously disturbed roadways; therefore, the construction of these infrastructure improvements would not substantially increase the project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout the Draft SEIR. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response C10-2 The commenter expresses concern over emergency evacuations and the fact that there is no main road to exit. The commenter asks what studies have been done to address this and opines that adding more medium high-density units will exacerbate this issue. Please refer to Response B4-3. Response C10-3 The commenter expresses concern over the severe drought in the area as well as crime, trespassing, drug dealing, overdoses, and parking in their community. As discussed under Impact PS-2 in Section 4.12, Public Services and Recreation, CEQA is primarily concerned with physical environmental impacts associated with the proposed project. Crime itself is not a CEQA issue but a physical environmental impact could occur if the project resulted in the need for a new or expanded police station, the construction of which could cause an environmental impact. As explained in the Draft SEIR, policies in the Public Safety Element Update would ensure that there are adequate police staffing to meet existing service demands. Police protection service levels would continue to be evaluated and maintained by Carlsbad Police Department accordance with existing policies, procedures and practices as development occurs over the lifetime of the project. In addition, as discussed under Impact UTIL-2 in Section 4.14, Utilities and Service Systems, the Carlsbad Municipal Water District (CMWD), Vallecitos Water District (VWD), and Olivenhain Municipal Water District (OMWD) have all prepared a Water Shortage Contingency Plan (WSCP) which would help manage water demands during potential water shortages and droughts. Future 2-93 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report development facilitated by the proposed project would also be required to comply with water conservation regulations as well as 2015 General Plan policies 9-P.3 through 9-P.6 which would help maintain sufficient supplies. Therefore, no physical environmental impacts were found to occur as a result of the proposed project. The provision of parking is not considered an environmental impact under CEQA. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response C10-4 The commenter expresses concern over emergency evacuation in this area due to it being a commercial area with no main road exists. Please see Response C10-2. Response C10-5 The commenter expresses concern over crime, trespassing, and traffic on private roads. The commenter states people speed through their community where children play and that there are people living in their cars on the road leading to the proposed site. The commenter states there is trash and limited parking on the road due to the high-density development already in this area. The commenter states Bressi Ranch was designed with small yards and in some cases no yards. The commenter asks the city to consider another site other than sites 10 and 11 for affordable housing for these reasons. Please see Response C10-3. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). As discussed under Impact T-3 in Section 4.13, Transportation, land use proposals that would add traffic to streets not designed to current standards are evaluated through the environmental review process for consistency with Carlsbad standard processes and the Caltrans recommended guidance, LDIGR Safety Review Practitioners Guide. If needed, mitigation measures are identified therein, and the project is conditioned to construct or provide funding for an improvement that would minimize or eliminate the hazard. New and upgraded roadways needed to accommodate new development would be designed according to applicable Federal, State, and local design standards. Furthermore, policies 3-P.10, 3-P.12, 3-P.13, and 3-P.16 of the 2015 General Plan would reduce impacts related to traffic safety and hazards. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. 2-94 1 From:laurie ♡ weinberger <boca2ny@aol.com> Sent:Monday, August 14, 2023 2:59 PM To:Scott Donnell Subject:Environmental Impact Report Scott, My husband and myself would like to advocate for Alternative One in the Environmental Report. The new housing would be spread out in a better fashion and makes the most sense to us, as residents. Thanks, Laurie Weinberger Larry Weinberger 2689 State St Carlsbad, CA. 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C11 1 2-95 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C11 COMMENTER: Laurie Weinberger DATE: August 14, 2023 Response C11-1 The commenter expresses support for Alternative 1 because they believe the housing would be spread out in a better fashion and would make more sense to them as residents. Please see Response C9.1. 2-96 1 | Page August 14, 2023 Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Subject: DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT - HOUSING ELEMENT UPDATE IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE, JULY 2023 Thank you for the opportunity to review and provide comments on the subject Dra� SEIR. My comments are provided below for your considera�on and ac�on as may be appropriate. 1.GENERAL COMMENT REGARDING ACCESSORY DWELLING UNITS (ADUS) In January 2021 the California State Legislature found and declared, by enac�ng Government Code 65852.2, that ADUs are an essen�al component of the state’s housing supply and provide an alterna�ve op�on to tradi�onal market-rate home construc�on. This Code which allows and makes it easier for property owners to build ADUs exempts the construc�on of ADUs from the requirements of the California Environmental Quality Act (CEQA). Therefore, the subject Dra� SEIR does not consider or account for number of ADUs and popula�on increases associated therewith within the City Carlsbad. Even though the impacts from ADUs are not required to be addressed in this Dra� SEIR, it is my opinion that the City needs to account for the cumula�ve impacts associated with the expanded popula�on the ADUs will create. It is further my opinion that to not account for ADUs in this Dra� EIR would not be prudent on the part of the City’s elected officials and Division Directors and would not be in the best interest of our Carlsbad ci�zens. The City most certainly knows how many ADUs currently exist within the City and should have planning level es�mates certainly of the poten�al number of ADUs that might be constructed within the City. These es�mates need to factor into the City’s overall planning for popula�on increases and the City’s ability to provide expanded public services to support this growth. These es�mates should be iden�fied for the benefit of our Carlsbad ci�zens. 2.EXECUTIVE SUMMARY – ALTERNATIVES Alterna�ve 1, No Project Alterna�ve The Alterna�ve 1 popula�on in the Plan Area for 2035 would be 133,410, consistent with the findings of the 2015 General Plan. Request for Additional Text Letter C12 1 2 2-97 2 | Page Please add text to highlight that the Alterna�ve 1 popula�on of 133,410 does not include popula�on associated with the California State Government Code 65852.2 ADU mandate as men�oned in Sec�on 4.11.1 (page 319). Alterna�ve 2, Reduced Sites The Alterna�ve 2 popula�on in the Plan Area for 2035 is not iden�fied. Request for Additional Text Please add text to highlight that the Alterna�ve 2 popula�on will be 141,670 as men�oned in Sec�on 5.1.2 (page 430) and does not include popula�on associated with the California State Government Code 65852.2 ADU mandate as mentioned in Section 4.11.1 (page 319). Also please add text that the Altera�ve 2 popula�on of 141,670 is not consistent with the findings of the 2015 General Plan. Table ES-1, Air Quality Impact AQ-2 (page 14) Request for Additional Text Please iden�fy how this significant and unavoidable impact compares with the Alterna�ve 2, No Project Alterna�ve. Impact AQ-2 Mi�ga�on Measures (page 15) Request for Additional Text Please provide informa�on on the “planned networks of ac�ve transporta�on infrastructure”. Who generated the planned network documents? Where can these documents be found for review? How will “expansion” be funded and who will pay? Please provide informa�on on “implementa�on of EV charging infrastructure”. Are planning documents currently being developed? Who is genera�ng these documents? Where can these documents be found for review? How will these charging infrastructure facili�es be funded and who will pay? Please clarify what “unbundling parking fee” means. Impact AQ-4 (page 17) Request for Additional Text Please define and quan�fy what the “substan�al number” is. Impact GHG-1, Mi�ga�on Measures (page 27) Request for Additional Text 2 cont. 3 4 5 6 7 2-98 3 | Page Please explain what “reach code” means. Please provide informa�on on “Expand charging infrastructure and parking for electric vehicles” ”. Are planning documents currently being developed? Who is genera�ng these documents? Where can these documents be found for review? How will these expanded charging infrastructure facili�es be funded and who will pay? Impact POP-2 (page 34) Request for Additional Text Please define how many is a “substan�al number of people”. Please iden�fy how many people are es�mated will be displaced. Please iden�fy who will pay to relocate the displaced people. Impacts PS-1, PS-2 and PS-3 (page 35) Request for Additional Text Please iden�fy how the increase in demands will be funded and who will pay for these increased services. Also, please add some text that ADUs, which are not addressed in this Dra� SEIR, will further increase services and will require addi�onal funding beyond what will be required for this Project. Impact T-2 (page 36) Request for Clarification The text under this impact states the Project has the “poten�al” to interfere with achievement of VMT reduc�ons. Please clarify that this Project will increase popula�on above those iden�fied in the 2015 General Plan. This increase in popula�on will result in the number of vehicles suppor�ng the popula�on increase and will interfere with achievement of VTM reduc�ons set forth by the City unless the reduc�on strategies iden�fied under Mi�ga�on Measures are undertaken by the City. The costs for these reduc�on strategies and funding mechanisms are currently not known by the City. Impact T-4 (page 38) Request for Additional Text How significant will the impact be? Please provide some text on what the consequences of this significant impact will be and provide a comparison of the impact to the No Project Alterna�ve. 7 cont. 8 9 10 11 12 13 2-99 4 | Page 3.SECTION 1 INTRODUCTION Request for Additional Text Please direct the reader to Sec�on 2, Project Descrip�on for a discussion on what the driving force is for this Project and what the jus�fica�on is to deviate from the 2015 General Plan. Also, please discuss what changes in state law as stated in the 1st paragraph in Sec�on 2 required the City to adopt the Housing Element Update 2021-2029. Agency Comments – Caltrans (page 47) The comment on page 47 “Suggests Carlsbad evaluate and poten�ally implement Complete Streets projects to improve bicycle and pedestrian access and safety.” I assume this comment and sugges�on is specific to this Project The response to this CALTRANS comment states that “Issues are discussed under Impact T-1 of Sec�on 4.13, Transportation, of this SEIR”. Request for Additional Text I am unable to find any clear text in Sec�on 4.13 that addresses CALTRANS’ sugges�on to evaluate and poten�ally implement improvements for bicycle and pedestrian access and safety specific to this project. Please add text direc�ng the reader to where in Sec�on 4.13 this CALTRANS comment is specifically addressed. Agency Comments – Transporta�on (page 49) The comment on page 49 states that “Commenters express concern for poten�al traffic and conges�on increases in the Village, on El Camino Real, College Blvd, Cannon Road, and other corridors and intersec�ons.” The response to this Transporta�on comment states “As discussed in Sec�on 4.13, Transporta�on, of this SEIR, pursuant to SB 743, vehicle miles traveled (VMT) would replace level of service (LOS) as the metric for determining significance of transporta�on impacts. Therefore, this SEIR does not analyze LOS or conges�on as they are non-CEQA issues.” Request for Additional Text Even though traffic and conges�on are non-CEQUA issues they are significant issues to me and likely for most of the Carlsbad ci�zens. I believe the City is obligated to address these concerns for the benefit of our ci�zens. Please add text acknowledging these 14 15 16 2-100 5 | Page traffic and conges�on concerns and iden�fying when and how the City will address these concerns. 4.SECTION 2, PROJECT DESCRIPTION Sec�on 2.4.2, Core Value and Priority No. 5 (page 63) Request for Clarification Please define “intelligent transporta�on management” and provide examples of where “intelligent transporta�on management” has been implemented by Carlsbad to enhance mobility. Sec�on 2.4.2, Core Value and Priority No. 9 (page 63) Request for Clarification Please iden�fy “link density to public transporta�on” strategies and facili�es implemented by Carlsbad on other Projects. Sec�on 2.4.8, An�cipated Growth (page 75) The 2nd paragraph under this sec�on states that the number of Carlsbad housing units excludes accessory dwelling units. I am unable to find anywhere else in this SEIR where it is noted that ADUs are excluded from considera�on. Request for Additional Text Please highlight the ADU exclusion somewhere in the Execu�ve Summary for the benefit of Carlsbad ci�zens. The last paragraph under this sec�on iden�fied that this project would result in a total for 56,516 housing units in Carlsbad. Request for Additional Text Please add text that highligh�ng that the number of housing units resul�ng from this project (56,516 units) exceeds the number of housing units iden�fied in the 2015 General Plan (52,320 units) by 4,196 housing units and please highlight that ADUs are not accounted for in this SEIR. 5.SECTION 3, ENVIRONMENTAL SETTING Sec�on 3.2, Rezone Sites Se�ng, Table 3-1 (Page 79) Request for Additional Text 16 cont. 19 20 21 22 23 2-101 6 | Page I believe it would be beneficial to the reader if Table 3-1 is expanded to include the number of new housing units and addi�onal popula�on for each site that would result from this Project. 6.Sec�on 4.2.3, Impact AQ-4 Analysis (page 117) Request for Clarification Please define what a “substan�al number” of people is. How many people does the City es�mate will be affected? 7.Sec�on 4.6.3, Impact GHG-1 Analysis (pages 218 and 219)) Request for Additional Text Please add text acknowledging that ADUs will exacerbate the significant and unavoidable impacts on the mee�ng the City’s GHG emissions goals. Also, please iden�fy whether the City’s plans to acknowledge and account for ADUs in the CAP Update discussed on page 222.Can this project be approved before the CAP Update is done? 8.Sec�on 4.11.3, Impact ANALYSIS PH-1 (page 324) Request for Additional Text Please add text acknowledging that ADUs will cons�tute unplanned growth that could render this impact to be significant. 9.Sec�on 4.11.3, Impact ANALYSIS PH-2 (page 325) Request for Additional Text Please define what a “substan�al number” of people or housing is. How many people or housings does the City es�mate will be affected? 10.Sec�on 4.13.3, VMT Analysis Methodology (page 360) Request for Additional Text Please define under Item 5 what “infill” areas mean. 11.Sec�on 4-14.1.d, Electrical Power (page 374) There is a statement that “by 2025 the use of electricity sourced from out-of-state coal genera�on will be eliminated. As this transi�on advances, the grid is also expanding to serve addi�onal loads produced by building and vehicle electrifica�on among other factors”. 23 cont. 24 25 26 27 28 29 2-102 7 | Page Request for Clarification: Please expand this discussion to include what percentage of the current total electrical power genera�on in California is supplied by these out-of-state coal genera�on facili�es? Who is developing the plans and design documents for expanding the grid? When will the design for expanding the grid be done? When will the grid expansion be completed? How will this grid expansion being funded, and who will pay for this expansion? This discussion should also include es�mates of the increase in electricity demand beyond current demands when State mandates to eliminate fossil fuels for vehicles goes into effect some�me before 2035. It is my opinion that the Dra� SEIR needs to acknowledge and consider future condi�ons that are known to be inevitable and that could impact or be impacted by the proposed Project. 12.Sec�on 4.14.2, Regulatory Se�ngs – Carlsbad Growth Management Plan (pages 380 and 381) The 2nd paragraph on page 381 states that “recent State housing laws have preempted the city’s ability to require compliance with the dwelling caps or to stop development due to noncompliance, as acknowledged in adopted City Council Resolu�on 2021-074 (City of Carlsbad 2023c). It also states that The city is currently developing a new approach to managing growth”. Request for Clarification Please iden�fy the “recent State housing laws” that preempt the City’s ability to require compliance with Carlsbad dwelling caps. Also, please iden�fy what recourse the City might have to challenge these State mandates. Thank you for the opportunity to review and provide my thoughts and comments of the subject dra� SEIR. Please feel free to contact me via email or phone if you have any ques�ons about my comments. Liberato Tortorici 6436 La Paloma Street Carlsbad, CA 9200 Email Address: ldtortorici@gmail.com Cell Phone: 619-559-7281 29 cont. 30 31 32 2-103 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C12 COMMENTER: Liberato Tortorici DATE: August 14, 2023 Response C12-1 The commenter cites Government Code 65852.2 which exempts accessory dwelling units (ADUs) from CEQA requirements. The commenter states that the SEIR does not account for the number of ADUs or the population increase associated with ADUs in Carlsbad. The commenter states an opinion that the city needs to account for the cumulative impact of ADUs. The commenter expresses an opinion that to exclude ADUs in this Draft SEIR would not be prudent on the part of the city’s elected officials and division directors and would not be in the best interest of Carlsbad citizens. Section 2.4.8, Project Description – Anticipated Growth, of the Draft SEIR, states: “As of January 1, 2023, Carlsbad had 47,003 housing units, excluding accessory dwelling units. Therefore, as of release of this SEIR, the city had an available housing unit capacity of 6,218 (53,221 – 47,003) through the buildout year of 2035 under the existing General Plan.” The reference to housing units is intended to indicate the capacity for additional housing units based on what the General Plan residential density policies would allow. State law (California Government Code Section 65852.2) prohibits the city from counting ADUs in residential density calculations, and the law requires that they be considered accessory uses. The city does estimate the population living in ADUs when evaluating public facility needs, such as parks and libraries. The population estimates used in the Draft SEIR include the population in existing ADUs. The proposed project would not change the number or locations of ADUs that could be constructed in the city. The Draft SEIR analyses effects associated with the land use changes at the 18 rezone sites listed in Table 2-4 of the Draft SEIR and it is assumed that residential units would be constructed on those sites, as allowed by the General Plan residential density policies. ADUs are allowed by right as an accessory use and the proposed project will not directly result in an increase in the number of ADUs allowed. The effects associated with the Housing Element adoption related to ADUs were analyzed in the Addendum prepared for the Housing Element. Therefore, the Draft SEIR is consistent with the city’s unit calculation methodology, and consistent with the foreseeable impacts of project implementation. Response C12-2 Referring to the Executive Summary of the Draft SEIR, the commenter states that the Alternative 1 population in the Plan Area for 2035 would be 133,410, consistent with the findings of the 2015 General Plan. The commenter requests that text be added to highlight the population of 133,410 does not include population growth associated with ADUs. The commenter refers to the Executive Summary which is intended to be a brief summary of the analysis and conclusions of the Draft SEIR. This information is not necessary to be added to the Executive Summary. Please also see Response C12-1. 2-104 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response C12-3 Referring to the Executive Summary of the Draft SEIR, the commenter states that the Alternative 2 population in the Plan Area for 2035 is not stated. The commenter requests that text be added to explain that the alternative 2 population would be 141,670 as mentioned on page 430 of the Draft SEIR. The commenter also requests that text be added to highlight the population of 141,670 does not include population growth associated with ADUs and is not consistent with findings of the 2015 general plan. The commenter refers to the Executive Summary which is intended to be a brief summary of the analysis and conclusions of the Draft SEIR. This information is not necessary to be added to the Executive Summary. Please also see Response C12-1. Response C12-4 Referring to Table ES-1, Executive Summary of the Draft SEIR, the commenter requests text to be added under impact AQ-2 on page 14 of the Draft SEIR to identify how the significant and unavoidable impact compares to Alternative 2. Table ES-1 summarizes impacts of the proposed project as analyzed in the Draft SEIR and the description of Impact AQ-2 is accurate and refers to the air quality analysis conclusions for the proposed project. Air quality impacts related to Alternative 2 are discussed in Section 6, Alternatives, of the Draft SEIR and not included in Table ES-1. As discussed in Section 6, Alternatives, compared to the proposed project, Alternative 2 would result in a net increase of 43 residential units, and would also result in slightly increased operational emissions (Table 6-2) compared to the proposed project. Therefore, as with the proposed project, air quality impacts for Alternative 2 would be significant and unavoidable. Response C12-5 Referring to Table ES-1, Executive Summary of the Draft SEIR, the commenter requests text to be added on page 15 of the Draft SEIR to explain more about the “planned networks of active transportation infrastructure,” “implementation of EV charging infrastructure,” and what “unbundled parking fee” means. Table ES-1 summarizes impacts of the Draft SEIR and lists the required mitigation measures, including Mitigation Measure AQ-2 which the commenter refers to. As stated in the measure, this measure requires future development to quantify operational emissions, and if emissions exceed threshold the measure provides a list of potential measures projects can incorporate to reduce air pollution emissions. As stated in the measure, this is not an exhaustive list of measures, and individual projects shall incorporate measures that best fit each project design. “Expand and facilitating completion of planned networks of active transportation infrastructure” means improving and expanding infrastructure for alternative modes of transportation. Implementation of EV charging infrastructure for residential development is mandated by the California Building Standards Commission. CalGreen standards are updated every three years. Current development would be required to comply with the 2022 CalGreen standards. Unbundled parking separates parking costs from housing costs and allows occupants that do not have a vehicle to pay less. No revisions to the Draft SEIR have been made in response to this comment. 2-105 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response C12-6 Referring to Table ES-1, Impact AQ-4, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 17 of the Draft SEIR to define and quantify what the “substantial number” is. The commenter refers to text that is a brief summary of impact conclusions. For additional information, please refer to Section 4.2, Air Quality, of the Draft SEIR which explains the significance threshold used for determining if the proposed project would create objectionable odors affecting a substantial number of people. Generally, the proposed project involves residential uses and would not create objectionable odors. Response C12-7 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 27 of the Draft SEIR to explain what “reach code” means. The commenter refers to text that is a brief summary of impact conclusions in the Executive Summary of the SEIR. For additional information, please refer to Section 4.6, Greenhouse Gas Emissions, of the Draft SEIR which explains the reach code. A reach code is a local building energy code that goes beyond State minimum requirements for energy use or GHG emissions in building design and construction. Response C12-8 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 27 of the Draft SEIR to add more information on “expanding charging infrastructure and parking for electric vehicles.” The commenter also asks where these documents can be found for review, how will expansion be funded, and who will pay for it. The commenter refers to Mitigation Measure GHG-1 listed in Table ES-1. This is a proposed measure to be added to the city’s updated Climate Action Plan and not a planning document currently being generated. This measure, if implemented as part of the Climate Action Plan update, would expand the EV network which would promote the usage of EVs and thereby reduce GHG emissions. Response C12-9 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 34 of the Draft SEIR to explain what a “substantial number of people” is. The commenter asks that the Draft SEIR identify the number of people estimated to be displaced and who will pay to relocate displaced people. As discussed under Impact PH-2 of Section 4.11, Population and Housing, of the Draft SEIR, “substantial” displacement would occur if the proposed project would displace more residences than would be accommodated through growth facilitated by the project. Future development would be required to comply with goals and policies under Section 10.7.4 of the 2021-2029 Housing Element which aims to affirmatively further fair housing and ensure all housing opportunities are offered in conformance with open housing policies and free of discriminatory. Furthermore, Program 4.3 and other programs of the 2021-2029 Housing Element ensures the minimization of the occurrence of displacement, especially within groups facing disproportionate housing needs, including but not limited to those with lower incomes. 2-106 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response C12-10 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 35 of the Draft SEIR to identify how the increase in demands for public services will be funded and who will pay for these increased services. The commenter refers to text that is a brief summary of impact conclusions in the Executive Summary of the SEIR. For additional information, please refer to Section 4.12, Public Services and Recreation, of the Draft SEIR which explains the findings related to the provision of public services. Response C12-11 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 35 of the Draft SEIR to explain that ADUs which are not addressed in the Draft SEIR will further increase services and require additional funding. Please see Response C12-1. Response C12-12 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 36 of the Draft SEIR to clarify that this Project will increase population above those identified in the 2015 General Plan. The commenter requests text to be added to explain that this increase in population will result in an increase in the number of vehicles supporting the population which will interfere with achievement of VMT reductions set forth by the city unless the reduction strategies identified under Mitigation Measures are undertaken by the city. The costs for these reduction strategies and funding mechanisms are currently not known by the city. Population is discussed under Section 4.11, Population and Housing, of the Draft SEIR. As discussed in Section 4.11, the proposed project would exceed the housing units at buildout assumed in the 2015 General Plan EIR, hence why a Draft Supplemental EIR (Draft SEIR) was prepared. As discussed under Impact T-2 of Section 4.13, Transportation, of the Draft SEIR, even with implementation of Mitigation Measure T-1, because of the uncertainty relating to the feasibility of on-site TDM measures and the implementation process for individual development projects in diverse project settings, the timing that it will take to implement those measures, and the lack of an off-site mitigation option, the effectiveness of reducing an individual project’s VMT impact to a less than significant level cannot be determined as part of Draft SEIR, and VMT impacts would be significant and unavoidable. Response C12-13 Referring to Table ES-1, of the Executive Summary of the Draft SEIR, the commenter requests text to be added on page 38 of the Draft SEIR to explain how significant the impact will be and what the consequences of this significant impact will be. The commenter requests text be added comparing this impact to the no project alternative. Transportation impacts related to the No Project Alternative (Alternative 1) are discussed in Section 6, Alternatives, of the Draft SEIR, and not Section 4.13, Transportation. Future development under both the proposed project and Alternative 1 would be required to coordinate with the emergency service providers to ensure that emergency routes remain available. In the long-term, development would be required to provide adequate accommodation of fire access to structure frontages, multiple access points to development, as well as adequate width, height, and turning 2-107 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report radius of roadways and access points, pursuant to California Building Code and California Fire Code requirements. Development would also be required to comply with city and San Diego County standards and requirements and would undergo review by public safety officials as part of the approval process. Therefore, impacts related to inadequate emergency access would be less than significant for both the proposed project and Alternative 1. Response C12-14 The commenter requests text to be added to Section 1, Introduction, of the Draft SEIR to direct the reader to Section 2, Project Description, for a discussion on what the driving force is for this project and what the justification is to deviate from the 2015 General Plan. The commenter also requests text be added to include a discussion of what changes in state law as stated in the first paragraph in Section 2 required the city to adopt the Housing Element Update 2021-2029. Section 1.9, Introduction – Baseline and Approach for Impact Analysis, of the Draft SEIR explains the relationship between the proposed project and the 2015 General Plan. This project does not deviate from the 2015 General Plan, rather the Draft SEIR is being prepared to analyze only the changes to the General Plan or changes in circumstances under which the projects would be implemented since certification of the previous 2015 General Plan EIR which occurred on September 22, 2015. Section 2.3, Project Description – Background, of the Draft SEIR, outlines the changes in State law including the State housing legislation and new State safety legislation which prompted the updating of the Housing Element and the Public Safety Element. Response C12-16 The commenter summarizes Caltrans’ comment on page 47 of the Draft SEIR and requests that text be added to Section 4.13 to show where the Draft SEIR clearly addresses Caltrans’ suggestion to evaluate and potentially implement improvements for bicycle and pedestrian access and safety specific to this project. As discussed under Impact T-1 in Section 4.13, Transportation, of the Draft SEIR, development under the project would not obstruct existing transit, bicycle, or pedestrian services or facilities, nor would it conflict with existing or planned facilities. All new development would be subject to city discretionary review, allowing the city to ensure that project designs would not interfere with transit operations or bicycle and pedestrian infrastructure. Caltrans suggests the city implement Complete Streets projects to improve bicycle pedestrian access and safety. This is not required for future developments and the city has noted this comment. Response C12-16 The commenter summarizes the comment regarding traffic congestion and corresponding response indicating that pursuant to SB 743, vehicle miles traveled (VMT) would replace level of service (LOS) as the metric for determining significance of transportation impacts. Therefore, this SEIR does not analyze LOS or congestion as they are non-CEQA issues. The commenter expresses an opinion that even though traffic and congestion are not CEQA issues they are important to them and other citizens and therefore the city is obligated to address these concerns for the benefit of its citizens. The commenter requests text to be added to the Draft SEIR that address these concerns about traffic and congestion. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental 2-108 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). Further, while not required for CEQA, a TIS (or Transportation Impact Analysis Report) was prepared for the project and is available: https://www.carlsbadca.gov/departments/community- development/planning/agendas-minutes-notices Response C12-19 The commenter requests text to be added on page 63 of the Draft SEIR to define “intelligent transportation management” and to provide examples of where intelligent transportation management has been implemented in Carlsbad to enhance mobility. This comment pertains to a description of the core values in the city’s General Plan and does not pertain to the adequacy of the analysis or conclusions of the Draft SEIR. The quote the commenter referenced is part of the General Plan’s vision and does not relate to the proposed project. Generally, intelligent transportation management refers to technology or infrastructure improvements that may help alleviate traffic congestion. Response C12-20 The commenter requests strategies and facilities implemented by other projects in Carlsbad to link density to public transportation to be identified. This comment pertains to a description of the core values in the city’s General Plan and does not pertain to the adequacy of the analysis or conclusions of the Draft SEIR. The quote the commenter referenced is part of the General Plan’s vision and does not relate to the proposed project. Generally, linking density to public transportation refers to placing high density housing near transit to encourage transit use. Response C12-21 The commenter states that the second paragraph on page 75 states that the number of housing units excludes ADUs. The commenter requests text be added to the executive summary that highlights this. Please see Response C12-1. Response C12-22 Referring to Section 2 of the Draft SEIR, the commenter requests text be added to page 75 of the Draft SEIR highlighting that the number of housing units resulting from this project (56,516 units) exceeds the number of housing units identified in the 2015 General Plan (53,320 units). The commenter also requests that text be added to highlight that ADUs are not accounted for in the Draft SEIR. The information requested by the commenter is provided in Section 4.11, Population and Housing, of the Draft SEIR. With respect to ADUs, please see Response C12-1. 2-109 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response C12-23 Referring to Section 3 of the Draft SEIR, the commenter requests text to be added in Table 3-1 on page 79 of the Draft SEIR to include the number of new housing units and additional population for each site that would result from this Project. Section 3, Environmental Setting, of the Draft SEIR refers to the environmental setting of the project which is the baseline for the analysis prior to implementation of the proposed project. The number of housing units that could be developed under the proposed project is detailed under Section 2, Project Description. Population estimates for the proposed project is discussed under Section 4.11, Population and Housing, of the Draft SEIR. As discussed in Section 4.11, the proposed project would result in 8,260 new residents. Response C12-24 Referring to Section 4.2.3 of the Draft SEIR, the commenter requests text to be added to page 117 of the Draft SEIR to define what a “substantial number” of people is and how many people will be affected. The CEQA Guidelines do not specifically define what a “substantial” number of people is. The Air Quality analysis generally compares air pollution emissions to established thresholds to determine impacts. Please refer to the methodology, impact analysis, and conclusions in Section 4.2, Air Quality, of the Draft SEIR. Response C12-25 Referring to Section 4.6.3 of the Draft SEIR, the commenter requests text to be added stating that ADUs will exacerbate the significant and unavoidable impact related to meeting the city’s GHG emissions goals. The commenter requests text to be added to clarify whether the city plans to account for ADUs in the CAP Update discussed on page 222. The commenter asks if this project can be approved before the CAP update is done. Please see Response C12-1. As discussed under Impact GHG-1 in Section 4.6, Greenhouse Gas Emissions, of the Draft SEIR, individual projects could be developed prior to the adoption of the updated CAP as required by Mitigation Measure GHG-1, and would not be guaranteed to be consistent with State emissions goals. Therefore, until the city updates the CAP in accordance with Mitigation Measure GHG-1, the project’s impacts related to GHG emissions would be significant and unavoidable. Response C12-26 Referring to Section 4.11.3 of the Draft SEIR, the commenter requests text to be added to indicate that ADUs will constitute unplanned growth that could render impact PH-1 to be significant. Please see Response C12-1. Response C12-27 Referring to Section 4.11.3 of the Draft SEIR, the commenter requests text to be added to define what a “substantial number” of people or housing is and to state how many people or housing units the city estimates to be affected. 2-110 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report The CEQA Guidelines do not specifically define what a “substantial” number of people is. Please refer to the methodology, impact analysis, and conclusions in Section 4.11, Population and Housing, of the Draft SEIR. Response C12-28 Referring to Section 4.13.3 of the Draft SEIR, the commenter requests text to be added to define what “infill” areas mean. The commenter’s request has been noted and page 2-21 of the Draft SEIR has been revised as described in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response C12-29 Referring to Section 4.14.1.d of the Draft SEIR, the commenter states there is text that reads “by 2025 the use of electricity sourced from out-of-state coal generation will be eliminated. As this transition advances, the grid is also expanding to serve additional loads produced by building and vehicle electrification among other factors”. The commenter requests text to be added to include what percentage of current total electrical power generation in California is supplied by out of state coal generation factories. The commenter asks who is developing plans and design documents for expanding the grid and when this expansion will be complete. The commenter asks how the grid expansion will be funded and by who. The commenter’s request has been noted and page 4.14-4 of the Draft SEIR has been revised as listed in Chapter 3, Revisions to the Draft SEIR, of this document. These revisions do not change the findings of the Draft SEIR, do not result in new or substantially more severe significant impacts, and do not constitute significant new information warranting recirculation of the Draft SEIR. Response C12-30 Referring to Section 4.13, the commenter requests text be added to include estimates of the increase in electricity demand that will occur when the State mandates the elimination of fossil fuels for vehicles. It is unclear what mandate the commenter is referring to. This analysis would be speculative and this analysis is not provided in the Draft SEIR at this time. Nonetheless, impacts associated with energy use were found to be less than significant. Response C12-31 Referring to Section 4.14, the commenter expresses an opinion that the Draft SEIR needs to acknowledge and consider future conditions that are known to be inevitable and that could impact or be impacted by the project. The Draft SEIR does analyze impacts associated with project implementation through 2035, the horizon year of the city’s General Plan, based on known information. The commenter does not provide specifics of what information is needed and no changes to the Draft SEIR have been made in response to this comment. 2-111 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Response C12-32 Referring to Section 4.14.2, Regulatory Setting, in the Utilities and Service System section of the Draft SEIR, the commenter requests text be added to identify which recent state housing laws have preempted the ability of the city to require compliance with the Carlsbad dwelling unit caps. The commenter asks what recourse the city has to challenge these mandates. The recent State laws impacting the Growth Management Program are detailed in Section 4.11, Population and Housing, of the Draft SEIR and under the reference (City of Carlsbad 2023c) in Section 4.14, Utilities and Service Systems, of the Draft SEIR. The reference is the city’s Fiscal Year 2021-2022 Growth Management Program Monitoring Report, and impacts of State Law can be found on pages 9 and 10. (https://www.carlsbadca.gov/home/showpublisheddocument/13525/638182837741030000) 2-112 1 From:ROBERT RODEWALD <rorodewald@aol.com> Sent:Friday, August 18, 2023 11:48 AM To:Scott Donnell Subject:Additional Housing Issue ScoƩ If the State is demanding these addiƟonal dwelling units then they should provide State owned land for their construcƟon. In addiƟon, I thought we were in a dramaƟc drought and our allocaƟon of Colorado river water was being reduced. How does that square with adding thousands of new dwelling units. The people of Carlsbad sacrificed and worked hard to be able to afford to live here and this required program is altering the character of the neighborhoods we live in. If you must add addiƟonal housing stock, put it in the Shoppes of Carlsbad mall. There is significant vacancy there and that development no longer works as originally planned. As a bonus, you won’t destroy the quality of the other neighborhoods that you want to alter. Sincerely, Robert Rodewald 3865 Skyline Road Carlsbad, CA 92008 760-519-0262 CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C13 1 2 3 2-113 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C13 COMMENTER: Robert Rodewald DATE: August 18, 2023 Response C13-1 The commenter states an opinion that if the state is demanding additional dwelling units they should provide state owned land for their construction. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C13-2 The commenter expresses concern over adding dwelling units when there is a drought and reduction of water being allocated to California from the Colorado River. As discussed under Impact UTIL-1 in Section 4.14, Utilities and Service Systems, of the Draft SEIR, the proposed project would not require or result in the relocation or construction of new or expanded water facilities such that significant environmental effects beyond those already identified throughout the Draft SEIR would occur. As discussed under Impact UTIL-2, with compliance with existing State and local regulations aimed at water conservation, as well as Carlsbad Municipal Water District, Vallecitos Water District, and Olivenhain Municipal Water District Water Shortage Contingency Plans and ordinances, water supplies would be sufficient to accommodate the increase in demand for the proposed project. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response C13-3 The commenter states an opinion that the program that requires additional housing in Carlsbad is altering the character of the neighborhoods in the city. The commenter suggests putting additional housing in the Shoppes of Carlsbad mall since there is vacancy there and development in that area would not destroy the quality of other neighborhoods. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-114 1 From:Yolanda Higgins <higgins_yolanda@yahoo.com> Sent:Friday, August 18, 2023 2:48 PM To:Scott Donnell Subject:Residential on commercial zoned land I am Yolanda Higgins. I own the property T 5482 Wolverine Terrace in the community of Terraces at Sunnycreek. I would much rather see an activity center for the children and adults who already reside in the community. About a year ago I inquired about purchasing the land at the corner of ECR and College. I was hoping to collaborate with city and build a bowling alley and an indoor/outdoor skating rink. Around the holidays, I envisioned turning it into a holiday wonderland. We need a safe place for the community children and adults to unite. I can’t think of a better place for community gathering for both, young and old alike. My vote is no on allowing residential building on this commercially zoned land. If you have any questions or comments , please feel free to contact me at (619) 721-9776. Sent from Yahoo Mail for iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C14 1 2-115 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C14 COMMENTER: Yolanda Higgins DATE: August 18, 2023 Response C14-1 The commenter states that they would rather see an activity center be built for children and adults in the community. The commenter states they inquired about purchasing the land at the corner of El Camino Real and College and had hoped to build a bowling alley and skating rink there. The commenter states an opinion that there needs to be safe place for children and adults to unite and expresses opposition to allowing residential uses on this commercially zoned land. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-116 1 From:Michelle Soos <msoos717@gmail.com> Sent:Tuesday, August 22, 2023 10:08 AM To:Scott Donnell Subject:Opposition to site 14 - housing site plan Hello, I am writing in opposition to site 14 per the below link/map, which would convert the government owned coaster railway parking lots to residential property. This parking is needed for the village, which is already starting to see issues with parking in the streets and public parking, since the many additional condominiums have been built. Can you confirm if they have a plan to add parking if they convert those lots to residential property? Please let me know if I should write or provide my opposition in another form and where I can find updates to which of these plans are going forward. Appreciate all you do! Thanks much! Michelle Soos Resident of carlsbad village https://www.carlsbadca.gov/departments/community-development/planning/housing-plan-update CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Letter C15 2-117 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C15 COMMENTER: Michelle Soos DATE: August 22, 2023 Response C15-1 The commenter expresses opposition to the inclusion of site 14 in the proposed project. The commenter states that the Coaster parking on this site is needed for the Village which is already experiencing parking issues due to the construction of condominiums. The commenter asks if there is a plan to add parking if they convert this lot to residential uses. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. The provision of parking is not an environmental issue under CEQA. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-118 1 From:Christopher Byrum <cb@chrisbyrum.com> Sent:Wednesday, August 23, 2023 8:27 AM To:Planning; Scott Donnell Subject:Re: Reminder: Housing EIR available for review 🏠 To whom it may concern, I've already provided my input on my opposition for site 3....extremely bad location for site density zoning changes. Map 2 would be the obvious choice. Letter C16 1 2-119 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C16 COMMENTER: Christopher Byrum DATE: August 23, 2023 Response C16-1 The commenter expresses opposition to development on site 3. The commenter states an opinion that this is a bad site for density zoning changes and map 2 would be the obvious choice. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-120 1 From:Cheri White <cwrocky@hotmail.com> Sent:Wednesday, August 23, 2023 3:50 PM To:Scott Donnell Subject:Carlsbad Housing Dear Mr. Donnell, I am in receipt of the flyer sent out concerning the rezoning of housing in Carlsbad. I have lived in Carlsbad for twenty five years. I moved to Carlsbad because it was a quaint little town. It no longer is and I as a homeowner am very frustrated with all the new construction. When will it stop? I live at 3684 Azure Circle. I know I am not the only homeowner that feels this way but what can we do to stop building more and more homes. You ask us to respond but will you really listen or is this just a waste of my time? I truly am fed up!!! Sincerely, Cheri White CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Letter C17 2-121 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C17 COMMENTER: Cheri White DATE: August 23, 2023 Response C17-1 The commenter states that they moved to Carlsbad because it was a quaint little town and expresses the opinion that it no longer is. The commenter expresses frustration with all the new construction and asks when it will stop. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-122 1 From:Bradford Robbins <bradfordrobbins@gmail.com> Sent:Thursday, August 24, 2023 9:09 PM To:Scott Donnell Subject:I vote for Alternative One as a better choice for diversity in Carlsbad. I vote for AlternaƟve One as a beƩer choice for diversity in Carlsbad. Brad Robbins Resident. CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C18 1 2-123 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C18 COMMENTER: Bradford Robbins DATE: August 24, 2023 Response C18-1 The commenter expresses support for Alternative 1. Please see Response C9.1. 2-124 1 From:D Lech <dilech@ymail.com> Sent:Friday, August 25, 2023 12:33 PM To:Scott Donnell Subject:DEIR public comment Dear Mr. Donnell, I appreciate the opportunity to provide input on the draft environmental impact report for potential new housing sites within the Housing Element. The report is thorough, objective, and detailed. Thank you for putting this together and presenting it to the public for another opportunity to make comments. I support Alternative 2 Reduced Sites, especially since it will allow for more residences (if needed in the future) than Alternative 1. If the City must comply with current and future RHNA mandates, then Alternative 2 would make the most sense. As a homeowner living in the northeast quadrant of the City, I, along with many other residents, have been impacted by the continually increasing noise, poor air quality, and intense volume of traffic along El Camino Real between Highway 78 and Faraday Avenue during morning and evening rush hours, due to population growth, locally and throughout the region. The proposed density increase at Site #3 at Chestnut Avenue and El Camino Real is highly inappropriate for this residential community. The project area is completely surrounded by one or two story single-family homes, with the exception of one discreet condo project on the northwest corner of this intersection. Currently, this intersection is extremely busy with 55+ MPH traffic, students on e-bikes, and pedestrians, as this intersection serves Carlsbad HS, Valley Middle School, and Magnolia Elementary. There is additional traffic heading to Hope Elementary and Kelly Elementary. Let’s not forget about the hundreds of commuters using El Camino Real as an alternate to Highway 78 and Interstate 5, due to the failure of SANDAG to build the interchange we continue to pay for. These commuters from around the region will not be using a bus to get to work anytime soon. This stretch of El Camino Real has gotten worse since the opening of Robertson Ranch in 2017, and is about to get even more intense with: 1) completion of Marja Acres with 294 additional residences on El Camino Real and Kelly Drive which will include retail. 2) future development of the vacant site at the corner of El Camino Real and Kelly Drive, adjacent to Robertson Ranch. Letter C19 1 2 3 2-125 2 3) proposed future Robertson Ranch shopping center on El Camino Real and West Ranch Road. 4) proposed residential/commercial developments at El Camino Real and College Blvd. (Site #4). With the increased traffic from these projects, the El Camino Real corridor could become impassable to the residents of both the northeast and northwest quadrants of the City, not to mention, delay by first responders trying to maneuver through the six lanes of traffic and the soon to be reduction of two lanes to a single lane on our east/west corridors of Carlsbad Village Drive and Tamarack Avenue. It would be unnecessary and irresponsible to develop a project with the proposed density at Site #3, especially since choosing Alternative 2 Reduced Sites would provide for more housing units than Alternative 1. Site 3 should remain zoned as it is currently designated, or be purchased by the City as open space to preserve the character of this neighborhood and the plant and wildlife species that call it home, while contributing to the City’s Forest Canopy. Developing this parcel as proposed would be a safety issue which cannot be ignored. The people of Carlsbad have already expressed their disapproval of increasing the density of this site, along with disapproval of sites 8 and 15 during the public input collected in September and October of 2021. Please listen to the citizens of Carlsbad and do what they feel is safe and appropriate by choosing Alternative 2 Reduced Sites and remove Sites 3, 8, and 15 from the future housing plan. Thank you for your consideration. Sincerely, D. Lech CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 3 cont . 4 5 6 2-126 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C19 COMMENTER: D. Lech DATE: August 25, 2023 Response C19-1 The commenter expresses appreciation for the opportunity to provide input on the Draft SEIR and state the report is thorough, objective, and detailed. The commenter expresses support for alternative 2 because it will allow for more residences than alternative 1. The commenter’s statements about the alternatives and the eventual project that should be approved by the city will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C19-2 The commenter states that as a homeowner living in the northeast quadrant of the city they have experienced continually increasing noise, air quality, and traffic issues. The commenter specifically expresses concern about the volume of traffic on El Camino Real between Highway 78 and Faraday Avenue during morning and evening rush hours. The commenter expresses the opinion that the proposed density increase at Site 3 is inappropriate due to the surrounding single-family homes and the traffic at the intersection of El Camino Real and Chestnut Ave. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C19-3 The commenter expresses concern that traffic on El Camino Real will get worse with the completion of Marja Acres on El Camino Real and Kelly Drive, future development of the vacant site at the corner of El Camino Rela and Kelly Drive, proposed future Robertson Ranch shopping center on El Camino and West Ranch Road, and proposed development on site 4 on El Camino Real and College Blvd. as part of the proposed project. The commenter expresses concern that with increased traffic from these projects El Camino Real corridor could become impassable to residents of the northeast and northwest quadrants of the city. Please see Response C19-2. Response C19-4 The commenter expresses concern that first responders will be delayed by the increased traffic and the reduction of a lane on the east/west corridors of Carlsbad Village Drive and Tamarack Avenue. As discussed under Impact T-4 in Section 4.13, Transportation, of the Draft SEIR, development facilitated by the project would be required to provide adequate accommodation of fire access to structure frontages, multiple access points to development, as well as adequate width, height, and 2-127 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report turning radius of roadways and access points, pursuant to California Building Code and California Fire Code requirements. Development facilitated by the project would be required to comply with city and San Diego County standards and requirements and would undergo review by public safety officials as part of the approval process. Additionally, as found in the 2015 General Plan EIR, policies 3-P.12, 3-P.29, 3-P.30, and 3-P.33 would reduce impacts related to emergency access. Therefore, the proposed project would not result in inadequate emergency access. Please also see Response C19-2. The commenter’s opinions are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C19-5 The commenter expresses an opinion that it would be unnecessary and irresponsible to develop a project with the proposed density at Site 3. The commenter reiterates their support for alternative 2 because it would provide for more housing than alternative 1. The commenter’s statements about the alternatives and the eventual project that should be approved by the city will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C19-6 The commenter expresses an opinion that site 3 should remain zoned as it currently is or it should be purchased by the city and converted to open space to support the character of the neighborhood and the plant and wildlife species in the area. The commenter expresses an opinion that to develop site 3 would be a safety issue and urges the city to listen to Carlsbad residents who have provided input indicating their disapproval of the project throughout September and October of 2021. The commenter urges the city to choose alternative 2 and remove sites 3, 8, and 15 from the future housing plan. The commenter’s statements about the alternatives and the eventual project that should be approved by the city will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-128 1 From:LUIGI P <astrojupiter.2000@gmail.com> Sent:Friday, August 25, 2023 12:56 PM To:Scott Donnell Subject:Draft EIR Thank you for allowing me to express my opinion regarding the Draft EIR for the 2021-2029 Housing Element. I am a home owner living in Carlsbad District 2 and I support Alternative 2 Reduced Sites. Most residents who responded to the survey in September and October 2021 objected to the increase density of sites 3, 8 and 15 . Alternative 2 would provide for more residences and at the same time, be agreeable to the local community residents. Regards, L.Persico CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C20 1 2-129 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C20 COMMENTER: Luigi Persico DATE: August 25, 2023 Response C20-1 The commenter expresses support for alternative 2. The commenter states that most residents who responded to the survey in September and October 2021 objected to the increase in density of sites 3, 8, and 15. The commenter states alternative 2 would provide more residences and be agreeable to the local community. The commenter’s statements about the alternatives and the eventual project that should be approved by the city will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-130 1 From:Jeff Johnson <jjbio170@yahoo.com> Sent:Sunday, August 27, 2023 12:42 PM To:Scott Donnell Subject:Regarding housing sites under consideration Dear Mr. Donnell, I am writing this letter regarding the rezoning of site 4 for higher density housing. I live in Sunny Creek, right across the street from site 4. I agree that Carlsbad needs to provide more affordable housing, but we need to provide it in a location that best serves the people who need this housing. Several sites, including site #4, are not appropriate locations for these proposed housing developments. Specifically, the reason site #4 is inappropriate (some of these reasons may apply to some of the other sites) are as follows: 1. The entire site sits within or adjacent to the highest severity fire zone. 2. Lack of community services (grocery stores, etc.) within walking distance. We already have one low income apartment housing unit behind the Sunny Creek housing development, and I watch many of these people take their wagons or carts to bring back groceries, etc. This same reasoning applies to parks, schools, and other essential services. 3. El Camino, at least at this location, is not a safe street for a residential complex to be co-located with. Unless the housing community is a walled-off, prison-like compound, people are going to get hurt. I have witnessed several accidents at the intersection of College Blvd. and El Camino due to excess speeds, and I’ve encountered young, unsupervised special-needs children playing in the streets who live in the existing apartment complex north of Sunny Creek. I hope that we can place these housing units in a location that provides a real sense of community that is both safe and closer to essential services. Thank you for your efforts on this challenging but important issue. Best regards, Jeffrey Johnson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C21 1 2-131 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C21 COMMENTER: Jeff Johnson DATE: August 27, 2023 Response C21-1 The commenter expresses opposition to the construction of affordable housing on site 4 because the site sits within or adjacent to the highest fire severity zone, the site lacks community services like grocery stores, parks, and schools within walking distance, and is located near El Camino Real which the commenter opines is not a safe street for a residential complex to be co-located with. As discussed under Impacts PS-3 through PS-5 in Section 4.12, Public Services and Recreation, the proposed project would not require the construction or expansion of schools, recreational facilities, or library facilities. The city would continue to implement policies 7-G.9 and 7-P.23 of the Arts, Culture, History, and Education Element of the 2015 General Plan, which would facilitate coordination with school districts to ensure school facilities have adequate and permanent capacity to accommodate projected future enrollment. The city would also continue to implement policies 4- P.5b and 4-P.20 through 4-P.39 of the Open Space, Conservation, and Recreation Element of the General Plan, which would ensure the city actively seeks to preserve and expand parks to meet the needs of Carlsbad residents as well as meet the park standards outlined in the Citywide Facilities and Improvements Plan of the GMP. As discussed under Impact T-3 in Section 4.13, Transportation, land use proposals that would add traffic to streets not designed to current standards are evaluated through the environmental review process for consistency with Carlsbad standard processes and the Caltrans recommended guidance, LDIGR Safety Review Practitioners Guide. If needed, mitigation measures are identified therein, and the project is conditioned to construct or provide funding for an improvement that would minimize or eliminate the hazard. New and upgraded roadways needed to accommodate new development would be designed according to applicable Federal, State, and local design standards. Furthermore, policies 3-P.10, 3-P.12, 3-P.13, and 3-P.16 of the 2015 General Plan would reduce impacts related to traffic safety and hazards. As discussed in Section 4.15, Wildfire, of the Draft SEIR, site 4 is partially located within an LRA Very High Fire Hazard Severity Zone. However, development facilitated by the project would be subject to the California Fire Code, which includes safety measures to minimize the threat of fire, such as noncombustible or ignition-resistant building materials for exterior from the surface of the ground to the roof system and sealing any gaps around doors, windows, eaves, and vents to prevent intrusion by flame or embers. Construction would also be required to meet CBC requirements, including CCR Title 24, Part 2, which includes specific requirements related to exterior wildfire exposure. Development facilitated by the proposed project would also be required to adhere to the California Fire Code, Part 9 of the CBC, which outlines standards for fire safety such as fire flow requirements for buildings, fire hydrant location, and distribution criteria. In addition, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply; which would help prevent loss of structures or life by reducing access limitations for purposes of accessing and suppressing wildfire locations. Furthermore, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards. Site 4 would be subject to these 2-132 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report requirements prior to approval and development. The Public Safety Element Update also includes new and updated policies that were designed to account for California Attorney General Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act, which would further reduce wildfire impacts to a less than significant level. 2-133 1 From:Chris Galindo <cfgalindo@roadrunner.com> Sent:Sunday, August 27, 2023 1:03 PM To:daleordas@gmail.com Cc:Planning; Scott Donnell; City Clerk; Council Internet Email Subject:RE: Housing EIR Hi Dale, Very well stated comments.in your draft and I appreciate the comparisons you made to the Lahaina fire specially the escape routes that were impacted due to fleeing residents, narrow roads and emergency vehicles. The Pointsettia Fire is still fresh in our memories and irregardless of all the safeguards and traffic calming measures, evacuating hundreds of residents from a high density development could be problematic. I see no areas to change in your draft as I feel it appropriately addresses the issues. Thank you for sending this to me to look at. Best Regards, Chris On Aug 27, 2023 12:31 PM, daleordas@gmail.com wrote: Per your request, attached are my comments regarding the proposed “Housing EIR.” If anything further is needed, let me know. Dale Ordas 7325 Seafarer Pl Carlsbad, CA 92011 760-613-9387 www.ordas.com Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Letter C22 1 2-134 2 From: City of Carlsbad <communications@carlsbadca.ccsend.com> On Behalf Of City of Carlsbad Sent: Friday, August 18, 2023 10:01 AM To: daleordas@gmail.com Subject: Reminder: Housing EIR available for review ፐፑፒፓፔፕፖ Provide input through 8/28 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2-135 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C22 COMMENTER: Chris Galindo DATE: August 27, 2023 Response C22-1 The commenter expresses support for Dale Ordas’ comments on the Draft SEIR including the comparisons to the Lahaina Fire which has escape routes that were impacted due to fleeing residents, narrow roads, and emergency vehicles. The commenter states the Poinsettia Fire is fresh in residents’ memories and states that evacuating hundreds of residents from a high density development could be problematic. As discussed under Impact T-4 in Section 4.13, Transportation, of the Draft SEIR, development facilitated by the project would be required to provide adequate accommodation of fire access to structure frontages, multiple access points to development, as well as adequate width, height, and turning radius of roadways and access points, pursuant to California Building Code and California Fire Code requirements. Development facilitated by the project would be required to comply with city and San Diego County standards and requirements and would undergo review by public safety officials as part of the approval process. Additionally, as found in the 2015 General Plan EIR, policies 3-P.12, 3-P.29, 3-P.30, and 3-P.33 would reduce impacts related to emergency access. Therefore, the proposed project would not result in inadequate emergency access. Please refer to Response B4-3 for additional information on emergency evacuation. A response to Dale Ordas’ letter is provided under Letter C24. Please see Response C24-1. 2-136 1 From:Mike Geraghty <michael.e.geraghty@gmail.com> Sent:Sunday, August 27, 2023 1:08 PM To:Scott Donnell Subject:Fwd: Reminder: Housing EIR available for review 🏠 Mr Donnell - Please include my feedback below as part of the proposed zoning changes: I want to share my feedback regarding proposed locations called “Site 8” and “Site 9” on the report. As a 23 year resident of Carlsbad, I want to express my opposition for specifically considering Site 8 and Site 9 for R-23 zoning change to meet state requirements. Changing the zoning of Site 8 and Site 9 would put a disproportional share of high density housing in a concentrated location. The report did not clearly indicate where existing high density / affordable / low income housing exists. I support dispersing this type of housing/development throughout the city. Currently, the area of Palomar Airport Road and Aviara Parkway has Laurel Tree apartments (138 units) and is adding ad additional 329 units with the construction of Aviara apartments for a total of 467 units concentrated in a tight area. This will bring increased traffic, parking, congestion and associated issues to an already busy intersection. Using Site 8 or Site 9 will put additional strain on this area of the city. My concern has always been the number of vehicles/parking availability that the proposed Aviara apartments will create - and adding additional housing in this area will make it even worse. I would invite you to inspect the parking situation on Laurel Tree drive - which is already crowded and the new apartments under construction have not been completed. I predict much higher level of traffic and scarce parking availability. Thank you Mike Geraghty 1191 Mariposa Road Carlsbad, CA 92011 Begin forwarded message: From: City of Carlsbad <planning@carlsbadca.gov> Subject: Reminder: Housing EIR available for review ፐፑፒፓፔፕፖ Date: August 18, 2023 at 10:00:46 AM PDT To: michael.e.geraghty@gmail.com Reply-To: planning@carlsbadca.gov Letter C23 1 2 2-137 2 Reminder: Draft environmental impact report available for review through Aug. 28 You still have time to provide input on the Draft Environmental Impact Reportfor potential new housing sites in Carlsbad. The report is required as part of the city’s Housing Element Update, a state- required plan approved in April 2021 for how Carlsbad will accommodate projected housing needs through 2029. Specifically, about every eight years, cities are provided with the number of homes needed to accommodate people of all income levels and stages of life, based on demographic data. Community members can review the report and provide input via mail or email through 5 p.m. on Aug. 28, 2023. The report, appendices and related documents are available on the project webpage. Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 scott.donnell@carlsbadca.gov About the sites The city’s housing plan includes proposed changes to zoning that would:  Allow housing on certain properties currently zoned for commercial, industrial and public uses  Increase the amount of housing on properties already zoned for residential development After zoning changes are made and necessary approvals are obtained, it will be up to property owners to decide whether to build more housing on these sites and when. In all, the city needs to rezone property to accommodate about 2,600 higher density housing units by April 2024 to meet state requirements and guidelines. Based on input from the community, including people who own and live near properties that could be rezoned, the City Council directed staff to fully study the environmental impacts of two different map alternatives: Map 1 2-138 3 Map 1 includes the 18 sites reviewed by the public in late 2021 with one change. One of the parcels within Site 4, at the northeast corner of El Camino Real and College Boulevard, was removed from the map because one of the property owners did not want the property rezoned to increase the density to the level considered. The two remaining parcels of Site 4 were included in both maps. Map 2 This map removes the additional following sites from Map 1: Site 3: Increasing the density allowed on vacant land already zoned for residential development at the southwest corner of El Camino Real and Chestnut Avenue. Site 8, currently home to Cottage Row Carlsbad apartments, southeast of the Palomar Airport Road and Aviara Parkway intersection. This land would be rezoned to increase density. Site 15: The site of a city public works yard at the corner of State and Oak streets in the Village. This map would also increase density and number of housing units that could be considered on the properties at the Carlsbad Village and Poinsettia Coaster stations (Sites 14 and 17). The North County Transit District has expressed support for redeveloping these properties to allow for housing and transit parking, while maintaining the Coaster stations for transit. About the environmental analysis Before deciding which properties to rezone, the city needed to study potential environmental impacts, such as traffic, biological resources, aesthetics and greenhouse gas emissions. Unrelated to the new housing sites, the environmental report also evaluates the impacts of state-mandated measures regarding wildfire and flooding prevention and evacuation routes in the Public Safety Element. Next steps Fall 2023: Planning Commission public hearing to review the environmental report and public input. Commission recommends which sites to rezone. Early 2024: City Council public hearing to review the environmental report and public input. City Council decides which sites to rezone. More information Housing Plan Update project webpage 2-139 4 Map of 18 potential housing sites considered General Plan Scott Donnell, Senior Planner, scott.donnell@carlsbadca.gov, 442-339-2618 Visit the Website City of Carlsbad | 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Unsubscribe michael.e.geraghty@gmail.com Update Profile | Constant Contact Data Notice Sent by planning@carlsbadca.gov CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2-140 {city of Carlsbad o a a m City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C23 COMMENTER: Mike Geraghty DATE: August 27, 2023 Response C23-1 The commenter expresses opposition for zoning changes on site 8 and site 9 as part of the proposed project because it would put a disproportional share of high-density housing in a concentrated location. The commenter states that the Draft SEIR did not indicate where existing high density, affordable, and low-income housing exists in the city. The commenter expresses support for dispersing this type of housing throughout the city. Existing land designated for high-density housing is shown on Figure 2-3 in Section 2, Project Description. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C23-2 The commenter states that Palomar Airport Road and Aviara Parkway currently has Laurel Tree Apartments which is 138 units and Aviara Apartments which is 329 units is being constructed in this area. The commenter states this will bring increased traffic, parking, and congestion issues to this intersection that is already busy. The commenter states that including site 8 or site 9 as part of the proposed project would put additional strain on this area of the city, specifically related to the number of vehicles and parking availability issues related to the Aviara apartments. The commenter invites the city to inspect the parking situation on Laurel Tree Drive and predicts higher levels of traffic and parking scarcity. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The provision of parking is not considered an environmental issue under CEQA. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-141 August 25, 2023 Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Re: Draft EIR Housing Element Update Dear Mr. Donnell, The problem with the Draft EIR Housing Element Update is the substantial safety risk to Carlsbad residents in the event of another fire like the Poinsettia fire May 15, 2014. It burned 400 acres with $22.5 million in damage, which included four single-family homes, an 18-unit apartment complex and two commercial structures that were destroyed plus six other homes were damaged. June 25, 2022, authorities asked residents to leave their homes in a Carlsbad as a brush fire moved through the nature area bordering a lagoon. The blaze started burning around 12:30 p.m. along the Buena Vista Lagoon, just west of Interstate 5, according to the Carlsbad Police Department. Small streets immediately surrounding the body of water, including parts of Buena Vista Circle, Kremeyer Circle and Laguna Drive were evacuated “out of caution.” The August 10, 2023, fire in Lahaina, Hawaii was a tragic example of the risks created by dense development. The following are excerpts from a piece by Bonnie Kutch that appeared in the San Diego Union-Tribune August 12, 2023: “Imagine being awaken by the smell of smoke … You look out see flames coming toward your home. You get up, quickly dress, herd your family members and pets to the car, and grab what few possessions you can on your way out … You reach the only exit road, where you’re met with gridlock. Cars aren’t moving because hundreds of high-density housing units have been added to your neighborhood, without roads being added or even widened. And because all these new rental units have been allowed to be built without on-premise resident parking, the streets are lined with parked cars, making it impossible to get around the line of traffic. Worse yet, the city has just reduced the main thoroughfare to one lane in each direction to create bike lanes. This isn’t merely an imagined scenario, but rather a probable disaster in the making if the city of San Diego continues its push for high-density housing and dense accessory dwelling unit, or ADU, development in high-risk fire zones, particularly on or near our many canyons … The inferno that just unfolded on Maui, killing more than 100 people … In San Diego, it’s predicted we will have wetter winters causing more vegetation overgrowth, followed by more intense heat waves and droughts. More wildfires can be expected …” These same hazards are present in the sites proposed sites 4, 6, 7, 8, 9, 12 ,17 and in particular site18 in the Ponto Area, where a reduction to one the lane in each direction on Carlsbad Blvd. is proposed. 300 Carlsbad Village Dr., Ste 108A, Carlsbad, CA 92008-2900 Mobile 760.613.9387 Fax760.431.9065 DaleO@ordas.com http://www.ordas.com Dale E. Ordas Mediator - Arbitrator - SB #38140 Ordas Dispute Resolution Letter C24 1 2-142 Page | 2 Affordable housing is a laudable goal, but it should not be created in a manner that puts the safety of Carlsbad residents in jeopardy. Any such plan should incorporate measures that minimize the risk to the lives of residents in the event of “expected wildfires.” Sincerely, Dale E, Ordas 1 cont. 2-143 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C24 COMMENTER: Dale Ordas DATE: August 25, 2023 Response C24-1 The commenter states that the Housing Element Update poses a safety risk to Carlsbad residents in the event of another fire like the Poinsettia Fire which burned 400 acres in May 2014. The commenter explains the damage to four single-family homes, an 18-unit apartment structure, and two commercial buildings that resulted from this fire. The commenter also cites an excerpt from the San Diego Union Tribune depicting the 2023 Lahaina, Hawaii fire. The commenter states that the same hazards present in Lahaina, Hawaii such as vegetation overgrowth and intense heatwaves and drought, are present on proposed sites 4, 6, 7, 8, 9, 12, 17, and 18. The commenter expresses specific concern over site 18 due to the proposed reduction of one lane in each direction on Carlsbad Boulevard. The commenter states that any plan to create affordable housing should incorporate measures that minimize the risk to the lives of residents in the event of wildfire. The proposed reduction of one lane in each direction on Carlsbad Boulevard is not associated with the proposed project. Policy 3-P.20 of the 2015 General Plan aims to improve connectivity along Carlsbad Boulevard for pedestrians and bicyclists, such as a trail, and also aims to improve crossings for pedestrians across and along Carlsbad Boulevard. As discussed in Section 4.15, Wildfire, of the Draft SEIR, Sites 1, 2, 4, 6, 7, 11, 12, and 19 are either in or less than 0.25 miles from a LRA Very High Fire Hazard Severity Zone. However, development facilitated by the project would be subject to the California Fire Code, which includes safety measures to minimize the threat of fire, such as noncombustible or ignition-resistant building materials for exterior from the surface of the ground to the roof system and sealing any gaps around doors, windows, eaves, and vents to prevent intrusion by flame or embers. Construction would also be required to meet CBC requirements, including CCR Title 24, Part 2, which includes specific requirements related to exterior wildfire exposure. Development facilitated by the proposed project would also be required to adhere to the California Fire Code, Part 9 of the CBC, which outlines standards for fire safety such as fire flow requirements for buildings, fire hydrant location, and distribution criteria. In addition, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply; which would help prevent loss of structures or life by reducing access limitations for purposes of accessing and suppressing wildfire locations. Furthermore, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards. Sites 1, 2, 4, 6, 7, 11, 12, and 19 would be subject to these requirements prior to approval and development. The Public Safety Element Update would also include new and updated policies that were designed to account for California Attorney General Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act, which would further reduce wildfire impacts to a less than significant level. The proposed project also includes updates to the Public Safety Element, which would ensure future development would not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan through the addition of policies 6-P.48, 6-P.50 to 6- 2-144 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report P.69. Future development would be required to undergo site-specific environmental review which would ensure less than significant impacts regarding emergency evacuation. Additionally, as found in the 2015 General Plan EIR, policies 3-P.12, 3-P.29, 3-P.30, and 3-P.33 would reduce impacts related to emergency access. Therefore, the proposed project would not result in inadequate emergency access. 2-145 1 From:Teri Jacobs <tjacobs86@pacbell.net> Sent:Monday, August 28, 2023 2:08 PM To:Scott Donnell Subject:RHNA Mr. Donnell, While I don’t think either of the plans are in the best interest of Carlsbad residents my choice would be the plan that limits as much density housing in the Village. The impacts that the increased numbers of units in the Village Coaster StaƟon is unconscionable. Dense housing near railroad tracks would not be safe for families. The assumpƟon that dwellers there will use the trains and not have cars is unreasonable. Where are the jobs that they will be traveling to? Where will they shop for groceries, buy school clothes for their kids? A parking garage is not safe. If the way that property is currently cared for and monitored I can only imagine what housing and a parking structure will look like. NCTD properƟes are currently monitored by the SD Sheriff. Will CPD or the Sheriff be called? Carlsbad Village is a very special place and residents want to keep it that way. Please consider the unintended consequences of the increased building in Dist 1 under the guise of transportaƟon proximity. Regards, Teri Jacobs Carlsbad Resident Dist 1 Sent from my iPad CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe. Letter C25 1 2 3 2-146 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C25 COMMENTER: Teri Jacobs DATE: August 28, 2023 Response C25-1 The commenter states the opinion that a plan that limits housing density in the village is in the best interest of Carlsbad residents. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C25-2 The commenter expresses opposition to the use of the Village Coaster Station as part of the proposed project due to its proximity to railroad tracks. The commenter also states an opinion that the assumption that dwellers will use the trains and not have cars is unreasonable. The commenter expresses concern about where the jobs that these residents would be travelling to are and the limited access to grocery stores and other necessities in the area. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. Response C25-3 The commenter states the opinion that a parking garage would not be safe on the Village Coaster Station site. The commenter asks if the site would be monitored by the Carlsbad Police or the Sherrif’s office. The commenter asks the city to consider the unintended consequences of increased building in district 1. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-147 1 Scott Donnell From:Ellen Fawls <snorkelbeach@sbcglobal.net> Sent:Monday, August 28, 2023 2:13 PM To:daleordas@gmail.com Cc:Planning; Scott Donnell; City Clerk; Council Internet Email Subject:Re: Housing EIR Great letter. I hope it does some good to slow down the frantic construction going on in Carlsbad. Sent from wireless On Aug 27, 2023, at 12:31 PM, daleordas@gmail.com wrote: Per your request, attached are my comments regarding the proposed “Housing EIR.” If anything further is needed, let me know. Dale Ordas 7325 Seafarer Pl Carlsbad, CA 92011 760-613-9387 www.ordas.com Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521),(b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. From: City of Carlsbad <communications@carlsbadca.ccsend.com> On Behalf Of City of Carlsbad Sent: Friday, August 18, 2023 10:01 AM To: daleordas@gmail.com Subject: Reminder: Housing EIR available for review ፐፑፒፓፔፕፖ Provide input through 8/28 <Comments Carlsbad High Density Housing Plan .pdf> CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C26 1 2-148 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C26 COMMENTER: Ellen Fawls DATE: August 28, 2023 Response C26-1 The commenter agrees with the comments submitted by Dale Ordas and states they hope the letter slows down construction in Carlsbad. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. A response to Dale Ordas’s letter is provided under Letter C24. Please see Response C24-1. 2-149 1 From:Christine Amato <christinemamato@icloud.com> Sent:Monday, August 28, 2023 6:17 PM To:Scott Donnell Subject:Re: Affordable housing sites 10 & 11 Also want to share that there are concerns about fire evacuaƟons. In light of what happened on Maui and having lived here for most of my life (35 plus years) and evacuated a few Ɵmes, I shudder to think about more homes trying to evacuate. Is this being considered. We also have ongoing water pressure issues here at kensington at the square. ChrisƟne Amato (C) 760.613.2868 Letter C27 1 2 2-150 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C27 COMMENTER: Christine Amato DATE: August 28, 2023 Response C27-1 The commenter expresses concern over fire evacuations with the increased residential development proposed by the project. Please refer to Response B4-3 for a discussion on emergency evacuation. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response C27-2 The commenter expresses concern over decreased water pressure at Kensington at the square. As discussed under Impact UTIL-1 in Section 4.14, Utilities and Service Systems, of the Draft SEIR, the proposed project would not require or result in the relocation or construction of new or expanded water facilities such that significant environmental effects beyond those already identified throughout the Draft SEIR would occur. As discussed under Impact UTIL-2, with compliance with existing State and local regulations aimed at water conservation, as well as Carlsbad Municipal Water District, Vallecitos Water District, and Olivenhain Municipal Water District Water Shortage Contingency Plans and ordinances, water supplies would be sufficient to accommodate the increase in demand for the proposed project. As discussed under Impact WF-2 in Section 4.15, Wildfire, the Public Safety Element Update would include policies 6-P.50 and 6-P.51 which would ensure that water pressure for existing developed areas is adequate for firefighting purposes and that development is only permitted within areas that have adequate water resources available to include water pressure, onsite water storage, or fire flows. The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. 2-151 1 From:Annette Swanton <annetteswanton@gmail.com> Sent:Tuesday, August 29, 2023 3:05 PM To:Scott Donnell Subject:Environmental study Please choose alternative 1 scott.donnell@carlsbadca.gov Re: Environmental Study I advocate for less housing in the Village: Alternate One Thank You Annette Swanton Carlsbad Resident Annette Swanton HomeSmart Realty West 300 Carlsbad Village Dr. Ste 217 Carlsbad CA 92008 760-622-9046 CABRE # 00930835 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C28 1 2-152 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C28 COMMENTER: Annette Swanton DATE: August 29, 2023 Response C28-1 The commenter advocates for less housing in the Village and expresses support for Alternative 1. Please see Response C9.1. 2-153 1 From:Patrick Kerins <pkerins662@gmail.com> Sent:Thursday, August 31, 2023 11:41 AM To:Scott Donnell Subject:Traffic concern re: site 18 Scott, I know the timeline for submitting feedback re: the new housing development in my area was on 8/28/23 but I need to share with you what I feel will be a traffic issue at site 18 which I believe is the planned condo/apartment complex at Ponto Rd and Ponto Dr.. The concern I have is the size of the development and the traffic that will be using the existing roads. The volume of traffic, I believe, will be using Ponto Rd. to access Carlsbad Blvd and then onto the Freeway via Poinsettia Lane. The current situation,with the volume of traffic now using the Ponto Rd will create traffic congestion and spillbacks especially in light of the hotel traffic that generates constant traffic flow from guests staying at the hotel, attending events and delivery vehicles on this small narrow two lane road. Obviously, this does not include the volume of traffic accessing and egressing from Hanover Beach Colony and traffic just using Ponto Rd. for other reasons. On a regular basis, tractor trailers making deliveries must park on Ponto Rd. to make its deliveries, literally shutting down one lane of traffic because the hotel's delivery bay is not large enough to accommodate the delivery vehicles. Today, either the delivery drivers or hotel staff shut off the southbound lane of Ponto Rd. to accomodate a delivery by a tractor trailer. An unauthorized person either from the delivery truck or the hotel was conducting traffic control by directing southbound traffic into the northbound lane. At the same time, another tractor trailer making a delivery to the hotel had to park in front of the hotel's entrance, blocking off access to residents trying to turn in and out from Leeward St onto Ponto. So you can imagine the significant increase in traffic by this development using Ponto Rd. between Carlsbad Blvd and Ponto Dr. under the current conditions. Most deliveries occur during peak times when people are coming and going for work, school and other activities. In addition, event activity at the hotel occurs when people are returning from their daily activities. I recall that sometime ago, the plans for the development of the property along Ponto Dr. had a road with a controlled intersection included on Ponto Dr for traffic associated with the development to access Carlsbad Blvd.. Is that controlled intersection still in the plans for this development? I appreciate any feedback you have to address my concerns. Thank you, Pat Kerins CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Letter C29 1 2 3 2-154 c==:> City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report Letter C29 COMMENTER: Patrick Kerins DATE: August 31, 2023 Response C29-1 The commenter acknowledges his comment letter is late but expresses the need to comment on the traffic issue at site 18. Pursuant to California Public Resources Code section 21099(b)(2) and CEQA Guidelines Section 15064.3, “a project’s effect on automobile delay shall not constitute a significant environmental impact.” Therefore, the Draft SEIR does not make significance conclusions with respect to impacts related to automobile delay, which is typically described as “Level of Service” (LOS). The commenter does not provide specific comments on the Draft SEIR or information or analysis to challenge its analysis or conclusions and no revisions to the Draft SEIR have been made in response to this comment. Response C29-2 The commenter expresses concern over the size of development and traffic volume on Ponto Road. The commenter states that the volume of traffic on Ponto Road from the proposed development coupled with hotel traffic would create traffic congestion and spillbacks. The commenter explains that tractor trailers making deliveries to the hotel would shut down one lane of traffic since the hotel’s delivery bay is not large enough to accommodate delivery vehicles, and deliveries often occur during peak hours which worsen traffic. Please see Response C29-1. Response C29-3 The commenter recalls plans for development of the property along Ponto Drive included a road with a controlled intersection and asks if this would still be included for the proposed development at Site 18. No specific development project has been proposed at this time. The commenter’s opinions on the project are noted and will be provided to city decision-makers for consideration. This comment does not pertain to the adequacy of the Draft SEIR and no SEIR revisions are required. 2-155 City of Carlsbad Responses to Comments on the Draft SEIR Housing Element Implementation and Public Safety Element Update Final Supplemental Environmental Impact Report This page intentionally left blank. 2-156 Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-1 Revisions to the Draft SEIR This chapter presents specific text changes made to the Draft SEIR since its publication and public review. The changes are presented in the order in which they appear in the original Draft SEIR and are identified by the Draft SEIR section and page number. Text deletions are shown in strikethrough, and text additions are shown in underline. The information contained within this chapter clarifies and expands on information in the Draft EIR and does not constitute “significant new information,” These revisions would not result in new or increased significant environmental impacts. No new significant impacts would occur, and no new mitigation measures would be required; therefore, no impacts beyond those identified in the SEIR would occur. No substantial revisions to the SEIR are required and therefore, pursuant to CEQA Guidelines Section 15088.5 recirculation of the SEIR is not warranted. (See Public Resources Code Section 21092.1; CEQA Guidelines Section 15088.5.) Executive Summary Table ES-1 has been revised as follows: Table ES-1 Summary of Environmental Impacts Impact Mitigation Measure (s) Residual Impact Biological Resources Impact BIO-6. The proposed project (specifically Sites 4, 6, 9, and 17) may conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans. This impact would be less than significant with mitigation incorporated. BIO-7 HMP Minor Amendments. Prior to project approval at Site 4, 6, 7, 9 and 17, each project shall be analyzed for consistency with the HMP in coordination with responsible agencies including CDFW and USFW. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP minor amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15. BIO-8 HMP Adjacency Standards. Projects within sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 shall evaluate potential indirect impacts, such as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat and species adjacent to the proposed development. Projects shall be consistent with the HMP Adjacency Standards (Section F-3). Less than Significant with Mitigation. 3 City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-2 Impact Mitigation Measure (s) Residual Impact Cultural Resources Impact CUL-4. Development facilitated by the proposed project could adversely impact tribal cultural resources. Consultation with Native American Tribal representatives is ongoing. This impact would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines and implementation of mitigation. Mitigation Measure CUL-1 Tribal Cultural Resources. Projects subject to discretionary actions shall comply with the city's Tribal, Cultural, and Paleontological Resources Guidelines. For ministerial projects, the city shall provide Traditionally and Culturally Affiliated Luiseño tribes (“TCA Tribe”) with early notification and the opportunity to consult on development applications and identify and assess impacts to tribal and cultural resources. Further, before commencement of any ground-disturbing activities, the project developer shall comply with the following requirements to ensure the appropriate response to the presence of any tribal and cultural resources: a. Retain the services of a qualified archaeologist who shall be on-site for ground-disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseño Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a TCA tribe. This agreement will address provision of a Luiseño Native American monitor and 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 will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and may include the following provisions. i. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, exploratory geotechnical investigations/borings for contractor bidding purposes, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. ii. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians or other Luiseño Tribe, 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. iii. The Luiseño Native American monitor shall be present at the project’s pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the archaeologist PI Less than Significant without Mitigation with Mitigation. Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-3 Impact Mitigation Measure (s) Residual Impact (principal investigator) concerning the proposed archaeologist techniques and/or strategies for the project. iv. 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 earthmoving 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. v. 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 or other Luiseño tribe 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 or other Luiseño tribe shall be consulted regarding the drafting and finalization of any such recovery plan. vi. 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 or other Luiseño tribe for dignified and respectful treatment in accordance with their cultural and spiritual traditions. vii. 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 City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-4 Impact Mitigation Measure (s) Residual Impact American, 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. viii. 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 archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. ix. 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 or other Luiseño tribe. x. Prior to the completion of project construction, 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 Project Archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval, and shall be submitted to the South Coastal Information Center. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. c. Furthermore, the Agreement may include additional measures mutually agreed upon by the project developer, city, and TCA Tribe such as evaluation of the project site’s pre-construction conditions for the presence or potential presence of TCRs as well as other measures tailored to and deemed necessary for the specific project. Section 2, Project Description Table 2-4 on Page 2-15 (Section 2.4.3, Proposed Amendments to the General Plan) has been revised as follows: Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-5 Table 2-4 Proposed General Plan Land Use and Zoning Map Changes Site #1 Location Approximate Site Size APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existin g Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation , if Present Propose d Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 12 North County Plaza 19 acres 156-301-16 R/OS R/R-40/OS C-2/Q C-2-Q RD-M-Q/C- 2-Q/OS 0 0 240 units 240 units Site 2 The Shoppes at Carlsbad parking lot 57 acres 156-301-11 R/OS R/R-40/R-23/OS C-2 RD-M/C-2/OS 0 0 993 units 993 units 156-302-35 R R/R-40/R-23 C-2 RD-M/C-2 156-301-06 R R/R-40 C-2 RD-M/C-2 156-301-10 R R/R-40 C-2 RD-M/C-2 156-302-23 R R/R-40 C-2 RD-M/C-2 156-302-14 R R/R-40/R-23 C-2 RD-M/C-2 156-302-17 R R/R-40 C-2 RD-M/C-2 Site 3 Chestnut at El Camino Real 2.5 acres 167-080-33, 34, 41 and 42 R-4 R-15 R-1-10000 RD-M 0 8 28 units (at 11.5 du/ac) 20 units City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-6 Site #1 Location Approximate Site Size APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existin g Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation , if Present Propose d Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 4 Zone 15 Cluster 27.7 acres 2 acres 209-060-72 R-4/OS R-30/OS R-1-10000 RD-M 1 1 1 unit 0 units25 209-090-11 R-15/L R-15/R-30 RD-M/C-L RD-M 0 115 327 units (115 units at 12 du/ac and 212 units at 26.5 du/ac) 212 units Site 5 Avenida Encinas Car Storage Lot 11.4 acres 210-090-24 PI R-30 P-M RD-M 0 0 53 units (at 26.5 du/ac) 53 units Site 6 Crossings Golf Course Lot 5 11.4 acres 212-270-05 PI/O R-30 P-M/O RD-M 0 0 181 units (at 26.5 du/ac) 181 units Site 7 Salk Avenue 9.8 acres 212-021-04 O R-30 O RD-M 0 0 259 units (at 26.5 du/ac) 259 units Site 8 Cottage Row Apartment s 11.9 acres 212-040-47 R-4 R-23/OS R-1-10000- Q RD-M-Q/OS 24 33 150 additiona l units (at 19 du/ac) 117 units -_ Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-7 Site #1 Location Approximate Site Size APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existin g Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation , if Present Propose d Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 93 West Oaks Industrial 10.8 acres 212-040-26 and 212-110-01 to -08 PI and OS R-30/OS PI RD-M/OS 0 192 192 units 0 units Site 10 Bressi Ranch Colt Place 2.6 acres 213-262-17 PI R-23 P-C P-C (no change) 0 0 49 units (at 19 du/ac) 49 units Site 11 Bressi Ranch Gateway Road 5.3 acres 213-263-19, 213-263-20 PI R-40 P-C P-C (no change) 0 0 199 units (at 37.5 du/ac) 199 units Site 12 Industrial Sites East of Melrose 14.1 acres 221-015-08, 221-014-03 PI R-35 P-M RD-M 0 0 456 units (at 32.5 du/ac) 456 units Site 14 Carlsbad Village COASTER Station 7.8 acres 155-200-11 and 12, 760-166-37, 203-296-12155-200-11-00, 155-200-12-00, 203-054- 28-00, and 203-296-12- 00 V-B V-B (no change) V-B V-B (no change) 0 93 93 units (at 28 du/ac) or 200 units (at under 30 du/ac) 0 units or 107 units36 Site 15 City's Oak Yard 1.3 acres 204-010-05, 204-010-06 V-B V-B (no change) V-B V-B (no change) 0 24 24 units (at 18 du/ac) 0 units -_ City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-8 Site #1 Location Approximate Site Size APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existin g Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation , if Present Propose d Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 16 Caltrans Maintenan ce Station/ Pacific Sales 6.9 acres 211-050-08, 09 GC, P R-30 RA- 10,000/C-2 RD-M 0 0 183 units (at 26.5 du/ac) 182 units Site 17 Poinsettia COASTER Station 5.8 acres 214-150-08- 00, 214-150- 20-00, 214- 150-11 P, TC R-23/P RD-M-Q, T-C RD-M-Q/T- C-Q 0 0 27 units or 100 units 27 units or 100 units47 Site 184 North Ponto Parcels 5.8 acres 216-010-01, 02, 03, 04, 05; 214-160-25 and 28; 214-171-11 R-15, VC/R15, GC R-23 C-2, RD-M-Q/C-T-Q, RD-M-Q RD-M 0 40 90 units (at 19 du/ac) 50 units Site 19 La Costa Glen/Foru m 7.8 acres 255-012-05 R/OS R-23/OS P-C P-C (no change) 0 0 76 units (at 19 du/ac) 76 units Total 3,295 units *Site 13: Removed from Housing Site Inventory and is not included within this SEIR. *1 Unit yields are estimates only. Net increase in units does not take into account units estimated from properties that are currently designated or partially designated as commercial (sites 1, 2, 4, 16, 18, 19). *2 Site 1: A private development application has been submitted. The 240 net increase in units reflects the units the application proposes. *3 Site 9: A project has been approved for 192 units that includes its own project-level CEQA review. However, for a conservative programmatic analysis, this SEIR includes Site 9 in its analysis. *4 Site 18: A private development application with 86 units (FPC Residential, SDP 2022-0003) has been approved on athe portion of the site north of Ponto Drive (APNs 214-160-25, 214-160-28 and 214-171-11). Accordingly, the rezoning proposed as part of Site 18 would affect only the portion of the site south of Ponto Drive that consists of five vacant parcels (APNs 216-010-01 to 05) totaling -_ Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-9 Site #1 Location Approximate Site Size APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existin g Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation , if Present Propose d Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 slightly more than one acre. Unit yield from the reduced site area if rezoned is 22 units. The proposed land use designation would change from GC to R-23; the zoning would change from C-2 to RD-M. 1 Net increase in units does not take into account units estimated from properties that are currently designated or partially designated as commercial (sites 1, 2, 4, 16, 18, 19). 25 Site “4a” (APN 209-060-72): Site could generate 154 units if rezoned to R-30. However, since the site is currently within a floodplain, the net increase in unit yield is 0. 36 Site 14: The City Council has directed the study of two different proposed unit yields for this site under Map 1 and Map 2. Map 1 has a proposed yield of 93 units, and Map 2 has a proposed yield of 200 units. The Map 1 yield of 93 units is an estimate of allowed units based on Village and Barrio Master Plan minimum density calculations (28 du/ac based on 50% of the developable area). The Map 2 yield is based on a higher density determined over the entire developable area and still within the density range allowed by the master plan (28-35 du/ac). The 107 units is the difference between the Map 2 and Map 1 unit yield estimates (200 - 93 = 107 units). This analysis assumes 107 units as a conservative estimate. 47 Site 17: The City Council has directed the study of two different proposed unit yields for this site under Map 1 and Map 2. Map 1 has a proposed yield of 27 units, and Map 2 has a proposed yield of 100 units. This analysis assumes 100 unit as a conservative estimate. Notes: du/ac = dwelling units per acre City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-10 Page 2-21 (Section 2.4.7, Amendment to Master and Specific Plans) has been revised as follows: Several of the rezone sites are within master or specific plans. These plans provide a comprehensive set of guidelines, regulations, and implementation programs for ensuring development of a specific site or area in accordance with the city’s General Plan, CMC, and other applicable planning documents. Often, master and specific plans provide more tailored objectives and standards than possible through city-wide documents such as the Zoning Ordinance. Examples of such plans include the Bressi Ranch Master Plan, Village and Barrio Master Plan, and Westfield Carlsbad Specific Plan. Rezone sites 1, 2, 7, 10, 11, 14, 15 and 19 are all within master or specific plans. This includes:  Site 1 – North County Plaza Specific Plan  Site 2 – Westfield Carlsbad Specific Plan  Site 7 – Fenton Carlsbad Center Specific Plan  Site 10 – Bressi Ranch Master Plan  Site 11 – Bressi Ranch Master Plan  Site 14 – Village and Barrio Master Plan  Site 15 – Village and Barrio Master Plan  Site 19 – Green Valley Master Plan These plans require amendment as necessary to ensure consistency with the General Plan and Zoning Ordinance and Map as proposed by this project. The plans that would be amended with the proposed project include the following (no changes to the Village and Barrio Master Plan are proposed as part of the project): 1. Bressi Ranch Master Plan 2. Green Valley Master Plan 3. Fenton Carlsbad Center Specific Plan 4. North County Plaza Specific Plan 5. Wes�ield Carlsbad Specific Plan Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-11 Section 3, Environmental Setting Table 3-1 on pages 3-1 to 3-3 have been revised as follows: Table 3-1 Rezone Site Characteristics Site # Location Approximate Site Size Existing Use and Site Features Site 1 North County Plaza 19 acres The site includes a shopping center (North County Plaza) developed with stores, restaurants and other businesses. The site is east of Buena Vista Lagoon and partially includes Buena Vista Creek. An application to develop a portion of the site with residential and new commercial uses has been submitted to the city. This site is within the North County Plaza Specific Plan area. Most of the site is also in the Coastal Zone. Site 2 The Shoppes at Carlsbad parking lot 57 acres The site is owned by the city and encompasses the parking lots for The Shoppes at Carlsbad mall and a North County Transit District transit station. The northwest corner of the site includes Buena Vista Creek and its associated riparian habitat and floodplain area. This site is within the Westfield Carlsbad Specific Plan area. Site 3 Chestnut at El Camino Real 2.5 acres The site consists of three vacant properties. The site contains slopes and potential biological resources. Site 4 Zone 15 Cluster 27.7 acres The site includes two separate properties currently used for an RV storage lot, a house, and outbuildings. The site is mostly undeveloped. The northern portion of the site includes a Proposed Hardline and a Standards Area, which are designated for future conservation in the Carlsbad Habitat Management Plan. The Proposed Hardline has been approved as a biological mitigation site for the future extension of College Blvd and is designated as Open Space. This site is within a Very High Fire Hazard Severity Zone. Site 5 Avenida Encinas Car Storage Lot 2 acres The site is currently occupied with a car storage lot. The site is almost entirely developed with paved surfaces. The site is in proximity of I-5 and the railway. It is also within 0.5-mile walking distance of the beach. This site is within the Coastal Zone. Site 6 Crossings Golf Course Lot 5 11.4 acres The site is a vacant and undeveloped City-owned property that was graded as part of the Carlsbad Golf Course development. A portion of the site is steeply sloped, and the developable portion of the site is approximately 6.8 acres. This site is partially within the Coastal Zone. Site 7 Salk Avenue 9.8 acres The site has been graded but is currently vacant and undeveloped. The site contains manufactured slopes and vegetation. This site is within the Fenton Carlsbad Center Specific Plan area. Site 8 Cottage Row Apartments 11.9 acres The site is developed with 24 duplex apartments. Portions of the site are undeveloped. The project site is in the Coastal Zone and undeveloped portions contain potential biological resources. The site includes a relatively flat area bordered by steep slopes. This site is within the Coastal Zone. Site 9 West Oaks Industrial 10.8 acres The site consists of nine separate but adjacent parcels, some of which have been graded, but are undeveloped. The westernmost parcel is an Existing Hardline, and a portion of the remaining lots north of West Oaks Way are a Proposed Hardline in the Carlsbad Habitat Management Plan. A powerline easement and Encinas Creek traverse the site. In 2021, the city approved “West Oaks,” a City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-12 Site # Location Approximate Site Size Existing Use and Site Features 192-unit apartment project on this site. Most of the site is within the Coastal Zone. Site 10 Bressi Ranch Colt Place 2.6 acres The site is a previously graded but vacant lot located between residential developments. Approximately 0.6 acres of the site is restricted by McClellan-Palomar Airport Safety Zone 2. This site is within the Bressi Ranch Master Plan area. Site 11 Bressi Ranch Gateway Road 5.3 acres The site consists of two vacant and undeveloped parcels adjacent to industrial and commercial uses. This site is within the Bressi Ranch Master Plan area. Site 12 Industrial Sites East of Melrose 14.1 acres The site consists of two separate but adjacent properties north of Palomar Airport Road. One of the sites is undeveloped but has been previously graded. The other site is developed with a parking lot. Site 14 Carlsbad Village COASTER Station 7.8 acres The site is developed with a parking lot that serves the Carlsbad Village Coaster Station and also features vacant, graded land north of the parking lot. The site lies between the Carlsbad Boulevard bridge to a point approximately 200 feet north of the station. It is owned by North County Transit District. This site is within the Village and Bario Master Plan area. Site 15 City's Oak Yard 1.3 acres The site is owned by the city and is currently developed with a public works maintenance and operations yard. The site is bordered by existing commercial and industrial development and, to the west, railroad tracks. It is three blocks south of the Carlsbad Village Train Station. This site is within the Village and Bario Master Plan area. Site 16 Caltrans Maintenance Station and Pacific Sales 6.9 acres The site consists of two adjacent parcels. The northern parcel is developed with a Caltrans maintenance station and the southern, privately-owned parcel is occupied by commercial use. The eastern portion of the southern parcel is undeveloped and both sites are generally flat. This site is within the Coastal Zone. Site 17 Poinsettia COASTER Station 5.8 acres The site is developed with transit facilities and 341 parking spaces for transit riders and is owned by the North County Transit District. The site is bordered by railroad tracks to the west and mixed-use development to the east. This site is within the Coastal Zone. Site 18 North Ponto Parcels 5.95.8 acres The site consists of eight vacant properties which include self- storage and undeveloped areas. The site is generally flat and is bounded by railroad on the eastern side. The city approved 86 apartments on the north three parcels of Site 18 in May 20222023. This site is within the Coastal Zone. Site 19 La Costa Glen/Forum 7.8 acres The site is primarily vacant and partially developed with a parking lot. The site has been previously graded. There are no known physical constraints to development as previously present slopes within the project site have been graded. This site is within the Coastal Zone, a Very High Fire Hazards Severity Zone, and within the Green Valley Master Plan area Note: Site 13 removed from Housing Site Inventory and is not included within this SEIR. Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-13 Section 4.1, Aesthetics Page 4.1-5 (Section 2.4.8, Anticipated Growth) has been revised as follows: Specific and Master Plans The city uses specific plans and master plans to coordinate development and infrastructure improvements on large sites or series of parcels. Specific plans and master plans must be consistent with the General Plan and are typically used to establish development plans and standards to achieve the design and development objectives for a particular area. Much of the residential areas in the southern and northeastern portions of the Carlsbad were developed as part of a master plan (e.g., Aviara, Bressi Ranch, Calavera Hills, Rancho Carrillo, Robertson Ranch, and Villages of La Costa). In addition to the large residential master plan areas, the city has several smaller residential specific plans and specific plans for commercial and industrial areas. The Village Master Plan (described below) guides development in that area. The North County Plaza Specific Plan, Westfield Carlsbad Specific Plan, Fenton Carlsbad Center Specific Plan, Bressi Ranch Master Plan, Village and Barrio Master Plan, and Green Valley Master Plan are described below. There are also many older specific plans and master plans that have been fully implemented. North County Plaza Specific Plan, 2011 The purpose of this Specific Plan is to amend the previously adopted SP-41 (Ordinance No. 9334) and to provide a comprehensive development plan for the area between Marron Road and Buena Vista Creek, west of Plaza Camino Real. This plan is to ensure that development of this area takes into consideration adjacent and neighboring properties, existing developments, and future development. This Specific Plan is intended to be a tool to implement the goals and policies of the City's General Plan. Westfield Carlsbad Specific Plan, 2014 The purpose of the Westfield Carlsbad Specific Plan (WCSP) is to provide a comprehensive set of development standards, guidelines, and implementation procedures to facilitate the redevelopment, revitalization and operations of Westfield Carlsbad (WC) consistent with the existing General Plan Designation of Regional Commercial. Westfield Carlsbad is a super regional shopping center with approximately 1,151,100 square feet of gross leasable area (1,348,500 square feet of gross floor area (including common access areas)) featuring major department stores, specialty retail shops and restaurants. The plan allows Westfield Carlsbad the flexibility to meet the progressive and changing commercial, entertainment and service needs of the residents of Carlsbad and coastal north county region. The plans and exhibits provided in this specific plan provide a framework for future development at Westfield Carlsbad. The WCSP provides development and design guidelines. In addition, the WCSP permits residential in a multi-family and mixed use format. Fenton Carlsbad Center Specific Plan, 2008 The 48.54-acre Fenton Carlsbad Center Specific Plan area is located on Salk Avenue, between El Camino Real and College Boulevard. The purpose of this Fenton Carlsbad Center Specific Plan (FCCSP) is to address the need for a full mix of office and medical facilities within Carlsbad, to serve both residents and the daily workforce. FCCSP only seeks to define the allowable type of land uses and does not provide development standards or design standards above and beyond City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-14 those of the Office Zone; the plan does include several implementation measures that future projects will need to comply with in addition to those of the base zone. Bressi Ranch Master Plan, 2016 The Bressi Ranch Master Plan covers 585.1 acres and is located at the southeast corner of Palomar Airport Road and El Camino Real within the southeast quadrant of the City of Carlsbad. The purpose of the Bressi Ranch Master Plan (also referred to as Master Plan) is to provide for a comprehensive set of guidelines, regulations and implementation programs for ensuring the development of Bressi Ranch in accordance with the City's General Plan, Municipal Code and other applicable planning documents. The Bressi Ranch Master Plan defines the allowable type and intensity of land uses, provides detailed development and design criteria, and describes how the Master Plan will be implemented. Carlsbad Village and Barrio Master Plan, 2019 The Carlsbad Village and Barrio Master Plan (City of Carlsbad 2019) replaces the Village Master Plan and Design Manual which was originally approved in 1995 and most recently revised in 2017. The plan establishes the land use, zoning, design, and long-range strategy for the Carlsbad Village and Barrio areas. The Carlsbad Village and Barrio Master Plan, together with other implementing ordinances, also serve as the Local Coastal Program for the Coastal Zone-portions of the Carlsbad Village and Barrio, pursuant to requirements of the California Coastal Act. The Carlsbad Village and Barrio Master Plan articulates a vision for neighborhoods that:  Serve as the historic heart of the city, honoring Carlsbad’s past and creating a strong sense of community.  Are connected in place and spirit, yet retain their unique personalities.  Embody the principles of smart growth, with a mix of commercial and residential land uses, a variety of housing choices, walkable neighborhoods and multiple transportation options.  Attract high quality, sustainable development that enhances vitality and local character. Sites 14 and 15 are within the Carlsbad Village and Barrio Master Plan area. Green Valley Master Plan, 1996 The Green Valley Master Plan serves as the development and preservation policy and design guidelines for the Green Valley property, which encompasses approximately 281 gross acres in southwestern Carlsbad. The Green Valley site is physically characterized by three distinct areas: (1) a linear riparian woodland area which is parallel and adjacent to El Camino Real; (2) an area of gently sloping open fields which is located to the west of the riparian woodland area; and (3) an area of moderate to steep slopes which is located in the western portion of the property. The western portion of Green Valley is characterized by moderate to steep slopes with three small canyons draining to the east. The highest elevations on-site are along the western boundary. Development of Green Valley is subject to all applicable ordinances, regulations, and policies of the City of Carlsbad, except as may be specifically discussed in this Master Plan and/or the Local Coastal Program. An objective of the Master Plan is to “Guide the visual transition from undeveloped to developed lands through the use of building form, color, and materials.” The Master Plan includes general community design standards and specific design directions for each Planning Area. Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-15 Section 4.3, Biological Resources Mitigation Measure BIO-7, HMP Minor Amendments, on Page 4.3-31, has been revised as follows: BIO-7 HMP Minor Amendments Prior to project approval at Site 4, 6, 7, 9 and 17, each project shall be analyzed for consistency with the HMP in coordination with responsible agencies including CDFW and USFWS. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP Minor Amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15. Section 4.4, Cultural and Tribal Cultural Resources Table 4.4-2 has been revised as follows: Table 4.4-2 Inventory of Rezone Sites Site APN Location Construction Date Eligibility Status 1 1563011600 North County Plaza, 1810 Marron Road N/A N/A 2 1563011100; 1563011000; 1563010600; 1563023500; 1563022300 The Shoppes at Carlsbad, 2525 El Camino Real N/A N/A 3 1670805000; 1670804900; 1670803400 Chestnut Avenue at El Camino Real Vacant N/A 4 2090901100; 2090607200 Zone 15 cluster, College Ave at El Camino Real, and 2820 Sunny Creek Rd Circa 1978 (2090607200) N/A Unknown 5 2100902400 Avenida Encinas car storage lot, Avenida Encinas at Cannon Road N/A N/A 6 2122700500 Crossings Golf Course Lot 5 Vacant N/A City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-16 Site APN Location Construction Date Eligibility Status 7 2120210400 Salk Avenue parcel, Salk Avenue at Fermi Court Vacant N/A 8 2120404700 Cottage Row, 1400 Plame Tree Lane Circa 1978 Unknown 9 2120402600; 2121100700; 2121100600; 2121100500; 2121100800; 2121100400; 2121100300; 2121100200; 2121100100 West Oaks industrial site Circa 1964 transmission lines (2121100500, 2121100800, 2121100200, and 2121100100) Unknown 10 2132621700 Bressi Ranch Colt Place industrial parcel, Palomar Airport Road east of Innovation Way Vacant Unknown N/A 11 2132631900; 2132632000 Bressi Ranch Gateway Road industrial parcels, Gateway Road at Palomar Airport Road Vacant Unknown N/A 12 2210140300; 2210150800 Industrial sites east of Melrose Drive, 5980 Eagle Dr Vacant Unknown N/A 14 1552001200; 7601663700 Carlsbad Village Train Station Parking Lot, near railroad tracks at Carlsbad Boulevard Railroad tracks on parcels are pre-1937 Unknown 15 2040100500; 2040100600 City’s Oak Yard, Oak Avenue and Tyler Street Circa 1964 (2040100600); circa 1967 (2040100500) Unknown 16 2110500900; 2110500800 Caltrans Maintenance Station & Pacific Sales, 6100 Paseo Del Norte Circa 1978 Unknown 17 2141502000; 2141500800 NCTD Poinsettia Coaster Station, Costa Boulevard west of Embarcadero Lane Circa 1995 Unknown 18 2141602800; 2141711100; 2141602500; 2160100100; North Ponto Parcels, 7200 Ponto Drive Circa 1964 (2141711100); circa 1978 (2141602500) Unknown Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-17 Site APN Location Construction Date Eligibility Status 2160100200; 2160100300; 2160100400; 2160100500 19 2550120500 Vacant and parking lot for La Costa Glen/Forum, Calle Barcelona west of El Camino Real N/A Vacant N/A Source: NETROnline 2022 Notes: “Vacant” indicates no built environment structures present. “N/A” indicates not available or not applicable. The site is vacant and no built environment structure is present; or, a built environment feature or structure is present but it would not become of-age over the course project. “Unknown” indicates the site has an of-age building or structure for which no eligibility information is available. Therefore, it is unknown if the structure is eligible for listing on a historical resources list. Pages 4.4-25 through 4.27 have been revised as follows: Threshold 4a: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource as defined in Public Resources Code Section 21074 that is 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)? Threshold 4b: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource as defined in Public Resources Code Section 21074 that is 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? Impact CUL-4 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT COULD ADVERSELY IMPACT TRIBAL CULTURAL RESOURCES. CONSULTATION WITH NATIVE AMERICAN TRIBAL REPRESENTATIVES IS ONGOING. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH ADHERENCE TO THE CARLSBAD CULTURAL RESOURCE GUIDELINES AND WITH IMPLEMENTATION OF MITIGATION. As part of its tribal cultural resources identification process under AB 52 and SB18, the city sent letters via certified mail to twenty-seven tribal contacts that were identified as traditionally and culturally affiliated with the project area. The Pala Band of Mission Indians, Rincon Band of Lusieno Indians, and San Luis Rey Band of Mission Indians have formally requested consultation and consultation with these tribes is ongoing. Although no specific tribal cultural resources on the rezone sites have been identified during the preparation of this document, tribal cultural resources are known to exist in Carlsbad. Development facilitated by the proposed project has the potential to adversely impact tribal cultural resources. The Carlsbad Cultural Resource Guidelines addresses identification and treatment of tribal cultural resources that may be impacted as a result of development associated with the proposed project. Therefore, potential impacts to tribal cultural resources would be less than significant with adherence to the City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-18 Carlsbad Cultural Resource Guidelines. No mitigation is required. Nonetheless, this impact is potentially significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. The following mitigation is required: Mitigation Measure CUL-1 Tribal Cultural Resources Projects subject to discretionary actions shall comply with the city's Tribal, Cultural, and Paleontological Resources Guidelines. For ministerial projects, the city shall provide Traditionally and Culturally Affiliated Luiseño tribes (“TCA Tribe”) with early notification and the opportunity to consult on development applications and identify and assess impacts to tribal and cultural resources. Further, before commencement of any ground-disturbing activities, the project developer shall comply with the following requirements to ensure the appropriate response to the presence of any tribal and cultural resources: b. Retain the services of a qualified archaeologist who shall be on-site for ground-disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseño Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. d. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a TCA tribe. This agreement will address provision of a Luiseño Native American monitor and 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 will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and may include the following provisions. i. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, exploratory geotechnical investigations/borings for contractor bidding purposes, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. ii. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians or other Luiseño Tribe, 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. iii. The Luiseño Native American monitor shall be present at the project’s pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the archaeologist PI (principal investigator) concerning the proposed archaeologist techniques and/or strategies for the project. iv. Luiseño Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal cultural Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-19 resources are discovered during construction, all earthmoving 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. v. 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 or other Luiseño tribe 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 or other Luiseño tribe shall be consulted regarding the drafting and finalization of any such recovery plan. vi. 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 or other Luiseño tribe for dignified and respectful treatment in accordance with their cultural and spiritual traditions. vii. 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, 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. viii. 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 archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. ix. 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 or other Luiseño tribe. City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-20 x. Prior to the completion of project construction, 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 Project Archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval, and shall be submitted to the South Coastal Information Center. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. e. Furthermore, the Agreement may include additional measures mutually agreed upon by the project developer, city, and TCA Tribe such as evaluation of the project site’s pre- construction conditions for the presence or potential presence of TCRs as well as other measures tailored to and deemed necessary for the specific project. Significance after Mitigation Implementation of Mitigation Measure CUI-1 would reduce potential impacts to tribal cultural resources from development facilitated by the proposed project to less than significant levels. The geographic scope for cumulative cultural resource impacts includes areas in the vicinity Carlsbad, including adjacent unincorporated County land and adjacent incorporated cities. This geographic scope is appropriate for cultural resources because such resources are regionally specific. The geographic scope for cumulative tribal cultural resource impacts includes Luiseño and Kumeyaay/Diegueño traditional territory. This geographic scope is appropriate for tribal cultural resources because tribal cultural resources are regionally specific and determined by the local tribes. Cumulative buildout in this region would have the potential to adversely impact cultural and tribal cultural resources. It is possible that future cumulative projects would result in impacts to known or unknown historical resources. While impacts to such resources would be addressed on a case-by-case basis and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project, cumulative development may result in direct or indirect impacts to historical resources. As such, cumulative historical impacts would be significant. Development facilitated by the project would adhere to the provisions of the Carlsbad Cultural Resource Guidelines related to historical resources. However, even after implementation of these guidelines, the proposed project would result in a considerable contribution to this cumulative impact. Buildout of cumulative projects would result in significant cumulative impacts to unknown archaeological resources. In the event that individual cumulative projects would result in impacts to known or unknown cultural resources, impacts to such resources would be addressed on a case-by-case basis, and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project. As such, cumulative archaeological impacts would be less than significant without mitigation as development facilitated by the project must adhere to the Carlsbad Cultural Resource Guidelines. With adherence to these guidelines, impacts to archaeological resources would be less than significant; therefore, the proposed project would not result in a considerable contribution to this cumulative impact. Future projects and cumulative projects in the region would involve ground-disturbing activities which could encounter human remains. If human remains are found, the proposed project and cumulative projects would be required to comply with the State of California Health and Safety c. Cumulative Impacts Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-21 Code Section 7050.5, as described in Impact CUL-3, above. With adherence to the Carlsbad Cultural Resource Guidelines and existing regulations relating to human remains, cumulative impacts would be less than significant, and the proposed project would not result in a considerable contribution to this cumulative impact. Cumulative development in the region would disturb areas with the potential to contain tribal cultural resources. Given the potential to damage these unknown tribal cultural resources, cumulative impacts could be significant. Cumulative projects are reviewed separately by the appropriate jurisdiction and undergo environmental review when it is determined that the potential for significant impacts exists. In the event that future cumulative projects would result in impacts to known or unknown tribal cultural resources, impacts to such resources would be addressed on a case-by-case basis, and would be subject to the Carlsbad Cultural Resource Guidelines. With adherence to these guidelines, and with implementation of project specific mitigation, cumulative impacts would be less than significant, and the proposed project would not result in a considerable contribution to this cumulative impact. Section 4.8, Hydrology and Water Quality Figure 4.8-4 on Page 4.8-7 (Section 4.8.1d, Hydrologic Hazards – Flood Hazards) has been updated to the following map: City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-22 Figure 4.8-1 Tsunami Hazard Areas in Carlsbad :_ .. J City Limits Highway ~ -D - Major Street Planned Street Railroad Maximum Tsunami Projected Runup Tsunami Hazard Zone Tsunami Design Zone Potential Housing Sites • * Site 13 was desigllated as a low priority sire by the Ciry Councll and is therefore not shown on this mop 0 0.75 N 1.5 J\ '-----,M,-,+ilte-,----'I ~ Imagery provided by Esri cmcl its liceosors © 2023. Additional dora provided by City of Carlsbad, 2011; CG5, 1022; AS Cf Tsunami Hazard Tool, 2012. Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-23 Section 4.9, Land Use and Planning Page 4.4-9 has been revised as follows: Specific and Master Plans The city uses specific plans and master plans extensively to coordinate development and infrastructure improvements on large sites or series of parcels. Specific plans and master plans must be consistent with the general plan and are typically used to establish development plans and standards to achieve the design and development objectives for a particular area. Much of the residential areas in the southern and northeastern portions of the Carlsbad were developed as part of a master plan (e.g., Aviara, Bressi Ranch, Calavera Hills, Rancho Carrillo, Robertson Ranch, and Villages of La Costa). In addition to the large residential master plan areas, the city has several smaller residential specific plans and specific plans for commercial and industrial areas. The Village and Barrio Master Plan was recently amended in 2021 and will continue to guide development in that area. There are also many older specific plans and master plans that have been fully implemented. The North County Plaza Specific Plan, Westfield Carlsbad Specific Plan, Fenton Carlsbad Center Specific Plan, Bressi Ranch Master Plan, Village and Barrio Master Plan, and Green Valley Master Plan are described below. North County Plaza Specific Plan, 2011 The purpose of this Specific Plan is to amend the previously adopted SP-41 (Ordinance No. 9334) and to provide a comprehensive development plan for the area between Marron Road and Buena Vista Creek, west of Plaza Camino Real. This plan is to ensure that development of this area takes into consideration adjacent and neighboring properties, existing developments, and future development. This Specific Plan is intended to be a tool to implement the goals and policies of the City's General Plan. Westfield Carlsbad Specific Plan, 2014 The purpose of the Westfield Carlsbad Specific Plan (WCSP) is to provide a comprehensive set of development standards, guidelines, and implementation procedures to facilitate the redevelopment, revitalization and operations of Westfield Carlsbad (WC) consistent with the existing General Plan Designation of Regional Commercial. Westfield Carlsbad is a super regional shopping center with approximately 1,151,100 square feet of gross leasable area (1,348,500 square feet of gross floor area (including common access areas)) featuring major department stores, specialty retail shops and restaurants. The plan allows Westfield Carlsbad the flexibility to meet the progressive and changing commercial, entertainment and service needs of the residents of Carlsbad and coastal north county region. The plans and exhibits provided in this specific plan provide a framework for future development at Westfield Carlsbad. The WCSP defines allowable types and intensity of land uses. In addition, the WCSP permits residential in a multi-family and mixed use format. Fenton Carlsbad Center Specific Plan, 2008 The 48.54-acre Fenton Carlsbad Center Specific Plan area is located on Salk Avenue, between El Camino Real and College Boulevard. The purpose of this Fenton Carlsbad Center Specific Plan (FCCSP) is to address the need for a full mix of office and medical facilities within Carlsbad, to serve both residents and the daily workforce. FCCSP only seeks to define the allowable type of City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-24 land uses and does not provide development standards or design standards above and beyond those of the Office Zone; the plan does include several implementation measures that future projects will need to comply with in addition to those of the base zone. The plan provides for a mix of office uses and proportional amount of medical office uses within the city’s central employment area and also within close proximity to residentially zoned areas. Bressi Ranch Master Plan, 2016 The Bressi Ranch Master Plan covers 585.1 acres and is located at the southeast corner of Palomar Airport Road and El Camino Real within the southeast quadrant of the City of Carlsbad. The purpose of the Bressi Ranch Master Plan is to provide for a comprehensive set of guidelines, regulations and implementation programs for ensuring the development of Bressi Ranch in accordance with the City’s General Plan, Municipal Code and other applicable planning documents. The Bressi Ranch Master Plan defines the allowable type and intensity of land uses, provides detailed development and design criteria, and describes how the Master Plan will be implemented. A primary goal of the Bressi Ranch Master Plan is to create a pedestrian oriented community where the use of the automobile can be minimized. The Master Plan has a strong mixed-use component that includes residential, commercial and office/industrial uses in close proximity. Carlsbad Village and Barrio Master Plan, 2019 The Carlsbad Village and Barrio Master Plan (City of Carlsbad 2019) replaces the Village Master Plan and Design Manual which was originally approved in 1995 and most recently revised in 2017. The plan establishes the land use, zoning, design, and long-range strategy for the Carlsbad Village and Barrio areas. The Carlsbad Village and Barrio Master Plan, together with other implementing ordinances, also serve as the Local Coastal Program for the Coastal Zone-portions of the Carlsbad Village and Barrio, pursuant to requirements of the California Coastal Act. The Carlsbad Village and Barrio Master Plan articulates a vision for neighborhoods that:  Serve as the historic heart of the city, honoring Carlsbad’s past and creating a strong sense of community.  Are connected in place and spirit, yet retain their unique personalities.  Embody the principles of smart growth, with a mix of commercial and residential land uses, a variety of housing choices, walkable neighborhoods and multiple transportation options.  Attract high quality, sustainable development that enhances vitality and local character. Sites 14 and 15 are within the Carlsbad Village and Barrio Master Plan area. Green Valley Master Plan, 1996 The Green Valley Master Plan serves as the development and preservation policy and design guidelines for the Green Valley property, which encompasses approximately 281 gross acres in southwestern Carlsbad. Development of Green Valley is subject to all applicable ordinances, regulations, and policies of the City of Carlsbad, except as may be specifically discussed in this Master Plan and/or the Local Coastal Program. An objective of the Master Plan is to “Guide the visual transition from undeveloped to developed lands through the use of building form, color, and materials.” The Master Plan includes general community design standards and specific design directions for each Planning Area. The goal of this Master Plan is to ensure a high quality Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-25 development which will preserve the Existing environmental resources, to the greatest extent possible, and to provide commercial retail and housing opportunities for area residents. Section 4.10, Noise Page 4.10-32 (Section 4.10.3c, Project Impacts and Mitigation Measures Impact NOI-4) has been revised as follows: The McClellan-Palomar ALUCP includes development policies regarding the compatibility of development areas and exposure to noise (e.g., residential infill development shall not be allowed where exposure to noise levels of more than 65 dBA CNEL may occur), such as Policy 2.11.1b(3) which states that residential infill development shall not be allowed where the dwellings would be exposed to noise levels of more than 70 dB CNEL; and Policy 3.3.3(b), which states that the maximum airport-related noise level considered compatible for new residential development in the environs of the Airport is 65 dB CNEL. Although a small portion of Site 9 is within the 65-70 dB CNEL noise contour, a project has been approved at this site for 192 units that included its own project-level CEQA review. Section 4.13, Transportation Page 4.13-1 (Section 4.13.1b, Bus Service) has been revised as follows: NCTD fixed-route bus service is referred to as their BREEZE service. BREEZE NCTD currently operates approximately nine twelve BREEZE bus routes within the city, including routes 101, 302, 304, 309, 315, 323, 315/325, 444, 445, 604, 609, and 632 623. Buses generally operate on 3020-minute to 60-minute headways depending on the day of the week. NCTD also offers LIFT, a curb-to-curb service for disabled persons with disabilities who are unable to utilize the BREEZE serve fixed-route services and are certified as eligible to use the service, as required by the ADA. Page 4.13-1 (Section 4.13.1b, COASTER Commuter Rail) has been revised as follows: This is a north-south commuter rail transit service connecting from Oceanside to Santa Fe Depot in San Diego. Carlsbad is served by two COASTER stations, one located north of Poinsettia Lane (just west of I-5) and the other is located in the Village area. The COASTER service primarily operates southbound on headway times that vary from 20 minutes to 80 minutes from Monday to Friday with shorter headway times during busiest hours approximately 60-minute headways between 5:15 AM and 8:40 PM Monday through Friday. It operates northbound on headway times that vary from 20 minutes to 140 minutes from Monday to Friday with shorter headway times during busiest hours approximately 60-minute headways between 6:40AM and 10:20 PM. COASTER service is extended into the evening hours during weekends and holidays. It operates on reduced service hours on weekends and holidays with longer headways. A footnote has been added to the text of Page 4.13-5 (Section 4.13.2b, SB 743) as follows: This legislation also established that aesthetic and parking effects of residential, mixed-use residential, or employment center projects on an infill site1 within a TPA are not significant impacts on the environment. *Footnote 1: An infill site refers to a site with a building within unused and underutilized lands within existing development patterns. City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-26 Section 4.14, Utilities and Service Systems Page 4.14-4 (Section 4.14.1d, State Electric Power Supply) has been revised as follows: In 2021, California’s in-state electricity generation totaled 277,764 gigawatt-hours (California Energy Commission [CEC] 2023a). Primary fuel sources for the state’s electricity generation in 2021 included natural gas, hydroelectric, solar photovoltaic, wind, nuclear, geothermal, biomass, and solar thermal. Electricity imports accounted for approximately 30 percent of total system electric generation in 2021 (CEC 2023a). Pages 4.14-13 – 4.14-14 (Section 4.14.2a, Regulatory Setting - Water) have been revised as follows: Carlsbad CMWD Recycled Water Master Plan Update The Carlsbad Recycled Water Master Plan Update was adopted on July 15, 2019, as an update to the 2012 Recycled Water Master Plan. The Recycled Water Master Plan Update provides a system evaluation and capacity assessment of the recycled water system and recommends a capital improvement program to provide for continued reliable recycled water service through buildout conditions, which are projected to occur by 2040 (Carlsbad Municipal Water District 2019a). Carlsbad’s service areas for recycled water do not coincide with the City’s municipal boundary. The potable and recycled water service areas are governed by the Carlsbad Municipal Water District (CMWD), a subsidiary district of the City of Carlsbad operating under the Municipal Water District Act of 1911. CMWD covers an area of 20,682 acres, approximately 32 square miles, and provides potable and recycled water supply to most of the City of Carlsbad. CMWD supplies potable water within its service area and currently receives 100 percent of its potable water supply from SDCWA. The potable water distribution system consists of 450 miles of pipeline, 71 pressure regulating stations, three pump stations, eight storage tanks, and one reservoir. CMWD supplies recycled water through two recycled water distribution systems, which include 77 miles of pipeline, six pressure zones, three storage tanks, three booster pumping stations, three supply sources with pumping stations, and five pressure regulating stations. Land uses within the service area are primarily residential with a mix of agricultural, light industrial and commercial (CMWD 2019a). CMWD receives recycled water from reclamation plants within the Encina Wastewater Authority (EWA) service area. CMWD receives recycled water from three two reclamation plants: Carlsbad Water Recycling Facility (CWRF), and Meadowlark Water Reclamation Facility (WRF) and Gafner Water Reclamation Plant (WRP). CWRF has a permitted capacity of 7 mgd, and Meadowlark WRF has a permitted capacity of 5 mgd, and the Gafner WRP has a permitted capacity of 1 mgd, for a total capacity of 1312 mgd. Using the baseline year of 2014, the recycled water system demand for the Recycled Water Master Plan Update is approximately 4,650 AFY or 4.1 mgd. Assuming a peaking factor of 1.7 for maximum month, required WRF supplies would be approximately 7 mgd. CMWD is currently operating at about two-thirds capacity of their potential recycled water supplies. CMWD has sufficient available supply capacities, under its current agreements and assuming CMWD continues to purchase up to 3 mgd from VWD, to reliably meet existing and future demands of the recycled water system (CMWD 2019b). Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-27 Pages 4.4-26 through 4.14-27 under Impact UTIL-1 have been revised as follows: Wastewater Carlsbad is served by existing city wastewater conveyance facilities, including local sewer collection lines and trunk sewer lines. Development facilitated by the project may require increasing the size of existing facilities, installation of additional sewer mains, and new lateral connections on or adjacent to the rezone sites. Future development on the rezone sites would be required to prepare sewer studies based on the demand generated by the proposed number of units. Potential hydraulic impacts to the existing sewer collection system are required to be assessed by the developer and subject to reviewed by the city’s Public Works Utilities Department, who would determine what upgrades would be needed. Future projects would be required to complete improvements as determined by Public Works staff the Utilities Department. Particular attention is brought to, but not limited to, the development sites listed below: Sites 1 (North County Plaza) and 2 (The Shoppes at Carlsbad): These sites would be served by the Vista/Carlsbad Interceptor Sewer in which Carlsbad has capacity rights of approximately 10% of pipe-full capacity. The sewer pipe segment located west of El Camino Real is identified as deficient in capacity for future city of Vista sewer flows and is planned for upsizing in Carlsbad and Vista sewer master plans. The proposed housing unit yield and associated sewer demands will require evaluation for potential hydraulic impacts and the need for additional sewer capacity. Site 6 – Crossings Golf Course Lot 5: The site is adjacent to an abandoned collector sewer. Sewer service to this site will require recommissioning of the abandoned sewer and the flow must be conveyed to either the Buena Interceptor Sewer or the Vallecitos Interceptor Sewer via a new connection. The addition of sewer demand to these interceptor sewers is subject to available capacity and requires the approval of the Buena Sanitation District or the Vallecitos Water District. These agencies may reserve existing available capacity for their future sewer demands. Site 8 – Cottage Row Apartments: The proposed unit yield represents a 354% increase in the existing permitted unit yield. Sewer flows from this site must be conveyed to either the Buena Interceptor Sewer or the Vallecitos Interceptor Sewer. The addition of sewer demand to these interceptor sewers is subject to available capacity and may require the approval of the Buena Sanitation District or the Vallecitos Water District. These agencies may reserve existing available capacity for their future sewer demands. Site 9 – West Oaks Industrial. Sewer flows from this site must be conveyed to either the Buena Interceptor Sewer or the Vallecitos Interceptor Sewer. The addition of sewer demand to these interceptor sewers is subject to available capacity and requires the approval of the Buena Sanitation District or the Vallecitos Water District. These agencies may reserve existing available capacity for their future sewer demands. Site 16 – Caltrans Maintenance Station/Pacific Sales: The proposed net increase of 182 units and associated sewer demand requires evaluation of potential hydraulic impacts in the sewer collection system. Sewer flows from this site must be conveyed to either the Buena Interceptor Sewer or the Vallecitos Interceptor Sewer. The addition of sewer demand to these interceptor sewers is subject to available capacity and may require the approval of the Buena Sanitation City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-28 District or the Vallecitos Water District. These agencies may reserve existing available capacity for their future sewer demands. Site 18 – North Ponto Parcels: This site is not currently served by a public sewer collection system and new sewer collection facilities must be constructed. Site 19 – La Costa Glen/Forum: This site is served by the Leucadia Wastewater District. The addition of sewer demand is subject to available capacity and the approval of the Leucadia Wastewater District. As with water facilities, sewer line extensions necessary to serve the future development would generally be installed within the already disturbed rights-of-way of existing roads or within the disturbance footprints of such projects. As such, the construction of these infrastructure improvements would not substantially increase the project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout this SEIR. The project would result in an increase in wastewater generation relative to existing conditions. Wastewater generated by future development would be treated at the Encina Wastewater Authority in Carlsbad, which has a design total treatment capacity of 40.5 mgd, and a remaining available capacity of 17.5 mgd. The City of Carlsbad owns 25.33 percent (10.26 mgd) of the total treatment capacity of the plant. Carlsbad’s annual average daily flow for Fiscal year 2022-23 was recorded at 6.22 mgd, providing 4.04 mgd of available capacity. Based on a wastewater generation rate of 200 gallons per equivalent dwelling unit per day (City of Carlsbad 2023a), development under the project would generate a gross increase of approximately 659,000 gallons, or 0.66 mgd, average daily flow of wastewater (200 gallons per residential unit per day x 3,295 units). This analysis conservatively assumes all project-generated wastewater would be new wastewater generation and does not account for wastewater generation associated with existing development that would be demolished to accommodate new residential units. Table 4.14-2 summarizes the Carlsbad’s available capacity at the Encina Wastewater Authority and the percentage used by anticipated project wastewater generation based on average daily flow conditions. As shown therein, the project’s gross increase in wastewater generation would comprise approximately 4 percent of the Encina Wastewater Authority’s total remaining available wastewater treatment capacity and approximately 16 percent of Carlsbad’s remaining capacity rights.1 Even during peak flow conditions, where wastewater generation associated with development on the rezone sites could be up to 1.7 mgd (based on calculations from the City’s Public Works Department), this could be accommodated within the 17.5 mgd of remaining available capacity. 1 0.4 mgd / 17.5 mgd x 100 = 4percent Revisions to the Draft SEIR Final Supplemental Environmental Impact Report 3-29 Table 4.14-2 Wastewater Treatment Plant Capacity Encina Wastewater Authority Total Treatment Plant Capacity Total Average Daily Treatment 23 MGD Total Capacity1 40.5 MGD Total Remaining Available Capacity 17.5 MGD Project Wastewater Generation - Average Flow2 0.7 MGD Percent of Total Remaining Available Capacity Used by Project – Average Flow 4% City of Carlsbad Treatment Plant Capacity City of Carlsbad Daily Treatment Capacity Ownership 10.26 MGD (25.33%) City of Carlsbad Average Annual Daily Flow FY 22-23 6.22 MGD City of Carlsbad Remaining Capacity Available – Average Flow 4.04 MGD Project Wastewater Generation - Average Flow2 0.7 MGD City of Carlsbad Percentage of Remaining Capacity Used by Project – Average Flow 16% mgd = million gallons per day 1 The current design treatment capacity of the Encina Wastewater Authority is 40.5 mgd. 2 Reasonably foreseeable development under the project would generate a net increase in average daily flow of approximately 659,000 gallons, or 0.7 mgd (200 gallons per residential unit per day x 3295 units). Sources: Encina Wastewater Authority 2021 Therefore, the Encina Wastewater Authority would have adequate capacity to serve development under the project. In addition, development would be responsible for constructing on and offsite improvements to wastewater conveyance systems and paying standard sewer connection fees, as necessary. Individual developments would be required to prepare site specific sewer studies to reflect actual development conditions which would be reviewed by the city and the applicable wastewater providers to determine if sufficient sewer capacity exists to serve the additional population that would be generated by the future projects. The city will continue to coordinate with the wastewater districts to ensure that new development, when proposed, would not exceed the capacity of wastewater conveyance and treatment facilities, and that new development would pay development fees to increase capacity of those facilities. Furthermore, as was found in the 2015 General Plan EIR, development would be subject to 2015 General Plan policies related to the provision of adequate wastewater services and facilities. Therefore, although the project may involve some infrastructure improvements to serve individual rezone sites, the project would not result in the relocation or construction of new or expanded wastewater facilities such that significant environmental effects beyond those already identified throughout this SEIR would occur. Impacts to wastewater would be less than significant. City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-30 Section 6, Alternatives Page 6-10 has been revised as follows: d. Cultural and Tribal Cultural Resources Implementation of Alternative 2 would involve less ground disturbance than would occur under the proposed project due to the removal of rezone sites 3, 8, and 15. Under this alternative, density at rezone sites 14 and 17 would be increased and result in a net increase of 43 units compared to the proposed project, but ground disturbance would not change substantially as compared to the proposed project. Therefore, the potential to impact known and unknown cultural resources would be the same as compared to the proposed project. Because this alternative would include fewer development sites than the proposed project and would exclude site 15 located within the Carlsbad Village Historic District, potential impacts to historic structures would also be slightly decreased. However, since Alternative 2 would continue to develop site 14 which is located within the Carlsbad Village Historic District and in proximity to locally significant properties, impacts would remain significant and unavoidable. The potential to disturb tribal cultural resources, including ancestral remains and sacred sites, would be similar under this alternative as compared to the proposed project as ground disturbance would not change substantially compared to the proposed project. Similarly, impacts related to unknown tribal cultural resources would remain less than significant with incorporation of Mitigation Measure CUL-1. Alternative 2, like the proposed project, would result in greater levels of ground disturbance compared to the 2015 General Plan EIR due to the inclusion of the rezoning sites than that analyzed in the 2015 General Plan EIR. However, overall, impacts related to cultural and tribal cultural resources would be similar under this alternative than what could occur as a result of proposed project but would be greater than the impacts analyzed in the 2015 General Plan EIR. CEQA Implications for Changes to the Proposed Project Final Supplemental Environmental Impact Report 4-1 CEQA Implications for Changes to the Proposed Project This chapter provides a discussion of the CEQA implications of potential changes to the project that have been made after circulation of the Draft SEIR. 4.1 Project Changes and Clarifications Proposed project changes include adding two parcels to Site 2: Assessor Parcel Number (APN) 156- 302-14 and 156-302-17. Site 2 encompasses the parking lots for The Shoppes at Carlsbad mall and a North County Transit District transit station. APN 156-302-14 is part of The Shoppes parking lot, located southwest of loading dock for the Macy’s and is approximately 0.23 acres in size. APN 156- 302-17 is located south of Marron Road, is currently developed with surface parking (parking associated with Escape to VR), is approximately 0.1 acre in size. Overall, Site 2 would remain approximately 57 acres in size. These added parcels are within the boundaries of the Westfield Carlsbad Specific Plan area. Incorporating these parcels is not intended to increase housing capacity but simply to more accurately reflect parcels involved in Site 2. It should also be noted that the Draft SEIR provides a conservative estimate of buildout. The Draft SEIR assumes an increase of 107 units at Site 14 (Village Coaster) and 73 units at Site 17 (Poinsettia Coaster). These unit increases reflect City Council direction to increase the assumed number of units counted at these two sites. Therefore, the total buildout of 3,295 units reported for the project results from counting all sites plus the additional units on the Coaster sites. Table 2-4 acknowledges this in the footnotes for both sites. As explained in footnotes 3 and 4, the City Council has directed the study of two different proposed unit yields for these sites. For Site 14, the analysis assumes 107 units as a conservative estimate and for Site 17, the analysis assumes a total of 100 units (an increase of 73) units as a as a conservative estimate. Further, the proposed project now involves only rezoning a portion of Site 18. A private development application with 86 units (FPC Residential, SDP 2022-0003) has been approved on the portion of Site 18 north of Ponto Drive (APNs 214-160- 25, 214-160-28 and 214-171-11). Accordingly, the rezoning proposed as part of Site 18 would affect only the portion of the site south of Ponto Drive that consists of five vacant parcels (APNs 216-010- 01 to 05) totaling slightly more than one acre. Unit yield from the reduced site area if rezoned would be 22 units instead of 50 units as analyzed in the Draft SEIR. Therefore, the assumed buildout for Site 18 is also conservative. The reduction in density and intensity of the potential development of Site 18 is immaterial to the EIR and does not affect the analysis or conclusions in the EIR. 4.2 Environmental Implications Because incorporating these parcels is not intended to increase capacity but simply to more accurately reflect parcels involved in the project, the change in boundary for Site 2 would not change the projected overall buildout. With this change, the unit yield for Site 2 is still anticipated to be 993 units and the overall buildout under the project would still be 3,295 units, as shown on Table 2-4 in Chapter 3, Revisions to the Draft SEIR, of this document. The Draft SEIR determined that the environmental impacts of the proposed project would be less than significant or could be reduced to below a level of significance with proposed mitigation 4 City of Carlsbad Housing Element Implementation and Public Safety Element Update 4-2 measures for most of the topical areas studied. Impacts related to air quality, cultural resources, greenhouse gas emissions, construction noise, and VMT, and cumulative impacts for these issue areas, were found to be significant and unavoidable. Overall, the proposed change to add two parcels would not change the objectives and goals of the proposed project, would not change the allowed uses under the proposed project, and would not increase the buildout assumptions analyzed in the Draft SEIR. These parcels are currently developed with surface parking lots and do not contain sensitive habitats or other environmental resources. Therefore, the proposed project changes provides factual background information and do not raise an environmental issue within the meaning of CEQA and would not affect the findings and conclusions of the Draft SEIR with respect to aesthetics, agriculture and forestry resources, biological resources, cultural and tribal cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, public services, recreation, transportation, or utilities and service systems. Those impacts would remain less than significant, less than significant with mitigation, or in the case of project and cumulative air quality, cultural resources, greenhouse gas emissions, construction noise, and VMT impacts, significant and unavoidable. The changes do not raise important new issues about significant effects on the environment. Such changes are insignificant as the term is used in Section 15088.5(b) of the California Environmental Quality Act (CEQA) Guidelines. Therefore, no impacts beyond those identified in the SEIR would occur. No substantial revisions to the SEIR are required and therefore, pursuant to CEQA Guidelines section 15088.5 recirculation of the SEIR is not warranted. Appendix A Mitigation Monitoring and Reporting Program Explanation of Headings Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. Legend PLN Planning Division ENG Land Development Engineering Division BLDG Building Division Page 1 of 22 Mitigation Monitoring and Reporting Program PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NO: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 2023- 0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012 and EIR 2022-0007 (PUB 2022-0010) APPROVAL DATE/RESOLUTION NUMBER(S): California Public Resources Code Section 21081.6 requires that, upon certification of an EIR, “the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.” This chapter contains the mitigation monitoring and reporting program (MMRP) that has been developed for the Housing Element Implementation and Public Safety Element. This MMRP has been developed in compliance with Public Resources Code Section 21081.6 and Section 15097 of the CEQA Guidelines. The City must adopt this MMRP, or an equally effective program, if it approves the proposed project with the mitigation measures that were adopted or made conditions of project approval. The ability to mitigate significant environmental impacts or lessen the significance of environmental impacts are a key focus of CEQA. According to CEQA Guidelines Section 15126.4(a)(2), “Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design.” Therefore, to be sure that all the environmental commitments identified in this document are executed at the appropriate times for land development projects that implement the Housing Element Rezoning Program, the following mitigation measures would apply to those projects that are reviewed through discretionary process AND projects that are reviewed under a streamlined, ministerial approval process to ensure that the commitments contained in this MMRP are fulfilled. All mitigation measures included are programmatic in nature. The specific rezone sites each mitigation measure applies to is notes in the “applicable rezone sites” column below. 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). C cityof Carlsbad PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 2 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s AQ-1 Housing Forecast Revisions. Prior to the next update of the Regional Housing Needs Assessment and within six months of the certification of the Final SEIR, the City Planner shall provide a revised housing forecast to SANDAG to ensure that any revisions to the population and employment projections used by SDAPCD in updating the RAQS and the SIP will accurately reflect anticipated growth due to the proposed project. All Rezone Sites Project PLN AQ-2 Operational Emissions Reductions. During the project design and project- level review phases of development projects at the 18 rezone sites, the city shall require each project to determine operational air quality emissions from the project. For projects that exceed regulatory SDCAPCD thresholds, mitigation shall be implemented to reduce impacts to below the regulatory thresholds or to the maximum extent feasible implementing all feasible mitigation. The following represents some measures aimed at reducing air pollutant emissions from operational sources. This is not an exhaustive list of measures, and individual projects shall incorporate measures that best fit each project design.  Use architectural coating materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or have a low-VOC content (below 10 grams per liter). Where such VOC coatings are not available or feasible, the coating with the lowest VOC rating available shall be used. These measures shall be noted on all construction plans, and the city shall perform periodic site inspections during construction to verify compliance.  Prohibit the installation of woodstoves, hearths, and fireplaces in new construction facilitated by the proposed project.  Expand and facilitate completion of planned networks of active transportation infrastructure.  Implement EV charging infrastructure beyond requirements set forth in the 2022 CalGreen mandatory measures. Such requirements would be equivalent to the Tier 2 voluntary measures set forth in the 2022 CalGreen standards.  Implement traffic demand measures, such as unbundling parking fees from rent/lease options, encouraging/developing a ride-share program for the community, and provide car/bike sharing services, that will reduce daily individual car usage and reduce project VMT All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 3 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s AQ-3 Construction Health Risk Assessment. For individual projects (excluding ADUs, single-family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize a fleet comprised of strictly EPA rated Tier 4 engines and/or alternative fuel construction equipment, it is required that a construction health risk assessment (HRA) be performed. The construction health risk shall be performed by a qualified air quality consultant coordinated through the City. The HRA shall be conducted following the Office of Environmental Health Hazards Association’s (OEHHA) 2015 Health Risk Guidelines (OEHHA 2015) and SDAPCD guidelines to determine potential risk and compare the risk to the following SDAPCD thresholds:  Increased cancer risk of > 10.0 in a million;  Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment are recommended to reduce the risk to appropriate levels. The incorporation of Tier 4 and/or alternative fuel construction equipment reduces the emissions of DPM from construction activities and therefore reduces the potential risk to nearby sensitive receptors. All Rezone Sites where construction is within 1000 feet of sensitive receptors, will last longer than two months, and would not use Tier 4 engines. Project PLN AQ-4 Operational Health Risk Assessment. Consistent with the provisions contained in the California Air Resources Board Air Quality and Land Use Handbook, future development projects occurring on Site 2, Site 5, or Site 16 under the proposed project should implement the following: Project applicants shall retain a qualified air quality consultant to prepare a health risk assessment (HRA) in accordance with the CARB and the Office of Environmental Health and Hazard Assessment requirements to determine the exposure of nearby sensitive receptors to emission sources resulting from the project. The HRA shall be submitted to the City of Carlsbad for review and approval. Project applicants shall implement the approved HRA recommendations to any nearby sensitive receptor, if any. Such measures may include, but are not limited to:  Install, operate, and maintain in good working order a central heating and ventilation system or other air take system in the building of a sensitive receptor that would be impacted by the project, or in each Sites 2, 5, and 16 Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 4 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s individual residential unit, that meets the efficiency standard of the minimum efficiency reporting value of 13. The heating and ventilation system should include the following features: installation of a high-efficiency filter and/or carbon filter to minimize particulate and other airborne chemical matter from entering the building. Either high-efficiency particulate absorption filters or American Society of Heating, Refrigeration, and Air-Conditioning Engineers 85 percent supply filters should be used.  Ensure that positive pressure occurs in the building.  Achieve a performance standard of at least one air exchange per hour of fresh outside filtered air.  Achieve a performance standard of at least four air exchanges per hour of recirculation.  Achieve a performance standard of 0.25 air exchanges per hour of unfiltered infiltration if the building is not positively pressurized. BIO-1 Biological Resources Technical Report. For development projects at Sites 1- 4, 6-9, 17-19 that require vegetation removal, ground disturbance of unpaved areas, parking or staging of equipment or material on unpaved areas, access routes on unpaved areas, or any rehabilitation or construction staging within 100 feet of the property line (except for landscaped developed areas) that contain or have the potential to support special-status species, sensitive habitat, or suitable habitat to support special-status species, prior to the issuance of a grading permit, the applicant shall retain a qualified biologist to conduct a biological resources reconnaissance of the site, consistent with the requirements of General Plan Policy 4-P.9 and the HMP Guidelines for Biological Studies. All future projects shall be consistent with the HMP and the technical report shall include a consistency analysis, including compliance with the narrow endemic standards (MHCP Volume 1, Section 3.7 No. 5, and HMP Section D-6 for TLB, VP species) and special species standards (HMP Section D-6 for LBV and Harb Dun Skipper). The Biological Resources Technical Report shall address the presence/absence of suitable habitat for special-status plant and wildlife species, and any additional protocol surveys that may be needed to determine the potential presence/absence of special status species, sensitive plant communities and wetlands, and other special status biological resources protected under the Sites 1-4, 6-9, and 17-19 Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 5 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s HMP. The report will further propose avoidance, minimization, and mitigation measures, consistent with HMP requirements, necessary to reduce potential impacts to special-status biological resources to less than significant. BIO-2 Pre-Construction Bird Surveys, Avoidance, and Notification. If construction activities are initiated during the bird nesting season (February 1 – August 31) involving removal of vegetation or other nesting bird habitat, including abandoned structures and other man-made features, a pre-construction nesting bird survey shall be conducted no more than three days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot and shall include a 300-foot survey buffer around the construction site. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California coastal communities (i.e., qualified biologist). If active nests are found, an avoidance buffer shall be determined by a qualified biologist in coordination with the city. The avoidance buffer width will depend upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, which shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the city prior to the commencement of construction activities. All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 6 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s BIO-3 Habitat Buffers. For projects where native habitat may be present (specifically Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, and 19) and if development cannot avoid native habitat, prior to the issuance of a grading permit, a qualified biologist shall be retained by the project applicant to conduct a vegetation community survey of the site. The qualified biologist shall map the extent of vegetation communities on the project site plus 100 feet and report on the findings. This survey and report can be combined with BIO-1, Biological Resources Technical Report. The report shall confirm potential impacts to riparian and wetland habitat have been sufficiently avoided or minimized to reduce impacts to less than significant. Housing development at any of the sites containing riparian or wetland habitat shall adhere to the HMP Guidelines for Riparian and Wetland Buffers. Housing developments at any of the sites within the coastal zone shall adhere to the upland and wetland buffer requirements pursuant to the HMP coastal zone standards. The Biological Resources technical report shall include a figure showing all required upland, riparian and wetland buffers. Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, and 19 Project PLN BIO-4 Habitat impact Mitigation. For projects that will require mitigation through restoration of sensitive upland natural communities (e.g. coastal sage scrub) or wetland habitat, including streams, riparian, and other water bodies, specifically Sites 1, 2, 4, 6, 8, 9, 17, 18, and 19, mitigation through restoration, creation, or enhancement of in-kind habitats shall be implemented in accordance with ratios identified in the HMP (Table 11 and coastal zone standards Section D-7) and an approved mitigation plan. Prior to the issuance of grading permits, the applicant shall prepare and submit a Conceptual Restoration/Mitigation Plan (CRMP) consistent with the HMP Components of a Conceptual Restoration/Mitigation Plan and Guidelines for Habitat Creation and Restoration. The CRMP will provide the framework for compensating for impacts to sensitive riparian and coastal sage scrub habitat at a ratio consistent with HMP Table 11 and coastal zone standards. Sites 1, 2, 4, 6, 8, 9, 17, 18, and 19 Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 7 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s BIO-5 Agency Coordination For projects on sites within potential jurisdictional features, including Sites 1, 2, 4, 9, and 17, permits, agreements, and/or water quality certifications from applicable state and federal agencies regarding compliance with state and federal laws governing work within jurisdictional features are required for submission to the city of Carlsbad with the grading permit application for the project. The project applicant shall satisfy all mitigation requirements of the above agencies. The applicant shall provide such permits and/or agreements prior to issuance of a grading permit. Sites 1, 2, 4, 9, and 17 Project PLN BIO-6 Protected Tree and Tree Canopy Survey. Prior to the issuance of a grading permit, a tree survey shall be conducted by a certified arborist prior to project construction to tag and assess all trees subject to the city’s Trees and Shrubs Ordinance (Municipal Code Title 11.12) and/or CFMP. A city arborist will inspect the property and recommend approving or denying the application in a written report submitted to the city manager. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a prominent location, visible from a public street and will include, the location of the tree, the reason for the trees removal, the date of the scheduled removal, the species of tree to be replanted, the size of the tree to be replanted, the date by which an appeal must be made to the parks and recreation commission, and a description of the appeal process. The following measures shall be implemented in addition to those required under the city’s permits required for tree removal and maintenance ordinance Guidelines (Municipal Code Title 11.12.090) to avoid and/or compensate for potential indirect impacts to preserved sensitive natural communities and protected trees within Carlsbad before, during, and following construction activities. Pre-Construction  Fencing. Protective fencing at least three feet high with signs and flagging shall be erected around all preserved sensitive natural communities where adjacent to proposed vegetation clearing and grubbing, grading, or other construction activities. The protective fence shall be installed at a minimum of five feet beyond the tree canopy dripline. The intent of protection fencing is to prevent inadvertent All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 8 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s limb/vegetation damage, root damage and/or compaction by construction equipment. The protective fencing shall be depicted on all construction plans and maps provided to contractors and labeled clearly to prohibit entry, and the placement of the fence in the field shall be approved by a qualified biologist prior to initiation of construction activities. The contractor shall maintain the fence to keep it upright, taut and aligned at all times. Fencing shall be removed only after all construction activities are completed.  Pre-Construction Meeting. A pre-construction meeting shall be held between all site contractors and a registered consulting arborist and/or a qualified biologist. All site contractors and their employees shall provide written acknowledgement of their receiving sensitive natural community protection training. This training shall include, but shall not be limited to, the following information: (1) the location and marking of protected sensitive natural communities; (2) the necessity of preventing damage to these sensitive natural communities; and (3) a discussion of work practices that shall accomplish such. During Construction  Fence Monitoring. The protective fence shall be monitored regularly (at least weekly) during construction activities to ensure that the fencing remains intact and functional, and that no encroachment has occurred into the protected natural community; any repairs to the fence or encroachment correction shall be conducted immediately.  Equipment Operation and Storage. Contractors shall avoid using heavy equipment around the sensitive natural communities. Operating heavy machinery around the root zones of trees would increase soil compaction, which decreases soil aeration and, subsequently, reduces water penetration into the soil. All heavy equipment and vehicles shall, at minimum, stay out of the fenced protected zones, unless where specifically approved in writing and under the supervision of a registered consulting arborist and/or a qualified biologist.  Materials Storage and Disposal. Contractors shall not store or discard any construction materials within the fenced protected zones and shall remove all foreign debris within these areas. The contractors shall leave the duff, mulch, chips, and leaves around the retained trees for water retention and nutrient supply. Contractors shall avoid draining or PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 9 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s leakage of equipment fluids near retained trees. Fluids such as gasoline, diesel, oils, hydraulics, brake and transmission fluids, paint, paint thinners, and glycol (anti-freeze) shall be disposed of properly. The contractors shall ensure that equipment be parked at least 50 feet, and that equipment/vehicle refueling occur at least 100 feet, from fenced protected zones to avoid the possibility of leakage of equipment fluids into the soil.  Grade Changes. Contractors shall ensure that grade changes, including adding fill, shall not be permitted within the fenced protected zone without special written authorization and under supervision by a registered consulting arborist and/or a qualified biologist. Lowering the grade within the fenced protected zones could necessitate cutting main support and feeder roots, thus jeopardizing the health and structural integrity of the tree(s). Adding soil, even temporarily, on top of the existing grade could compact the soil further, and decrease both water and air availability to the tree roots. Contractors shall ensure that grade changes made outside of the fenced protected zone shall not create conditions that allow water to pond.  Trenching. Except where specifically approved in writing beforehand, all trenching shall be outside of the fenced protected zone. Roots primarily extend in a horizontal direction forming a support base to the tree similar to the base of a wineglass. Where trenching is necessary in areas that contain roots from retained trees, contractors shall use trenching techniques that include the use of either a root pruner (Dosko root pruner or equivalent) or an Air-Spade to limit root impacts. An International Society of Arboriculture (ISA) certified arborist or American Society of Consulting Arborists (ASCA) registered consulting arborist shall ensure that all pruning cuts shall be clean and sharp, to minimize ripping, tearing, and fracturing of the root system. Root damage caused by backhoes, earthmovers, dozers, or graders is severe and may ultimately result in tree mortality. Use of both root pruning and Air-Spade equipment shall be accompanied only by hand tools to remove soil from trench locations. The trench shall be made no deeper than necessary.  Erosion Control. Appropriate erosion control best management practices (BMPs) shall be implemented to protect preserved sensitive PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 10 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s natural communities during and following project construction. Erosion control materials shall be certified as weed free.  Inspection. An ISA certified arborist or ASCA registered consulting arborist shall inspect the preserved trees adjacent to grading and construction activity on a monthly basis for the duration of the grading and construction activities. A report summarizing site conditions, observations, tree health, and recommendations for minimizing tree damage shall be submitted by the registered consulting arborist following each inspection. Post-construction  Mulch. The contractors shall ensure that the natural duff layer under all trees adjacent to construction activities shall be maintained. This would stabilize soil temperatures in root zones, conserve soil moisture, and reduce erosion. The contractors shall ensure that the mulch be kept clear of the trunk base to avoid creating conditions favorable to the establishment and growth of decay causing fungal pathogens. Should it be necessary to add organic mulch beneath retained oak trees, packaged or commercial oak leaf mulch shall not be used as it may contain root fungus. Also, the use of redwood chips shall be avoided as certain inhibitive chemicals may be present in the wood. Other wood chips and crushed walnut shells can be used, but the best mulch that provides a source of nutrients for the tree is its own leaf litter. Any added organic mulch added by the contractors shall be applied to a maximum depth of 4 inches where possible.  Watering Adjacent Plant Material. All installed landscaping plants near the preserved sensitive natural communities shall require moderate to low levels of water. The surrounding plants shall be watered infrequently with deep soaks and allowed to dry out in between, rather than frequent light irrigation. The soil shall not be allowed to become saturated or stay continually wet, nor should drainage allow ponding of water. Irrigation spray shall not hit the trunk of any tree. The contractors shall maintain a 30-inch dry-zone around all tree trunks. An above ground micro-spray irrigation system shall be used in lieu of typical underground pop-up sprays.  Monitoring. An ISA certified arborist or ASCA registered consulting arborist shall inspect the trees preserved on the site adjacent to PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 11 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s construction activities for a period of two years following the completion of construction. Monitoring visits shall be completed quarterly, totaling eight visits. Following each monitoring visit, a report summarizing site conditions, observations, tree health, and recommendations for promoting tree health shall be submitted to the city. Additionally, any tree mortality shall be noted and any tree dying during the two year monitoring period shall be replaced at a minimum 3:1 ratio on-site in coordination with the city. BIO-7 HMP Minor Amendments. Prior to project approval at Site 4, 6, 7, 9 and 17, each project shall be analyzed for consistency with the HMP in coordination with responsible agencies including CDFW and USFWS. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP minor amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15 Sites 4, 6, 7, 9, and 17 Project PLN BIO-8 HMP Adjacency Standards. Projects within sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 shall evaluate potential indirect impacts, such as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat and species adjacent to the proposed development. Projects shall be consistent with the HMP Adjacency Standards (Section F-3). Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 Project PLN CUL-1 Tribal Cultural Resources. Projects subject to discretionary actions shall comply with the city's Tribal, Cultural, and Paleontological Resources Guidelines. For ministerial projects, the city shall provide Traditionally and Culturally Affiliated Luiseño tribes (“TCA Tribe”) with early notification and the opportunity to consult on development applications and identify and All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 12 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s assess impacts to tribal and cultural resources. Further, before commencement of any ground-disturbing activities, the project developer shall comply with the following requirements to ensure the appropriate response to the presence of any tribal and cultural resources: a. Retain the services of a qualified archaeologist who shall be on-site for ground-disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseño Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a TCA tribe. This agreement will address provision of a Luiseño Native American monitor and 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 will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and may include the following provisions. i. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, exploratory geotechnical investigations/borings for contractor bidding purposes, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. ii. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians or other Luiseño Tribe, 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. iii. The Luiseño Native American monitor shall be present at the project’s pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the archaeologist PI (principal PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 13 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s investigator) concerning the proposed archaeologist techniques and/or strategies for the project. iv. 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 earthmoving 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. v. 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 or other Luiseño tribe 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 or other Luiseño tribe shall be consulted regarding the drafting and finalization of any such recovery plan. vi. 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 or other Luiseño tribe for dignified and respectful treatment in accordance with their cultural and spiritual traditions. vii. 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) PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 14 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s 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, 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. viii. 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 archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. ix. 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 or other Luiseño tribe. x. Prior to the completion of project construction, 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 Project Archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval, and shall be submitted to the South Coastal Information Center. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. c. Furthermore, the Agreement may include additional measures mutually agreed upon by the project developer, city, and TCA Tribe such as evaluation of the project site’s pre-construction conditions for the PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 15 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s presence or potential presence of TCRs as well as other measures tailored to and deemed necessary for the specific project. GHG-1 Update City of Carlsbad Climate Action Plan. The City shall draft and City Council shall adopt an updated Climate Action Plan (CAP) within 12-18 months of adoption of this SEIR. An updated CAP shall include targets that reflect those set by SB 32 to reduce GHG emissions by 40 percent below the 1990 levels by 2030 and AB 1279 reduce GHG emissions by 85 percent below 1990 levels by 2045. Implementation measures in an updated CAP to achieve the 2030 and 2045 targets shall include measures such as, but are not limited to, the following:  Develop and adopt an updated building energy efficiency ordinance, or “reach code” for existing and proposed structures;  Expand charging infrastructure and parking for electric vehicles;  Implement carbon sequestration by expanding the urban forest; and,  Implement policies and measures included in the 2022 California Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations. As part of the updated CAP, the City shall establish CEQA GHG Emissions Thresholds of Significance and an updated CAP Consistency Checklist that are consistent with the updated CAP for use in future CEQA GHG emissions analyses through 2030 and consistent with SB 32. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA GHG emissions thresholds of significance and CAP Consistency Checklist to be consistent with each CAP update All Rezone Sites Ongoing PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 16 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s NOI-1 Construction Noise Reduction Measures. The following construction noise reduction measures shall be implemented during project construction:  Shielding and Silencing. Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with noise shielding and silencing devices consistent with manufacturer’s standards or the Best Available Control Technology. Equipment shall be properly maintained, and the project applicant or owner shall require construction contractors to keep documentation on-site during earthwork or construction activities demonstrating that the equipment has been maintained in accordance with manufacturer’s specifications.  Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed or screened from off-site noise-sensitive uses to the extent feasible. The equipment enclosure or screen shall be impermeable (i.e., solid material with minimum weight of 2 pounds per square feet) and break the line-of-sight from the equipment and off-site noise-sensitive uses.  Construction Staging Areas. Construction staging areas shall be located as far from noise-sensitive uses as reasonably feasible in consideration of site boundaries, topography, intervening roads and uses, and operational constraints.  Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios, including any on-site music, shall be controlled to a point that they are not audible at off-site noise-sensitive uses.  Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall not be used, except in locations where the underlying geology renders alternative methods infeasible, as determined by a soils or geotechnical engineer and documented in a soils report. All Rezone Sites for development projects that include one or more of the following components within 500 feet of a noise-sensitive land uses (e.g., residences, schools, libraries, hospitals):  Two subterranean levels or more (generally more than 20,000 cubic yards of excavated soil material);  Construction durations of 18 months or more (excluding interior finishing);  Use of large, heavy- duty equipment rated 300 horsepower or greater; or  The potential for pile driving. Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 17 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s  Temporary Sound Barriers. Temporary sound barriers, such as walls or sound blankets, shall be positioned between construction activities and noise-sensitive uses when construction equipment is located within a line-of-sight to and within 500 feet of the ground-floor exterior use areas of off-site noise-sensitive uses. Sound barriers shall break the line-of-sight between the construction noise source and the ground- floor exterior use area receiver where modeled levels exceed applicable standards. Placement, orientation, size, and density of acoustical barriers shall be specified by a qualified acoustical consultant.  Noise Complaint Response. Project applicants shall designate an on- site construction project manager who shall be responsible for responding to any complaints about construction noise. This person shall be responsible for responding to concerns of neighboring properties about construction noise disturbance and shall be available for responding to any construction noise complaints during the hours that construction is to take place. They shall also be responsible for determining the cause of the noise complaint (e.g., bad silencer) and shall require that reasonable measures be implemented to correct the problem. A toll-free telephone number and email address shall be posted in a highly visible manner on the construction site at all times and provided in all notices (mailed, online website, and construction site postings) for receiving questions or complaints during construction and shall also include procedures requiring that the on-site construction manager complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction and shall notify the city’s Community Development Director of each complaint occurrence.  Project-Specific Construction Noise Study. A Construction Noise Study shall be prepared by a qualified noise expert. The Construction Noise Study shall characterize sources of construction noise, quantify noise levels at noise-sensitive uses (e.g., residences, schools, churches, and hospitals) and identify measures to reduce noise exposure. The Construction Noise Study shall identify reasonably available noise reduction devices or techniques to reduce noise levels to acceptable levels and/or durations including through reliance on any relevant federal, state or local standards or guidelines or accepted industry PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 18 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s practices. Noise reduction devices or techniques may include but not be limited to silencers, enclosures, sound barriers, and/or placement of restrictions on equipment or construction techniques (e.g., alternative installation methods to pile driving such as cast-in-place systems or pile cushioning). Each measure in the Construction Noise Study shall identify anticipated noise reductions at noise-sensitive land uses. Project applicants shall be required to comply with all requirements listed above in addition to any additional requirements identified and recommended by the Construction Noise Study and shall maintain proof that notice of, as well as compliance with, the identified measures have been included in contractor agreements. NOI-2 Vibration Control Plan. For construction activities involving vibratory rollers within 50 feet of a structure or pile drivers (impact or sonic) within 140 feet of a structure, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods required to minimize vibration, including, but not limited to:  Alternative installation methods for pile driving (e.g., pile cushioning, drilled piles, cast-in-place systems) within 140 feet of a building to reduce impacts associated with seating the pile  Vibration monitoring prior to and during pile driving operations occurring within 140 feet of a building  Use of rubber-tired equipment rather than metal-tracked equipment  Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected extremely fragile buildings/historical resources and/or residential structures. The survey letter shall determine conditions that exist prior to the commencement of construction activities for use in evaluating potential damages caused by construction. Fixtures and finishes susceptible to damage shall be documented photographically and in writing prior to construction. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer shall issue a follow-up letter All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 19 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s describing damage, if any, to impacted buildings and structures. The letter shall include recommendations for any repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24). A Statement of Compliance signed by the applicant and owner shall be submitted to the city’ Building and Safety Division at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above shall be documented by a qualified structural engineer, and shall be provided to the city upon request. T-1 Achieve VMT Reductions for Development Projects. During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall review each project compared to the City of Carlsbad VMT Analysis Guidelines screening criteria to determine if the submitted project is eligible to be screened out of conducting project-level VMT analysis. If a project meets one or more of the screening criteria, the project is determined to have a less than significant impact to VMT in accordance with the city’s VMT Analysis Guidelines. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. If it is determined that the project would have a significant impact on VMT (i.e., it does not result in at least a 15 percent reduction in VMT compared to existing conditions), the city shall require the project to implement project-level VMT reduction measures, as noted below, prior to project approval and issuance of construction permits. Transportation Demand Management (TDM) measures and physical measures to reduce VMT are outlined in the City’s VMT Analysis Guidelines and have been identified as potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The CAPCOA Handbook provides detailed requirements, calculation steps, and limitations for assessing the VMT reduction effectiveness of each measure, including reductions from combinations of measures. All Rezone Sites Project PLN PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 20 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s Trip reduction strategies may include, but are not limited to, the following: Provision of bus stop improvements or on-site mobility hubs Pedestrian improvements, on-site or off-site, to connect to nearby transit stops, services, schools, shops, etc. Bicycle programs including bike purchase incentives, storage, maintenance programs, and on-site education program Enhancements to the citywide bicycle network Parking reductions and/or fees set at levels sufficient to incentivize transit, active transportation, or shared modes Cash allowances, passes, or other public transit subsidies and purchase incentives Providing enhanced, frequent bus service Implementation of shuttle service Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT generated by residents include increasing the mix of uses by adding retail or services within a site or within convenient walking distance.1 Although it is unlikely that TDM measures will fully mitigate the impact of the program to a less-than-significant level, CEQA mandates the implementation of feasible mitigation measures to reduce a project or program's level of impact. In this context, Fehr & Peers identified a list of recommended TDM measures from Appendix E of the city's VMT Analysis Guidelines to mitigate the project VMT impact to the extent feasible as presented in Table 4.13-3. The summary provides an estimate of the effectiveness of these measures and specifies which ones are applicable to areas that have adjacent or near transit. 1. 2. 3. 4. 5. 6. 7. 8. PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 21 of 22 MITIGATION MEASURE Applicable Rezone Sites Mo n i t o r i n g T y p e Mo n i t o r i n g De p a r t m e n t Sh o w n o n P l a n s Ve r i f i e d Im p l e m e n t a t i o n Re m a r k s Table 4.13-1 TDM Measures for Rezone Sites in Carlsbad Measures Maximum Percent Reduction in VMT1 Applicable to Sites Adjacent to or Near Transit Implement Commute Trip Reduction Marketing 4% - Implement Subsidized or Discounted Transit Program 5.50% Yes Provide Ridesharing Program 8% - Integrate Affordable and Below Market Rate Housing (Construct the affordable housing at the city’s requirement, no payment of in lieu fees) Approx. 4% if meeting city’s requirement. 28.60% if 100% affordable - Provide Bike Parking Not Quantified - Improve Transit Access, Safety, and Comfort Not Quantified Yes Provide Bike Parking Near Transit Not Quantified Yes Orient Project Toward Non-Auto Corridor Not Quantified Yes Source: City of Carlsbad Vehicle Miles Traveled (VMT) Analysis Guidelines, 2022; Fehr & Peers, 2023 Individual rezone sites (if their location based on the TAZ exceeds the city’s VMT threshold) should include all feasible mitigation measures from Table 4.13-3. Projects that are within a half mile of a transit stop should incorporate the measures that are applicable to encouraging transit. PROJECT NAME: Housing Element Implementation and Public Safety Element Update PROJECT NUMBER: GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/EIR 2022-0007 (PUB2022-0010) Mitigation Monitoring and Reporting Program Page 22 of 22 This page intentionally left blank. Attachment B Housing Element Implementation and Public Safety Element Update - Draft EIR (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 20 of 157 Housing Element Implementation and Public Safety Element Update Draft Supplemental Environmental Impact Report prepared by City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Contact: Scott Donnell, Senior Planner prepared with the assistance of Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 July 2023 Attachment B r RINCON CONSULTANTS, INC. Environmental Scientists I Planners I Engineers rinconconsultants.com Housing Element Implementation and Public Safety Element Update Draft Supplemental Environmental Impact Report prepared by City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Contact: Scott Donnell, Senior Planner prepared with the assistance of Rincon Consultants, Inc. 2215 Faraday Avenue, Suite A Carlsbad, California 92008 July 2023 r RINCON CONSULTANTS, INC. Environmental Scientists I Planners I Engineers rinconconsultants.com This report prepared on 50% recycled paper with 50% post-consumer content. Table of Contents Supplemental Environmental Impact Report i Table of Contents Executive Summary ...........................................................................................................................ES-1 Project Synopsis .........................................................................................................................ES-1 Alternatives ................................................................................................................................ES-2 Areas of Known Controversy .....................................................................................................ES-2 Issues to be Resolved .................................................................................................................ES-3 Issues Not Studied in Detail in the EIR .......................................................................................ES-3 Summary of Impacts and Mitigation Measures ........................................................................ES-3 1 Introduction ................................................................................................................................ 1-1 1.1 Overview of Previous EIR ................................................................................................ 1-1 1.2 Basis for a Supplemental EIR ........................................................................................... 1-1 1.3 Project Requiring Environmental Analysis ...................................................................... 1-3 1.4 Purpose and Legal Authority ........................................................................................... 1-3 1.5 Documents Incorporated by Reference .......................................................................... 1-5 1.6 Public Review and Participation Process ........................................................................ 1-5 1.7 SEIR Content .................................................................................................................... 1-9 1.8 Scope of this SEIR .......................................................................................................... 1-10 1.9 Baseline and Approach for Impact Analysis .................................................................. 1-11 1.10 Lead, Responsible, and Trustee Agencies ..................................................................... 1-11 1.11 Environmental Review Process ..................................................................................... 1-11 2 Project Description ..................................................................................................................... 2-1 2.1 Project Proponent and Lead Agency ............................................................................... 2-1 2.2 Project Location .............................................................................................................. 2-1 2.3 Background ..................................................................................................................... 2-4 2.3.1 Land Use and Zoning Designations ................................................................. 2-4 2.4 Project Characteristics .................................................................................................... 2-8 2.4.1 Legislative Requirements ................................................................................ 2-8 2.4.2 Objectives of the General Plan ....................................................................... 2-8 2.4.3 Proposed Amendments to the General Plan .................................................. 2-9 2.4.4 Objectives of the Zoning Ordinance and Zoning Map .................................. 2-20 2.4.5 Amendment to Zoning Ordinance ................................................................ 2-20 2.4.6 Amendment to Local Coastal Program ......................................................... 2-20 2.4.7 Amendment to Master and Specific Plans ................................................... 2-21 2.4.8 Anticipated Growth ...................................................................................... 2-21 2.5 Project Objectives ......................................................................................................... 2-22 2.6 Required Approvals ....................................................................................................... 2-22 2.7 California Native American Tribal Consultation ............................................................ 2-24 3 Environmental Setting ................................................................................................................ 3-1 3.1 Regional Setting .............................................................................................................. 3-1 3.2 Rezone Sites Setting ........................................................................................................ 3-1 3.3 Cumulative Projects Setting ............................................................................................ 3-3 4 Environmental Impact Analysis .................................................................................................. 4-1 4.1 Aesthetics ..................................................................................................................... 4.1-1 City of Carlsbad Housing Element Implementation and Public Safety Element Update ii 4.1.1 Setting .......................................................................................................... 4.1-1 4.1.2 Regulatory Setting ....................................................................................... 4.1-2 4.1.3 Impact Analysis ............................................................................................ 4.1-7 4.2 Air Quality .................................................................................................................... 4.2-1 4.2.1 Setting .......................................................................................................... 4.2-1 4.2.2 Regulatory Setting ....................................................................................... 4.2-6 4.2.3 Impact Analysis .......................................................................................... 4.2-10 4.3 Biological Resources ..................................................................................................... 4.3-1 4.3.1 Setting .......................................................................................................... 4.3-1 4.3.2 Regulatory Setting ..................................................................................... 4.3-12 4.3.3 Impact Analysis .......................................................................................... 4.3-19 4.4 Cultural and Tribal Cultural Resources ......................................................................... 4.4-1 4.4.1 Cultural Setting ............................................................................................ 4.4-1 4.4.2 Regulatory Setting ....................................................................................... 4.4-6 4.4.3 Existing Conditions ..................................................................................... 4.4-14 4.4.4 Impact Analysis .......................................................................................... 4.4-20 4.5 Geology and Soils ......................................................................................................... 4.5-1 4.5.1 Setting .......................................................................................................... 4.5-1 4.5.2 Regulatory Setting ..................................................................................... 4.5-12 4.5.3 Impact Analysis .......................................................................................... 4.5-16 4.6 Greenhouse Gas Emissions .......................................................................................... 4.6-1 4.6.1 Setting .......................................................................................................... 4.6-1 4.6.2 Regulatory Setting ....................................................................................... 4.6-5 4.6.3 Impact Analysis .......................................................................................... 4.6-14 4.7 Hazards and Hazardous Materials ............................................................................... 4.7-1 4.7.1 Setting .......................................................................................................... 4.7-1 4.7.2 Regulatory Setting ....................................................................................... 4.7-4 4.7.3 Impact Analysis .......................................................................................... 4.7-14 4.8 Hydrology and Water Quality ...................................................................................... 4.8-1 4.8.1 Setting .......................................................................................................... 4.8-1 4.8.2 Regulatory Setting ....................................................................................... 4.8-8 4.8.3 Impact Analysis .......................................................................................... 4.8-15 4.9 Land Use and Planning ................................................................................................. 4.9-1 4.9.1 Setting .......................................................................................................... 4.9-1 4.9.2 Regulatory Setting ....................................................................................... 4.9-2 4.9.3 Impact Analysis .......................................................................................... 4.9-10 4.10 Noise .......................................................................................................................... 4.10-1 4.10.1 Setting ........................................................................................................ 4.10-1 4.10.2 Regulatory Setting ................................................................................... 4.10-12 4.10.3 Impact Analysis ........................................................................................ 4.10-17 4.11 Population and Housing ............................................................................................. 4.11-1 4.11.1 Setting ........................................................................................................ 4.11-1 4.11.2 Regulatory Setting ..................................................................................... 4.11-1 4.11.3 Impact Analysis .......................................................................................... 4.11-5 4.12 Public Services and Recreation .................................................................................. 4.12-1 4.12.1 Setting ........................................................................................................ 4.12-1 4.12.2 Regulatory Setting ..................................................................................... 4.12-6 4.12.3 Impact Analysis ........................................................................................ 4.12-11 Table of Contents Supplemental Environmental Impact Report iii 4.13 Transportation ........................................................................................................... 4.13-1 4.13.1 Setting ........................................................................................................ 4.13-1 4.13.2 Regulatory Setting ..................................................................................... 4.13-3 4.13.3 Impact Analysis .......................................................................................... 4.13-9 4.14 Utilities and Service Systems ..................................................................................... 4.14-1 4.14.1 Setting ........................................................................................................ 4.14-1 4.14.2 Regulatory Setting ..................................................................................... 4.14-6 4.14.3 Impact Analysis ........................................................................................ 4.14-24 4.15 Wildfire ...................................................................................................................... 4.15-1 4.15.1 Setting ........................................................................................................ 4.15-1 4.15.2 Regulatory Setting ..................................................................................... 4.15-6 4.15.3 Impact Analysis ........................................................................................ 4.15-12 4.16 Other Environmental Issue Areas Analyzed ............................................................... 4.16-1 4.16.1 Agricultural and Forestry Resources .......................................................... 4.16-1 4.16.2 Energy ........................................................................................................ 4.16-1 4.16.3 Mineral Resources ..................................................................................... 4.16-2 5 Other CEQA Required Discussions .............................................................................................. 5-1 5.1 Growth Inducement ........................................................................................................ 5-1 5.1.1 Economic Growth ........................................................................................... 5-1 5.1.2 Population Growth ......................................................................................... 5-1 5.1.3 Removal of an Impediment to Growth ........................................................... 5-2 5.2 Irreversible Environmental Effects .................................................................................. 5-2 5.3 List of Significant and Unavoidable Impacts ................................................................... 5-3 6 Alternatives ................................................................................................................................. 6-1 6.1 Methodology ................................................................................................................... 6-1 6.2 Alternative 1: No Project Alternative .............................................................................. 6-2 6.2.1 Description ...................................................................................................... 6-2 6.2.2 Impact Analysis ............................................................................................... 6-3 6.3 Alternative 2: Reduced Sites ........................................................................................... 6-8 6.3.1 Description ...................................................................................................... 6-8 6.3.2 Impact Analysis ............................................................................................... 6-8 6.4 Environmentally Superior Alternative .......................................................................... 6-18 7 References .................................................................................................................................. 7-1 7.1 Bibliography .................................................................................................................... 7-1 7.2 List of Preparers ............................................................................................................ 7-20 Tables Table ES-1 Summary of Environmental Impacts .......................................................................ES-4 Table 1-1 NOP Comments and SEIR Response ......................................................................... 1-6 Table 2-1 Existing Land Use Designations (2022) ..................................................................... 2-6 Table 2-2 Existing Zoning Designations (2022) ......................................................................... 2-7 Table 2-3 Proposed Land Uses ............................................................................................... 2-10 Table 2-4 Proposed General Plan Land Use and Zoning Map Changes .................................. 2-14 City of Carlsbad Housing Element Implementation and Public Safety Element Update iv Table 3-1 Rezone Site Characteristics ...................................................................................... 3-1 Table 4.2-1 Ambient Air Quality Standards and Basin Attainment Status ............................... 4.2-5 Table 4.2-2 Ambient Air Quality Data at the Nearest Monitoring Station ............................... 4.2-6 Table 4.2-3 SDAPCD Construction Emissions Thresholds ....................................................... 4.2-10 Table 4.2-4 SDAPCD Operational Emissions Thresholds ........................................................ 4.2-11 Table 4.2-5 Estimated Operational Criteria Air Pollutant Emissions (lbs/day)....................... 4.2-15 Table 4.3-1 Vegetation Communities by Rezone Site .............................................................. 4.3-2 Table 4.3-2 Special-Status Plant and Wildlife Species with Potential to be Affected by the Proposed Project ................................................................................................... 4.3-8 Table 4.4-1 Known Historical Resources on and Adjacent to the Rezone Sites ..................... 4.4-16 Table 4.4-2 Inventory of Rezone Sites .................................................................................... 4.4-17 Table 4.5-1 Geologic Units within City of Carlsbad and their Paleontological Sensitivity...... 4.5-10 Table 4.6-1 Combined Annual Emissions of Greenhouse Gases ............................................ 4.6-19 Table 4.7-1 Project Consistency with McClellan-Palomar Airport Land Use Compatibility Plan ...................................................................................................................... 4.7-20 Table 4.9-1 Existing Land Use Designations ............................................................................. 4.9-1 Table 4.10-1 Building Vibration Damage Potential .................................................................. 4.10-4 Table 4.10-2 Vibration Annoyance Potential ........................................................................... 4.10-5 Table 4.10-3 Project Site Vicinity Sound Level Monitoring Results .......................................... 4.10-6 Table 4.10-4 Noise and Land Use Compatibility Matrix ......................................................... 4.10-16 Table 4.10-5 Allowable Noise Exposure1 ............................................................................... 4.10-17 Table 4.10-6 Performance Standards for Non-Transportation Sources (As Measured at Property Line of Source/Sensitive Use) ............................................................................ 4.10-17 Table 4.10-7 Construction Noise Criteria ............................................................................... 4.10-18 Table 4.10-8 Typical Vibration Levels for Construction Equipment ....................................... 4.10-21 Table 4.10-9 Construction Equipment Noise Levels ............................................................... 4.10-22 Table 4.10-10 Typical Construction Noise Level at 50 Feet ...................................................... 4.10-23 Table 4.10-11 Daily VMT Summary .......................................................................................... 4.10-28 Table 4.10-12 Construction Equipment Noise Levels ............................................................... 4.10-30 Table 4.12-1 Parkland Acreage by Park District ....................................................................... 4.12-4 Table 4.12-2 Parkland Acreage by Park District with the Proposed Project .......................... 4.12-19 Table 4.13-1 Citywide Average Project Generated VMT per Resident .................................. 4.13-14 Table 4.13-2 VMT per Resident for Project TAZs ................................................................... 4.13-16 Table 4.13-3 TDM Measures for Rezone Sites in Carlsbad ..................................................... 4.13-18 Table of Contents Supplemental Environmental Impact Report v Table 4.14-1 CMWD Normal Year Supply and Demand Comparison (AFY) ............................. 4.14-2 Table 4.14-2 CMWD Single Dry Year Supply and Demand Comparison (AFY) ......................... 4.14-2 Table 4.14-3 CMWD Multiple Dry Year Supply and Demand Comparison (AFY) ..................... 4.14-2 Table 4.14-4 2021 Electricity Consumption ............................................................................. 4.14-5 Table 4.14-5 2021 Natural Gas Consumption .......................................................................... 4.14-5 Table 4.14-6 Wastewater Treatment Plant Capacity ............................................................. 4.14-27 Table 6-1 Citywide Average Project Generated VMT per Resident ......................................... 6-7 Table 6-2 Estimated Operational Criteria Air Pollutant Emissions (lbs/day)............................ 6-9 Table 6-3 Combined Annual Emissions of Greenhouse Gases ............................................... 6-11 Table 6-4 Citywide Average Project Generated VMT per Resident ....................................... 6-15 Table 6-5 Daily VMT Summary for Alternative 2 .................................................................... 6-15 Table 6-6 Comparison of Alternative’s Impacts ..................................................................... 6-19 Figures Figure 1-1 Environmental Review Process .............................................................................. 1-14 Figure 2-1 Regional Location ..................................................................................................... 2-2 Figure 2-2 Carlsbad City Boundaries .......................................................................................... 2-3 Figure 2-3 Existing General Plan Land Use Designations ........................................................... 2-5 Figure 2-4 Proposed Rezone Sites Locations ........................................................................... 2-13 Figure 4.1-1 Transit Priority Areas and Housing Sites ............................................................... 4.1-4 Figure 4.3-1 Carlsbad National Wetlands Inventory Map ......................................................... 4.3-7 Figure 4.5-1 Soil Orders in Carlsbad .......................................................................................... 4.5-2 Figure 4.5-2 Regional Faults near Carlsbad ............................................................................... 4.5-4 Figure 4.5-3 Liquefaction Risk in Carlsbad ................................................................................. 4.5-6 Figure 4.5-4 Landslide Susceptibility in Carlsbad....................................................................... 4.5-8 Figure 4.5-5 Paleontological Sensitivity in Carlsbad ................................................................ 4.5-11 Figure 4.7-1 Schools within 0.25-mile of Housing Sites ............................................................. 4.7-5 Figure 4.7-2 Mc-Clellan-Palomar Airport Safety Zone and Housing Sites ............................... 4.7-12 Figure 4.7-3 Mc-Clellan-Palomar Airport Airport Influence Area and Housing Sites .............. 4.7-13 Figure 4.8-1 Watershed and Surface Waters in Carlsbad .......................................................... 4.8-2 Figure 4.8-2 FEMA Flood Hazard Zones in Carlsbad .................................................................. 4.8-5 Figure 4.8-3 Dam Inundation Zones in Carlsbad ....................................................................... 4.8-6 Figure 4.8-4 Tsunami Hazard Areas in Carlsbad ........................................................................ 4.8-7 Figure 4.9-1 Carlsbad Coastal Zone Boundary ........................................................................... 4.9-3 City of Carlsbad Housing Element Implementation and Public Safety Element Update vi Figure 4.10-1 Examples of Typical Noise Levels ........................................................................ 4.10-2 Figure 4.10-2 Noise Measurement Locations and Housing Sites .............................................. 4.10-7 Figure 4.10-3 City Noise Contours – Existing ............................................................................. 4.10-9 Figure 4.10-4 City Noise Contours – Future............................................................................. 4.10-10 Figure 4.10-5 Airport Noise Contours ...................................................................................... 4.10-11 Figure 4.12-1 Rezone Sites Proximity to Parks and Recreational Areas .................................... 4.12-5 Figure 4.12-2 Rezone Sites Proximity to Fire Stations ............................................................. 4.12-15 Figure 4.13-1 Project TAZ Containing Rezone Sites ................................................................. 4.13-15 Figure 4.15 1 Carlsbad Fire Hazard Severity Zones and Responsibility Areas ........................... 4.15-2 Figure 4.15-2 Wildland Urban Interface .................................................................................... 4.15-4 Figure 6-1 Traffic Analysis Zones Containing Alternative 2 Rezone Sites ................................ 6-16 Appendices Appendix A Notice of Preparation (NOP) and NOP Responses Appendix B Air Quality and Greenhouse Gas Modeling Results Appendix C Previous Historical Resources Documentation Appendix D Noise Measurement Data and Noise Modeling Results Appendix E Transportation Modeling Considerations and Results Memorandum Executive Summary Supplemental Environmental Impact Report ES-1 Executive Summary Project Synopsis Project Applicant and Lead Agency City of Carlsbad City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Background This Supplemental Environmental Impact Report (SEIR) augments the previously certified Programmatic Environmental Impact Report (EIR) for the City of Carlsbad General Plan certified in September 2015. For purposes of this SEIR, the previously certified EIR is referred to herein as the 2015 EIR, and the Carlsbad General Plan is referred to herein as the 2015 General Plan. The impacts of the current 2015 General Plan were analyzed in the 2015 EIR. The city recently updated its Housing Element to be in compliance with State housing legislation. The updated 2021-2029 Housing Element was adopted by the Carlsbad City Council on April 6, 2021. Updates to the Housing Element triggered the need for changes to the 2015 General Plan to, among others, create new land use designations (R-35 and R-40) and accommodate higher density residential development. The recent approval of the Housing Element has also triggered required analysis and compliance with recent and new state safety legislation. For purposes of this SEIR, the discussion will be primarily focused on the proposed changes within the 2015 General Plan, Zoning Ordinance, and other documents and not on the Housing Element as that was already analyzed in its own CEQA Addendum document. Project Description The Housing Element Implementation and Public Safety Element Update Project (proposed project) consists of amendments to the 2015 General Plan, including the Land Use and Community Design Element and Public Safety Element, and revisions to Carlsbad Municipal Code (CMC) Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city’s 2021-2029 Housing Element Update, which was adopted by the Carlsbad City Council on April 6, 2021, and comply with changes in state law. A major component of the project is the change of land use and zoning designations on 18 sites identified in the Housing Element (referred to in this SEIR as “rezone sites”) to facilitate residential development. These rezone sites, identified in the Housing Element and as further directed by the City Council, consist of single or multiple properties currently designated for low-density residential, commercial, industrial or public land uses. As proposed, the rezone sites would be partially or entirely redesignated to medium or high-density residential land use designations. This would require changes to the General Plan and Local Coastal Program land use maps, Zoning Ordinance and Zoning Map, and to various master and specific plans. While the proposed project would facilitate new housing through the redesignations, it would not approve any housing construction. City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-2 Alternatives This SEIR examines two alternatives to the proposed project: Alternative 1, No Project Alternative, includes a land use pattern comprised of land use trends according to the 2015 General Plan. In other words, it assumes that regional growth trends and land use according to the 2015 General Plan would continue, without the proposed project. Under Alternative 1 population in the Plan Area (City of Carlsbad) for 2035 would be 133,410, consistent with the findings of the 2015 General Plan and acknowledging approved residential development since the General Plan’s adoption. The 18 rezone sites would not be developed at the same capacity under this scenario as they would under the proposed project. Under existing zoning, Alternative 1 would result in the development of approximately 506 units on the 18 rezone sites, which would be 2,789 units fewer than the 3,295 units contemplated for the proposed project. Land use projects would be comprised of those that are currently in construction or are implemented through the 2015 General Plan updated to reflect current conditions. As land use under the current General Plan still has residential capacity (as well as capacity for new non-residential construction, such as new commercial and industrial buildings), the city would continue to grow in terms of housing units, population, non-residential square footage, and jobs. While not an environmental impact under CEQA, this alternative would not be consistent with the required programs of the 2021-2029 Housing Element and the city would be at risk of having the Housing Element “decertified” by the State if these programs are not implemented. Alternative 2, Reduced Sites, includes development on most of the rezone sites as identified in the project. However, Alternative 2 would exclude development on rezone sites 3, 8, and 15, which, as identified in Table 2-4 of Section 2, Project Description, would accommodate a net increase (not including units already permitted under current designations) of 137 dwelling units total under the project. Additionally, the number of units on sites 14 and 17 would be increased to accommodate more housing (180 units more than analyzed under the project) near COASTER transit stations, which are operated by North County Transit District. Therefore, development under Alternative 2 would accommodate 43 more dwelling units than the proposed project. Alternative 2 would still achieve project objectives such as facilitating residential development to meet the 2021-2029 RHNA and pursuing an infill strategy to create walkable communities. Each alternative is described in greater detail and analyzed in Section 6, Alternatives, to determine whether environmental impacts would be similar to, less than, or greater than those of the proposed project. Areas of Known Controversy Areas of controversy associated with the proposed project are made known through comments received during the Notice of Preparation (NOP) process, as well as input solicited during public scoping meetings and an understanding of the community issues in the region. The SEIR scoping process and comments received in response to the NOP identified areas of known controversy for the proposed project, including issues related to air quality, biological resources, cultural and tribal cultural resources, and transportation. Public comments received during the NOP scoping period as well as the main areas of controversy raised in the comments are summarized in Section 1, Introduction. Executive Summary Supplemental Environmental Impact Report ES-3 Issues to be Resolved Section 15123(b)(3) of the CEQA Guidelines requires that an EIR contain a discussion of issues to be resolved including the choice among the project and alternatives, and whether or how to mitigate significant effects. Issues to be resolved include:  Whether to approve the proposed project or an alternative. Issues Not Studied in Detail in the EIR Section 4.16, Effects Found Not to Be Significant, of this SEIR, analyzes any possible significant effects that were determined not to be significant and, therefore, were not discussed in detail in this SEIR. The topics analyzed in Section 4.16 include Agricultural and Forestry Resources, Energy, and Mineral Resources. Summary of Impacts and Mitigation Measures Table ES-1 summarizes the environmental impacts of the proposed project, proposed mitigation measures, and residual impacts (the impact after application of mitigation, if required). Impacts are categorized as follows: Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires a Statement of Overriding Considerations to be issued if the project is approved per Section 15093 of the CEQA Guidelines. Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under Section 15091 of the CEQA Guidelines. Less than Significant. An impact that may be adverse, but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable. No Impact. The proposed project would have no effect on environmental conditions or would reduce existing environmental problems or hazards. City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-4 Table ES-1 Summary of Environmental Impacts Impact Mitigation Measure (s) Residual Impact Aesthetics Impact AES-1. Similar to the development analyzed in the 2015 General Plan EIR, development under the project would not have a substantial effect on a scenic vista. This impact would be less than significant. None required. Less than Significant without Mitigation Impact AES-2. The City of Carlsbad does not contain a designated state scenic highway. This impact would be less than significant. None required. Less than Significant without Mitigation Impact AES-3. Similar to development analyzed in the 2015 General Plan EIR, development under the project would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant. None required. Less than Significant without Mitigation Impact AES-4. Similar to development analyzed in the 2015 General Plan EIR, development under the project would result in new sources of light or glare in the area, but would not adversely affect day or nighttime views. This impact would be less than significant. None required. Less than Significant without Mitigation Air Quality Impact AQ-1. Similar to the development analyzed in the 2015 General Plan EIR, the proposed project would not conflict with or obstruct the San Diego Regional Air Quality Strategy or State Implementation Plan. This impact would be less than significant with mitigation incorporated. AQ-1 Housing Forecast Revisions. Prior to the next update of the Regional Housing Needs Assessment and within six months of the certification of the Final SEIR, the City Planner shall provide a revised housing forecast to SANDAG to ensure that any revisions to the population and employment projections used by SDAPCD in updating the RAQS and the SIP will accurately reflect anticipated growth due to the proposed project. Less than Significant with Mitigation Impact AQ-2. Implementation of the proposed project would violate air quality standards or contribute to an existing air quality violation because project-related emissions would exceed SDAPCD thresholds. Similarly, the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is nonattainment under applicable federal or state ambient air quality standards. This impact would be significant and unavoidable. AQ-2 Operational Emissions Reductions. During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall require each project to determine operational air quality emissions from the project. For projects that exceed regulatory SDCAPCD thresholds, mitigation shall be implemented to reduce impacts to below the regulatory thresholds or to the maximum extent feasible implementing all feasible mitigation. The following represents some measures aimed at reducing air pollutant emissions from operational sources. This is not an exhaustive list of measures, and individual projects shall incorporate measures that best fit each project design. Significant and Unavoidable Executive Summary Supplemental Environmental Impact Report ES-5 Impact Mitigation Measure (s) Residual Impact  Use architectural coating materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or have a low-VOC content (below 10 grams per liter). Where such VOC coatings are not available or feasible, the coating with the lowest VOC rating available shall be used. These measures shall be noted on all construction plans, and the city shall perform periodic site inspections during construction to verify compliance.  Prohibit the installation of woodstoves, hearths, and fireplaces in new construction facilitated by the proposed project.  Expand and facilitate completion of planned networks of active transportation infrastructure.  Implement EV charging infrastructure beyond requirements set forth in the 2022 CalGreen mandatory measures. Such requirements would be equivalent to the Tier 2 voluntary measures set forth in the 2022 CalGreen standards.  Implement traffic demand measures, such as unbundling parking fees from rent/lease options, encouraging/developing a ride-share program for the community, and provide car/bike sharing services, that will reduce daily individual car usage and reduce project VMT Impact AQ-3. Development facilitated by the proposed project would not expose offsite sensitive receptors to substantial pollution concentrations. However, the project would site sensitive receptors within close proximity to sources of TAC emissions. This impact would be less than significant with mitigation incorporated. AQ-3 Construction Health Risk Assessment. For individual projects (excluding ADUs, single-family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize a fleet comprised of strictly EPA rated Tier 4 engines and/or alternative fuel construction equipment, it is required that a construction health risk assessment (HRA) be performed.1 The construction health risk shall be performed by a qualified air quality consultant coordinated through the City. The HRA shall be conducted following the Office of Environmental Health Hazards Association’s (OEHHA) 2015 Health Risk Guidelines (OEHHA 2015) and SDAPCD guidelines to determine potential risk and compare the risk to the following SDAPCD thresholds:  Increased cancer risk of > 10.0 in a million; Less than Significant with Mitigation 1 Sensitive receptors are that segment of the public most susceptible to respiratory distress as a result of poor air quality, such as children under 14, persons over 65, persons engaged in strenuous work or exercise, and people with pre-existing cardiovascular and chronic respiratory diseases. Locations of sensitive receptors include schools, parks and playgrounds, hospitals, day cares, assisted living facilities, and residential communities (CARB 2005) City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-6 Impact Mitigation Measure (s) Residual Impact  Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment are recommended to reduce the risk to appropriate levels. The incorporation of Tier 4 and/or alternative fuel construction equipment reduces the emissions of DPM from construction activities and therefore reduces the potential risk to nearby sensitive receptors. AQ-4 Operational Health Risk Assessment. Consistent with the provisions contained in the California Air Resources Board Air Quality and Land Use Handbook, future development projects occurring on Site 2, Site 5, or Site 16 under the proposed project should implement the following: Project applicants shall retain a qualified air quality consultant to prepare a health risk assessment (HRA) in accordance with the CARB and the Office of Environmental Health and Hazard Assessment requirements to determine the exposure of nearby sensitive receptors to emission sources resulting from the project. The HRA shall be submitted to the City of Carlsbad for review and approval. Project applicants shall implement the approved HRA recommendations to any nearby sensitive receptor, if any. Such measures may include, but are not limited to:  Install, operate, and maintain in good working order a central heating and ventilation system or other air take system in the building of a sensitive receptor that would be impacted by the project, or in each individual residential unit, that meets the efficiency standard of the minimum efficiency reporting value of 13. The heating and ventilation system should include the following features: installation of a high-efficiency filter and/or carbon filter to minimize particulate and other airborne chemical matter from entering the building. Either high-efficiency particulate absorption filters or American Society of Heating, Refrigeration, and Air-Conditioning Engineers 85 percent supply filters should be used.  Ensure that positive pressure occurs in the building.  Achieve a performance standard of at least one air exchange per hour of fresh outside filtered air.  Achieve a performance standard of at least four air exchanges per hour of recirculation. Executive Summary Supplemental Environmental Impact Report ES-7 Impact Mitigation Measure (s) Residual Impact  Achieve a performance standard of 0.25 air exchanges per hour of unfiltered infiltration if the building is not positively pressurized. Impact AQ-4. Similar to the development analyzed in the 2015 General Plan EIR, the proposed project would not create objectionable odors affecting a substantial number of people. This impact would be less than significant. None required. Less than Significant without Mitigation Cumulative Impact: As described under Impact AQ-1, the SDAPCD’s approach for assessing cumulative impacts is based on consistency with the latest adopted RAQS. With implementation of Mitigation Measure AQ-1, the proposed project would be consistent with the RAQS. Additionally, SDAPCD best management practices are required for all grading activities in the SDAPCD’s jurisdiction, which would reduce Citywide emissions of ozone precursors, PM10, and PM2.5 from construction facilitated by the proposed project. However, operational emissions resulting from the proposed project would result in exceedances of SDAPCD thresholds, even with implementation of Mitigation Measure AQ-2, and thus would be significant and unavoidable. Therefore, the proposed project’s contribution to cumulative air quality impacts would result in a cumulatively significant impact. No feasible mitigation measures have been identified. Cumulatively considerable impact. Biological Resources Impact BIO-1. The proposed project could potentially adversely impact special-status species or their habitat. Local special-status species and nesting birds could occur within the sites during potential construction periods and may potentially be affected by construction activity. This impact would be less than significant with mitigation incorporated. BIO-1 Biological Resources Technical Report. For development projects at Sites 1- 4, 6-9, 17-19 that require vegetation removal, ground disturbance of unpaved areas, parking or staging of equipment or material on unpaved areas, access routes on unpaved areas, or any rehabilitation or construction staging within 100 feet of the property line (except for landscaped developed areas) that contain or have the potential to support special-status species, sensitive habitat, or suitable habitat to support special-status species, prior to the issuance of a grading permit, the applicant shall retain a qualified biologist to conduct a biological resources reconnaissance of the site, consistent with the requirements of General Plan Policy 4-P.9 and the HMP Guidelines for Biological Studies. All future projects shall be consistent with the HMP and the technical report shall include a consistency analysis, including compliance with the narrow endemic standards (MHCP Volume 1, Section 3.7 No. 5, and HMP Section D-6 for TLB, VP species) and special species standards (HMP Section D-6 for LBV and Harb Dun Skipper). The Less than Significant with Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-8 Impact Mitigation Measure (s) Residual Impact Biological Resources Technical Report shall address the presence/absence of suitable habitat for special-status plant and wildlife species, and any additional protocol surveys that may be needed to determine the potential presence/absence of special status species, sensitive plant communities and wetlands, and other special status biological resources protected under the HMP. The report will further propose avoidance, minimization, and mitigation measures, consistent with HMP requirements, necessary to reduce potential impacts to special-status biological resources to less than significant. BIO-2 Pre-Construction Bird Surveys, Avoidance, and Notification. If construction activities are initiated during the bird nesting season (February 1 – August 31) involving removal of vegetation or other nesting bird habitat, including abandoned structures and other man-made features, a pre-construction nesting bird survey shall be conducted no more than three days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot and shall include a 300-foot buffer around the construction site. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California coastal communities (i.e., qualified biologist). If nests are found, an avoidance buffer shall be determined by a qualified biologist in coordination with the city. The avoidance buffer width will depend upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, which shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the city prior to the commencement of construction activities. Executive Summary Supplemental Environmental Impact Report ES-9 Impact Mitigation Measure (s) Residual Impact Impact BIO-2. Development resulting from the project could potentially adversely impact areas that support sensitive natural communities and riparian habitats. This impact would be less than significant with mitigation incorporated. BIO-3 Habitat Buffers. For projects where native habitat may be present (specifically Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, and 19) and if development cannot avoid native habitat, prior to the issuance of a grading permit, a qualified biologist shall be retained by the project applicant to conduct a vegetation community survey of the site. The qualified biologist shall map the extent of vegetation communities on the project site plus 100 feet and report on the findings. This survey and report can be combined with BIO-1, Biological Resources Technical Report. The report shall confirm potential impacts to riparian and wetland habitat have been sufficiently avoided or minimized to reduce impacts to less than significant. Housing development at any of the sites containing riparian or wetland habitat shall adhere to the HMP Guidelines for Riparian and Wetland Buffers. Housing developments at any of the sites within the coastal zone shall adhere to the upland and wetland buffer requirements pursuant to the HMP coastal zone standards. The Biological Resources technical report shall include a figure showing all required upland, riparian and wetland buffers. BIO-4 Habitat Impact Mitigation. For projects that will require mitigation through restoration of sensitive upland natural communities (e.g. coastal sage scrub) or wetland habitat, including streams, riparian, and other water bodies, specifically Sites 1, 2, 4, 6, 8, 9, 17, 18, and 19, mitigation through restoration, creation, or enhancement of in-kind habitats shall be implemented in accordance with ratios identified in the HMP (Table 11 and coastal zone standards Section D-7) and an approved mitigation plan. Prior to the issuance of grading permits, the applicant shall prepare and submit a Conceptual Restoration/Mitigation Plan (CRMP) consistent with the HMP Components of a Conceptual Restoration/Mitigation Plan and Guidelines for Habitat Creation and Restoration. The CRMP will provide the framework for compensating for impacts to sensitive riparian and coastal sage scrub habitat at a ratio consistent with HMP Table 11 and coastal zone standards. Less than Significant with Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-10 Impact Mitigation Measure (s) Residual Impact Impact BIO-3. Development resulting from the project could potentially adversely impact federally protected wetlands. This impact would be less than significant with mitigation incorporated. BIO-5 Agency Coordination. For projects on sites within potential jurisdictional features, including Sites 1, 2, 4, 9, and 17, permits, agreements, and/or water quality certifications from applicable state and federal agencies regarding compliance with state and federal laws governing work within jurisdictional features are required for submission to the city of Carlsbad with the grading permit application for the project. The project applicant shall satisfy all mitigation requirements of the above agencies. The applicant shall provide such permits and/or agreements prior to issuance of a grading permit. Less than Significant with Mitigation Impact BIO-4. Development under the proposed project would be primarily concentrated on sites in urban areas of Carlsbad that have been previously developed and disturbed, rather than adjacent to native habitats and potential wildlife corridors. Development under the project could result in significant impacts to potential local wildlife movement along watercourses such as Buena Vista Creek and Agua Hedionda Creek. This impact would be less than significant with mitigation incorporated. Implementation of mitigation measures BIO-1, BIO-3, and BIO-4 (listed under Impact BIO-1 and Impact BIO-2) is required. Less than Significant with Mitigation Impact BIO-5. Development under the proposed project could potentially adversely impact areas that support protected trees or tree canopies. This impact would be less than significant with mitigation incorporated. BIO-6 Protected Tree and Tree Canopy Survey. Prior to the issuance of a grading permit, a tree survey shall be conducted by a certified arborist prior to project construction to tag and assess all trees subject to the city’s Trees and Shrubs Ordinance (Municipal Code Title 11.12) and/or CFMP. A city arborist will inspect the property and recommend approving or denying the application in a written report submitted to the city manager. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a prominent location, visible from a public street and will include, the location of the tree, the reason for the trees removal, the date of the scheduled removal, the species of tree to be replanted, the size of the tree to be replanted, the date by which an appeal must be made to the parks and recreation commission, and a description of the appeal process. The following measures shall be implemented in addition to those required under the city’s permits required for tree removal and maintenance ordinance Guidelines (Municipal Code Title 11.12.090) to avoid and/or compensate for potential indirect impacts to preserved Less than Significant with Mitigation Executive Summary Supplemental Environmental Impact Report ES-11 Impact Mitigation Measure (s) Residual Impact sensitive natural communities and protected trees within Carlsbad before, during, and following construction activities. PRE-CONSTRUCTION  Fencing. Protective fencing at least three feet high with signs and flagging shall be erected around all preserved sensitive natural communities where adjacent to proposed vegetation clearing and grubbing, grading, or other construction activities. The protective fence shall be installed at a minimum of five feet beyond the tree canopy dripline. The intent of protection fencing is to prevent inadvertent limb/vegetation damage, root damage and/or compaction by construction equipment. The protective fencing shall be depicted on all construction plans and maps provided to contractors and labeled clearly to prohibit entry, and the placement of the fence in the field shall be approved by a qualified biologist prior to initiation of construction activities. The contractor shall maintain the fence to keep it upright, taut and aligned at all times. Fencing shall be removed only after all construction activities are completed.  Pre-Construction Meeting. A pre-construction meeting shall be held between all site contractors and a registered consulting arborist and/or a qualified biologist. All site contractors and their employees shall provide written acknowledgement of their receiving sensitive natural community protection training. This training shall include, but shall not be limited to, the following information: (1) the location and marking of protected sensitive natural communities; (2) the necessity of preventing damage to these sensitive natural communities; and (3) a discussion of work practices that shall accomplish such. DURING CONSTRUCTION  Fence Monitoring. The protective fence shall be monitored regularly (at least weekly) during construction activities to ensure that the fencing remains intact and functional, and that no encroachment has occurred into the protected natural community; any repairs to the fence or encroachment correction shall be conducted immediately.  Equipment Operation and Storage. Contractors shall avoid using heavy equipment around the sensitive natural communities. Operating heavy machinery around the root zones of trees would increase soil compaction, which decreases soil aeration and, City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-12 Impact Mitigation Measure (s) Residual Impact subsequently, reduces water penetration into the soil. All heavy equipment and vehicles shall, at minimum, stay out of the fenced protected zones, unless where specifically approved in writing and under the supervision of a registered consulting arborist and/or a qualified biologist.  Materials Storage and Disposal. Contractors shall not store or discard any construction materials within the fenced protected zones and shall remove all foreign debris within these areas. The contractors shall leave the duff, mulch, chips, and leaves around the retained trees for water retention and nutrient supply. Contractors shall avoid draining or leakage of equipment fluids near retained trees. Fluids such as gasoline, diesel, oils, hydraulics, brake and transmission fluids, paint, paint thinners, and glycol (anti-freeze) shall be disposed of properly. The contractors shall ensure that equipment be parked at least 50 feet, and that equipment/vehicle refueling occur at least 100 feet, from fenced protected zones to avoid the possibility of leakage of equipment fluids into the soil.  Grade Changes. Contractors shall ensure that grade changes, including adding fill, shall not be permitted within the fenced protected zone without special written authorization and under supervision by a registered consulting arborist and/or a qualified biologist. Lowering the grade within the fenced protected zones could necessitate cutting main support and feeder roots, thus jeopardizing the health and structural integrity of the tree(s). Adding soil, even temporarily, on top of the existing grade could compact the soil further, and decrease both water and air availability to the tree roots. Contractors shall ensure that grade changes made outside of the fenced protected zone shall not create conditions that allow water to pond.  Trenching. Except where specifically approved in writing beforehand, all trenching shall be outside of the fenced protected zone. Roots primarily extend in a horizontal direction forming a support base to the tree similar to the base of a wineglass. Where trenching is necessary in areas that contain roots from retained trees, contractors shall use trenching techniques that include the use of either a root pruner (Dosko root pruner or equivalent) or an Air-Spade to limit root impacts. An International Society of Arboriculture (ISA) certified arborist or American Society of Consulting Arborists (ASCA) registered Executive Summary Supplemental Environmental Impact Report ES-13 Impact Mitigation Measure (s) Residual Impact consulting arborist shall ensure that all pruning cuts shall be clean and sharp, to minimize ripping, tearing, and fracturing of the root system. Root damage caused by backhoes, earthmovers, dozers, or graders is severe and may ultimately result in tree mortality. Use of both root pruning and Air-Spade equipment shall be accompanied only by hand tools to remove soil from trench locations. The trench shall be made no deeper than necessary.  Erosion Control. Appropriate erosion control best management practices (BMPs) shall be implemented to protect preserved sensitive natural communities during and following project construction. Erosion control materials shall be certified as weed free.  Inspection. An ISA certified arborist or ASCA registered consulting arborist shall inspect the preserved trees adjacent to grading and construction activity on a monthly basis for the duration of the grading and construction activities. A report summarizing site conditions, observations, tree health, and recommendations for minimizing tree damage shall be submitted by the registered consulting arborist following each inspection. POST-CONSTRUCTION  Mulch. The contractors shall ensure that the natural duff layer under all trees adjacent to construction activities shall be maintained. This would stabilize soil temperatures in root zones, conserve soil moisture, and reduce erosion. The contractors shall ensure that the mulch be kept clear of the trunk base to avoid creating conditions favorable to the establishment and growth of decay causing fungal pathogens. Should it be necessary to add organic mulch beneath retained oak trees, packaged or commercial oak leaf mulch shall not be used as it may contain root fungus. Also, the use of redwood chips shall be avoided as certain inhibitive chemicals may be present in the wood. Other wood chips and crushed walnut shells can be used, but the best mulch that provides a source of nutrients for the tree is its own leaf litter. Any added organic mulch added by the contractors shall be applied to a maximum depth of 4 inches where possible.  Watering Adjacent Plant Material. All installed landscaping plants near the preserved sensitive natural communities shall require moderate to low levels of water. The surrounding plants shall be watered infrequently with deep soaks and allowed to dry out in- City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-14 Impact Mitigation Measure (s) Residual Impact between, rather than frequent light irrigation. The soil shall not be allowed to become saturated or stay continually wet, nor should drainage allow ponding of water. Irrigation spray shall not hit the trunk of any tree. The contractors shall maintain a 30-inch dry-zone around all tree trunks. An above ground micro-spray irrigation system shall be used in lieu of typical underground pop-up sprays.  Monitoring. An ISA certified arborist or ASCA registered consulting arborist shall inspect the trees preserved on the site adjacent to construction activities for a period of two years following the completion of construction. Monitoring visits shall be completed quarterly, totaling eight visits. Following each monitoring visit, a report summarizing site conditions, observations, tree health, and recommendations for promoting tree health shall be submitted to the city. Additionally, any tree mortality shall be noted and any tree dying during the two-year monitoring period shall be replaced at a minimum 3:1 ratio on-site in coordination with the city. Impact BIO-6. The proposed project (specifically Sites 4, 6, 9, and 17) may conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans. This impact would be less than significant with mitigation incorporated. BIO-7 HMP Minor Amendments. Prior to project approval at Site 4, 6, 9 and 17, each project shall be analyzed for consistency with the HMP. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP minor amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15. BIO-8 HMP Adjacency Standards. Projects within sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 shall evaluate potential indirect impacts, such as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat Less than Significant with Mitigation. Executive Summary Supplemental Environmental Impact Report ES-15 Impact Mitigation Measure (s) Residual Impact and species adjacent to the proposed development. Projects shall be consistent with the HMP Adjacency Standards (Section F-3). Cultural and Tribal Cultural Resources Impact CUL-1. Development facilitated by the project could impact known and previously unidentified historical resources. Impacts to historical resources would be significant and unavoidable. No feasible mitigation measures beyond compliance with applicable city standards including general plan policies, the Historic Preservation Ordinance and the Carlsbad Cultural Resource Guidelines. Significant and Unavoidable Impact CUL-2. Development accommodated by the Project could adversely affect identified and previously unidentified Archaeological resources. Impacts would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines. None required. Less than Significant without Mitigation Impact CUL-3. Ground-disturbing activities associated with development under the Project could result in damage to or destruction of human burials. However, this impact would be less than significant through adherence to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. None required. Less than Significant without Mitigation Impact CUL-4. Development facilitated by the proposed project could adversely impact tribal cultural resources. Consultation with Native American Tribal representatives is ongoing. This impact would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines. None required. Less than Significant without Mitigation Cumulative Impact: It is possible that future cumulative projects would result in impacts to known or unknown historical resources. While impacts to such resources would be addressed on a case-by- case basis and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project, cumulative development may result in direct or indirect impacts to historical resources. As such, cumulative historical impacts would be significant. Development facilitated by the project would adhere to the provisions of the Carlsbad Cultural Resource Guidelines related to historical resources. However, even after implementation of these guidelines, the proposed project would result in a considerable contribution to this cumulative impact. No feasible mitigation measures have been identified. Cumulatively considerable impact. City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-16 Impact Mitigation Measure (s) Residual Impact Geology and Soils Impact GEO-1. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the proposed project would not be subject to rupture of a known earthquake fault. This impact would remain less than significant. None required. Less than Significant without Mitigation Impact GEO-2. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project could be located in areas that would be exposed to seismic events, including ground shaking, liquefaction, and landslides. Compliance with the California Building Code and Carlsbad Municipal Code would reduce ground shaking, liquefaction, and landslide hazards. With required adherence to existing policies and regulations that require geologic hazard investigations where warranted, control siting of development, and requirement of safe construction practices, impacts would remain less than significant. None required. Less than Significant without Mitigation Impact GEO-3. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project would include ground disturbance such as excavation and grading that would result in loose or exposed soil. Disturbed soil could be eroded by wind or during a storm event, which would result in the loss of topsoil. Adherence to permit requirements and city regulations would ensure that this impact would remain less than significant. None required. Less than Significant without Mitigation Impact GEO-4. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project could be located on a geologic unit or soil that is unstable or could become unstable resulting in on or off-site landslide, lateral spreading, subsidence, liquefaction, expansion, or collapse. Compliance with the California Building Code and Carlsbad Municipal Code would reduce hazards resulting from expansive soils and impacts would remain less than significant. None required. Less than Significant without Mitigation Executive Summary Supplemental Environmental Impact Report ES-17 Impact Mitigation Measure (s) Residual Impact Impact GEO-5. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project would mostly occur on or near developed sites that would be served by existing sanitation infrastructure. New development is not anticipated to include the use of septic systems. Therefore, impacts related to the use of septic tanks or alternative wastewater disposal systems would remain less than significant. None required. Less than Significant without Mitigation Impact GEO-6. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project has the potential to impact paleontological resources. However, this impact is less than significant with compliance with existing city guidelines None required. Less than Significant without Mitigation Greenhouse Gas Emissions Impact GHG-1. New residential development facilitated by the proposed project would generate temporary and long-term increases in GHG emissions. Because the proposed project includes additional housing not included in forecasting or reduction goals in those plans, the proposed project would conflict with the GHG emissions goals of the City of Carlsbad Climate Action Plan and 2015 General Plan. This impact would be significant and unavoidable. GHG-1 Update City of Carlsbad Climate Action Plan. The City shall draft and City Council shall adopt an updated Climate Action Plan (CAP) within 12-18 months of adoption of this SEIR. An updated CAP shall include targets that reflect those set by SB 32 to reduce GHG emissions by 40 percent below the 1990 levels by 2030 and AB 1279 reduce GHG emissions by 85 percent below 1990 levels by 2045. Implementation measures in an updated CAP to achieve the 2030 and 2045 targets shall include measures such as, but are not limited to, the following:  Develop and adopt an updated building energy efficiency ordinance, or “reach code” for existing and proposed structures;  Expand charging infrastructure and parking for electric vehicles;  Implement carbon sequestration by expanding the urban forest ; and,  Implement policies and measures included in the 2022 California Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations. As part of the updated CAP, the City shall establish CEQA GHG Emissions Thresholds of Significance and an updated CAP Consistency Checklist that are consistent with the updated CAP for use in future CEQA GHG emissions analyses through 2030 and consistent with SB 32. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA GHG emissions thresholds of significance and CAP Consistency Checklist to be consistent with each CAP update. Significant and Unavoidable City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-18 Impact Mitigation Measure (s) Residual Impact Hazards and Hazardous Materials Impact HAZ-1. Implementation of the proposed project would facilitate new residential development on 18 rezone sites. Proposed residential uses would not involve the routine transportation, use, or disposal of hazardous materials. However, construction of new residences could result in an increase in the overall routine, transport, use and disposal of hazardous materials in Carlsbad for construction activities. Nonetheless, required compliance with applicable regulations related to hazardous materials and compliance with General Plan policies would minimize the risk of releases and exposure to these materials. Impacts would be less than significant. None required. Less than Significant without Mitigation Impact HAZ-2. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. This impact would be less than significant. None required. Less than Significant without Mitigation Impact HAZ-3. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project could result in development on sites contaminated with hazardous materials. However, compliance with applicable regulations relating to site remediation would minimize impacts from development on contaminated sites, resulting in a less than significant impact. None required. Less than Significant without Mitigation Impact HAZ-4. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project would not result in a safety hazard for people residing or working in the project area. Compliance with policies and review procedures of the Airport Land Use Compatibility Plan would result in less than significant impacts. None required. Less than Significant without Mitigation Impact HAZ-5. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. This impact would be less than significant. None required. Less than Significant without Mitigation Executive Summary Supplemental Environmental Impact Report ES-19 Impact Mitigation Measure (s) Residual Impact Hydrology and Water Quality Impact HYD-1. Similar to the development analyzed in the 2015 General Plan EIR, development under the project would not violate water quality standards or water discharge requirements, or otherwise substantially degrade surface or groundwater quality due to adherence to existing compliance with State and local regulations and permit requirements which require use of BMPs. This impact would be less than significant. None required. Less than Significant without Mitigation Impact HYD-2. Similar to the development analyzed in the 2015 General Plan EIR, development under the project would not interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the Batiquitos Lagoon Valley Groundwater basin. Impacts would be less than significant. None required. Less than Significant without Mitigation Impact HYD-3. Similar to the development analyzed in the 2015 General Plan EIR, development under the project may alter drainage patterns and increase runoff in the project area, but would not result in substantial erosion or siltation, result in increased flooding, exceed the capacity of existing or planned stormwater drainage systems, or result in substantial additional polluted runoff. Impacts would be less than significant. None required. Less than Significant without Mitigation Impact HYD-4. Similar to the development analyzed in the 2015 General Plan EIR, development under the project may increase impervious surfaces on individual project sites due to the construction of new development but would not substantially alter drainage patterns to such a degree that it would impede or redirect flood flows. Impacts would be less than significant. None required. Less than Significant without Mitigation Impact HYD-5. Similar to the development analyzed in the 2015 General Plan EIR, development under the project would not substantially impede recharge in Carlsbad and would be served by CMWD’s existing and planned potable water supplies. Development under the project may affect water quality and groundwater supply through construction and operational activities but would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant None required. Less than Significant without Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-20 Impact Mitigation Measure (s) Residual Impact Land Use and Planning Impact LU-1. The proposed project involves implementing a rezoning program on 18 sites, mainly in developed areas of the city, and would not physically divide an established community. No impact would occur. None required. No Impact Impact LU-2. The proposed project would not result in a significant environmental impact due to a conflict with any land use plan and policy. Therefore, this impact would be less than significant. None required. Less than Significant without Mitigation Noise Impact NOI-1. Construction would be required to comply with the allowed daytime construction hours regulated by the Carlsbad Municipal Code and, therefore, would not occur during nighttime hours when people are more sensitive to noise. implementation of Mitigation Measure NOI-1 would reduce construction noise levels for larger developments; however, construction noise may still exceed thresholds and this impact would be significant and unavoidable. NOI-1 Construction Noise Reduction Measures. The following construction noise reduction measures shall be implemented during project construction:  Shielding and Silencing. Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with noise shielding and silencing devices consistent with manufacturer’s standards or the Best Available Control Technology. Equipment shall be properly maintained, and the project applicant or owner shall require construction contractors to keep documentation on-site during earthwork or construction activities demonstrating that the equipment has been maintained in accordance with manufacturer’s specifications.  Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed or screened from off-site noise-sensitive uses to the extent feasible. The equipment enclosure or screen shall be impermeable (i.e., solid material with minimum weight of 2 pounds per square feet) and break the line-of-sight from the equipment and off-site noise-sensitive uses.  Construction Staging Areas. Construction staging areas shall be located as far from noise-sensitive uses as reasonably feasible in consideration of site boundaries, topography, intervening roads and uses, and operational constraints.  Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure Significant and Unavoidable Executive Summary Supplemental Environmental Impact Report ES-21 Impact Mitigation Measure (s) Residual Impact safety when mobile construction equipment is moving in the reverse direction.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios, including any on-site music, shall be controlled to a point that they are not audible at off- site noise-sensitive uses.  Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall not be used, except in locations where the underlying geology renders alternative methods infeasible, as determined by a soils or geotechnical engineer and documented in a soils report.  Temporary Sound Barriers. Temporary sound barriers, such as walls or sound blankets, shall be positioned between construction activities and noise-sensitive uses when construction equipment is located within a line-of-sight to and within 500 feet of the ground-floor exterior use areas of off-site noise-sensitive uses. Sound barriers shall break the line-of-sight between the construction noise source and the ground-floor exterior use area receiver where modeled levels exceed applicable standards. Placement, orientation, size, and density of acoustical barriers shall be specified by a qualified acoustical consultant.  Noise Complaint Response. Project applicants shall designate an on- site construction project manager who shall be responsible for responding to any complaints about construction noise. This person shall be responsible for responding to concerns of neighboring properties about construction noise disturbance and shall be available for responding to any construction noise complaints during the hours that construction is to take place. They shall also be responsible for determining the cause of the noise complaint (e.g., bad silencer) and shall require that reasonable measures be implemented to correct the problem. A toll-free telephone number and email address shall be posted in a highly visible manner on the construction site at all times and provided in all notices (mailed, online website, and construction site postings) for receiving questions or complaints during construction and shall also include procedures requiring that the on- site construction manager to respond to callers and email messages. The on-site construction project manager shall be required to track City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-22 Impact Mitigation Measure (s) Residual Impact complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction and shall notify the city’s Community Development Director of each complaint occurrence.  Project-Specific Construction Noise Study. A Construction Noise Study shall be prepared by a qualified noise expert. The Construction Noise Study shall characterize sources of construction noise, quantify noise levels at noise-sensitive uses (e.g., residences, schools, churches, and hospitals) and identify measures to reduce noise exposure. The Construction Noise Study shall identify reasonably available noise reduction devices or techniques to reduce noise levels to acceptable levels and/or durations including through reliance on any relevant federal, state or local standards or guidelines or accepted industry practices. Noise reduction devices or techniques may include but not be limited to silencers, enclosures, sound barriers, and/or placement of restrictions on equipment or construction techniques (e.g., alternative installation methods to pile driving such as cast-in-place systems or pile cushioning). Each measure in the Construction Noise Study shall identify anticipated noise reductions at noise-sensitive land uses. Project applicants shall be required to comply with all requirements listed above in addition to any additional requirements identified and recommended by the Construction Noise Study and shall maintain proof that notice of, as well as compliance with, the identified measures have been included in contractor agreements. Impact NOI-2. Operational activities (e.g., HVAC units, delivery and trash trucks) would be typical of the urban environment and would be required to comply with applicable noise standards in the Carlsbad Municipal Code. Furthermore, while development would generate vehicle trips in the city, the increase in mobile noise would not result in a perceptible 3-DBA increase. Therefore, noise increases due to project operation would be less than significant. None required. Less than Significant without Mitigation Executive Summary Supplemental Environmental Impact Report ES-23 Impact Mitigation Measure (s) Residual Impact Impact NOI-3. Project development would not involve operational activities that would result in substantial vibration levels. However, use of pile driving or a vibratory roller could potentially generate vibration exceeding thresholds for buildings or structures susceptible to damage (e.g., historic structures). This impact would be less than significant with mitigation. NOI-2 Vibration Control Plan. For construction activities involving vibratory rollers within 50 feet of a structure or pile drivers (impact or sonic) within 140 feet of a structure, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods required to minimize vibration, including, but not limited to:  Alternative installation methods for pile driving (e.g., pile cushioning, drilled piles, cast-in-place systems) within 140 feet of a building to reduce impacts associated with seating the pile  Vibration monitoring prior to and during pile driving operations occurring within 140 feet of a building  Use of rubber-tired equipment rather than metal-tracked equipment  Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected extremely fragile buildings/historical resources and/or residential structures. The survey letter shall determine conditions that exist prior to the commencement of construction activities for use in evaluating potential damages caused by construction. Fixtures and finishes susceptible to damage shall be documented photographically and in writing prior to construction. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer shall issue a follow-up letter describing damage, if any, to impacted buildings and structures. The letter shall include recommendations for any repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24). A Statement of Compliance signed by the applicant and owner shall be submitted to the city’ Building and Safety Division at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above shall be documented by a qualified structural engineer, and shall be provided to the city upon request. Less than Significant with Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-24 Impact Mitigation Measure (s) Residual Impact Impact NOI-4. Future development under the proposed project would not be exposed to excessive noise levels from overhead flight patterns from the McClellan-Palomar Airport due to the distance of the development from the airport or with implementation of Airport Land Use Compatibility Plan and General Plan Policies. Impacts would be less than significant. None required. Less than Significant without Mitigation Cumulative Impact: Under a worse-case scenario, two projects within 1,000 feet of each other could contribute to a cumulative noise impact for sensitive receivers located equidistant between the two construction sites with concurrent on-site activities. Construction activities associated with future development would comply with Chapter 8.48 of the CMC and would occur Monday through Friday from 7 a.m. to 6 p.m. and Saturday 8 a.m. to 6 p.m.; no work shall be conducted on Sundays and any federal holiday. Nonetheless, larger development projects could combine together, or combine with smaller development projects, to substantially increase noise levels at specific neighboring noise-sensitive receivers. Mitigation Measure NOI-1 would reduce construction noise impacts from developments to the extent feasible. However, as exact construction details are unknown at this time, even with mitigation the project’s contribution to a cumulative noise impact could be considerable. No feasible mitigation measures have been identified. Cumulatively considerable impact. Population and Housing Impact POP-1. This SEIR assumes a full buildout of 3,295 residential units in Carlsbad associated with the proposed project, which equates to a population increase of an estimated 8,260 residents compared to the existing population. However, growth resulting from the project is anticipated and would not constitute substantial unplanned population growth. This impact would be less than significant. None required. Less than Significant without Mitigation Impact POP-2. Implementation of proposed project would not result in the displacement of substantial numbers of people or housing. The proposed project would facilitate the development of new housing in accordance with State and local housing requirements. This impact would be less than significant. None required. Less than Significant without Mitigation Executive Summary Supplemental Environmental Impact Report ES-25 Impact Mitigation Measure (s) Residual Impact Public Services and Recreation Impact PS-1. Development facilitated by the proposed project would result in an increase in population within Carlsbad. The projected population increase would increase demand for fire protection services and potentially create the need for a new or altered fire station. However, compliance with policies in the General Plan would reduce impacts related to fire service facilities to a less than significant level. None required. Less than Significant without Mitigation Impact PS-2. Development facilitated by the proposed project would result in an increase in the city’s population. The projected population increase would increase demand for police protection services and potentially create the need for new or altered police service facilities. However, compliance with policies in the General Plan would reduce impacts related to police facilities to a less than significant level. None required. Less than Significant without Mitigation Impact PS-3. Development facilitated under the proposed project would result in an increase in population in Carlsbad, resulting in the need for additional or expanded school facilities. However, Government Code 65995 (b) would require funding for the provision or expansion of new school facilities to offset impacts from new residential development. This impact would be less than significant. None required. Less than Significant without Mitigation Impact PS-4. Development associated with the proposed project would increase the population of Carlsbad and the use of existing parks and recreational facilities. However, no plans for the expansion or construction of new parks or recreational facilities are anticipated with the proposed project. Therefore, this impact would be less than significant. None required. Less than Significant without Mitigation Impact PS-5. Development associated with the proposed project would increase the population of Carlsbad and the use of existing library facilities. However, existing library facilities would have sufficient capacity to accommodate the increase in population. Additionally, compliance with General Plan policies would reduce impacts related to library facilities to a less than significant level None required. Less than Significant without Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-26 Impact Mitigation Measure (s) Residual Impact Transportation Impact T-1. Similar to the development analyzed in the 2015 General Plan EIR, development facilitated by the proposed project would not result in additional conflicts with programs and plans related to the circulation system, relative to the 2015 General Plan. This impact would be less than significant. None required. Less than Significant without Mitigation Impact T-2. Development facilitated by the proposed project has the potential to interfere with achievement of the VMT reductions set forth in City of Carlsbad VMT Analysis Guidelines. This impact would be significant and unavoidable. T-1 Achieve VMT Reductions for Development Projects. During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall review each project compared to the City of Carlsbad VMT Analysis Guidelines screening criteria to determine if the submitted project is eligible to be screened out of conducting project-level VMT analysis. If a project meets one or more of the screening criteria, the project is determined to have a less than significant impact to VMT in accordance with the city’s VMT Analysis Guidelines. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. If it is determined that the project would have a significant impact on VMT (i.e., it does not result in at least a 15 percent reduction in VMT compared to existing conditions), the city shall require the project to implement project-level VMT reduction measures, as noted below, prior to project approval and issuance of construction permits. Transportation Demand Management (TDM) measures and physical measures to reduce VMT are outlined in the City’s VMT Analysis Guidelines and have been identified as potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The CAPCOA Handbook provides detailed requirements, calculation steps, and limitations for assessing the VMT reduction effectiveness of each measure, including reductions from combinations of measures. Trip reduction strategies may include, but are not limited to, the following: Provision of bus stop improvements or on-site mobility hubs Significant and Unavoidable 1. Executive Summary Supplemental Environmental Impact Report ES-27 Impact Mitigation Measure (s) Residual Impact Pedestrian improvements, on-site or off-site, to connect to nearby transit stops, services, schools, shops, etc. Bicycle programs including bike purchase incentives, storage, maintenance programs, and on-site education program Enhancements to the citywide bicycle network Parking reductions and/or fees set at levels sufficient to incentivize transit, active transportation, or shared modes Cash allowances, passes, or other public transit subsidies and purchase incentives Providing enhanced, frequent bus service Implementation of shuttle service Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT generated by residents include increasing the mix of uses by adding retail or services within a site or within convenient walking distance.2 Although it is unlikely that TDM measures will fully mitigate the impact of the program to a less-than- significant level, CEQA mandates the implementation of feasible mitigation measures to reduce a project or program's level of impact. In this context, Fehr & Peers identified a list of recommended TDM measures from Appendix E of the city's VMT Analysis Guidelines to mitigate the project VMT impact to the extent feasible [as presented in Table 4.13-3 of Section 4.13, Transportation, of this SEIR]. The summary provides an estimate of the effectiveness of these measures and specifies which ones are applicable to areas that have adjacent or near transit. Individual rezone sites (if their location based on the TAZ exceeds the city’s VMT threshold) should include all feasible mitigation measures Table 4.13-3. Projects that are within a half mile of a transit stop should incorporate the measures that are applicable to encouraging transit. Impact T-3. Similar to development analyzed in the 2015 General Plan EIR, development facilitated by the project would not substantially increase hazards due to geometric design features (e.g., share curves or dangerous intersections) or incompatible uses (e.g., farm equipment). This impact would be less than significant. None required. Less than Significant without Mitigation 2 American Planning Association PAS Memo, 2013. “Getting Trip Generation Right: Eliminating the Bias Against Mixed Use Development” by Jerry Walters, Brian Bochner, and Reid Ewing, May. 2. 3. 4. 5. 6. 7. 8. City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-28 Impact Mitigation Measure (s) Residual Impact Impact T-4. Similar to development analyzed in the 2015 General Plan EIR, development by the project would not result in inadequate emergency access. This impact would be less than significant. None required. Less than Significant without Mitigation Cumulative Impact: Because the analysis for the project is based on VMT per resident, the significant VMT impact finding implies that the project would also have a cumulatively considerable contribution to a significant cumulative impact. Since project-level significance thresholds were designed to support long-term environmental goals, they inherently also address potential cumulative VMT impacts. As such, VMT would be cumulatively considerable. Therefore, the cumulative impact related to VMT would be significant and unavoidable. No feasible mitigation measures have been identified. Cumulatively considerable impact. Utilities and Service Systems Impact UTIL-1. Similar to the development analyzed in the 2015 General Plan EIR, development under the project may require the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, and telecommunications facilities. However, such relocation and construction would not cause significant environmental effects beyond those already identified in this SEIR. This impact would be less than significant. None required. Less than Significant without Mitigation Impact UTIL-2. Similar to the development analyzed in the 2015 General Plan EIR, construction and operation of development under the project would result in a net increase in water demand. However, this increase in demand can be served by projected and reasonably available water supplies. This Impact would be less than significant. None required. Less than Significant without Mitigation Impact UTIL-3. Similar to the development analyzed in the 2015 General Plan EIR, Wastewater generated by development under the project would be treated at the Encina Wastewater Authority in Carlsbad. The plant would have adequate capacity to serve the anticipated wastewater generation in addition to its existing wastewater treatment commitments. This Impact would be less than significant. None required. Less than Significant without Mitigation Executive Summary Supplemental Environmental Impact Report ES-29 Impact Mitigation Measure (s) Residual Impact Impact UTIL-4. Similar to the development analyzed in the 2015 General Plan EIR, development under the project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, including the Republic Services Palomar Transfer Station. The project would not impair the attainment of solid waste reduction goals, and development would comply with federal, State, and applicable local statutes and regulations related to solid waste. This impact would be less than significant None required. Less than Significant without Mitigation Wildfire Impact WF-1. Similar to the development analyzed in 2015 General Plan, development facilitated by the project would result in additional population and vehicle miles traveled in the city. The project could result in changes to emergency evacuation routes or could increase roadway congestion such that the use of an evacuation route would be hindered. However, impacts would remain less than significant. None required. Less than Significant without Mitigation Impact WF-2. Carlsbad is located within a Local Responsibly Area Very High Fire Hazard Severity Zone and adjacent to a State Responsibility Area Very High Fire Hazard Severity Zone. Compliance with applicable policies, codes and regulations would reduce the risk of loss, injury, or death from wildfire associated with development facilitated by the project. This impact would remain less than significant. None required. Less than Significant without Mitigation City of Carlsbad Housing Element Implementation and Public Safety Element Update ES-30 This page intentionally left blank. Introduction Supplemental Environmental Impact Report 1-1 Introduction This Supplemental Environmental Impact Report (SEIR) evaluates impacts associated with the proposed project (“Housing Element Implementation and Public Safety Element Update”), which consists of amendments to the Carlsbad General Plan, including the Land Use and Community Design Element and Public Safety Element, and amendments to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The General Plan, the California Environmental Quality Act (CEQA) environmental review process, and the legal basis for preparing an SEIR are described below. This section discusses:  Overview of previous Environmental Impact Report (EIR);  Basis for an SEIR;  Project requiring environmental analysis;  Purpose and legal authority of the SEIR;  Public review and participation process;  SEIR content;  SEIR scope;  Baseline and approach of the SEIR impact analysis;  Agency roles and responsibilities; and,  Environmental review process 1.1 Overview of Previous EIR The City of Carlsbad’s certified 2015 General Plan and Climate Action Plan EIR (“2015 General Plan EIR”) analyzed impacts from the 2015 General Plan Update and the city’s Climate Action Plan. The 2015 General Plan EIR anticipated the addition of 6,798 new residential dwelling units by the horizon year of 2035. The 2015 General Plan EIR found less than significant impacts for aesthetics, agricultural resources, biological resources, cultural resources, energy, greenhouse gas emissions, geology and soils, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, public services and recreation, tribal cultural resources, utilities and service systems, and wildfire; and significant and unavoidable impacts for air quality and transportation. 1.2 Basis for a Supplemental EIR When an EIR has been adopted and a project is modified or expanded upon, additional CEQA review may be necessary. The key considerations in determining the need for the appropriate type of additional CEQA review are outlined in Section 21166 of the Public Resources Code (PRC) and CEQA Guidelines Section 15163. Pursuant to CEQA Guidelines Section 15162, no subsequent EIR shall be prepared unless one or more of the following conditions is present: Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 1 1. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-2 Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pursuant to CEQA Guidelines Section 15163, a lead agency may choose to prepare a supplement to the EIR rather than subsequent EIR if: Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. Furthermore, according to CEQA Guidelines Section 15163: The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section 15087. A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR. When the agency decides whether to approve the project, the decision-making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 shall be made for each significant effect shown in the previous EIR as revised. Pursuant to CEQA Guidelines Section 15163, the City of Carlsbad prepared this as a “Supplemental” EIR because only minor additions and changes would be necessary to make the previously certified 2015 General Plan EIR adequately apply to the project. An SEIR is the appropriate level of CEQA documentation for multiple reasons. First, the document incorporates updates to the CEQA Guidelines since 2015 and includes analysis of environmental issue areas added to the CEQA Guidelines and not included in the 2015 General Plan EIR. New environmental issue areas analyzed in this SEIR include energy, wildfire, vehicle miles traveled (VMT) and tribal cultural resources. Therefore, the City of Carlsbad has determined that the preparation of a SEIR is the appropriate 2. 3. 1. 2. a. b. c. d. Introduction Supplemental Environmental Impact Report 1-3 approach to CEQA compliance. Consistent with CEQA Guidelines Section 15050, the 2015 General Plan EIR is incorporated into this document by reference. A summary of impacts and applicable mitigation identified in the 2015 General Plan EIR is included in Section 4, Environmental Impact Analysis. 1.3 Project Requiring Environmental Analysis The proposed project would facilitate the development of housing on 18 sites as part of the Housing Element implementation. Accordingly, the Carlsbad General Plan, specifically the Land Use and Community Design Element, would be updated to allow for this development. The Public Safety Element would also be updated to ensure consistency with State regulations. Updates to the Land Use and Community Design Element include the proposed addition of two new residential land use designations (R-35 and R-40) for the accommodation of higher density residential development, establishment of revised minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city’s RHNA share. Updates to the Public Safety Element would include addition of the requirements of new State legislation and the incorporation of new policies based on local and regional data. The following documents would be updated consistent with the changes noted above:  Consistent with project General Plan changes, revise the Zoning Ordinance.  Amend the Local Coastal Program as necessary to maintain consistency with the General Plan and Zoning Ordinance.  Revise various master plans and specific plans as necessary to reflect amendments to the General Plan, Zoning Ordinance, and Local Coastal Program. See Section 2, Project Description, for additional information about the proposed project. 1.4 Purpose and Legal Authority The proposed project requires the discretionary approval of the City of Carlsbad; therefore, the project is subject to the environmental review requirements of CEQA PRC Section 21000, commonly referred to as the CEQA. As such, this SEIR is an informational document for use by the City of Carlsbad (Lead Agency), other agencies, and the general public in their consideration and evaluation of the environmental consequences of implementing the proposed project. In accordance with CEQA Guidelines Section 15121(a), the purpose of this SEIR is to:  Inform public agency decision makers and the pubic of any significant environmental effects that would result from the Housing Element Implementation and Public Safety Element Update;  Identify possible ways to minimize significant effects; and,  Identify reasonable alternatives to the Housing Element Implementation and Public Safety Element Update. This SEIR was prepared in accordance with CEQA Guidelines Section 15151, which defines the standards for EIR adequacy as follows: An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-4 environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. The 2015 General Plan EIR was a Program EIR as defined in CEQA Guidelines Section 15168 because it enabled the City of Carlsbad, as the Lead Agency, to examine the overall effects of a series of actions that can be characterized as one large project. Consistent with the 2015 General Plan EIR, this SEIR is a Program EIR under Section 15168(a) of the CEQA Guidelines. Section 15168(a) states that: A Program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) geographically; (2) as logical parts in a chain of contemplated actions; (3) in connection with issuance of rules, regulations, plans, or other general criteria, to govern the conduct of a continuing program; or (4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. This SEIR is intended to serve as a Program EIR under CEQA. Although the legally required contents of a Program EIR are the same as those of a Project EIR, Program EIRs are typically more conceptual and may contain a more general or qualitative discussion of impacts, alternatives, and mitigation measures than a Project EIR. As provided in CEQA Guidelines Section 15168, a Program EIR may be prepared on a series of actions that may be characterized as one large project. Use of a Program EIR provides the city with the opportunity to consider broad policy alternatives and program-wide mitigation measures, and provides the city with greater flexibility to address project-specific and cumulative environmental impacts on a comprehensive basis. A Program EIR is appropriate for the proposed project because it satisfies Section 15168(a). The project area for this analysis includes the incorporated city; is within a logical part in a chain of contemplated actions for implementation of the Housing Element and other updates to the General Plan; would be under the city’s rules, regulations, plans, and other general criteria; is carried out under one regulatory authority, the city; and would have generally similar environmental effects, as they relate to increasing housing units within the city, which can be mitigated in similar ways. Once a Program EIR has been prepared, subsequent activities within the program must be evaluated to determine whether an additional CEQA document needs to be prepared. However, if the Program EIR addresses the program’s effects as specifically and comprehensively as possible, many subsequent activities could be found to be within the Program EIR scope and additional environmental documents may not be required (14 CCR 15168[c]). When a Program EIR is relied on for a subsequent activity, the lead agency must incorporate feasible mitigation measures and alternatives developed in the Program EIR into the subsequent activities (14 CCR 15168[c][3]). If a subsequent activity would have effects that were not examined in the Program EIR, the lead agency must prepare a new Initial Study leading to a Negative Declaration, Mitigated Negative Declaration, or an EIR (14 CCR 15168[c][1]). The CEQA Guidelines encourage the use of Program EIRs, citing five advantages in Section 15168(b): Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, 1. 2. Introduction Supplemental Environmental Impact Report 1-5 Avoid duplicative reconsideration of basic policy considerations, Allow the Lead Agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and Allow reduction in paperwork. The proposed project involves the implementation of a broad policy planning document. The project-level details of the implementation of the proposed project would not be known at the time of preparation of the EIR. In this case, the Program EIR still serves a valuable purpose as the first-tier environmental analysis. The Program EIR approach would provide a sufficient level of analysis for the broad nature of the proposed project and future development goals. The city intends to take full advantage of the CEQA streamlining provisions in order to encourage the construction of more housing options quicker and more efficiently. The SEIR will help facilitate the opportunity for projects to utilize Public Resource Code Section 21159.24, which allows urban infill residential development that meets certain criteria be exempt from CEQA. The city would also facilitate the statutory Infill Housing Exemption by providing updated community level environmental review, as defined by Public Resources Code Section 21159.20, for properties designated for residential development by the General Plan. In addition, the city may utilize the SB266 CEQA streamlining provisions that was adopted as part of CEQA Guidelines Section 15183.3 to streamline review for eligible infill projects by limiting the topic subject to review at the project level. 1.5 Documents Incorporated by Reference As permitted by State CEQA Guidelines Section 15150, this SEIR has referenced several technical studies, analyses, and previously certified environmental documentation. Information from the documents, which have been incorporated by reference, has been briefly summarized in the appropriate section(s). The relationship between the incorporated part of the referenced document and the SEIR has also been described. The documents and other sources that have been used in the preparation of this SEIR are listed in Section 7, References and Preparers, of this SEIR. Technical appendices, used as a basis for much of the environmental analysis in the SEIR, have been summarized in the SEIR, and are provided under separate cover as part of the SEIR. The technical appendices are available for review at the City of Carlsbad Planning Division at 1635 Faraday Avenue, Carlsbad CA 92008. 1.6 Public Review and Participation Process The City of Carlsbad published and distributed a Notice of Preparation (NOP) of the SEIR for a 30-day agency and public review period starting on September 14, 2022, and ending on October 14, 2022. The city held two scoping meetings on September 26, 2022 (in-person) and September 28, 2022 (virtual). On October 13, 2022, the city issued an amended NOP extending the public comment period to October 26, 2022, and adding a third scoping meeting on October 19, 2022 (in-person). The scoping meetings were aimed at providing information about the proposed project to members of public agencies, interested stakeholders, residents, and community members. Awareness of the project and first two scoping meetings was provided via mailers to all property owners and residents within a 600-foot radius of each housing site. 3. 4. 5. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-6 The city received letters from three agencies in response to the NOP during the public review period, as well as numerous written comments via email and verbal comments during the scoping meetings. The NOP is presented in Appendix A of this SEIR. Table 1-1 summarizes the content of many of the letters, comment cards, and verbal comments received and where the issues raised are addressed in the EIR. All comments, including those that are non-CEQA related, are included in Appendix A and the administrative record. The City of Carlsbad also consulted with Native American Tribal representatives consistent with the requirements of SB 18 and AB 52. A summary of consultation activities is provided in Section 4.4, Cultural and Tribal Cultural Resources, of this SEIR. Table 1-1 NOP Comments and SEIR Response Commenter Comment/Request How and Where It Was Addressed Agency Comments California Department of Fish and Wildlife (CDFW) Recommends the SEIR include discussions in the Biological Resources section of direct, indirect, and cumulative impacts expected to adversely impact biological resources in public lands, open space, riparian ecosystems, and any designated or proposed existing reserve lands. Impacts on, and maintenance of, wildlife corridors and habitat linkages, including linkages that connect coastal California gnatcatcher populations, should be fully evaluated in the SEIR. Issue is discussed under Impacts BIO-2 and BIO-4 of Section 4.3, Biological Resources, of this SEIR. Recommends discussion of project consistency with the biological goals and guidelines outlined in the city’s Habitat Management Plan (HMP) and Implementation Agreement. In addition, the project should not preclude the completion of a viable reserve system as outlined in the HMP. Issue is discussed under Impact BIO-6 of Section 4.3, Biological Resources, of this SEIR. Recommends an analysis of impacts from changes in land use designations and zoning located nearby or adjacent to natural areas that may inadvertently contribute to wildlife-human interactions. A discussion of possible conflicts and mitigation measures to reduce these conflicts should be included in the SEIR. Issue is discussed under Impacts BIO-1, BIO-2, and BIO-5 of Section 4.3, Biological Resources, of this SEIR. Recommends a cumulative effects analysis, as described under CEQA Guidelines section 15130. General and specific plans, as well as future projects, should be analyzed relative to their impacts on similar plant communities and wildlife habitats. Issue is discussed in Section 4.3.4, Biological Resources - Cumulative Impacts, of this SEIR. California Department of Transportation (Caltrans) Requests new developments resulting from the project should provide a VMT based Traffic Impact Study (TIS) using OPR guidance. The TIS may also need to identify the proposed project’s near-term and long-term safety or operational issues, on or adjacent to any existing State facilities. Issue is discussed under Impact T-2 of Section 4.13, Transportation, of this SEIR. Requests the city include discussions and mapping/graphics that describe the city’s existing and future housing inventory per the city’s RHNA Existing and future housing inventory per the city’s RHNA is discussed in Section 2, Project Description. Introduction Supplemental Environmental Impact Report 1-7 Commenter Comment/Request How and Where It Was Addressed Suggests Carlsbad evaluate and potentially implement Complete Streets projects to improve bicycle and pedestrian access and safety. Issue is discussed under Impact T-1 of Section 4.13, Transportation, of this SEIR. Requests city continue to coordinate with Caltrans to implement necessary improvements at intersections and interchanges where the agencies have joint jurisdiction. No intersection or interchange improvements are included as part of this project. Nonetheless, the city will continue to coordinate with Caltrans as necessary. Native American Heritage Commission (NAHC) States that the proposed project is subject to the requirements and provisions under Assembly Bill (AB 52) for tribal cultural resources. Consultation required by AB 52 was carried out by the City of Carlsbad, as discussed in Section 4.4.3, Cultural and Tribal Cultural Resources – Existing Conditions, of this SEIR. Public Comments (by topic) Aesthetics Commenters expressed concern regarding changing the character of established neighbor- hoods Scenic resources and the potential for degrading existing visual character or quality of public views are discussed under Impacts AES-1 through AES-3 of Section 4.1, Aesthetics, of this SEIR. Air Quality and Greenhouse Gas Emissions Multiple commenters expressed concern regarding air pollution, including lead, from Palomar Airport over sites included in project Issues associated with air pollution generated from the proposed project are discussed under Impact AQ-2 of Section 4.2, Air Quality, of this SEIR. Issues associated with aerially-deposited lead are discussed in Section 4.7, Hazards and Hazardous Materials, of this SEIR. Commenters raised concern regarding dust control during construction and grading activities Issue is discussed under Impact AQ-3 of Section 4.2, Air Quality, of this SEIR. Commenters express concern regarding potential increase in greenhouse gas emissions beyond those addressed in the Climate Action Plan as a result of the project. Issue is discussed under Impact GHG-1 of Section 4.6, Greenhouse Gas Emissions, of this SEIR. Biological Resources Commenter expresses concern regarding increased coyote sightings and space for coyotes to roam outside of developed areas. Issue of impacts on habitat and special status species is discussed under Impacts BIO-4 and BIO-6 of Section 4.3, Biological Resources, of this SEIR. Commenter concerned potential development on site 10 would affect nesting habitat for hawks and owls. Issue of impacts on habitat and special status species is discussed under Impact BIO- 1 of Section 4.3, Biological Resources, of this SEIR. Commenter expresses concern regarding the preservation of older eucalyptus trees. Issue of the project conflicting with local policies or ordinances, such as a tree preservation policy, is discussed in Impact BIO-5 of Section 4.3, Biological Resources, of this SEIR. Commenter expresses concern for impacts on the Buena Vista Lagoon and Creek from project impacts. Issues to riparian areas are discussed under Impacts BIO-2 and BIO-3, as well as Impact HYD-4 of Sections 4.3, Biological Resources, and 4.8, Hydrology and Water Quality, of this SEIR. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-8 Commenter Comment/Request How and Where It Was Addressed Cultural and Tribal Cultural Resources Commenter representing Rincon Band of Luiseno Indians notes the City of Carlsbad is located within the Tribe’s Traditional Use Area and is asking to be consulted and provided the opportunity to provide input to the SEIR process. The Tribe also asks to attend any potential cultural resources field surveys. Comment is noted, issues regarding Tribal Cultural Resources are discussed in Section 4.4, Cultural and Tribal Cultural Resources, in this SEIR. As discussed in Section 4.4, tribal consultation letters were sent via certified mail to Cheryl Madrigal, Tribal Historic Preservation Officer of the Rincon Band of Luiseño Indians. Geology and Soils Commenters concerned Site 3, 8 would not be tenable due to topography Issue of potential hazards from project due to slopes discussed under Impacts GEO-2 through GEO-4 of Section 4.5, Geology and Soils, of this SEIR. Commenter notes paleontological concern near sites. Issue discussed under Impact GEO-6 of Section 4.5, Geology and Soils, of this SEIR. Commenter notes concern regarding expansive soils recorded on or near Sites 10 and 11. Issues related to expansive soils are discussed under Impact GEO-4 of Section 4.5, Geology and Soils, of this SEIR. Hazards and Hazardous Materials Commenters expressed concern regarding safety from McClellan-Palomar Airport Issue is discussed under Impact HAZ-4 of Section 4.7, Hazards and Hazardous Materials, of this SEIR. Commenter notes concern regarding toxic spills on sites near commercial areas. Issue is discussed under Impact HAZ-3 of Section 4.7, Hazards and Hazardous Materials, of this SEIR. Hydrology and Water Quality Commenter expressed concern regarding runoff during construction. Issue is discussed under Impacts HYD-1 and HYD-2 of Section 4.8, Hydrology and Water Quality, of this SEIR. Land Use and Planning Requests review of sites in relation to Palomar Airport Land Use Compatibility Plan Issue is discussed under Impact HAZ-4 of Section 4.7, Hazards and Hazardous Materials, and Impact NOI-4, of Section 4.10, Noise, of this SEIR. Noise Commenters expressed concern regarding noise from McClellan-Palomar Airport over sites included in project. Issue is discussed under Impact NOI-4 of Section 4.10, Noise, of this SEIR. Commenters express concerns regarding noise from potential increase of traffic. Issue is discussed under Impact NOI-2 of Section 4.10, Noise, of this SEIR. Public Services Multiple commenters express concern of potential increase in crime with additional housing. This is not a CEQA issue and will not be directly discussed in this SEIR. However, Section 4.12, Public Services and Recreation, analyzes the effects of potential increased population on police facilities and protection. Recreation Commenters expressed concern regarding the loss of any open space and potential for parks on site. Issue is discussed under Impact PS-4 of Section 4.12, Public Services and Recreation, of this SEIR. Transportation Commenters express concern regarding the impact of increased development of sites on emergency evacuation, particularly Site 10. Issue is discussed under Impacts HAZ-5, T-4 and WF-2 of Sections 4.7, Hazards and Hazardous Materials, 4.13, Transportation, and 4.15, Wildfire, of this SEIR. Introduction Supplemental Environmental Impact Report 1-9 Commenter Comment/Request How and Where It Was Addressed Commenters express concern for potential traffic and congestion increases in the Village, on El Camino Real, College Blvd, Cannon Road, and other corridors and intersections. As discussed in Section 4.13, Transportation, of this SEIR, pursuant to SB 743, vehicle miles traveled (VMT) would replace level of service (LOS) as the metric for determining significance of transportation impacts. Therefore, this SEIR does not analyze LOS or congestion as they are non-CEQA issues. Commenters note need for VMT analysis regarding project impacts. Issue is discussed under Impact T-2 of Section 4.13, Transportation, of this SEIR. Commenter requests projects currently in development are taken into account in SEIR. Issue is discussed under Section 4.13.3, Transportation – Cumulative Impacts, of this SEIR. Utilities and Service Systems Commenter concerned electrical grid will be able to handle additional residents on sites such as site 10. Impacts associated with electrical infrastructure to connect new development are discussed in Section 4.14, Utilities and Service Systems. Commenters noted concerns of maintaining adequate water supply given population increase on potential sites. Issue is discussed Impact UTIL-2 of Section 4.14, Utilities and Service Systems, of this SEIR. Commenter notes a concern of the additional population on sewage collection and treatment and solid waste services. Issue is discussed Impact UTIL-3 and UTIL-4 of Section 4.14, Utilities and Service Systems, of this SEIR. 1.7 SEIR Content This SEIR has been organized into seven sections. These include: 1) Introduction. Provides the project background, and information about the purpose and legal authority of a SEIR, and SEIR content and scope. 2) Project Description. Identifies the project lead agency, presents and discusses the project objectives, project locations and specific project characteristics. 3) Environmental Setting. Provides a description of the existing physical setting of the project area and an overview of the progress in implementing the Housing Element Implementation and Public Safety Element Update. 4) Analysis of Environmental Issues. Describes existing conditions found in the project area and assesses potential environmental impacts that may be generated by implementing the proposed project and cumulative development. These potential project impacts are compared to “thresholds of significance” in order to determine the nature and severity of the direct and indirect impacts. Mitigation measures, intended to reduce adverse, significant impacts below threshold levels, are proposed where feasible. Impacts that cannot be eliminated or mitigated to less-than-significant levels are also identified. 5) Other CEQA-Required Discussions. Identifies the spatial, economic, or population growth impacts that may result from implementation of the proposed project, as well as long-term effects of the project and significant irreversible environmental changes. 6) Alternatives. Presents and assesses the potential environmental impacts of three alternatives (one no-build) analyzed in addition to implementation of the proposed Housing Element Implementation and Public Safety Element Update. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-10 7) References/Preparers. Lists all published materials, federal, State, and local agencies, and other organizations and individuals consulted during the preparation of this SEIR. It also lists the SEIR preparers. 1.8 Scope of this SEIR This SEIR programmatically analyzes the effects of the proposed Housing Element Implementation and Public Safety Element Update Project, which consists of (1) the rezone of specific sites in the city designed to meet current and projected future housing needs of Carlsbad and, (2) for the Public Safety Element Update, the addition of requirements of new State legislation and the incorporation of new policies based on local and regional data. As noted in more detail in Section 3, Environmental Setting, the cumulative effects of the Housing Element Implementation and Public Safety Element Update along with the probable future growth in the San Diego Association of Governments region are included in the analysis at the end of each impact section. For environmental issue areas that may result in an increased level of impact or a potential change in impact level from the 2015 General Plan EIR, based on new information or changes to regulations or circumstance since the 2015 General Plan EIR certification, those issue areas are further reviewed in this SEIR. These issues have been determined to be:  Aesthetics  Air Quality  Biological Resources  Cultural and Tribal Cultural Resources  Geology and Soils  Greenhouse Gas Emissions  Hazards and Hazardous Materials  Hydrology and Water Quality  Land Use and Planning  Noise  Population and Housing  Public Services and Recreation  Transportation  Utilities and Service Systems  Wildfire If previous mitigation measures from the 2015 General Plan EIR still apply and would reduce impacts to a less-than-significant level, those measures are listed in the SEIR in the same manner as in the 2015 General Plan EIR. The level of detail contained throughout this SEIR is consistent with the requirements of CEQA and applicable court decisions. CEQA Guidelines Section 15151 provides the standard of adequacy on which this document is based: An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of the proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. Introduction Supplemental Environmental Impact Report 1-11 In preparing the SEIR, use was made of pertinent policies and guidelines, certified EIRs and adopted CEQA documents, and other background documents. A full reference list is contained in Section 7, References. 1.9 Baseline and Approach for Impact Analysis The concept of a significant effect on the environment focuses on changes to the baseline physical conditions that will arise as a result of the project (CEQA Guidelines Section 15002(g)). Potential new impacts associated with the Housing Element Implementation and Public Safety Element Update are determined through this process as mandated by CEQA. Buildout of the 2015 General Plan EIR is measured as the baseline, except in cases of changed circumstances or new impacts not evaluated in the 2015 General Plan EIR. In these cases, existing conditions at the time the NOP for this SEIR was published are measured as baseline, consistent with Section 15125 of the CEQA Guidelines. As described above, the NOP for this SEIR was published on September 14, 2022. As described above, the proposed Housing Element Implementation and Public Safety Element Update is an update of the current 2015 General Plan. The impacts of the current General Plan were analyzed in the previously certified 2015 General Plan EIR, which was a Program EIR. The analysis in this SEIR is also programmatic and is focused on the potential changes in environmental effects that could result from the updates to the General Plan, Zoning Ordinance, and other documents that are included in the proposed project, including updates or changes to policies, projects, and growth scenarios. Therefore, this SEIR is being prepared to analyze only the changes to the General Plan or changes in circumstances under which the projects would be implemented since certification of the previous 2015 General Plan EIR which occurred on September 22, 2015. 1.10 Lead, Responsible, and Trustee Agencies The CEQA Guidelines define lead, responsible and trustee agencies. The city of Carlsbad is the lead agency for the project because it holds principal responsibility for approving the project. A responsible agency refers to a public agency other than the lead agency that has discretionary approval over the project. The Carlsbad City Council is the final approving authority, with the exception of the proposed changes to the Local Coastal Program (LCP Land Use Map, Zoning Map, Zoning Ordinance, master and specific plans, as applicable in the Coastal Zone), which are subject to California Coastal Commission approval. Therefore, the California Coastal Commission is a responsible agency with approval authority over changes to the Local Coastal Plan. A trustee agency refers to a State agency having jurisdiction by law over natural resources affected by a project. There are no trustee agencies for the proposed project or EIR. Implementation of the proposed project would not directly cause development in areas where trustee agencies mentioned in CEQA Guidelines Section 15386 have jurisdiction. However, future development projects could be located on lands under trustee agency jurisdiction, at which time subsequent environmental review would occur. 1.11 Environmental Review Process The environmental impact review process, as required under CEQA, is summarized below and illustrated in Figure 1-1. The steps are presented in sequential order. Please note that the process summarized below is for an EIR consistent with the referenced sections of the CEQA Guidelines. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-12 However, CEQA Guidelines Section 15163(e) requires the same kind of notice and public review for an SEIR as given to a Draft EIR. Therefore, the process summarized below is also applicable to this SEIR. 1. Determination that a SEIR is warranted. When an EIR has been certified for a project, a lead agency must determine if a Supplemental EIR should be prepared if only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in a changed situation. As described in Section 1.2, Basis for a Supplemental EIR, the proposed project would involve changes to the General Plan which require revisions to the 2015 General Plan EIR. Therefore, the City has determined that the preparation of a Supplemental EIR is the appropriate approach to CEQA compliance. NOP. Pursuant to the provision of CEQA Guidelines Section 15082, the City (as lead agency) issued a NOP for public review and comment (see Appendix A of this SEIR). As required by CEQA Guidelines Section 15375, an NOP is a brief document sent by the lead agency to notify the responsible agencies, trustee agencies, the Governor’s Office of Planning and Research (OPR), and other involved agencies that the lead agency plans to prepare a SEIR for a project. The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the SEIR and to solicit recommendations and develop information regarding the scope, focus, and content of the SEIR. The Lead Agency (City of Carlsbad) must file a NOP soliciting input on the EIR scope (or SEIR scope) to the State Clearinghouse, other concerned agencies, and parties previously requesting notice in writing (CEQA Guidelines Section 15082; Public Resources Code Section 21092.2). The NOP must be posted in the County Clerk’s office for 30 days. Draft SEIR Prepared. The Draft SEIR must contain: a) table of contents or index; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts (direct, indirect, cumulative, growth-inducing and unavoidable impacts); f) a discussion of alternatives; g) mitigation measures; and h) discussion of irreversible changes. The contents of an SEIR, though not explicitly listed in the CEQA Guidelines, are generally assumed to be the same as a Draft EIR. Notice of Completion (NOC). The Lead Agency must file a NOC with the State Clearinghouse when it completes the Draft SEIR and prepare a Public Notice of Availability of a Draft SEIR. The Lead Agency must post the NOC in the County Clerk’s office for 30 days (Public Resources Code Section 21092) and send a copy of the NOC to anyone requesting it (CEQA Guidelines Section 15087). Additionally, public notice of the Draft SEIR availability must be given through at least one of the following procedures: a) publication in a newspaper of general circulation; b) posting on and off the project site; and c) direct mailing to owners and occupants of contiguous properties. The lead agency must solicit input from other agencies and the public and respond in writing to all comments received (Public Resources Code Sections 21104 and 21253). The minimum public review period for a Draft SEIR is 30 days. When Draft SEIR is sent to the State Clearinghouse for review, the public review period must be 45 days unless the State Clearinghouse approves a shorter period (Public Resources Code 21091). Pursuant to Section 15163(d) of the CEQA Guidelines, a SEIR may be circulated by itself without recirculating the previous Draft EIR or Final EIR that it supplements. Final SEIR/Mitigation Monitoring. A Final SEIR consists of the Draft SEIR; revisions to the Draft SEIR; responses to comments addressing concerns raised by individuals, organizations, and public agencies or other reviewing parties; and a Mitigation Monitoring and Reporting Program (MMRP). According to PRC Section 21081.6, for projects in which significant impacts would be 2. 3. 4. 5. Introduction Supplemental Environmental Impact Report 1-13 minimized by mitigation measures, the lead agency must include an MMRP. The purpose of an MMRP is to ensure compliance with required mitigation measures during implementation of the project. After the Final SEIR is completed, and at least 10 days prior to its certification, a copy of the response to comments on the Draft SEIR will be provided or made available to all commenting parties. Certification of Final SEIR. Prior to making a decision on a proposed project, the Lead Agency must certify that: a) the Final SEIR has been completed in compliance with CEQA; b) the Final SEIR was presented to the decision-making body of the Lead Agency; and c) the decision-making body reviewed and considered the information in the Final SEIR prior to approving a project (CEQA Guidelines Section 15090). Findings/Statement of Overriding Considerations. For each significant impact of the project identified in the SEIR, the Lead Agency must find, based on substantial evidence, that either: a) the project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to the project are within another agency’s jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (CEQA Guidelines Section 15091). If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision. Lead Agency Project Decision. The Lead Agency may a) disapprove the project because of its significant environmental effects; b) require changes to the project to reduce or avoid significant environmental effects; or c) approve the project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (CEQA Guidelines Sections 15042 and 15043). Pursuant to Section 15163(e) of the CEQA Guidelines, when the Lead Agency decides whether to approve the project, the decision-making body shall consider the previous EIR as revised by the SEIR. A finding under Section 15091 of the CEQA Guidelines shall be made for each significant effect shown in the previous EIR as revised. Mitigation Monitoring Reporting Program. When the Lead Agency makes findings on significant effects identified in the SEIR, it must adopt a reporting or monitoring program for mitigation measures that were adopted or made conditions of project approval to mitigate significant effects. Notice of Determination (NOD). The Lead Agency must file a NOD after deciding to approve a project for which an SEIR is prepared (CEQA Guidelines Section 15094). A local agency must file the NOD with the County Clerk. The NOD must be posted for 30 days and sent to anyone previously requesting notice. Posting of the NOD starts a 30-day statute of limitations on CEQA legal challenges (Public Resources Code Section 21167[c]). 6. 7. 8. 9. 10. City of Carlsbad Housing Element Implementation and Public Safety Element Update 1-14 Figure 1-1 Environmental Review Process Lead Agency determines SEIR is warranted Lead Agency files Notice of Determination with County Clerk Lead Agency solicits input from agencies + public on the content of the Draft SEIR Lead Agency solicits comment from agencies+ public on the adequacy of the Draft SEIR Responsible Agency decision-making bodies consider the Final SEIR Project Description Supplemental Environmental Impact Report 2-1 2 Project Description The Housing Element Implementation and Public Safety Element Update (herein referred to as the “proposed project”) consists of amendments to the Carlsbad General Plan adopted in 2015 (“2015 General Plan”), including the Land Use and Community Design Element and Public Safety Element, and revisions to Carlsbad Municipal Code (CMC) Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city’s Housing Element Update 2021-2029 (“Housing Element”), which was adopted by the Carlsbad City Council on April 6, 2021, and comply with changes in state law. A major component of the project is the change of land use and zoning designations on 18 sites (herein referred to as the “rezone sites”) throughout Carlsbad to facilitate residential development. These rezone sites, identified in the Housing Element and as further directed by the City Council, consist of single or multiple properties currently designated for low-density residential, commercial, industrial or public land uses. As proposed, the rezone sites would be partially or entirely redesignated to medium or high-density residential land use designations. This would require changes to the General Plan and Local Coastal Program land use maps, Zoning Ordinance and Zoning Map, and to various master and specific plans. The project proposes no development as further discussed below. This section describes the project, including the applicant, the rezone sites and locations, major characteristics, objectives, and discretionary actions needed for approval. This section also summarizes key aspects of the 2015 General Plan that have the potential to result in physical environmental effects compared to what was previously analyzed under the Environmental Impact Report (EIR) for the General Plan (“2015 General Plan EIR”) certified in September 2015. 2.1 Project Proponent and Lead Agency City of Carlsbad Community Development Department Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Contact: Scott Donnell, 442-339-2618, scott.donnell@carlsbadca.gov 2.2 Project Location The City of Carlsbad is located on the coast of the Pacific Ocean in northwest San Diego County and encompasses approximately 39 square miles of land area. Carlsbad is surrounded by the cities of Oceanside to the north, Encinitas to the south, and Vista and San Marcos and unincorporated areas of San Diego County to the east. Along Carlsbad’s northern edge, urban development abuts Highway 78, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Similarly, Batiquitos Lagoon along the city’s southern edge acts as a boundary between Carlsbad and Encinitas. To the east, city boundaries are less distinctive, as a mix of hillsides and urban development are located adjacent to the cities of Vista and San Marcos and unincorporated county lands. The city’s regional location is depicted in Figure 2-1. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-2 Figure 2-1 Regional Location p 0 0 2.5 5 Mi s Ma -reCOl)E 6aEe ca p Pe eto~ (I I] Carlshad City Limits A I '> .,.t ~J I I '>:9s,_j,--.---· .-•• ~,!.,...._,.i. ..., 1- 0cean!;fd,e Mi_,. ',. (._ c,·1 •, .. " -i/¢-·· (. ,..,..,.J ~· I , ~f j _,_I ~1--,_~ -,"'1, ,_ ci;, ❖ } I --""-"··· :!imlV ion.. f(l,::.."t' Los Angeles Ontodo -.... ......,---Nllnlct.a * 5an Diego ,; - , I, 1 -f ~-l l -_#L Project Description Supplemental Environmental Impact Report 2-3 Figure 2-2 Carlsbad City Boundaries /tmrq'Erl' pra¥i::lrrd ~ Mi:.ra:iia{.! l!imf rzwrJ rh lk.m.an C MM. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-4 2.3 Background The city recently updated its Housing Element to be in compliance with State housing legislation. The updated Housing Element was adopted by the Carlsbad City Council on April 6, 2021. Updates to the Housing Element triggered the need for changes to the 2015 General Plan to, among others, create new land use designations (R-35 and R-40) and accommodate higher density residential development. The recent approval of the Housing Element has also triggered required analysis and compliance with recent and new state safety legislation. The project would address the requirements of new state legislation and incorporate new policies into the Public Safety Element based on updated local and regional data. Furthermore, the Housing Element resulted in necessary changes to be made to the Zoning Ordinance, Local Coastal Program, and various specific and master plans, to maintain consistency across all documents. Changes in large part are necessary so the city can demonstrate it has adequate sites to accommodate residential development at suitable densities to meet its Regional Housing Needs Assessment, or RHNA, objectives. These changes would amend the land use and zoning designations of multiple sites in Carlsbad. The proposed changes to land use and zoning designations have been presented and discussed with the community on many occasions, including as part of the Housing Element adoption in April 2021, a City Council meeting in August 2021, public outreach conducted in fall 2021, and a City Council meeting on Feb. 15, 2022. At the February 2022 meeting, the City Council provided direction on specific sites to analyze environmentally as part of this SEIR and present for possible land use changes through the public hearing process. The Housing Element was analyzed under its own respective CEQA document, an Addendum to the 2015 General Plan EIR which was approved by the City Council also on April 6, 2021 (SCH#2011011004). Thus, for the purposes of this Supplemental Environmental Impact Report (SEIR), the discussion in this SEIR will be primarily focused on the proposed changes within the 2015 General Plan, Zoning Ordinance, and other documents and not on the Housing Element as that was already analyzed in its own CEQA Addendum document. 2.3.1 Land Use and Zoning Designations The City of Carlsbad currently has two broad land use categories including Residential and Non- Residential and Mixed-Use. Under the Residential land use category, there are currently six residential land use designations, not including those that may be combined with other designations (e.g., R-15/L). These land use designations range from R-1.5 to accommodate single family dwellings to R-30 for the accommodation of multi-family dwellings. Under the Non-Residential and Mixed-Use land use category, there are currently eleven land use designations, not including those that may be combined with other designations. These designations cover various land uses from commercial, office, industrial, manufacturing, open space, transportation corridors, and the Village-Barrio Master Plan area. Some of these land use designations allow residential uses, but do not prioritize residential development. Figure 2-3 illustrates the locations of the existing General Plan land uses designations throughout the city. Table 2-1 provides the current breakdown of land use designations that are present in the city. Table 2-2 provides the current breakdown of zoning designations that are present in the city. Project Description Supplemental Environmental Impact Report 2-5 Figure 2-3 Existing General Plan Land Use Designations Carlsbad City Boundary -+--Railroad General Plan Land Use --- R-1.5 -Residential 0-1.5 du/ac R-4 -Residential 0-4 du/ac R-8 -Residential 4-8 du/ac R-15 -Residential 8-15 du/ac R-15/L -Residential 8-15 du/ac/Local Shopping Center R-15/O -Residential 8-15 du/ac/Office R-15/VC -Residential 8-15 du/ac/Visitor Commercial -R-23 -Residential 15-23 du/ac -R-30 -Residential 23-30 du/ac -V-B -Village-Barrio -L -Local Shopping Center ---- L/CF -Local Shopping Center/ Community Facilities GC -General Commercial VC -Visitor Commercial VC/OS -Visitor Commercial/Open Space R -Regional Commercial Pl -Planned Indust rial Pl/O -Planned Industrial/Office O -Office -P -Public -CF -Community Facilities -OS -Open Space -TC -Transportation Corridor N 0.75 1.5 J.. '----M-l;'l-ie-,----'I ,--.._ Jmogery provrded by Esri and its liceMors ~ 2022. Add;tionol data provided by the c;zy of Carlsbad, 2022. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-6 Table 2-1 Existing Land Use Designations (2022) Land Use Acres Percent of Total Residential 8,381 38.1% R-1.5 – Residential 0-1.5 du/ac 546.8 2.5% R-4 – Residential 0-4 du/ac 4,825.7 21.9% R-8 - Residential 4-8 du/ac 1,849.8 8.4% R-15- Residential 8-15 du/ac 808.6 3.7% R-23 – Residential 15-23 du/ac 331.6 1.5% R-30 - Residential 23-30 du/ac 18.6 .1% Mixed Use 22.8 .1% R-15/L – Residential 8-15 du/ac/Local Shopping Center 17.9 <.1% R-15/O – Residential 8-15 du/ac/Office 1.3 <.1% R-15/VC – Residential 8-15 du/ac/Visitor Commercial 3.6 <.1% Commercial/Industrial 3,217.1 14.6% V-B Village-Barrio 263.9 1.2% L-Local Shopping Center 157.2 <.1% L/CF – Local Shopping Center/Community Facilities 14.3 <.1% GC – General Commercial 59.8 0.3% VC – Visitor Commercial 439.6 2% VC/OS - Visitor Commercial/Open Space 70.9 0.3% R – Regional Commercial 238.2 1.1% PI – Planned Industrial 1,811.1 8.2% PI/O – Planned Industrial/Office 53.9 0.2% O – Office 108.1 0.5% Public/Quasi-Public Total 1,221.5 5.6% P – Public 765.3 3.5% CF- Community Facilities 930 4% TC – Transportation Corridor 427.4 1.9% OS – Open Space 9,174.1 41.7% Grand Total 22,016.5 100% 1. Percentages may not add up due to rounding. 2. Planned land uses, such as open space, may differ than existing land uses shown in this table. Sources: City of Carlsbad Land Use Map Project Description Supplemental Environmental Impact Report 2-7 Table 2-2 Existing Zoning Designations (2022) Zoning District Acreage Percentage of Total Acreage R-A – Residential Agriculture 226.6 1.03% R-E – Rural Residential Estate 184.37 0.84% R-1 -One-Family Residential 2872.29 13.05% R-2 – Two-Family Residential 98.24 0.45% R-3 – Multiple Family Residential 164.4 0.75% RD-M – Residential Density-Multiple 1086.87 4.94% RD-M/C-2 - Residential Density-Multiple/ General Commercial 32.82 0.15% RD-M/C-2/OS - Residential Density-Multiple/General Commercial/ Open Space 39.75 0.18% RD-M/OS - Residential Density-Multiple/ Open Space 7.71 0.04% RMHP – Residential Mobile Home Park 204.6 0.93% R-T – Residential Tourist 3.32 0.02% R-W – Residential Waterway 10.34 0.05% R-P-Q – Residential Professional with “Q,” Qualified Development Overlay Zone 8.24 0.04% O – Office 93.92 0.43% C-L – Local Shopping Center 88.15 0.40% C-2 – General Commercial 192.08 0.87% C-T – Commercial Tourist 284.13 1.29% RD-M/TC 5.8 0.03% RD-M/C-T 1.21 0.01% C-M – Heavy Commercial – Limited Industrial Zone 434.17 1.97% M – Industrial 372.62 1.69% P-M – Planed Industrial 1094.25 4.97% P-M/O – Planned Industrial and Office 42.52 0.19% P-U – Public Utility 208.59 0.95% V-B – Village-Barrio 256.09 1.16% V-B, T-C 7.75 0.04% P-C – Planned Community 8499.7 38.61% L-C – Limited Control 161.26 0.73% OS – Open Space 4834.44 21.96% CR-A/OS – Cannon Road-Agricultural/Open Space 72.55 0.33% T-C – Transportation Corridor 427.42 1.94% Total 22016.2 100.00% Sources: City of Carlsbad Zoning Map The city implements the provisions outlined in CMC Title 21 Zoning to classify, regulate, restrict and segregate the uses of land and buildings. The city’s Zoning Ordinance intends to maintain consistency with the land use designations set forth in the 2015 General Plan through more detailed provisions and standards for both existing and new development. The Zoning Ordinance contains 36 zones and overlay zones to regulate various land uses and types of development throughout the City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-8 city. More than one zoning district may be consistent with a single General Plan land use designation. 2.4 Project Characteristics 2.4.1 Legislative Requirements A “Project,” as defined by the California Environmental Quality Act (CEQA) Guidelines, means “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is the enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100–65700” (14 Cal. Code of Reg. 15378[a]). For the purposes of this SEIR, the “project” would:  Amend the City of Carlsbad’s General Plan by updating the Land Use and Community Design Element to implement programs of the Housing Element, including facilitating residential development on 18 rezone sites identified in the Housing Element and as further directed by the City Council on Feb. 15, 2022.  Consistent with the project’s General Plan changes, revise the Zoning Ordinance.  Amend the Local Coastal Program as necessary to maintain consistency with the General Plan and Zoning Ordinance.  Revise various master plans and specific plans as necessary to reflect amendments to the General Plan, Zoning Ordinance, and Local Coastal Program.  Update the Public Safety Element to comply with State housing and safety legislation. 2.4.2 Objectives of the General Plan According to California Government Code Section 65302, General Plans are required to cover the following “elements” or topics: land use, circulation, housing, conservation, open space, noise, safety, and if applicable, air quality and environmental justice. Jurisdictions may include any other topic that is relevant to planning its future. The Carlsbad General Plan, adopted in 2015, includes all required elements plus elements that discuss arts, culture, history and education; economy, business diversity, and tourism; and sustainability. Under State law, the General Plan must serve as the foundation upon which all land use decisions are based, and must also be comprehensive, internally consistent, and have a long-term perspective. State law further mandates that the General Plan:  Identify land use, circulation, environmental, economic, and social goals and policies for the city and its surrounding planning area (i.e., the city’s sphere of influence) as they relate to future growth and development;  Provide a basis for local government decision-making, including decisions on development approvals and exactions;  Provide citizens the opportunity to participate in the planning and decision-making process of their communities; and  Inform citizens, developers, decision-makers, and other cities and counties of the ground rules that guide development within a particular community. Project Description Supplemental Environmental Impact Report 2-9 The General Plan functions as a guide to the type of community that Carlsbad citizens desire and provides the means by which that desired future can be achieved. Carlsbad is a community that values its small-town feel, community heritage, and natural setting. The city is committed to encouraging economically sustainable, balanced growth that respects its natural environment and long standing history, while meeting additional needs such as infrastructure and housing. The Carlsbad General Plan’s vision for the future focuses on the following core values and priorities: Small town feel, beach community character and connectedness. Enhance Carlsbad’s defining attributes—its small-town feel and beach community character. Build on the city’s culture of civic engagement, volunteerism and philanthropy. Open space and the natural environment. Prioritize protection and enhancement of open space and the natural environment. Support and protect Carlsbad’s unique open space and agricultural heritage. Access to recreation and active, healthy lifestyles. Promote active lifestyles and community health by furthering access to trails, parks, beaches and other recreation opportunities. The local economy, business diversity and tourism. Strengthen the city’s strong and diverse economy and its position as an employment hub in north San Diego County. Promote business diversity, increased specialty retail and dining opportunities, and Carlsbad’s tourism. Walking, biking, public transportation and connectivity. Increase travel options through enhanced walking, bicycling and public transportation systems. Enhance mobility through increased connectivity and intelligent transportation management. Sustainability. Build on the city’s sustainability initiatives to emerge as a leader in green development and sustainability. Pursue public/ private partnerships, particularly on sustainable water, energy, recycling and foods. History, the arts and cultural resources. Emphasize the arts by promoting a multitude of events and productions year-round, cutting-edge venues to host world- class performances, and celebrate Carlsbad’s cultural heritage in dedicated facilities and programs. High quality education and community services. Support quality, comprehensive education and life-long learning opportunities, provide housing and community services for a changing population, and maintain a high standard for citywide public safety. Neighborhood revitalization, community design and livability. Revitalize neighborhoods and enhance citywide community design and livability. Promote a greater mix of uses citywide, more activities along the coastline, and link density to public transportation. Revitalize the downtown Village as a community focal point and a unique and memorable center for visitors, and rejuvenate the historic Barrio neighborhood. 2.4.3 Proposed Amendments to the General Plan Land Use and Community Design Element The Land Use and Community Design Element provides the long-term vision, goals, and policies for Carlsbad through the year 2035. The focus is on the accommodation of change and growth in the city, while preserving and enhancing the features and attributes that make it a desirable place to live. As discussed in Section 2.3.1, the Land Use and Community Design Element identifies two primary land use categories including Residential and Non-Residential and Mixed-Use. Implementation of the city’s Housing Element as noted above triggers the need to make changes to the Land Use and Community Design Element, including the Land Use Map. These changes include 1. 2. 3. 4. 5. 6. 7. 8. 9. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-10 the proposed addition of two new residential land use designations (R-35 and R-40) for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city’s RHNA share. Table 2-3 below lists the new land use designations including the addition of R-35 and R-40, which are indicated with underlines. Designations below that are combined (e.g., R-30/OS) retain the attributes of each individual designation and would be applied to sites to indicate different residential densities and land uses that could occur there. Table 2-3 Proposed Land Uses Land Use Acres Percent of Total Residential 8,461 38.44% R-1.5 – Residential 0-1.5 du/ac 546.8 2.48% R-4 – Residential 0-4 du/ac 4,805.50 21.83% R-8 - Residential 4-8 du/ac 1,849.80 8.40% R-15- Residential 11.5-15 du/ac 806.21 3.66% R-15/R-30 - Residential 11.5-15 du/ac / Residential 26.5-30 du/ac 17.8 0.08% R-23 – Residential 19-23 du/ac 331.6 1.51% R-23/P - Residential 19-23 du/ac / Public 5.83 0.03% R-23/OS - Residential 19-23 du/ac / Open Space 19.73 0.09% R-30 - Residential 26.5-30 du/ac 48.67 0.22% R-30/OS - Residential 26.5-30 du/ac / Open Space 9.16 0.04% R-35 – Residential 32.5-35 du/ac 14.05 0.06% R-40 Residential 37.5-40 du/ac 5.32 0.02% Mixed Use 78 0.35% R-15/O – Residential 11.5-15 du/ac/Office 1.3 0.01% R-15/VC – Residential 11.5-15 du/ac/Visitor Commercial 1.18 0.01% R/R-40 - Regional Commercial / Residential 37.5-40/du/ac 3.64 0.02% R/R-40/R-23 - Regional Commercial/ Residential 37.5-40 du/ac / Residential 19-23 du/ac 28.81 0.13% R/R-40/R-23/OS - Regional Commercial/Residential 37.5-40 du/ac / Residential 19- 23 du/ac / Open Space 23.6 0.11% R/R-40/OS - Regional Commercial/ Residential 37.5-40 du/ac / Open Space 19.39 0.09% Commercial/Industrial 3,084.34 14.01% V-B Village-Barrio 256.15 1.16% L-Local Shopping Center 157.2 0.71% L/CF – Local Shopping Center/Community Facilities 14.3 0.06% GC – General Commercial 55.96 0.25% VC – Visitor Commercial 439.6 2.00% VC/OS - Visitor Commercial/Open Space 70.9 0.32% R – Regional Commercial 162.9 0.74% PI – Planned Industrial 1,779.39 8.08% PI/O – Planned Industrial/Office 42.51 0.19% Project Description Supplemental Environmental Impact Report 2-11 Land Use Acres Percent of Total O – Office 97.68 0.44% Public/Quasi-Public Total 1,211.50 5.50% P – Public 755.31 3.43% CF- Community Facilities 930 4.23% TC – Transportation Corridor 427.4 1.94% OS – Open Space 9,174.10 41.68% Grand Total 22,010.00 Notes: Red text indicates new land use designations to facilitate implementation of the 2021-2029 Housing Element Proposed Changes to Sites A critical measure of compliance with state housing element law is the ability of a jurisdiction to accommodate its share of the region’s housing needs. This is accomplished by providing plans, policies, and programs designed to meet the city’s RHNA. For San Diego County, the state, through the San Diego Association of Governments (SANDAG), projected the region’s growth for an 8-year projection period between April 15, 2021, and April 15, 2029. SANDAG set Carlsbad’s RHNA target at 3,873, broken into very low income (1,311 units), low income (784 units), moderate income (749 units), and above moderate income (1,029 units). Furthermore, the state strongly advises that jurisdictions incorporate a buffer in their original RHNA allocation of Housing Element sites inventory of at least 15% to 30% more capacity than is required. For the 6th Housing Element cycle, the city accounted for a 30% buffer, based on the city’s total RHNA allocation. The buffer equates to 854 units (629 lower and 225 moderate income units). To help achieve the city’s designated RHNA, the city proposes under this project to undergo both General Plan land use and zoning map amendments as necessary to permit housing on the 18 rezone sites identified in the Housing Element and as directed by City Council in February 2022. The 18 rezone sites are shown below in Figure 2-4. This effort also implements Program 1.1 of the Housing Element. Table 2-4 shows the existing and proposed land use and zoning map amendments to permit housing on the identified housing sites. As the table notes, not all sites require rezoning but have been identified because of their potential to develop with residential units. Further, to maintain consistency with proposed land use and zoning, amendments are required as well to various master and specific plans and to the Local Coastal Program for properties in the Coastal Zone. Out of the 3,873 units in the RHNA, 3,295 units, which factors in the state-advised buffer, will be part of the rezone program as the city’s existing inventory of residential land is inadequate to accommodate these units. Housing Element Program 1.1 (specifically, program objectives a. – d.) was established to rezone properties as necessary to make up the shortfall. Because most of the needed units are in the lower income category, most sites must be rezoned at densities of 26.5 units per acre or more. At these densities, apartments of three or more stories are common. As shown in Figure 2-4, of the 18 rezone sites, ten sites are north of Palomar Airport Road and eight are south. Most of the sites are privately owned, three are owned by the city and two by the North County Transit District. The identified sites are located in each quadrant and each of the four City Council Districts. The quadrants divide the city into four geographic areas along El Camino Real and Palomar Airport Road, and each Council District includes portions of two or more quadrants. The sites are currently designated for commercial, industrial, public, and residential uses, or a City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-12 combination of uses, such as commercial and residential, in the Village and elsewhere. At the time of publication of this SEIR, two sites have approved projects, and one site has an active development application. Owners of most of the sites have expressed interest in having their properties rezoned to allow for this type of development. If the sites’ full potential is realized and developed at rents or purchase prices considered affordable to lower and moderate-income households, the city would be able to accommodate its designated RHNA for the 6th Housing Element cycle and provide the state-recommended buffer. Project Description Supplemental Environmental Impact Report 2-13 Figure 2-4 Proposed Rezone Sites Locations ,~ .. ~ \ ' ~- Highway Major Street Planned Street Railroad D Coastal Zone Potential Housing Sites • . . ' D -D Convert government-owned property to allow housing Convert commercial property to allow housing Increase units allowed on properties that already allow housing Convert vacant industrial property to allow housing * Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map 0 0.75 N 1.5 i-. '----M-'ll--ie-,----'1 f\ Imagery provided by Esri and its licensors © 2023. Additional data provided by City of Carlsbad, 2023. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-14 Table 2-4 Proposed General Plan Land Use and Zoning Map Changes Site # Location APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existing Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation, if Present Proposed Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 1 North County Plaza 156-301-16 R/OS R/R-40/OS C-2/Q RD-M/C- 2/OS 0 0 240 units 240 units Site 2 The Shoppes at Carlsbad parking lot 156-301-11 R/OS R/R-40/R-23/OS C-2 RD-M/C-2/OS 0 0 993 units 993 units 156-302-35 R R/R-40/R-23 C-2 RD-M/C-2 156-301-06 R R/R-40 C-2 RD-M/C-2 156-301-10 R R/R-40 C-2 RD-M/C-2 156-302-23 R R/R-40 C-2 RD-M/C-2 Site 3 Chestnut at El Camino Real 167-080-33, 34, 41 and 42 R-4 R-15 R-1-10000 RD-M 0 8 28 units (at 11.5 du/ac) 20 units Site 4 Zone 15 Cluster 209-060-72 R-4/OS R-30/OS R-1-10000 RD-M 1 1 1 unit 0 units2 209-090-11 R-15/L R-15/R-30 RD-M/C-L RD-M 0 115 327 units (115 units at 12 du/ac and 212 units at 26.5 du/ac) 212 units Site 5 Avenida Encinas Car Storage Lot 210-090-24 PI R-30 P-M RD-M 0 0 53 units (at 26.5 du/ac) 53 units Site 6 Crossings Golf Course Lot 5 212-270-05 PI/O R-30 P-M/O RD-M 0 0 181 units (at 26.5 du/ac) 181 units Project Description Supplemental Environmental Impact Report 2-15 Site # Location APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existing Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation, if Present Proposed Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 7 Salk Avenue 212-021-04 O R-30 O RD-M 0 0 259 units (at 26.5 du/ac) 259 units Site 8 Cottage Row Apartments 212-040-47 R-4 R-23/OS R-1-10000-Q RD-M 24 33 150 additional units (at 19 du/ac) 117 units Site 9 West Oaks Industrial 212-040-26 and 212-110-01 to -08 PI and OS R-30/OS PI RD-M/OS 0 192 192 units 0 units Site 10 Bressi Ranch Colt Place 213-262-17 PI R-23 P-C P-C 0 0 49 units (at 19 du/ac) 49 units Site 11 Bressi Ranch Gateway Road 213-263-19, 213-263-20 PI R-40 P-C P-C 0 0 199 units (at 37.5 du/ac) 199 units Site 12 Industrial Sites East of Melrose 221-015-08, 221-014-03 PI R-35 P-M RD-M 0 0 456 units (at 32.5 du/ac) 456 units Site 14 Carlsbad Village COASTER Station 155-200-11 and 12, 760-166-37, 203-296-12 V-B V-B (no change) V-B V-B (no change) 0 93 93 units (at 28 du/ac) or 200 units (at under 30 du/ac) 0 units or 107 units3 Site 15 City's Oak Yard 204-010-05, 204-010-06 V-B V-B (no change) V-B V-B (no change) 0 24 24 units (at 18 du/ac) 0 units City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-16 Site # Location APN Current Land Use Designation Proposed Land Use Designation Current Zoning Designation Proposed Zoning Designation Existing Units on Site Unit Yields Permitted Under Existing General Plan Residential Designation, if Present Proposed Unit Yield Net Increase in Units (Proposed Unit Yield – Existing Residential Units and/or Units Allowed by Existing Residential Land Use Designation)1 Site 16 Caltrans Maintenance Station/ Pacific Sales 211-050-08, 09 GC, P R-30 RA- 10,000/C-2 RD-M 0 0 183 units (at 26.5 du/ac) 182 units Site 17 Poinsettia COASTER Station 214-150-08, 214-150-20, 214-150-11 P, TC R-23/P RD-M-Q, T-C RD-M/T-C 0 0 27 units or 100 units 27 units or 100 units4 Site 18 North Ponto Parcels 216-010-01, 02, 03, 04, 05; 214-160-25 and 28; 214-171-11 R-15, VC/R15, GC R-23 C-2, RD-M-Q/C-T-Q, RD-M-Q RD-M 0 40 90 units (at 19 du/ac) 50 units Site 19 La Costa Glen/Forum 255-012-05 R/OS R-23/OS P-C P-C 0 0 76 units (at 19 du/ac) 76 units Total 3,295 units *Site 13: Removed from Housing Site Inventory and is not included within this SEIR. *Unit yields are estimates only. *Site 1: A private development application has been submitted. The 240 net increase in units reflects the units the application proposes. *Site 9: A project has been approved for 192 units that includes its own project-level CEQA review. However, for a conservative programmatic analysis, this SEIR includes Site 9 in its analysis. *Site 18: A private development application with 86 units has been approved on a portion of the site. 1 Net increase in units does not take into account units estimated from properties that are currently designated or partially designated as commercial (sites 1, 2, 4, 16, 18, 19). 2 Site “4a” (APN 209-060-72): Site could generate 154 units if rezoned to R-30. However, since the site is currently within a floodplain, the net increase in unit yield is 0. 3 Site 14: The City Council has directed the study of two different proposed unit yields for this site under Map 1 and Map 2. Map 1 has a proposed yield of 93 units, and Map 2 has a proposed yield of 200 units. The Map 1 yield of 93 units is an estimate of allowed units based on Village and Barrio Master Plan minimum density calculations (28 du/ac based on 50% of the developable area). The Map 2 yield is based on a higher density determined over the entire developable area and still within the density range allowed by the master plan (28-35 du/ac). The 107 units is the difference between the Map 2 and Map 1 unit yield estimates (200 - 93 = 107 units). This analysis assumes 107 units as a conservative estimate. 4 Site 17: The City Council has directed the study of two different proposed unit yields for this site under Map 1 and Map 2. Map 1 has a proposed yield of 27 units, and Map 2 has a proposed yield of 100 units. This analysis assumes 100 unit as a conservative estimate. Notes: du/ac = dwelling units per acre Project Description Supplemental Environmental Impact Report 2-17 Public Safety Element The Public Safety Element is a required component of the city’s General Plan that serves to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation associated with potential hazards. The recent approval of the Housing Element, including the identification of new housing sites for the 6th cycle Housing Element site inventory, have triggered required analysis and compliance with recent state safety legislation. The project would address the requirements of new State legislation and incorporate new policies into the Public Safety Element based on updated local and regional data. The project would address state legislative requirements, including but not limited to:  Approved in 2019, Senate Bill (SB) 99 requires jurisdictions, upon the next revision of the Housing Element on or after January 1, 2020, to review and update the safety element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes.  Senate Bill 379 requires Safety Elements to include a climate change vulnerability assessment, measures to address vulnerabilities, and a comprehensive hazard mitigation and emergency response strategy. In addition, Senate Bill 1035 requires cities and counties to update their safety element during a housing element or local hazard mitigation plan update cycle, but not less than once every eight years, if new information on flood hazards, fire hazards, or climate adaptation or resilience is available that was not available during the previous revision of the safety element.  Senate Bill 1241 requires review and update of the safety element, upon the next revision of the housing element on or after January 1, 2014, as necessary to address the risk of fire in state responsibility areas and very high fire hazard severity zones.  Assembly Bill 747 requires that upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2022, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element adopted pursuant to subdivision (g) of Section 65302 shall be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. Based on the legislative requirements discussed above, the following physical changes resulting from new or modified policies (as listed below) would be made as a result of the implementation of the Public Safety Element: Policy 6-P.2 Continue to implement and pursue flood control programs that reduce flood hazards, such as the city’s Grading Ordinance and the Floodplain Management Regulations Policy 6-P.4 Require all proposed drainage facilities to comply with the city’s Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions. Incorporate updated hydrology and hydraulic data as it becomes available. Policy 6-P.5 Require installation of protective structures or other design measures to protect proposed building and development sites, existing infrastructure, and critical services from the effects of flooding. Utilize, where possible, nature-based solutions and pervious pavement to assist in protection. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-18 Policy 6-P.6 Encourage the use of permeable materials and surfaces in new development and road repaving to decrease surface water runoff during storms. Policy 6-P.7 Promote the use of green infrastructure such as swales to manage stormwater runoff. Policy 6-P.13 Regulate new development, redevelopment and lot creation, which requires a coastal development permit, to avoid exposure to sea level rise hazards such as erosion, flooding, inundation, groundwater changes and shoreline migration throughout the lifespan of the proposed development. Policy 6-P.16 Require removal or relocation of structures away from sea level rise hazards if public health and safety risks exist, if essential services can no longer be maintained, if the structures are no longer on private property due to migration of the public trust boundary, or if the development requires new or augmented shoreline protective devices that would not otherwise be permitted. Policy 6-P.17 Develop sea level rise adaptation plans for assets vulnerable to sea level rise. Policy 6-P.31 Minimize risks from landslides by requiring new development to be sited outside of hazard areas, when possible, and to incorporate design that minimizes the potential for damage. Policy 6-P.49 When future development is proposed to be intermixed with fire hazard severity zones and/or adjacent to fire hazard severity zones, require applicants to comply with the city’s adopted Landscape Manual, which includes requirements related to fire protection, and calls for preparation of a fire protection plan when a proposed project contains or is bounded by hazardous vegetation or is within an area bounded by a Very High Fire Hazard Severity Zone, or as determined by the Fire Code official or their representative. Policy 6-P.52 Maintain and implement Wildland/Urban Interface Guidelines for new and existing development within neighborhoods that are proximal to existing fire hazard severity zones. Decrease the extent and amount of edge or wildland urban interface where development is adjacent to fire hazard severity zones. Policy 6-P.54 To increase resistance of structures to heat, flames, and embers, review current building code standards and other applicable statutes, regulations, requirements, and guidelines regarding construction, and specifically the use and maintenance of non-flammable materials (both residential and commercial). Promote the use of building materials and installation techniques beyond current building code requirements, to minimize wildfire impacts as well as fire protection plans for all development. Policy 6-P.55 In planned developments that may occupy the wildland urban interface, High and Very High Fire Hazard Severity Zones, increase resilience during a potential wildfire evacuation through:  Enforcing visible address numbers painted on sidewalks. Applying special construction features found in California Building Code Chapter 7A for developments in Very High Fire Hazard Severity Zones & High Fire Hazard Severity Zones areas. Developing and/or adapting multiple language accessible materials for how to prepare your family and home for an evacuation and go kit. Project Description Supplemental Environmental Impact Report 2-19  Identifying and preparing at risk and vulnerable populations that may need assistance to evacuate.  Maintaining existing critical evacuation routes, community fire breaks, emergency vehicle access.  Requiring adequate access (ingress, egress) to new development, including safe access for emergency response vehicles  Identification of anticipated water supply for structural fire suppression.  Developing fuel modification plans for all new developments. Policy 6-P.58 Coordinate with telecommunication service entities and the San Diego County Communication Department to fire-harden communications. Policy 6-P-60 Develop and implement density management strategies that cluster residential developments and minimize low-density exurban development patterns to reduce amounts of flammable vegetation and collective exposure to wildfire risk. When feasible and practicable, require new residential development to be located outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Should new residential development be located in VHFHSZ’s, then require that it be built to the current California Building Code and Fire Code. Policy 6-P.61 When feasible, site new residential developments and critical facilities outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Protect and harden critical facilities from natural hazards and minimize interruption of essential infrastructure, utilities, and services. Policy 6-P.62 Site structures to maximize low-flammability landscape features to buffer against wildfire spread. Policy 6-P.63 Require that new development and redevelopment have adequate fire protection, including proximity to adequate emergency services, adequate provisions for fire flow and emergency vehicle access and fire hardened communication, including high speed internet service. Policy 6-P.65 Coordinate with San Diego Gas & Electric to implement an electrical undergrounding plan with a focus on critical evacuation roadways and areas with highest wildfire risk. Policy 6-P.74 Maintain roadways that are likely to function as key evacuation routes. Policy 6-P.80 Protect vulnerable natural and recreational habitats and parks impacted by extreme heat through expansion of large continuous greenspaces wherever possible for greater cooling magnitude and extent. Include:  A mix of drought tolerant and native habitat types for greatest cooling benefits.  Mitigation of risk of dried out vegetation and wildfire risk through drought tolerant and wildfire resilient landscaping on private property.  Facilitate mitigation projects through Carlsbad Habitat Management Division Policy 6-P.86 Seek funding to plan and implement microgrids, cool roofs, and resilience hubs, and other similar technology in areas with vulnerable populations. Policy 6-P.89 Expand the resilience of new and existing critical buildings and infrastructure to function properly while subject to increased climate hazard frequency such as flooding, extreme heat, regional wildfires, and landslides. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-20 Policy 6-P.90 Partner with utility companies and/or community choice energy entities to improve grid resilience and backup power for the community including but not limited to utility and/or community choice energy entity activities that seek to:  Harden vulnerable overhead lines against winds and wildfires;  Protect energy infrastructure and increase redundancy of energy storage and distribution systems in surrounding hazard zones for wildfire;  Invest in sustainable power sources to provide redundancy and continued services for critical facilities during periods of high demand during extreme heat events; and  Continue exploring the feasibility of installing microgrids, battery storage, or other local energy storage options. 2.4.4 Objectives of the Zoning Ordinance and Zoning Map In contrast to the long-term broad-based outlook of the Carlsbad General Plan, the Zoning Ordinance provides site-specific controls and guidance on the use and development of properties. Carlsbad Municipal Code (CMC) Title 21, also known as the Zoning Ordinance, consists of two main elements, the Zoning Ordinance and Zoning Map. To prevent incompatible land use relationships, the city’s Zoning Ordinance and Zoning Map designate areas or zones for different types of land uses and establishes standards for development. These standards may specify requirements for lot sizes, lot coverages, building heights, setbacks, parking, landscaping, and other development standards. State law (AB 283) requires the city’s zoning designations to be consistent with those of the General Plan. The primary purpose of a zoning ordinance is to establish zoning districts that regulate the use, placement, and form of development throughout the city in order to preserve the health and welfare of the community and carry out the requirements of federal, State, and local law. The zoning ordinance provides specific guidance on future development to accomplish the policies set forth in the Carlsbad General Plan and the desires of the community. 2.4.5 Amendment to Zoning Ordinance Because the city’s Zoning Ordinance is the primary implementing tool for key portions of the Carlsbad General Plan, it must be amended to effectively achieve the city’s vision. Although the proposed project will create two new General Plan land use designations (R-35 and R- 40), it would not create any new zoning classifications. However, other changes will be made such as to development standards to ensure consistency with the updated General Plan and to implement housing programs and policies contained in the Housing Element. The Zoning Ordinance and Map implement the city’s Local Coastal Program. Revisions to both will trigger amendments to the Local Coastal Program that will be subsequently sent to the California Coastal Commission for final approval. 2.4.6 Amendment to Local Coastal Program The California Coastal Act regulates all development within the state-designated Coastal Zone. The zone extends through the length of the city, and covers approximately one-third of the city’s land area. The Coastal Act requires that individual jurisdictions adopt local coastal programs (LCP) to implement the Coastal Act. Carlsbad’s LCP consists of a separate land use plan document containing Project Description Supplemental Environmental Impact Report 2-21 separate land use policies and an implementation plan, which primarily consists of the city’s Zoning Ordinance, as well as portions of the Grading and Drainage Ordinance and Building Codes and Regulations that are applicable to storm water management and grading; master and specific plans applicable to areas in the Coastal Zone are also part of the LCP Implementation plan. Development in the Coastal Zone must comply with the LCP in addition to the General Plan. Rezone sites 1, 5, 6, 8, 9, 16, 17, 18 and 19 are mostly or entirely in the city’s Coastal Zone. If approved by City Council, land use designation changes to these sites and project changes to the Zoning Ordinance and Map and master and specific plans that affect properties in the Coastal Zone will be subject to California Coastal Commission approval. Review and any action by the Coastal Commission on the project would occur after City Council approval and as part of a review process entirely separate from the City’s. 2.4.7 Amendment to Master and Specific Plans Several of the rezone sites are within master or specific plans. These plans provide a comprehensive set of guidelines, regulations, and implementation programs for ensuring development of a specific site or area in accordance with the city’s General Plan, CMC, and other applicable planning documents. Often, master and specific plans provide more tailored objectives and standards than possible through city-wide documents such as the Zoning Ordinance. Examples of such plans include the Bressi Ranch Master Plan, Village and Barrio Master Plan, and Westfield Carlsbad Specific Plan. Rezone sites 1, 2, 7, 10, 11, 14, 15 and 19 are all within master or specific plans. These plans require amendment as necessary to ensure consistency with the General Plan and Zoning Ordinance and Map as proposed by this project. 2.4.8 Anticipated Growth The Carlsbad General Plan has an approximate year 2035 horizon, but actual buildout of all planned land uses may occur earlier or later, as long-range demographic and economic trends are difficult to predict. The designation within the proposed General Plan of a site for a certain use does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development will depend on property owner initiative. In 2015, the General Plan EIR reported 45,522 existing housing units in Carlsbad (See Section 4.11, Population and Housing) and projected that in the buildout year of 2035, Carlsbad would have 52,320 units (Section 3.9, Land Use, Housing, and Population: 3.9-13). Based on information collected by city staff, since the 2015 General Plan EIR, the city has approved residential development that has resulted in a net increase in the projected housing units to 53,221. As of January 1, 2023, Carlsbad had 47,003 housing units, excluding accessory dwelling units. Therefore, as of release of this SEIR, the city had an available housing unit capacity of 6,218 (53,221 – 47,003) through the buildout year of 2035 under the existing General Plan. Implementation of the rezone program under the proposed project would facilitate the development of 18 sites, which if developed based on the estimates in Table 2-4 would result in a net increase of 3,295 new housing units to the city’s housing stock compared to what is allowed today. These new housing units would generate 8,260 new residents at buildout (see Section 4.11, Population and Housing, for calculations). Combined with the available housing unit capacity under the existing General Plan (6,218 units), the 3,295 new units would result in a new housing capacity of 9,513 units or a total 56,516 units. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-22 2.5 Project Objectives A clear statement of project objectives allows for the analysis of reasonable alternatives to the proposed project, assists the city in making the findings required by CEQA, and informs the city’s statement of overriding considerations, if needed. The city’s objectives for each of the project’s major components are described below:  Implement the Land Use and Community Design Element, Public Safety Element, and Zoning Ordinance, as amended by this project, to achieve adequate sites for all income groups;  Provide adequate sites, zoned at appropriate densities and development standards, to facilitate residential development and affordability goals set forth in the 2021-2029 RHNA and as identified in the Housing Element.  Pursue an infill strategy to foster compact development patterns, create walkable communities and preserve the natural environment and critical environmental areas;  Expand housing choices to provide a diverse housing inventory to meet the changing needs of the Planning Area, which includes more affordable housing options;  Update the Public Safety Element to comply with existing State laws.  Ensure high level of public safety to protect the personal safety and welfare of people who live, work, and visit Carlsbad from crime, pollution, disasters, and other threats and emergencies. 2.6 Required Approvals The following list specifies non-exhaustively and non-exclusively the approvals from the City of Carlsbad and from other agencies necessary for the project. The City Planning Commission and City Council (the City Council is the final approving authority, with the exception of legislative changes in the Coastal Zone, which is subject to California Coastal Commission approval) will review the updated Carlsbad General Plan and its SEIR and supporting documents to consider whether or not to take the following actions:  Certification of an SEIR;  Approval of the EIR Findings and Statement of Overriding Considerations;  Adoption of a Mitigation, Monitoring, and Reporting Program in conjunction with the SEIR;  Approval of amendments to the General Plan;  Approval of amendments to the Zoning Ordinance and Zoning Map;  Approval of amendments to the Local Coastal Program; and  Approval of amendments to various master and specific plans As outlined in this section, the proposed project would result in the rezoning of sites with specific development standards. Future projects on the rezone sites must adhere to the CEQA mitigation measures identified in the Mitigation Monitoring and Reporting Program for this SEIR in order for the site to develop consistent with the purpose of the rezone and to ensure that future development reduces environmental impacts to the extent feasible. Future development consistent with the Project Description could proceed “by right” as required by State law. Subsequent projects may tier from the SEIR or a finding may be made that sufficient environmental clearance occurred with the SEIR for the Housing Element (CEQA Guidelines Sections 15152, 15162 and 15168). This SEIR comprehensively considers a series of related projects with the intent to streamline Project Description Supplemental Environmental Impact Report 2-23 subsequent review of future development projects. Some future development would be subject to subsequent discretionary review and permitting as required by the updated Municipal Code. It should be noted that the following actions are associated with the future development of the city as it builds out pursuant to the 2015 General Plan. That is, actions of the types listed here would occur whether or not the proposed project was approved. Subsequent discretionary actions must be examined in the light of the SEIR to determine whether an additional environmental document needs to be prepared. Most projects would require subsequent discretionary approvals including:  Coastal Development Permit  Habitat Management Plan Permit  Hillside Development Permit  Planned Development Permit  Site Development Plan  Special Use Permit (floodplain, scenic corridor, etc.)  Tentative Map  Tentative Parcel Map City Approvals City permits are processed upon formal submittal of a development application. Typically, these permits are considered by the Planning Commission in a public hearing setting. In some cases, projects may also require City Council review and approval.  Coastal Development Permit  Habitat Management Plan Permit  Hillside Development Permit  Planned Development Permit  Site Development Plan  Special Use Permit (floodplain, scenic corridor, etc.)  Tentative Map  Tentative Parcel Map Other Agencies’ Approvals Pursuant to CEQA Guidelines Section 15096, Responsible Agencies should review and comment on draft EIRs for projects which the Responsible Agency would later be asked to approve. The proposed changes to the Local Coastal Program (LCP Land Use Map, Zoning Map, Zoning Ordinance, master and specific plans, as applicable in the Coastal Zone) are subject to California Coastal Commission approval. Therefore, the California Coastal Commission is a responsible agency with approval authority over changes to the Local Coastal Plan. The California Coastal Commission shall make a determination on certifying the Local Coastal Plan Amendment (LCPA). The California Coastal Commission certification of the LCPA shall be scheduled after the proposed project is adopted. The LCPA portion of the proposed project and associated amendments shall not be effective unless and until fully certified by the California Coastal Commission. City of Carlsbad Housing Element Implementation and Public Safety Element Update 2-24 Additionally, subsequent development projects may also require review and approval by other agencies including but not limited to those listed below:  Future development affecting Waters of the U.S. or adjacent wetlands would need to obtain a permit from the U.S. Army Corps of Engineers issued pursuant to Section 404 of the Federal Clean Water Act (CWA).  Prior to obtaining a CWA Section 404 permit, a future development may also need to obtain a water quality certification or waiver from the Regional Water Quality Control Board pursuant to Section 401 of the Federal CWA.  Future development affecting native habitat within a streambed may need a Streambed/Bank Alteration Agreement issued by the California Department of Fish and Wildlife pursuant to Section 1600 et seq. of the California Fish and Game Code.  Future development located within the City’s Coastal Zone may need to gain authorization, including the proper permits and certification from the California Coastal Commission pursuant to the regulations set forth in the California Coastal Act.  Future development will be required to submit a fugitive dust control plan to the San Diego County Air Pollution Control District (SDAPCD) for approval prior to issuance of grading permits (SDAPCD Rule 55).  Future development within or altering a 100-year floodplain or other FEMA-mapped flood hazard area would need to obtain a Letter of Map Revision (LOMR), Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Revision Based on Fill (CLOMR-F) that describes the effect that the proposed project or fill would have on the National Flood Insurance Program map.  Future development, such as industrial or medical, for example may need hazardous material handling, use, storage, and/or disposal permit(s) from the appropriate local, regional, state, or federal agency.  National Pollutant Discharge Elimination System (NPDES) Construction General Permits will be required for grading activities of 1 acre or larger. The developer must file a Notice of Intent with the Regional Water Quality Control Board (RWQCB) and obtain a General Construction Activity Stormwater Permit pursuant to the NPDES regulations established under the CWA. This permit requires preparation and implementation of a Stormwater Pullulation Prevention Plan, which is intended to prevent degradation of surface and groundwaters during the grading and construction process.  Other agencies for which development projects may need to receive permits or clearances include Caltrans; water, wastewater, and other utility districts; North County Transit District (NCTD); San Diego County Regional Airport Authority (Airport Land Use Commission), and; the Federal Aviation Administration. 2.7 California Native American Tribal Consultation Three California Native American Tribe have requested consultation pursuant to Public Resources Code Section 21080.3.1. Information about consultation is included in Section 4.4, Cultural and Tribal Cultural Resources, of this SEIR. Environmental Setting Supplemental Environmental Impact Report 3-1 3 Environmental Setting This section provides a general overview of the environmental setting for the proposed Housing Element Implementation and Public Safety Element Update. More detailed descriptions of the environmental setting for each environmental issue area evaluated in this SEIR can be found in Section 4, Environmental Impact Analysis. 3.1 Regional Setting The City of Carlsbad is located on the coast of the Pacific Ocean in northwest San Diego County and encompasses approximately 39 square miles of land area. The city is located about 30 miles north of San Diego and about 90 miles south of Los Angeles. Carlsbad is surrounded by the cities of Oceanside to the north, Encinitas to the south, and Vista and San Marcos and unincorporated areas of San Diego County to the east. Along Carlsbad’s northern edge, urban development abuts Highway 78, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Similarly, Batiquitos Lagoon along the city’s southern edge acts as a boundary between Carlsbad and Encinitas. To the east, city boundaries are less distinctive, as a mix of hillsides and urban development are located adjacent to the cities of Oceanside, Vista and San Marcos and unincorporated county lands. 3.2 Rezone Sites Setting To help achieve the City’s designated RHNA, the city proposes under this project to undergo both General Plan land use and zoning map amendments as necessary to permit housing on 18 rezone sites identified in the Housing Element. A map of the 18 rezone sites is included in Figure 2-4 in Section 2, Project Description. Table 3-1 includes a description of the characteristics of the sites. Table 3-1 Rezone Site Characteristics Site # Location Approximate Site Size Existing Use and Site Features Site 1 North County Plaza 19 acres The site includes a shopping center (North County Plaza) developed with stores, restaurants and other businesses. The site is east of Buena Vista Lagoon and partially includes Buena Vista Creek. An application to develop a portion of the site with residential and new commercial uses has been submitted to the city. Site 2 The Shoppes at Carlsbad parking lot 57 acres The site is owned by the city and encompasses the parking lots for The Shoppes at Carlsbad mall and a North County Transit District transit station. The northwest corner of the site includes Buena Vista Creek and its associated riparian habitat and floodplain area. Site 3 Chestnut at El Camino Real 2.5 acres The site consists of three vacant properties. The site contains slopes and potential biological resources. City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-2 Site # Location Approximate Site Size Existing Use and Site Features Site 4 Zone 15 Cluster 27.7 acres The site includes two separate properties currently used for an RV storage lot, a house, and outbuildings. The site is mostly undeveloped. The northern portion of the site includes a Proposed Hardline and a Standards Area, which are designated for future conservation in the Carlsbad Habitat Management Plan. The Proposed Hardline has been approved as a biological mitigation site for the future extension of College Blvd and is designated as Open Space. Site 5 Avenida Encinas Car Storage Lot 2 acres The site is currently occupied with a car storage lot. The site is almost entirely developed with paved surfaces. The site is in proximity of I-5 and the railway. It is also within 0.5-mile walking distance of the beach. Site 6 Crossings Golf Course Lot 5 11.4 acres The site is a vacant and undeveloped City-owned property that was graded as part of the Carlsbad Golf Course development. A portion of the site is steeply sloped, and the developable portion of the site is approximately 6.8 acres. Site 7 Salk Avenue 9.8 acres The site has been graded but is currently vacant and undeveloped. The site contains manufactured slopes and vegetation. Site 8 Cottage Row Apartments 11.9 acres The site is developed with 24 duplex apartments. Portions of the site are undeveloped. The project site is in the Coastal Zone and undeveloped portions contain potential biological resources. The site includes a relatively flat area bordered by steep slopes. Site 9 West Oaks Industrial 10.8 acres The site consists of nine separate but adjacent parcels, some of which have been graded, but are undeveloped. The westernmost parcel is an Existing Hardline, and a portion of the remaining lots north of West Oaks Way are a Proposed Hardline in the Carlsbad Habitat Management Plan. A powerline easement and Encinas Creek traverse the site. In 2021, the city approved “West Oaks,” a 192-unit apartment project on this site. Site 10 Bressi Ranch Colt Place 2.6 acres The site is a previously graded but vacant lot located between residential developments. Approximately 0.6 acres of the site is restricted by McClellan-Palomar Airport Safety Zone 2. Site 11 Bressi Ranch Gateway Road 5.3 acres The site consists of two vacant and undeveloped parcels adjacent to industrial and commercial uses. Site 12 Industrial Sites East of Melrose 14.1 acres The site consists of two separate but adjacent properties north of Palomar Airport Road. One of the sites is undeveloped but has been previously graded. The other site is developed with a parking lot. Site 14 Carlsbad Village COASTER Station 7.8 acres The site is developed with a parking lot that serves the Carlsbad Village Coaster Station and also features vacant, graded land north of the parking lot. The site lies between the Carlsbad Boulevard bridge to a point approximately 200 feet north of the station. It is owned by North County Transit District. Site 15 City's Oak Yard 1.3 acres The site is owned by the city and is currently developed with a public works maintenance and operations yard. The site is bordered by existing commercial and industrial development and, to the west, railroad tracks. It is three blocks south of the Carlsbad Village Train Station. Environmental Setting Supplemental Environmental Impact Report 3-3 Site # Location Approximate Site Size Existing Use and Site Features Site 16 Caltrans Maintenance Station and Pacific Sales 6.9 acres The site consists of two adjacent parcels. The northern parcel is developed with a Caltrans maintenance station and the southern, privately-owned parcel is occupied by commercial use. The eastern portion of the southern parcel is undeveloped and both sites are generally flat. Site 17 Poinsettia COASTER Station 5.8 acres The site is developed with transit facilities and 341 parking spaces for transit riders and is owned by the North County Transit District. The site is bordered by railroad tracks to the west and mixed-use development to the east. Site 18 North Ponto Parcels 5.9 acres The site consists of eight vacant properties which include self- storage and undeveloped areas. The site is generally flat and is bounded by railroad on the eastern side. The city approved 86 apartments on the north three parcels of Site 18 in May 2022. Site 19 La Costa Glen/Forum 7.8 acres The site is primarily vacant and partially developed with a parking lot. The site has been previously graded. There are no known physical constraints to development as previously present slopes within the project site have been graded. Note: Site 13 removed from Housing Site Inventory and is not included within this SEIR. 3.3 Cumulative Projects Setting Because the project is a general plan update, cumulative impacts are treated somewhat differently than would be the case for a project-specific development. CEQA Guidelines Section 15130(b)(1)(B) provides the following direction relative to cumulative impact analysis and states that the following elements are necessary for an adequate discussion of environmental impacts: A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or plans for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Any such document shall be referenced and made available to the public at a location specified by the lead agency. Some analyses including air quality, energy, greenhouse gas emissions, transportation, and population and housing, rely on much larger geographic areas such as the San Diego County region. For issues that may have regional cumulative implications, the cumulative impact analysis for this SEIR is based on the regional growth assumed in the San Diego Association of Governments’ (SANDAG) most recent Series 14 Regional Growth Forecast used to support regional planning efforts such as the 2021 Regional Plan/Sustainable Communities Strategy as well as local planning such as the development of general plans and long-range plans. For analyses that may have more localized or neighborhood implications (biological resources, cultural resources, noise, public services, utilities, wildfire), the cumulative impact analysis includes development proposed under the 2015 General Plan. As discussed in Section 2, Project Description, the 2015 General Plan EIR reported 45,522 housing units in Carlsbad and projected that in horizon year 2035, Carlsbad would have 52,320 units. Development under the proposed project in City of Carlsbad Housing Element Implementation and Public Safety Element Update 3-4 conjunction with the development forecasted in the 2015 General Plan and development that has occurred since the General Plan’s approval, is accounted for in the cumulative impacts analysis. CEQA Guidelines Section 15130 provides guidance on the discussion of cumulative impacts. Two conditions apply to determine the cumulative effect of a project: first, the overall effect caused by existing and known or forecasted projects must be considered significant under the significance thresholds discussed above; and second, the project must have a “cumulatively considerable” contribution to that effect. Environmental Impact Analysis Supplemental Environmental Impact Report 4-1 4 Environmental Impact Analysis This section discusses the possible environmental effects of the proposed project for the specific issue areas that were identified as having the potential to experience significant impacts. As a Supplemental EIR, this report analyzes the same potentially significant impact areas as the certified EIR (2015) issued by the City of Carlsbad for the 2015 General Plan. A “significant effect” is defined by the CEQA Guidelines Section 15382 as: a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment but may be considered in determining whether the physical change is significant. The following issue areas were identified as having potentially significant impacts in the 2015 General Plan EIR and are evaluated in this section: Air Quality Transportation1 The following issue areas were determined in the 2015 General Plan EIR to have less than significant impacts or less than significant impacts with mitigation, and are further evaluated in this section:  Aesthetics  Cultural and Tribal Cultural Resources  Geology and Soils  Greenhouse Gas Emissions/Climate Change  Hazards and Hazardous Materials  Hydrology and Water Quality  Land Use and Planning  Noise  Population and Housing  Public Services and Recreation  Utilities and Service Systems  Wildfire In addition to the issue areas listed above, the following issue areas were determined in this SEIR to have no impacts, and therefore are addressed in Section 4.16, Effects Found Not to be Significant, of this SEIR: Agricultural and Forestry Resources, Energy, and Minerals. The assessment of each issue area begins with a discussion of the environmental setting related to the issue, which is followed by the impact analysis. In the impact analysis, the first subsection identifies the methodologies used and the “significance thresholds,” which are criteria adopted by the City of Carlsbad and other agencies, universally recognized, or developed specifically for this analysis to determine whether potential effects are significant. The next subsection summarizes the environmental analysis findings of the 2015 General Plan EIR. The last subsection describes each impact of the proposed project, mitigation measures for significant impacts, and the level of significance after mitigation. Each effect under consideration for an issue area is separately listed in 1 While the 2015 General Plan EIR determined that the 2015 General Plan would result in significant and unavoidable impacts, this determination was made using the previous metric of LOS. As discussed in Section 4.13, Transportation, of this SEIR, pursuant to SB 743, VMT has replaced LOS as the metric for determining transportation significance. 1. 2. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4-2 bold text with the discussion of the effect and its significance. Each bolded impact statement also contains a statement of the significance determination for the environmental impact as follows: Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires a Statement of Overriding Considerations to be issued if the project is approved per Section 15093 of the CEQA Guidelines. Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under Section 15091 of the CEQA Guidelines. Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable. No Impact. The proposed project would have no effect on environmental conditions or would reduce existing environmental problems or hazards. Following each environmental impact discussion is a list of mitigation measures (if required) and the residual effects or level of significance remaining after implementation of the measure(s). In cases where the mitigation measure for an impact could have a significant environmental impact in another issue area, this impact is discussed and evaluated as a secondary impact. The impact analysis concludes with a discussion of cumulative effects, which evaluates the impacts associated with the proposed project in conjunction with other planned and pending developments in the area listed in Section 3, Environmental Setting. The Executive Summary of this SEIR summarizes all impacts and mitigation measures that apply to the proposed project. Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-1 4.1 Aesthetics This section evaluates the potential impacts related to aesthetics, including scenic vistas, scenic resources, visual character and quality, and light and glare associated with the implementation of the proposed project. 4.1.1 Setting The following setting information is based on the 2015 General Plan EIR and updated where appropriate (City of Carlsbad 2015). Carlsbad is located in northwest San Diego County. In addition to the Pacific Ocean coastline along its western boundary, Carlsbad is surrounded by the cities of Oceanside to the north, Encinitas to the south, and Vista and San Marcos and unincorporated areas of San Diego County to the east. The Pacific Ocean is among Carlsbad’s principal visual features and frames the city’s western edge. Vistas of the ocean can be seen from much of Carlsbad Boulevard, especially in the central and southern portions of the boulevard. The city’s three lagoons are also distinctive aspects of the city’s visual character. The somewhat flatter terrain along the coastline gives way to hillsides toward the east. The dominant man-made features are Interstate 5 (I-5) and the railroad corridor, which run parallel to the coastline within a mile of the ocean, and the McClellan-Palomar Airport located at the geographic center of the community along Palomar Airport Road and El Camino Real. In the northwest, the older neighborhoods of the Village and the Barrio form a gridded network of streets near the coast. Urban development abuts Highway 78 along Carlsbad’s northern edge, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Along the city’s southern edge, Batiquitos Lagoon separates Carlsbad from the city of Encinitas. City boundaries to the east are less distinctive, where a mix of hillsides and urban development lie between the center and the cities of Oceanside, Vista and San Marcos. Although primarily a residential community by land area, Carlsbad contains a mix of development typologies and patterns. These range from the small-scaled mixed-use and neighborhood commercial found in the northwestern Village and Barrio neighborhoods to the larger lot sizes and auto-oriented shopping centers found in the suburban neighborhoods of the northeast, southeast, and southwest quadrants. In general, most Carlsbad buildings are one to two stories tall, although there are several three- and four-story residential and office/industrial buildings. Scenic Resources and Vistas The Carlsbad coastline is one of the largest scenic areas in the city. Although access points to Carlsbad beaches are available, pedestrian and auto access is limited by both natural topography and man-made barriers, such as I-5 and the railroad. As a result, the most convenient way to access the beach is via car at designated crossings or road bridges. The promenade along the beach near Carlsbad Village and its overlook points provide visual access to the shoreline at Carlsbad State Beach. However, views of the coast from Carlsbad Boulevard are often interrupted by buildings, such as residential developments, hotels, and retail uses. Near the intersections of Carlsbad Boulevard with Carlsbad Village Drive and Cannon Road, there are several private uses along the coast that limit waterfront access and views from public streets. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-2 Natural areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons—Buena Vista, Agua Hedionda and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned communities and resorts are located. Natural features also help shape the city’s network of manmade open spaces such as city parks, trails and golf courses, many of which extend to the eastern boundary of the city. Parks are distributed throughout the city and host a variety of passive and active resources. A small amount of agricultural land is in productive use in Carlsbad, including the Flower Fields and Strawberry Fields and Sunny Creek area. Trails, promenades and bikeways are unique visual features and public amenities that evoke images of the city’s beach community, small town feel, and connectedness. The beaches and the coastal corridor are key visual amenities in the city, enjoyed not only by beach goers, joggers, bicyclists, but also by passengers in cars along the coastal roads. The seawalls, ramps, and promenade that descend to the beach; the trails that meander along major roads; and the separated and landscaped bikeways along the railroad in the Barrio foster connections and are heavily used amenities for residents and visitors. When applied on a citywide scale, these types of amenities improve pedestrian and bike access while further enhancing neighborhood connections to natural and scenic surroundings. The El Camino Real roadway corridor is also considered a scenic roadway – areas adjacent to the roadway provide rolling hillsides and diverse views. 4.1.2 Regulatory Setting a. Federal No existing federal regulations pertain to the visual resources in the project area. b. State State Scenic Highway Program According to Caltrans, a state scenic highway should traverse an area of outstanding scenic quality, containing striking views, flora, geology, or other unique natural attributes. Therefore, Caltrans evaluates the merits of a nominated highway on how much of the natural landscape a traveler sees and the extent to which visual intrusions impact the "scenic corridor." Visual intrusions may be natural or constructed elements, viewed from the highway, that adversely affect the scenic quality of a corridor. Visual intrusions are evaluated in the following manner (Caltrans 2012):  The more pristine the natural landscape is and less affected by intrusions, the more likely the nominated highway will qualify as scenic.  Where intrusions have occurred, the less impact they have on an area's natural beauty, the more likely the nominated highway will qualify as scenic. The extent to which intrusions dominate views from the highway will determine the significance of their impact on the scenic corridor. The segment of Interstate 5 (I-5) running through the City of Carlsbad is not an officially designated scenic highway, however it is currently designated as eligible (Caltrans 2023). Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-3 Senate Bill 743 Senate Bill 743 (California Public Resources Code Section 21099) passed in 2013, made changes to the CEQA for projects located in transit-oriented development areas. Among these changes are that a project’s aesthetics impacts are no longer considered significant impacts on the environment if the project is a residential, mixed-use residential, or employment center project and if the project is located on an infill site within a transit priority area (TPA). Pursuant to Section 21099 of the California Public Resources Code, a “transit priority area” is defined in as an area within 0.5 mile of an existing or planned major transit stop. A "major transit stop" is defined in Section 21064.3 of the California Public Resources Code as a rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Carlsbad includes areas that are within a TPA including within 0.5 mile of major transit stops such as the Carlsbad Poinsettia COASTER station and Carlsbad Village COASTER Station. As shown in Figure 4.1-1, sites within a TPA include Sites 14 and 15, which are within 0.5 mile of the Carlsbad Village COASTER station, and Site 17 which is within 0.5 mile of the Carlsbad Poinsettia COASTER station. c. Local City of Carlsbad Local Coastal Program The Coastal Act of 1976 mandates the preparation of Local Coastal Programs that aim to protect, maintain, enhance, and restore the quality of Coastal Zone resources. The California Coastal Commission last certified the City of Carlsbad’s Local Coastal Program (LCP) on October 16, 2019. The LCP consists of six geographical segments: the Agua Hedionda Lagoon LCP segment; the Carlsbad Mello I segment; the Carlsbad Mello II segment, the West Batiquitos Lagoon/Sammis Properties segment; the East Batiquitos Lagoon/Hunt Properties segment; and the Village-Barrio segment. The City’s LCP contains land use policies that serve to address land use, visitor-serving uses, recreation, public access to the coast, agriculture, cultural and scenic resources, environmentally sensitive habitat, water quality, and coastal hazards (City of Carlsbad 2023). Sites 1, 5, 6, 8, 9, 16, and 17 are located within the Mello II segment; Site 18 is located partially within the Mello II and West Batiquitos Lagoon/Sammis Properties segment; and Site 19 is located within the East Batiquitos Lagoon/Hunt Properties segment (City of Carlsbad 1998). City of Carlsbad Zoning Ordinance The city’s Municipal Code does not have a specific section dedicated to prevention of nuisance light and glare through regulation; rather, lighting is addressed for each land use type in the city’s Zoning Ordinance (Municipal Code Title 21). For example, for industrial uses allowed in the Planned Industrial zone, the ordinance states, “all uses shall be operated so as not to produce humidity, heat, glare or high-intensity illumination which is perceptible without instruments by the average person while on or beyond the lot containing the use.” For uses allowed in the Local Shopping Center, and Office uses, the ordinance states that “light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way.” Light and glare conditions are also regulated for campgrounds, greenhouses, and gas stations. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-4 Figure 4.1-1 Transit Priority Areas and Housing Sites ~-: ~ j City Limits Highway Major Street Planned Street Railroad CJ Tra nsit Priority Area -Potential Housing Sites• * Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map 0 0.75 N 1.5 /1. L..----,,M,.,l\.,1e"'s---~I f.:.. Imagery provided by Esri and its /icensors © 2023. Additional data provided by City of Carlsbad, 2022; SANDAG, 2023. San Marcos Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-5 Chapter 21.40: Scenic Preservation Overlay Zone The purpose of the city’s Scenic Preservation Overlay Zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to preserve or enhance outstanding views, flora and geology, or other unique natural attributes and historical and cultural resources. This chapter establishes criteria by which standards may be applied. Adopted standards may address, but are not limited to signs, utilities, landscaping, architectural treatment, setbacks, side yards, height, bulk, and building spacing. Currently, this overlay zone is applied to the El Camino Real corridor. Sites 2, 3, and 4 are located immediately adjacent to the El Camino Real corridor. Chapter 21.95: Hillside Development Regulations The city’s Hillside Development Regulations are intended to preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes. The regulations require project grading to be minimized, to relate to the slope of the land, and to incorporate contours in manufactured slopes located in highly visible public locations. The regulations additionally assure that the alteration of natural hillsides is done in an environmentally sensitive manner to protect lagoons and riparian ecosystems from increased erosion and avoid substantial impacts to natural resource areas, wildlife habitats, or native vegetation. According to the Hillside Development Guidelines, “A Hillside Development Permit (HDP) is required when a development is proposed on any slope which has a gradient of 15% or greater and a slope height of greater than 15 feet. Development means grading, erecting or constructing on a hillside area.” Specific and Master Plans The city uses specific plans and master plans to coordinate development and infrastructure improvements on large sites or series of parcels. Specific plans and master plans must be consistent with the General Plan and are typically used to establish development plans and standards to achieve the design and development objectives for a particular area. Much of the residential areas in the southern and northeastern portions of the Carlsbad were developed as part of a master plan (e.g., Aviara, Bressi Ranch, Calavera Hills, Rancho Carrillo, Robertson Ranch, and Villages of La Costa). In addition to the large residential master plan areas, the city has several smaller residential specific plans and specific plans for commercial and industrial areas. The Village Master Plan (described below) guides development in that area. There are also many older specific plans and master plans that have been fully implemented. Carlsbad Village and Barrio Master Plan, 2019 The Carlsbad Village and Barrio Master Plan (City of Carlsbad 2019) replaces the Village Master Plan and Design Manual which was originally approved in 1995 and most recently revised in 2017. The plan establishes the land use, zoning, design, and long-range strategy for the Carlsbad Village and Barrio areas. The Carlsbad Village and Barrio Master Plan, together with other implementing ordinances, also serve as the Local Coastal Program for the Coastal Zone-portions of the Carlsbad Village and Barrio, pursuant to requirements of the California Coastal Act. The Carlsbad Village and Barrio Master Plan articulates a vision for neighborhoods that:  Serve as the historic heart of the city, honoring Carlsbad’s past and creating a strong sense of community.  Are connected in place and spirit, yet retain their unique personalities. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-6  Embody the principles of smart growth, with a mix of commercial and residential land uses, a variety of housing choices, walkable neighborhoods and multiple transportation options.  Attract high quality, sustainable development that enhances vitality and local character. Sites 14 and 15 are within the Carlsbad Village and Barrio Master Plan area. City of Carlsbad Scenic Corridor Guidelines The Scenic Corridor Guidelines (Guidelines) were completed in 1988 and were developed to implement the then-existing Scenic Highways Element of the Carlsbad General Plan. The Guidelines designate a number of city streets and locations as scenic corridors based on criteria listed in the document and provide guidance for improvements to take place within or adjacent to the scenic corridor rights-of-way. The Guidelines also designate a number of community identity entries, based on included criteria, to receive monumentation or signage. For the scenic corridors, the Guidelines establish the following four categories: Community Theme Corridors – This category contains El Camino Real, Carlsbad Boulevard, and Palomar Airport Road. The guidelines include goals and guidance for right-of way treatments for each of these streets to promote the distinct characteristics of each of these three major thoroughfares. Community Scenic Corridors – Streets included in this category are major arterial streets that pass through and connect major subareas of the city. These streets generally traverse the hills and residential areas of the central and eastern parts of the city. Natural Open Space and Recreation Corridors – Streets in this category were selected based on their rural quality, and each is located adjacent to one of the city’s three lagoons. These streets are narrower, with relatively light traffic volume compared to the other categories, and generally do not connect to high-activity centers. Railroad Corridor – This category encompasses the Atchison Topeka and Santa Fe Railway. The Guidelines recognize the difficulty of controlling railroad-owned right-of-way, but offers guidance on improvements outside of the right-of-way to impact the viewing experience of rail passengers traveling through the city. The Guidelines reflect the city’s official intentions for scenic corridor rights-of-way and adjacent properties, though the document is not intended to function as development standards or to supersede city policies. Rather, it is intended to be used in conjunction with the city’s other design guidelines, standards, and policies to aid in decisions regarding visual quality and aesthetics. El Camino Real Corridor Development Standards The El Camino Real Corridor Development Standards were adopted in 1984 to further the goals of the then-existing Land Use and Scenic Highways Elements of the Carlsbad General Plan to preserve unique city resources as they relate to highways. The 1988 Scenic Corridor Guidelines recognize the standards and note they should be consulted when developing along El Camino Real, so it is appropriate to identify them apart from the Scenic Corridor Guidelines. The standards provide a general design concept for the entire length of the El Camino Real right-of-way, and establish development restrictions for private properties fronting the roadway. The design concept is an easily identifiable homogenous corridor that capitalizes on the distinct design characteristics of five distinct subareas. The standards include design guidelines emphasizing retention of natural topography; right-of-way standards for landscaping, street lighting, signage, and furniture; and 1. 2. 3. 4. Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-7 private frontage standards for design theme, medians, sidewalks, signage, building height and setback, grading, street furniture and lighting, roofing, and land use. City of Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists several policies related aesthetics in its Land Use and Community Design Element and Mobility Element. The following policies are applicable to proposed project (City of Carlsbad 2015): Land Use and Community Design Element Policy 2-P.10 Development on slopes, when permitted, shall be designed to minimize grading and comply with the hillside development provisions of the Zoning Ordinance and the Carlsbad Local Coastal Program. Policy 2-P.11 Consider density and development right transfers in instances where a property owner is preserving open space in excess of normal city requirements for purposes of environmental enhancement, complying with the city’s Habitat Management Plan, or otherwise leaving developable property in its natural condition. The density/development potential of the property being left in open space shall be reserved for and used on the remainder of the project site or, through an agreement with the city, may be transferred to another property. Policy 2-P.40 Establish development standards that will preserve natural features and characteristics, especially those within coastal, hillside and natural habitat areas. Policy 2-P.41 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different residential density and non-residential intensity categories. Special attention should be given to buffering and transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. Policy 2-P.43 Where feasible, locate development away from visible ridges; larger buildings, such as large retail stores and office and industrial development, should be arranged to minimize the buildings’ visual appearance from major transportation corridors and vistas. Mobility Element Policy 3-P.23 Maintain the city’s scenic transportation corridors as identified in the Carlsbad Scenic Corridor Guidelines. 4.1.3 Impact Analysis a. Methodology and Significance Thresholds The following thresholds of significance are based on CEQA Guidelines Appendix G. For purposes of this SEIR, implementation of the proposed project may have a significant adverse impact if it would do any of the following: Have a substantial adverse effect on a scenic vista. Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. 1. 2. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-8 In non-urbanized areas, substantially degrade existing visual character or quality of public views of the site and its surroundings? If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. As described in Section 4.1.2, Regulatory Setting, under Senate Bill 743 aesthetic impacts associated with residential projects in a TPA cannot be considered significant impacts on the environment. Because implementation of the proposed rezoning would facilitate residential development on infill sites within a TPA, aesthetics impacts of development of those locations within a TPA may not be considered significant impacts on the environment. Sites within a TPA include Sites 14 and 15, which are within 0.5 mile of the Carlsbad Village COASTER station, and Site 17, which is within 0.5 mile of the Carlsbad Poinsettia COASTER station. Therefore, aesthetic impacts associated with Sites 14, 15, and 17 are assumed to be less than significant pursuant to SB 743 and will not be discussed in the analysis below. This analysis focuses on the rezone sites that are not within a TPA (Sites 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 18, and 19). Pursuant to CEQA Statute Section 21099.d, “aesthetic impacts do not include impacts on historical or cultural resources.” This analysis is included in Section 4.4, Cultural and Tribal Cultural Resources, of this SEIR. In addition, Section 4.9, Land Use and Planning, includes a discussion of the proposed rezoning’s consistency with city plans and goals, including those applicable to design and aesthetics. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to aesthetic resources would be less than significant for scenic vistas, scenic highways, visual quality, and light and glare (Section 3.1, Aesthetics: 3.1-7 to 3.1-17). It further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for community design and visual quality. As such, all projects proposed under General Plan implementation would be required to conform to zoning, design standards, and other regulations concerning aesthetic resources such as those that address architectural design, lighting, signage, landscaping, building setbacks, and hillside protection. The proposed project involves development on sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to aesthetics. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to aesthetics would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of rezone sites listed in Table 2-4 in Section 2, Project Description. 3. 4. Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-9 Threshold 1: Would the project have a substantial adverse effect on a scenic vista? Impact AES-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT HAVE A SUBSTANTIAL EFFECT ON A SCENIC VISTA. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. As stated above under Methodology and Significance Thresholds and because three of the rezone sites are within a TPA and aesthetic impacts in those areas cannot be considered significant impacts, this analysis focuses on the 15 rezone sites not within a TPA. For the purposes of this analysis, a scenic vista is a view from a public place (roadway, designated scenic viewing spot, etc.) that is expansive and considered important by a jurisdiction or a community. It can be obtained from an elevated position (such as from the top of a hillside) or it can be seen from a roadway with a longer-range view of the landscape. An adverse effect would occur if a proposed project would alter, block, or otherwise damage a scenic vista upon implementation. Scenic vistas in Carlsbad consist of the scenic corridors and views to and from the coastline, open spaces, and hillsides. The proposed project introduces land use changes on the rezone sites detailed in Table 2-4 of the Project Description. In most cases, the rezone sites are located in or near already developed areas and coincide with areas designated for development under the existing General Plan. Most of the development on the rezone sites that would be facilitated by the proposed project would occur along already developed corridors. These areas are urbanized with development of varying heights and topographies. Additional development at these rezone sites would not substantially alter or block views of the landscape or towards the ocean from public viewpoints such as roadways, as building heights would be generally similar to existing and ongoing development. The maximum building heights for R-35 and R-40 zoning districts would be increased to 45 feet, and would apply to rezone sites 1, 2, 11, and 12. However, many of the views that would be affected are already fully or intermittently impeded by mature trees, buildings, or existing topography. Although Site 2 would be located along El Camino Real, a scenic corridor, development under the proposed project would continue to abide by development regulations in these areas, and existing General Plan policies would ensure that opportunities to enjoy scenic views are either preserved or enhanced. Future development projects would still be subject to development and planning review and must therefore conform to zoning and other ordinances regarding protection of aesthetic qualities as listed above in the Regulatory Setting. As was found in the 2015 General Plan EIR, compliance with policies 2-P.10, 2-P. 11, 2-P.40, 2-P.41, 2-P.43, 2-P.53, and 3-P.23 would reduce impacts. Due to the siting and nature of the proposed project, and policies that ensure that new development will have minimal impact on scenic corridors and other scenic resources, the proposed project will have a less than significant impact on the city’s scenic vistas. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-10 Threshold 2: Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Impact AES-2 THE CITY OF CARLSBAD DOES NOT CONTAIN A DESIGNATED STATE SCENIC HIGHWAY. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. There are no designated scenic highways in Carlsbad. The segment of I-5 running through the City of Carlsbad is designated as eligible to become a scenic highway, however it is not designated (Caltrans 2023). Therefore, no impacts to designated state scenic highways would occur. The impact would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3: Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Impact AES-3 SIMILAR TO DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT CONFLICT WITH APPLICABLE ZONING AND OTHER REGULATIONS GOVERNING SCENIC QUALITY. THIS IMPACT WOULD BE LESS THAT SIGNIFICANT. Carlsbad can be categorized as an urban area as it is largely built out with a mix of residential neighborhoods, commercial areas and corridors, and industrial areas, and has a population of more than 100,000 residents (CEQA Statute Section 21071). Therefore, for the purposes of this CEQA threshold question, Carlsbad is considered an “urbanized area.” The proposed project does not call for any substantial changes to land use or building design for most neighborhoods within the city and includes provisions to preserve or improve the existing visual character of the city. The proposed project would involve land use changes at 18 rezone sites, 15 of which are not within a TPA. However, future development under the program would not conflict with applicable zoning provisions regulating scenic quality such as height, lot coverage and setback requirements, as well as applicable design standards in effect at that time. The proposed project would facilitate infill development on underutilized sites in order to increase density to accommodate a higher number of affordable housing units in the city in compliance with State law. Development facilitated by the project would be infill development and may enhance the visual quality of the affected rezone sites in some cases by filling in vacant and underdeveloped visual areas with new development. Future development projects would be subject to development and planning review and must therefore conform to zoning and other ordinances regarding protection of aesthetic qualities as listed above in the Regulatory Setting. As was found in the 2015 General Plan EIR, compliance with policies 2-P.10, 2-P. 11, 2-P.40, 2-P.41, 2-P.43, 2-P.53, and 3-P.23 would reduce impacts. Overall, for the 15 rezone sites not within a TPA, the proposed project would not conflict with regulations governing scenic quality. The impact would be less than significant. Environmental Impact Analysis Aesthetics Supplemental Environmental Impact Report 4.1-11 Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. Threshold 4: Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? Impact AES-4 SIMILAR TO DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD RESULT IN NEW SOURCES OF LIGHT OR GLARE IN THE AREA BUT WOULD NOT ADVERSELY AFFECT DAY OR NIGHTTIME VIEWS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Carlsbad is an urbanized city with commensurate level of light and glare. Development facilitated by the project would, in large part, occur as infill on already developed parcels or on vacant or underutilized sites within existing neighborhoods. However, the proposed project would increase allowed density of development on the rezone sites which would add sources of lighting and glare. New lighting could occur on buildings for safety and in pedestrian walkways, and light could be emitted from interior sources through windows on upper stories of tall buildings. The main source of glare would likely be from the sun shining on reflective or light-colored building materials and glazing. Most of the 15 rezone sites not within a TPA and areas surrounding these rezone sites are developed or located in developed urban areas. Development facilitated by the proposed project would mostly occur as redevelopment of existing built sites or infill development of unused parcels mostly between existing built sites. When facilities such as parking lots or underdeveloped sites are replaced with buildings, these replacements may reduce nighttime sources of light, because parking lots are often more brightly lit during the nighttime than most buildings. Development of underutilized or vacant parcels may result in new light sources, but they would likely be congruous with nearby light sources (e.g., lighting from residential windows). Furthermore, as the development facilitated by the project would be residential units, light from windows would be mostly filtered or obscured by window coverings. Light spillover from exterior residential lighting is typically blocked by adjacent structures or trees. Furthermore, development facilitated by the proposed project would comply with applicable guidelines including the City’s Zoning Ordinance and Title 24 of the California Building Code which aim to reduce light spillover. Therefore, overall, new development on the rezone sites resulting from the proposed project would take place in or near developed and urbanized areas, where moderate light and glare already exist, and would not be out of character with the urban environment. This impact would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts Development facilitated by the project in conjunction with other nearby reasonably foreseeable future projects in the area could result in impacts to visual resources and aesthetic quality. Implementation of the project would encourage increased housing development citywide, mainly in areas already developed with other uses. Most projects in the city, adjacent cities, and San Diego City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.1-12 County that are not within TPAs would be required to undergo analysis for impacts to aesthetics and visual resources. These impacts would be mitigated by design guidelines, regulations, policies, and project-specific mitigation measures, thereby limiting damage to existing visual resources and enhancing the visual quality of areas where development occurs. Consequently, development facilitated by the project would not result in significant cumulative environmental impacts in conflict with requirements for preserving scenic vistas, scenic resources in State- or locally designated highways or drives, visual quality, and for limiting the effects of light and glare. Therefore, project implementation would not result in a cumulatively considerable contribution to impact on aesthetics. Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-1 4.2 Air Quality This section evaluates the impacts of the proposed project upon local and regional air quality. Both temporary impacts relating to construction activity and long-term impacts associated with population growth and associated growth in vehicle traffic are discussed. 4.2.1 Setting a. Local Climate and Meteorology Air quality is affected by the rate and location of pollutant emissions and by climatic conditions that influence the movement and dispersion of pollutants. Atmospheric conditions, such as wind speed, wind direction, and air temperature gradients, along with local and regional topography, mediate the relationship between air pollutant emissions and air quality. The City of Carlsbad is located within the San Diego Air Basin (SDAB), which is bordered by the Pacific Ocean to the west, the South Coast Air Basin to the north, the Salton Sea Air Basin to the east, and the United States/Mexico border to the south. Regional wind patterns are dominated by onshore sea breezes during the day, and winds generally slow or reverse direction toward the sea at night. Temperature and precipitation can vary widely in the SDAB, where average annual precipitation ranges from approximately 10 inches in the coastal and inland areas to over 30 inches in the mountains. In general, milder annual temperatures are experienced in the maritime and coastal areas, whereas the interior and desert areas experience warmer summers and cooler winters. High air pollution levels in coastal communities of San Diego can often occur when polluted air from the South Coast Air Basin, particularly from Los Angeles, travels southwest over the ocean at night and is brought on shore into San Diego by the sea breeze during the day (San Diego County Air Pollution Control District [SDAPCD] 2010). Air Pollutants are also transported to San Diego during relatively mild Santa Ana weather conditions, however, during strong Santa Ana weather conditions, pollutants are pushed away from San Diego far out to sea. b. Sources of Air Pollution Air pollutant emissions in the SDAB are generated primarily by stationary and mobile sources. Stationary sources can be divided into two major subcategories:  Point sources occur at a specific location and are often identified by an exhaust vent or stack. Examples include boilers or combustion equipment that produce electricity or generate heat.  Area sources are widely distributed and include such sources as residential and commercial water heaters, painting operations, lawn mowers, agricultural fields, landfills, and some consumer products. Mobile sources refer to emissions from motor vehicles, including tailpipe and evaporative emissions, and can also be divided into two major subcategories:  On-road sources consist of legally operated vehicles on roadways and highways.  Off-road sources include aircraft, ships, trains, and self-propelled construction equipment. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-2 Air pollutants can also be generated by the natural environment, such as when high winds suspend fine dust particles or when wildfires generate smoke containing particulate matter. c. Air Pollutants of Primary Concern The federal and State Clean Air Acts (CAA) mandate the control and reduction of certain air pollutants. Under these laws, the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (CARB) have established the National Ambient Air Quality Standards (NAAQS) and the California Ambient Air Quality Standards (CAAQS) for “criteria pollutants” and other pollutants. Some pollutants are emitted directly from a source (e.g., vehicle tailpipe, an exhaust stack of a factory, etc.) into the atmosphere, including carbon monoxide, volatile organic compounds (VOC)/reactive organic gases (ROG),1 nitrogen oxides (NOX), particulate matter with diameters of up to ten microns (PM10) and up to 2.5 microns (PM2.5), sulfur dioxide (SO2), and lead. Other pollutants are created indirectly through chemical reactions in the atmosphere, such as ozone, which is created by atmospheric chemical and photochemical reactions primarily between VOC and NOX. Secondary pollutants include oxidants, ozone, and sulfate and nitrate particulates (smog). The characteristics, sources and effects of criteria pollutants are discussed in the following subsections. The following subsections describe the characteristics, sources, and health and atmospheric effects of air pollutants of primary concern. Ozone Ozone is produced by a photochemical reaction (triggered by sunlight) between NOX and VOC/ROG are composed of non-methane hydrocarbons (with some specific exclusions), and NOX is composed of different chemical combinations of nitrogen and oxygen, mainly nitric oxide and nitrogen dioxide. NOX are formed during the combustion of fuels, while VOC are formed during combustion and evaporation of organic solvents. As a highly reactive molecule, ozone readily combines with many different components of the atmosphere. Consequently, high levels of ozone tend to exist only while high VOC and NOX levels along with abundant sunshine are present to sustain the ozone formation process. Once the precursors have been depleted, ozone levels rapidly decline. Because these reactions occur on a regional rather than local scale, ozone is considered a regional pollutant. In addition, because ozone requires sunlight to form, it mostly occurs in concentrations considered serious between the months of April and October. Ozone is a pungent, colorless, toxic gas with direct health effects on humans, including changes in breathing patterns, reduction of breathing capacity, increased susceptibility to infections, inflammation of lung tissue, and some immunological changes (USEPA 2022a). Groups most sensitive to ozone include children, the elderly, people with respiratory disorders, and people who exercise strenuously outdoors. Carbon Monoxide Carbon monoxide is a localized pollutant that is found in high concentrations only near its source. The major source of carbon monoxide, a colorless, odorless, poisonous gas, is the incomplete combustion of petroleum fuels by automobile traffic. Therefore, elevated concentrations are usually found only near areas of high traffic volumes. Other sources of carbon monoxide include the incomplete combustion of petroleum fuels at power plants and fuel combustion from wood stoves 1 CARB defines VOC and ROG similarly as, “any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate,” with the exception that VOC are compounds that participate in atmospheric photochemical reactions. For the purposes of this analysis, ROG and VOC are considered comparable in terms of mass emissions, and the term VOC is used in this EIR. Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-3 and fireplaces during the winter. The health effects of carbon monoxide are related to its affinity for hemoglobin in the blood. Carbon monoxide causes a number of health problems, including aggravation of some heart diseases (e.g., angina), reduced tolerance for exercise, impaired mental function, and impaired fetal development. At high levels of exposure, carbon monoxide reduces the amount of oxygen in the blood, leading to mortality (USEPA 2022b). Carbon monoxide tends to dissipate rapidly into the atmosphere; consequently, violations of the NAAQS and/or CAAQS for carbon monoxide are generally associated with localized carbon monoxide “hotspots” that can occur at major roadway intersections during heavy peak-hour traffic conditions. Nitrogen Dioxide Nitrogen dioxide is a by-product of fuel combustion; the primary sources are motor vehicles and industrial boilers and furnaces. The principal form of NOX produced by combustion is nitric oxide, but nitric oxide reacts rapidly with the oxygen in the air to form nitrogen dioxide, creating the mixture of nitric oxide and nitrogen dioxide commonly called NOX. Nitrogen dioxide is an acute irritant that can aggravate respiratory illnesses and symptoms, particularly in sensitive groups (SCAQMD 1993; USEPA 2022c). A relationship between nitrogen dioxide and chronic pulmonary fibrosis may exist, and an increase in bronchitis in young children at concentrations below 0.3 parts per million (ppm) may occur. Nitrogen dioxide absorbs blue light, gives a reddish-brown cast to the atmosphere, and reduces visibility (USEPA 2022c). It can also contribute to the formation of PM10 and acid rain. Sulfur Dioxide Sulfur dioxide is included in a group of highly reactive gases known as “oxides of sulfur.” The largest sources of sulfur dioxide emissions are from fossil fuel combustion at power plants (73 percent) and other industrial facilities (20 percent). Smaller sources of sulfur dioxide emissions include industrial processes such as extracting metal from ore and the burning of fuels with a high sulfur content by locomotives, large ships, and off-road equipment. Sulfur dioxide is linked to a number of adverse effects on the respiratory system, including aggravation of respiratory diseases, such as asthma and emphysema, and reduced lung function (USEPA 2022d). Particulate Matter Suspended atmospheric PM10 and PM2.5 is comprised of finely divided solids and liquids such as dust, soot, aerosols, fumes, and mists. Both PM10 and PM2.5 are directly emitted into the atmosphere as by-products of fuel combustion and wind erosion of soil and unpaved roads. Particulate matter is also created in the atmosphere through chemical reactions. The characteristics, sources, and potential health effects associated with PM10 and PM2.5 can be very different. PM10 is generally associated with dust mobilized by wind and vehicles while PM2.5 is generally associated with combustion processes as well as formation in the atmosphere as a secondary pollutant through chemical reactions. Due to its small size, PM2.5 is more likely to penetrate deeply into the lungs and poses a health threat to all groups, but particularly to the elderly, children, and those with respiratory problems (CARB 2022a). More than half of PM2.5 that is inhaled into the lungs remains there. These materials can damage health by interfering with the body’s mechanisms for clearing the respiratory tract or by acting as carriers of an absorbed toxic substance. Suspended particulates can also reduce lung function, aggravate respiratory and cardiovascular diseases, increase mortality rates, and reduce lung function growth in children (CARB 2022a). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-4 Lead Lead is a metal found naturally in the environment, as well as in manufacturing products. The major sources of lead emissions historically have been mobile and industrial sources. However, as a result of the USEPA’s regulatory efforts to remove lead from gasoline, atmospheric lead concentrations have declined substantially over the past several decades. The most dramatic reductions in lead emissions occurred prior to 1990 due to the removal of lead from gasoline sold for most highway vehicles. Lead emissions were further reduced substantially between 1990 and 2008, with reductions occurring in the metals industries at least in part as a result of national emissions standards for hazardous air pollutants (USEPA 2013). As a result of phasing out leaded gasoline, metal processing currently remains the primary source of lead emissions. The highest level of lead in the air is generally found near lead smelters. Other stationary sources include waste incinerators, utilities, and lead-acid battery manufacturers. The health impacts of lead include behavioral and hearing disabilities in children and nervous system impairment (USEPA 2022e). Toxic Air Contaminants Toxic air contaminants (TACs) are a diverse group of air pollutants that may cause or contribute to an increase in deaths or serious illness, or that may pose a present or potential hazard to human health. TACs include both organic and inorganic chemical substances that may be emitted from a variety of common sources, including gasoline stations, motor vehicles, dry cleaners, industrial operations, painting operations, and research and teaching facilities. One of the main sources of TACs in California is diesel engine exhaust that contains solid material known as diesel particulate matter (DPM). More than 90 percent of DPM is less than one micron in diameter (about 1/70th the diameter of a human hair) and thus is a subset of PM2.5. Because of their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lungs (CARB 2022b). Particulate matter emitted from diesel engines contributes more than 70 percent of the air emission cancer risk associated with the on-road heavy-duty sector within the SCAB (CARB 2017). TACs are different than criteria pollutants because ambient air quality standards have not been established for TACs. TACs occurring at extremely low levels may still cause health effects and it is typically difficult to identify levels of exposure that do not produce adverse health effects. TAC impacts are described by carcinogenic risk and by chronic (i.e., long duration) and acute (i.e., severe but of short duration) adverse effects on human health. d. Current Air Quality As mentioned above, CARB and the USEPA have established ambient air quality standards for major pollutants, including O3, CO, NO2, SO2, Pb, PM10, and PM2.5. Standards have been set at levels intended to be protective of public health. California standards are typically more restrictive than federal standards. Local air districts and CARB monitor ambient air quality to ensure that air quality standards are met and, if they are not met, are required to develop strategies to meet the standards. Air quality monitoring stations measure pollutant ground-level concentrations (typically, 10 feet above ground level). Depending on whether the standards are met or exceeded, the local air basin is classified as in “attainment” or “non-attainment.” Some areas are unclassified, which means no monitoring data are available but are considered to be in attainment. Table 4.2-1 summarizes the CAAQS and the NAAQS for each of these pollutants as well as the attainment status of the SDAB. As shown in Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-5 Table 4.2-1, the SDAB is in non-attainment for the state and federal standards for ozone, the state standard for PM2.5, and the state standard for PM10 (SDAPCD 2023). Table 4.2-1 Ambient Air Quality Standards and Basin Attainment Status Pollutant Averaging Time California Standards Federal Standards Concentration Attainment Status Concentration Attainment Status Ozone 1-Hour 0.09 ppm N − − 8-Hour 0.070 ppm N 0.070 ppm N Carbon Monoxide 8-Hour 9.0 ppm A 9.0 ppm U/A 1-Hour 20.0 ppm A 35.0 ppm U/A Nitrogen Dioxide Annual 0.030 ppm A 0.053 ppm U/A 1-Hour 0.18 ppm A 0.100 ppm U/A Sulfur Dioxide 24-Hour 0.04 ppm A − − 1-Hour 0.25 ppm A 0.075 ppm U/A PM10 Annual 20 µg/m3 N -- − 24-Hour 50 µg/m3 N 150 µg/m3 U PM2.5 Annual 12 µg/m3 N 12 µg/m3 U/A 24-Hour − − 35 µg/m3 U/A Lead 30-Day Average 1.5 µg/m3 A − − 3-Month Average − − 0.15 µg/m3 U/A Notes: ppm = parts per million; µg/m3 = micrograms per cubic meter; A = Attainment; N = Non-attainment; and U = Unclassified Source: SDAPCD 2023 Monitoring of ambient air pollutant concentrations is conducted by CARB and the San Diego County Air Pollution Control District (SDAPCD). The monitoring station located closest to the City of Carlsbad is the Camp Pendleton station (21441 West B Street, Oceanside), located approximately 4 miles to the northwest. This monitoring station measures only ozone, NO2, and PM2.5. The closest monitoring site with available PM10 data is the El Cajon-Lexington Elementary School station, which is approximately 30 miles southeast of the project site. Table 4.2-2 summarizes the maximum concentration of each criteria pollutant measured at these monitoring stations in 2019, 2020, and 2021. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-6 Table 4.2-2 Ambient Air Quality Data at the Nearest Monitoring Station Pollutant 2019 2020 2021 Ozone (ppm), Worst 1-Hour 0.075 0.094 0.074 Number of days of state exceedances (>0.09 ppm) 0 0 0 Ozone (ppm), 8-Hour Average 0.064 0.074 0.059 Number of days of state exceedances (>0.07 ppm) 0 3 0 Number of days of federal exceedances (>0.07 ppm) 0 3 0 Nitrogen Dioxide (ppb) – Worst Hour 53.0 58.0 59.0 Number of days of above state standard (>180 ppb) 0 0 0 Particulate Matter <10 microns, mg/m3, Worst 24 Hours1 38.0 55.0 40.0 Number of days above state standard (>50 mg/m3) 0 0 0 Number of days above federal standard (>150 mg/m3) 0 0 0 Particulate Matter <2.5 microns, mg/m3, Worst 24 Hours 13.8 61.1 20.7 Number of days above federal standard (>35 mg/m3) * * * 1 Data from the El Cajon-Lexington Elementary School Monitoring Station Notes: ppm = parts per million; ppb = parts per billion; µg/m3 = micrograms per cubic meter; * = data not available Source: CARB 2023; USEPA 2023a e. Sensitive Receptors The NAAQS and CAAQS were established to represent the levels of air quality considered sufficient, with an adequate margin of safety, to protect public health and welfare. They are designed to protect that segment of the public most susceptible to respiratory distress as a result of poor air quality, such as children under 14, persons over 65, persons engaged in strenuous work or exercise, and people with pre-existing cardiovascular and chronic respiratory diseases. Locations of sensitive receptors include schools, parks and playgrounds, hospitals, day cares, assisted living facilities, and residential communities (CARB 2005). Federal, State and local regulations, including land use plans, can influence the proximity to which a sensitive receptor can be located near a significant source of air pollution. CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (2005) provides recommendations regarding the siting of new sensitive land uses near potential sources of air toxic emissions (e.g., freeways, distribution centers, rail yards, ports, refineries, chrome plating facilities, dry cleaners, and gasoline dispensing facilities). CARB guidelines also suggest that sensitive receptors not be sited within 500 feet of a high traffic freeway to avoid prolonged exposure to diesel particulates (CARB 2005). 4.2.2 Regulatory Setting a. Federal Federal Clean Air Act The Federal CAA governs air quality in the United States. The CAA is administered by USEPA at the federal level, CARB at the State level, and by the Air Quality Management Districts at the regional and local levels. The CAA of 1970 and the CAA Amendments of 1971 required the USEPA to establish Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-7 the NAAQS, with states retaining the option to adopt more stringent standards or to include other specific pollutants. On April 2, 2007, the Supreme Court found that CO2 is an air pollutant covered by the CAA; however, no NAAQS have been established for CO2. The USEPA is responsible for enforcing the federal CAA. The USEPA is also responsible for establishing NAAQS. NAAQS are required under the 1977 CAA and subsequent amendments. The USEPA regulates emission sources that are under the exclusive authority of the federal government, such as aircraft, ships, and certain types of locomotives. The agency has jurisdiction over emission sources outside State waters (e.g., beyond the outer continental shelf) and establishes various emission standards, including those for vehicles sold in states other than California. Automobiles sold in California must meet the stricter emission standards established by CARB. Construction Equipment Fuel Efficiency Standard The USEPA sets emission standards for construction equipment. The first federal standards (Tier 1) were adopted in 1994 for all off-road engines over 50 horsepower (hp) and were phased in by 2000. A new standard was adopted in 1998 that introduced Tier 1 for all equipment below 50 hp and established the Tier 2 and Tier 3 standards. The Tier 2 and Tier 3 standards were phased in by 2008 for all equipment. The current iteration of emissions standards for construction equipment are the Tier 4 efficiency requirements, which are contained in 40 Code of Federal Regulations Parts 1039, 1065, and 1068 (originally adopted in 69 Federal Register 38958 [June 29, 2004], and most recently updated in 2014 [79 Federal Register 46356]). Emissions requirements for new off-road Tier 4 vehicles were completely phased in by the end of 2015. b. State California Clean Air Act The California CAA allows the State to adopt ambient air quality standards and other regulations provided that they are at least as stringent as federal standards. CARB, a part of the California Environmental Protection Agency (CalEPA), is responsible for the coordination and administration of both federal and state air pollution control programs within California, including setting the CAAQS. CARB also conducts research, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. CARB establishes emissions standards for motor vehicles sold in California, consumer products (such as hairspray, aerosol paints, and barbecue lighter fluid), and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions. CARB also has primary responsibility for the development of California’s State Implementation Plan (SIP), for which it works closely with the federal government and the local air districts. CARB established fifteen air basins and delegated local pollution control authority to Air Pollution Control Districts (APCD) or Air Quality Management Districts (AQMD). For San Diego County, air pollution control authority is vested with the SDAPCD. c. Regional and Local San Diego Regional Air Quality Strategy The San Diego County Air Pollution Control District (SDAPCD) is the designated air quality control agency for the SDAB. The SDAPCD developed the San Diego Regional Air Quality Strategy (RAQS) pursuant to California Clean Air Act (CCAA) requirements. The RAQS was initially adopted in 1991 City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-8 and was updated in 1995, 1998, 2001, 2004, 2009, 2016, 2020, and 2022 (SDAPCD 2022a). The RAQS identifies feasible emission control measures to provide progress in San Diego County toward attaining the State ozone standard. The pollutants addressed in the RAQS are volatile organic compounds (VOCs) and NOX, precursors to the photochemical formation of ozone (the primary component of smog). At present, no attainment plan for PM10 or PM2.5 is required by the state regulations. However, SDAPCD has adopted measures to reduce PM10 and PM2.5 in San Diego County. These measures range from regulation against open burning to incentive programs that introduce cleaner technology. These measures can be found in a report titled “Measures to Reduce Particulate Matter in San Diego County” (SDAPCD 2005). The RAQS relies on information from CARB and SANDAG, including mobile and area source emissions, as well as information regarding projected growth in the County, to project future emissions and then determine from that the strategies necessary for the reduction of emissions through regulatory controls. SDAPCD Rules and Regulations Regulation II: Permits; Rule 10: Permits Required. Requires that any person building, erecting, altering, or replacing any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, shall receive written authorization (Authority to Construction) and a Permit to Operate from the SDAPCD. Regulation II: Permits; Rule 20.1: New Source Review – General Provisions. Establishes the general provisions, including exemptions, definitions, and emission calculations, that apply to any new or modified emission unit, any replacement emission unit, any relocated emission unit or any portable emission unit for which an Authority to Construct or Permit to Operate is required. Regulation II: Permits; Rule 20.2: New Source Review – Non-Major Sources. Applies to any new or modified stationary source, to any new or modified emission unit and to any relocated emission unit that is not considered a major stationary source. As applied to new or modified sources, the rule requires (1) the use of Best Available Control Technology (BACT) where the emissions of PM10, NOx, VOC, or SOx would increase by 10 pounds per day or more; (2) an air quality impact analysis if the emissions of PM10, NOx, VOC, SOx, or lead exceed designated trigger levels; and (3) establishes public noticing requirements prior to issuance of a permit. Regulation IV: Prohibitions; Rule 50: Visible Emissions. Prohibits any activity causing air contaminant emissions darker than 20% opacity for more than an aggregate of 3 minutes in any consecutive 60-minute time period. In addition, Rule 50 prohibits any diesel pile-driving hammer activity causing air contaminant emissions for a period or periods aggregating more than 4 minutes during the driving of a single pile. Regulation IV: Prohibitions; Rule 51: Nuisance. Prohibits the discharge, from any source, of such quantities of air contaminants or other materials that cause or have a tendency to cause injury, detriment, nuisance, annoyance to people and/or the public, or damage to any business or property. Regulation IV: Prohibitions; Rule 55: Fugitive Dust. Regulates fugitive dust emissions from any commercial construction or demolition activity capable of generating fugitive dust emissions, including active operations, open storage piles, and inactive disturbed areas, as well as track-out and carry-out onto paved roads beyond a project site. 1 Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-9 Regulation IV: Prohibitions; Rule 67.0: Architectural Coatings. Requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories. SANDAG’s 2021 Regional Plan SANDAG’s Final 2021 Regional Plan was adopted on December 10, 2021, and provides a long-term blueprint for the San Diego region that seeks to meet regulatory requirements, address traffic congestion, and create equal access to jobs, education, healthcare, and other community resources. The 2021 Regional Plan includes a Sustainable Communities Strategy (SCS), as required by SB 375. The SCS describes coordinated transportation and land use planning that exceeds the State’s target for reducing per capita greenhouse gas emissions set by the CARB. The State- mandated target is a 19 percent reduction compared to 2005 levels in per capita greenhouse gas emissions from cars and light-duty trucks by 2035, and the 2021 Regional Plan aims to achieve a 20 percent reduction by then. Carlsbad General Plan The Carlsbad General Plan (2015) Land Use Element contains the following applicable policies aimed at reducing impacts related to air quality: Policy 2-P.13 Encourage medium to higher density residential uses located in close proximity to commercial services, employment opportunities and major transportation corridors. Policy 4-P.55 Cooperate with the ongoing efforts of the U.S. Environmental Protection Agency, the San Diego Air Pollution Control District, and the State of California Air Resources Board in improving air quality in the regional air basin. Policy 4-P.56 Ensure that construction and grading projects minimize short-term impacts to air quality. a) Require grading projects to provide a storm water pollution prevention plan (SWPPP) in compliance with city requirements, which include standards for best management practices that control pollutants from dust generated by construction activities and those related to vehicle and equipment cleaning, fueling and maintenance; b) Require grading projects to undertake measures to minimize mononitrogen oxides (NOX) emissions from vehicle and equipment operations; and c) Monitor all construction to ensure that proper steps are implemented. The Carlsbad Housing Element contains the following applicable policies aimed at reducing impacts related to air quality and environmental justice: Policy 10-P.42 Consider potential adverse health and safety impacts associated with land use decisions to reduce negative impacts upon residents from hazardous materials, industrial activities, agricultural operations using pesticides applied by spray techniques, facility locations, design features, and other aspects that may negatively impact health or quality of life for affected residents. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-10 Policy 10-P.43 Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas. Policy 10-P.44 Reduce negative impacts associated with environmental hazards, including but not limited to industrial operations and roadway, railway, and airplane generated air and noise pollution through the enforcement of additional project specific mitigations for all development. 4.2.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds This analysis is based on the guidance and methodologies recommended in the air quality emissions thresholds established by the SDAPCD and the CEQA Appendix G thresholds. For purposes of this SEIR, implementation of the proposed project may have a significant adverse impact if it would: 1) Conflict with or obstruct implementation of the applicable air quality plan; 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation; 3) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard; 4) Expose sensitive receptors to substantial pollutant concentrations; and/or 5) Create objectionable odors affecting a substantial number of people. The SDAPCD has established thresholds for criteria air pollutants in Rule 20.2, Table 20-2-1, “AQIA Trigger Levels" requiring the preparation of air quality impact assessments for permitted stationary sources. These thresholds represent levels below which a stationary source would not have a significant impact on ambient air quality. Project-related air quality impacts estimated in this environmental analysis would be considered significant if any of the applicable significance thresholds presented in Table 4.2-3 or are exceeded. Table 4.2-3 SDAPCD Construction Emissions Thresholds Pollutant Total Emissions (lbs/day) PM10 100 PM2.5 55 NOX 250 SOX 250 CO 550 VOC 1371 1 VOC threshold based on SCAQMD levels per South Coast Air Quality Management District SDAPCD (9/01) and the Monterey Bay ARD (MBARD) which has similar federal and state attainment status as San Diego (City of Carlsbad 2015; City of San Diego 2022). PM10 = particulate matter less than 10 microns in diameter, PM2.5 = particulate matter less than 2.5 microns in diameter, NOX = nitrous oxides, SOX = sulfur oxides, VOC = volatile organic compounds; CO = carbon monoxide, lbs/day = pounds per day Source: SDAPCD 2020 Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-11 Table 4.2-4 SDAPCD Operational Emissions Thresholds Total Emissions Pollutant Pounds per Hour (lbs/hr) Pounds per Day (lbs/day) Tons per Year (tpy) PM10 N/A 100 15 PM2.5 N/A 55 10 NOX 25 250 40 SOX 25 250 40 CO 100 550 100 VOC N/A 1371 13.71 Lead and Lead Compounds N/A 3.2 0.6 1 VOC threshold based on SCAQMD levels per South Coast Air Quality Management District SDAPCD (9/01) and the Monterey Bay ARD (MBARD) which has similar federal and state attainment status as San Diego (City of Carlsbad 2015; City of San Diego 2023). PM10 = particulate matter less than 10 microns in diameter, PM2.5 = particulate matter less than 2.5 microns in diameter, NOX = nitrous oxides, SOX = sulfur oxides, VOC = volatile organic compounds; CO = carbon monoxide, lbs/day = pounds per day, N/A = not applicable Source: SDAPCD 2020 State and federal clean air laws require that emissions of pollutants for which federal or state ambient air quality standards are violated be reduced from current levels. In addition, as an SEIR, this analysis is intended to identify any additional impacts to air quality resulting from updates to the City of Carlsbad General Plan that have not been previously addressed in the 2015 General Plan EIR. Methodology Short-term Emissions Emissions from construction activities represent temporary impacts that are typically short in duration, and depend on the size, phasing, and type of project. Air quality impacts can nevertheless be acute during construction periods, resulting in significant impacts to air quality. Construction- related emissions are speculative at the program level because such emissions are dependent on the characteristics of individual development projects. However, because construction of projects under the proposed project would generate temporary criteria pollutant emissions, primarily due to the operation of construction equipment and truck trips, a qualitative analysis is provided below. Long-term Emissions For this SEIR, the methodology for determining the significance of air quality impacts is by analyzing impacts resulting from buildout of the 18 rezone sites identified in Table 2-4 in Section 2, Project Description. Operational emissions were quantified using the California Emissions Estimator Model (CalEEMod) version 2022.1 Project emissions represent the expected development resulting from buildout of the 18 rezone sites as described in in Section 2, Project Description. For modeling purposes, this evaluation assumes that buildout under the proposed project would be 3,295 units of mid-rise apartments (defined in CalEEMod as 3 to 10 floors) during the planning period. In CalEEMod, operational sources of criteria pollutant emissions include area, energy, and mobile sources. Area emissions were based on CalEEMod defaults for each land use type. Electricity use assumed CalEEMod default values and Title 24 compliance based on the construction/operational year. Modeling for water and wastewater were based on CalEEMod defaults. Mobile source emissions consist of emissions generated by vehicles to and from the development sites proposed City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-12 under the 2023-2031 Housing Element. Vehicle Miles Traveled (VMT) was derived from the project specific VMT analysis conducted by Fehr & Peers (2023). The VMT analysis indicated that per capita VMT would be approximately 23.6 under buildout of the proposed project. Toxic Air Contaminants The USEPA considers those pollutants that could cause cancer risks between one in 10,000 (1.0 x 10 4) and one in one million (1.0 x 10-6) for risk management. Proposition 65 (California Health and Safety Code Section 25249.6), enacted in 1986, prohibits a person in the course of doing business from knowingly and intentionally exposing any individual to a chemical that has been listed as known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning. For a chemical that is listed as a carcinogen, the “no significant risk” level under Proposition 65 is defined as the level that is calculated to result in not more than one excess case of cancer in 100,000 individuals (1.0 x 10-5). The SDAPCD recommends the use of this risk level (also reportable as 10 in one million) as the significance threshold for TACs (SDAPCD 2022b). The SDAPCD also recommends that the non-carcinogenic hazards of TACs should not exceed a hazard index (the summation of the hazard quotients for all chemicals to which an individual would be exposed) of 1.0 for either chronic or acute effects (SDAPCD 2022b). b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to air quality would be significant and unavoidable, including for violation of air quality standards and substantial contribution to an existing air quality violation (Section 3.2, Air Quality: 3.2-19 through 3.2-30). It also determined that growth facilitated by the General Plan would not result in a cumulatively considerable net increase of any criteria pollutant for which the General Plan region is nonattainment, nor would it conflict with or obstruct implementation of the applicable air quality plan. Additionally, sensitive receptors would not be exposed to substantial concentrations of pollutants or odors under growth facilitated by the 2015 General Plan EIR. However, even with implementation of the proposed General Plan goals and policies, long-term operation air quality impacts would remain significant and unavoidable. The proposed project involves development on sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to air quality. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to air quality would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description, as well as impacts associated with updates to the Public Safety Element. Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-13 Threshold 1: Would the project conflict with or obstruct implementation of the applicable air quality plan? Impact AQ-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, THE PROPOSED PROJECT WOULD NOT CONFLICT WITH OR OBSTRUCT THE SAN DIEGO REGIONAL AIR QUALITY STRATEGY OR STATE IMPLEMENTATION PLAN. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The CARB mobile source emission projections and SANDAG growth projections are based on population and vehicle trends and land use plans developed by cities. As such, projects that propose development that is consistent with the growth anticipated by the general plan (or less dense) would be consistent with the RAQS. If a project proposes development that is greater than what is assumed in SANDAG’s growth projections upon which the RAQS is based, then the project would be in conflict with the RAQS and SIP. However, the current population and housing in the County are lower than what was projected for the region, and therefore it is unlikely that the additional units from the proposed project would interfere with the SCAPCD’s goals for improving air quality in the SDAB. However, from a long-term planning standpoint, implementation of the proposed project would not comply with the existing assumptions of density and land use utilized to develop the RAQS and applicable SIP. Therefore, even though the proposed project is intended to meet the city’s RHNA which is provided by SANDAG, a revised housing forecast will need to be provided to SANDAG to ensure that the next revisions to the RAQS and the SIP accurately reflect the anticipated growth. SANDAG housing forecasts are updated every four years. The next forecast is scheduled for revision in 2025. Because the proposed project would result in emissions that are greater than what is currently accounted for in the RAQS, the significant air quality impacts would conflict with the RAQS, which is the applicable air quality plan. Therefore, this impact is potentially significant. Mitigation Measures The following mitigation is required for the city under the proposed project in order to ensure project consistency with SANDAG growth projections and the SDAPCD RAQS and SIP. AQ-1 Housing Forecast Revisions Prior to the next update of the Regional Housing Needs Assessment and within six months of the certification of the Final SEIR, the City Planner shall provide a revised housing forecast to SANDAG to ensure that any revisions to the population and employment projections used by SDAPCD in updating the RAQS and the SIP will accurately reflect anticipated growth due to the proposed project. Significance after Mitigation Mitigation measure AQ-1 would ensure that future development under the proposed project is accounted for in SANDAG’s regional growth projections, which are incorporated into the SDAPCD RAQS and SIP. Therefore, this impact would be less than significant with mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-14 Threshold 2: Would the project violate any air quality standard or contribute to an existing or projected air quality violation? Threshold 3: Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Impact AQ-2 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD VIOLATE AIR QUALITY STANDARDS OR CONTRIBUTE TO AN EXISTING AIR QUALITY VIOLATION BECAUSE PROJECT-RELATED EMISSIONS WOULD EXCEED SDAPCD THRESHOLDS. SIMILARLY, THE PROPOSED PROJECT WOULD RESULT IN A CUMULATIVELY CONSIDERABLE NET INCREASE OF CRITERIA POLLUTANTS FOR WHICH THE PROJECT REGION IS NONATTAINMENT UNDER APPLICABLE FEDERAL OR STATE AMBIENT AIR QUALITY STANDARDS. THIS IMPACT WOULD BE SIGNIFICANT AND UNAVOIDABLE. As discussed under Section 4.2.2, Regulatory Setting, criteria pollutants include ozone, carbon monoxide, NOX, PM10, PM2.5, SO2, and lead. The SDAB is a non-attainment area for the federal standards for ozone and the state standards for ozone, PM2.5 and PM10. The SDAB is designated unclassifiable or in attainment for all other federal and State standards. If the proposed project does not exceed thresholds, it would be determined to have less than significant impacts relating to both violation of air quality standards and cumulatively considerable net increases in pollutant emissions. Construction Construction activities from development facilitated by the proposed project would generate temporary air pollutant emissions associated with fugitive dust (PM₁₀ and PM₂․₅) and exhaust emissions from heavy construction equipment and construction vehicles in addition to VOC emissions that would be released during the paving phase and the drying phase of architectural coatings. The extent of daily emissions, particularly NOₓ emissions, generated by construction equipment, would depend on the equipment used and the hours of operation for each project. The extent of PM₁₀ and PM₂․₅ emissions would depend upon the following factors: (1) the amount of disturbed soils; (2) the length of disturbance time; (3) whether existing structures are demolished; (4) whether excavation is involved; and (5) whether transporting excavated materials off site is necessary. The extent of VOC emissions would primarily depend on the square footage of buildings being painted and asphalt surfaces being paved each day. As discussed in Section 4.2.2(a), Significance Thresholds, the SDAPCD has not established plan-level significance thresholds for construction air pollutant emissions. At this time, development facilitated by the proposed project do not have sufficient detail (e.g., construction schedule, amount of soil export, specific buildout parameters) to allow for project-level analysis given the programmatic nature of the plan and thus it would be speculative to analyze project-level impacts. Therefore, a qualitative approach to characterizing construction-related air emissions has been employed for this analysis. Construction activities would occur at the sites identified in the suitable sites inventory contained in Table 2-4 in Section 2, Project Description, which are generally located in urbanized portions of the city. Development at these sites would be subject to compliance with applicable SDAPCD regulations, including Rule 51 (Nuisance), Rule 55 (Fugitive Dust Control), and Rule 67 (Architectural Coating). Additionally, future development would be subject to compliance with General Plan Policy 4-P.56, which includes best management practices for grading activities. Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-15 Compliance with SDAPCD rules would reduce the overall level of air quality impacts associated with construction activities under the proposed project. Furthermore, development facilitated by the proposed project would be required to implement additional mitigation if project-specific analysis identifies the potential to exceed the SDAPCD’s thresholds for construction activities. However, because the exact nature and intensity of reasonably foreseeable development projects is not known at this time, it is speculative to determine whether project-specific mitigation measures would reduce project-level emissions below SDAPCD thresholds for construction activities. Therefore, construction activities under the proposed project could contribute to existing air quality violations and impacts would be potentially significant. Operation Operational emission sources typical of residential land uses include area sources (e.g., fireplaces, architectural coatings, consumer products, and landscaping equipment), energy sources (i.e., use of natural gas for space and water heating and cooking), and mobile sources (i.e., vehicle trips to and from the project sites). Operation of the residential developments facilitated by the proposed project would generate criteria air pollutant emissions associated with area sources, mobile sources, and energy sources. Table 4.2-5 summarizes estimated daily operational emissions of criteria air pollutants and precursors associated with full buildout of the proposed project and provides a conservative comparison of plan-level emissions to the SDAPCD project-level significance thresholds. Table 4.2-5 Estimated Operational Criteria Air Pollutant Emissions (lbs/day) Maximum Daily Emissions (lbs/day) Emission Source VOC NOX CO SO2 PM10 PM2.5 Area 5,144 100 6,411 11 858 854 Energy 1 6 3 <1 <1 <1 Mobile 32 63 601 2 56 11 Project Emissions 5,177 169 6,748 13 914 865 SDAPCD Emissions Thresholds 137 250 550 250 100 55 Threshold Exceeded? Yes No Yes No Yes Yes Notes: See Appendix B for modeling results. Some numbers may not add up precisely due to rounding considerations. As shown in Table 4.2-5, buildout under the proposed project would generate daily mobile source air pollutant emissions in excess of SDAPCD project-level significance thresholds for VOC, CO, PM10, and PM2.5. The city’s 2015 General Plan includes policies to programmatically address long-term increases in air pollutant emissions, such as Policies 2-P.13, 4-P.52, and 9-P.2 which seek to reduce mobile source emissions, encourage infill development, and improve multimodal transportation infrastructure. The Public Safety Element Update also contains the following applicable policy aimed at reducing impacts related to air quality. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-16 Policy 6-P.82 Coordinate with San Diego County Public Health Services and local community organizations to establish extreme heat, drought, and air quality monitoring systems and develop accessible community education resources to prepare community members for increase extreme heat events and ambient air pollution. Furthermore, development facilitated by the proposed project would be required to implement additional mitigation if project-specific analysis identifies the potential to exceed the SDAPCD’s significance thresholds for operational activities. However, despite the emphasis from the project to change land uses to concentrate growth and residences to jobs and services to reduce singular vehicle trips and encourage alternative modes of travel, the project-related emissions would exceed SDAPCD project-level mobile source emissions thresholds. Although the above listed policies would have the effect of reducing mobile VMT, and in turn criteria pollutants, in the project area, emissions would remain in exceedance of SDAPCD thresholds. Therefore, this impact is potentially significant. Mitigation Measures The following mitigation is required for future development under the proposed project in order to reduce operational emissions. AQ-2 Operational Emissions Reductions During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall require each project to determine operational air quality emissions from the project. For projects that exceed regulatory San Diego County Air Pollution Control District (SDAPCD) thresholds, mitigation shall be implemented to reduce impacts to below the regulatory thresholds or to the maximum extent feasible implementing all feasible mitigation. The following represents some measures aimed at reducing air pollutant emissions from operational sources. This is not an exhaustive list of measures, and individual projects shall incorporate measures that best fit each project design.  Use architectural coating materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or have a low-VOC content (below 10 grams per liter). Where such VOC coatings are not available or feasible, the coating with the lowest VOC rating available shall be used. These measures shall be noted on all construction plans, and the city shall perform periodic site inspections during construction to verify compliance.  Prohibit the installation of woodstoves, hearths, and fireplaces in new construction facilitated by the proposed project.  Expand and facilitate completion of planned networks of active transportation infrastructure.  Implement EV charging infrastructure beyond requirements set forth in the 2022 CalGreen mandatory measures. Such requirements would be equivalent to the Tier 2 voluntary measures set forth in the 2022 CalGreen standards.  Implement traffic demand measures, such as unbundling parking fees from rent/lease options, encouraging/developing a ride-share program for the community, and provide car/bike sharing services, that will reduce daily individual car usage and reduce project VMT. Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-17 Significance after Mitigation Mitigation measure AQ-2 would reduce operational emissions from future development under the proposed project, however it would be speculative to quantify such emissions at this time as the details of the individual projects are not known. Therefore, impacts would remain significant and unavoidable. Threshold: Would the project expose sensitive receptors to substantial pollutant concentrations? Impact AQ-3 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD NOT EXPOSE OFFSITE SENSITIVE RECEPTORS TO SUBSTANTIAL POLLUTION CONCENTRATIONS. HOWEVER, THE PROJECT WOULD SITE SENSITIVE RECEPTORS WITHIN CLOSE PROXIMITY TO SOURCES OF TAC EMISSIONS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Carbon Monoxide Hotspots A carbon monoxide hotspot is a localized concentration of carbon monoxide that is above the NAAQS and CAAQS for carbon monoxide. Localized carbon monoxide hotspots can occur at intersections with heavy peak hour traffic. Specifically, hotspots can be created at intersections where traffic levels are sufficiently high such that the local carbon monoxide concentration exceeds the federal one-hour standard of 35.0 parts per million (ppm) or the federal and State eight-hour standard of 9.0 ppm (USEPA 2023b). The SDAB is in attainment of the carbon monoxide NAAQS and CAAQS, and the SDAPCD has not recorded an exceedance of carbon monoxide standards at any monitoring stations over the last 20 years (SDAPCD 2021). Based on the low background level of carbon monoxide in the project area, ever-improving vehicle emissions standards for new cars in accordance with State and federal regulations, and the low level of operational carbon monoxide emissions anticipated for reasonably foreseeable development facilitated by the proposed project, the project would not create new hotspots or contribute substantially to existing hotspots. Therefore, the proposed project would not expose sensitive receptors to substantial concentrations of carbon monoxide, and impacts would be less than significant. Toxic Air Contaminants TACs are defined by California law as air pollutants that may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health. The following subsections discuss the project’s potential to result in impacts related to TAC emissions during construction and operation. Construction Construction-related activities would result in temporary project-generated emissions of DPM exhaust emissions from off-road, heavy-duty diesel equipment for site preparation, grading, building construction, and other construction activities. DPM was identified as a TAC by CARB in 1998. The potential cancer risk from the inhalation of DPM (discussed in the following paragraphs) outweighs the potential non-cancer health impacts (CARB 2022b) and is therefore the focus of this analysis. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-18 Generation of DPM from construction projects typically occurs in a single area for a short period. Construction of housing units facilitated by the proposed project would occur over timeframes ranging generally from one to five years. The dose to which the receptors are exposed is the primary factor used to determine health risk. Dose is a function of the concentration of a substance or substances in the environment and the extent of exposure that person has with the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher exposure level for the Maximally Exposed Individual. The risks estimated for a Maximally Exposed Individual are higher if a fixed exposure occurs over a longer period of time. According to the California Office of Environmental Health Hazard Assessment, health risk assessments, which determine the exposure of sensitive receptors to toxic emissions, should be based on a 70-year exposure period; however, such assessments should be limited to the period/duration of activities associated with the project. Thus, the duration of proposed construction activities (i.e., one to five years) is approximately 3 to 17 percent of the total exposure period used for 30-year health risk calculations. Current models and methodologies for conducting health-risk assessments are associated with longer-term exposure periods of 9, 30, and 70 years, which do not correlate well with the temporary and highly variable nature of construction activities, resulting in difficulties in producing accurate estimates of health risk (Bay Area Air Quality Management District 2017). The maximum PM10 and PM2.5 emissions would occur during demolition, site preparation and grading activities, which would only occur for a portion of the overall estimated timeframe of one to five years for construction of housing units facilitated by the proposed project. These activities would typically last for approximately two weeks to two years, depending on the extent of grading and excavation required (e.g., projects with subterranean parking structures or geological constraints require additional grading as compared to those without). PM10 and PM2.5 emissions would decrease for the remaining construction period because construction activities such as building construction and architectural coating would require less intensive construction equipment. While the maximum DPM emissions associated with demolition, site preparation, and grading activities would only occur for a portion of the overall construction period, these activities represent the worst-case condition for the total construction period. This would represent between 0.1 to 7 percent of the total 30-year exposure period for health risk calculation. Moreover, the proposed housing sites are spread throughout Carlsbad such that people affected by construction- related TAC emissions generated at one site would likely not be affected by construction-related TAC emissions generated at another site should construction activities occur simultaneously. Furthermore, development facilitated by the proposed project would be required to implement additional mitigation if project-specific analysis identifies the potential for construction-related TAC emissions to exceed SDAPCD thresholds. However, because the exact nature and intensity of reasonably foreseeable development projects is not known at this time, it is speculative to determine whether project-specific mitigation measures would reduce project-level emissions below the SDAPCD thresholds. Therefore, impacts would be potentially significant. Implementation of Mitigation Measure AQ-3 would ensure that construction activities would not expose sensitive receptors to substantial TAC concentrations. Operation OFF-SITE RECEPTORS Residential land uses are not considered land uses that generate substantial TAC emissions based on review of the air toxic sources listed in CARB’s guidelines. It is expected that quantities of hazardous TACs generated on-site (e.g., cleaning solvents, paints, landscape pesticides, etc.) for the types of Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-19 proposed residential land uses would be below thresholds warranting further study under the California Accidental Release Program. Because the project would not include substantial TAC sources and is consistent with CARB and SDAPCD guidelines, it would not result in the exposure of off-site sensitive receptors to significant amounts of carcinogenic or toxic air contaminants. Impacts would be less than significant. ON-SITE RECEPTORS The proposed project residential land uses are considered air quality sensitive land uses where sensitive receptors would inhabit. The population residing close to freeways or busy roadways may experience adverse health effects beyond those typically found in urban areas. CARB has published the Air Quality and Land Use Handbook: A Community Health Perspective (CARB 2005), which identifies certain types of facilities or sources that may emit substantial quantities of TACs and therefore could conflict with sensitive land uses, such as “schools and schoolyards, parks and playgrounds, daycare centers, nursing homes, hospitals, and residential communities.” CARB, in the Air Quality and Land Use Handbook, recommends avoiding siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day. Additional non-cancer health risk attributable to proximity to freeways was seen within 1,000 feet and was strongest within 300 feet. California freeway studies show about a 70 percent drop-off in particulate pollution levels at 500 feet (CARB 2005). As discussed above, proximity to freeways increases cancer risk and exposure to particulate matter. Similarly, proximity to heavily travelled transit corridors and intersections would expose residents to higher levels of DPM and carbon monoxide. Additional non-cancer health risk attributable to proximity to freeways was seen within 1,000 feet and was strongest within 300 feet. Implementation of the proposed project involves rezoning that would result in the potential placement of new sensitive receptors (i.e., residences) proximate to existing sources of TACs. Therefore, exposure of future onsite receptors to TACs could occur. The analysis of impacts from the environment on the proposed project is not required under CEQA.2 However, as there is the potential for impacts to onsite receptors from locations near high volume roadways and CARB has set specific screening distances where impacts to sensitive receptors could occur, a discussion of impact is included to fully inform the potential impacts of project implementation. Of the 18 rezone sites, Site 5 and Site 16 are located within 500 feet of the I-5 freeway and Site 2 is located within 500 feet of SR 78. Therefore, impacts at these sites are potentially significant. Mitigation Measures The following mitigation measures are required: AQ-3 Construction Health Risk Assessment For individual projects (excluding ADUs, single-family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize a fleet comprised of strictly EPA rated Tier 4 engines and/or alternative fuel construction equipment, it is required that a construction health risk assessment (HRA) be 2 The August 12, 2015 case law California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 269 determined that CEQA does not require an agency to consider the effects of existing environmental conditions on a proposed project’s future users or residents. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-20 performed.3 The construction HRA shall be performed by a qualified air quality consultant coordinated through the City. The HRA shall be conducted following the Office of Environmental Health Hazards Association’s (OEHHA) 2015 Health Risk Guidelines (OEHHA 2015) and SDAPCD guidelines to determine potential risk and compare the risk to the following SDAPCD thresholds:  Increased cancer risk of > 10.0 in a million;  Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment are recommended to reduce the risk to appropriate levels. The incorporation of Tier 4 and/or alternative fuel construction equipment reduces the emissions of DPM from construction activities and therefore reduces the potential risk to nearby sensitive receptors. AQ-4 Operational Health Risk Assessment Consistent with the provisions contained in the California Air Resources Board Air Quality and Land Use Handbook, future development projects occurring on Site 2, Site 5, or Site 16 under the proposed project should implement the following: Project applicants shall retain a qualified air quality consultant to prepare a HRA in accordance with the CARB and the Office of Environmental Health and Hazard Assessment requirements to determine the exposure of onsite sensitive receptors to emission sources resulting from the proximity to existing high volume roadways. The HRA shall be submitted to the City of Carlsbad for review and approval. Project applicants shall implement the approved HRA recommendations for all impacted onsite sensitive receptor, if any. Such measures may include, but are not limited to:  Install, operate, and maintain in good working order a central heating and ventilation system or other air take system in the building of a sensitive receptor that would be impacted by the project, or in each individual residential unit, that meets the efficiency standard of the minimum efficiency reporting value of 13. The heating and ventilation system should include the following features: installation of a high-efficiency filter and/or carbon filter to minimize particulate and other airborne chemical matter from entering the building. Either high-efficiency particulate absorption filters or American Society of Heating, Refrigeration, and Air-Conditioning Engineers 85 percent supply filters should be used.  Ensure that positive pressure occurs in the building.  Achieve a performance standard of at least one air exchange per hour of fresh outside filtered air.  Achieve a performance standard of at least four air exchanges per hour of recirculation.  Achieve a performance standard of 0.25 air exchanges per hour of unfiltered infiltration if the building is not positively pressurized. 3 Sensitive receptors are that segment of the public most susceptible to respiratory distress as a result of poor air quality, such as children under 14, persons over 65, persons engaged in strenuous work or exercise, and people with pre-existing cardiovascular and chronic respiratory diseases. Locations of sensitive receptors include schools, parks and playgrounds, hospitals, day cares, assisted living facilities, and residential communities (CARB 2005) Environmental Impact Analysis Air Quality Supplemental Environmental Impact Report 4.2-21 Significance after Mitigation Implementation of Mitigation Measures AQ-3 and AQ-4 would reduce impacts related to potential health risks associated with exposure of sensitive receptors to substantial pollutant concentrations of DPM and TACs. Mitigation Measure AQ-3 would ensure that construction activities would not result in exposure of offsite sensitive receptors to substantial TAC concentrations. Mitigation Measure AQ-4 would ensure that new development facilitated by the project would not expose onsite sensitive receptors to substantial air pollutant concentrations. Implementation of these mitigation measures would reduce impacts from DPM and TACs to a less than significant level. Threshold: Would the project create objectionable odors affecting a substantial number of people? Impact AQ-4 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, THE PROPOSED PROJECT WOULD NOT CREATE OBJECTIONABLE ODORS AFFECTING A SUBSTANTIAL NUMBER OF PEOPLE. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. The occurrence and severity of potential odor impacts depends on a number of factors, including the nature, frequency, and intensity of the source; the wind speeds and direction; and the sensitivity of the receiving location, each contributing to the intensity of the impact. Although offensive odors seldom cause physical harm, they can be perceived as a nuisance, cause distress among the public, and result in citizen complaints. The proposed project would facilitate the development of additional housing units in an urbanized area with existing residential, commercial, and industrial uses. Construction activities for development forecasted in accordance with the proposed project may produce temporary odors. Examples of potential odors produced by construction activities include concentrations of unburned hydrocarbons from construction equipment tailpipes and reactive organic gases/compounds from architectural coatings. Such odors generally disperse rapidly from individual project sites, occur at magnitudes that would not affect substantial numbers of people, and would be limited to the temporary construction period. Construction activities forecasted in accordance with the proposed project would be required to comply with SDAPCD Rule 51 (Nuisance), which regulates nuisance odors (SDAPCD 1976). Accordingly, the construction of future development in accordance with the proposed project is not anticipated to create objectionable odors affecting a substantial number of people or expose future residents to odors in concentrations that would produce a public nuisance or hazard. Therefore, this impact would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts Project related air pollution may combine with other cumulative projects (past, present, and reasonably foreseeable future) to violate criteria pollutant standards if the existing background sources cause nonattainment conditions. Air districts manage attainment of the criteria pollutant standards by adopting rules, regulations, and attainment plans, which comprise a multifaceted programmatic approach to such attainment. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.2-22 The geographic scope for analyzing cumulative air quality impacts is the SDAB. The SDAB is designated a nonattainment area for the ozone NAAQS and CAAQS, the PM10 CAAQS, and the PM2.5 CAAQS. The SDAB is in attainment of all other NAAQS and CAAQS. Therefore, cumulative air quality impacts related to PM10, PM2.5, and ozone are potentially significant. As described under Impact AQ-1, the SDAPCD’s approach for assessing cumulative impacts is based on consistency with the latest adopted RAQS. With implementation of Mitigation Measure AQ-1, the proposed project would be consistent with the RAQS. Additionally, SDAPCD best management practices are required for all grading activities in the SDAPCD’s jurisdiction, which would reduce Citywide emissions of ozone precursors, PM10, and PM2.5 from construction facilitated by the proposed project. However, operational emissions resulting from the proposed project would result in exceedances of SDAPCD thresholds, even with implementation of Mitigation Measure AQ-2, and thus would be significant and unavoidable. Therefore, the proposed project’s contribution to cumulative air quality impacts would result in a cumulatively significant impact. As identified under Impact AQ-3, the proposed project would result in a potentially significant impact related to DPM and TAC exposure within the city. Discussion of these impacts considers the cumulative nature of the pollutants in the region; for example, the cancer risk and non-cancer risk thresholds have been set pursuant to existing cancer risks in the area and exceeding those thresholds would be considered a cumulative impact. Implementation of Mitigation Measures AQ-3 and AQ-4 would ensure that future development would not expose new or existing sensitive receptors to cumulatively considerable amount of substantial pollutant concentrations from carbon monoxide hotspots or TACs. Therefore, the project’s contribution to cumulative air quality impacts related to these pollutants would not result in a cumulatively significant impact. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-1 4.3 Biological Resources This section assesses potential for the proposed project to directly or indirectly impact biological resources. This section builds off the prior biological resources analysis in the 2015 General Plan EIR. 4.3.1 Setting The City of Carlsbad is located on the coast of the Pacific Ocean in northwest San Diego. Carlsbad is surrounded by the cities of Oceanside to the north, Encinitas to the south, and Oceanside, Vista and San Marcos and unincorporated areas of San Diego County to the east. Along Carlsbad’s northern edge, urban development abuts Highway 78, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Similarly, Batiquitos Lagoon along the city’s southern edge acts as a boundary between Carlsbad and Encinitas. To the east, city boundaries are less distinctive, as a mix of hillsides and urban development are located adjacent to the cities of Vista and San Marcos and unincorporated county lands. The city’s regional location is depicted in Figure 2-1. Elevations range from sea level along the coast to about 1,000 feet above mean sea level at the southeastern border of the city. Land within the city’s jurisdiction covers about 39 square miles 25,021 acres, about 38 percent of which is currently open space for resource conservation, recreation, agriculture, and aesthetic use. About 7,376 acres (78 percent of open space land) is comprised of natural open space such as native habitats, lagoons, and streams. The city’s open space network boasts three lagoons, nearly 40 miles of hiking trails, and almost seven miles of coastline, as well as unique agricultural and horticultural resources such as the strawberry fields and the Flower Fields. The western edge of the city is characterized by sandy beaches and three low-lying river estuaries or lagoons – the Batiquitos, Agua Hedionda, and Buena Vista lagoons. The lagoons dominate the city’s coastal landscape and provide habitat for a variety of resident and migratory bird species as a part of the city’s overall open space network. The coastal portions of the city are largely developed; however, natural vegetation communities remain in and around the three coastal lagoons and on some of the higher, steeper-sloped, inland portions of the city. The adjacent cities of Oceanside and Vista are largely built out, such that in many places the natural vegetation communities end abruptly along the city border. The remaining landscape linkages to natural communities outside the city occur along the southeastern border with San Marcos and unincorporated lands and along the southern border with Encinitas. a. Vegetation Communities and Land Cover Types Vegetation classification is based on the classification systems provided in the Draft Vegetation Communities of San Diego County (Oberbauer et al. 2008) to provide consistency with the San Diego Multiple Habitat Conservation Program (MHCP) and modified as appropriate to reflect the existing site conditions. Where applicable, vegetation communities were further classified using Vegetation Classification Manual for Western San Diego County (Sproul et al. 2011) to better identify the species composition and provide consistency with California Department of Fish and Wildlife (CDFW) classifications. Natural vegetation communities cover approximately 7,574 acres, or 30 percent, of land within the city’s jurisdiction. The remainder of the city is agricultural lands, disturbed lands, or developed lands. Natural vegetation communities within the city include coastal sage scrub; chaparral (including undifferentiated and southern maritime); grassland (native and non-native); marsh, City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-2 estuarine, and freshwater (including southern coastal saltwater marsh and coastal and valley freshwater marsh); riparian (including sycamore alluvial woodland and riparian scrub); and woodland (including oak woodland and eucalyptus woodland). The principal natural vegetation communities in the city include coastal sage scrub (37 percent) and grassland (18 percent). A description of the natural vegetation communities found within the city is provided below. Vegetation communities at each of the 18 rezone sites are listed in Table 4.3-1 and described more broadly below. Table 4.3-1 Vegetation Communities by Rezone Site Site Name Vegetation Community Description Site 1 North County Plaza Developed, Riparian Developed shopping center, constrained by Buena Vista Creek and its associated riparian habitat and floodplain area Site 2 The Shoppes at Carlsbad parking lot Developed, Riparian Developed shopping center constrained by Buena Vista Creek and its associated riparian habitat and floodplain area Site 3 Chestnut at El Camino Real Woodland Slopes with ornamental woodland Site 4 Zone 15 Cluster Grassland, Coastal Sage Scrub, Riparian Flat, previously graded pad (portion of site) Elements of coastal sage scrub, Agua Hedionda Creek, ornamental trees. High potential for thread-leaved brodiaea (narrow endemic, endangered plant) Site 5 Avenida Encinas Car Storage Lot Developed Paved with planted ornamental vegetation Site 6 Crossings Golf Course Lot 5 Grassland, Coastal Sage Scrub Flat, previously graded pad (grassland) with steep manufactured slope (coastal sage scrub) that drops to the golf course and open space Site 7 Salk Avenue Grassland, Ornamental Flat, previously graded pad with manufactured slopes, high probability of thread-leaved brodiaea onsite (narrow endemic, endangered plant) Site 8 Cottage Row Apartments Coastal Sage Scrub, Disturbed, Developed Coastal sage scrub along northern portion, remainder is developed and disturbed, steep slopes Site 9 West Oaks Industrial Disturbed, Riparian, Coastal Sage Scrub Previously graded pad, Encinas Creek traverses site, riparian intermixed with coastal sage scrub along north side Site 10 Bressi Ranch Colt Place Disturbed Vacant and graded, planted landscaping Site 11 Bressi Ranch Gateway Road Disturbed Vacant and graded, planted landscaping Site 12 Industrial Sites East of Melrose Drive Disturbed Vacant and graded, planted landscaping Site 14 Carlsbad Village COASTER Station Disturbed, Developed Undeveloped dirt lot and paved areas Site 15 City’s Oak Yard Developed Paved Site 16 Caltrans Maintenance Station/Pacific Sales Developed Planted trees and developed Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-3 Site Name Vegetation Community Description Site 17 Poinsettia Coaster Station Developed, Coastal Sage Scrub, Vernal Pool Lot overlaps with Poinsettia Station Vernal Pool Preserve. Remainder is paved parking lot and sidewalk Site 18 North Ponto Parcels Disturbed, Coastal Sage Scrub Disturbed lots with remnant native shrubs Site 19 La Costa Glen/Forum Coastal Sage Scrub, Chaparral, Disturbed, Developed Paved parking lot surrounded by coastal sage scrub, chaparral and disturbed habitat Upland Habitat Coastal Sage Scrub Coastal sage scrub habitat is found on Sites 4, 6, 8, 9, 17, 18, and 19. According to the General Plan, three types of coastal sage scrub exist within the city, representing approximately 38 percent of the natural vegetation in the city: Diegan coastal sage scrub, maritime succulent scrub and coastal sage scrub- chaparral scrub (City of Carlsbad 2015). Diegan coastal sage scrub is drought-deciduous (plants drop their leaves during dry season, as compared to plants that drop their leaves during cold season) and comprised of aromatic shrubs with a diverse understory of annual and perennial non- woody flowering plants and grasses. Diegan coastal sage scrub primarily occurs along dry south- facing slopes or hillsides or on clay-rich soils adjacent to chaparral. In the city, the largest remaining areas of Diegan coastal sage scrub are in Calavera Hills, near the intersection of College Boulevard and Carlsbad Village Drive, and in the Villages of La Costa. Maritime succulent scrub includes a variety of succulents mixed with typical Diegan sage scrub species. Coastal sage scrub–chaparral scrub is a sub-type of coastal sage scrub and considered a transitional community between coastal sage scrub and chaparral types. Coastal sage scrub is home to the federally threatened coastal California gnatcatcher (Polioptila californica californica), as well as the orange-throated whiptail (Aspidoscelis hyperythra; a California Species of Special Concern). Coastal sage scrub is considered sensitive habitat under California regulations, but Diegan coastal sage scrub, in particular, is identified in the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) as a priority for monitoring and restoration. Coastal sage scrub in the city is part of a regionally significant steppingstone corridor that extends into Oceanside, connecting gnatcatcher populations in Orange and Riverside counties with those south and east of Carlsbad. Vernal Pool Vernal pool habitat is present within Site 17. Vernal pools are defined as seasonally flooded depressions that support a distinctive plant and animal community adapted to extreme variability in hydrologic conditions. They fluctuate between seasonally very dry and very wet conditions. Vernal pools must meet both of the following conditions to be characterized as such under the MHCP: (1) the basin is at least partially vegetated during the normal growing season or is unvegetated due to heavy clay or hardpan soils that do not support plant growth or due to degradation by anthropogenic activities; and (2) the basin contains at least one vernal pool obligate species (i.e., species which occur primarily in vernal pools) (County of San Diego 2009). A suite of endemic plant species occurs in vernal pools, many of which are rare species such as San Diego button celery City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-4 (Eryngium aristulatum var. parishii), see Table 4.3-2 below. Additionally, vernal pools can support federally listed fairy shrimp species. Chaparral Elements of chaparral habitat are found on Site 19. There are two categories of chaparral habitat located in the city: undifferentiated (including southern mixed and chamise chaparral) and southern maritime chaparral. Approximately 11 percent of the natural vegetation communities in the city are undifferentiated chaparral, and approximately 4 percent are mapped as southern maritime chaparral, which is subject to change as a result of site-specific surveys. Southern mixed chaparral is a fire- and drought-adapted plant community consisting of various woody shrubs. Chamise chaparral is dominated by chamise (Adenostoma fasciculatum), with remaining species including shrubs and understory plants common in other types of chaparral. Both these vegetation communities occur in a patchy distribution throughout the city and are located on wetter north and west-facing slopes, alternating with coastal sage scrub, grasslands, and oak woodlands. Southern maritime chaparral is the most limited type of chaparral in the city and is considered a sensitive habitat. It is similar to southern mixed chaparral, except that it occurs on sandstone. Sensitive plant and animal species that may be found in chaparral habitat are the wart-stemmed ceanothus (Ceanothus verrucosus; designated as sensitive by the California Native Plant Society (CNPS)), the federally and state-listed endangered Orcutt’s spineflower (Chorizanthe orcuttiana), the California endangered short-leaved dudleya (Dudleya blochmaniae ssp. brevifolia), and the California Watch List species, southern California rufous-crowned sparrow (Aimophila ruficeps). Grassland Grassland habitat is found on Sites 4, 6, and 7. There are approximately 1,807 acres of both native and non-native grasslands within Carlsbad. Native grasslands are considered a sensitive habitat under California regulations and are identified in the CNDDB as priority areas for monitoring and restoration. Within the city, native grassland vegetation is extremely limited and characterized by valley needlegrass and valley and foothill needlegrass. Non-native grassland, characterized by wild oats, bromes, and other such non-native grasses, is not considered a sensitive habitat. However, it is important to note that non-native grassland may be a significant foraging habitat for raptors and the California Fully Protected white-tailed kite (Elanus leucurus). Non-native grassland may also support sensitive plant species such as the federally and state-listed thread leaved brodiaea (Brodiaea filifolia) and San Diego thorn-mint (Acanthomintha ilicifolia), and may serve as a habitat linkage for a number of wildlife species such as mule deer (Odocoileus hemionus) and scrub species such as the coastal California gnatcatcher. Woodland Woodland habitat dominated by eucalyptus (Eucalyptus spp.) is found on Site 3. There are two types of woodlands that occur within Carlsbad: oak woodland (approximately 29 acres) and eucalyptus woodland (approximately 257 acres). Oak woodland is dominated by coast live oak with other scattered tree species. Eucalyptus woodland is dominated by various species of planted eucalyptus that survived from agricultural hedgerows, around old dwellings, or in entire groves. Although eucalyptus woodland is a non-native community that does not support sensitive plant species, it is often used for nesting by raptors and other birds or roosting by bats. Sensitive species that may occur in oak woodlands include the Cooper’s hawk (Accipiter cooperii; a California Watch List Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-5 species), regionally sensitive Harbison’s dun skipper (Euphyes vestris harbisoni), and Nuttall’s scrub oak (Quercus dumosa) and Engelmann oak (Quercus engelmannii; designated as sensitive by CNPS). Riparian Habitat Riparian habitat is found on Sites 1, 2, 4 and 9. Riparian habitats are found along drainages and streams, where soils tend to be moist during all or part of the year. Within Carlsbad, riparian communities may also be the result of agricultural runoff. There are approximately 572 acres of riparian habitat located in the city, consisting of riparian scrub, riparian woodland and riparian forest. Riparian habitats are all considered sensitive under federal and state regulations and policies. Riparian scrub is characterized by several natural and semi-disturbed wetland communities that occur along river courses and seasonally moist drainages. Within Carlsbad, areas of riparian scrub occur in numerous locations, including but not limited to along El Camino Real (south of Batiquitos Lagoon), Encinas Creek, Box Canyon, along the northern portion of the city south of Highway 78 in Buena Vista Creek and in small pockets throughout the city in springs and seeps. Riparian woodland, including sycamore–alder and other riparian woodland, occurs in broad channels of intermittent streams. Riparian forest includes southern coast live oak, which is dominated by coast live oak with other scattered tree species. Sensitive species that may occur in riparian habitats include the federally and state-listed endangered least Bell’s vireo (Vireo bellii). Riparian woodland and forest support nesting for a number of raptor species, including white-tailed kite and Cooper’s hawk. b. Jurisdictional Wetlands, Streams, and Riparian Habitats In accordance with Section 1602 of the California Fish and Game Code (CFGC), the CDFW has jurisdiction over lakes and streambeds (including adjacent riparian resources). CDFW regulates wetland areas that are part of a river, stream, or lake, but also temporary wetland features such as vernal pools. Under Section 404 of the Clean Water Act (CWA), the United States Army Corps of Engineers (USACE) has authority to regulate activities that discharge dredge or fill material into wetlands or other “waters of the United States” through issuance of a Section 404 Permit. Finally, the San Diego Regional Water Quality Control Board (RWQCB) has jurisdiction over “waters of the state” pursuant to the Porter-Cologne Water Quality Control Act and has the responsibility for review of the project water quality certification per Section 401 of the federal CWA. The National Wetlands Inventory illustrates several wetlands and non-wetland waters that occur within the city (Figure 4.3-1). Sites 1, 2, 4, 9, and 17 contain mapped NWI wetlands. Buena Vista Creek Creek, Agua Hedionda Creek, and San Marcos Creek are Relatively Permanent Waters (RPWs) that maintain a direct hydrologic surface connection to the Pacific Ocean, a traditional navigable water (TNW). c. Special-Status Species Special-status species include those listed as rare, threatened, or endangered by CDFW or the USFWS, or are candidates for either state or federal listing, or have been designated as "fully protected" or "species of special concern" by USFWS and CDFW, or are other species that are tracked by the California Natural Diversity Database (CNDDB) or California Native Plant Society (CNPS), but do not fall into any of the categories cited above. Table 4.3-2 contains a list of the special-status species from the CNDDB and CNPS Inventory of Rare Plants that have been recorded in the San Luis Rey, California 7.5-minute USGS quadrangle and the surrounding eight quadrangles. Information regarding the occurrences of special-status species in the Planning Area was also City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-6 obtained from a query of the USFWS Information for Planning and Conservation (IPaC) (February 2022). The CNDDB includes all taxa that are listed by the CESA, as well as most federally listed taxa that occur in California. Additionally, the CNDDB includes elements that are considered rare by experts, but that have not undergone the rigorous steps necessary to become officially listed through CESA. Many of the listed observations are historic (i.e., found in habitat that is no longer present). Therefore, while it is likely that several of these species are found in the city’s open space areas and undeveloped vegetated hillsides at the wildland-urban interface, most of the species on this list would have low potential to occur on, and adjacent to the rezone sites and are not expected to be present due to the lack of suitable habitat or other factors (e.g., urban development, nighttime noise and light, domestic animals). Federally- and/or state-designated threatened and endangered species, and California Species of Special Concern (SSC) or California Fully Protected species that have the potential to occur in areas subject to development under the proposed project are listed in Table 4.3-2. Six special-status species have at least a moderate potential to occur in the project area based on the presence of suitable habitat types. This includes four sensitive wildlife species and two sensitive plant species that are known to be present or are likely present on Sites 1, 2, 4, 6, 7, 8, 9, 17, 18 and 19 as described in Table 4.2-3 below. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-7 Figure 4.3-1 Carlsbad National Wetlands Inventory Map ~ __ J City Limits Stream/River [3 Lagoon/Reservoir Wetland Type ------ Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine N o~--~o.,..; .... s ___ .,..1.s 11 Miles ~ Imagery provided by Esri and its licensors © 2023. ~ .. __ ...... -...... ,L ' .... -- -- ,_.(, ' • ~'it, .~,· '1 ~ E'DR 1 ' ' ' ' 't. • Additional data provided by City of Carlsbad, 2022; USGS, 2022; California Department of Water Resources, 2021. DAYP.VE "i"P.OR1 '.__/ -!, "'<;; OJ .0 City of San Marcos City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-8 Table 4.3-2 Special-Status Plant and Wildlife Species with Potential to be Affected by the Proposed Project Scientific Name Common Name Status Habitat Requirements Plants and Lichens Artemisia palmeri San Diego sagewort None/None G3?/S3? 4.2 Perennial deciduous shrub. Chaparral, coastal scrub, riparian forest, riparian scrub, riparian woodland. Mesic, sandy. Elevations: 50-3000ft. (15- 915m.) Blooms (Feb)May-Sep. Bloomeria clevelandii San Diego goldenstar None/None G2/S3 1B.1 Perennial bulbiferous herb. Chaparral, coastal scrub, valley and foothill grassland, vernal pools. Clay. Elevations: 165-1525ft. (50-465m.) Blooms Apr-May. Brodiaea filifolia thread-leaved brodiaea FT/SCE G2/S2 1B.1 Perennial bulbiferous herb. Chaparral, cismontane woodland, coastal scrub, playas, valley and foothill grassland, vernal pools. Clay (often). Elevations: 80-3675ft. (25-1120m.) Blooms Mar-Jun. This species has a high potential to occur on or adjacent to Sites 4 and 7. Calandrinia breweri Brewer's calandrinia None/None G4/S4 4.2 Annual herb. Chaparral, coastal scrub. Burned areas, disturbed areas, loam (sometimes), sandy (sometimes). Elevations: 35-4005ft. (10-1220m.) Blooms (Jan)Mar-Jun. Chorizanthe orcuttiana Orcutt's spineflower FE/SCE G1/S1 1B.1 Annual herb. Chaparral, closed-cone coniferous forest, coastal scrub. Openings, sandy. Elevations: 10-410ft. (3-125m.) Blooms Mar-May. Eryngium aristulatum var. parishii San Diego button-celery FE/SCE G5T1/S1 1B.1 Annual/perennial herb. Coastal scrub, valley and foothill grassland, vernal pools. San Diego mesa hardpan and claypan vernal pools and southern interior basalt flow vernal pools; usually surrounded by scrub. Elevations: 65-2035ft. (20-620m.) Blooms Apr-Jun. Known to occur within the vernal pool preserve on Site 17. Hazardia orcuttii Orcutt's hazardia None/SCT G1/S1 1B.1 Perennial evergreen shrub. Chaparral, coastal scrub. Often on clay; in grassy edges of chaparral and coastal scrub. Elevations: 260-280ft. (80- 85m.) Blooms Aug-Oct. Horkelia truncata Ramona horkelia None/None G3/S3 1B.3 Perennial herb. Chaparral, cismontane woodland. Habitats in California include: mixed chaparral, vernal streams, and disturbed areas near roads. Clay soil; at least sometimes on gabbro. Elevations: 1310-4265ft. (400-1300m.) Blooms May-Jun. Lepidium virginicum var. robinsonii Robinson's pepper-grass None/None G5T3/S3 4.3 Annual herb. Chaparral, coastal scrub. Dry soils, shrubland. 4-. Elevations: 5-2905ft. (1-885m.) Blooms Jan-Jul. Nolina cismontana chaparral nolina None/None G3/S3 1B.2 Perennial evergreen shrub. Chaparral, coastal scrub. Primarily on sandstone and shale substrates; also known from gabbro. Elevations: 460- 4185ft. (140-1275m.) Blooms (Mar)May-Jul. Pseudognaphalium leucocephalum white rabbit-tobacco None/None G4/S2 2B.2 Perennial herb. Chaparral, cismontane woodland, coastal scrub, riparian woodland. Sandy, gravelly sites. Elevations: 0-6890ft. (0-2100m.) Blooms (Jul)Aug-Nov(Dec). Salvia munzii Munz's sage None/None G2/S2 2B.2 Perennial evergreen shrub. Chaparral, coastal scrub. Rolling hills and slopes, in rocky soil. Elevations: 375-3495ft. (115-1065m.) Blooms Feb-Apr. Viguiera laciniata San Diego County viguiera None/None G4/S4 4.3 Perennial shrub. Chaparral, coastal scrub. Slopes and ridges. Elevations: 195-2460ft. (60-750m.) Blooms Feb-Jun(Aug). Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-9 Scientific Name Common Name Status Habitat Requirements Invertebrates Danaus plexippus pop. 1 monarch - California overwintering population FC/None G4T2T3/S2S3 Winter roost sites extend along the coast from northern Mendocino to Baja California, Mexico. Roosts located in wind-protected tree groves (eucalyptus, Monterey pine, cypress), with nectar and water sources nearby. Branchinecta sandiegonensis San Diego fairy shrimp FE/ None G1/S2 Endemic to San Diego and Orange County mesas. Inhabit seasonal pools filled by winter/spring rains. Hatch in warm water later in the season. Known to occur on vernal pool preserve on Site 17 Streptocephalus woottoni Riverside fairy shrimp FE/None G1G2/S1S2 Endemic to Western Riverside, Orange, and San Diego counties in areas of tectonic swales/earth slump basins in grassland and coastal sage scrub. Inhabit seasonally astatic pools filled by winter/spring rains. Hatch in warm water later in the season. Known to occur on vernal pool preserve on Site 17. Reptiles Anniella stebbinsi Southern California legless lizard None/None G3/S3 SSC Generally south of the Transverse Range, extending to northwestern Baja California. Occurs in sandy or loose loamy soils under sparse vegetation. Disjunct populations in the Tehachapi and Piute Mountains in Kern County. Variety of habitats; generally in moist, loose soil. They prefer soils with a high moisture content. Aspidoscelis hyperythra orange-throated whiptail None/None G5/S2S3 WL Inhabits low-elevation coastal scrub, chaparral, and valley-foothill hardwood habitats. Prefers washes and other sandy areas with patches of brush and rocks. Perennial plants necessary for its major food: termites. Aspidoscelis tigris stejnegeri coastal whiptail None/None G5T5/S3 SSC Found in deserts and semi-arid areas with sparse vegetation and open areas. Also found in woodland and riparian areas. Ground may be firm soil, sandy, or rocky. Crotalus ruber red-diamond rattlesnake None/None G4/S3 SSC Chaparral, woodland, grassland, and desert areas from coastal San Diego County to the eastern slopes of the mountains. Occurs in rocky areas and dense vegetation. Needs rodent burrows, cracks in rocks or surface cover objects. Salvadora hexalepis virgultea coast patch-nosed snake None/None G5T4/S2S3 SSC Brushy or shrubby vegetation in coastal Southern California. Require small mammal burrows for refuge and overwintering sites. Birds Accipiter cooperii Cooper's hawk None/None G5/S4 WL Woodland, chiefly of open, interrupted or marginal type. Nest sites mainly in riparian growths of deciduous trees, as in canyon bottoms on river flood- plains; also, live oaks. Aimophila ruficeps canescens southern California rufous-crowned sparrow None/None G5T3/S3 WL Resident in Southern California coastal sage scrub and sparse mixed chaparral. Frequents relatively steep, often rocky hillsides with grass and forb patches. Artemisiospiza belli belli Bell's sage sparrow None/None G5T2T3/S3 WL Nests in chaparral dominated by fairly dense stands of chamise. Found in coastal sage scrub in south of range. Nest located on the ground beneath a shrub or in a shrub 6-18 inches above ground. Territories about 50 yds apart. Campylorhynchus brunneicapillus sandiegensis coastal cactus wren None/None G5T3Q/S3 SSC Southern California coastal sage scrub. Wrens require tall opuntia cactus for nesting and roosting. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-10 Scientific Name Common Name Status Habitat Requirements Empidonax traillii extimus southwestern willow flycatcher FE/SE G5T2/S1 Riparian woodlands in Southern California. Icteria virens yellow-breasted chat None/None G5/S3 SSC Summer resident; inhabits riparian thickets of willow and other brushy tangles near watercourses. Nests in low, dense riparian, consisting of willow, blackberry, wild grape; forages and nests within 10 ft of ground. Polioptila californica californica coastal California gnatcatcher FT/None G4G5T3Q/S2 SSC Obligate, permanent resident of coastal sage scrub below 2500 ft in Southern California. Low, coastal sage scrub in arid washes, on mesas and slopes. Not all areas classified as coastal sage scrub are occupied. High probability of occurrence on or adjacent to Sites 4, 6, 8, 9, 17, 18 and 19. Setophaga petechia yellow warbler None/None G5/S3S4 SSC Riparian plant associations in close proximity to water. Also nests in montane shrubbery in open conifer forests in Cascades and Sierra Nevada. Frequently found nesting and foraging in willow shrubs and thickets, and in other riparian plants including cottonwoods, sycamores, ash, and alders. Vireo bellii pusillus least Bell's vireo FE/SE G5T2/S2 Summer resident of Southern California in low riparian in vicinity of water or in dry river bottoms; below 2000 ft. Nests placed along margins of bushes or on twigs projecting into pathways, usually willow, Baccharis, mesquite. Moderate potential to occur on or adjacent to Sites 1, 2 and 4. Mammals Antrozous pallidus pallid bat None/None G4/S3 SSC Found in a variety of habitats including deserts, grasslands, shrublands, woodlands, and forests. Most common in open, dry habitats with rocky areas for roosting. Roosts in crevices of rock outcrops, caves, mine tunnels, buildings, bridges, and hollows of live and dead trees which must protect bats from high temperatures. Very sensitive to disturbance of roosting sites. Chaetodipus californicus femoralis Dulzura pocket mouse None/None G5T3/S3 SSC Found in a variety of habitats including coastal scrub, chaparral, and grassland in San Diego County, Baja California, and Mexico. Attracted to grass-chaparral edges. Chaetodipus fallax fallax northwestern San Diego pocket mouse None/None G5T3T4/S3S4 SSC Inhabits coastal sage scrub, sagebrush scrub, grasslands, and chaparral communities. Found in open, sandy areas in southwestern California and northern Baja California. Prefers moderately gravelly and rocky substrates. Dipodomys stephensi Stephens' kangaroo rat FE/ST G2/S2 Found primarily in annual & perennial grasslands, but also occurs in coastal scrub & sagebrush with sparse canopy cover. Prefers buckwheat, chamise, brome grass & filaree. Will burrow into firm soil and use the burrows of California ground squirrels and pocket gophers. Occurs only in southern California. Eumops perotis californicus western mastiff bat None/None G4G5T4/S3S4 SSC Occurs in open, semi-arid to arid habitats, including coniferiferous and deciduous woodlands, coastal scrub, grasslands, and chaparral. Roosts in crevices in cliff faces and caves, and buildings. Roosts typically occur high above ground. Lasiurus cinereus hoary bat None/None G3G4/S4 Typically roosts in trees in deciduous and coniferous forests and woodlands but occassionally roosts in rocks crevices. Forages in open areas, typically along riparian corridors or over water. Diet primarily consists of moths. Lepus californicus bennettii San Diego black-tailed jackrabbit None/None G5T3T4/S3S4 Occurs in Los Angeles, San Bernardino, Riverside, and San Diego Counties of southern California. Typically found in open shrub habitats. Will also occur in woodland habitats with open understory adjacent to shrublands. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-11 Scientific Name Common Name Status Habitat Requirements Myotis yumanensis Yuma myotis None/None G5/S4 Occurs in a variety of lowland and upland habitats including desert scrub, riparian, and woodlands and forests. Distribution is closely tied to bodies of water. Roosts in a variety of areas including caves, cliffs, mines, crevices in live trees, and buildings and other man-made structures. Neotoma lepida intermedia San Diego desert woodrat None/None G5T3T4/S3S4 SSC Occurs in scrub habitats of southern California from San Luis Obispo County to San Diego County. Nyctinomops femorosaccus pocketed free-tailed bat None/None G5/S3 SSC Variety of arid areas in Southern California; pine-juniper woodlands, desert scrub, palm oasis, desert wash, desert riparian, etc. Rocky areas with high cliffs. Perognathus longimembris pacificus Pacific pocket mouse FE/None G5T1/S1 SSC Inhabits the narrow coastal plains from the Mexican border north to El Segundo, Los Angeles County. Seems to prefer soils of fine alluvial sands near the ocean, but much remains to be learned. Taxidea taxus American badger None/None G5/S3 SSC Most abundant in drier open stages of most shrub, forest, and herbaceous habitats, with friable soils. Needs sufficient food, friable soils and open, uncultivated ground. Preys on burrowing rodents. Digs burrows. Listing and Special-Status Species Information Status (Federal/State) CRPR (CNPS California Rare Plant Rank) FE = Federal Endangered 1B = Rare, Threatened, or Endangered in California and elsewhere FT = Federal Threatened 2A = Presumed extirpated in California, but common elsewhere FD = Federal Delisted 2B= Rare, Threatened, or Endangered in California, but more FC = Federal Candidate common elsewhere SE = State Endangered 3 = Need more information (Review List) ST = State Threatened 4 = Limited Distribution (Watch List) SCE = State Candidate Endangered SR = State Rare CRPR Threat Code Extension SD = State Delisted .1 = Seriously endangered in California (>80% of occurrences SSC = CDFW Species of Special Concern threatened/high degree and immediacy of threat) FP = CDFW Fully Protected .2 = Moderately threatened in California (20-80% of occurrences WL = CDFW Watch List threatened/moderate degree and immediacy of threat) .3 = Not very endangered in California (<20% of occurrences threatened/low degree and immediacy of threat) Other Statuses G1 or S1 Critically Imperiled Globally or Subnationally (state) G2 or S2 Imperiled Globally or Subnationally (state) G3 or S3 Vulnerable to extirpation or extinction Globally or Subnationally (state) G4/5 or S4/5 Apparently secure, common and abundant Additional notations may be provided as follows T – Intraspecific Taxon (subspecies, varieties, and other designations below the level of species) Q – Questionable taxonomy that may reduce conservation priority ? – Inexact numeric rank Sensitive Natural Communities Plant communities are considered sensitive if they have limited distributions, have high wildlife value, include sensitive species, or are particularly susceptible to disturbance. CDFW maintains a list of sensitive natural communities (CDFW 2022). Sensitive habitats listed by in the CNDDB and the City of Carlsbad’s Habitat Management Plan (HMP) as occurring in the Carlsbad region include: City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-12  Coastal Brackish Marsh  Diegan Coastal Sage Scrub  Maritime Succulent Scrub  Oak Woodland  San Diego Mesa Claypan Vernal Pool  San Diego Mesa Hardpan Vernal Pool  Southern Coastal Salt Marsh  Southern Cottonwood Willow Riparian Forest  Southern Maritime Chaparral  Southern Riparian Forest  Southern Riparian Scrub  Southern Sycamore Alder Riparian Woodland  Southern Willow Scrub  Vernal Pools Based on a desktop review and site reconnaissance, marsh, riparian, and/or willow scrub communities occur at Sites 1, 2, 4, 7, 9, and 17. 4.3.2 Regulatory Setting a. Federal Federal Endangered Species Act The Federal Endangered Species Act of 1973 (FESA) and subsequent amendments provide for the conservation of endangered and threatened species, and the ecosystems upon which they depend. Section 7 of the FESA requires federal agencies to aid in the conservation of listed species, and to ensure that the activities of federal agencies will not jeopardize the continued existence of listed species or adversely modify designated critical habitat. The United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA) are responsible for administration of the FESA and have regulatory authority over federally listed species. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds, and prohibits the removal of nests occupied by migratory birds. The USFWS administers the MBTA. United States Army Corps of Engineers Jurisdiction The USACE, under provisions of Section 404 of the CWA and USACE implementing regulations, has jurisdiction over the placement of dredged or fill material into “waters of the United States.” Congress enacted the CWA “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” Previous regulations codified in 1986 defined “waters of the United States” as traditional navigable waters, interstate waters, all other waters that could affect interstate or foreign commerce, impoundments of waters of the United States, tributaries, the territorial seas, and adjacent wetlands. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-13 On March 20,2023, the United States Environmental Protection Agency (USEPA) and the USACE released a revised definition of waters of the United States. This rule defines several categories of jurisdictional waters, documents certain types of waters that are excluded from jurisdiction, and clarifies some regulatory terms. Under the revised definition, waters of the United States include: 1. Territorial seas and traditional navigable waters; 2. Perennial and intermittent tributaries that contribute surface flow to those waters; 3. Certain Lakes and ponds, and impoundments of jurisdictional waters, and; 4. Wetlands adjacent to jurisdictional waters. USACE jurisdictional limits are typically identified by the OHWM or the landward edge of adjacent wetlands (where present). The OHWM is the “line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding area” (33 CFR 328.3). The USACE defines wetlands as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR 328.3). The USACE’s delineation procedures identify wetlands in the field based on indicators of three wetland parameters: hydrophytic vegetation, hydric soils, and wetland hydrology. b. State California Endangered Species Act The California Department of Fish and Wildlife (CDFW) is responsible for administration of the California Endangered Species Act (CESA). For projects that affect both a State and federal listed species, compliance with the FESA will satisfy the CESA if the CDFW determines that the federal incidental take authorization is consistent with the CESA. Projects that result in a take of a California listed species require a take permit under the CESA. The federal and State acts lend protection to species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or den locations, communal roosts, and other essential habitat. Unlike the FESA, the CESA prohibits the take of not just listed endangered or threatened, but also candidate species (species petitioned for listing). The CESA defines an endangered species as: …a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease. A threatened species is defined as: …a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-14 required by this chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened species. Candidate species are defined as: …a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list. Candidate species may be afforded temporary protection as though they were already listed as threatened or endangered at the discretion of the Fish and Game Commission. Unlike the FESA, CESA does not include listing provisions for invertebrate species. Article 3, Sections 2080 through 2085, of the CESA addresses the taking of threatened or endangered species by stating: …no person shall import into this State, export out of this State, or take, possess, purchase, or sell within this State, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided. Under the CESA, “take” is defined as, “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” Additionally, some sensitive mammals and birds are protected by the state as Fully Protected Mammals or Fully Protected Birds, as described in the CFGC, Sections 4700 and 3511, respectively. Nesting Bird Protection – California Fish and Game Code According to CFGC Section 3503 it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird [except English sparrows (Passer domesticus) and European starlings (Sturnus vulgaris)]. Sections 3503 and 3513 prohibit the taking of specific birds, their nests, eggs, or any portion thereof during the nesting season. Section 3503.5 specifically protects birds in the orders Falconiformes and Strigiformes (birds-of-prey). Section 3513 essentially overlaps with the federal MBTA, prohibiting the take or possession of any migratory nongame bird. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “take” by CDFW. California Native Plant Protection Act The California Native Plant Protection Act (NPPA) was enacted in 1977 and allows the Fish and Game Commission to designate plants as rare or endangered. Currently, 64 species, subspecies, and varieties of plants are protected as rare under the NPPA. The NPPA prohibits take of endangered or rare native plants but includes some exceptions for agricultural and nursery operations; emergencies; and after properly notifying CDFW for vegetation removal from canals, roads, and other sites, changes in land use, and in certain other situations. Effective in 2015, CDFW promulgated regulations (14 CCR 786.9) under the authority of the NPPA, establishing that the CESA permitting procedures (CFG Code Section 2081) would be applied to plants listed under the NPPA as "Rare." With this change, there is little practical difference for the regulated public between plants listed under CESA and those listed under the NPPA. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-15 San Diego Regional Water Quality Control Board The State Water Resources Control Board (SWRCB) and the local San Diego RWQCB assert jurisdiction, on behalf of the USEPA, over waters of the U.S. pursuant to Section 401 of the CWA. In addition, where federal jurisdiction is not asserted (for example, due to a lack of connectivity to a Relatively Permanent Waters [RPW] and Traditional Navigable Waters [TNW]), RWQCB assert jurisdiction over “waters of the State” pursuant to Section 13263 of Porter-Cologne, which are defined as any surface water or groundwater, including saline waters, within the boundaries of the State. In this event, the SWRCB may issue general Waste Discharge Requirements (WDRs) regarding discharges to “isolated” waters of the State if limiting criteria are not exceeded (Water Quality Order No. 2004-0004-DWQ, Statewide General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by the USACE to be Outside of Federal Jurisdiction) or project-specific WDRs. California Department of Fish and Wildlife Stream and Riparian Habitat Pursuant to CFGC Section 1600, CDFW has authority over all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state, and requires any person, state or local governmental agency, or public utility to notify the CDFW before beginning any activity that would “substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake” that supports fish or wildlife resources. A stream is defined as a “body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation”. A Lake or Streambed Alteration Agreement may be required for any proposed project that would result in an adverse impact to a river, stream, or lake. CDFW jurisdiction typically extends to the top of the bank and out to the outer edge of adjacent riparian vegetation if present. However, CDFW can take jurisdiction over a body of flowing water and the landform that conveys it, including water sources and adjoining landscape elements that are byproducts of and affected by interactions with flowing water without regard to size, duration, or the timing of flow. Special-Status Species Protection Special-status wildlife species are those species included on the CDFW “Special Animals” list. “Special Animal” is a general term that refers to all of the taxa the CNDDB is interested in tracking, regardless of their legal or protection status. The CDFW considers the taxa on this list to be those of greatest conservation need. The species on this list generally fall into one or more of the following categories:  Officially listed or proposed for listing under the State and/or Federal Endangered Species Acts.  State or Federal candidate for possible listing.  Taxa that meet the criteria for listing, even if not currently included on any list, as described in  Section 15380 of the California Environmental Quality Act Guidelines.  Taxa considered by the Department to be a Species of Special Concern. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-16  Taxa that are biologically rare, very restricted in distribution, declining throughout their range, or have a critical vulnerable stage in their life cycle that warrants monitoring.  Populations in California that may be on the periphery of a taxon’s range but are threatened with extirpation in California. c. Regional and Local Multiple Habitat Conservation Program Under the California NCCP Act, the cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista participated in the preparation of the Multiple Habitat Conservation Program (MHCP), a comprehensive plan that addresses the needs of multiple plant and animal species in northwestern San Diego County. The MHCP Subregional Plan was adopted and certified by the San Diego Association of Governments (SANDAG) Board of Directors in March 2003. The intent is that each jurisdiction will implement their respective portions of the MHCP Plan through citywide “subarea” plans, which describe the specific policies each city will institute for the MHCP. City of Carlsbad Municipal Code Protection of Trees Ordinance City of Carlsbad Municipal Code Chapter 11.12.080, Protection of Trees, establishes regulations and standards to preserve trees in Carlsbad. This ordinance is designed to protect trees by restricting removal, trim, prune or cutting of any street tree, shrub or plant. City of Carlsbad Municipal Code Heritage Trees City of Carlsbad Municipal Code Chapter 11.12.140, Heritage Trees, establishes protection of all designated heritage trees that are on public streets. The city may officially designate as heritage trees those trees in the community which have significant historical or arboricultural interest. Habitat Management Plan for Natural Communities in the City of Carlsbad The City of Carlsbad prepared a subarea plan as a part of the MHCP, called the “Habitat Management Plan for Natural Communities in the City of Carlsbad,” (HMP) which was adopted by the Carlsbad City Council in November 2004. The HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of habitat and protect sensitive biological resources in the city while also allowing for additional development and growth as anticipated under the city’s General Plan. Formal approval and adoption of the HMP occurred through issuance of a permit by wildlife agencies, namely USFWS and CDFW, as well as execution of an implementation agreement between the city and the wildlife agencies. To date, Carlsbad’s HMP is the only adopted subarea plan in the MHCP subregion. The Carlsbad HMP preserve contains natural habitats that are necessary to sustain threatened, listed, or sensitive species, and to maintain biological value. According to the permit issued by the wildlife agencies, the HMP is required to establish a preserve of 6,478 acres of natural habitat (within the city’s jurisdictional boundary), as well as an additional 308 acres of “core area” habitat for the coastal California gnatcatcher (outside of the city’s jurisdiction). Open Space Management Plan As a framework plan to assist in the implementation of the MHCP and HMP, the city’s Open Space Management Plan (OSMP) establishes procedures, standards, guidelines, and conditions for long- Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-17 term conservation and management of sensitive species and habitat. The OSMP applies to three additional categories of open space land that are not included in the areas identified as preserved in the HMP or MHCP. The categories are as follows:  Other Natural Lands. The OSMP applies to all of the natural lands in the city, whereas the HMP applies to natural lands consisting of existing or proposed preserves and lands subject to HMP standards. The other natural lands that are not subject to the HMP (mostly isolated smaller fragments of habitat) were not included in the HMP and MHCP primarily because they did not contribute significantly to the overall biological value of the preserve; however, they are included in the OSMP planning area and continue to be managed as open space.  Developed Parks. This category includes existing parks as well as parks to be developed in the future. Some of the parks under this category are not strictly “open space” in the natural sense, but are developed facilities, such as a skate park or ball field, that are used for outdoor recreational purposes. Developed parks have been incorporated into the city’s geographic information system (GIS) inventory so that citywide management can be scheduled, tracked, and analyzed in this database.  Drainage Basins. The city’s drainage basin facilities were also incorporated into the city’s GIS inventory for the OSMP so that management can be scheduled, tracked, and analyzed. The drainage basin parcels are included as an overlay because they are sometimes covered by other categories and may overlap with the HMP and MHCP areas. HMP Guidelines A set of guidelines have been developed by the city to aid in the implementation of the Carlsbad HMP. The HMP guidelines are intended to provide a summary of pertinent regulations from the HMP. Guidelines for Biological Studies The Guidelines for Biological Studies were developed to provide the biological standard for processing HMP permits and to help the user navigate through the HMP regulations. The guidelines are intended to ensure that adequate environmental impact analysis is conducted for projects using the appropriate biological data, and that HMP-compliant mitigation is incorporated into project design and permit conditions. Guidelines for Riparian and Wetland Buffers The Guidelines for Riparian and Wetland Buffers provides information about designing effective riparian buffers and identifying allowable land uses in a manner that is consistent with the Carlsbad HMP. The document supplements the HMP by providing recommendations and best practices that are consistent with local, state, and federal wetlands-related regulations. The guidelines objectives include providing buffer design recommendations and variance procedures in order to facilitate HMP implementation in the city; identifying allowable uses and land use restrictions for riparian/wetland buffer zones; developing generic and specific buffer management/land use guidelines corresponding to potential adjacent land uses to reduce or eliminate resulting edge effects; and identifying specific opportunities and constraints for buffer establishment on the watershed (stream-reach) level. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-18 Guidelines for Habitat Creation and Restoration The Guidelines for Habitat Creation and Restoration are intended to assist applicants in designing the restoration part of their mitigation program and to assist city staff in evaluating and approving restoration plans. The guidelines provide project applicants and consulting biologists an overview of typical components included in creation projects for planning purposes. There are separate guidelines for creation, restoration, and enhancement. Community Forest Management Plan The Carlsbad Community Forest Management Plan provides guidance to conserve forest areas through proper design, maintenance, and education. The document includes guidelines and procedures for planting, maintaining, removing, replacing, and preserving trees within public areas. A significant portion of the city’s forest and most visible landscape features include trees within the city’s rights-of-way and other public areas; however, these trees are often the most overlooked by community members. A critical component of the Community Forest Management Plan is to encourage public understanding of the urban and community forest and educate people to make informed decisions regarding tree removal, retention, replacement, and maintenance. A number of direct and indirect public relations and outreach initiatives are outlined in the Community Forest Management Plan in an effort to foster support and citizen education for a healthier and safer urban forest with more positive human effects. Carlsbad General Plan The Carlsbad General Plan, Open Space, Conservation, and Recreation Element, addresses open space for resource conservation and recreation, as well as environmental quality topics such as air and water quality. The General Plan has the following goals and policies related to biological resources: Goal 4-G.3 Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities. Goal 4-G.4 Promote conservation of hillsides and ridgelines. Policy 4-P.9 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, as depicted in Figure 4-3. Policy 4-P.10 Consider working with private foundations and organizations or designating a conservancy agency to be responsible for protection, maintenance, monitoring and liability of open space lands. Policy 4-P.11 Ensure that the improvements recommended for open space areas are appropriate for the type of open space and the use proposed. No improvements (excluding necessary infrastructure) shall be made in environmentally sensitive areas, except to enhance the environmental value of the areas. Policy 4-P.12 Continue participation in regional planning efforts to protect habitat and environmentally sensitive species. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-19 Policy 4-P.13 Support innovative site design techniques such as cluster-type housing and transfer- of-development-rights to preserve sensitive environmental resources and to allow development projects to comply with the city’s Habitat Management Plan. Policy 4-P.14 Assure that development or grading on hillsides (if allowed) relates to the slope of the land in order to preserve the integrity and appearance of natural hillsides and other landforms wherever possible. Policy 4-P.15 Maintain functional wildlife corridors and habitat linkage in order to contribute to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the city. Policy 4-P.17 Seek partnering opportunities with other governmental agencies, private land owners and non-profit organizations to acquire open space; utilize grants, bonds and other funding sources to leverage local funds and reduce cost to Carlsbad taxpayers. Policy 4-P.18 Require that, at the time of any discretionary approval, any land identified as open space for its habitat or scenic value shall have an appropriate easement and/or land use and zoning designation placed on it for resource protection. Policy 4-P.19 Require a city permit for any grading, grubbing, or clearing of vegetation in undeveloped areas, with appropriate penalties for violations. 4.3.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds Pursuant to Appendix G of the CEQA Guidelines, potentially significant impacts to biological resources would result if the project would: 1. 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 the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. 2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. 3. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. 4. 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. 5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. 6. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-20 Methodology The following analysis is based on a literature review concerning biological resources known to occur in the area that is derived from biological resource databases and information on biological resources described in literature, such as, but not limited to, the City of Carlsbad 2015 General Plan Final Environmental Impact Report (City of Carlsbad 2015). The literature review was conducted to assess and verify the environmental setting and to analyze potential impacts that could result from implementation of future projects (at the 18 rezone sites) on sensitive biological resources, including special-status plant and wildlife species, habitat for nesting birds and bats, riparian and other sensitive plant communities, federal and state waters and wetlands, locally protected trees, wildlife movement corridors, and habitat conservation planning areas. b. Prior Environmental Analysis The 2015 General Plan EIR addressed potential biological resources impacts in Chapter 3.3, Biological Resources of the Draft EIR. The 2015 General Plan EIR determined that impacts to biological resources would be less than significant for effects to listed species or their habitats, loss of significant populations of sensitive species, protected wetlands, wildlife migration or movement corridors, local policies or ordinances protecting biological resources, or conflicts with conservation plans and habitat management plans and habitat groups identified therein (Section 3.3, Biological Resources: 3.3-19 through 3.3-30). It further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for the protection of biological resources. As such all projects proposed under General Plan implementation would be required to conform to zoning, design standards, the Habitat Management Plan and other regulations concerning the protection of biological resources, including listed species, habitats, and all planning resources designed to protect and conserve these resources. The proposed project involves development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to biological resources. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to biological resources would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-21 Threshold 1: Would the project 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 the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Impact BIO-1 THE PROPOSED PROJECT COULD POTENTIALLY ADVERSELY IMPACT SPECIAL-STATUS SPECIES OR THEIR HABITAT. LOCAL SPECIAL-STATUS SPECIES AND NESTING BIRDS COULD OCCUR WITHIN THE SITES DURING POTENTIAL CONSTRUCTION PERIODS AND MAY POTENTIALLY BE AFFECTED BY CONSTRUCTION ACTIVITY. THIS IMPACT IS LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Sites that contain or are adjacent to natural areas, including coastal sage scrub, oak woodlands, vernal pools, and riparian habitat, have the potential to support special-status species. Some of the mixed-use and multifamily housing under the proposed project would be located in urban areas and be constructed as infill development or redevelopment. Sites 5 and 10-16 are disturbed or already developed lands, which would therefore avoid direct impacts to sensitive habitats and most special-status species at these sites. However, Sites 5 and 10-16 contain ornamental vegetation. Future developments at these sites could result in impacts to nesting birds due to demolition of the existing structures, removal of vegetation and trees, and grading. Sites 3, 4, 6-12, and 17 are either all or mostly vacant and undeveloped. Sites 1-2, 6-9, and 18 contain natural habitat or woodlands. Site 17 supports vernal pools. Further discussion of potential impacts to sites that support natural habitats and associated special-status species is provided in the section below. Special-Status Species Housing development accommodated under the proposed project may occur in natural areas present on Sites 1- 4, 6-9, 17-19. The CNDDB query (Table 4.3-2) identifies 41 sensitive plant and wildlife species that have been documented in the region, many of which are historic occurrences in habitat that has since been developed. However, as indicated by the HMP several federally and/or state-designated threatened and endangered species, SSC, or California Fully Protected species, have the potential to occur in areas where development would be accommodated under the proposed project. Nearly all of the plant species with a potential to occur are found in chaparral, coastal scrub, vernal pool, valley and foothill grasslands and most of the wildlife would forage, roost, or nest through these habitats whereas other species would be limited to riparian woodland habitat. Table 4.3-1 identifies vegetation communities and land uses present at each site. There is potential for sensitive species to occur on sites that are characterized by natural habitats as listed above. As discussed in Table 4.3-2, the following sensitive species are either known to occur or likely to be present within these sites supporting suitable habitat:  Least Bell’s vireo has a moderate potential to occur within riparian habitats on Sites 1, 2, and 4  Coastal California gnatcatcher has a high potential to occur within coastal sage scrub on Sites 4, 6, 8, 9, 17, 18, and 19  San Diego pool fairy shrimp, Riverside fairy shrimp, and San Diego button-celery are known to occur in vernal pools on Site 17  Thread-leaved brodiaea has a high potential to occur in coastal sage scrub openings and grassland habitats on Sites 4 and 7 City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-22 Future development at Sites 1- 4, 6-9, 17-19 has the potential to adversely affect special-status species or their habitats, which is considered a potentially significant impact. For example, vegetation clearing, and excavation could remove habitat or directly impact individuals (e.g., mortality). Excavation, ground clearing, equipment and materials storage, access routes, and other activities could result in impacts on runoff and/or water quality, potentially affecting aquatic habitat. Excavation, ground clearing, and access routes could also result in air quality impacts (dust, exhaust) that could affect adjacent habitats. Equipment or construction-related traffic could introduce hazardous materials into habitats and generate noise that may impact special-status species. Equipment and construction personnel could also introduce noxious and/or invasive species that could damage habitats, such as by disseminating seeds. Any of these effects could result in significant impacts on special-status species. This impact is potentially significant. Nesting Birds Reasonably anticipated development resulting from the proposed project could potentially disturb active bird nests. Migratory birds, including most birds that nest in the areas subject to reasonably foreseeable development under the proposed project, are protected by the federal MBTA, which forbids most forms of harm to birds, including to their active nests. In addition, CFGC Section 3503 makes it unlawful to destroy nests or eggs of any bird, except as otherwise provided by code or regulation. Where vegetation, and especially trees, are removed as part of development under the proposed project, there is the potential for violations under the MBTA and Section 3503 of the CFGC. This impact is potentially significant. Mitigation Measures The following mitigation measures would be required to address potential impacts to special-status species and habitat. BIO-1 Biological Resources Technical Report For development projects at Sites 1- 4, 6-9, 17-19 that require vegetation removal, ground disturbance of unpaved areas, parking or staging of equipment or material on unpaved areas, access routes on unpaved areas, or any rehabilitation or construction staging within 100 feet of the property line (except for landscaped developed areas) that contain or have the potential to support special-status species, sensitive habitat, or suitable habitat to support special-status species, prior to the issuance of a grading permit, the applicant shall retain a qualified biologist to conduct a biological resources reconnaissance of the site, consistent with the requirements of General Plan Policy 4-P.9 and the HMP Guidelines for Biological Studies. All future projects shall be consistent with the HMP and the technical report shall include a consistency analysis, including compliance with the narrow endemic standards (MHCP Volume 1, Section 3.7 No. 5, and HMP Section D-6 for TLB, VP species) and special species standards (HMP Section D-6 for least Bell’s vireo, southwestern willow flycatcher and Harbison’s Dun Skipper). The Biological Resources Technical Report shall address the presence/absence of suitable habitat for special-status plant and wildlife species, and any additional protocol surveys that may be needed to determine the potential presence/absence of special status species, sensitive plant communities and wetlands, and other special status biological resources protected under the HMP. The report will further propose avoidance, minimization, and mitigation measures, consistent with HMP Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-23 requirements, necessary to reduce potential impacts to special-status biological resources to less than significant. BIO-2 Pre-Construction Bird Surveys, Avoidance, and Notification If construction activities are initiated during the bird nesting season (February 1 – August 31) involving removal of vegetation or other nesting bird habitat, including abandoned structures and other man-made features, a pre-construction nesting bird survey shall be conducted no more than three days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot and shall include a 300-foot survey buffer around the construction site. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California coastal communities (i.e., qualified biologist). If active nests are found, an avoidance buffer shall be determined by a qualified biologist in coordination with the city. The avoidance buffer width will depend upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, which shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the city prior to the commencement of construction activities. Significance After Mitigation Implementation of mitigation measures BIO-1 and BIO-2 would reduce potential impacts to special- status and/or locally important species to a less than significant level, and assure compliance with the MBTA and CFGC Section 3503, by requiring a biological study to document the presence or absence of special-status species on a project specific basis and determining measures to address impacts such as avoidance, minimization, restoration, or compensation to special-status should they be present, and by ensuring that active nests are identified and as necessary avoided. Threshold 2: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Impact BIO-2 DEVELOPMENT RESULTING FROM THE PROJECT COULD POTENTIALLY ADVERSELY IMPACT AREAS THAT SUPPORT SENSITIVE NATURAL COMMUNITIES AND RIPARIAN HABITATS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Riparian habitats and other sensitive natural communities tracked by the CNDDB and identified in the HMP for the city of Carlsbad include Coastal Brackish Marsh, Maritime Succulent Scrub, San Diego Mesa Claypan Vernal Pool, San Diego Mesa Hardpan Vernal Pool, Southern Coastal Salt Marsh, Southern Cottonwood Willow Riparian Forest, Diegan Coastal Sage Scrub, Southern Maritime Chaparral, Southern Riparian Forest, Southern Riparian Scrub, Southern Sycamore Alder Riparian Woodland, Oak Woodland, and Southern Willow Scrub. Most of these communities are not present at the rezone sites. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-24 Housing development proposed at Sites 6, 8, 9, and 18 could occur within riparian vegetation and/or native coastal scrub and result in potential direct and impacts through removal of vegetation, compaction of soils, and/or indirectly through dust and vegetation thinning. Future development at Sites 1, 2, 4, 17, and 19, if proposed could result in similar effects to riparian, coastal scrub, and/or vernal pool habitats. Through land use and zoning restrictions, housing development would be consistent with the objectives, policies, and programs contained within the city’s General Plan Conservation Element to protect sensitive species, which would have direct and indirect beneficial effects for special status species, such as through preserving, protecting, restoring, and enhancing natural plant and wildlife diversity, habitats, corridors, and linkages to enable the healthy propagation and survival of native species. The proposed project would not change the objectives, policies, and programs contained within the city’s Conservation Element. However, implementation of the proposed project could impact various habitat types, including riparian habitat, other sensitive plant communities, or stands of protected trees. Therefore, impacts related to riparian habitat or other sensitive natural community identified in the City’s HMP, other local or regional policies or regulations, or by the CDFW or USFWS are potentially significant. Mitigation Measures The following mitigation measures are required: BIO-3 Habitat Buffers For projects where native habitat may be present (specifically Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, and 19) and if development cannot avoid native habitat , prior to the issuance of a grading permit, a qualified biologist shall be retained by the project applicant to conduct a vegetation community survey of the site. The qualified biologist shall map the extent of vegetation communities on the project site plus 100 feet and report on the findings. This survey and report can be combined with BIO-1, Biological Resources Technical Report. The report shall confirm potential impacts to riparian and wetland habitat have been sufficiently avoided or minimized to reduce impacts to less than significant. Housing development at any of the sites containing riparian or wetland habitat shall adhere to the HMP Guidelines for Riparian and Wetland Buffers. Housing developments at any of the sites within the coastal zone shall adhere to the upland and wetland buffer requirements pursuant to the HMP coastal zone standards (HMP Section D-7). The Biological Resources technical report shall include a figure showing all required upland, riparian and wetland buffers. BIO-4 Habitat Impact Mitigation For projects that will require mitigation through restoration of sensitive upland natural communities (e.g. coastal sage scrub) or wetland habitat, including streams, riparian, and other water bodies, specifically Sites 1, 2, 4, 6, 8, 9, 17, 18, and 19, mitigation through restoration, creation, or enhancement of in-kind habitats shall be implemented in accordance with ratios identified in the HMP (Table 11 and coastal zone standards Section D-7) and an approved mitigation plan. Prior to the issuance of grading permits, the applicant shall prepare and submit a Conceptual Restoration/Mitigation Plan (CRMP) consistent with the HMP Components of a Conceptual Restoration/Mitigation Plan and Guidelines for Habitat Creation and Restoration. The CRMP will provide the framework for compensating for impacts to sensitive riparian and coastal sage scrub habitat at a ratio consistent with HMP Table 11 and coastal zone standards. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-25 Significance After Mitigation Implementation of Measures BIO-1 (listed under Impact BIO-1), BIO-3, and BIO-4 would reduce potential impacts to riparian and sensitive habitats to a less than significant level by ensuring that potential impacts are avoided, minimized, restored, or compensated for prior to obtaining a grading permit. Threshold 3: Would the project have a substantial adverse effect on state or 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? Impact BIO-3 DEVELOPMENT RESULTING FROM THE PROJECT COULD POTENTIALLY ADVERSELY IMPACT FEDERALLY PROTECTED WETLANDS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Buena Vista Creek, Agua Hedionda Creek, and the other tributaries and drainages throughout Carlsbad, are likely subject to USACE, CDFW, and RWQCB jurisdiction. Most of the future development on the 18 rezone sites identified for the project would have no impact to state or federally protected wetlands. Development at Site 9 has the potential to directly or indirectly affect wetland and/or jurisdictional habitat through direct removal, filling, hydrological interruption, or other means, which would be a significant impact. In addition, future development at Sites 1, 2, 4, and 17 could potentially impact jurisdictional waters and wetlands. Project activities within jurisdictional waters and wetlands would likely be subject to the permit requirements of the USACE, RWQCB, and CDFW, pursuant to Sections 404 and 401 of CWA, the Porter-Cologne Water Quality Control Act, and CFGC 1600. Development under the proposed project generally would not result in the direct modification of wetlands or jurisdictional waters given the prioritization of new housing development on infill sites in urbanized areas. Future development on the rezone sites would also be required to comply with the city’s landscape guidelines manual. Such compliance of future development would ensure that construction does not violate any water quality standards or discharge requirements or otherwise substantially degrade water quality of wetlands or other jurisdictional waters. If necessary, the city’s Construction Stormwater Pollution Prevention Plan Ordinance would require future development to comply with the city’s Standard Pollution Prevention Plan (SWPP) requirements. Mitigation Measures Implementation of mitigation measures BIO-1, BIO-3, and BIO-4 (listed under Impact BIO-1 and Impact BIO-2) would ensure potential direct and indirect impacts to potentially jurisdictional waters are avoided, minimized, and/or mitigated. In addition, the following mitigation measure would apply: BIO-5 Agency Coordination For projects on sites within potential jurisdictional features, including Sites 1, 2, 4, 9, and 17, permits, agreements, and/or water quality certifications from applicable state and federal agencies regarding compliance with state and federal laws governing work within jurisdictional features are required for submission to the city of Carlsbad with the grading permit application for the project. The project applicant shall satisfy all mitigation requirements of the above agencies. The applicant shall provide such permits and/or agreements prior to issuance of a grading permit. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-26 Significance After Mitigation Implementation of Measures BIO-1, BIO-3, BIO-4 (listed under Impact BIO-1 and Impact BIO-2), and BIO-5 would reduce potential impacts to wetlands and protected waters to a less than significant level by ensuring that potential impacts are avoided, minimized, restored, or compensated for prior to obtaining a grading permit. Threshold 4: Would the project 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? Impact BIO-4 DEVELOPMENT UNDER THE PROPOSED PROJECT WOULD BE PRIMARILY CONCENTRATED ON SITES IN URBAN AREAS OF CARLSBAD THAT HAVE BEEN PREVIOUSLY DEVELOPED AND DISTURBED, RATHER THAN ADJACENT TO NATIVE HABITATS AND POTENTIAL WILDLIFE CORRIDORS. DEVELOPMENT UNDER THE PROJECT COULD RESULT IN SIGNIFICANT IMPACTS TO POTENTIAL LOCAL WILDLIFE MOVEMENT ALONG WATERCOURSES SUCH AS BUENA VISTA CREEK AND AGUA HEDIONDA CREEK. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. There are undeveloped areas within Carlsbad that are located adjacent to large tracks of native habitat. Several of the rezone sites contain or are adjacent to creek corridors or natural habitat. These areas provide vegetative cover suitable for the movement of many terrestrial wildlife species, including medium to large-sized, mobile mammals with relatively large home ranges, such as coyote, deer, and mountain lion, and also provide foraging and breeding habitat for many species. Wildlife species can move through these vegetated areas routinely with some species also using concrete-lined or earthen stormwater channels in the area for movement. Development activities have the potential to directly (e.g., cutting of trees or other vegetation, or removal of man-made structures containing an active bird nest or denning wildlife) or indirectly (e.g., if activities sufficiently harassed birds to cause nest abandonment) affect nesting birds and non-game mammals. As such, reasonably foreseeable development has the potential to interfere substantially with the movement of native resident wildlife species or with established native resident or migratory wildlife if sited adjacent to or within suitable wildlife movement corridors. Thus, the proposed project would result in potentially significant impacts to wildlife movement. In addition, projects sited within or adjacent to these areas have the potential to generate adverse edge effects that could significantly reduce the use of surrounding habitats by wildlife for movement through the area. The primary potential effect of such projects being indirect impacts from night lighting and urban noises (e.g., vehicular travel). Native habitats located adjacent to urban development have the potential to be permanently degraded if subject to light trespass or glare from artificial night lighting, which could affect the normal behavior of wildlife and cause some species to avoid the area. Individual projects would be required to conform to city’s HMP, which requires lighting use restrictions consistent with existing city lighting guidelines. Compliance with the city’s lighting guidelines, particularly those policies requiring shielding and downward orientation of lights, would minimize potential impacts to sensitive native habitats and ensure light trespass and glare would not encroach substantially into native habitats surrounding reasonably foreseeable development. Nevertheless, direct and indirect edge effects have the potential to affect wildlife movement and nursery sites significantly. Increased noise levels at reasonably foreseeable development sites could also potentially impact wildlife species in the surrounding areas. Construction related noise would be a temporary occurrence and would be limited to the construction areas. These temporary impacts will be of Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-27 short duration and infrequent; thus, impacts to wildlife associated with noise pollution would be less than significant. Mitigation Measures Implementation of mitigation measures BIO-1, BIO-3, and BIO-4 (listed under Impact BIO-1 and Impact BIO-2) is required. Significance After Mitigation Implementation of mitigation measures BIO-1, BIO-3, and BIO-4 would reduce potential impacts to wildlife movement and nursery sites, to less than significant by requiring a project-specific biological evaluation to determine measures to address impacts such as avoidance, minimization, restoration, or compensation. Threshold 5: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Impact BIO-5 DEVELOPMENT UNDER THE PROPOSED PROJECT COULD POTENTIALLY ADVERSELY IMPACT AREAS THAT SUPPORT PROTECTED TREES OR TREE CANOPIES. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Development on rezone sites resulting from the implementation of the project may affect some city-protected trees and/or street trees on city rights-of-way. Trees and shrubs are protected in accordance with the city’s Protection of Trees Ordinance and Community Forest Management Plan (CFMP), the latter of which establishes a street tree replacement goal of a 2:1 ratio. In addition, the city’s Protection of Trees Ordinance (Municipal Code Title 11.12.090) requires permits for the pruning, cutting, trimming or removing any street tree in the right of way. Site 3 contains eucalyptus woodland, and Sites 1, 2, 7, and 16, contain ornamental trees. These trees may be located on both private and public (right of way) property. Therefore, impacts related to city-protected trees are potentially significant. Consistency with the Carlsbad HMP is discussed under Impact BIO-6. Mitigation Measures For projects that may potentially impact city-protected trees as defined by the CFMP and/or Municipal Code the following measure shall apply: BIO-6 Protected Tree and Tree Canopy Survey Prior to the issuance of a grading permit, a tree survey shall be conducted by a certified arborist prior to project construction to tag and assess all trees subject to the city’s Trees and Shrubs Ordinance (Municipal Code Title 11.12) and/or CFMP. A city arborist will inspect the property and recommend approving or denying the application in a written report submitted to the city manager. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a prominent location, visible from a public street and will include, the location of the tree, the reason for the trees removal, the date of the scheduled removal, the species of tree to be replanted, the size of the tree to be replanted, the date by which an appeal must be made to the parks and recreation commission, and a description of the appeal process. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-28 The following measures shall be implemented in addition to those required under the city’s permits required for tree removal and maintenance ordinance Guidelines (Municipal Code Title 11.12.090) to avoid and/or compensate for potential indirect impacts to preserved sensitive natural communities and protected trees within Carlsbad before, during, and following construction activities. PRE-CONSTRUCTION  Fencing. Protective fencing at least three feet high with signs and flagging shall be erected around all preserved sensitive natural communities where adjacent to proposed vegetation clearing and grubbing, grading, or other construction activities. The protective fence shall be installed at a minimum of five feet beyond the tree canopy dripline. The intent of protection fencing is to prevent inadvertent limb/vegetation damage, root damage and/or compaction by construction equipment. The protective fencing shall be depicted on all construction plans and maps provided to contractors and labeled clearly to prohibit entry, and the placement of the fence in the field shall be approved by a qualified biologist prior to initiation of construction activities. The contractor shall maintain the fence to keep it upright, taut and aligned at all times. Fencing shall be removed only after all construction activities are completed.  Pre-Construction Meeting. A pre-construction meeting shall be held between all site contractors and a registered consulting arborist and/or a qualified biologist. All site contractors and their employees shall provide written acknowledgement of their receiving sensitive natural community protection training. This training shall include, but shall not be limited to, the following information: (1) the location and marking of protected sensitive natural communities; (2) the necessity of preventing damage to these sensitive natural communities; and (3) a discussion of work practices that shall accomplish such. DURING CONSTRUCTION  Fence Monitoring. The protective fence shall be monitored regularly (at least weekly) during construction activities to ensure that the fencing remains intact and functional, and that no encroachment has occurred into the protected natural community; any repairs to the fence or encroachment correction shall be conducted immediately.  Equipment Operation and Storage. Contractors shall avoid using heavy equipment around the sensitive natural communities. Operating heavy machinery around the root zones of trees would increase soil compaction, which decreases soil aeration and, subsequently, reduces water penetration into the soil. All heavy equipment and vehicles shall, at minimum, stay out of the fenced protected zones, unless where specifically approved in writing and under the supervision of a registered consulting arborist and/or a qualified biologist.  Materials Storage and Disposal. Contractors shall not store or discard any construction materials within the fenced protected zones and shall remove all foreign debris within these areas. The contractors shall leave the duff, mulch, chips, and leaves around the retained trees for water retention and nutrient supply. Contractors shall avoid draining or leakage of equipment fluids near retained trees. Fluids such as gasoline, diesel, oils, hydraulics, brake and transmission fluids, paint, paint thinners, and glycol (anti-freeze) shall be disposed of properly. The contractors shall ensure that equipment be parked at least 50 feet, and that equipment/vehicle refueling occur at least 100 feet, from fenced protected zones to avoid the possibility of leakage of equipment fluids into the soil. Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-29  Grade Changes. Contractors shall ensure that grade changes, including adding fill, shall not be permitted within the fenced protected zone without special written authorization and under supervision by a registered consulting arborist and/or a qualified biologist. Lowering the grade within the fenced protected zones could necessitate cutting main support and feeder roots, thus jeopardizing the health and structural integrity of the tree(s). Adding soil, even temporarily, on top of the existing grade could compact the soil further, and decrease both water and air availability to the tree roots. Contractors shall ensure that grade changes made outside of the fenced protected zone shall not create conditions that allow water to pond.  Trenching. Except where specifically approved in writing beforehand, all trenching shall be outside of the fenced protected zone. Roots primarily extend in a horizontal direction forming a support base to the tree similar to the base of a wineglass. Where trenching is necessary in areas that contain roots from retained trees, contractors shall use trenching techniques that include the use of either a root pruner (Dosko root pruner or equivalent) or an Air-Spade to limit root impacts. An International Society of Arboriculture (ISA) certified arborist or American Society of Consulting Arborists (ASCA) registered consulting arborist shall ensure that all pruning cuts shall be clean and sharp, to minimize ripping, tearing, and fracturing of the root system. Root damage caused by backhoes, earthmovers, dozers, or graders is severe and may ultimately result in tree mortality. Use of both root pruning and Air-Spade equipment shall be accompanied only by hand tools to remove soil from trench locations. The trench shall be made no deeper than necessary.  Erosion Control. Appropriate erosion control best management practices (BMPs) shall be implemented to protect preserved sensitive natural communities during and following project construction. Erosion control materials shall be certified as weed free.  Inspection. An ISA certified arborist or ASCA registered consulting arborist shall inspect the preserved trees adjacent to grading and construction activity on a monthly basis for the duration of the grading and construction activities. A report summarizing site conditions, observations, tree health, and recommendations for minimizing tree damage shall be submitted by the registered consulting arborist following each inspection. POST-CONSTRUCTION  Mulch. The contractors shall ensure that the natural duff layer under all trees adjacent to construction activities shall be maintained. This would stabilize soil temperatures in root zones, conserve soil moisture, and reduce erosion. The contractors shall ensure that the mulch be kept clear of the trunk base to avoid creating conditions favorable to the establishment and growth of decay causing fungal pathogens. Should it be necessary to add organic mulch beneath retained oak trees, packaged or commercial oak leaf mulch shall not be used as it may contain root fungus. Also, the use of redwood chips shall be avoided as certain inhibitive chemicals may be present in the wood. Other wood chips and crushed walnut shells can be used, but the best mulch that provides a source of nutrients for the tree is its own leaf litter. Any added organic mulch added by the contractors shall be applied to a maximum depth of 4 inches where possible.  Watering Adjacent Plant Material. All installed landscaping plants near the preserved sensitive natural communities shall require moderate to low levels of water. The surrounding plants shall be watered infrequently with deep soaks and allowed to dry out in-between, rather than frequent light irrigation. The soil shall not be allowed to become saturated or stay continually wet, nor should drainage allow ponding of water. Irrigation spray shall not hit the trunk of any City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-30 tree. The contractors shall maintain a 30-inch dry-zone around all tree trunks. An above ground micro-spray irrigation system shall be used in lieu of typical underground pop-up sprays.  Monitoring. An ISA certified arborist or ASCA registered consulting arborist shall inspect the trees preserved on the site adjacent to construction activities for a period of two years following the completion of construction. Monitoring visits shall be completed quarterly, totaling eight visits. Following each monitoring visit, a report summarizing site conditions, observations, tree health, and recommendations for promoting tree health shall be submitted to the city. Additionally, any tree mortality shall be noted and any tree dying during the two-year monitoring period shall be replaced at a minimum 3:1 ratio on-site in coordination with the city. Significance After Mitigation Implementation of Mitigation Measure BIO-6 would assure consistency with local policy protecting trees and shrubs by requiring a project-specific tree survey to determine measures to address impacts such as avoidance, minimization, restoration, or compensation. Threshold 6: Would the project conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans? Impact BIO-6 THE PROPOSED PROJECT (SPECIFICALLY SITES 4, 6, 9 AND 17) MAY CONFLICT WITH AN ADOPTED HABITAT CONSERVATION PLAN, NATURAL COMMUNITY CONSERVATION PLAN, OR OTHER APPROVED LOCAL, REGIONAL, OR STATE HABITAT CONSERVATION PLANS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The city participates in regional conservation efforts through implementation of the Carlsbad HMP, which is Carlsbad’s subarea plan under the MHCP. The MHCP is a comprehensive, multiple jurisdiction planning program designed to develop an ecosystem preserve in northwestern San Diego County. The HMP serves as a federal Habitat Conservation Plan and California Natural Community Conservation Plan. This preserve system is intended to protect viable populations of key sensitive plant and animal species, their habitats and ecosystem function, while accommodating continued economic growth. While the majority of sites would be consistent with the HMP and have less than significant impacts, the following sites are adjacent to areas that currently are designated or proposed Hardline Preserved in the HMP and thus may be inconsistent with the HMP if developed:  Site 4, Standards Area and Proposed Hardline  Site 6, small slivers of Existing Hardline along the edges  Site 9, Existing Hardline and Proposed Hardline  Site 17, a portion of the lot overlaps with Existing Hardline. Development of these sites and potential preserve areas as residential could result in a loss of HMP Hardline preserve areas, which is inconsistent with General Plan and HMP policies. Therefore, significant impacts to the adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans may occur with implementation of the proposed project. This impact would be potentially significant. Further, proposed projects adjacent to natural habitats could cause indirect effects to sensitive habitat or species offsite. The following sites are adjacent to undeveloped areas that could contain Environmental Impact Analysis Biological Resources Supplemental Environmental Impact Report 4.3-31 sensitive habitat: 1, 2, 4, 6, 7, 8, 9, 17, 18, 19. Development of these sites as residential could result in indirect impacts to adjacent habitat, which is inconsistent with HMP policies. Therefore, significant impacts to the adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans may occur with implementation of the project. This impact would be potentially significant. Mitigation Measures The following mitigation measures are required: BIO-7 HMP Minor Amendments Prior to project approval at Site 4, 6, 9 and 17, each project shall be analyzed for consistency with the HMP. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP Minor Amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15. BIO-8 HMP Adjacency Standards Projects within sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 shall evaluate potential indirect impacts, such as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat and species adjacent to the proposed development. Projects shall be consistent with the HMP Adjacency Standards (Section F-3). Significance After Mitigation Implementation of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-7 and BIO-8 (listed under Impact BIO-1, Impact BIO-2 and Impact BIO-6) would reduce any conflicts with Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans to a less than significant level. d. Cumulative Impacts The geographic area to analyze cumulatively considerable biological resource impacts includes the 18 rezone sites and immediately adjacent areas that could be indirectly affected. Therefore, the cumulative impact analyses for the various biological resources are limited to the identification of the types of impacts that may occur as described below. The following are considered with respect to analyzing cumulative impacts on biological resources:  The cumulative contribution of other approved and proposed projects to fragmentation of open space in the project vicinity;  The loss of sensitive habitats and species; City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.3-32  The contribution of the project to urban expansion into natural areas; and  Isolation of open space in the vicinity by proposed/future projects. Special-Status Species and Sensitive Habitats The proposed project would facilitate development on 18 rezone sites and primarily emphasize infill development in already urbanized areas that lack existing native biological habitats; however, some development would occur in vacant or partially undeveloped sites with potential to support special- status species and sensitive habitats. Individual projects may adversely affect sensitive species and habitats, including wetlands. Impacts would be evaluated on a case-by-case basis. Based on the impact analysis provided above, the proposed project contribution to biological resources may be cumulatively considerable. As development occurs in the lesser or undeveloped portions of the city, habitat for biological resources will continue to be converted to urban development. It is understood that mobile species (e.g., most reptiles, mammals, and birds) may survive this development by moving to other areas, but less mobile species (i.e., species reliant on a certain type of habitat) would not. Conversion of natural habitat will reduce the availability of habitat for special-status species and the natural areas remaining will likely be isolated and not support biological resources beyond their carrying capacity. Buildout of the proposed project in combination with cumulative development in the city may result in the increase of urban buildout and contribute to the loss of habitat for special-status species, as well as common species. Implementation of mitigation measures BIO-1 through BIO-5 would reduce impacts from the proposed project by requiring project applicants to avoid, minimize, or mitigate for impacts to sensitive species and habitats, including riparian habitats. Thus, with implementation of these measures, and adherence to HMP requirements, the proposed project would not contribute to cumulatively considerable impacts related to sensitive species and habitats, including riparian habitats. Therefore, cumulative impacts related to special-status species and habitats would be less than significant. City Protected Trees The City’s Heritage Tree Ordinance (Municipal Code Chapter 11.12.140) and Protection of Trees Ordinance (11.12.080) provides protection for tree species citywide, as previously discussed. All reasonably foreseeable development in the city, including development under the proposed project, would be subject to these ordinances and regulations. Implementation of Mitigation Measure BIO-6 would ensure that there would be no net loss of protected trees from the proposed project and cumulative impacts would be less than significant. HMP Conflicts As noted in Impact BIO-6, the city participates in regional conservation efforts through implementation of the Carlsbad HMP, which is Carlsbad’s subarea plan under the MHCP. The MHCP is a comprehensive, multiple jurisdiction planning program designed to develop an ecosystem preserve in northwestern San Diego County. With implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-7 and BIO-8, the City will ensure on a case by case basis that potential conflicts with the HMP, an adopted Habitat Conservation Plan and Natural Community Conservation Plan, from project specific and cumulative impacts are reduced to a less than significant level. Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-1 4.4 Cultural and Tribal Cultural Resources This section analyzes impacts to cultural resources and tribal cultural resources within Carlsbad that would result from implementation of the proposed project, and feasible mitigation measures to reduce the severity of these potential impacts. Information in this section is based on the results of a California Historical Resources Information System (CHRIS) records search, archival and online research, a search of the Sacred Lands File (SLF) by the Native American Heritage Commission (NAHC), and tribal consultation conducted by the City of Carlsbad. 4.4.1 Cultural Setting Indigenous History The project area lies in what is generally described as California’s Southern Bight (Byrd and Raab 2007). This region extends from the Mexican border to Santa Monica and includes Orange and San Diego counties, western Riverside County, and the Southern Channel Islands. At European contact, the Southern Bight was occupied by the Tongva, Juaneño, Luiseño, Cupeño, and Kumeyaay (Ipai and Tipai). For the purposes of this study, the prehistoric cultural chronology for the Southern Bight is presented following Byrd and Raab (2007), who divide the chronology into the Early (9600- 5600 BCE), Middle (5600-1650 BCE), and Late (1650 BCE- 1769 CE) Holocene. Early Holocene (ca. 9600-5600 BCE) Evidence of Paleo-Indian occupation of southern California remains very limited. Approximately 75 sites on the southern and central California coast are known that date to 7500 years before present (BP Erlandson and Colten 1991). The earliest accepted dates for human occupation of the California coast are from the Northern Channel Islands, off the Santa Barbara coast. Daisy Cave, on San Miguel Island, dates to as early as 9600 BCE (Erlandson et al. 1996). At the Arlington Springs site on Santa Rosa Island human remains yielded a date of approximately 10,000 BCE (Johnson et al. 2002). San Diego and Orange counties and the Southern Channel Islands have not produced dates as early as these. However, radiocarbon evidence has dated early occupation of the coastal region between circa (ca.) 8000 and 7000 BCE (Byrd and Raab 2007). Traditional models describe California’s first inhabitants as big-game hunters roaming North America during the end of the last Ice Age. As the Ice Age ended, warmer and drier climatic conditions are thought to have created wide-spread cultural responses. The pluvial lakes and streams in the desert interior began to wane and cultures dependent on these water sources migrated to areas with moister conditions, such as the southern California coast (Byrd and Raab 2007). The San Dieguito Complex is a well-defined cultural response to these changing climatic conditions in the southern California coastal region and was originally named for the cultural sequence in western San Diego County (Rogers 1929, 1939). Leaf-shaped points and knives, crescents, and scrapers characterize the artifact assemblages throughout the region (Byrd and Raab 2007). San Dieguito sites generally show evidence of the hunting of various animals, including birds, and gathering of plant resources (Moratto 2004). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-2 Middle Holocene (ca. 5600–1650 BCE) The Middle Holocene is generally viewed as a time of cultural transition. During this time, the cultural adaptations of the Early Holocene gradually altered. Use of milling stone tools began to appear across most of central and southern California around 6000-5000 BCE, indicating a focus on the collection and processing of hard-shelled seeds. Environmental changes in the Southern Bight are thought to have been the key factor in these changing adaptations (Byrd and Raab 2007). Occupation patterns indicated semi-sedentary populations focused on the bays and estuaries of San Diego and Orange counties, with shellfish and plant resources as the most important dietary components (Warren 1968). In the San Diego area, this adaptive strategy is known as the La Jolla complex. Around 4,000 years ago, extensive estuarine silting began to cause a decline in shellfish and, thus, a depopulation of the coastal zone. Settlement shifted to river valleys, and resource exploitation focused on hunting small game and gathering plant resources (Warren 1968; Byrd and Raab 2007). Late Holocene (ca. 1650 BCE – 1769 CE) The Late Holocene witnessed numerous cultural adaptations. The bow and arrow were adopted sometime after 500 CE, and ceramics appeared in the area ca. 1000 CE. Populations were sustained by food surpluses, especially acorns (Kroeber 1925; Byrd and Raab 2007). Other exploited food resources include shellfish, fish, small terrestrial mammals, and small-seeded plants. Settlement patterns of the Late Holocene are characterized by large residential camps linked to smaller specialized camps for resource procurement (Byrd and Raab 2007). Ethnographic Overview Carlsbad and the surrounding area were primarily inhabited by the Luiseño, with the Kumeyaay/Diegueño just to the south. Luiseño The project area is located in the traditional Luiseño ethnographic territory that extends along the coast of modern-day Southern California in San Diego and Riverside Counties (Bradley 2009). The territory spans between Aliso Creek and Agua Hedionda Creek, inland to Santiago Peak in the north, and to the east side of Palomar Mountain in the south, including Lake Elsinore and the Valley of San José (Bean and Shipek 1978). The term Luiseño was applied to the Native Americans who were administered by the Spanish from Mission San Luis Rey. Prior to missionization, the Luiseño living in the area referred to themselves as the Payomkawichum (Mithun 2001: 539-540, Rincon Band of Luiseno Indians 2020). The Luiseño name was used to encompass both the Gheecham, Kheecham, and Aguas Calientes Indians (White 1998). The Luiseño, Cahuilla, and Cupeño tribes are often referred to as the Southern California Shoshone due to their use of the Takic branch of the Uto-Aztecan language family (Bradley 2009). The Uto- Aztecan language family’s origins lie in the Great Basin (Mithun 2001: 539). Linguistic studies suggest that Takic-speaking immigrants from the Great Basin displaced Hokan speakers sometime after 500 BCE (Bean and Shipek 1978). Prior to European contact, the Luiseño lived in permanent, politically autonomous villages with associated seasonal camps for subsistence exploitation. The population of the Luiseño prior to the arrival of Europeans is believed to be approximately 3,500 (O’Neil 2002). Villages ranged in size from 50 to 400 people. Each village controlled a larger resource territory and maintained ties to other Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-3 villages through trade and social networks. Trespassing in the resource area of another village was cause for war (White 1963; Bean and Shipek 1978). Village structures consisted of dome-shaped dwellings (kish), sweat lodges, and a ceremonial enclosure (vamkech). Leadership in the villages focused on the chief, or Nota, and a council of elders or puuplem. The chief controlled economic and warfare-related activities, but also held a religious role. Religious leadership included a council of shamans or ritual specialists, with each member of the council inheriting the role patrilineally (Kroeber 1925; Bean and Shipek 1978). Traditional Luiseño subsistence was focused on the acorn and supplemented by the gathering of other plant resources and shellfish, as well as fishing and hunting. Plant foods typically included pine nuts, seeds from various grasses, manzanita, sunflower, sage, chia, lemonade berry, prickly pear, and lamb’s-quarter. Common animal resources included deer, antelope, rabbit, quail, ducks and other birds. Fish were exploited from nearby rivers and creeks. Marine fish and sea mammals were caught from the shore and dugout canoes. Shellfish collected from the shore included abalone, turbans, mussels, clams, scallops, and other species (Bean and Shipek 1978). Traditional Luiseño pottery includes (but is not limited to) an earthen vessel called narungrush, a wide mouth vessel called a wiwlish, a small mouth vessel called nadungdamal, and a vessel with two small mouths called a papakamal (Sparkman 1909). The narungrush was utilized for keeping water cool and storing seeds. Wiwlish vessels were used for cooking food. The nadungdamal and papakamal vessels were used for carrying water (Sparkman 1908). The center of the Luiseño religion is Chinigchinich, the last of a series of heroic mythological figures. The heroes were originally from the stars and their sagas formed Luiseño religious beliefs. Religious rituals took place in a brush enclosure that housed a representation of Chinigchinich. Ritual ceremonies included puberty initiation rites, burial and cremation ceremonies, hunting rituals, and peace rituals (Kroeber 1925, Bean and Shipek 1978). Puberty ceremonies for both girls and boys would include painting pictographs and petroglyphs, categorized by archaeologists as the San Luis Rey style or “Luiseño Rectilinear Abstract.” It is characterized by zigzags, chevrons, straight lines, and diamond chains (DuBois and Kroeber 1908: 96, Hedges 2002). The Luiseño today have maintained several of their traditional customs and ceremonies (White 1953). Today there are seven bands of Luiseño people including the San Luis Rey, Pala, Pauma, La Jolla, Rincón, Pechanga, and Sobóba. Many Luiseño people continue to speak their native language, sing traditional songs, and utilize oral history through storytelling. Kumeyaay/Diegueño The project area is located just north of the traditional territory of the Kumeyaay or Diegueño, which includes the region along the Pacific coast from central San Diego County southward into Baja California and eastward into Imperial County (Gamble and Zepeda 2002). European settlers in the area referred to them as the Diegueño or Diegueno due to the nearby Mission San Diego de Alcala (Gifford 1931). They refer to themselves as “Kumeyaay,” which refers to both the Ipai and Tipai groups. Linguistic studies support the division of the Kumeyaay people into northern (Ipai) and southern (Tipai) dialect groups (Gifford 1931, Luomala 1978). Ipai territory includes the area north of La Jolla to Agua Hedionda Lagoon with tremendous environmental variation and resource zones. The Tipai territory includes the Pacific coast from La Jolla south to below Ensenada and Todos Santos Bay in Baja California, Mexico. The Kamia, or Desert Kumeyaay, are Tipai located in parts of eastern San Diego County, portions of northeastern Baja California, and the majority of the western portion of Imperial County (Gifford 1931, Luomala 1978). Neighboring groups included the Luiseño City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-4 and Cupeño to the northwest, the Cahuilla to the northeast, the Quechan to the east, and the Paipai to the south (Kroeber 1925). Kumeyaay bands typically controlled 10 to 30 linear miles in a drainage system. Each band’s territory contained a primary village and a number of secondary homesteads located along tributary creeks (Shipek 1982:297). Each band was composed of 5 to 15 kinship groups (sibs or shiimul), some of which were divided among more than one band (Kroeber 1925: 719). Approximately 50 to 75 named kinship groups were located throughout the entire Kumeyaay territory. Political organization varied between bands. Basic structure included a patrilineal band leader, or a Kwaaypaay, and at least one assistant who acted as a messenger (Luomala 1978: 597, Shipek 1982). The primary roles of the Kwaaypaay were to direct ceremonies, act as a disciplinary head, advise on marriages and family differences, make war decisions, and to organize hunting and foraging expeditions. The Kwaaypaay counseled with shamans on many important decisions. Ceremonies among the Kumeyaay are similar to those of other Southern California Native groups (Kroeber 1925: 712–717). The ceremonial leader was an inherited religious position. Rituals conducted by ceremonial leaders included puberty rites, marriage, naming ceremonies, cremation of the dead, and the annual mourning ceremony (keruk) for all those of the sib who had died the previous year. Kumeyaay groups shared religious mythologies and belief in a higher creator-god (Shipek 1985). Kuuchama, or Tecate Peak, was the most sacred landmark, designated by the Kumeyaay god as the location for acquiring power for good, healing, and peace. Other holy places recognized by all Kumeyaay include Wee’ishpa or Signal Mountain, Jacumba Peak, Mt. Woodson, Viejas Mountain, and other mountains near the Colorado River in the Desert Kumeyaay region (Shipek 1985, 1987: 14). Entire bands moved to winter villages in sheltered valleys near known sources of water. Dwellings in the relatively permanent winter villages were semi-subterranean and roughly circular with a wooden pole framework covered in brush thatch and a mat covering. They faced east to keep out the wind and ensure privacy (Luomala 1978: 597). Other structures in the village consisted of family- owned platform granaries, a village-owned brush ceremonial enclosure, and sweat lodges. A semi- circular enclosure was used for the keruk mourning ceremony, and rock walls sometimes surrounded ceremonial and dance areas. At summer camps, ramadas and windbreaks were common and built into trees or rock shelters. Granaries and more permanent housing would sometimes be constructed in frequently visited oak groves in the hills and in the mountains of Kumeyaay territory. Many Kumeyaay camped in coastal valleys at certain times of the year to gather coastal resources. Fish were caught with hooks, nets, and bows from tule boats. Shellfish were gathered from the sandy beaches (e.g., Chione, scallops, and Donax) and rocky shores (e.g., mussels and abalone). Common game birds included doves and quail; migratory birds included geese. A primary source of protein came from rabbits, woodrats, and other small game living along the mesas and foothills. Small mammals were caught using throwing sticks, bow and arrow, or in nets on community drives. Hunting large game such as deer and mountain sheep was the role of expert hunters trained in specialized hunting folklore (Luomala 1978: 601). Land resources generally belonged to the bands with only a few areas considered “tribal” land and open to anyone (Shipek 1982: 301). Water and stored foods were communally available to all band members on a reciprocal basis (Luomala 1978). During the winter season, perennial herbs were collected in the valleys. Greens included miner’s lettuce (claytonia perfoliata), clover, pigweed (aramanthus), and other grasses. Seeds were harvested from buckwheat, chia and other salvias, and a variety of grasses. In the mountains and foothills, yucca was gathered for its stalks, flowers, and leaves. Elderberry, manzanita, cholla, Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-5 prickly-pear opuntia cactus, and juniper shrubs provided berries and fruit. The acorns from several species of oak were a subsistence staple gathered during the late summer and stored in family and village granaries. At least six species of oaks provided acorns for the Kumeyaay in San Diego County (Luomala 1978: 600). Production of baskets, nets, and pottery were primarily female occupations. Their main use was tied to food procurement, production, and processing (Wallace 1978). High-quality baskets with a weave similar to other Southern California groups were unique on local and regional levels. The regional unity in basketry traditions is linked to the prominence of acorn processing (Jordan and Shennan 2003). Beyond baskets, carrying nets and sacks were also used for food collection. Regularly manufactured ceramic vessels were used as water jars, for cooking and storage, and as cremation urns (Kroeber 1925: 722). Men and children wore utilitarian belt sashes and pouches designed to hold tools and small game. Women wore a one- or two-piece apron made of shredded bark and a round, twined cap. Robes of rabbit fur, willow bark, or deerskin were worn in the winter and also served as bedding. For long distance travel, sandals woven from agave fibers protected their feet (Luomala 1978: 599). Special ceremonial costumes and adornment were worn during ceremonies. With the exception of boys and mourners, hair was worn long with bangs cut at the forehead. Accounts by Spanish missionaries and Kumeyaay elders suggest that status differentiation was established during the Late Holocene but could possibly have been earlier (Shipek 1982). Socio- political structure was drastically disrupted by the introduction of Spanish, Mexican, and American policies and the subsequent depopulation from disease and drought (Shipek 1982). Post-Contact Setting Post-Contact history for the state of California is generally divided into three periods: the Spanish Period (1769–1822), Mexican Period (1822–1848), and American Period (1848–present). Although Spanish, Russian, and British explorers visited the area for brief periods between 1529 and 1769, the Spanish Period in California begins with the establishment in 1769 of a settlement at San Diego and the founding of Mission San Diego de Alcalá, the first of 21 missions constructed between 1769 and 1823. Independence from Spain in 1821 marks the beginning of the Mexican Period, and the signing of the Treaty of Guadalupe Hidalgo in 1848, ending the Mexican American War, signals the beginning of the American Period when California became a territory of the United States. Excerpted below, the City of Carlsbad General Plan provides the following summary of Carlsbad’s history since the Spanish Period: Spanish and Mexican Period In 1769, Spanish explorers first arrived from Mexico and camped near Agua Hedionda Lagoon. When Mexico achieved independence from Spain in 1821, land ownership and land use patterns evolved, igniting the Rancho period in California history where large tracts of land were granted to settlers and government friends to encourage settlement and cattle raising. In 1833, the mission holdings were secularized and divided into large land grants. Much of greater Carlsbad was part of Rancho Agua Hedionda, a 13,000-acre ranch. The holdings extended from the Pacific Ocean east toward Vista and from the north side of Agua Hedionda Lagoon south to Leucadia in present-day Encinitas. In 1842, Rancho Agua Hedionda was granted to Juan María Marrón, who built a three-room adobe on the property. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-6 Early American Period By the 1860s, the Rancho Agua Hedionda property had been acquired by Matthew Kelly, who established a homestead near the southeast corner and in 1868 constructed a home and associated outbuildings, naming the property “Los Kiotes.” After the Civil War, the development of railroads had an enormous effect on the development of California and the western United States. The California Southern railroad, with its link to a transnational railroad proved crucial to the transformation of the San Diego region from a farming community to a small city of emerging industry, mercantile and agricultural expansion. The selected route of the railroad determined the future of many coastal town sites, including Carlsbad. The railroad stood as the town’s center in Carlsbad Village, and the town grew several blocks in all directions. In 1886, the Carlsbad Land and Mineral Company was formed, which laid out a town site and initiated speculative development. The newly formed town was christened Carlsbad because the mineral water found there contained the same mineral properties as the famous Spa No. 7 in Karlsbad, Bohemia. Despite its popularity among visitors seeking the reported curative powers of Carlsbad’s waters, the city experienced a long period of declining growth between 1890 and 1914 due to drought and national economic problems. During that time, buildings were abandoned and land uses changed; mining, industrial and agricultural endeavors were attempted but most failed. Twentieth Century Population and economic growth resumed again in the late 1910s, spurred by agriculture. Development and infrastructure expanded to accommodate a growing population, although even in the 1920 Census, Carlsbad residential units were still primarily farms. Also at this time, millions of Mexicans fled north from Mexico to seek refuge during the Mexican Revolution, some of whom settled in Carlsbad. These immigrants provided additional farm and railroad labor to the area. They built small simple houses with no electricity or indoor plumbing and later sold the homes to other incoming immigrants. This development provided the foundation for the first neighborhood in Carlsbad, which today is called the Barrio. By 1930, areas near the historic core were divided and subdivided to make room for the newly developing suburban enclaves. Like the rest of the country, Carlsbad felt the effects of the Great Depression in the 1930s, during which numerous businesses failed and many middle- and lower-class residents left the area. After WWII, however, suburban development began to spread throughout Southern California and, following a series of annexations beginning in the 1960s, including La Costa in 1972, Carlsbad has grown gradually in area and population (City of Carlsbad 2015). 4.4.2 Regulatory Setting National Register of Historic Places Although the project does not have a federal nexus, properties which are listed in or have been formally determined eligible for listing in the NRHP are automatically listed in the CRHR. The following is therefore presented to provide applicable regulatory context. The NRHP was authorized by Section 101 of the National Historic Preservation Act and is the nation’s official list of cultural resources worthy of preservation. The NRHP recognizes the quality of significance in American, a. Federal Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-7 state, and local history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects. Per 36 CFR Part 60.4, a property is eligible for listing in the NRHP if it meets one or more of the following criteria: Criterion A: Is associated with events that have made a significant contribution to the broad patterns of our history. Criterion B: Is associated with the lives of persons significant in our past. Criterion C: Embodies the distinctive characteristics of a type, period, or method of installation, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. Criterion D: Has yielded, or may be likely to yield, information important in prehistory or history. In addition to meeting at least one of the above designation criteria, resources must also retain integrity. The National Park Service recognizes seven aspects or qualities that, considered together, define historic integrity. To retain integrity, a property must possess several, if not all, of these seven qualities, defined as follows: Location: The place where the historic property was constructed or the place where the historic event occurred Design: The combination of elements that create the form, plan, space, structure, and style of a property Setting: The physical environment of a historic property Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory Feeling: A property’s expression of the aesthetic or historic sense of a particular period of time Association: The direct link between an important historic event or person and a historic property Certain properties are generally considered ineligible for listing in the NRHP, including cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions, relocated structures, or commemorative properties. Additionally, a property must be at least 50 years of age to be eligible for listing in the NRHP. The National Park Service states that 50 years is the general estimate of the time needed to develop the necessary historical perspective to evaluate significance (National Park Service 1997:41). Properties which are less than 50 years must be determined to have “exceptional importance” to be considered eligible for NRHP listing. California Environmental Quality Act California Public Resources Code (PRC) Section 21804.1 requires lead agencies to determine if a project could have a significant impact on historical or unique archaeological resources. As defined in PRC Section 21084.1, a historical resource is a resource listed in, or determined eligible for listing in, the CRHR, a resource included in a local register of historical resources or identified in a historical b. State City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-8 resources survey pursuant to PRC Section 5024.1(g), or any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant. PRC Section 21084.1 also states resources meeting the above criteria are presumed to be historically or culturally significant unless the preponderance of evidence demonstrates otherwise. Resources listed in the NRHP are automatically listed in the CRHR and are, therefore, historical resources under CEQA. Historical resources may include eligible built environment resources and archaeological resources of the precontact or historic periods. CEQA Guidelines Section 15064.5(c) provides further guidance on the consideration of archaeological resources. If an archaeological resource does not qualify as a historical resource, it may meet the definition of a “unique archaeological resource” as identified in PRC Section 21083.2. PRC Section 21083.2(g) defines a unique archaeological resource as an artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: 1) it contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information, 2) has a special and particular quality such as being the oldest of its type or the best available example of its type, or 3) is directly associated with a scientifically recognized important prehistoric or historic event or person. If an archaeological resource does not qualify as a historical or unique archaeological resource, the impacts of a project on those resources will be less than significant and need not be considered further (CEQA Guidelines Section 15064.5[c][4]). CEQA Guidelines Section 15064.5 also provides guidance for addressing the potential presence of human remains, including those discovered during the implementation of a project. According to CEQA, an impact that results in a substantial adverse change in the significance of a historical resource is considered a significant impact on the environment. A substantial adverse change could result from physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the historical resource would be materially impaired (CEQA Guidelines Section 15064.5 [b][1]). Material impairment is defined as demolition or alteration in an adverse manner [of] those characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in, the CRHR or a local register (CEQA Guidelines Section 15064.5[b][2][A]). If it can be demonstrated that a project will cause damage to a unique archaeological resource, the lead agency may require reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. To the extent that resources cannot be left undisturbed, mitigation measures are required (PRC Section 21083.2[a][b]). CEQA Guidelines Section 15126.4 stipulates an EIR shall describe feasible measures to minimize significant adverse impacts. In addition to being fully enforceable, mitigation measures must be completed within a defined time period and be roughly proportional to the impact of the project. Generally, a project which is found to comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (the Standards) is considered to be mitigated below a level of significance (CEQA Guidelines Section 15126.4 [b][1]). For historical resources of an archaeological nature, lead agencies should also seek to avoid damaging effects where feasible. Preservation in place is the preferred manner to mitigate impacts to archaeological sites; however, data recovery through excavation may be the only option in certain instances (CEQA Guidelines Section 15126.4[b][3]). Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-9 California Register of Historical Resources The CRHR was established in 1992 and codified by PRC Sections 5024.1 and 4852. The CRHR is an authoritative listing and guide to be used by State and local agencies, private groups, and citizens in identifying the existing historical resources of the State and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change (PRC Section 5024.1[a]). The criteria for eligibility for the CRHR are consistent with the NRHP criteria but have been modified for state use to include a range of historical resources that better reflect the history of California (PRC Section 5024.1[b]). Unlike the NRHP however, the CRHR does not have a defined age threshold for eligibility; rather, a resource may be eligible for the CRHR if it can be demonstrated sufficient time has passed to understand its historical or architectural significance (California Office of Historic Preservation 2006). Further, resources may still be eligible for listing in the CRHR even if they do not retain sufficient integrity for NRHP eligibility (California Office of Historic Preservation 2006). Generally, the California Office of Historic Preservation recommends resources over 45 years of age be recorded and evaluated for historical resources eligibility (California Office of Historic Preservation 1995:2). Properties are eligible for listing in the CRHR if they meet one of more of the following criteria: Criterion 1: Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. Criterion 2: Is associated with the lives of persons important to our past. Criterion 3: Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. Criterion 4: Has yielded, or may be likely to yield, information important in prehistory or history. California Public Resources Code Section 5097.5 of the California PRC states: No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express permission of the public agency having jurisdiction over such lands. Violation of this section is a misdemeanor. As used here, “public lands” means lands owned by or under the jurisdiction of the state or any city, county, district, authority, or public corporation, or any agency thereof. Consequently, public agencies are required to comply with PRC Section 5097.5 regarding their activities, including construction and maintenance, as well as for permit actions (e.g., encroachment permits) undertaken by others. If a project can be demonstrated to cause damage to a unique archaeological resource, the lead agency may require reasonable efforts to permit any or all of these resources to be preserved in place or left in an undisturbed state. To the extent that resources cannot be left undisturbed, mitigation measures are required (PRC Section 21083.2[a-c]). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-10 Codes Governing Human Remains The disposition of human remains is governed by Section 7050.5 of the California Health and Safety Code and PRC Sections 5097.94 and 5097.98 and falls within the jurisdiction of the NAHC. If human remains are discovered, the County Coroner must be notified within 48 hours and there should be no further disturbance to the site where the remains were found. If the remains are determined by the coroner to be Native American, the coroner is responsible for contacting the NAHC within 24 hours. The NAHC, pursuant to Section 5097.98, will immediately notify those persons it believes to be most likely descended from the deceased Native Americans so they can inspect the burial site and make recommendations for treatment or disposal. California Health and Safety Code Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined if the remains are subject to the Coroner’s authority. If the human remains are of Native American origin, the coroner must notify the NAHC within 24 hours of this identification. Assembly Bill 52 of 2014 AB 52 expanded CEQA by defining a new resource category, “tribal cultural resources.” AB 52 establishes that “a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2). AB 52 further states when feasible, the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource (PRC Section 21084.3). PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe,” and meets either of the following criteria: Listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k). 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 PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American Tribe. In recognition of California Native American tribal sovereignty and the unique relationship of California local governments and public agencies with California Native American tribal governments and with respect to the interests and roles of project proponents, it is the intent AB 52 to accomplish the following: Recognize that California Native American prehistoric, historic, archaeological, cultural, and sacred places are essential elements in tribal cultural traditions, heritages, and identities. Establish a new category of resources in CEQA called “tribal cultural resources” that considers the tribal cultural values in addition to the scientific and archaeological values when determining impacts and mitigation. a. b. 1. 2. Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-11 Establish examples of mitigation measures for tribal cultural resources that uphold the existing mitigation preference for historical and archaeological resources of preservation in place, if feasible. Recognize that California Native American tribes may have expertise with regard to their tribal history and practices, which concern the tribal cultural resources with which they are traditionally and culturally affiliated (because CEQA calls for a sufficient degree of analysis, tribal knowledge about the land and tribal cultural resources at issue should be included in environmental assessments for projects that may have a significant impact on those resources). In recognition of their governmental status, establish a meaningful consultation process between California Native American tribal governments and lead agencies, respecting the interests and roles of all California Native American tribes and project proponents, and the level of required confidentiality concerning tribal cultural resources, early in the CEQA environmental review process, so that tribal cultural resources can be identified, and culturally appropriate mitigation and mitigation monitoring programs can be considered by the decision-making body of the lead agency. Recognize the unique history of California Native American tribes and uphold existing rights of all California Native American tribes to participate in, and contribute their knowledge to, the environmental review process pursuant to CEQA. Ensure that local and tribal governments, public agencies, and project proponents have information available, early in CEQA environmental review process, for purposes of identifying and addressing potential adverse impacts to tribal cultural resources and to reduce the potential for delay and conflicts in the environmental review process. Enable California Native American tribes to manage and accept conveyances of, and act as caretakers of, tribal cultural resources. Establish that a substantial adverse change to a tribal cultural resource has a significant effect on the environment. AB 52 also establishes a formal consultation process for California tribes regarding those resources. The consultation process must be completed before a CEQA document can be certified or adopted. AB 52 requires that lead agencies “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the process are those that have requested notice of projects proposed in the jurisdiction of the lead agency. Senate Bill 18 of 2004 California Government Code Section 65352.3 (adopted pursuant to the requirements of SB 18) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan. The tribal organizations eligible to consult have traditional lands in a local government’s jurisdiction, and are identified, upon request, by the Native American Heritage Commission. As noted in the California Office of Planning and Research’s Tribal Consultation Guidelines (2005), “The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places.” 3. 4. 5. 6. 7. 8. 9. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-12 Carlsbad General Plan The City of Carlsbad General Plan, which was adopted in 2015, includes goals and policies relating to cultural resources (City of Carlsbad 2015). As presented in the Arts, History, Culture, and Education Element and Open Space, Conservation, and Recreation Element, these include: Arts, History, Culture, and Education Element Goal 7-G.1 Recognize, protect, preserve, and enhance the city’s diverse heritage. Goal 7-G.2 Make Carlsbad’s history more visible and accessible to residents and visitors. Policy 7-P.1 Prepare an updated inventory of historic resources in Carlsbad, with recommendations for specific properties and districts to be designated in national, state, and local registries, if determined appropriate and with agreement of the property owners. Policy 7-P.2 Encourage the use of regional, state and federal programs that promote cultural preservation to upgrade and redevelop properties with historic or cultural value. Consider becoming a participant in the Mills Act tax incentive program. Policy 7-P.3 Formalize a program of historical markers/plaques at resources in state and national registers or of local importance. Policy 7-P.4 Promote community education of historic resources, integration and celebration of such resources as part of community events: a. Enhance the community’s recognition that objects of historic importance increase both fiscal and community value; b. Promote the use of historic resources for the education, pleasure and welfare of the people of the city. Cooperate with historic societies, schools, libraries, parks and community members to stimulate public interest in historic preservation; and c. Maintain historical reference materials on file at the Carlsbad City Library. Policy 7-P.5 Encourage the rehabilitation of qualified historic structures through application of the California Historical Building Code. Policy 7-P.6 Ensure compliance with the City of Carlsbad Cultural Resource Guidelines to avoid or substantially reduce impacts to historic structures listed or eligible to be listed in the National Register of Historic Places or the California Register of Historical Resources. Policy 7-P.7 Implement the City of Carlsbad Cultural Resources Guidelines to avoid or substantially reduce impacts to archaeological and paleontological resources. Policy 7-P.8 During construction of specific development projects, require monitoring of grading, ground-disturbing, and other major earthmoving activities in previously undisturbed areas or in areas with known archaeological or paleontological resources by a qualified professional, as well as a tribal monitor during activities in areas with cultural resources of interest to local Native American tribes. Both the qualified professional and tribal monitor shall observe grading, ground-disturbing, and other earth-moving activities. c. Local Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-13 Policy 7-P.9 Ensure that treatment of any cultural resources discovered during site grading complies with the City of Carlsbad Cultural Resource Guidelines. Determination of the significance of the cultural resource(s) and development and implementation of any data recovery program shall be conducted in consultation with interested Native American tribes. All Native American human remains and associated grave goods shall be returned to their most likely descendent and repatriated. The final disposition of artifacts not directly associated with Native American graves shall be negotiated during consultation with interested tribes; if the artifact is not accepted by Native American tribes, it shall be offered to an institution staffed by qualified professionals, as may be determined by the City Planner. Artifacts include material recovered from all phases of work, including the initial survey, testing, indexing, data recovery, and monitoring. Policy 7-P.10 Require consultation with the appropriate organizations and individuals (e.g., Information Centers of the California Historical Resources Information Systems [CHRIS], the Native American Heritage Commission [NAHC], and Native American groups and individuals) to minimize potential impacts to cultural resources that may occur as a result of a proposed project. Policy 7-P.11 Prior to occupancy of any buildings, a cultural resource monitoring report identifying all materials recovered shall be submitted to the City Planner. Education Element and Open Space, Conservation, and Recreation Element Policy 4-P.32 Where appropriate, designate as open space those areas that preserve historic, cultural, archeological, paleontological and educational resources. Policy 4-P.34 Promote expansion of recreational and educational use opportunities in areas of significant ecological value, such as lagoons, where discretionary use of the resource allows. Consider partnering with private foundations for the conservation of such lands and the development of educational programming. Combine historically significant sites with recreational learning opportunities, where possible. Utilize community parks in support of historical and cultural programs and facilities when feasible and appropriate. Coordinate the efforts of the Historic Preservation City of Carlsbad Historic Preservation Ordinance As detailed in Title 22 of the Carlsbad Municipal Code, the City of Carlsbad Historic Preservation Ordinance (Ord. CS-438 § 3, 2022; Ord. NS-433 § 2, 1997; Ord. 9776 § 1, 1985) authorizes the Historic Preservation Commission to establish and adopt a historic resources inventory, as approved by the City Council, by the procedures outlined in the ordinances. An eligible property may be nominated and designated as a historic resource if it satisfies the requirements set forth below. Historic resources may be designated as historic sites, historic landmarks, and historic districts. A historic resource may be considered and approved by council for designation as a historic resource if it is at least 50 years, attained significance in the last 50 years, its owner has consented to its designation, and it meets one of the following criteria: a) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the historic, cultural or architectural heritage of California or the United States; or City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-14 b) It is associated with the lives of persons important to local, California, or United States history; or c) It embodies distinctive characteristics of a region, style, type, period or method of construction, or is representative of a notable work of an acclaimed builder, engineer, designer or architect that embodies significant structural, engineering, or architectural achievement; or d) It has yielded or has the potential of yielding information important to the prehistory or history of the local area, California or the United States (Ord. CS-438 § 4, 2022; Ord. NS-433 § 3, 1997; Ord. NS-141 § 5, 1991; Ord. 9776 § 1, 1985) In addition, Section 22.06.030 of the Municipal Code defines a historic district as a grouping of buildings, structures or other improvements that, among other criteria, it is a geographically definable area with a concentration of contributing resources linked historically, culturally, or architecturally through location, design, setting, materials, workmanship, feeling and/or association; and consists of contributing resources share a time period in which most of the original construction occurred or with some other shared historical, cultural or architectural period of context or significance (Ord. CS-438 § 4, 2022; Ord. NS-433 § 3, 1997; Ord. 9835 § 2, 1987; Ord. 9776 § 1, 1985). Sections 22.08.010 through 22.08.030 of the Municipal outline requirements for projects that would involve the alteration, demolition, or relocation of a nominated or designated historic resource or projects within the boundaries of a historic district. All applications for a permit for work involving a historic site, historic district, landmark, other than routine maintenance or repair, are subject to the review of the city planner and, in certain cases, the historic preservation commission. Except in certain circumstances, such as those of economic hardship, a permit may be issued only if the proposed work would not substantially destroy or alter a designated resource, would comply with the Standards, and would be compatible with the resource’s historical character (Ord. CS-438 § 5, 2022; Ord. NS-433 § 4, 1997; Ord. 9776 § 1, 1985). Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines The Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (City of Carlsbad 2017; henceforth referred to as “Carlsbad Cultural Resource Guidelines”) provide procedures for the identification and treatment of said resources within the city’s boundaries. Among other things, the document identifies, minimal qualifications standards for cultural resources professionals, areas of potential sensitivity for cultural resources, methods and standards of analysis, procedures for the identification and analysis of cultural resources, and standards for the preparation of cultural resources studies. 4.4.3 Existing Conditions A California Historical Resources Information System (CHRIS) records search was conducted by the South Coastal Information Center (SCIC) in July 2022 for the proposed project. The SCIC is the official state repository for cultural resources records and reports for the county in which the project falls. The purpose of the records search was to identify previously recorded cultural resources, as well as previously conducted cultural resources studies within the project area and a 0.5-mile radius surrounding it. Additionally, the National Register of Historic Places (NRHP), the California Register of Historic Resources (CRHR), the California Historical Landmarks list, the Archaeological Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-15 Determination of Eligibility (ADOE) list, and the Built Environment Resources Directory (BERD) were reviewed, as well as its predecessor the California State Historic Property Data (HPD) File. The CHRIS records search and background research identified seven cultural resources within Carlsbad, including one built environment resource and six archaeological resources. Among these, only the built environment resource, 2550 Carlsbad Boulevard (P-37-037179), was evaluated for historical resource significance and it was recommended ineligible for NRHP, CRHR, and local listing in 2012 (Davis 2012). In addition to the CHRIS records search and background research, the city requested a review of the Sacred Lands File (SLF) by the Native American Heritage Commission (NAHC). In accordance with both AB 52 and SB 18, the city conducted consultation with tribal contacts who had either previously requested consultation or were identified by the NAHC as being traditionally and culturally affiliated with the project area. The results of the SLF search and tribal consultation are discussed in further detail below. Historical Resources in Project Area The following sections discuss the presence of known historical resources, which are properties that have been listed, determined eligible, or previously recommended eligible for listing in the NRHP, CRHR, and the local register, in addition to potential historical resources, which include any property 45 years or more of age that has not been previously evaluated for inclusion in the NRHP, CRHR, or local register. Known Historical Resources A review of NRHP, California Office of Historic Preservation (OHP) website, the BERD, city of Carlsbad historic property list, and previous historical resources documentation prepared in or for the city of Carlsbad1 identified four known historical resources on or immediately adjacent to one of the 18 sites making up the project area.  Site 4 contains Agua Hedionda/Marron Adobe (2770 Sunny Creek Road), which was previously recommended eligible for listing in the NRHP.  Agua Hedionda District with an OHP status code of 2S, meaning it has been determined eligible for the NRHP and automatically listed in the CRHR. However, the BERD does not provide locational information for this district and it could not be confirmed whether the district is located on a project site.  The property at 2560 Carlsbad Boulevard, located west of Site 14, was identified as potentially locally significant in the 1990 City of Carlsbad Cultural Resources Survey (Roth & Associates 1990).  The property at 2476 Mountain View Drive, located across Carlsbad Boulevard west of Site 14, was identified as potentially locally significant in the 1990 City of Carlsbad Cultural Resources Survey (Roth & Associates 1990). 1 City of Carlsbad. n.d. Working Paper 4: History, the Arts and Cultural Resources, High Quality Education and Community Services; City of Carlsbad. n.d. Carlsbad General Plan, Draft Environmental Impact Report; City of Carlsbad. 2015. Carlsbad General Plan. September 2015; City of Carlsbad. 2019. “Historic” Properties in Carlsbad. November 21, 2019. Document on file with the City of Carlsbad; Roth & Associates. 1990. City of Carlsbad Cultural Resources Survey. Prepared for City of Carlsbad Housing and Redevelopment. February 18, 1990; WESTEC Services, Inc. 1980. Regional Historic Preservation Study, Carlsbad, CA. Prepared for Comprehensive Planning Organization of the San Diego Region. April 19, 1980. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-16  Red Apple Inn/Army and Navy Academy, located immediately west of Site 14, was identified as potentially locally significant in the 1980 Regional Historic Preservation Survey (WESTEC Services 1980).  The potential Carlsbad Village Historic District, as identified in the 2015 General Plan EIR, encompasses Sites 14 and 15.  The potential Old Carlsbad Historic District, as identified in the 2015 General Plan EIR, borders a portion of the west boundary of Site 14, along Carlsbad Boulevard. Although none of the known historical resources are formally listed on the NRHP, CRHR, or local register, each has been recommended eligible for designation and as such qualifies as a historical resource pursuant to CEQA. Available documentation did not, in all cases, provide clear locational information and Table 4.4-1 below may not represent a complete inventory of known historical resources. As such, other designated historical resources may be located in or adjacent to the project area. Future projects should consult Appendix C, which consists of lists of known known historical resources identified in previous historical resources surveys conducted in Carlsbad. Table 4.4-1 Known Historical Resources on and Adjacent to the Rezone Sites Resource Name Location Proximity to Site Eligibility Status Agua Hedionda/ Marron Adobe 2770 Sunny Creek Road Adjacent to Site 4 Recommended eligible for listing in the NRHP N/A 2560 Carlsbad Boulevard West of Site 14 Potentially eligible for local designation N/A 2476 Mountain View Drive Adjacent to Site 14 (across Carlsbad Boulevard west) Potentially eligible for local designation N/A 2787 State Street Adjacent to Site 14 (100 feet southeast) Potentially eligible for local designation Red Apple Inn/Army and Navy Academy 2585 Carlsbad Blvd Immediately adjacent to Site 14 Potentially eligible for local designation Carlsbad Village potential historic district Bounded generally by Laguna and Ocean drives on the north; Oak and Walnut avenues on the south; Interstate 5 and Jefferson and Maddison streets on the east; and Ocean and Garfield streets on the west Sites 14 and 15 are located within the potential historic district boundaries Potentially eligible for local designation Old Carlsbad potential historic district Bounded generally by State Route 78 on the north, El Camino Real on the east, the coast and Agua Hedionda Lagoon on the west, and Cannon Road on the south Site 14 borders the potential historic district on the north Potentially eligible for local designation Sources: BERD; City of Carlsbad n.d., 2015, 2019; Roth & Associates 1980; WESTEC Services, Inc. 1990 Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-17 Potential Historical Resources A review of historical aerial photographs and topographic maps indicates that, excluding known historical resources, six of the project sites contain buildings or structures that are presently 45 years or more of age, the typical age threshold for historical resources consideration under CEQA (California Office of Historic Preservation 1995:2). As such, these properties have the potential to qualify as historical resources pursuant to CEQA pending further investigation. No additional rezone sites contain buildings or structures that will become 45 years of age within the anticipated buildout year of the General Plan of 2035. Table 4.4-2 below contains an inventory of the Housing Element Sites. The inventory presented below may not be exhaustive, however, and additional potential historical resources may be located on project sites pending site-specific analysis. Table 4.4-2 Inventory of Rezone Sites Site APN Location Construction Date Eligibility Status 1 1563011600 North County Plaza, 1810 Marron Road N/A N/A 2 1563011100; 1563011000; 1563010600; 1563023500; 1563022300 The Shoppes at Carlsbad, 2525 El Camino Real N/A N/A 3 1670805000; 1670804900; 1670803400 Chestnut Avenue at El Camino Real Vacant N/A 4 2090901100; 2090607200 Zone 15 cluster, College Ave at El Camino Real, and 2820 Sunny Creek Rd Circa 1978 (2090607200) N/A 5 2100902400 Avenida Encinas car storage lot, Avenida Encinas at Cannon Road N/A N/A 6 2122700500 Crossings Golf Course Lot 5 Vacant N/A 7 2120210400 Salk Avenue parcel, Salk Avenue at Fermi Court Vacant N/A 8 2120404700 Cottage Row, 1400 Plame Tree Lane Circa 1978 Unknown City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-18 Site APN Location Construction Date Eligibility Status 9 2120402600; 2121100700; 2121100600; 2121100500; 2121100800; 2121100400; 2121100300; 2121100200; 2121100100 West Oaks industrial site Circa 1964 transmission lines (2121100500, 2121100800, 2121100200, and 2121100100) Unknown 10 2132621700 Bressi Ranch Colt Place industrial parcel, Palomar Airport Road east of Innovation Way Vacant Unknown 11 2132631900; 2132632000 Bressi Ranch Gateway Road industrial parcels, Gateway Road at Palomar Airport Road Vacant Unknown 12 2210140300; 2210150800 Industrial sites east of Melrose Drive, 5980 Eagle Dr Vacant Unknown 14 1552001200; 7601663700 Carlsbad Village Train Station Parking Lot, near railroad tracks at Carlsbad Boulevard Railroad tracks on parcels are pre-1937 Unknown 15 2040100500; 2040100600 City’s Oak Yard, Oak Avenue and Tyler Street Circa 1964 (2040100600); circa 1967 (2040100500) Unknown 16 2110500900; 2110500800 Caltrans Maintenance Station & Pacific Sales, 6100 Paseo Del Norte Circa 1978 Unknown 17 2141502000; 2141500800 NCTD Poinsettia Coaster Station, Costa Boulevard west of Embarcadero Lane Circa 1995 Unknown 18 2141602800; 2141711100; 2141602500; 2160100100; 2160100200; 2160100300; 2160100400; 2160100500 North Ponto Parcels, 7200 Ponto Drive Circa 1964 (2141711100); circa 1978 (2141602500) Unknown Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-19 Site APN Location Construction Date Eligibility Status 19 2550120500 Vacant and parking lot for La Costa Glen/Forum, Calle Barcelona west of El Camino Real NA N/A Source: NETROnline 2022 Archaeological Resources in the Project Area As stated above, the CHRIS records search that was conducted for the proposed project identified six archaeological resources within the project area. Additionally, the city received a response to their SLF search request from the NAHC on November 9, 2020, that indicated that Carlsbad is positive for Sacred Lands. Though it is known that archaeological resources have been identified within Carlsbad, information on archaeological resources is confidential and will not be further discussed here. Tribal Cultural Resources in the Project Area As part of its tribal cultural resource identification process pursuant to California Assembly Bill (AB) 52, the city sent letters via certified mail to four Native American tribal contacts who had previously requested consultation. Under AB 52, tribes have 30 days to respond and request consultation. The tribal contacts included the following:  Cami Mojado, Cultural Resources Manager of the San Luis Rey Band of Mission Indians  Michael Mirelez, Cultural Resource Director of the Torres Martinez Desert Cahuilla Indians  Cheryl Madrigal, Tribal Historic Preservation Officer of the Rincon Band of Luiseño Indians  Michael Linton, Chairperson of the Mesa Grande Band of Mission Indians As part of its tribal cultural resource identification process pursuant to Senate Bill (SB) 18, the city sent letters via certified mail to 25 Native American tribal contacts identified by the NAHC as being traditionally and culturally affiliated with the project area. Under the provisions of SB 18, have 90 days to respond and request consultation. The tribal contacts included the following:  Raymond Welch, Chairperson of the Barona Group of the Capitan Grande  Ralph Goff, Chairperson of the Campo Band of Diegueño Mission Indians  Robert Pinto, Chairperson of the Ewiiaapaayp Band of Kumeyaay Indians  Michael Garcia, Vice Chairperson for the Ewiiaapaayp Band of Kumeyaay Indians  Virgil Perez, Chairperson of the Iipay Nation of Santa Ysabel  Rebecca Osuna, Chairperson of the Inaja-Cosmit Band of Indians  Lisa Cumper, Tribal Historic Preservation Officer of the Jamul Indian Village  Erica Pinto, Chairperson of the Jamul Indian Village  Carmen Lucas, Tribal Spokesperson of the Kwaaymii Laguna Band of Mission Indians  Norma Contreras, Chairperson of the La Jolla Band of Luiseño Indians  Javaughn Miller, Tribal Administrator of the La Posta Band of Diegueño Mission Indians City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-20  Gwendolyn Parada, Chairperson of the La Posta Band of Diegueño Mission Indians  Angela Elliott Santos, Chairperson of the Manzanita Band of Kumeyaay Nation  Michael Linton, Chairperson of the Mesa Grande Band of Diegueño Mission Indians  Shasta Gaughen, Tribal Historic Preservation Officer of the Pala Band of Mission Indians  Temet Aguilar, Chairperson of the Pauma Band of Luiseño Indians  Mark Macarro, Chairperson of the Pechanga Band of Luiseño Indians  Cheryl Madrigal, Tribal Historic Preservation Officer of the Rincon Band of Luiseño Indians  San Luis Rey Tribal Council of the San Luis Rey Band of Mission Indians  Allen Lawson, Chairperson of the San Pasqual Band of Diegueño Mission Indians  Joseph Ontiveros, Chairperson of the Soboba Band of Luiseño Indians  Cody Martinez, Chairperson of the Sycuan Band of the Kumeyaay Nation  John Christman, Chairperson of the Viejas Band of Kumeyaay Indians  Isaiah Vivanco, Chairperson of the Soboba Band of Luiseno Indians The Pala Band of Mission Indians, Rincon Band of Lusieno Indians, and San Luis Rey Band of Mission Indians have formally requested consultation. 4.4.4 Impact Analysis Historical and Archaeological Resources If a project may cause a substantial adverse change in the characteristics of a resource that convey its significance or justify its eligibility for inclusion in the CRHR or a local register, either through demolition, destruction, relocation, alteration, or other means, then the project would have a significant effect on the environment (CEQA Guidelines Section 15064.5[b]). Impacts would be significant if the project would: 1) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5. 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5. 3) Disturb any human remains, including those interred outside of formal cemeteries. Threshold 1 broadly refers to historical resources. To more clearly differentiate between archaeological and built environment resources, analysis under Threshold 1 has been limited to built environment resources. Archaeological resources, including those that may be considered historical resources pursuant to Section 15064.5 and those that may be considered unique archaeological resources pursuant to Section 21083.2, are considered under Threshold 2. Direct impacts can be assessed by identifying the types and locations of proposed development, determining the exact locations of cultural resources within the project area, assessing the significance of the resources that may be affected, and determining the appropriate mitigation. Removal, demolition, or alteration of historical resources can permanently impact the historic fabric of an archaeological site, structure, or historic district. a. Methodology and Significance Thresholds Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-21 The State Legislature, in enacting the CRHR, amended CEQA to clarify which properties are significant, as well as which project impacts are considered to be significantly adverse. A project with an effect that may cause a substantial adverse change in the significance of a historical resource is a project that may have significant effect on the environment (CEQA Guidelines Section 150645[b]). A substantial adverse change in the significance of a historical resource means demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of a historical resource would be materially impaired (CEQA Guidelines Section 150645[b][1]). The CEQA Guidelines further state that “[t]he significance of an historical resource is materially impaired when a project… [d]emolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in the California Register … local register of historic resources… or its identification in an historic resources survey.” As such, the test for determining whether or not the project will have a significant impact on identified historical resources is whether it will materially impair physical integrity of the historic resource such that it could no longer be listed in the CRHR or a local landmark program. Tribal Cultural Resources Appendix G of the CEQA Guidelines identifies the following criteria for determining whether a project’s impacts would have a significant impact to tribal cultural resources: Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 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 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 Resource Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. In accordance with both AB 52 and SB 18, the City has conducted consultation as the lead agency. This consultation included written communication with a total of 27 tribal contacts. The AB 52 and SB 18 letters were sent on October 24, 2022, and May 9, 2023, respectively. At the time of the release of the Draft SEIR, the Pala Band of Mission Indians, Rincon Band of Lusieno Indians, and San Luis Rey Band of Mission Indians have formally requested consultation. Consultation is ongoing. The 2015 General Plan EIR determined that impacts to historical and archaeological resources would be less than significant with regard to adverse changes to historical landmarks and other historical resources, adverse changes to archeological resources, or the disturbance of human remains (Section 3.7, Historical, Archaeological, and Paleontological Resources: 3.7-18 through 3.7-23). Individual development projects are subject to project-specific development and planning review, including tribal consultation, and built environment evaluation if necessary. 1. a. b. b. Prior Environmental Analysis City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-22 The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to cultural or tribal cultural resources. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to cultural or tribal cultural resources would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? Impact CUL-1 DEVELOPMENT FACILITATED BY THE PROJECT COULD IMPACT KNOWN AND PREVIOUSLY UNIDENTIFIED HISTORICAL RESOURCES. IMPACTS TO HISTORICAL RESOURCES WOULD BE SIGNIFICANT AND UNAVOIDABLE. The project consists of amendments to the 2015 General Plan necessary to implement programs of the city’s Housing Element. Although the EIR for the 2015 General Plan found there would be less than significant impacts to historical resources, as discussed below, site-specific analysis for the current project finds that construction activities facilitated by project may cause significant and unavoidable impacts to historical resources. The project would rezone 18 project sites identified in the Housing Element to facilitate housing. One site, Site 4, is immediately adjacent to a known historical resource, Agua Hedionda/Marron Adobe (2770 Sunny Creek Road), which has been recommended eligible for the NRHP. One project site, Site 14, is located immediately adjacent to known historical resources that have been previously identified as eligible for the local register (Table 4.4-1). Additionally, Sites 14 and 15 are located within the boundaries of the potential Carlsbad Village Historic District, and Site 14 is immediately adjacent to the potential Old Carlsbad Historic District. There are also 6 sites (Sites 4, 8, 9, 14, 15, and 18) containing buildings or structures that have been that have not been subject to a previous historical resources evaluation but which currently meet the 45-year age threshold generally triggering the need for evaluation (Table 4.4-2). No additional project sites contain properties that will become 45 years age over the life of the General Plan, which will be in effect through 2035. Pending further analysis there is potential for these previously unevaluated properties to qualify as historical resources pursuant to CEQA. For the purposes of this study, these properties are considered potential historical resources. Although the project does not propose any specific construction activities, reasonably foreseeable development facilitated by the project could impact historical resources through demolition, construction, and reconstruction activities, which may result in impacts to historical resources. Such impacts may include direct physical changes to a historical resource or the introduction of new visual elements into a historical resource’s setting. The City of Carlsbad has adopted policies to minimize impacts to historical resources, which would apply to future development facilitated by the project. As outlined above in Section 4.4.2, Regulatory Setting, General Plan policies 7-P.1, 7-P.2, 7-P.5, and 7-P.6 promote the identification, designation, and retention of historically significant c. Project Impacts and Mitigation Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-23 buildings. In addition, under city’s Historic Preservation Ordinance, projects involving the alteration, demolition, or relocation of a nominated or designated property or work within a nominated or designated historic site or historic district, are subject to a permit review process designed to reduce impacts to historical resources. In most cases, the approval of a permit for a project involving a nominated or designated historical resource would be required to adhere to the Standards, which would minimize impacts to the maximum feasible extent (Carlsbad Municipal Code (or CMC) sections 22.08.010 through 22.08.030). Finally, to ensure consistent methods and procedures for the identification of yet unknown historical resources and assessment of impacts to historical resources, the City has adopted the Carlsbad Cultural Resource Guidelines. Per the City’s guidelines, a historical resources evaluation shall be prepared for developments involving a property that contains buildings or structures that are 45 years of age or older. For the current project, such sites include, but are not necessarily limited to, Sites 4, 8, 9, 14, 15, and 18, where buildings and structures of 45 years or more of age are known to be present. The evaluation shall be prepared prior to any construction activities by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history (36 CFR Part 61). If qualifying historical resources are identified, an impacts assessment shall be prepared to determine whether the project would cause changes to the historical resource that would impair its ability to convey its historical significance, which would constitute an impact pursuant to CEQA. In cases where a project would result affect a historical resource, avoidance or adherence to the Standards is preferable. However, where these remedies are not feasible, the City’s guidelines provide two standard treatments applicable to historical resources which may be used to mitigate impacts. These include: Standard Treatment 4: Project-Specific Public Interpretation and Education. Any eligible cultural resource may be interpreted for the benefit of the general public through the development and installation of one or more interpretive panels in parks, along trails, or at scenic overlooks. The consultation conducted with SLRBMI would determine whether or not this measure is appropriate for Native American cultural resources. The number, location, and content of the panels shall not disclose the locations of confidential archaeological sites. Panels will measure approximately two feet by three feet and will be displayed along newly constructed trails within the permit area. Panels may be upright or may be lower and angled. Panels will be printed, manufactured, and installed by appropriate and experienced professionals. Immediately following installation, photographs and GPS coordinates of the installed signs will be provided to the City as proof of compliance with this requirement. Should the subject of the panels or signs be Native American culture, then the SLRBMI shall be afforded an opportunity to review and comment on the draft panels, prior to manufacturing. Standard Treatment 6: HABS/HAER/HALS-Like Documentation. The Historic American Building Survey (HABS), Historic American Engineering Record (HAER), and Historic American Landscape Survey (HALS) programs are administered by the NPS, in consultation with the federal agency and SHPO. These programs provide documentation for eligible buildings and structures. For the purpose of these Guidelines, federal agencies, NPS, and SHPO are not involved; however, documentation comparable with this program may be utilized. It should be noted that this documentation does not mitigate certain impacts to CEQA-defined Historical Resources to a less-than-significant level. In addition to the above-cited standard treatments, under some circumstances, the project applicant may negotiate with the City to develop non-standard treatments tailored to the specific City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-24 conditions of a project. Adherence to the relevant General Plan policies, the Historic Preservation Ordinance, and the relevant elements of the Carlsbad Cultural Resource Guidelines would reduce impacts to historical resources. However, these measures do not in all cases require the retention of historical resources, adherence to the Standards. or other actions to prevent impacts to historical resources as defined in CEQA Guidelines Section 15064.5(b). Moreover, although the application of the City’s Standard Treatments 2 and 6, in addition to unspecified non-standard treatments, would potentially reduce impacts to the maximum extent feasible, legal precedent has established that the loss of historical fabric cannot be readily compensated for by commemorative mitigation.2 As such, measures to reduce impacts outlined above would not in all cases avoid impacts to historical resources. Therefore, impacts to historical resources would be potentially significant. Mitigation Measures No mitigation measures are required because adherence to the relevant General Plan policies, the Historic Preservation Ordinance, and the relevant provisions of the Carlsbad Cultural Resource Guidelines would reduce impacts to the maximum extent feasible. No other feasible mitigation measures are available. Significance After Mitigation No feasible mitigation measures are required beyond adherence to applicable General Plan policies, the Historic Preservation Ordinance, and the relevant provisions of the Carlsbad Cultural Resource Guidelines. As explained above, measures to reduce impacts outlined above would not in all cases avoid impacts to historical resources. Therefore, impacts to historical resources would be significant and unavoidable. Threshold 2: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Impact CUL-2 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT COULD ADVERSELY AFFECT IDENTIFIED AND PREVIOUSLY UNIDENTIFIED ARCHAEOLOGICAL RESOURCES. HOWEVER, THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH ADHERENCE TO THE CARLSBAD CULTURAL RESOURCE GUIDELINES. Although the EIR for the 2015 General Plan found there would be less than significant impacts to archaeological resources, archaeological sites are known to be present in the project area and the vicinity. Therefore, ground-disturbing activities associated with development facilitated by the proposed project have the potential to damage or destroy historic-age or prehistoric archaeological resources that may be present on or below the ground surface, particularly in areas not studied in a cultural resources investigation or when excavation depths exceed those attained previously for past development. Each of the rezoned parcels has the potential to contain archaeological resources. Consequently, damage to or destruction of known or previously unknown archaeological resources could occur because of the proposed project. The Carlsbad Cultural Resource Guidelines addresses treatment of cultural resources should they be identified as a result of development associated with the proposed project. Therefore, potential impacts to archaeological resources would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines. 2 League For Protection of Oakland's Architectural and Historic Resources, Plaintiff and Appellant, v. City of Oakland et al., Montgomery Ward & Co., Inc., et al. No. A074348. First District, Division One. Feb 10, 1997. Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-25 Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3: Would the project disturb any human remains, including those interred outside of formal cemeteries? Impact CUL-3 GROUND-DISTURBING ACTIVITIES ASSOCIATED WITH DEVELOPMENT UNDER THE PROPOSED PROJECT COULD RESULT IN DAMAGE TO OR DESTRUCTION OF HUMAN BURIALS. HOWEVER, THIS IMPACT WOULD BE LESS THAN SIGNIFICANT THROUGH ADHERENCE TO STATE HEALTH AND SAFETY CODE SECTION 7050.5 AND PUBLIC RESOURCES CODE SECTION 5097.98. Human burials outside of formal cemeteries can occur in prehistoric archaeological contexts. While no known burial sites have been identified in the city, excavations during construction activities could have the potential to disturb these resources, which could include Native American burial sites. The Carlsbad Cultural Resource Guidelines Standard Treatment 11: Post-Review Discoveries section addresses treatment of human remains should they be disturbed as a result of development associated with the project. Moreover, human burials, in addition to being potential archaeological resources, have specific provisions for treatment in PRC Section 5097. The California Health and Safety Code (Section 7050.5, 7051, and 7054) has specific provisions for the protection of human burial remains. Existing regulations address the illegality of interfering with human burial remains, and protect them from disturbance, vandalism, or destruction. They also include established procedures to be implemented if Native American skeletal remains are discovered. PRC Section 5097.98 also addresses the disposition of Native American burials, protects such remains, and provides for the establishment of the NAHC to resolve any related disputes. All development projects are also subject to State of California Health and Safety Code Section 7050.5 which states that, if human remains are unearthed, no further disturbance can occur until the county coroner has made the necessary findings as to the origin and disposition of the remains pursuant to the PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site and make recommendations to the landowner within 48 hours of being granted access. With adherence to these existing regulations as well as the Carlsbad Cultural Resource Guidelines, the impact to human remains would be less than significant. No mitigation is required. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-26 Threshold 4a: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource as defined in Public Resources Code Section 21074 that is 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)? Threshold 4b: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource as defined in Public Resources Code Section 21074 that is 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? Impact CUL-4 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT COULD ADVERSELY IMPACT TRIBAL CULTURAL RESOURCES. CONSULTATION WITH NATIVE AMERICAN TRIBAL REPRESENTATIVES IS ONGOING. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH ADHERENCE TO THE CARLSBAD CULTURAL RESOURCE GUIDELINES. As part of its tribal cultural resources identification process under AB 52 and SB18, the city sent letters via certified mail to twenty-seven tribal contacts that were identified as traditionally and culturally affiliated with the project area. The Pala Band of Mission Indians, Rincon Band of Lusieno Indians, and San Luis Rey Band of Mission Indians have formally requested consultation and consultation with these tribes is ongoing. Although no specific tribal cultural resources on the rezone sites have been identified during the preparation of this document, tribal cultural resources are known to exist in Carlsbad. Development facilitated by the proposed project has the potential to adversely impact tribal cultural resources. The Carlsbad Cultural Resource Guidelines addresses identification and treatment of tribal cultural resources that may be impacted as a result of development associated with the proposed project. Therefore, potential impacts to tribal cultural resources would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines. No mitigation is required. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. The geographic scope for cumulative cultural resource impacts includes areas in the vicinity Carlsbad, including adjacent unincorporated County land and adjacent incorporated cities. This geographic scope is appropriate for cultural resources because such resources are regionally specific. The geographic scope for cumulative tribal cultural resource impacts includes Luiseño and Kumeyaay/Diegueño traditional territory. This geographic scope is appropriate for tribal cultural resources because tribal cultural resources are regionally specific and determined by the local tribes. Cumulative buildout in this region would have the potential to adversely impact cultural and tribal cultural resources. It is possible that future cumulative projects would result in impacts to known or unknown historical resources. While impacts to such resources would be addressed on a case-by-case basis and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project, cumulative development may result in direct or indirect impacts to historical resources. As such, cumulative historical impacts would be significant. Development facilitated by the project d. Cumulative Impacts Environmental Impact Analysis Cultural and Tribal Cultural Resources Supplemental Environmental Impact Report 4.4-27 would adhere to the provisions of the Carlsbad Cultural Resource Guidelines related to historical resources. However, even after implementation of these guidelines, the proposed project would result in a considerable contribution to this cumulative impact. Buildout of cumulative projects would result in significant cumulative impacts to unknown archaeological resources. In the event that individual cumulative projects would result in impacts to known or unknown cultural resources, impacts to such resources would be addressed on a case-by- case basis, and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project. As such, cumulative archaeological impacts would be less than significant without mitigation as development facilitated by the project must adhere to the Carlsbad Cultural Resource Guidelines. With adherence to these guidelines, impacts to archaeological resources would be less than significant; therefore, the proposed project would not result in a considerable contribution to this cumulative impact. Future projects and cumulative projects in the region would involve ground-disturbing activities which could encounter human remains. If human remains are found, the proposed project and cumulative projects would be required to comply with the State of California Health and Safety Code Section 7050.5, as described in Impact CUL-3, above. With adherence to the Carlsbad Cultural Resource Guidelines and existing regulations relating to human remains, cumulative impacts would be less than significant, and the proposed project would not result in a considerable contribution to this cumulative impact. Cumulative development in the region would disturb areas with the potential to contain tribal cultural resources. Given the potential to damage these unknown tribal cultural resources, cumulative impacts could be significant. Cumulative projects are reviewed separately by the appropriate jurisdiction and undergo environmental review when it is determined that the potential for significant impacts exists. In the event that future cumulative projects would result in impacts to known or unknown tribal cultural resources, impacts to such resources would be addressed on a case-by-case basis, and would be subject to the Carlsbad Cultural Resource Guidelines. With adherence to these guidelines, cumulative impacts would be less than significant, and the proposed project would not result in a considerable contribution to this cumulative impact. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.4-28 This page intentionally left blank. Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-1 4.5 Geology and Soils This section addresses the potential physical environmental effects related to seismic hazards, underlying soil characteristics, slope stability, erosion, and paleontological resources within the City of Carlsbad from implementation of the project. 4.5.1 Setting a. Regional Geology Carlsbad is situated in the Peninsular Ranges, the southwestern most province of the 11 major geomorphic provinces1 in California (California Geological Survey [CGS] 2002). In general, the Peninsular Ranges consist of northwest-southeast trending mountain ranges and faults. More specifically, the City of Carlsbad lies in the Coastal Plain Region of the Peninsular Ranges, which extends from the Pacific Coast to the western foothills of the Peninsular Ranges (County of San Diego 2007). The Coastal Plain Region is underlain by marine and non-marine sedimentary rocks deposited within the last 75 million years overlying a basement consisting of plutonic igneous rocks. b. Local Geology and Soils Carlsbad is within the coastal portion of the Peninsular Ranges Geomorphic Province, a region characterized by northwest-trending structural blocks and intervening fault zones. Typical lithologies in the Peninsular Ranges include a variety of igneous, intrusive rocks associated with the Cretaceous-age (between approximately 65 and 135 million years old) Southern California Batholith (a large igneous intrusive body). In western San Diego County, batholithic rocks are often intruded into Jurassic-age (between approximately 135 and 195 million years old) metavolcanic and/or metasedimentary units, with these basement rocks locally overlain by Tertiary-age (between approximately 2 and 65 million years old) marine and non-marine sedimentary strata. Tertiary rocks in the western portion of the county are associated primarily with a number of sea level advance and retreat cycles over approximately the last 55 million years, including sedimentary units in Carlsbad and vicinity as described below (City of Carlsbad 2014). Topographically, the Peninsular Ranges Province is composed of generally parallel ranges of steep- sloping hills and mountains separated by alluvial valleys. More recent uplift and erosion has produced the characteristic canyon and mesa topography present today in western San Diego County, as well as the deposition of surficial materials including Quaternary-age (less than approximately two million years old) alluvium, colluvium and topsoil (City of Carlsbad 2014). The elevation of the city ranges from approximately sea level to 1,000 feet above mean sea level (United States Geological Survey [USGS] 2023). Surficial soils primarily consist of clays, loams, and sands, including but not limited to Altamont clay, Diablo clay, Bonsall loam, Chesterton loam, Cieneba loam, Escondio loam, Exchequer loam, Fallbrook loam, Friant loam, Gaviota loam, Huerhuero loam, Las Posas loam, Carlsbad sand, Corralitos sand, Las Flores sand, Marina sand. The most abundant soil orders2 include Alfisols, Entisols, Inceptisols, Mollisols, and Vertisols. The soil orders in the Oceanside Quadrangle, in which the city is located, is shown in Figure 4.5-1. 1 A geomorphic province is defined as a region of unique topography and geology that is distinguished from other regions based on its landforms and geologic history. 2 Soil orders represent a grouping of soils with distinct characteristics and ecological significance. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-2 Figure 4.5-1 Soil Orders in Carlsbad :... _. J City Limits Highway Major Street Planned Street Railroad -Potential Housing Sites* Dominant Soil Order -Alfisols Entisols lnceptisols Mollisols Vertisols Bodies of Water No Soil -Data Not Available • Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map N o~--....,..,o~;_s ___ _.1.s A Miles ~ Imagery provided by Esri and its licensors © 2023. Additional data provided by City of Carlsbad, 2022; SSURGO, 2021. City of Encinitas Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-3 c. Geologic and Seismic Hazards Earthquake Faults CGS establishes criteria for classification of faults. There are no active faults that run directly through Carlsbad; however, there are several regional Quaternary faults offshore of Carlsbad (Figure 4.5-2). Quaternary-age faults are less than approximately 2 million years old. Age- undetermined faults are faults where the recency of fault movement has not been determined. Faults can be “age-undetermined” if the fault in question has simply not been studied to determine its recency of movement. Within the framework of the Alquist-Priolo Act (the A-P Act; see discussion in section 4.5.2 below), age-undetermined faults within regulatory Earthquake Fault Zones can be considered Holocene-active (surface displacement within the past 11,700 years) until proven otherwise (CGS 2018). Regional Faults There are no active faults that run directly through Carlsbad. Additionally, CGS does not include Carlsbad on its list of cities affected by Alquist–Priolo Earthquake Fault Zones. The Elsinore Fault Zone and Newport-Inglewood-Rose Canyon Fault Zone, the nearest Alquist-Priolo Earthquake Fault Zones, are located approximately 20 miles northeast and 21 miles south, respectively, of Carlsbad. Other faults in the region include the Coronado Bank, La Nacion, Agua Caliente, and San Jacinto. Figure 4.5-2 shows regional faults around Carlsbad. Recent Regional Seismic Activity Historic documents record that an earthquake centered either on the Rose Canyon or Coronado Bank faults struck San Diego on May 27, 1862, damaging buildings in Old Town San Diego and causing ground rupture near the San Diego River mouth. This earthquake is believed to have had a magnitude of about 6.0 based on descriptions of the damage it caused. The strongest recorded earthquake in the San Diego area was a magnitude of 5.3 on the Richter scale that struck on July 13, 1986, on the Coronado Bank fault, 25 miles offshore of Solana Beach. There have been several moderate earthquakes recorded within the Rose Canyon Fault Zone as well. On June 17, 1985, three earthquakes hit San Diego measuring 3.9, 4.0, and 3.9, respectively, and on October 28, 1986, a stronger earthquake with a magnitude of 4.7 occurred (City of Carlsbad 2014). Surface Rupture Surface rupture represents the breakage of ground along the surface trace of a fault, which is caused by the intersection of the fault surface area ruptured in an earthquake with the Earth's surface. Fault displacement occurs when material on one side of a fault moves relative to the material on the other side of the fault. This can have particularly adverse consequences when buildings are located within the rupture zone. It is not feasible, from a structural or economic perspective, to design and build structures that can accommodate rapid displacement involved with surface rupture. Amounts of surface displacement can range from a few inches to tens of feet during a rupture event. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-4 Figure 4.5-2 Regional Faults near Carlsbad t. ' \\ \~ \~ \\ Sanl Imagery provided by Esri and its ficensors © 2023. Additional data provided by City of Carlsbad, 2022; USGS, 2020. • 6 ·. / \Oceansld ·~~ ·-~ ' ~i ~s- t;; \ "-;; .. -· ..... ~ . . ... \···· \ ~ ,~ ~ , I City Limits Highway Major Street Planned Street Railroad Fault Lines 0 Offshore Quaternary Faults latest Quaternary (<15,000 years), well constrained location latest Quaternary (<15,000 years), moderately constrained location latest Quaternary (<15,000 years), inferred location late Quaternary (<130,000 years), well constrained location late Quaternary (<130,000 years), moderately constrained location late Quaternary (<130,000 years), inferred location undifferentiated Quaternary(<l,6 million years), well constrained location undifferentiated Quaternary(<l,6 million years), moderately constrained location undifferentiated Quaternary(<L6 million years), inferred location 6 N A Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-5 The A-P Act regulates development near active faults to mitigate the hazard of surface fault rupture. Essentially, this Act contains two requirements: (1) it prohibits the location of most structures for human occupancy across the trace of active faults; and (2) it establishes Earthquake Fault Zones and requires geologic/seismic studies of all proposed developments within 1,000 feet of the zone. The Earthquake Fault Zones are delineated and defined by the State Geologist and identify areas where potential surface rupture along a fault could occur. There are no Alquist-Priolo Earthquake Fault Zones in Carlsbad, as described above. Ground Shaking Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Carlsbad lies in a seismically active region of Southern California. The type and magnitude of seismic impacts are dependent on the distance to the epicenter of the earthquake, the nature of the fault on which the earthquake is located, and the intensity and magnitude of the seismic event. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone, or an area of medium-low ground shaking potential (City of Carlsbad 2014). The major cause of structural damage from earthquakes is ground shaking. The intensity of ground motion expected at a particular site depends upon the magnitude of the earthquake, the distance to the epicenter, and the geology of the area between the epicenter and the property. Greater movement can be expected at sites located on poorly consolidated material, such as alluvium, within close proximity to the causative fault, or in response to a seismic event of great magnitude. d. Secondary Seismic Effects Potential hazards resulting from the secondary effects of ground-shaking include liquefaction and earthquake-induced landslides. Soil-disturbing activities such as grading, soil compaction, and cut and fill activities can create or exacerbate conditions that increase the chance of such effects during or independent of seismic activity. Liquefaction and Collapse Liquefaction is a phenomenon that occurs in soils where granular sediment or fill material either contain, or lie immediately above, high moisture content. Ground shaking or other rapid loading can reduce the strength and stiffness of a soil and transform it momentarily from a solid state to a liquid state. Collapsible soils are unsaturated soils that experience a radical rearrangement of particles and a decrease in volume upon wetting, additional loading, or both, similar to liquefiable soils (United States Bureau of Reclamation 1992). Buildings in areas that experience liquefaction may suddenly sink or suffer major structural damage. Most of Carlsbad does not have liquefaction potential. However, three east-west bands in the northern, central, and southern portions of the city have liquefaction potential primarily from National Earthquake Hazards Reduction Program (NEHRP) Soil Type D, as well as from tidal flats, riverwash, and Tujunga sand. Figure 4.5-3 illustrates liquefaction potential throughout Carlsbad. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-6 Figure 4.5-3 Liquefaction Risk in Carlsbad :._ .. J City Limits Highway Major Street Planned Street Ra ilroad -Potential Housing Sites• Potential Liquefaction -Tidal flats Riverwash --NEHRP Soil Type D Tujunga sand, 0 to 5 percent slopes ,., Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map N o~---o~·;_s ___ ~1.s ~ Miles ~ Imagery provided by Esri and its licensors © 2023. Additional data provided by City of Carlsbad, 20ZZ. F) _ _:-·· ~;~~'f.e City of Encinitas -\:.~ Ou\ \C'"o .,...~o Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-7 Landslides and Slope Stability Seismic ground shaking can also result in landslides and other slope instability. Landslides occur when slopes become unstable, and masses of earth material move downslope. Landslides are usually rapid events, often triggered during periods of rainfall or by earthquakes. Mudslides and slumps are a shallower type of slope failure. They typically affect the upper soil horizons rather than bedrock features. Usually, mudslides and slumps occur during or soon after periods of rainfall, but they can be triggered by seismic shaking. As shown in Figure 4.5-4, the city has mixed levels of landslide susceptibility. e. Other Geologic Hazards Some of the geotechnical hazards discussed above, such as landslides and slope instability, can be triggered by or occur independently of seismic events. Others, such as subsidence, expansive soils, lateral spreading, and soil erosion occur independently of seismic events, and are discussed here. Subsidence Subsidence refers to the sinking of a large area of ground surface in which material is displaced vertically with little or no horizontal movement. Subsidence originates at great depths below the surface when subsurface pressure is reduced by the natural loss or human withdrawal of fluids (e.g. groundwater, natural gas, or oil), or can occur due to soil compression. Soils in San Diego County are generally granitic and there have been no documented incidents of subsidence in the county or the city (City of Carlsbad 2014). Expansive Soils Expansive soils swell with increases in moisture content and shrink with decreases in moisture content. These soils usually contain high clay content. Foundations for structures constructed on expansive soils require special design considerations. Because expansive soils can expand when wet and shrink when dry, they can cause foundations, basement walls and floors to crack, causing substantial structural damage. As such, structural failure due to expansive soils near the ground surface is a potential hazard. Most of the soils in Carlsbad have low shrink-swell potential (City of Carlsbad 2014). Lateral Spreading Lateral spreading is a type of liquefaction induced ground failure that can occur on gentle slopes or near free-faces, such as river channels, which results in the horizontal displacement of soil (United States Geological Survey 2015). Lateral spreading can be considerably damaging to foundations, bridges, roadways, pipelines, and other structures. As discussed above under Liquefaction, most of Carlsbad does not have liquefaction potential and therefore does not have lateral spreading potential. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-8 Figure 4.5-4 Landslide Susceptibility in Carlsbad :_ __ J City Limits Highway Major Street Planned Street Railroad . -Potential Housing Sites• Landslide Susceptibility •• 5 6 7 -8 -9 -10 "Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map "" The higher the number, the greater the susceptibility 0 0.75 N 1.5 J.. ._ ___ M_i.,.1le_s ___ _,I ~ Imagery provided by Esri and its licensors © 2023. p I) Additional data provided by City of Carlsbad, 2022; CGS, Map Sheet 58, 2018. -;--';~~·· : co\011ei t ~ ··\ 1l ~. ~✓- -~()'\ ·f ."J,-f#,, "I\..,. 0,1.: ,,i ,,, .. ~- -~~-t .-· Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-9 Soil Erosion Erosion refers to the removal of soil by water or wind. Factors that influence erosion potential include the amount of rainfall and wind, the length and steepness of the slope, and the amount and type of vegetative cover. Depending on how well protected the soil is from these forces; the erosion process can be very slow or rapid. Removal of natural or manufacture protection can result in substantial soil erosion and excessive sedimentation and pollution problems in streams, lakes, and estuaries. Within Carlsbad, erosion from water, wind, and agricultural/development tillage, as well as coastal erosion from storms and rising sea-levels have the potential to threaten the city’s water quality, economic viability, and supply of natural resources. In terms of coastal erosion, beaches are the first line of defense against ocean waves, providing a buffer between the waves and coastal properties. When beaches are cut back during storms, they progressively lose their buffering ability, making further erosion more likely. The most direct approach to reduce or avoid coastal erosion is to limit the amount of development in the areas likely to be affected by coastal erosion. In addition, the city has identified specific areas where additional protection efforts are necessary, including drainage/erosion, slope stability, and seismic hazards; within the Coastal Zone, the city has designated these areas as part of the Coastal Resource Protection Overlay Zone (City of Carlsbad 2014). f. Paleontological Resources Paleontological resources, or fossils, are the remains and traces of prehistoric life. Fossils are typically preserved in layered sedimentary rocks and the distribution of fossils is a result of the sedimentary history of the geologic units within which they occur. Fossils occur in a non-continuous and often unpredictable distribution within some sedimentary units, and the potential for fossils to occur within sedimentary units depends on several factors. Although it is not possible to determine whether a fossil will occur in any specific location, it is possible to evaluate the potential for geologic units to contain scientifically significant paleontological resources, and therefore evaluate the potential for impacts to those resources and provide mitigation for paleontological resources if they do occur during construction. The Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (City of Carlsbad 2017; henceforth referred to as “Carlsbad Cultural Resource Guidelines”) adopted by the City in 2017 provide guidelines for managing paleontological resources. These guidelines provide a paleontological sensitivity rating for each of the geologic units mapped within the city by Kennedy and Tan (2007). These geologic units and their paleontological sensitivities are listed in Table 4.5-1. There are several known geological formations within Carlsbad, including the Lusardi Formation of the Cretaceous Age, as well as the Santiago Formation and Del Mar Formation of the Tertiary Age. These formations include a sequence of sedimentary rock units that record portions of the last 140 million years of earth history. The Lusardi Formation consistently produces significant fossils and consists of sandstones and conglomerate that were deposited in a shallow sea that covered the region approximately 74 million years ago (City of Carlsbad 2014). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-10 Table 4.5-1 Geologic Units within City of Carlsbad and their Paleontological Sensitivity Geologic Unit Age Paleontological Sensitivity Sites alluvial floodplain deposits Late Holocene Low 1, 2, 4 marine beach deposits Late Holocene Moderate None paralic estuarine deposits Late Holocene Moderate None young alluvial flood-plain deposits Holocene and late Pleistocene Low 8, 9 landslide deposits Holocene and Pleistocene Low 6 undivided old alluvial flood-plain deposits late to middle Pleistocene Low 4 old alluvial flood-plain deposits, unit 6 late to middle Pleistocene Low None old alluvial flood-plain deposits, unit 5 late to middle Pleistocene Low None old paralic deposits, units 7-8 late to middle Pleistocene High None old paralic deposits, units 6-7 late to middle Pleistocene High 5, 14-18 old paralic deposits, unit 6 late to middle Pleistocene Moderate None old paralic deposits, units 2-4 late to middle Pleistocene High None undivided very old alluvial flood-plain deposits middle to early Pleistocene Low None very old paralic deposits, undivided middle to early Pleistocene Low None very old paralic deposits, unit 13 middle to early Pleistocene Low 1 very old paralic deposits, unit 12 middle to early Pleistocene Low 3 very old paralic deposits, units 10-11 middle to early Pleistocene Low None very old paralic deposits, unit 10 middle to early Pleistocene Low 6 Dacite Stock Miocene Low None Delmar Formation middle Eocene Moderate None Santiago Formation middle Eocene High 1-3, 6, 8-12 Torrey Sandstone middle Eocene Low None Point Loma Formation Late Cretaceous High 4, 7 Lusardi Formation Late Cretaceous Moderate None undivided tonalite mid-Cretaceous Low None Leucogranodiorite of Lake Hodges mid-Cretaceous Low None undivided metasedimentary and metavolcanic rocks Mesozoic Low None Source: City of Carlsbad 2017 Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-11 Figure 4.5-5 Paleontological Sensitivity in Carlsbad City of Carlsbad Geology C_j City Limits D Geologic Units Paleontological Sensitivity Low Moderate -High Water Body 0 0.S I Miles: I I I I I I I I ~ Kilometers A, I :62,500 I inch= I mile Map by Amite Simmons, Cogstooe Resource Management Inc., Orange, Callfofnia. 2016 -~ , " l. •• ' Lal< 21 ·Sol.inJ Bit.1ch Copyright e20f1-ef(I") Delorme, N EQ. Sources: USGS. ESRJ, TANA., ANO, Sources Esn d'et5,f!le, USGS, NP City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-12 Carlsbad is located in the Encinitas, San Luis Rey, San Marcos, and Rancho Santa Fe, U.S. Geological Survey 7.5-minute topographic quadrangles. The geology of the region was mapped by Kennedy and Tan (2007), who identified the following geologic units within the city:  modern beach deposits  modern to early Pleistocene-aged alluvial floodplain deposits (subdivided into various units)  modern to early Pleistocene-aged paralic deposits (subdivided into various units)  Holocene to Pleistocene-aged landslide deposits  dacite stock  Delmar Formation  Santiago Formation  Torrey Sandstone  Point Loma Formation  Lusardi Formation  undivided Cretaceous-aged tonalite  leucogranodiorite of Lake Hodges  undivided Mesozoic-aged metasedimentary and metavolcanic rocks Areas of high paleontological sensitivity are shown in Figure 4.5-5. As shown therein, much of Carlsbad is within an area of high paleontological sensitivity, which consists of landforms that typically contain archaeological sites or for which there is a higher concentration of previously recorded resources. The high potential units in Carlsbad are the Point Loma Formation and the Santiago Formation (City of Carlsbad 2017). 4.5.2 Regulatory Setting a. Federal Clean Water Act Congress enacted the Clean Water Act (CWA), formerly the Federal Water Pollution Control Act of 1972, with the intent of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States. The CWA requires states to set standards to protect, maintain, and restore water quality through the regulation of point source and non-point source discharges to surface water. Those discharges are regulated by the National Pollutant Discharge Elimination System (NPDES) permit process (CWA Section 402). NPDES permitting authority is administered by the California State Water Resources Control Board (SWRCB) and its nine Regional Water Quality Control Boards (RWQCBs). Disaster Mitigation Act of 2000 Congress passed the Disaster Mitigation Act of 2000 to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act by invoking new and revitalized approaches to mitigation planning. Section 322 of the Act emphasized the need for state and local government entities to closely coordinate on mitigation planning activities, and makes the development of a hazard mitigation plan a specific eligibility requirement for any local government applying for federal mitigation grant funds. Communities with an adopted and federally-approved hazard mitigation plan thereby Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-13 become pre-positioned and more apt to receive available mitigation funds before and after the next declared disaster. To implement the new Stafford Act provisions, the Federal Emergency Management Agency (FEMA) published requirements and procedures for local hazard mitigation plans in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Part 201.6. These regulations specify minimum standards for developing, updating, and submitting local hazard mitigation plans for FEMA review and approval at least once every five years. b. State California Building Code The California Building Code (CBC), Title 24, Part 2 provides building codes and standards for the design and construction of structures in California. The 2022 CBC is based on the 2015 International Building Code with the addition of more extensive structural seismic provisions. Chapter 16 of the CBC contains definitions of seismic sources and the procedure used to calculate seismic forces on structures. The CBC requires addressing soil-related hazards, such as treating hazardous soil conditions involving removal, proper fill selection, and compaction. In cases where soil remediation is not feasible, the CBC requires structural reinforcement of foundations to resist the forces of expansive soils. Alquist-Priolo Earthquake Fault Zoning Act The A-P Act of 1972 was passed into law following the destructive February 9, 1971, magnitude 6.6 San Fernando earthquake. The A-P Act provides a mechanism for reducing losses from surface fault rupture on a statewide basis. The intent of the A-P Act is to ensure public safety by prohibiting the siting of most structures for human occupancy across traces of active faults that constitute a potential hazard to structures from surface faulting or fault creep. This A-P Act groups faults into categories of active, potentially active, and inactive. Historic and Holocene age faults are considered active, Late Quaternary and Quaternary age faults are considered potentially active, and pre- Quaternary age faults are considered inactive. Seismic Hazards Mapping Act The Seismic Hazards Mapping Act (the Act) of 1990 was passed into law following the destructive October 17, 1989 M6.9 Loma Prieta earthquake. The Act directs the CGS to delineate Seismic Hazard Zones. The purpose of the Act is to reduce the threat to public health and safety and to minimize the loss of life and property by identifying and mitigating seismic hazards. Cities, counties, and State agencies are directed to use seismic hazard zone maps developed by CGS in their land-use planning and permitting processes. The Act requires that site-specific geotechnical investigations be performed prior to permitting most urban development projects within seismic hazard zones. California Public Resources Code Section 5097.5 of the Public Resources Code states: No person shall knowingly and willfully excavate upon, or remove, destroy, injure or deface any historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints, inscriptions made by human agency, or any other archaeological, paleontological or historical feature, situated on public lands, except with the express City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-14 permission of the public agency having jurisdiction over such lands. Violation of this section is a misdemeanor. Here “public lands” means those owned by, or under the jurisdiction of, the state or any city, county, district, authority, or public corporation, or any agency thereof. Consequently, public agencies are required to comply with Public Resources Code Section 5097.5 for their own activities, including construction and maintenance, and for permit actions (e.g., encroachment permits) undertaken by others. c. Regional and Local San Diego County Multi-Jurisdictional Hazard Mitigation Plan The 2023 San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was approved by the San Diego County Board of Supervisors in February 2023 as an update to the 2018 MJHMP. However, the 2023 MJHMP is still pending final approval from the Federal Emergency Management Agency (FEMA). The MJHMP identifies risks and ways to minimize damage by natural and human- caused disasters. It was prepared to comply with the Disaster Mitigation Act of 2000 to increase disaster planning funding, and is intended to educate the public, help serve as a decision-making tool, supplement and enhance local policies regarding disaster planning, and improve multi- jurisdiction coordination. Topics related to geology, soils, and seismicity are addressed in the MJHMP, including earthquake, liquefaction, and rain-induced landslide. The MJHMP identifies wildfire, earthquakes, hazardous materials, flooding, and severe weather as the top five hazards in Carlsbad due to the potential loss of life, injuries, and damage to property, as well as the significance in the disruption of services (San Diego County 2023). After FEMA approval and local adoption, the annexes to the MJHMP for each city within the county will be updated. Pending those approvals, the 2018 MJHMP identifies goals for hazard mitigation in Carlsbad, including “reducing the possibility of damage and losses to existing assets, including people, critical facilities/infrastructure, and public facilities due to earthquakes.” Various actions are outlined in the MJHMP to assist the city in reaching this goal (San Diego County 2018). Carlsbad General Plan The following General Plan Arts, History, Culture, and Education Element policies are related to paleontological resources:3 Policy 7-P.7 Implement the City of Carlsbad Cultural Resource Guidelines to avoid or substantially reduce impacts to archaeological and paleontological resources. Policy 7-P.8 During construction of specific development projects, require monitoring of grading, ground-disturbing, and other major earthmoving activities in previously undisturbed areas or in areas with known archaeological or paleontological resources by a qualified professional, as well as a tribal monitor during activities in areas with cultural resources of interest to local Native American tribes. Both the qualified professional and tribal monitor shall observe grading, ground disturbing, and other earth-moving activities. 3 The current Carlsbad General Plan, adopted in 2015, lists several policies related to geology and soils in the Public Safety Element. The existing Public Safety Element policies would be replaced by the updated Public Safety Element policies as part of this project; therefore, policies from the 2015 General Plan that are being removed as part of the Public Safety Element Update are not included in this section. Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-15 Policy 7-P.9 Ensure that treatment of any cultural resources discovered during site grading complies with the City of Carlsbad Cultural Resource Guidelines. Determination of the significance of the cultural resource(s) and development and implementation of any data recovery program shall be conducted in consultation with interested Native American tribes. All Native American human remains and associated grave goods shall be returned to their most likely descendent and repatriated. The final disposition of artifacts not directly associated with Native American graves shall be negotiated during consultation with interested tribes; if the artifact is not accepted by Native American tribes, it shall be offered to an institution staffed by qualified professionals, as may be determined by the City Planner. Artifacts include material recovered from all phases of work, including the initial survey, testing, indexing, data recovery, and monitoring. Policy 7-P.10 Require consultation with the appropriate organizations and individuals (e.g., Information Centers of the California Historical Resources Information Systems [CHRIS], the Native American Heritage Commission [NAHC], and Native American groups and individuals) to minimize potential impacts to cultural resources that may occur as a result of a proposed project. Policy 7-P.11 Prior to occupancy of any buildings, a cultural resource monitoring report identifying all materials recovered shall be submitted to the City Planner. City of Carlsbad Municipal Code Building Code The City Building Code (Carlsbad Municipal Code [CMC] Title 18) is intended to regulate the construction of applicable facilities and encompasses (and formally adopts) associated elements of the CBC (Title 24, Part 2, Volumes 1 and 2) and the California Building Standards Code. Specifically, this includes guidelines related to “regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the city of Carlsbad…” Grading and Erosion Control Chapter 15.16 of the CMC establishes minimum requirements for grading and dictates that a grading permit is required for any grading. An application for a grading permit must include but is not limited to submittal of grading plans, engineering calculations, a soils investigation, and a geotechnical report. The Grading Ordinance is intended to facilitate appropriate planning, design, and construction of development within the city, while ensuring compatibility with associated physical conditions, environmental resources and legal/regulatory requirements. The grading permit requires a stormwater maintenance program, construction stormwater pollution prevention plan, and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. Septic Tank Systems Chapter 13.20 of the CMC governs the installation and construction of septic tank systems within the city. Septic tank systems are not permitted unless the public sewer system is not adjacent to the proposed development, or the utilities director determines that extension of the public sewer City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-16 system is not feasible; or the sewer moratorium pursuant to Section 18.05.020 of this code is in effect and none of the exceptions of that section are applicable. All septic tank systems that are permitted are required to meet all requirements of the CMC as well as Chapter 3 of Division 8 of Title 6 of San Diego County Code of Regulatory Ordinances. City of Carlsbad Landscape Manual The City of Carlsbad adopted its Landscape Manual in February 2016 which outlines policies and requirements for landscaping and provides guidance for the implementation of CMC Chapter 18.50, Water Efficient Landscape Ordinance. Policies within the Landscape Manual are related to sustainability, water conservation, planting, irrigation, streetscape, fire protection, and soil revegetation or erosion control (City of Carlsbad 2016). Technical Guidelines for Geotechnical Reports The city’s Geotechnical Report Guidelines identify specific requirements for various levels of geotechnical evaluation, including reconnaissance studies, preliminary geotechnical investigation reports, and as-graded geotechnical reports. Guidelines for all of the noted reports include requirements such as literature review; field investigation/mapping; descriptions of geologic, seismic, and engineering conditions; and conclusions/recommendations to identify potential issues and related mitigation requirements, and to ensure conformance with applicable regulations and standards (City of Carlsbad 1993). 4.5.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds Based on Appendix G of the CEQA Guidelines a project may be deemed to have a significant impact on geology and soils if it would: Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: a. 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; b. Strong seismic ground shaking; c. Seismic-related ground failure, including liquefaction; or d. Landslides; Result in substantial soil erosion or the loss of topsoil; 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; Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property; 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; or 1. 2. 3. 4. 5. Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-17 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Methodology This section describes the potential environmental impacts of the project relevant to geology and soils. The impact analysis is based on an assessment of baseline conditions for the area, including topography, geologic and soil conditions, and seismic hazards, as described above under Subsection 4.5.1, Setting. This analysis identifies potential impacts based on the predicted interaction between the affected environment and construction, operation, and maintenance activities related to development under the proposed project. This section describes impacts in terms of location, context, duration, and intensity, and recommends mitigation measures, when necessary, to avoid or minimize impacts. Paleontological Sensitivity Paleontological sensitivity refers to the potential for a geologic unit to produce scientifically significant fossils. Direct impacts to paleontological resources occur when earthwork activities, such as grading or trenching, cut into the geologic deposits within which fossils are buried and physically destroy the fossils. Sensitivity is determined by rock type, history of the geologic unit in producing significant fossils, and fossil localities recorded from that unit. Paleontological sensitivity is derived from the known fossil data collected from the entire geologic unit, not just from a specific survey. The Carlsbad Cultural Resource Guidelines (City of Carlsbad 2017) assigned paleontological sensitivity ratings to each of the geologic units in the City of Carlsbad based on previous fossil collections. Geologic units can be assigned high, moderate, or low, paleontological sensitivities. High-sensitivity geologic units consist of those containing localities that have produced significant paleontological resources. Moderate-sensitivity geologic units are those that have produced a few fossil localities or represent depositional environments that have a high likelihood of producing fossils. Low-sensitivity geologic units are those that are unlikely to produce fossils due to their young age, high-energy depositional environment, or nature of their formation (i.e., metamorphic or igneous rocks). Development within areas of high paleontological sensitivity may be likely to result in impacts to paleontological resources. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to geology, soils, and seismicity would be less than significant for adverse effects related to rupture of a known fault, strong ground shaking, seismic-related ground failure, or landslides; soil erosion; landslide, lateral spreading, subsidence, liquefaction, or collapse; locating development on expansive soils; and installing septic tanks and alternative waste water disposal systems in expansive soils (Section 3.5, Soils, Geology, and Seismicity: 3.5-15 through 3.5-22). It further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for geology, soils, and seismicity impacts. The 2015 General Plan EIR analyzed impacts associated with paleontological resources in Section 3.7, Historical, Archaeological, and Paleontological Resources and determined that impacts to paleontological resources would be less than significant with compliance with General Plan policies to protect such resources. The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new 6. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-18 impacts related to geology and soils. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to geology and soils would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description, as well as updates to the Public Safety Element which includes policies related to geology and soils. Threshold 1: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving 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? Impact GEO-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD NOT BE SUBJECT TO RUPTURE OF A KNOWN EARTHQUAKE FAULT. THIS IMPACT WOULD REMAIN LESS THAN SIGNIFICANT. There are no Alquist Priolo Earthquake Fault Zones in Carlsbad. As shown in Figure 4.5-2, there are no other known faults in Carlsbad. As such, development facilitated by the project would not directly or indirectly cause substantial adverse effects involving rupture of a known earthquake fault. Therefore, impacts related to rupture of a known earthquake fault would remain less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-19 Threshold 2: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? Threshold 3: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? Threshold 4: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Impact GEO-2 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT COULD BE LOCATED IN AREAS THAT WOULD BE EXPOSED TO SEISMIC EVENTS, INCLUDING GROUND SHAKING, LIQUEFACTION, AND LANDSLIDES. COMPLIANCE WITH THE CALIFORNIA BUILDING CODE AND CARLSBAD MUNICIPAL CODE WOULD REDUCE GROUND SHAKING, LIQUEFACTION, AND LANDSLIDE HAZARDS. WITH REQUIRED ADHERENCE TO EXISTING POLICIES AND REGULATIONS THAT REQUIRE GEOLOGIC HAZARD INVESTIGATIONS WHERE WARRANTED, CONTROL SITING OF DEVELOPMENT, AND REQUIREMENT OF SAFE CONSTRUCTION PRACTICES, IMPACTS WOULD REMAIN LESS THAN SIGNIFICANT. Development facilitated by the project would potentially expose a larger number of residents to the effects of seismic ground shaking, liquefaction, and landslides from local and regional earthquakes. The 18 sites that would be rezoned under the proposed project are subject to ground shaking, liquefaction, and landslides. Specifically, sites in the north of the city (Sites 1, 2, and 4) are subject to liquefaction due to the presence of river wash, tidal flats, or other soil hazards, and most sites overlap with areas known to be subject to varying degrees of landslide potential. Development facilitated by the project would be required to be built to current seismic standards, including but not limited to the CBC and CMC, that could better withstand the adverse effects of strong ground shaking than existing development. In addition to compliance with mandatory CBC requirements as codified in CMC Title 18, CMC Chapter 15.16 identifies that a project applicant must prepare a geotechnical investigation prior to approval of a grading permit. Additionally, the city sets forth guidelines for geotechnical reports, as described under Regulatory Setting. Compliance with provisions of CMC Chapter 15.16 and Title 18 would reduce potential impacts related to seismic hazards of individual development projects facilitated by the project. Additionally, policies 6-P.20 through 6-P.31 of the Public Safety Element Update, listed below, would further reduce impacts of strong seismic ground shaking, liquefaction, and landslides, as these polices would require geotechnical investigations and reports for development in areas susceptible to geologic and soil hazards, review of grading and development plans, and incorporation of design features that minimize potential for seismic damage. Policy 6-P.20 Allow for consideration of seismic and geologic hazards at the earliest possible point in the development process, preferably before comprehensive engineering work has commenced. Policy 6-P.21 Maintain geotechnical report guidelines identifying specific requirements for various levels of geotechnical evaluation, including reconnaissance studies, preliminary geotechnical investigation reports, and as-graded geotechnical reports. Policy 6-P.22 Use information in Figure 6-4 as a generalized guideline for planning purposes and in determining the type and extent of geotechnical report to be required for a City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-20 proposed development project. When a geotechnical report is required, require submission of the report and demonstration that a project conforms to all mitigation measures recommended in the report prior to city approval of the proposed development (as required by state law). Policy 6-P.23 Require a geotechnical investigation and report of all sites proposed for development in areas where geologic conditions or soil types are susceptible to liquefaction. Also require demonstration that a project conforms to all mitigation measures recommended in the geotechnical report prior to city approval of the proposed development (as required by state law). Policy 6-P.24 Prohibit location of critical structures directly across known earthquake faults unless a geotechnical and/or seismic investigation is performed to show that the earthquake fault is neither active nor potentially active. Policy 6-P.25 Require applicants to conduct detailed geologic and seismic investigations at sites where the construction of critical structures (high-occupancy structures and those that must remain in operation during emergencies) and structures over four stories are under consideration. Policy 6-P.26 In accordance with California state law, deny subdivision maps if a project site is not physically suitable for either the type or density of a proposed development because of specific, adverse impacts on public health and safety conditions, such as geologic, seismic, or other hazards and there is no feasible method to satisfactorily mitigate or avoid such adverse impacts. Policy 6-P.27 Require qualified geotechnical engineering professionals to review grading plans and inspect areas of excavation during and after grading, to evaluate slope stability and other geotechnical conditions that may affect site development and public safety. In areas of known or suspected landslides and/or adverse geologic conditions, the following determinations should be made: extent of landslide, depth-to-slide plane, soil types and strengths, presence of clay seams and ground water conditions. Policy 6-P.28 Continue to regulate development, including remodeling or structural rehabilitation, to ensure adequate mitigation of safety hazards on sites having a history or threat of seismic dangers, erosion, subsidence, or flooding. Policy 6-P.29 Regularly inspect locations with high landslide susceptibility directly following major storm and atmospheric events. Policy 6-P.30 Develop mitigation strategies for new areas deemed at risk to slope instability by considering the risks associated with climate change impacts which are anticipated to cause more frequent landslides from more extreme and frequent rain events and wildfires. Policy 6-P.31 Minimize risks from landslides by requiring new development to be sited outside of hazard areas, when possible, and to incorporate design that minimizes the potential for damage. Overall, compliance with the CBC, CMC, and General Plan policies would reduce the potential for loss, injury, or death following a seismic event and impacts would remain less than significant, as concluded in the 2015 General Plan EIR. Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-21 Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 5: Would the project result in substantial soil erosion or the loss of topsoil? Impact GEO-3 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD INCLUDE GROUND DISTURBANCE SUCH AS EXCAVATION AND GRADING THAT WOULD RESULT IN LOOSE OR EXPOSED SOIL. DISTURBED SOIL COULD BE ERODED BY WIND OR DURING A STORM EVENT, WHICH WOULD RESULT IN THE LOSS OF TOPSOIL. ADHERENCE TO PERMIT REQUIREMENTS AND CITY REGULATIONS WOULD ENSURE THAT THIS IMPACT WOULD REMAIN LESS THAN SIGNIFICANT. Development facilitated by the project would involve construction activities such as stockpiling, grading, excavation, paving, and other earth-disturbing activities. Loose and disturbed soils are more prone to erosion and loss of topsoil by wind and water. Construction activities that disturb one or more acres of land are subject to the Construction General Permit (Order 2009-0009, as amended by Orders 2010-0014-DWQ and 2012-006-DWQ; Municipal Permit Order No. R9-2013-0001, as amended by Orders R9-2015-0001 and R9-2015-0100; NPDES Permit No. CAS0109266, issued by the California RWQCB, San Diego Region). Compliance with the permit requires each qualifying development project to file a Notice of Intent with the SWRCB. Permit conditions require preparation of a Stormwater Pollution Prevention Plan (SWPPP), which must describe the site, the facility, erosion and sediment controls, runoff water quality monitoring, means of waste disposal, control of construction sediment and erosion control measures, maintenance responsibilities, and non-storm water management controls. Grading and drainage plans accompanying the Construction General Permit application must include BMPs for erosion prevention and sediment control, fencing at waterways and in sensitive areas, and limitation of disturbed areas. The permit applications must also demonstrate compliance with NPDES permit provisions. As described in Section 4.8, Hydrology and Water Quality, development within the city would be subject to the applicable NPDES Municipal Regional Stormwater Permit which requires measures to reduce and eliminate stormwater pollutants, installation of appropriate BMPs to control stormwater runoff from construction sites, and that grading and drainage permits be obtained prior to construction. Enforcement of these permit requirements would reduce soil erosion impacts. As discussed above, pursuant to CMC Chapter 15.16, grading permits obtained for new development require a stormwater maintenance program, construction stormwater pollution prevention plan, and other such documentation and information that may be necessary to demonstrate that grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. CMC Chapter 15.16 also requires preparation of a SWPPP compliant with NPDES permit requirements and implementation of construction stormwater BMPs. Compliance with provisions of CMC Chapter 15.16, along with general CBC requirements under Title 18, would reduce potential impacts related to soil erosion and loss of topsoil of individual development projects facilitated by the project. Additionally, the updated Public Safety Element would include policy 6-P.28 (included under Impact GEO-2), which would encourage regulation of development to ensure adequate mitigation of safety hazards such as erosion. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-22 Adherence to the requirements of the NPDES Construction General Permit and Municipal Regional Stormwater Permit, including installation of appropriate BMPs to control stormwater runoff, and compliance with CMC would reduce the potential for development facilitated by the project to cause erosion or the loss of topsoil. Impacts would remain less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 6: Would the project 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? Threshold 7: Would the project be located on expansive soil, as defined in Table 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Impact GEO-4 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT COULD BE LOCATED ON A GEOLOGIC UNIT OR SOIL THAT IS UNSTABLE OR COULD BECOME UNSTABLE RESULTING IN ON OR OFF-SITE LANDSLIDE, LATERAL SPREADING, SUBSIDENCE, LIQUEFACTION, EXPANSION, OR COLLAPSE. COMPLIANCE WITH THE CALIFORNIA BUILDING CODE AND CARLSBAD MUNICIPAL CODE WOULD REDUCE HAZARDS RESULTING FROM EXPANSIVE SOILS AND IMPACTS WOULD REMAIN LESS THAN SIGNIFICANT. As identified in the proposed Public Safety Element Update, liquefaction and landslide hazard potential zones are located in portions of Carlsbad (Figures 4.5-3 and 4.5.4). The project could accommodate development within some of these areas. Of the 18 housing sites, Sites 1, 2, and 4 are located within or nearby areas identified as liquefaction hazard potential zones, and most of the housing sites are located within or nearby to areas with varying landslide risk. These areas could potentially accommodate future development that could be subject to liquefaction, landslide, lateral spreading, subsidence, or collapse. Impacts from these types of soil hazards would be reduced to less than significant levels by the standard development review process for individual projects. Standard building and grading procedures would mitigate most soil hazards. Geotechnical engineering of any landslide areas would be necessary to ensure that slopes would not become destabilized during grading activities. Onsite soil investigations would identify local hazard conditions, which are then mitigated through implementation of appropriate engineering designs as required by the CBC and CMC, and construction techniques and through proper site improvements. Development facilitated by the project on expansive soils could be subject to damage or could become unstable when the underlying soil shrinks or swells (see Section 4.5.1, Setting). As discussed above, some the 18 rezone sites that would be rezoned have mixed landslide susceptibility and some are located in potential liquefaction zones. The adverse effects of expansive soils can be avoided through proper subsoil preparation, drainage, and foundation design. To design an adequate foundation, it must be determined if the site contains expansive soils through appropriate soil sampling and laboratory soils testing. Expansive soils are identified through expansion tests of samples of soil or rock, or by means of the interpretation of a standard soils testing procedure. The Environmental Impact Analysis Geology and Soils Supplemental Environmental Impact Report 4.5-23 CBC includes requirements to address soil-related hazards, including testing to identify expansive soils and design specifications where structures are to be constructed on expansive soils. Typical measures to treat expansive soil conditions involve removal, proper fill selection, and compaction. In cases where soil remediation is not feasible, the CBC requires structural reinforcement of foundations to resist the forces of expansive soils. As discussed above, pursuant to CMC Chapter 15.16, the city would require preparation of an engineering geologist’s investigation and soils report prior to approval of a grading permit. Geotechnical recommendations within the report would be incorporated into project design, as required by the CBC. Compliance with provisions of CMC and CBC would reduce potential impacts related to locating future development on expansive soils. Additionally, policies 6-P.21 through 6-P.27, listed under Impact GEO-2, would further reduce impacts of unstable and expansive soils by maintaining guidelines for geotechnical reports, requiring geotechnical reports for development located in areas with known soil and geologic hazards, and developing mitigation strategies for areas with slope instability and geologic hazards. Overall, compliance with the CBC, CMC, and General Plan policies would reduce hazards related to expansive soils and the impact would remain less-than-significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 8: Would the project 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? Impact GEO-5 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD MOSTLY OCCUR ON OR NEAR DEVELOPED SITES THAT WOULD BE SERVED BY EXISTING SANITATION INFRASTRUCTURE. NEW DEVELOPMENT IS NOT ANTICIPATED TO INCLUDE THE USE OF SEPTIC SYSTEMS. THEREFORE, IMPACTS RELATED TO THE USE OF SEPTIC TANKS OR ALTERNATIVE WASTEWATER DISPOSAL SYSTEMS WOULD REMAIN LESS THAN SIGNIFICANT. As discussed in Section 4.14, Utilities and Service Systems, development facilitated by the project would occur in areas where existing wastewater infrastructure exists. New development is not anticipated to include the use of septic systems. Pursuant to Chapter 13.20, septic tanks are permitted only when the public sewer system is not adjacent to development or the city’s utilities director determines that extension of the sewer system is not feasible. In the unforeseen situation whereby a septic system would be required, the system would be required to comply with requirements in Chapter 13.20 and Chapter 3 of Division 8 of Title 6 of San Diego County Code of Regulatory Ordinances. As such, impacts would remain less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.5-24 Threshold 9: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Impact GEO-6 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT HAS THE POTENTIAL TO IMPACT PALEONTOLOGICAL RESOURCES. HOWEVER, THIS IMPACT IS LESS THAN SIGNIFICANT WITH COMPLIANCE WITH EXISTING CITY GUIDELINES. As discussed in Section 4.7.1, Setting, Carlsbad is known to contain geological units with moderate or high paleontological sensitivity. Development facilitated by the project would involve excavation and grading, which would encounter paleontological resources in areas with moderate to high sensitivity. For projects located in areas underlain by sensitive geologic units, the Carlsbad Cultural Resource Guidelines require a review of primary literature and online databases, a paleontological assessment of the project area (plus a one-mile radius) by the San Diego Museum of Natural History, and a field survey to determine if paleontological resources or potentially fossiliferous sediments are present (if the sensitive sediments are exposed at the surface). The results of these analyses are used to create a Paleontological Assessment Report which will provide recommendations to mitigate impacts to paleontological resources, if necessary. Suggested mitigation measures are provided in the Carlsbad Cultural Resource Guidelines (City of Carlsbad 2017). Additionally, as concluded in the 2015 General Plan EIR, policies 7-P.7 through 7-P.11 of the Arts, History, Culture, and Education Element would reduce impacts to paleontological resources by implementing the Carlsbad Cultural Resource Guidelines; requiring monitoring of ground-disturbing activities in areas known to contain paleontological resources; and ensuring proper treatment and consultation of paleontological resources discovered during ground-disturbing activities. As concluded in the 2015 General Plan EIR, with compliance with these guidelines and General Plan policies, this impact would be less than significant. Mitigation Measures No mitigation measures are required because, like the 2015 General Plan EIR, this impact would be less than significant without mitigation. d. Cumulative Impacts Exposure to geologic hazards is site-specific. For example, development on one property would not increase exposure to hazards such as fault rupture and seismic shaking on another property, and therefore there would be no potential for cumulative impacts. Potential impacts to paleontological resources are also site-specific. Other hazards discussed in this chapter, such as soil erosion or loss of topsoil, are more cumulative in nature. For example, development on multiple properties in a watershed may combine to create a cumulative impact related to increased runoff and erosion from impervious surfaces. As discussed in this impact analysis, development on each of the 18 sites carried out under the project may increase the potential for seismic and soil hazards, but implementation of the policies contained in the project, combined with compliance with existing laws and regulations would reduce project-level impacts to a less than significant level. For all the reasons discussed above, the project would not make a substantial contribution to cumulative geology and soils and impacts would be less than cumulatively significant/cumulatively less than significant, as concluded in the 2015 General Plan EIR. Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-1 4.6 Greenhouse Gas Emissions This section analyzes the potential impacts of the project related to greenhouse gas emissions (GHG) and climate change. The analysis is based on the growth forecasts as described in Section 2, Project Description and Section 4.11, Population and Housing, as well as vehicle miles traveled (VMT) data provided by Fehr & Peers in Section 4.13, Transportation. Air quality impacts are discussed in Section 4.2, Air Quality. 4.6.1 Setting a. Climate Change and Greenhouse Gases Gases that absorb and re-emit infrared radiation in the atmosphere are called GHGs. The gases that are widely seen as the principal contributors to human-induced climate change include carbon dioxide (CO2); methane (CH4); nitrous oxides (N2O); fluorinated gases such as hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs); and sulfur hexafluoride (SF6). Water vapor is excluded from the list of GHGs because it is short-lived in the atmosphere and its atmospheric concentrations are largely determined by natural processes, such as oceanic evaporation. Different types of GHGs have varying global warming potentials (GWP). The GWP of a GHG is the potential of a gas or aerosol to trap heat in the atmosphere over a specified timescale (generally, 100 years). Because GHGs absorb different amounts of heat, a common reference gas (CO2) is used to relate the amount of heat absorbed to the amount of the gas emitted, referred to as “carbon dioxide equivalent” (CO2e), which is the amount of GHG emitted multiplied by its GWP. Carbon dioxide has a 100-year GWP of one. By contrast, methane has a 100-year GWP of 30, meaning its global warming effect is 30 times greater than CO2 on a molecule per molecule basis (United Nations Intergovernmental Panel on Climate Change [IPCC] 2021).1 GHGs are emitted by natural processes and human activities. Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities. Emissions of CO2 are usually by-products of fossil fuel combustion, and CH4 results from off-gassing associated with agricultural practices and landfills. Human-made GHGs, many of which have greater heat-absorption potential than CO2, include fluorinated gases and SF6 (United States Environmental Protection Agency [USEPA] 2022a). Climate change is the observed increase in the average temperature of the Earth’s atmosphere and oceans along with other substantial changes in climate (such as wind patterns, precipitation, and storms) over an extended period. The term “climate change” is often used interchangeably with the term “global warming,” but climate change is preferred because it conveys that other changes are happening in addition to rising temperatures. The baseline against which these changes are measured originates in historical records that identify temperature changes that occurred in the past, such as during previous ice ages. The global climate is changing continuously, as evidenced in the geologic record, which indicates repeated episodes of substantial warming and cooling. The rate of change has typically been incremental, with warming or cooling trends occurring over the course of thousands of years. The past 10,000 years have been marked by a period of incremental warming, as glaciers have steadily retreated across the globe. However, scientists have observed 1 The Intergovernmental Panel on Climate Change’s (2021) Sixth Assessment Report determined that methane has a GWP of 30. However, the 2022 Climate Change Scoping Plan published by the California Air Resources Board uses a GWP of 25 for methane, consistent with the Intergovernmental Panel on Climate Change’s (2007) Fourth Assessment Report. Therefore, this analysis utilizes a GWP of 25. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-2 acceleration in the rate of warming over the past 150 years. The IPCC expressed in their Sixth Assessment Report that the rise and continued growth of atmospheric CO2 concentrations is unequivocally due to human activities (IPCC 2021). Human influence has warmed the atmosphere, ocean, and land, which has led the climate to warm at an unprecedented rate in the last 2,000 years. It is estimated that between the period of 1850 through 2019, a total of 2,390 gigatons of anthropogenic CO2 was emitted. It is likely that anthropogenic activities have increased the global surface temperature by approximately 1.07 degrees Celsius between the years 2010 through 2019 (IPCC 2021). The accumulation of GHGs in the atmosphere regulates the earth’s temperature. Without the natural heat-trapping effect of GHGs, the earth’s surface would be about 33 degrees Celsius (°C) cooler (World Meteorological Organization 2013). However, since 1750, estimated concentrations of CO2, CH4, and N2O in the atmosphere have increased by 47 percent, 156 percent, and 23 percent, respectively, primarily due to human activity (IPCC 2021). GHG emissions from human activities, particularly the consumption of fossil fuels for electricity production and transportation, are believed to have elevated the concentration of these gases in the atmosphere beyond the level of concentrations that occur naturally. b. Greenhouse Gas Emissions Inventories Global Emissions Inventory Worldwide anthropogenic GHG emissions totaled 47,000 million metric tons (MT) of CO2e in 2015, which is a 43 percent increase from 1990 GHG levels (USEPA 2022a). Specifically, 34,522 million metric tons (MMT) of CO2e of CO2, 8,241 MMT of CO2e of CH4, 2,997 MMT of CO2e of N2O, and 1,001 MMT of CO2e of fluorinated gases were emitted in 2015. The largest source of GHG emissions were energy production and fuel use from vehicles and buildings, which accounted for 75 percent of the global GHG emissions. Agriculture uses and industrial processes contributed 12 percent and six percent, respectively. Waste sources contributed three percent and international transportation sources contributed two percent. These sources account for approximately 98 percent because there was a net sink of two percent from land-use change (including afforestation/reforestation and emissions removals by other land use activities) (USEPA 2022a). United States Emissions Inventory United States GHG emissions were 6,347.7 MT of CO2e in 2021 or 5,593.5 MT CO2e after accounting for sequestration. Emissions increased by 6.8 percent from 2020 to 2021. The increase from 2020 to 2021 reflects the was driven by an increase in CO2 emissions from fossil fuel combustion which increased 7 percent relative to previous years and is primarily due to the economic rebounding after the COVID-19 Pandemic. In 2020, the energy sector (including transportation) accounted for 81 percent of nationwide GHG emissions while agriculture, industrial and waste accounted for approximately 10 percent, 6 percent, and 3 percent respectively (USEPA 2023). California Emissions Inventory Based on the California Air Resource Board (CARB) California Greenhouse Gas Inventory for 2000- 2020, California produced 369.2 MT of CO2e in 2020, which is 35.3 MT of CO2e lower than 2019 levels. The 2019 to 2020 decrease in emissions is likely due in large part to the impacts of the COVID-19 pandemic. The major source of GHG emissions in California is the transportation sector, which comprises 37 percent of the state’s total GHG emissions. The industrial sector is the second Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-3 largest source, comprising 20 percent of the state’s GHG emissions while electric power accounts for approximately 16 percent. The magnitude of California’s total GHG emissions is due in part to its large size and large population compared to other states. However, a factor that reduces California’s per capita fuel use and GHG emissions as compared to other states is its relatively mild climate. In 2016, the state of California achieved its 2020 GHG emission reduction target of reducing emissions to 1990 levels as emissions fell below 431 MT of CO2e (CARB 2022a). The annual 2030 statewide target emissions level is 260 MT of CO2e (CARB 2022a). Local Emissions Inventory Based on the City of Carlsbad’s 2012 GHG Emissions Inventory, approximately 977,000 MT of CO2e in 2012 was generated in Carlsbad. Transportation was the major source accounting for 49.9 percent of the total, largely due to passenger vehicles, but also commercial trips and buses. Electricity was the second largest source of emissions at 30.8 percent. Natural gas usage represented 13.7 percent, and solid waste, off-road transportation, water, and wastewater sectors accounted for the remaining 5.6 percent of emissions (City of Carlsbad 2020a). c. Potential Effects of Climate Change Globally, climate change has the potential to affect numerous environmental resources through potential impacts related to future air temperatures and precipitation patterns. Scientific modeling predicts that continued GHG emissions at or above current rates would induce more extreme climate changes during the 21st century than were observed during the 20th century. Each of the past three decades has been warmer than all the previous decades on record, and the decade from 2000 through 2010 has been the warmest. The observed global mean surface temperature from 2015 to 2017 was approximately 1.0°C higher than the average global mean surface temperature over the period from 1880 to 1900 (National Oceanic and Atmospheric Administration 2020). Furthermore, several independently analyzed data records of global and regional Land-Surface Air Temperature obtained from station observations jointly indicate that Land-Surface Air Temperature and sea surface temperatures have increased. According to California’s Fourth Climate Change Assessment, statewide temperatures from 1986 to 2016 were approximately 0.6 to 1.1°C higher than those recorded from 1901 to 1960. Potential impacts of climate change in California may include reduced water supply from snowpack, sea level rise, more extreme heat days per year, larger forest fires, and more drought years (State of California 2018). In addition to statewide projections, California’s Fourth Climate Change Assessment includes regional reports that summarize climate impacts and adaptation solutions for nine regions of the state and regionally specific climate change case studies (State of California 2018). However, while there is growing scientific consensus about the possible effects of climate change at a global and statewide level, current scientific modeling tools are unable to predict what local impacts may occur with a similar degree of accuracy. A summary follows of some of the potential effects that could be experienced in California because of climate change. Air Quality Scientists project that the annual average maximum daily temperatures in California could rise by 2.4 to 3.2°C in the next 50 years and by 3.1 to 4.9°C in the next century (State of California 2018). Higher temperatures are conducive to air pollution formation, and rising temperatures could therefore result in worsened air quality in California. As a result, climate change may increase the concentration of ground-level ozone. The magnitude of the effect of the increased concentration of City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-4 ground-level ozone, and therefore its indirect effects, are uncertain. In addition, as temperatures have increased in recent years, the area burned by wildfires throughout the state has increased, and wildfires have occurred at higher elevations in the Sierra Nevada Mountains (State of California 2018). If higher temperatures continue to be accompanied by an increase in the incidence and extent of large wildfires, air quality could worsen. Severe heat accompanied by drier conditions and poor air quality could increase the number of heat-related deaths, illnesses, and asthma attacks throughout the state. However, if higher temperatures are accompanied by wetter, rather than drier conditions, the rains could tend to temporarily clear the air of particulate pollution, which would effectively reduce the number of large wildfires and thereby ameliorate the pollution associated with them (California Natural Resources Agency 2009). Water Supply Analysis of paleoclimatic data (such as tree-ring reconstructions of stream flow and precipitation) indicates a history of naturally and widely varying hydrologic conditions in California and the west, including a pattern of recurring and extended droughts. Uncertainty remains with respect to the overall impact of climate change on future precipitation trends and water supplies in California. Year-to-year variability in statewide precipitation levels has increased since 1980, meaning that wet and dry precipitation extremes have become more common (California Department of Water Resources 2018). This uncertainty regarding future precipitation trends complicates the analysis of future water demand, especially where the relationship between climate change and its potential effect on water demand is not well understood. The average early spring snowpack in the western U.S., including the Sierra Nevada Mountains, decreased by about 10 percent during the last century. During the same period, sea level rose over 0.15 meter along the central and southern California coasts (State of California 2018). The Sierra snowpack provides most of California's water supply as snow that accumulates during wet winters is released slowly during the dry months of spring and summer. A warmer climate is predicted to reduce the fraction of precipitation that falls as snow and the amount of snowfall at lower elevations, thereby reducing the total snowpack (State of California 2018). Projections indicate that average spring snowpack in the Sierra Nevada and other mountain catchments in central and northern California will decline by approximately 66 percent from its historical average by 2050 (State of California 2018). Hydrology and Sea Level Rise Climate change could affect the intensity and frequency of storms and flooding (State of California 2018). Furthermore, climate change could induce substantial sea level rise in the coming century. Rising sea level increases the likelihood of and risk from flooding. The rate of increase of global mean sea levels between 1993 to 2022, observed by satellites, is approximately 3.5 millimeters per year, double the twentieth century trend of 1.6 millimeters per year (World Meteorological Organization 2013; National Aeronautics and Space Administration 2022). Sea levels are rising faster now than in the previous two millennia, and the rise will probably accelerate, even with robust GHG emission control measures. Sea level rise may jeopardize California’s water supply due to saltwater intrusion and induce groundwater flooding and/or exposure of buried infrastructure (State of California 2018). Agriculture California has an over $50 billion annual agricultural industry that produces over a third of the country’s vegetables and two-thirds of the country’s fruits and nuts (California Department of Food Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-5 and Agriculture 2020). Higher CO2 levels can stimulate plant production and increase plant water- use efficiency. However, if temperatures rise and drier conditions prevail, certain regions of agricultural production could experience water shortages of up to 16 percent, which would increase water demand as hotter conditions lead to the loss of soil moisture. In addition, crop yield could be threatened by water-induced stress and extreme heat waves, and plants may be susceptible to new and changing pest and disease outbreaks (State of California 2018). Temperature increases could also change the time of year certain crops, such as wine grapes, bloom or ripen, and thereby affect their quality (California Climate Change Center 2006). Ecosystems Climate change and the potential resultant changes in weather patterns could have ecological effects on the global and local scales. Soil moisture is likely to decline in many regions because of higher temperatures, and intense rainstorms are likely to become more frequent. Rising temperatures could have four major impacts on plants and animals: timing of ecological events; geographic distribution and range of species; species composition and the incidence of nonnative species within communities; and ecosystem processes, such as carbon cycling and storage (Parmesan 2006; State of California 2018). 4.6.2 Regulatory Setting a. Federal Federal Clean Air Act On April 2, 2007, in Massachusetts v. EPA (549 U.S. 497 [2007]), the U.S. Supreme Court found GHGs are air pollutants covered by the Clean Air Act (CAA). The Court held the Administrator must determine whether GHG emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. On December 7, 2009, the Administrator signed two distinct findings regarding GHGs under Section 202(a) of the CAA:  Endangerment Finding: The Administrator finds the current and projected concentrations of six GHGs (CO2, CH4, N2O, HFCs, PFCs, and SF6) in the atmosphere threaten the public health and welfare of current and future generations.  Cause or Contribute Finding: The Administrator finds the combined emissions of these GHGs from new motor vehicles and new motor vehicle engines contribute to GHG pollution, which threatens public health and welfare. These findings do not themselves impose any requirements on industry or other entities. However, this action was a prerequisite for implementing GHG emission standards for vehicles (USEPA 2022b). In collaboration with the National Highway Traffic Safety Administration (NHTSA) and CARB, the USEPA developed emission standards for light-duty vehicles and heavy-duty vehicles (NHTSA et al. 2016; U.S. Government Publishing Office 2016). Federal Fuel Efficiency Standards (CAFE) Under the CAA, corporate average fuel economy (CAFE) standards have been set for passenger cars and light trucks. The State of California has traditionally had a waiver to set its own more stringent fuel efficiency standards. However, on August 2, 2018, the NHTSA and USEPA, operating under the City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-6 direction of the Trump Administration, proposed the Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule). This rule addresses emissions and fuel economy standards for motor vehicles and is separated in two parts as described below.  Part One, “One National Program” (84 Federal Register 51310), revokes a waiver granted by USEPA to the State of California under Section 209 of the CAA to enforce more stringent emission standards for motor vehicles than those required by USEPA for the explicit purpose of GHG reduction, and indirectly, criteria air pollutants and ozone precursor emission reduction. This revocation became effective on November 26, 2019, potentially restricting the ability of CARB to enforce more stringent GHG emission standards for new vehicles and set zero emission vehicle mandates in California.  Part Two addresses CAFE standards for passenger cars and light trucks for model years 2021 to 2026. This rulemaking proposed new CAFE standards for model years 2022 through 2026 and would amend existing CAFE standards for model year 2021. The proposal retained the model year 2020 standards (specifically, the footprint target curves for passenger cars and light trucks) through model year 2026. The proposal addressing CAFE standards was jointly developed by NHTSA and USEPA, with USEPA simultaneously proposing tailpipe CO2 standards for the same vehicles covered by the same model years. The USEPA and NTHSA published final rules to amend and establish national CO2 and fuel economy standards on April 30, 2020 (Part Two of the SAFE Vehicles Rule) (85 Federal Register 24174). On April 22, 2021, the Biden Administration formally proposed to roll back portions of the SAFE Rule, restoring California’s right to enforce more stringent fuel efficiency standards (NHTSA 2022). Most recently, on December 21, 2021, the NHTSA finalized rules to repeal the SAFE I Rule. The final rule concludes the SAFE I Rule overstepped the agency’s legal authority and established overly broad prohibitions that did not account for a variety of important state and local interests. The final rule ensures the SAFE I Rule will no longer form an improper barrier to states exploring creative solutions to address their local communities’ environmental and public health challenges (NHTSA 2022). b. State California Global Warming Solutions Act of 2006 (Assembly Bill 32, Senate Bill 32, and Assembly Bill 1279) The “California Global Warming Solutions Act of 2006,” (AB 32), outlines California’s major legislative initiative for reducing GHG emissions. AB 32 codifies the statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires CARB to prepare a Scoping Plan that outlines the main state strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of statewide GHG emissions. Based on this guidance, CARB approved a 1990 statewide GHG level and 2020 target of 431 MMT of CO2e, which was achieved in 2016. CARB approved the Scoping Plan on December 11, 2008, which included GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among others. CARB approved the 2013 Scoping Plan update in May 2014. The update defined the CARB’s climate change priorities for the next five years, set the groundwork to reach post-2020 statewide goals, and highlighted California’s progress toward meeting the “near-term” 2020 GHG emission reduction goals defined in the original Scoping Plan. Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-7 On September 8, 2016, the governor signed Senate Bill (SB) 32 into law, extending the California Global Warming Solutions Act of 2006 by requiring the state to further reduce GHG emissions to 40 percent below 1990 levels by 2030 (the other provisions of AB 32 remain unchanged). On December 14, 2017, CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 target. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations, such as the Cap-and-Trade Program, and implementation of recently adopted policies and legislation, such as SB 1383 and SB 100 (discussed below). The 2017 Scoping Plan also puts an increased emphasis on innovation, adoption of existing technology, and strategic investment to support its strategies (CARB 2017). AB 1279, “The California Climate Crisis Act,” was passed on September 16, 2022 and declares the State would achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. In addition, the bill states that the State would reduce GHG emissions by 85 percent below 1990 levels no later than 2045. The 2022 Scoping Plan lays out a path to achieve AB 1279 targets (CARB 2022a). The actions and outcomes in the 2022 Scoping Plan would achieve significant reductions in fossil fuel combustion by deploying clean technologies and fuels, further reductions in short-lived climate pollutants, support for sustainable development, increased action on natural and working lands to reduce emissions and sequester carbon, and the capture and storage of carbon. The 2022 Update assesses the progress California is making toward reducing its GHG emissions by at least 40 percent below 1990 levels by 2030, as called for in SB 32 and laid out in the 2017 Scoping Plan, addresses recent legislation and direction from Governor Newsom, extends and expands upon these earlier plans, and implements a target of reducing anthropogenic emissions to 85 percent below 1990 levels by 2045, as well as taking an additional step of adding carbon neutrality as a science-based guide for California’s climate work. As stated in the 2022 Update, “The plan outlines how carbon neutrality can be achieved by taking bold steps to reduce GHGs to meet the anthropogenic emissions target and by expanding actions to capture and store carbon through the state’s National Working Lands (NWL) and using a variety of mechanical approaches” (CARB 2022a). Specifically, the 2022 Update:  Identifies a path to keep California on track to meet its SB 32 GHG reduction target of at least 40 percent below 1990 emissions by 2030.  Identifies a technologically feasible, cost-effective path to achieve carbon neutrality by 2045 and a reduction in anthropogenic emissions by 85 percent below 1990 levels.  Focuses on strategies for reducing California’s dependency on petroleum to provide consumers with clean energy options that address climate change, improve air quality, and support economic growth and clean sector jobs.  Integrates equity and protecting California’s most impacted communities as driving principles throughout the document.  Incorporates the contribution of NWL to the state’s GHG emissions, as well as their role in achieving carbon neutrality.  Relies on the most up-to-date science, including the need to deploy all viable tools to address the existential threat that climate change presents, including carbon capture and sequestration, as well as direct air capture.  Evaluates the substantial health and economic benefits of taking action.  Identifies key implementation actions to ensure success. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-8 In addition to reducing emissions from transportation, energy, and industrial sectors, the 2022 Update includes emissions and carbon sequestration in NWL and explores how NWL contribute to long-term climate goals. Under the Scoping Plan Scenario, California’s 2030 emissions are anticipated to be 48 percent below 1990 levels, representing an acceleration of the current SB 32 target. Cap-and-Trade regulation continues to play a large factor in the reduction of near-term emissions for meeting the accelerated 2030 reduction target. Every sector of the economy will need to begin to transition in this decade to meet our GHG reduction goals and achieve carbon neutrality no later than 2045. The 2022 Update approaches decarbonization from two perspectives, managing a phasedown of existing energy sources and technologies, as well as increasing, developing, and deploying alternative clean energy sources and technology. Senate Bill 100 (100 Percent Clean Energy Act) Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the State’s Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. Senate Bill 375 (Sustainable Communities and Climate Protection Act) SB 375, signed in August 2008, enhances the State’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles by 2020 and 2035. In addition, SB 375 directs each of the state’s 18 major Metropolitan Planning Organizations to prepare a “sustainable communities strategy” (SCS) that contains a growth strategy to meet these emission targets for inclusion in the Regional Transportation Plan (RTP). On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035. San Diego Association of Governments (SANDAG) was assigned targets of a 15 percent reduction in GHGs from passenger vehicles by 2020 and a 19 percent reduction in GHGs from passenger vehicles by 2035 (CARB 2022b). Executive Order B-55-18 On September 10, 2018, Governor Brown issued Executive Order B-55-18, which established a new statewide goal of achieving carbon neutrality by 2045 and maintaining net negative GHG emissions thereafter. This goal is in addition to the existing statewide GHG reduction targets established by SB 32, SB 100, SB 375, and SB 1383. CARB Innovative Clean Transit Regulations In December 2018, CARB adopted the Innovative Clean Transit regulations, requiring all transit agencies to develop a plan to achieve zero emission bus fleets on or before 2040. Starting between 2023 and 2029, transit agencies must begin purchasing only zero-emission bus replacements and must have completed the fleet replacement program prior to 2040. California Code of Regulations Title 24 (California Building Code) The California Code of Regulations (CCR) Title 24 is referred to as the California Building Standards Code. It consists of a compilation of several distinct standards and codes related to building construction including plumbing, electrical, interior acoustics, energy efficiency, and handicap accessibility for persons with physical and sensory disabilities. The current iteration is the 2022 Title Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-9 24 standards. The California Building Standards Code’s energy-efficiency and green building standards are outlined below. Part 6 – Building Energy Efficiency Standards CCR Title 24, Part 6 is the Building Energy Efficiency Standards or California Energy Code. This code, originally enacted in 1978, establishes energy-efficiency standards for residential and non- residential buildings in order to reduce California’s energy demand. New construction and major renovations must demonstrate their compliance with the current Energy Code through submittal and approval of a Title 24 Compliance Report to the local building permit review authority and the California Energy Commission (CEC). The 2022 Title 24 standards are the applicable building energy efficiency standards for the proposed project because they became effective on January 1, 2023. Part 11 – California Green Building Standards The California Green Building Standards Code, referred to as CALGreen, was added to Title 24 as Part 11, first in 2009 as a voluntary code, which then became mandatory effective January 1, 2011 (as part of the 2010 California Building Standards Code). The 2022 CALGreen includes mandatory minimum environmental performance standards for all ground-up new construction of residential and non-residential structures. It also includes voluntary tiers with stricter environmental performance standards for these same categories of residential and non-residential buildings. Local jurisdictions must enforce the minimum mandatory CALGreen standards and may adopt additional amendments for stricter requirements. The mandatory standards require:  20 percent reduction in indoor water use relative to specified baseline levels;2  Waste Reduction:  Non-residential and multi-family dwellings with five or more units: Provide readily accessible areas identified for the depositing, storage and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastic, organic waste, and metals; and/or  Inspections of energy systems to ensure optimal working efficiency;  Low-pollutant emitting exterior and interior finish materials such as paints, carpets, vinyl flooring, and particleboards;  Electric Vehicle (EV) Charging for New Construction:3  One- and two-family dwellings and town houses with attached private garages: Dedicated circuitry to facilitate installation of electric vehicle (EV) charging;  Multi-family dwellings and hotels/motels with less than 20 units/rooms: Designation of at least 10 percent of the total number of parking spaces shall be EV capable and at least 25 percent of the total number of parking spaces shall be EV-ready; 2 Similar to the compliance reporting procedure for demonstrating Energy Code compliance in new buildings and major renovations, compliance with the CALGreen water-reduction requirements must be demonstrated through completion of water use reporting forms. Buildings must demonstrate a 20 percent reduction in indoor water use by either showing a 20 percent reduction in the overall baseline water use as identified in CALGreen or a reduced per-plumbing-fixture water use rate. 3 EV Capable = a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways to support EV charging; EV-ready = a vehicle space which is provided with a branch circuit and any necessary raceways to accommodate EV charging stations, including a receptacle for future installation of a charger (see 2022 California Green Building Standard Code, Title 24 Part 11 for full explanation of mandatory measures, including exceptions). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-10  Multi-family dwellings and hotels/motels with greater than 20 units/rooms: Designation of at least 10 percent of the total number of parking spaces shall be EV capable, at least 25 percent of the total number of parking spaces shall be EV-ready, and at least 5 percent of the total number of parking spaces shall be equipped with a Level 2 charging station;  Hardscape areas: minimum No. 10 container size or equal shall be installed to provide shade of 20 percent of the landscape area within 15 years (unless covered by applicable shade structures and/or solar or the marked area is for organized sports activities). The voluntary standards require:  Deconstruct existing buildings and reuse applicable salvaged materials;  Residential – Cool Roofs: have a thermal mass over the roof membrane, including green roofs weighing a minimum of 25 pounds per square foot or roof areas covered by solar photovoltaic panels and building integrated solar thermal panels;  Residential – Reduce nonroof heat island for 50 percent of sidewalks, patios, driveways or other paved areas;  One- and two-family dwelling units and townhouses with attached garages: install a dedicated 208/250-volt branch circuit for EV charging;  Residential Bicycle Parking:  Surface parking: minimum No. 10 container size or equal shall be installed to provide shade over 50 percent of the parking within 15 years (unless parking area covered by appropriate shade structures and/or solar);  Multi-family/hotel/motel short-term parking: provide permanently anchored bicycle racks within 100 feet of visitor’s entrance for 5 percent of visitor motorized vehicle parking capacity (minimum one 2-bike capacity rack);  Multi-family buildings long-term parking: provide acceptable on-site bicycle parking for at least one bicycle per every two dwelling units; and/or  Hotel/motel long-term parking: provide one acceptable on-site bicycle parking space for every 25,000 square feet but not less than two spaces;  Tier I:  Stricter energy efficiency requirements;  Stricter water conservation requirements for specific fixtures;  minimum 65 percent reduction in construction waste with third-party verification, Minimum 10 percent recycled content for building materials;  Minimum 20 percent permeable paving;  Minimum 20 percent cement reduction;  Multi-family developments/hotels/motels: minimum 35 percent of total parking spaces shall be EV ready and for projects with 20 or more dwelling units/rooms a minimum of 10 percent of the total number of parking spaces shall be equipped with EV charging stations.  Tier II:  Stricter energy efficiency requirements,  Stricter water conservation requirements for specific fixtures;  Minimum 75 percent reduction in construction waste with third-party verification,  Minimum 15 percent recycled content for building materials; Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-11  Minimum 30 percent permeable paving;  Minimum 25 percent cement reduction; and/or  Multi-family developments/hotels/motels: minimum 40 percent of total parking spaces shall be EV ready and for projects with 20 or more dwelling units/rooms, a minimum of 15 percent of the total number of parking spaces shall be equipped with EV charging stations. Assembly Bill 341/Assembly Bill 1826 (Mandatory Recycling/Composting) The California Integrated Waste Management Act of 1989, as modified by AB 341, requires each jurisdiction’s source reduction and recycling element to include an implementation schedule that shows diversion away from landfills of 75 percent of all solid waste by 2020 and annually thereafter. AB 1826 requires recycling of organic waste (i.e., composting). All businesses and public entities that generate four or more cubic yards of solid waste per week and multi-family residential dwellings that have five or more units are required to recycle and compost. California Model Water Efficient Landscape Ordinance The revised Model Water Efficient Landscape Ordinance became effective on December 15, 2015. New development that includes landscaped areas of 500 square feet or more are subject to the following revised ordinance requirements:  More efficient irrigation systems  Incentives for graywater usage  Improvements in on-site stormwater capture  Limiting the portion of landscape that can be planted with high water use plants  Reporting requirements for local agencies. Clean Energy, Jobs, and Affordability Act of 2022 (Senate Bill 1020) Adopted on September 16, 2022, SB 1020 creates clean electricity targets for eligible renewable energy resources and zero-carbon resources to supply 90 percent of retail sale electricity by 2035, 95 percent by 2040, 100 percent by 2045, and 100 percent of electricity procured to serve all state agencies by 2035. This bill shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling. c. Regional and Local City of Carlsbad Climate Action Plan The City of Carlsbad Climate Action Plan (CAP) was adopted in September 2015 and amended in May 2020. The plan identified GHG emissions targets for the years 2020 and 2035; established a communitywide emissions inventory and forecasts; and included measures to reduce GHG emissions in the areas of energy efficiency, renewable energy, transportation, and water conservation (City of Carlsbad 2020a). Through implementation of the existing CAP, the city surpassed its 2020 GHG reduction targets established by AB 32. The following 2020 CAP goals and measures would be applicable to GHG impacts resulting from the proposed project (SANDAG 2021): Measure J: New Construction Residential and Commercial Solar Water Heater Installation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-12 Goal: Install solar water heaters or heat pumps on all new residential and commercial construction. Retrofit up to 30 percent of existing homes and commercial buildings to include solar water heaters or heat pumps. Measure L: Promote an Increase in the Amount of Zero-Emissions Vehicle Travel. Goal: Promote an increase in the amount of ZEV miles traveled from a projected 4.5 percent to 25 percent of total vehicle miles traveled by 2035. Measure N: Reduce GHG Intensity of Water Utilities Supply Conveyance, Treatment, and Distribution. Goal: Reduce the intensity of GHG emissions from water utilities (including water supply, wastewater, and recycle water) conveyance, treatment, and distribution by 8 percent by 2035. The city is currently in the process of updating the CAP to better align with updated state targets and further pursue the community’s goal of promoting a sustainable environment. The updated CAP will include revisions to current GHG reduction measures, evaluation of existing GHG reduction targets and forecasts, and expanded implementation monitoring procedures. City of Carlsbad Landscape Manual The City of Carlsbad adopted its Landscape Manual in February 2016 which outlines policies and requirements for landscaping and provides guidance for the implementation of CMC Chapter 18.50, Water Efficient Landscape Ordinance. Policies within the Landscape Manual are related to sustainability, water conservation, planting, irrigation, streetscape, fire protection, and soil revegetation or erosion control (City of Carlsbad 2016). City of Carlsbad Sustainable Mobility Plan The City of Carlsbad Sustainable Mobility Plan (SMP) presents recommendations for reducing vehicle miles traveled, mitigating the impacts of growth and development, and shifting how residents get around the city away from private automobiles toward modes that are more livable, cleaner and healthier. The SMP outlines programs and treatments designed to make transit more convenient, promote walkways and bikeways for short and routine trips, reduce vehicular congestion, and improve safety and reduce emissions consistent with the city’s CAP. Proposed mobility programs in the SMP include Cycling Education, the Carlsbad Safe Routes to School Program, the Carlsbad Transportation Demand Management Program, and the Carlsbad Active Transportation Monitoring Program (City of Carlsbad 2020b). Carlsbad General Plan The City of Carlsbad General Plan Update was adopted in 2015 and contains goals, policies, and actions aimed at guiding future growth within the city. Goals and policies pertaining to reduction of greenhouse gas emissions and included in the General Plan Land Use and Community Design Element; Open Space, Conservation, and Recreation Element; and Sustainability Element are as follows (City of Carlsbad 2015): Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-13 Land Use and Community Design Element Policy 2-G.2 Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities. Policy 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. Policy 2-G.6 Allow a range of mixed-use centers in strategic locations that maximize access to commercial services from transit and residential areas. Open Space, Conservation, and Recreation Element Policy 4-P.52 Participate in the implementation of transportation demand management programs on a regional basis. Policy 4-P.54 Provide, whenever possible, incentives for carpooling, flex-time, shortened work weeks, and telecommunications and other means of reducing vehicular miles traveled. Sustainability Element Policy 9-G.2 Undertake initiatives to enhance sustainability by reducing the community’s greenhouse gas emissions and fostering green development patterns—including buildings, sites, and landscapes. Policy 9-G.3 Promote energy efficiency and conservation in the community. Policy 9-P.1 Enforce the Climate Action Plan as the city’s strategy to reduce greenhouse gas emissions. Policy 9-P.2 Continue efforts to decrease use of energy and fossil fuel consumption in municipal operations, including transportation, waste reduction and recycling, and efficient building design and use. Policy 9-P.13 Use the city’s Climate Action Plan as the platform for delineating and implementing measures to improve energy conservation, and increase renewable energy use (such as solar) in existing and new development. SANDAG 2021 Regional Plan The 2021 Regional Plan is the most recent plan adopted by SANDAG, and it builds upon the goals, policies, and forecasts of preceding plans. However, the 2021 Regional Plan is currently being amended to not include the regional road usage charge and the draft environmental document is anticipated for release mid-2023. The plan combines the Regional Transportation Plan, SCS, and Regional Comprehensive Plan. As such, the plan demonstrates that the SANDAG region can achieve emissions reductions consistent with targets set forth by SB 375. GHG reductions achieved through development consistent with the 2021 Regional Plan would result in corresponding reductions in energy consumption in the region. The 2021 Regional Plan sets forth a long-term blueprint for the San Diego region that seeks to meet regulatory requirements, address traffic congestion, and create City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-14 equal access to jobs, education, healthcare, and other community resources. The 2021 Regional Plan polices are built around three core strategies (SANDAG 2021):  Invest In a Reimagined Transportation System. Build a network and fund services that include multimodal roadways; an expanded network of fast, frequent, and low-cost transit; 21st century technology that manages the entire transportation system and connects people to on-demand services; and zero-emissions options for vehicles and micromobility.  Incentivize Sustainable Growth and Development. Collaborate with local jurisdictions and fund programs to accelerate housing production while also addressing equity, climate resilience, and mobility.  Implement Innovative Demand and System Management. Reduce solo driving and congestion through increased remote work, carsharing, vanpooling, pricing strategies and parking management programs that leverage partnerships and technology. 4.6.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds Appendix G of the CEQA Guidelines state that a project may have a significant adverse impact if it would: Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; and/or Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The issue of climate change typically involves an analysis of whether or not a project’s contribution towards an impact is cumulatively considerable. Cumulatively considerable means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects (CEQA Guidelines Section 15064[h][1]). CEQA Guidelines Section 15064.4 recommends that lead agencies quantify GHG emissions and consider several other factors that may be used in the determination of significance of GHG emissions from a project, including the extent to which the project may increase or reduce GHG emissions; whether a project exceeds an applicable significance threshold; and the extent to which the project complies with regulations or requirements adopted to implement a plan for the reduction or mitigation of GHG emissions. CEQA Guidelines Section 15064.4 does not establish a threshold of significance. Lead agencies have the discretion to establish significance thresholds for their respective jurisdictions, and in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies, or suggested by other experts, as long as any threshold chosen is supported by substantial evidence (CEQA Guidelines Section 15064.7[c]). According to CEQA Guidelines Section 15183.5, projects can tier off of a qualified GHG reduction plan, which allows for project-level evaluation of GHG emissions through comparison of the project’s consistency with the GHG reduction policies included in a qualified GHG reduction plan, such as the CAP. This approach is considered by the Association of Environmental Professionals 1. 2. Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-15 [AEP] (2016) in its white paper, Beyond Newhall and 2020, to be the most defensible approach presently available under CEQA to determine the significance of a project’s GHG emissions. The City of Carlsbad’s current 2020 CAP is a qualified GHG reduction plan, because it demonstrates achievement of the State’s 2030 target under SB 32. The City of Carlsbad CAP contains a project- level screening threshold of 900 MT CO2e per year; projects that do not exceed this amount would not contribute considerably to cumulative climate change impacts, and therefore would demonstrate consistency with the CAP. Projects that exceed 900 MT CO2e would need be evaluated using the CAP Consistency Checklist to demonstrate consistency with the CAP and determine if the project would result in significant impacts related to GHG emissions. However, given the plan-level nature of the proposed project, the CAP’s screening threshold would not be suitable for this analysis. Therefore, GHG emissions associated with project implementation are discussed qualitatively. In addition, the proposed project is evaluated based on consistency with the 2022 Scoping Plan, SANDAG 2021 Regional Plan, and City of Carlsbad General Plan for the purposes of reducing GHG emissions and mitigating the effects of climate change. GHG emissions from the construction and operation of the proposed project are provided for informational purposes. Methodology The focus of this analysis and the estimate of GHG emissions are limited to only those potential emissions that would result from net new buildout of the project, which includes VMT modeling for Carlsbad. While emissions generated in Carlsbad, such as those emissions generated by businesses or individual operations, may contribute to GHG emissions globally, only those emissions that may change under project implementation are included in this SEIR as a reasonable approach to estimate GHG impacts of the project. To calculate GHG emissions for informational purposes, the California Emissions Estimator Model (CalEEMod) version 2022.1 was used to estimate GHG emissions associated with the project. Calculations of CO2, CH4, and N2O emissions are provided to identify the magnitude of potential project effects related to GHG emissions. The analysis focuses on CO2, CH4, and N2O because these comprise 98 percent of all GHG emissions by volume and are the GHG emissions the proposed project would emit in the largest quantities (IPCC 2021). Emissions of all GHGs are converted into their equivalent GWP in terms of CO2 (i.e., CO2e). Minimal amounts of other GHGs (such as chlorofluorocarbons [CFCs]) would be emitted; however, these other GHG emissions would not substantially add to the total. Short-term Emissions The California Air Pollution Control Officer Association (CAPCOA) does not discuss whether any of the suggested threshold approaches adequately address impacts from temporary construction activity. As stated in the CEQA and Climate Change white paper, “more study is needed to make this assessment or to develop separate thresholds for construction activity.” (CAPCOA, 2008). In addition, the City of Carlsbad has not identified any construction-related GHG emissions thresholds. Construction-related emissions are speculative at the plan level because such emissions are dependent on the characteristics of individual development projects. However, because construction associated with development envisioned by the proposed project would generate temporary GHG emissions (primarily due to the operation of construction equipment and truck trips), a qualitative analysis is provided below. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-16 Long-term Emissions Long term emissions were analyzed quantitatively using the methodologies and assumptions presented in Section 4.2.2 (c), Air Quality Methodology. In the absence of an applicable quantitative threshold, emissions are presented for informational purposes, and the proposed project’s operational impacts are discussed qualitatively. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts related to GHG emissions would be less than significant with implementation of the City of Carlsbad CAP. It determined that growth facilitated by the General Plan would generate greenhouse gas emissions both directly and indirectly, however such emissions would result in a less than significant impact. Additionally, the 2015 General Plan EIR found that buildout under the General Plan would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The proposed project involves development on sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to GHG. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts related to GHG would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment? Threshold 2: Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Impact GHG-1 NEW RESIDENTIAL DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD GENERATE TEMPORARY AND LONG-TERM INCREASES IN GHG EMISSIONS. BECAUSE THE PROPOSED PROJECT INCLUDES ADDITIONAL HOUSING NOT INCLUDED IN FORECASTING OR REDUCTION GOALS IN THOSE PLANS, THE PROPOSED PROJECT WOULD CONFLICT WITH THE GHG EMISSIONS GOALS OF THE CITY OF CARLSBAD CLIMATE ACTION PLAN AND 2015 GENERAL PLAN. THIS IMPACT WOULD BE SIGNIFICANT AND UNAVOIDABLE. Consistency with Applicable Plans and Policies City of Carlsbad Climate Action Plan The City of Carlsbad CAP outlines goals, strategies, and actions for reducing emissions and combating climate change. The CAP ensures that Carlsbad does its part to contribute to the goals of AB 32 and its successor legislation, SB 32, to reduce its GHG emissions to 1990 levels by 2020, and to 40 percent below 1990 by 2030. The horizon year for this CAP is 2035, corresponding with the General Plan buildout year. The CAP uses a linear trajectory in emissions reductions between 2030 Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-17 and 2050 to determine the 2035 target, approximately 52 percent below 2012 baseline. The CAP’s GHG reduction measures describe goals, amount of reduction in 2035, and actions to meet the target levels, and include but are not limited to the following:  Commercial and industrial photovoltaic systems  Single-family, multi-family and commercial efficiency retrofits  Solar water heater/heat pump installation  Efficient lighting standards  Increased zero-emissions vehicle travel  Transportation Demand Management (TDM)  Citywide renewable projects  Water delivery and conservation The proposed project would be consistent with the applicable measures, as stated in the Regulatory Setting section, by complying with existing General Plan policies (such as Policies 9-G.2, 9-G.3, 9-P.1, 9-P.2, and 9-P.13), and the latest Title 24 Green Building Code and Building Efficiency Energy Standards. Such policies would be consistent with requirements contained in the 2022 Title 24 standards, such as installing photovoltaic systems and energy-efficient LED lighting, water-efficient faucets and toilets, water efficient landscaping and irrigation, and recycling. In addition, future projects would be required to install electric vehicle charging stations consistent with the 2022 CALGreen Standards for new residential construction. Development facilitated by the project would be served by San Diego Gas & Electric or Clean Energy Alliance, both of which are required to increase their renewable energy procurement in accordance with SB 100 targets. However, the proposed project represents an increase in housing units that were not accounted for in the CAP, and thus GHG emissions from the proposed project were not accounted for in the CAP analysis. Therefore, the targets and measures in the existing CAP do not take into account the growth accommodated by the proposed project and thus the proposed project would not be consistent with the existing City of Carlsbad CAP. Carlsbad General Plan The 2015 General Plan provides a consistent framework for land use and development decisions consistent with an established community vision. As the equivalent of a local “constitution” for land use and development, the General Plan’s diagrams, goals, and policies form the basis for the city’s zoning, subdivision, and infrastructure decisions. The proposed project would comply with the latest Title 24 Energy Standards that reduce wasteful, expensive, inefficient or unnecessary use of energy. In addition, Title 24 Energy Standards would increase the indoor water use efficiency and use of indoor water-efficient irrigation systems for the proposed developments. Compliance with Title 24 Energy Standards would ensure that the proposed project is consistent with General Plan Sustainability Element goals 9-G.2 and 9-G.3, in addition to policies 9-P.2 and 9-P.13, which promote energy efficiency, reductions in community GHG emissions, and increased renewable energy use in new development. Development facilitated by the proposed project would include bicycle and electric vehicle parking consistent with the 2022 CALGreen Standards for new residential construction, which would contribute to a reduction in vehicle use and subsequent mobile source emissions. The proposed project would also accommodate higher density development and aims to pursue an infill development strategy, which would provide connectivity to mixed land uses and support alternative City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-18 modes of transportation. The emphasis of the proposed project on infill development and multimodal transportation would reduce GHG emissions per capita and ensure consistency with General Plan policies 2-G.2, 2-G.3, and 2-G.4, which promote strategic infill development and integration with existing land uses. However, the proposed project represents an increase in housing units that were not accounted for in the 2015 General Plan and GHG emissions from the proposed project were not accounted for in the existing CAP analysis. The exiting CAP was updated with the 2015 General Plan, and the 2015 General Plan EIR found that implementation of the CAP was needed to reduce GHG impacts resulting from implementation of the General Plan. Therefore, because the proposed project was not accounted for in the CAP analysis, the proposed project would not be consistent with the General Plan until the CAP is updated. 2022 Scoping Plan The principal state plan to monitor and regulate GHGs is AB 32, the California Global Warming Solutions Act of 2006, which was followed by SB 32. The quantitative goal of AB 32 was to reduce GHG emissions to 1990 levels by 2020. According to CARB, California achieved its 2020 GHG emission reduction target in 2016. The goal of SB 32 is to reduce GHG emissions to 40 percent below 1990 levels by 2030. Pursuant to SB 32, the Scoping Plan was created to outline goals and measures for the state to achieve the reductions, the latest iteration of which is the 2022 Scoping Plan. The 2022 Scoping Plan focuses on outcomes needed to achieve carbon neutrality by assessing paths for clean technology, energy deployment, natural and working lands, and others, and is designed to meet the state’s long-term climate objectives and support a range of economic, environmental, energy security, environmental justice, and public health priorities. The project would be consistent with these goals through project design, which includes complying with the latest Title 24 Green Building Code and Building Efficiency Energy Standards (as applicable). Therefore, the project would not conflict with the 2022 Scoping Plan. SANDAG: 2021 Regional Plan SANDAG adopted the 2021 Regional Plan on December 10, 2021, which serves as the Regional Comprehensive Plan and SCS for the region. The 2021 Regional Plan provides a long-term blueprint for the San Diego region that seeks to meet regulatory requirements, address traffic congestion, and create equal access to jobs, education, healthcare, and other community resources. The plan is the result of years of planning, data analysis, and community engagement to reimagine the San Diego region with a transformative transportation system, a sustainable pattern of growth and development, and innovative demand and management strategies. One of the main goals of the 2021 Regional Plan is for healthy air and reduced GHG emissions. According to the 2021 Regional Plan, reducing our reliance on the automobile as a primary mode of transportation requires that safe, affordable, and convenient alternatives are available. It also requires that people can access their jobs and other destinations by taking shorter trips. This can be achieved by focusing growth and development in the region’s urbanized areas, where there are existing and planned transportation options. The 2021 Regional Plan reduces per capita GHG emissions from cars and light-duty trucks to 20 percent below 2005 levels by 2035, exceeding the region’s state-mandated target of 19 percent. As discussed in Section 4.13, Transportation, the proposed project would result in decreased VMT rates compared to a No Project condition, reflecting the benefits that increased density of residential land uses have on reducing VMT per capita. Additionally, policies 3-P.1 through 3-P.5, 3- Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-19 P.8, 3-P.16, 3-P.17, 3-P.19, 3-P.20, and 3-P.22 through 3-P.37 from the 2015 General Plan would discourage use of single occupancy vehicles and support multi-modal transportation, similar to the 2015 General Plan EIR. Therefore, compliance with 2015 General Plan policies would result in reduced VMT per capita, further reducing GHG emissions from mobile sources per capita (see Section 4.13, Transportation). Therefore, the project would implement policies and design features which would result in VMT per capita reductions and advance the goals contained in the 2021 Regional Plan. Therefore, the project would not conflict with the 2021 Regional Plan. GHG Emissions Total GHG emissions for the 18 sites are provided below for informational purposes. Operation of future development under the proposed project would generate GHG emissions associated with area sources, energy and water usage, vehicle trips, and wastewater and solid waste generation. Table 4.6-1 shows the estimated operational GHG emissions associated with full buildout of 3,295 units for future development under the proposed project. As shown therein, annual emissions from the proposed project would be approximately 36,735 MT of CO2e per year. The total GHG emissions from the proposed project would represent approximately 0.01 percent and 4 percent of the California and City of Carlsbad 2012 GHG emissions inventories, respectively (inventories are discussed under Section 4.6.1b). Table 4.6-1 Combined Annual Emissions of Greenhouse Gases Emission Source Annual Emissions (MT CO2e) Operational Area 5,015 Energy 3,987 Mobile 26,775 Solid Waste 690 Water, Wastewater 265 Refrigerants 4 Total 36,735 MT CO2e = metric tons of carbon dioxide equivalent Source: Appendix B CalEEMod worksheets. Summary The plan consistency analysis provided above demonstrates that the project generally complies with the plans, policies, regulations and GHG reduction actions/strategies outlined in City of Carlsbad CAP, 2022 Scoping Plan and SANDAG 2021 Regional Plan, and City of Carlsbad General Plan. The project would be largely consistent with the measures in the Carlsbad CAP and the policies related to GHG emissions reductions in the City of Carlsbad General Plan. However, as the project would result in an increase in housing units that were not accounted for in the CAP analysis, which included setting emissions reductions targets and identifying measures to meet the targets, the proposed project would conflict with applicable plans, policies, and measures an agency adopted for the purpose of reducing emissions of GHG emissions. Impacts would be potentially significant. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-20 Mitigation Measures The following mitigation measure is required. GHG-1 Update City of Carlsbad Climate Action Plan The city shall draft and present to City Council for adoption an updated Climate Action Plan (CAP) within 12-18 months of adoption of this SEIR. An updated CAP shall include targets that reflect those set by SB 32 to reduce GHG emissions by 40 percent below the 1990 levels by 2030 and AB 1279 to reduce GHG emissions by 85 percent below 1990 levels by 2045. Implementation measures in an updated CAP to achieve the 2030 and 2045 targets shall include measures such as, but are not limited to, the following:  Develop and adopt an updated building energy efficiency ordinance, or “reach code,” for existing and proposed structures;  Expand charging infrastructure and parking for electric vehicles;  Implement carbon sequestration by expanding the urban forest; and,  Implement policies and measures included in the 2022 California Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations. As part of the updated CAP, the city shall establish CEQA GHG Emissions Thresholds of Significance and an updated CAP Consistency Checklist that are consistent with the updated Carlsbad CAP for use in future CEQA GHG emissions analyses through 2030 and consistent with SB 32. In addition, upon completion of future CAP updates and as necessary, the city shall update the CEQA GHG emissions thresholds of significance and CAP Consistency Checklist to be consistent with each CAP update. Significance After Mitigation Implementation of Mitigation Measure GHG-1 would ensure that the updated City of Carlsbad CAP includes the additional housing units included in the proposed project within its forecasts and emissions reduction goals and would ensure that development facilitated by the project after the CAP is updated would be consistent with State emissions goals. However, individual projects that may occur prior to the adoption of the updated CAP would not be guaranteed to be consistent with State emissions goals. Until the updated CAP and any emission thresholds or updated checklists are adopted, implementation of the proposed project would not be consistent with State GHG reduction plans. If and when the city’s CAP is in accordance with statewide emissions targets and accounting for growth under the proposed project, this impact may be reduced to less than significant. Therefore, until the city updates the CAP in accordance with Mitigation Measure GHG-1, the project’s impacts related to GHG emissions would be significant and unavoidable. d. Cumulative Impacts GHG and climate change are, by definition, cumulative impacts. The geographic scope for considering cumulative impacts related to GHG emissions is the state of California. Although GHG emissions have worldwide repercussions, the contribution of the project to the impact is addressed in light of the goals for reducing statewide emissions. Environmental Impact Analysis Greenhouse Gas Emissions Supplemental Environmental Impact Report 4.6-21 Statewide GHG emissions are an existing significant cumulative impact. As such, the state has established the following statewide emissions reductions targets:  By 2020, reduce GHG emissions to 1990 levels.  By 2030, reduce GHG emissions to 40 percent below 1990 levels.  By 2045, reduce GHG emissions to 85 percent below 1990 levels. GHG impacts are assessed in a cumulative context since no single project can cause a discernible change to the climate. Therefore, cumulative significance is based on the same thresholds as the proposed project. In the absence of an adopted numeric threshold for the City of Carlsbad, the significance of the project’s GHG emissions is based on plan compliance with the City of Carlsbad CAP. In addition, consistency with applicable plans, policies, regulations, and requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. GHG emissions from the construction and operation of the proposed project are provided for informational purposes. For this project, the most directly applicable adopted regulatory plans to reduce GHG emissions are the City of Carlsbad CAP, 2022 Scoping Plan, SANDAG 2021, and City of Carlsbad General Plan. As discussed in Impact GHG-1, the proposed project would implement energy and water conservation measures consistent with the latest Title 24 Building Energy Efficiency Standards (Part 6) and Green Building Standards (Part 11), aligned with statewide, regional, and local plans. The proposed project’s objectives include development on compact infill sites and higher density development that would improve connectivity of land uses and promote the use of alternative modes of transportation. In addition, the project would implement bicycle and electric vehicle charging parking spaces consistent with the 2022 CALGreen Standards, which would potentially reduce the reliance of single motor vehicles. However, until the updated CAP is adopted, implementation of the project would not be consistent with applicable GHG reduction plans. As such, impacts from the project’s GHG emissions would be significant and unavoidable, and the project would represent a cumulatively considerable impact related to GHG emissions. Therefore, the cumulative impact related to GHG emissions would be significant and unavoidable. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.6-22 This page intentionally left blank. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-1 4.7 Hazards and Hazardous Materials This section evaluates the potential impacts relating to hazards and hazardous materials impacts associated with implementation of the proposed project. Potential hazards associated with wildland fires are discussed in Section 4.15, Wildfire. 4.7.1 Setting a. Hazardous Materials The term “hazardous material” has different definitions for different regulatory programs. For the purpose of this SEIR, the term “hazardous materials” refers to both hazardous materials and hazardous waste. The California Health and Safety Code Section 25501(n)(1) defines a hazardous material as any material that “because of its quantity, concentrations, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.” Hazardous materials include but are not limited to hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment. A material is hazardous if it exhibits one or more of the following characteristics: toxicity, ignitability, corrosivity, and reactivity. These types of hazardous materials are defined below:  Toxic Substances. Toxic substances may cause short-term or long-lasting health effects, ranging from temporary effects to permanent disability, or even death. For example, such substances can cause disorientation, acute allergic reactions, asphyxiation, skin irritation, or other adverse health effects if human exposure exceeds certain levels (the level depends on the substances involved and is chemical-specific). Carcinogens, substances that can cause cancer, are a special class of toxic substances. Examples of toxic substances include benzene (a component of gasoline and suspected carcinogen) and methylene chloride (a common laboratory solvent and a suspected carcinogen).  Ignitable Substances. Ignitable substances are hazardous because of their ability to burn. Gasoline, hexane, and natural gas are examples of ignitable substances.  Corrosive Materials. Corrosive materials can cause severe burns. Corrosives include strong acids and bases such as sodium hydroxide (lye) or sulfuric acid (battery acid).  Reactive Materials. Reactive materials may cause explosions or generate toxic gases. Explosives, pure sodium or potassium metals (which react violently with water), and cyanides are examples of reactive materials. Soil and groundwater can become contaminated by hazardous material releases in a variety of ways, including permitted or illicit use and accidental or intentional disposal or spillage. Before the 1980s, most land disposal of chemicals was unregulated, resulting in numerous industrial properties and public landfills becoming dumping grounds for unwanted chemicals. The largest and most contaminated of these sites became Superfund sites, so named for their eligibility to receive cleanup money from a federal fund established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The National Priorities List (NPL) is the list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories. The NPL is intended primarily to City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-2 guide the USEPA in determining which sites warrant further investigation. Sites are added to the NPL following a hazard ranking system. Numerous smaller properties have been designated as contaminated sites. Often these are gas station sites where leaking underground storage tanks (LUST) were upgraded under a federal requirement in the late 1980s. Another category of sites that may have some overlap with the types already mentioned is “brownfields” – previously used, often abandoned, sites that due to actual or suspected contamination are undeveloped or underused. Both the USEPA and California Department of Toxic Substances Control (DTSC) maintain lists of known brownfields sites. These sites are often difficult to inventory due to their owners’ reluctance to publicly label their property as potentially contaminated. Asbestos Containing Materials Asbestos is a naturally occurring fibrous material that was widely used in structures built between 1945 and 1978 for its fireproofing and insulating properties. Asbestos-containing materials (ACM) were banned by USEPA between the early 1970s and 1991 under the authority of the CAA and the Toxic Substances Control Act (TSCA) due to their harmful health effects. Exposure to asbestos increases risk of developing lung disease, such as lung cancer, mesothelioma, or asbestosis (USEPA 2023a). Common ACMs include vinyl flooring and associated mastic, wallboard and associate joint compound, plaster, stucco, acoustic ceiling spray, ceiling tiles, heating system components, and roofing materials. Pre-1973 structures are affected by asbestos regulations if damage occurs, or if remodeling, renovation, or demolition activities disturb ACMs. Lead and Lead-Based Paint Lead is a naturally occurring metallic element. Because of its toxic properties, lead is regulated as a hazardous material. Excessive exposure to lead can result in the accumulation of lead in the blood, soft tissues, and bones. Children are particularly susceptible to potential lead-related health problems because it is easily absorbed into developing systems and organs. Lead can affect almost every organ and system in the body. In children, lead can cause behavior and learning problems, lower IQ and hyperactivity, hearing problems, and anemia. In adults, lead can cause cardiovascular effects, decreased kidney function, and reproductive problems. In addition, lead can result in serious effects to the developing fetus and infant for pregnant women (USEPA 2023b). Among its numerous uses and sources, lead can be found in paint, water pipes, solder in plumbing systems, and in soils surrounding buildings and structures that are painted with lead-based paint (LBP). LBP was primarily used during the same time period as ACMs. Pre-1978 structures are affected by LBP regulations if the paint is in a deteriorated condition or if remodeling, renovation, or demolition activities disturb LBP surfaces. Polychlorinated Biphenyls Polychlorinated biphenyls (PCB) belong to a broad family of man-made organic chemicals known as chlorinated hydrocarbons. PCBs were domestically manufactured from 1929 until manufacturing was banned in 1979. They have a range of toxicity and vary in consistency from thin, light-colored liquids to yellow or black waxy solids. Due to their non-flammability, chemical stability, high boiling point and electrical insulating properties, PCBs were used in hundreds of industrial and commercial applications. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-3 b. Existing Conditions Hazardous Materials Sites The locations where hazardous materials are used, stored, treated and/or disposed of comes to the attention of regulatory agencies through various means, including licensing and permitting, enforcement actions, and anonymous tips. To the extent possible, the locations of these businesses and operations are recorded in database lists maintained by various federal, State, and local regulatory agencies. In addition, federal, State, and local agencies enforce regulations applicable to hazardous waste generators and users, and the San Diego County Environmental Health Services Division tracks and inspects hazardous materials handlers to ensure appropriate reporting and compliance. Permitted uses of hazardous materials include those facilities that use hazardous materials or handle hazardous wastes in accordance with current hazardous materials and hazardous waste regulations. The use and handling of hazardous materials from these sites is considered low risk, although there can be instances of unintentional chemical releases. In such cases, the site would be tracked in the environmental databases as an environmental case. Permitted sites without documented releases are, nevertheless, potential sources of hazardous materials in the soil and/or groundwater due to accidental spills, incidental leakage, or spillage that may have gone undetected. Some facilities are permitted for more than one hazardous material use and, therefore, could appear in more than one database. The potential to encounter hazardous materials in soil and groundwater is generally based on a search of federal, State, and local regulatory databases that identify permitted hazardous materials uses, environmental cases, and spill sites. The DTSC EnviroStor database contains information on properties in California where hazardous substances have been released or where the potential for a release exists. The California State Water Resources Control Board (SWRCB) GeoTracker database contains information on properties in California for sites that require cleanup, such as LUST sites, which may impact, or have potential impacts, to water quality, with emphasis on groundwater. According to databases of hazardous material sites maintained by the DTSC (EnviroStor) and the SWRCB (GeoTracker), the sites designated for rezoning in Carlsbad do not have any of the following types of hazardous sites that are still active or need further investigation: underground storage tank (UST), voluntary cleanup, school investigation, tiered permit, or State response sites (DTSC 2023; SWRCB 2023). According to DTSC and SWRCB, sites 14 and 16 had LUST sites which are now designated as inactive and closed. Use, Transport, and Abatement of Hazardous Materials The use of hazardous materials is typically associated with industrial land uses. Activities such as manufacturing, plating, cleaning, refining, and finishing, frequently involve chemicals that are considered hazardous when accidentally released into the environment. Some parcels in the project area are currently used for industrial purposes such as Site 5, Site 9, Site 11, Site 12, Site 15, and Site 16. To a lesser extent, hazardous materials may also be used by various commercial enterprises, as well as residential uses. In particular, dry cleaners use cleaning agents considered to be hazardous materials. Hardware stores typically stock paints and solvents, as well as fertilizers, herbicides, and pesticides. Swimming pool supply stores stock acids, algaecides, and caustic agents. Most City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-4 commercial businesses occasionally use commonly available cleaning supplies that, when used in accordance with manufacturers’ recommendations, are considered safe by the State of California, but when not handled properly can be considered hazardous. Private residences also use and store commonly available cleaning materials, paints, solvents, swimming pool and spa chemicals, as well as fertilizers, herbicides, and pesticides. The project area includes both commercial and residential land uses. If improperly handled, hazardous materials can result in public health hazards through human contact with contaminated soils or groundwater, or through airborne releases in vapors, fumes, or dust. There is also the potential for accidental or unauthorized releases of hazardous materials that would pose a public health concern. The use, transport, and disposal of hazardous materials and wastes are required to occur in accordance with federal, State, and local regulations. In accordance with such regulations, the transport of hazardous materials and wastes can only occur with transporters who have received training and appropriate licensing. Additionally, hazardous waste transporters are required to complete and carry a hazardous waste manifest, which includes forms, reports, and procedures designed to seamlessly track hazardous waste. Schools School locations require consideration because children are particularly sensitive to hazardous materials exposure. Additional protective regulations apply to projects that could use or disturb potentially hazardous products near or at schools. The California Public Resources Code requires projects that would be located within 0.25 mile of a school and might reasonably be expected to emit or handle hazardous materials to consult with the school district regarding potential hazards. There are schools within 0.25 mile of the 18 rezone sites, as shown on Figure 4.7-1.The Army and Navy Academy is within 0.25-mile of Site 14 and the Discovery Isle Child Development Center is within 0.25-mile of Site 16. Other childcare centers or preschools may also be located within 0.25 mile of the rezone sites. 4.7.2 Regulatory Setting a. Federal Regulations Primary Federal agencies with responsibility for hazardous materials management include the USEPA, U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), and the U.S. Department of Transportation (USDOT). The major laws enforced by these agencies are described below. Toxic Substances Control Act (1976) and the Resource Conservation and Recovery Act of 1976 These acts established a program administered by the USEPA for the regulation of the generation, transportation, treatment, storage, and disposal of hazardous waste. The Resource Conservation and Recovery Act (RCRA) was amended in 1984 by the Hazardous and Solid Waste Act, which affirmed and extended the “cradle to grave” system of regulating hazardous wastes. Among other things, the use of certain techniques for the disposal of some hazardous wastes was specifically prohibited by the Hazardous and Solid Waste Act. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-5 Figure 4.7-1 Schools within 0.25-mile of Housing Sites p ,> ·,{· •••.......... ArmyN Acad ~ __ J City Limits Highway .IBl Major Street Planned Street Railroad School 0.25-mile from a Potential Housing Site Potential Housing Sites • D -D 0 Convert government-owned property to allow housi ng Convert commercial property to allow housing Increase units allowed on properties that already allow housing Convert vacant industrial property to allow housi ng ,. Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map 0.75 N 1.5 A '----M..Jll-1e_s ___ _.l Imagery provided by Esri and its licensors © 2023. Additional data provided by City of Carlsbad, 2022. .IBl .IBl ----I ""<;, ! ~:~ .IBl as'P--"',J~ .IBl ,f /}j tr i i L\ .IBl City of San Marcos City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-6 Comprehensive Environmental Response, Compensation and Liability Act, amended by the Superfund Amendments and Reauthorization Act (1986) This law was enacted in 1980 and provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Among other things, CERCLA established requirements concerning closed and abandoned hazardous waste sites, provided for liability of persons responsible for releases of hazardous waste at these sites, and established a trust fund to provide for cleanup when no responsible party could be identified. CERCLA also enabled revision of the National Contingency Plan, which provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The National Contingency Plan also established the National Priorities List. Superfund Amendments and Reauthorization Act of 1986 (Public Law 99 499) This law amends CERCLA to reflect lessons learned by the USEPA during the first six years administering the Superfund program. Superfund Amendments and Reauthorization Act (SARA) provided new enforcement authorities and settlement tools, increased the focus on human health problems posed by hazardous waste sites, and encouraged greater citizen participation in making decisions on how sites should be cleaned up. The law also increased State involvement in every phase of the Superfund program and required Superfund actions to consider the standards and requirements found in other State and federal environmental laws and regulations. Lead-Based Paint Elimination Final Rule Title 24 Code of Federal Regulations Governed by the United States Department of Housing and Urban Development, regulations for LBP are contained in the Lead-Based Paint Elimination Final Rule Title 24 CFR 33, which requires sellers and lessors to disclose known LBP and LBP hazards to perspective purchasers and lessees. Additionally, all LBP abatement activities must follow California and federal occupational safety and health administrations (California Occupational Safety and Health Administration [Cal/OSHA] and Federal Occupational Safety and Health Administration [OSHA], respectively and with the State of California Department of Health Services requirements. Only LBP trained and certified abatement personnel can perform abatement activities. All lead LBP removed from structures must be hauled and disposed of by a transportation company licensed to transport this type of material at a landfill or receiving facility licensed to accept the waste. United States Environmental Protection Agency The USEPA is the agency primarily responsible for enforcement and implementation of federal laws and regulations pertaining to hazardous materials. Applicable federal regulations pertaining to hazardous materials are contained in the CFR Titles 29, 40, and 49. Hazardous materials, as defined in the CFR, are listed in 49 CFR 172.101. The management of hazardous materials is governed by the following laws, which include specific requirements for facilities that generate, use, store, treat, and/or dispose of hazardous materials. USEPA provides oversight and supervision for federal Superfund investigation/remediation projects, evaluates remediation technologies, and develops hazardous materials disposal restrictions and treatment standards. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-7 U.S. Department of Transportation Regulations USDOT prescribes strict regulations for the safe transportation of hazardous materials, including requirements for hazardous waste containers and licensed haulers that transport hazardous waste on public roads. The Secretary of the USDOT receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in in 49 U.S. Code (U.S.C.) Section 5101 et seq. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. The Pipeline and Hazardous Materials Safety Administration (PHMSA), formerly the Research and Special Provisions Administration, was delegated the responsibility to write the hazardous materials regulations, which are contained in Title 49 of the CFR Parts 100-180. Title 49 of the CFR, which contains the regulations set forth by the HMTA, specifies requirements and regulations with respect to the transport of hazardous materials. It requires that every employee who transports hazardous materials receive training to recognize and identify hazardous materials and become familiar with hazardous materials requirements. Under the HMTA, the Secretary "may authorize any officer, employee, or agent to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to: (1) the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any 'person' in the transportation of hazardous materials in commerce; or (2) the transportation or shipment by any 'person' of hazardous materials in commerce. Occupational Safety and Health Act of 1970 The U.S. Department of Labor’s OSHA was created to assure safe and healthful working conditions by setting and enforcing standards and by providing training, outreach, education, and assistance. OSHA provides standards for general industry and construction industry on hazardous waste operations and emergency response. The Occupational Safety and Health Act, which is implemented by OSHA, contains provisions with respect to hazardous materials handling. Federal Occupational Safety and Health Act requirements, as set forth in Title 29 of the CFR Section 1910, et. seq., are designed to promote worker safety, worker training, and a worker’s right-to-know. OSHA has delegated the authority to administer OSHA regulations to the State of California. Title 49 of the CFR, which contains the regulations set forth by the Hazardous Materials Transportation Act of 1975, specifies additional requirements and regulations with respect to the transport of hazardous materials. Title 49 of the CFR requires that every employee who transports hazardous materials receive training to recognize and identify hazardous materials and become familiar with hazardous materials requirements. Drivers are also required to be trained in function and commodity-specific requirements. Other Hazardous Materials Regulations In addition to the USDOT regulations for the safe transportation of hazardous materials, there are other applicable federal laws that also address hazardous materials:  Community Environmental Response Facilitation Act of 1992  Clean Water Act  Clean Air Act  Safe Drinking Water Act  Atomic Energy Act City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-8  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) b. State Regulations California Code of Regulations Title 22 Hazardous substances are regulated by state and federal agencies in order to protect public health and the environment. Hazardous materials have certain chemical, physical, or infectious properties that threaten life, health, property, or environment. The California Code of Regulations (CCR) Title 22 provides the following definition: A hazardous material is a substance or combination of substances which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may either (1) cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating irreversible illness; or (2) pose a substantial present or potential hazard to human health and safety, or the environment when improperly treated, stored, transported or disposed of. Hazardous materials include waste that has been abandoned, discarded, or recycled on the property and as a result represents a continuing hazard as the development is proposed. Hazardous materials also include any contaminated soil or groundwater. California Environmental Protection Agency The management of hazardous materials and waste within California is under the jurisdiction of the CalEPA, which was created by the State of California to establish a cabinet-level voice for the protection of human health and the environment and to assure the coordinated deployment of state resources. Office of Environmental Health Hazard Assessment The State of California Office of Environmental Health Hazard Assessment oversees implementation of many public health-related environmental regulatory programs within CalEPA, including implementing the provisions of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Proposition 65 requires the governor to publish, at least annually, a list of chemicals known to the state to cause cancer or reproductive toxicity. The proposition was intended by its authors to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects, or other reproductive harm and to inform citizens about exposures to such chemicals. Department of Toxic Substances Control (DTSC) As a department of the California Environmental Protection Agency, DTSC is the primary agency in California that regulates hazardous waste, cleans up existing contamination, and looks for ways to reduce the hazardous waste produced in California. DTSC regulates hazardous waste in California primarily under the authority of RCRA and the California Health and Safety Code. DTSC also administers the California Hazardous Waste Control Law (HWCL) to regulate hazardous wastes which is implemented by regulations described in California Code of Regulations Title 26. While the HWCL is generally more stringent than RCRA, until the USEPA approves the California program, both state and federal laws apply in California. The HWCL lists 791 chemicals and approximately 300 common materials that may be hazardous; establishes criteria for identifying, packaging, and labeling hazardous wastes; prescribes management controls; establishes permit Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-9 requirements for treatment, storage, disposal, and transportation; and identifies some wastes that cannot be disposed of in landfills. Environmental health standards for management of hazardous waste are contained in California Code of Regulations Title 22, Division 4.5. Government Code Section 65962.5 requires the DTSC, the State Department of Health Services, the SWRCB, and CalRecycle to compile and annually update lists of hazardous waste sites and land designated as hazardous waste sites throughout the State, collectively known as the Cortese List. The Secretary for Environmental Protection consolidates the information submitted by these agencies and distributes it to each city and county where sites on the lists are located. Before the lead agency accepts an application for any development project as complete, the applicant must consult these lists to determine if the site at issue is included. If any soil is excavated from a site containing hazardous materials, it would be considered hazardous waste if it exceeded specific criteria in Title 22 of the California Code of Regulations. Remediation of hazardous wastes found at a site may be required if excavation of these materials is performed, or if certain other soil disturbing activities would occur. Even if soil or groundwater at a contaminated site does not have the characteristics required to be defined as hazardous waste, remediation of the site may be required by regulatory agencies subject to jurisdictional authority. Cleanup requirements are determined on a case-by-case basis by the agency taking jurisdiction. California Fire Code Part 9 of the California Building Standards Code includes the California Fire Code (last updated in 2022) which establishes the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety, and general welfare for the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to firefighters and emergency responders during emergency operations. The provisions of this code apply to the construction, alteration, movement enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such building structures throughout the State of California. c. Local Regulations Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists some policies related to hazards and hazardous materials in its Public Safety Element and Land Use and Community Design Element. The following policies are applicable to the proposed project (City of Carlsbad 2015a; City of Carlsbad 2015b): 1 Land Use and Community Design Element Policy 2-P.37 Require new development located in the Airport Influence Area (AIA) to comply with applicable land use compatibility provisions of the McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) through review and approval of a site 1 The current Carlsbad General Plan, adopted in 2015, lists several policies related to hazards and hazardous materials in the Public Safety Element. The existing Public Safety Element policies would be replaced by the updated Public Safety Element policies as part of this project; therefore, policies from the 2015 General Plan that are being removed as part of the Public Safety Element Update are not included in this section. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-10 development plan, or other development permit. Unless otherwise approved by City Council, development proposals must be consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight notification, as contained in the McClellan-Palomar ALUCP. Additionally, development proposals must meet Federal Aviation Administration (FAA) requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are permitted to penetrate the transitional surface (a 7:1 slope from the runway primary surface.) Consider the San Diego County Airport Land Use Commission recommendations in the review of development proposals. Policy 2-P.38 Coordinate with the San Diego County Airport Land Use Commission and the FAA to protect public health, safety and welfare by ensuring the orderly operation of the airport and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around the airport. Policy 2-P.39 Prohibit the geographic expansion of McClellan-Palomar Airport unless approved by a majority vote of the Carlsbad electorate. (Section 21.53.015, Carlsbad Municipal Code.). Open Space, Conservation, and Recreation Element Policy 4-P.51 Prior to the approval of new development within an existing or former agricultural area in Carlsbad, require a detailed soils testing and analysis report be prepared by a registered soils engineer and submitted to the city and the county health department for review and approval. This report shall evaluate the potential for soil contamination due to historic use, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. If hazardous chemicals are detected at concentrations in the soil that would have a significantly adverse effect on human health, the report shall identify a range of possible mitigation measures to remediate the significant public health impacts. County of San Diego Department of Environmental Health and Quality (DEHQ) The Hazardous Materials Division (HMD) of DEHA regulates hazardous waste and tiered permitting, USTs, aboveground petroleum storage and risk management plans, hazardous materials business plans and chemical inventory, risk management plans, and medical waste. The HMD’s goal is “to protect human health and the environment by ensuring that hazardous materials, hazardous waste, medical waste, and USTs are properly managed. California Environmental Protection Agency’s Unified Program In 1993, Senate Bill 1082 gave CalEPA the authority and responsibility to establish a unified hazardous waste and hazardous materials management and regulatory program, commonly referred to as the Unified Program. The purpose of this program is to consolidate and coordinate six different hazardous materials and hazardous waste programs, and to ensure that they are consistently implemented throughout the state. The Unified Program is overseen by CalEPA with support from the DTSC, RWQCBs, the OES, and the State Fire Marshal. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-11 State law requires county and local agencies to implement the Unified Program. The agency in charge of implementing the program is called the Certified Unified Program Agency (CUPA). The County of San Diego DEH, Hazardous Materials Division is the designated CUPA for the county. In addition to the CUPA, other local agencies help to implement the Unified Program. These agencies are called Participatory Agencies. The Hazardous Materials Division is the Participatory Agency for Carlsbad. San Diego County Multi-Jurisdictional Hazard Mitigation Plan Long-term prevention, mitigation efforts and risk-based preparedness for specific hazards within the city are addressed as a part of the San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The 2023 San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was approved by the San Diego County Board of Supervisors in February 2023 as an update to the 2018 MJHMP. However, the 2023 MJHMP is still pending final approval from the Federal Emergency Management Agency (FEMA). The MJHMP identifies specific risks for San Diego County and provides methods to help minimize damage caused by natural and man-made disasters. The final list of hazards profiled for San Diego County was determined as wildfire/structure fire, flood, coastal storms/erosion/tsunami, earthquake/liquefaction, rain-induced landslide, dam failure, hazardous materials incidents, nuclear materials release, and terrorism. Currently, the city is in the process of updating its mitigation strategies and action programs within the MJHMP. The San Diego County OES is responsible for coordinating with local jurisdictions and participating agencies to monitor, evaluate, and update the MJHMP as necessary. McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) The McClellan–Palomar ALUCP was prepared by the San Diego County Regional Airport Authority to protect the safety of the public (adopted in 2010 and amended in 2010 and 2011). ALUCPs are intended to promote compatibility between airports and the land uses that surround them by addressing noise, overflight, safety, and airspace protection concerns. Each ALUCP prevents exposure to excessive noise and safety hazards within an airport influence area over a 20-year horizon. The McClellan–Palomar ALUCP provides for the orderly growth of the airport and the area surrounding the airport and safeguards the general welfare of the inhabitants within the vicinity of the airport and the public in general. According to Exhibit III-2 (Compatibility Policy Map: Safety) of the ALUCP and as shown in Figure 4.7-2, a portion of site 10 is within Zone 2 - Inner Approach/Departure Zone, and a portion of Site 9 is within Zone 3 - Inner Turning Zone. In addition, the remaining portions of Sites 9 and 10 as well as Sites 4, 6, 7, 8, and 11 are within Zone 6 - Traffic Pattern Zone. According to Exhibit III-5 (Compatibility Policy Map: Airport Influence Area) of the ALUCP and as shown in Figure 4.7-3, Sites 4, 6, 7, 8, 9, 10, 11, and a portion of 16 are within Airport Influence Area - Review Area 1 and Sites 5, 12, 17, and a portion of Sites 16 and 18 are within Airport Influence Area - Review Area 2. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-12 Figure 4.7-2 Mc-Clellan-Palomar Airport Safety Zone and Housing Sites < I< :.._ __ J City Limits Highway Major Street Planned Street Rail road -Potential Housing Sites• McClellan-Palomar -Safety -Safety Zone 1 -Safety Zone 2 -Safety Zone 3 -Safety Zone 4 D Safety Zone 5 -Safety Zone 6 * Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map 0 0.75 1.5 Miles N A Imagery provided by Esri and its licensors © 2023. \\ ..... ~~-.. '\ •• \ Additional data provided by City of Carlsbad, 2022; Son Diego County Airport Authority. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-13 Figure 4.7-3 Mc-Clellan-Palomar Airport Airport Influence Area and Housing Sites :._ __ J City Limits Highway Major Street Planned Street Railroad I' -Potential Housing Sites • McClellan-Palomar -Airport Influence Area (AIA) -AIAl AIA 2 * Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map 0 0.75 N 1.5 " '---~M-,Jl\-1e_s ___ ... l f"- fmagery provided by Esri and its licensors © 2023. Addirionaf data provided by City of Carlsbad, 2022; Son Diego County Airport Authority. City of Encinitas City of j San Marcos I City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-14 Carlsbad Municipal Code Chapter 6.03 of the Carlsbad Municipal Code requires the disclosure of hazardous materials and regulates the establishment of hazardous waste. The city has adopted the County of San Diego regulations requiring the disclosure of hazardous materials (San Diego County Code of Regulatory Ordinances, Title 6, Division 8, Chapters 9 and 11), unless local modifications are enacted by the City of Carlsbad, pursuant to law. 4.7.3 Impact Analysis a. Methodology and Thresholds of Significance The following thresholds are based on CEQA Guidelines Appendix G. For purposes of this SEIR, impacts related to hazards and hazardous materials are considered significant if implementation of the proposed project would: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; 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 create a significant hazard to the public or the environment; For a project located 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, result in a safety hazard or excessive noise for people residing or working in the project area; Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. As described at the beginning of this section, an analysis of the risk of exposure to wildland fires resulting from implementation of the proposed HEU is contained in Section 4.15, Wildfire. Therefore, threshold 7 is addressed in Section 4.15, Wildfire. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts related to transport, use, and disposal of hazardous materials; upset and accident conditions involving the release of hazardous materials into the environment; emissions or handling of hazardous materials within 0.25 mile of a school; location of development projects on hazardous materials sites such that the new use would create a hazard to the public or the environment; consistency with the policies in the McClellan-Palomar Airport Land Use Compatibility Plan; interference with an adopted emergency response or evacuation plan; and risk from wildland fire in lands adjacent to urbanized or residential areas would be less than 1. 2. 3. 4. 5. 6. 7. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-15 significant (Section 3.6, Hazards and Hazardous Materials, Airport Safety, and Wildfires: 3.6-27 through 3.6-37). It further stated that individual development projects would be subject to project- specific development and planning review, including adherence to standards for hazards, airport, and wildfire safety. The proposed project involves land use changes to encourage development on 18 sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to land use and planning. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis, with the exception of Threshold 7 which is addressed in Section 4.15, Wildfire. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan and Master and Specific Plans for consistency between the City’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts from hazards and hazardous materials would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 sites listed in Table 2-4 in Section 2, Project Description, as well as updates to the Public Safety Element which includes policies related to hazards and hazardous materials. Threshold 1: Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Threshold 2: Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Impact HAZ-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD FACILITATE NEW RESIDENTIAL DEVELOPMENT ON 18 REZONE SITES. PROPOSED RESIDENTIAL USES WOULD NOT INVOLVE THE ROUTINE TRANSPORTATION, USE, OR DISPOSAL OF HAZARDOUS MATERIALS. HOWEVER, CONSTRUCTION OF NEW RESIDENCES COULD RESULT IN AN INCREASE IN THE OVERALL ROUTINE, TRANSPORT, USE AND DISPOSAL OF HAZARDOUS MATERIALS IN CARLSBAD FOR CONSTRUCTION ACTIVITIES. NONETHELESS, REQUIRED COMPLIANCE WITH APPLICABLE REGULATIONS RELATED TO HAZARDOUS MATERIALS AND COMPLIANCE WITH GENERAL PLAN POLICIES WOULD MINIMIZE THE RISK OF RELEASES AND EXPOSURE TO THESE MATERIALS. IMPACTS WOULD BE LESS THAN SIGNIFICANT. Hazardous materials are typically utilized by most land uses such as industrial, retail/office, commercial, residential, agriculture, medical, and recreational uses, among other activities. Residential uses do not typically use hazardous materials other than small amounts for cleaning and landscaping. These materials would not be different from household chemicals and solvents already in wide use throughout Carlsbad. Residents and workers are anticipated to use limited quantities of products routinely for periodic cleaning, repair, and maintenance or for landscape maintenance/pest control that could contain hazardous materials. Those using such products would be required to comply with all applicable regulations regarding the disposal of household waste. Therefore, operation of new residential uses poses little risk of exposing the public to hazardous materials. The proposed project would involve rezoning to accommodate additional housing. The proposed project would not facilitate the establishment of new industrial, warehouse, auto-service, or manufacturing uses. Therefore, the proposed project would not introduce new manufacturing, City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-16 warehouse, or industrial uses that would sell, use, store, transport, or release substantial quantities of hazardous materials. Future construction activities associated with buildout of the project may generate hazardous materials and waste, such as fuels and oils from construction equipment and vehicles. The routine use, transportation, and disposal of hazardous materials and waste within and through Carlsbad is an aspect of modern society and not unique to the proposed project. Some of the sites, including Site 5, Site 9, Site 11, Site 12, Site 15, and Site 16 are within or near industrial areas. Federal and state regulations require adherence to specific guidelines regarding the use, transportation, disposal, and accidental release of hazardous materials would reduce impacts related to exposure of new residents to hazards associated with existing industrial uses. Regulations associated with using, transporting, or disposing of hazardous materials include RCRA, the Emergency Planning and Community Right-to-Know Act, the Hazardous Materials Transportation Act, California Health and Safety Code, CCR Title 22, CCR Title 27, SB 1889, and the Consolidated Fire Code. The city will continue to maintain permitting requirements, as administered by the County of San Diego’s DEHQ requirements, for the handling, storage, or generation of hazardous waste. Disclosure laws will continue to be enforced by the city to identify business users and the materials they handle to facilitate notification of appropriate agencies in the event of a violation. Additionally, the proposed project includes updates to the Public Safety Element, including the following policies which would further reduce hazardous wastes and materials impacts to a less than significant level: Policy 6-P.35 Limit hazards associated with the manufacture, use, transfer, storage and disposal of hazardous materials and hazardous wastes through enforcement of applicable local, county, state and federal regulations. Policy 6-P.36 Coordinate with the County of San Diego and use the San Diego County Multi- Jurisdictional Hazard Mitigation Plan (MJHMP) as a guide for implementing actions to reduce hazardous waste impacts. Policy 6-P.37 Regulate locations for the manufacture, storage, and use of hazardous materials within the city through implementation of Carlsbad Municipal Code Title 21 (Zoning Ordinance). Policy 6-P.38 Regulate development on sites with known contamination of soil and groundwater to ensure that construction workers, future occupants, and the environment as a whole, are adequately protected from hazards associated with contamination, and encourage cleanup of such sites. Provide documentation that development sites are not impacted by former/current site uses, including but not limited to, agricultural chemicals, aerially deposited lead, common railroad contaminants, and hazardous material storage and/or use. Policy 6-P.39 Provide hazardous materials emergency incident responses. Coordinate such responses with applicable federal, state and county agencies. Policy 6-P.40 Maintain regulations that require proper storage and disposal of hazardous materials to reduce the likelihood of leakage, explosions, or fire, and to properly contain potential spills from leaving the site. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-17 Policy 6-P.41 Enhance and expand the use of desilting/pollutant basins to function as hazardous material spill control facilities to prevent the spread of contaminants to downstream areas. Policy 6-P.42 Support public awareness and participation in household hazardous waste management, solid waste, and recycling programs. Overall, policies 6-P.35 through 6-P.42 would require the enforcement of federal, State, county, and local regulations associated with the manufacture, use, transfer, storage, and disposal of hazardous materials and wastes and also provide for response in the case of accident or upset conditions. Through these regulatory actions, along with the ongoing public education efforts of the city, and the identification of risks, the city can continue to maintain safe conditions. With the implementation of federal, State, and local regulations and policies the risk of death, injury and/or property loss is reduced. As was found in the 2015 General Plan EIR, compliance with General Plan policies would further reduce impacts. Therefore, compliance with the General Plan policies and federal, State and local regulations will ensure the impact of routine use, transport, and disposal of hazardous materials associated with implementation of the project would be less than significant. Impacts associated with development on sites that may contain soil or groundwater contamination are further discussed under Impact HAZ-3. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? Impact HAZ-2 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD NOT EMIT HAZARDOUS EMISSIONS OR HANDLE HAZARDOUS OR ACUTELY HAZARDOUS MATERIALS, SUBSTANCES, OR WASTE WITHIN ONE-QUARTER MILE OF AN EXISTING OR PROPOSED SCHOOL. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. The proposed project would facilitate residential development at a higher density in the vicinity of some schools. As shown in Figure 4.7-1, there are schools within 0.25 miles of the rezone sites. The Army and Navy Academy is within 0.25-mile of Site 14, and the Discovery Isle Child Development Center is within 0.25-mile of Site 16. However, residential uses do not typically emit hazardous materials or substances other than small amounts for cleaning and landscaping. Therefore, operation of new residential uses would not emit or handle hazardous materials within 0.25 mile of a school. As mentioned in Impact HAZ-1, construction facilitated by the proposed project may include the temporary transport, storage, and use of potentially hazardous materials including fuels, lubricating fluids, cleaners, or solvents. Specifically, demolition, grading, and excavation activities associated with new construction on the 18 rezone sites may result in emissions and transport of hazardous materials. Further, the rezone sites may have unrecorded pre-existing contamination that could be exposed during grading or construction activities. However, adherence to applicable policies City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-18 regarding emission and transport of hazardous materials such as the Toxic Substances Control Act, the Resource Conversation and Recovery Act, and the Hazardous Waste Control Act, as listed the Regulatory Setting and under Impact HAZ-1, would ensure potential impacts would be reduced. Additionally, as was found in the 2015 General Plan EIR, compliance with General Plan Public Safety Element policies would further reduce impacts. Therefore, potential impacts associated with hazardous materials, substances, or wastes within 0.25 mile of an existing or proposed school would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 4: Would the project be located on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Impact HAZ-3 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT COULD RESULT IN DEVELOPMENT ON SITES CONTAMINATED WITH HAZARDOUS MATERIALS. HOWEVER, COMPLIANCE WITH APPLICABLE REGULATIONS RELATING TO SITE REMEDIATION WOULD MINIMIZE IMPACTS FROM DEVELOPMENT ON CONTAMINATED SITES, RESULTING IN A LESS THAN SIGNIFICANT IMPACT. Most of the rezone sites do not have any active or open LUST cleanup sites or other active or open hazardous materials sites pursuant to Government Code Section 65962.5 (SWRCB 2023). Sites 14 and 16 each had one LUST which has now been designated inactive and case closed. Sites 2, 4, 8, and 15 are located adjacent to parcels which have former LUST cleanup sites or Cleanup Program sites. Several housing sites are near the McClellan-Palomar Airport, major roadways, or rail and aerially-deposited lead or other contaminants could be present. California Supreme Court in a December 2015 opinion (BIA v. BAAQMD) confirmed CEQA is concerned with the impacts of a project on the environment, not the effects the existing environment may have on a project; therefore, potential hazards impacts to future new residents on the rezone sites would not be an impact under CEQA. However, redevelopment of sites with existing soil or groundwater contamination could potentially pose a significant hazard to the public or the environment through releases of hazardous materials into the environment. The extent to which soil or groundwater may be affected by LUST, metals, lead, or other potential contamination source, if at all, depends on the type of contaminant, the amount released, the duration of the release, distance from source, and depth to groundwater. If groundwater contamination is identified, characterization of the vertical and lateral extent of the contamination and remediation activities would be required by the Regional Water Quality Control Board prior to the commencement of any new construction activities that would disturb the subsurface. If contamination exceeds regulatory action levels, the developer would be required to undertake remediation procedures prior to grading and development under the supervision of the Regional Water Quality Control Board, depending upon the nature of any identified contamination. Further, the General Plan contains policies designed to lessen the impact of sites contaminated with hazardous materials. For example, General Plan Policy 4-P.51 would require a detailed soils testing and analysis report to be prepared if development is located within an existing or former agricultural area and require mitigation measures to remediate significant public health impacts. Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-19 Similarly, the Public Safety Element Update includes Policy 6-P.38 (listed under Impact HAZ-1) which would regulate development on sites with known soil and groundwater contamination to ensure protection of construction workers, future occupants, and the environment, as well as encourage cleanup of contaminated sites. As was found in the 2015 General Plan EIR, compliance with General Plan Policies would further reduce potential impacts associated with development on a hazardous materials site. Compliance with existing State and local regulations would reduce impacts. Therefore, the impact of posing a significant hazard to the public or environment through the release of hazardous materials associated with the implementation of the proposed project would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 5: For a project located 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 or excessive noise for people residing or working in the project area? Impact HAZ-4 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD NOT RESULT IN A SAFETY HAZARD FOR PEOPLE RESIDING OR WORKING IN THE PROJECT AREA. COMPLIANCE WITH POLICIES AND REVIEW PROCEDURES OF THE AIRPORT LAND USE COMPATIBILITY PLAN WOULD RESULT IN LESS THAN SIGNIFICANT IMPACTS. The McClellan–Palomar Airport has an ALUCP developed and adopted by the San Diego County Airport Land Use Commission in 2010 and last amended in 2011 (San Diego County Regional Airport Authority 2011). San Diego County manages the operation of the airport. The city reviews all proposed development projects within the Airport Influence Area for compatibility with the ALUCP. According to Exhibit III-5 (Compatibility Policy Map: Airport Influence Area) of the ALUCP and as shown in Figure 4.7-3, Sites 4, 6, 7, 8, 9, 10, 11, and a portion of Site 16 are within Airport Influence Area - Review Area 1. Review Area 1 encompasses locations exposed to aircraft noise levels of 60 dB CNEL or greater together with all of the safety zones depicted. Therefore, this area depicts locations where noise and/or safety concerns may necessitate limitations on the types of land use actions. Sites 5, 12, 17, and a portion of Sites 16 and 18 are within Airport Influence Area - Review Area 2. Review Area 2 consists of locations beyond Review Area 1 but within the airspace protection and/or overflight notification areas shown in the ALUCP. The only land use restrictions in Review Area 2 are for the heights of structures, particularly in areas of high terrain. Recordation of overflight notification documents is also required for projects in Review Area 2. According to Exhibit III-2 (Compatibility Policy Map: Safety) of the ALUCP and as shown in Figure 4.7-2, a portion of site 10 is within Zone 2 - Inner Approach/Departure Zone, and a portion of Site 9 is within Zone 3 - Inner Turning Zone. In addition, the remaining portions of Sites 9 and 10 as well as Sites 4, 6, 7, 8, and 11 are within Zone 6 - Traffic Pattern Zone. For future development within the Review Areas, new development proposals must process a site development plan or other development permit and be found consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety airspace protection, and overflight, as contained in the ALUCP. The project would be subject to the land use compatibility City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-20 policies 2.6, 3.5, and 3.6 in the McClellan–Palomar ALUCP, directing the Airport Land Use Commission to review land use actions which may have noise or safety concerns and real estate disclosures regarding overflight compatibility for sites in the Airport Influence Area. Additionally, future development would be required to comply with Policy 6-P.32 of the Public Safety Element Update, and Policy 2-P.37 of the Land Use and Community Design Element Update, which state the following: Policy 6-P.32 Ensure that development in the McClellan-Palomar Airport Influence Area is consistent with the land use compatibility policies contained in the McClellan- Palomar Airport Land Use Compatibility Plan. Policy 2-P.37 Require new development located in the Airport Influence Area (AIA) to comply with applicable land use compatibility provisions of the McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) through review and approval of a site development plan or other development permit. Unless otherwise approved by City Council, development proposals must be consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight notification, as contained in the McClellan-Palomar ALUCP. Additionally, development proposals must meet Federal Aviation Administration (FAA) requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are permitted to penetrate the transitional surface (a 7:1 slope from the runway primary surface). Consider San Diego County Regional Airport Authority Airport Land Use Commission recommendations. Table 4.7-1 includes a discussion of project consistency with the land use policies and restrictions set forth in the ALUCP. As shown, the proposed project would not conflict with the development policies. Therefore, the proposed project would not cause a safety hazard for people residing or working in the project area. Table 4.7-1 Project Consistency with McClellan-Palomar Airport Land Use Compatibility Plan Safety Zone Rezone Sites ACLUP Policies Project Consistency Zone 2 - Inner Approach/Departure Zone Site 10 New residential development at a density greater than 4 dwelling units per gross acre is “incompatible.” Consistent: Approximately .60 acre of Site 10 along Palomar Airport Road is restricted to only develop at under 4 units per acre. During site design for future development on the site, the portion in Zone 2 would not be developed beyond what is allowed in the ALUCP. Zone 3 - Inner Turning Zone Site 9 New residential development at a density greater than 16 dwelling units per gross acre is “incompatible.” New residential development at a density of more than 4 dwelling units per gross acre but not more than 13 dwelling units per gross acre is “conditionally compatible” provided that the Consistent: Approximately 1.72 acres of this site is within Zone 3. A project has been approved at this site for 192 units that included its own project-level CEQA review and was found to not conflict with the ALUCP. The portion of the project in Zone 3 would include approximately 7 units per acre and would include Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-21 Safety Zone Rezone Sites ACLUP Policies Project Consistency development complies with the clustering requirements. development that would comply with the clustering requirements set forth in the ALUCP. Zone 6 - Traffic Pattern Zone Remaining portions of Sites 9 and 10 Sites 4, 6, 7, 8, and 11 New residential development is “compatible.” Consistent: Residential development on these sites would not conflict with the ALUCP. Source: San Diego County Regional Airport Authority 2011; City of Carlsbad 2020 Please refer to Impact NOI-4 under Section 4.10, Noise, of this SEIR, for an analysis of noise impacts from the McClellan-Palomar Airport. As was found in the 2015 General Plan EIR, compliance with General Plan policies and the procedures in the ALUCP would reduce potential impacts related to airport hazards. This impact would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 6: Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Impact HAZ-5 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD NOT IMPAIR IMPLEMENTATION OF OR PHYSICALLY INTERFERE WITH AN ADOPTED EMERGENCY RESPONSE PLAN OR EMERGENCY EVACUATION PLAN. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Implementation of the project would result in new development and population growth, resulting in an increase in demand for emergency services, which could affect the implementation of adopted emergency response and evacuation plans. However, the city has adopted the “City of Carlsbad Emergency Operations Plan” prepared in conjunction with the Unified San Diego County Emergency Services Organization. This plan addresses the city’s planned response to extraordinary emergency situations associated with any type of natural disaster, technological incident, or state of war emergency (Unified San Diego County Emergency Services Organization and County of San Diego 2022). The plan includes the city as part of the Statewide Emergency Management System. Further, the proposed project includes updates to the Public Safety Element, including the following proposed policies: Policy 6-P.70 Implement and maintain the City of Carlsbad Emergency Operations Plan, the Multi- jurisdictional Hazard Mitigation Plan, and other relevant emergency plans, policies, and procedures. Policy 6-P.71 Promote public awareness of potential natural and man-made hazards, measures that can be taken to protect lives and property. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-22 Policy 6-P.72 Inform the public and contractors of the danger involved and the necessary precautions that must be taken when working on or near pipelines or utility transmission lines. Policy 6-P.73 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Policy 6-P.74 Maintain roadways that are likely to function as key evacuation routes. Policy 6-P.75 Provide resources to City of Carlsbad staff regarding appropriate emergency preparedness and response activities as well as designed roles and responsibilities as Disaster Service Workers. Conduct routine trainings for all-hazards emergency preparedness and response. Policy 6-P.76 Facilitate restriction of parking, construction permits or right-of-way encroachment permits on high fire days in neighborhoods in and near fire hazard zones and along critical evacuation routes. Policy 6-P.77 Facilitate restriction of parking, construction permits or right-of-way encroachment on days with potential storm surges, atmospheric rivers, and king tide days in neighborhoods in and near flood hazard zones and along critical evacuation routes. Policy 6-P.78 Develop and maintain emergency evacuation capabilities in conjunction with regional partners and regional plans such as the San Diego County Emergency Operations Plan. Policy 6-P.79 Continue to communicate to the public on essential resources and procedures through a variety of communication tools and in multiple languages on topics including:  Education on the California Standard Statewide Evacuation Terminology.  Emergency evacuation checklists for residents.  Creation and education of the public on evacuation maps.  Available transportation services.  Evacuation shelter and support service options. With the compliance of the emergency plan and updated Public Safety Element policies above, the potential to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts The geographic scope for cumulative hazardous materials impacts is limited to projects within 0.25 mile of the sites. This geographic scope is appropriate for hazardous materials because risks associated with hazards and hazardous materials occur largely in a site-specific and localized context as adverse impacts from a hazardous materials release or spill diminish in magnitude with distance. Cumulative residential development in the vicinity of any identified hazardous materials sites would gradually increase the population exposed to the use and transport of hazardous materials; the Environmental Impact Analysis Hazards and Hazardous Materials Supplemental Environmental Impact Report 4.7-23 routine use, storage, and disposal of hazardous materials; listed hazardous materials sites; and subject to emergency response and evacuation plans. The magnitude of hazards for individual projects would depend upon the location, type, and size of development and the specific hazards associated with individual sites. Implementation of existing laws and regulations, including remedial action on contaminated sites, as discussed with regard to the project under Impacts HAZ-1 through HAZ-5, would avoid potential hazard impacts. Overall, hazards and hazardous materials impacts associated with individual developments are site specific in nature and must be addressed on a case-by-case basis. Since hazards and hazardous materials are required to be examined as part of the permit application and review process, potential impacts associated with individual projects would be adequately addressed prior to permit approval. With adherence to existing regulatory standards for hazardous materials, no significant cumulative human health impacts would occur, and the project would not have a cumulatively considerable contribution to a significant cumulative impact related to hazards and hazardous materials. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.7-24 This page intentionally left blank. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-1 4.8 Hydrology and Water Quality This section addresses impacts related to drainage infrastructure and surface water quality. Information regarding potable water and topography was obtained from the Carlsbad Municipal Water District’s (CMWD) Potable Water Master Plan (2019), while data regarding groundwater and water quality was obtained from the CMWD’s 2020 Urban Water Management Plan (2021). 4.8.1 Setting The San Diego Region is divided into 11 hydrologic units that flow from elevated regions in the east toward coastal lagoons, estuaries, or bays in the west. Carlsbad is located within the Carlsbad Hydrologic Unit (HU), also referred to as the Carlsbad Watershed Management Area, which is approximately 210 square miles in area, extending from the headwaters above Lake Wohlford in the east to the Pacific Ocean in the west, and from Vista and Oceanside in the north to Solana Beach, Encinitas, and the community of Rancho Santa Fe to the south. There are numerous important surface hydrologic features within the Carlsbad HU including four unique coastal lagoons, three major creeks, and two large water storage reservoirs (City of Carlsbad 2023). Figure 4.8-1 shows watersheds and surface water features in Carlsbad. a. Watershed and Surface Water Surface water resources in Carlsbad include coastal waters, reservoirs, and lake resources, as well as streams and rivers. Most of the surface flow in the streams and rivers of the San Diego region comes from precipitation runoff and storm events. Precipitation occurs predominantly during the winter and spring months and streamflows are highest during this period. Surface flows during summer and fall months are typically low, and consist of urban runoff, agricultural runoff, and surfacing groundwater. Surface water features in the San Diego Basin include Buena Vista Creek, Buena Vista Lagoon, Agua Hedionda Creek, Agua Hedionda Lagoon, San Marcos Creek, and Batiquitos Lagoon. Buena Vista Creek originates on the western slopes in the San Marcos Mountains northeast of Carlsbad and discharges into the Pacific Ocean via the Buena Vista Lagoon. Agua Hedionda Creek flows towards the ocean from the southern edge of the San Marcos Mountains, east of Vista, into the Agua Hedionda Lagoon. The San Marcos Creek originates near Twin Oaks and San Marcos and flows towards the ocean into the Batiquitos Lagoon, on the southern edge of the city (City of Carlsbad 2023). As identified in the San Diego Regional Water Quality Control Board’s (RWQCBs) Water Quality Control Plan for the San Diego Basin (Basin Plan), Buena Vista Creek, Agua Hedionda Creek, San Marcos Creek, and San Luis Rey River all have designated beneficial uses including the following:  Municipal and domestic water supply  Agricultural water supply  Industrial service water supply  Contact water recreation  Non-contact water recreation  Warm freshwater habitat  Cold freshwater habitat  Wildlife habitat  Rare, threatened, and endangered species habitat  Hydropower generation City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-2 Figure 4.8-1 Watershed and Surface Waters in Carlsbad , ' :... .. J City Limits Highway Major Street Planned Street Railroad Stream/River c:::J . Lagoon/Reservoir Hydrologic Area D Agua Hedionda D Buena Vista Creek D Encinas D Escondido Creek San Marcos 0 0.75 1.5 N ' A Miles Imagery provided by fsri and its I/censors © 2023. Additional data provided by City of Carlsbad, 2022; USGS, 2022; California Department of Water Resources, 2021. City of Encinitas Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-3 b. Topography The topographical conditions in Carlsbad are varied, consisting of 39 square miles of rolling hills, beaches, and bluffs along the northern coast of San Diego County. In addition to the Pacific Ocean coastline along its western boundary, the communities surrounding Carlsbad include the city of Oceanside to the north, the city of Encinitas to the south, and the cities of Vista and San Marcos and unincorporated areas of San Diego County to the east. Along Carlsbad’s northern edge, urban development abuts Highway 78, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Similarly, Batiquitos Lagoon along the city’s southern edge defines the boundary between Carlsbad and Encinitas. To the east, city boundaries are less distinctive, as a mix of hillsides and urban development are located adjacent to the cities of Oceanside, Vista and San Marcos and unincorporated lands. The topography ranges from sea level along the western coastline to nearly 700 feet above mean sea level (MSL) along the eastern boundary (CMWD 2019). c. Groundwater Groundwater consists of water within underground aquifers that is recharged from the land surface. The rate of groundwater recharge is affected by the permeability of the ground surface. Carlsbad is located within the semi-arid San Diego region, which experiences a slow rate of groundwater recharge by rainfall (San Diego County Water Authority 2023). The Batiquitos Lagoon Valley Groundwater Basin partially underlies Carlsbad; however, most of the city is not within a designated groundwater basin. This basin consists of 741 acres. The basin is bounded on the northeast by impermeable crystalline rocks, on the west by Batiquitos Lagoon, and otherwise by semipermeable rocks on the La Jolla Formation. The overall groundwater storage capacity and storage levels are currently unknown. The groundwater in this basin is not considered a good source of irrigation or municipal use due to the high content of chloride, sulfate, and total dissolved solids (California Department of Water Resources 2004). d. Hydrologic Hazards Flood Hazards Floodplains are areas of land located adjacent to rivers or streams that are subject to recurring inundation or flooding. Preserving or restoring natural floodplains helps with flood loss reduction benefits and improves water quality and habitat. Floods are typically described in terms of their statistical frequency. For example, a 100-year floodplain describes an area within which there is a one percent probability of a flood occurring in any given year. Flooding can cause widespread damage to affected areas. Buildings and vehicles can be damaged or destroyed, while smaller objects can be buried in flood-deposited sediments. Floods can also cause drowning or isolation of people or animals. In addition, floodwaters can break utility lines, interrupting services and potentially affecting health and safety, particularly in the case of broken sewer or gas lines. The secondary effects of flooding are due to standing water, which can result in crop damage, septic tank failure, mosquito breeding habitat, and well water contamination. Standing water can also damage roads, foundations, and electrical circuits. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-4 FEMA 100-Year Flood Hazard The Federal Emergency Management Agency (FEMA) prepares Flood Insurance Rate Maps (FIRMs), which identify 100-year and 500- year flood zones. The 100-year flood, or “base flood”, refers to the flood resulting from a storm event that has a one percent chance of occurring in any given year. Areas mapped in the 100-year floodplain area are subject to inundation during a 100-year storm event. Flood zones in Carlsbad are shown on Figure 4.8-2. The potential flood hazard areas identified on the FIRM maps include the entire coastline and the following major drainage basins:  Buena Vista Creek and Buena Vista Lagoon  Agua Hedionda Creek, its northern tributary, and the Agua Hedionda Lagoon  San Marcos Creek and its northern tributary  Batiquitos Lagoon  Encinitas Creek A portion of Site 4 contains designated 100-year floodplain areas near Agua Hedionda Creek. Portions of Sites 1 and 2 contain designated floodplain areas near Buena Vista Creek (FEMA 2019). Most jurisdictions within San Diego County, including the City of Carlsbad, participate in the National Flood Insurance Program. Pursuant to the City of Carlsbad’s Local Coastal Program (LCP) and Carlsbad Municipal Code (CMC) Title 21 (Zoning), development is restricted within 100-year floodplain areas. Dam Inundation Dam inundation is caused by the sudden release of impounded water from structural failure or overtopping of a dam. The San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) identifies dam failure risk levels based on dam inundation map data. There are five dams located within or adjacent to Carlsbad: Calavera, Maerkle, Melrose Avenue, San Marcos, and Bressi. The Stanley A Mahr reservoir is also located in the southeast portion of the city. The Calavera, Melrose Avenue and Stanley A. Mahr reservoir dams have been assigned high hazard ratings, Maerkle dam has an extremely high hazard rating, San Marcos dam has a significant hazard rating, and the Bressi dam has a low hazard rating. The California Division of Safety of Dams also classifies jurisdictional dams by downstream hazard potential. Calavera, Melrose Avenue, San Marcos and Stanley A. Mahr dams are classified as high and the Maerkle dam is classified as extremely high. Bressi dam is not a state jurisdictional dam. These dams are periodically inspected by the State of California Division of Safety of Dams. The Dam Inundation Zones within Carlsbad are shown on Figure 4.8-3. Housing site 4 is within a Dam Inundation Zone. Tsunami and Seiche Hazards Tsunamis are long wavelength ocean waves generated by sudden movements of the ocean floor, such as earthquakes, volcanic eruptions, or landslides. As shown in Figure 4.8-4, the immediate vicinity of Buena Vista, Agua Hedionda, and Batiquitos Lagoons are at risk for tsunami run-up. Of the 18 rezone sites, Sites 1 and 2 are within or adjacent to the maximum tsunami run-up area. Seiches are wave-like oscillatory movements that occur in enclosed water bodies such as lakes or reservoirs due to winds or seismic activity. Potential effects of seiches include flooding and related hazards from spilling or overflowing water. Areas at risk of seiche typically overlap with dam inundation zones, as shown in Figure 4.8-3. Of the 18 rezone sites, Site 4 could be subject to a seiche. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-5 Figure 4.8-2 FEMA Flood Hazard Zones in Carlsbad t• I Flood Hazards 6 1• Poten ,a figure -· Ill If d ZonC! ( I 00 YC!ar I Chance! Floo 1% Annua. h Risk Areas) Flood • Hig I Flood Zone !%Annual an H' h Risk Coasta Ch ce Coasta I (I00Year Flood. ,g Areas) -~ Highways _ Major Street Planned Street Railroad , -• • City limits :.... .. J 05 Miles FEMA 2019 . • City of Cwlsbl!ld, 2012; . Source:. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-6 Figure 4.8-3 Dam Inundation Zones in Carlsbad --·-·1-. ___ (J--.f'·-,,, ____________ , e .. , r----r-·· ' '_,.; 0 C "" Q 1 I '---·1 R::r~il I i I I ! _________ j i \ Inundation i Zone i I .... _____ J Figure 6-2: Dam Inundation Areas ~ Dams & Reservoirs * Dam Inundation Points ~ Dam Inundation Areas =Highw:iys =MajorStreet ===== Planned Street ~-~ Railroad [_~~~] City limits ("'The~ is no inundation zone associated with Bressi Dam) 500ACRES 100 ACRES Source: City of Carlsbad, 2013; SAN DAG, 20 I J; DUDEK, 2013; Dyett&Bhatia,2013. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-7 Figure 4.8-4 Tsunami Hazard Areas in Carlsbad p D C ( I C (.) C D n ' ··-··-··-: 0 ,..._~ '\:: ¼ '\ \'i 'r-\ ,, ,, :, ! i r·-··-··.J I i i _______ r LJ Figure 6-3: Maximum Tsuna • • m, Pro1ected Run-up ,A.. Histor T ~ ic sunamiEff ect Felt :;;;:, >:) FEMA VE -Zen, (High Risk) Maximum Tsunami Pro· 1ected Runup -~ Highways =MajorStreet Planned Street ,,,~,C' ""' ' , ,tyofCarl$bad,2013;SANOAG,2012·D ' yett&BhaUa,201). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-8 e. Water Quality The primary sources of pollution to surface and groundwater resources include stormwater runoff from paved areas, which can contain hydrocarbons, sediments, pesticides, herbicides, toxic metals, and coliform bacteria. Improperly placed septic tank leach fields and properly placed septic tanks that do not have proper residence time or are not properly maintained or have improperly disposed of household cleaners and other materials can cause similar types of contamination. Illegal waste dumping can introduce contaminants such as gasoline, pesticides, herbicides and other harmful chemicals (City of Carlsbad 2023). As discussed above, the Batiquitos Lagoon Valley Groundwater Basin is located within Carlsbad. The overall groundwater storage capacity and storage levels are currently unknown. The groundwater in this basin is not considered a good source of irrigation or municipal use due to the high content of chloride, sulfate, and total dissolved solids. 4.8.2 Regulatory Setting Development in Carlsbad is subject to various local, State, and federal regulations and permits regarding the use of water resources. a. Federal Clean Water Act The Federal Clean Water Act, enacted by Congress in 1972 and amended several times since, is the primary federal law regulating water quality in the United States and forms the basis for several State and local laws throughout the country. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. The Clean Water Act gave the U.S. Environmental Protection Agency (USEPA) authority to implement federal pollution control programs, such as setting water quality standards for contaminants in surface water, establishing wastewater and effluent discharge limits for various industry contaminants in surface water, establishing wastewater and effluent discharge limits for various industry categories, and imposing requirements for controlling nonpoint-source pollution. At the federal level, the Clean Water Act is administered by the USEPA and U.S. Army Corps of Engineers (USACE). At the State and regional levels in California, the act is administered and enforced by the State Water Resources Board (SWRCB) and the nine regional water quality control boards (RWQCBs). Clean Water Act Section 401 Under Section 401 of the Clean Water Act, the RWQCBs have regulatory authority over actions in waters of the United States and/or the State of California through the issuance of water quality certifications, which are issued in conjunction with any federal permit (e.g., permits issued by the USACE under Section 404 of the Clean Water Act, described above). Section 401 of the Clean Water Act provides the SWRCB and the RWQCBs with the regulatory authority to waive, certify, or deny any proposed activity that could result in a discharge to surface waters of the State. To waive or certify an activity, these agencies must find that the proposed discharge would comply with State water quality standards, including those protecting beneficial uses and water quality. If these agencies deny the proposed activity, the federal permit cannot be issued. This water quality certification is generally required for projects requiring Section 404 authorization involving the discharge of dredged or fill material to wetlands or other waters of the United States. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-9 Clean Water Act Section 402 Section 402 of the Clean Water Act requires that all construction sites on an acre or greater of land, as well as municipal, industrial and commercial facilities discharging wastewater or stormwater directly from a point source (e.g., pipe, ditch, or channel) into a surface water of the United States must obtain permission under the National Pollutant Discharge Elimination System (NPDES) permit. All NPDES permits are written to ensure that the surface water receiving discharges will achieve specified water quality standards. According to federal regulations, NPDES permit coverage for stormwater discharges associated with construction activity can be obtained through individual State permits or general permits. Individual permitting involves the submittal of specific data on a single construction project to the appropriate permitting agency that will issue a site-specific NPDES permit to a project. NPDES coverage under a general permit involves the submittal of a Notice of Intent by the regulated construction project that they intend to comply with a general permit to be developed by USEPA or a state with delegated permitting authority. Clean Water Act Section 404 Under Section 404 of the Clean Water Act, proposed discharges of dredged or fill material into waters of the United States require USACE authorization. Waters of the United States generally include tidal waters, lakes, ponds, rivers, streams (including intermittent streams), and wetlands (with the exception of isolated wetlands). Federal regulations are currently pending that would revise the definition of “waters of the United States” subject to Section 404 of the Clean Water Act, as further discussed in Section 4.3, Biological Resources. National Flood Insurance Act/Flood Disaster Protection Act The National Flood Insurance Act of 1968 made flood insurance available for the first time. The Flood Disaster Protection Act of 1973 made the purchase of flood insurance mandatory for the protection of property located in Special Flood Hazard Areas. These laws are relevant because they led to mapping of regulatory floodplains and to local management of floodplain areas according to guidelines that include prohibiting or restricting development in flood hazard zones. Federal Emergency Management Agency FEMA administers the National Flood Insurance Program (NFIP) to provide subsidized flood insurance to communities that comply with FEMA regulations limiting development in floodplains. FEMA also issues Flood Insurance Rate Maps (FIRMs) that identify which land areas are subject to flooding. These maps provide flood information and identify flood hazard zones in the community. The design standard for flood protection is established by FEMA. FEMA’s minimum level of flood protection for new development is the 100-year flood event, also described as a flood that has a one percent chance of occurring in any given year. FEMA has also developed requirements and procedures for evaluating earthen levee systems and mapping the areas affected by those systems. Levee systems are evaluated for their ability to provide protection from 100-year flood events and the results of this evaluation are documented in the FEMA Levee Inventory System (FLIS). Levee systems must meet minimum freeboard standards and must be maintained according to an officially adopted maintenance plan. Other FEMA levee system evaluation criteria include structural design and interior drainage. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-10 b. State Clean Water Act Section 402 In California, the NPDES program is administered by the SWRCB through the RWQCBs and requires municipalities to obtain permits that outline programs and activities to control wastewater and stormwater pollution. The Federal Clean Water Act prohibits discharge of stormwater from construction projects unless the discharge is in compliance with an NPDES permit. The SWRCB is the permitting authority in California, and adopted an NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) (Order 2009-0009, as amended by Orders 2010-0014-DWQ and 2012-006-DWQ). Containment and spill cleanup are also encompassed in the Storm Water Pollution Prevention Plan (SWPPP). This includes inspections for spills, a requirement that chemicals be stored in watertight containers with secondary containment to prevent spillage or leakage, procedures for addresses hazardous and non-hazardous spills, including a spill response and implementation procedure, include on-site equipment for cleanup and spills, and spill training for construction personnel.1 The order applies to construction sites that include one or more acre of soil disturbance. Construction activities include clearing, grading, grubbing, excavation, stockpiling, and reconstruction of existing facilities involving removal or replacement. The Construction General Permit requires that the landowner and/or contractor file permit registration documents prior to commencing construction and then pay a fee annually through the duration of construction. These documents include a notice of intent, risk assessment, site map, stormwater pollution prevention plan (SWPPP), and signed certification statement. The SWPPP must include measures to ensure that: all pollutants and their sources are controlled; non-stormwater discharges are identified and eliminated, controlled, or treated; site best management practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges; and BMPs installed to reduce or eliminate pollutants after construction are completed and maintained. The Construction General Permit specifies minimum BMP requirements for stormwater control based on the risk level of the site. Porter-Cologne Water Quality Control Act The Porter-Cologne Water Quality Control Act (Division 7 of the California Water Code) is the primary statute covering the quality of waters in California. Under the act, SWRCB has the ultimate authority over the State’s water quality policy. SWRCB administers water rights, water pollution control, and water quality functions throughout the state, while the nine RWQCBs conduct planning, permitting, and enforcement activities. The RWQCBs also regulate water quality under this act through the regulatory standards and objectives set forth in Water Quality Control Plans (also referred to as Basin Plans) prepared for each region. California Toxics Rule Because California had not established a complete list of acceptable water quality criteria for toxic pollutants, EPA Region IX established numeric water quality criteria for toxic constituents in the form of the California Toxics Rule (CTR). The CTR provides water quality criteria for certain potentially toxic compounds for inland surface waters, enclosed bays, estuaries, and waters designated for human health or aquatic life uses. The CTR is often used by the RWQCBs when 1 See https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo_2009_0009_complete.pdf Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-11 establishing water quality objectives and TMDLs. Although the CTR criteria do not apply directly to discharges of storm water runoff, they are utilized as benchmarks for toxics in urban runoff. The CTR is used as a benchmark to evaluate the potential ecological impacts of storm water runoff to receiving waters. The CTR establishes acute and chronic surface water quality standards for certain water bodies. Acute criteria provide benchmarks for the highest permissible concentration below which aquatic life can be exposed for short periods of time without deleterious effects. Chronic criteria provide benchmarks for an extended period of time (i.e., 4 days or more) without deleterious effects. The acute CTR criteria have a shorter relevant averaging period (less than 4 days) and provide a more appropriate benchmark for comparison for storm water flows. CTR criteria apply to the receiving water body and are calculated based on the probable hardness values of the receiving waters. At higher hardness values for receiving waters, certain constituents (including copper, lead, and zinc) are more likely to be complexed (bound with) components in the water column. This in turn reduces the bioavailability and resulting potential toxicity of these metals. California General Plan Law, Government Code Section 65302 Government Code Section 65302(a) requires cities and counties located within the state to review the Land Use, Conservation, and Safety elements of the general plan "for the consideration of flood hazards, flooding, and floodplains" to address flood risks. The code also requires cities and counties in the state to annually review the land use element with respect "those areas covered by the plan that are subject to flooding identified by floodplain mapping prepared by FEMA or the California DWR." Sustainable Groundwater Management Act (SGMA) Effective in 2015, SGMA creates a framework for sustainable, local groundwater management in California. SGMA allows local agencies to customize groundwater sustainability plans to their regional economic and environmental needs. This act requires local regions to create a GSA and to adopt groundwater management plans for groundwater basins or subbasins that are designated as medium or high priority. High-priority and medium-priority basins or subbasins must adopt groundwater management plans by 2020 or 2022, depending upon whether the basin is in critical overdraft. GSAs will have until 2040 or 2042 to achieve groundwater sustainability. California Coastal Act The California Coastal Act of 1976 (Coastal Act) and the California Coastal Commission (CCC), the state’s coastal protection and planning agency, were established by voter initiative in 1972 to plan for and regulate new development, and to protect public access to and along the shoreline. The Coastal Act considers water quality and water-related public safety concerns as issues of public importance. To provide maximum public access to the coast and public recreation areas, the Coastal Act directs each local government located within the coastal zone to prepare a Local Coastal Program consistent with Section 30501 of the Coastal Act, in consultation with the Coastal Commission and with public participation. California Ocean Plan The Ocean Plan is one of five statewide water quality control plans established by the SWRCB to preserve and enhance California’s territorial ocean waters for the use and enjoyment of the public. The Ocean Plan provides control for the discharge of waste to ocean waters and ensures the City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-12 protection of beneficial uses of ocean waters. Discharge of waste can include stormwater runoff, municipally-treated sewage outflow, and other discharges by industry under RWQCB and SWRCB permits. The Ocean Plan sets forth water quality objectives for protection of marine aquatic life as well as objectives for bacterial, physical, chemical, and biological characteristics for ocean waters. The Ocean Plan is reviewed every three years to guarantee its water quality objectives are adequate to prevent degradation of marine species and protect public health. The Ocean Plan was first adopted by the SWRCB on July 6, 1972 and has been amended several times. The most recent amendment to the Ocean Plan was in 2019 to incorporate revised statewide bacteria water quality objectives and implementation options to protect recreational users from the effects of pathogens. c. Regional and Local San Diego Basin – Region 9, Water Quality Control Plan In accordance with the criteria in the California Porter–Cologne Water Quality Control Act, and other pertinent state and federal rules and regulations, each RWQCB is responsible for water quality control planning within their region, often in the form of a basin plan. San Diego County falls within the jurisdiction of Region 9 of the RWQCB. The San Diego Basin—Region 9, Water Quality Control Plan establishes standards for compliance in the San Diego Basin. The RWQCB is also responsible for implementing the provisions of the General Permit, including reviewing Storm Water Pollution Prevention Plans and monitoring reports, conducting compliance inspections, and taking enforcement actions. San Diego Region Municipal Stormwater Permit (MS4 Permit) The Clean Water Act amendments of 1987 established a framework for regulating stormwater discharges from municipal, industrial, and construction activities under the NPDES program. The NPDES permit program, as authorized by Section 402 of the Clean Water Act, was established to control water pollution by regulating point sources that discharge pollutants into waters of the United States. In California, the SWRCB administers the NPDES municipal stormwater permitting program through the nine regional boards. Pursuant to the Municipal Stormwater Permit (Order No. R9-2013-0001, as amended by Orders R9-2015-0001 and R9-2015-0100; NPDES Permit No. CAS0109266) issued by the San Diego RWQCB, co-permittees are required to develop and implement construction and permanent stormwater BMP regulations addressing stormwater pollution associated with private and public development projects. Development projects are also required to include BMPs to reduce pollutant discharges from the project site in the permanent design. The Municipal Stormwater Permit outlines the individual responsibilities of the co- permittees including, but not limited to, the implementation of management programs, BMPs, and monitoring programs, within their jurisdiction and their watershed(s). BMPs associated with the final design are described in the Model Standard Urban Stormwater Mitigation Plan. The County of San Diego requires a stormwater management plan to describe potential construction and post- construction pollutants and identify BMPs to protect water resources. In addition, the RWQCB’s Municipal Stormwater Permit requires control of hydromodification, or changes in the natural flow pattern (surface flow or groundwater) of an area due to development. Hydromodification can be managed by reducing runoff flow and volume, along with including BMPs that reduce volume. Supplemental Environmental Impact Report 4.8-13 Environmental Impact AnalysisHydrology and Water Quality Jurisdictional Runoff Management Program The city has developed a Jurisdictional Runoff Management Program (JRMP) to comply with Municipal Permit Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES Permit No. CAS0109266, issued by the State of California San Diego Regional Water Quality Control Board. The permit was issued on May 8, 2013 and amended on April 1, 2015 and on January 7, 2016. The JRMP helps to implement programs to reduce pollution in urban runoff, including programs to regulate new public and private land development during each of the three major phases of urban development, i.e., the planning, construction, and existing development (or use) phases (City of Carlsbad 2021). Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists several policies related to water supply and infrastructure in its Open Space, Conservation, and Recreation Element and Sustainability Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): Open Space, Conservation, and Recreation Element Policy 4-P.57 Work with the stakeholders in the community and region, such as but not limited to the San Diego Regional Water Quality Control Board (RWQCB), California Fish and Wildlife, US Fish and Wildlife, Coastal Commission, Army Corps of Engineers, Environmental Protection Agency, neighboring cities, counties, businesses, residents, and non-profit groups, to comply with applicable federal, state and local regulations related to water quality in our region, consistent with the city’s current NPDES Municipal Storm Water Permit issued by the RWQCB or other related regulations. Prepare and implement any applicable plans such as a Water Quality Improvement Plan, Integrated Regional Water Management Plan, Load Reduction Plan, or others as needed to comply with applicable regulations. Policy 4-P.58 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.59 Implement water pollution prevention methods to the maximum extent practicable, supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground or source of potential pollution) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4). Policy 4-P.60 Make any necessary structural control changes to the storm water conveyance system to remove or reduce storm water pollutant levels. Policy 4-P.61 Conduct analysis of the effectiveness of the overall pollution prevention programs in Carlsbad consistent with the city’s NPDES Municipal Storm Water Permit issued by the RWQCB or other related regulations. Policy 4-P.62 Continue to implement a program to detect and eliminate illicit connections to storm drains and illegal discharges of non-storm water wastes into storm water conveyance systems. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-14 Policy 4-P.63 Continue to implement a program for the testing and monitoring of storm water and/or non-storm water flows consistent with the city’s NPDES Municipal Storm Water Permit issued by the RWQCB or other related regulations. Policy 4-P.64 Preserve, where possible, natural watercourses or provide naturalized drainage channels within the city. Where feasible, implement restoration and rehabilitation opportunities. Policy 4-P.65 Coordinate the needs of storm water pollution management with habitat management, flood management, capital improvement projects, development, aesthetics and other open space needs. Sustainability Element Policy 9-P.3 Develop and implement a water sub-metering ordinance for new multi-family rental and mixed-use buildings. Policy 9-P.6 Promote the use of on-site gray water and rainwater collection systems through education, expedited permitting review, fee exemptions and other measures. The General Plan has policies related to flooding hazards, which would be replaced by policies within the proposed Public Safety Element update. City of Carlsbad Grading and Drainage Ordinance CMC Title 15 is the city’s Grading and Drainage Ordinances. The Grading and Drainage Ordinances establish minimum requirements for grading associated with development under CMC Titles 20 (Subdivisions) and 21 (Zoning). The Grading Ordinance requires that a grading permit be obtained prior to grading, including the clearing and grubbing of vegetation. The permit requires a stormwater maintenance program, construction SWPPP, and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. Chapters 15.08 and 15.12 of the Grading Ordinance address drainage and stormwater management and discharge. The purpose of these chapters is to ensure the completion of drainage facilities, and to protect and enhance the water quality of receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and municipal permit. The city’s efforts include prohibiting non-stormwater discharges to the stormwater conveyance system; eliminating discharges to the stormwater conveyance system from spills, dumping, or disposal of materials other than stormwater or permitted or exempted discharges; reducing pollutants in stormwater discharges to the maximum extent practicable; and reducing pollutants in stormwater discharges to achieve applicable water quality objectives for receiving waters within Carlsbad. Chapter 15.16 of the CMC establishes minimum requirements for grading and dictates that a grading permit is required for any grading. The Grading Ordinance is intended to facilitate appropriate planning, design, and construction of development within the city, while ensuring compatibility with associated physical conditions, environmental resources, and legal/regulatory requirements. The grading permit requires a stormwater maintenance program, construction stormwater pollution prevention plan, and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-15 City of Carlsbad Coastal Shoreline Development Overlay Zone The City of Carlsbad addresses coastal shoreline development in CMC Chapter 21.204. The land use regulations included in the Municipal Code provide for control over development and land use along the coastline so that the public’s interest in maintaining the shoreline as a unique recreational and scenic resource, promoting public safety and access, and avoiding adverse geologic and economic effect of bluff erosion, is adequately protected. Geotechnical reports are required for all development within the overlay zone and must include the potential for flooding due to sea surface super elevation, wave run-up, tsunami, and river flows. Mitigation measures and alternative solutions are required for any potential impact identified in a geotechnical report. City of Carlsbad Floodplain Management Regulations The City of Carlsbad addresses flood hazards areas in its Floodplain Management Regulations (CMC Chapter 21.110), which requires a special use permit for any development proposed in areas of special flood hazards and areas of flood-related erosion hazards. The Floodplain Management Regulations restrict or prohibit land uses considered unsafe in a floodplain. They address standards of construction such as anchoring of structures, construction materials and methods, elevations and flood proofing. Developments that are not subject to the Floodplain Management Regulations are also reviewed by the City of Carlsbad Land Development Engineering Division for flooding potential. Proposed grading and drainage improvements are analyzed to ensure that drainage is not diverted from its natural drainage basin to another basin that was not designed to take that additional flow. 4.8.3 Impact Analysis a. Methodology and Significance Thresholds In accordance with Appendix G of the CEQA Guidelines, impacts would be considered significant if the proposed project would: Violate any water quality standards or waste discharge requirements (WDR’s) or otherwise substantially degrade surface or ground water quality; Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin; Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: a. result in substantial erosion or siltation on- or off-site, b. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite, c. 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, or d. impede or redirect flood flows; In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation; Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. 1. 2. 3. 4. 5. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-16 b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to hydrology, flooding, and water quality would be less than significant, including for water quality standards and waste discharge requirements, depletion of ground water, erosion, siltation, and on-site or off-site flooding (Section 3.8, Hydrology and Flooding/Water Quality: 3.8-20 through 3.8-32). It also found that new development under the General Plan would not create runoff beyond existing storm drain system capacities or substantially degrade water quality, and impacts would be less than significant. It further stated that individual development projects would be subject to project-specific development and planning review to conform to zoning, design standards, and other regulations concerning hydrology, flooding, and water quality. The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to hydrology and water quality. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to hydrology or water quality would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Impact HYD-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT VIOLATE WATER QUALITY STANDARDS OR WATER DISCHARGE REQUIREMENTS, OR OTHERWISE SUBSTANTIALLY DEGRADE SURFACE OR GROUNDWATER QUALITY DUE TO ADHERENCE TO EXISTING COMPLIANCE WITH STATE AND LOCAL REGULATIONS AND PERMIT REQUIREMENTS WHICH REQUIRE USE OF BMPS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Construction Construction activities associated with future development under the proposed project on the 18 rezone sites could result in soil erosion due to earth-moving activities such as excavation, grading, soil compaction and moving, and soil stockpiling. Specific development associated with the project would be required to comply with State and local water quality regulations designed to control erosion and protect water quality during construction. This includes compliance with the requirements of the SWRCB Construction General Permit, which requires preparation and implementation of a SWPPP for projects that disturb one acre or more of land. Future development built under the project greater than one acre in size would be subject to the SWRCB Construction General Permit and would be required to develop a SWPPP. The SWPPP must include erosion and sediment control BMPs that would meet or exceed measures required by the Construction General Permit. BMPs to reduce potential construction impacts may include measures such as the installation of silt fences to trap sediments, slope stabilization, and regular sweeping of construction sites to control dust. Post-construction stormwater performance standards are also required to Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-17 specifically address water quality and channel protection events. Implementation of the required SWPPP and applicable City ordinances would reduce the potential for eroded soil and any contaminants attached to that soil to contaminate a waterbody following a storm event. Additionally, as was found in the 2015 General Plan EIR, policies 4-P.57 through 4-P.65 of the Open Space, Conservation, and Recreation Element would reduce impacts to water quality by requiring construction BMPs and implementing water pollution prevention methods. Construction impacts to surface and groundwater quality would be less than significant. Operation The proposed project would facilitate development of 3,280 units on the 18 rezone sites. The City of Carlsbad is a permittee under the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within San Diego County. Specific project development would be required to adhere to all requirements under the San Diego County Municipal Stormwater Permit. Future developments under the project would employ low-impact development (LID) techniques and stormwater control measures as outlined under CMC Chapter 15.12.080. The city’s LID control measures aim to conserve natural areas, protect slopes and channels, provide storm drain system stenciling and signage, divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability, and direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. Furthermore, development under the project would be required to comply with CMC Chapter 15.12 Stormwater Management and Discharge Control and Chapter 18.48, Stormwater Pollution Prevention. These chapters of the CMC outline requirements and BMPs for both construction and operation of projects to reduce the discharge of sediment and other particulate matter into the city’s groundwater system. Compliance with the regulations, permit requirements, and BMPs, described above would prevent or minimize impacts related to water quality by reducing pollutants of concern in stormwater runoff and ensuring that construction and operation of all future development under the project would not cause or contribute to the degradation of water quality in receiving waters. As was found in the 2015 General Plan EIR, compliance with policies 4-P.57 to 4-P.65 would reduce impacts. Construction and operation of specific developments built under the project would not violate any water quality standards or WDRs or otherwise substantially degrade water quality, and water quality impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 2: Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Impact HYD-2 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT INTERFERE SUBSTANTIALLY WITH GROUNDWATER RECHARGE SUCH THAT THE PROJECT MAY IMPEDE SUSTAINABLE GROUNDWATER MANAGEMENT OF THE BATIQUITOS LAGOON VALLEY GROUNDWATER BASIN. IMPACTS WOULD BE LESS THAN SIGNIFICANT. As described in the Environmental Setting section above, the only groundwater basin within the city is the Batiquitos Lagoon Valley Groundwater Basin. The groundwater in this basin is not considered City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-18 a good source of irrigation or municipal use due to the high content of chloride, sulfate, and total dissolved solids. The project would allow for additional development within Carlsbad that could increase demands for water; however, this increase in water demand would not impact local groundwater supplies as the primary purveyor of water for the city is the Carlsbad Municipal Water District (CMWD), which currently does not utilize any local groundwater or surface water supplies to serve the city. Development facilitated by the project would incrementally increase the amount of impervious surface in the project area, which could incrementally reduce the potential for groundwater recharge from infiltration of precipitation. Development under the project would primarily be infill development in previously disturbed and/or paved areas and increase in impervious surface area introduced by new housing development would be marginal. In addition, the city requires new construction and redevelopment to use LID techniques. These techniques would ensure that pervious surfaces are incorporated into development that would be facilitated by the project. Therefore, impacts of impervious surfaces on groundwater recharge would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3a: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site? Threshold 3b: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Threshold 3c: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would 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? Impact HYD-3 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT MAY ALTER DRAINAGE PATTERNS AND INCREASE RUNOFF IN THE PROJECT AREA, BUT WOULD NOT RESULT IN SUBSTANTIAL EROSION OR SILTATION, RESULT IN INCREASED FLOODING, EXCEED THE CAPACITY OF EXISTING OR PLANNED STORMWATER DRAINAGE SYSTEMS, OR RESULT IN SUBSTANTIAL ADDITIONAL POLLUTED RUNOFF. IMPACTS WOULD BE LESS THAN SIGNIFICANT. Construction Construction activities associated with development of the 18 rezone sites would involve stockpiling, grading, excavation, dredging, paving, and other earth-disturbing activities resulting in the alteration of existing drainage patterns. As described under Impact HYD-1 above, compliance with SWRCB’s NPDES Construction General Permit, and the CMC would reduce the risk of short- Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-19 term erosion and increased runoff resulting from drainage alterations during construction. Therefore, impacts would be less than significant. Operation The project would facilitate development at the 18 rezone sites, most of which are already developed and include impervious surfaces. Drainage patterns at those sites could be altered through the introduction of new impervious surfaces and infrastructure. However, future development on already developed sites would not have a substantial effect on drainage patterns or stormwater runoff volumes due to the relatively minor change in impervious surface area compared with development on vegetated vacant sites. Sites 3, 4, 6, 7, 9, 10, 11, and 12 are largely vacant and generally do not contain impervious surfaces. changes in impervious surfaces associated with development facilitated by the project would increase the rate and/or amount of surface runoff, redirect runoff to different discharge locations, or concentrate runoff from sheet flow to channelized flow. Surface water runoff rate and amount is determined by multiple factors, including the amount and intensity of precipitation, amount of other imported water that enters a watershed, and amount of precipitation and imported water that infiltrates to the groundwater. Infiltration is also determined by several factors, including soil type, antecedent soil moisture, rainfall intensity, the amount of impervious surfaces in a watershed, and topography. The rate of surface runoff is largely determined by topography. Runoff that does not infiltrate would be captured in the city’s storm drain system and ultimately discharged to the Pacific Ocean. Development at the 18 rezone sites facilitated by the project would adhere to existing regulatory requirements that instruct stormwater management, including management of rainfall at the source by infiltrating stormwater as close to the source as practicable. Per NPDES requirements, post-construction peak runoff must be maintained at or below pre-project levels. Impact HYD-1 discusses applicable regulations that would limit pollutant discharges, including sediment and silt, from development under the project. As discussed above for Impact HYD-1, the CMC requires BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as a requirement of the Municipal Stormwater Permit. The CMC also sets forth requirements and BMPs pertaining to the mitigation of erosion, sediment control and runoff as outlined in CMC Chapter 15.12 and Chapter 15.16. The city incorporates such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. Furthermore, the city’s LID ordinance in Chapter 15.12.080 aims to specifically reduce the amount of surface runoff and aid in groundwater recharge through techniques such as infiltration, evapotranspiration, bioretention and/or rainfall harvest and additional uses in accordance with the requirements set forth in the MS4 permit and the LID standards manual. As was found in the 2015 General Plan EIR, compliance with 2015 General Plan policies would further reduce impacts. Given compliance with the above regulations and requirements, the project would not alter the existing drainage patterns or contribute runoff water in a manner which would result in substantial erosion, siltation, or flooding, nor would it exceed the capacity of existing or planned stormwater drainage systems. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-20 Threshold 3d: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows? Threshold 4: In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation? Impact HYD-4 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT MAY INCREASE IMPERVIOUS SURFACES ON INDIVIDUAL PROJECT SITES DUE TO THE CONSTRUCTION OF NEW DEVELOPMENT BUT WOULD NOT SUBSTANTIALLY ALTER DRAINAGE PATTERNS TO SUCH A DEGREE THAT IT WOULD IMPEDE OR REDIRECT FLOOD FLOWS. IMPACTS WOULD BE LESS THAN SIGNIFICANT. As stated in Section 4.8.1, Setting, a small portion of the city is located within a 100-year floodplain area. These areas are located along the Buena Vista, Agua Hedionda, and San Marcos Creeks and the Buena Vista, Agua Hedionda, and Batiquitos Lagoons. A portion of site 4 contains designated floodplain areas near Agua Hedionda Creek. Development on this site would be required to comply with CMC Chapter 21.110, Floodplain Management Regulations, which sets forth design requirements in flood-prone areas such as elevating all residential structures at least two feet above the base flood elevation and constructed with materials that can resist strong hydrostatic and hydrodynamic loads. Housing Sites 1 and 2 are within or proximate to tsunami hazard zones, and Site 4 could be impacted by a seiche or dam failure. Inundation of development within these sites could risk release of pollutants due to project inundation. However, all specific project development under the project would be required to comply with all regulations and requirements set forth by FEMA and the CMC. With compliance to the above regulations and measures, impacts to flood flows and the release of pollutants in flood-prone areas would be reduced. Additionally, the Public Safety Element Update would include policies 6-P.1 through 6-P.12, which would implement and develop flood control programs and require installation of protective structures to minimize impacts of flooding. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Environmental Impact Analysis Hydrology and Water Quality Supplemental Environmental Impact Report 4.8-21 Threshold 5: Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Impact HYD-5 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT SUBSTANTIALLY IMPEDE RECHARGE IN CARLSBAD AND WOULD BE SERVED BY CMWD’S EXISTING AND PLANNED POTABLE WATER SUPPLIES. DEVELOPMENT UNDER THE PROJECT MAY AFFECT WATER QUALITY AND GROUNDWATER SUPPLY THROUGH CONSTRUCTION AND OPERATIONAL ACTIVITIES BUT WOULD NOT CONFLICT WITH OR OBSTRUCT IMPLEMENTATION OF A WATER QUALITY CONTROL PLAN OR SUSTAINABLE GROUNDWATER MANAGEMENT PLAN. IMPACTS WOULD BE LESS THAN SIGNIFICANT. As discussed under HYD-2, housing developments facilitated by the project would be served by the CMWD. The CMWD provides potable water, wastewater treatment, recycled water to about 92,000 residents in the city (CMWD 2021). CMWD supply is purchased the San Diego County Water Authority, which receives its water supply from the Colorado River, Sacramento-San Joaquin Delta, and the Carlsbad desalination plant. Groundwater is not extracted for potable supply, and a Groundwater Sustainability Plan for the Batiquitos Lagoon Valley Groundwater Basin has not been prepared. Therefore, the project would not obstruct a sustainable groundwater management plan. The project area is in the San Diego RWQCB Basin Plan area. Development under the proposed project may affect water quality and groundwater supply through construction and operational activities. As discussed in Impact HYD-1, compliance with relevant water quality regulations, BMPs, and policies would reduce the risk of water degradation from soil erosion and other pollutants related to construction and operational activities of development under the project. The requirements of the San Diego County Municipal Stormwater permit, Construction General Permit, and applicable CMC ordinances are intended to protect water quality and support attainment of water quality standards in downstream receiving water bodies. With incorporation of the BMPs described above under Impacts HYD-1 and HYD-3 in accordance with the San Diego County Municipal Stormwater permit, Construction General Permit, and CMC requirements, future development built under the project would not impair existing or potential beneficial uses of nearby or downstream water bodies and would not conflict with or obstruct implementation of the Basin Plan. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts The geographic scope for cumulative hydrology and water quality impacts is the Carlsbad Watershed Management Area. This geographic scope is appropriate for hydrology and water quality because water quality impacts are localized in the watershed where the impact occurs. Cumulative development would generally increase impermeable surface area in Carlsbad’s watersheds. Development would potentially increase peak flood flows, alter drainage patterns, reduce groundwater recharge, and increase pollutants in the regional stormwater. However, all cumulative development would also be required to adhere to all applicable State and local regulations designed to control erosion and protect water quality, including the CMC, NPDES Construction General Permit and the Municipal Stormwater Permit. All construction sites larger than one acre in size would be required to prepare and submit a SWPPP, thereby reducing the risk of City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.8-22 water degradation on- and off-site from soil erosion and other pollutants. This would reduce the quantity of stormwater runoff that enters the storm drainage system and discharges to the Pacific Ocean. Implementation of NPDES and CMC requirements would also reduce the potential for increased pollutants in stormwater and groundwater. The Construction General Permit requires the implementation of BMPs on all construction sites to limit erosion and sedimentation, thereby minimizing water quality impacts. The requirements of the CMC and the Municipal Stormwater Permit would also decrease operational effects of cumulative development because each development proposal would be required to reduce the on-site post-development peak discharges at or below pre-development peak discharge rates by implementing on-site LID features and other groundwater recharge design elements. Compliance with mandatory Clean Water Act (NPDES Construction General Permit and MS4 General Permit) and CMC requirements would further reduce the potential for water quality degradation and violations of water quality standards as a result of cumulative development. Therefore, cumulative impacts would be less than significant. As discussed under Impacts HYD-1 and HYD-3, development under the project would increase impervious surface at the 18 rezone sites and may alter drainage patterns. Cumulative development in the Carlsbad watershed may also increase impervious surfaces resulting in localized impacts. However, projects would be analyzed and mitigated on a case-by-case basis and would be designed to avoid or mitigate potential impacts related to runoff and groundwater recharge in compliance with the jurisdiction’s Municipal Code, relevant water quality regulations, BMPs, and policies which would help reduce the risk of water degradation from soil erosion and other pollutants related to project construction and operational activities. Construction and operation of all cumulative development would be required to comply with the City’s LID ordinance as outlined in CMC Chapter 15.12.080 which aims to specifically reduce the amount of surface runoff and aid in groundwater recharge through techniques such as infiltration, evapotranspiration, bioretention and/or rainfall harvest. Compliance with the City’s LID ordinance and the County’s MS4 permit would reduce impacts to water quality and groundwater recharge. Impacts from the project on water quality and groundwater recharge would be less than significant. As discussed under Impact HYD-4, portions of Carlsbad are located within a 100-year flood hazard area; however, only site 4 (and only a portion of the site) is in a flood zone. Cumulative development in other areas in the Carlsbad watershed that are subject to inundation may have localized impacts. However, projects would be analyzed and mitigated on a case-by-case basis and would be designed to avoid or mitigate potential impacts related to flooding in compliance with the jurisdiction’s Municipal Code. Cumulative impacts related to flooding, seiche, and tsunami would therefore be less than significant. The project would not impede or redirect flood flows or risk release of pollutants due to inundation. Impacts from implementation of the project related to flood flows and inundation would be less than significant. Because flooding is localized and site-specific, the project would not have a cumulatively considerable contribution to a significant cumulative impact related to flood hazard or inundation risks. As discussed under Impacts HYD-2 and HYD-5, the project would increase the demand for water in the CMWD service area. Cumulative development in the CMWD service area would increase the demand for water from CMWD. However, groundwater is not a component of CMWD water supply and would not be affected by the increased population resulting from cumulative development. Therefore, development facilitated by the project would not result in a significant cumulative impact. Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-1 4.9 Land Use and Planning This section analyzes the consistency of the proposed project with applicable land use plans, policies, and regulations, and identifies environmental effects that would arise from any inconsistencies. 4.9.1 Setting Carlsbad occupies approximately 39 square miles of rolling hills, beaches and bluffs along the northern coast of San Diego County. The city is located about 30 miles north of San Diego and about 90 miles south of Los Angeles. The geographically dominant land use in Carlsbad is residential, with neighborhoods distributed throughout the city. The 2015 General Plan includes a Land Use Map identifying types of uses and densities/intensities of each use permitted in the city. Table 2-2 in Section 2, Project Description, describes the extent of existing land use designations showing open space, planned communities, and single-family residential development with the largest shares, respectively. Other designations include Office, General Commercial, Industrial, Planned Industrial, and Residential Density – Multiple. Table 4.9-1 shows the current land use designations for the 18 rezone sites. The sites are currently designated for low-density residential, commercial, industrial, or public land use. Table 4.9-1 Existing Land Use Designations Site # Location APN Current Land Use Designation Site 1 North County Plaza 156-301-16 R - Regional Commercial/OS - Open Space Site 2 The Shoppes at Carlsbad parking lot 156-301-11 R - Regional Commercial/OS - Open Space 156-302-35 R – Regional Commercial 156-301-06 R – Regional Commercial 156-301-10 R – Regional Commercial 156-302-23 R – Regional Commercial Site 3 Chestnut at El Camino Real 167-080-33, 34, 41 and 42 R-4 – Residential 0-4 du/ac Site 4 Zone 15 Cluster 209-060-72 R-4 – Residential 0-4 du/ac OS – Open Space 209-090-11 R-15- Residential 8-15 du/ac L-Local Shopping Center Site 5 Avenida Encinas Car Storage Lot 210-090-24 PI – Planned Industrial Site 6 Crossings Golf Course Lot 5 212-270-05 PI – Planned Industrial O – Office Site 7 Salk Avenue 212-021-04 O – Office Site 8 Cottage Row Apartments 212-040-47 R-4 – Residential 0-4 du/ac Site 9 West Oaks Industrial 212-040-26 and 212-110-01 to -08 PI and OS – Open Space Site 10 Bressi Ranch Colt Place 213-262-17 PI – Planned Industrial City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-2 Site # Location APN Current Land Use Designation Site 11 Bressi Ranch Gateway Road 213-263-19, 213-263-20 PI – Planned Industrial Site 12 Industrial Sites East of Melrose 221-015-08, 221-014-03 PI – Planned Industrial Site 14 Carlsbad Village COASTER Station 155-200-11 and 12, 760-166-37, 203-296-12 V-B Village-Barrio Site 15 City's Oak Yard 204-010-05, 204-010-06 V-B Village-Barrio Site 16 Caltrans Maintenance Station/Pacific Sales 211-050-08, 09 GC – General Commercial P – Public Site 17 Poinsettia COASTER Station 214-150-08, 214-150-20, 214-150- 11 P – Public TC – Transportation Corridor Site 18 North Ponto Parcels 216-010-01, 02, 03, 04, 05; 214-160- 25 and 28; 214-171-11 R-15 - Residential 8-15 du/ac VC - Visitor Commercial GC – General Commercial Site 19 La Costa Glen/Forum 255-012-05 R - Regional Commercial/OS - Open Space 4.9.2 Regulatory Setting a. Federal There are no federal regulations that directly pertain to land use and planning. Federal regulations that indirectly affect land use and planning pertaining to air quality, energy, GHGs, noise, and transportation and the impacts of those regulations are discussed in their respective sections of this SEIR. b. State General Plan Law (California Government Code Section 65300) California Government Code Section 65300 regulates the substantive and topical requirements of general plans. State law requires that each city and county adopt a general plan “for the physical development of the county or city, and any land outside its boundaries which bears relation to its planning.” The California Supreme Court has called the general plan the “constitution for future development.” The general plan expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. California Coastal Act The California Coastal Act (Public Resources Code Section 30000 et seq.) authorizes the State of California to regulate development within the Coastal Zone, defined as the area between the seaward limits of the state’s jurisdiction and generally 1,000 yards landward from the mean high tide line of the sea. In Carlsbad, the Coastal Zone boundary generally encompasses the area east of the Pacific Ocean to El Camino Real, as shown in Figure 4.9-1. Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-3 Figure 4.9-1 Carlsbad Coastal Zone Boundary PACIFIC OCEAN 1Miles 0 Source: City of Carlsbad. N A City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-4 The basic goals of the Coastal Act, per Public Resources Code Section 30001.5, are: a. Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. b. Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. c. Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of property owners. d. Assure priority for coastal-dependent and coastal related development over other development on the coast. e. Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. The Coastal Act’s coastal resources planning and management policies cover six areas: public access, recreation, the marine environment, land resources, development, and industry. The policies articulate requirements for public access and for protection of marine resources and environmentally sensitive habitat areas. They lay out clear priorities for concentrating development in urbanized areas, preserving agriculture and open space, protecting fishing and coastal-dependent industry, promoting recreational use of the coast, and giving priority to visitor-serving commercial uses over general commercial or residential development. The Coastal Act requires that individual jurisdictions adopt local coastal programs (LCP) to implement the Coastal Act. Carlsbad’s LCP consists of a land use plan document (separate from the General Plan) containing land use policies and an implementation plan. The implementation plan consists of ordinances, including the city’s Zoning Ordinance and Municipal Code chapters on stormwater management and discharge control and grading and erosion control. It also includes various master and specific plans and the city’s Habitat management Plan and Drainage Master Plan. Development in the city’s Coastal Zone must comply with the LCP in addition to the General Plan. California Government Code Section 65301 Section 65301 of the California Government Code requires a general plan to address the geographic territory of the local jurisdiction and any other territory outside its boundaries that bears relation to the planning of the jurisdiction. The jurisdiction may exercise its own judgment in determining what areas outside of its boundaries to include in the planning area. The State of California General Plan Guidelines denotes that the planning area for a city should include (at minimum) all land within the city limits and all land within the city’s Sphere of Influence (SOI). California Government Code Section 65860(a) State law requires that general law city or town zoning ordinances be consistent with the general plan. A zoning ordinance is consistent with an adopted general plan only if the various land uses authorized by the zoning ordinance "are compatible with the objectives, policies, general land uses, and programs specified in such a plan" (Government Code Section 65860(a)). State law also provides that in the event a zoning ordinance becomes inconsistent with a general plan by reason of Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-5 amendment to such a plan, the zoning ordinance must be amended within a reasonable time so that it is consistent with the general plan as amended [Government Code Section 65860(a)]. Sustainable Communities and Climate Protection Act (SB 375) The Sustainable Communities and Climate Protection Act (SB 375) supports the State's climate goals by helping reduce greenhouse gas emissions through coordinated transportation, housing, and land use planning. Under SB 375, the California Air Resources Board (CARB) set targets for 2020 and 2035 for each of the 18 metropolitan planning organization regions in 2010 and updated them in 2018. Each of the regions must prepare a Sustainable Communities Strategy (SCS), as an integral part of its regional transportation plan, that contains land use, housing, and transportation strategies that, if implemented, would allow the region to meet CARB’s targets. SB 375 establishes some incentives to encourage implementation of the development patterns and strategies included in an SCS. Developers can get relief from certain environmental review requirements under the California Environmental Quality Act (CEQA) if their new residential and mixed-use projects are consistent with a regions SCS that meets the targets (see Public Resources Code Sections 21155, 21155.1, 21155.2, and 21159.28). c. Regional and Local SANDAG 2021 Regional Plan The 2021 Regional Plan is the most recent plan adopted by SANDAG, and it builds upon the goals, policies, and forecasts of preceding plans. However, the 2021 Regional Plan is currently being amended to not include the regional road usage charge and the draft environmental document is anticipated for release mid-2023. The plan combines the Regional Transportation Plan, Sustainable Communities Strategy (SCS), and Regional Comprehensive Plan. As such, the plan demonstrates that the SANDAG region can achieve emissions reductions consistent with targets set forth by SB 375. GHG reductions achieved through development consistent with the 2021 Regional Plan would result in corresponding reductions in energy consumption in the region. The 2021 Regional Plan sets forth a long-term blueprint for the San Diego region that seeks to meet regulatory requirements, address traffic congestion, and create equal access to jobs, education, healthcare, and other community resources. The 2021 Regional Plan polices are built around three core strategies (SANDAG 2021):  Invest In a Reimagined Transportation System. Build a network and fund services that include multimodal roadways; an expanded network of fast, frequent, and low-cost transit; 21st century technology that manages the entire transportation system and connects people to on-demand services; and zero-emissions options for vehicles and micromobility.  Incentivize Sustainable Growth and Development. Collaborate with local jurisdictions and fund programs to accelerate housing production while also addressing equity, climate resilience, and mobility.  Implement Innovative Demand and System Management. Reduce solo driving and congestion through increased remote work, carsharing, vanpooling, pricing strategies and parking management programs that leverage partnerships and technology. McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) The McClellan–Palomar ALUCP was prepared by the San Diego County Regional Airport Authority to protect the safety of the public (adopted in 2010 and amended in 2010 and 2011). ALUCPs are intended to promote compatibility between airports and the land uses that surround them by City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-6 addressing noise, overflight, safety, and airspace protection concerns. Each ALUCP prevents exposure to excessive noise and safety hazards within an airport influence area over a 20-year horizon. The McClellan–Palomar ALUCP provides for the orderly growth of the airport and the area surrounding the airport and safeguards the general welfare of the inhabitants within the vicinity of the airport and the public in general. According to Exhibit III-1 (Compatibility Policy Map: Noise) of the ALUCP, and shown in Figure 4.10-5 of Section 4.10, Noise, of this SEIR, Sites 6, 8, 9, and 16 are located within the 60 to 65 dB CNEL noise contour of the McClellan-Palomar Airport, and none of the sites are located within the noise contours above 65 dB CNEL except for a small portion of Site 9 which is within the 65-70 dB CNEL noise contour. According to Exhibit III-2 (Compatibility Policy Map: Safety) of the ALUCP, and shown in 4.7-2 of Section 4.7, Hazards and Hazardous Materials, of this SEIR, a portion of site 10 is within Zone 2 - Inner Approach/Departure Zone, and a portion of Site 9 is within Zone 3 - Inner Turning Zone. In addition, the remaining portions of Sites 9 and 10 as well as Sites 4, 6, 7, 8, and 11 are within Zone 6 - Traffic Pattern Zone. According to Exhibit III-5 (Compatibility Policy Map: Airport Influence Area) of the ALUCP, and shown in Figure 4.7-3 of Section 4.7, Hazards and Hazardous Materials, of this SEIR, Sites 4, 6, 7, 8, 9, 10, 11, and a portion of 16 are within Airport Influence Area - Review Area 1 and Sites 5, 12, 17, and a portion of Sites 16 and 18 are within Airport Influence Area - Review Area 2. City of Carlsbad General Plan The current General Plan was last comprehensively updated in 2015. The General Plan functions as a guide for future development and city land use decisions. The General Plan is a "constitution" for local decision making that addresses the range of immediate, mid-, and long-term issues with which the community is concerned, including but not limited to environmental sensitivity and preservation, public services, public safety, local transportation needs, sustainability, housing, and economic vitality. The 2015 General Plan is intended to allow land use and policy determinations to be made within a comprehensive framework that incorporates public health, safety, and "quality of life" considerations in a manner that recognizes the resource limitations and the fragility of the community's natural environment. Policies from the Land Use and Community Design Element, as updated under the proposed project for consistency with the 2021-2029 Housing Element would apply to future development under the proposed project. Further, the policies from Mobility Element and Housing Element would be applicable to the proposed project. Mobility Element Policy 3-P.32 Require developers to improve pedestrian and bicycle connectivity consistent with the city’s bicycle and pedestrian master plans and trails master planning efforts. In addition, new residential developments should demonstrate that a safe route to school and transit is provided to nearby schools and transit stations within a half mile walking distance. Housing Element Policy 10-P.1 Ensure the availability of sufficient developable acreage in all residential densities to accommodate varied housing types and income levels as required to meet Carlsbad’s 2021-2029 RHNA, as discussed in Section 10.3 (Resources Available). Policy 10-P.3 Provide alternative housing opportunities by encouraging adaptive reuse of older commercial or industrial buildings. Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-7 Policy 10-P.7 Encourage distribution of development of affordable housing throughout the city to avoid over concentration in a particular area, excluding areas lacking necessary infrastructure or services. Policy 10-P.8 Develop and adopt objective design standards that will be used for all mixed use and multi-family housing projects. Policy 10-P.13 Pursuant to the Inclusionary Housing Ordinance, require affordability for lower- income households of a minimum of 15 percent of all residential projects. For projects that are required to include 10 or more units affordable to lower-income households, at least 10 percent of the lower-income units should have three or more bedrooms (lower-income senior housing projects exempt). Policy 10-P.15 Work with the community to modify or replace Measure E (Growth Management Plan) relative to the residential growth caps and development moratorium to be in compliance with SB 330. Policy 10-P.16 Address the unmet housing needs of the community through new development and housing that is set aside for lower- and moderate income households consistent with priorities set by the Housing Services Division, in collaboration with the Planning Division, and as set forth in the city’s Consolidated Plan. Policy 10-P.17 Encourage the development of an adequate number of housing units suitably sized to meet the needs of lower- and moderate income larger households. Policy 10-P.30 Support ongoing efforts of federal, State, regional, and local efforts to affirmatively further fair housing Policy 10-P.42 Consider potential adverse health and safety impacts associated with land use decisions to reduce negative impacts upon residents from hazardous materials, industrial activities, agricultural operations using pesticides applied by spray techniques, facility locations, design features, and other aspects that may negatively impact health or quality of life for affected residents. City of Carlsbad Municipal Code Carlsbad’s codes governing development applicable to the land use and planning analysis include the Zoning Ordinance, Environment Ordinance, and Subdivisions Ordinance. These codes regulate development as described below. Building Code The City Building Code (Carlsbad Municipal Code [CMC] Title 18) is intended to regulate the construction of applicable facilities and encompasses (and formally adopts) associated elements of the CBC (Title 24, Part 2, Volumes 1 and 2) and the California Building Standards Code. Specifically, this includes guidelines related to “regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the city of Carlsbad…” Zoning Ordinance (Carlsbad Municipal Code, Title 21) This ordinance implements the General Plan by regulating the distribution and intensity of land uses in such categories as residential, commercial, and industrial. Regulations establish standards for minimum lot size; building height and setback limits; fence heights; parking; and other development City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-8 parameters within each land use. In the event of an inconsistency between the Zoning Ordinance and the General Plan, the General Plan shall prevail. Carlsbad Municipal Code Chapter 21.95 (Hillside Development Regulations) governs hillside protection and establishes regulations for development on hillsides. Environment Ordinance (Carlsbad Municipal Code, Title 19) This ordinance provides for enhancement and protection of the environment within the city by establishing principles, criteria, and procedures for evaluating the environmental impacts of development, consistent with the General Plan, and ensures compliance with the California Environmental Quality Act (CEQA). Subdivisions Ordinance (Carlsbad Municipal Code, Title 20) This ordinance implements Title 7, Division 2 of the California Government Code (Subdivision Map Act), and sets procedures to regulate the division of land. The General Plan, Zoning Ordinance, and the Carlsbad Subdivision Ordinance govern the design of a subdivision, the size of its lots, and the types of improvements that will be required as conditions of approval. Grading and Drainage Ordinance CMC Title 15 is the city’s Grading and Drainage Ordinances. The Grading and Drainage Ordinances establish minimum requirements for grading associated with development under CMC Titles 20 (Subdivisions) and 21 (Zoning). The Grading Ordinance requires that a grading permit be obtained prior to grading, including the clearing and grubbing of vegetation. The permit requires a stormwater maintenance program, construction stormwater pollution prevention plan, and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. Chapters 15.08 and 15.12 of the Grading Ordinance address drainage and stormwater management and discharge. The purpose of these chapters is to ensure the completion of drainage facilities and to protect and enhance the water quality of receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and municipal permit. The city’s efforts include prohibiting non-stormwater discharges to the stormwater conveyance system; eliminating discharges to the stormwater conveyance system from spills, dumping, or disposal of materials other than stormwater or permitted or exempted discharges; reducing pollutants in stormwater discharges to the maximum extent practicable; and reducing pollutants in stormwater discharges in order to achieve applicable water quality objectives for receiving waters within Carlsbad. Chapter 15.16 of the CMC establishes minimum requirements for grading and dictates that a grading permit is required for any grading. The Grading Ordinance is intended to facilitate appropriate planning, design, and construction of development within the city, while ensuring compatibility with associated physical conditions, environmental resources and legal/regulatory requirements. The grading permit requires a stormwater maintenance program, construction stormwater pollution prevention plan, and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes and standards, and the requirements of the city’s Landscape Manual. Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-9 City of Carlsbad Growth Management Plan (Proposition E) The City adopted the Growth Management Plan (GMP) in July 1986 to address the concerns of rapid growth and its impacts on quality of life, which was ratified by voter approval of Proposition E in November 1986. The GMP requires adequate public facilities be provided concurrent with new growth. To ensure this, the GMP identifies performance standards for 11 public facilities – city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the maximum number of dwelling units that can be constructed citywide to 54,599 units, spread out between the Northwest Quadrant (15,370 units), Northeast Quadrant (9,042 units), Southwest Quadrant (12,859 units), and Southeast Quadrant (17,328 units). Pursuant to Proposition E, the city cannot approve any General Plan amendment, zone change, subdivision map or other discretionary permit that could result in residential development that exceeds the dwelling unit limit in each quadrant. To increase the Proposition E dwelling unit limit in any city quadrant requires approval by Carlsbad voters (City of Carlsbad 2015). However, recent State housing laws have preempted the city’s ability to require compliance with the dwelling caps or to stop development due to noncompliance, as acknowledged in adopted City Council Resolution 2021-074 (City of Carlsbad 2023). The city is currently developing a new approach to managing growth. Specific and Master Plans The city uses specific plans and master plans extensively to coordinate development and infrastructure improvements on large sites or series of parcels. Specific plans and master plans must be consistent with the general plan and are typically used to establish development plans and standards to achieve the design and development objectives for a particular area. Much of the residential areas in the southern and northeastern portions of the Carlsbad were developed as part of a master plan (e.g., Aviara, Bressi Ranch, Calavera Hills, Rancho Carrillo, Robertson Ranch, and Villages of La Costa). In addition to the large residential master plan areas, the city has several smaller residential specific plans and specific plans for commercial and industrial areas. The Village and Barrio Master Plan was recently amended in 2021 and will continue to guide development in that area. There are also many older specific plans and master plans that have been fully implemented. City of Carlsbad Habitat Management Plan The Carlsbad Habitat Management Plan (HMP) is a long-range plan for conserving wildlife habitat in the city. The HMP is an adopted subarea plan within the proposed North County Multiple Habitat Conservation Plan. The Carlsbad HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of the habitat and protect sensitive biological resources in the city while also allowing for additional development and growth under the city’s General Plan. The city’s HMP preserve contains natural habitats that are necessary to sustain threatened, listed or sensitive species, and to maintain biological value. According to U.S. Fish and Wildlife Service and California Department of Fish and Wildlife requirements, the HMP is required to establish a preserve of 6,478 acres of natural habitat (within the city’s jurisdictional boundary), as well as an additional 308 acres of “core area” habitat for the City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-10 coastal California gnatcatcher (outside of the city’s jurisdiction). See Section 4.3, Biological Resources for a more detailed discussion of biological resources and the HMP. 4.9.3 Impact Analysis a. Methodology and Significance Thresholds The analysis in this section focuses on the compatibility of land uses identified in the project with existing and planned land uses within Carlsbad, as well as consistency with any applicable land use plans, policies, or regulations. The following thresholds of significance are based on Appendix G of the CEQA Guidelines. For purposes of this SEIR, implementation of the project may have a significant adverse impact if it would do any of the following: Physically divide an established community Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect The plan consistency analysis describes existing regional and local plans and policies and is intended to fulfill the requirements of CEQA Guidelines Section 15125(d). The emphasis of the analysis is on plan inconsistency and potential conflicts between the project and existing applicable land use plans, and whether any inconsistencies are significant environmental effects. The project is considered consistent with the provisions of the identified regional and local plans if it meets the general intent of the applicable plans and does not conflict with any directly applicable policies. A given project need not be in perfect conformity with each and every policy nor does state law require precise conformity of a project with every policy or land use designation. Courts have also acknowledged that general and specific plans attempt to balance a range of competing interests, and that it is nearly, if not absolutely, impossible for a project to be in perfect conformity with each and every policy set forth in the applicable plan. Additionally, in reaching such consistency conclusions, the city may also consider the consequences of denial of a project, which can also result in other policy inconsistencies. For example, Government Code Section 65589.5 explains that the potential consequences of limiting the approval of housing are reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. For an impact to be considered significant, any inconsistency would also have to result in a significant adverse change in the environment not already addressed in the other resource chapters of this SEIR. The analysis below provides a brief overview of the most relevant policies from the various planning documents. However, the city’s consistency conclusions are based upon the planning documents as a whole. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to land use would be less than significant as they pertain to conflicts with applicable land use plans (Section 3.9, Land Use Planning, Housing, and Population: 3.9-11 through 3.9-22). It found that General Plan implementation would not physically divide an established community and would, in fact, beneficially increase connectivity locally and regionally. The General Plan EIR further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for land use planning. 1. 2. Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-11 The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to land use and planning. Further, the proposed project involves updates to several land use plans including the LCP, Zoning Ordinance, master and specific plans, and the Public Safety Element of the General Plan. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Threshold 1: Would the project physically divide an established community? Impact LU-1 THE PROPOSED PROJECT INVOLVES IMPLEMENTING A REZONING PROGRAM ON 18 SITES, MAINLY IN DEVELOPED AREAS OF THE CITY, AND WOULD NOT PHYSICALLY DIVIDE AN ESTABLISHED COMMUNITY. NO IMPACT WOULD OCCUR. The proposed project would involve a rezoning program that would allow for development of 3,280 new residential units. In general, the project aims to rezone parcels that are within infill areas and are surrounded by existing developed parcels. The development of these sites would not result in the construction of barriers, such as new roads, that would divide the existing communities surrounding the sites. Short-term construction impacts would be constrained within the sites themselves; however, off- site improvements for utilities or transportation infrastructure would likely be required (refer to Section 4.13, Transportation, and Section 4.14, Utilities and Service Systems) for some of the sites. Potential off-site improvements would be constructed within roadway rights-of-way and would not block access between existing communities. Therefore, existing roadways would not be blocked, and construction would not limit access to a community or restrict movement within a community. The proposed project is designed to implement the Housing Element to meet the city’s RHNA and would promote the development of existing vacant, underdeveloped or underutilized properties, thereby locating people closer to existing employment, goods and services within an established community. Furthermore, the proposed project includes Housing Programs with requirements for Affirmatively Furthering Fair Housing (AFFH) that puts a great emphasis on anti-displacement and tenant protection. Specifically, Goal 10-G.1 of the Housing Element encourages development of a diversity of new housing to meet the demand of anticipated city and regional growth and to meet or exceed the city’s RHNA; and Policy 10-P.7 encourages dispersion of affordable housing throughout the city. Additionally, the proposed project does not include any new infrastructure, or alteration of existing infrastructure or thoroughfares, that may create physical divisions or boundaries. Updates to the Public Safety Element include policy updates ensuring evacuation routes and other safety measures are implemented in accordance with State law but would not create structures that could physically divide an established community. Further, updates to the Local Coastal Plan and master and specific plans that are being proposed as part of the project for consistency between the city’s planning documents and in and of themselves would not result in physical changes to the environment such that impacts would occur. Therefore, no impact related to dividing an established community would occur. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-12 Threshold 2: Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Impact LU-2 THE PROPOSED PROJECT WOULD NOT RESULT IN A SIGNIFICANT ENVIRONMENTAL IMPACT DUE TO A CONFLICT WITH ANY LAND USE PLAN AND POLICY. THEREFORE, THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Since the proposed project involves changes to land use designations at 18 rezone sites to facilitate housing development, by its nature it may be inconsistent with existing local regulations, such as the LCP and Zoning Ordinance. Regionally and locally adopted land use plans, policies, and regulations, including SANDAG’s 2021 Regional Plan and the City’s 2015 General Plan, apply to the project. In addition to the 2021 Regional Plan and Carlsbad’s 2015 General Plan, the City of Carlsbad maintains specific and master plans for some areas within the city to tailor appropriate development standards and policies to individual neighborhoods, as described in the Regulatory Setting section above. By state law, these plans must be consistent with the General Plan. The proposed project is designed to address potential inconsistencies by including updates to the LCP, Zoning Ordinance, and master and specific plans to ensure that the city’s land use planning documents are consistent with the proposed rezone program. Impacts associated with changes to these land use plans, policies, and regulations are analyzed throughout this SEIR. As discussed in Section 4.6, Greenhouse Gas Emissions, the proposed project would be consistent with SANDAG’s 2021 Regional Plan since it would result in decreased vehicle miles traveled (VMT) rates compared to a No Project condition, reflecting the benefits that increased density of residential land uses have on reducing VMT per capita. The proposed project would also place more residents in proximity to jobs, services, and transit, which would reduce the use of single-occupancy vehicles and thereby VMT and air pollutants and encourage the use of alternative modes of transportation. This would meet the 2021 Regional Plan’s core strategies including accelerating housing production in Carlsbad while also addressing equity, climate resilience, and mobility (Incentivize Sustainable Growth and Development) and reducing solo driving and congestion in Carlsbad (Implement Innovative Demand and System Management). Additionally, as discussed in Section 4.11, Population and Housing, although the proposed project would exceed the GMP limit of 54,599 units, the State requires that all local governments adequately plan to meet the housing needs of their communities (HCD 2023). Given that the State is currently in an ongoing housing crisis due to an insufficient housing supply, the additional units under the proposed project would further assist in addressing the existing crisis and meeting the housing needs of the city’s communities. Therefore, the objectives of this project are to implement the city’s Housing Element (which was certified by HCD) in order to meet projected population and housing growth. The Housing Element is designed to accommodate regional growth anticipated by SANDAG’s RHNA projections. Therefore, the proposed project is intended to plan for anticipated population growth. The proposed project would not constitute unplanned growth because it would be consistent with the City’s RHNA and is being planned for and analyzed in this SEIR. Further, as recent State law and State mandated housing goals preempt voter approved housing limits such as those under the GMP, the city is developing a new approach to managing growth. The preemption of implementing residential GMP caps, residential quadrant limits, and residential control points is acknowledged in adopted City Council Resolution 2021-074 (City of Carlsbad 2023b). Therefore, the proposed project would constitute as planned population growth. The city is also developing a new Environmental Impact Analysis Land Use and Planning Supplemental Environmental Impact Report 4.9-13 approach to manage growth since recent State law and State mandated housing goals preempt voter approved housing limits such as those under the GMP. To ensure consistency between the project and LCP, amendments to the LCP land use map are being processed concurrent with the project. Within the Coastal Zone, no discretionary permit shall be issued by the city unless found to be consistent with the General Plan and the LCP. In the event of conflict between the provisions of the General Plan and the LCP Land Use Plan, the terms of the LCP Land Use Plan shall prevail. Future development located within the Coastal Zone would be required to comply with land use policies within the LCP. Further, updates to the LCP and Master and Specific Plans that are being proposed as part of the project for consistency between the city’s planning documents in and of themselves would not result in physical changes to the environment such that impacts would occur. Additionally, the proposed project would facilitate infill development on vacant or underutilized sites and therefore would not interfere with pedestrian coastal access or coastal trails. According to the updated Public Safety Element, pursuant to the LCP and Carlsbad Municipal Code Title 21 (Zoning), development is restricted within 100-year floodplain areas. As discussed in Section 4.8, Hydrology and Water Quality, of this SEIR, a small portion of the city is located within a 100- year floodplain area. These areas are located along the Buena Vista, Agua Hedionda, and San Marcos Creeks and the Buena Vista, Agua Hedionda, and Batiquitos Lagoons. A portion of site 4 contains designated floodplain areas near Agua Hedionda Creek. However, development on site 4 would be required to comply with CMC Chapter 21.110, Floodplain Management Regulations, which sets forth design requirements in flood-prone areas such as elevating all residential structures at least two feet above the base flood elevation and constructed with materials that can resist strong hydrostatic and hydrodynamic loads, reducing impacts to a less than significant level. Additionally, future development would be required to comply with the applicable policies within the updated Public Safety Element to ensure reduced risks related to flooding and sea level rise hazards, specifically policies 6-P.1 through 6-P.19, which would ensure consistency with the LCP. Inconsistency with the city’s HMP is discussed in Section 4.3, Biological Resources. The Planning Division has primary responsibility for administering the laws, regulations and requirements that pertain to the physical development of the city. Specific duties relating to implementation of the project would include preparing zoning ordinance amendments, reviewing development applications, conducting investigations, and making reports and recommendations on planning and land use, zoning, subdivisions, development plans, and environmental regulations. Future development on the rezone sites will be required to demonstrate consistency with applicable local regulations (such as the city’s Zoning Ordinance and 2015 General Plan) as well as applicable state and federal regulations. Given that the proposed project does not conflict with any other agencies’ applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.9-14 d. Cumulative Impacts Division of an Established Community The cumulative setting for land use and planning impacts is the City of Carlsbad. Cumulative land use and planning impacts, such as the potential for conflicts with adjacent land uses and consistency with adopted plans and regulations, are typically site- and project-specific. Subsequent projects allowed by the project may result in site-specific land use conflicts. However, because the exact size and nature of future developments and associated infrastructure improvements are not known at this time, it would be speculative to predict when impacts may occur. The project would not include any features that would physically divide an established community, and as such, would not contribute to cumulative impacts. Consistency with Land Use Plans/Policies As discussed under Impact LU-2, the General Plan Update would be consistent with applicable land use plans, policies, or regulations, including SANDAG’s 2021 Regional Plan, the city’s 2015 General Plan, the GMP, the LCP, Zoning Code and Ordinance, and master and specific plans in the city, and as such, would not contribute to cumulative impacts. Table of Contents Supplemental Environmental Impact Report 4.10-1 4.10 Noise This section evaluates noise and groundborne vibration impacts resulting from the construction and operation of new development accommodated by the project. Topics addressed consist of short- term construction and long-term operational noise and vibration, including the exposure of noise- sensitive receivers to substantial or incompatible noise levels. Noise modeling results and the vibration calculations associated with the analysis herein are included in Appendix D to this SEIR. 4.10.1 Setting a. Fundamentals of Noise Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing organs (e.g., the human ear). Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance, and, in the extreme, hearing impairment (California Department of Transportation [Caltrans] 2013). Noise levels are commonly measured in decibels (dB) using the A-weighted sound pressure level (dBA). The A-weighting scale is an adjustment to the actual sound pressure levels so that they are consistent with the human hearing response, which is most sensitive to frequencies around 4,000 Hertz (Hz) and less sensitive to frequencies around and below 100 Hz. Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used to measure earthquake magnitudes. A doubling of the energy of a noise source, such as a doubling of traffic volume, would increase the noise level by 3 dB; similarly, dividing the energy in half would result in a decrease of 3 dB. Common outdoor and indoor noise sources and their typical corresponding A-weighted noise levels are shown in Figure 4.10-1. Human perception of noise has no simple correlation with sound energy. The perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as one source. It is widely accepted that the average healthy ear can barely perceive an increase (or decrease) of up to 3 dBA in noise levels (i.e., twice [or half] the sound energy); that a change of 5 dBA is readily perceptible (8 times the sound energy); and that an increase (or decrease) of 10 dBA sounds twice (or half) as loud (10.5 times the sound energy) (Caltrans 2013). Sound changes in both level and frequency spectrum as it travels from the source to the receiver. The most obvious change is the decrease in sound level as the distance from the source increases. The manner by which noise declines with distance depends on factors such as the type of sources (e.g., point or line), the path the sound will travel, site conditions, and obstructions. Noise levels from a point source (e.g., construction, industrial machinery, ventilation units) typically attenuate, or drop off, at a rate of 6 dBA per doubling of distance. Noise from a line source (e.g., roadway, pipeline, railroad) typically attenuates at about 3 dBA per doubling of distance (Caltrans 2013). The propagation of noise is also affected by the intervening ground, known as ground absorption. A hard site, such as a parking lot or smooth body of water, receives no additional ground attenuation and the changes in noise levels with distance (drop-off rate) result simply from the geometric spreading of the source. An additional ground attenuation value of 1.5 dBA per doubling of distance typically applies to a soft site (e.g., soft dirt, grass, or scattered bushes and trees) (Caltrans 2013). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-2 Figure 4.10-1 Examples of Typical Noise Levels Source: Caltrans 2013 Noise Level (dBA) Common Indoor Noise Levels Common Outdoor Noise Levels Rock band Inside subway train Food blender at 3 ft. Garbage disposal at 3 ft. Shouting at 3 ft. Vacuum cleaner at 10 ft. Normal speech at 3 ft. Large business office Dishwasher next room Small theater, conference room (background) Library Bedroom at night Concert hall (background) Broadcast and recording studio Threshold of hearing Jet flyover at 1,000 ft. Gas lawnmower at 3 ft. Diesel truck at 50 ft. Noisy urban daytime Gas lawnmower at 100 ft. Commercial area Heavy traffic 300 ft. Quiet urban daytime Quiet urban nighttime Quiet suburban nighttime Quiet rural nighttime 110 100 90 80 70 60 50 40 30 20 10 0 Table of Contents Supplemental Environmental Impact Report 4.10-3 Noise levels may also be reduced by intervening structures. The amount of attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. Natural terrain features, such as hills and dense woods, and man-made features, such as buildings and walls, can alter noise levels. Generally, any large structure blocking the line of sight will provide at least a 5 dBA reduction in source noise levels at the receiver (Federal Highway Administration [FHWA] 2011). Structures can substantially reduce occupants’ exposure to noise as well. The FHWA’s guidelines indicate that modern building construction generally provides an exterior-to-interior noise level reduction of 20 to 35 dBA with closed windows. Descriptors The impact of noise is not a function of loudness alone. The time of day when noise occurs, its frequency, and the duration of the noise are also important. In addition, most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors have been developed. One of the most frequently used noise metrics that considers both duration and intensity is the equivalent noise level (Leq). The Leq is defined as the single steady A-weighted level that is equivalent to the same amount of energy as that contained in the actual fluctuating levels over a period of time. Typically, Leq is equivalent to a one-hour period, even when measured for shorter durations as the noise level of a 10- to 30-minute period would be the same as the hour if the noise source is relatively steady. Lmax is the highest Root Mean Squared (RMS) sound pressure level within the sampling period, and Lmin is the lowest RMS sound pressure level within the measuring period (Crocker 2007). Normal conversational levels at three feet are in the 60- to 65-dBA Leq range and ambient noise levels greater than 65 dBA Leq can interrupt conversations (Federal Transit Administration [FTA] 2018). Noise that occurs at night tends to be more disturbing than that which occurs during the day. Community noise is usually measured using Day-Night Average Level (Ldn or DNL), which is a 24-hour average noise level with a +10 dBA penalty for noise occurring during nighttime (10:00 p.m. to 7:00 a.m.) hours, or Community Noise Equivalent Level (CNEL), which is the 24-hour average noise level with a +5 dBA penalty for noise occurring from 7:00 p.m. to 10:00 p.m. and a +10 dBA penalty for noise occurring from 10:00 p.m. to 7:00 a.m. (Caltrans 2013). Noise levels described by DNL and CNEL usually differ by about 0.5 dBA. Quiet suburban areas typically have a CNEL in the range of 40 to 50 dBA, while areas near arterial streets are typically in the 50 to 70+ CNEL range. b. Fundamentals of Vibration Groundborne vibration of concern in environmental analysis consists of the oscillatory waves that move from a source through the ground to adjacent structures. The number of cycles per second of oscillation makes up the vibration frequency, described in terms of hertz (Hz). The frequency of a vibrating object describes how rapidly it oscillates. While people have varying sensitivities to vibrations at different frequencies, in general they are most sensitive to low-frequency vibration. Vibration in buildings, such as from nearby construction activities, may cause windows, items on shelves, and pictures on walls to rattle. Vibration of building components can also take the form of an audible low-frequency rumbling noise, referred to as groundborne noise. Groundborne noise is usually only a problem when the originating vibration spectrum is dominated by frequencies in the upper end of the range (60 to 200 Hz), or when foundations or utilities, such as sewer and water pipes, physically connect the structure and the vibration source (FTA 2018). Although groundborne vibration is sometimes noticeable in outdoor environments, it is almost never annoying to people City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-4 who are outdoors. The primary concern from vibration is that it can be intrusive and annoying to building occupants and vibration-sensitive land uses. Vibration energy spreads out as it travels through the ground, causing the vibration level to diminish with distance away from the source. High-frequency vibrations diminish much more rapidly than low frequencies, so low frequencies tend to dominate the spectrum at large distances from the source. Variability in the soil strata can also cause diffractions or channeling effects that affect the propagation of vibration over long distances (Caltrans 2020). When a building is exposed to vibration, a ground-to-foundation coupling loss (the loss that occurs when energy is transferred from one medium to another) will usually reduce the overall vibration level. However, under rare circumstances, the ground-to-foundation coupling may amplify the vibration level due to structural resonances of the floors and walls. Descriptors Vibration amplitudes are usually expressed in peak particle velocity (PPV) or RMS vibration velocity. The PPV and RMS velocity are normally described in inches per second (in./sec.). PPV is defined as the maximum instantaneous positive or negative peak of a vibration signal. PPV is often used in monitoring of vibration because it is related to the stresses that are experienced by buildings (Caltrans 2020). Response to Vibration Vibration associated with construction has the potential to be an annoyance to nearby land uses. Caltrans has developed limits for the assessment of vibrations from transportation and construction sources. The Caltrans vibration limits are reflective of standard practice for analyzing vibration impacts. As shown in Table 4.10-1 and Table 4.10-2, the Caltrans Transportation and Construction Vibration Guidance Manual (2020) identifies guideline impact criteria for damage to buildings and additional impact criteria for annoyance to humans from transient and continuous/frequent sources. Table 4.10-1 Building Vibration Damage Potential Maximum PPV (in./sec.) Structure and Condition Transient Sources Continuous/Frequent Intermittent Sources Extremely fragile historic buildings, ruins, ancient mountains 0.12 0.08 Fragile buildings 0.20 0.10 Historic and similar old buildings 0.50 0.25 Older residential structures 0.50 0.30 New residential structures 1.00 0.50 Modern industrial/commercial buildings 2.00 0.50 Notes: Transient sources create a single isolated vibration event, such as blasting or drop balls (i.e., a loose steel ball that is dropped onto structures or rock to reduce them to a manageable size). Continuous/frequent intermittent sources include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment. PPV = peak particle velocity; in./sec. = inches per second Source: Caltrans 2020 Table of Contents Supplemental Environmental Impact Report 4.10-5 Table 4.10-2 Vibration Annoyance Potential Maximum PPV (in./sec.) Human Response Transient Sources Continuous/Frequent Intermittent Sources Barely perceptible 0.04 0.01 Distinctly perceptible 0.25 0.04 Strongly perceptible 0.90 0.10 Severe 2.00 0.40 Notes: Transient sources create a single isolated vibration event, such as blasting or drop balls (i.e., a loose steel ball that is dropped onto structures or rock to reduce them to a manageable size). Continuous/frequent intermittent sources include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment. PPV = peak particle velocity; in./sec. = inches per second Source: Caltrans 2020 c. Sensitive Receivers Noise exposure goals for various types of land uses reflect the varying noise sensitivities associated with those uses. The Noise Element of the General Plan identifies residences, schools, churches, and hospitals as the most sensitive land uses (City of Carlsbad 2015). Vibration-sensitive receivers, which are similar to noise-sensitive receivers, include residences and institutional uses, such as hospitals, schools, and churches. However, vibration-sensitive receivers also include buildings where vibrations may interfere with vibration-sensitive equipment that is affected by vibration levels that may be well below those associated with human annoyance (e.g., recording studies or medical facilities with sensitive equipment). Other uses that may have particular sensitivity to groundborne vibration include historic sites and structures. According to Section 2, Project Description, the city encompasses approximately 39 square miles, and is comprised primarily of single family residential uses, with neighborhoods distributed throughout the city. As discussed in Section 2, Project Description, 38 percent of the city is currently comprised of residential land uses. Therefore, residential uses comprise most of the sensitive receivers in the city. Other sensitive receivers located in the city include institutional uses (e.g., schools, hospitals, and churches). In addition, refer to Section 4.4, Cultural and Tribal Cultural Resources, for a discussion of historic properties in the city that may be particularly sensitive to increases in groundborne vibration levels. d. Existing Conditions Noise Sources Carlsbad is affected by a variety of noise sources, including mobile and stationary sources. The predominant noise sources are transportation sources such as vehicles, aircraft, and rail noise. According to the General Plan Noise Element, the most prevalent noise source in the city is traffic on the freeways and arterials, with the most dominant noise source being Interstate-5 (I-5). Other major streets with high levels of noise include Highway 78 and arterial streets such as El Camino Real, Palomar Airport Road, Rancho Santa Fe Road, Melrose Drive, and Carlsbad Boulevard. The North County Transit District (NCTD) owns a north-to-south rail line and two passenger rail stations located within the city: Carlsbad Village and Carlsbad Poinsettia stations. NCTD operates the Coaster commuter rail service on this rail line; the Atchison, Topeka & Santa Fe freight line and the Amtrak passenger service also use the rail line through the city. McClellan-Palomar Airport is presently City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-6 operating as a commercial service facility and is located west of El Camino Real, just north of Palomar Airport Road. To characterize ambient sound levels at and near the 18 rezone sites under the proposed project, 10-minute sound level measurements were conducted on Tuesday, June 7, 2022, and Wednesday, June 8, 2022. Table 4.10-3 summarizes the results of the noise measurements, and Figure 4.10-2 shows the locations of the measurements relative to the housing sites. As shown in the results, measured noise levels ranged from 44 dBA Leq to 66 dBA Leq. The dominant noise source was roadway traffic; higher noise levels were observed near the busier roadways. Table 4.10-3 Project Site Vicinity Sound Level Monitoring Results Measurement Representative Housing Sites Date Sample Times Leq (dBA) L95 (dBA) Lmax (dBA) 1 1 6/8/2022 9:48 a.m. – 10:48 a.m. 60 52 74 2 2 6/8/2022 10:05 a.m. – 10:15 a.m. 64 46 76 3 3 6/8/2022 9:27 a.m. – 9:37 a.m. 64 40 76 4 4 6/8/2022 8:22 a.m. – 8:32 a.m. 51 40 67 5 5 6/7/2022 9:48 a.m. – 9:58 a.m. 55 51 68 6 6 6/8/2022 7:45 a.m. – 7:55 a.m. 66 39 76 7 7 6/8/2022 8:03 a.m. – 8:13 a.m. 54 40 69 8 8 6/7/2022 10:08 a.m. – 10:18 a.m. 63 49 72 9 9 6/7/2022 10:28 a.m. – 10:38 a.m. 66 51 77 10 10, 11, 12 6/7/2022 7:37 a.m. – 7:47 a.m. 55 49 63 11 14, 15 6/8/2022 10:28 a.m. – 10:38 a.m. 44 43 51 12 16 6/7/2022 9:28 a.m. – 9:38 a.m. 60 55 71 13 17 6/7/2022 9:06 a.m. – 9:16 a.m. 60 42 71 14 18 6/7/2022 8:40 a.m. – 8:50 a.m. 54 41 69 15 19 6/7/2022 8:12 a.m. – 8:22 a.m. 65 45 75 dBA = A-weighted decibel; Leq = average noise level equivalent; L95 = sound level exceeded 95 percent of the time; Lmax = maximum instantaneous noise level See Appendix D for measurement data. Table of Contents Supplemental Environmental Impact Report 4.10-7 Figure 4.10-2 Noise Measurement Locations and Housing Sites City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-8 The General Plan Noise Element includes noise contours that have been estimated using information about both current and projected future land uses and traffic volumes throughout the city.1 Figure 4.10-3 shows the existing noise contours and Figure 4.10-4 displays anticipated changes in noise levels associated with future growth accompanied by an increase in citywide traffic volumes for the General Plan’s horizon year of 2035. The contour lines follow the highest volume traffic arteries in narrow bands. Contours in the range of 70 dBA Ldn and greater run along the I-5, Palomar Airport Road, and El Camino Real. Contours in the range of 65 to 70 dBA Ldn run along Poinsettia Lane and Faraday Avenue. An area with ambient noise levels in the vicinity of 60 to 65 dBA Ldn exists along Carlsbad Village Drive and La Costa Avenue. Elsewhere in Carlsbad, ambient noise levels are generally below 60 dBA Ldn. Noise levels diminish away from major streets. This is due to both the normal reduction in noise level with distance from the source and the absorption of noise by homes and trees adjacent to these streets. The hilly terrain and wooded character of the city provide additional noise shielding. Major changes in the noise environment are not anticipated during the timeframe of this General Plan. Roadway segments anticipated to experience a slight increase in noise levels consist of College Boulevard and Poinsettia Lane. Furthermore, McClellan-Palomar Airport is presently operating as a commercial service facility and is located west of El Camino Real, just north of Palomar Airport Road. The current McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP) modeled exposure levels based on approximately 289,100 annual aircraft operations, which is the aviation forecast in the current 2021 Airport Master Plan. Figure 4.10-5 displays the noise contours for the McClellan-Palomar Airport. Vibration Sources Sources of vibration in the city, similar to that of the noise environment, are also primarily motor vehicles along roadways. Like mobile-source noises, vibration by vehicular movement generally affects numerous receivers along lengths of roadways and depends on pavement and type and weight of the vehicle. Vibration may also be generated by construction equipment (e.g., earth- moving equipment and pile driving); however, these sources are temporary and vary on a project- by-project basis. In addition, commercial or industrial activities may generate vibration from the use of heavy equipment (e.g., businesses that recycle construction debris). 1 Noise contours consist of modeled areas of similar noise exposure that do not consider the presence of structures (e.g., buildings and solid walls) and natural topography (e.g., hills and berms) that obstruct the line-of-sight between a noise source and a receiver and further reduce noise levels. Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-9 Figure 4.10-3 City Noise Contours – Existing City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-10 Figure 4.10-4 City Noise Contours – Future Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-11 Figure 4.10-5 Airport Noise Contours City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-12 4.10.2 Regulatory Setting a. Federal Occupational Safety and Health Act of 1970 Under the Occupational Safety and Health Act of 1970, the Occupational Safety and Health Administration (OSHA) has adopted regulations designed to protect workers against the effects of occupational noise exposure. These regulations list permissible noise level exposure as a function of the amount of time during which the worker is exposed. The regulations further specify a hearing conservation program that involves monitoring noise to which workers are exposed, ensuring that workers are made aware of overexposure to noise, and periodically testing the workers’ hearing to detect any degradation. b. State California Building Code, Title 24, Part 2, Section 1206.4 According to the 2022 California Building Code (CBC), Title 24, Part 2, Section 1206.4 (Allowable Interior Noise Levels) of the California Code of Regulations, interior noise levels attributable to exterior sources shall not exceed 45 CNEL in any habitable room. A habitable room is typically a residential room used for living, sleeping, eating, or cooking. Bathrooms, closets, hallways, utility spaces, and similar areas are not considered habitable rooms for this regulation. California Department of Transportation As discussed in the Environmental Setting of this section, Caltrans has developed limits for the assessment of vibration from transportation and construction sources, which are reflective of standard practice for analyzing vibration impacts. Table 4.10-1 presents the impact criteria for structural damage to buildings and Table 4.10-2 presents the criteria for annoyance to humans. The State noise and vibration guidelines are to be used as guidance with respect to planning for noise, not standards and/or regulations to which the City of Carlsbad must adhere. c. Local City of Carlsbad Noise Guidelines Manual The City of Carlsbad Noise Guidelines Manual is primarily intended to address community noise issues related to land use. Carlsbad’s Noise Element policies are summarized, the science of noise is summarized, procedures for the processing of a project are explained, preferred methods for the mitigation of noise are listed, and a preferred noise report format is presented. Additionally, typical conditions of approval are listed. The Noise Guidelines Manual does not address noise issues such as animal noise, noise from parties and loud gatherings, motor vehicle noise or general nuisance noise, for which the best resource is the Carlsbad Municipal Code (CMC) Noise Ordinance (CMC Chapter 8.48). City of Carlsbad Municipal Code CMC Chapter 8.48 outlines regulations for limitation of hours for construction (i.e., the erection, demolition, alteration, or repair of any building or structure or the grading or excavation of land) Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-13 that creates disturbing, excessive, or offensive noise. 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 shall be conducted on Sundays and any federal holiday. CMC Chapter 8.48 also outlines exceptions that may be granted by the city for circumstances such as emergency repairs required to protect the health and safety of the community. The CMC does not contain quantitative noise standards for construction or for stationary sources from residential uses. City of Carlsbad 2015 General Plan The evaluation of noise in the Carlsbad General Plan focuses on motor vehicles, aircraft, construction activities, and commercial/industrial operations. The General Plan Noise Element incorporates policies and development standards intended to provide construction- and operational-phase noise control to reduce noise conflicts in the Planning Area. Applicable goals and policies in the General Plan Noise Element include: Goals Goal 5-G.1. Protect public health and welfare by eliminating existing noise problems where feasible, maintaining an acceptable indoor and outdoor acoustic environment, and preventing significant degradation of the acoustic environment. Goal 5-G.2. 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.3. Guide the location and design of transportation facilities, industrial uses and other potential noise generators to minimize the effects of noise on adjacent land uses. Goal 5-G.4. Ensure long-term compatibility between the airport and surrounding land use. Goal 5-G.5. Foster healthy and productive work environments that do not cause hearing damage or other adverse noise related health impacts to workers in Carlsbad. Policies LAND USE AND NOISE COMPATIBILITY Policy 5-P.1 Acceptability of Use Location. Use the noise and land use compatibility matrix (Table 4.10-4) and Future Noise Contours map (Figure 4.10-4) as criteria to determine acceptability of a land use, including the improvement/construction of streets, railroads, freeways and highways. Do not permit new noise-sensitive uses— including schools, hospitals, places of worship, and homes—where noise levels are “normally unacceptable” or higher, if alternative locations are available for the uses in the city. Policy 5-P.2 Required Noise Analysis. Require a noise analysis be conducted for all discretionary development proposals (except for developments of single family homes with four units or fewer) located where projected noise exposure would be other than “normally acceptable”. A required noise analysis should: a. Be prepared by a certified noise consultant or acoustical engineer; b. Be funded by the applicant; c. Include a representative, on-site day and night sound level measurement; d. Include a delineation of current (measured) and projected (General Plan or 10 years in future, whichever horizon extends further out) noise contours; e. Identify noise levels with and without the proposed project, ranging from 55 to 75 dBA (Ldn) within City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-14 the proposed development site; and f. If noise levels exceed the standards in Table 4.10-4, include a description of adequate and appropriate noise abatement measures to mitigate the noise to allowable levels for the proposed use. Policy 5-P.3 Noise-Attenuation. For all projects that require discretionary review and have noise exposure levels that exceed the standards in Table 4.10-4, require site planning and architecture to incorporate noise attenuating features. With mitigation, development should meet the allowable outdoor and indoor noise exposure standards in Table 4.10-5. When a building’s openings to the exterior are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided. Policy 5-P.4 Exterior Noise Levels Exceeding Acceptable Level. If the noise analysis shows that exterior noise levels cannot be mitigated to an acceptable level as identified in Table 4.10-5, the development should not be approved without one or more of the following findings:  Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the noise.  Changes or alterations to avoid or substantially lessen noise are within the responsibility and jurisdiction of another public agency and not the City of Carlsbad. Such changes have been adopted by such other agency or can and should be adopted by such other agency.  Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives to avoid or substantially lessen noise.  If a project is approved with exterior noise levels exceeding the acceptable noise level, all purchasers of the impacted property shall be notified in writing prior to purchase, and by deed disclosure in writing, that the property they are purchasing is, or will be, impacted by noise and does not meet City of Carlsbad noise standards for residential property. Policy 5-P.5 Noise Generation. As part of development project approval, require that noise generated by a project does not exceed standards established in Table 4.10-6. Policy 5-P.6 Berms and Sound Walls. Discourage the use of berms and sound walls for noise mitigation; rather, encourage the use of project design techniques such as increasing the distance between the noise source and the noise sensitive receiver and use non-noise sensitive structures (e.g., a garage) to shield noise sensitive areas. If a berm or wall is determined necessary to mitigate noise, discourage exclusive use of walls in excess of six feet in height and encourage use of natural barriers such as site topography or constructed earthen berms. When walls are determined to be the only feasible solution to noise mitigation, then the walls shall be designed to limit aesthetic impacts. When walls over six feet in height are necessary to mitigate noise, a berm/wall combination with heavy landscaping, a terraced wall heavily landscaped, or other similar innovative wall design technique shall be used to minimize visual impacts. Policy 5-P.7 Mitigation Cost. The City of Carlsbad shall not fund mitigation of existing or future noise impacts from streets, railroad, airport or any other source for existing or future private development within the city. Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-15 Policy 5-P.8 Noise Guidelines Manual. Update the Noise Guidelines Manual to ensure consistency with General Plan standards and policies, and contemporary practices. MOTOR VEHICLE/ROADWAY NOISE Policy 5-P.9 Continue to enforce the California Motor Vehicle Code as it applies to excessive noise. The Carlsbad Police Department should continue to reduce the number of excessively noisy vehicles on city streets and deter persons from operating their motor vehicles in a noisy manner. Policy 5-P.10 Consider noise impacts in the design of road systems and give special consideration to noise sensitive areas; to the greatest extent possible, the design of roads should minimize roadway noise to levels acceptable to surrounding areas. Policy 5-P.11 Review traffic flow systems and, wherever possible, synchronize signalization and/or implement other traffic flow improvements to avoid traffic stops and starts, and adjust traffic flow to achieve noise levels acceptable to surrounding areas. AIRPORT NOISE Policy 5-P.12 Use the noise policies in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) to determine acceptability of a land use within the airport’s influence area (AIA) as depicted in the ALUCP. Additional disclosure actions for new development in the AIA, such as avigation easements, deed restrictions, recorded notice, etc., are required of developers/sellers of noise impacted residential units. Policy 5-P.13 For projects within the Airport Influence Area, utilize the noise standards contained in the McClellan-Palomar ALUCP, as well as the noise standards contained in this element. However, reserve the right to overrule the ALUCP as provided for in State Public Utilities Code Section 21676. Policy 5-P.14 Recognize that procedures for the abatement of aircraft noise have been identified in the Fly Friendly Program for McClellan-Palomar Airport. The city expects the widespread dissemination of, and pilot adherence to, the adopted procedures. Policy 5-P.15 Expect the airport to control noise (to the extent of its limited authority granted by the Federal Aviation Administration to indirectly regulate aircraft noise through airport design and scheduling) while the city shall control land-use thus sharing responsibility for achieving and maintaining long-term noise/land-use compatibility in the vicinity of McClellan-Palomar Airport. Policy 5-P.16 Require new nonresidential development to comply with the noise compatibility criteria in the ALUCP. Require dedication of avigation easements for new developments designated as conditionally compatible for noise in the ALUCP, and which are located within the 65 dB CNEL noise contour. RAILROAD NOISE Policy 5-P.17 Coordinate with other agencies and private entities to investigate methods of implementing a railroad quiet zone and other methods of reducing railroad noise impacts on surrounding uses; such as through development of a grade separated rail corridor. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-16 WORK-RELATED NOISE Policy 5-P.18 Participate in noise control and hearing conservation programs in all appropriate work environments owned, operated, or otherwise under the control of the City of Carlsbad. Policy 5-P.19 Promote that all persons responsible for operation of noise-producing equipment or processes, exercise reasonable care to minimize casual noise exposure to unprotected workers or passers-by to reduce risk of hearing damage. Policy 5-P.20 Encourage and assist its employees in identifying and abating potential noise hazards on city-owned or controlled property. Table 4.10-4 Noise and Land Use Compatibility Matrix Land Use Category Normally Acceptable1 Conditionally Acceptable2 Normally Unacceptable3 Clearly Unacceptable4 Residential – Single Family 50-60 55-70 70-75 75-85 Residential – Multiple Family 50-65 60-70 70-75 75-85 Transient Lodging – Motels, Hotels 50-65 60-70 70-80 80-85 Schools, Libraries, Churches, Hospitals, Nursing Homes 50-70 60-70 70-80 80-85 Auditoriums, Concert N/A 50-70 65-85 N/A Sports Arena, Outdoor N/A 50-75 70-85 N/A Playgrounds, Parks 50-70 N/A 67.5-75 72.5-85 Golf Courses, Riding Stables, Water Recreation, Cemetaries 50-75 N/A 70-80 80-85 Office Buildings, Business Commercial and Professional, 50-70 67.5-77.5 75-85 N/A Industrial, Manufacturing, Utilities, Agriculture 50-75 70-80 75-85 N/A 1 Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. 2 Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the design. 3 Normally Unacceptable: New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. 4 Clearly Unacceptable: New construction or development clearly should not be undertaken. Source: Adapted from Table 5-1, City of Carlsbad 2015 While Table 4.10-4 establishes standards to help the city determine the appropriateness of locating specific uses in noise-prone environments, Table 4.10-5 provides standards that development shall attain through noise attenuation measures. Table 4.10-6 provides standards for noise from non- transportation noise sources such as, but not limited to, industrial facilities, automotive servicing, car washes, equipment yards, nightclubs, hotels, and shopping centers. These standards apply to the noise sources themselves, as measured at the edge of the property line; noise caused by motor vehicles traveling to and from the site is exempt from this standard. Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-17 Table 4.10-5 Allowable Noise Exposure1 Type of Use Maximum Exterior Allowable Noise Level (dBA Leq)2,3 Maximum Interior Allowable Noise Level (dBA Leq) Residential 604 45 Motels, Hotels 65 45 Hospitals, Residential Care Facilities, Schools, Libraries, Museums, Churches, Day Care Facilities 65 45 Playgrounds, Parks, Recreation Uses 65 50 Commercial and Office Uses 65 50 Industrial Uses 70 65 dBA = A-weighted decibel; CNEL = Community Noise Equivalent Level; Leq = average noise level equivalent 1 Development proposed within the McClellan-Palomar Airport Area of Influence shall also be subject to the noise compatibility policies contained in the ALUCP. 2 For non-residential uses, where an outdoor activity area is not proposed, the standard does not apply. Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving use 3 Where it is not possible to reduce noise in outdoor activity areas to the allowable maximum, levels up to 5 dB higher may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table. 4 An exterior noise exposure level of 65 dBA CNEL is allowable for residential uses in a mixed-use project and for residential uses within the McClellan-Palomar Airport Area of Influence, pursuant to the noise compatibility policies contained in the ALUCP. Source: Adapted from Table 5-2, City of Carlsbad 2015 Table 4.10-6 Performance Standards for Non-Transportation Sources (As Measured at Property Line of Source/Sensitive Use) Land Use Designation Daytime (7:00 a.m. to 10:00 p.m.)1 Nighttime (10:00 p.m. to 7:00 a.m.)1 Hourly Leq, dB 55 45 Maximum Level, dB 75 65 dBA = A-weighted decibel; CNEL = Community Noise Equivalent Level; Leq = average noise level equivalent 1 Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. Source: Adapted from Table 5-3, City of Carlsbad 2015 4.10.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds In accordance with Appendix G of the CEQA Guidelines, the project’s noise and vibration impacts would be significant if it would: 1. Generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies 2. Generate excessive groundborne vibration or groundborne noise levels 3. For a project located within the vicinity of a private airstrip or 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, expose people residing or working in the project area to excessive noise levels City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-18 The following discussion identifies specific thresholds used to analyze the general CEQA thresholds listed above. Construction Noise As described under Section 4.10.2, Regulatory Framework, CMC Chapter 8.48 outlines regulations for limitation of hours for construction (i.e., the erection, demolition, alteration, or repair of any building or structure or the grading or excavation of land) that creates disturbing, excessive, or offensive noise. 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 shall be conducted on Sundays and any federal holiday. CMC Chapter 8.48 also outlines exceptions that may be granted by the city for circumstances such as emergency repairs required to protect the health and safety of the community. However, the CMC does not provide a quantitative construction noise threshold. In the absence of applicable local noise level limits, this analysis references guidance from the Federal Transit Administration’s (FTA) Transit Noise and Vibration Impact Assessment Manual to establish a quantified threshold against which to assess the impact of construction noise (FTA 2018); FTA recommends that reasonable noise criteria may include those shown in Table 4.10-7. Construction noise would be significant if it exceeded this noise criteria. Table 4.10-7 Construction Noise Criteria Land Use Daytime Leq (8-hour) Nighttime Leq (8-hour) Residential 80 70 Commercial 85 85 Industrial 90 90 Source: FTA 2018 Operational Noise Stationary noise would be subject to the city noise limits in Table 4.10-6. Roadway noise would result in a significant impact if development accommodated under the project would cause the ambient noise level measured at the property line of affected uses to increase by 3 dBA, which would be a barely perceptible increase in traffic noise. Groundborne Vibration The city has not adopted a significance threshold to assess vibration impacts during construction and operation. Therefore, the Caltrans Transportation and Construction Vibration Guidance Manual (2020) is used to evaluate potential construction vibration impacts related to both potential building damage and human annoyance. Construction vibration impacts from development would be significant if vibration levels exceed the Caltrans criteria shown in Table 4.10-1 and Table 4.10-2. For example, impacts would be significant if vibration levels exceed 0.5 in./sec. PPV for residential structures and 2.0 in./sec. PPV for commercial structures, which is the limit where minor cosmetic (i.e., non-structural) damage may occur to these buildings. Construction vibration impacts would also be significant if vibration levels exceed 0.12 in./sec. PPV for extremely fragile historic buildings, as shown in Table 4.10-1. In addition, construction vibration impacts would cause significant human annoyance at nearby receivers if vibration levels exceed 0.25 in./sec. PPV, which is the limit where vibration becomes distinctly perceptible from barely perceptible. Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-19 Airport Noise Exposure to airport noise would be significant if new development is located within the noise contours of the McClellan-Palomar Airport that exceed the city’s land use compatibility standards shown in Table 4.10-4. Methodology As discussed in Section 2, Project Description, the project is a plan to accommodate forecasted growth and existing and future need for housing that would result in land use and zoning changes that could allow up to 3,280 housing units on 18 rezone sites in the city. The following discussion describes the methodology, including models, used to evaluate the significance of potential noise and vibration impacts related to the forecasted construction and operation of 3,280 housing units accommodated by the project. Construction Noise The primary source of temporary noise associated with the project would be construction activities associated with proposed development. Construction equipment can be considered to operate in two modes: stationary and mobile. Stationary equipment operates in a single location for one or more days at a time, with either fixed-power operation (e.g., pumps, generators, and compressors) or variable-power operation (e.g., pile drivers, rock drills, and pavement breakers). Mobile equipment moves around a construction site with power applied in cyclic fashion, such as bulldozers, graders, and loaders (FTA 2018). Each phase of construction has its own noise characteristics due to specific equipment mixes; some will have higher continuous noise levels than others and some may have high-impact intermittent noise levels (FTA 2018). Therefore, construction noise levels may fluctuate depending on the type of equipment being used, construction phase, or equipment location. In typical construction projects on vacant sites, grading activities typically generate the highest noise levels because grading involves the largest equipment and covers the greatest area. Foundation excavation and construction is often the second loudest phase, followed by paving and building construction. Variation in power imposes additional complexity in characterizing the noise source level from construction equipment. Power variation is accounted for by describing the noise at a reference distance from the equipment operating at full power and adjusting it based on the duty cycle, or percent of operational time, of the activity to determine the Leq of the operation (FTA 2018). For assessment purposes, noise levels for common construction equipment provided in the FTA Transit Noise and Vibration Impact Assessment (2018) guidance document were used to analyze potential noise levels associated with future development under the project. The FTA provides typical noise levels at 50 feet from various types of equipment. Construction noise was also estimated using the FHWA’s Roadway Construction Noise Model (RCNM) (2006). RCNM predicts construction noise levels for a variety of construction operations based on empirical data and the application of acoustical propagation formulas. Using RCNM, construction noise levels were estimated at a distance of 50 feet from future development. In general, smaller developments on urban infill sites are not likely to result in substantial construction noise impacts because construction activities at these sites are inherently limited by the size of the site. The size of urban infill project sites typically limits the use of the largest (i.e., noisiest) pieces of heavy-duty equipment. The size of a project site also typically limits the size of the development and the related duration of construction activities. Although some individuals may City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-20 find construction noise of any kind or of any duration very disturbing, as a general matter, typical construction (including with the implementation of mitigation measures described in further detail in the following subsection) does not result in and would not be considered a significant impact. Therefore, while urban infill developments that meet the following criteria could result in disturbance to residents and employees at adjacent properties, resulting noise levels typically would not result in significant construction noise impacts:  One subterranean level or less (generally 20,000 cubic yards or less of excavated soil material);  Construction durations of less than 18 months (excluding interior finishing);  Use of equipment rated less than 300 horsepower, typically small and medium backhoes, bulldozers, etc.; and  No potential for pile driving. Larger projects that require extended construction or heavy-duty equipment could expose sensitive uses to more continuous and/or louder noise impacts and result in significant short-term noise exposure. When noise-sensitive land uses (e.g., residences, schools, libraries, hospitals) are located within 500 feet of a project site, projects that meet one or more of the characteristics below may have the potential to result in significant impacts:  Two subterranean levels or more (generally more than 20,000 cubic yards of excavated soil material);  Construction durations of 18 months or more (excluding interior finishing);  Use of large, heavy-duty equipment rated 300 horsepower or greater; or  The potential for pile driving. On-site Operational Noise The primary on-site noise sources associated with operation of project developments would include noise from stationary heating, ventilation, and air conditioning (HVAC) equipment, on-site vehicle movement (e.g., delivery and trash hauling), and outdoor activities. Analysis of outdoor activity considers the existing noise environment and refers to regulations included in the city’s municipal code (i.e., Title 8 and 21) and the Noise Element. Specification for a typical to larger-sized residential condenser was used to determine project HVAC noise; the unit used for this analysis is a Carrier 38HDR060 split system condenser. The manufacturer’s noise data lists the unit as having a sound power level of 72 dBA (Carrier 2011). Off-site Operational Noise Development accommodated under the project would generate motor vehicle trips, thereby increasing off-site traffic on area roadways. The project’s off-site traffic noise impacts are analyzed based on data from the Transportation Modeling Considerations and Results Memorandum completed by Fehr & Peers dated April 2023, which is included as Appendix E. The overall increase in traffic noise was estimated using vehicle miles traveled (VMT) data from the Memorandum for existing conditions (Year 2016), future without project conditions (i.e., Year 2035 without the project), and future with project conditions (i.e., Year 2035 with the project). Groundborne Vibration Operation of development accommodated by the project would not include substantial vibration sources (e.g., use of heavy equipment). Rather, construction activities would have the greatest Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-21 potential to generate groundborne vibration affecting sensitive receivers and/or structures adjacent to a construction site, especially during grading and when a site is located near a historic site or structure. As discussed in Section 4.4, Cultural and Tribal Cultural Resources, the City of Carlsbad possesses four known individual historical resources on or immediately adjacent to one of the rezone sites. A quantitative assessment of potential vibration impacts from construction activities was conducted using equations developed by Caltrans (Caltrans 2020). Table 4.10-8 shows typical vibration levels for various pieces of construction equipment used in the construction vibration assessment. Table 4.10-8 Typical Vibration Levels for Construction Equipment Equipment PPV (in./sec.) at 25 Feet Pile Driver (Impact) 0.644 Pile Driver (Sonic) 0.170 Vibratory Roller 0.210 Hoe Ram 0.089 Large Bulldozer 0.089 Caisson Drilling 0.089 Loaded Truck 0.076 Jackhammer 0.035 Small Bulldozer 0.003 Sources: FTA 2018; Caltrans 2020 Because groundborne vibration could cause physical damage to structures and is measured in an instantaneous period, vibration impacts are typically modeled based on the distance from the location of vibration-intensive construction activities, which is conservatively assumed to be edge of a project site, to the edge of the nearest off-site structures. For assessment purposes, vibration levels for the construction equipment shown in Table 4.10-8 were modeled at various incremental distances between 25 feet and 100 feet to analyze potential vibration levels associated with future development under the project. Vibration calculations are included in Appendix D. b. Prior Environmental Analysis The 2015 General Plan EIR measured noise conditions at sites throughout Carlsbad and developed noise contours that show noise levels are highest along I-5 and arterial roadways (See Figure 3.10-1 and Figure 3.10-2 of the 2015 General Plan for noise measurement locations and noise contours). The 2015 General Plan EIR determined that temporary impacts to noise from construction would be less than significant (Section 3.10, Noise: 3.10-21 through 3.10-38). The General Plan also establishes policies that would mitigate operational impacts to less than significant. Vibration and increase in noise near sensitive land uses were also found to have less than significant impacts for General Plan implementation. The 2015 General Plan EIR further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for noise and vibration reduction. The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-22 impacts related to noise. Therefore, all the CEQA checklist items listed above under Significance Criteria are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to noise would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project result in generation of a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Impact NOI-1 CONSTRUCTION WOULD BE REQUIRED TO COMPLY WITH THE ALLOWED DAYTIME CONSTRUCTION HOURS REGULATED BY THE CARLSBAD MUNICIPAL CODE AND, THEREFORE, WOULD NOT OCCUR DURING NIGHTTIME HOURS WHEN PEOPLE ARE MORE SENSITIVE TO NOISE. IMPLEMENTATION OF MITIGATION MEASURE NOI-1 WOULD REDUCE CONSTRUCTION NOISE LEVELS FOR LARGER DEVELOPMENTS; HOWEVER, CONSTRUCTION NOISE MAY STILL EXCEED THRESHOLDS AND THIS IMPACT WOULD BE SIGNIFICANT AND UNAVOIDABLE. Future construction activity would require the use of a variety of noise-generating equipment that would result in temporary increases in ambient noise levels on an intermittent basis. Typical noise levels at 50 feet from various types of equipment that may be used during construction are listed in Table 4.10-9. The loudest noise levels are typically generated by impact equipment (e.g., pile drivers) and heavy-duty equipment (e.g., cranes, scrapers, and graders). Construction noise would occur intermittently throughout construction, and in some instances, multiple pieces of equipment may operate simultaneously, generating overall noise levels that are incrementally higher than what is shown in Table 4.10-9. Table 4.10-9 Construction Equipment Noise Levels Equipment Typical Noise Level (dBA) at 50 Feet from Source Air Compressor 80 Backhoe 80 Compactor 82 Concrete Mixer 85 Concrete Pump 82 Concrete Vibrator 76 Crane, Derrick 88 Crane, Mobile 83 Dozer 85 Generator 82 Grader 85 Jackhammer 88 Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-23 Equipment Typical Noise Level (dBA) at 50 Feet from Source Loader 80 Paver 85 Pile-driver (Impact) 101 Pile-driver (Sonic) 95 Pneumatic Tool 85 Pump 77 Roller 85 Saw 76 Scarifier 83 Scraper 85 Shovel 82 Truck 84 Sources: FTA 2018 Sensitive receivers are located throughout the city and could be exposed to noise associated with construction activities from reasonably foreseeable development under the project. As discussed in Section 4.10.1, Environmental Setting, sensitive receivers in the city consist of residences, schools, churches, and hospitals. This analysis assumes that construction activities would occur within 50 feet from sensitive receivers throughout the course of a typical construction day. As shown in Table 4.10-9, sensitive receivers would be exposed to instantaneous noise levels ranging from 76 to 88 dBA at 50 feet from typical construction equipment and could reach as high as 101 dBA through the use of pile drivers. However, a typical construction day includes the operation of multiple pieces of equipment at once with noise levels averaged over the construction day. For assessment purposes, a construction noise level at 50 feet from the source was estimated using RCNM and was based on an excavator, dozer, and jackhammer operating simultaneously. These pieces of equipment generate some of the highest noise levels during demolition and grading phases of construction. As shown in Table 4.10-10, the combined noise level (dBA Leq) from these pieces of equipment is estimated at 84 dBA Leq at 50 feet. Table 4.10-10 Typical Construction Noise Level at 50 Feet Equipment dBA Leq (8-hour) at 50 Feet Excavator, Dozer, Jackhammer 84 See Appendix D for RCNM results. Construction noise levels would vary depending on the type of equipment, the duration of use, the distance to receivers, and the potential for pile driving. Engine noise reduction technology, including silencers, continues to improve, but heavy construction equipment would still generate noise exceeding ambient levels that could cause intermittent annoyance to nearby receivers. Noise associated with construction of development under the project would be typical of residential construction, but as shown in Table 4.10-10, could exceed the 80 dBA Leq (8-hour) daytime significance threshold at residences. The city has adopted specific limitations in CMC Chapter 8.48 for construction activities that requires compliance with the provisions of the Noise Ordinance for all construction activities City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-24 occurring outside the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays and any federal holiday. CMC Chapter 8.48 also outlines exceptions that may be granted by the city for circumstances such as emergency repairs required to protect the health and safety of the community. These standards would ensure that construction noise impacts do not occur during noise-sensitive hours of sleep. As previously discussed in Methodology of this section, development accommodated under the project that could result in construction noise would tend to include larger projects with the following components within 500 feet of a noise-sensitive land uses (e.g., residences, schools, libraries, hospitals):  Two subterranean levels or more (generally more than 20,000 cubic yards of excavated soil material);  Construction durations of 18 months or more (excluding interior finishing);  Use of large, heavy-duty equipment rated 300 horsepower or greater; or  The potential for pile driving. While these larger projects are not considered typical, they could potentially result in significant noise impacts, particularly upon potentially adjacent residential zones or other nearby sensitive receivers, and temporarily increase ambient noise levels above FTA noise limits. The type of construction equipment, proximity of sensitive receivers to the site, and the overall duration of construction are key factors in determining whether construction-related noise would be significant at the project-level as opposed to determining construction noise impacts at the programmatic level. Based on typical construction equipment noise levels, the anticipated duration of construction activities, and type of equipment used for larger developments, the project could result in potentially significant construction noise impacts on a project-specific basis at nearby sensitive receivers. This impact is potentially significant. Mitigation Measures The following mitigation measure is required to reduce construction-related noise impacts to sensitive receivers near subsequent development projects that include one or more of the following components within 500 feet of a noise-sensitive land uses (e.g., residences, schools, libraries, hospitals):  Two subterranean levels or more (generally more than 20,000 cubic yards of excavated soil material);  Construction durations of 18 months or more (excluding interior finishing);  Use of large, heavy-duty equipment rated 300 horsepower or greater; or  The potential for pile driving. If a project is not within 500 feet of a noise-sensitive or does not include one of more of the components listed above, construction noise impacts would be less than significant and the following mitigation measure is not required. NOI-1 Construction Noise Reduction Measures The following construction noise reduction measures shall be implemented during project construction: Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-25  Shielding and Silencing. Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with noise shielding and silencing devices consistent with manufacturer’s standards or the Best Available Control Technology. Equipment shall be properly maintained, and the project applicant or owner shall require construction contractors to keep documentation on-site during earthwork or construction activities demonstrating that the equipment has been maintained in accordance with manufacturer’s specifications.  Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed or screened from off-site noise-sensitive uses to the extent feasible. The equipment enclosure or screen shall be impermeable (i.e., solid material with minimum weight of 2 pounds per square feet) and break the line-of-sight from the equipment and off-site noise-sensitive uses.  Construction Staging Areas. Construction staging areas shall be located as far from noise- sensitive uses as reasonably feasible in consideration of site boundaries, topography, intervening roads and uses, and operational constraints.  Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios, including any on-site music, shall be controlled to a point that they are not audible at off-site noise-sensitive uses.  Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall not be used, except in locations where the underlying geology renders alternative methods infeasible, as determined by a soils or geotechnical engineer and documented in a soils report.  Temporary Sound Barriers. Temporary sound barriers, such as walls or sound blankets, shall be positioned between construction activities and noise-sensitive uses when construction equipment is located within a line-of-sight to and within 500 feet of the ground-floor exterior use areas of off-site noise-sensitive uses. Sound barriers shall break the line-of-sight between the construction noise source and the ground-floor exterior use area receiver where modeled levels exceed applicable standards. Placement, orientation, size, and density of acoustical barriers shall be specified by a qualified acoustical consultant.  Noise Complaint Response. Project applicants shall designate an on-site construction project manager who shall be responsible for responding to any complaints about construction noise. This person shall be responsible for responding to concerns of neighboring properties about construction noise disturbance and shall be available for responding to any construction noise complaints during the hours that construction is to take place. They shall also be responsible for determining the cause of the noise complaint (e.g., bad silencer) and shall require that reasonable measures be implemented to correct the problem. A toll-free telephone number and email address shall be posted in a highly visible manner on the construction site at all times and provided in all notices (mailed, online website, and construction site postings) for receiving questions or complaints during construction and shall also include procedures requiring that the on-site construction manager to respond to callers and email messages. The on-site construction project manager shall be required to track complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction and shall notify the city’s Community Development Director of each complaint occurrence. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-26  Project-Specific Construction Noise Study. A Construction Noise Study shall be prepared by a qualified noise expert. The Construction Noise Study shall characterize sources of construction noise, quantify noise levels at noise-sensitive uses (e.g., residences, schools, churches, and hospitals) and identify measures to reduce noise exposure. The Construction Noise Study shall identify reasonably available noise reduction devices or techniques to reduce noise levels to acceptable levels and/or durations including through reliance on any relevant federal, state or local standards or guidelines or accepted industry practices. Noise reduction devices or techniques may include but not be limited to silencers, enclosures, sound barriers, and/or placement of restrictions on equipment or construction techniques (e.g., alternative installation methods to pile driving such as cast-in-place systems or pile cushioning). Each measure in the Construction Noise Study shall identify anticipated noise reductions at noise-sensitive land uses. Project applicants shall be required to comply with all requirements listed above in addition to any additional requirements identified and recommended by the Construction Noise Study and shall maintain proof that notice of, as well as compliance with, the identified measures have been included in contractor agreements. Significance After Mitigation Mitigation Measure NOI-1 would reduce construction noise impacts whenever a development project is located within 500 feet of a noise-sensitive land use. For example, measures such as a temporary noise barrier can reduce noise levels from 5 dBA to 15 dBA, which would reduce construction noise levels from typical development to below 80 dBA Leq during an 8-hour period. However, given that exact details of future construction projects are unknown at this time, it is conservatively assumed that construction noise may exceed applicable thresholds, even with implementation of Mitigation Measure NOI-1, and this impact would be significant and unavoidable. Threshold 1: Would the project result in generation of a substantial permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Impact NOI-2 OPERATIONAL ACTIVITIES (E.G., HVAC UNITS, DELIVERY AND TRASH TRUCKS) WOULD BE TYPICAL OF THE URBAN ENVIRONMENT AND WOULD BE REQUIRED TO COMPLY WITH APPLICABLE NOISE STANDARDS IN THE CARLSBAD MUNICIPAL CODE. FURTHERMORE, WHILE DEVELOPMENT WOULD GENERATE VEHICLE TRIPS IN THE CITY, THE INCREASE IN MOBILE NOISE WOULD NOT RESULT IN A PERCEPTIBLE 3-DBA INCREASE. THEREFORE, NOISE INCREASES DUE TO PROJECT OPERATION WOULD BE LESS THAN SIGNIFICANT. Development accommodated under the project would include residential development at increased intensity and density throughout the city that would generate on-site operational noise from stationary sources and off-site operational noise from vehicle trips. Typical noise sources associated with residential uses include stationary HVAC equipment, on-site vehicle movement (e.g., delivery and trash hauling), outdoor activities, and off-site traffic. On-site Operational Noise HVAC EQUIPMENT Future development would place HVAC units on ground-level or rooftops of residences. With typical setbacks from nearby properties, HVAC units would typically be located at a distance of 30 feet or Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-27 more from adjacent sensitive uses. Based on manufacturer’s specifications, a Carrier 38HDR060 split-system with a sound power level of 72 dBA would generate a noise level of approximately 45 dBA at a distance of 30 feet. This would not exceed the city’s performance standard for non- transportation sources of 55 dBA Leq (one-hour) during the daytime hours or 45 dBA Leq (one-hour) during the nighttime hours and would be well below the maximum allowable noise level of 65 dBA. Therefore, operation of HVAC equipment would have a less than significant noise impact. VEHICLE ACTIVITY (DELIVERY AND TRASH HAULING) Future residential development would increase the number of delivery and trash hauling trucks traveling through the city to individual development sites. Increased delivery and trash hauling trucks could intermittently expose various sensitive receivers to increased truck noise. Section 23130 of the California Motor Vehicle Code establishes maximum sound levels of 86 dBA Leq at 50 feet for trucks operating at speeds less than 35 miles per hour. While individual delivery truck and/or loading or trash pick-up operations would likely be audible at properties adjacent to individual development, such operations are already a common occurrence in the urban environment. In addition, solid waste pick-up operations are typically scheduled during daytime hours when people tend to be less sensitive to noise. Furthermore, these noise events from trucks are typically transient and intermittent, and do not occur for a sustained period of time. Therefore, the project would not result in a substantial permanent increase in ambient noise levels from trash and delivery trucks due their prevalence in the city and the existing ambient noise environment, resulting in a less than significant impact. OUTDOOR ACTIVITY AREAS Housing developments would generate noise from conversations, music, television, or other outdoor sound-generating equipment (e.g., leaf blowers), particularly in the event future residents maintain open windows or such activities take place on balconies. However, these noise-generating activities would be similar to those of the existing urban environment. Moreover, Section 8.48.020 of the CMC permits an owner or tenant of residential property to engage in a home improvement or home construction project between the hours of 8:00 a.m. and 6:00 p.m. on Sundays and holidays, subject to modification by subsection B of this section, provided such project is for the benefit of said residential property and is personally carried out by said owner/occupant or resident/tenant. Required compliance with code enforcement would reduce operational noise impacts related to conversations and sound-generating equipment to a less than significant level. Off-site Operational Noise The overall increase in traffic noise from the project was estimated using VMT data from the Transportation Modeling Considerations and Results Memorandum prepared by Fehr & Peers (Appendix E) for future without Project and future with Project conditions. These scenarios are shown in Table 4.10-11. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-28 Table 4.10-11 Daily VMT Summary Total VMT Future without project, with adopted General Plan (2035) 3,661,216 Future with project (2035) 3,733,018 Change in VMT +71,802 Percent Change in VMT (%) 2% Source: Fehr & Peers 2023 As shown in Table 4.10-11, daily VMT under the future with project scenario would increase by approximately 2 percent over the future without project scenario. A 2 percent increase in VMT on a roadway would equate to an increase of approximately 0.1 dBA. Therefore, the project would not double the existing mobile noise source and would not increase noise levels by even the most conservative threshold of 3 dBA, which is considered a barely perceptible noise increase. Although a 2 percent or more increase in VMT may occur at local level in areas where substantial new housing is proposed, a doubling of VMT is still not anticipated to occur based on the citywide increase of 2 percent. Therefore, off-site traffic noise impacts would be less than significant. Land Use Compatibility Agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project’s future users or residents. In California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal. 4th 369, the California Supreme Court explained that an agency is only required to analyze the potential impacts to future residents if the project would exacerbate those existing environmental hazards or conditions. CEQA analysis is therefore concerned with a project’s impact on the environment, rather than with the environment’s impact on a project and its users or residents. Therefore, bringing a population into an area where noise currently exists is not a significant environmental impact under CEQA unless doing so would exacerbate noise conditions. Nonetheless, the following analysis of potential exposure to excessive noise is provided for informational purposes. Implementation of the project would expose future housing development to ambient noise levels that characterize the city, predominantly associated with vehicular traffic. Figure 4.10-3 and Figure 4.104 display land uses along major arterial roadways exposed to noise levels of 65 CNEL. Based on the city’s land use compatibility standards shown in Table 4.10-5, noise up to 60 CNEL is allowable for outdoor activity areas of residential uses and 45 CNEL is allowable for interior spaces of residential uses. Sites that may be within these noise contours for the roadways include Sites 1, 2, 3, 4, 5, 9, 10, 11, 12, 16, and 17. In addition, sites located adjacent to the rail line, such as Sites 5, 14, 15, 17, and 18, could be exposed to high noise levels. Therefore, new housing development could be exposed to noise levels above the allowable range for residences. This would potentially be in conflict with Policy 5-P.1, which states to not permit new noise-sensitive uses—including schools, homes—where noise levels are “normally unacceptable” or higher, if alternative locations are available for the uses in the city. The 18 sites that are a part of the proposed project did consider alternative locations; the subset of sites chosen are the ones that met City criteria for the updates. Even though several sites would be in the “normally unacceptable” criteria, they meet the other required criteria for rezoning and including in the sites inventory and thus were retained. In addition, these sites would be subject Policies 5-P.2, 5-P.3, and 5-P.4, that would require noise analysis, noise attenuation to meet standards, and if noise levels cannot be reduced to below Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-29 acceptable levels, the city would not approve the project unless one or more of the findings under Policy 5-P.4 are determined. The city also has an interior noise standard of 45 CNEL for residences, which is consistent with the State’s interior noise standard. According to the CBC, Title 24, Part 2, Section 1206.4, the proposed multi-family residences must be constructed and designed such that interior noise levels do not exceed 45 CNEL. Generally, any large structure blocking the line of sight (e.g., a concrete block wall on a property’s boundary) will provide at least a 5-dBA reduction in source noise levels at the receiver (FHWA 2011). Building materials can also substantially reduce occupants’ exposure to noise. The FHWA’s guidelines indicate that modern building construction generally provides an exterior-to-interior noise level reduction of 20 to 35 dBA with closed windows (FHWA 2011). Modern residential buildings in California are typically constructed with storm windows, single- or double-glazed, that achieve the required energy saving on heating and cooling, which also provide an exterior-to-interior noise level reduction of at least 20 dBA. Based on a noise exposure level of approximately 70 CNEL and a noise attenuation of at least 20 dBA, the interior noise level within new housing development could be up to 50 CNEL. Nonetheless, housing development would be required to comply with the General Plan Environmental Hazards Element policies and CBC, Title 24, Part 2, Section 1206.4, which would collectively govern excessive noise exposure and require that sensitive uses achieve an interior noise level of 45 dBA or less in any habitable room through appropriate sound insulation (e.g., dual-paned windows, exterior doors with solid core and perimeter weather stripping). Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 2: Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Impact NOI-3 PROJECT DEVELOPMENT WOULD NOT INVOLVE OPERATIONAL ACTIVITIES THAT WOULD RESULT IN SUBSTANTIAL VIBRATION LEVELS. HOWEVER, USE OF PILE DRIVING OR A VIBRATORY ROLLER COULD POTENTIALLY GENERATE VIBRATION EXCEEDING THRESHOLDS FOR BUILDINGS OR STRUCTURES SUSCEPTIBLE TO DAMAGE (E.G., HISTORIC STRUCTURES). THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION. Project development would not involve activities that would result in substantial vibration levels, such as use of heavy equipment. Operational groundborne vibration in the vicinity of development associated with the project would be primarily generated by vehicular travel on the local roadways. According to the FTA Transit Noise and Vibration Impact Assessment (2018) guidance document, rubber tires and suspension systems dampen vibration levels from trucks to a level that is rarely perceptible. Therefore, traffic vibration levels associated with the expected additional trips from the project would not be perceptible by sensitive receivers. Impacts related to operational groundborne vibration would be less than significant. The remainder of this analysis focuses on impacts related to construction activities associated with future housing development. Construction activities associated with housing development accommodated by the project would result in varying degrees of groundborne vibration depending on the equipment and methods employed. Operation of construction equipment causes vibration that spreads through the ground and diminishes in strength with distance. Buildings with foundations in the soil in the vicinity of a construction site respond to these vibrations with varying results ranging from no perceptible City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-30 effects at the lowest levels, low rumbling sounds and perceptible vibrations at moderate levels, and slight damage at the highest levels. Construction vibration is a localized event and is typically only perceptible to a receiver that is in close proximity to the vibration source. Construction for housing development would require heavy equipment, particularly development with certain geologic conditions that may require pile driving. Such heavy equipment could potentially operate within 25 feet of nearby buildings when accounting for equipment setbacks. As shown in Table 4.10-12, general construction equipment such as a vibratory roller would generate vibration levels up to 0.21 in./sec. PPV at 25 feet, while more intensive equipment such as pile driving could generate a vibration level of approximately 0.64 in./sec. PPV at 25 feet. Vibration levels shown in bolded and underlined text exceed one or more of the Caltrans criteria shown in Table 4.10-1 and Table 4.10-2. Table 4.10-12 Construction Equipment Noise Levels Equipment PPV (in./sec.) 25 Feet 50 Feet 75 Feet 100 Feet 125 Feet Pile Driver (Impact) 0.6441,2,3,5 0.3001,5 0.1921 0.1401 0.1101 Pile Driver (Sonic) 0.1701 0.079 0.051 0.037 0.029 Vibratory Roller 0.2101 0.098 0.063 0.046 0.036 Hoe Ram 0.089 0.042 0.027 0.019 0.015 Large Bulldozer 0.089 0.042 0.027 0.019 0.015 Caisson Drilling 0.089 0.042 0.027 0.019 0.015 Loaded Truck 0.076 0.036 0.023 0.017 0.013 Jackhammer 0.035 0.016 0.011 0.008 0.006 Small Bulldozer 0.003 0.001 <0.001 <0.001 <0.001 Notes: Vibration levels shown in bolded and underlined text exceed one or more of the Caltrans criteria shown in Table 4.10-1 and Table 4.10-2. Superscripts specify the threshold exceeded by each piece of equipment. 1 Exceeds the 0.1 in./sec. Caltrans damage threshold for historic sites (and other critical locations). 2 Exceeds the 0.5 in./sec. Caltrans damage threshold for historic and other/similar old buildings. 3 Exceeds the 0.5 in./sec. Caltrans damage threshold for older residential structures. 4 Exceeds the 1.0 in./sec. Caltrans damage threshold for newer residential structures. 5 Exceeds the 0.25 in./sec. Caltrans human annoyance threshold. Sources: FTA 2018; Caltrans 2020 According to Caltrans impact criteria shown in Table 4.10-1, the damage threshold for historic sites (which are most sensitive to impacts from groundborne vibration) is 0.12 in./sec. PPV. Groundborne vibration from hoe rams, bulldozers, caisson drilling, loaded trucks, and jackhammers would not exceed the 0.1 in./sec. PPV threshold for sensitive historic sites. While groundborne vibration from vibratory rollers would only exceed the threshold for building damage for historic sites at 25 feet from the source, vibration levels from pile driving would exceed one or more of the building damage thresholds shown in Table 4.10-1 for historic sites, general old buildings, and older and newer residential structures. Furthermore, vibration levels associated with pile driving would also exceed the threshold of 0.25 in./sec. PPV for human annoyance at various distances up to 75 feet, as shown in Table 4.10-12. As discussed in Section 4.4, Cultural and Tribal Cultural Resources, a review of National Register of Historic Places, California Office of Historic Preservation (OHP) website, the Built Environment Resources Directory, City of Carlsbad historic property list, and previous historical resources documentation prepared in or for the City of Carlsbad identified four known individual historical Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-31 resources on or immediately adjacent to one of the 18 sites making up the project area. All buildings would be subject to potential impacts from construction vibration; buildings with historic significance would each have varying degrees of susceptibility to groundborne vibration damage depending on the structural integrity of said buildings. Therefore, new development accommodated under the project could result in a potentially significant impact related to construction vibration. Mitigation Measure The following mitigation measure is required. NOI-2 Vibration Control Plan For construction activities involving vibratory rollers within 50 feet of a structure or pile drivers (impact or sonic) within 140 feet of a structure, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods required to minimize vibration, including, but not limited to:  Alternative installation methods for pile driving (e.g., pile cushioning, drilled piles, cast-in-place systems) within 140 feet of a building to reduce impacts associated with seating the pile  Vibration monitoring prior to and during pile driving operations occurring within 140 feet of a building  Use of rubber-tired equipment rather than metal-tracked equipment  Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected extremely fragile buildings/historical resources and/or residential structures. The survey letter shall determine conditions that exist prior to the commencement of construction activities for use in evaluating potential damages caused by construction. Fixtures and finishes susceptible to damage shall be documented photographically and in writing prior to construction. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer shall issue a follow-up letter describing damage, if any, to impacted buildings and structures. The letter shall include recommendations for any repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24). A Statement of Compliance signed by the applicant and owner shall be submitted to the city’ Building and Safety Division at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above shall be documented by a qualified structural engineer, and shall be provided to the city upon request. Significance After Mitigation Through a Vibration Control Plan, Mitigation Measure NOI-2 would reduce vibration impacts associated with construction activities involving vibratory rollers within 50 feet of a structure or pile drivers (impact or sonic) within 140 feet of a structure. Therefore, vibration impacts from construction activities would be less than significant with mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-32 Threshold 3: For a project located within the vicinity of a private airstrip or 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 expose people residing or working in the project area to excessive noise levels? Impact NOI-4 FUTURE DEVELOPMENT UNDER THE PROPOSED PROJECT WOULD NOT BE EXPOSED TO EXCESSIVE NOISE LEVELS FROM OVERHEAD FLIGHT PATTERNS FROM THE MCCLELLAN-PALOMAR AIRPORT DUE TO THE DISTANCE OF THE DEVELOPMENT FROM THE AIRPORT OR WITH IMPLEMENTATION OF AIRPORT LAND USE COMPATIBILITY PLAN AND GENERAL PLAN POLICIES. IMPACTS WOULD BE LESS THAN SIGNIFICANT. The McClellan-Palomar Airport is located in the central portion of the city. Sites 4, 6, 7, 8, 9, and 10, 11, 12 and 16 are within two miles of the airport. As shown on Figure 4.10-5, Sites 6, 8, 9, and 16 are located within the 60 to 65 dB CNEL noise contour of the McClellan-Palomar Airport. None of the sites are located within the noise contours above 65 dB CNEL except for a small portion of northern corner of Site 9 which is within the 65-70 dB CNEL noise contour. The McClellan-Palomar ALUCP includes development policies regarding the compatibility of development areas and exposure to noise (e.g., residential infill development shall not be allowed where exposure to noise levels of more than 65 dBA CNEL may occur). Although a small portion of Site 9 is within the 65-70 dB CNEL noise contour, a project has been approved at this site for 192 units that included its own project- level CEQA review. The portion of the project site in the 65-70 dB CNEL noise contour is also within Safety Zone 3 and would include low density units to comply with ALUCP policies. The project was found not to conflict with ALUCP policies related to safety or noise. Therefore, overall, except for a small portion of Site 9, none of the sites would be exposed to noise levels of more than 65 dBA CNEL due to airport noise. At Site 9, future development would not be exposed to excessive noise levels. Furthermore, policies 5-P.12 through 5-P.16 in the city’s current General Plan Noise Element (listed above under Regulatory Setting) serve to guide new development projects located near the McClellan-Palomar Airport. Compliance with the McClellan- Palomar Airport ALUCP development policies would maintain acceptable noise levels for the appropriate land uses discussed above in Table 4.10-4 and would not exceed the interior or exterior noise levels displayed in Table 4.10-5. Therefore, except for Site 9, none of the sites would be subject to airport noise levels greater than 65 dBA CNEL. For Site 9, with compliance with the ALUCP and the General Plan Policies, the proposed project would not expose people residing or working in the plan area to excessive noise levels. This impact would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts The geographic area to analyze cumulatively considerable noise impacts includes the city and immediately adjacent areas that could be indirectly affected by noise generated in the city. Construction Noise Construction of future development projects in the city would produce temporary noise impacts that would be localized to a project site and sensitive receivers within the immediate vicinity. Environmental Impact Analysis Noise Supplemental Environmental Impact Report 4.10-33 Therefore, only sensitive receivers located in close proximity to each construction site would be potentially affected by each activity. Nonetheless, construction activities associated with individual housing development projects accommodated under the project may overlap for some time with construction activities for other development projects. Typically, if a development site is 500 feet or more away from another site then noise levels would have attenuated to a point that they would not combine to produce a cumulative noise impact. Therefore, construction noise levels would typically become cumulative only if two development sites were to have construction occurring within 500 feet of each other. However, under a worst-case scenario, noise from construction activities for two projects within 1,000 feet of each other could contribute to a cumulative noise impact for sensitive receivers located equidistant between the two construction sites with concurrent on-site activities. Construction activities associated with future development would comply with Chapter 8.48 of the CMC and would occur Monday through Friday from 7 a.m. to 6 p.m. and Saturday 8 a.m. to 6 p.m.; no work shall be conducted on Sundays and any federal holiday. It is anticipated that, with implementation of Mitigation Measure NOI-1, construction noise levels associated with housing development could be reduced below the applicable FTA noise limits for construction noise on a case-by-case basis. Nonetheless, larger development projects could combine together, or combine with smaller development projects, to substantially increase noise levels at specific neighboring noise-sensitive receivers. Mitigation Measure NOI-1 would reduce construction noise impacts from developments to the extent feasible. However, as exact construction details are unknown at this time, even with mitigation the project’s contribution to a cumulative noise impact could be considerable. On-site Operational Noise On-site operational noise impacts are localized to an individual development site and sensitive receivers within the immediate vicinity. Future development in the city would include mechanical equipment, loading, trash pick-up, and other noise-generating activities. However, such activities would be typical of the urban environment in the city and on-site activities would be required to comply with applicable provisions of the CMC. The incremental effect of the project with respect to on-site operational noise would not be cumulatively considerable and cumulative impacts would be less than significant. Off-site Operational Noise Cumulative development through the year 2035 would generate vehicle trips, thereby increasing VMT on area roadways. As shown in Table 4.10-11, daily VMT from the future with project scenario, which accounts for cumulative residential development in the city, would not double existing trip levels or increase mobile noise by more than 3 dBA over the future without project scenario. Therefore, the effect of the project on off-site traffic noise would not be cumulatively considerable and cumulative impacts would be less than significant. Groundborne Vibration New residential development within the city would not include substantial sources of operational ground-borne vibration. Therefore, impacts related to operational groundborne vibration would not be cumulatively considerable and cumulative impacts would be less than significant. Construction of future development projects in the city would produce temporary vibration impacts that would be localized to a project site and sensitive receivers in the immediate vicinity. Therefore, City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.10-34 only sensitive receivers located in close proximity to each construction site would be potentially affected by each individual activity. Nonetheless, construction activities associated with individual housing development projects from the project may overlap for some time with construction activities for other development projects. For the combined vibration impact from simultaneous construction projects to reach cumulatively significant levels, intense construction from these projects would have to occur simultaneously in close proximity to a sensitive receiver, which would be unlikely. In addition, potential construction vibration that would exceed thresholds would be mitigated to less than significant through Mitigation Measure NOI-2; therefore, construction vibration from the project would not be cumulatively considerable. Airport Noise Aircraft-related noise impacts occur only in the vicinity of airports or airstrips. Although citywide growth could increase the number of people who are exposed to aircraft-related noise impacts, such impacts would be localized in nature. In addition, new residential development would not result in a direct increase to aircraft operations that would increase noise exposure to aircraft overflight patterns within and outside the city. The project would have no contribution to a cumulative impact related to airport hazards or noise. Impacts related to airport or airstrip noise would not be cumulatively considerable and cumulative impacts would be less than significant. Environmental Impact Analysis Population and Housing Supplemental Environmental Impact Report 4.11-1 4.11 Population and Housing This section evaluates the impacts on the regional housing supply and population growth associated with implementation of the proposed project. 4.11.1 Setting a. Existing and Forecasted Population, Housing, and Employment Based on information collected by the City of Carlsbad, as of January 1, 2023, Carlsbad had 47,003 housing units, excluding accessory dwelling units, and as of June 30, 2022, Carlsbad had a population of 117,800 residents. According to the city’s 2021 to 2029 Housing Element Update, as of 2018, the city contains a total of 57,491 jobs (City of Carlsbad 2021). The City of Carlsbad’s Fiscal Year (FY) 2021-22 GMP Report estimates the number of dwelling units that will exist at buildout based on the 2015 General Plan land use designations. According to the FY 2021-22 GMP Report, by the year 2035, Carlsbad would have 52,263 dwelling units and a population of 133,515 people. The buildout population discussed in the FY 2021-22 GMP Report does not take into account future residential density increases that would result from development projects and Housing Element programs (City of Carlsbad 2023a). The FY 2021-22 GMP Report does not analyze employment. Therefore, data from the San Diego Association of Governments (SANDAG) is used to forecast employment. SANDAG’s most recent Series 14 Regional Growth Forecast (RGF) has a horizon year of 2050, and takes into account the adopted general plans and policies from the 18 incorporated cities and the unincorporated County, including the City of Carlsbad. The Series 14 RGF is used to support regional planning efforts such as the 2021 Regional Plan/Sustainable Communities Strategy as well as local planning such as the development of general plans and long-range plans. The Series 14 RGF predicts that employment is predicted to increase from 75,912 jobs in 2016 to 103,979 jobs in 2050 (approximately 37 percent increase) (SANDAG 2019). 4.11.2 Regulatory Setting a. State California Housing Law California Housing Element law (Government Code Sections 65580 to 65589.8) requires that local jurisdictions outline the housing needs of their community, the barriers or constraints to providing that housing, and actions proposed to address these concerns over an eight-year planning period. In addition, Housing Element law requires each city and county to accommodate its “fair share” of the region’s projected housing need over the Element planning period. Cities and counties must demonstrate that adequate sites are available to accommodate this need, and that the jurisdiction allows for development of a variety of housing types. This housing need requirement is known as the Regional Housing Needs Allocation (RHNA) and apportions to each jurisdiction’s projected need. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.11-2 The Sustainable Communities and Climate Protection Act of 2008 (SB 375, Steinberg) Senate Bill (SB) 375 focuses on aligning transportation, housing, and other land uses to achieve regional greenhouse gas (GHG) emission reduction targets established under the California Global Warming Solutions Act, also known as Assembly Bill (AB) 32. SB 375 requires Metropolitan Planning Organizations (MPO) to develop a Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan (RTP), with the purpose of identifying policies and strategies to reduce per capita passenger vehicle-generated GHG emissions. As set forth in SB 375, the SCS must: (1) identify the general location of land uses, residential densities, and building intensities within the region; (2) identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period; (3) identify areas within the region sufficient to house an eight-year projection of the regional housing need; (4) identify a transportation network to service the regional transportation needs; (5) gather and consider the best practically available scientific information regarding resource areas and farmland in the region; (6) consider the state housing goals; (7) establish the land use development pattern for the region that, when integrated with the transportation network and other transportation measures and policies, will reduce GHG emissions from automobiles and light-duty trucks to achieve GHG emission reduction targets set by the California Air Resources Board (CARB), if there is a feasible way to do so; and (8) comply with air quality requirements established under the Clean Air Act. The City of Carlsbad is located in the jurisdiction of SANDAG, a Joint Powers Agency established under California Government Code Section 6502 et seq. Pursuant to federal and State law, SANDAG serves as a Council of Governments, a Regional Transportation Planning Agency, and the MPO for San Diego County. SANDAG is responsible for preparing the RTP/SCS and RHNA in coordination with other State and local agencies. These documents include population, employment, and housing projections for the region. Existing law requires local governments to adopt a housing element as part of their general plan and update the housing element every four to eight years. SB 375 requires the RHNA to allocate housing units within the region in a manner consistent with the development pattern adopted by the SCS. AB 1763 AB 1763, effective January 1, 2020, amends the State Density Bonus Law (Section 65915) to allow for taller and denser 100 percent affordable housing developments, especially those near transit, through the creation of an enhanced affordable housing density bonus. California Housing Accountability Act This State law, originally enacted in 1982 and last amended in 2017, prevents localities from disapproving proposed developments that comply with “all applicable, objective general plan, zoning, and subdivision standards and criteria,” unless they find that the development would have an unavoidable impact on public health or safety that can only be mitigated by rejecting the project or reducing its size (Hernandez and Golub 2017). Compliance with objective standards and criteria is defined as “substantial evidence that would allow a reasonable person to conclude” that a project complies. The Housing Accountability Act also prevents localities from disapproving or reducing the size of developments that have a minimum amount of affordable housing (either 20 percent of units for lower-income households or 100 percent of units for moderate-income households), except Environmental Impact Analysis Population and Housing Supplemental Environmental Impact Report 4.11-3 under specific circumstances. Mixed-use developments with at least two-thirds of their square footage devoted to residential use also qualify for this protection. Senate Bill 35 In 2017, California enacted SB 35 to streamline the approval of affordable housing projects. This law applies in localities that are not meeting their RHNA goals for construction of above-moderate income housing units or units for households below 80 percent of the area median income (AMI). These thresholds under SB 35 apply to the City of Carlsbad. Applicable localities are required to streamline the approval of eligible housing projects by providing a ministerial approval process. To qualify for streamlining, a project must meet all of a range of criteria related to affordability, including but not limited to the number of units, residential zoning, floor area dedicated to residential uses, environmental constraints, demolition of residential units, historic buildings, and consistency with objective zoning standards (California Legislative Information 2017). CEQA review is not required for eligible projects because they are subject to a ministerial approval process. Housing Crisis Act The Housing Crisis Act of 2019 (SB 330) seeks to speed up housing production in the next half decade by eliminating some of the most common entitlement impediments to the creation of new housing, including delays in the local permitting process and cities enacting new requirements after an application is complete and undergoing local review—both of which can exacerbate the cost and uncertainty that sponsors of housing projects face. In addition to speeding up the timeline to obtain building permits, the bill prohibits local governments from reducing the number of homes that can be built through down-planning or down-zoning or the introduction of new discretionary design guidelines. The bill is in effect as of January 1, 2020, and expires on January 1, 2030. SB 330 also regulates demolition of existing housing. It prohibits urbanized jurisdictions from approving a housing development that requires demolition of residential units unless the project creates at least as many units as would be demolished (California Legislative Information 2019). Local jurisdictions also are prohibited from approving a project that would demolish occupied or vacant “protected units,” unless the project meets several criteria (e.g., replacing all protected units, providing relocation benefits, and giving a right of first refusal to displaced residents for comparable units in the new development). Protected units are defined as subject to a covenant, ordinance, or law that restricts rent to levels affordable to affordable to persons and families of lower or very low income; subject to rent control; or occupied by low or very low-income households; among other factors. These requirements for demolition do not supersede local demolition controls that are more protective of lower income households. b. Regional and Local Regional Housing Needs Assessment (RHNA) SANDAG prepares the RHNA mandated by State law so that local jurisdictions can use this information during their periodic updates of the General Plan Housing Element. The RHNA identifies the housing needs for very low income, low income, moderate income, and above moderate- income groups, and allocates these targets among the local jurisdictions that comprise SANDAG. The RHNA addresses existing and future housing needs based on the most recent U.S. Census, data on forecasted household growth, historical growth patterns, job creation, household formation rates, and other factors. The need for new housing is distributed among the four income groups so City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.11-4 that each community moves closer to the regional average income distribution, referred to as a “social equity adjustment.” During the most recent RHNA allocation, SANDAG and its member agencies were required to plan for a total of 171,685 housing units through the 2021-2029 planning period to address the region’s housing needs. The City of Carlsbad was assigned a RHNA of 3,873 units for the 2021-2029 planning period. Local jurisdictions are required by State law to update their General Plan Housing Elements based on the most recently adopted RHNA allocation. SANDAG’s 2021 Regional Plan SANDAG’s Final 2021 Regional Plan was adopted on December 10, 2021, and provides a long-term blueprint for the San Diego region that seeks to meet regulatory requirements, address traffic congestion, and create equal access to jobs, education, healthcare, and other community resources. The 2021 Regional Plan includes a SCS, as required by SB 375. The SCS describes coordinated transportation and land use planning that exceeds the State’s target for reducing per capita GHG emissions set by the CARB. The State-mandated target is a 19 percent reduction compared to 2005 levels in per capita GHG emissions from cars and light-duty trucks by 2035, and the 2021 Regional Plan aims to achieve a 20 percent reduction by then (SANDAG 2021). City of Carlsbad 2021-2029 Housing Element The City of Carlsbad 2021-2029 Housing Element contains the following applicable policies aimed at protecting existing and facilitating development of affordable housing. Policy 10-P.1 Ensure the availability of sufficient developable acreage in all residential densities to accommodate varied housing types and income levels as required to meet Carlsbad’s 2021-2029 RHNA, as discussed in Section 10.3. Policy 10-P.7 Encourage distribution of development of affordable housing throughout the city to avoid over concentration in a particular area, excluding areas lacking necessary infrastructure or services. Policy 10-P.13 Pursuant to the Inclusionary Housing Ordinance, require affordability for lower- income households of a minimum of 15 percent of all residential projects. For projects that are required to include 10 or more units affordable to lower-income households, at least 10 percent of the lower-income units should have three or more bedrooms (lower-income senior housing projects exempt). Policy 10-P.15 Work with the community to modify or replace Measure E (Growth Management Plan) relative to the residential growth caps and development moratorium to be in compliance with SB 330. Policy 10-P.17 Encourage the development of an adequate number of housing units suitably sized to meet the needs of lower- and moderate-income larger households. Policy 10-P.29 Support ongoing efforts by federal and State agencies and continue city efforts, in the enforcement of fair housing laws prohibiting discrimination in the development, financing, rental, or sale of housing. Policy 10-P.30 Support ongoing efforts of federal, State, regional, and local efforts to affirmatively further fair housing. Policy 10-P.32 Contract with a fair housing service provider to monitor and respond to complaints of discrimination in housing. Environmental Impact Analysis Population and Housing Supplemental Environmental Impact Report 4.11-5 City of Carlsbad Growth Management Plan (Proposition E) The City adopted the Growth Management Plan (GMP) in July 1986 to address the concerns of rapid growth and its impacts on quality of life, which was ratified by voter approval of Proposition E in November 1986. The GMP requires adequate public facilities be provided concurrent with new growth. To ensure this, the GMP identifies performance standards for 11 public facilities – city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the maximum number of dwelling units that can be constructed citywide to 54,599 units, spread out between the Northwest Quadrant (15,370 units), Northeast Quadrant (9,042 units), Southwest Quadrant (12,859 units), and Southeast Quadrant (17,328 units). However, recent State housing laws have preempted the city’s ability to require compliance with the dwelling caps or to stop development due to noncompliance. In April 2021, the Carlsbad City Council adopted Resolution No. 2021-074, which states “Consistent with Updated Housing Element Program 2.2, the City Council finds that Government Code Sections 65583(a)(3) and 65863(a) (SB 166 [2017]) and Government Code Section 66300(b)(1)(D) (SB 330 [2019]) preempt the city from implementing residential growth management plan caps, residential quadrant limits, and residential control points. Consequently, the City finds that it cannot and will not enforce these residential caps, quadrant limits, and control points, including but not limited to those contained in the General Plan (including, but not limited to the Land Use and Community Design Element Table 2-3, Section 2.6, Policy 2-P.8(a) and (b), Policy 2- P.16(d), and Policy 2-P.57), Growth Management Plan (Proposition E); City Council Policy Statement No. 43, Carlsbad Municipal Code Chapter 21.90 including but not limited to CMC §§ 21.90.030 (b), 21.90.045 and 21.90.185.” 4.11.3 Impact Analysis a. Methodology and Significance Thresholds Appendix G of the CEQA Guidelines identifies the following criteria for determining whether a project’s impacts would have a significant impact to population and housing: Induce substantial unplanned population 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); and/or Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. b. Prior Environmental Analysis The 2015 General Plan EIR addressed potential population and housing impacts in Section 3.9, Land Use, Housing, and Population. The 2015 General Plan EIR found that the General Plan would not directly or indirectly induce substantial population growth in excess of the GMP and would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Rather, the 2015 General Plan EIR found that the General Plan would improve connectivity within and between existing neighborhoods and provide more linkages within the city and the region, resulting in beneficial impacts. Population and Housing impacts were found to be less than significant. 1) 2) City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.11-6 The proposed project involves land use changes to encourage development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to population and housing. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to population and housing would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold: Would the project induce substantial unplanned population 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)? Impact PH-1 THIS SEIR ASSUMES A FULL BUILDOUT OF 3,295 RESIDENTIAL UNITS IN CARLSBAD ASSOCIATED WITH THE PROPOSED PROJECT, WHICH EQUATES TO A POPULATION INCREASE OF AN ESTIMATED 8,260 RESIDENTS COMPARED TO THE EXISTING POPULATION. HOWEVER, GROWTH RESULTING FROM THE PROJECT IS ANTICIPATED AND WOULD NOT CONSTITUTE SUBSTANTIAL UNPLANNED POPULATION GROWTH. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Based on information collected by the City of Carlsbad, as of January 1, 2023, Carlsbad had 47,003 housing units, excluding accessory dwelling units, and as of June 30, 2022, Carlsbad had a population of 117,800 residents. As discussed in Section 2, Project Description, the proposed project would facilitate the development of 18 rezone sites to accommodate residential development. Future development under the project would add approximately 3,295 new residential units and 8,2601 new residents to the city. Therefore, the addition of the proposed project compared to existing population and housing estimates would result in 50,298 housing units and a population of 126,060. According to the 2015 General Plan EIR, by the General Plan horizon year 2035 (buildout), Carlsbad was estimated to have approximately 52,320 units. Since the 2015 General Plan EIR, the city has approved residential development that has resulted in a net increase in the projected housing units to 53,221 at buildout (City of Carlsbad 2023a). Therefore, as of release of this SEIR, the city had an available housing unit capacity of 6,218 (53,221 – 47,003) units through buildout under the existing General Plan. With implementation of the proposed project, Carlsbad would have 56,516 housing units at buildout (47,003 [current housing units] + 6,218 [housing units remaining to be built under the existing General Plan] + 3,295 [housing units under the proposed project]). The proposed project involves land use changes and rezoning to add additional housing capacity compared to what was analyzed in the 2015 General Plan EIR; therefore, it would exceed the housing units at buildout assumed in the 2015 General Plan EIR. However, the State requires that all local governments adequately plan to meet the housing needs of their communities (HCD 2023). Given that the State is currently in an ongoing housing crisis due 1 The population determined for the 3,295 new residential units are based on calculations developed by the city for the 2015 General Plan EIR to estimate population at buildout. The estimate assumes 2.63 persons per household, with a 5.5 percent vacancy rate, and 0.86 percent of residents as group quarters (3,295 * 2.63 * 0.945 *1.0086 = 8,260). Environmental Impact Analysis Population and Housing Supplemental Environmental Impact Report 4.11-7 to an insufficient housing supply, the additional units under the proposed project would further assist in addressing the existing crisis and meeting the housing needs of the city’s communities. Therefore, the objectives of this project include implementing the city’s Housing Element (which was certified by HCD) in order to meet projected population and housing growth. The Housing Element is designed to accommodate regional growth anticipated by SANDAG’s RHNA projections. Therefore, the proposed project is intended to plan for anticipated population growth. The proposed project would not constitute unplanned growth because it would be consistent with the City’s RHNA and is being planned for and analyzed in this SEIR. It should be noted that under the GMP set by Proposition E, the city’s residential dwelling unit capacity was limited to 54,599 units. Development under the proposed project would exceed the GMP limit of 54,599 units. As recent State law and State mandated housing goals preempt voter approved housing limits such as those under the GMP, the city is developing a new approach to managing growth. The preemption of implementing residential GMP caps, residential quadrant limits, and residential control points is acknowledged in adopted City Council Resolution 2021-074 (City of Carlsbad 2023b). Further, the proposed project itself does not involve project components that would extend roads or other infrastructure that could indirectly lead to population growth. Therefore, the project would not result in substantial unplanned population growth, either directly or indirectly. This impact would be less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold: Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Impact PH-2 IMPLEMENTATION OF PROPOSED PROJECT WOULD NOT RESULT IN THE DISPLACEMENT OF SUBSTANTIAL NUMBERS OF PEOPLE OR HOUSING. THE PROPOSED PROJECT WOULD FACILITATE THE DEVELOPMENT OF NEW HOUSING IN ACCORDANCE WITH STATE AND LOCAL HOUSING REQUIREMENTS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. “Substantial” displacement would occur if the proposed project would displace more residences than would be accommodated through growth facilitated by the project. A goal of the proposed project includes facilitating the development of 18 rezone sites and adding the R-35 and R-40 land use designations to accommodate higher density housing as identified in the Housing Element. The proposed project addresses the need for future housing development beyond that required by the RHNA to account for a reasonable sites buffer. This buffer of additional units, which is considered in the inventory of housing sites analyzed in this SEIR, is intended to help the city address future “no net loss.” Therefore, overall, the proposed project would add to the city’s housing stock to meet housing goals. On an individual site basis, it is possible that some redevelopment projects could result in displacement of current housing. Currently, Site 4, which consists of two properties, has one existing unit and Site 8 has 24 existing units. However, the proposed project includes land use changes to City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.11-8 facilitate development of 154 units on Site 4 (on the property containing the unit)2 and 150 units on Site 8 which would provide additional housing opportunities for any displaced residents. Additionally, future development would be required to comply with goals and policies under Section 10.7.4 of the 2021-2029 Housing Element which aims to affirmatively further fair housing and ensure all housing opportunities are offered in conformance with open housing policies and free of discriminatory practices (City of Carlsbad 2021). Furthermore, Program 4.3 and other programs of the 2021-2029 Housing Element ensures the minimization of the occurrence of displacement, especially within groups facing disproportionate housing needs, including but not limited to those with lower incomes (City of Carlsbad 2021). In summary, the proposed project would facilitate the development of up to 3,295 additional dwelling units throughout Carlsbad. Proposed residential units would provide additional housing opportunities for residents if residents are displaced during buildout of the proposed project. Therefore, the proposed project would not result in the net loss or displacement of housing, necessitating the construction of replacement housing elsewhere. This impact would be less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts Inducement of Substantial Population Growth The impact analysis under Impact PH-1 takes into account cumulative population and housing growth in Carlsbad through 2035 (project growth plus other growth under the 2015 General Plan). However, as discussed in Section 3, Environmental Setting, the topic of population and housing has cumulative implications on the entire San Diego region, not just on the City of Carlsbad. Nonetheless, the proposed project would accommodate projected citywide population and housing growth through 2035. The Housing Element is designed to accommodate regional growth anticipated by SANDAG’s RHNA projections. Therefore, the proposed project is intended to plan for anticipated population growth, including growth in the region. By its nature, the impact analysis under Impact PH-1 considers cumulative impacts associated with population growth throughout the city and consistent with the city’s RHNA. The proposed project would not considerably contribute to a significant impact associated with unplanned population growth. Displacement of People and Housing Implementation of the proposed project would accommodate the city’s forecasted population and housing demand. The proposed project would result in an overall net increase of housing units in the city, including affordable housing, and would not result in substantial displacement of people or housing. Similar to Carlsbad, other jurisdictions in the region have updated their respective Housing Elements to increase the region’s overall housing stock to accommodate growth and substantial cumulative displacement in the region would not occur. For individual displacements that may occur on redevelopment of sites with existing residences, similar to Carlsbad, other jurisdictions have 2 The property containing the single unit is within a floodplain. While land use changes proposed for that property could yield 154 units, the proposed project recognizes no unit yield for the property because of the floodplain constraint. The other Site 4 property could yield another 212 units beyond its current designation. See Table 2-4 in Section 2, Project Description, for further details. Environmental Impact Analysis Population and Housing Supplemental Environmental Impact Report 4.11-9 policies and programs to assist those at risk of displacement. As a result, implementation of the proposed project would not considerably contribute to a significant cumulative impact from the displacement of substantial numbers of existing housing units or people. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.11-10 This page intentionally left blank. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-1 4.12 Public Services and Recreation This section evaluates the impacts on public services and recreational facilities associated with implementation of the proposed project. 4.12.1 Setting a. Fire Protection Services The Carlsbad Fire Department (CFD) serves the approximately 117,800 Carlsbad residents in a 39- square mile service area within Carlsbad. The CFD is divided into two bureaus: Emergency Operations and Community Risk Reduction. Emergency Operations is the largest bureau within CFD and is responsible for fire suppression, rescue, emergency medical service (EMS) delivery, lifeguard service/marine safety and disaster mitigation. The Emergency Operations Bureau is led by the assistant fire chief, with three shift battalion chiefs leading A, B and C platoons, one training battalion chief who supervises training and safety and an EMS division chief who oversees training and EMS. Approximately 32 personnel make up each shift who are housed within six permanent and one temporary fire stations located throughout the city. Emergency Operations personnel are a highly trained, professional workforce that respond annually to more than 14,000 calls for service. The City of Carlsbad maintains a fleet of emergency vehicles that respond to emergency incidents. In addition to the front-line apparatus, the city has reserve apparatus which can immediately be placed in service when additional staffing is needed or when front-line apparatus experience mechanical issues (City of Carlsbad 2023a). The CFD recently completed a “Standards of Cover” evaluation, looking at current and future emergency response needs based on Carlsbad’s size, demographics and other factors. The evaluation found that to meet industry standards, the Fire Department needed a seventh fire station, ideally west of I-5, as well as more ambulances and personnel. In January 2023, the city completed construction of temporary Fire Station 7 on part of the old Encina power plant site as part of a City Council goal to improve emergency response times and ensure fire and emergency medical services are ready to meet the community’s needs as the city’s demographics and population change. The CFD also has a goal to establish a permanent Fire Station 7 in the area of Cannon Road west of Interstate 5 (I-5) by 2026 to 2028 (City of Carlsbad 2023b). Since July 1, 2021, the city has also placed two additional ambulances in service to increase the total number of city ambulances in service from three to five; and reconstructed Fire Station 2 in La Costa to accommodate larger crews and more equipment (City of Carlsbad 2023c). Response Times and Standards The performance standard established by the Citywide Facilities and Improvements Plan in the City’s Growth Management Plan (GMP) requires that no more than 1,500 dwelling units be located outside of a 5-minute response time (City of Carlsbad 1986). The CFD currently has one fire station per district and the construction of Fire Station 7 would ensure compliance with the GMP standard. Additionally, according to the Fiscal Year (FY) 2021-22 GMP Monitoring Report, fire services were adequate and met the GMP performance standard (City of Carlsbad 2021). In the CFD’s 2021 Annual Performance Report, the city lists a benchmark standard of 6 minutes from dispatch to arrival. The city’s annual average time from dispatch to arrival in 2021 was 8 minutes and 23 seconds (City of Carlsbad 2023e). This increase in response time can be attributed to population increase in Carlsbad and neighboring jurisdictions, increased call volume, drive time, and delays at hospitals and in City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-2 traffic. The CFD continues to monitor response times to emergency incidents to determine any additional significant contributing factors to changes in response times. b. Police Protection Services The Carlsbad Police Department (CPD) conducts its safety services primarily out of the Carlsbad Police and Fire Headquarters, a 53,600-square-foot facility built in 1986, located on Orion Way. The CPD currently employs 187 full-time personnel. Of the 187 authorized full-time positions, 132 are sworn and 55 are civilian. The CPD is made up of services that include: patrol, investigations, traffic enforcement, family services unit with school resource officers, property crimes unit, vice narcotics unit, violent crimes unit, crime suppression team, homeless outreach team, rangers and dispatch. The patrol division is the core of the CPD’s law enforcement services, responding to more than 100,000 calls for service annually. Although street patrols are the majority of the division’s activity, other special details and services include canine units, Special Weapons and Tactics (SWAT), bicycle patrol, crisis negotiations, bilingual services, and mental health assistance teams (City of Carlsbad 2023f). The CPD has a response time for priority one calls that is lower than the national average of six minutes. There is currently no GMP standard for police services. c. Schools Carlsbad is served by four school districts: Carlsbad Unified School District (CUSD), San Marcos Unified School District (SMUSD), Encinitas Union Elementary School District (EUESD) and San Dieguito Union High School District (SDUHSD). Although the Vista Unified School District overlaps with two small areas of Carlsbad, these areas do not contain any residential uses (City of Carlsbad 2015a). Most of Carlsbad (approximately 62 percent) is served by CUSD, which comprises nine elementary schools (Aviara Oaks Elementary, Buena Vista Elementary, Calavera Hills Elementary, Hope Elementary, Jefferson Elementary, Kelly Elementary, Magnolia Elementary, Pacific Rim Elementary, and Poinsettia Elementary) that feed into three middle schools (Aviara Oaks Middle, Calavera Hills Middle, and Valley Middle) and two high schools (Carlsbad High, Sage Creek High), and accommodates more than 11,000 students (CUSD 2023). Carlsbad Seaside Academy and Carlsbad Village Academy are also within CUSD and provide alternative schooling options for students. Carlsbad Seaside Academy has a grade range of 9th to 12th grade and offers an Independent Study program. Carlsbad Village Academy has a grade range of 10th to 12th grade and is a continuation high school serving students 16 years or older (Carlsbad Village Academy 2023). The CUSD’s overall enrollment for the 2021-2022 school year was 11,027 students, which was a 1.5 percent increase from the overall enrollment for the 2020-2021 school year of 10,863 students (California Department of Education 2023a; 2023b). Other schools serving Carlsbad within the SMUSD include the La Costa Meadows Elementary, Carillo Elementary, San Elijo Middle, and San Marcos High; within the EUESD include La Costa Heights Elementary, El Camino Creek Elementary, Capri Elementary, Mission Estancia Elementary, Olivenhain Pioneer Elementary; and within the SDUHSD include Oak Crest Middle, Diegueno Middle, and La Costa Canyon High (City of Carlsbad 2015a). The performance standard established by the Citywide Facilities and Improvements Plan in the city’s GMP requires school capacity to meet projected enrollment within the Local Facility Management Zone (LFMZ) as determined by the appropriate school district must be provided prior to projected occupancy. All new residential development is required to verify that school capacity can meet the projected enrollment from the school district serving the development. To date, all school districts Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-3 serving Carlsbad have verified they have capacity to serve development in the city (City of Carlsbad 2023d). d. Parks and Recreational Facilities Park Classifications The city’s General Plan and Park and Recreation Master Plan establishes three park classifications: community parks, special use areas, and special resource areas. Community Parks Community parks are typically 20-50 acres in size (though there are several smaller parks “grandfathered” into this classification) and designed to serve the recreational needs of several neighborhoods, with a focus on serving families from the vicinity with daily frequency. Community parks generally provide active and passive use amenities; however, they are not limited to the exclusive use of either (City of Carlsbad 2015b). Minimum facilities should include:  Family-oriented picnic areas  Group picnic areas  Turfed open space areas for free play  Multi-purpose playfield(s) (lighted when appropriate)  Playground areas  Structures for lectures, meetings, skills, instructions, etc.  Buffer areas  Special use facilities such as community gardens, swimming pools, tennis courts, basketball courts, horseshoes, handball and racquetball courts, pickleball courts, bicycle paths, skate parks, dog parks, etc. as per specific community demand may be located within these parks if appropriate to the interests and needs of the community in which the park is located (City of Carlsbad 2015b). Special Use Areas Special use areas are typically between one and five acres in size, with only one or two basic uses, which can be either active or passive in orientation. Examples include, but are not limited to, swim facilities, skate parks, dog parks, tennis courts or picnic areas. School sites that operate under a joint-use facility agreement between the City of Carlsbad and a school district are also included as special use areas. Adequate access should be a primary siting criteria utilized in determining the location of special use areas (City of Carlsbad 2015b). Special Resource Areas Special resource areas have citywide and potentially regional significance related to the quality of the site or service that it provides. This quality may be a natural feature (geological, ecological, hydrological), historical resource (architectural, archaeological), or some combination thereof. Special resource areas are typically larger than community parks (City of Carlsbad 2015b). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-4 Existing Park and Recreation Areas Carlsbad currently has 14 community parks: Alga Norte Community Park, Aviara Community Park, Calavera Hills Community Park, Hidden Canyon Community Park, Holiday Park, Hosp Grove Park, La Costa Canyon Park, Laguna Rivera Park, Leo Carrillo Ranch Historic Park, Magee Park, Pine Avenue Community Park, Poinsettia Community Park, Stagecoach Park, and Veterans Memorial Park (City of Carlsbad 2023g). The city also has 28 special use areas (84.2 acres) and five special resource areas (more than 1,300 acres). The28 special use areas include: Aviara Oaks School Field, Buena Vista Elementary School Field, Buena Vista Reservoir Park, Business Park Recreational Facility (Zone 5 Park), Cadencia Park, Calavera Hills Trailhead, Cannon Lake Park, Car Country Park, Carlsbad High School Tennis Courts, Chase Field, Harding Community Center, Harold E. Smerdu Community Garden, Hope Elementary School Field, Hosp Grove Trailheads, Jefferson Elementary School Field, Kelly Elementary School Field, La Costa Meadows Elementary/El Fuerte Park, La Costa Heights Elementary School Field, Magnolia Elementary School Field, Maxton Brown Park, Monroe Street Swim Complex, Oak Park, Ocean Street Sculpture Park and Tamarack Picnic Facilities, Pio Pico Park, Senior Center Complex, Skate Park, Terramar Northern Bluff, and Valley Junior High School Field. The five special resource areas include: Agua Hedionda Lagoon, Batiquitos Lagoon, Beaches, Buena Vista Lagoon, and Lake Calavera. Special resource areas do not count towards the GMP (City of Carlsbad 2015b) in terms of helping to meet the park facility standard. Figure 4.12-1 shows parks and recreational areas in relation to the 18 rezone sites. Parks and Recreation Standards The GMP Citywide Facilities and Improvements Plan outlines a park facility standard of three acres of community parks or special use areas per 1,000 population within the park district. There are four park districts within Carlsbad, which correspond to the city’s four quadrants. Parks and special use areas must be scheduled for construction within a five-year period beginning at the time the need is first identified but beginning no sooner than August 22, 2017. According to City Council Resolution No. 97-435, “scheduled for construction” means that the improvements have been designed, a park site has been selected, and a financing plan for construction of the facility has been approved (City of Carlsbad 2015b). Carlsbad has a total of 432.4 acres of community parks and special use areas. As shown in Table 4.12-1, based on the June 30, 2022 population estimate in each park district (quadrant) and as discussed in the city’s FY 2021-22 GMP Monitoring report, the parkland in each park district exceeds the parkland required by the city’s park standard. Table 4.12-1 Parkland Acreage by Park District Park District Quadrant Current Population Current Park Acreage Required1 Current Park Acreage NW 31,778 95.3 131.7 NE 19,355 58.0 68.7 SW 26,483 79.4 93.6 SE 40,183 120.5 138.3 Total 117,800 353.2 432.4 1 Assuming a goal of 3 acres per 1,0000 residents within the park district Source: City of Carlsbad 2023d Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-5 Figure 4.12-1 Rezone Sites Proximity to Parks and Recreational Areas /' :._ .. J City Limits Highway Major Street Planned Street Railroad -Existing Community Park c::::J Future Community Park -Existing Special Use Area -Existing Golf Course Other Open Space Potential Housing Sites * D Convert government-owned property to allow housing -CJ Convert commercial property to allow housing Increase units a II owed on properties that already allow housing Convert vacant industrial property to allow housing * Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map N o'----~o~.1_s ___ ~1.s A Mlles Imagery provided by Esri and its licensors © 2023. Additional data provided by City of Carlsbad, 2022. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-6 e. Libraries Three library facilities are located within the City of Carlsbad: Carlsbad City Library, Georgina Cole Library, and Carlsbad City Library Learning Center. In addition to its diverse collection of resource materials, the municipal library system offers services and programs for all ages. It also houses the William D. Cannon Art Gallery, the Ruby G. Schulman Auditorium, and the George and Patricia Gowland Meeting Room. Under the GMP, the Citywide Facilities and Improvements Plan establishes a performance standard for library space equal to 800 square feet per 1,000 population, which must be scheduled for construction within a five-year period or prior to construction of 6,250 dwelling units, beginning at the time the need is first identified. According to the City’s FY 2021-22 GMP Monitoring Report, based on the June 30, 2022 population estimate of 117,800, the GMP standard requires 94,240 square feet of public library space. The city currently has 99,993 square feet of library facilities, or 849 square feet per 1,000 residents,1 which meets the GMP standard of 800 square feet per 1,000 population. 4.12.2 Regulatory Setting a. State California Fire and Building Code The State of California provides minimum standards for building design through the California Building Code (CBC, Part 2 of Title 24, and the California Fire Code (CFC, Part 9 of Title 24) of the California Building Standards Code, of the CCR. The CBC and CFC are based on the International Building and Fire Codes, but have been amended for California conditions. It is generally adopted on a jurisdiction-by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings are plan-checked by local building and fire officials for compliance with the CBC and CFC. Typical fire safety requirements of the CBC and CFC include: the installation of sprinklers in all high-rise buildings; the establishment of fire resistance standards for fire doors, building materials, and particular types of construction; and the clearance of debris and vegetation within a prescribed distance from occupied structures in wildfire hazard areas. California Code of Regulations The California Code of Regulations, Title 5 Education Code, governs all aspects of education within the State. California State Assembly Bill 2926 (AB 2926) – School Facilities Act of 1986 – was enacted by the State of California in 1986 and added to the California Government Code (Section 65995). It authorizes school districts to collect development fees, based on demonstrated need, and generate revenue for school districts for capital acquisitions and improvements. It also established that the maximum fees which may be collected under this and any other school fee authorization are $1.50 per square foot ($1.50/ft2) for residential development and $0.25/ft2 for commercial and industrial development. AB 2926 was expanded and revised in 1987 through the passage of AB 1600, which added Section 66000 et seq. of the Government code. Under this statute, payment of statutory fees by developers serves as total mitigation under CEQA to satisfy the impact of development on school 1 99,993 square feet x 1,000 / 117,800 residents = 849 square feet per 1,000 residents Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-7 facilities. However, subsequent legislative actions have alternatively expanded and contracted the limits placed on school fees by AB 2926. California Senate Bill 50 As part of the further refinement of the legislation enacted under AB 2926, the passage of SB 50 in 1998 defined the Needs Analysis process in government Code Sections 65995.5-65998. Under the provisions of SB 50, school districts may collect fees to offset the costs associated with increasing school capacity as a result of development. SB 50 generally provides for a 50/50 State and local school facilities match. SB 50 also provides for three levels of statutory impact fees. The application level depends on whether State funding is available; whether the school district is eligible for State funding; and whether the school district meets certain additional criteria involving bonding capacity, year-round schools, and the percentage of moveable classrooms in use. California Government Code sections 65995-65998 sets forth provisions to implement SB 50. Specifically, in accordance with section 65995(h), the payment of statutory fees is “deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization…on the provision of adequate school facilities.” The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code. Pursuant to Government Code section 65995(i), “A State or local agency may not deny or refuse to approve a legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in section 56021 or 56073 on the basis of a person's refusal to provide school facilities mitigation that exceeds the amounts authorized pursuant to this section or pursuant to section 65995.5 or 65995.7, as applicable.” California Education Code section 17620(a)(1) states that the governing board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities. State Public Park Preservation Act (California Public Resource Code Section 5400 – 5409) The State Public Park Preservation Act is the primary instrument for protecting and preserving parkland in California. Under the Act, cities and counties may not acquire any real property that is in use as a public park for any non-park use unless compensation or land, or both, are provided to replace the parkland acquired. This ensures a no net loss of parkland and facilities. Quimby Act (California Government Code Section 66477) The Quimby Act allows cities and counties to adopt park dedication standards/ordinances requiring developers to set aside land, donate conservation easements, or pay fees towards parkland only when property is subdivided. This does not apply to development of apartments. Residential development projects not involving a subdivision or parcel map are not subject to the Quimby Act but may instead be required to pay impact fees for park land acquisition as governed by the Mitigation Fee Act. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-8 b. Local Regulations City of Carlsbad Growth Management Plan (Proposition E) The City adopted the GMP in July 1986 to address the concerns of rapid growth and its impacts on quality of life, which was ratified by voter approval of Proposition E in November 1986. The GMP requires adequate public facilities be provided concurrent with new growth. To ensure this, the GMP identifies performance standards for 11 public facilities – city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the maximum number of dwelling units that can be constructed citywide to 54,599 units, spread out between the Northwest Quadrant (15,370 units), Northeast Quadrant (9,042 units), Southwest Quadrant (12,859 units), and Southeast Quadrant (17,328 units). Pursuant to Proposition E, the city cannot approve any General Plan amendment, zone change, subdivision map or other discretionary permit that could result in residential development that exceeds the dwelling unit limit in each quadrant. To increase the Proposition E dwelling unit limit in any city quadrant requires approval by Carlsbad voters (City of Carlsbad 2015a). However, recent State housing laws have preempted the city’s ability to require compliance with the dwelling caps or to stop development due to noncompliance, as acknowledged in adopted City Council Resolution 2021-074 (City of Carlsbad 2023d). The city is currently developing a new approach to managing growth. Carlsbad General Plan Fire and Police Protection The current Carlsbad General Plan, adopted in 2015, lists several policies related to fire and police protection in the Public Safety Element. The existing Public Safety Element policies would be replaced by the updated Public Safety Element policies as part of this project; therefore, policies from the 2015 General Plan that are being removed as part of the Public Safety Element Update are not included in this section but are discussed in the Impact Analysis. Schools The Arts, History, Culture, and Education of the City’s General Plan has the following policies and actions related to schools (City of Carlsbad 2015d): Policy 7-G.10. Work with school districts to ensure educational facilities with sufficient permanent capacity are available to meet the needs of current and future projected enrollment. Consult with the school districts on policies and projects that affect the provision of educational facilities and services. Policy 7-P.28. Support efforts by the Carlsbad Unified School District, other school districts that serve Carlsbad residents, and childcare service providers to establish, maintain, and improve educational facilities and services. Policy 7-P.29. Coordinate with the school districts to ensure that school facilities have adequate capacity to accommodate projected enrollment resulting from the city’s population growth and development. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-9 Policy 7-P.30. Continue to partner with local school districts to optimize the joint-use of school facilities for community use. Parks and Recreation The Open Space, Conservation, and Recreation Element of the City’s General Plan contain the following policies related to parks and recreation (City of Carlsbad 2015b): Policy 4-G.6. Offer a wide variety of recreational activities and park facilities designed to encourage educational benefits and active or passive participation by users of all ages and interests. Policy 4-G.7. Operate a financially self-supportive system of recreational facilities and programs. Policy 4-G.8. Coordinate the planning of park facilities and trails with other recreation-oriented land uses such as open space. Policy 4-G.9. Improve and maintain high quality beaches for residents and visitors. Policy 4-G.10. Increase public access to and use of the Cannon Road Open Space, Farming and Public Use Corridor (see Figure 4-5) primarily through the incorporation of public trails and active and passive recreation. Policy 4-P.5b. Require compliance with the Growth Management Plan open space performance standard specified in the Citywide Facilities and Improvements Plan, and maintain appropriate criteria, standards, and classifications. The following open space areas shall not be utilized to meet the open space performance standard: Parks, public or private; however, credit may be granted for private parks if the granting of the open space credit will not adversely impact the city’s ability to obtain all of the applicable open space priorities identified for the local facilities management zone (LFMZ) by the Open Space and Conservation Resource Management Plan (OSCRMP). Policy 4-P.20. Implement and periodically update the Parks and Recreation Needs Assessment and Comprehensive Action Plan that identifies appropriate programming for the city’s parklands, prioritizes future parkland development, reflects the needs of residents at the neighborhood and citywide level and of an increasingly diverse and aging population, and in concert with the citywide trails program, creates new linkages to neighborhoods. Policy 4-P.21. Acquire and develop park areas in accordance with the Growth Management Plan park standard of 3.0 acres of community park or special use area per 1,000 residents within each of the four city quadrants. Park acreage requirements shall be determined on a quadrant basis. Policy 4-P.22. Maintain appropriate recreational standards (e.g., payment of park mitigation fees) for employment areas. Policy 4-P.23. Utilize the provisions of the Quimby Act, Growth Management Plan and Planned Community Zone to ensure the timely construction of parks so that they are provided concurrent with need. Policy 4-P.24. Prefer in-lieu fees to dedication of parkland, unless sites offered for dedication provide features and accessibility similar in comparison. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-10 Policy 4-P.25. Consider accessibility, housing density, proximity to schools, general public access, local resident access, adjacent residential area traffic impacts, safe pedestrian access, and compatible use with the surrounding environment when determining park locations. Wherever possible, park sites should be located near schools or natural areas. Policy 4-P.26. Locate new public or private parks, plazas, or alternative parks (such as greenways) in existing infill neighborhoods—the Village and Barrio—where new residential development is contemplated, within Growth Management Program requirements and city budgetary limitations. Policy 4-P.27. Provide for joint-use facility agreements with local school districts to meet neighborhood and community recreational needs. Policy 4-P.28. Require, where possible, developers of master planned communities to provide pocket parks and active recreational facilities unique to each development. Maintenance of pocket parks shall be accomplished through homeowners’ association dues. Pocket parks shall remain in private ownership. Policy 4-P.29. Require that any development of recreational facilities on public land by developers, service clubs, civic groups, individual donors or organizations be consistent with the goals and policies of this element. Policy 4-P.30. Consider the following during the development/re-development of parkland: protection and enhancement of sensitive natural habitat by expanding minimum buffers around sensitive resources; utilizing native plant species in park projects; incorporating plant species that provide food such as seeds, nuts and berries for wildlife and bird species; protecting and buffering drinking water sources such as small ponds and wetland areas; and limiting turf grass use to recreational areas. Use the Carlsbad Landscape Manual in landscape refurbishment and new park development projects. Policy 4-P.31. Design parks to protect public safety by ensuring adequate lighting, signage, and maintenance. Policy 4-P.34. Promote expansion of recreational and educational use opportunities in areas of significant ecological value, such as lagoons, where discretionary use of the resource allows. Consider partnering with private foundations for the conservation of such lands and the development of educational programming.  Combine historically significant sites with recreational learning opportunities, where possible.  Utilize community parks in support of historical and cultural programs and facilities when feasible and appropriate.  Coordinate the efforts of the Historic Preservation Commission on the siting and care of historic ruins within parks. Policy 4-P.35. Seek funding opportunities from state, federal, and local agencies to provide additional access points or improve the recreational and educational potential of the city’s three lagoons and other special resource areas. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-11 Policy 4-P.37. Explore ways to increase access to the beach and lagoons from the city’s eastern neighborhoods. Policy 4-P.38. Work cooperatively with state officials on a development plan for South Carlsbad State Beach so as to maximize public recreational opportunities. Libraries The Arts, History, Culture, and Education of the City’s General Plan has the following policies and actions related to libraries (City of Carlsbad 2015d): Policy 7-G.8. Ensure the city’s library facilities, services and programs are adequate and appropriate to meet the community’s needs for education and lifelong learning services, as well as the demands of an increasingly digital world. Policy 7-P.23. Ensure that Carlsbad library facilities and programs are expanded commensurate with the city’s population growth in order to maintain compliance with the Growth Management Plan. Policy 7-P.24. Provide adequate library facilities and programs that align with the community’s learning needs, abilities and demographics, and changes in technology, such as through facility design, services and service delivery methods, and partnerships with educational and learning institutions. Policy 7-P.26. Renovate or replace the Cole Library to provide a facility that effectively serves the community’s need for library services. Carlsbad Municipal Code Fire Prevention Code (Carlsbad Municipal Code Title 17) The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations. This code incorporates by reference the California Fire Code, which is developed and updated every three years by the California Building Standards Commission. The city’s Fire Prevention Code also incorporates a number of local amendments necessary to respond to local climatic, geographical, or topographic conditions. 4.12.3 Impact Analysis a. Methodology and Significance Thresholds Appendix G of the CEQA Guidelines identifies the following criteria for determining whether a project’s impacts would have a significant impact to public services and recreation: Result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives; and/or Result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, or the need for new or physically altered police protection 1) 2) City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-12 facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives; and/or Result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives; and/or Result in substantial adverse physical impacts associated with the provision of new or physically altered parks, or the need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives; and/or 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; and/or Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment; and/or Result in substantial adverse physical impacts associated with the provision of new or physically altered public facilities, or the need for new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. b. Prior Environmental Analysis The 2015 General Plan EIR addressed potential parks and recreational facilities impacts in Chapter 11, Public Facilities and Services. The 2015 General Plan EIR found that although the General Plan would increase demand for fire service, police service, schools, and libraries, implementation of the General Plan would not result in the need for construction of new or physically altered public service facilities in order to maintain acceptable standards. The 2015 General Plan EIR also found that the General Plan would result in an additional demand of 393.5 acres of parkland citywide at buildout. However, development of planned parks under the General Plan would increase the city’s parkland by 443.9 acres, resulting in a surplus distributed among all four of the city’s quadrants. Therefore, public services and recreational facilities under the General Plan would be sufficient to accommodate an increase in demand from future residents. Public services and parks and recreational impacts were found to be less than significant. The proposed project involves land use changes on 18 rezone sites that would facilitate development beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to public services and recreation. Therefore, all the CEQA checklist items listed above under Significance Criteria are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan and master and specific plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to public services and recreation would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description, as well as updates to the Public Safety Element which includes policies related to fire and police protection services. 3) 4) 5) 6) 7) Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-13 Threshold 1: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives? Impact PS-1 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD RESULT IN AN INCREASE IN POPULATION WITHIN CARLSBAD. THE PROJECTED POPULATION INCREASE WOULD INCREASE DEMAND FOR FIRE PROTECTION SERVICES AND POTENTIALLY CREATE THE NEED FOR A NEW OR ALTERED FIRE STATION. HOWEVER, COMPLIANCE WITH POLICIES IN THE GENERAL PLAN WOULD REDUCE IMPACTS RELATED TO FIRE SERVICE FACILITIES TO A LESS THAN SIGNIFICANT LEVEL. The proposed project would facilitate development of up to 3,295 housing units would result in approximately 8,260 additional persons in Carlsbad and the CFD districts (see Section 4.11, Population and Housing, for population estimation methodology). The increase in residents associated with the project could increase demand for fire protection and emergency medical services such that additional staff, equipment or facilities would be needed to meet response time goals. The proposed project would not expand the CFD service area but would result in an increased population within the existing service area. As shown below in Figure 4.12-2, similar to the analysis in the 2015 General Plan EIR, all new development on the proposed 18 rezone sites except for Site 19 would be located within one mile of an existing fire station. Although Site 19 would be located approximately 1.5 miles south of Fire Station 2, the site would be well served by fire services as it is accessible via El Camino Real. The CFD has expressed the need to upgrade a number of its existing fire stations in order to meet increased service demands, changes in staffing, and the increased size of fire apparatus, and indicated that three out of six of the fire stations are only minimally meeting the needs of the city. Since adoption of the 2015 General Plan, the CFD has rebuilt Fire Station 2 to accommodate a larger crew, modern firefighting equipment, and a larger number emergency response vehicles (City of Carlsbad 2023h). The City has also completed temporary Fire Station 7 on part of the old Encina power plant site in order to improve emergency response times and ensure fire and emergency medical services are ready to meet the community’s needs as the city’s demographics and population change. The CFD also has a goal to establish a permanent Fire Station 7 in the area of Cannon Road west of Interstate 5 (I-5) by 2026 to 2028, which would further ensure the adequacy of fire protection facilities and services (City of Carlsbad 2023c). The proposed project also includes an update to the city’s Public Safety Element. The following policies are proposed in the Public Safety Element Update: Policy 6-P.43 Maintain adequate Police and Fire Department staff to provide adequate and timely response to all emergencies according to department standards, as well as continuous community outreach providing education for emergency situations. Policy 6-P.44 Encourage physical planning and community design practices that deter crime and promote safety. Policy 6-P.45 Maintain close coordination between planned improvements to the circulation system within the city and the location of fire stations to assure adequate levels of service and response times to all areas of the community. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-14 Policy 6-P.46 Consider site constraints in terms of hazards and current levels of emergency service delivery capabilities when making land use decisions. In areas where population or building densities may be inappropriate to the hazards present, take measures to mitigate the risk of life and property loss. Policy 6-P.47 Coordinate the delivery of fire protection services through auto aid and mutual aid agreements with other agencies when appropriate. Policy 6-P.48 Enforce the most current California Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.49 When future development is proposed to be intermixed with fire hazard severity zones and/or adjacent to fire hazard severity zones, require applicants to comply with the city’s adopted Landscape Manual, which includes requirements related to fire protection, and calls for preparation of a fire protection plan when a proposed project contains or is bounded by hazardous vegetation or is within an area bounded by a Very High Fire Hazard Severity Zone, or as determined by the Fire Code official or his representative. Wildfires Policy 6-P.50 Coordinate with Carlsbad Municipal Water District, Olivenhain Municipal Water District, and Vallecitos Water District to ensure that water pressure for existing developed areas is adequate for firefighting purposes during the season and time of day when domestic water demand on a water system is at its peak. Policy 6-P.51 Permit development only within areas that have adequate water resources available, to include water pressure, onsite water storage, or fire flows. Policy 6-P.52 Maintain and implement Wildland/Urban Interface Guidelines for new and existing development within neighborhoods that are proximal to existing fire severity zones. Decrease the extent and amount of edge or wildland urban interface where development is adjacent to fire hazard severity zones. Policy 6-P.53 Use strategies, such as community organization volunteer partnerships and environmentally friendly fuel reduction and weed abatement approaches, as prevention measures to minimize the risk of fires. Engage in fire hazard reduction projects, including community fire breaks and private road and public road clearance. Policy 6-P.54 To increase resistance of structures to heat, flames, and embers, review current building code standards and other applicable statutes, regulations, requirements, and guidelines regarding construction, and specifically the use and maintenance of non-flammable materials (both residential and commercial). Promote the use of building materials and installation techniques beyond current building code requirements, to minimize wildfire impacts as well as fire protection plans for all development. These policies would require the continuation of fire prevention practices and ensure circulation improvements account for the location of fire stations to assure adequate levels of service and response times to all areas of the community. Additionally, future development at the 18 rezone sites would be required to comply with Chapter 17.04 of the CMC, which outlines requirements under the city’s Fire Prevention Code. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-15 Figure 4.12-2 Rezone Sites Proximity to Fire Stations a ,, I' :..._ __ J City Limits Highway Major Street Planned Street Railroad Fire Station 1-mile from a Potential Housing Site Potential Housing Sites • D -D Convert government-owned property to allow housing Convert commercial property to allow housing Increase units allowed on properties that already allow housing Convert vacant industrial property to allow housing • Site 13 was designated as a low priority site by the City Council and is therefore not shown on this map N o'---~o.,i: .. s ___ ..,1.s II Miles ~ Imagery provided by Esri and its licensors © 2023. Addirionof data provided by City of Carlsbad, 2022. -- \,Ov.e R c.olO_,efO I \\ \______ l ,'l,\.,,,, --,11 , o~·1-o~ ('/\"v ~-. ' ---•~'& I \ ~<:;4-t>"' ' \ .-- San Marcos t4SE.,-;t1,r.,1;."' <?i,~. ~ -------- p.,.:GP-~o City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-16 Should the CFD and the city determine that new or expanded facilities are needed to provide fire protection services to Carlsbad; it is not known where such facilities would be located. No location has been identified for a new fire station as part of the proposed project. Nonetheless, when and if the CFD proposes a new station and identifies an appropriate site and funding, the city would be required to conduct a complete evaluation of the station’s environmental impacts under CEQA. Therefore, this impact would be less than significant, similar to what was analyzed in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 2: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, or the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives? Impact PS-2 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD RESULT IN AN INCREASE IN THE CITY’S POPULATION. THE PROJECTED POPULATION INCREASE WOULD INCREASE DEMAND FOR POLICE PROTECTION SERVICES AND POTENTIALLY CREATE THE NEED FOR NEW OR ALTERED POLICE SERVICE FACILITIES. HOWEVER, COMPLIANCE WITH POLICIES IN THE GENERAL PLAN WOULD REDUCE IMPACTS RELATED TO POLICE FACILITIES TO A LESS THAN SIGNIFICANT LEVEL. Implementation of the proposed project would increase the population served by the CPD. Although CPD does not factor in population increases when determining its staffing needs, population growth in Carlsbad could result in an increase in reported incidents, leading to longer response times unless the CPD increases staffing. Police protection services are not typically “facility-driven,” meaning such services are not as reliant on facilities in order to effectively patrol a beat. An expansion of, or intensification of development within a beat does not necessarily result in the need for additional facilities if police officers and patrol vehicles are equipped with adequate telecommunications equipment in order to communicate with police headquarters. However, if the geographical area of a beat is expanded, population increases, or intensification/redevelopment of an existing beat results in the need for new police officers, new or expanded facilities may be needed. As discussed in the 2015 General Plan EIR, the CPD has expressed growing the department in order to accommodate increases in demand from a growing population. However, meeting facilities needs for an expanded Police Department would not necessarily require new construction or physically altering an existing facility and would have a limited impact on the city’s built environment. Since adoption of the 2015 General Plan EIR, the City has constructed a Safety Training Center that allows police, fire, utility workers, and other first responders to have access to important emergency training (Carlsbad Chamber of Commerce 2023). Further, policies included in the Public Safety Element Update, including Policy 6-P.43 included under Impact PS-1, would ensure that there is adequate staffing to meet existing service demands. Police protection service levels would continue to be evaluated and maintained by CPD accordance with existing policies, procedures and practices as development occurs over the lifetime of the project. Should the CPD and the city determine that new or expanded facilities are needed to provide police protection services to Carlsbad; it is not known where such facilities would be Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-17 located. No location has been identified for a new police station as part of the proposed project. Nonetheless, when and if the CPD proposes a new station and identifies an appropriate site and funding, the City would be required to conduct a complete evaluation of the station’s environmental impacts under CEQA. Therefore, this impact would be less than significant, similar to what was analyzed in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? Impact PS-3 DEVELOPMENT FACILITATED UNDER THE PROPOSED PROJECT WOULD RESULT IN AN INCREASE IN POPULATION IN CARLSBAD, RESULTING IN THE NEED FOR ADDITIONAL OR EXPANDED SCHOOL FACILITIES. HOWEVER, GOVERNMENT CODE 65995 (B) WOULD REQUIRE FUNDING FOR THE PROVISION OR EXPANSION OF NEW SCHOOL FACILITIES TO OFFSET IMPACTS FROM NEW RESIDENTIAL DEVELOPMENT. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. The proposed project would not directly affect local schools but would generate new students entering the CUSD, SMUSD, EUESD, and SDUHSD. These students would be distributed throughout the schools that serve Carlsbad depending on their grade level and on their location. As discussed in Section 2, Project Description, the proposed project could result in 3,295 new dwelling units and 8,260 additional persons in Carlsbad by 2035. As of 2021, approximately 22.8 percent of Carlsbad’s population is 18 years old or younger (US Census Bureau 2023). Applying this ratio to the maximum addition of residents facilitated by the proposed project, the project would add approximately 1,883 school-aged residents to Carlsbad in a maximum population increase scenario.2 As discussed in the FY 2021-22 GMP Report, the CUSD would be able to accommodate current enrollment levels and expected future growth under the 2015 General Plan through renovating and replacing a variety of school facilities, outlined in their Long Range Facility Master Plan (CUSD 2018); the SMUSD although currently at maximum capacity would issue will-serve letters for proposed developments that would be served by SMUSD schools, and would be able to accommodate expected future growth in the area; the EUESD would have sufficient capacity for future growth; and the SDUHSD would also have sufficient capacity of future growth (City of Carlsbad 2023d). In order to offset a project’s potential impact on schools, Government Code 65995(b) establishes the base amount of allowable developer fees a school district can collect from development projects located within its boundaries. The fees obtained by CUSD, SMUSD, EUESD, and SDUHSD are used to maintain the desired school capacity and the maintenance and/or development of new school facilities. Future development facilitated by proposed project would be required to pay school impact fees which, pursuant to Section 65995 (3) (h) of the California Government Code (Senate Bill 50, chaptered August 27, 1998), are “deemed to be full and complete mitigation of the impacts of any 2 8,260 potential residents multiplied by the current proportion of school-aged students (8,299 x 22.8 percent) is approximately 1,883. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-18 legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization.” The city would also continue to implement policies 7-G.9 and 7-P.23 of the Arts, Culture, History, and Education Element of the 2015 General Plan, which would facilitate coordination with school districts to ensure school facilities have adequate and permanent capacity to accommodate projected future enrollment. There are no planned improvements to add capacity through expansion. In the event that CUSD, SMUSD, EUESD, or SDUHSD construct a new school or physically alters an existing facility, a project-specific environmental analysis would be required under CEQA to address site-specific environmental concerns. As described above, existing laws and regulations would require funding for the provision or expansion of new school facilities to offset impacts from new residential development. This impact would be less than significant, similar to what was analyzed in the 2015 EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 4: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered parks, or the need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? Threshold 5: Would the proposed 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? Threshold 6: 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? Impact PS-4 DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT WOULD INCREASE THE POPULATION OF CARLSBAD AND THE USE OF EXISTING PARKS AND RECREATIONAL FACILITIES. HOWEVER, NO PLANS FOR THE EXPANSION OR CONSTRUCTION OF NEW PARKS OR RECREATIONAL FACILITIES ARE ANTICIPATED WITH THE PROPOSED PROJECT. THEREFORE, THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. The proposed project would facilitate the development of 3,295 new residential units and add an estimated 8,260 residents to the city’s population. The project does not include recreational facilities. Similar to the analysis in the 2015 General Plan EIR, without the development of new parks, this increase in population would place additional physical demands on existing parks and facilities. An increase in the number of park users would cause parks to be in active use for longer periods of time and/or used more intensively over the course of a typical day. As a result, vital park elements such as vegetation, water resources, built structures, walking/biking paths, sport facilities, and others would face increased wear-and-tear over the course of the planning period and, without proper maintenance, their useful life could be shortened (City of Carlsbad 2015a). As discussed above under Section 4.12.1d, Carlsbad currently has a sufficient parkland in each park district to meet the city’s GMP standard of three acres of parkland per 1,000 residents in each park district. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-19 As stated in Section 4.11, Population and Housing, with implementation of the proposed project, Carlsbad would have 56,516 housing units at buildout. This equates to a population of 141,670.3 With the increased population resulting from the project, the required park acreage compared to the current park acreage is shown in Table 4.12-2. Based on current population estimates at buildout, with the proposed project, two of the park districts, the northeast and southwest districts, would not meet the GMP standard of three acres per 1,000 residents. Table 4.12-2 Parkland Acreage by Park District with the Proposed Project Park District Quadrant Population at Project Buildout Park Acreage Required at Project Buildout1 Current Park Acreage NW 43,086 129.2 131.7 NE 24,065 72.2 68.7 SW 31,229 93.7 93.6 SE 43,291 129.9 138.3 Total 141,670 425.0 432.4 1 Assuming a goal of 3 acres per 1,000 residents within the park district On July 26, 2022, the City Council approved the Veterans Memorial Park Master Plan and the park is funded; therefore, the park is “scheduled for construction.” Because of its size, centralized location, and citywide significance, the park will help fulfill citywide park facility needs. The city’s intention is for the park to be a citywide park facility, and for the total park acreage to be applied equally to all city quadrants dates to the Citywide Facilities and Improvements Plan approved in 1986 (See Resolution 8797, adopted September 23, 1986, Exhibit A at pp. 33–35). The park acreage in each park district includes 23.425 acres for Veterans Memorial Park. The city also has plans to construct a 11.2-acre Robertson Ranch Community Park located on the northeast corner of El Camino Real and Cannon Road in the future, which would help to accommodate the increase in population in the northeast quadrant. In addition, the future South Carlsbad Coastline Park of approximately 60 acres will help accommodate the increase in population in the southwest quadrant. Overall, with the planned park improvements, the city is projecting that there will be 519.7 acres of parkland and special use areas. The addition of the 11.2-acre Robertson Ranch Community Park in the northeast quadrant would address the deficiency in that district with the proposed project. Further, the addition of South Carlsbad Coastline Park would address the deficiency in the southwest quadrant. Therefore, with implementation of the project and planned parks and recreational facilities and improvements, the city GMP standard of three acres per 1,000 residents for each park district. Further, future development involving a subdivision would be required to comply with Chapter 20.44 of the CMC, which requires future project applicants to either dedicate land or pay the applicable parkland dedication in-lieu fee in order to mitigate impacts to parks and recreational facilities. Additionally, future development would be required to comply with policies 4-P.5b and 4- P.20 through 4-P.39 of the Open Space, Conservation, and Recreation Element of the General Plan, which would ensure the city actively seeks to preserve and expand parks to meet the needs of Carlsbad residents as well as meet the park standards outlined in the Citywide Facilities and Improvements Plan of the GMP. 3 The population is based on calculations developed by the city for the 2015 General Plan EIR to estimate population at buildout. The estimate assumes 2.63 persons per household, with a 5.5 percent vacancy rate, and 0.86 percent of residents as group quarters (56,516 * 2.63 * 0.945 *1.0086 = 141,670). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-20 Therefore, the proposed project would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Impacts would be less than significant, similar to the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. Threshold 7: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered public facilities, or the need for new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives? Impact PS-5 DEVELOPMENT ASSOCIATED WITH THE PROPOSED PROJECT WOULD INCREASE THE POPULATION OF CARLSBAD AND THE USE OF EXISTING LIBRARY FACILITIES. HOWEVER, EXISTING LIBRARY FACILITIES WOULD HAVE SUFFICIENT CAPACITY TO ACCOMMODATE THE INCREASE IN POPULATION. ADDITIONALLY, COMPLIANCE WITH GENERAL PLAN POLICIES WOULD REDUCE IMPACTS RELATED TO LIBRARY FACILITIES TO A LESS THAN SIGNIFICANT LEVEL. As discussed above under Section 4.12.1e, the city currently has 99,993 square feet of library facilities, and a ratio of 849 square feet of library space per 1,000 residents which meets the standard of 800 square feet per 1,000 population. The proposed project would facilitate the development of 8,260 new residents which would increase Carlsbad’s population from a current population of 117,800 people to 141,670 people in 2035, when also including growth that would be realized under the existing General Plan (see calculation under Impact PS-4). Therefore, in 2035 when accounting for project growth plus growth under the existing General Plan, the library ratio would be 705 square feet of library space per 1,000 residents. Under the GMP, the Citywide Facilities and Improvements Plan establishes a performance standard for library space equal to 800 square feet per 1,000 population. Therefore, with the project and expected growth under the 2015 General Plan, Carlsbad would be deficient in meeting the library space performance standard. Pursuant to policies 7-G.8 and 7-P.23 of the Arts, History, Culture, and Education Element of the General Plan, the City would be required to ensure library facilities are expanded commensurate with the city’s population growth. As discussed in the GMP FY 2021-22 GMP Monitoring Report, even without implementation of the proposed project, existing library facilities are expected to fall short of the growth management standard at buildout. Complete replacement of the Cole facility is included in the Capital Improvement Program budget between the years 2023 and buildout, as part of the new City Hall project. The City Hall project will most likely inform the timing, design, and opportunities for a new Cole library facility. Therefore, the city is contemplating replacing and modernizing library facilities and this would continue with implementation of the proposed project. At such time as the design and timing is finalized, a project-specific environmental analysis would be required under CEQA to address site-specific environmental concerns. Environmental Impact Analysis Public Services and Recreation Supplemental Environmental Impact Report 4.12-21 Overall, the proposed project itself would not result in substantial adverse physical impacts associated with the construction of new library facilities, and impacts would be less than significant, similar to the 2015 EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts For these issue areas, cumulative development involves development under the proposed project in addition to growth projected under the 2015 General Plan. Fire Protection The project in combination with growth and buildout under the General Plan could increase population such that there is an increase in reported incidents, leading to longer response times unless the CFD increases staffing. As described above under Impact PS-1, with continued implementation of General Plan policies and Fire Code requirements, it is not anticipated that a new fire station is needed to serve cumulative development in Carlsbad. Therefore, the cumulative impacts related to fire protection facilities would be less than significant, and the proposed project’s contribution to these impacts would not be cumulatively considerable. Police Protection The project in combination with growth and buildout under the General Plan could increase population such that there is an increase in reported incidents, leading to longer response times unless the CPD increases staffing. Should additional staffing be needed to serve the areas around the project sites accounting for future cumulative development, staffing is reviewed each budget cycle and considers historical and current year information related to police services. Overall, although additional staffing may be needed, it is not anticipated that additional police department facilities would be needed to serve cumulative growth in the project areas. Therefore, the cumulative impacts related to police protection facilities would be less than significant, and the proposed project’s contribution to these impacts would not be cumulatively considerable. Schools Cumulative development would increase the number of children attending CUSD, SMUSD, EUESD, and SDUHSD schools. However, as stated in Impact PS-3, compliance with Senate Bill 50 would require applicants for future development in Carlsbad to pay school impact fees established to offset potential impacts from new development. Therefore, pursuant to CGC Section 65994(h), the cumulative impact relating to school capacity would be less than significant, and the project’s contribution to this impact would not be cumulatively considerable. Parks and Recreational Facilities Cumulative projects also would increase demand for park and recreational facilities. As discussed in Impact PS-4, existing parkland in and near Carlsbad is adequate to serve overall demand, and it is not anticipated that population growth from cumulative development would result in substantial deterioration of existing park facilities. The city also has plans to expand parkland and recreational City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.12-22 facilities within the Carlsbad such as the construction of Robertson Ranch Community Park which results in the park inventory for all city quadrants exceeding the projected required acreage at buildout. Additionally, future development involving a subdivision would be required to either dedicate land or pay the applicable parkland dedication in-lieu fee in order to mitigate impacts to parks and recreational facilities pursuant to Chapter 20.44 of the CMC. Therefore, cumulative development would not result in a significant impact related to parks, and the project would not make a considerable contribution to a cumulative impact. Libraries Cumulative development would increase the demand for library facilities. However, as discussed in Impact PS-5, the analysis takes into account development under the proposed project and growth under the 2015 General Plan. Although the city anticipates that cumulative growth would result in a deficiency of library space, the city is considering replacing and modernizing library facilities to meet changing community demand. Therefore, cumulative development would not result in a significant impact related to libraries beyond what is discussed under Impact PS-5, and the project would not make a considerable contribution to a cumulative impact. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-1 4.13 Transportation This section builds off the 2015 General Plan EIR and evaluates effects on transportation in the Carlsbad region that would result from implementation of the proposed project. This section is based on the Fehr & Peers Transportation Modeling Considerations and Results memo, which is included in Appendix E. 4.13.1 Setting a. Existing Road System Regional accessibility to the city is provided primarily by local freeways (Interstate [I]-5 and State Route [SR]-78) via interchanges with local streets. Sub-regional accessibility is provided by regional arterial streets, such as El Camino Real, College Boulevard, Melrose Drive, Cannon Road, Palomar Airport Road, La Costa Avenue, and Rancho Santa Fe Road. Other key facilities, such as Carlsbad Village Drive, Carlsbad Boulevard, Poinsettia Lane, Aviara Parkway/Alga Road, serve some sub- regional traffic, but are primarily used to access unique areas of the city such as the Village, the lagoons, and the city’s coastline (City of Carlsbad 2014). b. Transit Service Transit in Carlsbad includes North County Transit District (NCTD) bus service, Americans with Disabilities Act (ADA) paratransit service, the COASTER commuter rail, and Amtrak rail service; indirectly, transit service is also provided by the NCTD Sprinter light rail system and Metrolink commuter rail. Bus Service NCTD bus service is referred to as their BREEZE service. BREEZE currently operates approximately nine bus routes within the city, including routes 101, 302, 304, 309, 323, 315/325, 444, 445, and 632. Buses generally operate on 30-minute to 60-minute headways depending on the day of the week. NCTD also offers LIFT, a curb-to-curb service for disabled persons who are unable to utilize the BREEZE serve and are certified as eligible to use the service, as required by the ADA. COASTER Commuter Rail This is a north-south commuter rail transit service connecting from Oceanside to Santa Fe Depot in San Diego. Carlsbad is served by two COASTER stations, one located north of Poinsettia Lane (just west of I-5) and the other is located in the Village area. The COASTER service primarily operates southbound on approximately 60-minute headways between 5:15 AM and 8:40 PM Monday through Friday. It operates northbound on approximately 60-minute headways between 6:40AM and 10:20 PM. It operates on reduced service hours on weekends and holidays with longer headways. Sprinter This is an east-west hybrid rail transit service connecting Oceanside to Escondido and many educational destinations such as Mira Costa College and California State University San Marcos. Although the Sprinter does not run within the city limits, it runs just north of Carlsbad and connections are provided via the COASTER and Breeze services in addition to bicycle accessibility. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-2 Amtrak Amtrak is a national passenger rail service connecting San Diego to San Luis Obispo. The nearest Amtrak stop is in Oceanside, approximately 3 miles north of Carlsbad. Metrolink Metrolink is a commuter rail service serving Los Angeles, Orange, Riverside, and San Bernardino counties. The Orange County line connects to the COASTER line in Oceanside. c. Bicycle/Pedestrian Facilities Bike facilities are categorized into four different classifications:  Class I Shared-Use Paths are bikeway facilities designated for exclusive use by bicycles and pedestrians. They are separated from roadways, usually designed for two-way travel, and are designed to minimize cross-flow by motor vehicles. Whenever practical, these paths should be at least 8 feet wide, paved with asphalt concrete, and have two-foot wide, graded shoulders made of aggregate base.  Class II Bike Lanes are areas within paved streets. They usually consist of adjacent one-way lanes on either side of the roadway for exclusive and semi-exclusive use by bicycles. At minimum, Class II bike lane facilities require four-foot wide lanes on both sides of the roadway where shoulders are present and five-foot wide lanes where curb and gutters are present. These facilities are for the exclusive use of bicycles where they are separated from the motor vehicle lane by a six-inch painted white stripe and designated with signs and permanent pavement markings. Shared use by motor vehicles within these facilities is only permissible where indicated by broken or dashed striping.  Class III Bike Routes are located in shared-use travel lanes with sufficient width for both motor vehicle and bicycle usage. Class III bike routes are usually only designated by signs or permanent pavement markings indicating the route.  Class IV Separated Bikeways are on-street facilities reserved for use by bicyclists, with physical separation between the bikeway and travel lanes. Separated bikeways – also known as cycle tracks – can be one-way facilities on both sides of the street or two-way facilities on one side of the street. Physical separation can include concrete curbs, landscaping, parking lanes, bollards, or other vertical elements. They differ from Class I shared-use paths and Class II bike lanes, as they are on-street but physically separated from vehicle traffic. Bicycle travel in Carlsbad is currently provided via trails, Class I off-street bicycle paths, Class II on- street bicycle lanes, and Class III on-street bicycle routes. New Class IV separated bikeways are planned for in the city’s Sustainable Mobility Plan (discussed in Section 4.13.2, Regulatory Setting). Class II bike lanes are the most common in Carlsbad and are present on main streets throughout the city. Pedestrian travel within the city is provided via sidewalks, crosswalks, and dedicated pedestrian trails. There are approximately 651 miles of sidewalk and 3.2 miles of multi-use path within the city (City of Carlsbad 2020). In total, 73 miles of roadway throughout the city are without sidewalks or with substandard sidewalks. These areas include small neighborhood streets and wide, high-speed corridors (City of Carlsbad 2020). Additionally, the city’s design criteria have provided sidewalks along most facilities within the city, but some streets that were developed prior to the city’s incorporation lack sidewalks. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-3 Additionally, several pedestrian and bicycle barriers exist in Carlsbad that prohibit direct travel in the city. Although some of these barriers are natural in nature (such as the topography of the inland area and the city’s three lagoons), some of the barriers are man-made (such as I-5 and the railroad). 4.13.2 Regulatory Setting a. Federal There are no federal regulations that are relevant to the proposed project. b. State California Department of Transportation Planning Documents Caltrans is responsible for planning, designing, constructing, operating, and maintaining the State highway system. Federal highway standards are implemented in California by Caltrans. Any improvements or modifications to the highway system, including ramps and access points, within the study area would need to be approved by Caltrans. The following Caltrans planning documents emphasize the State of California’s focus on transportation infrastructure that supports mobility choice through multimodal options, smart growth, and efficient development.  Smart Mobility 2010: A Call to Action for the New Decade (Smart Mobility Framework)  Caltrans Deputy Directive 64-R1  Local Development Intergovernmental Review  Strategic Plan 2020-2024  California Transportation Plan 2050 Smart Mobility Framework The purpose of the Smart Mobility Framework, published in February 2010, is to address the State mandate to find solutions to climate change, reduce VMT per resident, and create a safe and equitable transportation system (Caltrans 2010). The Smart Mobility Framework includes 10 implementing themes to achieve its purpose, including integration into Caltrans and other transportation agencies’ policy and practice, collection of data and tools to implement the Smart Mobility Framework, undertaking of major cross-functional initiatives, and integration into local government land use and transportation planning. Caltrans Deputy Directive 64-R1: Complete Streets – Integrating the Transportation System In 2001, Caltrans adopted Deputy Directive 64; a policy directive related to non-motorized travel throughout the State. In October 2008, Deputy Directive 64 was strengthened to reflect changing priorities and challenges. Deputy Directive 64-R1 states: The Department views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system. Providing safe mobility for all users, including motorists, bicyclists, pedestrians and transit riders, contributes to the Department's mission/vision: "Improving Mobility across California.” City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-4 Successful long-term implementation of this directive is intended to result in more options for people to go from one place to another, less traffic congestion and greenhouse gas emissions, more walkable communities (with healthier, more active people), and fewer barriers for older adults, children, and people with disabilities. Local Development Intergovernmental Review (LDIGR) Safety Practitioners In December 2020, Caltrans issued Traffic Safety Bulletin 20-02-R1 announcing the release of the “Interim Local Development Intergovernmental Review Safety Review Practitioners Guidance (LDIGR Safety Review Practitioners Guide).” This new guidance material provides instructions to Caltrans personnel, lead agencies, developers, and consultants for conducting safety impact analysis for proposed land use projects and plans in compliance with CEQA. The guidance sets expectations for Caltrans staff and lead agencies about what information and factors to consider in safety impact analysis with a focus on potential safety impacts affecting the California State Highway System (SHS). Integrating safety in the Caltrans land development and intergovernmental review process helps to solidify a culture of safety in California through the Safe System approach. Caltrans recommends lead agencies use systemic safety plans, specifically Local Roadway Safety Plans (LRSPs), Systemic Safety Analysis Reports (SSARs), and Vision Zero plans, as models for safety analysis of the local transportation network. These plans can help local jurisdictions obtain resources to improve safety in their communities, and they will now be an input to assessing the potential safety impacts of new land use projects and land use plans. Strategic Plan 2020-2024 Caltrans’ 2020-2024 Strategic Plan weaved sustainability principles through all of its goals. Goals of the Strategic Plan are related to safety, enhancing and connecting the multimodal transportation network, lead climate action, and advancing equity in all communities (Caltrans 2021a). California Transportation Plan 2050 Caltrans completed the California Transportation Plan to comply with Title 23, Code of Federal Regulation Section 450.214 and pursuant to California Government Code Title 7 Division 1 Chapter 2.3. The California Transportation Plan provides a roadmap for making effective, equitable, transparent, and transformational transportation decisions in California. The vision of the California Transportation Plan is: “California’s safe, resilient, and universally accessible transportation system supports vibrant communities, advances racial and economic justice, and improves public and environmental health,” which is supported by goals related to safety, climate, equity, accessibility, public health, economy, environment, and infrastructure (Caltrans 2021b). California Encroachment Permits Any work within the existing right of way would have to comply with Caltrans permitting requirements. This includes a traffic control plan that adheres to the standards set forth in the California Manual of Uniform Traffic Control Devices (MUTCD). As part of these requirements, there are provisions for coordination with local emergency services, training for flagmen for emergency vehicles traveling through the work zone, temporary lane separators that have sloping sides to facilitate crossover by emergency vehicles, and vehicle storage and staging areas for emergency vehicles. MUTCD requirements also provide for construction work during off-peak hours and flaggers. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-5 AB 1358 – California Complete Streets Act of 2008 Supporting some of the previously referenced regulations/requirements, the California Complete Streets Act of 2008 (AB 1358) requires circulation elements as of January 1, 2011, to accommodate the transportation system from a multi-modal perspective, including public transit, walking and biking, which have traditionally been marginalized in comparison to autos in contemporary American urban planning. SB 375 The Sustainable Communities Strategy and Climate Protection Act of 2008, SB 375, is a law passed in 2008 by the California legislature that requires each Metropolitan Planning Organization (MPO) to demonstrate, through the development of a Sustainable Communities Strategy (SCS), how its region will integrate transportation, housing, and land use planning to meet the GHG reduction targets set by the state. In addition to creating requirements for MPOs, it also creates requirements for the California Transportation Commission and California Air Resources Board (CARB). For Carlsbad, the MPO is San Diego Association of Governments (SANDAG). SB 743 SB 743 resulted in several statewide CEQA changes. It required the Governor’s Office of Planning and Research (OPR) to establish new metrics for determining the significance of transportation impacts of projects within transit priority areas (TPAs) and allows OPR to extend use of the metrics beyond TPAs. OPR selected VMT as the preferred transportation impact metric and applied their discretion to require its use statewide. This legislation also established that aesthetic and parking effects of residential, mixed-use residential, or employment center projects on an infill site within a TPA are not significant impacts on the environment. The revised CEQA Guidelines that implement this legislation became effective on December 28, 2018, and state that vehicle level of service (LOS) and similar measures related to delay shall not be used as the sole basis for determining the significance of transportation impacts. Finally, the legislation establishes a new CEQA exemption for a residential, mixed-use, and employment center project a) within a TPA, b) consistent with a specific plan for which an EIR has been certified, and c) consistent with an SCS. This exemption requires further review if the project or circumstances change significantly. To aid in SB 743 implementation, the following state guidance has been produced:  Technical Advisory on Evaluating Transportation Impacts in CEQA (OPR 2018)  The 2022 Scoping Plan-Identified VMT Reductions and Relationship to State Climate Goals (CARB 2022)  Interim Land Development and Intergovernmental Review (LDIGR) Safety Review Practitioners Guidance (July 2020) OPR’s guidance on application of SB 743 indicates that a VMT impact is significant if VMT per resident remains above 15 percent below the existing regional average or the existing citywide average for residential projects consistent with the SCS. The CARB 2022 Scoping Plan for Achieving Carbon Neutrality identified VMT reductions and relationship to state climate goals and is relevant for transportation impact analysis of the project. It provides recommendations for VMT reductions that would be necessary to achieve the state’s GHG reduction goals and acknowledges that the SCS targets alone are not sufficient to meet climate goals. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-6 c. Local SANDAG Regional Plan SANDAG is the regional transportation planning agency in San Diego County. As such, they are responsible for planning and funding transportation projects throughout the region. SANDAG adopted its most recent regional plan on December 10, 2021. The following projects have been identified in the Carlsbad area to improve mobility:  Peak period bus rapid transit (BRT) on I-5 and along an east-west corridor somewhere near, on or parallel to, Palomar Airport Road  Managed lanes on I-5 and SR-78 (including upgrades to the I-5/SR-78 interchange) City of Carlsbad Vehicle Miles Traveled (VMT) Analysis Guidelines The City of Carlsbad’s VMT Analysis Guidelines for CEQA were updated on October 3, 2022. The guidelines describe a methodology for compliance with the requirements of SB 743 regarding analysis of VMT for land use projects that are subject to the CEQA. This guidance is intended to provide methodology by which Land Use Projects will be evaluated and assist the City of Carlsbad in its CEQA VMT analyses. It indicates that a VMT impact is significant for a residential project if the project VMT per resident exceeds a level 15 percent below the city average VMT per resident. Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, includes multiple policies related to transportation in the Mobility Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): Mobility Element Policy 3-P.1 Implement a comprehensive livable streets network. This network, as outlined in Table 3-1 and shown on Figure 3-1 [of the 2015 General Plan], identifies the transportation modes that shall be accommodated, based on street typology, to ensure accessibility to the city’s street system to persons of all ages and abilities. Policy 3-P.2 Integrate livable streets in all capital improvement projects, where applicable, as well as new development projects. Policy 3-P.3 Apply and update the city’s multi-modal level of service (MMLOS) methodology and guidelines that reflect the core values of the Carlsbad Community Vision related to transportation and connectivity. Utilize the MMLOS methodology to evaluate impacts of individual development projects and amendments to the General Plan on the city’s transportation system Policy 3-P.4 Implement the city’s MMLOS methodology and maintain LOS D or better for each mode of travel for which the MMLOS standard is applicable, as identified in Table 3- 1 and Figure 3-1. Policy 3-P.5 Require developers to construct or pay their fair share toward improvements for all modes consistent with this Mobility Element, the Growth Management Plan, and specific impacts associated with their development. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-7 Policy 3-P.8 Utilize transportation demand management strategies, non-automotive enhancements (bicycle, pedestrian, transit, train, trails, and connectivity), and traffic signal management techniques as long-term transportation solutions and traffic mitigation measures to carry out the Carlsbad Community Vision. Policy 3-P.16 Design new streets, and explore funding opportunities for existing streets, to minimize traffic volumes and/or speed, as appropriate, within residential neighborhoods without compromising connectivity for emergency first responders, bicycles, and pedestrians consistent with the city’s Carlsbad Active Transportation Strategies. This should be accomplished through management and implementation of livable streets strategies and such programs like the Carlsbad Residential Traffic Management Plan. Policy 3-P.17 Consider innovative design and program solutions to improve the mobility, efficiency, connectivity, and safety of the transportation system. Innovative design solutions include, but are not limited to, traffic calming devices, roundabouts, traffic circles, curb extensions, separated bicycle infrastructure, pedestrian scramble intersections, high visibility pedestrian treatments and infrastructure, and traffic signal coordination. Innovative program solutions include, but are not limited to, webpages with travel demand and traffic signal management information, car and bike share programs, active transportation campaigns, and intergenerational programs around schools to enhance safe routes to schools. Other innovative solutions include bicycle friendly business districts, electric and solar power energy transportation systems, intelligent transportation systems, semi-or full autonomous vehicles, trams, and shuttles. Policy 3-P.19 Encourage Caltrans, SANDAG, NCTD, and adjacent cities to improve regional connectivity and service consistent with regional planning efforts. This includes expansion of Interstate-5 with two HOV lanes in each direction and associated enhancements, a Bus Rapid Transit (BRT) route along Palomar Airport Road, shuttle bus services from COASTER stations, and other enhancements to improve services in the area. Policy 3-P.20 Engage Caltrans, the Public Utilities Commission, transit agencies, the Coastal Commission, and railroad agency(s) regarding opportunities for improved connections within the city, including: • Improved connections across the railroad tracks at Chestnut Avenue and other locations • Completion and enhancements to the Coastal Rail Trail and/or equivalent trail along the coastline • Improved connectivity along Carlsbad Boulevard for pedestrians and bicyclists, such as a trail • Improved access to the beach and coastal recreational opportunities • Improved crossings for pedestrians across and along Carlsbad Boulevard Policy 3-P.22 Support pedestrian and bicycle facilities at all Interstate-5 and State Route 78 interchanges. Policy 3-P.24 Update the pedestrian, trails and bicycle master plans, as necessary, to reflect changes in needs, opportunities and priorities. Policy 3-P.25 Implement the projects recommended in the pedestrian, trails and bicycle master plans through the city’s capital improvement program, private development conditions and other appropriate mechanisms. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-8 Policy 3-P.26 Identify and implement necessary pedestrian improvements on pedestrian prioritized streets with special emphasis on providing safer access to schools, parks, community and recreation centers, shopping districts, and other appropriate facilities. Policy 3-P.27 Implement the Safe Routes to School and Safe Routes to Transit programs that focus on pedestrian and bicycle safety improvements near local schools and transit stations. Prioritize schools with access from arterial streets for receiving Safe Routes to School projects. Policy 3-P.28 Improve and enhance parking, connectivity, access, and utilization for pedestrians and bicycles to COASTER stations, utility corridors, and open spaces consistent with city planning documents. Policy 3-P.29 Evaluate incorporating pedestrian and bicycle infrastructure within the city as part of any planning or engineering study, private development, or capital project where bicyclists or pedestrians are a prioritized or non-prioritized mode. Policy 3-P.30 Complete the Carlsbad Active Transportation Strategies to assist in identifying livable street implementation parameters within the city. Policy 3-P.32 Require developers to improve pedestrian and bicycle connectivity consistent with the city’s pedestrian and bicycle master plans and trails master planning efforts. In addition, new residential developments should demonstrate that a safe route to school and transit is provided to nearby schools and transit stations within a half mile walking distance. Policy 3-P.33 Work with existing neighborhoods and businesses to improve pedestrian and bicycle connectivity and safety consistent with the city’s pedestrian and bicycle master plans and trails master planning efforts. Policy 3-P.34 Actively pursue grant programs such as SANDAG’s Active Transportation Grant Program and Smart Growth Incentive Program to improve non-automotive connectivity throughout the city. The emphasis of grant-funded projects shall be on implementation, which includes planning documents that guide and prioritize implementation, programs that encourage the use of active transportation modes, education for the use of active transportation modes, or physical improvements themselves. Policy 3-P.35 Partner with other agencies and/or developers to improve transit connectivity within Carlsbad. As part of a comprehensive transportation demand management (TDM) strategy and/or with transit-oriented development (TOD), a shuttle system could be established that connects destinations and employment centers like LEGOLAND, hotels, the Village, McClellan-Palomar Airport, business parks, the COASTER and Breeze transit stations, and key destinations along the coast. The system could incorporate shuttle service in adjacent cities to maximize connectivity. Policy 3-P.36 Encourage NCTD, SANDAG and other transit providers to provide accessibility for all modes of travel to the McClellan-Palomar Airport area. Policy 3-P.37 Coordinate with NCTD to improve the quality of bus stop facilities in the city. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-9 City of Carlsbad Sustainable Mobility Plan (SMP) This plan was adopted by the City Council in 2021. It guides implementation of the General Plan Mobility Element, with the goal of improving traffic safety, reducing greenhouse gas emissions and increasing travel choices. The SMP integrates 12 previous planning documents including the 2007 Bikeway Master Plan, the 2008 Pedestrian Master Plan, the 2013 ADA Transition Plan, the 2015 Carlsbad Active Transportation Strategy, and the 2015 Climate Action Plan. A key goal of the SMP is to integrate planned, unbuilt projects from all of these plans into a single database; prioritize these planned, unbuilt projects; and provide a tool to city staff for facilitating implementation of these multiple planned networks. 4.13.3 Impact Analysis Since adoption of SB 743 and revisions to the CEQA Guidelines in December 2018, VMT is the metric for determining the significance of transportation impacts. Unlike the 2015 General Plan EIR, which relied on LOS as a metric to discuss transportation impacts, analysis in this SEIR utilizes VMT as a metric in compliance with SB 743. VMT provides a measure of travel efficiency and helps depict whether people are traveling more, or less, by vehicle over time. VMT measures the amount of driving that a project generates or causes. For example, a project generating 100 total (inbound and outbound) vehicle trips per day that travel an average of 5.0 miles per trip results in 500 project-generated VMT per day. VMT has historically been used in CEQA as an input for the Air Quality and Greenhouse Gas sections, but VMT can also show how environmentally efficient the connection is between the transportation system and existing or proposed land uses. For the purposes of analyzing the CEQA Transportation impacts of residential projects, the total VMT generated by the project is converted to an efficiency metric by dividing the amount of VMT generated by the number of residents; efficiency metrics are used in CEQA transportation VMT analysis because the goal of the analysis is to show whether or not a particular development will generate low enough VMT to aid the State in meeting its climate targets relative to projected growth in population, employment, etc. Fehr & Peers prepared a memo that includes VMT modeling considerations and results, which is included as Appendix E. a. Significance Thresholds and Methodology Significance Thresholds Pursuant to Appendix G of the CEQA Guidelines, potentially significant impacts to transportation would result if the project would: 1) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. (A significant impact would occur if an element of the project conflicts with existing or planned facilities.) 2) Conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)1. (According to the City of Carlsbad VMT Analysis Guidelines for CEQA Review, for residential projects, the project 1 Section 15064.3 describes specific considerations for evaluating a project’s transportation impacts. Generally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purpose of this section, “vehicle miles traveled” refers to the amount of distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel. Except as provided in subdivision (b)(2) regarding lead agency discretion in determining the appropriate measure of City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-10 generated residential VMT per resident does not constitute a significant impact if it is less than 15 percent below city-wide average VMT per resident. For the cumulative year, the project’s performance under future cumulative conditions is compared to the baseline year citywide average residential VMT per resident.) 3) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). (A significant impact would occur if development facilitated by the project does not conform to applicable City and industry design standards) 4) Result in inadequate emergency access. (A significant impact would occur if development facilitated by the project did not conform to California Fire Code standards for emergency access.) VMT Analysis Methodology Project Screening for VMT The City of Carlsbad VMT Analysis Guidelines includes six (6) screening criteria that can be applied to screen projects out of conducting project-level VMT analysis. Small Projects. Small projects can be presumed to cause a less-than-significant VMT impact. Small projects are defined as generating less than 110 trips per day. Projects Located Near Transit. Projects located within a Transit Priority Area (TPA) can be presumed to have a less-than-significant impact absent substantial evidence to the contrary. This exemption would not apply if the project:  Has a Floor Area Ratio (FAR) of less than 0.75;  Includes more parking for use by residents, customers, or employees than required by the lead agency (if the agency allows but does not require the project to supply a certain amount of parking);  Is inconsistent with the applicable SCS (as determined by the lead agency, with input from the SANDAG); or  Results in a net reduction in multi-family housing units. Local-Serving Retail and Similar Land Uses. Projects that consist of local-serving retail uses can generally be presumed to have a less-than-significant impact absent substantial evidence to the contrary, since these types of projects will primarily draw users and customers from a relatively small geographic area that will lead to short-distance trips and trips that are linked to other destinations. Local-Serving Public Facilities. Similar to retail land uses, local-serving public facilities can generally be presumed to have a less-than-significant impact. Affordable Housing Projects. According to City Guidelines, residential projects consisting of 100% affordable housing located in infill areas may be considered to have insignificant transportation impacts. Redevelopment Projects That Result in a Net Reduction of VMT. Under CEQA regulations, projects are deemed to have a less than significant impact if they result in a reduction in VMT transportation impacts for transportation projects, a project’s effect on automobile delay shall not constitute a significant environmental impact. For the purposes of the EIR, consistency with CEQA Section 15064.3, implementation of the project would result in a significant impact under CEQA if it would substantially interfere with achievement of the VMT reductions set forth in CARB’s 2017 Scoping Plan. 1. 2. 3. 4. 5. 6. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-11 measure. In this context, redevelopment projects in Carlsbad that generate less VMT compared to the existing project they replace would be considered to have a less than significant effect on VMT. A project that meets one or more of the screening criteria is presumed to have a less than significant VMT impact. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. As the project does not meet any of the above screening criteria, a VMT analysis is required as explained below. The screening test for small projects generating less than 110 trips per day must be applied to individual housing development projects rather than the project program as a whole. The screening criterion for local-serving retail or public facilities applies only to commercial and public facility uses and not to residential project types. The TPA screening test does not apply to the project program as a whole, but could be applied on a project-by-project basis. Additionally, as the project is not a redevelopment project or an affordable housing program, the affordable housing test does not apply. VMT Analysis Scenarios Based on the city's Guidelines, the evaluation of residential projects is conducted using the residential VMT per resident metric. This evaluation applies even in the case of redevelopment projects, such as the replacement of an office use with a residential project. When analyzing a residential land use, an efficiency metric is used as the basis of the analysis, which disregards the previous land use on the site. Consequently, no credit is given to the existing land use, as the focus is solely on assessing the efficiency of the new land use for the residents, without considering the efficiency of the prior land use. Residential VMT is defined as all resident’s automobile vehicle trips traced back to the residence of the trip-maker. This VMT includes the entire length of the trip or tour. This residential VMT is then divided by the number of residents to calculate residential VMT per resident. The calculations are done to include all trips, including trips that leave the travel model area (the SANDAG region). VMT for trips that leave the travel model area is adjusted to account for the part of the trip that occurs outside of the travel model area. To generate daily forecasts for vehicle miles traveled (VMT) in this project, Fehr & Peers relied on data from the SANDAG Activity-Based Model 2+ (ABM2+). On September 23, 2022, the SANDAG Board instructed their staff to exclude the "road user charge" from the 2021 Regional Plan and prepare a focused amendment to it. Please refer to Appendix E for more detail on the model versions. The analysis considered two model years: the base year of 2016 and the future year of 2035. The SANDAG modeling team provided a full set of SANDAG model files in 2022, which incorporated the latest updates as of December 2021. After carefully evaluating various model options along with their respective land use and policy assumptions, the No build DS41 scenario was used. The SANDAG no build scenario assumes that the infrastructure outlined in the 2019 Regional Transportation Plan has been implemented and does not factor in the SANDAG 2021 Road User Charge (as it is not reasonably foreseeable and requires additional political considerations). Thus, this particular option aligns closely with the city's General Plan and excludes the road user charge policy. By selecting this option, the analysis incorporates realistic land use assumptions while considering reasonably foreseeable regional transportation City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-12 network investments and policies. Ultimately, this approach yields the reasonably foreseeable results in terms of VMT. Fehr & Peers then ran the model for various land use scenarios to determine the VMT per resident for 2035. The 2035 VMT per resident is compared to the base year model VMT per resident to assess impacts. Fehr & Peers analyzed four distinct scenarios, each serving a unique purpose. These scenarios include: Base Year 2016 No Project Condition (i.e., land use assumptions based on off-the-shelf SANDAG Model specific land use may not be consistent with the 2015 General Plan.) Year 2035 Alternative 1 (No Project Alternative as outlined in Section 6.0, Alternatives (i.e., continuation of conditions adopted under the 2015 General Plan) Year 2035 Proposed Project (i.e., implementation of the project) Year 2035 with Project Alternative 2 (i.e., reduced sites under the project as further detailed and discussed under Alternative 2 in Section 6.0, Alternatives). The first scenario, known as the Base Year 2016 No Project Condition, remains unchanged from the original SANDAG off-the-shelf base year model with no modifications. The only base year available for the SANDAG ABM2+ model is 2016. The second scenario, the Year 2035 No Project Condition scenario (also called Alternative 1 in section 6.0, Alternatives of this SEIR), integrates the land use data from the SANDAG 2035 model. However, it has been adjusted to align with the city's currently adopted General Plan, which was thoroughly analyzed in the 2015 General Plan EIR. This adjustment was crucial to ensure that the analysis could incorporate the most reasonable and reliable land use assumptions available consistent with the city’s General Plan. The third and fourth scenarios, Year 2035 Proposed Project and Year 2035 with Project Alternative 2, respectively, both feature the project land use assumptions based on each scenario. Note that the third scenario is the project itself, while the fourth scenario is discussed in detail in Section 6, Alternatives. b. Prior Environmental Analysis The 2015 General Plan EIR determined that transportation impacts related to LOS would be significant and unavoidable. Since LOS is no longer a metric under CEQA, this SEIR does not include a comparison to the significant and unavoidable finding in the 2015 EIR. Impacts to pedestrian, bicycle, and transit facilities, air traffic safety, hazards or incompatible uses, and emergency access would be less than significant (Section 3.13, Transportation: 3.13-25 through 3.13-37). Air traffic safety is no longer addressed under Transportation under CEQA, and is discussed in Section 4.7, Hazards and Hazardous Materials, of this SEIR. It further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for transportation impacts. The proposed project involves land use changes to allow additional development on 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to transportation. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s 1. 2. 3. 4. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-13 planning documents, in and of themselves would not result in physical changes to the environment such that impacts to transportation would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Impact T-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT WOULD NOT RESULT IN ADDITIONAL CONFLICTS WITH PROGRAMS AND PLANS RELATED TO THE CIRCULATION SYSTEM, RELATIVE TO THE 2015 GENERAL PLAN. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Roadway Facilities The project does not include proposed modifications to roadway facilities in the city. However, the project would amend the city’s Land Use Map to accommodate higher density residential developments on 18 rezone sites. This increased density could cause existing and future local and regional traffic to circulate differently. The expected influence on existing and future traffic would be minimal because any roadway modifications included as a part of the new residential developments facilitated by the project would need to conform to State and local standards. Additionally, interruption of regular functioning of roadway facilities due to construction would be temporary in nature and not cause conflicts. Overall, growth associated with the project would not conflict with existing or planned roadway facilities, because the proposed changes do not specifically propose any reduction in roadway vehicle lanes. Unlike the 2015 General Plan EIR, which found significant and unavoidable conflicts with roadway facilities in relation to the LOS metric, the SEIR does not consider LOS pursuant to SB 743 (codified in Public Resources Code Section 21099(b)(2), which states that level of service or similar measures of vehicle capacity or traffic congestion are not considered significant impacts on the environment). Therefore, policies related to LOS are not considered in this analysis; the project would not conflict with programs and plans related to the roadway network and impacts associated with the project would be less than significant. Transit, Bicycle, and Pedestrian Facilities Development under the project would not obstruct existing transit, bicycle, or pedestrian services or facilities, nor would it conflict with existing or planned facilities. All new development would be subject to city discretionary review, allowing the city to ensure that project designs would not interfere with transit operations or bicycle and pedestrian infrastructure. Buildout would increase the number of potential transit, bicycle, and pedestrian users on the various transit, bicycle, and pedestrian systems serving the city. Increased users would result in a correlated increase in demand for transit and bicycle and pedestrian infrastructure. Additionally, roadway traffic congestion caused from population growth in the city facilitated by the project could affect transit corridors by increasing travel times and decreasing headway reliability for transit vehicles. However, like development under the 2015 General Plan EIR, any roadway modifications included as a part of the new residential developments facilitated by the project would need to conform to State and local standards. Policies 3-P.1 through 3-P.5, 3-P.8, 3-P.16, 3-P.17, 3-P.19, 3-P.20, 3-P.22, 3-P.24 through 3-P.30, and 3-P.32 through 3-P.37 from the 2015 General Plan would reduce impacts to transit facilities and bicycle and pedestrian infrastructure by discouraging use of single occupancy vehicles City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-14 and supporting multi-modal transportation, similar to the 2015 General Plan EIR. Therefore, the project would not introduce a new impact relative to the 2015 General Plan EIR and impacts would remain less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. Threshold 2: Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Impact T-2 DEVELOPMENT FACILITATED BY THE PROPOSED PROJECT HAS THE POTENTIAL TO INTERFERE WITH ACHIEVEMENT OF THE VMT REDUCTIONS SET FORTH IN CITY OF CARLSBAD VMT ANALYSIS GUIDELINES. THIS IMPACT WOULD BE SIGNIFICANT AND UNAVOIDABLE. As described above, residential projects are evaluated based on the residential VMT per resident VMT metric consistent with the methodology in the City of Carlsbad VMT Analysis Guideline. The SANDAG Model assumptions were adjusted to reflect the relevant housing unit numbers according to the city’s adopted General Plan and the project for 2035 conditions, and the resulting VMT metrics are reported. Table 4.13-1 presents the VMT per resident for the entire city. Figure 4.13-1 depicts the Traffic Analysis Zones (TAZs) that contain rezone sites. Table 4.13-1 Citywide Average Project Generated VMT per Resident Model Scenario City of Carlsbad VMT/Resident 2016 Base Year 24.0 Year 2035 Alternative 1 (No Project)1 24.0 2035 with Proposed Project 23.6 Impact Assessment Residential VMT per Resident Threshold2 20.4 Impact Conclusion for Project (Scenario 1) Significant Impact Source: SANDAG; Fehr & Peers, 2023 Note: 1 The off-the-shelf 2035 model was adjusted according to the adopted Housing Element land use assumptions. 2 85% of city-wide VMT per resident average in base year 2016. While VMT rates would decrease with the project compared to the No Project condition, reflecting the benefits that increased density of residential land uses have on reducing VMT per capita, Carlsbad’s VMT per resident would continue to exceed the VMT per resident threshold. The transportation impact analysis indicates that the project would result in a significant impact to VMT. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-15 Figure 4.13-1 Project TAZ Containing Rezone Sites .. -• _ .. -·-'1 • i-,'1 -~ ·"" , ... \, v,11' ""' .. I I . .. ;;; --=j •. • I • I .... i '-·-· I '· I I 0 2 Miles Projet:I TAZ Sourc;;;; S/1.NDAG r •-. • _ .~ Gtyal'Cilr~ City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-16 In addition to the city-wide average VMT per resident, residential VMT per resident for each housing development site was determined. Specifically, the VMT for the TAZ containing a housing site was used to determine the individual housing site’s VMT per Resident. Each housing site’s VMT per resident is compared against significance thresholds to determine whether the housing site individually would have a significant impact and to determine the appropriate type of mitigation. As these rezone sites have diverse land use and travel characteristics resulting in significantly different VMT characteristics, they are compared against thresholds individually. The individual project TAZs VMT per resident are shown in Table 4.13-2. Table 4.13-2 VMT per Resident for Project TAZs TAZ Housing Site Number(s) 2035 with Project VMT/Resident Percent of City Average Percent Difference from City Average 709 1 and 2 20.2 86% -14% 793 14 15.3 65% -35% 815 3 21.4 90% -10% 841 15 17.1 72% -28% 916 4 21.7 92% -8% 969 7 24.0 102% +2% 1002 6 20.7 88% -12% 10491 5 25.1 106% +6% 1068 10 22.7 96% -4% 1097 12 24.1 102% +2% 1105 11 24.1 102% +2% 1161 9 24.8 105% +5% 1182 16 21.1 89% -11% 1188 8 19.6 83% -17% 1276 17 23.3 99% -1% 1345 18 21.7 92% -8% 14341 19 23.7 100% 0% Source: SANDAG; Fehr & Peers, 2023 Note: 1 TAZs with minimal development (<300 Residents) or no data available defaults to Census Tract value. As shown, the individual sites have VMT per residential values that range from 15.3 to 25.1 VMT per resident. Areas where residential land uses generate lower levels of VMT generally have a higher density of residential development; a mix of land uses so that residents need to travel shorter distances to visit shops, essential businesses, and places of employment; have good proximity to high-quality transit; and have more affordable housing options, so that lower-income families can live in close proximity to job centers. This assessment is helpful to determine the types of VMT mitigation measures that would be applicable at various development sites. As stated above, overall, the project has a significant VMT impact. Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-17 Mitigation Measure The following mitigation measure is required: Mitigation Measure T-1 Achieve VMT Reductions for Development Projects During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall review each project compared to the City of Carlsbad VMT Analysis Guidelines screening criteria to determine if the submitted project is eligible to be screened out of conducting project-level VMT analysis. If a project meets one or more of the screening criteria, the project is determined to have a less than significant impact to VMT in accordance with the city’s VMT Analysis Guidelines. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. If it is determined that the project would have a significant impact on VMT (i.e., it does not result in at least a 15 percent reduction in VMT compared to existing conditions), the city shall require the project to implement project-level VMT reduction measures, as noted below, prior to project approval and issuance of construction permits. Transportation Demand Management (TDM) measures and physical measures to reduce VMT are outlined in the city’s VMT Analysis Guidelines and have been identified as potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The CAPCOA Handbook provides detailed requirements, calculation steps, and limitations for assessing the VMT reduction effectiveness of each measure, including reductions from combinations of measures. Trip reduction strategies may include, but are not limited to, the following: Provision of bus stop improvements or on-site mobility hubs Pedestrian improvements, on-site or off-site, to connect to nearby transit stops, services, schools, shops, etc. Bicycle programs including bike purchase incentives, storage, maintenance programs, and on- site education program Enhancements to the citywide bicycle network Parking reductions and/or fees set at levels sufficient to incentivize transit, active transportation, or shared modes Cash allowances, passes, or other public transit subsidies and purchase incentives Providing enhanced, frequent bus service Implementation of shuttle service Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT generated by residents include increasing the mix of uses by adding retail or services within a site or within convenient walking distance.2 Although it is unlikely that TDM measures will fully mitigate the impact of the program to a less-than-significant level, CEQA mandates the implementation of feasible mitigation measures to reduce a project or program's level of impact. In this context, Fehr & Peers identified a list of recommended TDM measures from Appendix E of the city's VMT Analysis Guidelines to mitigate the project VMT impact to the extent feasible, as 2 American Planning Association PAS Memo, 2013. “Getting Trip Generation Right: Eliminating the Bias Against Mixed Use Development” by Jerry Walters, Brian Bochner, and Reid Ewing, May. 1. 2. 3. 4. 5. 6. 7. 8. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-18 presented in Table 4.13-3. The summary provides an estimate of the effectiveness of these measures and specifies which ones are applicable to areas that have adjacent or near transit. Table 4.13-3 TDM Measures for Rezone Sites in Carlsbad Measures Maximum Percent Reduction in VMT1 Applicable to Sites Adjacent to or Near Transit Implement Commute Trip Reduction Marketing 4% - Implement Subsidized or Discounted Transit Program 5.50% Yes Provide Ridesharing Program 8% - Integrate Affordable and Below Market Rate Housing (Construct the affordable housing at the city’s requirement, no payment of in lieu fees) Approx. 4% if meeting city’s requirement. 28.60% if 100% affordable - Provide Bike Parking Not Quantified - Improve Transit Access, Safety, and Comfort Not Quantified Yes Provide Bike Parking Near Transit Not Quantified Yes Orient Project Toward Non-Auto Corridor Not Quantified Yes Source: City of Carlsbad Vehicle Miles Traveled (VMT) Analysis Guidelines, 2022; Fehr & Peers, 2023 Individual rezone sites (if their location based on the TAZ exceeds the city’s VMT threshold) should include all feasible mitigation measures from Table 4.13-3. Projects that are within a half mile of a transit stop should incorporate the measures that are applicable to encouraging transit. Significance After Mitigation Because the uncertainty relating to the feasibility of on-site TDM measures and the implementation process for individual development projects in diverse project settings, the timing that it will take to implement those measures, and the lack of an off-site mitigation option, the effectiveness of reducing an individual project’s VMT impact to a less than significant level cannot be determined as part of this SEIR. As a result, this impact is identified conservatively as significant and unavoidable with mitigation given the possibility that some projects may not be able to identify and implement measures to reduce the VMT impact to a less-than-significant level. Threshold 3: Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Impact T-3 SIMILAR TO DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT FACILITATED BY THE PROJECT WOULD NOT SUBSTANTIALLY INCREASE HAZARDS DUE TO GEOMETRIC DESIGN FEATURES (E.G., SHARE CURVES OR DANGEROUS INTERSECTIONS) OR INCOMPATIBLE USES (E.G., FARM EQUIPMENT). THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Development facilitated by the project would increase the number of users on the city’s transportation system, which could increase transportation circulation design safety hazards Environmental Impact Analysis Transportation Supplemental Environmental Impact Report 4.13-19 associated with future projects in Carlsbad. Primary operational vehicular access to and through the General Plan area would be provided by existing signalized intersections and highways. Improvements to the transportation and circulation system in the city would be implemented over time through buildout year of 2035. Carlsbad maintains improvement standards that guide the construction of new transportation facilities to minimize design hazards for all users of the system. Through the environmental review process, land use proposals that would add traffic to streets not designed to current standards are evaluated consistent with Carlsbad standard processes and the Caltrans recommended guidance, LDIGR Safety Review Practitioners Guide. If needed, mitigation measures are identified therein, and the project is conditioned to construct or provide funding for an improvement that would minimize or eliminate the hazard. Typical improvements Include shoulder widening, adding turn pockets, adding sidewalks or crosswalks, realigning sharp curves, prohibiting certain turning movements, signalizing intersections, and increasing sight distance, among other measures. New and upgraded roadways needed to accommodate new development would be designed according to applicable Federal, State, and local design standards. Additionally, as found in the 2015 General Plan EIR, policies 3-P.10, 3-P.12, 3-P.13, and 3-P.16 would reduce impacts related to safety. Therefore, the project would not introduce a new impact relative to the 2015 General Plan EIR and impacts would remain less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. Threshold 4: Would the project result in inadequate emergency access? Impact T-4 SIMILAR TO DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT BY THE PROJECT WOULD NOT RESULT IN INADEQUATE EMERGENCY ACCESS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. In the short-term, implementation of the project would have the potential to affect emergency access during construction of individual projects facilitated by the project. Carlsbad or project applicants would coordinate with the emergency service providers to ensure that emergency routes remain available. In the long-term, development facilitated by the project would be required to provide adequate accommodation of fire access to structure frontages, multiple access points to development, as well as adequate width, height, and turning radius of roadways and access points, pursuant to California Building Code and California Fire Code requirements. Development facilitated by the project would be required to comply with city and San Diego County standards and requirements and would undergo review by public safety officials as part of the approval process. Additionally, as found in the 2015 General Plan EIR, policies 3-P.12, 3-P.29, 3-P.30, and 3-P.33 would reduce impacts related to emergency access. Therefore, the project would not introduce a new impact relative to the 2015 General Plan EIR and impacts would remain less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 EIR, impacts would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.13-20 d. Cumulative Impacts Compatibility with Programs, Plans, Ordinances, and Policies Related to Circulation Cumulative plans and projects, including the project, would be required to comply with local regulations and policies. The plans’ incremental contribution to cumulative impacts would be less than significant. Vehicle Miles Traveled Because the analysis for the project is based on VMT per resident, the significant VMT impact finding implies that the project would also have a cumulatively considerable contribution to a significant cumulative impact. Since project-level significance thresholds were designed to support long-term environmental goals, they inherently also address potential cumulative VMT impacts. As such, VMT would be cumulatively considerable. Therefore, the cumulative impact related to VMT would be significant and unavoidable. Roadway Safety and Emergency Vehicle Access Roadways constructed as a result of implementation of the project, in conjunction with other cumulative plans and projects, would be constructed to meet current design standards in respective cities. Modifications to public rights-of-way would be consistent with appropriate regulations and design standards set forth by the respective city’s applicable plans, programs, and policies. Similarly, cumulative development would also be required to comply with the respective city’s regulations and policies. Trucks necessary to construct cumulative development would utilize truck routes designated by the respective cities and would not conflict with the automobile traffic and bicycle and pedestrian activity along respective city streets. If cumulative development would redesign city streets in such a way that would significantly impact roadway safety, they would be required by the respective city to mitigate such impacts. Nevertheless, Carlsbad’s contribution to potential cumulative roadway safety impacts would not be cumulatively considerable. In addition, driveways and emergency vehicle access points associated with cumulative development would be constructed in compliance with the California Fire Code and other applicable regulations related to roadway safety and emergency access. Therefore, cumulative impacts related to roadway safety and emergency vehicle access would be less than significant. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-1 4.14 Utilities and Service Systems This section addresses impacts related to utilities and service systems. It considers potential impacts with respect to water supply and infrastructure, wastewater conveyance and treatment facilities, stormwater and drainage facilities, solid waste disposal, and electricity, natural gas, and telecommunications facilities. The assessment of impacts is based on review of site information and conditions; analysis provided in the 2020 Urban Water Management Plan (UWMP), Recycled Water Master Plan, Sewer Master Plan, Water Master Plan, and Drainage Master Plan; and city information regarding utility-related issues, including water supply and facilities, wastewater facilities, storm drainage, electric power, natural gas, telecommunications facilities, and solid waste. 4.14.1 Setting The following section describes the existing setting with respect to water suppliers, wastewater treatment providers, stormwater drainage facilities, electricity and natural gas providers, telecommunications facilities, and solid waste facilities serving the project site. a. Water Sources, Supply, Demand, and Distribution Water Sources San Diego County imports approximately 90 percent of its water from Northern California and the Colorado River. This water is imported to San Diego County by the San Diego County Water Authority (SDCWA) and the Metropolitan Water District (MWD) of Southern California. SDCWA was formed in 1944 and became a member of MWD in 1946 to obtain Colorado River water for San Diego County. SDCWA currently has 24 member agencies, which include six cities, five water districts, three irrigation districts, eight municipal water districts, one public utility district, and one federal agency (a military base). Its service area encompasses approximately 1,438 square miles and a population of approximately three million people. SDCWA receives 90 percent of its imported water from the MWD. SDCWA is MWD’s largest member agency, purchasing up to 30 percent of MWD’s supplies annually (SDCWA 2017). SDCWA member agencies in the vicinity of Carlsbad include the Carlsbad Municipal Water District (CMWD), Vallecitos Water District (VWD), and Olivenhain Municipal Water District (OMWD)—all three of which provide water service to the City of Carlsbad. The city uses imported water, recycled water, and seawater desalination (CMWD 2021). Water Supply and Demand Carlsbad Municipal Water District In 2020, the CMWD supplied approximately 17,693 acre‐feet (AF) of water purchased from SDCWA, desalinated water, and recycled water (CMWD 2021). The residential sector accounts for an average of 54 percent of total water use (44 percent for single-family residences and 10 percent for multi- family residences), while the commercial, landscape, and other sectors account for the remaining 46 percent of use (CMWD 2021). The CMWD projects in its 2020 Urban Water Management Plan (UWMP) that annual water demand for the service area will be 21,737 acre-feet per year (AFY) in 2040 under normal year conditions, which includes potable and recycled water (CMWD 2021). Table 4.14-1 through Table 4.14-3 show forecast water supplies under normal, single dry year, and multiple dry year conditions. The CMWD City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-2 projects that, under non-drought conditions, water supplies will increase to 22,263 AFY by 2045 (see Table 4.14-1). The minimum available annual water supply for a scenario involving multiple dry years is estimated at 23,901 AF in 2045, as shown in Table 4.14-3 (CMWD 2021). The CMWD planned supply accommodates the projected demand for the service area under both normal, single year, and multiple year drought conditions. Table 4.14-1 CMWD Normal Year Supply and Demand Comparison (AFY) Sources 2025 2030 2035 2040 2045 SDCWA Purchases 13,802 14,155 14,586 15,019 15,545 Seawater Desalination 2,500 2,500 2,500 2,500 2,500 Normal Year Potable Supply 16,302 16,655 17,086 17,519 18,045 Recycled Water 4,218 4,218 4,218 4,218 4,218 Total Existing Supplies 20,520 20,873 21,304 21,737 22,263 Demand 20,520 20,873 21,304 21,737 22,263 Total Surplus 0 0 0 0 0 Source: CMWD 2021 Table 4.14-2 CMWD Single Dry Year Supply and Demand Comparison (AFY) Sources 2025 2030 2035 2040 2045 Supplies 21,929 22,307 22,767 23,230 23,792 Demand 21,929 22,307 22,767 23,230 23,792 Total Surplus 0 0 0 0 0 Source: CMWD 2021 Table 4.14-3 CMWD Multiple Dry Year Supply and Demand Comparison (AFY) Sources 2025 2030 2035 2040 2045 First Year Supplies 22,030 22,409 22,871 23,336 23,901 Demand 22,030 22,409 22,871 23,336 23,901 Total Surplus 0 0 0 0 0 Second Year Supplies 22,108 22,489 22,953 23,420 23,986 Demand 22,108 22,489 22,953 23,420 23,986 Total Surplus 0 0 0 0 0 Third Year Supplies 22,189 22,570 23,036 23,505 24,073 Demand 22,189 22,570 23,036 23,505 24,073 Total Surplus 0 0 0 0 0 Fourth Year Supplies 22,270 22,653 23,121 23,591 24,162 Demand 22,270 22,653 23,121 23,591 24,162 Total Surplus 0 0 0 0 0 Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-3 Sources 2025 2030 2035 2040 2045 Fifth Year Supplies 22,344 22,728 23,198 23,669 24,242 Demand 22,344 22,728 23,198 23,669 24,242 Total Surplus 0 0 0 0 0 Source: CMWD 2021 CMWD covers an area of 20,682 acres (approximately 32 square miles) and provides potable and recycled water supply to most of the City of Carlsbad. The existing distribution system consists of 455 miles of pipeline and 73 major pressure regulating stations, three pump stations, and nine reservoirs. The CMWD water distribution system supplies recycled water from two supply sources, which include 95 miles of pipeline, six pressure zones, three storage tanks, four pumping stations, and five pressure regulating stations (CMWD 2021). Vallecitos Water District VWD is responsible for supplying water, wastewater collection, and recycled water service to a 45- square mile area within northern San Diego County that includes the City of San Marcos, parts of the cities of Vista, Carlsbad, Escondido, and unincorporated areas within the County of San Diego. In 2020, the VWD supplied approximately 4,835 acre-feet (AF) of water purchased from SDCWA, desalinated water, and recycled water (VWD 2021). The residential sector accounts for an average of 60 percent of total water use (44 percent for single-family residences and 15 percent for multi- family residences), while the commercial, landscape, losses and other sectors account for the remaining 40 percent of use (VWD 2021). The VWD projects in its 2020 UWMP that annual water demand for the service area will be 8,055 acre-feet per year (AFY) in 2045 under normal year conditions, which includes potable and recycled water (VWD 2021). The VWD projects that, under non-drought conditions, water supplies will increase to 8,072 AFY by 2045 (VWD 2021). The VWD planned supply accommodates the projected demand for the service area under both normal, single year, and multiple year drought conditions. Olivenhain Municipal Water District Site 19 is located outside of CMWD and VWD service areas. Water to Site 19 would be supplied by OMWD. OMWD provides potable water, wastewater services, recycled water, hydroelectricity, and park services and is headquartered in Encinitas, San Diego County. In 2020, the OMWD supplied approximately 19,582 acre-feet (AF) of water purchased from SDCWA, and recycled water (OMWD 2021). The residential sector accounts for an average of 80 percent of total water use (76 percent for single-family residences and 4 percent for multi-family residences), while the commercial, landscape, and other sectors account for the remaining 20 percent of use (OMWD 2021). The OMWD projects in its 2020 UWMP that annual water demand for the service area will be 19,165 acre-feet per year (AFY) in 2040 under normal year conditions, which includes potable and recycled water (OMWD 2021). The OMWD projects that, water supply will meet the water demand through 2040 (OMWD 2021). The OMWD planned supply accommodates the projected demand for the service area under both normal, single year, and multiple year drought conditions. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-4 b. Wastewater The city’s Wastewater Division is responsible for managing the city’s wastewater collection system. The system consists of approximately 288 miles of sewer pipes. The city’s local sewer collection system is delivered to Encina Wastewater Authority, who is responsible for wastewater treatment and discharge in Carlsbad. In addition, Leucadia Wastewater District or Vallecitos Water District provide wastewater collection services in some areas within the southern portion of Carlsbad (City of Carlsbad 2023a). The wastewater is treated and either released into the ocean or treated further and used as recycled water. Encina Wastewater Authority provides a current design treatment capacity of 40.5 mgd of wastewater. The facility has an average daily flow of 23 mgd. Treated effluent is discharged to the Pacific Ocean or reused (Encina Wastewater Authority 2021). c. Stormwater Drainage Stormwater discharges consist of surface water runoff generated from various land uses. The quality of these discharges varies and is affected by geology, land use, season, hydrology, and sequence and duration of hydrologic events. Stormwater is generally directed to a series of public street catch basins and drainage area catch basins located throughout Carlsbad. Water flow in the catch basins is correlated with stormwater runoff and generally limited to periods during and following precipitation events. Public street catch basins and drainage area catch basins within Carlsbad are maintained by the Storm Drain Maintenance Department (City of Carlsbad 2023b). Stormwater ultimately runs off to downstream wetlands, creeks, and eventually the Pacific Ocean. d. Electric Power Electric Power Supply State In 2021, California’s in-state electricity generation totaled 277,764 gigawatt-hours (California Energy Commission [CEC] 2023a). Primary fuel sources for the state’s electricity generation in 2021 included natural gas, hydroelectric, solar photovoltaic, wind, nuclear, geothermal, biomass, and solar thermal. According to the 2020 Integrated Energy Policy Report, California’s electric grid relies increasingly on clean sources of energy such as solar, wind, geothermal, hydroelectricity, and biomass. In addition, by 2025 the use of electricity sourced from out-of-state coal generation will be eliminated. As this transition advances, the grid is also expanding to serve additional loads produced by building and vehicle electrification among other factors (EIA 2022). San Diego Gas and Electric Company San Diego Gas and Electric (SDG&E) provide electric power to Carlsbad. SDG&E’s service area spans San Diego County and Orange County. SDG&E serves approximately 3.7 million customers with approximately 1.5 million electric meters. SDG&E has a service area of approximately 4,100 square miles (SDG&E 2022a). Electric Power Demand As shown in Table 4.14-4, communitywide development in San Diego County (the smallest scale at which electricity consumption data is readily available) consumed approximately 19,765 gigawatt- hours in 2021, which was approximately seven percent of statewide electricity consumption (CEC 2021a). In comparison, the population of San Diego County is approximately eight percent of Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-5 California’s population (California Department of Finance 2023). Therefore, per capita electricity consumption in San Diego County is lower than the statewide average. Table 4.14-4 2021 Electricity Consumption Energy Type San Diego County (GWh) San Diego Gas and Electric (GWh) California (GWh) Proportion of San Diego Gas and Electric Consumption1 Proportion of Statewide Consumption1 Electricity 19,765 17,560 277,764 >100% 7.1% GWH = gigawatt-hours 1 For reference, the population of San Diego County (3,269,755 persons) is approximately 8.4 percent of the population of California (39,078,674 persons) (California Department of Finance 2023). Source: CEC 2021a e. Natural Gas Natural Gas Supply State California’s natural gas consumption for 2021 was approximately 11.9 billion British thermal units (Btu; CEC 2021b). The state relies on out-of-state natural gas imports for nearly 90 percent of its supply (CEC 2023b). The CEC estimates that approximately 45 percent of the natural gas burned across the state is used for electricity generation, and the remainder is consumed in the residential (21 percent), industrial (25 percent), and commercial (9 percent) sectors (CEC 2023b). San Diego Gas and Electric Company SDG&E also provides natural gas to Carlsbad. SDG&E has approximately 900,000 natural gas meters. Natural Gas Demand As shown in Table 4.14-5, communitywide development in San Diego County (the smallest scale at which gas consumption data is readily available) consumed approximately 523 million US therms in 2021, which was 100 percent of natural gas consumption by SDG&E customers (CEC 2021b). The majority of natural gas uses are for residential and commercial purposes. Currently, California imports 87 percent of natural gas needs from out of state, while in-state natural gas production is decreasing. Table 4.14-5 2021 Natural Gas Consumption Energy Type San Diego County (millions of US therms) San Diego Gas and Electric (millions of US therms) California (billions of US therms) Proportion of San Diego Gas and Electric Consumption1 Natural Gas 523 523 11.9 100% 1 For reference, the population of San Diego County (3,269,755 persons) is approximately 8.4 percent of the population of California (39,078,674 persons) (California Department of Finance 2023). Source: CEC 2021b City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-6 f. Telecommunications In California, approximately 98 percent of households have access to telecommunication infrastructure, including telephone and cable access (California Cable & Telecommunications Association 2021). Numerous private local, wireless, and cellular phone service providers serve the city. g. Solid Waste Collection and Disposal Republic Services provides solid collection and disposal services in Carlsbad. Most solid waste in Carlsbad is transported to the Republic Services Palomar Transfer Station. The transfer station is located at 5960 El Camino Real in the City of Carlsbad. The transfer station accepts construction/demolition, industrial, mixed municipal, and green material waste from the surrounding cities (California Department of Resources Recycling and Recovery [CalRecycle] 2019a). Carlsbad diverts approximately 61 percent of the solid waste generated within its jurisdiction from landfills through recycling and composting. Solid waste that is not diverted from Carlsbad is hauled to two landfills in San Diego County. The majority (approximately 98 percent) of the solid waste is sent to the Otay Landfill. The other 2 percent is sent to Sycamore Landfill. According to its Solid Waste Facility Permit, the total capacity of the Palomar Transfer Station is 2,733 tons per day, and the maximum permitted daily throughput is 2,250 tons. In addition, the Otay Landfill has a permitted daily capacity of 6,700 tons but is receiving approximately 5,000 tons daily. The Otay Landfill had a remaining capacity of 21 million cubic yards as of May 2016. Based on the remaining capacity and disposal rates, the Otay Landfill is expected to close in 2030 (CalRecycle 2019b). The Sycamore Landfill has a maximum permitted daily throughput of 5,000 tons. The Sycamore Landfill had a remaining capacity of 113 million cubic yards as of 2016. Based on the remaining capacity and disposal rates, the Sycamore Landfill is expected to close in 2042 (CalRecycle 2019c). The city promotes solid waste reduction through numerous diversion programs aimed at reducing the amount of solid waste going to landfills. These programs include residential and commercial site pickup, business/government source reduction, greenwaste reduction, backyard and on-site composting/mulching, electronic disposal, recycling, economic incentives, and educational programs. 4.14.2 Regulatory Setting a. Water Federal Clean Water Act The Federal Clean Water Act, enacted by Congress in 1972 and amended several times since, is the primary federal law regulating water quality in the United States and forms the basis for several State and local laws throughout the country. The Clean Water Act establishes the basic structure for regulating discharges of pollutants into the waters of the United States. The Clean Water Act gave the United States Environmental Protection Agency (USEPA) the authority to implement federal pollution control programs, such as setting water quality standards for contaminants in surface water, establishing wastewater and effluent discharge limits for various industry contaminants in surface water, establishing wastewater and effluent discharge limits for various industry categories, Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-7 and imposing requirements for controlling nonpoint-source pollution. At the federal level, the Clean Water Act is administered by the USEPA and the United States Army Corp of Engineers (USACE). At the state and regional levels in California, the act is administered and enforced by the State Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCB). Safe Drinking Water Act The Safe Drinking Water Act (SDWA) regulates public water systems (PWSs) that supply drinking water (42 United States Code [U.S.C.] Section 300(f) et seq.; 40 Code of Federal Regulations [CFR] Section 141 et seq.). The principal objective of the federal SDWA is to ensure that water from the tap is potable (safe and satisfactory for drinking, cooking, and hygiene). The main components of the federal SDWA are to:  Ensure that water from the tap is potable  Prevent contamination of groundwater aquifers that are the main source of drinking water for a community  Regulate the discharge of wastes into underground injection wells pursuant to the Underground Injection Control program (see 40 CFR Section 144)  Regulate distribution systems State Senate Bill 610 Senate Bill 610 (SB 610) amended California Water Code to require detailed analysis of water supply availability for certain types of development projects. This law requires cities and counties to develop water supply assessments (WSA) when considering approval of applicable development projects in order to determine whether projected water supplies can meet the project’s anticipated water demand. Projects requiring the preparation of a WSA include the following:  Residential developments of more than 500 dwelling units  Shopping centers or business establishments employing more than 1,000 persons or having more than 500,000 square feet of floor space  Commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet of floor space  Hotels or motels with more than 500 rooms  Industrial, manufacturing, or processing plants, or industrial parks planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area  Mixed-use projects that include one or more of the projects listed above  Projects that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project A General Plan update is not subject to preparation of a Water Supply Assessment (WSA) because (1) it is not expressly listed as a project which is subject to a WSA under Water Code Section 10912; (2) General Plan law sets forth an alternative process for local governments to consult with water supply agencies during General Plan preparation (see Government Code Section 65352.5); and (3) the California Legislature envisioned the General Plan being considered during preparation of long- City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-8 term Urban Water Management Plan preparation, to serve as the first tier of land use and water supply planning coordination, prior to consideration of individual development projects. Furthermore, the County of San Bernardino Superior Court rules in Citizens for Responsible Equitable Environmental Development v. City of Chino (2011) that a “General Plan is not the type of actual development project identified in Water Code 10912 triggering the WSA requirement.” Therefore, the proposed project does not require preparation of a WSA pursuant to SB 610. Nevertheless, water supply availability is assessed under Impact UTIL-2. Senate Bill 221 Whereas SB 610 requires a written assessment of water supply availability, SB 221 requires lead agencies to obtain an affirmative written verification of sufficient water supply prior to approval of certain specified subdivision projects. For this purpose, water suppliers may rely on an Urban Water Management Plan (UWMP) if the proposed project is accounted for within the UWMP, a WSA or other acceptable information that constitutes “substantial evidence.” “Sufficient water supply” is defined in SB 221 as the total water supplies available during normal, single-dry and multiple-dry water years within the 20-year (or greater) projection period that are available to meet the projected demand associated with the proposed project, in addition to existing and planned future uses. WSAs are required for residential projects of more than 500 units or a proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. Because the proposed project is not a subdivision project, it does not require affirmative written verification of sufficient water supply. Nevertheless, water supply availability is assessed under Impact UTIL-2. California Safe Drinking Water Act The California SDWA (Health & Safety Code Section 116270 et seq.; 22 Cal. Code Regs. Section 64400 et seq.) regulates drinking water more rigorously than the federal law. Like the federal SDWA, California requires that primary and secondary maximum contaminant levels (MCLs) be established for pollutants in drinking water; however, some California MCLs are more protective of health. The California SDWA also requires the SWRCB to issue domestic water supply permits to public water systems. The SWRCB enforces the federal and State SDWAs and regulates more than 7,500 PWSs across the state (implementation of the federal SDWA is delegated to the State of California.) The SWRCB Division of Drinking Water oversees the State’s comprehensive Drinking Water Program (DWP). The DWP is the agency authorized to issue PWS permits. Sustainable Groundwater Management Act In September 2014, the governor signed legislation requiring that California’s critical groundwater resources be sustainably managed by local agencies. The Sustainable Groundwater Management Act (SGMA) gives local agencies the power to sustainably manage groundwater and requires groundwater sustainability plans to be developed for medium- and high-priority groundwater basins, as defined by California Department of Water Resources (DWR). Pursuant to California Water Code Section 10933, prioritizations are assigned by DWR to each groundwater basin based on the overlying population, the current and projected rates of population growth, the number of public supply wells that draw from the basin, the total number of wells that draw from the basin, the irrigated acreage overlying the basin, the degree to which people overlying the basin rely on groundwater as their primary source of water, documented impacts on the groundwater within the Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-9 basin (e.g., overdraft, subsidence, saline intrusion, water quality degradation), and any other relevant information (e.g., adverse impacts to local habitat and streamflows). Carlsbad is located within the semi-arid San Diego region, which experiences a slow rate of groundwater recharge by rainfall. The Batiquitos Lagoon Valley Groundwater Basin underlies Carlsbad. The basin is bounded on the northeast by impermeable crystalline rocks, on the west by Batiquitos Lagoon, and otherwise by semipermeable rocks on the La Jolla Formation. Only high- and medium-priority groundwater basins are required by SGMA to form a groundwater sustainability agency and adopt a groundwater sustainability plan (or alternative). Low and very-low priority basins may adopt a groundwater sustainability plan (or alternative) but are not required to do so. California Building Standards Code The California Code of Regulations (CCR) Title 24 is referred to as the California Building Standards Code. It consists of a compilation of several distinct standards and codes related to building construction including plumbing, electrical, interior acoustics, energy efficiency, and handicap accessibility for persons with physical and sensory disabilities. The current iteration is the 2022 Title 24 standards. The California Building Standards Code’s water conservation standards are outlined below. Part 5 – California Plumbing Code The California Plumbing Code is codified in Title 24, California Code of Regulations, Part 5. The Plumbing Code contains regulations including, but not limited to, plumbing materials, fixtures, water heaters, water supply and distribution, ventilation, and drainage. More specifically, Part 5, Chapter 4, contains provisions requiring the installation of low flow fixtures and toilets. Existing development will also be required to reduce its wastewater generation by retrofitting existing structures with water efficient fixtures (SB 407 [2009] Civil Code Sections 1101.1 et seq.). Part 11 – California Green Building Standards The California Green Building Standards Code, referred to as CALGreen, was added to Title 24 as Part 11, first in 2009 as a voluntary code, which then became mandatory effective January 1, 2011 (as part of the 2010 California Building Standards Code). The 2022 CALGreen includes mandatory minimum environmental performance standards for all ground-up new construction of residential and non-residential structures. It also includes voluntary tiers (Tiers I and II) with stricter environmental performance standards for these same categories of residential and non-residential buildings. Local jurisdictions must enforce the minimum mandatory CALGreen standards and may adopt additional amendments for stricter requirements. With regard to water conservation and stormwater drainage, the mandatory standards include water conserving plumbing fixtures and fittings, compliance with the Model Water Efficient Landscape Ordinance (MWELO) for landscaping, and other indoor and outdoor water efficiency and conservation measures such as separate water submeters for subsystems and specific fixtures and fittings. The voluntary standards include stricter water conservation requirements for specific fixtures as well as 20 percent permeable paving for the Tier 1 standards and 30 percent permeable paving for the Tier II standards. Water Conservation in Landscaping Act The Water Conservation in Landscaping Act, enacted in 2006, required the DWR to update the MWELO. In 2009, the Office of Administrative Law approved the updated MWELO, which required a City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-10 retail water supplier or a county to adopt the provisions of the MWELO by January 1, 2010, or enact its own provisions equal to or more restrictive than the MWELO provisions. The MWELO is contained in Chapter 2.7 of the California Water Code. Water Conservation Act of 2009 (Senate Bill X7 7 (2009)) State law (SB-X7 7) mandates the reduction of per capita water use and agricultural water use in throughout the State by 20 percent by 2020. Executive Order B-40-17 On April 7, 2017, the governor issued Executive Order B-40-17, which lifts the drought emergency in California counties, except for Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects continue to address diminished groundwater supplies. The executive order retains a prohibition on wasteful practices and advances measures to make conservation a way of life (State of California 2017). These wasteful practices include:  Hosing off sidewalks, driveways and other hardscapes;  Washing automobiles with hoses not equipped with a shut-off nozzle;  Using non-recirculated water in a fountain or other decorative water feature;  Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and  Irrigating ornamental turf on public street medians Executive Order N-5-23 On March 24, 2023, the governor issued Executive Order N-5-23, which further rolls back numerous drought-related restrictions issued during the most recent drought in California. This order aims to:  End the voluntary 15% water conservation target, while continuing to encourage that Californians make conservation a way of life;  End the requirement that local water agencies implement level 2 of their drought contingency plans;  Maintain the ban on wasteful water uses, such as watering ornamental grass on commercial properties;  Preserve all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating;  Maintain orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought;  Retain a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue. Local City of Carlsbad Growth Management Plan (Proposition E) The city adopted the Growth Management Plan (GMP) in July 1986 to address the concerns of rapid growth and its impacts on quality of life, which was ratified by voter approval of Proposition E in November 1986. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-11 The GMP requires adequate public facilities be provided concurrent with new growth. To ensure this, the GMP identifies performance standards for 11 public facilities – city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the maximum number of dwelling units that can be constructed citywide to 54,599 units, spread out between the Northwest Quadrant (15,370 units), Northeast Quadrant (9,042 units), Southwest Quadrant (12,859 units), and Southeast Quadrant (17,328 units). Pursuant to Proposition E, the city cannot approve any General Plan amendment, zone change, subdivision map or other discretionary permit that could result in residential development that exceeds the dwelling unit limit in each quadrant. To increase the Proposition E dwelling unit limit in any city quadrant requires approval by Carlsbad voters (City of Carlsbad 2015). However, recent State housing laws have preempted the city’s ability to require compliance with the dwelling caps or to stop development due to noncompliance, as acknowledged in adopted City Council Resolution 2021-074 (City of Carlsbad 2023c). The city is currently developing a new approach to managing growth. The GMP standard for water distribution services states that line capacity to meet demand as determined by the appropriate water district must be provided concurrent with development. A minimum of 10-day average storage capacity must be provided prior to any development. Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists several policies related to water supply and infrastructure in its Sustainability Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): Policy 9-P.3 Develop and implement a water sub-metering ordinance for new multi-family rental and mixed-use buildings. Policy 9-P.4 Utilize irrigation and landscape design measures for the municipal golf course (Crossings at Carlsbad) that will result in decreased water consumption. Policy 9-P.5 Undertake measures to expand the use of recycled water for landscape irrigation and commercial and industrial process water. Encourage potential future customers identified in the latest Recycled Water Master Plan to retrofit their water systems to utilize recycled water as it becomes available and cost-effective to do so. Policy 9-P.6 Promote the use of on-site gray water and rainwater collection systems through education, expedited permitting review, fee exemptions and other measures. Policy 9-P.7 Investigate the feasibility of developing full-functioning groundwater and sub- groundwater systems in the San Luis Rey River Mission Groundwater Basin and Cannon Well Field within or near Rancho Carlsbad in order to reduce the city’s reliance on imported water. City of Carlsbad Climate Action Plan The City of Carlsbad Climate Action Plan (CAP) was adopted in September 2015 and amended in May 2020. The plan identified GHG emissions targets for the years 2020 and 2035; established a communitywide emissions inventory and forecasts; and included measures to reduce GHG City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-12 emissions in the areas of energy efficiency, renewable energy, transportation, and water conservation (City of Carlsbad 2020). Through implementation of the existing CAP, the city surpassed its 2020 GHG reduction targets established by AB 32. The following 2020 CAP goals and measures would be applicable to the proposed project (City of Carlsbad 2020): Measure N: Reduce GHG Intensity of Water Utilities Supply Conveyance, Treatment, and Distribution. Goal: Reduce the intensity of GHG emissions from water utilities (including water supply, wastewater, and recycle water) conveyance, treatment, and distribution by 8 percent by 2035. The city is currently in the process of updating the CAP to better align with updated state targets and further pursue the community’s goal of promoting a sustainable environment. The updated CAP will include revisions to current GHG reduction measures, evaluation of existing GHG reduction targets and forecasts, and expanded implementation monitoring procedures. Carlsbad Municipal Code Carlsbad Municipal Code (CMC) Chapter 18.50 requires implementation of water conservation measures specifically for landscaping. These measures include clustering landscaping areas to maximize the efficiency of irrigation systems, eliminating the watering of impervious surfaces by irrigation systems, and installation of recycled water systems for irrigation purposes when recycled water is or can be made feasible available. City of Carlsbad Landscape Manual The City of Carlsbad adopted its Landscape Manual in February 2016 which outlines policies and requirements for landscaping and provides guidance for the implementation of CMC Chapter 18.50, Water Efficient Landscape Ordinance. Policies within the Landscape Manual are related to sustainability, water conservation, planting, irrigation, streetscape, fire protection, and soil revegetation or erosion control (City of Carlsbad 2016). Carlsbad Municipal Water District The CMWD currently has water rules in effect, which include the following measures applicable to the project (City of Carlsbad 2023):  Irrigation is not allowed between the hours of 10 a.m. and 6 p.m. unless using a drip or micro- irrigation system  Keep all irrigation water on your property. Runoff from irrigation is prohibited by the Carlsbad Municipal Code.  Use recycled or non-drinking water for construction purposes when available. Carlsbad Potable Water Master Plan The Carlsbad Potable Water Master Plan was adopted on June 17, 2019, and provides a system evaluation and capacity assessment of the potable water system and recommends a capital improvement program to provide for continued reliable water service through buildout conditions, which are projected to occur by 2040 (CMWD 2019a). Water is supplied to the CMWD through four separate Water Authority treated water turnouts. Two of the turnouts, Water Authority Connections No. 6 and No. 2, are direct connections to the Water Authority Second Aqueduct. Connection No. 6 supplies only the CMWD, and Connection No. 2 Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-13 supplies the Vallecitos Water District (VWD) and the Olivenhain Municipal Water District (OMWD) in addition to the CMWD. Water supply to the CMWD from Water Authority Connection No. 2 is delivered through a VWD transmission main. Connections No. 3 and No. 4 to the aqueduct system are on the Water Authority owned and operated Tri-Agency Pipeline (TAP), which is also supplied from the Water Authority Second Aqueduct. The TAP also serves the City of Oceanside and the Vista Irrigation District (VID) (CMWD 2019b). CMWD has connection capacity to the Water Authority aqueduct system that significantly exceeds its average day demand and maximum day delivery rates. This surplus capacity also provides operational flexibility to accommodate peaking and may allow for one or more of the connections to be off-line. Connection No. 2 has a capacity of 10 mgd, and an existing daily maximum delivery of 3.8 mgd; Connection No. 3 has a capacity of 13 mgd, and an existing daily maximum delivery of 7 mgd; Connection No. 4 has a capacity of 10 mgd, and an existing daily maximum delivery of 6.1 mgd; and Connection No. 6 has a capacity of 18 mgd, and an existing daily maximum delivery of 8.1 mgd (CMWD 2019a). Using the baseline year of 2014, the existing water system demand for the Carlsbad Potable Water Master Plan is approximately 16,860 AFY or 15.1 mgd. The Plan forecasts an annual average demand of 20,700 AFY or 18.5 mgd by the year 2040. As discussed in the Plan, the CMWD is well positioned to respond to and manage interruptions and shortages of imported water supplies. CMWD is required to deliver the maximum day demand (1.6 times the average) to the water system, which was determined to be 33,100 AFY (29.6 mgd). The available water supply from the future SDCWA connections are estimated to be 53 mgd. The projected demand of 32.4 mgd is significantly less than the supply capacity. In summary, the SDCWA Connections provide sufficient rated capacity to meet the build out maximum day demands of CMWD, as the SDCWA connections only need to operate at 60 percent of rated capacity (CMWD 2019a). Carlsbad Recycled Water Master Plan Update The Carlsbad Recycled Water Master Plan Update was adopted on July 15, 2019, as an update to the 2012 Recycled Water Master Plan. The Recycled Water Master Plan Update provides a system evaluation and capacity assessment of the recycled water system and recommends a capital improvement program to provide for continued reliable recycled water service through buildout conditions, which are projected to occur by 2040 (CMWD2019a). Carlsbad’s service areas for recycled water do not coincide with the City’s municipal boundary. The potable and recycled water service areas are governed by the Carlsbad Municipal Water District (CMWD), a subsidiary district of the City of Carlsbad operating under the Municipal Water District Act of 1911. CMWD covers an area of 20,682 acres, approximately 32 square miles, and provides potable and recycled water supply to most of the City of Carlsbad. CMWD supplies potable water within its service area and currently receives 100 percent of its potable water supply from SDCWA. The potable water distribution system consists of 450 miles of pipeline, 71 pressure regulating stations, three pump stations, eight storage tanks, and one reservoir. CMWD supplies recycled water through two recycled water distribution systems, which include 77 miles of pipeline, six pressure zones, three storage tanks, three booster pumping stations, three supply sources with pumping stations, and five pressure regulating stations. Land uses within the service area are primarily residential with a mix of agricultural, light industrial and commercial (CMWD 2019a). CMWD receives recycled water from reclamation plants within the Encina Wastewater Authority (EWA) service area. CMWD receives recycled water from three reclamation plants: Carlsbad Water Recycling Facility (CWRF), Meadowlark Water Reclamation Facility (WRF), and Gafner Water Reclamation Plant (WRP). CWRF has a permitted capacity of 7 mgd, Meadowlark WRF has a permitted capacity of 5 mgd, and the Gafner WRP has a permitted capacity of 1 mgd, for a total City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-14 capacity of 13 mgd. Using the baseline year of 2014, the recycled water system demand for the Recycled Water Master Plan Update is approximately 4,650 AFY or 4.1 mgd. Assuming a peaking factor of 1.7 for maximum month, required WRF supplies would be approximately 7 mgd. CMWD is currently operating at about two-thirds capacity of their potential recycled water supplies. CMWD has sufficient available supply capacities, under its current agreements and assuming CMWD continues to purchase up to 3 mgd from VWD, to reliably meet existing and future demands of the recycled water system (CMWD 2019b). Carlsbad Sewer Master Plan Update The Carlsbad Sewer Master Plan Update was adopted on July 10, 2019 as an update to the 2012 Sewer Master Plan. The Sewer Master Plan Update provides a system evaluation and capacity assessment of the wastewater collection system and recommends a capital improvement/replacement program to provide for continued reliable wastewater service through buildout conditions, which are projected to occur by 2040 (City of Carlsbad 2019). Carlsbad currently operates and maintains approximately 265 miles of wastewater pipelines, including gravity flow collector pipelines, inverted siphons and City-owned interceptors. Wastewater generated within the Carlsbad sewer service area (CSSA) is treated at the Encina Water Pollution Control Facility (EWPCF). The EWPCF provides full secondary treatment, sludge handling, and disposal through a deep ocean outfall. The treatment levels meet current State and Federal requirements for secondary treatment. The EWPCF is owned and operated by the EWA, a joint powers authority made up of six northern San Diego County agencies, including the City of Carlsbad. The EWPCF has a treatment plant capacity of 40.5mgd (City of Carlsbad 2019). The Carlsbad Water Reclamation Facility (CWRF) is located adjacent to the EWPCF site. Secondary effluent from the EWPCF is conveyed to the CWRF where it undergoes additional treatment to produce up to 7 mgd of disinfected tertiary recycled water. CWRF was designed and constructed in 2005 to produce up to 4.0 mgd, and its capacity was expanded to 7 mgd in 2016. The goals of the expansion were to increase filtration reliability, enhance operational flexibility, and improve stored recycled water quality (City of Carlsbad 2019). As discussed in the Sewer Master Plan Update, the total buildout flow for the CSSA is projected to be 8.31 mgd which is approximately 33 percent higher than current flows. Four gravity mains were found to exceed capacity including Poinsettia Lane deficiencies, Harding Street deficiencies, Kelly Drive deficiencies, and Basswood Avenue deficiencies. All lift stations within the collection system satisfied the evaluation criteria of conveying peak wet weather flows with their firm capacity with the exception of the Poinsettia LS which experienced peak flows exceeding the station’s firm capacity, however there were no upstream spills, indicating that the upstream capacity was able to absorb the peak flows and convey wet weather flows without overflow. The Plan also found that the interagency interceptors had sufficient capacity to convey existing flows. Nonetheless, the CIP would result in system improvements to Carlsbad’s sewer system which would improve hydraulic capacity (City of Carlsbad 2019). Carlsbad Drainage Master Plan The Carlsbad Drainage Master Plan was adopted on July 3, 2008, and includes an assessment of existing PLDA facilities, identification of infrastructure deficiencies, and identification of additional PLDA facilities required to accommodate new stormwater runoff flows from future developments. The City is divided into four major watersheds: the Buena Vista Creek Watershed, the Agua Hedionda Creek Watershed, the Encinas Creek Watershed, and the Batiquitos Lagoon Watershed. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-15 Three of the listed watersheds become lagoons that support a variety of flora and fauna prior to discharging to the Pacific Ocean. The Encinas Creek watershed is the only one among the four listed watersheds that discharges directly to the Pacific Ocean. The City is made up of four basins: Basin A, Basin B, Basin C, and Basin D. Basin A encompasses all areas in the City that drain into the Pacific Ocean via the Buena Vista Creek and the Buena Vista Lagoon; the Buena Vista Creek originates northeast of the City of Vista; Basin B includes the area of the City that drains to Agua Hedionda Creek and Lagoon; Basin C encompasses the area of Carlsbad that drains into Encinas Creek; and Basin D includes the part of the City that drains to Batiquitos Lagoon and its tributaries (City of Carlsbad 2008). b. Wastewater Federal Clean Water Act The federal Clean Water Act is described above in Water. State Standards for wastewater treatment plant effluent are established using State and federal water quality regulations. After treatment, wastewater effluent is either disposed of or reused as recycled water. The RWQCBs set the specific requirements for community and individual wastewater treatment and disposal and reuse facilities through the issuance of Waste Discharge Requirements, required for wastewater treatment facilities under the California Water Code Section 13260. California Code of Regulations Title 22, Division 4, Chapter 3, Sections 60301 through 60355 are used to regulate recycled wastewater and are administered by the RWQCBs. Title 22 contains effluent requirements for four levels of wastewater treatment, from un-disinfected secondary recycled water to disinfected tertiary recycled water. Higher levels of treatment have higher effluent standards, allowing for a greater number of uses under Title 22, including irrigation of freeway landscaping, pasture for milk animals, parks and playgrounds, and vineyards and orchards for disinfected tertiary recycled water. Local City of Carlsbad Growth Management Plan (Proposition E) The GMP standard for wastewater treatment states that sewer plant capacity should be adequate for at least a five-year period. According to the FY 2021-22 GMP Report, the Encina Water Pollution Control Facility currently provides adequate capacity in excess of the performance standard. Carlsbad’s FY 2021-22 annual daily average dry weather sewer flow was 5.72 mgd, representing 56 percent of the city’s 10.26 mgd capacity rights (City of Carlsbad 2023c). Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists some policies related to wastewater in its Sustainability Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-16 Policy 9-P.5 Undertake measures to expand the use of recycled water for landscape irrigation and commercial and industrial process water. Encourage potential future customers identified in the latest Recycled Water Master Plan to retrofit their water systems to utilize recycled water as it becomes available and cost-effective to do so. Policy 9.P-6 Promote the use of on-site gray water and rainwater collection systems through education, expedited permitting review, fee exemptions and other measures. City of Carlsbad Climate Action Plan The following 2020 CAP goal and measure would be applicable to the proposed project (City of Carlsbad 2020): Measure N: Reduce GHG Intensity of Water Utilities Supply Conveyance, Treatment, and Distribution. Goal: Reduce the intensity of GHG emissions from water utilities (including water supply, wastewater, and recycle water) conveyance, treatment, and distribution by 8 percent by 2035. Carlsbad Municipal Code The City of Carlsbad’s public sewer system is regulated by Chapter 13 of the city’s Municipal Code entitled Sewers. Chapter 13 requires the use of public sewers where connections are available with required permits, prohibits unsanitary deposits and sewer overflow, and includes general prohibitions. c. Stormwater Drainage Regulations and policies pertaining to stormwater drainage are discussed in Section 4.8, Hydrology and Water Quality. d. Electric Power and Natural Gas Federal Energy Independence and Security Act of 2007 The Energy Independence and Security Act of 2007 set energy efficiency standards for lighting (specifically light bulbs) and appliances. Energy Star Program Energy Star is a voluntary labeling program introduced by the United States Environmental Protection Agency (U.S. EPA) to identify and promote energy-efficient products to reduce GHG emissions. The program applies to major household appliances, lighting, computers, and building components such as windows, doors, roofs, and heating and cooling systems. Under this program, appliances that meet specifications for maximum energy use established under the program are certified to display the Energy Star label. In 1996, the U.S. EPA joined with the Energy Department to expand the program, which now also includes certifying commercial and industrial buildings as well as homes. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-17 State California Energy Commission As the State’s primary energy policy and planning agency, the California Energy Commission (CEC) collaborates with State and federal agencies, utilities, and other stakeholders to develop and implement State energy policies. Since 1975, the CEC has been responsible for reducing the State’s electricity and natural gas demand, primarily by adopting new Building and Appliance Energy Efficiency Standards that have contributed to keeping California’s per capita electricity consumption relatively low. The CEC is also responsible for the certification and compliance of thermal power plants 50 megawatts and larger, including all project-related facilities in California (CEC 2021b). California Public Utilities Commission The California Public Utilities Commission (CPUC) regulates investor-owned electric and natural gas utilities operating in California. The energy work responsibilities of the CPUC are derived from the California State Constitution, specifically Article XII, Section 3 and other sections more generally, numerous State legislative enactments and various Federal statutory and administrative requirements. The CPUC regulates natural gas utility service for approximately 10.8 million customers that receive natural gas from SoCal Gas and other natural gas utilities across California (CPUC 2021a). Energy Action Plan In 2003, the CEC and CPUC set forth their energy policy vision in the Energy Action Plan. The CEC adopted an update to the Energy Action Plan in February 2008 (EAP II) that supplements the earlier Energy Action Plan and examines the state’s ongoing actions in the context of global climate change. The nine major action areas in the Energy Action Plan include energy efficiency, demand response, renewable energy, electricity adequacy/reliability/ infrastructure, electricity market structure, natural gas supply/demand/infrastructure, transportation fuels supply/demand/infrastructure, research/development/demonstration, and climate change (CPUC 2008b). Bioenergy Action Plan (Executive Order S-06-06) Executive Order (EO) S-06-06 establishes targets for the use and production of biofuels and biopower and directs state agencies to work together to advance biomass programs in California while providing environmental protection and mitigation. The EO S-06-06 calls for the state to meet a target for use of biomass electricity. The 2011 Bioenergy Action Plan identifies potential barriers and recommends actions to address them so the state can meet its clean energy, waste reduction, and climate protection goals. The 2012 Bioenergy Action Plan updates the 2011 Plan and provides a more detailed action plan to achieve the following goals:  Increase environmentally and economically sustainable energy production from organic waste  Encourage development of diverse bioenergy technologies that increase local electricity generation, combined heat and power facilities, renewable natural gas, and renewable liquid fuels for transportation and fuel cell applications  Create jobs and stimulate economic development, especially in rural regions of the state  Reduce fire danger, improve air and water quality, and reduce waste City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-18 Senate Bill 350 The Clean Energy and Pollution Reduction Act of 2015 (SB 350) requires a doubling of the energy efficiency savings in electricity and natural gas for retail customers through energy efficiency and conservation by December 31, 2030. 2022 Climate Change Scoping Plan The California Air Resources Board (CARB) 2022 Scoping Plan for Achieving Carbon Neutrality lays out a path to achieve targets for carbon neutrality and reduce anthropogenic greenhouse gas (GHG) emissions by 85 percent below 1990 levels no later than 2045, as directed by Assembly Bill 1279. The actions and outcomes in the plan will achieve: significant reductions in fossil fuel combustion by deploying clean technologies and fuels, further reductions in short-lived climate pollutants, support for sustainable development, increased action on natural and working lands to reduce emissions and sequester carbon, and the capture and storage of carbon (CARB 2022). California Renewable Portfolio Standard and Senate Bill 100 Approved by former Governor Brown on September 10, 2018, SB 100 accelerates the state’s Renewable Portfolio Standard program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. California Energy Efficiency Action Plan The CEC is responsible for preparing the California Energy Efficiency Action Plan, which covers issues, opportunities, and savings estimates related to energy efficiency in California’s building, industrial, and agricultural sectors. The 2019 California Energy Efficiency Action Plan focuses on three goals:  Doubling energy efficiency savings by 2030 (SB 350)  Removing and reducing barriers to energy efficiency in low-income and disadvantaged communities  Reducing GHG emissions from the building sector The plan offers several recommendations to advance these goals, including expanding funding sources for energy efficiency programs beyond ratepayer portfolios, improving energy efficiency data, integrating energy efficiency into long-term utility planning, enhancing the energy efficiency workforce, improving demand flexibility, and expanding building decarbonization (CEC 2019). California Building Standards Code The California Building Standards Code’s standards related to energy use are outlined below. PART 6 – BUILDING ENERGY EFFICIENCY STANDARDS/ENERGY CODE CCR Title 24, Part 6 is the Building Energy Efficiency Standards or California Energy Code. This code, originally enacted in 1978, establishes energy-efficiency standards for residential and non- residential buildings in order to reduce California’s energy demand. New construction and major renovations must demonstrate their compliance with the current Energy Code through submittal and approval of a Title 24 Compliance Report to the local building permit review authority and the Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-19 CEC. The 2022 Title 24 standards are the applicable building energy efficiency standards for the project because they became effective on January 1, 2023. PART 11 – CALIFORNIA GREEN BUILDING STANDARDS The California Green Building Standards Code, referred to as CALGreen, was added to Title 24 as Part 11, first in 2009 as a voluntary code, which then became mandatory effective January 1, 2011 (as part of the 2010 California Building Standards Code). The 2022 CALGreen includes mandatory minimum environmental performance standards for all ground-up new construction of residential and non-residential structures. It also includes voluntary tiers with stricter environmental performance standards for these same categories of residential and non-residential buildings. Local jurisdictions must enforce the minimum mandatory CALGreen standards and may adopt additional amendments for stricter requirements. The mandatory standards require:  20 percent reduction in indoor water use relative to specified baseline levels;1  Waste Reduction: ▫ Non-residential and multi-family dwellings with five or more units: Provide readily accessible areas identified for the depositing, storage and collection of nonhazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastic, organic waste, and metals; and/or ▫ Non-residential: Reuse and/or recycling of 100 percent of trees, stumps, rocks, and associated vegetation soils resulting from primary land clearing;  Inspections of energy systems to ensure optimal working efficiency;  Low-pollutant emitting exterior and interior finish materials such as paints, carpets, vinyl flooring, and particleboards;  Electric Vehicle (EV) Charging for New Construction:2 ▫ One- and two-family dwellings and town houses with attached private garages: Dedicated circuitry to facilitate installation of electric vehicle (EV) charging; ▫ Multi-family dwellings and hotels/motels with less than 20 units/rooms: Designation of at least 10 percent of the total number of parking spaces shall be EV capable and at least 25 percent of the total number of parking spaces shall be EV-ready; ▫ Multi-family dwellings and hotels/motels with greater than 20 units/rooms: Designation of at least 10 percent of the total number of parking spaces shall be EV capable, at least 25 percent of the total number of parking spaces shall be EV-ready, and at least 5 percent of the total number of parking spaces shall be equipped with a Level 2 charging station; ▫ Non-residential land uses shall comply with the following EV charging requirements based on the number of passenger vehicle parking spaces: - 0-9: no EV capable spaces or charging stations required; 1 Similar to the compliance reporting procedure for demonstrating Energy Code compliance in new buildings and major renovations, compliance with the CALGreen water-reduction requirements must be demonstrated through completion of water use reporting forms. Buildings must demonstrate a 20 percent reduction in indoor water use by either showing a 20 percent reduction in the overall baseline water use as identified in CALGreen or a reduced per-plumbing-fixture water use rate. 2 EV Capable = a vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways to support EV charging; EV-ready = a vehicle space which is provided with a branch circuit and any necessary raceways to accommodate EV charging stations, including a receptacle for future installation of a charger (see 2022 California Green Building Standard Code, Title 24 Part 11 for full explanation of mandatory measures, including exceptions). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-20 - 10-25: 4 EV capable spaces but no charging stations required; - 26-50: 8 EV capable spaces of which 2 must be equipped with charging stations; - 51-75: 13 EV capable spaces of which 3 must be equipped with charging stations; - 76-100: 17 EV capable spaces of which 4 must be equipped with charging stations; - 101-150: 25 EV capable spaces of which 6 must be equipped with charging stations; - 151-200: 35 EV capable spaces of which 9 must be equipped with charging stations; and - More than 200: 20 percent of the total available parking spaces of which 25 percent must be equipped with charging stations; ▫ Non-residential land uses shall comply with the following EV charging requirements for medium- and heavy-duty vehicles: warehouses, grocery stores, and retail stores with planned off-street loading spaces shall install EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s), or subpanel(s) at the time of construction based on the number of off-street loading spaces as indicated in Table 5.106.5.4.1 of the California Green Building Standards;  Bicycle Parking: ▫ Non-residential short-term bicycle parking for projects anticipated to generate visitor traffic: permanently anchored bicycle racks within 200 feet of visitor entrance for 5 percent of new visitor motorized vehicle parking spaces with a minimum of one 2-bike capacity rack; and/or ▫ Non-residential buildings with tenant spaces of 10 or more employees/tenant-occupants: secure bicycle parking for 5 percent of the employee/tenant-occupant vehicle parking spaces with a minimum of one bicycle parking facility.  Shade Trees (Non-Residential): ▫ Surface parking: minimum No. 10 container size or equal shall be installed to provide shade over 50 percent of the parking within 15 years (unless parking area covered by appropriate shade structures and/or solar); ▫ Landscape areas: minimum No. 10 container size or equal shall be installed to provide shade of 20 percent of the landscape area within 15 years; and/or  Hardscape areas: minimum No. 10 container size or equal shall be installed to provide shade of 20 percent of the landscape area within 15 years (unless covered by applicable shade structures and/or solar or the marked area is for organized sports activities). The voluntary standards require:  Deconstruct existing buildings and reuse applicable salvaged materials;  Residential – Cool Roofs: have a thermal mass over the roof membrane, including green roofs weighing a minimum of 25 pounds per square foot or roof areas covered by solar photovoltaic panels and building integrated solar thermal panels;  Residential – Reduce nonroof heat island for 50 percent of sidewalks, patios, driveways or other paved areas;  One- and two-family dwelling units and townhouses with attached garages: install a dedicated 208/250-volt branch circuit for EV charging;  Residential Bicycle Parking: Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-21 ▫ Surface parking: minimum No. 10 container size or equal shall be installed to provide shade over 50 percent of the parking within 15 years (unless parking area covered by appropriate shade structures and/or solar); ▫ Multi-family/hotel/motel short-term parking: provide permanently anchored bicycle racks within 100 feet of visitor’s entrance for 5 percent of visitor motorized vehicle parking capacity (minimum one 2-bike capacity rack); ▫ Multi-family buildings long-term parking: provide acceptable on-site bicycle parking for at least one bicycle per every two dwelling units; and/or ▫ Hotel/motel long-term parking: provide one acceptable on-site bicycle parking space for every 25,000 square feet but not less than two spaces;  Tier I: ▫ Stricter energy efficiency requirements; ▫ Stricter water conservation requirements for specific fixtures; ▫ minimum 65 percent reduction in construction waste with third-party verification, Minimum 10 percent recycled content for building materials; ▫ Minimum 20 percent permeable paving; ▫ Minimum 20 percent cement reduction; ▫ Multi-family developments/hotels/motels: minimum 35 percent of total parking spaces shall be EV ready and for projects with 20 or more dwelling units/rooms a minimum of 10 percent of the total number of parking spaces shall be equipped with EV charging stations.  Tier II: ▫ Stricter energy efficiency requirements, ▫ Stricter water conservation requirements for specific fixtures; ▫ Minimum 75 percent reduction in construction waste with third-party verification, ▫ Minimum 15 percent recycled content for building materials; ▫ Minimum 30 percent permeable paving; ▫ Minimum 25 percent cement reduction; and/or ▫ Multi-family developments/hotels/motels: minimum 40 percent of total parking spaces shall be EV ready and for projects with 20 or more dwelling units/rooms, a minimum of 15 percent of the total number of parking spaces shall be equipped with EV charging stations. Local City of Carlsbad Growth Management Plan (Proposition E) The GMP standard for stormwater states that drainage facilities must be provided as required by the city concurrent with development. According to the FY 2021-22 GMP Report, all areas of the city met the GMP drainage standard, and the city would require appropriate drainage facilities as individual development plans are finalized and approved (City of Carlsbad 2023c). City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-22 Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists some policies related to electric power and gas in its Sustainability Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): Policy 9-P.8 Promote energy conservation and retrofitting of existing buildings. Measures the city should consider for improving energy performance of existing buildings include, but are not limited to:  Developing and implementing point-of-sale residential energy and water efficiency audits or upgrade requirements and/or incentives if necessary;  Providing financial incentives and low-cost financing products and programs that encourage investment in energy efficiency and renewable energy within existing residential buildings; and  Educating residents about the availability of free home energy audit programs and encourage implementation of audit findings. Policy 9-P.12 Continue pursuit of sustainable energy sources—such as hydroelectricity, geothermal, solar, and wind power—to meet the community’s needs. City of Carlsbad Climate Action Plan The following 2020 CAP goals and measures would be applicable to the proposed project (City of Carlsbad 2020): Measure N: Reduce GHG Intensity of Water Utilities Supply Conveyance, Treatment, and Distribution. Goal: Reduce the intensity of GHG emissions from water utilities (including water supply, wastewater, and recycle water) conveyance, treatment, and distribution by 8 percent by 2035. Measure O: Encourage the Installation of Greywater and Rainwater Collection Systems. Goal: Encourage the installation of greywater and rainwater collection systems with a goal of 15 percent of homes by 2035. e. Telecommunications State The CPUC develops and implements policies for the telecommunication industry. The Communications Division is responsible for licensing, registration and the processing tariffs of local exchange carriers, competitive local carriers, and non-dominant interexchange carriers. It is also responsible for registration of wireless service providers and franchising of video service providers. The Communications Division tracks compliance with commission decisions and monitors consumer protection and service issues and Commission reliability standards for safe and adequate service. The Communications Division is responsible for oversight and implementation of the six public purpose Universal Service Programs (CPUC 2021b). Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-23 f. Solid Waste Federal Resource Conservation and Recovery Act 40 CFR Part 258 (Resource Conservation and Recovery Act, Subtitle D) contains regulations for municipal solid waste landfills and requires states to implement their own permitting programs incorporating the federal landfill criteria. State Assembly Bill 939 Assembly Bill (AB) 939 (Public Resources Code 41780) requires cities and counties to prepare integrated waste management plans and to divert 50 percent of solid waste from landfills beginning in calendar year 2000 and each year thereafter. AB 939 also requires cities and counties to prepare source reduction and recycling elements as part of the integrated waste management plans. These elements are designed to develop recycling services to achieve diversion goals, stimulate local recycling in manufacturing, and stimulate the purchase of recycled products. In 2019, the City’s solid waste diversion rate was 51.3 percent, which meets the requirement of AB 939 Assembly Bill 341 and Senate Bill 1383 The purpose of AB 341 of 2011 (Chapter 476, Statutes of 2011) is to reduce greenhouse gas (GHG) emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. In addition to Mandatory Commercial Recycling, AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020. In addition, SB 1383 of 2016 (Chapter 395, Statutes of 2016) established the following goals: a 50 percent reduction in the level of the statewide disposal of organic waste from 2014 levels by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from 2014 levels by 2025. This bill also authorized CalRecycle to adopt regulations, to take effect on or after January 1, 2022, to achieve these targets. Assembly Bill 1826 AB 1826 of 2014 (Chapter 727, Statutes of 2014) requires businesses that generate a specified amount of organic waste per week to arrange for recycling services for that waste, and for jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, as well as report to CalRecycle on their progress in implementing an organic waste recycling program. As of 2020, businesses that generate two cubic yards or more of organic waste per week must engage in one of the following:  Source separate organic waste from other waste and participate in a waste recycling service that includes collection and recycling of organic waste  Recycle organic waste on-site, or self-haul organic waste off-site for recycling  Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-24 Senate Bill 1016 SB 1016 of 2007 (Chapter 343, Statutes of 2007) requires that the 50 percent solid waste diversion requirement established by AB 939 be expressed in pounds per person per day. SB 1016 changed the CalRecycle review process for each municipality’s integrated waste management plan. After an initial determination of diversion requirements in 2006 and establishing diversion rates for subsequent calendar years, the Board reviews a jurisdiction’s diversion rate compliance in accordance with a specified schedule. As of January 1, 2018, the Board is required to review a jurisdiction’s source reduction and recycling element and hazardous waste element once every two years. Local Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists some policies related to solid waste in its Sustainability Element. The following policies are applicable to the proposed project (City of Carlsbad 2015): Policy 9-P.9 Adopt a construction and demolition waste recycling ordinance that requires, except in unusual circumstances, all construction, demolition and renovation projects meeting a certain size or dollar value, to divert from landfills 100 percent of all Portland cement concrete and asphalt concrete and an average of at least 50 percent of all remaining non-hazardous debris from construction, demolition, and renovation projects. Carlsbad Municipal Code The city’s Municipal Code Chapter 6.8 outlines policies and regulations regarding solid waste receptacles and disposal services. 4.14.3 Impact Analysis a. Methodology and Significance Thresholds The following thresholds of significance were developed based on the CEQA Guidelines, specifically, Appendix G. The project would have a significant impact with respect to utilities and service systems if it would: 1. Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects; 2. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years; 3. 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; 4. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals; and/or 5. Comply with Federal, State, and local management and reduction statutes and regulations related to solid waste. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-25 b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts to utilities and service systems were less than significant and General Plan implementation would not cause substantial environmental effects to utilities and service systems (Section 3.12, Public Utilities and Infrastructure: 3.12-27 through 3.12- 45). All developments must comply with 2015 General Plan requirements, including development service impact fees for residential development that help pay for storm water, utilities, and other public infrastructure improvement projects. The General Plan incorporates policies and implementation programs for minimizing future utilities and service system impacts. The proposed project involves development on sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to utilities and service systems. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the proposed project, including updates to the Local Coastal Plan, Public Safety Element, and Master and Specific Plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to utilities and service systems would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Threshold 1: Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Impact UTIL-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT MAY REQUIRE THE RELOCATION OR CONSTRUCTION OF NEW OR EXPANDED WATER, WASTEWATER TREATMENT, STORMWATER DRAINAGE, ELECTRIC POWER, NATURAL GAS, AND TELECOMMUNICATIONS FACILITIES. HOWEVER, SUCH RELOCATION AND CONSTRUCTION WOULD NOT CAUSE SIGNIFICANT ENVIRONMENTAL EFFECTS BEYOND THOSE ALREADY IDENTIFIED IN THIS SEIR. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. Water Carlsbad is served by existing CMWD potable water facilities, with the exception of Site 19 which is served by OMWD potable water facilities. Development facilitated by the project may require installation of additional water mains and appurtenances, increasing the size of existing mains, lateral connections, and hydrants at the individual rezone sites. Future development on the rezone sites would be reviewed by the city’s Public Works Department, who would determine what upgrades would be needed based on specific project designs. Future projects would be required to complete improvements as determined by Public Works staff. Facility improvements would be installed during individual project construction and mostly within the disturbance area of such projects or the rights-of-way of previously disturbed roadways; therefore, the construction of these infrastructure improvements would not substantially increase the proposed project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout this SEIR. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-26 As described below under Impact UTIL-2, development facilitated by the project would be served by existing and planned CMWD and OMWD supplies, which are not anticipated to require major CMWD or OMWD treatment facility improvements. Additionally, as discussed in the Carlsbad Potable Water Master Plan, projected water demand is significantly less than the supply capacity, and the CMWD as well as OMWD would have sufficient capacity to accommodate an increase in population (CMWD 2019b; OMWD 2021). Furthermore, as found in the 2015 General Plan EIR, development would be subject to 2015 General Plan policies 9-P.3 through 9-P.6, which would reduce impacts to water services and facilities by promoting water saving measures such as water sub-metering, using recycled water for landscape irrigation, and using on-site gray water and rainwater collection systems. Therefore, although development on the rezone sites may involve some infrastructure upgrades, overall, the proposed project will not require or result in the relocation or construction of new or expanded water facilities such that significant environmental effects beyond those already identified throughout this SEIR would occur. Impacts related to water would be less than significant. Recycled Water The CMWD also produces and sells recycled water. Recycled Water is used for irrigation and this reduces the amount of drinking water that is used. The recycled water is produced by CMWD at the Carlsbad Water Reclamation Facility (WRF). CMWD purchases additional recycled water from VWD’s Meadowlark Water Recycling Facility. According to the 2020 UWMP, by the year 2040, the CMWD would supply 4,218 AFY of recycled water, and have a demand of 4,218 AFY of recycled water (CMWD 2021). Additionally, as discussed in the Carlsbad Recycled Water Master Plan Update, the CMWD has sufficient available supply capacities to reliably meet existing and future demands of the recycled water system (CMWD 2019a). Irrigation demands for future development facilitated by the proposed project and located adjacent to recycled water distribution mains would be accommodated by recycled water. Wastewater Carlsbad is served by existing city wastewater conveyance facilities, including local sewer collection lines and trunk sewer lines. Development facilitated by the project may require increasing the size of existing facilities, installation of additional sewer mains, and new lateral connections on or adjacent to the rezone sites. Future development on the rezone sites would be reviewed by the city’s Public Works Department, who would determine what upgrades would be needed. Future projects would be required to complete improvements as determined by Public Works staff. As with water facilities, sewer line extensions necessary to serve the future development would generally be installed within the already disturbed rights-of-way of existing roads or within the disturbance footprints of such projects. As such, the construction of these infrastructure improvements would not substantially increase the project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout this SEIR. The project would result in an increase in wastewater generation relative to existing conditions. Wastewater generated by future development would be treated at the Encina Wastewater Authority in Carlsbad, which has a design treatment capacity of 40.5 mgd, and a remaining available capacity of 17.5 mgd. Based on a wastewater generation rate of 200 gallons per equivalent dwelling unit per day (City of Carlsbad 2023a), development under the project would generate a gross increase of approximately 659,000 gallons, or 0.66 mgd, average daily flow of wastewater (200 gallons per residential unit per day x 3,295 units). This analysis conservatively assumes all project- Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-27 generated wastewater would be new wastewater generation and does not account for wastewater generation associated with existing development that would be demolished to accommodate new residential units. Table 4.14-6 summarizes the available capacity at the Encina Wastewater Authority and the percentage used by anticipated project wastewater generation based on average daily flow conditions. As shown therein, the project’s gross increase in wastewater generation would comprise approximately 4 percent of the Encina Wastewater Authority’s remaining available wastewater treatment capacity.3 Even during peak flow conditions, where wastewater generation associated with development on the rezone sites could be up to 1.7 mgd (based on calculations from the City’s Public Works Department), this could be accommodated within the 17.5 mgd of remaining available capacity. Table 4.14-6 Wastewater Treatment Plant Capacity Encina Wastewater Authority Average Daily Treatment 23 MGD Total Capacity1 40.5 MGD Remaining Available Capacity 17.5 MGD Project Wastewater Generation - Average Flow2 0.7 MGD Percent of Remaining Available Capacity Used by Project – Average Flow 4% mgd = million gallons per day 1 The current design treatment capacity of the Encina Wastewater Authority is 40.5 mgd. 2 Reasonably foreseeable development under the project would generate a net increase in average daily flow of approximately 659,000 gallons, or 0.7 mgd (200 gallons per residential unit per day x 3295 units). Sources: Encina Wastewater Authority 2021 Therefore, the Encina Wastewater Authority would have adequate capacity to serve development under the project. In addition, development would be responsible for constructing on and offsite improvements to wastewater conveyance systems and paying standard sewer connection fees, as necessary. Individual developments would be required to prepare site specific sewer studies to reflect actual development conditions which would be reviewed by the city and the applicable wastewater providers to determine if sufficient sewer capacity exists to serve the additional population that would be generated by the future projects. The city will continue to coordinate with the wastewater districts to ensure that new development, when proposed, would not exceed the capacity of wastewater conveyance and treatment facilities, and that new development would pay development fees to increase capacity of those facilities. Furthermore, as was found in the 2015 General Plan EIR, development would be subject to 2015 General Plan policies related to the provision of adequate wastewater services and facilities. Therefore, although the project may involve some infrastructure improvements to serve individual rezone sites, the project would not result in the relocation or construction of new or expanded wastewater facilities such that significant environmental effects beyond those already identified throughout this SEIR would occur. Impacts to wastewater would be less than significant. 3 0.4 mgd / 17.5 mgd x 100 = 4percent City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-28 Stormwater Drainage Development under the project would potentially require new or modified stormwater drainage facilities for the rezone sites due to the introduction of new impervious surfaces. Specific development under the proposed project would primarily consist of infill development and development near transportation corridors. As with water and wastewater treatment facilities, stormwater drainage infrastructure necessary to serve future development would generally be installed within the already disturbed rights-of-way of existing roads or within the disturbance footprints of such projects. As such, the construction of these infrastructure improvements would not substantially increase the project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout this SEIR. In addition, as described in Section 4.8 Hydrology and Water Quality, development at the 18 sites facilitated by the project would adhere to existing regulatory requirements that instruct stormwater management, including management of rainfall at the source by infiltrating stormwater as close to the source as practicable. Per NPDES requirements, post-construction peak runoff must be maintained at or below pre-project levels. In addition, applicable regulations apply that would limit pollutant discharges, including sediment and silt, from development under the project. The CMC requires BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as a requirement of the Municipal Stormwater Permit. The CMC also sets forth requirements and BMPs pertaining to the mitigation of erosion, sediment control and runoff as outlined in CMC Chapter 15.12 and Chapter 15.16. The city incorporates such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. Furthermore, the city’s LID ordinance in Chapter 15.12.080 aims to specifically reduce the amount of surface runoff and aid in groundwater recharge through techniques such as infiltration, evapotranspiration, bioretention and/or rainfall harvest and additional uses in accordance with the requirements set forth in the MS4 permit and the LID standards manual. As was found in the 2015 General Plan EIR, compliance with policies 4-P.57, 4-P.58, and 4-P.64 of the General Plan Open Space, Conservation, and Recreation Element would further reduce impacts. Policy 4-P.57 would require compliance with the city’s NPDES Municipal Stormwater Permit and preparation and implementation of applicable plans such as a Water Quality Improvement Plan, Integrated Regional Water Management Plan, or Load Reduction Plan; Policy 4-P.58 would require incorporation of structural and non-structural BMPs to mitigate or reduce pollutant loads, and prohibit post-development runoff that would cause an exceedance of receiving water quality objectives that has not been reduced to the maximum extent possible; and Policy 4-P.64 would require the preservation of natural watercourses or providence of naturalized drainage channels within the city. Given compliance with the above regulations and requirements, the project would not alter the existing drainage patterns or contribute runoff water in a manner which would result in substantial erosion, siltation, or flooding, nor would it exceed the capacity of existing or planned stormwater drainage systems. Impacts would be less than significant. Electric Power and Natural Gas Carlsbad is served by existing SDG&E transmission and distribution facilities for electricity and natural gas. Development facilitated by the project may require installation of additional electrical and natural gas connections. Such facilities would be installed during individual project construction and within the disturbance area of such projects or the rights-of-way of previously disturbed Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-29 roadways; therefore, the construction of these infrastructure improvements would not substantially increase the project’s disturbance area or otherwise cause significant environmental effects beyond those identified throughout this SEIR. Specific development under the project would primarily consist of infill development and development near transportation nodes; therefore, major upgrades to transmission lines and other facilities are not anticipated. Therefore, the project would not require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects beyond those already identified throughout this SEIR. Impacts would be less than significant. Telecommunications No major telecommunications improvements are expected to be required to accommodate development facilitated by the project. Future development projects may require minor telecommunications improvements, such as undergrounding or extensions of telephone lines. Such improvements would be minor in nature and would generally occur within the disturbance area of individual projects. Therefore, the project would not require or result in the relocation or construction of new or expanded telecommunications facilities, the construction or relocation of which could cause significant environmental effects beyond those already identified throughout this SEIR. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 2: Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Impact UTIL-2 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, CONSTRUCTION AND OPERATION OF DEVELOPMENT UNDER THE PROJECT WOULD RESULT IN A NET INCREASE IN WATER DEMAND. HOWEVER, THIS INCREASE IN DEMAND CAN BE SERVED BY PROJECTED AND REASONABLY AVAILABLE WATER SUPPLIES. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. The project would generate both construction-related and operational water demand. The following subsections include discussions of both sources of water demand. Construction Demand Water would be required for temporary construction activities at the rezone sites, including dust suppression, grading and grubbing, compaction, construction equipment wheel washing, and concrete mixing and casting. Water consumption by construction workers and cleaning of portable toilets on individual project sites may also account for a small portion of overall construction water demand. Watering for dust suppression would demand the most water during construction. Demolition, site preparation, and grading are the activities anticipated to result in the greatest dust generation and, therefore, the greatest construction-related water demand. Water demand for dust suppression is highly dependent on a number of site-specific variables, including soil properties, antecedent moisture conditions, and other climatic factors. CMWD provides non-potable water for use as dust suppression during construction activities; therefore, the actual demand on potable water supplies City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-30 would be even lower than estimated. Given the temporary and minimal nature of construction water demand, impacts related to construction water consumption would be less than significant. Operational Demand Development under the project would result in increased demand for potable water supplies for drinking; use by appliances and fixtures including toilets, showers, bathtubs, sinks, washing machines, and dishwashers; and landscape irrigation. Based on the CalEEMod land use-based water demand factors, development would generate a water demand of approximately 317,160 gallons per day (gpd), or 355 AFY). This analysis conservatively assumes all project-generated water demand would be new water demand and does not account for water demand associated with existing development that would be demolished or replaced to accommodate new residential units. As discussed in Section 4.14.1, Water Sources, Supply, Demand, and Distribution, the CMWD, VWD, and the OMWD have water supply availability for normal, single-dry, and multiple-dry year scenarios from 2025 through 2045, as outlined in their 2020 UWMPs. For all years and all scenarios, the CMWD, VWD, and OMWD anticipate meeting forecast demand, but do not anticipate any excess supply. Therefore, the analysis of water supply availability focuses on whether or not the project is consistent with the water demand projections contained in the 2020 UWMPs. The CMWD’s 2020 UWMP projects future residential water demand through 2045. As shown in Table 4.14-1, the CMWD projects that water supply and demand will increase by approximately 1,743 AFY between 2025 and 2045. The proposed project would increase demand in the city by an estimated 355 AFY, or approximately a 1.5 percent increase from the 2030 CMWD service area demand estimate of 22,409 AFY as shown in Table 4.14-3. As discussed above, CMWD does not anticipate any excess supply, therefore, the current water supplies could potentially be insufficient to meet demand for the project. According to the CMWD 2020 UWMP, the CMWD service area had a 2015 per person drinking water demand target of 233 gallons per person per day (GPCD), and a 2020 target of 207 GPCD. In 2020, the CMWD reported a drinking water demand of 135 GPCD, which met and was significantly lower than the 2020 target of 207 GPCD. Based on the increase of approximately 1.5 percent from the projected 2030 water demand in the CMWD’s 2020 UWMP, estimated GPCD with implementation of the project would be 203 GPCD, which would still be below the targeted 207 GPCD (CMWD 2021).4 Similarly, according to the VWD 2020 UWMP, the VWD service area had a 2020 per person drinking water demand target of 159 GPCD, and reported an actual 2020 drinking water demand of 125 GPCD (VWD 2021); and according to the OMWD 2020 UWMP, the OMWD service area had a 2020 per person drinking water demand target of 282 GPCD, and reported an actual 2020 drinking water demand of 206 GPCD (OMWD 2021). Therefore, the CMWD, VWD, and OMWD are all within and below their 2020 per capita drinking water demand targets and the proposed project would not significantly increase the GPCD such that the targets are exceeded. Since CWMD’s local desalinated seawater supply and recycled water supplies would remain steady in all rainfall scenarios, changes in demands would change how much water CMWD purchases from SDCWA. In the rare case that the SDCWA was not able to supply as much water to CMWD, CMWD would know in advance and would implement water saving measures from the Water Shortage Contingency Plan (WSCP). The CMWD also has two ordinances in place to help manage demands during potential water shortages. Ordinance No. 44 (Drought Response Plan and Water Conservation Program) is CMWD’s Drought Ordinance, which creates CMWD’s drought response 4 135 GPCD x 1.5 percent = 203 GPCD Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-31 levels and water saving steps that are enacted for each level. The higher the response level, the greater water saving measures will be enforced. Ordinance No. 46 (Water Schedules) is an amendment to CMWD’s Drought Ordinance, and revised Drought Response Levels 2 and 3 to allow for increased flexibility for CMWD in starting water limits during these drought levels. The CMWD also works with SDCWA on multiple water saving efforts, including but not limited to, rain barrel rebates and discounts, smart irrigation devices rebates, a grass replacement program, and landscape education (CMWD 2021). Similarly, VWD has prepared a WSCP and adopted Ordinances No. 162 and No. 195 to establish implementation of regulations during times of declared water shortages or emergencies to conserve water. The VWD’s WSCP contains a mix of shortage response actions such as prohibitions on end use, consumption reduction methods, supply augmentation, and operational change measures (VWD 2021). The OMWD has also prepared a WSCP under Ordinance No. 489 which would provide for progressively severe stages of water use restrictions necessary to accomplish service area-wide water use reductions of up to and over 50 percent (OMWD 2021). Further, compliance with the water conservation regulations and policies would help to maintain sufficient supplies. The California Code of Regulations (CCR) Title 24, Part 11 (CALGreen) requires a 20 percent reduction in residential indoor water use that would lower potential water demand. New development would be subject to the CCR concerning water-efficient landscapes (Division 2, Title 23, CCR, Chapter 2.7, Sections 490 through 495). Implementation of the WELO would encourage water conservation for new development and in landscaped areas. Moreover, as was found in the 2015 General Plan EIR, future development would be subject to 2015 General Plan policies 9-P.3 through 9-P.6, which would reduce impacts to water services and facilities by promoting water saving measures such as water sub-metering, using recycled water for landscape irrigation, and using on-site gray water and rainwater collection systems. The respective water districts would incorporate the increased population and housing forecasts from the project into their future water supply planning efforts, such as future updates to the UWMP, to account for the increased water demand. Therefore, with compliance with existing State and local regulations aimed at water conservation, as well as CMWD, VWD, and OMWD WSCPs and ordinances, water supplies would be sufficient to accommodate the increase in demand for the proposed project. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 3: Would the project 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? Impact UTIL-3 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, WASTEWATER GENERATED BY DEVELOPMENT UNDER THE PROJECT WOULD BE TREATED AT THE ENCINA WASTEWATER AUTHORITY IN CARLSBAD. THE PLANT WOULD HAVE ADEQUATE CAPACITY TO SERVE THE ANTICIPATED WASTEWATER GENERATION IN ADDITION TO ITS EXISTING WASTEWATER TREATMENT COMMITMENTS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. As discussed under Impact UTIL-1, project-generated wastewater during average flow conditions would be adequately served by available capacity at the Encina Wastewater Authority in Carlsbad. Wastewater generated by the development under the project would account for approximately City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-32 4.6 percent of the remaining available capacity at the plant, which has approximately 17.5 MGD of remaining available treatment capacity. In addition, there would be capacity during peak flow conditions. As such, the Encina Wastewater Authority would have adequate capacity to serve the project’s projected demand in addition to its existing commitments. Impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. Threshold 4: Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Threshold 5: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Impact UTIL-4 SIMILAR TO THE DEVELOPMENT ANALYZED IN THE 2015 GENERAL PLAN EIR, DEVELOPMENT UNDER THE PROJECT WOULD NOT GENERATE SOLID WASTE IN EXCESS OF STATE OR LOCAL STANDARDS, OR IN EXCESS OF THE CAPACITY OF LOCAL INFRASTRUCTURE, INCLUDING THE REPUBLIC SERVICES PALOMAR TRANSFER STATION. THE PROJECT WOULD NOT IMPAIR THE ATTAINMENT OF SOLID WASTE REDUCTION GOALS, AND DEVELOPMENT WOULD COMPLY WITH FEDERAL, STATE, AND APPLICABLE LOCAL STATUTES AND REGULATIONS RELATED TO SOLID WASTE. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT. As described in Section 4.14.1(g), Solid Waste Collection and Disposal, solid waste generated in Carlsbad is collected by Republic Services, and most solid waste is transported to the Republic Services Palomar Transfer Station, the Otay Landfill and the Sycamore Landfill for disposal (CalRecycle 2019a). The Otay Landfill currently has an estimated closure date of 2030; however, it has a remaining capacity of 21 million cubic yards. Approximately 98 percent of solid waste is disposed at the Otay Landfill while only about 2 percent is disposed at the Sycamore Landfill. Therefore, for the purposes of this analysis, it is assumed that solid waste generated by development under the project would be disposed of at the Otay Landfill. An average of 5,000 tons of waste is deposited in the landfill daily; therefore, the average daily surplus is 1,700 tons per day (CalRecycle 2019b). Construction Demolition of existing development on several proposed housing sites and potential soil export would result in the generation of construction/demolition debris that would need to be disposed of at area landfills. Because the proposed housing sites consist of primarily infill sites with existing structures that would be redeveloped or on sites that have been graded, development under the project is not anticipated to result in major export of soil. Nevertheless, grading activities may result in export of some soil from individual project construction sites. The Otay Landfill accepts construction/demolition waste; therefore, it is likely that exported soil would be disposed of at this location. Grading activities associated with the project would not occur all at once, but rather would be spread across multiple projects implemented over the planning horizon of the project. Furthermore, exported soil could be transported to other area landfills that accept soil and construction debris San Diego County to further reduce impacts at any single solid waste disposal facility, or used beneficially as landfill cover or imported fill material at other construction sites. Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-33 Therefore, disposal of soils from grading of the individual project sites would not exceed the capacity of local solid waste disposal facilities. In addition, as was found in the 2015 General Plan EIR, the handling of all debris and waste generated during construction of development under the project would be subject to 2022 CALGreen requirements and the California Integrated Waste Management Act of 1989 (AB 939) requirements for salvaging, recycling, and reuse of materials from construction activity. For example, pursuant to the CALGreen, future development projects would be required to recycle at least 65 percent of non-hazardous construction debris. Therefore, impacts related to solid waste generated during construction would be less than significant. Operation According to CalEEMod outputs, development under the project would generate a net increase of approximately 2,199 tons of solid waste annually, or approximately 6.1 tons per day. Based on this information, the solid waste generation of development would account for approximately 0.4 percent of the Otay Landfill’s average daily surplus throughput of 1,700 tons per day.5 Given this small proportion of permitted throughput, the solid waste generated by operation of development under the project would be adequately accommodated by existing landfills. For operational waste, in accordance with California’s Integrated Waste Management Act of 1989 (AB 939), cities and counties are required to divert 50 percent of all solid wastes from landfills. Additionally, pursuant to AB 341, all businesses that generate four cubic yards or more of commercial solid waste per week including multi-family dwelling that consists of five units or more would be required to divert 75 percent of all solid wastes. As was found in the 2015 General Plan EIR, development under the project would be required to comply with federal, State, and local statutes and regulations related to solid waste, including AB 939 and AB 341, as well as 2015 General Plan Policy 9-P.9. Therefore, because development would be served by landfills with sufficient capacity and would comply with applicable regulations related to solid waste, impacts would be less than significant. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, impacts would be less than significant without mitigation. d. Cumulative Impacts The geographic scope for cumulative utilities and service systems impacts is the CMWD, VWD, OMWD, and SDG&E service areas. This geographic scope is appropriate for utilities and service systems because utility impacts are localized in the service area where the impact occurs. Extensions of Utility Facilities – Water, Wastewater, Stormwater, Electric Power, Natural Gas, and Telecommunications Impacts related to the extension of water supply, wastewater, electric power, natural gas, and telecommunications facilities to development are typically generated in the immediate vicinity of a project. Although several development sites would require off-site improvements to water and wastewater facilities, the impacts of the improvements would be analyzed on a project-by-project 5 6.1 tpd / 1,700 tpd * 100 = 0.4 percent City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-34 basis, would mostly be within project footprints and existing rights-of-way, or areas that are already disturbed such that new significant environmental effects beyond those identified in this SEIR would not occur. Other development projects in the vicinity of the rezone sites would also be reviewed by the Public Works Department and are expected to largely involve minor upgrades to existing infrastructure in places where infrastructure already is present. Therefore, cumulative impacts of development related to extensions of water supply, wastewater, stormwater, electric power, natural gas, and telecommunications facilities to individual projects sites are already addressed under UTIL-1. As discussed therein, cumulative impacts of extensions of utility facilities to individual project sites would be less than significant. Water Supply Cumulative development in the CMWD, VWD, and OMWD service area would increase demand for water supplies and infrastructure. The project-level impact analysis contained under Impact UTIL-2 is cumulative in nature because it addresses the significance of water demand associated with development under the project in terms of whether this demand is accounted for in the water districts’ 2020 UWMPs, which are plans that address cumulative impacts to water supply. The water districts project that future water supplies will meet cumulative water demand in normal, dry-year, and multiple-dry year scenarios, but do not anticipate any excess supply. As discussed under Impact UTIL-2, the respective 2020 UWMPs include guidelines that future development would be subject to during water shortages. Future development would also be required to comply with State and local regulations regarding water saving. Therefore, cumulative impacts to water supply would be less than significant. Wastewater Cumulative development in the city’s Wastewater Division service area would increase demand for wastewater, collection, treatment and discharge beyond existing conditions. New and expanded wastewater treatment facilities may result in environmental effects; however, because the location or scale of such future facilities cannot be known at this time, the evaluation of such facilities would be speculative. New or expanded facilities that may result from cumulative growth would require their own environmental analysis pursuant to the requirements of CEQA. At that time, any associated environmental effects would be disclosed and evaluated, and any required mitigation to reduce identified effects would be required through that process. Therefore, cumulative impacts related to wastewater collection and treatment would be less than significant. Electric Power and Natural Gas As discussed under Section 4.14.1(d), Electric Power Supply and Demand, electricity demand in the SDG&E service area is projected to decrease annually through 2030 in the mid-energy demand/mid- Additional Achievable Energy Efficiency scenario, which will place additional demands on existing electricity generation facilities (CEC 2021c). Although development under the project would be constructed in accordance with the latest iteration of CALGreen, which would minimize energy usage, development would increase electricity demand in comparison to existing conditions and would contribute to the cumulative regional increase in electricity demand. However, as discussed in its Integrated Resource Plan, the SDG&E has existing plans in place to solicit additional long-term renewable contracts, including conventional and long-duration storage technologies (SDG&E 2022b). New and expanded electric power facilities and infrastructure may result in environmental effects; however, since the location or scale of such future facilities cannot be known at this time, Environmental Impact Analysis Utilities and Service Systems Supplemental Environmental Impact Report 4.14-35 the evaluation of such facilities would be speculative. New or expanded facilities that may result from cumulative development would require their own environmental analysis pursuant to the requirements of CEQA. At that time, any associated environmental effects would be disclosed and evaluated, and any required mitigation to reduce identified effects would be required through that process. Therefore, cumulative impacts related to electric power would be less than significant. As discussed under Section 4.14.1(e), Natural Gas Supply and Demand, natural gas demand in the SDG&E service area is projected to decline at a rate of 0.6 percent per year between 2020 and 2035 primarily due to increasing energy efficiency, modest economic growth, increasing building decarbonization, and statewide efforts to reduce greenhouse gas emissions from the electricity generation sector, even when accounting for moderate growth in the adoption of natural gas vehicles (California Gas and Electric Utilities 2020). Therefore, given that cumulative demand for natural gas is anticipated to decline, new or expanded natural gas facilities would not be required, and no cumulative impact related to natural gas would occur. Solid Waste Cumulative development in the wasteshed of the Otay Landfill would increase the amount of solid waste generation beyond existing conditions. As stated in Section 4.14.1(g), Solid Waste Collection and Disposal, the total capacity of the Otay Landfill is 61.1 million cubic yards, and the maximum permitted daily throughput is 6,700 tons. An average of 5,000 tons of waste is deposited in the landfill daily; therefore, the average daily surplus is 1,700 tons per day, which means approximately 25 percent of the maximum permitted daily throughput is available (CalRecycle 2019b). Given the current built-out nature of the wasteshed and topographical and open space restrictions on much of the remaining vacant land, it is unlikely that cumulative development would double existing development such that the average daily surplus in maximum permitted daily throughput would be exceeded. Therefore, there would be no cumulative impact related to the maximum permitted daily throughput at the Otay Landfill. City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.14-36 This page intentionally left blank Wildfire Supplemental Environmental Impact Report 4.15-1 4.15 Wildfire This section analyzes impacts related to wildfires in Carlsbad. Wildfire was added as a separate section with new issues questions into CEQA in December 2018. Wildfire impacts were discussed in Section 3.6, Hazardous Materials, Airport Safety, and Wildfire, in the 2015 General Plan EIR. 4.15.1 Setting a. Physical Setting Wildfires In California, responsibility for wildfire prevention and suppression is shared by federal, state and local agencies. Federal agencies are responsible for federal lands in Federal Responsibility Areas. California has determined that some non-federal lands in unincorporated areas with watershed value are of statewide interest and have classified those lands as State Responsibility Areas (SRA), which are managed by the California Department of Forestry and Fire Protection (CAL FIRE). All incorporated areas and other unincorporated lands are classified as Local Responsibility Areas (LRA). While all of California is subject to some degree of wildfire hazard, there are specific features that make certain areas more hazardous. CAL FIRE is required by law to map areas of significant fire hazards based on fuels, terrain, weather and other relevant factors (Public Resources Code [PRC] 4201-4204 and California Government Code 51175-89). Factors that increase an area’s susceptibility to fire hazards include slope, vegetation type and condition and atmospheric conditions. CAL FIRE has identified two types of wildfire risk areas: 1) Wildland Areas That May Contain Substantial Forest Fire Risks and Hazards and 2) Very High Fire Hazard Severity Zones. Each hazard area carries with it code requirements to mitigate the severity of wildfires. Under state regulations, areas within very high fire hazard severity zones must comply with specific building and vegetation management requirements intended to reduce property damage and loss of life within these areas. In Carlsbad, there are fire hazards as indicated in the applicable Fire Hazard Severity Zone Maps for the region. There are Very High Fire Hazard Severity Zones in the LRA along the eastern and southern borders of the city (CAL FIRE 2007)1. Figure 4.15-1 displays the Fire Hazard Severity Zones for the city. There are no lands in a SRA in Carlsbad. 1 CAL FIRE released new Fire Hazard Severity Zones in SRAs map on November 21, 2022; however, the 2022 map is not adopted as of May 2023 nor does it include maps of LRAs. Further, CAL FIRE indicates that Fire Hazard Severity Zones in SRAs around Carlsbad have not changed between 2007 and 2022. Therefore, for the purposes of analysis in this EIR, the 2007 map will be considered. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-2 Figure 4.15-1 Carlsbad Fire Hazard Severity Zones and Responsibility Areas Wildfire Supplemental Environmental Impact Report 4.15-3 Wildfire-conducive Conditions Because of substantial open space areas and associated vegetation and wildlife habitats throughout the State, California is subject to fire hazards. Grassland or other vegetation in California is easily ignited, particularly in dry seasons. Wildfire is a serious hazard in high dry fuel load areas, particularly near areas of natural vegetation and steep slopes, since fires tend to burn more rapidly on steeper terrain. Wildfire is also a serious hazard in areas of high wind, given that fires will travel faster and farther geographically when winds are higher. Furthermore, wildfire is more likely in areas where electric power lines are located above ground and could ignite vegetation with which the power lines come into contact. Wildfire could also spread in areas with fuel lines (i.e., pipes carrying flammable fuels), which could fail (whether due to earthquake or error) and ignite a fire. Extreme wildfire events are expected to increase in frequency with the effects of increased global temperature, although changes in specific fire-prone areas are difficult to predict with any certainty (United States Forest Service 2023). The Governor’s Office of Planning and Research (OPR) has recognized that although high-density structure-to-structure loss can occur, structures in areas with low- to intermediate-density housing were most likely to burn, potentially due to intermingling with wildland vegetation or difficulty of firefighter access (OPR 2020). In general, increasing density decreases the risk of wildfire. The risk of loss of human life, property, natural resources, or economic assets from wildfire is highest at the Wildland Urban Interface (WUI), areas of urban development located adjacent to or even within wildland areas. Development that has spread into less densely populated, often hilly areas has increased the number of people living in heavily-vegetated areas that are prone to wildfire. Today approximately one-third of houses in California are within the WUI area (OPR 2020). It is important to note that there are varying definitions of what constitutes a WUI, and some local or regional agencies consider some areas to be WUI that are not defined as Wildland Interface or Intermix zones under the Wildland-Urban Interface Building Standards in Title 24, Part 2 of the California Code of Regulations (CCR); these standards are discussed under Regulatory Setting below. Approximately half of Carlsbad, mostly in the eastern and interior portions, is considered Wildland Urban Intermix, Interface, or Influence Zone on CAL FIRE’s WUI map, as shown in Figure 4.15-2 (CAL FIRE 2019). Wildland Urban Interface is dense housing adjacent to vegetation that can burn in a wildfire; Wildland Urban Intermix is housing development interspersed in an area dominated by wildland vegetation subject to wildfire; Wildfire Influence Zone is wildfire susceptible vegetation up to 1.5 miles from Wildland Urban Interface or Wildland Urban Intermix (CAL FIRE 2019). In addition to stripping the land of vegetation and destroying forest resources, large, intense fires can harm the soil, waterways, and the land itself. Soil exposed to intense heat may lose its capability to absorb moisture and support life. Exposed soils erode quickly and enhance siltation of rivers and streams, thereby enhancing flood potential, harming aquatic life, and degrading water quality. Lands stripped of vegetation are also subject to increased debris flow hazards. Slope instability from wildfire scarring of the landscape can result in slope instability in the form of more intensive flooding and landslides. Such post-fire slope soils and altered drainage patterns can result in soil creep on downslope sides of foundations and reduce lateral support. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-4 Figure 4.15-2 Wildland Urban Interface Supplemental Environmental Impact Report 4.15-5 Wildfire Vegetation Vegetation is fuel to a wildfire, and it changes over time with seasonal growth and die-back. The relationship between vegetation and wildfire is complex, but generally some vegetation is naturally fire resistant, while other vegetation is extremely flammable. Some plant types in California landscapes are fire resistant, while others are fire-dependent for their seed germination cycles. Wildfire behavior depends on the type of fuels present, such as ladder fuels, surface fuels, and aerial fuels. Surface fuels include grasses, logs, and stumps low to the ground. Ladder fuels, such as tall shrubs, young trees, and the lowest branches of mature trees, provide a path for fire to climb upward into the crowns of trees. Aerial fuels include upper limbs, foliage, and branches not in contact with the ground. Ample spacing in between tree crowns and trimming of lower branches close to the ground is effective at preventing fire from either igniting the crown of a tree or spreading from an ignited tree to adjacent trees; conversely, closely packed trees with low branches are especially susceptible to crown ignition and spread (CAL FIRE 2023). Weather and climate conditions, including drought cycles, can lead to dry vegetation with low moisture content, increasing its flammability. Changes in precipitation patterns and increased temperatures associated with climate change will alter the distribution and character of natural vegetation and associated moisture content of plants and soils. An increase in frequency of extreme heat events and drought are also expected. These changes will lead to increased frequency and intensity of large wildfires. Slope and Aspect According to CAL FIRE, sloping land increases susceptibility to wildfire because fire typically burns faster up steep slopes, and they may hinder firefighting efforts. Following severe wildfires, sloping land is also more susceptible to landslide or flooding from increased runoff during substantial precipitation events. Aspect is the direction that a slope faces, and it determines how much radiated heat the slope will receive from the sun. Slopes facing south to southwest will receive the most solar radiation and are warmer and drier than slopes facing a northerly to northeasterly direction, increasing the potential for wildfire ignition and spread (CAL FIRE 2023). Weather and Atmospheric Conditions Wind, temperature, and relative humidity are the most influential weather elements in fire behavior and susceptibility (CAL FIRE 2023). Fire moves faster under hot, dry, and windy conditions. Wind may also blow embers ahead of a fire, causing its spread. Drought conditions lead to extended periods of excessively dry vegetation, increasing the fuel load and ignition potential. Most precipitation is received from October through April, with an average annual rainfall of 11.39 inches from 1991 to 2020 (National Weather Service 2023). May through September is the driest time of the year and coincides with what has traditionally been considered the fire season in California. However, increasingly persistent drought and climatic changes in California have resulted in drier winters, and fires during the autumn, winter, and spring months are becoming more common. Fuel and Energy Lines Electric power lines mostly occur in urban areas and along roadways. Electric power, natural gas, and petroleum lines pose a risk of causing fire in the event of failure (whether due to earthquake or City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-6 error). Natural gas poses a lower risk of causing a fire than petroleum products, because it is transported at lower pressures and, when released, rises and dissipates into the atmosphere (United States Department of Energy 2023). Emergency and Evacuation Routes/Access The city’s Emergency Operations Plan (EOP) defines the scope of the city’s emergency preparedness and incident response activities. In general, the EOP establishes emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System, published by the California Office of Emergency Services (OES), and the National Incident Management System, published by the Federal Emergency Management Agency. The EOP identifies the city’s Emergency Operations Center (EOC) as the location from which centralized emergency management would be performed during a major emergency or disaster, including receiving and disseminating information, maintaining contact with other EOCs, and providing instructions to the public through the City of Carlsbad’s website, reverse-911 systems, social media including “sdemergency” mobile application, traditional media, public outreach and the EOC hotline, when activated. All City of Carlsbad employees are disaster service workers, and employees across multiple city departments are trained EOC responders and emergency shelter workers. Additionally, Carlsbad’s Community Emergency Response Team (CERT) is made up of City of Carlsbad disaster volunteers and may be activated to support the Office of Emergency Management and/or (EOC) during an emergency. Evacuation routes out of Carlsbad during a wildfire would be dependent on the location of the wildfire. Evacuation would likely occur utilizing Interstate 5 or El Camino Real to travel north or south of the city. 4.15.2 Regulatory Setting a. Federal Federal Disaster Mitigation Act The Disaster Mitigation Act of 2000 provided a new set of mitigation plan requirements that encourage state and local jurisdictions to coordinate disaster mitigation planning and implementation. States are encouraged to complete a “Standard” or an “Enhanced” Natural Mitigation Plan. “Enhanced” plans demonstrate increased coordination of mitigation activities at the state level and, if completed and approved, increase the amount of funding through the Hazard Mitigation Grant Program. The State of California Multi-Hazard Mitigation Plan (SHMP) complies with this act. National Fire Plan The National Fire Plan was developed in August 2000, following a historic wildfire season. Its intent is to establish plans for active response to severe wildfires and their impacts to communities while ensuring sufficient firefighting capacity. The plan addresses firefighting, rehabilitation, hazardous fuels reduction, community assistance, and accountability. Wildfire Supplemental Environmental Impact Report 4.15-7 b. State The California Fire Plan The Strategic Fire Plan for California is the State’s road map for reducing the risk of wildfire. The most recent version of the Plan was finalized in August 2018, and directs each CAL FIRE Unit to revise and update its locally-specific Fire Management Plan (CAL FIRE 2018). These plans assess the fire situation within each of the 21 CAL FIRE units and six contract counties. The plans address wildfire protection areas, initial attack success, assets and infrastructure at risk, pre-fire management strategies, and accountability within their geographical boundaries. California Office of Emergency Services The California Office of Emergency Services prepares the SHMP, which identifies hazard risks and includes a vulnerability analysis and a hazard mitigation strategy. The SHMP is required under the Disaster Mitigation Act of 2000 in order for the State to receive federal funding. The Disaster Mitigation Act of 2000 requires a State mitigation plan as a condition of disaster assistance. California Code of Regulations Title 24 (California Building Code) Updated every three years through a rigorous stakeholder process, Title 24 of the California Code of Regulations requires California homes and businesses to meet strong fire and safety measures. Title 24 contains numerous subparts, including Part 1 (Administrative Code), Part 2 (Building Code), Part 3 (Electrical Code), Part 4 (Mechanical Code), Part 5 (Plumbing Code), Part 6 (Energy Code), Part 8 (Historical Building Code), Part 9 (Fire Code), Part 10 (Existing Building Code), Part 11 (Green Building Standards Code), Part 12 (Referenced Standards Code). The California Building Code (CBC) is applicable to all development in California. (Health and Safety Code §§ 17950 and 18938(b).) The regulations receive input from members of industry, as well as the public, with the goal of "[r]educing of wasteful, uneconomic, inefficient, or unnecessary consumption of energy." (Pub. Res. Code § 25402.) These regulations are scrutinized and analyzed for technological and economic feasibility (Pub. Res. Code § 25402(d)) and cost effectiveness (Pub. Res. Code § 25402(b)(2) and (b)(3)). Part 2 – California Building Code: Fire Safety Requirements The State of California provided a minimum standard for building design through the 2022 CBC, which is located in Part 2 of Title 24 of the California Code of Regulations. The 2022 CBC is based on the 2021 International Building Code, but has been modified for California conditions. It is generally adopted on a jurisdiction by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings are plan-checked by local City and County building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of sprinklers in all new high-rise buildings and residential buildings; the establishment of fire resistance standards for fire doors, building material; and particular types of construction. Part 2 – California Building Code: Wildland-Urban Interface Building Standards On September 20, 2005, the Building Standards Commission approved the Office of the State Fire Marshal’s emergency regulations amending the CCR Title 24, Part 2, known as the 2007 CBC. These codes include provisions for ignition-resistant construction standards in the WUI. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-8 Interface zones are areas with dense housing adjacent to vegetation that can burn and meeting the following criteria: Housing density class 2 (one house per 20 acres to one house per 5 acres), 3 (more than one house per 5 acres to one house per acre), or 4 (more than one house per acre) In Moderate, High, or Very High Fire Hazard Severity Zone Not dominated by wildland vegetation (i.e., lifeform not herbaceous, hardwood, conifer, or shrub) Spatially contiguous groups of 30-meter cells2 that are 10 acres and larger Intermix zones are housing development interspersed in an area dominated by wildland vegetation and must meet the following criteria: Not interface Housing density class 2 Housing density class 3 or 4, dominated by wildland vegetation In Moderate, High, or Very High Fire Hazard Severity Zone Improved parcels only Spatially contiguous groups of 30-meter cells 25 acres and larger Influence zones have wildfire-susceptible vegetation up to 1.5 miles from an interface zone or intermix zone (CAL FIRE 2019). While the 2007 CBC creates WUI definitions for interface, intermix and influence zones in order to apply required construction standards, many local and regional entities use their own definitions of WUI areas for other purposes, ranging from simple resident awareness and public outreach to further municipal-level standards. Part 9 – California Fire Code The 2022 California Fire Code is Part 9 of CCR Title 24. It establishes the minimum requirements consistent with nationally recognized good practices to safeguard public health, safety, and general welfare from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structure, and premises, and to provide safety and assistance to firefighters and emergency responders during emergency operations. It is the primary means for authorizing and enforcing procedures and mechanisms to ensure the safe handling and storage of any substance that may pose a threat to public health and safety. The California Fire Code regulates the use, handling, and storage requirements for hazardous materials at fixed facilities. The California Fire Code and the CBC use a hazard classification system to determine what protective measures are required to protect fire and life safety. These measures may include construction standards, separations from property lines and specialized equipment. To ensure that these safety measures are met, the California Fire Code employs a permit system based on hazard classification. The provisions of this Code apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such building structures throughout California. 2 “30-meter cells” refers to satellite mapping or Geographic Information Systems (GIS) data, and indicates data is presented as 30-meter by 30-meter squares in the source maps used to determine zone types. Wildfire Supplemental Environmental Impact Report 4.15-9 More specifically, the Fire Code is included in CCR Title 24. Title 24, part 9, Chapter 7 addresses fire- resistances-rated construction; CBC (Part 2), Chapter 7A addresses materials and construction methods for exterior wildfire exposure; Fire Code Chapter 8 addresses fire related Interior finishes; Fire Code Chapter 9 addresses fire protection systems; and Fire Code Chapter 10 addresses fire related means of egress, including fire apparatus access road width requirements. Fire Code Section 4906 also contains existing regulations for vegetation and fuel management to maintain clearances around structures. These requirements establish minimum standards to protect buildings located in FHSZs within SRAs and WUI Fire Areas. This code includes provisions for ignition-resistant construction standards for new buildings. California Code of Regulations Title 14 – Fire Safe Roads The Board of Forestry maintains fire safe road regulations, as part of CCR Title 14. This includes requirements for road width, surface treatments, grade, radius, turnarounds, turnouts, structures, driveways, and gate entrances. These regulations are intended to ensure safe access for emergency wildland fire equipment and civilian evacuation. California Assembly Bill 747 and Senate Bill 99 California Assembly Bill (AB) 747 (2019) requires that the safety element be reviewed and updated to identify emergency evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. This will be a requirement for all safety elements or updates to hazard mitigation plans completed after January of 2022. California Senate Bill (SB) 99 (2019) requires review and update of the safety element to include information to identify residential developments in hazard areas that do not have at least two emergency evacuation routes. In essence, this legislation assists in identifying neighborhoods and households within a hazard area that have limited accessibility. This is intended to assist the city with identifying opportunities to improve connectivity and evacuation capacity (generally). The entire City of Carlsbad is subject to one or more hazards. California Emergency Plan The foundation of California’s emergency planning and response is a Statewide mutual aid system, which is designed to ensure that adequate resources, facilities, and other support is provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation. The California Disaster and Civil Defense Master Mutual Aid Agreement (California Government Code Sections 8555–8561) requires signatories to the agreement to prepare operational plans to use within their jurisdiction, and outside their area. These plans include fire and non-fire emergencies related to natural, technological, and war contingencies. The State of California, all State agencies, all political subdivisions, and all fire districts signed this agreement in 1950. Section 8568 of the California Government Code, the “California Emergency Services Act,” states that “the State Emergency Plan shall be in effect in each political subdivision of the State, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.” The Act provides the basic authorities for conducting emergency operations following the proclamations of emergencies by the Governor or appropriate local authority, such as a City Manager. The provisions of the Act are reflected and expanded on by appropriate local emergency ordinances. The Act further describes the function and operations of government at all levels during extraordinary emergencies, including war. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-10 All local emergency plans are extensions of the California Emergency Plan. The State Emergency Plan conforms to the requirements of California’s Standardized Emergency Management System (SEMS), which is the system required by Government Code 8607(a) for managing emergencies involving multiple jurisdictions and agencies. The SEMS incorporates the functions and principles of the Incident Command System (ICS), the Master Mutual Aid Agreement, existing mutual aid systems, the operational area concept, and multi-agency or inter-agency coordination. Local governments must use SEMS to be eligible for funding of their response-related personnel costs under State disaster assistance programs. The SEMS consists of five organizational levels that are activated as necessary, including: field response, local government, operational area, regional, and State. CalOES divides the State into several mutual aid regions. Carlsbad is in mutual aid region VI. California Senate Bill 1241 California SB 1241 requires cities and counties to address fire risk in SRAs and Very High FHSZs in the safety element of their general plans. The bill also amended CEQA to direct amendments to the CEQA Guidelines Appendix G environmental checklist to include questions related to fire hazard impacts for projects located in or near lands classified as SRAs and Very High FHSZs. In adopting these Guidelines amendments, OPR recognized that generally, low-density, leapfrog development may create higher wildfire risks than high-density, infill development.3 California Public Resources Code The California Public Resources Code (PRC) includes fire safety regulations that restrict the use of equipment that may produce a spark, flame, or fire; require the use of spark arrestors on construction equipment that use an internal combustion engine; specify requirements for the safe use of gasoline-powered tools in fire hazard areas; and specify fire suppression equipment that must be provided on-site for various types of work in fire-prone areas.  These regulations include the following: Earthmoving and portable equipment with internal combustion engines would be equipped with a spark arrestor to reduce the potential for igniting a wildland fire (PRC § 4442);  Appropriate fire suppression equipment would be maintained during the highest fire danger period—from April 1 to December 1 (PRC § 4428);  On days when a burning permit is required, flammable materials would be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame, and the construction contractor would maintain the appropriate fire suppression equipment (PRC § 4427); and  On days when a burning permit is required, portable tools powered by gasoline-fueled internal combustion engines would not be used within 25 feet of any flammable materials (PRC § 4431). California Public Utilities Commission General Order 166 General Order 166 Standard 1.E requires that investor-owned utilities (IOU) develop a Fire Prevention Plan which describes measures that the electric utility will implement to mitigate the threat of power-line fires generally. Additionally, this standard requires that IOUs outline a plan to mitigate power line fires when wind conditions exceed the structural design standards of the line during a Red Flag Warning in a high fire threat area. Fire Prevention Plans created by IOUs are required to identify specific parts of the utility’s service territory where the conditions described 3 “Leapfrog development” describes the construction of new development at a distance from existing developed areas, with undeveloped land between the existing and new development. Wildfire Supplemental Environmental Impact Report 4.15-11 above may occur simultaneously. Standard 11 requires that utilities report annually to the California Public Utilities Commission (CPUC) regarding compliance with General Order 166 (CPUC 2017). c. Regional and Local Carlsbad General Plan The current Carlsbad General Plan, adopted in 2015, lists several policies related to wildfire in the Public Safety Element. The existing Public Safety Element policies would be replaced by the updated Public Safety Element policies as part of this project; therefore, policies from the 2015 General Plan that are being removed as part of the Public Safety Element Update are not listed below. Proposed policies of the updated Safety Element are included in Section 4.7.3, Impact Analysis. A Land Use and Community Design Element goal listed below would apply (City of Carlsbad 2015): Goal 2-G.21 Ensure that adequate public facilities and services are provided in a timely manner to preserve the quality of life of residents. City of Carlsbad Landscape Manual Carlsbad published the latest version of the Landscape Manual in February 2016 to aid applicants, qualified professionals, and residents, in understanding the City’s policies, programs and requirements for landscaping, and to provide guidance for implementation of Carlsbad Municipal Code Chapter 18.50 - Water Efficient Landscape Ordinance (WELO). The City’s WELO implements the State of California Water Conservation in Landscaping Act to reduce water use associated with irrigation of outdoor landscaping by setting a maximum amount of water to be applied to landscaping and by designing, installing and maintaining water efficient landscapes not to exceed the maximum water allowance. The Landscape Manual is relevant for wildfire prevention since it is designed for consistency with policies regarding fire protection and slope erosion control (City of Carlsbad 2016). San Diego County Emergency Operations Plan The San Diego County EOP describes a comprehensive emergency management system which provides for a planned response to disaster situations associated with natural disasters, technological incidents, terrorism and nuclear-related incidents. It delineates operational concepts relating to various emergency situations, identifies components of the Emergency Management Organization, and describes the overall responsibilities for protecting life and property and assuring the overall wellbeing of the population. The plan also identifies the sources of outside support which might be provided (through mutual aid and specific statutory authorities) by other jurisdictions, state and federal agencies and the private sector. Annex B addresses emergency operations related to wildfire (San Diego County 2022). San Diego County Multi-Jurisdictional Hazard Mitigation Plan The San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was prepared to comply with the Disaster Mitigation Act of 2000 to increase disaster planning funding. It is intended to educate the public, help serve as a decision-making tool, supplement and enhance local policies regarding disaster planning, and improve multi-jurisdiction coordination. Topics related to wildfire are addressed in the MJHMP. The San Diego County OES is responsible for coordinating with local jurisdictions and participating agencies to monitor, evaluate, and update the MJHMP as necessary. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-12 The MJHMP identifies goals for hazard mitigation in Carlsbad and various actions are outlined in the MJHMP to assist the city in reaching this goal (San Diego County 2018). 4.15.3 Impact Analysis a. Methodology and Significance Thresholds Significance Thresholds Pursuant to the CEQA Guidelines, potentially significant impacts to wildfire would result if the project, if located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would: 1) Substantially impair an adopted emergency response plan or emergency evacuation plan. 2) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. 3) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. 4) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. In addition, pursuant to Section 9, Hazards and Hazardous Materials, of Appendix G of the CEQA Guidelines, a potentially significant impact would occur if the proposed project would: 1) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires. The EIR prepared for the previous General Plan did not address wildfire impacts in an individual section, as this issue area was added to the CEQA Checklist as a standalone resource as part of the December 2018 CEQA Guidelines update. However, wildfire and evacuation was addressed in Section 3.6, Hazards and Hazardous Materials in the EIR for the 2015 General Plan. Methodology Cal FIRE Hazard Severity Maps were consulted in determining Carlsbad’ proximity to SRAs or lands classified as very high fire hazard severity zones. Impacts related to wildfire hazards and risks were evaluated using FHSZ mapping for Carlsbad, aerial imagery, and topographic mapping. Additionally, weather patterns related to prevailing winds and precipitation trends were evaluated as they relate to the spread and magnitude of wildfire. It was assessed whether the proposed project would risk exacerbating those existing environmental conditions or causing new direct, indirect, or cumulative impacts to other aspects of the environment. California Attorney General Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act restates the CEQA requirement that an EIR analyze “any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area affected,” including by locating development in wildfire risk areas. As such, this evaluation assesses whether projects located in or near State responsibility areas or lands classified as very high fire hazard severity zones would Wildfire Supplemental Environmental Impact Report 4.15-13 exacerbate wildfire risks, and thereby expose people or structures to significant risks during or post wildfire event; require the installation of emergency-related infrastructure; or result in temporary or ongoing impacts to the environment. In addition, pursuant to California Attorney General Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act, this evaluation assesses whether projects located in or near State responsibility areas or lands classified as very high fire hazard severity zones would substantially impair an adopted emergency response plan or emergency evacuation plan. b. Prior Environmental Analysis The 2015 General Plan EIR determined that impacts would be less than significant for interference with an adopted emergency response or evacuation plan and risk from wildland fire in lands adjacent to urbanized or residential areas (Section 3.6, Hazards and Hazardous Materials, Airport Safety, and Wildfires: 3.6-27 through 3.6-37). It further stated that individual development projects would be subject to project-specific development and planning review, including adherence to standards for wildfire safety. The proposed project involves land use changes to encourage development on the 18 rezone sites beyond what was anticipated in the 2015 General Plan EIR and could therefore result in new impacts related to wildfire. Therefore, all the CEQA checklist items listed above under Methodology and Significance Thresholds are addressed in this analysis. c. Project Impacts and Mitigation Measures Some components associated with the project, including updates to the Local Coastal Plan and master and specific plans for consistency between the city’s planning documents, in and of themselves would not result in physical changes to the environment such that impacts to wildfire would occur. Therefore, this analysis focuses on impacts associated with implementation of the rezone program which would facilitate the development of 18 rezone sites listed in Table 2-4 in Section 2, Project Description. Where appropriate, updates to the Public Safety Element are discussed and analyzed, including new or revised policies or programs that address wildfire or emergency response/access or evacuation. Threshold 1: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan? Impact WF-1 SIMILAR TO THE DEVELOPMENT ANALYZED IN 2015 GENERAL PLAN, DEVELOPMENT FACILITATED BY THE PROJECT WOULD RESULT IN ADDITIONAL POPULATION AND VEHICLE MILES TRAVELED IN THE CITY. THE PROJECT COULD RESULT IN CHANGES TO EMERGENCY EVACUATION ROUTES OR COULD INCREASE ROADWAY CONGESTION SUCH THAT THE USE OF AN EVACUATION ROUTE WOULD BE HINDERED. HOWEVER, IMPACTS WOULD REMAIN LESS THAN SIGNIFICANT. San Diego County implements the San Diego County EOP, which addresses the response to emergency incidents associated with emergencies affecting San Diego County, including Carlsbad. The County EOP establishes the emergency management organization for emergency response, establishes operational concepts associated with emergency management, and provides a flexible platform for planning emergency response in the County. Consistent with the County EOP purpose to provide a system for effective management of emergency situations, development facilitated by City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-14 the project would provide emergency vehicle access points and adequate fire truck and apparatus turning radii and clearance for purposes of adequate emergency access and response within Carlsbad in compliance with California Fire Code. As such, implementation of emergency response and evacuation procedures may not be affected as a result of development facilitated by the project. The project does not propose physical changes such as realigned or closed-off roadways or changes in general transportation circulation and access that would interfere or impair emergency response or evacuation citywide. As such, the project would also not result in changes to emergency evacuation routes such that use of an evacuation route, including Interstate 5, would be hindered. Development facilitated by the project would accommodate future population growth and would increase vehicle miles traveled in the city by approximately two percent by 2035 (see Appendix E). This slight increase could lead to increased roadway congestion during emergency evacuations. However, the city would review and approve projects citywide, specifically development on the 18 rezone sites, to ensure that emergency access meets city standards. Development facilitated by the project would also comply with road standards and would be reviewed by the City of Carlsbad Fire Department to ensure development would not interfere with evacuation routes and would not impede the effectiveness of evacuation plans. Additionally, as was found in the 2015 General Plan EIR, policies from the Public Safety Element would further reduce impacts related to emergency response. Policies listed below from the updated Public Safety Element would reduce impacts by improving emergency and evacuation preparedness: Policy 6-P.70 Implement and maintain the City of Carlsbad Emergency Operations Plan, the Multi- jurisdictional Hazard Mitigation Plan (MJHMP), and other relevant emergency plans, policies, and procedures. Policy 6-P.71 Promote public awareness of potential natural and man-made hazards, measures that can be taken to protect lives and property. Policy 6-P.72 Inform the public and contractors of the danger involved and the necessary precautions that must be taken when working on or near pipelines or utility transmission lines. Policy 6-P.73 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Policy 6-P.74 Maintain roadways that are likely to function as key evacuation routes. Policy 6-P.75 Provide resources to City of Carlsbad staff regarding appropriate emergency preparedness and response activities as well as designed roles and responsibilities as Disaster Service Workers. Conduct routine trainings for all-hazards emergency preparedness and response. Policy 6-P.76 Facilitate restriction of parking, construction permits or right-of-way encroachment permits on high fire days in neighborhoods in and near fire hazard zones and along critical evacuation routes. Policy 6-P.78 Develop and maintain emergency evacuation capabilities in conjunction with regional partners and regional plans such as the San Diego County Emergency Operations Plan. Wildfire Supplemental Environmental Impact Report 4.15-15 Policy 6-P.79 Continue to communicate to the public on essential resources and procedures through a variety of communication tools and in multiple languages on topics including:  Education on the California Standard Statewide Evacuation Terminology.  Emergency evacuation checklists for residents.  Creation and education of the public on evacuation maps.  Available transportation services.  Evacuation shelter and support service options. The Public Safety Element includes an update to evacuation routes, in compliance with AB 747 and SB 99. Pursuant to SB 99, the city identifies residential developments with fewer than two routes that can be used for emergency evacuation in the Public Safety Element. As illustrated in Figure 6-13 of the proposed Public Safety Element Update, there are six neighborhoods located throughout the city that are within or adjacent to wildfire hazard zones that lack more than one access routes for evacuation. Sites 4 and 19 are within one of these neighborhoods. However, all neighborhoods have points of ingress/egress outside of Very High Fire Hazard Severity Zones. As stated in the Public Safety Element Update, the City of Carlsbad has emergency operations plans and mutual aid agreements with other responsive agencies that can, to a large extent, utilize the roadway network effectively through operational changes to maximize existing capacity in the most effective manner. Further, Policies 6-P.70 through 6-P.79 as well as proposed Policies 6-P.66 and 6-P-67 listed below in the Public Safety Element Update would reduce impacts associated with emergency evacuation for sites with fewer than two access routes. Policy 6-P.66 Provide fire hazard education and fire prevention programs to Carlsbad residents and businesses with targeted outreach to vulnerable populations and occupants of Moderate, High, and Very High Fire Hazard Severity Zones neighborhoods and/or single access neighborhoods. Policy 6-P.67 Prioritize engagement with single access neighborhoods to encourage home retrofits to meet current standards on structure hardening and road standards, proactively enforce defensible space standards, and conduct emergency preparedness trainings. Overall, because the County EOP would address emergency response and emergency evacuation, compliance with California Fire Code would occur (i.e., adequate emergency vehicle access and maneuverability), and new Public Safety Element policies would reduce impacts, the proposed project’s impacts related to impairment of an adopted emergency response plan or emergency evacuation plan would be less than significant, as concluded in the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, this impact would be less than significant without mitigation. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-16 Threshold 2: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Threshold 3: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Threshold 4: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Threshold 5: Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Impact WF-2 CARLSBAD IS LOCATED WITHIN A LOCAL RESPONSIBLY AREA VERY HIGH FIRE HAZARD SEVERITY ZONE AND ADJACENT TO A STATE RESPONSIBILITY AREA VERY HIGH FIRE HAZARD SEVERITY ZONE. COMPLIANCE WITH APPLICABLE POLICIES, CODES AND REGULATIONS WOULD REDUCE THE RISK OF LOSS, INJURY, OR DEATH FROM WILDFIRE ASSOCIATED WITH DEVELOPMENT FACILITATED BY THE PROJECT. THIS IMPACT WOULD REMAIN LESS THAN SIGNIFICANT. Carlsbad contains some steep terrain and is located near open space areas in the easternmost portion. Carlsbad is located adjacent to an SRA Very High Fire Hazard Severity Zone and in a LRA Very High Fire Hazard Severity Zone. The LRAs, as shown in Figure 4.15-1, are mostly in the eastern and less developed area of the city. Sites 1, 2, 4, 6, 7, 11, 12, and 19 are either in or less than 0.25 miles from a LRA Very High Fire Hazard Severity Zone. Development facilitated by the project would be subject to the California Fire Code, which includes safety measures to minimize the threat of fire, such as noncombustible or ignition-resistant building materials for exterior from the surface of the ground to the roof system and sealing any gaps around doors, windows, eaves, and vents to prevent intrusion by flame or embers. Construction would also be required to meet CBC requirements, including CCR Title 24, Part 2, which includes specific requirements related to exterior wildfire exposure. In addition, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply; this help prevent loss of structures or life by reducing access limitations for purposes of accessing and suppressing wildfire locations. Furthermore, the Board of Forestry, via CCR Title 14, sets forth the minimum development standards for emergency access, fuel modification, setback, signage, and water supply, which help prevent loss of structures or life by reducing wildfire hazards. Sites 1, 2, 4, 6, 7, 11, 12, and 19 would be subject to these requirements prior to approval and development. Additionally, as was found in the 2015 General Plan EIR, policies in the Public Safety Element and Goal 2-G.21 of the Land Use and Community Design Element would further reduce impacts of wildfire. Policies listed below from the Public Safety Element Update would be updated under the proposed project and were designed to account for California Attorney General Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Wildfire Supplemental Environmental Impact Report 4.15-17 Environmental Quality Act. Therefore, implementation of these updated policies would help to reduce impacts. Policy 6-P.48 Enforce the most current California Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.50 Coordinate with Carlsbad Municipal Water District, Olivenhain Municipal Water District, and Vallecitos Water District to ensure that water pressure for existing developed areas is adequate for firefighting purposes during the season and time of day when domestic water demand on a water system is at its peak. Policy 6-P.51 Permit development only within areas that have adequate water resources available, to include water pressure, onsite water storage, or fire flows. Policy 6-P.52 Maintain and implement Wildland/Urban Interface Guidelines for new and existing development within neighborhoods that are proximal to existing fire hazard severity zones. Decrease the extent and amount of edge or wildland urban interface where development is adjacent to fire hazard severity zones. Policy 6-P.53 Use strategies, such as community organization volunteer partnerships and environmentally friendly fuel reduction and weed abatement approaches, as prevention measures to minimize the risk of fires. Engage in fire hazard reduction projects, including community fire breaks and private road and public road clearance. Policy 6-P.54 To increase resistance of structures to heat, flames, and embers, review current building code standards and other applicable statutes, regulations, requirements, and guidelines regarding construction, and specifically the use and maintenance of non-flammable materials (both residential and commercial). Promote the use of building materials and installation techniques beyond current building code requirements, to minimize wildfire impacts as well as fire protection plans for all development. Policy 6-P.55 In planned developments that may occupy the wildland urban interface, High and Very High Fire Hazard Severity Zones, increase resilience during a potential wildfire evacuation through:  Enforcing visible address numbers painted on sidewalks enforced through the city.  Applying special construction features found in California Building Code Chapter 7A for developments in Very High Fire Hazard Severity Zones & High Fire Hazard Severity Zones areas.  Developing and/or adapting multiple language accessible materials for how to prepare your family and home for an evacuation and go kit.  Identifying and preparing at risk and vulnerable populations that may need assistance to evacuate.  Maintaining critical evacuation routes, community fire breaks, emergency vehicle access.  Requiring adequate access (ingress, egress) to new development, including safe access for emergency response vehicles  Identification of anticipated water supply for structural fire suppression. City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-18  Developing fuel modification plans for all new developments. Policy 6-P.56 Evaluate soils and waterways for risks from flooding, water quality, and erosion to ensure that they are suitable to support redevelopment following a large fire. Policy 6-P.57 In the event of a large fire, evaluate re-development within the impacted fire zone to conform to best practice wildfire mitigation. Policy 6-P.58 Coordinate with telecommunication service entities and the San Diego County Communication Department to fire-harden communications. Policy 6-P.59 Limit new development along steep slopes and amidst rugged terrain to limit rapid fire spread and increase accessibility for firefighting. Policy 6-P.60 Develop and implement density management strategies that cluster residential developments and minimize low-density exurban development patterns to reduce amounts of flammable vegetation and collective exposure to wildfire risk. When feasible and practicable, require new residential development to be located outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Should new residential development be located in VHFHSZ’s, then require that it be built to the current California Building Code and Fire Code. Policy 6-P.61 When feasible, site new residential developments and critical facilities outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Protect and harden critical facilities from natural hazards and minimize interruption of essential infrastructure, utilities, and services. Policy 6-P.62 Site structures to maximize low-flammability landscape features to buffer against wildfire spread. Policy 6-P.63 Require that new development have adequate fire protection, including proximity to adequate emergency services, adequate provisions for fire flow and emergency vehicle access and fire hardened communication, including high speed internet service. Policy 6-P.64 Ensure that the Carlsbad Fire Department has complete access to all locations in the City, including gated residential communities and critical infrastructure. Policy 6-P.65 Coordinate with San Diego Gas & Electric to implement an electrical undergrounding plan with a focus on critical evacuation roadways and areas with highest wildfire risk. Policy 6-P.66 Provide fire hazard education and fire prevention programs to Carlsbad residents and businesses with targeted outreach to vulnerable populations and occupants of Moderate, High, and Very High Fire Hazard Severity Zones neighborhoods and/or single access neighborhoods. Policy 6-P.67 Prioritize engagement with single access neighborhoods to encourage home retrofits to meet current standards on structure hardening and road standards, proactively enforce defensible space standards, and conduct emergency preparedness trainings. Policy 6-P.68 Continue to maintain and update the city’s Water Master Plan to identify and secure resources to meet future fire suppression needs and require future Wildfire Supplemental Environmental Impact Report 4.15-19 development to provide the water system improvements necessary to meet their demands. Policy 6-P.69 Continue to maintain/contribute to updates to the Urban Area Security Strategy and the MJHMP to identify and prepare for future emergency service needs. For fire preparedness, continue to prepare a Standards of Coverage study to evaluate risks and prepare recommendations to mitigate those risks. Section 4.14, Utilities and Service Systems, discusses the Urban Water Management Plan for San Diego County Water Authority and determined that there are sufficient water supplies to accommodate the anticipated population growth throughout their service area (including Carlsbad) through 2045. In addition, Carlsbad is located in urbanized parts of the San Diego County Water Authority service area. As discussed under Impact UTIL-2, there would be sufficient water supplies available to serve the project during normal, dry, and multiple dry years. In compliance with the California Fire Code, Part 9 of the CBC, development facilitated by the project would follow standards for fire safety such as fire flow requirements for buildings, fire hydrant location, and distribution criteria. Further, as discussed in Section 4.14, Utilities and Service Systems, under Impact UTIL-1, major upgrades to electric power or natural gas and telecommunications transmission lines and other facilities are not anticipated; therefore, installation or maintenance of associated infrastructure with development facilitated by the project would not exacerbate fire risk. Impacts related to downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes would be reduced by compliance with the CBC and CMC, as well as applicable General Plan policies, as discussed and outlined under Impact GEO-2 in Section 4.5, Geology and Soils. Other impacts related to wildfire that would result from specific project development characteristics would be considered when the city reviews those specific development proposals. While development facilitated by the project could be prone to and exacerbate wildfires, including impacts resulting from downslope or downstream flooding or landslides, as a result of runoff, post- fire slope instability, or drainage changes, compliance with the CBC, CMC, and Public Safety Element policies outlined above would reduce impacts. These policies would make structures more fire resistant and less vulnerable to loss in the event of a wildfire as well as reduce the potential for construction to inadvertently ignite a wildfire. Therefore, the project’s impact related to wildfire exposure and exacerbation risk would be less than significant, similar to the conclusion under the 2015 General Plan EIR. Mitigation Measures No mitigation measures are required because, like under the 2015 General Plan EIR, this impact would be less than significant without mitigation. d. Cumulative Impacts The geographic scope for cumulative wildfire impacts is all of the city and adjacent areas. This geographic scope is appropriate for wildfire because wildfires can cause impacts to large areas. Adjacent development that is considered part of the cumulative analysis includes buildout of General Plans for cities on Carlsbad’s border, including Oceanside, Encinitas, Vista, and San Marcos. As discussed in this impact analysis, projects carried out under the project may increase the potential for wildfire, but implementation of the policies contained in the project, combined with compliance with existing laws and regulations would reduce project-level impacts. While cumulative City of Carlsbad Housing Element Implementation and Public Safety Update 4.15-20 development in and near Very High Fire Hazard Severity Zones could also exacerbate wildfire risks in the geographic scope, the proposed project would not significantly exacerbate wildfire risk in Carlsbad’s Very High Fire Hazard Severity Zone, a cumulative impact may occur but the proposed projects’ contribution would not be cumulatively considerable, similar to the less than significant conclusion in the 2015 General Plan EIR. Environmental Impact Analysis Other Environmental Issue Areas Analyzed Supplemental Environmental Impact Report 4.16-1 4.16 Other Environmental Issue Areas Analyzed CEQA Guidelines Section 15128 requires an EIR (or an SEIR) to briefly describe any possible significant effects that were determined not to be significant and, therefore, were not discussed in detail. This section addresses the potential environmental effects of the proposed project that were determined not to be significant. The topics listed below are drawn from the environmental checklist form included in CEQA Guidelines Appendix G. CEQA topics not addressed in this section are included in Sections 4.1 through 4.15 of this SEIR. 4.16.1 Agricultural and Forestry Resources The proposed project would have a significant impact with respect to agricultural and forestry resources if it would: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on 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)); 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; or 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. The proposed project would not produce an adverse environmental impact concerning the conversion of Important Farmland to urban or other uses. There are no proposed land use changes that would affect the status of the Flower Fields, the sole property subject to Williamson Act contracts (DOC 2016). Additionally, there are no areas in Carlsbad zoned as forest or timberland. 4.16.2 Energy The proposed project would have a significant impact with respect to energy resources if it would: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation; or b. Conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Construction and maintenance on development facilitated by the proposed project would result in short-term consumption of energy resulting from the use of construction equipment and processes. During construction activities, energy would be needed to operate construction equipment. In addition, construction materials require energy to be produced, and would likely be used in projects that involve new construction or replacement of older materials. The California Green Building Standards Code (CALGreen) includes specific requirements related to recycling, construction materials, and energy efficiency standards, which would apply to construction projects envisioned by the proposed project and help to minimize waste and energy consumption. All construction City of Carlsbad Housing Element Implementation and Public Safety Element Update 4.16-2 conducted pursuant to the proposed project would be required to comply with the CALGreen and would thus reduce energy consumption associated with buildout of the project. All future development under the proposed project would be required to comply with the latest California Building Code (CBC) requirements, including CBC Energy Efficiency Standards, as well as all federal, state, and local rules and regulations pertaining to energy consumption and conservation. Through implementation of city policies as delineated in the General Plan, and concurrent implementation of the Climate Action Plan, the proposed project would support the San Diego Regional Energy Strategy renewable energy goals and would not conflict with any applicable plan, policy, or regulation adopted regarding renewable energy or energy efficiency. 4.16.3 Mineral Resources The proposed project would have a significant impact with respect to mineral resources if it would: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state, or 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. The City of Carlsbad does not have mineral resources of economic value or active mining sites (City of Carlsbad 2015). Historically, the Quarry Creek Master Plan area within Carlsbad was previously utilized for aggregate minerals extraction and a hard rock quarry that was regionally valuable. Mining operations at the Quarry Creek site were terminated in 1995 because the mineral resources at the site were considered to be realized after the course of 34 years of mining operations. Currently, no mineral resources of economic value to the region and the residents of the state have been identified in Carlsbad. Carlsbad has not been delineated as a locally important mineral recovery site. Therefore, the proposed project would have no impact on any known mineral resources. Other CEQA Required Discussions Supplemental Environmental Impact Report 5-1 5 Other CEQA Required Discussions This section analyzes the impacts of the proposed project on growth inducing and long-term effects. A similar analysis was provided in the 2015 General Plan EIR; however, land use changes to the 18 rezone sites to implement the Housing Element and updates to the Public Safety Element, Local Coastal Program, and various Master and Specific Plans would occur under the proposed project, which requires an updated analysis. 5.1 Growth Inducement CEQA Guidelines Section 15126.2(d) requires a discussion of a proposed project’s potential to induce growth. Specifically, an EIR (or SEIR) must discuss the ways in which the proposed project could foster economic or population growth. Included in this are projects which would remove obstacles to population growth. In addition, the EIR (or SEIR) must discuss how the project may encourage and/or facilitate other activities that could significantly affect the environment. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Economic and population growth do not necessarily create significant physical changes to the environment. However, depending upon the type, magnitude, and location of growth, it can result in significant environmental effects. A project’s growth-inducing potential is therefore considered significant if growth generated by the project could result in significant effects in one or more environmental issue areas. 5.1.1 Economic Growth The proposed project would involve land use changes on the 18 rezone sites to facilitate housing. This would generate construction and maintenance employment opportunities. Because construction workers would be expected to be drawn from the existing regional work force, project construction would not be growth-inducing from an employment standpoint. The proposed project would not be expected to induce substantial economic expansion to the extent that direct physical environmental effects would result. Although such growth may incrementally increase economic activity in Carlsbad, significant physical effects beyond those impacts discussed in this SEIR are not expected to result from economic growth generated by the proposed project. Impacts associated with such growth are discussed in Sections 4.1 through 4.16 of this SEIR. 5.1.2 Population Growth The project does not involve the expansion of existing urban service areas or extension of infrastructure outside of existing urban service areas; rather, it involves increased density within established urban service areas. In addition, the proposed project would not involve the extension of roads or other infrastructure that could indirectly lead to population growth. As discussed in Section 4.11, Population and Housing, development facilitated by the proposed project would directly generate population growth. Specifically, the project would facilitate an estimated population growth of 8,260 persons based on the maximum project-facilitated buildout of 3,295 housing units. The addition of 8,260 new residents to the city, combined with remaining residential growth potential under current General Plan residential land use designations, would City of Carlsbad Housing Element Implementation and Public Safety Element Update 5-2 increase Carlsbad’s population from 117,800 residents to 141,670 residents1 in 2035. However, as discussed in Section 4.11, the proposed project constitutes as planned population growth in accordance with the Regional Housing Needs Allocation (RHNA) as planned for the in the city’s Housing Element. The city’s RHNA is provided by the San Diego Association of Governments (SANDAG) to plan for expected growth in the region. Impacts associated with population growth facilitated by the proposed project are analyzed throughout this SEIR. As discussed in Section 5.2 below, the proposed project would result in significant environmental effects with respect to air quality, cultural resources, noise, transportation, and wildfire. 5.1.3 Removal of an Impediment to Growth The rezone sites are located in General Plan-designated urban service areas that are served by existing infrastructure. The project would not result in sewer or water services being extended outside existing urban service areas. As discussed in Section 4.14, Utilities and Service Systems, development is within existing utility service areas. Improvements to water, sewer, and drainage connection infrastructure would be needed at some of the rezone sites (including expanded pipeline and potentially new pumps) but would be sized to specifically serve the individual project and site. These water and sewer utility extensions would be limited in extent and would be contained within designated urban service areas. These extensions would not result in additional growth surrounding the rezone, as future development in urban service areas is already anticipated by the General Plan. No new roads would be required. Because the project would facilitate development within already established urbanized areas, project implementation would not remove an obstacle to growth. 5.2 Irreversible Environmental Effects CEQA Guidelines Section 15126.2(c) requires a discussion of significant irreversible environmental changes that would occur as a result of a proposed project. The proposed project would facilitate infill residential development on developed, underdeveloped or vacant sites in Carlsbad. Construction and operation of development facilitated by the project would involve an irreversible commitment of construction materials and non-renewable energy resources. Development would involve the use of building materials and energy, some of which are non-renewable resources, to construct new residential buildings and associated infrastructure and landscaping. Consumption of these resources would occur with any development in the region and are not unique to the proposed project. Temporary power may also be provided for construction trailers and electric construction equipment. On-site construction would irreversibly increase local demand for non-renewable energy resources such as petroleum and natural gas. In addition to on- site energy use during construction, the off-site production of building materials also may consume non-renewable energy sources. For instance, the manufacture of steel, cement, glass, and bricks relies on kiln processes that are fossil-fuel intensive. The consumption of non-renewable building materials and energy sources during construction and operation would occur with any development in the region and is not unique to Carlsbad or the project. Moreover, state and federal regulations would offset the increase in demand for non-renewable materials to some degree. 1 The population is based on calculations developed by the city for the 2015 General Plan EIR to estimate population at buildout. The estimate assumes 2.63 persons per household, with a 5.5 percent vacancy rate, and 0.86 percent of residents as group quarters (56,516 * 2.63 * 0.945 *1.0086 = 141,670). Other CEQA Required Discussions Supplemental Environmental Impact Report 5-3 Growth facilitated by the proposed project would require a long-term, irreversible commitment of law enforcement, fire protection, water supply, and wastewater treatment. As discussed in Section 4.12, Public Services and Recreation and 4.14, Utilities and Service Systems, impacts to public services and utilities would be less than significant level given compliance with existing laws and regulations as well as 2015 General Plan policies and policies in the Public Safety Element Update. Long-term irreversible environmental changes are associated with increased asphalt or concrete paving from new related direct and cumulative impacts to aesthetics, biological resources, geology and soils, and hydrology and water quality. These types of environmental changes were evaluated in the 2015 General Plan EIR, and the effects of the proposed project would not be substantially different or more severe than previously identified in the 2015 General Plan EIR. Additionally, the mitigation measures prescribed to minimize these effects would be required. The additional vehicle trips associated with the proposed project would incrementally increase local traffic, noise levels, greenhouse gas emissions, and regional air pollutant emissions. As discussed in Section 4.2, Air Quality, impacts associated with air pollution emissions would be significant and unavoidable. As described in Section 4.6, Greenhouse Gas Emissions, the proposed project would represent a cumulatively considerable impact related to GHG emissions. As discussed in Section 4.10, Noise, the increase in traffic noise from additional vehicle trips would have a less than significant impact on sensitive receptors. As discussed in Section 4.13, Transportation, development facilitated by the project would result in significant and unavoidable impacts with respect to vehicle miles traveled (VMT). Therefore, the proposed project would have significant irreversible environmental effects with respect to air quality, GHG emissions, and VMT. As discussed in Section 4.4, Cultural and Tribal Cultural Resources, the proposed project may result in the demolition or significant modification of eligible historical resources which would cause significant and unavoidable impacts to historical resources. Therefore, the proposed project would have significant irreversible environmental effects with respect to historical resources. 5.3 List of Significant and Unavoidable Impacts The 2015 General Plan found that implementation of the 2015 General Plan would result in significant and unavoidable impacts with respect to air quality and transportation. The proposed project would result in the following significant and unavoidable impacts:  Impact AQ-2. Violate any air quality standard or contribute to an existing or projected air quality violation; Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.  Impact CUL-1. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.  Impact GHG-1. The project may generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment and may conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.  Impact NOI-1. Result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.  Impact T-2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) pertaining to vehicle miles traveled (VMT). City of Carlsbad Housing Element Implementation and Public Safety Element Update 5-4 This page intentionally left blank. Alternatives Supplemental Environmental Impact Report 6-1 Alternatives Pursuant to CEQA Section 15163 (b), “the supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.” There is no mandate to include project alternatives in a Supplemental EIR. The 2015 General Plan EIR included the evaluation of a range of alternatives selected for their potential to avoid or lessen environmental impacts of the 2015 General Plan. Although not required for a Supplemental EIR, in light of the impacts identified in this Draft SEIR for the proposed project in comparison to the 2015 General Plan, the city has elected to prepare an alternatives analysis. The primary purpose of this section of the SEIR is to provide decision makers and the general public a reasonable number of feasible alternatives that could attain most of the basic objectives of the proposed project, while avoiding or reducing any of the significant adverse environmental effects of the project. As required by CEQA, this section also includes a discussion of the “environmentally superior alternative” among those studied. The objectives for the proposed project are listed in Section 2.5 of Section 2, Project Description. Included in this analysis are two alternatives, including the CEQA-required “No Project” alternative, that involve changes to the project that may reduce the project-related environmental impacts as identified in this EIR. Alternatives have been developed to provide a reasonable range of options to consider that would help decision makers and the public understand the general implications of revising or eliminating certain components of the proposed project. The following alternatives are evaluated in this EIR:  Alternative 1: No Project Alternative  Alternative 2: Reduced Number of Sites The City Council may consider all feasible alternatives and has the discretion to adopt any of the alternatives proposed. The alternatives proposed are fully actionable in accordance with CEQA Guidelines Section 15126.6 and the analysis provided herein are adequate to enable the City Council to, if desired, select one of the alternatives and approve it rather than the proposed project. 6.1 Methodology The implementation of the proposed project was analyzed for potentially significant impacts related to each of the environmental issues discussed in Sections 4.1 through 4.16. The results of the analysis indicate that the proposed plan would result in the following significant and unavoidable impacts:  Impact AQ-2. Violate any air quality standard or contribute to an existing or projected air quality violation; Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.  Impact CUL-1. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. 6 City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-2  Impact GHG-1. Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment and conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.  Impact NOI-1. Result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.  Impact T-2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) pertaining to vehicle miles traveled (VMT). Where feasible, mitigation measures were identified for the impacts identified above; however, the identified mitigation would not reduce the impacts to less than significant. Thus, even though the proposed project attempts to mitigate its impacts to the greatest extent feasible as required by CEQA, the mitigation is not technically feasible or sufficient or available to reduce impacts from significant and unavoidable. Each alternative is described and analyzed below to determine whether environmental impacts would be similar to, less than, or greater than those of the project for each of the impact issue areas analyzed in this SEIR. It should be noted that because the alternatives analysis is focused on the potentially significant impacts specific to the project, the alternatives to the 2015 General Plan evaluated in the 2015 EIR were not used in this SEIR. 6.2 Alternative 1: No Project Alternative 6.2.1 Description Section 15126.6 of the CEQA Guidelines requires analysis of the No Project Alternative. The No Project Alternative, Alternative 1, is defined as a land use pattern comprised of land use trends according to the 2015 General Plan. It assumes that regional growth trends and land use according to the 2015 General Plan would continue, without the Housing Element Implementation and Public Safety Element Update as proposed under the project. Under Alternative 1, population in the Plan Area for 2035 would be 133,410, consistent with the findings of the 2015 General Plan and acknowledging approved residential development since the General Plan’s adoption. The 18 rezone sites would not be developed at the same capacity under this scenario as it would under the proposed project. Under existing zoning, Alternative 1 would result in the development of approximately 506 units on the 18 rezone sites, which would be 2,789 units fewer than the 3,295 units contemplated for the proposed project. Land use projects would be comprised of those that are currently in construction or are implemented through the 2015 General Plan updated to reflect current conditions. As land use under the current General Plan still has residential capacity (as well as capacity for new non-residential construction, such as new commercial and industrial buildings), the city would continue to grow in terms of housing units, population, non-residential square footage, and jobs. While not an environmental impact under CEQA, this alternative would not be consistent with the required programs of the 2021-2029 Housing Element and the city would be at risk of having the Housing Element “decertified” by the State if this program is not implemented. Alternatives Supplemental Environmental Impact Report 6-3 6.2.2 Impact Analysis a. Aesthetics Implementation of Alternative 1 and continued land use patterns of the 2015 General Plan would result in land uses similar to those envisioned under the land use scenario in the 2015 General Plan. Therefore, Alternative 1 would result in less than significant impacts to scenic vistas, scenic resources, public views, and light and glare as found in the 2015 General Plan EIR. Although some sites such as rezone sites 3 and 8 would still be developed as residential uses under the 2015 General Plan, aesthetic impacts would be slightly reduced when compared to the proposed project as there would less overall development (2,789 fewer residential units though some of the uses would be for commercial or industrial development in accordance with the current land use designations)1. Similar to the 2015 General Plan EIR and the proposed project, no aesthetics mitigation would apply to Alternative 1. b. Air Quality Although implementation of Alternative 1 would result in the development of the same sites as the proposed project, development would not occur in as high of a density or intensity compared to the proposed project, and Alternative 1 would result in the development of 2,789 fewer residential units compared to the proposed project. Therefore, fewer construction-related emissions would be emitted. Similar to the 2015 General Plan, the overall land use scenario envisioned by the Alternative 1 is intended to increase residential land use capacity within existing developed areas, ultimately increasing density. As shown below in Table 6-1, the regional VMT would be higher per capita for Alternative 1 (24.0 VMT per capita) than the proposed project (23.6 VMT per capita), since the proposed project would change land uses to concentrate growth and residences to jobs and services to reduce singular vehicle trips and encourage alternative modes of travel. Overall traffic (VMT) for Alternative 1 would be similar when compared to the traffic levels analyzed in the 2015 General Plan EIR. Since Alternative 1 would result in the development of 2,789 fewer residential units compared to the proposed project, operational emissions would be less for most criteria pollutants than those produced with implementation of the proposed project. Alternative 1 would also result in fewer residents which would reduce the total VMT since there would be fewer vehicles. Nonetheless, although overall impacts to air quality would be decreased under Alternative 1 when compared to the proposed project, Alternative 1 would continue the land use scenario envisioned in the 2015 General Plan and would result in similar threshold exceedances as the 2015 General Plan, resulting in significant and unavoidable impacts. As stated in Section 3.2, Air Quality, of the 2015 General Plan EIR, no mitigation is available beyond the measures identified in the City’s Storm Water Pollution Prevention Plan, Green Building Standards Code, and goals and policies in the General Plan that would reduce impacts to a level that is less than significant. c. Biological Resources Implementation of Alternative 1 would result in fewer impacts to biological resources as compared to the proposed project, considering that Alternative 1 involves development at the same intensity as analyzed in the 2015 General Plan EIR, and would include 2,789 fewer residential units when 1 Under the 2015 General Plan Sites 3 (20 units) and 8 (117 units) would still be developed as residential uses. Site 9 is currently a residentially designated site and site 18 (50 units) has an approved project on the residential portion. City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-4 compared to the proposed project. Since Alternative 1 would also still result in development of the same sites as the proposed project, although mostly for commercial and industrial uses, it would result in similar ground disturbance and impacts to special status plants and animals, critical habitats, and wildlife movement. Therefore, impacts to biological resources would be the same as those found in the 2015 General Plan EIR. Impacts to sensitive plant and animal species, critical habitats and wildlife movement would be similar under Alternative 1 relative to the proposed project since disturbance at the 18 rezone sites would still occur, and adherence to goals and policies outlined in the 2015 General Plan would continue to be required to reduce impacts to a less than significant level. d. Cultural and Tribal Cultural Resources Implementation of Alternative 1 would result in similar impacts to cultural and tribal cultural resources as compared to the proposed project, considering that Alternative 1 involves development at the same intensity as analyzed in the 2015 General Plan EIR. Alternative 1 would result in development of the same sites as the proposed project, and therefore potential to impact known and unknown cultural resources would be the same as compared to the project. As such, the potential to disturb tribal cultural resources, including ancestral remains and sacred sites, would be the same. The similar amount of ground disturbance would occur from the completion of projects under the 2015 General Plan, and similar to the proposed project, development projects under Alternative 1 would be required to adhere to the Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines, which would reduce impacts to archaeological resources to a less than significant level. Since this alternative would include development of the same 18 rezone sites, similar to the proposed project, impacts to historical resources would be significant and unavoidable. Overall, impacts related to cultural and tribal cultural resources would be increased to those found in the 2015 General Plan EIR and similar under this alternative as compared to the proposed project. e. Geology and Soils Implementation of Alternative 1 would result in the same impacts to geological and soil resources as compared to the proposed project, considering that Alternative 1 involves development at the same intensity as analyzed in the 2015 General Plan EIR. Alternative 1 would allow for development under existing zoning, which would involve construction or ground disturbance that could expose and loosen soils and increase the potential for erosion. Future construction on any of the sites would be required to comply with California Building Code requirements, ensuring the stability of new structures during seismic events or due to expansive soils. Development allowed under existing zoning, similar to development facilitated by the proposed project, would occur in areas of moderate and high paleontological sensitivity; however, because this alternative would include the same land use scenario as the 2015 General Plan, impacts would be less than significant. Overall, Alternative 1 would have similar impacts to geology and soils when compared to the proposed project. f. Greenhouse Gas Emissions Implementation of Alternative 1 would result in similar impacts associated with GHG emissions during construction activities as the same 18 rezone sites would be developed compared to the proposed project. However, overall regional VMT per capita would be higher for Alternative 1 than the proposed project since development under Alternative 1 would not have as high of a density or Alternatives Supplemental Environmental Impact Report 6-5 intensity compared to the proposed project, which would place more residents in proximity to jobs, services, and transit, thereby reducing the need for single-occupancy vehicles and reducing VMT per capita. As shown below in Table 6-1, the VMT per capita for Alternative 1 would be higher than for the proposed project. This increase in VMT per capita under Alternative 1 is a result of less residents in proximity to jobs, services, and transit under this scenario. Alternative 1 would have similar but slightly increased GHG impacts on per capita basis compared to the proposed project considering that all 18 rezone sites would still be developed, but fewer residents would be located in proximity to jobs, services, and transit. However, total GHG emissions would be lower under Alternative 1 and Alternative 1 would be consistent with the City’s existing Climate Action Plan (CAP) and thus would be consistent with all applicable plans, policies, and regulations regarding GHG emissions. Therefore, impacts related to the implementation of Alternative 1 would be decreased, as it would be consistent with the current CAP, as compared to the proposed project, and would be similar to the impacts analyzed in the 2015 General Plan EIR. g. Hazards and Hazardous Materials Under the Alternative 1, the transport, storage, and use of hazardous materials associated with construction of development allowed under existing zoning, and operation of housing, commercial and industrial uses, such as paints and solvents, would be required to comply with existing regulations, similar to the proposed project. Development sites under Alternative 1 containing existing contamination would continue to require remediation and compliance with State and local regulations to allow for development under existing zoning. Similar to the proposed project, the same 18 rezone sites would be developed under Alternative 1, where certain sites would be located within the Safety Zones and Airport Influence Areas of the McClellan-Palomar Airport. However, since Alternative 1 would continue the land use patterns of the 2015 General Plan, under this Alternative only 506 residential units would be developed compared to 3,295 under the proposed project. Therefore, Alternative 1 would expose fewer residents to safety hazards or excessive noise from the McClellan-Palomar Airport, and impacts related to airport safety hazards would be slightly reduced compared to the proposed project. Since Alternative 1 analyzes the same land use scenario as in the 2015 General Plan EIR, impacts to hazards and hazardous materials would be the same as those analyzed in the 2015 General Plan EIR. Impacts would be slightly reduced compared to the proposed project. h. Hydrology and Water Quality Alternative 1 would allow development under existing zoning, which could include construction activities that would loosen and expose soils, otherwise increase the potential for soil erosion and sedimentation, and create new or additional impervious surfaces. Alternative 1 would be consistent with the land use and development scenario analyzed in the 2015 General Plan EIR and would include the 18 rezone sites included in the proposed project. However, Alternative 1 would develop some the 18 rezone sites as industrial or commercial uses, compared to residential uses under the proposed project, which has a higher potential for violating water quality standards or depleting groundwater supplies, resulting in slightly higher impacts compared to the proposed project. Nonetheless, similar to the proposed project, with compliance with applicable laws and regulations, Alternative 1 would not substantially decrease groundwater supplies or violate water quality standards. Impacts to hydrology and water quality would be the same as those in the 2015 General Plan EIR and similar to the proposed project. City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-6 i. Land Use and Planning Under Alternative 1, the selected rezone sites from the project would retain their existing zoning, and future buildout would be similar to the analysis in the 2015 General Plan EIR. Alternative 1 would not alter connectivity with adjacent areas or divide established communities. Future development under existing zoning would be required to comply with regulatory goals and policies, similar to the proposed project. Alternative 1 would not promote high-density housing opportunities to the extent that the proposed project would (since only 506 units would be developed compared to 3,295 with the proposed project). As noted above in the description of this alternative, this alternative would not be consistent with the required programs of the 2021-2029 Housing Element and the city would be at risk of having the Housing Element “decertified” by the State if this program is not implemented. As a result impacts to land use and planning would be similar, though slightly increased, to the proposed project and the 2015 General Plan EIR. j. Noise Under Alternative 1, temporary construction-related noise impacts would continue to occur at the 18 rezone sites, as with the proposed project. Additionally, given that exact details of future construction projects are still currently unknown, it is conservatively assumed that construction noise may exceed applicable thresholds, and impacts would remain significant and unavoidable. Furthermore, since construction would be reduced, construction vibration impacts would also be reduced compared to the proposed project. With the continued implementation of Mitigation Measure NOI-2, vibration impacts associated with construction activities would be less than significant, similar to the proposed project. Under Alternative 1, operational noise impacts would occur at the 18 rezone sites facilitated by the proposed project. Development activities permitted under the zoning and land use designations outlined in the 2015 General Plan EIR would result in less than significant impacts from operational noise activities as with the proposed project, such as noise generated from HVAC equipment, vehicle activity, and outdoor activity areas. Therefore, under this alternative, operational noise impacts would be similar to the proposed project and the 2015 General Plan EIR. k. Population and Housing Since development would follow land uses consistent with the 2015 General Plan EIR, Alternative 1 would not induce substantial population growth, as the development allowed in accordance with the existing Land Use Element and Land Use Map is already accounted for in regional population and housing projections. As a result, Alternative 1 would not contribute to unplanned growth and would also not displace people or housing. Alternative 1 would have no impacts to population and housing, while the proposed project would have less than significant impacts. Impacts under this alternative would be less than those for the proposed project. However, Alternative 1 would not provide the benefits associated with the provision of housing that would occur under the proposed project. Further, Alternative 1 would not be consistent with state required housing targets under the Housing Element Program 1.1 and the Regional Housing Needs Allocation. l. Public Services and Recreation Development allowed by land uses described in the 2015 General Plan EIR would occur under Alternative 1, and since Alternative 1 would mainly develop the same 18 rezone sites but only 506 residential units compared to the 3,295 under the proposed project, this alternative would result in Alternatives Supplemental Environmental Impact Report 6-7 a smaller increase to emergency calls to the area, as well as a smaller increase in additional demand for schools, parks, libraries, recreational facilities, or other public services, since there would be fewer new residents introduced. Impacts under Alternative 1 would be slightly less than that under the proposed project. m. Transportation Alternative 1 would not include the rezone sites envisioned under the proposed project. Similar to the development analyzed for the proposed project and 2015 General Plan EIR, development facilitated by Alternative 1 would not result in additional conflicts with programs and plans related to the circulation system. Impacts to transportation systems would be similar and remain less than significant. As discussed in Section 4.13, Transportation, per capita VMT would be greater under Alternative 1 as compared to the proposed project, as Alternative 1 envisions the same land use scenario analyzed in the 2015 General Plan EIR (refer to Table 6-1, below). Since the land uses under Alternative 1 would include a mix of commercial and industrial uses and less dense residential uses (only 506 units compared to up to 3,295 units under the proposed project), Alternative 1 would not place as many residents in proximity to jobs, services, and transit, and therefore would result in a higher VMT per capita compared the proposed project. Similar to the proposed project, impacts would be significant and unavoidable and Mitigation Measure T-1 would also apply to Alternative 1. Table 6-1 Citywide Average Project Generated VMT per Resident Model Scenario City of Carlsbad VMT/Resident 2016 Base Year 24.0 Alternative 1 (No Project Alternative) 24.0 Proposed Project (2035) 23.6 Impact Assessment Residential VMT per Resident Threshold 20.4 Impact Conclusion for Alternative 1 Significant Impact n. Utilities and Service Systems Development as analyzed under the 2015 General Plan EIR would occur under Alternative 1, and this would result in an increase in demand for water, wastewater, electricity, natural gas, telecommunications, and solid waste service. Similar to the proposed project, Alternative 1 would result in the development of 18 rezone sites. However, the 18 rezone sites would only include 506 residential units compared to the 3,295 units anticipated under the proposed project. Nonetheless, the expansion of water and wastewater infrastructure would still be required for sites not already adjacent to existing infrastructure. Impacts would be the same when compared to the proposed project. o. Wildfire Under the No Project Alternative, development under existing zoning would be allowed on sites that are mapped within or near Local Responsibility Areas (LRA) and fire hazard zones. Alternative 1 utilizes the same land use scenario analyzed in the 2015 General Plan EIR. Therefore, wildfire impacts resulting from Alternative 1 would be the same as those in the 2015 General Plan EIR. Similar to the proposed project, Alternative 1 would not conflict with an adopted emergency response plan or emergency evacuation plan. Construction would require building permits and City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-8 would be required to comply with applicable fire code regulations. While impacts were determined to be less than significant in the 2015 General Plan EIR, because development under Alternative 1 may have sites in close proximity to LRAs, impacts would be similar to the proposed project. There would be the same impacts under this alternative because the 18 rezone sites would still be developed, though this alternative would only include 506 residential units. 6.3 Alternative 2: Reduced Sites 6.3.1 Description Alternative 2, Reduced Sites, would include development on most of the rezone sites as identified in the project. However, Alternative 2 would exclude development on rezone sites 3, 8, and 15, which, as identified in Table 2-4 of Section 2, Project Description, would accommodate a net increase (not including units already permitted under current designations) of 137 dwelling units total under the project. Additionally, the number of units on sites 14 and 17 would be increased to accommodate more housing (180 units more than analyzed under the project) near COASTER transit stations, which are operated by North County Transit District. Therefore, development under Alternative 2 would accommodate 43 more dwelling units than the proposed project. Alternative 2 would still achieve project objectives such as facilitating residential development to meet the 2021-2029 RHNA and pursuing an infill strategy to create walkable communities. 6.3.2 Impact Analysis a. Aesthetics Alternative 2 would increase the number of proposed housing units by 43 units by removing rezone sites 3, 8, and 15 while increasing density at rezone sites 14 and 17. Implementation of this alternative and continued land use patterns of the proposed project would result in land uses similar to those envisioned under the land use scenario in the 2015 General Plan. Therefore, Alternative 2 would result in less than significant impacts to scenic vistas, scenic resources, public views, and light and glare, similar to the proposed project, and would remain less than significant. Aesthetic impacts would be the same as those analyzed in the 2015 General Plan EIR but increased when compared to the proposed project. Specifically, some impacts to public views may be increased at rezone site 17 due to the potential for increased building heights. Similar to the 2015 General Plan EIR and proposed project, no mitigation would apply to Alternative 2. b. Air Quality Implementation of Alternative 2 would result in slightly more construction emissions when compared to the proposed project, as Alternative 2 would remove three rezoning sites (3, 8, and 15) from the project and increase density at two other sites (14 and 17), resulting in a net of 43 more residential units. Similar to the proposed project and 2015 General Plan, the overall land use scenario envisioned by Alternative 2 is intended to increase residential land use capacity within existing developed areas, ultimately increasing density through the rezoning of selected sites. As discussed below under Transportation, regional and per capita VMT for Alternative 2 would be slightly higher (+0.1 VMT) than that for the proposed project, but lower (-0.3 VMT) than that for the 2015 General Plan (the No Project Alternative). Alternatives Supplemental Environmental Impact Report 6-9 Table 6-2 summarizes estimated daily operational emissions of criteria air pollutants and ozone precursors associated with full buildout under Alternative 2. Similar to the proposed project, buildout under Alternative 2 would generate daily mobile source air pollutant emissions in excess of SDAPCD’s project-level significance thresholds for volatile organic compounds (VOC), Carbon Monoxide (CO), PM10, and PM2.5. However, operational emissions under Alternative 2 would be higher than those produced with implementation of the proposed project since Alternative 2 would include development of 43 more housing units. Thus, even though construction air quality impacts would remain potentially significant under this alternative, operational emissions would be increased when compared to the proposed project. Table 6-2 Estimated Operational Criteria Air Pollutant Emissions (lbs/day) Maximum Daily Emissions (lbs/day) Emission Source VOC NOX CO SO2 PM10 PM2.5 Area 5,212 102 6,494 11 869 865 Energy 1 6 3 <1 <1 <1 Mobile 33 64 611 2 143 37 Alternative 2 Emissions 5,246 172 7,108 13 1,012 902 Proposed Project Emissions 5,136 177 7,063 13 917 862 SDAPCD Emissions Thresholds 137 250 550 250 100 55 Threshold Exceeded? Yes No Yes No Yes Yes Notes: See Appendix B for modeling results. Some numbers may not add up precisely due to rounding considerations. Overall, impacts to air quality would be increased under Alternative 2 when compared to the proposed project, and higher than the impacts analyzed in the 2015 General Plan EIR. All mitigation measures identified in Section 4.2, Air Quality, would still be required to reduce or avoid potentially significant impacts under Alternative 2. c. Biological Resources Implementation of Alternative 2 would result in fewer sites rezoned than under the proposed project. Alternative 2 would result in less ground disturbance and fewer impacts to special status plants and animals, critical habitats, and wildlife movement associated with development projects than anticipated in the proposed project. The proposed project would have adverse impacts to special status species due to development at rezone sites 3, 6-9, and 18. Alternative 2 removes the development potential at rezone sites 3, 8, and 15 compared to the proposed project. However, there is still potential for these sites to be developed and therefore impacts to special status species would be similar to the proposed project. Nonetheless, Alternative 2 would still be required to incorporate Mitigation Measures BIO-1 and BIO-2 to mitigate impacts at other sites to a less than significant level. Development at rezone sites 6, 8, 9 and 18 under the proposed project could occur within riparian vegetation and/or native coastal scrub and result in potential direct impacts. Similarly, development at these sites under Alternative 2 would be similar, but slightly reduced, due to the reduced development potential of City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-10 Site 8. Mitigation Measures BIO-3 and BIO-4 would still be implemented to mitigate impacts to a less than significant level at other sites. Similar to the proposed project, Alternative 2 could potentially adversely impact federally protected wetlands but those impacts could be mitigated to a less than significant level with implementation of Mitigation Measure BIO-5. Alternative 2 would also result in similar impacts to potential wildlife corridors. Similar to the proposed project, Alternative 2 would have impacts to protected trees. However, since Alternative 2 would be removing Site 3, impacts to the eucalyptus woodland at that site would be reduced and possibly avoided if development on the site occurred based on the lower density allowed under the existing General Plan designation. Alternative 2 would still be required to incorporate Mitigation Measure BIO-6 in order to maintain protection of other species at the remaining rezone sites. Similar to the proposed project, Alternative 2 could conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan and thus Mitigation Measure BIO-7 and Mitigation Measure BIO-8 would be required. Therefore, impacts would be similar to the proposed project. Alternative 2 would have similar impacts to biological resources when compared to the impacts analyzed in the 2015 General Plan EIR since development is currently allowed on rezoning sites. But, when compared to the proposed project, impacts would be similar, but slightly reduced due to the removal of rezone sites 3, 8, and 15. Impacts would remain significant but mitigable and all related mitigation measures presented in Section 4.3, Biological Resources, would apply to Alternative 2. d. Cultural and Tribal Cultural Resources Implementation of Alternative 2 would involve less ground disturbance than would occur under the proposed project due to the removal of rezone sites 3, 8, and 15. Under this alternative, density at rezone sites 14 and 17 would be increased and result in a net increase of 43 units compared to the proposed project, but ground disturbance would not change substantially as compared to the proposed project. Therefore, the potential to impact known and unknown cultural resources would be the same as compared to the proposed project. Because this alternative would include fewer development sites than the proposed project and would exclude site 15 located within the Carlsbad Village Historic District, potential impacts to historic structures would also be slightly decreased. However, since Alternative 2 would continue to develop site 14 which is located within the Carlsbad Village Historic District and in proximity to locally significant properties, impacts would remain significant and unavoidable. The potential to disturb tribal cultural resources, including ancestral remains and sacred sites, would be similar under this alternative as compared to the proposed project as ground disturbance would not change substantially compared to the proposed project. Similarly, impacts related to unknown tribal cultural resources would remain less than significant. Alternative 2, like the proposed project, would result in greater levels of ground disturbance compared to the 2015 General Plan EIR due to the inclusion of the rezoning sites than that analyzed in the 2015 General Plan EIR. However, overall, impacts related to cultural and tribal cultural resources would be similar under this alternative than what could occur as a result of proposed project but would be greater than the impacts analyzed in the 2015 General Plan EIR. e. Geology and Soils Implementation of Alternative 2 would involve less ground disturbance than would occur under the proposed project, as this alternative removes the rezoning and development at rezone sites 3, 8, and 15 while increasing density at rezone sites 14 and 17. However, Alternative 2 involves development on sites beyond what was anticipated in the 2015 General Plan EIR, like the proposed Alternatives Supplemental Environmental Impact Report 6-11 project. Alternative 2 would allow for development which would involve construction that could expose and loosen soils and increase the potential for erosion. Future construction on any of the sites would be required to comply with California Building Code requirements, ensuring the stability of new structures during seismic events or due to expansive soils. Development allowed under Alternative 2, similar to development facilitated by the proposed project, would occur in areas of moderate and high paleontological sensitivity; however, similar to the proposed project, impacts would be less than significant. Overall, Alternative 2 would have similar, but slightly lessened, impacts to geology and soils when compared to the proposed project and greater impacts to geology and soils and paleontological resources as compared to the 2015 General Plan EIR. f. Greenhouse Gas Emissions Implementation of Alternative 2 would result in more impacts associated with GHG emissions during construction activities as 43 more housing units would be developed. Alternative 2 involves development on sites beyond what was anticipated in the 2015 General Plan EIR. However, per capita VMT would be lower than that of the 2015 General Plan EIR, since Alternative 2 would place more residents in proximity to jobs, services, and transit thereby reducing the need for single- occupancy vehicles and alternative modes of transport. When compared to the proposed project, Alternative 2 would result in marginally higher VMT. This increase is equal to approximately 0.1 VMT per capita and 56 VMT higher than the proposed project.2 Overall, GHG emissions under Alternative 2 would increase, due to the development of 43 more housing units compared to the proposed project, as shown in Table 6-3. Both the proposed project and Alternative 2 would be inconsistent with the current CAP and 2015 General Plan since both would result in an increase in housing units and associated GHG emissions that were not accounted for in the CAP analysis. Therefore, impacts associated with Alternative 2 would be similar, but slightly increased as compared to the proposed project and compared to impacts analyzed in the 2015 General Plan EIR. Mitigation Measure GHG-1 would apply to Alternative 2 and like the proposed project, impacts would be significant and unavoidable until the updated Carlsbad CAP and any emission thresholds or updated checklists are adopted. If and when the city’s CAP is in accordance with statewide emissions targets and accounting for growth under the proposed project, this impact may be reduced to less than significant. Table 6-3 Combined Annual Emissions of Greenhouse Gases Emission Source Annual Emissions (MT CO2e) Operational Area 5,081 Energy 4,039 Mobile 27,240 Solid Waste 692 Water, Wastewater 268 Refrigerants 4 Total (Alternative 2) 37,324 Total (Project) 36,735 MT CO2e = metric tons of carbon dioxide equivalent. Source: Appendix B CalEEMod worksheets. 2 3,733,074 VMT under Alternative 2 compared to 3,733,018 VMT under the proposed project (Fehr & Peers 2023) City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-12 g. Hazards and Hazardous Materials Under the Alternative 2, the transport, storage, and use of hazardous materials associated with construction of development, and operation of housing, commercial and industrial uses, such as paints and solvents, would be required to comply with existing regulations, similar to the proposed project. Implementation of Alternative 2 would result in a net increase of 43 units by removing rezone sites 3, 8, and 15 and increasing density at rezone sites 14 and 17. As noted under Impact HAZ-1, rezone sites 7, 9, 10, 11, 12, and 15 are within or near industrial sites. With implementation of Alternative 2, Site 15 would be removed. Therefore, impacts regarding reasonably foreseeable use, transportation, disposal, and accidental release of hazardous materials would be slightly reduced. Rezone sites containing existing contamination would continue to require remediation and compliance with State and local regulations to allow for development under existing zoning. Similar to the proposed project, rezone sites 14 and 16 each had one LUST which has now been designated inactive and case closed. This alternative would still include Site 16 and increase density at Site 14. Rezone sites 2, 4, 8, and 15 are located adjacent to a parcel which has a former LUST cleanup site or a Cleanup Program site. This alternative would remove rezone sites 8 and 15. Redevelopment of sites with existing soil or groundwater contamination could potentially pose a significant hazard to the public or the environment through releases of hazardous materials into the environment. However, with the removal of rezone sites 8 and 15 and compliance with General Plan Policy 4.P-51 and Safety Element Update Policy 6-P.38, Alternative 2 would have slightly reduced hazardous impacts and remain less than significant. As with the proposed project, rezone sites 4, 6, 7, 9, 10, and 11 are within the Safety Zone of the McClellan-Palomar Airport would still be developed, and rezone sites 4, 5, 6, 7, 9, 10, 11, 16, 17, and 18 within the Airport Influence Area of the airport would also still be developed. Therefore, similar impacts related to airport safety hazards would occur under Alternative 2, as with the proposed project. Compliance with Policy 6-P.32 of the Public Safety Element Update, and Policy 2-P.37 of the Land Use and Community Design Element Update would reduce impacts to a less than significant level. Since Alternative 2 maintains the majority of the rezone sites as imagined in the proposed project, impacts to hazards and hazardous materials would be greater than those analyzed in the 2015 General Plan EIR. However, due to the removal of rezone site 8, impacts to hazards and hazardous materials would be slightly decreased as compared to the proposed project. h. Hydrology and Water Quality Alternative 2 would result in the same development at all rezoning sites except for rezone sites 3, 8, and 15, which would have a reduced development potential. Development of all the sites could include construction activities that would violate water quality standards, decrease groundwater supplies, alter the existing drainage pattern of the rezone sites, and create new or additional impervious surfaces. Due to the fewer number of development sites under Alternative 2, these impacts would be slightly less than those under the proposed project. Similar to the proposed project, development allowed under Alternative 2 would not substantially decrease groundwater supplies or violate water quality standards, following compliance with applicable laws and regulations. Impacts to hydrology and water quality would be slightly increased compared to those in the 2015 General Plan EIR but reduced when compared to the proposed project, remaining less than significant. Alternatives Supplemental Environmental Impact Report 6-13 i. Land Use and Planning Under Alternative 2, rezone sites 3, 8, and 15 would be removed while density at rezone sites 14 and 17 would be increased. Similar to the proposed project, Alternative 2 would not alter connectivity with adjacent areas or divide established communities. Future development under Alternative 2 would be required to comply with regulatory goals and policies, similar to the proposed project. Alternative 2 would result in future development at a scale similar to that of the proposed project (a net increase of only 43 units) but on fewer sites. This alternative would promote higher-density housing opportunities than the proposed project would at sites 14 and 17, while development at sites 3, 8 and 15 could occur under their current designations. Impacts to land use and planning would be similar to the proposed project and greater than the 2015 General Plan EIR due to the inclusion of most of the rezoning sites. j. Noise Under Alternative 2, impacts associated with temporary construction-related noise result from grading and construction of development allowed at all rezoning sites except for rezone sites 3, 8, and 15 which would have a reduced development potential. Under this alternative, density at rezone sites 14 and 17 would be increased. Construction noise could be reduced on rezone sites 3, 8, and 15, reducing impacts compared to the proposed project in the immediate vicinity; however, construction noise would still occur at the rest of the sites. Additionally, even though Mitigation Measure NOI-1 as specified in Section 4.10, Noise, would continue to be required under Alternative 2, given that exact details of future construction projects are still currently unknown, it is conservatively assumed that construction noise may exceed applicable thresholds, and impacts would remain significant and unavoidable. Furthermore, since construction would be avoided on rezone sites 3, 8, and 15, construction vibration impacts would also be reduced compared to the proposed project. With the continued implementation of Mitigation Measure NOI-2, vibration impacts associated with construction activities would be less than significant, similar to the proposed project. Similarly, operational noise from HVAC equipment, vehicle activity (delivery and trash hauling), and outdoor activity areas would be similar at the sites where development would occur, but impacts would be reduced at rezone sites 3, 8, and 15. As discussed under Impact NOI-2 in Section 4.10, the proposed project’s VMT increase over the estimated future increase without project of 71,802 VMT would correlate to an approximate 0.1 dBA increase in roadway noise levels, well below a barely perceptible noise level of 3 dBA. As shown in Table 6-6, VMT under Alternative 2 would increase over future without project by 71,858 for a two percent increase, which would correlate to a similar 0.1 dBA increase. Overall, operational noise impacts would be less than significant under Alternative 2, similar to the proposed project. k. Population and Housing Alternative 2 would not induce substantial population growth, as the development allowed under Alternative 2 would be similar to that of the proposed project. Under this alternative, rezone sites 3, 8, and 15 would be removed from the project and density at sites 14 and 17 would be increased. As a result, the Alternative 2 would not contribute to unplanned growth and would also not displace people or housing. Under Alternative 2, approximately 3,338 new residential units and 8,367 new City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-14 residents would be added to the city.3 According to the 2015 General Plan EIR, by the General Plan horizon year 2035, Carlsbad is estimated to have approximately 52,320 units. Based on information collected by city staff, since the 2015 General Plan EIR, the city has approved residential development that has resulted in a net increase in the projected housing units to 53,221. As of January 1, 2023, Carlsbad had 47,003 housing units. Therefore, as of release of this SEIR, the city had an available housing unit capacity of 6,218 units through horizon year 2035 under the existing General Plan. Compared to existing conditions, with implementation of Alternative 2, Carlsbad would have 50,341 housing units through 2035 compared to 50,298 housing units for the proposed project. The addition of 8,367 new residents to the city would increase Carlsbad’s population from 117,800 residents (current as of June 30, 2022) to 126,167 residents, or by approximately 7.1 percent.4 With implementation of Alternative 2, Carlsbad would have 56,559 units (47,003 [current housing units] + 6,218 [housing units remaining to be built under the existing General Plan] + 3,338 [housing units under Alternative 2]) at buildout, or through horizon year 2035. Although the estimated number of new residents would exceed the GMP limit of 54,499 units, Alternative 2 constitutes a planned population growth and would be consistent with State requirements for RHNA. Similar to the proposed project, Alternative 2 would not involve the extension of roads or other infrastructure that could indirectly lead to population growth. Therefore, Alternative 2 would not lead to substantial unplanned growth. Impacts would be less than significant, consistent with the findings for the proposed project and 2015 General Plan EIR. Similar to the proposed project, it is possible that some redevelopment projects could result in displacement of current housing under Alternative 2. Currently, Site 4 has one existing unit and Site 8 has 24 existing units. However, no unit yield is anticipated on the portion of Site 4 with the unit due to its location on a flood plain; the remainder of the site along College Boulevard and El Camino Real is not similarly constrained and could be developed with housing. And because Site 8 would be removed under this alternative, the displacement impact would be reduced because none of the 24 units on the site would be removed. Additionally, future development would be required to comply with goals and policies under Section 10.7.4 of the 2021-2029 Housing Element which aims to affirmatively further fair housing and ensure all housing opportunities are offered in conformance with open housing policies and free of discriminatory practices (City of Carlsbad 2021). Furthermore, Program 4.6 of the 2021-2029 Housing Element ensures the minimization of the occurrence of displacement, especially within groups facing disproportionate housing needs, including but not limited to those with lower incomes (City of Carlsbad 2021). Substantial displacement would not occur under this alternative. Impacts would be less than significant, similar to the proposed project and 2015 General Plan EIR. l. Public Services and Recreation Implementation of Alternative 2 would remove rezone sites 3, 8, and 15 from the project and increase density at rezone sites 14 and 17. These changes would result in an increase of 43 housing units when compared to the proposed project. This alternative would result in an overall population increase of 8,367 new residents, which is 107 higher than the proposed project. This alternative would result in a similar, but slightly increased, number of emergency calls to the area, as well as a slight increase in additional demand for schools, parks, libraries, recreational facilities, or other public services when compared to the proposed project. Impacts to public services and recreation would also be slightly greater than those determined in the 2015 General Plan EIR due to the 3 3,338 new residential units x 2.63 persons per household x 0.945 x 1.0086 = 8,367 new residents (See Section 4.11, Population and Housing, for methodology). 4 8,367 new residents / 117,800 current residents x 100 = 7.1 percent. Alternatives Supplemental Environmental Impact Report 6-15 inclusion of a greater number of housing units than previously analyzed. Compliance with all state and local policies, such as the Carlsbad Municipal Code, would ensure that adequate services and amenities are provided for all future development and residents under Alternative 2. Therefore, impacts would remain less than significant. e. Transportation Implementation of Alternative 2 would remove rezone sites 3, 8, and 15 from the project and increase density at rezone sites 14 and 17. These changes would result in a net increase of 43 housing units when compared to the proposed project. Similar to the development analyzed for the proposed project and 2015 General Plan EIR, development facilitated by Alternative 2 would not result in additional conflicts with programs and plans related to the circulation system. Impacts to transportation systems would be similar and remain less than significant. This alternative would include 43 more housing units than the proposed project and would result in a generally similar per capita VMT of 23.7. This is a slight increase compared to the proposed project by approximately 0.1 VMT (refer to Table 6-5, below). Additionally, as shown in Table 6-6. Alternative 2 would also result in a 2 percent increase in total VMT compared to the 2015 General Plan (generally the same as the proposed project). Figure 6-1 below shows a map of rezone sites by transportation analysis zones (TAZ). Similar to the proposed project, impacts would remain significant and unavoidable and Mitigation Measure T-1 would continue to apply to Alternative 2. When compared to the 2015 General Plan EIR, Alternative 2 would have decreased transportation impacts as per capita VMT would be lower. Table 6-4 Citywide Average Project Generated VMT per Resident Model Scenario City of Carlsbad VMT/Resident Base Year (no project condition) 24.0 Year 2035 Alternative 1 (No Project) 2035 24.0 Alternative 2 (2035) 23.7 Proposed Project (2035) 23.6 Impact Assessment Residential VMT per Resident Threshold 20.4 Impact Conclusion for Project (Alternative 2) Significant Impact Table 6-5 Daily VMT Summary for Alternative 2 Total VMT Future without project, with adopted General Plan (2035) (Alt 1) 3,661,216 Future with Proposed Project 3,733,018 Future with Alternative 2 (2035) 3,733,074 Change in VMT for Alternative 2 compared to Adopted General Plan +71,858 Percent Change in VMT (%) 2% Source: Fehr & Peers 2023 City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-16 Figure 6-1 Traffic Analysis Zones Containing Alternative 2 Rezone Sites I __ ,r•-. -I ,I ·"" 1.-, .. --, .... ,.....,, __ - I ... -·-~ I ·, I ~-J ·--· J ; s I 4 I. ! I '·· . . " '•=·-· ·-·1 0 2 ---iiiiit:::::::::::::== Miles Sauir"' 'SANMG Alternatives Supplemental Environmental Impact Report 6-17 p. Utilities and Service Systems Alternative 2 would not induce substantial population growth, as the development allowed under Alternative 2 would be similar to that of the proposed project. Under this alternative, rezone sites 3, 8, and 15 would be removed from the project plans and density at rezone sites 14 and 17 would be increased for a total net increase of 43 housing units when compared to the proposed project. This alternative would result in a population increase of 8,367 new residents, which is 107 more than the proposed project. Development under Alternative 2 would result in an increase in demand for water, wastewater, electricity, natural gas, telecommunications, and solid waste service. Similar to the proposed project, although development facilitated by Alternative 2 may involve some infrastructure upgrades, existing water, wastewater, electricity, telecommunication, and waste facilities and services have adequate capacity to support future development. Therefore, impacts would be less than significant, consistent with the findings for the proposed project and 2015 General Plan EIR. Water demand for construction would be similar to the proposed project, but slightly increased due to the increase of 43 units. Given the temporary and minimal nature of construction water demand, impacts related to construction water consumption would be less than significant. The proposed project would increase demand in the city by an estimated 355 acre-feet per year (AFY), or approximately a 1.58 percent increase from the 2030 Carlsbad Municipal Water District (CMWD)service area demand estimate of 22,409 AFY. Based on the CalEEMod land use-based water demand factors, Alternative 2 would increase demand in the city by an estimated 321,299 gallons per day (gpd), or 360 AFY, which is a 1.61 percent increase from the 2030 CMWD service demand estimate. Alternative 2’s slight increase in total future population would result in a very slight increase in overall water demand compared to the proposed project. Therefore, with compliance with existing State and local regulations aimed at water conservation, as well as CMWD, Vallecitos Water District (VWD), and Olivenhain Municipal Water District (OMWD)Water Shortage Contingency Plans (WSCP) and ordinances, water supplies would be sufficient to accommodate the increase in demand for Alternative 2. Impacts would be less than significant, consistent with the findings for the proposed project and 2015 General Plan EIR. Similarly, due to the reduction of the number of sites under Alternative 2, total wastewater and waste generation would be marginally higher than the proposed project. Based on a wastewater generation rate of 200 gallons per residential unit per day, development under the proposed project would generate a net increase of approximately 659,000 gallons of wastewater per day, while Alternative 2 would generate a net increase of approximately 667,600 gallons of wastewater per day.5 There would be adequate wastewater capacity to support future wastewater generation under this alternative. All development under this alternative would be served by landfills that have sufficient capacity to manage future waste. Therefore, impacts to waste and wastewater facilities would be less than significant. This is consistent with the findings for the proposed project and 2015 General Plan EIR. Overall, impacts to utilities and service systems would slightly increase when compared to the proposed project. However, since development Alternative 2 would be greater than that analyzed in the 2015 General Plan EIR, impacts to utilities would be slightly greater than those determined in the 2015 General Plan EIR. However, impacts would remain less than significant. 5 200 gallons per residential unit per day x 3,338 units = 667,600 gallons of wastewater per day City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-18 f. Wildfire Implementation of Alternative 2 would remove rezone sites 3, 8, and 15 while increasing density at rezone sites 14 and 17. This would increase the number of units as compared to the proposed project by 43 units. Similar to the proposed project and development analyzed in the 2015 General Plan EIR, development facilitated by Alternative 2 would result in additional population and VMT in the city. This alternative could result in changes to emergency evacuation routes and could increase roadway congestion such that the use of an evacuation route could be hindered. However, compliance with the County Emergency Operations Plan (EOP), applicable City General Plan policies, AB 747, and SB 99 would reduce impacts to a less than significant level. Impacts would be similar to those of the proposed project and 2015 General Plan EIR. Similar to the proposed project, rezone sites 1, 2, 4, 6, 7, 11, 12, and 19 are either in or less than 0.25 miles from a LRA Very High Fire Hazard Severity Zone. Development facilitated under Alternative 2 would not alter or change development at any of those sites. Sites 3, 8, 14, 15, and 17 are not within or near (within 0.25 miles of) a LRA Very High Fire Hazard Severity Zone. Thus, like the proposed project, all development under Alternative 2 would be subject to the California Fire Code and all applicable General Plan policies. Construction would also be required to meet CBC requirements, including CCR Title 24, Part 2, which includes specific requirements related to exterior wildfire exposure. Compliance with the CBC, CMC, and Safety Element Update policies 6-P.43 through 6-P.69 would reduce impacts. These policies would make structures more fire resistant and less vulnerable to loss in the event of a wildfire as well as reduce the potential for construction to inadvertently ignite a wildfire. Therefore, Alternative 2’s impact related to wildfire exposure and exacerbation risk would be less than significant, similar to the proposed project and to the conclusion under the 2015 General Plan EIR. 6.4 Environmentally Superior Alternative CEQA requires identification of the environmentally superior alternative among the alternatives to the proposed project. The environmentally superior alternative must be an alternative that reduces some of the project’s environmental impacts, regardless of the financial costs associated. Identification of the environmentally superior alternative is an informational procedure and the alternative identified as the environmentally superior alternative may not be that which best meets the goals or needs of the proposed project. Table 6-1 indicates whether each alternative’s environmental impact is greater than (in red), less than (in green), or similar to (no color) that of the proposed project for each of the issue areas studied. Based on the analysis of alternatives in this section, the No Project Alternative (Alternative 1) is the environmentally superior alternative as it would lessen the severity of most impacts of the project and eliminate the significant and unavoidable GHG impact. Alternative 1 would facilitate the fewest number of residential units (506), and therefore result in the fewest construction-related impacts and impacts associated with ground disturbance to areas such as air quality, biological resources, cultural and tribal cultural resources, geology and soils, GHG, hazards and hazardous materials, and hydrology and water quality. However, it should be noted that development at the sites could still occur. And, as a consequence of less compact development as under this alternative, per capita VMT (see Table 6-1) would be greater with Alternative 1 as compared to the proposed project, which would increase operational impacts of air quality, noise, and traffic. Overall, Alternative 1 would eliminate the unavoidably significant GHG impact, but the significant and unavoidable impacts related to air quality, historical resources, construction noise, and transportation would Alternatives Supplemental Environmental Impact Report 6-19 remain. While some environmental benefits may occur by implementing Alternative 1, this alternative would not fulfill the goals of the project as it would not provide additional housing opportunities that will assist the city in meeting its RHNA requirements. Second to the No Project Alternative, Alternative 2, Reduced Sites, is the environmentally superior alternative, as it would reduce the severity of impacts related to biological resources, geology and soils, hazards and hazardous materials, and hydrology and water quality compared to the proposed project. Although Alternative 2 would increase the net number of units by 43, this would only result in a slight marginal increase in air pollutants and GHG. Alternative 2 would also only result in a negligible increase in VMT per capita compared to the proposed project by 0.1. Additionally, Alternative 2 would place more residents in proximity to COASTER transit stations compared to the proposed project (180 more units), which would reduce the need for single-occupancy vehicles and alternative modes of transport. Nonetheless, with Alternative 2 the significant and unavoidable impacts related to air quality, historical resources, GHG emissions, construction noise, and transportation would remain. Table 6-6 Comparison of Alternative’s Impacts Issue Project 2015 General Plan EIR Alternative 1: No Project Alternative 2: Reduced Sites Aesthetics LTS LTS LTS (+) LTS (=) Agricultural and Forestry Resources NI LTS NI (=) NI (=) Air Quality SAU SAU SAU (+) SAU (-) Biological Resources LTSM LTS LTSM (=) LTSM (=) Cultural and Tribal Cultural Resources SAU LTS SAU (=) SAU (=) Energy LTS LTS LTS (=) LTS (=) Geology and Soils LTS LTS LTS (+) LTS (+) Greenhouse Gas Emissions SAU LTS LTS (+) SAU (-) Hazards and Hazardous Materials LTS LTS LTS (+) LTS (+) Hydrology and Water Quality LTS LTS LTS (+) LTS (+) Land Use and Planning LTS LTS LTS (-) LTS (=) Mineral Resources NI NI NI (=) NI (=) Noise SAU LTS SAU (=) SAU (=) Population and Housing LTS LTS LTS (+) LTS (=) Public Services and Recreation LTS LTS LTS (+) LTS (-) Transportation SAU SAU SAU (-) SAU (-) Utilities and Service Systems LTS LTS LTS (=) LTS (-) Wildfire LTS LTS LTS (=) LTS (=) NI = No Impact; LTS = Less than Significant; LTSM = Less than Significant with Mitigation; SAU = Significant and Unavoidable Green: + Superior to the proposed project (reduced level of impact) Red: - Inferior to the proposed project (increased level of impact) No color: = Similar level of impact to the proposed project City of Carlsbad Housing Element Implementation and Public Safety Element Update 6-20 This page intentionally left blank. References Supplemental Environmental Impact Report 7-1 7 References 7.1 Bibliography Executive Summary There are no references in this section. Section 1, Introduction There are no references in this section. Section 2, Project Description Carlsbad, City of. 2021. Zoning Map. Available at: https://www.carlsbadca.gov/home/showpublisheddocument/246/637638645128870000 (accessed February 2023). Carlsbad, City of. 2015. Carlsbad General Plan. Adopted September 2015. Available at: https://www.carlsbadca.gov/departments/community-development/planning/general-plan (accessed February 2023). ______. 2021. Housing Element. (accessed February 2023). ______. 2015. General Plan & Climate Action Plan FEIR. (accessed February 2023). ______. 2015. Land Use & Community Design Element. (accessed February 2023). ______. Public Safety Element, Section 6.1-6.4. (accessed February 2023). ______. 2015. Introduction & Vision. (accessed February 2023). 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Interim Land Development and Intergovernmental Review Safety Review Practitioners Guidance. https://dot.ca.gov/-/media/dot-media/programs/transportation- planning/documents/sb-743/2020-12-22-updated-interim-ldigr-safety-review-guidance- a11y.pdf (accessed April 2023). ______. 2021a. Caltrans 2020-2024 Strategic Plan. https://dot.ca.gov/-/media/dot- media/programs/risk-strategic-management/documents/sp-2020-16p-web-a11y.pdf (accessed April 2023). ______. 2021b. California Transportation Plan 2050. February 2021. https://dot.ca.gov/-/media/dot- media/programs/transportation-planning/documents/ctp-2050-v3-a11y.pdf (accessed April 2023). Carlsbad, City of. 2014. General Plan Draft Environmental Impact Report. https://www.carlsbadca.gov/departments/community-development/planning/general- plan/related-documents/-folder-148 (accessed April 2023). ______. 2020. Sustainable Mobility Plan. https://www.carlsbadca.gov/departments/streets- traffic/biking-walking/mobility/sustainable-mobility-plan (accessed April 2023). Office of Planning and Research (OPR). 2018. Technical Advisory on Evaluating Transportation impacts in CEQA. April 2018. https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf Section 4.14, Utilities and Service Systems California Air Resources Board (CARB). 2022. AB 32 Climate Change Scoping Plan. Available at: https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan (Accessed May 2023). California Cable & Telecommunications Association. 2021. Part I: The Digital Divide: Broadband Infrastructure, Affordability, and Devices. Available at: https://www.library.ca.gov/wp- content/uploads/crb-reports/Broadband_in_California_May_2021.pdf (Accessed March 2023). Department of Finance (DOF). 2023. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2022. https://dof.ca.gov/forecasting/demographics/estimates/e-5- population-and-housing-estimates-for-cities-counties-and-the-state-2020-2023/ (accessed July 2023). References Supplemental Environmental Impact Report 7-17 California Department of Resources Recycling and Recovery (CalRecycle). 2019a. SWIS Facility/Site Activity Details: Palomar Transfer Station, Inc (37-AH-0001). Available at: https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Index/2944 ______. 2019b. SWIS Facility/Site Activity Details: Otay Landfill (37-AA-0010). Available at: https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1790?siteID=2863 ______. 2019c. SWIS Facility/Site Activity Details: Sycamore Landfill (37-AA-0023). Available at: https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1798?siteID=2871 California Gas and Electric Utilities. 2020. 2020 California Gas Report. https://www.socalgas.com/sites/default/files/2020- 10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf (accessed April 2023). California Energy Commission (CEC). 2019. California Energy Efficiency Action Plan. Accessible at: https://www.energy.ca.gov/filebrowser/download/1900 (accessed July 2023_). ______. 2021a. Electricity Consumption by County. Available at: http://ecdms.energy.ca.gov/elecbycounty.aspx (Accessed March 2023). ______. 2021b. Gas Consumption by County. Available at: http://ecdms.energy.ca.gov/elecbycounty.aspx (Accessed March 2023). ______. 2021c. California Energy Demand 2020-2030 Managed Forecast - Mid Demand / Mid AAEE Case. Available at: https://efiling.energy.ca.gov/getdocument.aspx?tn=236519%20 (Accessed April 2023). ______. 2023a Total System Electric Generation. Available at: https://www.energy.ca.gov/data- reports/energy-almanac/california-electricity-data/2021-total-system-electric-generation (Accessed March 2023). ______. 2023b. Supply and Demand of Natural Gas in California . Available at: https://www.energy.ca.gov/data-reports/energy-almanac/californias-natural-gas- market/supply-and-demand-natural-gas-california California Public Utilities Commission (CPUC). 2008. Energy Action Plan. Accessible at: https://www.cpuc.ca.gov/-/media/cpuc- website/files/uploadedfiles/cpuc_public_website/content/utilities_and_industries/energy_- _electricity_and_natural_gas/2008-energy-action-plan-update.pdf (accessed July 2023). ______. 2021a. MNatural Gas and California. Accessible at: https://www.cpuc.ca.gov/industries- and-topics/natural-gas/natural-gas-and-california (acessed July 2023). ______. 2021b. Communications Division. Accessible at https://www.cpuc.ca.gov/about- cpuc/divisions/communications-division (accessed July 2023). Carlsbad, City of. 2008. Carlsbad Drainage Master Plan. Adopted July 3, 2008. https://www.carlsbadca.gov/home/showpublisheddocument/282/637425979454500000 ______. 2016. Landscape Manual. https://www.carlsbadca.gov/home/showpublisheddocument/11160/637985942877070000 (accessed April 2023). City of Carlsbad Housing Element Implementation and Public Safety Element Update 7-18 ______. 2015. General Plan: Sustainability Element. Available at: https://www.carlsbadca.gov/home/showpublisheddocument/3436/637434861119970000 (Accessed April 2023). ______. 2020. City of Carlsbad Climate Action Plan. Adopted September 2015. Amended May 2020. https://www.carlsbadca.gov/home/showpublisheddocument/4192/637446665168800000 (accessed April 2023). ______. 2022. Engineering Standards. Available at: https://www.carlsbadca.gov/home/showpublisheddocument/330/638237395372978835 (Accessed July 2023). ______. 2023a. Wastewater. Available at: https://www.carlsbadca.gov/departments/utilities/sewer (Accessed March 2023). ______. 2023b. Maintenance. Available at: Shttps://www.carlsbadca.gov/departments/streets- traffic/maintenance#:~:text=The%20Storm%20Drain%20Maintenance%20Department,at%2 0442%2D339%2D2799. (Accessed March 2023). ______. 2023c. Fiscal Year 2021-22 Growth Management Program Monitoring Report. https://www.carlsbadca.gov/home/showpublisheddocument/13525/638182837741030000 (accessed March 2023). Carlsbad Municipal Water District (CMWD). 2019a. Potable Water Master Plan. Adopted June 17, 2019. https://www.carlsbadca.gov/home/showpublisheddocument/6093/637568438821170000. (Accessed June 2023). ______. 2019b. Recycled Water Master Plan Update. Adopted July 15, 2019. https://www.carlsbadca.gov/home/showpublisheddocument/6097/637568466723600000 ______. 2021. Urban Water Management Plan. Available at: https://www.carlsbadca.gov/home/showpublisheddocument/6819/637704842994970000 (Accessed June 2023). Energy Information Administration (EIA). 2022. California Electricity Profile 2021. Released November 2022. https://www.eia.gov/electricity/state/california/ (accessed February 2023). Encina Wastewater Authority. 2021. FY2022 ENCINA COMPREHENSIVE ASSET MANAGEMENT PLAN (E-CAMP). Available at: https://www.encinajpa.com/images/pdf/FY2022_E- CAMP_Report_Executive_Summary.pdf (Accessed March 2023). Olivenhain Municipal Water District (OMWD). 2021. 2020 Urban Water Management Plan. Available at: https://www.olivenhain.com/wp-content/uploads/2020-UWMP_FINAL-2.pdf (Accessed May 2023). San Diego County Water Authority (SDCWA). 2017. An Overview. Available at: https://www.sdcwa.org/sites/default/files/2017-07/overview-fs.pdf (Accessed March 2023). San Diego Gas & Electric. 2022a. About Us. Available at: https://www.sdge.com/more- information/our-company/about-us (Accessed March 2023). References Supplemental Environmental Impact Report 7-19 ______. 2022b. 2022 INDIVIDUAL INTEGRATED RESOURCE PLAN OF SAN DIEGO GAS & ELECTRIC COMPANY. Available at: https://www.sdge.com/sites/default/files/regulatory/SDG%26E%202022%20Individual%20I ntegrated%20Resource%20Plan%20%28PUBLIC%29_0.pdf (Accessed April 2023). Vallecitos Water District (VWD). 2021. 2020 Urban Water Management Plan. Available at: https://www.vwd.org/home/showpublisheddocument/13134/637746452966800000 (Accessed May 2023). Section 4.15, Wildfire CAL FIRE. 2007. Fire Hazard Severity Zones in SRA. November 7, 2007. https://osfm.fire.ca.gov/media/6822/fhszs_map49.pdf (accessed February 2023). ______. 2018. 2018 Strategic Fire Plan for California. August 22, 2018. https://osfm.fire.ca.gov/media/5590/2018-strategic-fire-plan-approved-08_22_18.pdf (accessed February 2023). ______. 2019. State of California Wildland Urban Interface (WUI). December 2019. https://frap.fire.ca.gov/media/10300/wui_19_ada.pdf (accessed February 2023). ______. 2023. Fire and Fuels Treatment. https://www.fire.ca.gov/programs/resource- management/resource-protection-improvement/landowner-assistance/forest- stewardship/fire-and-fuels-treatment/ (accessed February 2023). California Governor’s Office of Planning and Research (OPR) 2020. Fire Hazard Planning Technical Advisory. https://opr.ca.gov/docs/20201109-Draft_Wildfire_TA.pdf (accessed February 2023). California Public Utilities Commission (CPUC). 2017. General Order Number 166. December 2017. https://docs.cpuc.ca.gov/PUBLISHED/GENERAL_ORDER/159184.htm (accessed February 2023). Carlsbad, City of. 2014. General Plan Draft Environmental Impact Report. https://www.carlsbadca.gov/departments/community-development/planning/general- plan/related-documents/-folder-148 (accessed February 2023). ______. 2015. Carlsbad General Plan. Adopted September 2015. Available at: https://www.carlsbadca.gov/departments/community-development/planning/general-plan ______. 2016. Landscape Manual. https://www.carlsbadca.gov/home/showpublisheddocument/11160/637985942877070000 (accessed April 2023). San Diego, County of. 2018. Multi-jurisdictional Hazard Mitigation Plan. https://www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html (accessed February 2023). ______. 2022. San Diego County Emergency Operations Plan. https://www.sandiegocounty.gov/content/dam/sdc/oes/emergency_management/plans/o p-area-plan/2022/EOP2022_Complete%20Plan.pdf (accessed March 2023). United States Department of Energy. 2023. Alternative Fuels Data Center. Available: https://afdc.energy.gov/vehicles/natural_gas_safety.html (accessed February 2023). City of Carlsbad Housing Element Implementation and Public Safety Element Update 7-20 United States Forest Service (USFS). 2023. Wildland Fire. https://www.fs.usda.gov/ccrc/topics/wildfire (accessed February 2023) Section 4.16, Less Than Significant Environmental Effects California Department of Conservation (DOC). 2016. California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed October 2020). Carlsbad, City of. 2015. Carlsbad General Plan Draft Environmental Impact Report. Available at: https://www.carlsbadca.gov/departments/community-development/planning/general- plan/related-documents/-folder-148 (accessed July 2023). Section 5, Other CEQA Related Discussions Carlsbad, City of. 2015. Carlsbad General Plan Draft Environmental Impact Report. Available at: https://www.carlsbadca.gov/departments/community-development/planning/general- plan/related-documents/-folder-148 (accessed July 2023). Section 6, Alternatives Fehr & Peers. 2021. Affordable Housing and SB 743 VMT Screening Considerations. https://www.sandiegocounty.gov/content/dam/sdc/pds/PC/211210-pc- hearing/County%20of%20San%20Diego%20Trip%20Generation%20at%20Affordable%20Ho using%20Developments%20Final%2012032021.pdf 7.2 List of Preparers This EIR was prepared by the City of Carlsbad, with the assistance of Rincon Consultants, Inc. Consultant staff involved in the preparation of the EIR are listed below. RINCON CONSULTANTS, INC. Matt Maddox, AICP, Principal Karly Kaufman, MESM, Project Manager Jenna Shaw, Environmental Planner Jesse Voremberg, Environmental Planner Leanna L. Flaherty, RPA, Cultural Resources Project Manager Nichole Yee, Environmental Planner David Brodeur, Environmental Planner Lucas Carneiro, Air Quality & GHG Specialist Andrew McGrath, Ph.D., Paleontologist, Assistant Project Manager Destiny Brenneisen, Environmental Planner Nicole West, CPSWQ, QSD/QSP, Supervising Environmental Planner Gina Gerlich, MSci, GIS Analyst Yaritza Ramirez, Publishing Specialist Appendix A Notice of Preparation (NOP) and NOP Comments NOTICE OF PREPARATION of a SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT Pursuant to Section 15163(c) of the California Environmental Quality Act (CEQA) Guidelines, a supplement to an Environmental Impact Report (EIR) shall be given the same kind of notice and public review as is given a draft EIR under Section 15087. As stated in the CEQA Guidelines Section 15087, when an EIR is required for a project, a Notice of Preparation (NOP) describing the project and its potential environmental effects shall be prepared. You are being notified of the City of Carlsbad's (city) intent, as Lead Agency, to prepare a Supplemental EIR (SEIR) for the Housing Element Implementation and Public Safety Element Update project as described below, which may be of interest to you and/or the organization or agency that you represent. The SEIR will be a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse# 2011011004), certified in 2015. This project is city initiated. PROJECT NAME: Housing Element Implementation and Public Safety Element Update -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) PROJECT LOCATION: Carlsbad is a coastal community with approximately 115,000 residents. The city is approximately 42 square miles in area and is located along the northern coast of San Diego County (about 30 miles north of the City of San Diego). Carlsbad is bordered to the north of the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and San Marcos, and to the west by the Pacific Ocean. The city contains a combination of industrial, commercial, and residential development, including a large regional shopping center, an auto-retail center, a large industrial park area, the LEGOLAND California Educational/Recreational Park, and a regional airport, as well as three lagoons, limited agricultural areas and large tracts of preserved open space. Interstate 5, El Camino Real, and Carlsbad Boulevard provide the major north-south routes through the city, as does the San Diego Northern Railroad (SDNRR) line. Major east-west routes include Carlsbad Village Drive, Tamarack Avenue, Cannon Road, Palomar Airport Road, Poinsettia Lane, and La Costa Avenue. The regional setting is depicted in Figure 1. The Planning Area consists of the existing city limits and is depicted in Figure 2. Community Development Department Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 442-339-2600 www.carlsbadca.gov Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 2 Figure 1 Regional Location p 0 0 2.5 I' 5 Miles Mar•'reco,ps raecamp ~enG.,:-ton- .!moge,y pro-v'idl:!d by (yj ond ii ilia:mors 01010. N Ii I! rarlsbad Ctty Limtts A ( ~g,, ·-~ --::..-,,,{' ~~~ iNa..-ir.i;Jo~ SmlValkv Los Angeles ...,.,,, ........ Alo~ ((ll'ona ........ ........ * I ..sa.n Diego ......... Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 3 Figure 2 Carlsbad City Boundaries Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 4 PROJECT DESCRIPTION: The project consists of updates to the General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city’s Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in state law. General Plan Updates Housing Element implementation triggers changes to the Land Use and Community Design Element. Furthermore, Housing Element approval and recently approved state housing and public safety legislation resulted in the need for changes to the Public Safety Element and the Zoning Ordinance. The Housing Element was analyzed under its own respective CEQA document, which was posted on the State Clearinghouse (SCH) website on April 22, 2021 (SCH#2011011004). Thus, this SEIR will solely analyze the potential impacts in relation to updates the city will propose to the General Plan, including the Land Use & Community Design Element and Public Safety Element, and to the city’s Zoning Ordinance, discussed below. Land Use & Community Design Element The Land Use & Community Design Element provides the long-term vision, goals, and policies for Carlsbad through the year 2035. The overall focus is to accommodate change and growth in the city, while preserving and enhancing the features and attributes that make Carlsbad such a desirable place to live. Topics covered in the element include land use designations, revitalization of older neighborhoods, preservation of existing neighborhoods as well as environmental resources and open space, development of new neighborhoods with varied housing opportunities, land use constraints, and new opportunity areas. The element also includes goals and policies to help implement the element’s vision and help maintain a healthy balance of development within Carlsbad. As stated previously, implementation of the city’s Housing Element triggers the need to make changes to the Land Use & Community Design Element, including the Land Use Map. These changes include the proposed addition of two new residential land use designations (R-35 and R- 40)for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city’s share of the Regional Housing Needs Assessment (RHNA). The proposed changes to land use designations on multiple sites have been presented and discussed with the community on many occasions, including as part of the Housing Element adoption in April 2021, a City Council meeting in August 2021, public outreach conducted in fall 2021, and a City Council meeting on Feb. 15, 2022. At the February 2022 meeting, the City Council provided direction on specific sites to analyze environmentally as part of this SEIR and present for possible land use changes through the public hearing process, expected to occur in 2023. Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 5 More information on the potential housing sites identified, including a map, is available at carlsbadca.gov/housingplan. Public Safety Element The Public Safety Element is a required component of a City’s General Plan that serves to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation associated with potential hazards. The recent approval of the Housing Element, including the identification of new housing sites for the 6th cycle Housing Element site inventory, have triggered required analysis and compliance with recent state safety legislation. The Public Safety Element Update will address the requirements of new State legislation and incorporate new policies based on updated local and regional data. The update will address these legislative requirements, including but not limited to: • Senate Bill 99; Identification of two access points in all emergency evacuation routes in Carlsbad • Senate Bill 379; Inclusion of a climate change vulnerability assessment • Senate Bill 1035; Consideration of climate adaptation and resiliency • Senate Bill 1241; Assessment of high fire hazard severity zones • Assembly Bill 162; Assessment of flood hazard and management • Assembly Bill 747; Evaluation of evacuation route capacity Zoning Ordinance Update Carlsbad Municipal Code (CMC) Title 21 is known as the Zoning Ordinance of the City of Carlsbad and consists of two main elements, the Zoning Ordinance and Zoning Map. To prevent incompatible land use relationships, the city’s Zoning Ordinance and Zoning Map designate different areas or zones for different types of land uses and establish standards for development. As a result of new policies and programs set forth in the Housing Element, along with recent state zoning legislation, updates to Title 21 will be made to ensure compliance with the General Plan and state law. The Zoning Ordinance and Map implement the city’s Local Coastal Program. Revisions to both will also trigger amendments to the Local Coastal Program that will be subsequently sent to the California Coastal Commission. ENVIRONMENTAL ANALYSIS: Approval of the Housing Element Implementation and Public Safety Element Update project would not include approval of any physical development (e.g., construction of housing or infrastructure). However, the SEIR will assume that such actions are reasonably foreseeable future outcomes of the project. As such, the SEIR will evaluate the potential physical environmental impacts that could result from future actions for implementing the policies proposed under the project at a programmatic level, in accordance with CEQA Guidelines Section 15168. The topical areas that will be addressed in the SEIR are: ▪ Aesthetics ▪ Air Quality ▪ Biological Resources ▪ Cultural Resources ▪ Energy ▪ Greenhouse Gas Emissions ▪ Geology, Soils, and Seismicity ▪ Hazards & Hazardous Materials ▪ Hydrology, Flooding, and Water Quality ▪ Land Use ▪ Noise ▪ Population & Housing ▪ Public Services ▪ Recreation ▪ Transportation ▪ Tribal Cultural Resources ▪ Utilities/Service Systems ▪ Wildfire In addition, the SEIR will address cumulative impacts, growth inducing impacts, alternatives, and other issues required by CEQA. PUBLIC COMMENT PERIOD: Written Comments The public review period begins Sept. 14, 2022 and ends October 14, 2022. The City of Carlsbad welcomes and will consider all written comments regarding potential environmental impacts of the project and issues to be addressed in the SEIR. Written comments must be submitted by Oct. 14, 2022. Please direct your comments to: Mail: Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Email: Scott.Donnell@carlsbadca.gov Please identify the name, phone number, and email address of a contact person at your agency. For members of the public, please also include your name and contact information, such as a phone number, email or postal address. Scoping Meetings The City of Carlsbad will host one in person SEIR Scoping Meeting and one SEIR Virtual Scoping Meeting. The purpose of the scoping meetings is to solicit input on the scope and content of the environmental analysis that will be included in the Draft SEIR for the Housing Element Implementation and Public Safety Element Update project. The date, time and link for the meeting are as follows: Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 7 In person meeting: Sept. 26, 2022, 6 p.m. Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA 92008 Virtual meeting: Sept. 28, 2022, 6 p.m. Register online at carlsbadca.gov/housingplan MORE INFORMATION: Call 442-339-2600 or visit carlsbadca.gov/housingplan Notice of Preparation Notice of Preparation To: From: Subject: Notice of Preparation of a Draft Environmental Impact Report ________________________________________willbetheLeadAgencyandwillprepareanenvironmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study ( is is not ) attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to _______________________________________________ at the address shown above. We will need the name for a contact person in your agency. Project Title: Project Applicant, if any: Date Signature Title Telephone Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a), 15103, 15375. Scott Donnell □ □ AMENDED NOTICE OF PREPARATION of a SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH Number 2022090339) Note: This amended notice extends the public comment period from Oct. 19, 2022, to Oct. 26, 2022. It also notes the addition of a third scoping meeting on Monday, Oct. 17, 2022. Details about these changes are provided in the “Public Comment Period” section at the end of this notice. The rest of the notice content has not changed. Pursuant to Section 15163(c) of the California Environmental Quality Act (CEQA) Guidelines, a supplement to an Environmental Impact Report (EIR) shall be given the same kind of notice and public review as is given a draft EIR under Section 15087. As stated in the CEQA Guidelines Section 15087, when an EIR is required for a project, a Notice of Preparation (NOP) describing the project and its potential environmental effects shall be prepared. You are being notified of the City of Carlsbad’s (city) intent, as Lead Agency, to prepare a Supplemental EIR (SEIR) for the Housing Element Implementation and Public Safety Element Update project as described below, which may be of interest to you and/or the organization or agency that you represent. The SEIR will be a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse # 2011011004), certified in 2015. This project is city- initiated. PROJECT NAME: Housing Element Implementation and Public Safety Element Update - GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) PROJECT LOCATION: Carlsbad is a coastal community with approximately 115,000 residents. The city is approximately 42 square miles in area and is located along the northern coast of San Diego County (about 30 miles north of the City of San Diego). Carlsbad is bordered to the north of the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and San Marcos, and to the west by the Pacific Ocean. The city contains a combination of industrial, commercial, and residential development, including a large regional shopping center, an auto-retail center, a large industrial park area, the LEGOLAND California Educational/Recreational Park, and a regional airport, as well as three lagoons, limited agricultural areas and large tracts of preserved open space. Interstate 5, El Camino Real, and Carlsbad Boulevard provide the major north-south routes through the city, as does the San Diego Northern Railroad (SDNRR) line. Major east-west routes include Carlsbad Village Drive, Tamarack Avenue, Cannon Road, Palomar Airport Road, Poinsettia Lane, and La Costa Avenue. City of Carlsbad Notice of Preparation - Housing Element Implementation and Public Safety Element Update SEIR Page 2 The regional setting is depicted in Figure 1. The Planning Area consists of the existing city limits and is depicted in Figure 2. Figure 1 Regional Location p 0 II 0 2.5 5 Miles c, 1010 . • rd iu lia-nwrs 'idt:d byC~n o Amage,y prov N d Ctty Limtts A Ii II rarlsba fa ., ,, 1 <· " \ le, ' ,1 ' I ~~-"" ...: ~"' 7~ ·;. iv· I ...e~ ·' ' ..... ' ., ' ~~~~ 9m1Valkv LOS Angel~ ....... ........ '"-"""""" """""' * ..san Diego M• : ' City of Carlsbad Notice of Preparation - Housing Element Implementation and Public Safety Element Update SEIR Page 3 Figure 2 Carlsbad City Boundaries City of Carlsbad Notice of Preparation - Housing Element Implementation and Public Safety Element Update SEIR Page 4 PROJECT DESCRIPTION: The project consists of updates to the General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city’s Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in state law. General Plan Updates Housing Element implementation triggers changes to the Land Use and Community Design Element. Furthermore, Housing Element approval and recently approved state housing and public safety legislation resulted in the need for changes to the Public Safety Element and the Zoning Ordinance. The Housing Element was analyzed under its own respective CEQA document, which was posted on the State Clearinghouse (SCH) website on April 22, 2021 (SCH#2011011004). Thus, this SEIR will solely analyze the potential impacts in relation to updates the city will propose to the General Plan, including the Land Use & Community Design Element and Public Safety Element, and to the city’s Zoning Ordinance, discussed below. Land Use & Community Design Element The Land Use & Community Design Element provides the long-term vision, goals, and policies for Carlsbad through the year 2035. The overall focus is to accommodate change and growth in the city, while preserving and enhancing the features and attributes that make Carlsbad such a desirable place to live. Topics covered in the element include land use designations, revitalization of older neighborhoods, preservation of existing neighborhoods as well as environmental resources and open space, development of new neighborhoods with varied housing opportunities, land use constraints, and new opportunity areas. The element also includes goals and policies to help implement the element’s vision and help maintain a healthy balance of development within Carlsbad. As stated previously, implementation of the city’s Housing Element triggers the need to make changes to the Land Use & Community Design Element, including the Land Use Map. These changes include the proposed addition of two new residential land use designations (R-35 and R- 40)for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city’s share of the Regional Housing Needs Assessment (RHNA). The proposed changes to land use designations on multiple sites have been presented and discussed with the community on many occasions, including as part of the Housing Element adoption in April 2021, a City Council meeting in August 2021, public outreach conducted in fall 2021, and a City Council meeting on Feb. 15, 2022. At the February 2022 meeting, the City Council provided direction on specific sites to analyze environmentally as part of this SEIR and present for possible land use changes through the public hearing process, expected to occur in 2023. City of Carlsbad Notice of Preparation - Housing Element Implementation and Public Safety Element Update SEIR Page 5 More information on the potential housing sites identified, including a map, is available at carlsbadca.gov/housingplan. Public Safety Element The Public Safety Element is a required component of a City’s General Plan that serves to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation associated with potential hazards. The recent approval of the Housing Element, including the identification of new housing sites for the 6th cycle Housing Element site inventory, have triggered required analysis and compliance with recent state safety legislation. The Public Safety Element Update will address the requirements of new State legislation and incorporate new policies based on updated local and regional data. The update will address these legislative requirements, including but not limited to: •Senate Bill 99; Identification of two access points in all emergency evacuation routes in Carlsbad •Senate Bill 379; Inclusion of a climate change vulnerability assessment •Senate Bill 1035; Consideration of climate adaptation and resiliency •Senate Bill 1241; Assessment of high fire hazard severity zones •Assembly Bill 162; Assessment of flood hazard and management •Assembly Bill 747; Evaluation of evacuation route capacity Zoning Ordinance Update Carlsbad Municipal Code (CMC) Title 21 is known as the Zoning Ordinance of the City of Carlsbad and consists of two main elements, the Zoning Ordinance and Zoning Map. To prevent incompatible land use relationships, the city’s Zoning Ordinance and Zoning Map designate different areas or zones for different types of land uses and establish standards for development. As a result of new policies and programs set forth in the Housing Element, along with recent state zoning legislation, updates to Title 21 will be made to ensure compliance with the General Plan and state law. The Zoning Ordinance and Map implement the city’s Local Coastal Program. Revisions to both will also trigger amendments to the Local Coastal Program that will be subsequently sent to the California Coastal Commission. ENVIRONMENTAL ANALYSIS: Approval of the Housing Element Implementation and Public Safety Element Update project would not include approval of any physical development (e.g., construction of housing or infrastructure). However, the SEIR will assume that such actions are reasonably foreseeable future outcomes of the project. As such, the SEIR will evaluate the potential physical environmental impacts that could result from future actions for implementing the policies proposed under the project at a programmatic level, in accordance with CEQA Guidelines Section 15168. The topical areas that will be addressed in the SEIR are: ▪Aesthetics ▪Air Quality ▪Biological Resources ▪Cultural Resources ▪Energy ▪Greenhouse Gas Emissions ▪Geology, Soils, and Seismicity ▪Hazards & Hazardous Materials ▪Hydrology, Flooding, and Water Quality ▪Land Use ▪Noise ▪Population & Housing ▪Public Services ▪Recreation ▪Transportation ▪Tribal Cultural Resources ▪Utilities/Service Systems ▪Wildfire In addition, the SEIR will address cumulative impacts, growth inducing impacts, alternatives, and other issues required by CEQA. PUBLIC COMMENT PERIOD: Written Comments The public review period begins Sept. 14, 2022 and ends October 26, 2022. The City of Carlsbad welcomes and will consider all written comments regarding potential environmental impacts of the project and issues to be addressed in the SEIR. Written comments must be submitted by Oct. 26, 2022. Please direct your comments to: Mail: Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Email: Scott.Donnell@carlsbadca.gov Please identify the name, phone number, and email address of a contact person at your agency. For members of the public, please also include your name and contact information, such as a phone number, email or postal address. City of Carlsbad Notice of Preparation - Housing Element Implementation and Public Safety Element Update SEIR Page 7 Scoping Meetings The City of Carlsbad will host two in person SEIR Scoping Meetings and one SEIR Virtual Scoping Meeting. The purpose of the scoping meetings is to solicit input on the scope and content of the environmental analysis that will be included in the Draft SEIR for the Housing Element Implementation and Public Safety Element Update project. The dates, times and link for the meetings are as follows: •In person meetings: Sept. 26, 2022, 6 to 7:30 p.m. Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA 92008 Oct. 17, 2022, 6 to 7:30 p.m. Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA 92008 •Virtual meeting: Sept. 28, 2022, 6 to 7:30 p.m. Register online at carlsbadca.gov/housingplan MORE INFORMATION: Call 442-339-2600 or visit carlsbadca.gov/housingplan Notice of Preparation Amended Notice of Preparation To: From: (Address) (Address) Subject:Amended Notice of Preparation of a Draft Environmental Impact Report ________________________________________willbetheLeadAgencyandwillprepareanenvironmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study ( is is not ) attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to _______________________________________________ at the address shown above. We will need the name for a contact person in your agency. Project Title: Project Applicant, if any: Date Signature Title Telephone Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a), 15103, 15375. Scott Donnell □ □ From:Howell, Susan@Wildlife To:Scott Donnell Cc:Drewe, Karen@Wildlife; Turner, Jennifer@Wildlife; Kalinowski, Alison (Ali)@Wildlife; Burlaza, Melanie@Wildlife; Ludovissy, Jennifer@Wildlife; OPR State Clearinghouse; Snyder, Jonathan Subject:Notice of Preparation Date:Monday, October 24, 2022 11:53:26 AM Attachments:2022090339_CarlsbadHousingUpdate_Clean2.docx.pdf Good Morning Mr. Donnell; Please find attached the Notice of Preparation of a Supplemental Environmental Impact Report for the Housing Element Implementation and Public Safety Element Update. If you have any questions or concerns regarding this letter, please contact Alison Kalinowski via email at Alison.Kalinowski@wildlife.ca.gov. Thank you for your time, Susan Howell Staff Services Analyst California Department of Fish and Wildlife 3883 Ruffin Road San Diego, CA 92123 858-467-4253 (Office) 858-386-9368 (Cell) Susan.Howell@wildlife.ca.gov CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 858-467-4201 www.wildlife.ca.gov October 24, 2022 Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Scott.Donnell@carlsbadca.gov Housing Element Implementation and Public Safety Element Update (PROJECT) NOTICE OF PREPARATION (NOP) OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH#: 2022090339 Dear Mr. Donnell: The California Department of Fish and Wildlife (CDFW) has reviewed the above-referenced Notice of Preparation (NOP) of a Supplemental Environmental Impact Report (SEIR) for the Housing Element Implementation and Public Safety Element Update (Project) in the City of Carlsbad (City). The City has an approved and permitted Subarea Plan (City of Carlsbad Habitat Management Plan (HMP)) under the subregional North County Multiple Habitat Conservation Program (MHCP). The City adopted their HMP in December 1999; CDFW and the U.S. Fish and Wildlife Service (USFWS) (jointly, the Wildlife Agencies) granted final approvals, including an Implementing Agreement (IA), in November 2004. The SEIR for the proposed Project must ensure and verify that all requirements and conditions of the HMP and IA are met. The SEIR should also address biological issues that are not addressed in the HMP and IA, such as specific impacts to and mitigation requirements for wetlands or sensitive species and habitats that are not covered by the HMP and IA. The SEIR will be a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse # 2011011004), certified in 2015. The Project consists of updates to the City’s General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the City’s Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in State law. Project approval would not include approval of any physical development (e.g., construction of housing or infrastructure); however, the SEIR will assume that such actions are reasonably foreseeable future outcomes of the Project. As such, the SEIR will evaluate the potential physical environmental impacts that could result from future actions in accordance with CEQA Guidelines Section 15168. COMMENTS AND RECOMMENDATIONS CDFW offers the following comments and recommendations to assist the City in adequately identifying, avoiding, and/or mitigating the Project’s significant, or potentially significant, direct, and indirect impacts on fish and wildlife (biological) resources. Comments are based off information provided in the NOP and the Project Scoping Meeting Presentation, dated October 17, 2022, available on the City’s website. DocuSign Envelope ID: 63B1C98F-AFF9-4095-99F9-CFE7F8CD4D35 Scott Donnell, Senior Planner City of Carlsbad October 24, 2022 Page 2 of 3 1) CDFW recommends that the SEIR “Biological Resources” section include the following: a. A discussion of direct, indirect, and cumulative impacts expected to adversely impact biological resources including resources in nearby public lands, open space, adjacent natural habitats, riparian ecosystems, and any designated and/or proposed existing reserve lands (e.g., preserve lands associated with a NCCP (NCCP, Fish & G. Code, § 2800 et. seq), including but not limited to Buena Vista Lagoon, Buena Vista Creek, Hosp Grove Park, and Agua Hedionda Creek). Impacts on, and maintenance of, wildlife corridors and habitat linkages, including linkages that connect coastal California gnatcatcher (Polioptila californica californica; ESA listed Threatened, CDFW Species of Special Concern (SSC)) populations, should be fully evaluated in the SEIR (CDFW, October 2022). b. Discussion of Project consistency with the biological goals and guidelines outlined in the City’s Habitat Management Plan (HMP) and Implementation Agreement, (e.g., Adjacency Standards). In addition, the Project should not preclude the completion of a viable reserve system as outlined in the HMP. c. An analysis of impacts from changes in land use designations and zoning located nearby or adjacent to natural areas that may inadvertently contribute to wildlife- human interactions. A discussion of possible conflicts and mitigation measures to reduce these conflicts should be included in the SEIR. d. A cumulative effects analysis, as described under CEQA Guidelines section 15130. General and specific plans, as well as past, present, and anticipated future projects, should be analyzed relative to their impacts on similar plant communities and wildlife habitats. Thank you for the opportunity to comment. CDFW appreciates the partnership with the City, and we look forward to working together in the future. Questions regarding this letter or further coordination should be directed to Alison Kalinowski, Environmental Scientist, at Alison.Kalinowski@wildlife.ca.gov. Sincerely, David A. Mayer Environmental Program Manager South Coast Region ec: CDFW Karen Drewe, CDFW, Karen.Drewe@wildlife.ca.gov Jennifer Turner, CDFW, Jennifer.Turner@wildlife.ca.gov Alison Kalinowski, CDFW, Alison.Kalinowski@wildlife.ca.gov Melanie Burlaza, CDFW, Melanie.Burlaza@wildlife.ca.gov Jennifer Ludovissy, CDFW, Jennifer.Ludovissy@wildlife.ca.gov OPR State Clearinghouse, Sacramento, State.Clearinghouse@opr.ca.gov DocuSign Envelope ID: 63B1C98F-AFF9-4095-99F9-CFE7F8CD4D35 Scott Donnell, Senior Planner City of Carlsbad October 24, 2022 Page 3 of 3 USFWS Jonathan Snyder, USFWS, Jonathan_D_Snyder@fws.gov References California Department of Fish and Wildlife. October 2022. Special Animal List. Accessed from: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406&inline. California Environmental Quality Act (CEQA). California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000. City of Carlsbad. Amended Notice of Preparation of a Supplemental Environmental Impact Report Housing Element Implementation and Public Safety Element. City of Carlsbad. October 2022. Public Scoping Meeting Presentation for Housing Element Implementation & Public Safety Element Update. Accessed from: https://www.carlsbadca.gov/home/showpublisheddocument/11606/638016815524830000. City of Carlsbad. December 2021. Housing Element Update Public Input Summary Report. Accessed from: https://www.carlsbadca.gov/home/showpublisheddocument/9002/637792225009470000 DocuSign Envelope ID: 63B1C98F-AFF9-4095-99F9-CFE7F8CD4D35 “Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 11 4050 TAYLOR STREET, MS-240 SAN DIEGO, CA 92110 (619) 709-5152 | FAX (619) 688-4299 TTY 711 www.dot.ca.gov October 19, 2022 11-SD-5, 78 PM VAR Housing Element Implementation and Public Safety Element Update NOP/SCH#2022090339 Mr. Scott Donnell Senior Planner City of Carlsbad 1636 Faraday Ave. Carlsbad, CA 92008 Dear Mr. Donnell: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the Notice of Preparation (NOP) for the Housing Element Implementation and Public Safety Element Update located near Interstate 5 (I-5) and State Route 78 (SR-78). The mission of Caltrans is to provide a safe and reliable transportation network that serves all people and respects the environment. The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. Safety is one of Caltrans’ strategic goals. Caltrans strives to make the year 2050 the first year without a single death or serious injury on California’s roads. We are striving for more equitable outcomes for the transportation network’s diverse users. To achieve these ambitious goals, we will pursue meaningful collaboration with our partners. We encourage the implementation of new technologies, innovations, and best practices that will enhance the safety on the transportation network. These pursuits are both ambitious and urgent, and their accomplishment involves a focused departure from the status quo as we continue to institutionalize safety in all our work. Caltrans is committed to prioritizing projects that are equitable and provide meaningful benefits to historically underserved communities, to ultimately improve transportation accessibility and quality of life for people in the communities we serve. We look forward to working with the City of Carlsbad in areas where the City and Caltrans have joint jurisdiction to improve the transportation network and connections CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR California Department of Transportation •• li:t/trans· Mr. Scott Donnell, Senior Planner October 19, 2022 Page 2 “Provide a safe and reliable transportation network that serves all people and respects the environment” between various modes of travel, with the goal of improving the experience of those who use the transportation system. Caltrans has the following comments: Traffic Impact Study • New developments resulting from the City’s Housing Element update should provide a Vehicle Miles of Travel (VMT) based Traffic Impact Study (TIS). Please use the Governor’s Office of Planning and Research Guidance to identify VMT related impacts.1 • The TIS may also need to identify the proposed project’s near-term and long-term safety or operational issues, on or adjacent to any existing or proposed State facilities. Planning As part of the City’s 2022 Housing Element update, Caltrans requests that the City include discussions and mapping/graphics that describe the City’s existing and future housing inventory per the City’s Regional Housing Needs Assessment (RHNA). Housing-element law requires a quantification of each jurisdiction’s share of the regional housing need as established in the RHNA Plan prepared by the jurisdiction’s metropolitan planning organization (MPO) or council of governments. In accordance with California Government Code Sections 65583 and 65584, housing elements shall contain an analysis of population and employment trends and documentation of projections and quantification of the locality’s existing and projected housing needs for all income levels. These projected needs shall include the locality’s share of the regional housing needs (ie. RHNA) per Government Code Section 65584. Complete Streets and Mobility Network Caltrans views all transportation improvements as opportunities to improve safety, access and mobility for all travelers in California and recognizes bicycle, pedestrian and transit modes as integral elements of the transportation network. Caltrans supports improved transit accommodation through the provision of Park and Ride 1 California Governor's Office of Planning and Research (OPR) 2018. "Technical Advisory on Evaluating Transportation Impacts in CEQA." https://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf Mr. Scott Donnell, Senior Planner October 19, 2022 Page 3 “Provide a safe and reliable transportation network that serves all people and respects the environment” facilities, improved bicycle and pedestrian access and safety improvements, signal prioritization for transit, bus on shoulders, ramp improvements, or other enhancements that promotes a complete and integrated transportation network. Early coordination with Caltrans, in locations that may affect both Caltrans and the City of Carlsbad is encouraged. To reduce greenhouse gas emissions and achieve California’s Climate Change target, Caltrans is implementing Complete Streets and Climate Change policies into State Highway Operations and Protection Program (SHOPP) projects to meet multi-modal mobility needs. Caltrans looks forward to working with the City to evaluate potential Complete Streets projects. Maintaining bicycle, pedestrian, and public transit access during construction is important. Mitigation to maintain bicycle, pedestrian, and public transit access during construction is in accordance with Caltrans’ goals and policies. Land Use and Smart Growth Caltrans recognizes there is a strong link between transportation and land use. Development can have a significant impact on traffic and congestion on State transportation facilities. In particular, the pattern of land use can affect both local vehicle miles traveled and the number of trips. Caltrans supports collaboration with local agencies to work towards a safe, functional, interconnected, multi-modal transportation network integrated through applicable “smart growth” type land use planning and policies. The City should continue to coordinate with Caltrans to implement necessary improvements at intersections and interchanges where the agencies have joint jurisdiction. Environmental Should future projects based upon the changes enacted from the General Plan have elements and/or mitigation measures that affect Caltrans’ Right-of-Way (R/W), Caltrans would welcome the opportunity to be a Responsible Agency under the California Environmental Quality Act (CEQA). Broadband Caltrans recognizes that teleworking and remote learning lessen the impacts of traffic on our roadways and surrounding communities. This reduces the amount of VMT and decreases the amount of greenhouse gas (GHG) emissions and other pollutants. The Mr. Scott Donnell, Senior Planner October 19, 2022 Page 4 “Provide a safe and reliable transportation network that serves all people and respects the environment” availability of affordable and reliable, high-speed broadband is a key component in supporting travel demand management and reaching the state’s transportation and climate action goals. Right-of-Way • Per Business and Profession Code 8771, perpetuation of survey monuments by a licensed land surveyor is required, if they are being destroyed by any construction. • Any work performed within Caltrans’ R/W will require discretionary review and approval by Caltrans and an encroachment permit will be required for any work within the Caltrans’ R/W prior to construction. Additional information regarding encroachment permits may be obtained by contacting the Caltrans Permits Office at (619) 688-6158 or emailing D11.Permits@dot.ca.gov or by visiting the website at https://dot.ca.gov/programs/traffic-operations/ep. Early coordination with Caltrans is strongly advised for all encroachment permits. If you have any questions or concerns, please contact Kimberly Dodson, LDR Coordinator, at (619) 985-1587 or by e-mail sent to Kimberly.Dodson@dot.ca.gov. Sincerely, Maurice A. Eaton MAURICE EATON Branch Chief Local Development Review STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Page 1 of 5 September 27, 2022 Scott Donnell City of Carlsbad, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: 2022090339, Housing Element Implementation and Public Safety Element Update Project, San Diego County Dear Mr. Donnell: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, §15064.5 (b) (CEQA Guidelines §15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)(1) (CEQA Guidelines §15064 (a)(1)). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, “tribal cultural resources” (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC’s recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash PARLIAMENTARIAN Russell Attebery Karuk SECRETARY Sara Dutschke Miwok COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay EXECUTIVE SECRETARY Raymond C. Hitchcock Miwok/Nisenan NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 5 AB 52 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code §21080.3.1 (d)). d. A “California Native American tribe” is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe’s Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. (d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1(b)). a. For purposes of AB 52, “consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project’s impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c)(1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency’s environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 3 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code §21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC’s PowerPoint presentation titled, “Tribal Consultation Under AB 52: Requirements and Best Practices” may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf Page 4 of 5 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor’s Office of Planning and Research’s “Tribal Consultation Guidelines,” which can be found online at: https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf. Some of SB 18’s provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a “Tribal Consultation List.” If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city’s or county’s jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor’s Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and “Sacred Lands File” searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (https://ohp.parks.ca.gov/?page_id=30331) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed for cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 5 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project’s APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, §15064.5(f) (CEQA Guidelines §15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, §15064.5, subdivisions (d) and (e) (CEQA Guidelines §15064.5, subds. (d) and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. If you have any questions or need additional information, please contact me at my email address: Pricilla.Torres-Fuentes@nahc.ca.gov. Sincerely, Pricilla Torres-Fuentes Cultural Resources Analyst cc: State Clearinghouse STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMI SSION Page 1 of 5 October 14, 2022 Scott Donnell City of Carlsbad, Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 Re: 2022090339, Housing Element Implementation and Public Safety Element Update Project, San Diego County Dear Mr. Donnell: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, §15064.5 (b) (CEQA Guidelines §15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)(1) (CEQA Guidelines §15064 (a)(1)). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, “tribal cultural resources” (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC’s recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. CHAIRPERSON Laura Miranda Luiseño VICE CHAIRPERSON Reginald Pagaling Chumash SECRETARY Sara Dutschke Miwok COMMISSIONER Isaac Bojorquez Ohlone-Costanoan COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomlaki COMMISSIONER Wayne Nelson Luiseño COMMISSIONER Stanley Rodriguez Kumeyaay COMMISSIONER [Vacant] COMMISSIONER [Vacant] EXECUTIVE SECRETARY Raymond C. Hitchcock Miwok/Nisenan NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov Page 2 of 5 AB 52 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code §21080.3.1 (d)). d. A “California Native American tribe” is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe’s Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. (d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1(b)). a. For purposes of AB 52, “consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project’s impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c)(1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency’s environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 3 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 (c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code §21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code §21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC’s PowerPoint presentation titled, “Tribal Consultation Under AB 52: Requirements and Best Practices” may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/10/AB52TribalConsultation_CalEPAPDF.pdf Page 4 of 5 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor’s Office of Planning and Research’s “Tribal Consultation Guidelines,” which can be found online at: https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf. Some of SB 18’s provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a “Tribal Consultation List.” If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city’s or county’s jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor’s Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and “Sacred Lands File” searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (https://ohp.parks.ca.gov/?page_id=30331) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed for cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 5 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project’s APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, §15064.5(f) (CEQA Guidelines §15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, §15064.5, subdivisions (d) and (e) (CEQA Guidelines §15064.5, subds. (d) and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. If you have any questions or need additional information, please contact me at my email address: Pricilla.Torres- Fuentes@nahc.ca.gov. Sincerely, Pricilla Torres-Fuentes Cultural Resources Analyst cc: State Clearinghouse 1 Scott Donnell, Senior Planner City of Carlsbad, Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Scott.Donnell@carlsbadca.gov Mr. Donnell, Please see the following comments from Citizens for a Friendly Airport (C4FA). This is to go on record as our group’s comment regarding RHNA Scoping. We hope consideration will be given specific to McClellan-Palomar Airport impact on the sites in the Airport Impact Area before any final decisions are determined. Thank you for the opportunity to comment. Sincerely, Hope Nelson Mary Anne Viney Representing C4FA From CEQA APPENDIX G: ENVIRONMENTAL CHECKLIST FORM, potential applicability to: VIII. HAZARDS AND HAZARDOUS MATERIALs, X. LAND USE AND PLANNING, and XII. NOISE as well as other potential environmental impacts: Please include the following comments and questions: The Palomar Airport is a source of potentially harmful levels of various air pollutants, including criteria air pollutants ozone, particulate matter and lead, as well as GHGs, to the surrounding community. Social Justice Issues: per the CA State Attorney General "Aircrafts emit particulate matter, nitrogen oxides, and hazardous air pollutants. Residents living within 10 miles of airports — which disproportionately include disadvantaged minority and low-income communities — are exposed to large amounts of these harmful pollutants through emissions from aircraft landing and takeoff operations.” Link: https://oag.ca.gov/news/press-releases/attorney-general-becerra-carb-lead-coalition-challenging- trump-administrations. 2 The RHNA site plan appears to locate at least some of the RHNA sites potentially in harm’s way of perhaps maximum healthy and safety impacts from the Palomar Airport, including arrival and take-off paths. How will the health and safety of residents of the potential RHNA sites within the Airport Influence Area (AIA) be protected from health impacts of potentially dangerous levels of air pollution? Please identify specific steps/ mitigation that would be taken. As determined by the Division of Aeronautics, CA State law requires that an Airport Compatibility Plan be based on a long-range Airport Master Plan or Airport Lay-Out Plan (ALP), that reflects the anticipated growth of the Airport during at least the next 20 years. Please include a review of the current Palomar Airport Master Plan and/ or ALP to determine how anticipated growth of the Airport during at least the next 20 years could impact the health and safety of residents of the proposed RHNA development and identify specific impacts to residents due to Airport growth. Per a San Diego County Airport Staff email, "In addition to your RPZ questions, I would recommend you review Palomar Airport’s Land Use Compatibility Plan (ALUCP) if you haven’t already. Link: https://san.org/File-Manager?Command=Core_Download&EntryId=2991. The ALUCP promotes compatibility between airports and the land uses that surround them. Sites 6 and 9 reside within the Airport’s Safety Zones and noise contours, as identified in the compatibility plan. The City of Carlsbad Planning Department will utilize the compatibility plan when reviewing a proposed project near the airport." Please note Airport Land Policy screen shot below, ALUC policy for infill, sourced from the ALUC plan. For Sites #6 and 9, please identify in which safety zones they are located, and identify zoning, noise level, safety and zoning (land use) restrictions, that would apply. Please provide this information for all other sites included within the Airport influence Area (AIA). Please provide an overlay map of the AIA and the RHNA sites in order that the Public can review which RHNA sites are located within the AIA. The AIA is comprised of noise, safety, airspace protection and overflight compatibility factors. Please identify and provide noise, safety, airspace protection and overflight compatibility factors/ regulations that would apply to RHA sites within the AIA. The AIA is a defined area encompassing Palomar Airport over which the Land Use Compatibility Commission will make an airport land use consistency determination, based on the policies of the Palomar Airport of the ALUCP. Please identify and provide all official maps required to make the airport land use consistency determination. Per the ALUC website, link: https://www.san.org/Airport-Projects/Land-Use-Compatibility, "Once ALUCPs have been adopted by the ALUC, local agencies with land located within the AIA boundary for any of the airports must, by law, amend their planning documents to conform to the applicable ALUCP.” Please provide City of Carlsbad adopted ALUC plan, including criteria for making consistency determinations, building standards and height and land use restrictions, site layout, maximum density and intensity limits, and other relevant zoning restrictions and factors as noise and overflight notification. Per the Airport Land Use Commission (ALUC) website “ALUCPs [the Airport Land Use Commission Plans] protect the health, safety and welfare of people on the ground and their property by providing noise 3 and safety standards and disclosure of overflight.” and “ALUCPs provide guidance on appropriate land uses surrounding airports to protect the health and safety of people and property within the vicinity of an airport, as well as the public in general.", link: https://www.san.org/Airport-Projects/Land-Use- Compatibility, Can the State RHNA regulations override ALUC zoning restrictions within the AIA? Will the normal Environmental Impact Review and process be modified in any way to suit RHNA state regulations, conditions and/or timing? Please specify. Please confirm the following from the California Airport Land Use Planning Handbook published by the California Department of Transportation, Division of Aeronautics as applicable to the RHNA sites within the AIA: "1.3.3 Plan Consistency "Government Code (Gov. Code) Section 65302.3 (a) states that a county’s or city’s general plan, as well as any applicable specific plans, “shall be consistent” with an ALUCP and that every affected county or city must amend its general and specific plans as necessary to keep them consistent with the ALUCP. The ALUC reviews the general plan (and applicable specific plans) and makes a consistency determination (PUC Section 21676(a)). If the ALUC determines the local plan to be inconsistent with the ALUCP, the local agency shall reconsider its plan, or overrule the ALUC’s decision. The overrule is accomplished by a two-thirds vote of the local agency’s governing body, accompanied by specific findings that its action meets the intent of Article 3.5 of the SAA (PUC Section 21676(a)) and other published case law. Any local agency seeking to amend its general plan, a specific plan, or adopt zoning ordinance or building regulation within the airport influence area must first refer its proposed amendments to the ALUC for a determination if the proposed action is consistent with the airport land use compatibility plan. If the ALUC determines that the amendment is not consistent, the local agency may not enact the plan or regulation unless a two-thirds of the local agency’s governing body votes to overrule the ALUC’s inconsistency determination and the local government makes specific findings that its proposed action is consistent with the purposes of the Article 3.5 of the SAA (PUC Section 21676 (b)) and other published case law. The significance of this is that even if a local agency invokes the overrule provision, the local agency’s actions must be in compliance with SAA.” Will any of the RHNA sites be located within 1000 feet of the Palomar Airport Landfill? Projects that propose the construction of buildings on landfill property within 1,000 feet of buried waste are subject to specific requirements pursuant to California Code of Regulations Title 27 Section 21190, Post-closure Land Use, link: https://www.sandiegocounty.gov/content/dam/sdc/dpw/AIRPORTS/palomar/documents/Ma ster-Plan-Update/PEIR-Appendices/Final_PEIR_Appendix_C.pdf. The Palomar Airport "is located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.”Link:shttps://www.sandiegocounty.gov/content/dam/sdc/dpw/AIRPORTS/palomar/doc uments/Master-Plan-Update/PEIR-Appendices/Final_PEIR_Appendix_C.pdf. Is the City aware of these issues, what steps will be taken to protect RHNA residents? Additional questions regarding the AIA process: 4 • What regulations are in place to protect low-income housing project residents from high decibel Noise coming from the nearby Airport? • What provisions will be made to keep low-income residents safe given housing appears to be under the nearby Airport arrival paths?* • Will the maps be the same for Noise, Air Pollution, Resident Safety? • Who has final approval for building sites? What is the process? Steps involved? • For sites in the Airport Land Use Compatibility Plan, at what point will the Airport Land Use Commission (ALUC) be engaged?** • What and when in the process with there be further opportunities for citizen review? CHAPTER2 ARPORT LNOUSECOWISSIONPOUCIES ,_,, (a) Except as specifically provided below. all policies provided in this Compmibiliry Plan shall apply to infill. (b) Infill development is not permined in the following locations. (I) No t_ype of itt{il/ development shall be pennitted in Safely Zone I (the runway protection zones). (2) Residentia1 infill development shall not be pennitted within Safety Zone 2 or Safet Z.one 5. except as provided for in Policy 2.11 .4. (3) Residentia1 infill development shaJI not be allowed where the dwellings would be exposed to noise levels of more than 70 dB CNEL. (4) Infill is not applicable within Review Area 2 as land uses are not restricted in this area. other than with respect to height limits. related airspace protection policies. and overflight notification requirements. (c) In locations within Safety Zones 2 and 5 (nonresidential development) and Safe1y Zones 3. 4 and 6 (residentia1 and nonresiden1ia1 development). development can be considered for infill if it meets any one of the following criteria. (I) The parcel or parcels on which theprojec1 is to be situated is pan of an area iden1ified by the local agency on a map as appropria1e for infill development. the local agency has submitted the map to the ALUC for infill identification and processing. and the ALUC has concurred with the infill identification. The intent is that a11 parcels eligible for infill be identified at one time by the local agency. This action may take place a1ong with the process of amending a general plan for consistency with this Compatibility Plan or may be subrniued by the local agency for consideration by the ALUC at the time of initial adoption of this Compatibility Plan. (2) The project application submitted by the loa,I agency to the ALUC for a consistency detem1ination identifies the site as an area appropriate for infill development and the ALUC concurs with the infill identification. This situa1ion may apply if a map has not been submined by the loct1I t1ge11cy for infill identification consistent with the requirements of Policy 2.11.1 (cXI). above. (3) The ALUC determines that the parcel is pan of an identifiable area of existing development. and: • At least 65% of the identifiable area was developed prior to adoption of this Compatibility Pim, with land uses not in conformance with this Compatibility Plan: Mc0tl11111.Pabm¥ Ai!p(rt LandU# Compatiblly PJan Madi 4, 1010AmerwJ&dDl!'canb&t I, 2011 5 CEQA APPENDIX G: ENVIRONMENTAL CHECKLIST FORM: III. potential applicability to AIR QUALITY as well as other potential environmental impacts: Please include the following comments: San Diego County has failed to meet the Ozone air quality health standard and, according to the American Lung Association, the 24-hour health standard (short term) for Particulate Matter. Criteria Air Pollutant Ozone Non-Attainment: San Diego County has not attained safe levels of ozone mandated by EPA for many years, and San Diego County ozone levels are now classified as severe. Per the American Lung Association: "The damage ozone does to the body can be deadly. Recent research has affirmed earlier findings that short-term exposure to ozone, even at levels below the current standard, likely increases the risk of premature death, particularly for older adults. There is also a growing body of evidence that long-term exposures to ambient ozone may be associated with an increased risk of cardiovascular and respiratory disease mortality.” Criteria Air Pollutant Particulate Matter: CA Attorney General Bonta said in a press release concerning EPA Aircraft Emissions Standards litigation: “'Communities living, working, and going to school near airports are bearing the brunt of particulate matter pollution from airplanes and the resulting health consequences’...Particulate matter pollution causes up to 45,000 deaths per year nationwide and disproportionately impacts California’s most vulnerable populations. Particulate matter is linked to increased mortality from COVID-19 and other serious public health problems including cardiovascular disease, respiratory impacts, and cancer...The worst health effects occur from particulate matter emitted from airplanes during takeoff and landing, most impacting communities that live, work, and go to school near airports. These communities are disproportionately low-income communities and communities of color…” link: https://oag.ca.gov/news/press-releases/attorney-general-bonta-carb-epa-must-rethink-standards- regulating-particulate. Other Air Pollutant that Palomar Airport is a source of, impacting public health: Criteria Air pollutant Lead: The verdict has been in for decades that lead is a developmental neurotoxin that is persistent in the human body and the environment, and that health impacts to children who live near airports are greater than the general population. The Environmental Protection Agency (EPA) states that there is no known safe level of exposure to lead. The situation is urgent and together, we must stop poisoning our children now. Communities of color that live under the fight path, such as Vista, which is about 50% Hispanic, may be at increased risk. Palomar Airport is amongst the 50 most lead-polluting airports in the nation. GHGs: GHGs: Aircraft are a significant, unregulated source of GHGs that cause climate change. "Climate change represents a massive threat to respiratory health: 1) by directly promoting or aggravating respiratory diseases; or 2) by increasing exposure to risk factors for respiratory diseases. Climate change increases the amount of pollen and allergen produced by each plant, mold proliferation and the concentrations of outdoor ozone and particulate matter at ground level. The main diseases of concern are asthma, rhinosinusitis, chronic obstructive pulmonary disease (COPD) and respiratory tract infections. Groups at higher risk of climate change effects include individuals with pre-existing cardiopulmonary diseases or disadvantaged individuals…”. Link: https://err.ersjournals.com/content/23/132/161. From:Lori Robbins To:Scott Donnell Subject:Another comment for environmental study Date:Monday, September 26, 2022 7:58:31 PM Hi Scott The environmental studies should account for projects that have completed but not occupied yet, future projects thathave been approved but have not broken ground yet. Thanks much Lori Robbins CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Mary Mikolich To:Scott Donnell Subject:Area to be rezoned Date:Wednesday, October 26, 2022 3:31:51 PM Dear Mr. Donnell, I am writing to voice my concern about the potential rezoning of area 10 near Breasi Ranch. Will there be feasibilitystudies? Now as we have it there is an airport close by which not only makes noise but leaves air pollution. We arenext door to two hotels and have many businesses around us and have potential for higher amounts of crime. Thehotels also have a lot of coming and going. It will bring more traffic as well. Please reconsider this area.Yours truly, Mary Mikolich CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Brian D To:Scott Donnell; Shannon Harker Subject:Building at Site 10 Date:Wednesday, October 26, 2022 9:16:51 AM Hello Scott and Shannon. First off, thank you for everything you are doing for the residents of Carlsbad. My family and I reside in the condos at Colt Place in Carlsbad. We are one of the 25 "affordable" units and it has been a huge blessing to own a condo instead of renting which we had done in Carlsbad for the previous 8 years. Being in the affordable program we probably have a unique view of the potential development at the end of the Colt Place cul-de-sac. While I support the idea of builders being required to sell a portion of new homes to lower income familiesmy concern with this particular site revolves around traffic and parking. There is one way in and out which is the cul-de-sac other than driving through the hotel/commercial parking area which is not ideal. We already have significant traffic on the private road that connects Colt Place with the Sprouts shopping center, somuch so that many residents wanted to gate the community. This ended up not being possible due to an easement that the shopping center has allowing traffic on the private road. Adding more units in that location would inevitably bring more traffic to our private road with residents cutting through going to the Sprouts center or justshort-cutting out to El Fuerte. I would be in support of building maybe up to 15 units on that property but 30+ units would not be healthy for this area. I'm happy to jump on a call if you have any other questions for me. Again, I appreciate your time on this project. Best regards, Brian Davenport 6124 Colt Place, Unit 102Carlsbad, CA 92009 760-300-0071 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Valerie and Dennis Cowan To:Scott Donnell Subject:C4fa Date:Sunday, October 16, 2022 10:27:14 AM Dear Scott, Carlsbad is a gem that need to be saved from continued development turning us into anotherOC. Please consider the following: Best Regards, Val and Dennis Cowan, South Carlsbad What regulations are in place to protect residents from: High decibel Noise coming from the nearby Airport Air Pollution coming from the nearby Airport, specifically Lead Particle Pollution Ground Level GHG's GHG's What provisions will be made to keep residents safe given new housing appears to be under the nearby Airport arrival paths? Will the City require a new comprehensive noise study to be performed to measure the impact of noise from Palomar Airport? The last one done for Palomar Airport was in 2005. Which of the various maps will delineate the Airport Influence Areas involved? Will maps show changes to these Airport Influence Areas that will occur should the D-3 Airport be built per the Palomar Airport Master Plan? • 0 0 ■ ■ ■ ■ • • • 0 Will the maps be the same for Noise, Air Pollution, Resident Safety? Who has final approval for building sites? What is the process? Steps involved? CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. • • 0 0 From:derek brigden To:Scott Donnell; Scott Chadwick; Priya Bhat-Patel; Geoff.patnoe@carlsbad.gov Cc:derek brigden Subject:Carlsbad Housing Plan Site 10 Date:Saturday, October 22, 2022 1:45:51 PM My name is Derek Brigden and I am a resident homeowner on Colt Place. I want to place on record my opposition to the rezoning of site 10. Adding any additional housing on this site will be very detrimental to the existing homeowners. There is no access to Palomar Airport road from the site. All the additional traffic will be on the Colt Place cul-de- sac. This would be disastrous in the event of any emergencies requiring evacuation. Please remove Site 10 from your consideration. Regards, Derek Brigden 6148 Colt Place, Unit 102 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:mga_sca@msn.com To:Scott Donnell Subject:Carlsbad Housing Plan Date:Thursday, September 15, 2022 4:25:38 PM Hi Scott, We recently purchased a property in Kensington at the Square condo development near the Bressi Ranch neighborhood. I received notice earlier this week on the proposed housing plan for lot 10 and was concerned on the conversion to high density housing vs. the current commercial zoning. Since moving into our property in early June, we have noticed on several occasions that people are sleeping in their cars on Colt Place (the main road into our housing development). As well as multiple car break-ins that were reported through our community emails. As I was unable to provide input earlier, please consider this official feedback on my concern for converting lot 10 away from a commercial zone. With the congestion already in place in this specific location my hope is for you to consider alternative locations for the near future. Please let me know if you have any questions on response. Sincerely, Mike Anderson 6018 Colt Pl, unit 101 Carlsbad 651-303-8492 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steve Jaffe To:Scott Donnell Subject:Carlsbad- Potential Housing Site #10 Date:Sunday, October 23, 2022 4:49:13 PM Hi Scott, I live in the Kensington at the Square community and currently am a member of the HOA Board of Directors. After additional counsel, our community actually needs any application requests or interest submitted to the City over the last (10) ten years for usage or development by any developer, builder or interested party. Also, to help define concerns re: development on housing site #10 for your environmental study please formally note the concerns listed below. CONCERNS for environmental impact: identifying pollution issues in the environment, inclusive of, but not limited to air, water, and land. The influence of additional population on the environment, review of spill anticipation programs and dangerous waste regulations, wildlife protection / extensive study of wildlife, natural land, animal, insect, soil, plant protection, water concerns, safety and usage. Concerns of any and all hazmat related problems, any and all waste problems, soil testing, emissions, any and all land, air and water possible contaminants or protection. Truly amazes me that given the enormous drought conditions facing the state that the City and State are adding additional housing on vacant lots at this time versus retrofitting existing properties. In addition we have significant parking/easement issues with the current business park adjacent to this parcel, as well as concerns for additional traffic on Colt Place as a result of adding new units. We further expect that more cars will use our complex as a drive through (and these folks typically drive way too fast) to the Sprouts shopping center and further endangering the lives of the children here who play outside. Have also had a number of reports of drug use/homeless damage/criminal activity in the business park and on Colt Pl adjacent to this parcel as well. Adding additional units will only exacerbate this problem. For these reasons I request that the City eliminate Housing Site #10 from their list of potential building sites. Thank you Scott. Steve Jaffe 6108 Colt Pl, #101 Carlsbad, CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:lee eckel To:Scott Donnell Subject:Carlsbad Site #10 EIR Study Input Date:Wednesday, October 26, 2022 4:45:04 PM Mr. Donnell. I live on Colt Place near the cul de sac that fronts the subject property. That 2.6 acre site is a difficult one for development for any use--commercial or residential--for thesimple reason it has only a single, bottle neck opening for the ingress and egress of vehicles. The exit to the west is problematic at best as it involves going through the parking lots of thetwo existing hotel properties. The only exit to a public street is south on the Colt Place public street. (Going east involves driving on a private street maintained by the Kensington onSquare Homeowners Association and the adjacent Sprout shopping center. At any kind of residential density even close to the 19/acre mentioned, traffic on a regular basis would be astrain and a burden on the short Colt Place stub, let alone an emergency where it would be nearly impossible to deal with another 50 or 100 vehicles. I am sure there are many otherissues to consider in respect to planning for the development of this parcel, but I believe this one alone is a "deal killer" for the one under consideration at this time. Thank you and yourstaff for your consideration of our neighborhood's opinions and insights. Lee Eckel 6148 Colt Place (760) 889-9914 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Jaimie Augustine To:Scott Donnell; Scott Chadwick; Priya Bhat-Patel; Geoff.patnoe@carlsbad.gov Subject:Carlsbad Site 10/11 for Affordable Housing Date:Saturday, October 22, 2022 4:35:06 PM Hello Scott and Carlsbad Planning Team, I spoke with Councilman Blackburn and Shannon Harker yesterday about the EIR for sites 10/11, for proposed affordable housing. Unfortunately the survey has been inactivated so as a resident at Kensington at the Square in Bressi Ranch, I would like to provide my concerns for the record: 1. I would like traffic impacts, crime rate and police reports to be pulled. Additional people who do not have a vested interest in the area because they rent vs own, will negatively impact the safety of nearby residents. There is already heavy traffic through our complex due to the location. Any additional traffic will create an area that is unsafe for children and adults to walk due to the sheer volume of traffic. 2. Noise pollution. We already experience heavy traffic noise from Palomar Airport Road and jet/airplane noise from Palomar airport. Additional residents will only increase the noise. 3. The lot is currently home to many bird species including a few hawks and owls. I would like to understand the impacts to removing the places where they nest. Thank you, Jaimie Augustine 6026 Colt Pl #102 Carlsbad, CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Joyce Hassell To:Scott Donnell Subject:Carlsbad Date:Wednesday, October 12, 2022 7:19:42 PM Please stop building! Keep Carlsbad special with it’s charm, as it is! Thank youJoyce Hassell RNSent from my iPhoneCAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steven Miller To:Scott Donnell; Keith Blackburn; Planning Subject:CEQA/ EIR study for Carlsbad site #10 Date:Tuesday, October 25, 2022 6:13:30 PM Hello: I am a resident next door to the proposed site #10 to build new housing. I want to raise my concerns to the city, including the staff, to consider the following issues in anyenvironmental impact report: 1. Traffic: The site has in its current form limited egress and ingress. Most of the traffic in its current setup would have to exit out onto Colt Place (unless there is an easement where theStaybridge Suites is). I am concerned about too much traffic flooding onto Colt Place. Moreover, residents at site 10 going to Sprouts, CVS and the stores in that direction, need tocross over an easement which includes a road that the homeowners association at Kensington must pay 15.2% of the costs due to wear and tear. Perhaps any site 10 association shouldshare with that expense. 2. There needs to be ingress and egress going from site 10 directly to Palomar Airport road which it is adjacent to to avoid further traffic/ congestion onto colt road. 3. Any density studies must also include not just enough parking for all residents, but forguests, deliveries and maintenance. Again and deficiency in this regard will only make things much worse on Colt Pl. 4. Electric Utilities handle new residents? In or around August 2022, there was a completepower outage in the neighborhood where site 10 is located. Wouldn't the additional construction of more units, therefore more residents, in light of the power outage put more, notless pressure on an already overburdened system? Is the power grid going to be expanded to handle this? 5. Noise: What is the impact of new noise in the surrounding area if site 10 is developed? 6. pollution: What is the impact the development will have on the environment. 5. What is the significance of the airport being so close to site 10? 6. Is there enough water to accommodate this new potential development? 7. Are there any endangered species of animals that live on site 10 that would be at riskshould the site be developed? 8. Overdensity: I would like the staff and city to consider the above questions I raise based upon different hypothetical development densities they developers are proposing. -- Steven Steven L. Miller 6018 Colt Place #104Carlsbad, CA. 92009 (818)515-2187 stevenlmillerlaw@gmail.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Janet Newman To:Scott Donnell Subject:City cite 14 Date:Wednesday, October 12, 2022 6:33:08 PM I strongly object to this planned development. It is way too much for the infrastructure of our small beach community. There certainly must be something better we can do. I understand the mandate from the state but this is totally out of line. Thanks Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Lory McGregor To:Scott Donnell Subject:Comments on Housing Plan Date:Friday, September 30, 2022 9:13:09 AM Hello Scott, I have been a resident of San Diego County since 1976 and Carlsbad since2005. My home is in an neighborhood of single family homes, built in the late 70's. I realize the city and county are under pressure from the state to add housing units but think it should be done near transit centers and places of employment rather than in established neighborhoods. Allowingindividual owners to add ADUs to their existing properties will change the character of neighborhoods over time and, while it is a financial benefit to the property owners, it may not benefit other homeowners. If there were a requirement that owners reside in the primary unit for a minimum of fiveyears, that would help but not guarantee long term satisfaction and, it would be difficult to enforce. It is widely known that ADUs are not used exclusively for "in-laws", nor for low income renters. Rather the vast majority are priced according to local rental norms. I believe additional housing units should be added in areas that are already zoned for higher density, rather than changing the character of our established neighborhoods. If the goal is for people drive less, then findareas near Coaster stations, bus routes, or on major streets where people can walk to work. Thank you for taking my comments. Lory McGregor 760-533-9329 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Diane Nygaard To:Scott Donnell Subject:Comments on SEIR Scoping for Housing Element Date:Friday, September 30, 2022 9:25:48 AM Mr.Donnell We have the following comments on the scoping for the Supplemental EIR for the HousingElement: - Impact on CAP This increase in development will result in increased GHG emissions beyond what was addressed in the CAP. While the list of items to be evaluated includes GHG, there is nospecific reference to the CAP. The CAP will need to be updated to be consistent with this change in planned development. The enviro review for the CAP should probably be doneconcurrently with this, but at a minimum it needs to be clear how this will be coordinated. - Consider how to address VMT analysis Since the procedures for VMT are based on individual projects that are assessed at the TAZ level it is unclear how this works with multiple sites at a program level. Sites that are alongmajor transportation corridors where there are good alternative transportation choices may or may not be located in a TAZ that reflects that. Somehow you will want to come up with ananalysis methodology that helps prioritize investments in alternative transportation. It is unclear yet how the new MMLOS standards will impact this. - Impact of ADU's and new state housing lAws There are the planned sites for housing growth- and then there are those that are allowed, likeADU's and all of the density bonus and other state housing incentives. This is an analysis of housing impacts so it needs to consider those "unplanned" units as well. Carlsbad, like everyother city in this region, has failed to put basic controls in place that would limit the adverse impacts of several of these new housing laws. They allow exceptions for health,safety, changes to the physical environment and impacts to historic resources. It is time to get serious about identifying those kinds of exemptions that would provide some checks andbalances on these new state laws. - impact on parks and open space Of course the standard CEQA analysis would look at compliance with the GMP performance standards and conclude there is no impact. But that methodology is flawed, and fails to consider existing shortfalls in park acres because of the allocation of Veterans Park and double counting of acres as both natural open space and parkland; , and to open space forexempting 11 LFMZ;s and not taking any corrective action to address their shortfalls. Look at cumulative impacts and come up with ways to help address these existing shortfalls- thatwill be exacerbated by additional growth. Thank you for considering our comments. Diane Nygaard On Behalf of Preserve Calavera CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:P Gray To:Scott Donnell Subject:Community imput meeting Date:Monday, October 17, 2022 8:13:23 AM Thank you for scheduling a second meeting! I would like to ask what measures are being taken to monitor noise levels and flight paths ofairplanes in the zoning areas of Palomar Airport. I am constantly annoyed by low flying/noisy aircraft that have not followed the flight path toland or take off. There seems to be no consideration for residents.I do approve of affordable housing. I do not approve of any Palomar Airport expansion other than for safety reasons.Thank you for your time and consideration. Paul Gray CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Chris Barnes To:Scott Donnell Cc:Sherry Subject:Disastrous Environmental Impact - SITE 8 Date:Wednesday, October 12, 2022 11:39:39 AM Dear Scott, I am writing to submit my input, as well as input from my family and neighbors, about thedisastrous potential environmental impact resulting from the rezoning and re-development of Site 8 in Carlsbad's latest housing plan. Site 8 is immediately adjacent to the Aviara Apartments project, which will already addmore than three hundred (300+) housing units immediately north of Cottage Row (Site 8). Immediately across the street is the Laurel Tree apartments, which already have 138units. Adding another 100+ housing units to this very compact area would have disastrous impacts on our community. Traffic congestion, pollution, and crime are already major problems in the area. Justimagine how much worse it would be after adding another 500 cars to one city block! Additionally, the aesthetics of a major apartment complex at Site 8, that would be sandwiched behind 3 dozen single-family houses, would destroy the character of those neighborhoods,and would immediately reduce home values, not only for those homes that back up to the development, but also for the surrounding neighborhoods, whose home values are affectedby comps. Finally, I should warn the City of Carlsbad that adding such dense housing development immediately below the Palomar Airport flight path exposes those residents to dangerousairborne pollutants such as ground level ozone, particle pollution, and lead emissions. I hope I am not the first to remind you and the City that Palomar Airport only provides leadedaviation fuel for its piston-engine planes, which fly over the proposed SITE 8 developmentconstantly-- literally all day and all night. As a taxpayer, I do not want my city to be heldliable for health claims and costly litigation that could have been avoided by eliminatingSITE 8 from the proposed housing plan. Respectfully, Chris & Sherry Barnes6404 Calmeria Pl Carlsbad, CA858-864-8766 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:derek brigden To:Scott Donnell Cc:Priya Bhat-Patel; Geoff Patnoe Subject:Environmental concerns regarding Site 10 Date:Wednesday, October 26, 2022 9:18:00 AM Scott, I would urge you and the city council members to make a site visit to Site 10. That should be enough to convince anyone that Site 10 is totally inappropriate for further housing development. Stand at the end of the Colt Place cul-de-sac and look at the site and try to envision 50 - 80 families living on that piece of land with perhaps 160 additional vehicles coming and going all day. From an environmental perspective we need a complete study done on air, water, soil and noise pollution given the additional vehicle and foot traffic. Consideration also needs to be given to the fact that this site is on the flight path to Palomar Airport. Any emergencies, fire, earthquake or other would make evacuations difficult if not impossible given the single access point. In my opinion this would represent a huge liability issue for the city. Finally, I believe we need to understand what Rincon's role is in this process, how they came to be hired, what relationship they have with potential developers, if any. I look forward to your response. Regards, Derek Brigden 6148 Colt Place, Unit 102 (703) 283-9655 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:robin purcell To:Scott Donnell Subject:Environmental considerations/ housing development / Carlsbad Date:Tuesday, September 27, 2022 2:33:36 PM 1,water : need to conserve in drought. Make new developments supply their own water(new water district for new development). make current water district limited to current customers I e no more water meters issued. 2 fire protection: need to improve infrastructure to allow effective fire evacuation plans . Do not allow developments which will impact current residents safety during evacuation. 3 electricity supply: during heat waves we are already under supplied. Make new developments supply own electricity I e solar installs for new neighborhoods paid for by developer. 4 air quality:Grading activity creates dust. The current level of watering down the dirt does Not keep particles from entering the air. Improve standards of particle control during construction. Thank you Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Tricia Kenyon To:Scott Donnell Subject:Environmental Housing Impact Date:Wednesday, October 12, 2022 9:13:14 AM Hi Scott - As a local resident living full time in the area behind the Army Navy Academy, I’m extremely concerned about the proposal to build additional housing in the area. It is already extremely crowded with beach goers and those visiting the Village in addition to the current residents. The road is constantly congested with walkers, bikers and those heading to the beach, and it’s impossible for visitors to ever find parking. Please consider an area that is not already overwhelmed. Thank you! Tricia Kenyon Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Robert Billmeyer To:Council Internet Email; Scott Donnell Subject:Environmental Impact of New Housing Plan Date:Sunday, September 25, 2022 10:59:43 AM During the previous discussions of the new housing plans, I and others asked how the extra demands for water and electricity would be provided, since California already has difficulty meeting the demands of current users. The only answer I heard was it would be addressed in the environmental studies. Therefore, I assume we will all discover the answers in these studies. Thank you. Robert Billmeyer 1566 Maritime Dr. Carlsbad, CA 92011 760-889-2957 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:crystal nans To:Scott Donnell Subject:Environmental impacts to study for new building site Date:Sunday, September 25, 2022 4:54:51 PM If possible, it would be good to evaluate the impact on/of wildlife. The new building south of the 78 and west of College seems to have greatly increased the number of coyotes I have seenin the Spiniker Point area. Additionally, they are around more hours of the day and seem less afraid of people. Don't know if this is an impact that would make any kind of difference, but,I offer for consideration. Sent from my Verizon Wireless 4G LTE Droid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Lisa Johnson To:Scott Donnell Subject:Environmental meeting suggestion. Date:Tuesday, September 27, 2022 2:01:34 PM Ban gas-powered lawn equipment (mowers, edgers, blowers, etc.) Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Bob N. To:Scott Donnell Subject:environmental planning Date:Wednesday, September 28, 2022 10:19:09 AM Does a city "planning" person have a plan to magically provide more water during years of prolonged drought ??? All real estate investment has a small potential for risk. That potential is being realized with the drought affecting the western states. Building and developing in the middle of a drought is STUPID. Elected officials in Phoenix, Las Vegas, and Southern California that allow expansion during a drought with no guarantee of more water in the future are stupid and reckless. People that buy open land with the hope of future profits when it is sold and developed have no right to take water from others. That investment is a risk because there is absolutely NO guarantee of more water for their development. Right now it is PROBABLE there won't be enough water for EXISTING residents in the future because of reckless expansion. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:David McFeaters To:Scott Donnell Subject:Environmental Scoping Meeting on Housing (OCT 17th) Date:Monday, October 10, 2022 3:15:17 PM Hello City of Carlsbad I wanted to provide input on what environmental impacts should be considered in rezoning property to help with housing problems in Carlsbad. Three years ago I approached the citywith these ideas with zero interest. One idea I had was to look at some of the excess commercial properties we have in Carlsbad that have sat vacant and idle for years at a time. There are a number of areas locally thathave vacant commercial property that could be rezoned for housing. Ideally, stand alone properties could provide short or even long term rentals that would be affordable to most. I don't think this type of housing would be good for families but certainly elderly or temporaryhousing would be a good choice in that there may not be the need for extra parking spaces, less traffic, fewer visitors and less need for parks or open spaces nearby associated with thespace. Sincerely -- David McFeaters2385 Outlook Court Carlsbad CA 92010760-586-2645 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Lori Robbins To:Scott Donnell Subject:Environmental study comments Date:Tuesday, September 27, 2022 9:36:31 PM Hi Scott Also, after talking to some merchants in town, it seems that parking in the Village is hard to find at lunch time and dinner time - especially on the weekends and Farmers Market Day - Wednesday. Environmental Impacts on Parking should be looked at during this peak period. Thanks Lori Robbins - Sent from Lori's iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:David Bentley To:Scott Donnell Subject:Environmental Study for Future Housing Sites Date:Sunday, September 18, 2022 12:50:43 PM Scott: Thank you for the opportunity to comment. My concern relates to traffic impacts arising fromthe missing link of College Blvd. (“Reach A”), particularly in connection with “Site 4” andother Zone 15 area affordable housing sites. Site 4The potential Future Housing Site identified by the City as “Site 4” consists of propertieslocated in Zone 15 at/near the intersection of College Blvd. & El Camino Real. The largest portion of Site 4 consists of 17 acres located at the northeast corner of College/El CaminoReal, commonly referred to as the “Walmart site”. The balance of Site 4 is comprised of contiguous lands owned by Gary West’s company. Said contiguous lands may becomedevelopable when/if removed from the flood plain as part of the wetland mitigation project proposed and approved for the “West Equestrian” property located along the AguaHedionda/Sunny Creek. Potential Development Although not yet entitled or formally approved for multi-family development, Site 4 couldpotentially generate 500-600 rental apartments. Naturally, if a mix of for-sale townhomes and rental apartments or retail and multi-family, is the ultimate development, Site 4 would likelyyield something closer to 400 residential units. In any event, Site 4 represents a potentially significant traffic-generating project. In addition to Site 4, two other multi-family projects in the Zone 15 area, located along theCollege Blvd. alignment near or at Cannon Road, represent significant additional affordable housing opportunities. The Kelly/4K (formerly, “Encinas Creek”) project is currently inprocess with the City and is proposing approx. 150 rental apartments. North of the Kelly project, at the College/Cannon intersection, is the RCOA “Parcel 4” project (for which I hold apurchase option with the Rancho Carlsbad Owners Association). RCOA Parcel 4 is not yet entitled, but is designated in the General Plan as a multi-family site with 108 units allocated. These three potential Zone 15 multi-family projects represent approximately 650 - 800residential units that help satisfy the City’s need for more affordable housing product. The balance of the Zone 15 area, which is substantially undeveloped, will ultimately generatehundreds of additional residential units at build-out; presumably, higher priced single family detached units. Traffic ImpactsAt present, traffic conditions along El Camino Real and Cannon Road, particularly during peak periods, suffers from impeded flows and substantial delays. Studies have concludedthese traffic problems can be alleviated through construction of the last segment of College Blvd. - “Reach A”. In addition to commuters from the Calavera Hills and Robertson Ranchneighborhoods, significant traffic is also generated by faculty and students of the Sage Creek High School, at the northeast corner of College and Cannon. It also seems reasonable to assume the current inferior level of traffic service in this area willbe further degraded by the additional traffic that will result from completion of the 250-unit Marja Acres project and the Robertson Ranch retail development; both of which are locatedalong El Camino Real, just north of Cannon Road. As noted by the City’s own studies, analyses and hearings regarding traffic LOS problems near Zone 15 (2019/20), there is a long history of failed efforts by Zone 15 developers toconstruct the final section of College Blvd (“Reach A”), or to even agree on a financing mechanism for its construction. In addition, Gary West’s Companies, which own theCantarini Ranch and Dos Colinas properties that are located along both sides of Reach A, has publicly stated they have no interest in selling or developing those properties or participatingin the construction of “Reach A” until someone else builds it. Given the foregoing facts and background, can the Site 4 property be developed as proposed (i.e. 400 - 600 MF units) without completing College Blvd. “Reach A”? If it can beconstructed without Reach A, what traffic mitigation measures would be required? If Reach A is required, what feasible financing options exist? Your/City staff’s consideration of the foregoing is appreciated, David Bentley Bentley Equity, Inc.David M. Bentley, CCIM, ChFC - President 760-809-5216 * benteq@roadrunner.comWeb Site: www.dmbentley.com Confidential: This email communication, including any attachment, is intended only for the individual or entity to which it is addressed and may contain confidential or privileged information. If you are not the intended recipient of this communication, you are not authorized to review, print, copy, distribute, disclose, disseminate, or use the information contained in this message or in any attachment. If you have received this email in error, please notify the sender by return email and delete this message and any attachment. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. ") ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ")") !! ! ! ") ! ") ! ! ! ! ! ! ! !^ L A C O S T AAV JEFFERSONST C A R L S B A D V I L L AGE D R PALMER W Y P A L O M A R AI R P O R T R D C A N N O N R D POINSETTIA LN POINSETTIALN LACOSTA AV CA R L S B A D B L BATIQ U ITOS DR E L C A M I N O R E A L CA R L S B A D BL R A N C HO SANTAFERD CHESTNU T A V TAMARACK AV AVI A R A P Y ALGA RD M EL R O S E D R CA LL E B ARCELONA MONR OE ST ALIC A N T E R D V A L L E Y ST EL FUERTEST RANCHO S A N T A F E R D FARADAYAV CAR COUNTRYDR AVENIDA ENCINAS P A S E O DEL NORTE CA MINODEL O S C OCHES CAMINOJUNI P E R O OLIVENHAI N R D CO LLEG EBL SALKAV PA R K D R KELLYDR C O L L E G E B L ARMADA DR SE NW NE SW ! 2 !2 ! 9 ! 10 ! 12 ! 16 ! 16 ! 19 ! 20 ! 28 !24 ! 24 !24 ! 25!28 ! 29 ! 36 ! 42 ! 46 ! 23 !49 ! 50 ! 50 ! 53 ! 56 ! 56 ! 64 ! 75 !78 ! 81 ! 92 !100 ! 101 ! 106 ! 111 ! 116 !126 ! 127 !138 !155 ! 168 ! 180 ! 181 ! 199 ! 259 ! 344 ! 212 !456 !25 ! 993 ! 5 ! 2 ! 2 ! 3 !3 ! 1 !1 !1 !5 !3 !87 ! 182 !27 ! 90 ! 15 !5 !76 J : \ R e q u e s t s M a r c h 2 0 1 5 \ C o m E c o n D e v \ P l a n n i n g \ R I T M 0 0 2 3 0 3 2 _ 2 1 \ E x i s t i n g A f f o r d a b l e H o u s i n g a n d P o t e n t i a l H E S i t e s - A e r i a l 1 1 x 1 7 . m x d !I Existing, Approved and Potential Affordable Housing ! ! ! ! ! ! ! ! ! ! ! ! ! !2 !23 !6 !11 11 !12 !93 !1 !2 !1 !1!1 GRAND AV CARLSBADBL LAGUNA D R J E F F E R S O N S T BEECH AV W A S H I N G T O N S T ST A T E S T R O O S E V E L T S T See Inset Map Inset Map Housing Sites Existing affordable housing Approved (unbuilt) affordable housing Vacant sites with medium and high densities Potential housing sites* XX = number of affordable units *Excludes Site 13- Zone 20 cluster Exhibit 11 (units may be part of larger projects with market-rate units) ---- From:Heather King To:Scott Donnell Subject:Future housing Date:Monday, September 26, 2022 2:06:19 PM Please keep in mind the beauty of the coastline while deciding where to put future housing, especially condensed housing. Other beach cities down the coast of California have accommodated housing in areas further away from the coastline so as not to “pave Paradise and put up a parking lot.” Not everyone needs to live walking distance from the water. I’ve worked very hard in my life and I can’t afford it myself. Thank you Heather Richardson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Roslyn Raue To:Scott Donnell Subject:Future Housing Site 14 Date:Wednesday, October 12, 2022 11:51:47 AM Scott, I’m commenting on the proposed 200 units on Site 14 in Carlsbad Village. Have you driven to the Village lately and tried to find a legal parking place??? Have you noticed the new building popping up in the Village??? There are no set backs from the sidewalk, there is no space between buildings, there are not enough parking spaces and there are empty public buses and Coaster trains. Bottom line, to many people in a very small space!!!! Head East in Carlsbad and there is plenty of geography and open space. 200 units could possibly mean 400 additional cars…are you kidding me? Please reconsider this massive addition of apartments people and cars. It will destroy the special Village we know and love. Roz Raue Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:DeeDee Rowlett To:Scott Donnell Subject:Future Housing Sites Date:Monday, October 17, 2022 2:21:44 PM Hi Scott, I wanted to attend this evening's meeting however I have a prior commitment. I have concernswhy District 1 and District 2 are absorbing all the affordable housing. I don't believe our infrastructure can handle much more. I feel some of the downtown sites could be a parkingstructure since there is little parking downtown. Is this meeting going to be recorded? Thanks. DeeDee Rowlett CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Vonnie Varner To:Scott Donnell Subject:future housing Date:Sunday, September 25, 2022 6:54:25 AM As I follow new developments I am concerned about the number or 3 story units townhomes. As the community ages, these are undesirable floorplans. Developers may find them costeffective but they may be white elephants in the future. I love Carlsbad, Vonnie Varner CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:nariggle@gmail.com To:Scott Donnell Subject:Future housing/Airport Date:Sunday, October 16, 2022 2:54:14 PM I have lived here on Plum Tree Rd under the flight path of Palomar Airport for 20 years. I have become most cynical in regards to the county and it’s airport management. It is very political and profit oriented and I never quite trust the way things get handled. I have felt manipulated and I have ceased to be active. However, I would like to voice my ongoing concerns through email: The growth and development of housing, without addressing the chronic noise and air pollution, in and around the airport, seems like a complete travesty to me. Accidental or purposeful? The noise and pollution that the airport creates exacerbates the stress of life in this corridor. The idea of quickly approving additional housing, low income or for maximum profit, without transparently addressing these profound quality of life issues once and for all seems patently dishonest and absurd. Were such a disconnect to move forward it will appear as political maneuvering, not actual planning. Respectfully, Nichola Riggle Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Jeff Murphy To:Scott Donnell Cc:Eric Lardy Subject:FW: Rezoning Site 10 and 11 Date:Thursday, October 27, 2022 8:02:45 AM Morning Scott, Could you please contact Mr. Marshall on Geoff’s request. Thanks. JEFF From: Geoff Patnoe <Geoff.Patnoe@carlsbadca.gov> Sent: Wednesday, October 26, 2022 7:23 PM To: Jeff Murphy <Jeff.Murphy@carlsbadca.gov> Subject: Fwd: Rezoning Site 10 and 11 Begin forwarded message: From: Glenn Marshall <glennymarshall@yahoo.com> Date: October 26, 2022 at 6:42:16 PM PDT To: Geoff Patnoe <Geoff.Patnoe@carlsbadca.gov> Subject: Fwd: Rezoning Site 10 and 11 Sent from my iPhone Begin forwarded message: From: Glenn Marshall <glennymarshall@yahoo.com> Date: October 26, 2022 at 6:29:31 PM PDT To: Geoff.patnoe@carlsbad.gov Subject: Rezoning Site 10 and 11 I am a resident in Kensington Square over looking the parcel of property that is being considered for rezoning to accommodate affordable housing. I must register a complaint to develop such a project because it will severely impact the flow of traffic around the immediate area especially the amount of traffic that will inundate from the subject property beginning at Colt Place to the shopping complex. It is not fair for the homeowners to be subject to this increase traffic and corresponding noice. The access to and out of the area is limited which will only cause an unnecessary burden around the surrounding businesses and homeowners. The Marshalls Sent from Yahoo Mail for iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Planning To:Scott Donnell Subject:FW: Reminder: Give input on environmental study for future housing sites Date:Wednesday, October 12, 2022 11:01:06 AM Forwarding you an email from our Planning General Inbox - regarding scoping for future housing sites From: Lorinda <lorindy@pacbell.net> Sent: Wednesday, October 12, 2022 10:08 AM To: Planning <Planning@CarlsbadCA.gov> Subject: Re: Reminder: Give input on environmental study for future housing sites In my opinion, we need a moratorium on housing. Why turn Carlsbad, and all of San Diego County, into a seething metropolis? Our infrastructure can’t support any more growth. Roads are pitted, freeways are an impasse. There are too many huge gas guzzling trucks, bumper to bumper, all with empty beds. Tax the damn things by size and engine displacement. Public transportation is too slow. A 20-minute drive takes an hour or more by train/bus. Just because the world wants to move to Carlsbad, doesn’t mean we must accommodate them. Its a travesty, what developers are doing to State Street. All the unique taverns and stores wiped out, to be replaced by institutional-looking high-rise apartments? Why? One ugly downtown San Diego is enough. Riverside County has lots of room, let people move there, as most of my friends did. Too much is never enough for greedy developers. Just STOP! On Oct 12, 2022, at 8:04 AM, City of Carlsbad <planning@carlsbadca.gov> wrote: Reminder: Third meeting added to give input on environmental study for future housing sites Remember to mark your calendar for Monday, Oct. 17, to give input on what environmental impacts should be evaluated in a study on potential propertiesthat could be rezoned to accommodate future housing. A reminder that the city also extended the deadline to provide comments from Oct. 14 to Oct. 26. Environmental Scoping Meeting Oct. 17, 6 to 7:30 p.m. City of CarlsbadFaraday Administration Center Ill 1635 Faraday Ave. You can provide input via mail or email through Oct. 26 to: Scott Donnell, Senior Planner City of CarlsbadPlanning Division 1635 Faraday Ave. Carlsbad, CA 92008Scott.Donnell@carlsbadca.gov Next steps After helping identify what environmental impacts should be evaluated, residents will have an opportunity to review and provide input on the draft report once it is developed. The supplemental environmental impact report willbe presented to the City Council for consideration in 2023. Background The city is preparing a supplemental environmental impact report for its General Plan, approved in 2015. The report is required as part of the city’s Housing Element Update, a state-required plan approved in July 2021 forhow Carlsbad will accommodate projected housing needs through 2029. As part of a Housing Element Update, the state also requires all cities analyzeand update portions of their Public Safety Element, a separate chapter of the General Plan that focuses on citywide topics including climate resiliency, wildfire hazards and evacuation routes. Updates proposed will respond torequirements of new state legislation related to these topics. The city worked with the community last year to choose the potential sites, andthe next step is to perform environmental studies. This analysis will help inform the final selection of sites. Zoning changes The city’s housing plan includes proposed changes to zoning that would allow more housing units on certain properties. This study will evaluate theenvironmental impacts of those changes, including how it might affect things like transportation, aesthetics and greenhouse gas emissions. Housing program implementation The housing plan also includes programs that require the city to make changes to housing standards, such as allowing additional types of housing and higher densities to meet state requirements. The environmental review will analyzethe impacts of implementing some of these programs. Learn more · Housing Plan Update · General Plan · Scott Donnell, Senior Planner, scott.donnell@carlsbadca.gov Visit the Website City of Carlsbad1200 Carlsbad Village DriveCarlsbad, CA 92008 Unsubscribe lorindy@pacbell.net Update Profile | Constant Contact Data Notice Sent by planning@carlsbadca.gov CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 00000000 B From:Liberato Tortorici To:Scott Donnell Subject:Fwd: Community Input Meeting - New Housing Near Palomar Airport Date:Monday, October 17, 2022 11:52:14 AM Mr. Donnell I will be unable to attend this evening's meeting but I'd like to share my issue/question about the Zoning Change Project.Please see my email below that I sent to the C4FA group earlier today. Thank you in advance for your consideration. Liberato Tortorici6436 La Paloma Street Carlsbad, CA 92009. ---------- Forwarded message ---------From: Liberato Tortorici <ldtortorici@gmail.com> Date: Mon, Oct 17, 2022 at 11:44 AMSubject: Re: Community Input Meeting - New Housing Near Palomar Airport To: <c4fa.info@gmail.com> I am sorry but I will not be able to make the meeting this evening. I am out of town on business in Lancaster, CA. I do have one issue/question that I'd like addressed by City staff. My issue/question is asfollows. Will ADUs (Auxiliary Dwelling Units) be factored into the planning and environmental documents for this Project? Specifically, the impacts of ADUs on traffic, Cityservices such as water service, sewerage collection and treatment, and trash/green waste/recyclables) pick-up, utility services such as electrical power (SDG&E), andemergency services such as fire department, ambulance and paramedic services. These impacts need to be factored in and addressed by the City for this project zoningchange evaluation. Please feel free to share my questions at the meeting and please identify who I am. Liberato Tortorici 6436 La paloma Street Carlsbad, CA 92009 ldtortorici@gmail.com Thank you. On Sun, Oct 16, 2022 at 10:19 AM C4FA <c4fa.info@pb07.ascendbywix.com> wrote: Can't see this message? View in a browser Community Input Meeting - New Housing Near Palomar Airport Dear C4FA Supporters, Congratulations! Due to public outcry, the City of Carlsbad has scheduled a second in-person Community Input meeting on environmental impacts of zoning changes across Carlsbad to allow additional housing to be built. The majority of these additional units will meet the state mandate for affordable housing in our community. In years past, and still today, the impact of Palomar Airport has not been considered by the City or developers when building housing in Carlsbad. The impact of future plans for Palomar Airport has NEVER been considered with regard to residents and housing. We have a chance to change that. Here is the link to the City's website describing the potential zoning changes and the process. Notice that Palomar Airport isn't even mentioned.... https://www.carlsbadca.gov/departments/community- development/planning/housing-plan-update II ] The Community Input meeting will be held on Monday, Oct. 17, 2022 from 6pm -7:30pm at the City's Faraday Offices located at 1635 Faraday Avenue. We encourage you to attend and ask questions. Listed below are some questions C4FA would like to see addressed by Carlsbad: What regulations are in place to protect residents from: High decibel Noise coming from the nearby Airport Air Pollution coming from the nearby Airport, specifically Lead Particle Pollution Ground Level GHG's GHG's What provisions will be made to keep residents safe given new housing appears to be under the nearby Airport arrival paths? Will the City require a new comprehensive noise study to be performed to measure the impact of noise from Palomar Airport? The last one done for Palomar Airport was in 2005. Which of the various maps will delineate the Airport Influence Areas involved? • 0 0 ■ ■ ■ ■ • • • Will maps show changes to these Airport Influence Areas that will occur should the D-3 Airport be built per the Palomar Airport Master Plan? Will the maps be the same for Noise, Air Pollution, Resident Safety? Who has final approval for building sites? What is the process? Steps involved? For sites in the Airport Land Use Compatibility Plan, at what point will the Airport Land Use Commission (ALUC) be engaged? What and when in the process with there be further opportunities for citizen review? If you cannot attend Monday's meeting, please take a moment to email the City of Carlsbad Planning Department before Oct 26, 2022. Please email scott.donnell@carlsbadca.gov Subject: Housing Element Update Hope to see you there! Your Friends and Neighbors from C4FA 0 • • 0 0 • • 7040 Avenida Encinas, Carlsbad, CA 92011 Suite 104-467 Share on social https://www.c4fa.org/ You've received this email because you are a subscriber of this site. If you feel you received it by mistake or wish to unsubscribe, please click here. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:robin purcell To:Scott Donnell Subject:Fwd: New legislation should be used to locate developement in Carlsbad Date:Thursday, September 29, 2022 5:20:50 PM Thank you for replying to my first email twice . I am forwarding the second email so I am sure you are aware of the new legislation from yesterday regarding commericial buildings. Sent from my iPhone Begin forwarded message: From: robin purcell <robin.purcell@gmail.com>Date: September 29, 2022 at 4:58:20 PM PDTTo: Scott.Donnell@carlsbadca.govSubject: New legislation should be used to locate developement in Carlsbad Environmental criteria should not focus only on the pre identified sites now thatCalifornia has enacted new legislation allowing rezoning of under utilized commercial spaces. CALIFORNIA — California is set to allow developers to convert underutilized or empty commercial buildings — such as shuttered box stores — into affordable housing, according to historic legislation signed by Gov. Gavin Newsom on Wednesday. The Democratic governor signed two bills — Senate Bill 6 and Assembly Bill 2011 — to incentivize developers to convert commercial corridors originally zoned for retail and office buildings to help the state bolster housing options. Robin Purcell AWS, NWS RobinPurcellPaints.blogspot.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Cheryl Madrigal To:Scott Donnell Cc:Deneen Pelton Subject:GPA2022-0001 Supplemental EIR Date:Friday, September 30, 2022 9:43:59 AM Attachments:image001.jpg Scott, This email is written on behalf of the Rincon Band of Luiseño Indians (“Rincon Band” or “Tribe”), afederally recognized Indian tribe and sovereign government in response to your Notice ofPreparation of a Supplemental Environmental Impact Report (GPA2022-0001). The Rincon Band would like to point out that what is today known as the City of Carlsbad is locatedwithin the Traditional Use Area of the Luiseño people and is also withint the Tribe’s specific area ofhistoric interest. As such the Rincon Band is traditionally and culturally affiliated to the project area.The Tribe has knowledge of various areas within the city of high and moderate cultural sensitivity. We are asking to be consulted with and provided the opportunity to provide input on theSupplemental EIR. The Tribe is interested to attend any cultural resources field surveys and kindlyask to be notified and allowed to attend such field work. The Tribe believes that the potential existsfor cultural resources to be identified during further research and survey work. We are looking forward to working closely with you to jointly protect and preserve our culturalassets. If you have additional questions or concerns, please do not hesitate to contact our office atyour convenience at (760) 749 1092 ext. 323 or via electronic mail at cmadrigal@rincon-nsn.gov. Sincerely, Cheryl Cheryl Madrigal Cultural Resources Manager Tribal Historic Preservation Officer Cultural Resources Department Rincon Band of Luiseño Indians 1 West Tribal Road | Valley Center, CA 92082 Office: (760) 749 1092 ext. 323|Cell: 760-648-3000 Fax: 760-749-8901 Email: cmadrigal@rincon-nsn.gov seal-rincon-website_03 This message is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution orcopying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the senderof this E-Mail by return E-Mail or by telephone. In accordance with Internal Revenue Service Circular 230, we advise you that if this email contains any tax advice, such tax advice was not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties thatmay be imposed on the taxpayer. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Jackye Willis To:Scott Donnell Subject:Great idea Date:Saturday, October 22, 2022 10:25:22 PM Great idea putting housing at the Shoppes on city property near the bus terminal. Maybe the number should be less. J. willis Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 10-132 City of Carlsbad 10 Ho u s ing TABLE 10–34: RECENT AFFORDABLE HOUSING PROJECTS PROJECT AND LOCATION1 NUMBER OF AFFORDABLE UNITS STATUS PROJECT DENSITY (DU/AC)2 AFFORDABILITY AVERAGE SUBSIDY/UNIT (AB/RESOLUTION#)3 Seagrove (State Street Townhomes) 2503 – 2599 State St. 6 Completed 2019 24.9 13% Low/87% Market Inclusionary Portola Senior and Montecito Apartments (Robertson Ranch Planning Areas 7 and 8) 2600 Gage Drive and 2510 W. Ranch St. 157 Completed 2018 18.8 and 22.7 36% Moderate, 64% Low Inclusionary Juniper at the Preserve (Quarry Creek Planning Area R‐1) 2965 Luiseno Way 64 Completed 2017 20.2 Low‐income $20,000 (AB 22,248) The Lofts at Carlsbad Village 1040 Carlsbad Village Dr. 16 Approved 2017 47.5 20% Low/80% Market Density Bonus/Inclusionary Pacific Wind Harding St. and Carol Pl. 87 Approved 2017 21.5 100% Low $85,149 (AB 21,028) Jefferson Luxury Apartments 3039 Jefferson St. 2 Approved 2018 34.4 15% Low/85% Market Inclusionary Lanai II (Miles Buena Vista) Southwest of Buena Vista Way and Crest Dr. 2 Completed 2019 3.2 15% Low/85% Market Inclusionary 12 Pacific (Yada Farm) Southeast of Buena Vista Way and Valley St. 2 Completed 2019 2.8 15% Low/85% Market Inclusionary Beachwalk at Roosevelt 2675 – 2711 Roosevelt St. 2 Under construction 22.9 15% Low/85% Market Inclusionary 10-133 General Plan 10 Ho u s ing PROJECT1 NUMBER OF AFFORDABLE UNITS STATUS PROJECT DENSITY (DU/AC)2 AFFORDABILITY AVERAGE SUBSIDY/UNIT (AB/RESOLUTION#)3 Windsor Pointe (Harding St. site) 3606 Harding St. 26 Approved 2019 48 100% Very Low and Extremely Low $165,868 (Res. 2020‐032) Windsor Pointe (Oak Av. site) 965 Oak Ave. 24 Approved 2019 55 100% Very Low and Extremely Low $165,868 (Res. 2020‐032) Seascape Northeast of Black Rail Rd & Avena Ct E 2 Competed 2019 4.3 15% Low/85% Marker Inclusionary Afton Way 3103 – 3114 Afton Way 1 Completed 2019 1.9 15% Low/85% Market Inclusionary Casa Aldea(Cannon Road Senior Housing) 2615 Cannon Rd. 20 Approved 2019 15 20% Low/80% Market Inclusionary Kensington at the Square (Uptown Bressi Ranch) 6002 Colt Pl. 17 Approved 2019 11.6 20% Low/80% Market Inclusionary Highland View Homes 3794 Highland Dr. 1 Completed 2020 4 15% Low/85% Market Inclusionary Ashton (Magnolia‐Brady) 1631 – 1657 Brady Cr. 1 Completed 2020 4 15% Low/85% Market Inclusionary Treviso (Poinsettia 61) 1641 Artemisia Ct. 15 Under construction 6.1 15% Low/85% Market Inclusionary Resort View Apartments West of Vieja Castilla Way, between Navarra Dr. and Pirineos Way 4 Approved 2020 30 20%Low/80% Market Density Bonus/Inclusionary Carlsbad Station Between Roosevelt St. and State St., north of Grand Ave. and south of Beech Ave. 12 Approved 2020 44.9 20% Low/80% Market Density Bonus/Inclusionary Romeria Point Apartments Southwest of Romeria St. and Gibraltar St. 3 Approved 2020 31.9 15% Very Low/85% Market Density Bonus/Inclusionary TOTAL 464 1All projects are rentals unless otherwise noted. 2“du/ac” is dwelling units/acre. 3 AB# identifies the City Council agenda bill number from which the subsidy amount was obtained. Agenda bill numbering has been discontinued, so resolution numbers from the City Council approval is provided for later projects. From:Randi Greene To:Scott Donnell Subject:Housing and Environmental Impact Date:Wednesday, September 28, 2022 9:17:18 AM Scott, I feel strongly that we should be looking at empty office buildings. There would be no environmental impact on those spaces that are already built. Here is a story about the other cities that are doing just that: Cities and states across the country are looking to transform vacant office buildings into housing — a solution for both empty downtowns and housing shortages. Adaptive reuse of existing buildings also is gaining popularity for environmental benefits, Kate Marino writes for Axios Markets. Why it matters: Commercial districts with little to no residential presence turned into near ghost towns during the pandemic, becoming a blight on the cityscape and a detriment to surviving businesses. Reality check: Even though offices are still only half-full in many cities, these types of conversions have yet to really pick up steam. They're expensive, and loads of red tape and zoning laws usually get in the way. What's happening: A few big cities are creating new incentives they hope will unleash a wave of housing conversions in the decade ahead. Chicago this week proposed an initiative to repurpose high-vacancy buildings in its downtown financial district into homes, offering tax credits and incentives along with financing tools. In New York City, real estate trade association REBNY estimates that a "conservative" conversion rate of 10% of NYC's lower-tier office buildings could generate approximately 14,000 new residential units. The L.A. City Council is expected to consider an updated ordinance that would provide financial incentives to convert downtown office buildings. A Rand study in L.A. found underutilized commercial properties that could collectively produce 92,000 housing units. California's 2023 budget allocates $400 million in incentive grants for office- to-residential conversions. Denver is also funding studies. • • • • • D.C. Mayor Muriel Bowser pitched a 20-year tax abatement tied to these kinds of conversions. The bottom line: Saying goodbye to concentrated office districts and 9-to-5 downtowns is a process that probably will play out for decades — part of the pandemic’s lasting impact on our lifestyles and communities. -- Randi Greene831.869.8325 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Paige DeCino To:Scott Donnell Subject:Housing element comments Date:Wednesday, October 12, 2022 8:59:57 AM Hi Scott, In response to submitting comments re potential sites for housing, I'd like to have includedthe following: Is there a reason that Plaza Camino Real is not listed as a potential site given it's in a smart growth area with transit and services close by?I'm concerned that any housing at the Coaster stations will make parking for those public transit customers more difficult. What are the plans to provide enough parking(and lower GHG emissions) there? Site 3 (within my neighborhood) really seems untenable as a housing site due to the topography. It looks like most sites are located along transit routes, which is good! Thanks for your effort on this. Paige DeCino CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. • • • • From:Jan Ahrens To:Scott Donnell Subject:Housing Element Update Date:Monday, October 17, 2022 8:07:54 AM Questions I would like to see addressed by Carlsbad: · What regulations are in place to protect residents from: o High decibel Noise coming from the nearby Airport o Air Pollution coming from the nearby Airport, specifically § Lead § Particle Pollution § Ground Level GHG's § GHG's · What provisions will be made to keep residents safe given new housing appears to be under the nearby Airport arrival paths? · Will the City require a new comprehensive noise study to be performed to measure the impact of noise from Palomar Airport? The last one done for Palomar Airport was in 2005. · Which of the various maps will delineate the Airport Influence Areas involved? o Will maps show changes to these Airport Influence Areas that will occur should the D-3 Airport be built per the Palomar Airport Master Plan? · Will the maps be the same for Noise, Air Pollution, Resident Safety? · Who has final approval for building sites? o What is the process? o Steps involved? · For sites in the Airport Land Use Compatibility Plan, at what point will the Airport Land Use Commission (ALUC) be engaged? · What and when in the process with there be further opportunities for citizen review? Janet Ahrens Oceanside, CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Seth G To:Scott Donnell Subject:Housing Impact - SITE 8 Date:Wednesday, October 12, 2022 1:26:26 PM Hi Scott - I'm writing to you in order to submit my input about rezoning and re-development of Site 8. I typically do not get involved as I thought this may get passed over, however, with a continuation of this plan I had to step in and give input. We vehemently oppose this additional 100+ housing unit site. Traffic is bad and getting worse. Crime has been already rampant in the area and will only get worse. The quiet neighborhoods surrounding this area would get congested and become something that none of us signed up for. My neighbors and I strongly suggest eliminating SITE 8 from the proposed housing plan. Respectfully, Seth Gustine 6408 Calmeria Pl Carlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:June Lombardi To:Scott Donnell Subject:Housing plan - areas 17 & 18 Date:Wednesday, October 12, 2022 8:36:50 AM Dear Mr. Donnell, As a coastal resident of Carlsbad, I’ve experienced increased traffic and a lack of space in close proximity to the beaches. Carlsbad is a premier destination, especially during the long summer months. Areas 17 and 18 should be designated as open public space for recreational use such as extended beach parks for picnic areas, fenced dog park areas, pickle ball, outdoor concert area, and parking for the residents of our beautiful city. Added growth will bring more pressure on our parks. The existing parks can’t support popular summer venues, requiring bussing several miles away. I support expanded growth without new taxes and bond measures, however specifically- areas 17 and 18 would utilize prime coastal real estate for the personal benefit of a few, and not benefit our Carlsbad residents. These areas should be dedicated to benefit all of Carlsbad. Bus service will need to increase frequency along the Palomar corridor including College/Aviara with proposed growth with drop offs to the train station. Lastly, the timing of traffic lights also needs to be adjusted as well. All the best, June Lombardi 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Michelle Laird To:Scott Donnell Subject:Housing Plan Feedback Date:Monday, October 24, 2022 11:07:25 AM Dear Scott, Thank you for the notice in the city newsletter about the city’s plan to accommodate more housing. My main concern is the number of units being proposed in North Carlsbad at Site 1 and 2 (over 1000 units combined). Aesthetically, it will change north Carlsbad from an attractive suburban area bordering the lagoon to a urban, congested low income area. This, in turn, will likely drive down the prices of surrounding homes as well as the enjoyment of living here. In terms of traffic, it will be a disaster. El Camino Real is already heavily congested in the mornings, afternoons and early evenings, on Saturdays, and during the holidays. I often have to wait through 2 light changes before moving onto the next light for another 2 changes. Adding 1000+ units will mean another 1000+ cars to this area. Although the bus station is there, let’s face it - no one wants to give up their car. These new residents will be driving. Yes, there is Jefferson, but we know that most will be coming onto ECR. In terms of the neighboring lagoon, I’m very concerned about how 1000+ densely built units at Site 1 and 2 will impact the health of that already struggling ecosystem. Another concern I have is that north Carlsbad is already densely populated. Between Carlsbad Village Drive and the 78, there are a number of high density developments — Marbella, The Bluffs, Tanglewood, Rising Glen, Flower Fields, The Avenue, The Grove, Waterstone — and I’m sure I missed a few. Putting half of the low income housing requirements in this part of the city and in one concentrated area seems unreasonable. The south east section of the city also needs to share the responsibility of our growing population. My thought is keeping the housing at Site 1 and 2 to 400 or ideally lower to maintain the suburban character of our city, to protect our lagoon, to prevent a traffic disaster, and to evenly distribute the housing throughout the community. Can you please let me know what kinds of traffic and environmental studies are being done as part of Carlsbad’s planning in north Carlsbad? Thank you for considering my thoughts and opinions. Sincerely, Michelle & Steve Laird 92010, Carlsbad residents for 20 years CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:John Bottorff To:Scott Donnell Subject:Housing Plan Update Comment Date:Thursday, September 29, 2022 10:23:29 AM Hi Scott, I wanted to send you an email to follow up on my comments on Monday. 1. Lead is still in aviation fuel. Jets do not use leaded fuel, but piston-engine aircraft do. These types of planes and helicopters are responsible for around 50% of airborne lead emissions in the US...they are the largest single source of lead pollution. Lead is a toxic heavy metal and there is no safe level of lead exposure according to the World Health Organization, Centers for Disease Control and the American Academy of Pediatrics. It is especially harmful to children. McClellan-Palomar airport is one of the top 3 lead polluters in San Diego County according to the EPA National Emissions Inventory. These aircraft dump over 700 pounds of lead onto nearby homes, schools and nurseries every year. That is not acceptable! Unleaded AVGAS is now available for general aviation aircraft. So simply having unleaded fuel available instead of leaded will drastically reduce lead emissions and protect the health of our kids. Please work with the County to install unleaded AVGAS fuel tanks at McClellan- Palomar and stop the sale of leaded fuel as soon as possible. Let’s all work together to Get the Lead Out! Here is a link to our Team 5: Get the Lead Out — CleanEarth4Kids page for more information. 2. How can the City of Carlsbad ensure new housing projects are not situated near McClellan-Palomar and its flight paths? Not only is the airport a source of lead and noise pollution, but all aircraft burn fossil fuels and put out toxic pollution. One of the most dangerous is particulate matter , or PM. PM2.5 is especially dangerous. These particles are 2.5 microns or smaller. By comparison, the average human hair is 50 microns wide. Researchers estimate that PM2.5 is responsible for almost 48,000 premature deaths in the US every year. Particulate matter irritates the lungs and research clearly shows that PM increases the risk of serious health outcomes including asthma, heart attacks, strokes, cancer, and brain conditions like Alzheimer’s, Parkinson’s and dementia. 3. What mitigation strategies like planting trees, noise barriers, etc. can be done to help people currently living near the airport? Especially lower income people of color who historically face additional burdens of toxic chemicals, pesticides and pollution. We know youth with asthma who live near the airport and flight path with their families. They and the other families there must have clean air to breathe! Thank you for all the work that you and your staff are doing! John BottorffCleanEarth4Kids.org 949-439-5459 J@CleanEarth4Kids.org CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:barbarafeldman2000@gmail.com To:Scott Donnell Subject:Housing plan Date:Wednesday, October 12, 2022 12:04:01 PM It saddens me that this town I have lived in for 23 years is being changed and ruined. This is over the top Carlsbad and Sacramento. Why are so many sites centered in one area and fewer in La Costa area? I lived and worked in ghettos in San Francisco for many years. I worked to get out and now you bring it back to me. It also feels like there is homeless dumping from LA. If you build it they will come. Nice beach town, nice weather,used to have money. You are being naive as to the negative changes to this once safe friendly beach town will be. ‍♀ Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:kenpace To:Scott Donnell Subject:Housing plan: I feel any new housing should be on a bus route. Especially, in the case of low income, where cost of gas and a car can be impossible Date:Tuesday, September 27, 2022 4:38:47 PM Sent from my Galaxy CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Cee alan To:Scott Donnell Subject:Housing proposal Date:Thursday, October 20, 2022 8:55:39 AM Hello, It does not escape anyone that South La Costa continues to evade any high density, lowerincome housing. Why is that? I can see from the map that Carsbad is literally squeezing units in cracks all over (ESPECIALLY near Bressi Ranch and the Palomar Airport east areas-likeALWAYS-and of course those are the LARGEST and ALWAYS the lowest income). When they brought in the Uptown Bressi development and rezoned for MORE housing in the Bressiaea (in the direct flight path no less) it came with the sentiment of, "this is the last housing in this area." But of course, here we are, some years later and all the highest densities and lowestincome levels are proposed for our area AGAIN. How long will Aviara and South Carlsbad remain off limits from the high density, lower income housing mandates? I understand thecoast region of Aviara, but the more inland parts? It is clear we continue to see NIMBY when it comes to South La Costa and Aviara. How is this appropriate? Thank you, Cee A. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:barbarafeldman2000@gmail.com To:Scott Donnell Subject:Housing Date:Wednesday, October 12, 2022 12:07:10 PM Ps I forgot to mention the traffic and the water we are supposed to be conserving? How can this area sustain 2700 new complexes? ‍♀‍♀ Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Brblank To:Scott Donnell Subject:Impacts Date:Friday, October 14, 2022 10:56:08 PM When you consider the impact of future zoning changes, I.e. multiple units on single family zoned properties, think about the cost for mitigating what I call roadway “choke points”. This is where roadways reduce from three lines to two or two to one. Additional traffic due to more residents will require major roadway expansion. For example, El Camino Real outside of Omni LaCosta. A expande bridge over the creek and lagoon migration will be very costly. Numerous points are where commercial/residential developments have not happened to pay for extra lanes. Look forward to the final results……Bill Blank, 760-917-4448. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Josh To:Scott Donnell Subject:Increase Housing in cbad Date:Thursday, September 15, 2022 10:33:19 PM I would like you to stop ruining Carlsbad and trying to bulldoze nice open space and forest areas and mountain areas and areas that we used to hike and bike and enjoy the greatness that Carlsbad used to offer to try and pack people into the city that you are destroying. How about leaving the city alone and letting the people from here enjoy it again. No more adding giant oversized business down town. Or homes and apartments anywhere in the city. Thanks. Josh Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:D Lech To:Scott Donnell Cc:D Lech Subject:Input for Environmental Study for Future Housing Sites Date:Tuesday, October 11, 2022 9:56:56 AM Dear Mr. Donnell, Thank you for the opportunity to comment on the future housing sites. My comments are for Site # 3 at the corner of El Camino Real andChestnut Avenue. I object to the proposed development at Site #3 forthe reasons stated below, followed by alternative suggestions: 1) SAFETY- The additional traffic generated by the up-zoning andhigher density as proposed creates a traffic safety hazard in an alreadycongested and highly traveled intersection. This portion of El CaminoReal currently serves as an alternative to Interstate 5 for drivers comingfrom the east on Highway 78. Vehicles are driving at 55 MPH or greaterheading south to Tamarack Ave or Cannon Rd as an alternative togetting delayed in traffic at the I-5 and Highway 78 interchange.Traveling at that rate of speed, approaching and crossing theintersection of Chestnut, and then having to stop short after a slightdownhill while approaching a possible stopped bus or for the numerouscars and e-bikes that could be exiting the proposed project on to ElCamino Real is not safe. Not only is it dangerous, but it would inhibit theflow of traffic on this main thoroughfare. 2) ENVIRONMENT- The beautiful old growth grove of healthy, majesticeucalyptus trees are part of the character of Carlsbad. They took alifetime to grow, beautify our neighborhood, and have become the homeof owls, hawks, and other wildlife that all have a place and purpose inour natural environment. Without these predators, our rodent and pestpopulation increases. Without these trees that clean our air and cool thetemperature, our air quality and general quality of life suffers. Is it reallyworth losing this entire irreplaceable grove and its important role inpreserving our neighborhood’s character and quality of life for the solebenefit of adding more housing in an already densely packed areawhich is already built out? I ask each of the decision makers to look at City CouncilResolution No. 7642, Exhibit “A”, titled “El Camino Real CorridorDevelopment Standards”. According to this document, the intentand purpose is to “maintain and enhance the appearance of the El Camino Real roadway area” and “reflect the existence of certainidentified characteristics which the City considers worthy ofpreservation” as well as “a general design concept for the entirelength of the 126 foot wide El Camino Real right of way” including“restrictions for private properties fronting on the roadway.” Isthis document no longer valid? My suggestion for an alternative site to place the displaced units wouldbe to slightly increase the density at each of the other proposed sites toaccommodate the approximately 28 units planned. As another alternative, the recently passed Assembly Bill 2011 allowsfor affordable housing to be built on commercially zoned land and alongcommercial corridors. Perhaps Site #’s 9, 10, 11, or 12 would beappropriate as those sites are located along the commercial corridor ofPalomar Airport Rd. with easy access to to I-5, bus routes, and theairport. Since any development at Site # 3 would add a strong element ofdanger to drivers, e-bike riders, and pedestrians, as well as beingdetrimental to the environment, I suggest that the City consider usingProposition C funds to purchase the property as open space so that theexisting neighborhoods can continue to enjoy the benefits of this naturalhabitat as the City maintains its commitment to “preserving unique cityresources”. Thank you for the opportunity to be able to share my comments on Site#3. Regards, Diane Lech PO Box 489 Carlsbad, CA 92018 619-322-8080 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Doris Schiller To:Scott Donnell Subject:input for housing element update Date:Saturday, September 24, 2022 3:11:48 PM I understand that low income housing must be provided in the city of Carsbad, but I do not feel our government needs to provide subsidized housing close to the beach with ocean views such as may be provided on sites #5, #16 and #17. I am particularly concerned about the site at the Poinsettia Train Station. Right now, there is a nice parking lot with homes east of the lot. Placing a large building and a parking structure to replace the lost parking would have a negative impact on the surrounding area not to mention potentially ruin ocean views for areas east of the freeway such as the homes in the Altamira development. Perhaps the the city could reconsider the two sites that were removed that were in the Aviara area. This area does not have any low income sites at all. Doris Schiller 6753 Oleander Way, Carlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:John Graham To:Scott Donnell Subject:Input on environmental study for future housing sites Date:Wednesday, October 12, 2022 10:44:19 AM Hello: The following are my own observations around proposed residential project and re-zoning sites. I am not employed or have any other interest in any area of environmental law or advocacy, other than having donated to causes like the Sierra Club, the Audubon Society, and various wild and domestic animal shelter organizations. And I am not nearly an expert in this area. Apologies in advance for the long-windedness. Site 1: Lagoon runoff and subsidence concerns from construction and living conditions, and nearby freeway interchange subsidence. The concurrent example I am thinking of is the construction of the interchange along I-5 and the Carmel Mountain road exit which created subsidence so massive that it forced Caltrans to abandon one of its offices on the west side due to the disturbance in the water table. I don’t believe this or any other project proposed here will cause that much havoc, or be another Millennium Tower, but I do believe there is a danger of affecting the land in such a way that could cause engineering headaches at the very least. Site 2: Toxic spillage from retail areas, which include auto repair, veterinary waste, food waste, possible misdirected commercial waste -- methylmercury fluorescent lighting, chemical degreasers and cleaners, microplastics from packaging and other containers, etc., including other commercial/industrial activity left over from various construction phases. There will also be geologic/paleontological concerns due to the area’s recent fossil discoveries. This site is large enough and within the influence of the lagoon and freeway construction to also expect other archeological and paleontological artifacts, including Native American, reaching back possibly thousands if not hundreds of thousands of years. I believe anyone who wants to re-build anything on this site will likely have to deal with multiple lawsuits regardless of what they want to do with it, including the city if they ever want to reclaim it for whatever reason. Site 3: This is the top of a hill with a fire station on the other side of El Camino, which suggests runoff potential during construction for all other surrounding areas. Main issue would be traffic congestion from a finished project. Any views from a multi-story tower here would be spectacular, but would also be subject to the strongest wind forces during high wind events. Site 4: The adjacent golf course suggests airborne fertilizers and pesticides might be a problem. The vast amount of wildland space around Agua Hedionda Creek suggests that this might be part of a wildlife corridor. Traffic in and out of a complex here would be a serious problem. The city might have to commit to a redirection of the wildlands to the north and east and also produce a plan to finish connecting the north and south legs of College blvd for this site to make sense. This site might be better used as a fenced park/recreational area if a full connection of College is not part of the plan. Site 5: Rail line subsidence and increased exposure to rail noise pollution for future residents of a project completed here. It is unknown what pollutants, airborne or otherwise, if any, are produced by the nearby desalination plant, but that might be a good study to complete if only to encourage the building of other desalination plants. Site 6: Golf course maintenance with airborne fertilizers and pesticides might be a problem. Probably a wildlife corridor. This part of College blvd is in real danger of heavy traffic with such a planned residential area because there is only one possible single-lane road in and out. A hypothetical connecting road to Faraday over the golf course is possible, but also possibly too expensive and impractical to even consider. Site 7: The surrounding commercial and industrial area, including the airport, suggests air and noise pollution. The many electronic and biotech companies located in this area present the possibility for catastrophic accidental discharge of airborne contaminants in such events as building fires or transport accidents. This would not be too much of a problem for a transient population of hotel- goers, for example, but would be more of an issue for permanent residents. The fact that there are no other residential areas around this site is a concern for the type of commercial and industrial traffic that residents would need to compete with to navigate the roads. Site 8: This area is already near perfectly acceptable residential neighborhoods, including Cottage Row. The grade of the hillside suggests the potential for landslides. The nearby school of flower design suggests certain airborne chemical treatments that might require further study. But assuming Cottage Row has already passed that kind of environmental review, this is otherwise an ideal location. Site 9: Noise pollution from the airport and a very busy road, and runoff issues during construction towards homes that are already at this location. This area appears to have been already prepared for construction, but is by now probably a wildlife corridor which will be squeezed into a narrower path between housing developments. Additional fencing or other means of keeping dangerous wildlife (larger predators and smaller disease-carrying rodents and arthropods) away from residential areas will probably be necessary. Site 10: Noise and particulate pollution from airport approaches and a very busy road. Area already appears prime for construction. Probable traffic increases. Site 11: Noise and particulate pollution from airport approaches and a very busy road. Area already appears prime for construction. Probable traffic increases. Site 12: Noise and particulate pollution from airport approaches and a very busy road. Area already appears prime for construction. Probable traffic increases. Nearby laboratory and engineering businesses may present an additional air pollution problem on days where the wind blows from the desert. Site 13: I did not find a site 13 on the arcgis map. Site 14: Rail line subsidence and increased exposure to noise pollution for future residents of a project completed here from the rail line and the youth academy. Possible runoff concerns into the lagoon. Possible air pollutant exposure to local commercial/industrial businesses and the maintenance of the turf on the nearby playing fields and parks. Possibly increased traffic concerns for an already busy road system here. I do not know why the Coaster parking lot is included in this site area as Coaster parking is already at a premium. If a parking structure is being considered to replace lost spaces due to residential construction, I would be very concerned about that construction activity, subsidence, and the resulting patterns for the movement of water during rain storms. Drainage would be a prime concern for constructing a project of that scale. The zero-sum loss of Coaster parking should be a non-starter for a regional plan that favors public transportation. The area towards the northern tip of Site 14 appears to be a prime area for construction and residential activity if more than one road were accessible in and out of that complex along, for example, the unnamed Carlsbad Village Station road and a possible cross-route to State Street. An outlet to Carlsbad Blvd appears like it would be a traffic nightmare getting in and out, and would technically only be accessible from a single direction on that route. Anyone coming from Oceanside would probably attempt illegal U-turns further down the road to get back. Site 15: Increased exposure to noise pollution for future residents of a project completed here from the rail line. This area contains commercial automotive activity where I would be concerned about toxic spillage of auto-related fluids here – the smell as well as the fumes. I would also be concerned about the impact any construction here would have on the walkable rail trail right next door, though that would be a great feature for residents to have at their disposal after they move in. Site 16: Increased exposure to noise and particulate pollution for future residents of a project completed here from the freeway interchange, a very busy road, and a very busy Costco. This area contains/ed state-sponsored automotive maintenance activity where I would be concerned about toxic spillage of auto-related fluids here. This project would increase traffic in an already heavily congested area, and would probably require a mitigation plan of some sort that redirected traffic in and out of Paseo del Norte in a clever way that made attempting to exit to/from Palomar Airport Road through the 7/11 and restaurant parking lots less of an attractive idea. Site 17: Please see my comments above for Site 14. I do not know why Coaster parking areas are being considered for residential construction projects, but it is alarming without knowing what the mitigations are going to be. This is otherwise an area where there are already residential neighborhoods. Site 18: Toxic spillage and seepage from various unknown contents of individual public storage warehouse areas. I believe the northern area of this site was already the subject of mandated environmental cleanup efforts. It would need to be graded with a fine-tooth comb to get all of the contaminants out of the soils here. If that can be successfully cleared, however, the northern area of this site should be an ideal location for high-end high-density residential areas. The southern end, however, is an area where I would be concerned about erosion from rising sea levels. Not that I think it would be underwater any time soon, but that the land to the west could give way in a few decades, creating hazardous chain-reaction conditions for anyone who lived within 200 feet of the (new) shoreline. I believe planning efforts are already underway to redirect Carlsbad blvd to less hazardous ground around this area, and the campgrounds along the cliffs are being reconsidered for just this reason. The new Hilton resort has undoubtedly figured out how to remain stable on its ground for the foreseeable future, but has likely not made the surrounding areas more stable with its construction. Site 19: I know very little about this area of Carlsbad, but it appears to have wildlife corridor issues and upwind golf course issues. The nearby retail areas would probably present general traffic problems. If you’ve read this far down, thank you. I am a 20+ year resident of Carlsbad and would like to see it prosper further into the future. I hope any of this might be helpful in some small way. Thanks for the opportunity to weigh in. John Graham CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Mike Geraghty To:Scott Donnell Subject:Input on Future Housing Sites - Site 8 and Site 9 Date:Saturday, September 24, 2022 5:00:15 PM Mr. Donnell - Thank you for the opportunity to provide public input on the environmental impact of rezoning sites in the city to accommodate future housing including low income units. I want to share my feedback regarding proposed locations called “Site 8” and “Site 9” on the report. As a 21 year resident of Carlsbad, I want to express my opposition for specifically considering /rezoning Site 8 andSite 9 for higher density housing and specifically to adding affordable / low income housing to meet staterequirements. Currently, the area of Palomar Airport Road and Aviara Parkway has Laurel Tree apartments (138 units) and isadding an additional 329 units with the construction of Aviara apartments for a total of 467 units concentrated in atight area. Adding more housing density and affordable housing will have a significant impact to this part ofCarlsbad: Transportation ImpactThe intersection of Palomar Airport Road and Aviara Parkway is extremely busy and adding additional high densityhousing to Site 8 and/or Site 9 will bring greatly increase traffic, parking issues, noise, greenhouse gases, congestionand associated issues to an already busy intersection. I am curious if any analysis has been done on the existingtraffic issues in this area- with the estimated increase of cars from the soon to be built Aviara apartments. UsingSite 8 or Site 9 will put additional strain on this area of the city. My concern has always been the number ofvehicles/parking availability that the proposed Aviara apartments will create - and adding additional housing in thisarea will make it even worse. Aesthetic Impact Building at Site 8 and/or Site 9 will cause a disproportional area of high density / affordable housing in a small area- which would not look appropriate in a very visible ‘gateway’ of Carlsbad - where many tourists and visitors cometo Legoland and the Crossings Golf Course. Additional cars would require either unsightly parking structures orstreet parking - which again would detract from the image Carlsbad has created for itself. Additional Environmental Impact A small but important consideration is the increased garbage and general trash that high density / affordable housingcreates. I encourage you or other Carlsbad City leaders to walk the streets around Laurel Tree Lane / 24 HourFitness and you will notice trash that people throw from their cars - or even people that apparently live in their cars. I appreciate your willingness to include these comments in the public record for feedback on Site 8 and Site 9 Mike Geraghty1191 Mariposa RoadCarlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Christopher Byrum To:Scott Donnell Subject:INPUT ON HOUSING PLAN - SITE #3 - STRONGLY OPPOSE Date:Friday, September 30, 2022 3:41:01 PM Scott, I own the old Carlsbad Fire Station #3 directly across El Camino Real from this site. I STRONGLY OPPOSE increasing housing density at this location. This is a bad idea for many reasons. 1. TrafficThis intersection already has enough traffic. Chestnut is the main entry-exit for this neighborhood. 2. High SchoolAs you know the Carlsbad high school is just down on Chestnut. Chestnut gets extremely busy in the mornings & when school lets out. Chestnut does NOT need any more traffic. 3. SafetyThere are kids on bikes EVERYWHERE on Chestnut going to school, crossing El Camino Real, etc.. Adding density & more traffic at this site is dangerous for the children. I HIGHLYRECOMMEND that the City of Carlsbad does NOT increase density here due to the safety concerns as well as increasing the City's liability in the event of an auto/bicycle accident dueto increased traffic. 4. Noise At my property I already deal with an unhealthy amount of noise pollution. Increasing densitywill increase noise in our neighborhood not only from the additional traffic but also during any type of construction. More people, more traffic, more noise 5. Air PollutionOnce again, I also deal with an unhealthy amount of air pollution due to the traffic on El Camino Real. There is absolutely no reason to increase this with a large construction projector additional auto pollution in our neighborhood. 6. Lawsuits Trying to increase density at the site will I'm sure result in lawsuits from homeowners nearby. 7. Neighborhood aestheticsThe surrounding area is mostly single family homes. Not only that but there are a number of mature trees on that site that it would be a shame to see go. 8. Property ValuesI feel adding density at this site will result in not only my property value being affected negatively but all surrounding homes as well. It is simply a bad idea. Please take all these points into consideration. Every neighbor I've talked to feels the same way. We do not want increased density at this site. Also, I had to find out about this proposed site from my neighbor. This has not been advertised properly ESPECIALLY to the property owners it affects the most. Notices withMAPS should have been passed out to every homeowner it affects with detailed site info. Once again I had to find out from a neighbor and then do research online. I did receive a veryvague notice in the mail but this easily gets overlooked. It almost feels as though the City is trying to sneak this through. -- Sincerely, Chris Byrum, Broker 619-788-2361 c BRE Lic# 01794251 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steven Medina To:Scott Donnell Subject:INPUT TO CARLSBAD HOUSING PLAN UPDATE Date:Wednesday, October 26, 2022 7:43:48 PM Good Day Mister Donnell - As with all plans, the first consideration is the obvious "driving Factor(s)". In the case of the subject plan update, it is unclear what the driving factor is. Have we, as a City, determined that: 1) we need more affordable multi-unit housing units? 2) if so, when was this determination made, by whom and where have the data sets been published in the public record? 3) since that data had been captured and published (in the public record) has the defined/published need been affected by known population migration and or population changes brought about by the current COVID-19 virus? 4) if so, did we identify the number of units required to support that pre-defined need, and as adjusted by migration and or virus impacts? 5) has there been any consideration for re-zoning to other uses other than for moderate-to- low income multi-family housing units? 6) if there have been other considerations, what were those defined needs (e.g., green space, recreational-use space, etc.)? The above are just a few that Carlsbad Citizens need to better understand, so that a more informed decision can be made. There has been much kerfuffle regarding a perceived over development in downtown Carlsbad. From an "outside perspective", it appears that real estate developers have gained the largest advantage from the recent growth "spurt". It also appears that multi-unit housing development has not taken into consideration, such as, parking, traffic congestion, increased foot traffic and a possible lack of appropriate infrastructure. This now contributing to an increased amount of congestion and related safety issues. Noted that a number of proposed areas would be inter-mixed with commercial/industrial space. It is unclear, from the proposals, if consideration has been made of the impact upon such an inter-mixing. It is also unclear why commercial/industrial space was not deemed feasible. Is it possible that there is a diminished demand for such use or is it because a re- zoning would make it more financially viable (and attractive) for the City (increased tax revenue, etc.). Hopefully, this proposed re-zoning will take the time to more comprehensively address the aforementioned issues, as well as those being brought about by the Citizens of Carlsbad. If you have any questions or require additional information, please let me know. Thanks so much for the opportunity to weigh-in. Semper Fortis, Steven R. Medina Captain, US Navy (Retired) Phone: 626-252-6792 E-Mail: steven.medina55@yahoo.com "EVERYTHING is Interconnected" CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:mmaichen (null) To:Scott Donnell Subject:New plan for housing Date:Saturday, September 24, 2022 12:38:16 PM Hello, I am concerned about the changes to the plans from years ago limiting growth and know that I am not alone.Let’s not ruin Carlsbad with over- building. One of the most appreciated aspects of living here is the open spaces.They show not disappear.Over the years more and more spaces have disappeared as huge developments have been built. We are reaching thetipping point of losing the cherished character of Carlsbad.Done even get me started of southern California’s lack of water. As a native Californian of a considerable age I, andothers, have lived through the spray- painting green the dead lawns, the buckets in the shower to collect warm upwater and the bricks in the toilet tanks during our droughts, only to see massive building continue. We don’t havethe resources to accommodate such growth.Thank you!Marianne MaichenSent from my iPhoneCAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Madsen, Jackie To:Scott Donnell Cc:Scott Chadwick; Priya Bhat-Patel; Geoff.patnoe@carlsbad.gov Subject:Opposition of Re-Zoning Site 10 Date:Saturday, October 22, 2022 2:57:42 PM Hello Scott, My name is Jackie Madsen. I am a resident homeowner on Colt Place. I am writing to express my opposition to the rezoning of site 10. Please add my response to the Public Inquiry Summary report on record as a no. I am concerned about identifying pollution issues in the environment, inclusive of, but not limited to air, water, and land. The influence of additional population on the environment, review of spill anticipation programs and dangerous waste regulations, wildlife protection / extensive study of wildlife, natural land, animal, insect, soil, plant protection, water concerns, safety, and usage. I am concerned of hazmat related problems, all waste problems, soil testing, emissions, all land, air and water possible containments or protection. Please remove Site 10 from your consideration. Best Regards, Jackie Madsen 6018 Colt Place, Unit 103 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Kevin C. To:Scott Donnell; Scott.Chadwick@carlsbad.gov; priya.bhat-patel@carlsbad.gov; Geoff.patnoe@carlsbad.gov Subject:Planned rezoning Site 10 Date:Sunday, October 23, 2022 6:22:09 PM All, This email is in regard to the proposed rezoning of a vacant lot adjacent to the condominium community where I live. The site is off Colt Place in Bressi Ranch and is designated as Site10 in the rezoning for housing purposes plan. I would like to go on record as being against the rezoning of this lot for environmental reasons. The rezoning and development of this site would result in increasedtraffic, noise and pollution on Colt Place and in our Kensington condominium community. Colt Place is a short cul-de-sac which is already heavily traveled by residents, visitors and those cutting through our community to get to the adjacent Sprouts/CVS commercial space. There would be a large increase in vehicular and pedestrian traffic and noise if site 10 was developed as residential. Parking is limited on Colt (especially in the evenings) and wouldworsen with more homes. The environment would be further impacted by increased trash and animal waste. The city easement and sidewalk areas on Colt is currently in poor condition (dead grass and waste) andwould worsen with additional residents and use. On any given day one can walk along the area and see large amounts of trash including fast food waste, smoking materials, usedprophylactics and alcoholic beverage containers. The environment would be directly impacted in a negative way if Site 10 is rezoned. Please drop this site from consideration. If this site and the much larger site, only a quarter mile tothe east of Kensington are both rezoned and developed, Bressi Ranch on a larger scale would be greatly harmed. Thank you for your efforts and consideration. Kevin Carter6002 Colt Pl. Unit 105 Carlsbad, CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Erin2Busy To:Scott Donnell Subject:Planned Sites Date:Monday, September 26, 2022 10:52:58 AM Hello, Scott. I am unable to attend your upcoming meeting because of my job, but I wanted to give you my input. Unfortunately, I know that what I request will probably not be what ends up being done, based on the make-up of the commission and the council who continue to push as much low income into D1 as possible. Spreading the low income housing throughout the community is what's best for the community. I run a nonprofit if Orange County and one thing that is always definitely clear is the value of spreading low income housing throughout the community. Students in schools with economically diverse students do better than low income and Title 1 schools. Parents that have the ability to transport their children to "better" schools do so, leaving the poorer school in even worse condition. Low income schools have less parent involvement and fewer students who participate in sports, band, etc. Parents are wrong when they assume that they can't have a lower income element in their schools as there are no studies confirming that children from low income homes are any more violent, disruptive or have less academic abilities. I hate to see residents in D3 an D4, and their representatives on the Council, continue to try to push lower income housing out of their community. It's elitist and unfair and a way to increase their property values. In addition, not all low income jobs are in D1 and thus, having all the low income housing in D1 does not put them closer to where the jobs are and just because they are near to the train and bus stations does not mean that that's the way residents get to work. Most low income jobs do not pay for transportation, which is higher than the cost of driving and carpooling. The bus/train schedules do not always match work schedules and generally do not drop the rider off close enough to their jobs. Council members and the commissioners who think that having all of Carlsbad's low income housing at the mall location because it is near to the transit center are unrealistic and will increase their property values at the expense of D1 property values. Finally, traffic between the 78, El Camino and Jefferson is already difficult and pouring more traffic onto these streets due to higher density and the new Oceanside hotels is unwise. Residents in D3 and D4 go south and see themselves as part of Encinitas or go east. They rarely come to the Village or D1 so they don't see a problem with the increased density. I'm writing today to please ask you to spread the developments between the Districts and take into consideration that D1 currently has the lions share of low income housing. There is more room in the other Districts that you really don't need to shove it all on North Carlsbad. Thank you, Erin Nielsen CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Megan Gonzalez To:Scott Donnell Cc:Scott Donnell; Scott Chadwick; Priya Bhat-Patel; Geoff.patnoe@carlsbad.gov Subject:Planning for future housing in Carlsbad - notice Jan 28, 2022 Date:Saturday, October 22, 2022 9:23:02 PM Attachments:Site 10 - Bressi Ranch Colt Pl with letter.pdfSite 11 - Bressi Ranch Gateway Rd with letter.pdfExh 11 - Existing Affordable Housing and Potential HE Sites - Aerial11x17.pdfHE Table 10-34.pdf Carlsbad City Council, Planning Department, My name is Megan Gonzalez and I am a resident homeowner on Colt Place in Kensington at the Square, I want to place on record my opposition to the rezoning of site 10. Adding any additional housing on this site will be very detrimental to the existing homeowners. There is no access to Palomar Airport road from the site. All the additional traffic will be on the Colt Place cul-de- sac. This would be disastrous in the event of any emergencies requiring evacuation. Please remove Site 10 and site 11 from your consideration. Regards, Megan Gonzalez Resident Bressi Ranch Hello Scott please note this as on record for today is October 22 of which your survey site has been inactivated for input.Please add to them Public inquiry summary report. Many homeowners have concerns with the site 10 location.The impact of traffic on our private road and environmental impacts. Rezoning would be a huge negative impact on the current issues at hand.Put this on record as a no. Thank you for your comments. They will be included in the public input summary report presented to the City Council early next year. You can also provide additional input throughtomorrow via our online survey, available athttps://www.surveymonkey.com/r/housingsites and continue to provide mail and emailcomments through October 22. The lot should be developed as business/commercial in order to maintain consistency with past development on the surrounding larger parcel. Access to the 49 residences would bethrough a cul-de-sac that is already busy with traffic. 49 residences would only make things worse. Megan González Home Owner Hi Megan, Attached and below are resources to follow up our conversation yesterday. Fact sheets for sites 10 and 11 (Site 11 is another potential housing site in Bressi Ranch. It is located east of El Fuerte St and along Gateway) – attached Link to online interactive map of all 18 potential housing sites (note there is no site 13): https://carlsbad.maps.arcgis.com/apps/webappviewer/index.html? id=4a5a710965bd4e6da387aa3183fd5ae2 Link to public input summary report on future housing in general and on each of the 18 sites):https://www.carlsbadca.gov/home/showpublisheddocument/9002/637795746394770000 Link to information on the overall housing plan update and efforts to identify housing sites: https://www.carlsbadca.gov/departments/community- development/planning/housing-plan-update Link to Information bulletin explaining state housing mandates: https://www.carlsbadca.gov/home/showpublisheddocument/4008/637702583633930000. Link to city’s affordable housing page: https://www.carlsbadca.gov/departments/community-development/housing. The bottom of the left column links to the 2021 housing income limits. The center column has “affordable rental housing” information and a map of all affordable rental housing in the city. Kensington is not identified here because it is an ownership, not rental, project. Map identifying existing, approved, and potential affordable housing (ownership and rental) throughout Carlsbad – attached. Housing Element table 10-34, recent affordable housing projects – attached (note table says Kensington has 17 affordable units; the correct number is 25). • • • • • • • • 0 0 Let me know if any questions. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 | 760-602-8559 fax | scott.donnell@carlsbadca.gov From: Megan Gonzalez <hoamegan@yahoo.com> Sent: Thursday, February 24, 2022 2:02 PM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Cc: Megan Gonzalez <hoamegan@yahoo.com>; City Clerk <Clerk@carlsbadca.gov> Subject: Planning for future housing in Carlsbad - notice Jan 28, 2022 Scott, I left a voice message. I am the Vice President Board of Director for the Kensington at the Square Bressi Ranch community. The homeowners received a notice dated Jan 28, 2022 planning for futurehousing in Carlsbad. One of the areas designated lies between a commercial and residential land and is currently zoned as light manufacturing/industrial. Colt Place 92009 - between Palomar Airport Road and Gateway Road Map site #10. Can you please share any information regarding the future use for thissite? Megan Gonzalez Kensington at the Square CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:June Ainsworth To:Scott Donnell Subject:Planning for low cost housing Date:Tuesday, September 27, 2022 4:44:41 PM Big yes to the property at the Carlsbad Shoppes. I always felt that to build housing where the old Sears store stands would be beneficial to all. Something attached to the actual shops wouldgive the shopping center a much needed boost. Bring a grocery store (Frazier farms, Trader Joe's etc) would help too. Big NO to site 14. Downtown Carlsbad is so crowded now. This will just bring more traffic.Us, love the historic feel by the transit center. Building housing in the commercial areas that are vacant is a great idea too. Finally, Big no on building by any of the open land. The diverse amount of wildlife is already suffering from over building. Leave the open spaces open! Sent from Yahoo Mail on Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Dean Taber To:Scott Donnell Subject:Poinsettia Station Housing Date:Friday, October 14, 2022 9:51:21 AM Hello Scott, I am Robin Taber, I live in the Waters End development on Seaward Ave, next the Coaster Station. I understand the need to add more housing to Carlsbad, and the need close to transit. The area already has 3 story density, with what I think was the Blue Water lofts. This was suppose to be a live work area that has not lived up what it was billed to be. The retail is spotty and the day care building never was leased. The building themselves seem to be more than 3 stories because of rumored ground water was encountered when building the underground garage, thus being about 3 &1/2 stories tall. The building was also built without respect to the single family homes in Water End. They don’t match anything next to them and seem on their way to becoming a future slum, since the building has not been painted since it was new. Carlsbad’s reaction to housing mandate seems to be clearly lacking any vision. The city seems to be reacting to the State on a law that is about to be challenged, since it does not make since to have a housing shortage and the state is losing population. Housing should be build were the jobs are which are not at the train station. All along Palomar Airport road, downtown Carlsbad, and near the resorts, or in the resorts parking lots would appropriate. That being said, I would support 3 story buildings (no to 4 &5), as long as they respect the homes they will be next to. Regards, Robin D Taber 601 Seaward Ave. Sent from Mail for Windows CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Don Christiansen To:Scott Donnell Subject:Potential Housing Sites Date:Tuesday, October 25, 2022 1:33:24 PM G'Day Scott! I'd like to thank you and your fellow staff for putting together the "most excellent" interactive map AND for your public outreach on this subject. Although I used the map to have a look at all the sites there are only three I will comment on. From my perspective: Sites 1 and 2 are ideal candidates for increasing Carlsbad's housingsupply. Highest and best use of Site 1 would be to fully develop it as multi-family housing. Site 2's highest and best use would be to keep the commercial areas that make "sustainablesense" and develop the remaining as multi-family housing. I've long thought that there is an opportunity for significant synergy between the businesses at the mall and the businesses andresidents in the Village and Barrio. Housing at the mall could increase that synergy. The sale of City owned Site 6 for residential development makes good sense to me. It's my understanding that the City is projecting a budget deficit within the next 5 years. Selling anon-performing asset like Site 6 makes much more sense than raising taxes. That's it! All the best, Don Christiansen CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Yolanda Higgins To:Scott Donnell Subject:Propose Site 5 as a viable option Date:Wednesday, October 12, 2022 8:25:37 AM Good morning, I propose site 5 as a viable option. It is in close proximity to transportation, grocery shopping,expressway, and outdoor free activities, I.e. the beach. I live in close proximity to site 4 and we just had two senior communities built and the traffic congestion is already maxed. Thanks for your consideration. Sent from Yahoo Mail for iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:JOHN NIX To:Scott Donnell Cc:john@primports.com Subject:Proposed 200 Units / affordable housing Date:Monday, September 26, 2022 5:59:31 PM Mr Donnell, I want to address the environmental impact of the proposed 200 Unit Affordable housing development being considered across the Railroad bridge in our community. We areresidence and owners at 2321 Ocean St..... this development would impact property values in all of the surrounding area, and create more traffic which the area certainly does not need. During the summer months and holidays there is more out of community traffic that 200 units would add to, as well as increased crime. Since when do we consider high value areas for Affordable housing ? We already experience high crime and police activity in this area. I do not believe the residence of this area, or theoverall tax paying residence of Carlsbad support this. Your commission has already supported too many high density condo's in the village which is ruining what Carlsbad hasalways been know for. A quite residential beach community that ALL residence and owners have felt save in. I encourage you and the commission to vote NO on this development.... It is BAD for Carlsbad and not supported by the residence of our proud community. We appreciate yourconsideration, and know you will make the correct decision in DECLINING THIS PROPOSAL. Regards, John H Nix Joan P Nix 2321 Ocean Street Carlsbad, California 92008 602 363 8619 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Ashley Andrews To:Scott Donnell Subject:Public meeting about resigning Date:Tuesday, September 27, 2022 1:45:41 PM Hi Scott, I have corresponded with you before concerning zone 8, my property on Mariposa Road backs up to the potential 150 unit complex you guys would like to build. I am extremely opposed to this proposed increase in units. I would like to attend any and all meetings concerning this project. Is there one tonight? Please let me know. I will also let all of my neighbors know so they can attend as well. This area is already being built up (the warehouse/empty lot near 24 hour fitness is adding a ton of housing already) and our roads/schools/parks cannot accommodate the insane amount of people the city is proposing moving into the area. Seriously bonkers that this is a proposed location. Thanks, Ashley Andrews (760) 500-4400 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Mike Kurnow To:Scott Donnell Subject:Questions regarding the influence of Palomar Airport on New Housing Plans Date:Sunday, October 16, 2022 6:43:49 PM I request that the following questions submitted by C4FA be addressed at the Community Input meeting to be held October 17: What regulations are in place to protect residents from: High decibel Noise coming from the nearby Airport Air Pollution coming from the nearby Airport, specifically Lead Particle Pollution Ground Level GHG's GHG's What provisions will be made to keep residents safe given new housing appears to be under the nearby Airport arrival paths? Will the City require a new comprehensive noise study to be performed to measure the impact of noise from Palomar Airport? The last one done for Palomar Airport was in 2005. Which of the various maps will delineate the Airport Influence Areas involved? Will maps show changes to these Airport Influence Areas that will occur should the D-3 Airport be built per the Palomar Airport Master Plan? • 0 0 ■ ■ ■ ■ • • • 0 Will the maps be the same for Noise, Air Pollution, Resident Safety? Who has final approval for building sites? What is the process? Steps involved? For sites in the Airport Land Use Compatibility Plan, at what point will the Airport Land Use Commission (ALUC) be engaged? What and when in the process with there be further opportunities for citizen review? As a resident of La Costa I am very concerned regarding any expansion of the Palomar airport,and change to its usage plans and / or operating hours impacting the quality of life of residentsin the airport’s influence areas. Mike Kurnow CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. • • 0 0 • • From:gober2c@aol.com To:Scott Donnell Cc:Planning; Scott Chadwick; c4fa.info@gmail.com Subject:Re Public Input on City of Carlsbad Environmental Study for Future Housing Sites Date:Friday, October 21, 2022 2:20:43 PM Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Dear Mr. Donnell The following environmental impacts need to be properly evaluated in the City of Carlsbad’s study on potential properties that could be rezoned to accommodate future housing in accordance with California state mandates: 1. Traffic Considerations 2. Site Location and Aesthetic Considerations 3. Access to Relevant Existing Public Amenities 4. Impacts of the McClellan-Palomar Airport on any Future Planned Housing in Carlsbad, including a City of Carlsbad review and analysis of the airport’s signed voluntary Noise Compliance Agreement with the FAA, including related obligations of the airport, and the required implementation of effective noise abatementpolicies and procedures. Thank you very much for ensuring these impacts are properly considered and evaluated. Sincerely, Giovanni and Anne Bertussi Carlsbad, CA This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential or exempt from disclosure under applicable Federal or State law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by a separate return email, and delete and permanently destroy the original message and all copies thereof immediately. Thank you. From: planning@carlsbadca.govTo: gober2c@aol.comSent: 10/14/2022 8:03:55 AM Pacific Standard Time Subject: Reminder: Give input on environmental study for future housing sites Reminder: Third meeting added to give input on environmental study for future housing sites Remember to mark your calendar for Monday, Oct. 17, to give input on what environmental impacts should be evaluated in a study on potential properties that could be rezoned to accommodate future housing. A reminder that the city also extended the deadline to provide comments from Oct. 14 to Oct. 26. Environmental Scoping Meeting Oct. 17, 6 to 7:30 p.m. City of Carlsbad Ill Faraday Administration Center 1635 Faraday Ave. You can provide input via mail or email through Oct. 26 to: Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Scott.Donnell@carlsbadca.gov Next steps After helping identify what environmental impacts should be evaluated, residents will have an opportunity to review and provide input on the draft report once it is developed. The supplemental environmental impact report willbe presented to the City Council for consideration in 2023. Background The city is preparing a supplemental environmental impact report for its General Plan, approved in 2015. The report is required as part of thecity’s Housing Element Update, a state-required plan approved in July 2021 forhow Carlsbad will accommodate projected housing needs through 2029. As part of a Housing Element Update, the state also requires all cities analyze and update portions of their Public Safety Element, a separate chapter of the General Plan that focuses on citywide topics including climate resiliency, wildfire hazards and evacuation routes. Updates proposed will respond to requirements of new state legislation related to these topics. The city worked with the community last year to choose the potential sites, andthe next step is to perform environmental studies. This analysis will help informthe final selection of sites. Zoning changes The city’s housing plan includes proposed changes to zoning that would allow more housing units on certain properties. This study will evaluate the environmental impacts of those changes, including how it might affect things like transportation, aesthetics and greenhouse gas emissions. Housing program implementationThe housing plan also includes programs that require the city to make changesto housing standards, such as allowing additional types of housing and higherdensities to meet state requirements. The environmental review will analyze the impacts of implementing some of these programs. Learn more Housing Plan UpdateGeneral Plan• • Scott Donnell, Senior Planner, scott.donnell@carlsbadca.gov Visit the Website ‌ ‌ ‌ ‌ City of Carlsbad | 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Unsubscribe gober2c@aol.com Update Profile | Constant Contact Data Notice Sent by planning@carlsbadca.gov CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. • From:Jackye Willis To:Scott Donnell Subject:Re village apartments/parking structure Date:Wednesday, October 19, 2022 8:20:24 AM I think building more apartments (state mandate) would be better at the Shoppes at Carlsbad city owned property . It would be near public transit and would not require parking structure in the village, which is a bad idea. Jackye and George Willis, 2050 Laurie Cir, Carlsbad . Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Warren Kato To:Scott Donnell Cc:Katherine Kato; Warren Kato Subject:re: 3rd meeting added to give input on environmental study for future housing sites Date:Wednesday, September 28, 2022 3:23:26 PM Thank you for the opportunity to comment on future housing planning in the City of Carlsbad. We are given the opportunity to give vision to the City for the wonderful place that Carlsbad is to live. I do have an objection that might be beyond the scope of this open inquiry to the community to makecomment. From the map online we are given the choice of commenting on the following sites: 2, 3, 4, 5,6, 7, 9, 12, 14, 15, 16, 17, 18, and 19 = 14 sites. The problem is that we are given the opportunity to comment only on a limited number of locations andnot the broader area of all of Carlsbad. There are many areas in Carlsbad that are not included in thispotential survey. Changing zoning on a few individual lots does not meet, in any meaningful way, therequests by the California State Legislature in its most recent statutes regarding the increased availabilityof housing in that entire state for hundreds of thousands of people. It seems that Carlsbad's response islimited at this time, not only in breadth but in expanse, to wit limited to a needed look at affordablehousing and only in certain limited areas. I appreciate the comment that the CIty is contemplatingchanging zoning in certain areas but it is difficult to comment on these plans without further information. Specifically, I point out the Sunny Creek area of Zone 15. The Sunny Creek Specific Plan area isbounded on the south by the Sunny Creek drainage basin, the Eastern boundary is fixed at the LosMonos area, the north by the City of Oceanside and the Ocean Hills development, and the west byCollege Blvd. and open space. This area is approximately 600 acres and is partially permitted. However,large parts are unpermitted and remain undeveloped. Despite best efforts by developers and investors,no grading permits have been pulled. It is speculation that development has stalled because of financingconcerns over the extension of College Blvd. and a bridge over Sunny Creek. Normally these costs arepassed through to buyers. But in the Sunny Creek Specific Plan area, many lot sizes are a minimum ofone acre. This makes development and more housing financially unfeasible at the present time. The mandate by the State of California (or more kindly request) is that housing increase statewide. In a ham-fisted way, they have mandated ADUs for any lot, and most recently in AB916 allowed two additional bedrooms per housing unit without any public hearing. The City of Carlsbad has always prided itself in the manner in which the entire community was beautifully planned. By taking prospective action, this City has the opportunity to increase housing density without more State mandates. It appears that the best solution to these two problems is a recommendation by this committee to encourage development in this area by recommending to the City Council and the City of Carlsbad that the City do more in terms of financing the infrastructure needs as well as zoning changes that have been mentioned. Further possible recommendations include an amendment of the Sunny Creek Specific Plan. The needs include not only the extensions of College Blvd. but also necessary changes in planning needs for roads, water, sewer, and fire protection. I represent the Kato Family Limited Partnership which currently has its holding in an agricultural lease. But with the cost of water and labor in the Southern California region and in particular the Carlsbad area, agriculture is not financially feasible at least in the long term. And as stated above, development is also not financially feasible. It would be a shame that this property ended up as vacant land when it could instead be productive property, taking up the problem of our housing shortage and also increasing the tax base for the City. Thank you for allowing this opportunity to express our concerns, dreams and needs. -- Warren Kato (714) 504-6081 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:David McFeaters To:Scott Donnell Subject:Re: Environmental Scoping Meeting on Housing (OCT 17th) Date:Wednesday, October 12, 2022 8:46:22 AM Hi Scott, thanks for the update. So great to hear the City of Carlsbad is giving more consideration to NC San Diego's urgent housing crisis. My group has put a ton of research into this idea in 2018-2019 with the idea ofconverting vacant & under used commercial properties into residential housing (possibly for senior citizens). At the time we had multiple standalone properties targeted and severalproperty owners on board and willing to make the conversions. Getting zoning and the city's blessing on the projects is where the idea ended. For years my family has owned and managed multiple commercial and residential propertiesin San Diego. We own a construction firm that has been in operation over 40 years. Our team was going to be able to build out and manage the entire solution once finished. There was alsoa local Carlsbad politician involved who supported us. I think we can help you with this venture. I'd like to offer ourassistance to you with the same team that was spearheading this idea in 2019. With this new interest, I'd like to bring this project back for consideration. We'd want to reach back out to those property owners who were interested and continue and complete oneor two or these projects as a test. Maybe we could meet and explain our plans further. Regards, David McFeaters2385 Outlook Ct Carlsbad 92010 On Tue, Oct 11, 2022 at 8:37 AM Scott Donnell <Scott.Donnell@carlsbadca.gov> wrote: Hi Mr. McFeaters, On Feb. 15, 2022, the City Council did provide direction to staff on the sites to study forpotential rezoning that would allow residential. These sites include a mix of commercial, industrial, and low density residential properties. The commercial properties include a mixof vacant (sites 6, 7 and 19) and underutilized sites (sites 1, 2, 16). These sites are shown on an online map available here: Potential Housing Sites (arcgis.com). Like you, others have recommended the city look at commercial properties, particularlythose that are underperforming, including vacant office buildings. The Housing Element does contain a policy that encourages reuse of older commercial or industrial buildings. Thisyear, the city also revised its Zoning Ordinance to permit both horizontal and vertical mixed use projects, which allows more flexibility in how residential is built in commercial areas. Thank you for your comment. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 o | scott.donnell@carlsbadca.gov From: David McFeaters <mcfeate@gmail.com> Sent: Monday, October 10, 2022 3:15 PMTo: Scott Donnell <Scott.Donnell@carlsbadca.gov>Subject: Environmental Scoping Meeting on Housing (OCT 17th) Hello City of Carlsbad I wanted to provide input on what environmental impacts should be considered in rezoningproperty to help with housing problems in Carlsbad. Three years ago I approached the citywith these ideas with zero interest. One idea I had was to look at some of the excess commercial properties we have in Carlsbadthat have sat vacant and idle for years at a time. There are a number of areas locally thathave vacant commercial property that could be rezoned for housing. Ideally, stand aloneproperties could provide short or even long term rentals that would be affordable to most. I don't think this type of housing would be good for families but certainly elderly ortemporary housing would be a good choice in that there may not be the need for extraparking spaces, less traffic, fewer visitors and less need for parks or open spaces nearbyassociated with the space. Sincerely -- David McFeaters 2385 Outlook Court Carlsbad CA 92010 760-586-2645 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. -- David McFeaters2385 Outlook CourtCarlsbad CA 92010760-586-2645 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Randi Greene To:Scott Donnell Subject:Re: Housing and Environmental Impact Date:Thursday, September 29, 2022 8:15:18 PM The buena vista lagoon and creek must be considered for environmental impact report done by scientists and input from fish and game. Sent from my iPhone On Sep 29, 2022, at 5:10 PM, Scott Donnell <Scott.Donnell@carlsbadca.gov>wrote: Dear Randi, Thank you for taking the time to comment. The city’s adopted Housing Element does contain programs to consider commercial properties and underutilized commercial, office and industrial space as appropriate. Nevertheless, your comment is appreciated. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 o | scott.donnell@carlsbadca.gov From: Randi Greene <randigreene2003@gmail.com> Sent: Wednesday, September 28, 2022 9:17 AM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Housing and Environmental Impact Scott, I feel strongly that we should be looking at empty office buildings. There would be no environmental impact on those spaces that are already built. Here is a story about the other cities that are doing just that: Cities and states across the country are looking to transform vacant office buildings into housing — a solution for both empty downtowns and housing shortages. · Adaptive reuse of existing buildings also is gaining popularity for environmental benefits, Kate Marino writes for Axios Markets. Why it matters: Commercial districts with little to no residential presence turned into near ghost towns during the pandemic, becoming a blight on the cityscape and a detriment to surviving businesses. Reality check: Even though offices are still only half-full in many cities, these types of conversions have yet to really pick up steam. They're expensive, and loads of red tape and zoning laws usually get in the way. What's happening: A few big cities are creating new incentives they hope will unleash a wave of housing conversions in the decade ahead. · Chicago this week proposed an initiative to repurpose high-vacancy buildings in its downtown financial district into homes, offering tax credits and incentives along with financing tools. · In New York City, real estate trade association REBNY estimates that a "conservative" conversion rate of 10% of NYC's lower-tier office buildings could generate approximately 14,000 new residential units. · The L.A. City Council is expected to consider an updated ordinance that would provide financial incentives to convert downtown office buildings. A Rand study in L.A. found underutilized commercial properties that could collectively produce 92,000 housing units. California's 2023 budget allocates $400 million in incentive grants for office-to-residential conversions. · Denver is also funding studies. · D.C. Mayor Muriel Bowser pitched a 20-year tax abatement tied to these kinds of conversions. The bottom line: Saying goodbye to concentrated office districts and 9-to-5 downtowns is a process that probably will play out for decades — part of the pandemic’s lasting impact on our lifestyles and communities. -- Randi Greene 831.869.8325 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:juliebdecker@gmail.com To:Shannon Harker; Scott Donnell Cc:jaimie.augustine@copangroup.net Subject:Re: Housing Element Site No. 10 Date:Saturday, October 22, 2022 2:11:18 PM Attachments:image001.gifSite 10 - Bressi Ranch Colt Pl with letter.pdf Hi Scott, After additional counsel, our community actually needs any application requests or interest submitted to the City over the last (10) ten years for usage or development by any developer,builder or interested party. Also, to help define concerns re: development on housing site #10 for your environmental study please formally note theConcerns listed below. CONCERNS for environmental impact: identifying pollution issues in the environment,inclusive of, but not limited to air, water, and land. The influence of additional population on the environment, review of spill anticipation programs and dangerous waste regulations,wildlife protection / extensive study of wildlife, natural land, animal, insect, soil, plant protection, water concerns, safety and usage. Concerns of any and all hazmat relatedproblems, any and all waste problems, soil testing, emissions, any and all land, air and water possible containments or protection. Thank you Scott. It was great listening to you on Monday and really appreciate all that youare doing to support the residents in the community. Thank you so much. Julie Decker (c) 619.977.0400Sent from my iPhone On Oct 22, 2022, at 9:32 AM, juliebdecker@gmail.com wrote: Thank you Shannon. We are grateful for your communications. I was at the meeting on Monday and heard Mr. Donnell speak. We have many concerns about the environmental impact on the community ifdevelopment on site #10 is approved. Mr. Donnell, do you have time for a call prior to October 26, 2022. Given thisdeadline, it is important that we speak early next week. We will stay flexible toaccommodate your calendar. Please note this email as an official record of our concerns re: housing sitenumber 10. Could you also provide the RFP responses, requirements and disclaimers of the awarded planning consultant and any past relationship the committee or membershave had with the awarded consultant? Additionally, any application requests for land usage or development, of any nature, on what is currently lot #10 in the pastfive years. Thank you and we certainly appreciate all that you do to keep our community safe and viable. Julie Decker(c) 619.977.0400Sent from my iPhone On Oct 21, 2022, at 11:46 AM, Shannon Harker<Shannon.Werneke@carlsbadca.gov> wrote: Hi Jaimie and Julie, It was nice speaking with you both this morning. I understand you have some questions about the timing for the planning process that is currently underway to study the change in the land use designation for the vacant property located in Bressi Ranch, specifically at the terminus of the cul-de- sac for Colt Place, APN No. 213-262-17. The property you are inquiring about is identified as Potential Housing Site No. 10. Attached please find a fact sheet summarizing the proposal to change the designation from Planned Industrial to Residential, 19 to 23 dwelling units per acre. As we discussed, the city is currently studying the change in the designation at this site as well as several other sites as part of an Environmental Impact Report (EIR). In speaking with the project manager, Scott Donnell (cc’d on this email), while the EIR process to study the impacts associated with the land use change won’t be completed until sometime in 2023, there is a deadline of next Wednesday, October 26 to provide feedback on what should be studied as part of the EIR for the potential housing sites. If you would like additional information on the process, I’ve included a link to the Housing Update webpage: https://www.carlsbadca.gov/departments/community- development/planning/housing-plan-update If you have any addition questions about the process or you would like to provide specific comments on Housing Site No. 10, please contact Scott Donnell. Thanks! Shannon CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. SHANNON HARKER Senior Planner Community Development Department 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov 442-339-2621|shannon.harker@carlsbadca.gov SUBMITTAL APPOINTMENT: Phone: 442-339-2600, option 2 Email: planning@carlsbadca.gov Online: https://www.carlsbadca.gov/departments/community- development/book-an-appointment Il l From:Marcia Venegas-Garcia To:Scott Donnell Subject:Re: Housing Element Date:Wednesday, October 19, 2022 1:48:32 PM Hi Scott, I was thinking more in terms of the proposed plans for the Palomar Airport and potentialpollution caused by larger aircraft over housing that seniors might inhabit as part of an argument against that possibility. Don't know if that will make sense to you, but happy to clarify. Commissioner Venegas-García On Oct 19, 2022, at 1:20 PM, Scott Donnell <Scott.Donnell@carlsbadca.gov>wrote: Hi Commissioner Venegas-Garcia, I don't know the answer to your question but will provide your comment to our environmental consultant. The consultant is helping the city study the environmental impacts associated with the project. You may recall discussion about a smoke-free ordinance for multi-family housing. The approved Housing Element does contain a program calling for that ordinance’s consideration: <ATT09403 1.jpg> Thank you. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 o | scott.donnell@carlsbadca.gov -----Original Message----- From: Marcia Venegas-Garcia <marciav07@gmail.com> Sent: Wednesday, October 19, 2022 12:18 PM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Housing Element What consideration has been given to the growing number of seniors who may be more vulnerable to lung diseases caused by air pollution? Marcia Venegas-García, Senior Commissioner CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Megan Gonzalez To:Scott Donnell Cc:Priya Bhat-Patel Subject:Re: Planning for future housing in Carlsbad - notice Jan 28, 2022 Date:Saturday, October 22, 2022 11:47:16 AM Attachments:Site 10 - Bressi Ranch Colt Pl with letter.pdfSite 11 - Bressi Ranch Gateway Rd with letter.pdfExh 11 - Existing Affordable Housing and Potential HE Sites - Aerial11x17.pdfHE Table 10-34.pdf Hello Scott please note this as on record for today is October 22 of which your survey site hasbeen inactivated for input.Please add to them Public inquiry summary report.Many homeowners have concerns with the site 10 location.The impact of traffic on our private road and environmental impacts.Rezoning would be a huge negative impact on the current issues at hand.Put this on record as a no. Thank you for your comments. They will be included in the public input summary reportpresented to the City Council early next year. You can also provide additional input through tomorrow via our online survey, availableathttps://www.surveymonkey.com/r/housingsites and continue to provide mail and email comments through October 22. The lot should be developed as business/commercial in order to maintain consistency withpast development on the surrounding larger parcel. Access to the 49 residences would be through a cul-de-sac that is already busy with traffic. 49 residences would only make thingsworse. Megan González Home Owner Hi Megan, Attached and below are resources to follow up our conversation yesterday. Fact sheets for sites 10 and 11 (Site 11 is another potential housing site in Bressi Ranch. It is located east of El Fuerte St and along Gateway) – attached Link to online interactive map of all 18 potential housing sites (note there is no site 13): https://carlsbad.maps.arcgis.com/apps/webappviewer/index.html?id=4a5a710965bd4e6da387aa3183fd5ae2 • • Link to public input summary report on future housing in general and on each of the 18 sites): https://www.carlsbadca.gov/home/showpublisheddocument/9002/637795746394770000 Link to information on the overall housing plan update and efforts to identify housing sites: https://www.carlsbadca.gov/departments/community-development/planning/housing-plan-update Link to Information bulletin explaining state housing mandates: https://www.carlsbadca.gov/home/showpublisheddocument/4008/637702583633930000. Link to city’s affordable housing page: https://www.carlsbadca.gov/departments/community-development/housing. The bottom of the left column links to the 2021 housing income limits. The center column has “affordable rental housing” information and a map of all affordable rental housing in the city. Kensington is not identified herebecause it is an ownership, not rental, project. Map identifying existing, approved, and potential affordable housing (ownership and rental) throughout Carlsbad – attached. Housing Element table 10-34, recent affordable housing projects – attached (note table says Kensington has 17 affordable units; the correct number is 25). Let me know if any questions. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 | 760-602-8559 fax | scott.donnell@carlsbadca.gov • • • • • • 0 0 From: Megan Gonzalez <hoamegan@yahoo.com> Sent: Thursday, February 24, 2022 2:02 PMTo: Scott Donnell <Scott.Donnell@carlsbadca.gov>Cc: Megan Gonzalez <hoamegan@yahoo.com>; City Clerk <Clerk@carlsbadca.gov>Subject: Planning for future housing in Carlsbad - notice Jan 28, 2022 Scott, I left a voice message. I am the Vice President Board of Director for the Kensington at the Square Bressi Ranch community. The homeowners received a notice dated Jan 28, 2022 planning for future housing in Carlsbad. One of the areas designated lies between a commercial and residential land and is currently zoned as light manufacturing/industrial.Colt Place 92009 - between Palomar Airport Road and Gateway Road Map site #10. Can you please share any information regarding the future use for this site? Megan Gonzalez Kensington at the Square CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Sonck4@roadrunner.com To:Scott Donnell Subject:RE: Potential housing sites-Cottage Row/Site 8 Date:Thursday, September 22, 2022 1:32:14 PM Thank you for your response, Scott. I know your job is not an easy one!! My wife and I are 28 year residents of Carlsbad. It is such a great place to live, Mayors Lewis and Hall, along with current and past city councils, have done a tremendous job inmitigating over-development and ensuring our continued wonderful quality of life. I realize the nut jobs in Sacramento will only go on with their over-reach in making demands of localgovernment and the City's hands are somewhat tied as it relates to housing, and particular affordable housing. That said, it seems to my eyes that as outlined in some of the otherproposed sites, that hose that possess government and/or commercial property and are located further north and east within the city borders, would be best suited to meet the state'smandate. I look forward to keeping engaged of the progress. Regards, Don Sonck Mobile: 760.330.0525 ----------------------------------------- From: "Scott Donnell" To: "Sonck4@roadrunner.com" Cc: Sent: Thursday September 22 2022 11:40:47AM Subject: RE: Potential housing sites-Cottage Row/Site 8 Mr. Sonck, Thank you for providing input on Site 8 and taking the time to do so. It’s helpful to hear aboutpeople’s concerns. Your comments will be included in the draft environmental impact report prepared for the Housing Plan Update. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 442-339-2618 o | scott.donnell@carlsbadca.gov From: Sonck4@roadrunner.com <Sonck4@roadrunner.com>Sent: Friday, September 16, 2022 7:56 AMTo: Scott Donnell <Scott.Donnell@carlsbadca.gov>Subject: Potential housing sites-Cottage Row/Site 8 Good day Mr. Donnell. I have reviewed the city's housing plan and as a resident ofShorePointe must protest the suggestion of building 150 units on The Cottage Row site8 area! Our community will be slammed by traffic from these units, particularly Mariposa Drive,Aviara Parkway and PlumTree Lane! We are a a community of families with K-12 kids aswell as retirees!! With the city already having plans for development of the northwest andnortheast corners of Aviara Drive and Palomar Airport Road, The resulting traffic andaccompanying exhaust fumes, noise, and congestion will wreak havoc upon our communityand is a huge public safety concern! Aviara Parkway has become a drag strip over the pastseveral years with the construction and occupancy of the Laurel Tree Apartments located at Mariposa and Aviara Parkway! Our community has been saturated enough with new housingand associated traffic; NO MORE!!!! Go develop at some of the other 15 sites listed,particularly those that are currently commercial and government-owned properties!!! Stayaway from our area! Enough is enough!!! Respectfully, Don Sonck 6482 Torreyanna Circle Mobile: 760.330.0525 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:gober2c@aol.com To:Planning; Scott Donnell; Scott Chadwick; Council Internet Email Cc:c4fa.info@gmail.com Subject:Re: Give input on environmental study for future housing sites Date:Sunday, September 25, 2022 11:42:23 AM Dear Ladies and Gentlemen, Once again, the City of Carlsbad Planning Department is not properly noticing the public to provide reasonable time for meaningful public research, evaluation and communication of potential environmental impacts of planned projects and projects under consideration in the City of Carlsbad in accordance with the California Environmental Quality Act, and other rules and regulations. Please reevaluate and properly notice the public to provide reasonable time for meaningful public research, evaluation and communication of potential environmental impacts of the planned projects and projects under consideration by the City of Carlsbad, as detailed below, and as only very recently communicated to us below. Thank you very much. Sincerely, Giovanni and Anne Bertussi Carlsbad, Ca This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged,confidential or exempt from disclosure under applicable Federal or State law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by a separate return email, and delete and permanently destroy the original message and all copies thereof immediately. Thank you. From: planning@carlsbadca.govTo: gober2c@aol.comSent: 9/23/2022 4:47:08 PM Pacific Standard TimeSubject: Give input on environmental study for future housing sites Give input on environmental study for future housing sites The City of Carlsbad is seeking public input on what environmental impacts should be evaluated in a study on potential sites that could be rezoned to accommodate future housing. This is part of the city's plan to promote the creation of more affordable housing, called the Housing Element Update, which was approved by the state in 2021. The city worked with the community last year to choose the potentialsites, and the next step is to perform environmental studies.This analysis will help inform the final selection of sites. How to provide input • • • The first of two meetings where residents can share their input will take place on Monday. Residents can provide input three ways: In person meeting Sept. 26, 6 p.m. Faraday Administration Center 1635 Faraday Ave. Virtual meeting Sept. 28, 6 p.m. Register online Via mail or email through Oct. 14 to: Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Scott.Donnell@carlsbadca.gov Next steps After helping identify what environmental impacts should be evaluated, residents will have an opportunity to review and provide input on the draft report once it is developed. The supplemental environmental impact report will be presented to the City Council for consideration in 2023. Background The city is preparing a supplemental environmental impact report for its General Plan, approved in 2015. The report is required as part of the city’s Housing Element Update, a state-required plan approved in July 2021 for how Carlsbad will accommodate projected housing needs through 2029. As part of a Housing Element Update, the state also requires all cities analyzeand update portions of their Public Safety Element, a separate chapter of theGeneral Plan that focuses on citywide topics including climate resiliency, wildfire hazards and evacuation routes. Updates proposed will respond to requirements of new state legislation related to these topics. Zoning changes The city’s housing plan includes proposed changes to zoning that would allow more housing units on certain properties. This study will evaluate the environmental impacts of those changes, including how it might affect things like transportation, aesthetics and greenhouse gas emissions. Housing program implementation The housing plan also includes programs that require the city to make changes to housing standards, such as allowing additional types of housing and higher densities to meet state requirements. The environmental review will analyze the impacts of implementing some of these programs. Learn more Housing Plan Update General Plan Public Notice for Preparation of Supplemental Environmental Impact Report Scott Donnell, Senior Planner, scott.donnell@carlsbadca.gov Visit the Website ‌ ‌ ‌ ‌ City of Carlsbad | 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Unsubscribe gober2c@aol.com Update Profile | Constant Contact Data Notice Sent by planning@carlsbadca.gov CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. ·----• --• ------------ • From:Patrick Goyarts To:Scott Donnell Subject:RE: Reminder: Give input on environmental study for future housing sites Date:Friday, October 14, 2022 11:26:47 AM Attachments:6B4952047AB844F4A5A026B5A631B274.png C46E377DC2574EF8AE895FD5D9B33B0A.png image003.png image002.png Hello Scott, We’ve always talked about high density affordable housing at Sites 1 & 2 by public transportation – high rise condos, block towers. How many units are possible on this site to meet the projected +6,000 units by 2050? 2,000 units? Protect the coast, no more housing along the coast. South Ponto Park vs. development. What we always fail to include for the citizens is all the other already planned development in the area, region, right across the border,… We approved a resort not knowing there’s another resort already approved on the other side of Batiquitos lagoon (Alia Maria). How many homes, units are already approved off La Costa Ave by the freeway? 100’s? They will also need a South Ponto Park. Do not open the 60 acres along the coast. The reason it is so nice for everyone that lives here is because it is somewhat protected with limited parking. Do not allow more housing units along the coast – sites 18, 17… Is the city close to having approved ADU plans to choose from with approved affordable pre-built units? Is the city planning for 1,000’s of ADUs and what are the rules for short term ADU rentals? What % are actually affordable? The city does not need any more resorts, hotels based on the last $250K hotel occupancy survey 68%, and that was before Covid. Oceanside just added 15 new hotels, resorts? There are plenty for visitors to choose from. 0 0 0 0 0 0 0 ■ ■ Ill Ill Thanks, Patrick CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Megan Gonzalez To:Scott Donnell Cc:Council Internet Email; Keith Blackburn Subject:Reallocate future planning Site 10 & site 11 Bressi Ranch Date:Tuesday, October 25, 2022 10:12:54 PM Thank you for your response below, I would like this on record to reallocate site 10 and site 11for future planning in other areas of Carlsbad.Since early 2021 I have been in correspondence with your traffic division and planningdivision on solutions for traffic concerns and environmental issues that surround Kensington atthe Square.I have email correspondence with planning department, traffic division and Senior engineerswho have also taken meetings with me on site to discuss the issues at hand. Our Colt Place thoroughfare Private Road cuts our community in half - essentially a constantflow of vehicles and foot traffic. This road also connects our pool house and children’splayground of which young children cross to and from each amenity area. Our 125 homeowners have to maintenance this private road and the increased costs of repairwould burden this small community. Environmental concerns: emergency evacuations in a medium density with no main road routeexits. Our private resident only amenities areas that are not fenced for private access have alreadybeen abused as our HOA had to install signage to deter the onslaught of trespassers. Stillongoing issues with outsiders using our gas grills, picnic areas and play areas. All reported to the Carlsbad Police Non- emergency.Residential Break-in was reported to Carlsbad police. Numerous calls has been reported toNon-emergency over the past two years of this brand new community. Geographical setting High-to-very high expansión soils have been recorded 2014 and 2017. As noted in thestudy: Will not eliminate the potential for impacts due to highly expansive soils. Inherent risksassociated with placing expansive soils near finished grade. Many homeowners have concerns with the site 10 location and site 11 location.The impact of traffic on our private road and environmental impacts.Rezoning would be a huge negative impact on the current issues at hand.Put this on record as a no. Megan González (760) 809-0608Hoamegan@yahoo.com On Oct 24, 2022, at 10:41 AM, Scott Donnell <Scott.Donnell@carlsbadca.gov>wrote: Hi Megan, Now I see what you mean abut the link being inactivated. Yes, that was a link to a survey conducted last year, so it is not longer active. However, as you probably know, we are now taking input on the environmental impacts to study that are related to the proposed housing sites and other project aspects through this Wednesday, Oct. 26. Thank you. Scott Donnell Senior Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 www.carlsbadca.gov 760-602-4618 | 760-602-8560 fax | scott.donnell@carlsbadca.gov DURING THE CURRENT PUBLIC HEALTH EMERGENCY: FOR ONGOING PROJECTS, PLEASE CONTACT YOUR PROJECT PLANNER TO SCHEDULE A RESUBMITTAL DROP-OFF APPOINTMENT. FOR NEW PROJECT SUBMITTALS AND LANDSCAPE SUBMITTALS/RESUBMITTALS/ASBUILTS, PLEASE CALL OR EMAIL YOUR REQUEST FOR A SUBMITTAL DROP-OFF APPOINTMENT: Phone: 760-602-4610 Email: planning@carlsbadca.gov From: Megan Gonzalez <hoamegan@yahoo.com> Sent: Saturday, October 22, 2022 10:49 AM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Cc: Scott Chadwick <Scott.Chadwick@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat- Patel@carlsbadca.gov> Subject: Site 10 & site 11 Re: site 10; site 11 Hello Scott please note this as on record for today is October 22 of which your survey site has been inactivated for input (survey link below). Please add to this to the Public inquiry summary report on record as a no. Many homeowners have concerns with the site 10 location and site 11 location. The impact of traffic on our private road and environmental impacts. Rezoning would be a huge negative impact on the current issues at hand. Put this on record as a no. Megan Gonzalez Resident homeowner Kensington at the Square Thank you for your comments. They will be included in the public input summary report presented to the City Council early next year. You can also provide additional input through tomorrow via our online survey, available athttps://www.surveymonkey.com/r/housingsites and continue to provide mail and email comments through October 22. The lot should be developed as business/commercial in order to maintain consistency with past development on the surrounding larger parcel. Access to the 49 residences would be through a cul-de-sac that is already busy with traffic. 49 residences would only make things worse. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Steve Linke To:Scott Donnell Subject:Requested analyses for prospective housing sites Date:Wednesday, September 28, 2022 1:07:17 PM Conduct vehicle miles traveled (VMT) analyses using the standard VMT map or SANDAG model run method--not custom methods designed to show no impact. As an adjunct to the environmental analyses, conduct multimodal level of service (MMLOS) analyses (pedestrian, bicycle, vehicle, and transit, as applicable to the surrounding roadways) based on all vehicle trips projected to be generated--without subtracting fake trips that are not actually occurring. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Douglas Fullmer To:Scott Donnell Subject:Resident of Carlsbad comment Date:Monday, September 19, 2022 12:07:50 PM Hello Scott - Doug Fullmer here resending my comment. Sorry about that. I would like to know how we support new housing, but unfortunately we aren’t the only city building out because of state run ignorance . My first thought is water and power as our reservoirs have never seen these lows and our aquifers are depleted from over ground water pumping- some year round rivers have dried up w / no relief in site. We are already having rolling black outs- I don’t get it. By over building would be the largest nail in the coffin . Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Madeleine Szabo To:Scott Donnell; Council Internet Email Subject:Revising the Housing Element Date:Thursday, October 13, 2022 12:55:28 PM Dear City Council, Why does Carlsbad need more housing? Instead concentrate on reducing the costs of current housing so people aren't forced into the only affordable option, smaller multi-family dwelling units without privacy and property. Lobby the state to get rid of dictatorial mandates that crowd our city with more people and destroy the environment. Environmental impacts? Bringing in more residents means greater use of electricity, water, roads, schools, city services. Dense housing impacts everyone's environment. It means destruction of more trees and natural habitats. It means thefurther depletion of scarce resources. More residents packed in multi-family buildings result in pollution and more garbage overfilling our landfills. During the September heat wave, there was hardly enough electricity toaccommodate current residents. Even the governor asked that Californians not charge their electric cars. How can the City take on more residents? Why should current residents suffer the effects of more crowded conditions? The only "housing crisis" California has is overly expensive dwellings (versus other states). Rather than build more dwelling units, make current housing more affordable by cutting taxes, reducing fees, and minimizing unnecessary regulations that drive up costs. Carlsbad does not need more cars. Even if the City built more lanes and more roads, the impact on the air quality of more cars is detrimental to the environment and public health. Stop the nonsense. Push back against the State's undemocratic and unfair mandates. The State is promoting dense multi-family dwellings which impact the environment and quality of life. City governments only should respond to the needsand wants of the residents, not the State government which is further away from the people. Respectfully submitted, Madeleine Szabo 5338 Forecastle Court Carlsbad, CA. 92008mbszabo@snet.net 760-814-2550 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Oct. 1 7, 2022 City of Carlsbad Planning Dept. Attn: Scott Donnell 1635 Faraday Ave. Carlsbad, CA 92008 Dear Mr. Donnell, I would like to share my input with you regarding Site #3 which is being considered as a future higher density housing site in our neighborhood. I am opposed to this idea for safety issues. Building so many units at the corner of Chestnut Avenue and El Camino Real is a safety hazard for several reasons. With all the children walking across this busy intersection for school or to go to the pool, it is already congested, and now with the influx of e-bikes being ridden by children alongside automobiles, it is a recipe for future disasters. The driveways that would be needed for this project would have to be along the west side of El Camino Real, somewhere beyond the bus stop, so the flow of traffic in the right lane would be interrupted by busses, bikes, pedestrians, and cars exiting and entering the project at any given time. This is a dangerous plan when cars are driving at 55 MPH. In addition, this area consists of exclusively single family homes, with only one condo project on the northwest corner. Residents of these homes/ condos driye cars, and in the event of the need for evacuation, we would not be able to escape quickly enough from this area with the two main streets stopped with traffic. Adding more cars to this already dangerous intersection is not the wisest decision for our residents. My suggestion is to plan for these proposed units to be built near already existing transportation hubs such as Poinsettia Station, Carlsbad Village Drive Station, or along Palomar Airport Road. Thank you fo /wnside ·n m ·nput in your decisions. Sincerely, _/ Luigi Persico SAN DIEGO COUNTY CLERK CEQA FILING COVER SHEET FILED Sep 13, 2022 11 27 AM Ernest J. Dronenburg Jr SAN DIEGO COUNTY CLERK File # 2022-000734 THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk TYPE OR PRINT CLEARLY Project Title HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) Check Document being Filed: Q Environmental Impact Report (EIR) Q Mitigated Negative Declaration (MND) or Negative Declaration (ND) Q Notice of Exemption (NOE) {!) Other (Please fill in type): NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT FILED IN THE OFFICE OF THE SAN DIEGO COUNTY CLERK ON September 13, 2022 Posted September 13, 2022 Removed ] .-::::i -13 ·-7, o 1. 1..- Returned to agency on ).c -lJ-Z.o '2. ?..-- DEPUTY£?~ Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753.5. NOTICE OF PREPARATION of a C Cityof Carlsbad SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT Pursuant to Section 15163(c) of the California Environmental Quality Act (CEQA) Guidelines, a supplement to an Environmental Impact Report (EIR) shall be given the same kind of notice and public review as is given a draft EIR under Section 15087. As stated in the CEQA Guidelines Section 15087, when an EIR is required for a project, a Notice of Preparation (NOP) describing the project and its potential environmental effects shall be prepared. You are being notified of the City of Carlsbad's (city) intent, as Lead Agency, to prepare a Supplemental EIR (SEIR) for the Housing Element Implementation and Public Safety Element Update project as described below, which may oe of interest to you and/or the organization or agency that you represent. The SEIR will be a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse# 2011011004), certified in 2015. This project is city- initiated. PROJECT NAME: Housing Element Implementation and Public Sa_fety Element Update -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) PROJECT LOCATI ON: Carlsbad is a coastal community with approximately 115,000 residents. The city is approximately 42 square miles in area and is located along the northern coast of San Diego County (about 30 miles north of the City of San Diego). Carlsbad is bordered to the north of the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vist a and San Marcos, and to the west by the Pacific Ocean. The city contains a combination of industrial, commercial, and residential development, including a la rge regional shopping center, an auto-retail center, a large industrial park area, the LEGOLAND California Educational/Recreational Park, and a regional airport, as well as three lagoons, limited agricultural areas and large tracts of preserved open space . Interstate 5, El Camino Real, and Carlsbad Boulevard provide the major north-south routes through the city, as does the San Diego Northern Railroad (SDNRR) line. Major east-west routes include Carlsbad Village Drive, Tamarack Avenue, Cannon Road, Palomar Airport Road, Poinsettia Lane, and La Costa Avenue. The regional setting is depicted in Figure 1. The Planning Area consists of the existing city limits and is depicted in Figure 2. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 2 Figure 1 Regional Location f~!j~~·:i?. ,_ ~GJ:1t;'>;J.e;r, 0 N [I I] Carlsbad Citylimits J\ • s.t11•q.ir-~,c' i .. ,:-_d_.,-{ ·~mt\f~ :::,i..-~~ t,.,>sAngel~· :•~t~~-.. .--,.,,:;,.~~~- S;..,dATR • ?Ncm'l.)~'I. • ?-#ni - ,,i.:,j,,.:t ~- ~~ 1~:..rA't:il',;~ , "<n,_: •• "'.ir.l)Q- .,_ ·• .:·;·i:;. ~:.{.i? ,·._· Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 3 Figure 2 Carlsbad City Boundaries a 0.7 M'b- 1.li N A Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 4 PROJECT DESCRIPTION: The project consists of updates to the General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city's Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in state law. General Plan Updates Housing Element implementation triggers changes to the Land Use and Community Design Element. Furthermore, Housing Element approval and recently approved state housing and public safety legislation resulted in the need for changes to the Public Safety Element and the . Zoning Ordinance. The Housing Element was analyzed under its own respective CEQA document, which was posted on the State Clearinghouse (SCH) website on April 22, 2021 (SCH#2011011004). Thus, this SEIR will solely analyze the potential impacts in relation to updates the city will propose to the General Plan, including the land Use & Community Design Element and Public Safety Element, and to the city's Zoning Ordinance, discussed below. Land Use & Community Design Element The Land Use & Community Design Element provides the long-term vision, goals, and policies for Carlsbad through the year 2035. The overall focus is to accommodate change and growth in the city, while preserving and enhancing the features and attributes that make Carlsbad such a desirable place to live. Topics covered in fhe element include land use designations, revitalization of older neighborhoods, preservation of existing neighborhoods as well as environmental resources and open space, development of new neighborhoods with varied housing opportunities, land use constraints, and new opportunity areas. The element also includes goals and policies fo help implement the element's vision and help maintain a healthy balance of development within Carlsbad. As stated previously, implementation of the city's Housing Element triggers the need to make changes to the Land Use & Community Design Element, including the Land Use Map. These changes include the proposed addition of two new residential land use designations (R-35 and R- 40) for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city's share of the Regional Housing Needs Assessment (RHNA). The proposed changes to land use designations on multiple sites have been presented and discussed with the community on many occasions, including as part of the Housing Element adoption in April 2021, a City Council meeting in August 2021, public outreach conducted in fall 2021, and a City Council meeting on Feb. 15, 2022. At the February 2022 meeting, the City Council provided direction on specific sites to analyze environmentally as part of this SEIR and present for possible land use changes through the public hearing process, expected to occur in 2023. Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 5 More information on the potential housing sites identified, including a map, is available at carlsbadca.gov/housingplan . • Public Safety Element The Public Safety Element is a required component of a City's General Plan that serves to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation associated with potential hazards. The recent approval of the Housing Element, including the identification of new housing sites for the 6th cycle Housing Element site inventory, have triggered required analysis and compliance with recent state safety legislation. The Public Safety Element Update will address the requirements of new State legislation and incorporate new policies based on updated local and regionafaata. The update will address these legislative requirements, including but not limited to: • Senate Bill 99; Identification of two access points in all emergency evacuation routes in • Carlsbad • Senate Bill 379; Inclusion of a climate change vulnerability assessment • Senate Bill 1035; Consideration of climate adaptation and resiliency • Senate Bill 1241; Assessment of high fire hazard severity zones • Assembly Bill 162; Assessment of flood hazard and management • Assembly Bill 747; Evaluation of evacuation route capacity Zoning Ordinance Update Carlsbad Municipal Code (CMC) Title 21 is known as the Zoning Ordinance of the City of Carlsbad and consists of two main elements, the Zoning Ordinance and Zoning Map. To prevent incompatible land use relationships, the city's Zoning Ordinance and Zoning Map designate different areas or zones for different types of land uses and establish standards for development'. As a result of new policies and programs set forth in the Housing Element, along with recent state zoning legislation, updates to Title 21 will be made to ensure compliance with the General Plan and state law. The Zoning Ordinance and Map implement the city's Local Coastal Program. Revisions to both will also trigger amendments to the Local Coastal Program that will be subsequently sent to the California Coastal Commission. ENVIRONMENTAL ANALYSIS: Apprnval of the Housing Element Implementation and Public Safety Element Update project would not include approval of any physical development (e.g., construction of housing or infrastructure}. However, the SEIR will assume that such actions are reasonably foreseeable future outcomes of the project. As such, the ,SEIR will evaluate the potential physical environmental impacts that could result from future attions for implementing the policies proposed under the project at a programmatic level, in accordance with CEQA Guidelines Section 15168. The topical areas that will be addressed in the SEIR are: ■ Aesthetics ■ Land Use ■ Air Quality ■ Noise ■ Biological Resources ■ Population & Housing ■ Cultural Resources ■ Public Services ■ Energy ■ Recreation • ■ Greenhouse Gas Emissions ■ Transportation ■ Geology, Soils, and Seismicity ■ Tribal Cultural Resources ■ Hazards & Hazardous Materials ■ Utilities/Service Systems ■ Hydrology, Flooding, and Water Quality ■ Wildfire . In addition, the SEIR will address cumulative impacts, growth inducing impacts, alternatives, and other issues required by CEQA. PUBLIC COMMENT PERIOD: Written Comments The public review period begins Sept. 14, 2022 and ends October 14, 2022. The City of Carlsbad welcomes and will consider all written cor:nments regarding potential environmental impacts of the project and issues to be addressed in the SEIR . Written comments must be submitted by Oct. 14, 2022. Please direct your comments to: • Mail: Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Email: Scott.Donnell@carlsbadca.gov Please identify the narne, phone number, and email address of a contact person at your agency. For members of the public, please also include your name and contact information, such as a phone number, email or postal address. Scoping Meetings The City of Carlsbad will host one in person SEIR Scoping Meeting and one SEIR Virtual Scoping Meeting. The purpose of the scoping meetings is to solicit input on the scope and content of the environmental analysis that will be included in the Draft SEIR for the Housing Element Implementation and Public Safety Element Update project. The date, time and link for the meeting are as follows: Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 7 In person meeting: Sept. 26, 2022, 6 p.m. Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA 92008 Virtual meeting: Sept. 28, 2022, 6 p.m. Register online at carlsbadca.gov/housingplan MORE INFORMATION: Call 442-339-2600 or visit carlsbadca.gov/housingplan ,f '-' I " San Diego County 11111111111111111 IIIII IIIII IIIII IIIII IIII IIII Transaction#: 6685551 Receipt#: 2022409515 Ernest J. Dronenburg, Jr. Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 09/13/2022 Print Date: 09/13/2022 11 :28 am P. 0. Box 121750, San Diego, CA92112-1750 Cashier Location: SD Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.com Payment Summary ,. Total Fees: $0.00 Total Payments: $0 .00 Balance: $0 .00 Payment NO CHARGE PAYMENT $0.00 Total Payments $0.00 Filing CEQA -NOTICE FILE#: 2022-000734 Date: 09/13/2022 11 :27 AM Pages:8 Total Fees Due: $0.00 Grand Total -All Documents: $0.00 Page 1 of 1 SAN DIEGO COUNTY CLERK CEQA FILING COVER SHEET FILED Sep 13, 2022 03:36 PM Ernest J. Dronenburg , Jr. SAN DIEGO COUNTY CLERK File# 2022-000737 THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk TYPE OR PRINT CLEARLY Project Titlf~ HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) Check Document being Filed: Q ·Environmental Impact Report (EIR) Q Mitigated Negative Declaration (MND) or Negative Declaration (ND) Q Notice of Exemption (NOE) (!} Other (Please fill in type): NOTICE OF PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FILED IN THE OFFICE OF THE SAN DIEGO COUNTY CLERK ON September 13, 2022 Posted September 13, 2022 Removed \ o .. 11-2,o 'l, 1., Returned to a~gee_nnccr,,o onn \o-l lf-., -Z..o1.. L-- DEPUTY V~ -~'----'------------ Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753.5. NOTICE OF PREPARATION of a • {'Cityof Carlsbad SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT Pursuant to Section 15163(c) of the California Environmental Quality Act (CEQA) Guidelines, a supplement to an Environmental Impact Report (EIR) shall be given the same kind of notice and public review as is given a draft EIR under Section 15087. As stated in the CEQA Guidelines Section 15087, when an EIR is required for a project, a Notice of Preparation (NOP) describing the project and its potential environmental effects shall be prepared. You are being notified of the City of Carlsbad's (city) intent, as Lead Agency, to prepare a Supplemental E!R (SEIR) for the Housing Element Implementation and Public Safety Element Update project as described below, which may be of interest to you and/or the organization or agency that you represent. The SEIR will be a supplement to the Carlsbad General Plan and Climate Action Plan EIR (State Clearinghouse# 2011011004), certified in 2015. This project is city- initiated. PROJECT NAME: Housing Element Implementation and Public Safety Element Update -GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-001/EIR 2022-0007 (PUB2022-0010) PROJECT LOCATION: Carlsbad is a coastal community with approximately 115,000 residents. The city is approximately 42 square miles in area and is located along the northern coast of San Diego County (about 30 miles north of the City of San Diego). Carlsbad is bordered to the north of the City of Oceanside, to the south by the City of Encinitas, to the east by the cities of Vista and San Marcos, and to the west by the Pacific Ocean. The city contains a combination of industrial, commercial, and residential development, including a large regional shopping center, an auto-retail center, a large industrial park area, the LEGOLAND California Educational/Recreational Park, and a regional airport, as well as three lagoons, limited agricultural areas and large tracts of preserved open space. Interstate 5, El Camino Real, and Carlsbad Boulevard provide the major north-south routes through the city, as does the San Diego Northern Railroad (SDNRR) line. Major east-west routes include Carlsbad Village Drive, Tamarack Avenue, Cannon Road, Palomar Airport Road, Poinsettia Lane, and La Costa Avenue. The regional setting is depicted in Figure 1. The Planni'ng Area consists of the existing city limits and is depicted in Figure 2. Community Development Department Planning Division I 1635 Faraday Avenue Ca rlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 2 Figure 1 Regional Location ,~~~::i;~~! .. ·.=·. Pst.sc··tt,-.:;;:; :tamp_P~d~l°.n S~1:'.1.h ,, I ; :.r·~ ~ --~~~=·:ra~ .. , ·., 0 2,5 5 Mifes N jl I! Carlsbad City limits )\ }, {, '. <1 {; •• • ,-,,!~' ,_ •. ·: . •, r '';;;~,F~J~~ // ~·· ;·:;.:':,~',,)~,..~~··Fo.c:jo·. ----~:fr_:\:.~.~-~I_:~:::.~-:~;:· f~-:·:/ -.~ .... j-r-i-~"' '\. ,· \: ,• ··;--• ,:-"---?:1 ~i &.. _;,..,- 1"· J.1 ·~\ ;,,.Ir :-··· ...... -i: .·, r,:-: ....... ~-: .Bl1r J: ·-~--.-----. ... ..... _:_~ . .,.~:-• ••• i • ~! [·. ·.; ,,::,·_ '.·_-'~.,...:-: t •• ': "' ·., .. -~, , .. .,r: ~',}F} ,,/ ' -::7" # .. . J,. ,:;}_.' ~~a11.~'li'1r --I . /-, _.:,t, j :1 • • • • • • ~(J/4 ~ -i~)i;!~b~ !.Uti''~~-;,n.;_.~ ~.S: f,yr.r· t;ii_.i._;;g~~ .. 7 ;Oi,c~ ·'.~-ml>& 'Ar,,Mm ~ •• S;.i.'l'l~AN ~~- ,i.-.,i;,il:,~..:" • C,Ur,,di~ , .. :l'A:.:i1";._?• -_:.<:'n,,: __ i,;llo· Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 3 Figure 2 Carlsbad City Boundaries {I UcarlsbaciCity limits aL-_---Jo.L...1 __ ..... L~. AN J,fle,;. Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 4 PROJECT DESCRIPTION: The project consists of updates to the General Plan, including the Land Use and Community Design Element and Public Safety Element, and updates to Carlsbad Municipal Code Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city's Housing Element Update 2021-2029 (Housing Element), which was adopted by the Carlsbad City Council on April 6, 2021, and changes in· state law. General Plan Updates Housing Element implementation triggers changes to the Land Use and Community Design Element. Furthermore, Housing Element approval and recently approved state housing and public safety legislation resulted in the need for changes to the Public Safety Element and the . Zoning Ordinance. The Housing Element was analyzed under its own respective CEQA document, which was posted on the State Clearinghouse (SCH) website on April 22, 2021 (SCH#2011011004). Thus, this SEIR will solely analyze the potential impacts in relation to updates the city will propose to the General Plan, including the Land Use & Community Design Element and Public Safety Element, and to the city's Zoning Ordinance, discussed below. Land Use & Community Design Element The Land Use & Community Design Element provides the long-term vision, goals, and policies for Carlsbad through the year 2035. The overall focus is to accommodate change and growth in the city, while preserving and enhancing the features and attributes that make Carlsbad such a desirable place to live. Topics covered in the element include land use designations, revitalization of older neighborhoods, preservation of existing neighborhoods as well as environmental resources and open space, development of new neighborhoods with varied housing opportunities, land use constraints, and new opportunity areas. The element also includes goals and policies fo help implement the element's vision and help maintain a healthy balance of development within Carlsbad. As stated previously, implementation of the city's Housing El_ement triggers the need to make changes to the Land Use & Community Design Element, including the Land Use Map. These changes include the proposed addition of two new residential land use designations (R-35 and R- 40) for the accommodation of higher density residential development, establishment of new minimum densities for some residential designations, miscellaneous, related changes to tables, text and policies, and changes to land use designations on multiple sites to accommodate the city's share of the Regional Housing Needs Assessment (RHNA). The proposed changes to land use designations on multiple sites have been presented and discussed with the community on many occasions, including as part of the Housing Element adoption in April 2021, a City Council meeting in August 2021, public outreach conducted in fall 2021, and a City Council meeting on Feb. 15, 2022. At the February 2022 meeting, the City Council provided direction on specific sites to analyze environmentally as part of this SEIR and present for possible land use changes through the public hearing process, expected to occur in 2023. ' ) Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 5 More information on the potential housing sites identified, including a map, is available at carlsbadca.gov/housingplan. • Public Safety Element . The Public Safety Element is a required component of a City's General Plan that serves to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation associated with potential hazards . The recent approval of the Housing Element, including the identification of new housing sites for the 6th c;:ycle Housing Element site inventory, have triggered required analysis and compliance with recent state safety legislation . The Public Safety Element Update will address the requirements of new State legislation and incorporate new policies based on updated local and regional data. The update will address these legislative requirements, including but not limited to: • Senate Bill 99; Identification of two access points in all emergency evacuation routes in · Carlsbad • Senate Bill 379; Inclusion of a climate change vulnerability assessment • Senate Bill 1035; Consideration of climate adaptation and resiliency • Senate Bill 1241; Assessment of high fire hazard severity zones • Assembly Bill 162; Assessment of flood hazard and management • Assembly Bill 747; Evaluation of evacuation route capacity Zoning Ordinance Update Carlsbad Municipal Code (CMC) Title 21 is known as the Zoning Ordinance of the City of Carlsbad and consists of two main elements, the Zoning Ordinance and Zoning Map. To prevent incompatible land use relationships, the city's Zoning Ordinance and Zoning Map designate different areas or zones for different types of land uses and establish standards for development As a result of new policies and programs set forth in the Housing Element, along with recent state zoning legislation, updates to Title 21 will be made to ensure compliance with the General Plan and state law. The Zoning Ordinance and Map implement the city's Local Coastal Program. Revisions to both will also trigger amendments to the Local Coastal Program that will be subsequently sent to the California Coastal Commission. ENVIRONMENTAL ANALYSIS: Approval of the Housing Element Implementation and Public Safety Element Update project would not include approval of any physical development (e.g., construction of housing or infrastructure). However, the SEIR will assume that such actions are reasonably foreseeable future outcomes of the project. As such, the ,SEIR will evaluate the potential physical environmental impacts that could result from future ac'tions for implementing the policies proposed under the project at a programmatic level, in accordance with CEQA Guidelines Section 15168. The topical areas that will be addressed in the SEIR are: • Aesthetics • Air Quality ■ Biological Resources • Cultural Resources ■ Energy ■ Greenhouse Gas Emissions ■ Geology, Soils, and Seismicity ■ Hazards & Hazardous Materials ■ Hydrology, Flooding, and Water Quality • Land Use • Noise • Population & Housing ■ Public Services ■ Recreation • ■ Transportation ■ Tribal Cultural Resources ■ Utilities/Service Systems ■ Wildfire . In addition, the SEIR will address cumulative impacts, growth inducing impacts, alternatives, and other issues required by CEQA. PUBLIC COMMENT PERIOD: Written Comments The public review period begins Sept. 14, 2022 and ends October 14, 2022. The City of Carlsbad welcomes and will consider all written comments regarding potential environmental impacts of the project and issues to be addressed in the SEIR. Written comments must be submitted by Oct. 14, 2022. Please direct your comments to: • Mail: Scott Donnell, Senior Planne.r City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Email: Scott.Donnell@carlsbadca.gov Please identify the name, phone number, and email address of a contact person at your agency. For members of the public, please also include your name and contact information, such as a phone number, email or postal address. Scoping Meetings The City of Carlsbad will host one in person SEIR Scoping Meeting and one SEIR Virtual Scoping Meeting. The purpose of the scoping meetings is to solicit input on the scope and content of the environmental analysis that will b.e included in the Draft SEIR for the Housing Element Implementation and Public Safety Element Update project. The date, time and link for the meeting are as follows: Housing Element Implementation and Public Safety Element Update SEIR Notice of Preparation Page 7 In person meeting: Sept. 26, 2022, 6 p.m. Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA 92008 Virtual meeting: Sept. 28, 2022, 6 p.m. Register online at carlsbadca.gov/housingplan MORE INFORMATION: Call 442-339-2600 or visit carlsbadca.gov/housingplan \ . ~ 11111111111111111 IIIII IIIII IIIII IIIII IIII IIII San Diego County Transaction#: 6743881 Receipt#: 2022425876 Ernest J. Dronenburg, Jr. Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 09/23/2022 Print Date: 09/23/2022 2:35 pm P. 0 . Box 121750, San Diego, CA92112-1750 Cashier Location: SD Tel. (619) 237-0502 Fax (619) 557-4155 www.sdarcc.com Pa~ment Summa!}' Total Fees: $0 .00 Total Payments: $0.00 Balance: $0 .00 Payment NO CHARGE PAYMENT $0.00 Total Payments $0.00 Filing CEQA -NOTICE FILE#: 2022-000768 Date: 09/23/2022 2:31 PM Pages:8 Total Fees Due: $0.00 Grand Total -All Documents: $0.00 Page 1 of 1 Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92018 Dear Mr. Donnell, Oct. 10, 2022 Thank you for the opportunity to comment on the future housing sites. My comments below are for Site# 3 at the corner of El Camino Real and Chestnut Avenue. I object to the proposed development at Site #3 for the reasons stated below, followed by alternative suggestions: 1) SAFETY-The additional traffic generated by the up-zoning and higher density as proposed creates a traffic safety hazard in an already congested and highly traveled intersection. This portion of El Camino Real currently serves as an alternative to Interstate 5 for drivers coming from the east on Highway 78. Vehicles are driving at 55 MPH or greater heading south to Tamarack Ave or Cannon Rd as an alternative to getting delayed in traffic at the 1-5 and Highway 78 interchange. Traveling at that rate of speed, approaching and crossing the intersection of Chestnut, and then having to stop short after a slight downhill while approaching a possible stopped bus or for the numerous cars and e-bikes that could be exiting the proposed ~ project on to El Camino Real is not safe. Not only is it dangerous, but it would inhibit the flow of traffic on this main thoroughfare. 2) ENVIRONMENT-The beautiful old growth grove of healthy, majestic eucalyptus trees are part of the character of Carlsbad. They took a lifetime to grow, beautify our neighborhood, and have become the home of owls, hawks, and other wildlife that all have a place and purpose in our natural environment. Without these predators, our rodent and pest population increases. Without these trees that clean our air and cool the temperature, our air quality and general quality of life suffers. Is it really worth losing this entire irreplaceable grove and its important role in preserving our neighborhood's character and quality of life for the sole benefit of adding more housing in an already densely packed area which is already built out? .. I ask each of the decision makers to look at City Council Resolution No. 7642, Exhibit "A", titled "El Camino Real Corridor Development Standards". According to this document, the intent and purpose is to "maintain and enhance the appearance of the El Camino Real roadway area" and "reflect the existence of certain identified characteristics which the City considers worthy of preservation" as well as "a general design concept for the entire length of the 126 foot wide El Camino Real right of way" including "restrictions for private properties fronting on the roadway." Is this docume'nt no longer valid? My suggestion for an alternative site to place the displaced units would be to slightly increase the density at each of the other proposed sites to accommodate the approximately 28 units planned. As another alternative, the recently passed Assembly Bill 2011 allows for affordable housing to be built on commercially zoned land and along commercial corridors. Perhaps Site #'s 9, 10, 11, or 12 would be appropriate as those sites are located along the commercial corridor of Palomar Airport Rd. with easy access to to 1-5, bus routes, and the airport. Since any development at Site# 3 would add a strong element of danger to drivers, e-bike riders, and pedestrians, as well as being detrimental to the environment, I suggest that the City consider using Proposition C funds to purchase the property as open space so that the existing neighborhoods can continue to enjoy the benefits of this natural habitat as the City maintains its commitment to "preserving unique city resources". Thank you for the opportunity to be able to share my comments on Site #3. Regards, J; _,u>Jl---V L. )'-..,; Diane Lech PO Box489 Carlsbad, CA 92018 619-322-8080 CHAIRPERSON Laura Miranda Luiseno VICE CHAIRPERSON Reginald Pagaling Chumash PARLIAMENTARIAN Russell Attebery • Karuk SECRETARY Sara Dutschke Miwok COMMISSIONER William Mungary Paiute/White Mountain Apache COMMISSIONER Isaac Bojorquez Ohfone-Costanoan COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomfaki COMMISSIONER Wayne Nelson Luiseno COMMISSIONER- Stanley Rodriguez Kumeyaay EXECUTIVE SECRETARY Raymond C, Hitchcock Miwok/Nisenan NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.gov NAHC.ca.gov STATE OF CALIFORNIA Gavia Newsom Governor NATIVE AMERICAN HERITAGE COMMISSION September 27, 2022 Scott Donnell City of Carlsbad, Planning Division 1635 Faraday A venue Carlsbad, CA 92008 Re: 2022090339, Housing Element Implementation and Public Safety Element Update Project, San Diego County • Dear Mr. Donnell: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084.1, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code§ 21084.1; Cal. Code Regs., tit.14, § 15064.5 (b) (CEQA Guidelines§ 15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)( 1) (CEQA Guidelines§ 15064 (a) ( 1 )). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (A PE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, "tribal cultural resources" (Pub. Resources Code §2107 4) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 ( 154 U.S.C. 300101, 36 C.F.R. §800 et seq.) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC's recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. Page 1 of 5 AB 52 AB 52 has added to CEQA the additional requirements listed below, along wit~ many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen ( 14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub .. Resources Code §21080.3.1 (d)). d. A "California Native American tribe" is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe's Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. ( d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1 (b)). a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project's impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in . writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 ( c) ( 1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency's environmental documenf shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant fo Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 2 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally . appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremoniOI place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 ( c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying an Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code §21080.3. l and §21080.3.2 and concluded pursuant to Public Resources Code §21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3. l (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC's PowerPoint presentation titled, "Tribal Consultation Under AB 52: Requirements and Best Practices" may be found online at: http://nahc.ca.gov/wp-content/uploads/2015/l 0/AB52TribaIConsultation CalEPAPDF.pdf Page 3 of 5 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor's Office of Planning and Research's "Tribal Consultation Guidelines," which can be found online at: • https://www.opr.ca.gov/docs/09 14 05 Updated Guidelines 922.pdf. Some of SB 18' s provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan ora specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a "Tribal Consultation List." If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city's or county's jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor's Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and "Sacred Lands File" searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-r(;)lated impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (https://ohp.parks .ca.gov/?page_id=30331) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously sLJrveyed for cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 4 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project's APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, § l 5064.5(f) (CEQA Guidelines§ l 5064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions . for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code §7050.5, Public Resources Code §5097.98, and Cal. Code Regs., tit. 14, § 15064.5, subdivisions {d) and (e) (CEQA Guidelines §15064.5, subds. {d) and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. If you have any questions or need additional information, please contact me at my email address: Pricilla. T orres-Fuentes@nah c .ca.gov. Sincerely, Prlcilla Torres-Fuentes Cultural Resources Analyst cc: State Clearinghouse Page 5 of 5 CHAIRPERSON Laura Mirandc;i Luisefio V ICE CHAIRPERSON Reginald Pagaling Chumash SECRETARY Sara Dutschke Miwok COMMISSIONER Isaac Bojorquez Ohlone-Costonoon COMMISSIONER Buffy McQuillen Yokayo Pomo, Yuki, Nomloki COMMISSIONER Wayne Nelson Luisefio COMMISSIONER Stanley Rodriguez Kumeyooy COMMISSIONER [Vacant) COMMISSIONER [Vacant] EXECUTIVE SECRETARY Raymond C, Hitchcock Miwok/Nisenon NAHC HEADQUARTERS 1550 Harbor Boulevard Suite 100 West Sacramento, California 95691 (916) 373-3710 nahc@nahc.ca.qov NAHC.ca.gov STATE OF CALIFORNIA Gavin Newsom Governor NATIVE AMERICAN HERITAGE COMMISSION C'lty of Carlsbad October 14, 2022 Scott Donnell City of Carlsbad, Planning Division 1635 Faraday A venue Carlsbad, CA 92008 OCT 1 7 2022 Planning Division Re: 2022090339, Housing Element Implementation and Public Safety Element Update Project, San Diego County Dear Mr. Donnell: The Native American Heritage Commission (NAHC) has received the Notice of Preparation (NOP), Draft Environmental Impact Report (DEIR) or Early Consultation for the project • referenced above. The California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code §21084. l, states that a project that may cause a substantial adverse change in the significance of a historical resource, is a project that may have a significant effect on the environment. (Pub. Resources Code§ 21084. l; Cal. Code Regs., tit.14, § 15064.5 (b) (CEQA Guidelines§ 15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) shall be prepared. (Pub. Resources Code §21080 (d); Cal. Code Regs., tit. 14, § 5064 subd.(a)(l) (CEQA Guidelines§ 15064 (a) ( l )). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources within the area of potential effect (APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a separate category of cultural resources, "tribal cultural resources" (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. (Pub. Resources Code §21084.2). Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code §21084.3 (a)). AB 52 applies to any project for which a notice of preparation, a notice of negative declaration, or a mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designation or proposed designation of open space, on or after March l, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal consultation requirements of Section l 06 of the National Historic Preservation Act of 1966 ( 154 U.S.C. 300101, 36 C.F.R. §800 et seq .) may also apply. The NAHC recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of portions of AB 52 and SB 18 as well as the NAHC's recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. Pagel of 5 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Day Period to Provide Notice of Completion of an Application/Decision to Undertake a Project: Within fourteen ( 14) days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code § 21080.3. 1 ( d)). d. A "California Native American tribe" is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Begin Consultation Within 30 Days of Receiving a Tribe's Request for Consultation and Before Releasing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1 , subds. (d) and (e)) and prior to the release of a negative declaration, mitigated negative declaration or Environmental Impact Report. (Pub. Resources Code §21080.3.1 (b)). a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code §65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory Topics of Consultation If Requested by a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code §21080.3.2 (a)). 4. Discretionary Topics of Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project's impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentiality of Information Submitted by a Tribe During the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code §6254 (r) and §6254.10. Any information submitted by a California Native American tribe during the consulta.tion or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (cl( 1)). 6. Discussion of Impacts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency's environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code §21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code §21082.3 (b)). Page 2 of 5 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommending Mitigation Measures Agreed Upon in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code §21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code §21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code §21082.3 (a)). 9. Required Consideration of Feasible Mitigation: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code §21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Examples of Mitigation Measures That, If Feasible, May Be Considered to Avoid or Minimize Significant Adverse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). • e. Please note that a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code §815.3 ( c)). f. Please note that it is the policy of the state that Native American remains and associated grave • artifacts shall be repatriated. (Pub. Resources Code §5097.991). 11. Prerequisites for Certifying ari Environmental Impact Report or Adopting a Mitigated Negative Declaration or Negative Declaration with a Significant Impact on an Identified Tribal Cultural Resource: An Environmental Impact Report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code § 21080.3.1 and §21080.3.2 and concluded pursuant to Public Resources Code § 21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code §21080.3.1 (d) and the tribe failed to request consultation within 30 days. (Pub. Resources Code §21082.3 (d)). The NAHC's PowerPoint presentation titled, "Tribal Consultation Under AB 52: Requirements and Best Practices" may be found on line at: http://nahc.ca.gov/wp-content /uploads/2015/10/AB52TribaIConsultation CalEPAPDF.pdf Page 3 of 5 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code §65352.3). Local governments should consult the Governor's Office of Planning and Research's "Tribal Consultation Guidelines," which can be found online at: https://www.opr.ca.gov/docs/09 14 05 Updated Guidelines 922.pdf. Some of SB 18's provisions include: 1. Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a "Tribal Consultation List." If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code §65352.3 (a)(2)). 2. No Statutory Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Confidentiality: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code §65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code §5097.9 and §5097.993 that are within the city's or county's jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor's Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and "Sacred Lands File" searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/. NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (https://ohp.parks.ca.gov /?page_id=3033 l) for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed fo'r cultural resources. b. If any known cultural resources have already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultl,Jral resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. Page 4 of 5 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the project's APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources {including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, § 15064.5(f) (CEQA Guidelines§ 15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities .. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code § 7050.5, Public. Resources Code § 5097. 98, and Cal. Code Regs., tit. 14, § 15064.5, · subdivisions (d) and (e) {CEQA Guidelines§ 15064.5, subds. {d) and {e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. lfyou have any questions or need additional information, please contact me at my email address: Pricilla .Torres- Fuentes@nahc .ca.gov. Sincerely, Pricilla Torres-Fuentes Cultural Resources Analyst cc: State Clearinghouse Page 5 of 5 From:hopen51@att.net To:Scott Donnell Subject:Scoping Comments submitted by Citizens for a Friendly Airport Date:Wednesday, October 26, 2022 4:50:57 PM Attachments:2022-10-26 Scoping comments to Scott Donnell.pdf Scott Donnell, Senior Planner City of Carlsbad Planning Division 1635 Faraday Ave. Carlsbad, CA 92008 Scott.Donnell@carlsbadca.gov Mr. Donnell, Please see the attached document from Citizens for a Friendly Airport (C4FA). This is to go on record as our group’s comment regarding RHNA Scoping. We hope consideration will be given specific to McClellan-Palomar Airport impact on the sites in the Airport Impact Area before any final decisions are determined. Thank you for the opportunity to comment. Sincerely, Hope Nelson Mary Anne Viney Representing C4FA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Jim Plotkin To:Scott Donnell Subject:Site 8 Potential Housing Date:Saturday, September 24, 2022 3:49:40 PM Scott, I do not know what type of feedback the city is looking for on this topic. We are against the City expanding the Cottages and the proposed new apartment units nearby as well. I live in Shorepointe (and very close to the Cottages) along with a few hundred other homes. I did not move here to have 500+ or so apartment units built right around the corner. The Cottages being expanded from 24 to 150 is crowded. This property is very close to our property. Recently we had two teenagers on our slope behind our house (near the cottages) smoking pot, littering and drinking. They were on private property. We are not looking for more trespassing due to the overcrowding nearby. On top of that I was under the impression that there are 300 or more apartment units going in right next to the cottages and across the street. In addition, we already have 1 or 200 hundred low- income housing units across the street. I understand the state is mandating all of this housing, but shoving it in right on top of single-family developments is not the reason most or all of us moved into this area and neighborhood. When we purchased this home, our only concern was the airport noise not hundreds of new apartments. We have been in this neighborhood since March of 2002 and this area since 1997. Maybe my stats or information are not spot on, but living in a nice neighborhood with 500 plus apartment units right on top of us is not my idea of why I live in this neighborhood or in Carlsbad. 24-hour fitness and their clients plus all of these apartments will create traffic issues and overcrowding. I doubt most City employees and council members are looking to move into a new neighborhood with 500 apartments right around the corner from their home. If you’re looking for different feedback, please advise. Thanks, Jim Plotkin Calmeria Place CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. POTENTIAL HOUSING SITES Site Number: 10 – Bressi Ranch Colt Place industrial parcel City of Carlsbad: Housing Element Update - OUR HOME OUR FUTURE Very Low and Low-Income RHNA Sites Inventory SITE DESCRIPTION The site consists of a vacant 2.6-acre lot between the new Kensington at the Square townhomes to the east and the Staybridge Suites to the west. It is accessed from the north end of Colt Place and backs to Palomar Airport Road. The lot has been previously graded. About .60 acre of the property along Palomar Airport Road is restricted by the McClellan-Palomar Airport Safety Zone 2, which allows only low-density residential development. This portion can count toward determining the site’s density but cannot itself be developed with any dwelling units at the density proposed. None of the lot is impacted by airport noise such that residential construction would be precluded. SITE FEATURES Vacant Utilities accessible Graded Airport constraints Industrially designated Close to services and jobs SITE OPPORTUNITY Under consideration are changes to the properties land use designation from PI, Planned Industrial, to R-23. The R-23 designation would permit a density range of 19 to 23 dwelling units per acre (du/ac). This density is the same as that applied to the Kensington at the Square townhomes to the east. Development of the parcel at the minimum density could potentially yield approximately 50 units. The property owner is supportive of the designation change from PI to R-23, and a letter is attached. To change the properties’ designations to R-23, amendments to the General Plan, Zoning Ordinance, and Bressi Ranch Master Plan would be necessary and would require City Council approval. If the amendments were approved, industrial uses would no longer be permitted on the property. The table below summarizes information about the site. Parcels Numbers 213-262-17 GMP Quadrant Southeast Ownership Private Parcel Size Approximately 2.6 acres Current General Plan Designation PI (Planned Industrial) Proposed General Plan Designation R-23 (Residential, 19 to 23 du/ac) Current Residential Opportunity 0 units Proposed Residential Opportunity Approximately 50 units (at 19 du/ac) Income category of units (based on minimum density) Moderate C-23 {city of Carlsbad September 15, 2020 Don Neu, City Planner City of Carlsbad – Planning Department 1635 Faraday Avenue, Carlsbad, CA 92008 SUBJECT: Housing Element Update – Additional Site for Housing – Bressi Ranch – APN 213‐262‐17 Mr. Neu, The purpose of this letter is to formally request that the Carlsbad Housing Element Advisory Committee and the Planning Department Staff consider an additional site for housing within the Bressi Ranch Master Plan area. The requested site is located at the end of Colt Place on a vacant 2.6 acre parcel (APN 213‐262‐17) located between the existing Staybridge Suites hotel to the west and the Uptown Bressi residential project built by Shea Homes to the east. The proposed site location would be appropriate for high density residential. The proposed project site meets many of the general plan goals, smart growth guidelines, comments made by the City Council and comments provided by the public. Carlsbad General Plan ‐ Land Use and Community Design Goal 2 ‐G.1 – Promotes the “arrangement of varied uses that serve to protect and enhance the character and image of the city” by providing additional housing adjacent to existing high‐density housing within a Master Planned Community already containing varied uses. Goal 2 – G.2 – Promotes “a diversity of compatible land uses throughout the city to enable people to live close to job locations, adequate and convenient commercial services and public support systems such as transit, parks school and utilities”. This project achieves all of these by being located within the Bressi Ranch Master Plan and adjacent to Palomar Airport Road. Goal 2 – G.3 – Promotes “infill development that makes efficient use of limited land supply”. The proposed site is one of the last remaining vacant properties in Bressi Ranch and would continue to enhance the Bressi Ranch overall all theme of a walkable community. Goal 2 – G.4 – “Provide balanced neighborhoods with a variety of housing types and density ranges.” The proposed density at am R‐30 level would provide for a new higher density that further enhances the workforce housing desperately needed in this are of the City of Carlsbad. Goals 2 – G.5 – “Protect the neighborhood atmosphere and identity of existing residential area.” This site is located within the Bressi Ranch Master Plan and the master owner’s association would help ensure the protection of the neighborhood atmosphere. C-24 2 Smart Growth ‐ According to SANDAG, “Smart growth is a compact, efficient, and environmentally‐sensitive urban development pattern. It focuses future growth and infill development close to jobs, services, and public facilities to maximize the use of existing infrastructure and preserve open space and natural resources. Smart growth is characterized by more compact, higher density development in urbanized areas throughout the region. These areas are walkable, bike‐friendly, near public transit, and promote good community design, resulting in housing and transportation choices for those who live and work in these areas.” This project site fits near perfectly into this definition. The location as specified previously is close to jobs, services and shopping. It is walkable, bike friendly and near public transportation and is adjacent to a major transit corridor. City Council – Provision of Workforce Housing – Similar to the General Plan Goal 2‐G.2, the proposed site is located in very close proximity to many employment opportunities and the price point at the higher density should provide for more affordable type workforce housing. Housing for Hospitality Sector – This proposed site would be located adjacent to two hotels. Housing Along Transit Corridors – This proposed site is adjacent to Palomar Airport Road. Public Comments – Desire for Affordable Housing – Many comments expressed a desire for housing that is more affordable. This site proposes housing at a higher density and would therefore be more affordable. Support for Housing in Industrial Areas – As a part of the survey questions, the highest‐ranking location for new housing was “At vacant industrial sites that have been converted to residential use”. The current owner of this property also owns the hotels to the west and would like to provide the opportunity for his employees to live, work and shop in close proximity to the hotels. Additionally, this would also provide another opportunity for local employers to encourage their employees to live closer to their places of work. This will provide the ability to decrease VMTs and reduce carbon emissions. We believe support for such housing would be high within the Bressi Ranch employment centers. Please include this location as a part of the list of properties to be reviewed by the Housing Element Advisory Committee. We appreciate your consideration of this request and look forward to working with the Housing Committee and City Staff on this effort. If you have any questions, please feel free to contact me. Sincerely, Stan Weiler, AICP HWL ‐ President C-C-25 t~l. HOWES I WEILER I LANDY PLANNING & ENGINEERING C- 2 6 POTENTIAL HOUSING SITES Site Number: 11 – Bressi Ranch Gateway Road industrial parcels City of Carlsbad: Housing Element Update - OUR HOME OUR FUTURE Very Low and Low-Income RHNA Sites Inventory SITE DESCRIPTION The site consists of two vacant industrial parcels south of Palomar Airport Road in Bressi Ranch. The adjacent parcels are along Gateway Road, just east of Pizza Port. The two parcels total about 5.33 acres. There are no known physical constraints to development due to environmentally sensitive areas and the parcels are located outside the McClellan-Palomar Airport safety zones. Airport noise as well is not a constraint to residential development. SITE FEATURES Vacant Utilities accessible Graded No site constraints Industrially designated Close to services and jobs SITE OPPORTUNITY Under consideration is a change of each property’s land use designation from PI, Planned Industrial, to R-40, a new high- density residential land use designation. The R-40 designation would permit a density range of 37.5 to 40 dwelling units per acre (du/ac). This proposed designation is typical of apartments up to four to five stories tall. Together, both parcels could yield about 200 homes if developed at the minimum density. The property owner is supportive of the designation change from PI to R-40. To change the properties’ designations to R-40, amendments to the General Plan, Zoning Ordinance, and Bressi Ranch Master Plan would be necessary and would require City Council approval. If the amendments were approved, industrial uses would no longer be permitted on the properties but would continue to be permitted on surrounding properties. The table below summarizes information about the site, including affordability of the units that could yield from the site’s development. Parcels Numbers 213-263-19, 213-263-20 GMP Quadrant Southeast Ownership Private Parcel Size Approximately 5.33 acres (both parcels) Current General Plan Designation PI (Planned Industrial) Proposed General Plan Designation R-40 (Residential, 37.5 to 40 du/ac) Current Residential Opportunity 0 units Proposed Residential Opportunity Approximately 200 units (at 37.5 du/ac) Income category of units (based on minimum density) Lower C-27 {city of Carlsbad From:willowbrookapple@aol.com To:Scott Donnell Subject:Site 14 Date:Friday, September 23, 2022 6:32:19 PM Mr Donnell, Thank you for the opportunity to express my concerns regarding the proposed 200 unit low income development near the village train station. I bought a town home nearby for well over a million dollars. I feel we are being punishment doubly for buying close to transit. Not only do I hear the incessant train and buses and have todeal with the homeless, now it is an excuse to use expensive property close to the beach to meet state mandates. This area is already overwhelmed with problems. Please do not add 200low cost units into the mix. This proposal will drive away the very people you want to live in the village. Those who can afford to support the local businesses year round. Do not create anundesirable area centered around transit. You will ultimately destroy the very thing our village needs, individuals happy to buy expensive housing which happens to come with lots of taxdollars for our beautiful city. Please help keep the village a place where people choose to live. I urge you to discontinue considering site 14. Cheryl Swanson Sent from the all new AOL app for Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:MIchael Kroopkin To:Scott Donnell Subject:site plan Date:Friday, September 16, 2022 2:06:33 PM Sorry I won’t be able attend as that date is a major Jewish Holiday. However, I feel it is important to strongly protest the use of Site 4,, That area is always one of the most congested areas along ECR and to build multiple housing units there would only increase the problems, On paper it might look good but for everyone that lives in that general area it would be a major problem. I am asking that you reconsider for the good of the City. Often I feel like my comments fall on deaf ears, I hope this is not one of those times. Michael J. Kroopkin 2322 Masters Rd 760-931-6786 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Christine Amato To:Scott Donnell Subject:Sites 10 & 11 Date:Saturday, October 22, 2022 3:02:15 PM Hello Scott, Please note this as on record for today, October 22, as your survey has been inactivated for input. Please add to the public inquiry summary report on record as a no. Many homeowners have concerns with sites 10 and 11, and the impact of traffic on our private road and the environmental impact. Rezoning would be a huge negative due to the issues at hand. Our community is already dealing with inadequate street parking for overflow and guests, and many many people using our street to gain access to the shopping center. This is a hazard to our families as many children ride bikes and scooters in street I will again reiterate a no to sites 10 and 11 in Carlsbad. Christine Amato Kensington At The Square Resident and homeowner Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:MIchael Kroopkin To:Scott Donnell Subject:The environment Date:Wednesday, October 12, 2022 3:41:14 PM I know I have written before regarding my great concern over building low income housing on el Camino real. The impact of another possibility of a thousand more cars on ecr is very concerning not only from a traffic issue but for our environment. Carlsbad does not have a good situation regarding our air pollution both because of the high amount of traffic limited to just three east and west bound arteries but also because of the airport. Adding additional traffic is just adding to our already existing issues. Please reconsider any additional building along el Camino There has to be a better way. Thank you Michael kroopkin 2322 masters rd. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From:Kervin Krause To:Scott Donnell Subject:The Shoppes Mall Property Date:Friday, September 16, 2022 10:22:47 AM Hello, Please give us an update on the future plans at the Shoppes Mall location with somuch potential. This is partly in response to the email sent about developing city- owned land. 5 years ago the council denied an application to develop our much- needed housing in such an amazing location! And this would actually offer the much needed affordable housing than the $1.5-2M condos taking over "The Village". We enjoyed shopping at Westfield mall since the late '80s. Although now we do most of our shopping online, in The Village or along the PCH101 - although we do occasionally go to a movie or one of the restaurants here. We understand the city owns the parking lot. Our family feels this is an amazing yet underutilized location. So close to the 5 & 78 yet most of the parking lot sits empty most of the time. The transitarea is dystopian in ugliness, it even feels dangerous at night being so far away from everything else. Here is some further info I found on the proposed project. “We would be taking a blighted area and a sea of asphalt into a walkable, livable community with additional green space for the community,” Goldman said. Brian Harper, CEO of Rouse Properties, sent a letter to the city in March explaining why this development is a positive for the city and Rouse. “We see The Shoppes at Carlsbad as the premiere multi-dimensional experience in the area and we believe the current improvements are simply the foundation for a first-class property,” Harper wrote. “The west end of the property, partially under city ownership, is currently a large and underutilized parking lot that represents surplus parking not required for the shopping center’s operations or compliance with city parking codes.” https://thecoastnews.com/carlsbad-denies-application-for-mixed-use-development Thank you, Segovia-Krause Family 1220 Stratford Lane Carlsbad Village by-the-Sea CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Appendix B Air Quality and Greenhouse Gas Emissions Modeling Results Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 1 / 28 Carlsbad GPU EIR v4 Detailed Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.4. Operations Emissions Compared Against Thresholds 2.5. Operations Emissions by Sector, Unmitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.3. Area Emissions by Source Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 2 / 28 4.3.2. Unmitigated 4.4. Water Emissions by Land Use 4.4.2. Unmitigated 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 3 / 28 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.15. Operational Off-Road Equipment Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 4 / 28 5.15.1. Unmitigated 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary 6.2. Initial Climate Risk Scores 6.3. Adjusted Climate Risk Scores 6.4. Climate Risk Reduction Measures Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 5 / 28 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores 7.2. Healthy Places Index Scores 7.3. Overall Health & Equity Scores 7.4. Health & Equity Measures 7.5. Evaluation Scorecard 7.6. Health & Equity Custom Measures 8. User Changes to Default Data Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 6 / 28 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Carlsbad GPU EIR v4 Operational Year 2024 Lead Agency — Land Use Scale Plan/community Analysis Level for Defaults County Windspeed (m/s)1.90 Precipitation (days)21.8 Location 33.1599237850095, -117.34862128462754 County San Diego City Carlsbad Air District San Diego County APCD Air Basin San Diego TAZ 6228 EDFZ 12 Electric Utility San Diego Gas & Electric Gas Utility San Diego Gas & Electric App Version 2022.1.1.14 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Apartments Mid Rise 3,295 Dwelling Unit 86.7 3,163,200 0.00 0.00 8,260 — Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 7 / 28 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.4. Operations Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit.TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Unmit.5,177 5,156 164 7,014 13.0 859 139 998 855 35.2 891 92,935 230,103 323,038 210 12.2 688 332,621 Daily, Winter (Max) —————————————————— Unmit.5,159 5,139 167 6,745 12.9 859 139 998 855 35.2 891 92,935 221,900 314,835 210 12.5 39.9 323,852 Average Daily (Max) —————————————————— Unmit.1,193 1,239 91.3 2,022 4.14 194 139 333 193 35.2 229 21,985 193,735 215,720 144 7.40 310 221,845 Annual (Max) —————————————————— Unmit.218 226 16.7 369 0.76 35.5 25.4 60.8 35.3 6.43 41.7 3,640 32,075 35,715 23.9 1.23 51.3 36,729 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— ------------------- ------------------- Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 8 / 28 Mobile 32.0 24.6 57.3 601 1.63 1.25 139 140 1.17 35.2 36.4 —166,278 166,278 4.89 4.99 665 168,552 Area 5,144 5,131 100 6,411 11.3 858 —858 854 —854 91,508 38,658 130,166 84.5 6.57 —134,235 Energy 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —24,001 24,001 1.67 0.14 —24,083 Water ———————————247 1,166 1,413 0.92 0.55 —1,600 Waste ———————————1,180 0.00 1,180 118 0.00 —4,128 Refrig.————————————————22.7 22.7 Total 5,177 5,156 164 7,014 13.0 859 139 998 855 35.2 891 92,935 230,103 323,038 210 12.2 688 332,621 Daily, Winter (Max) —————————————————— Mobile 32.0 24.8 62.8 518 1.56 1.25 139 140 1.17 35.2 36.4 —158,575 158,575 4.83 5.27 17.3 160,284 Area 5,126 5,114 98.5 6,225 11.3 858 —858 854 —854 91,508 38,159 129,666 84.4 6.57 —133,734 Energy 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —24,001 24,001 1.67 0.14 —24,083 Water ———————————247 1,166 1,413 0.92 0.55 —1,600 Waste ———————————1,180 0.00 1,180 118 0.00 —4,128 Refrig.————————————————22.7 22.7 Total 5,159 5,139 167 6,745 12.9 859 139 998 855 35.2 891 92,935 221,900 314,835 210 12.5 39.9 323,852 Average Daily —————————————————— Mobile 31.9 24.7 62.3 529 1.57 1.25 139 140 1.17 35.2 36.4 —159,750 159,750 4.84 5.24 287 161,720 Area 1,161 1,214 23.0 1,490 2.54 193 —193 192 —192 20,558 8,819 29,377 19.0 1.48 —30,292 Energy 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —24,001 24,001 1.67 0.14 —24,083 Water ———————————247 1,166 1,413 0.92 0.55 —1,600 Waste ———————————1,180 0.00 1,180 118 0.00 —4,128 Refrig.————————————————22.7 22.7 Total 1,193 1,239 91.3 2,022 4.14 194 139 333 193 35.2 229 21,985 193,735 215,720 144 7.40 310 221,845 Annual —————————————————— Mobile 5.83 4.51 11.4 96.5 0.29 0.23 25.4 25.6 0.21 6.43 6.65 —26,448 26,448 0.80 0.87 47.6 26,775 Area 212 222 4.20 272 0.46 35.2 —35.2 35.0 —35.0 3,404 1,460 4,864 3.14 0.24 —5,015 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 9 / 28 Energy 0.13 0.06 1.07 0.46 0.01 0.09 —0.09 0.09 —0.09 —3,974 3,974 0.28 0.02 —3,987 Water ———————————41.0 193 234 0.15 0.09 —265 Waste ———————————195 0.00 195 19.5 0.00 —683 Refrig.————————————————3.75 3.75 Total 218 226 16.7 369 0.76 35.5 25.4 60.8 35.3 6.43 41.7 3,640 32,075 35,715 23.9 1.23 51.3 36,729 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Mobile source emissions results are presented in Sections 2.6. No further detailed breakdown of emissions is available. 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ————————————16,526 16,526 1.01 0.12 —16,588 Total ————————————16,526 16,526 1.01 0.12 —16,588 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ————————————16,526 16,526 1.01 0.12 —16,588 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 10 / 28 Total ————————————16,526 16,526 1.01 0.12 —16,588 Annual —————————————————— Apartme nts Mid Rise ————————————2,736 2,736 0.17 0.02 —2,746 Total ————————————2,736 2,736 0.17 0.02 —2,746 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —7,475 7,475 0.66 0.01 —7,496 Total 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —7,475 7,475 0.66 0.01 —7,496 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —7,475 7,475 0.66 0.01 —7,496 Total 0.69 0.34 5.89 2.51 0.04 0.48 —0.48 0.48 —0.48 —7,475 7,475 0.66 0.01 —7,496 Annual —————————————————— Apartme nts Mid Rise 0.13 0.06 1.07 0.46 0.01 0.09 —0.09 0.09 —0.09 —1,238 1,238 0.11 < 0.005 —1,241 Total 0.13 0.06 1.07 0.46 0.01 0.09 —0.09 0.09 —0.09 —1,238 1,238 0.11 < 0.005 —1,241 4.3. Area Emissions by Source Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 11 / 28 4.3.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Hearths 5,126 5,041 98.5 6,225 11.3 858 —858 854 —854 91,508 38,159 129,666 84.4 6.57 —133,734 Consum er Products —67.7 ———————————————— Architect ural Coatings —5.42 ———————————————— Landsca pe Equipme nt 18.0 17.1 1.85 186 0.01 0.07 —0.07 0.10 —0.10 —500 500 0.02 < 0.005 —502 Total 5,144 5,131 100 6,411 11.3 858 —858 854 —854 91,508 38,658 130,166 84.5 6.57 —134,235 Daily, Winter (Max) —————————————————— Hearths 5,126 5,041 98.5 6,225 11.3 858 —858 854 —854 91,508 38,159 129,666 84.4 6.57 —133,734 Consum er Products —67.7 ———————————————— Architect ural Coatings —5.42 ———————————————— Total 5,126 5,114 98.5 6,225 11.3 858 —858 854 —854 91,508 38,159 129,666 84.4 6.57 —133,734 Annual —————————————————— Hearths 210 207 4.04 255 0.46 35.2 —35.2 35.0 —35.0 3,404 1,419 4,823 3.14 0.24 —4,974 ------------------- Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 12 / 28 ————————————————12.4—Consum er Products Architect ural Coatings —0.99 ———————————————— Landsca pe Equipme nt 1.62 1.54 0.17 16.8 < 0.005 0.01 —0.01 0.01 —0.01 —40.8 40.8 < 0.005 < 0.005 —41.0 Total 212 222 4.20 272 0.46 35.2 —35.2 35.0 —35.0 3,404 1,460 4,864 3.14 0.24 —5,015 4.4. Water Emissions by Land Use 4.4.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ———————————247 1,166 1,413 0.92 0.55 —1,600 Total ———————————247 1,166 1,413 0.92 0.55 —1,600 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ———————————247 1,166 1,413 0.92 0.55 —1,600 Total ———————————247 1,166 1,413 0.92 0.55 —1,600 Annual —————————————————— Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 13 / 28 Apartme Mid Rise ———————————41.0 193 234 0.15 0.09 —265 Total ———————————41.0 193 234 0.15 0.09 —265 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ———————————1,180 0.00 1,180 118 0.00 —4,128 Total ———————————1,180 0.00 1,180 118 0.00 —4,128 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ———————————1,180 0.00 1,180 118 0.00 —4,128 Total ———————————1,180 0.00 1,180 118 0.00 —4,128 Annual —————————————————— Apartme nts Mid Rise ———————————195 0.00 195 19.5 0.00 —683 Total ———————————195 0.00 195 19.5 0.00 —683 4.6. Refrigerant Emissions by Land Use Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 14 / 28 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ————————————————22.7 22.7 Total ————————————————22.7 22.7 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ————————————————22.7 22.7 Total ————————————————22.7 22.7 Annual —————————————————— Apartme nts Mid Rise ————————————————3.75 3.75 Total ————————————————3.75 3.75 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 15 / 28 ——————————————————Daily, Summer (Max) Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.9. User Defined Emissions By Equipment Type Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 16 / 28 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio n TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 17 / 28 Total —————————————————— 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— ------------------- Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 18 / 28 Subtotal —————————————————— ——————————————————— Daily, Winter (Max) —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— Subtotal —————————————————— ——————————————————— Annual —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— Subtotal —————————————————— ——————————————————— 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 19 / 28 Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Total all Land Uses 0.00 0.00 0.00 0.00 196,730 196,730 196,730 71,806,450 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated Hearth Type Unmitigated (number) Apartments Mid Rise — Wood Fireplaces 1153 Gas Fireplaces 1812 Propane Fireplaces 0 Electric Fireplaces 0 No Fireplaces 330 Conventional Wood Stoves 0 Catalytic Wood Stoves 165 Non-Catalytic Wood Stoves 165 Pellet Wood Stoves 0 5.10.2. Architectural Coatings Residential Interior Area Coated (sq ft)Residential Exterior Area Coated (sq ft)Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) 6405480 2,135,160 0.00 0.00 — 5.10.3. Landscape Equipment Season Unit Value Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 20 / 28 Snow Days day/yr 0.00 Summer Days day/yr 180 5.11. Operational Energy Consumption 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr)CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 11,172,916 540 0.0330 0.0040 23,323,448 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated Land Use Indoor Water (gal/year)Outdoor Water (gal/year) Apartments Mid Rise 115,763,482 0.00 5.13. Operational Waste Generation 5.13.1. Unmitigated Land Use Waste (ton/year)Cogeneration (kWh/year) Apartments Mid Rise 2,189 — 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated Land Use Type Equipment Type Refrigerant GWP Quantity (kg)Operations Leak Rate Service Leak Rate Times Serviced Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 21 / 28 10.02.502.50< 0.0052,088R-410AApartments Mid Rise Average room A/C & Other residential A/C and heat pumps Apartments Mid Rise Household refrigerators and/or freezers R-134a 1,430 0.12 0.60 0.00 1.00 5.15. Operational Off-Road Equipment 5.15.1. Unmitigated Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr)Daily Heat Input (MMBtu/day)Annual Heat Input (MMBtu/yr) 5.17. User Defined Equipment Type Fuel Type —— 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 22 / 28 Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type Initial Acres Final Acres 5.18.2. Sequestration 5.18.2.1. Unmitigated Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 6. Climate Risk Detailed Report 6.1. Climate Risk Summary Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100. Climate Hazard Result for Project Location Unit Temperature and Extreme Heat 8.12 annual days of extreme heat Extreme Precipitation 2.70 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth Wildfire 0.00 annual hectares burned Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider different increments of sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 50 meters (m) by 50 m, or about 164 feet (ft) by 164 ft. Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 23 / 28 Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. 6.2. Initial Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat N/A N/A N/A N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 0 0 N/A Wildfire 1 0 0 N/A Flooding 0 0 0 N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Air Quality Degradation N/A N/A N/A N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures. 6.3. Adjusted Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat N/A N/A N/A N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 1 1 2 Wildfire 1 1 1 2 Flooding 1 1 1 2 Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 24 / 28 Air Quality Degradation N/A N/A N/A N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures. 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. Indicator Result for Project Census Tract Exposure Indicators — AQ-Ozone 29.9 AQ-PM 44.7 AQ-DPM 87.8 Drinking Water 10.4 Lead Risk Housing 46.8 Pesticides 23.2 Toxic Releases 14.1 Traffic 85.7 Effect Indicators — CleanUp Sites 0.00 Groundwater 59.6 Haz Waste Facilities/Generators 80.2 Impaired Water Bodies 77.3 Solid Waste 0.00 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 25 / 28 Sensitive Population — Asthma 10.6 Cardio-vascular 30.4 Low Birth Weights 11.8 Socioeconomic Factor Indicators — Education 51.2 Housing 45.6 Linguistic 18.1 Poverty 66.4 Unemployment 37.7 7.2. Healthy Places Index Scores The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. Indicator Result for Project Census Tract Economic — Above Poverty 43.59040164 Employed 47.8121391 Median HI 35.63454382 Education — Bachelor's or higher 53.18875914 High school enrollment 3.028358784 Preschool enrollment 11.35634544 Transportation — Auto Access 33.27345053 Active commuting 58.38573078 Social — 2-parent households 22.80251508 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 26 / 28 Voting 60.81098422 Neighborhood — Alcohol availability 33.06813807 Park access 56.25561401 Retail density 80.14885153 Supermarket access 72.16732965 Tree canopy 38.05979725 Housing — Homeownership 10.75324009 Housing habitability 43.65456179 Low-inc homeowner severe housing cost burden 94.44373155 Low-inc renter severe housing cost burden 62.20967535 Uncrowded housing 34.55665341 Health Outcomes — Insured adults 20.10778904 Arthritis 29.1 Asthma ER Admissions 76.3 High Blood Pressure 63.5 Cancer (excluding skin)24.3 Asthma 46.1 Coronary Heart Disease 23.5 Chronic Obstructive Pulmonary Disease 29.1 Diagnosed Diabetes 58.5 Life Expectancy at Birth 70.8 Cognitively Disabled 39.7 Physically Disabled 49.3 Heart Attack ER Admissions 87.2 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 27 / 28 Mental Health Not Good 44.5 Chronic Kidney Disease 35.4 Obesity 54.6 Pedestrian Injuries 43.7 Physical Health Not Good 49.1 Stroke 34.3 Health Risk Behaviors — Binge Drinking 10.6 Current Smoker 43.7 No Leisure Time for Physical Activity 51.7 Climate Change Exposures — Wildfire Risk 0.6 SLR Inundation Area 54.1 Children 69.7 Elderly 26.2 English Speaking 38.1 Foreign-born 29.6 Outdoor Workers 36.9 Climate Change Adaptive Capacity — Impervious Surface Cover 25.2 Traffic Density 95.7 Traffic Access 23.0 Other Indices — Hardship 54.8 Other Decision Support — 2016 Voting 71.6 Carlsbad GPU EIR v4 Detailed Report, 6/21/2023 28 / 28 7.3. Overall Health & Equity Scores Metric Result for Project Census Tract CalEnviroScreen 4.0 Score for Project Location (a)30.0 Healthy Places Index Score for Project Location (b)29.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535)No Project Located in a Low-Income Community (Assembly Bill 1550)Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617)No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. 7.4. Health & Equity Measures No Health & Equity Measures selected. 7.5. Evaluation Scorecard Health & Equity Evaluation Scorecard not completed. 7.6. Health & Equity Custom Measures No Health & Equity Custom Measures created. 8. User Changes to Default Data Screen Justification Land Use Pop & Housing section: The population determined for the 3,295 new residential units are based on calculations developed by the city for the 2015 General Plan EIR to estimate population at buildout. The estimate assumes 2.63 persons per household, with a 5.5 percent vacancy rate, and 0.86 percent of residents as group quarters (3,295 * 2.63 * 0.945 *1.0086 = 8,260). Operations: Water and Waste Water WTP 100% aerobic Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 1 / 28 Alt 2 Carlsbad GPU EIR Detailed Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User-Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.4. Operations Emissions Compared Against Thresholds 2.5. Operations Emissions by Sector, Unmitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.3. Area Emissions by Source Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 2 / 28 4.3.2. Unmitigated 4.4. Water Emissions by Land Use 4.4.2. Unmitigated 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 3 / 28 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.15. Operational Off-Road Equipment Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 4 / 28 5.15.1. Unmitigated 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary 6.2. Initial Climate Risk Scores 6.3. Adjusted Climate Risk Scores 6.4. Climate Risk Reduction Measures Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 5 / 28 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores 7.2. Healthy Places Index Scores 7.3. Overall Health & Equity Scores 7.4. Health & Equity Measures 7.5. Evaluation Scorecard 7.6. Health & Equity Custom Measures 8. User Changes to Default Data Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 6 / 28 1. Basic Project Information 1.1. Basic Project Information Data Field Value Project Name Alt 2 Carlsbad GPU EIR Operational Year 2024 Lead Agency — Land Use Scale Plan/community Analysis Level for Defaults County Windspeed (m/s)1.90 Precipitation (days)21.8 Location 33.1599237850095, -117.34862128462754 County San Diego City Carlsbad Air District San Diego County APCD Air Basin San Diego TAZ 6228 EDFZ 12 Electric Utility San Diego Gas & Electric Gas Utility San Diego Gas & Electric App Version 2022.1.1.14 1.2. Land Use Types Land Use Subtype Size Unit Lot Acreage Building Area (sq ft)Landscape Area (sq ft) Special Landscape Area (sq ft) Population Description Apartments Mid Rise 3,338 Dwelling Unit 87.8 3,204,480 0.00 0.00 8,367 — Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 7 / 28 1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected 2. Emissions Summary 2.4. Operations Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit.TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Unmit.5,245 5,223 166 7,108 13.1 871 141 1,012 867 35.9 902 94,148 233,824 327,971 213 12.4 700 337,689 Daily, Winter (Max) —————————————————— Unmit.5,227 5,206 170 6,836 13.0 871 141 1,012 866 35.9 902 94,148 225,481 319,628 213 12.7 40.5 328,770 Average Daily (Max) —————————————————— Unmit.1,209 1,255 92.7 2,050 4.20 197 141 338 196 35.9 232 22,272 196,953 219,225 146 7.52 315 225,438 Annual (Max) —————————————————— Unmit.221 229 16.9 374 0.77 35.9 25.8 61.7 35.8 6.54 42.3 3,687 32,608 36,295 24.2 1.25 52.2 37,324 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— ------------------- ------------------- Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 8 / 28 Mobile 32.5 25.1 58.3 611 1.66 1.27 141 143 1.19 35.9 37.0 —169,166 169,166 4.97 5.07 677 171,479 Area 5,212 5,198 102 6,494 11.4 869 —869 865 —865 92,702 39,163 131,865 85.6 6.66 —135,987 Energy 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —24,314 24,314 1.69 0.14 —24,398 Water ———————————251 1,181 1,431 0.93 0.56 —1,621 Waste ———————————1,195 0.00 1,195 119 0.00 —4,181 Refrig.————————————————23.0 23.0 Total 5,245 5,223 166 7,108 13.1 871 141 1,012 867 35.9 902 94,148 233,824 327,971 213 12.4 700 337,689 Daily, Winter (Max) —————————————————— Mobile 32.6 25.2 63.9 527 1.58 1.27 141 143 1.19 35.9 37.0 —161,329 161,329 4.91 5.37 17.6 163,068 Area 5,193 5,181 99.8 6,306 11.4 869 —869 865 —865 92,702 38,656 131,359 85.5 6.65 —135,479 Energy 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —24,314 24,314 1.69 0.14 —24,398 Water ———————————251 1,181 1,431 0.93 0.56 —1,621 Waste ———————————1,195 0.00 1,195 119 0.00 —4,181 Refrig.————————————————23.0 23.0 Total 5,227 5,206 170 6,836 13.0 871 141 1,012 866 35.9 902 94,148 225,481 319,628 213 12.7 40.5 328,770 Average Daily —————————————————— Mobile 32.5 25.1 63.4 538 1.60 1.27 141 143 1.19 35.9 37.0 —162,524 162,524 4.92 5.33 292 164,528 Area 1,176 1,230 23.3 1,510 2.57 195 —195 194 —194 20,826 8,934 29,760 19.2 1.50 —30,687 Energy 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —24,314 24,314 1.69 0.14 —24,398 Water ———————————251 1,181 1,431 0.93 0.56 —1,621 Waste ———————————1,195 0.00 1,195 119 0.00 —4,181 Refrig.————————————————23.0 23.0 Total 1,209 1,255 92.7 2,050 4.20 197 141 338 196 35.9 232 22,272 196,953 219,225 146 7.52 315 225,438 Annual —————————————————— Mobile 5.93 4.59 11.6 98.2 0.29 0.23 25.8 26.0 0.22 6.54 6.76 —26,908 26,908 0.81 0.88 48.4 27,240 Area 215 224 4.26 276 0.47 35.6 —35.6 35.5 —35.5 3,448 1,479 4,927 3.18 0.25 —5,081 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 9 / 28 Energy 0.13 0.06 1.09 0.46 0.01 0.09 —0.09 0.09 —0.09 —4,025 4,025 0.28 0.02 —4,039 Water ———————————41.5 195 237 0.15 0.09 —268 Waste ———————————198 0.00 198 19.8 0.00 —692 Refrig.————————————————3.80 3.80 Total 221 229 16.9 374 0.77 35.9 25.8 61.7 35.8 6.54 42.3 3,687 32,608 36,295 24.2 1.25 52.2 37,324 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Mobile source emissions results are presented in Sections 2.6. No further detailed breakdown of emissions is available. 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ————————————16,742 16,742 1.02 0.12 —16,804 Total ————————————16,742 16,742 1.02 0.12 —16,804 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ————————————16,742 16,742 1.02 0.12 —16,804 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 10 / 28 Total ————————————16,742 16,742 1.02 0.12 —16,804 Annual —————————————————— Apartme nts Mid Rise ————————————2,772 2,772 0.17 0.02 —2,782 Total ————————————2,772 2,772 0.17 0.02 —2,782 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —7,572 7,572 0.67 0.01 —7,593 Total 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —7,572 7,572 0.67 0.01 —7,593 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —7,572 7,572 0.67 0.01 —7,593 Total 0.70 0.35 5.97 2.54 0.04 0.48 —0.48 0.48 —0.48 —7,572 7,572 0.67 0.01 —7,593 Annual —————————————————— Apartme nts Mid Rise 0.13 0.06 1.09 0.46 0.01 0.09 —0.09 0.09 —0.09 —1,254 1,254 0.11 < 0.005 —1,257 Total 0.13 0.06 1.09 0.46 0.01 0.09 —0.09 0.09 —0.09 —1,254 1,254 0.11 < 0.005 —1,257 4.3. Area Emissions by Source Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 11 / 28 4.3.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Hearths 5,193 5,107 99.8 6,306 11.4 869 —869 865 —865 92,702 38,656 131,359 85.5 6.65 —135,479 Consum er Products —68.6 ———————————————— Architect ural Coatings —5.50 ———————————————— Landsca pe Equipme nt 18.3 17.3 1.88 189 0.01 0.07 —0.07 0.10 —0.10 —506 506 0.02 < 0.005 —508 Total 5,212 5,198 102 6,494 11.4 869 —869 865 —865 92,702 39,163 131,865 85.6 6.66 —135,987 Daily, Winter (Max) —————————————————— Hearths 5,193 5,107 99.8 6,306 11.4 869 —869 865 —865 92,702 38,656 131,359 85.5 6.65 —135,479 Consum er Products —68.6 ———————————————— Architect ural Coatings —5.50 ———————————————— Total 5,193 5,181 99.8 6,306 11.4 869 —869 865 —865 92,702 38,656 131,359 85.5 6.65 —135,479 Annual —————————————————— Hearths 213 209 4.09 259 0.47 35.6 —35.6 35.5 —35.5 3,448 1,438 4,886 3.18 0.25 —5,039 ------------------- Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 12 / 28 ————————————————12.5—Consum er Products Architect ural Coatings —1.00 ———————————————— Landsca pe Equipme nt 1.64 1.56 0.17 17.0 < 0.005 0.01 —0.01 0.01 —0.01 —41.3 41.3 < 0.005 < 0.005 —41.5 Total 215 224 4.26 276 0.47 35.6 —35.6 35.5 —35.5 3,448 1,479 4,927 3.18 0.25 —5,081 4.4. Water Emissions by Land Use 4.4.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ———————————251 1,181 1,431 0.93 0.56 —1,621 Total ———————————251 1,181 1,431 0.93 0.56 —1,621 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ———————————251 1,181 1,431 0.93 0.56 —1,621 Total ———————————251 1,181 1,431 0.93 0.56 —1,621 Annual —————————————————— Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 13 / 28 Apartme Mid Rise ———————————41.5 195 237 0.15 0.09 —268 Total ———————————41.5 195 237 0.15 0.09 —268 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ———————————1,195 0.00 1,195 119 0.00 —4,181 Total ———————————1,195 0.00 1,195 119 0.00 —4,181 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ———————————1,195 0.00 1,195 119 0.00 —4,181 Total ———————————1,195 0.00 1,195 119 0.00 —4,181 Annual —————————————————— Apartme nts Mid Rise ———————————198 0.00 198 19.8 0.00 —692 Total ———————————198 0.00 198 19.8 0.00 —692 4.6. Refrigerant Emissions by Land Use Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 14 / 28 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Apartme nts Mid Rise ————————————————23.0 23.0 Total ————————————————23.0 23.0 Daily, Winter (Max) —————————————————— Apartme nts Mid Rise ————————————————23.0 23.0 Total ————————————————23.0 23.0 Annual —————————————————— Apartme nts Mid Rise ————————————————3.80 3.80 Total ————————————————3.80 3.80 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 15 / 28 ——————————————————Daily, Summer (Max) Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.9. User Defined Emissions By Equipment Type Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 16 / 28 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio n TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 17 / 28 Total —————————————————— 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land Use TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Total —————————————————— Daily, Winter (Max) —————————————————— Total —————————————————— Annual —————————————————— Total —————————————————— 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily, Summer (Max) —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— ------------------- Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 18 / 28 Subtotal —————————————————— ——————————————————— Daily, Winter (Max) —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— Subtotal —————————————————— ——————————————————— Annual —————————————————— Avoided —————————————————— Subtotal —————————————————— Sequest ered —————————————————— Subtotal —————————————————— Remove d —————————————————— Subtotal —————————————————— ——————————————————— 5. Activity Data 5.9. Operational Mobile Sources 5.9.1. Unmitigated Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 19 / 28 Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Year VMT/Weekday VMT/Saturday VMT/Sunday VMT/Year Total all Land Uses 0.00 0.00 0.00 0.00 200,147 200,147 200,147 73,053,655 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated Hearth Type Unmitigated (number) Apartments Mid Rise — Wood Fireplaces 1168 Gas Fireplaces 1836 Propane Fireplaces 0 Electric Fireplaces 0 No Fireplaces 334 Conventional Wood Stoves 0 Catalytic Wood Stoves 167 Non-Catalytic Wood Stoves 167 Pellet Wood Stoves 0 5.10.2. Architectural Coatings Residential Interior Area Coated (sq ft)Residential Exterior Area Coated (sq ft)Non-Residential Interior Area Coated (sq ft) Non-Residential Exterior Area Coated (sq ft) Parking Area Coated (sq ft) 6489072 2,163,024 0.00 0.00 — 5.10.3. Landscape Equipment Season Unit Value Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 20 / 28 Snow Days day/yr 0.00 Summer Days day/yr 180 5.11. Operational Energy Consumption 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr)CO2 CH4 N2O Natural Gas (kBTU/yr) Apartments Mid Rise 11,318,724 540 0.0330 0.0040 23,627,820 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated Land Use Indoor Water (gal/year)Outdoor Water (gal/year) Apartments Mid Rise 117,274,204 0.00 5.13. Operational Waste Generation 5.13.1. Unmitigated Land Use Waste (ton/year)Cogeneration (kWh/year) Apartments Mid Rise 2,218 — 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated Land Use Type Equipment Type Refrigerant GWP Quantity (kg)Operations Leak Rate Service Leak Rate Times Serviced Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 21 / 28 10.02.502.50< 0.0052,088R-410AApartments Mid Rise Average room A/C & Other residential A/C and heat pumps Apartments Mid Rise Household refrigerators and/or freezers R-134a 1,430 0.12 0.60 0.00 1.00 5.15. Operational Off-Road Equipment 5.15.1. Unmitigated Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr)Daily Heat Input (MMBtu/day)Annual Heat Input (MMBtu/yr) 5.17. User Defined Equipment Type Fuel Type —— 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 22 / 28 Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type Initial Acres Final Acres 5.18.2. Sequestration 5.18.2.1. Unmitigated Tree Type Number Electricity Saved (kWh/year)Natural Gas Saved (btu/year) 6. Climate Risk Detailed Report 6.1. Climate Risk Summary Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100. Climate Hazard Result for Project Location Unit Temperature and Extreme Heat 8.12 annual days of extreme heat Extreme Precipitation 2.70 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth Wildfire 0.00 annual hectares burned Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider different increments of sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 50 meters (m) by 50 m, or about 164 feet (ft) by 164 ft. Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 23 / 28 Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. 6.2. Initial Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat N/A N/A N/A N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 0 0 0 N/A Wildfire 0 0 0 N/A Flooding 0 0 0 N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Air Quality Degradation N/A N/A N/A N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures. 6.3. Adjusted Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat N/A N/A N/A N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 1 1 2 Wildfire 1 1 1 2 Flooding 1 1 1 2 Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 24 / 28 Air Quality Degradation N/A N/A N/A N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures. 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. Indicator Result for Project Census Tract Exposure Indicators — AQ-Ozone 29.9 AQ-PM 44.7 AQ-DPM 87.8 Drinking Water 10.4 Lead Risk Housing 46.8 Pesticides 23.2 Toxic Releases 14.1 Traffic 85.7 Effect Indicators — CleanUp Sites 0.00 Groundwater 59.6 Haz Waste Facilities/Generators 80.2 Impaired Water Bodies 77.3 Solid Waste 0.00 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 25 / 28 Sensitive Population — Asthma 10.6 Cardio-vascular 30.4 Low Birth Weights 11.8 Socioeconomic Factor Indicators — Education 51.2 Housing 45.6 Linguistic 18.1 Poverty 66.4 Unemployment 37.7 7.2. Healthy Places Index Scores The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. Indicator Result for Project Census Tract Economic — Above Poverty 43.59040164 Employed 47.8121391 Median HI 35.63454382 Education — Bachelor's or higher 53.18875914 High school enrollment 3.028358784 Preschool enrollment 11.35634544 Transportation — Auto Access 33.27345053 Active commuting 58.38573078 Social — 2-parent households 22.80251508 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 26 / 28 Voting 60.81098422 Neighborhood — Alcohol availability 33.06813807 Park access 56.25561401 Retail density 80.14885153 Supermarket access 72.16732965 Tree canopy 38.05979725 Housing — Homeownership 10.75324009 Housing habitability 43.65456179 Low-inc homeowner severe housing cost burden 94.44373155 Low-inc renter severe housing cost burden 62.20967535 Uncrowded housing 34.55665341 Health Outcomes — Insured adults 20.10778904 Arthritis 29.1 Asthma ER Admissions 76.3 High Blood Pressure 63.5 Cancer (excluding skin)24.3 Asthma 46.1 Coronary Heart Disease 23.5 Chronic Obstructive Pulmonary Disease 29.1 Diagnosed Diabetes 58.5 Life Expectancy at Birth 70.8 Cognitively Disabled 39.7 Physically Disabled 49.3 Heart Attack ER Admissions 87.2 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 27 / 28 Mental Health Not Good 44.5 Chronic Kidney Disease 35.4 Obesity 54.6 Pedestrian Injuries 43.7 Physical Health Not Good 49.1 Stroke 34.3 Health Risk Behaviors — Binge Drinking 10.6 Current Smoker 43.7 No Leisure Time for Physical Activity 51.7 Climate Change Exposures — Wildfire Risk 0.6 SLR Inundation Area 54.1 Children 69.7 Elderly 26.2 English Speaking 38.1 Foreign-born 29.6 Outdoor Workers 36.9 Climate Change Adaptive Capacity — Impervious Surface Cover 25.2 Traffic Density 95.7 Traffic Access 23.0 Other Indices — Hardship 54.8 Other Decision Support — 2016 Voting 71.6 Alt 2 Carlsbad GPU EIR Detailed Report, 6/21/2023 28 / 28 7.3. Overall Health & Equity Scores Metric Result for Project Census Tract CalEnviroScreen 4.0 Score for Project Location (a)30.0 Healthy Places Index Score for Project Location (b)29.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535)No Project Located in a Low-Income Community (Assembly Bill 1550)Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617)No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. 7.4. Health & Equity Measures No Health & Equity Measures selected. 7.5. Evaluation Scorecard Health & Equity Evaluation Scorecard not completed. 7.6. Health & Equity Custom Measures No Health & Equity Custom Measures created. 8. User Changes to Default Data Screen Justification Land Use Pop & Housing section: (3,338 * 2.63 * 0.945 *1.0086 = 8,367). Operations: Water and Waste Water WTP 100% aerobic Appendix C Previous Historical Resources Documentation REGIONAL HISTORIC PRESERVATION STUDY Car--lsbML m APRIL 19, 1980 Prepared By: WESTEC Services, Inc. 3211 Fifth Avenue San Diego, California 92103 For Comprehensive Planning Organization of the San Diego Region Security Pacific Plaza, 1200 Third Avenue, Suite 524 San Diego, California 92101 (714) 236-5300 This report was financed with Federal funds from the U.S. Department of Housing and Urban Development (HUD) and local funds from CPO Member Jurisdictions. MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar. El Cajon, Imperial Beach, La Mesa, lemon Grove, National City. Oceanside, San Diego, San Marcos, Vista. and County of San Diego/Ex-Officio Member· California Department of Transportation/Honorary Member; Tijuana, 8, CFA. Olapter I Olapter II Olapter III CONTENTS 1Nl'OOIX..C11IOO •••.•............•..........•..••••••• , •••. 3 Purpose and Goals of the Study•••••••••·••••••••••••• 3 Scope of ~rk and Limitations•••••••••••••••••••••••• 3 Pilot Area BoW'ldary •••••·•·····••••••••••·••·••·••••• 4 CUL'IURAL HIS'IDRY OF 'lliE STUDY AREA ..................... IntrocluctiOJ'l ................•...•••••.••.•...•.•.•••. Prehistoric Period .............•.•••••.•...........•• San Diegui to ..................................... . Ia Jolla-Pallll\a. .....................•.............. tbrthern Diegueno -Kumeyaay -Luiseno ......•..... Protohistoric Period ................................. Historic PeriOO ••••••••••••••••••••·•······•·······•• Introouctioo ............................... • • .. • .. 'Ihe Hispanic/F.arly Aioorican Pre-Railroad: 9 9 9 11 12 13 14 16 16 1769-1885 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 '!he Boan Years and 'Iheir Aftermath: 1885-1910 . . . . 18 'Ihe Rebirth of Carlsbad: 1910-1930 ··•···••·•••••• 21 Carlsbad canes of Age: 1930-1950 ••••••••••••••••• 24 Recent Land-Use Olanges in the Carlsbad Area: 1950-present . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 27 CULWRAL RESOUICES SURVEY AND INVENI'ORY RESUL'IS 33 Introouction . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Paleontological Resources . . . . . • . • . . . . . . . . • . . . . . . . . • . . 33 Jurassic Perioo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Cretacec>us Pericx:I • . • . . • . . • . . • • . • . . . . • • • • . • . • . • . . . . 34 El::x::ene PeriOO • • • • • • • • • • • . • . • • • • • • • • • • • • • • • • • • • • • • • 34 Pleistocene Period ...... , . . • . . . • . . • . . • . • • • • . . . . . . . 34 S\.ulJna.cy • • • • • • • • • • • • • • • • • • • • , , • • • • • • • • • • • • • • • • • • • • • 35 Archaeological Resources ...... , ........... , ... , . . . . . . 35 In trc:x:iuc tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Literature Search Results••••••••••••••••••••••••• 35 In-Field Survey Results ............•.............. 37 Field Techniques ........ , .• , . . . . . . . . . • . • . . . . . . . . • . 37 Liini tations ............. , . . . . . . . . . . . . . . . . . . . . . . . . . 38 Si t.e Fo~ ......................... • .......... • .. ■ 38 Archaeological Sites Within the Study Area•·•••••• 38 Previously Recorded Sites ... , . . . . . . . . . . . . . . . . . . 38 Newly Discovered Sites••••••••••••••••••••••••• 44 vii Chapter "IV Chapter V REFERENCES APPENDIX A A'I'l'ACHMENI'S Historical Resources•••••••••·····•·····•·••••••••••• 46 Historic Buildings Survey•••••••••••••··••••····•• 46 Criteria for Inclusion in the Historical Resources Inventory and Assessment . • . . . . . . . . . . . . . 46 Identifying the Structures••••••·•••·······•·••••• 47 \Tolunteers • • . • • . . • • • • • . • . . • . . • . . . • • • • • • • • • • • • • • • • • 48 Research Methods • • . • • . • • . • • • . • • • . • • . • • • . . . • . . . . . • . 48 Field Methc:x:ls ••••••••••••••••••••••••• , • • • • • • • • • • • 49 Historical Write~·•·•••••••••••••••••••••••••••• 50 Format • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 51 Photograiils, ~scriptions and Histories of Historic Buildings••••••••••••••••••••••••••••••• 52 Features of the Built Environment•••••••••••••••••••• 121 Natural Resources·••••••••••••••••••••••••••••••••••• 136 SI~IFICANCE OF CUL'.IUPAL RESOUICI:S IN THE PII.Dr ARFA. SURWY ••••••• , •••• , •• , ••••••••••••••••••••••••• , , , 141 Introducti01. • • . . • • • • • • • • • . . • . . . • . . . • • • . • • . . • • • • • • . • • • 141 Paleontological Significance•·•·••••••••••••••••••••• 141 Archaeological Significance•••••••••••••••••••••••••• 141 Archaeological Site Evaluation Criteria••••••••••• 144 Historic/Architectural Significance••••••••••••·••••• 147 Features of the Built Environment: Significance ••... 147 Natural Resources Significance••••••••••••••••••••••• 148 ASSF.SSMmr OF CTJLTURAL RF.SOUH::l:S AND ROC<M1ENO\TICNS FOR PRESERVATIOO ••••••••• , , , •• , , ••• , , ••• , • • • • • • • • • • • • • • 151 Introouction ... , ..... , ...•..... , . . . . . . . . . . . . . . . . . . . . . 151 Paleontological Resources•••••••••••••••••••••••••••• 151 Archaeological Resources•••••••••·••••••••••••••••••• 152 Historical Resources••••••••••••••••••••••••••••••••• 154 Features of the Built Environment••••••••••••·••••·•• 158 Natural Resources . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . 158 •••••••••••••••••••••••••••••••••••••••••••••••••••••••• 163 Paleontological Report••••••••••••••••••••••••••••••••• 185 1. Persons and Institutions Consulted···•••••••••••·•• 196 2. Letter from the California State Historic Preservation Officer ...........................•... 198 3. Project Personnel . • . . . • . . . . . . . . . . • . . . . . . . • . . . • . . . . . 200 4. California Depart::mant of Parks and Recreation Archaeological Site Survey Record (DPR-422) ........ 202 s. Archaeological Site canp.iter Record Form ( FOI'll\ ACF-1 ) •••••••••••••••••••••••••• , • • • • • • • • • • • • 206 viii 6. California Department of Parks and Recreation Historic Resources Inventory Form (R-523) •••••••••• 216 7. Historic Site canputer Record Form (Form HSCF-1) ... 220 ix ASSESSMENT OF CULTURAL RESOURCES AND RECOMMENDATIONS FOR PRESERVATION IUI'OOCUCI'IOO 'lhe soope of work completed for the present study was in sufficient detail to provide an adequate inventory of known and recently discovered cultural resources and provide a thorough survey of the areas delineated on Map 11 and discussed within the narrative sections for each resource type. In addition, literature search data are conplete for the entire pilot area study. Interpretation and analysis of data recovered during this study high- lights and undersoores several main points: 1. 'Ihe salvage and preservation of cultural resources in the study area has to date occurred primarily on a catch-as-catch-can basis, with minimal organized effort. 2. Historic sites have generally been preserved and maintained, thus retaining a significant portion of historic Carlsbad. 3. Archaeological and paleontological sites have undergone severe disruption in spite of efforts by local City and County agencies to preserve or salvage such resources. 4. Lagoons, ancient sea terraces and other significant natural features have undergone varying degrees of alteration. No organized, uniform resource management plan has been developed for lagoons and natural features. 5. 'lhe study area possesses a corrbination of significant cultural resources which warrant preservation and enhancement. 'Ihe assessment and reoornmendations provided below are based on current guidelines and concepts of cultural resource management. If these recanmendations have one central theme, it is that cor~rehensive programs and integrated approaches are necessary to preserve significant resources. PALECNIDU.X,ICAL RESOURCES 'Ihe paleontological resources within the survey area deserve protection for their scientific, educational and cultural values. Many localities already have been lost or are nCM being destroyed, as at Laguna Riviera and Rancho La Costa. Wherever possible, remaining localities should 151 be preserved and kept accessible, at least to professional paleonto- logists. '!he possibility that late Pleistocene fossils can be related to early human occupation and environmental change also warrants further study. New fossil localities opened by future excavations should at least be made temporarily accessible, if they cannot be permanently pre- served. In the study area, new exposures are very likely to uncover fossils, especially in the zone of the existing Eocene vertebrate localities, in the Cretaceous rocks of Letterbox Canyon, and in surface Pleistocene deposits bounding the lagoons. Foraminifers, pollen and spores, and other microfossils, are especially likely to be discovered, even in existing exposures. All suitable rreasures should be taken to assure, wherever possible, that paleontologic sites of unique character or unusual quality be kept available for future study or at least be made available for study before their destruction. Measures for preservation could include open space easements, integration into park lands or establishment of multi- resource preserves. Areas that contain nore than one resource, e.g., archaeological-paleontological resources, oould be set aside for future study and evaluation. Such preserves could also oonstitute semi- natural buffers between urbanized areas. ARCHAEOLJ:X;ICAL RESOUOCES Archaeological resources in the study area vary from sites apparently possessing little scientific, cultural or aesthetic value, to sites that warrant preservation and intensive study. At this tirre, it is not possible to fully assess the 101 archaeological sites in the study area by National Register Criterion (d). In brief, Criterion (d) states that properties may qualify for the National Register if they have yielded or might yield data or information significant to inter- preting the prehistory or history of an area. Although each site in the study area can no doubt yield sorre information, it is doubtful if all 101 sites warrant National Register status. However, based on the present study, it aH)ears that 22 sites may warrant National Register nomination, e.g., CPCr21 25, 28, 36, 40, 42, 46, 51, 52, 54-57, 64-69, 79, 86, 89, 128. '!he State Historic Preservation Officer, his staff and his advisors require a nore detailed analysis of potential National Register status sites than is feasible within the scope of work for this study. Ex- cavation, data analysis, contacts with native Americans aoo evaluation of retrieved data all must be considered as methods of collecting and synthesizing information for potential ncmination to the National Register. '!he Archaeological Site Evaluation Criteria (ASEC) as proposed by the San Diego County Archaeological Site Criteria Task Force was not awlied to archaeological sites in the study area. The criteria no.\f uooer review were in a draft stage at the time field work was con- ducted for the current study in May and June 1978. Because site 152 evaluatioo by the ASEC requires in-field assessment, it is not feasible to attempt to apply the criteria to sites after the fact, although the 22 sites listed above certainly fall within the higher thresholds of significance. Future evaluation of any sites within the study area should follow the Archaeological Site Evaluation Criteria or similar locally gen- erated criteria system. Although recent reviews of the ASEC have cited ambiguities and need for revision within the various categories of criteria, the ai;:proach is sotmd and will ultimately provide a successful rnethoo of site evaluation. Full assessment of scientific, cultural, ethnic and social values should be canpleted not only on a site-by-site basis, but integrated into a cohesive and comprehensive analysis. Every effort should be made to avoid duplication of fieldwork and research. 'Ihis study can provide a valuable overview of the study area and should be used as a major planning tool. However, future projects within the area actually inventoried and surveyed will still require archaeological evaluation and assessment. 'Ihe data provided here should be used as baseline information. Changing research goals, combined impairment of sites and socio-economic values should be considered. Considerable arrounts of time and money could be saved if cx:mnunity planners, local agencies and developers pursued broader, nore syn- thesized environmental studies. 'Ihe current patchwork approach to archaeological resource inventory and assessment is wasteful both in terms of time and cost, and often defeats the purpose of environmental protection or cultural resource management. Future plans for open space, park lands or gane or botanical sanctuaries should make every effort to include significant archaeological resources within the confines of such projects. Preservation of archaeological resources through stabilization or placement in areas exempt from developrent is often preferable to costly salvage excavation. Future land swaps, public purchase of private lands aoo condemnation of land should consider early inventory and assessment of potential archaeological sites. Public purchase of private land only to find a major archaeological site that poses a significant constraint to development plans could be avoided by early resource inventories. In brief, the archaeological resources within the survey area con-stitute varying levels of significance. At least 22 sites are potential candidates to the National Register of Historic Places. others contain Il\'.)re limited scientific or cultural value but may, upon further in- vestigation, qualify for National Register or State Landmark status. Long-range planning and an emphasis on preservation rather than ex- pensive salvage operations are preferable means to mitigate potential adverse impacts while allowing continued developnent. When required, salvage mitigation through excavation and analysis should be done in a comprehensive 1nanner to ensure that archaeologists are not duplicating efforts. Criteria for archaeological site signi- 153 ficance should reflect those levels of significance presented in this report and the guidelines currently being formulated by the County of San Diego. HIS'IDRICAL RESOURCF.S '!he historical resources within the study area are conp:>sed al.roc>st exclusively of houses or structures, with the exception of those features discussed in the following section of features of the built environment. The project architect has evaluated these resources for National Register status potential and local architectural/historical significance. The historical resources were evaluated and ranked as discussed in the following section. It is possible that changing historic values and depletion of existing architectural styles will justify later reevaluation of this detennination. Each site was evaluated on its own merit and was assigned a ranking as follows: Site Ranking 1 ... a site which may have the potential to meet criteria for inclusion in the National Register of Historic Places. These sites should be further researched and steps toward designation and oonservation taken where appropriate. '!be Pilot Area Survey found five sites which met the criteria for ranking as a 11111 (listed below alphabetically). (Note: In all in- stances the historic name for the site is listed in parentheses; the year of initial construction is listed in parentheses following the cannon name(s). Where the name and/or use change of a site is krx:)wn, the date in parentheses follCMing either the historic name or the camon name is the date of initial construction or the date of a subsequent change.) Royal Palms Motel Beach and Tennis Club (Alfred Cohen House) (1927) 3001 carlsbad Boulevard santa Fe Depot (Atchison, Topeka and Santa Fe Railway Depot) (santa Fe Depot) (1887) 1200 Elm Avenue carlsbad Mineral Spring Hotel (Carlsbad-by-the-Sea) (1929) 2855 carlsbad Boulevard Luther Gage House (1930) 3080 Lincoln 154 Rancho Agua Hedionda Adobe (1842) (Juan Marron Adobe) 2770 Sunny Creek Road Site Ranking 2 ... a site which has historic significance of local iJnix:>rtance. 'Ihese sites should be oonsidered for research and preservation. In sane instances, a site was ranked as a 112" rather than as a 11111 due to extensive and largely unreoorded changes, additions and rerrodeling fran the original. '!he Pilot Area Survey detennined that six sites met the criteria for ranking as a 11211 (listed alphabetically). Myer House (Culver House) 3140 Highland Magee House (1887) (Samuel Church Smith House) 258 Beech Rancho de la Motte Kirmse (1886) (Shirley House) 1542 oak St. Michael's by-the-Sea Chapel (1894) St. Michael's Episoopal Church 2775 Carlsbad Boulevard Six Twenty Four Laguna (Kreutzkamp House) 626 Laguna '!win Inns (1886) (Schutte House) 2978 Carlsbad Boulevard Site Ranking 3 ... a site which meets the established criteria for inclusion in the Pilot Area Survey but which is not considered to be a prime candidate for preservation. 'Ihese sites should be further researched, conplete measured drawings made, and photographic records taken as a means of assessing their potential significance. If research shows a site to have nore historical significance than was discovered in the course of the Pilot Area Survey, that site should be raised to a higher ai::propriate ranking. 'lhe newer structures are included in this section as they fit the criteria for the Pilot Area Survey and should be treated as having historicity. 155 It must be emphasized that all of these structures in this ranking have definite historic value. Although they do not currently appear to warrant National Register nanination, their inclusion in this survey is by itself a measure of historical significance. '!be remaining 22 sites are ranked as "3" (listed alphabetically). Anderson Cottages (c. 1940) 3044 State Street Apex Hotel (c. 1920) 3200-3206 Carlsbad Boulevard ADny and Navy Academy (1936) San Diego ADny and Navy Academy (Red Apple Inn) (1927) Carlsbad Civic Center (1967) 1200 Elm Killian Block Cannercial Buildings (c. 1920's) 2900 Block -State Street Deckleman Residence (1894) 1448 Forest Avenue John A. Frazier Well (1883) and Alt Karlsbad (1965) 2802 Carlsbad Boulevard Gaus Residence (1922) 3162 Jefferson Greenwood House (1935-40) 1166 Elm Avenue Hess House (1889) 3048 Jefferson Hill Cottage (possibily c. 1910) 3112 Lincoln Vermilyea House ( c. 1925) Killian House 645 Grand Frank Knowles House (c. 1899) 380 Cedar Ocean Vista Cabins (Ocean Vista Motel) (c. 1920) 2005 North Highway 101 156 Pebble House 3839 Garfield St. Patrick's Catholic Church (1926) 3075 Harding Ramsay House (c. 1890) 1330 Chuparosa Schindler House (1927) (Clark Shaw House) 3081 Highland Carlsbad Union Church (Old Carlsbad Union Church) (1925) 800 Pine Magee Gardens (1887) (Colonel Ward House) (Alexander Shipley House) 2747 Carlsbad Boulevard Young House (c. 1900) 352 Cedar wright House (c. 1888) 1088 Laguna Although only five sites are considered as possessing potential for National Register nomination, the historic resources discussed in this report are, nevertheless, significant features in the local architectural/ historical m:>tif. Future developrent or plans for dercolition of these features may be considered by many as potential adverse impacts to important resources. Local architects am historians should work with owners and government agencies to plan or explore the possibilities for preservation of historic resources. Alternate use of dwellings otherwise scheduled for dercolition may be one way for owners to realize economic gain while retaining the archi- tectual/historical flavor of the structures. The '!win Inns and Magee Gardens are successful examples of conversion of dwellings into restau- rants. Similarly, the Alfred Cohen house becarre the Royal Palms Motel, the Santa Fe Depot is now the Chamber of Ccmnerce office, and the Green- wood House is the Carlsbad Park and Recreation Department's office. It is reconmended, and hoped, that the citizens and officials of Carlsbad continue their ao:iuisiticn and revitalization of historic structures. The historic comnunity and other interested citizens should be encouraged to continue their active role in maintaining and preserving their architectural/historical heritage. The Carlsbad Historical Society should work with the State Historic Preservaticn Officer and his staff to explore possible grants and programs to fuoo and implement additional research and preservation. 157 J ~:~ . ,·.,:.:.#f.::.tlli!' "~~ . rot r;ssoeiates ;~.-~-~ :~::: :~ .. : ' PREPARED FOR: City of Carlsbad Housing and Redevelopment 2965 Roosevelt Street Suite B Carlsbad, California 92008 PREPARED BY: ROTH AND ASSOCIATES 2707 Congress Street Suite 2A San Diego, California 92110 February 18, 1990 C_ITY OF CARLSBAD CULTl/8.~t RESOURCES SURVEY FINAL TABLE OF CONTENTS INTRODUCTION SCOPE OF WORK TECHNICAL APPROACH Archival Research Phase Field Research Phase Architectural Description Phase Technical Limitations HISTORIC CONTEXT RESULTS Prehistoric-Post WWII Evolution of Building Styles Record Searches Archival Map Indications Inventory Summary RECOMMENDATIONS REFERENCE APPENDICES A B Historic Maps: 1925 Sanborn Fire Insurance Maps Historic Maps: 1929 Sanborn Fire Insurance Maps (Not Attached) 5 7 10 11 27 29 70 81 85 88 116 134. lndlvldual structural assessments/histories arranged alphabetically be streets: Book 1: Adams-Crest Book 2: El Camino Real-Highland Book 3: Jefferson-Madison Book 4: Magnolia-Spruce Book 5: State-Outside Core Areas INVENTORY SUMMARY Through a combination of 100% survey, sample survey, windshield survey, community input and archival research, 325 historic properties including structures (314), locales (4) and features of the built environment (7) were evaluated as potentially historic sites reflective of the identified patterns, events, persons, architectural styles and cultural values important in the changing fabric of Carlsbad. The "locales" include the Kelly Stage Stop, Homestead site of Los Kiotes (later Rancho de los Quiotes), Calavera School site, and Stage Coach Park. "Features of the built environment" evaluated during this investigation include Hosp Grove, Highway #101, Bridge on Carlsbad Blvd., Calavera Lake/Dam, Calavera Rock Quarry, El Camino Real, and the rock retaining wall at the foot of Beech St Although only 11 of the identified resources are considered potentially eligible for nomination to the National Register of Historic Places (5) or inclusion as a California Historical Landmark (6), the historic resources discussed herein are, nevertheless, significant features in the local architectural and historical growth of this community. Inclusion was both lengthy and time consuming. Inclusion of structures was based on recognized architectural styles, the presence or absence of older vegetation, position on the lot, informant information and analysis of historic photographs depicting the city. The inclusion of non-structural resources was based on archival research. The majority of the structures are associated with the 1920-1942 growth of the city. However, as illustrated on Table #1, Carlsbad contains, at the least, 24 extant buildings and/or features reflective of the defined earlier periods of historic development. The Inventory includes three levels of documentation. All 325 identified resources were photographed, mapped as to location, and given both a condition and potential significance grading. Two hundred thirteen (213) of the total contain only this level of documentation presented on a short one page form (keyed as "C" on the Summary Table). The above data combined with a detailed architectural description was provided for 65 of the structures (keyed as "B" on the Summary Table). These are 88 primarily the small bungalow/cottage and vernacular homes and the commercial buildings constructed during the 1920-1942 period; buildings which individually are neither architecturally nor historically unique but which provide a representative sample of building types of the period. The historical events which relate to the construction of these structures is discussed in detail in the text and within selected inventories. The level of documentation for 47 of the historic resources included a detailed architectural description and an indepth historical significance statement (keyed as "A" on the Summary Table). Resources addressed in this manner included the structures initially evaluated in the 1980 Regional Historic Preservation Study ,properties listed on the City of Carlsbad Historic Resource Inventory and those sites which research indicated were potentially important in symbolizing the defined temporal and topical themes. Table #1 defines the specific level of investigation for each resource. Although "condition" does not alter either the architectural or historical significance of a particular resource, it is often used in determining the potential for restoration, rehabilitation or remodeling. Four arbitrary levels of condition were used in this study: "excellent", "good", "fair", and "deteriorated". What could be considered "good" in a middle or lower class neighborhood could be considered "fair" or "deteriorated in an upper middle-class area. There is no consistent or concise way of measuring condition without an examination of the structural soundness and integrity of each house. It is important to note that all evaluations of condition made for this study were based on exterior facade, and in many cases only the front facade. Most, if not all of the exterior conditions grade into adjoining categories. (i.e. some buildings have a good front facade but the rear of the structure is rapidly deteriorating. Some buildings have new stucco with associated rotted or unreplaced wood elements; others appear to have a good exterior but the residents report that the house "is ready to fall down". The listings shown in the breakdown for each house represents blending rather than mutually exclusive categories. For the most part, "fair" and "good" could be interchanged, while "excellent" and "deteriorated" represent the two extremes. The overall results for each structure evaluated for condition are as follows: 48 were rated as "excellent", 9 as "deteriorated", the remaining 257 fell into the "good" to "fair" listing. 89 In the 1980 Regional Historic Preservation Study,the thirty-three (33) evaluated structures were given a ranking or grade of 1-3: 1 :site potentially meets the criteria for inclusion in the National Register (5); #2 :site has historic significance of local importance (6); #3 :site meets criteria for inclusion in survey but is not considered to be a prime candidate for preservation (22). The researchers are in agreement regarding the initial evaluations of the 28 resources ranked as #2 and #3. However, as a result of the current assessment only two of the five resources listed in 1980 as potentially eleigible for the National Register meet the criteria (Santa Fe Depot and Rancho Agua Hedionda adobe). For the ROTH AND ASSOCIATES study, each site was prioritized according to architectural/historical significance using a slightly different grading system. (The original 33 were reassessed based on current condition and additional background research. The grade given each corresponds to the following: Grade 1 : Major Significance: Potential National Register Resource (5); Grade 2 : Significant: Potential California State Register (6) Grade 3 : Local Carlsbad significance (93) Grade 4 : Site designated for recognition purposes only; individually neither architecturally nor historically unique yet meets criteria for inclusion as a pan the historic fabric. On a per-site basis additional research may be warranted if demolition is planned; upgrading to a #3 possible; many of these resources have been given a 3/4 grading (223). As defined in the technical approach, there is no ideal typology for defining house types. In describing the physical appearance of a structure, the researchers selected distinctive exterior features that create a full and accurate verbal picture (i.e. shape, framework, finish, accents). True "styles" do exist within the study area and are represented in commercial buildings, churches, hotels/auto courts, and homes. They include the following: (for definition of style is Architectural Description Phase within Technical Approach). 90 Queen Anne Victorian (2) Address Const. Date Condition Rank 2978 Carlsbad 1887 excell/good 1 3140 Highland 1887 excell/good 3 Carpenter Gothic (2) Address Const. Date Condition Rank 2775 Carlsbad 1894 excell/good 3 400 Elm 1887 excellent 1 Neo-Classic (1) Address Const. Date Condition Rank 3081 Highland 1920-32 excell/good 3 Monterey (1) Address Const. Date Condition Rank 3080 Lincoln 1925 excell/good 2 Spanish Eclectic (10) Address Const. Date Condition Rank 3640 Adams 1923 excell/good 3 2855 Carlsbad 1929 excell/good 3 2585 Carlsbad 1927 excellent/good 3 2560 Carlsbad 1927 good 3 3003 Carlsbad 1929 excell/good 3 3384 Highland post-1928 excell/good 3 2901 State 1925 good 3 Haymar (remodel) 1842 excell/good 2 2770 Sunny Creek 1842 ex cell/good (remodel) Rancho Los Quiotes 1935-1939 good/fair 2 91 Craftsman (4) Address Const. Date Condition Rank 351 Beech pre-1919 excelVgood 3 1330 Chuparosa 1904 good 3 1196 Magnolia pre-1929 good 3 1212 Oak pre-1929 excelVgood 3 Colonial Revival:(2) Address Const. Date Condition Rank 4095 Highland 1929 excelVgood 3 1257 Magnolia post-1929 excelVgood 3/4 92 The majority of extant structures fall into the categories of cottage/bungalow and vernacular. Although these tenns refer more to size and form than style, they have been separated because they were not, as a rule designed by architects nor do they, in the strict sense of the word, reflect "high-style" architecture. Those identified as cottage/bungalow were typically the mass-produced homes of the early to mid-20th century which contain only subtle elements of recognized style. Based on definitions presented in Gowans (1987), Blumenson (1981), Harris (1989), Longstreth (1987), and various articles found within the Old House Journal , six (6) types of bungalow/cottage housing were distinguished within the study area: Craftsman elements (40), Spanish eclectic elements (39), Tudor elements (5), Colonial Revival elements (1), Pueblo elements (1), and Folk Victorian elements (5). The remaining were classified as Vernacular. "Vernaculars" are typically structures with basic functional form, straight lines and virtually no design elements; this building type occurs throughout the defined historic periods (See Table #1 for individual breakdowns). Individual bungalow/cottages and vernaculars as to condition and grade are as follows: 93 Cottage/Bungalow with Spanish Eclectic :(39) Condition: Total Grade: Total excellent 2 1 1 good 25 2 0 fair 10 3 8 deterior. 2 4 30 (3/4) with Craftsman: (40) Condition Total Grade Total excellent 13 1 0 good 21 2 0 fair 6 3 9 deterior. 0 4 21 (3/4) with Tudor: (5) Condition Total Grade Total excellent 1 1 0 good 3 2 0 fair 1 3 3 deterior. 0 4 2 (3/4) with Pueblo Revival (1) Condition Grade excellent 3 Colonial Revival (1) Condition Grade excellent 3 with Folk Victorian (5) Condition Total Grade Total excellent I I 0 good 3 2 0 fair I 3 3 deterior. 0 4 2 (3/4) with Vernacular:(182) Condition Total Grade Total excellent 7 1 1 good/fair 169 2 0 deterior. 5 3 27 4 154 (3/4) 94 When no true style was evident, commercial structures were listed spearately and described as either one-part or two-part. Eleven (11) buildings (or groups of buildings) fall into this category. All are along State and Elm the historic core and main artery of Carlsbad. Most have undergone recent rehab and are in excellent to good condition. Two were ranked as 2; 8 as 3 and 2 as 3/4. Six barns were located within the study area and include two at Los Quiotes, the Kelly barn; one at 2770 Sunny Creek Road, one· in Magee Parle and one associated with 3140 Highland. Each is discussed within the associated inventory and were not included in the above total counts. In order to qualify for the National Register, a property must possess significance in American history, architecture, archaeology, engineering, or culture; must be representative of significant themes or patterns; must retain the characteristics that make it a good representative of those identified themes or patterns (Le.degrees of integrity of location, setting, design, materials, worlcmanship, and feeling); and must meet one or more of the specific criteria. These criteria identify properties significant for their ability to characterize, illustrate, reveal or recall those specific elements recognized by the public or professional and scientific community as important in understanding of our past as a nation (National Park Service 1982:9,17; Federal Register 1983; 36 CFR Part 60- 64,66,800 and 1210 Appendix B). The structures included and ranked in the inventory were selected on the basis of environmental, architectural, historical and cultural significance. The questions used in the 1980 study were asked in assessing the potential significance ranking of the selected resources: Historical and Cultural Significance * * * * Is the building particularly representative of a distinct historical period, type, style, region, way of life? Is it an example of a type of building which was once common but is now rare? Is the building of greater antiquity than most of similar style or type? Is the building connected in any way with someone famous, important, or a local personalty? 95 * * Is the building associated with a business or use which was once common but is now rare? Is the architect, builder or original owner famous or well-recognized in areas of National importance? Architectural Significance * * * Are construction material used in an unusual, significant, or effective manner or style? Does the building contain original materials or workmanship which can be valued in themselves? Is the structure especially well-preseived or could it be restored to its fonner condition? Neighborhood Setting * * * Is it particularly well-related to its site or to existing buildings? Does it express its function or method of construction well? Is the structure visible or accessible to the public? Is the surrounding land use significant f~ctor in preseivation of the structure? In addition to these questions, temporal and overlapping thematically-specific themes were developed around which the historical importance of the resources were assessed. These themes (presented in the Historic Context and detailed in the individual inventories, included the following: Hispanic/Mexican Period (1769-1946), Early Ameri- can Pre-Railroad Era (1846-1881), the Railroad and Land Boom Years (1881-1890), the No Growth Decades (1890-1914), the Expansion Decades following World War I (1917- 1932), the Depression and Pre-World War II growth) are tied to the following themes: settlement and changing demography, water control, transportation systems' effect on community landscape, agricultural changes, land speculation and advertising's effect on development, and minorities' role in the economy. Extant structures from the mid to late 1920's are symbolic of the growth, changing land use and the architecture of the period. 96 Sub-themes of that era symbolically representing promotional development, entertain- ment, commercial development, tourist accommodations, construction needs, religion, agricultural changes, and varied home styles are represented. Many of the sites were used throughout the historic period (this is detailed in the individual histories). Where applicable, the topic-specific themes which individual structures represent are in parenthesis. Hispanic Period Stage Coach Park (settlement/agriculture) 2770 Sunny Creek Road (Rancho Agua Hedionda) (settlement/agriculture/Mexican American Building Styles) Marron Adobe on Haymar Road (settlement/ Mexican-American Building styles) El Camino Real (settlement/transportation) Early American/Pre-Railroad 2770 Sunny Creek Road (settlement/agriculture/changing land use) Stage Coach Park (settlement/mercantile/transportation), Marron Adobe Rancho de los Quiotes (site not structures) (Homesteading/Agriculture) Stage Stop near Kelly Barn (transportation/settlement patterns) Railroad/Land Boom: Depot and sections of the line (400 Elm) (transportation/settlement/land speculation/promotion/ architecture) Frazier's Well (2802 Carlsbad Blvd) (settlement/water control/promotion) Schutte Residence (2978 Carlsbad Blvd) (architecture settlement/ land speculation/promotion) Shirley Residence (1542 Oak) (same) Culver House (3140 Highland) (same) Samuel Church House (258 Beech) (same) 97 No Growth Decades: Irwin and William Kelly farm sites (El Camino Real) ( agriculture/settlement patterns/architecture) Kreutzcamp House (642 Laguna) Hess House (3048 Jefferson) Hill House (3112 Lincoln) Beller House (1448 Forest) Young House (352 Christiansan) Knowles House (380 Christiansan) St Michael's by the Sea (2775 Carlsbad Blvd.) (religion) Ramsay House 1330 Chuparosa Way) Calavera School site (education) Hosp Grove (changing economics) Expansion Decades: Promotional Development:(Land Speculation/advertising) South Coast Land Co. (2956 State St.) Financial First National Bank of Carlsbad (505 Elm) Entertainment: Carlsbad Theatre (2822 State St.) Commercial Development: Killian Building (2900 State St.) Tourist Trade: Hotel Los Diego (2901 State) Shade-A-Sea Auto Inn (2560 State) Red Apple Inn (2585 State) Carlsbad Mineral Springs Hotel ( State) Construction Needs: Geib Lumber (2787 State) Home Builders Store (471-425 Elm) Calaveras Rock Quarry 98 Religion: St. Patricks Catholic Church (2650 Garfield) Mission Santiago (3329 Roosevelt) Advent Christian Church Camp (2476 Mountain View) Agriculture: Packing sheds along tracks Ledgerwood House (3862 Carlsbad Blvd) Wilson House (2691 Crest) 2916 Highland 519 Chinquapin (rear) Pedley House (314 Date) Estates: Cohen House (3003 Carlsbad Blvd) Shaw House (3081 Highland) Gage House (3080 Lincoln) Ingram House (3640 Adams) Bowman cobble wall (foot of Beech St.) Barrio Settlement: Ramierez house (3309 Roosevelt) Mass-Housing/Bungalow/Cottages: The majority of the buildings listed on the short forms of the inventory Depression Era: Rancho de las Quiotes Army-Navy Academy Calaveras Dam Changing transportation routes (Highway 101) When studied as individual, isolated buildings, the majority of the structures within the defined study area do not qualify for federal, state or local historic designation. These homes, generally of no distinctive textbook style, were primarily dwellings of middle-class and blue collar workers who left little or no record in the local annals. The structures are neither architecturally nor historically unique. Although often in poor or deteriorated condition, some of the homes selected as of possible local importance were chosen because they were either good examples of the small, single- family home built in the early decades of the 20th century or they are known to have been built or lived in by early inhabitants of this community. A breakdown of Historic Site Board Grade is as follows: (Due to the large number of Grade #4 's they are not individually listed (see Table 1)) 99 Address Potential National Register/Grade 1 (5) Style 2978 Carlsbad Blvd 400 Elm 3309 Roosevelt 3329 Roosevelt 2770 Sunny Creek Queen Anne Victorian (1887) Carpenter Gothic (1887) Vernacular (1918) B/C Spanish (1923) Adobe rehab (1842) outbuildings ( c.1900) Address Potential California Level Significance/Grade 2 Style El Camino Real Kelly Barn Haymar Rd. Adobe 3080 Lincoln 2956 State Rancho Los Quiotes Stage Coach Park LAND MARK # 784 vem. barn 1906 remodel-Spanish 1842 Monterey 1925 Spanish Eclectic (pre 1925) Spanish (1935-39) Adobe ruins (1842) 100 Condition ex/good excellent fair/deter. fair/deter. excellent fair/deter. Condition n/a deter. exceVgood ex/good ex/good fair/good deter. Potential Local Significance/Grade 3 Note: the structures, locales and products of the built environment listed below provide a range of ages, styles and functions reflective of the entire span of growth and settlement within Carlsbad. For individual style/construction date and condition is Table #1. 3640 Adams 1432 Basswood 258 Beech (house and barn) 327 Beech 351 Beech 2560 Carlsbad Blvd 2585 Carlsbad Blvd 2775 Carlsbad Blvd 2802 Carlsbad Blvd 2855 Carlsbad Blvd 3003 Carlsbad Blvd 3406 Carlsbad Blvd 3862 Carlsbad Blvd 142 Chestnut 1088 Chestnut 352 Christiansen 380 Christiansen 1330 Chuparosa 2597 Crest 2691 Crest El Camino Real William Kelly fann site 417 Elm 50 Elm 560-62 Elm 571 Elm 1166 Elm 1265 Elm 1448 Forest 2650 Garfield 3288 Garfield 3363 Garfield 3839 Garfield 2916 Highland 2987 Highland 3307 Highland 3016 Highland 3081 Highland 3140 Highland 3384 Highland 3788 Highland 3789 Highland 3828 Highland 4095 Highland 2801 Jefferson 101 2892 Jefferson 3048 Jefferson 3971 Jefferson 270 Juniper 1101 Knowles 609 Laguna 624 Laguna 31 12 Lincoln 2738 Madison 3475 Madison 1098 Magnolia 1196 Magnolia 2476 Mt. View 1212 Oak 1542 Oak 4050 Parle 4055 Parle 2096 Roosevelt 292 IB Roosevelt 3255 Roosevelt 3304 Roosevelt 3312 Roosevelt 3379 Roosevelt 342 Roosevelt 2639 State 2787 State 2822 State 2900 State 2940 State 2998 State 3044 State 3077 State 168 Sycamore 310 Tamarack 3190 Tyler 3176 Tyler Bridge on Carlsbad Blvd Highway #101 Calavera Lake/Dam Calavera Road Quarry Calavera School Site Hosp Grove Rock Retain Wall at foot of Beech Kelly Stage Stop Working Paper 4 History, the Arts and Cultural Resources; High Quality Education and Community Services Envision Carlsbad Existing Conditions and Issues Exploration www.carlsbadca.gov/envision Working Paper 1 Sustainability Working Paper 2 The Local Economy, Business Diversity and Tourism Working Paper 3 Open Space and the Natural Environment; Access to Recreation and Active, Healthy Lifestyles Working Paper 4 History, the Arts and Cultural Resources; High Quality Education and Community Services Working Paper 5 Walking, Biking, Public Transportation and Connectivity Working Paper 6 Small Town Feel, Beach Community Character and Connectedness; Neighborhood Revitalization, Community Design and Livibility Consultants DYETT & BHATIA, Urban and Regional Planners DUDEK Environmental Consultants City Staff Lisa Hildabrand, City Manager Gary Barberio, Community and Economic Development Director Don Neu, Planning Director David de Cordova, Principal Planner (Project Manager) Chris DeCerbo, Principal Planner Jennifer Jesser, Senior Planner (Project Manager) Kristina Ray, Communications Manager Rachel McGuire, Communications Coordinator Barbara Nedros, Administrative Secretary City Council Matt Hall, Mayor Ann J. Kulchin, Mayor Pro Tem Mark Packard, Council Member Keith Blackburn, Council Member Farrah Douglas, Council Member Consultants Dudek, Environmental Consultants Fehr & Peers, Transportation Consultants Rosenow Spevacek Group, Inc., Economic and Fiscal Consultants BW Research Partnership, Inc., Public Opinion Surveyors This working paper prepared by Dyett & Bhatia and Dudek Envision Carlsbad Citizens’ Committee EC3 Primary Member Mike Howes Fred Sandquist Barbara Hamilton Jim Farley Jim Comstock Hap L’Heureux Gina McBride Julie Baker Eric Larson Allen Sweet Greg Nelson Kirk Cowles Diane Proulx Robert Gates Jeff Segall John O’Reilly Jeannie Sprague-Bentley – Sean Bentley EC3 Alternate Member Dr. Anne Spacie – – – Jack Cumming Robert Nielsen – – – – – Guy Roney Glen Etherington – – Jim Bradley Tina Schmidt Sean Sexton Chris Korogi I DYETT & BHATIA Urban and Regional Planners Contents 1 Introduction and Purpose ..................................................1 1.1 Background and Purpose ...............................................................1 1.2 This Working Paper ........................................................................1 2 Historic and Cultural Resources .........................................3 2.1 Historic Overview ...........................................................................3 2.2 Key Regulatory Context .................................................................8 2.3 Historic and Cultural Resources ...................................................11 3 Arts and Culture ...............................................................19 3.1 Institutions and Organizations ....................................................19 3.2 Events and Programs ....................................................................22 3.3 Support for the Arts .....................................................................24 4 Educational Resources .....................................................27 4.1 Childcare and Preschool ...............................................................27 4.2 Public Schools ................................................................................29 4.3 Private Schools ..............................................................................37 4.4 Higher Education ..........................................................................38 4.5 The Library System In Support of Lifelong Learning ..................39 5 Community Services ........................................................43 5.1 Police Services ...............................................................................43 5.2 Fire and Emergency Medical Services ..........................................46 5.3 Emergency Preparedness .............................................................48 5.4 Housing, Elderly and Community Services ..................................49 6 Planning Issues and Implications.....................................55 11 WP4: Existing Conditions and Issues Exploration location, design, setting, materials, work-manship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. Historic Preservation Commission The city’s Historic Preservation Commission consists of five members appointed by the City Council and one ex-official representative of the Planning Commission. All regular members must have knowledge of and a demonstrated interest in historic preservation and local history. The com- mission advises the City Council and Planning Commission on all matters related to the identi- fication, protection, retention and preservation of historic areas and sites. Duties include, but are not limited to, recommending the designation of historic landmarks or historic districts; main- taining an historic resources inventory; rendering advice and guidelines, upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping or mainte- nance of any historic area or site; and conducting programs to educate local residents on historic places, structures, or events. The Historic Preser- vation Commission has requested updates to the Municipal Code governing their work, which are currently making their way to Council. Changes pertain to the duties of the Commissioners and inventory it is charged with maintaining. In 1990, the city developed guidelines (City of Carlsbad Cultural Resource Guidelines) for the treatment of cultural resources consistent with federal, state, and local laws, as well as the Secretary of Interior’s Standards for Archaeology and Historic Preservation. The city’s guidelines establish standards of performance for resource investigation and present a systematic method of preserving identified resources. The guidelines are applicable to cultural resources from the prehis- toric through historic periods and are implemented during CEQA compliance.10 10 City of Carlsbad 1994 Final Master Environmental Impacts Report for the City of Carlsbad General Plan Update. March. The city’s current process for designating landmarks and points of interest is outlined in Section 22.06.030 of the city’s municipal code. This process is time-intensive, which could delay des-ignations and potentially compromise the historic importance of the resource if a building deterio-rates further during the process. Heritage Tree Preservation In keeping with direction from the Community Forest Management Plan (described in Working Paper #3), the City of Carlsbad prepared a Heritage Tree Report in two phases under the direction of the Historic Preservation Commission. Phase I (Village area) was accepted by the Historic Preservation Commission and the Parks and Recreation Com- mission (the Parks and Recreation Commission oversees implementation of the Community Forest Management Plan). Phase II of the report (including areas outside of the Village) has been accepted by the Historic Preservation Commission and is now pending review by the Parks Department staff and the Parks and Recreation Commission. It is antic- ipated that once sewer lateral issues have been resolved, both phases of the Heritage Tree Report will be presented to the City Council for inclusion in the Community Forest Management Plan. 2.3 Historic and Cultural Resources A 1990 report titled “Cultural Resources Survey City of Carlsbad” provides a summary of prehis- toric and historic resources in Carlsbad. According to this report, a total of 325 potential historic proper- ties including 314 structures, four locales and seven features of the built environment were evaluated as potential historic sites reflective of the identified patterns, events, persons, architectural styles and cultural values important in the changing fabric of the city. Of the 325 sites, only five were further identified as potentially eligible for nomination to the National Register of Historic Places and seven were identified as potential California Historical Landmarks. The following is a list of resources that were identified in the survey as potential listings on the National Register of Historic Places: 12 Envision Carlsbad www.carlsbadca.gov/envision • 2978 Carlsbad Blvd. (style Queen Anne Victorian, 1887) • 400 Elm Ave. (Carlsbad Village Drive) (Carpenter Gothic, 1887) • 3309 Roosevelt St. (Vernacular, 1918) • 3329 Roosevelt St. (B/C Spanish, 1923) • 2770 Sunny Creek Rd. (Adobe rehab, 1842; out-buildings, pre 1900s) The following is a list of resources that were identi-fied as potential listings as a California Historical Landmark: • El Camino Real (Landmark #784) • Kelly Barn (Vernacular, barn, 1906) • Haymar Road Adobe (Remodel-Spanish, 1842) • 3080 Lincoln Street (Monterey, 1925) • 2956 State Street (Spanish Eclectic, pre 1925) • Rancho De Los Kiotes (Spanish, 1935-39) • Stage Coach Park (Adobe ruins, 1842) While the remaining sites have not been identified as potential historic resources of federal or state listing, many are considered by the city as contain- ing significant features in the local architectural and historic growth of the community.11 Listed Historic Resources Several of the city’s local historic resources have gone through the process to be listed in or deter- mined eligible for listing in the National and California Registers as individual resources. The following properties, landmarks, or historic resources are currently listed. • The National Register of Historic Places has identified two listed historic properties within 11 Roth and Associates, Cultural Resource Survey City of Carlsbad, 1990. The Cultural Resources Survey exists as a survey but was deleted as an official record at the City Council Meeting on May 18, 1993. The properties noted in this survey are not on any city database and do not have any legal designation as historical. None- theless, as one of the few records of cultural resources in Carlsbad, the properties described in that survey as potentially historically significant are listed here for reference, the city: Carlsbad Santa Fe Depot (400 Carlsbad Village Drive) and Rancho De Los Kiotes. • The California Office of Historic Preservation has two historic landmarks listed in Carlsbad: Rancho De Los Kiotes and Frazier’s Well (Alt Karlsbad). • The San Diego Archaeological Center, a non-profit corporation dedicated to preserving archeological collections, has identified two historic sites within Carlsbad: the Carlsbad Historical Society Museum (e.g. the Magee House) and the Leo Carrillo Ranch Historic Park.12 A brief description of these resources is provided below and their locations are depicted on Figure 2-1. • Magee House (1). Magee Park, 258 Beech St. This craftsman’s style home was originally built by Samuel Church Smith, one of the founders of the Carlsbad Land and Water Company in 1887. The Smith family remained in the home until the 1890s when the California land bust forced them to sell their Carlsbad real estate hold-ings and relocate to National City. Alexander Shipley, a retired foreign service diplomat, pur-chased the home in the 1890s and relocated with his wife Julia and daughter Florence. In 1912, Florence married Hugh Magee, a descendent of an original California Estudillo Family, and moved to Condor’s Nest in Pala. She returned to Carlsbad in the 1940s after the death of her father and husband. As sole inheritor of her par-ent’s estate and having no children of her own, upon her death in the 1970s, Florence left Magee house to the City of Carlsbad as a historic and recreational park. The Magee House is currently home to Carlsbad’s Historical Society Museum, which offers views of life from the 1880s to pres-ent.13 The city has a license agreement with the Historical Society for use of this city-owned facility. 12 San Diego Archeological Center 2010. Historic North County San Diego Sites. Available at: http://www.sandiegoarchaeology.org/Cinch_Text.htm Viewed on Sept. 13, 2010. 13 San Diego Archaeological Center 2010 Historic North County San Diego Sites. Available at: http://www.sandiegoarchaeology.org/ Cinch_Text.htm Viewed on Sept. 13, 2010. 13 !(!(!( !( !( !( !( !( !(!( ") ") ") ") ") ")")") ") ")")")") ")")")") ")")")") ")")")") ")") §¨¦5 PALOMA R AI R P ORT RD P OI N S E T T I A LN AVIARA P K W Y LA COSTA AVE E L C A M INO R E A L A L G A R D P O IN S E T T I A LN PA LOMAR AIRPORT RD CAMIN O V IDA R O BLE EL CAMINO REAL CANNON RD F ARAD AY AVE CA N NON R D T A M ARACK AVE E L C A M I N O R E A L T A M A R A C K A V E C A R L S B A D B L V D C A R L S B A D B LV D M A RRON R D S A N DIEGO N O R T H E RN RR OCEANSIDE SAN MARCOS ENCINITAS Batiqu itos Lago o n Agua Hedionda Lagoon Buena Vista Lagoon Calavera Lake Squires Reservoir }}78 }}78 C A R L S B A D VILLAGE D R L A C O S TA AVE RA NCH O SANTA FE RD MCCLELLAN -PALOMARAIRPORT City of Vista City of San Marcos City of Oceanside City of Encinitas Marron Adobe Rancho deLos Kiotes Carlsbad Community Arts Center GIA Museum Museum ofMaking Music William D. CannonArt Gallery Leo Carrillo Ranch Historic Park Y X Beller HouseRamsay House D 4 3 4 9 8 7 Highway Major Road Railroad City Limits 0120.5 Miles Source: City of Carlsbad, 2009; SANDAG, 2008; Dudek, 2010; San Diego Archaeological Center, 2010; Dyett & Bhatia, 2010. Pacific Ocean !(!(!( !( !(!( ") ") ") ") ") ") ") ") ")") ")") ") ") ")") ")") ")")") ") G R A N D A V E O A K A V E C H E S T N U T A V E C A R L S B A D VIL L A G E D R PI N E A V E S T A T E S T R O O S E V E L T S T M A DIS O N S T JE F F E R S O N S T C H RIS TI A N S E N W A YBEECH W A Y LAGUNA DR H A R D IN G S T C A R L S B A D B L V D O C E A N S T P A L M A V E W A L N U T A V E PIN E A V E§¨¦5 S A N DI E G O N O R T H E R N R R LI N C O L N S T Carlsbad Village Theatre New Village Arts Theatre Carlsbad Historical Society St. Patrick's Church (Heritage Hall) Magee House St. Michael'sEpiscopal Church Old Santa FeTrain Depot Carlsbad Village Barrio Neighborhood 5 Frazier's Well/Alt Karlsbad G H I J K L M N O PQ R S T U V Red Apple Inn/Army Navy Academy W Kreutzkamp House Carlsbad TheatreLos Diego Hotel/ Caldo Pomodoro Restaurant South Coast Land Company/ Garcia's Barbershop KillianBuilding Twin Inns/ Ocean House Carlsbad Mineral Springs Hotel/Carlsbad-By-The-Sea Cohn House/ Norte Gage House/ Monterey Condominiums Ramirez House Barrio Museum Mission Santiago Gaus House Shaw House Shirley House Culver House Carlsbad SculptureGarden Carlsbad Cultural Arts Office Carlsbad HistoryRoom LAGUNA DR H I G H L A N D D RF E 2 1 1 2 3 6 10 5 Historic Resources ")Official Historic Resource ")Potential Historic Resource !(Cultural Arts Resource Figure 2-1 Historic and Cultural Arts Resources CITY OF CARLSBAD 500 ACRES 100 ACRES Old Carlsbad Other Potential Histortic Resources Carlsbad Village Old Carlsbad Barrio Neighborhood Working Paper 4 Figure 2-1: Listed Historic Resources 1111 CJ 1111 ,-------. : i L_ _____ , 15 WP4: Existing Conditions and Issues Exploration • Old Santa Fe Train Depot (2). 400 Carlsbad Village Dr. The depot was built in 1907 (replacing the first train depot built in 1887) by the Arizona Eastern Railway and also served as a telegraph office, post office, Wells Fargo Express Office, and general store. Later, this facility served as a shipping point for local fruit, vegetables and flowers. Closed in 1960, it is now the home of the Visitor’s Information Center.14 • Leo Carrillo Ranch Historic Park (3). 6200 Flying Leo Carrillo Ln. The Carrillo Ranch was once home to a cowboy actor named Leo Carrillo. Leo Carrillo’s grandfather was the Mexican governor of California in 1837, and his father, the first Mayor of Santa Monica. Leo, his wife Edith and their daughter Antoinette all lived in the pueblo-style adobe house. The city has stabilized, preserved and restored many of the historic ranch buildings. The San Diego Archaeological Center has identified this site as a historic resource.15 The city holds several events each year at the ranch such as the Leo Carrillo Film Festival, Wild Wild Fest, Dinner and a Movie, and Holiday at the Rancho. • Rancho de Los Kiotes (4). In 1868, the Kelly family homesteaded 10,000 acres of land imme-diately south of Rancho Agua Hedionda. In 1937, Leo Carrillo purchased 1,700 acres, plus 838 acres two years later, to construct his ranch (refer to Leo Carrillo Ranch Historic Park, above).16 • Frazier’s Well/Alt Karlsbad (5). 2802 Carlsbad Blvd. John Frazier, one of Carlsbad’s early pio-neers, tapped a mineral spring on his homestead in 1883, an event that soon led to stops by train passengers to drink this water, rumored to have miraculous curative powers. The origi-nal well was declared a state historical site in 1955. Owners Kay and Chris Christiansen built Alt Karlsbad in 1964, recreating a 12th century structure as a backdrop for their replica of the famous European namesake. 14 U.S. Department of Interior. National Park Service. National Register of Historic Places. Available at: http://nrhp.focus.nps.gove/ natreghome.do?searchtype=natreghome 15 Ibid. 16 Ibid. Today, several historic resources are maintained and accessible to the public. Magee House (top) is home to the Historical Society Museum, while its grounds offer a pleasant open green space to the community (middle). Leo Carrillo Ranch is maintained as an historic park (bottom), and the city holds several public events there over the course of the year. 16 Envision Carlsbad www.carlsbadca.gov/envision Other Potential Resources The city acknowledges that there are several buildings and areas with local historic and/or archi- tectural merit that characterize the city’s heritage, as they meet the descriptions of structures of specific historic architectural styles, or they represent a set- tlement within a specific area that contributed to the cultural values of the city. A brief description of these buildings and/or locations is offered below and the location of these resources is shown on Figure 2-1. While these resources have been identi- fied by the City of Carlsbad, the Save Our Heritage Organisation, and the Carlsbad Historical Society, they are not officially listed federal, state or local historic resources. • Carlsbad Village (A). Carlsbad Village is located along Carlsbad Village Drive and is known for specialty shops, clothing stores, and restaurants. The village is home to buildings that consist of New England style architecture, and hosts events such as Carlsbad Art in the Village and Carlsbad Village Street Faire. • Old Carlsbad (B). Old Carlsbad is the origi- nal boundaries of the City of Carlsbad, which encompasses the area south of Buena Vista Lagoon, west of El Camino Real, and north of Cannon Road. Several historic buildings are located in this area, including the Magee House. • Barrio Neighborhood (C). The Barrio was the first neighborhood established in Carlsbad in the 1920s. The area includes several locally rec- ognized historic buildings, businesses and sites. • Marrón Adobe (D). (1850s) Property includes the Buena Vista Creek and El Salto Falls archae- ological sites as well as natural open space, part of which is sensitive habitat.17 • St. Michael’s Episcopal Church (E). 2775 Carlsbad Blvd (1894) • St. Patrick’s Church (Heritage Hall) (F). Magee Park, 2650 Garfield St. (1926) 17 Save Our Heritage Organisation. 2006. Marron Adobe. Viewed at: http://sohosandiego.org/reflections/2006-2/marron.htm. accessed Sept. 13, 2010. • Red Apple Inn/Army Navy Academy (G). 2585 Carlsbad Blvd. (1927) • Carlsbad Mineral Springs Hotel/ Carlsbad-By-The-Sea (H). 2855 Carlsbad Blvd. (1930) • Twin Inns/ Ocean House (I). 2978 Carlsbad Blvd. (1887) • Cohn House/Norte (J). 3003 Carlsbad Blvd. (1929) • Gage House/ Monterey Condominiums (K). 3080 Lincoln St. (1934) • Killian Building (L). 2900 State St. (1920s) • South Coast Land Company/ Garcia’s Barbershop (M). 2956 State St. (Circa 1914) • Los Diego Hotel/Caldo Pomodoro Restaurant (N). 2907 State St. (1925) • Carlsbad Theatre (O). 2822 State St. (1926-27) • Barrio Museum (P). 3304 Roosevelt St. • Ramirez House (Q). 3309 Roosevelt St. (1918) • Mission Santiago (R). 3329 Roosevelt St. (Circa 1923) • Gaus House (S). 3442 Roosevelt St. (1929) • Shaw House (T). 3081 Highland Dr. (1927) • Shirley House (U). 1542 Oak St. (Circa Late 1880s) • Culver House (V). 3140 Highland Dr. (Circa 1887) • Kreutzkamp House (W). 624 Laguna Dr. (1890s) • Beller House (X). 1448 Forest Ave. (Circa 1894) • Ramsay House (Y). 1330 Chuparosa Way (1904) While the above resources have not been offi-cially designated as federal, state, or local historic resources, they may be determined eligible for listing as official historic resources upon further review and analysis. For example, several potential historic buildings listed above consist of struc-tures that are approximately 50 to 160 years old, and therefore, may qualify as an historic resource if other criteria (including local, state or federal) apply. According to the Cultural Resource Survey 17 WP4: Existing Conditions and Issues Exploration Twin Inns/ Ocean House (top); Barrio Museum and adjacent structure (middle); Gaus House (bottom).St. Michael’s Episcopal Church (top); St. Patrick’s Church (Heritage Hall) (middle); Gage House/Monterey Condominiums (bottom). 18 Envision Carlsbad www.carlsbadca.gov/envision Learning About Carlsbad History Although library resources are discussed in more detail in Chapter 4: Educational Resources, it is appropriate to mention here that the Carlsbad City Library maintains two important tools for learning about and recording Carlsbad’s history: the Carlsbad History Room and the Genealogy Program. • Carlsbad History Room. Although not a his-toric building or structure, Cole Library, located on Carlsbad Village Drive, is home to the Carlsbad History Room. The Carlsbad History Room collects and preserves local his-torical documents and makes them available for research. The collection includes newspapers in print and microfilm, yearbooks, scrapbooks, letters, boxed memorabilia, and more than 4,700 photos. • Genealogy Program. Also housed in Cole Library, the Genealogy Program has as its purpose the exploration of family history. This is a leading cultural hobby in the nation, and com- plements Carlsbad’s migrant population which has roots worldwide. The genealogy collection is one of the largest in Southern California and has a strong emphasis on the 17th, 18th and 19th cen- turies in the United States. The North San Diego County Genealogical Society sponsors several programs for the Carlsbad community related to this collection and area of interest. Arts and Culture City of Carlsbad, if a structure is not within the current inventory and appears to be at least fifty years old, it should be added to the inventory and background research should be conducted by a qualified historian. Since the city’s first neigh-borhood was established in the 1920s (the Barrio) several other structures could also be reviewed and surveyed for historic value and potential for listing. In 1997, the Carlsbad City Council amended Carlsbad Municipal Code Title 22 (Historic Pres-ervation Ordinance) to make compliance with the ordinance voluntary. As a result, a structure cannot be added to the city’s historic resources inventory without the property owner’s consent. In cases when individual, isolated buildings do not qualify for federal, state, or local designation, but provide a good representation of a building of a specific era, they may benefit from being included in a historic neighborhood/district. Districting can also be an important component in the revitaliza-tion of inner city or low-income areas of a given community and a way to promote and educate the community about city history. Documentation of a specific area’s historic significance helps encourage preservation of the district. Listing in the National Register of Historic Places provides incentives to property owners such as: federal preservation grants for planning and rehabilitation, federal investment tax credits, preservation easements to nonprofit organizations, international building code fire and life safety code alternatives, state tax benefits and grant opportunities.18 18 National Park Service. 2010. National Register of Historic Places Fundamentals. Available at: http://www.nps.gov/nr/national_regis- ter_fundamentals.htm 3.7 Historical, Archaeological, and Paleontological Resources Environmental Setting This section describes historical, archaeological, and paleontological resources in Carlsbad. The information contained in this section is based on Working Paper 3: Open Space and the Natural Environment; Access to Recreation and Active, Healthy Lifestyles, as well as Working Paper 4: History, the Arts and Cultural Resources; High Quality Education and Community Services, both prepared by Dyett & Bhatia and Dudek. PHYSICAL SETTING Prehistoric Setting Prior to 1798, two Native American tribes were known to occupy the area that is currently known as Carlsbad: the Luiseños and the Diegueños (or Kumeyaay). The Luiseños inhabited the area just north of the San Luis Rey River, east toward Pala and south to Agua Hedionda Lagoon. The Diegueños were a larger group, and inhabited an area spanning from the Batiquitos Lagoon south to Baja California.1 A record search/mapping project completed in 1990 indicated that within Carlsbad city limits, approximately 480 prehistoric sites associated with these two Native American tribes have been recorded. Although the locations of these resources were documented throughout the city, the majority of the prehistoric sites are located on broad mesa tops and along the lagoon terraces. This settlement pattern generally accompanied locally available resources, the proximity of fresh water, and the protection afforded by sheltered valleys and slopes. In accordance with California Government Code Section 65040.2(g)(3), which protects the confidentiality of information concerning the specific location of cultural places, a map depicting the location of these resources has not been provided. Though few sites remain due to intense land development over the past 30 years, recorded resources range from single isolated milling features or isolated lithic tools to multi- component settlements indicative of long-term and multicultural occupation.2 1 Carlsbad Historical Society. 2010. “History of Carlsbad.” Accessed September 13, 2010. www.carlsbadhistoricalsociety.com. 2 Roth and Associates. 1990. “Cultural Resources Survey: City of Carlsbad.” Draft Program Environmental Impact Report for the Carlsbad General Plan Update Chapter 3.7: Historical, Archaeological and Paleontological Resources 3.7-6 Historical and Cultural Resources Listed Historic Resources Several of the city’s local historic resources have gone through the process to be listed in or determined eligible for listing in the national and California registers as individual resources. The National Register of Historic Places (NRHP) has identified two listed historic properties within the city: Carlsbad Santa Fe Depot (400 Carlsbad Village Drive) and Rancho De Los Kiotes. The California Office of Historic Preservation has two historic landmarks listed in Carlsbad: Rancho De Los Kiotes and Frazier’s Well (Alt Karlsbad located at 2802 Carlsbad Boulevard). The San Diego Archaeological Center, a nonprofit corporation dedicated to preserving archeological collections, has identified two historic sites within Carlsbad: the Carlsbad Historical Society Museum (the Magee House located at 258 Beech Street) and the Leo Carrillo Ranch Historic Park (6200 Flying Leo Carrillo Lane). A brief description of these properties, landmarks, or historic resources, shown on Figure 3.7-1, is provided below: 1. Magee House. Magee Park, 258 Beech Street. This craftsman’s style home was originally built by Samuel Church Smith, one of the founders of the Carlsbad Land and Water Company in 1887. The Smith family remained in the home until the 1890s when the California land bust forced them to sell their Carlsbad real estate holdings and relocate to National City. Alexander Shipley, a retired foreign service diplomat, purchased the home in the 1890s and relocated with his wife Julia and daughter Florence. In 1912, Florence married Hugh Magee, a descendent of an original California Estudillo family, and moved to Condor’s Nest in Pala. She returned to Carlsbad in the 1940s after the death of her father and husband. As sole inheritor of her parents’ estate and having no children of her own, upon her death in the 1970s, Florence left Magee house to the city of Carlsbad as a historic and recreational park. The Magee House is currently home to Carlsbad’s Historical Society Museum, which offers views of life from the 1880s to present. 2. Old Santa Fe Train Depot. 400 Carlsbad Village Dr. The depot was built in 1907 (replacing the first train depot built in 1887) by the Arizona Eastern Railway and also served as a telegraph office, post office, Wells Fargo Express office, and general store. Later, this facility served as a shipping point for local fruit, vegetables, and flowers. Closed in 1960, it is now the home of the Carlsbad Visitor’s Information Center. 3. Rancho de Los Kiotes/Leo Carrillo Ranch Historic Park. 6200 Flying Leo Carrillo Lane. In 1868, the Kelly family homesteaded 10,000 acres of land immediately south of Rancho Agua Hedionda. In 1937, Leo Carrillo purchased 1,700 acres, plus 838 acres 2 years later, to construct his ranch (now the city-owned Leo Carrillo Ranch Historic Park). Leo Carrillo Ranch was once home to a cowboy actor named Leo Carrillo. Leo Carrillo’s grandfather was the Mexican governor of California in 1837, and his father, the first mayor of Santa Monica. Leo, his wife Edith, and their daughter Antoinette all lived in the pueblo-style adobe house. The city has stabilized, preserved, and restored many of the historic ranch buildings. The city holds several events each year at the ranch such as the Leo Carrillo Film Festival, Wild Wild Fest, Dinner and a Movie, and Holiday at the Rancho. Draft Program Environmental Impact Report for the Carlsbad General Plan Update Chapter 3.7: Historical, Archaeological and Paleontological Resources 3.7-7 4. Frazier’s Well/Alt Karlsbad. 2802 Carlsbad Blvd. John Frazier, one of Carlsbad’s early pioneers, tapped a mineral spring on his homestead in 1883, an event that soon led to stops by train passengers to drink this water, rumored to have miraculous curative powers. The original well was declared a state historical site in 1955. Owners Kay and Chris Christiansen built Alt Karlsbad in 1964, recreating a 12th century structure as a backdrop for their replica of the famous European namesake. Potential Historical Resources 1990 Survey A 1990 report titled Cultural Resources Survey City of Carlsbad provides a summary of prehistoric and historic resources in Carlsbad. According to this report, a total of 325 potential historic properties, including 314 structures, four locales and seven features of the built environment, were evaluated as potential historic sites reflective of the identified patterns, events, persons, architectural styles, and cultural values important in the changing fabric of the city. Of the 325 sites, only five were further identified as potentially eligible for nomination to the NRHP and seven were identified as potential California Historical Landmarks. The following is a list of resources that were identified in the survey as potential listings on the NRHP: • 2978 Carlsbad Boulevard (Queen Anne Victorian, 1887) • 400 Elm Avenue (Carlsbad Village Drive) (Carpenter Gothic, 1887) • 3309 Roosevelt Street (Vernacular, 1918) • 3329 Roosevelt Street (B/C Spanish, 1923) • 2770 Sunny Creek Road (Adobe rehab, 1842; outbuildings, c. 1900s). The following is a list of resources that were identified as potential listings as a California Historical Landmark: • El Camino Real (Landmark No. 784) • Haymar Road (Adobe remodel-Spanish, 1842) • 3080 Lincoln Street (Monterey, 1925) • 2956 State Street (Spanish Eclectic, pre-1925) • Rancho De Los Kiotes (Spanish, 1935–39) • Stage Coach Park (Adobe ruins, 1842). While the remaining sites have not been identified as potential historic resources of federal or state listing, many are considered by the city as containing significant features in the local architectural and historic growth of the community. Draft Program Environmental Impact Report for the Carlsbad General Plan Update Chapter 3.7: Historical, Archaeological and Paleontological Resources 3.7-8 Other Potential Historical Resources In addition to the potential resources listed above, there are several buildings and areas in the city with local historic and/or architectural merit that characterize the city’s heritage, as they meet the descriptions of structures of specific historic architectural styles or they represent a settlement within a specific area that contributed to the cultural values of the city. A brief description of these buildings and/or locations is offered below and the location of these resources is shown on Figure 3.7-1. While these resources have been identified by the City of Carlsbad, the Save Our Heritage Organization, or the Carlsbad Historical Society, they are not officially listed federal, state, or local historic resources. !(!(!( !( !( !( !( !( !(!( ") ") ") ") ") ")")") ") ")")")") ")")")") ")")")") ")")")") ")") §¨¦5 PALOMA R A I R P ORT RD P O IN SE T T I A L N AVIARA P K W Y LA COSTA AVE E L C A M I NO R E A L A L G A R D P O IN S E T T I A LN PA L OMA R AIRPORT RD CAMIN O VIDA R O B LE EL CAMINO REAL CANNON RD F ARA D AY AVE CA N N ON R D TA M ARACK AVE E L C A M I N O R E A L T A M A R A C K A V E C A R L S B A D B L V D C A R L S B A D B LV D M A RRON R D S A N DI E G O N O R T H E R N R R OCEANSIDE SAN MARCOS ENCINITAS Batiq u i tos Lago o n Agua Hedionda Lagoon Buena Vista Lagoon Calavera Lake SquiresReservoir }}78 }}78 C A R LS B A D VILLA GE D R L A C O S T A AVE RA NCH O SANTA FE RD MCCLELLAN -PALOMAR AIRPORT City of Vista City of San Marcos City of Oceanside City of Encinitas Marron Adobe Rancho de Los Kiotes Carlsbad Community Arts Center GIA Museum Museum ofMaking Music William D. Cannon Art Gallery Leo Carrillo Ranch Historic Park Y X Beller HouseRamsayHouse D 4 3 4 9 8 7 Highway Major Road Railroad City Limits 0120.5 Miles Source: City of Carlsbad, 2009; SANDAG, 2008; Dudek, 2010; San Diego Archaeological Center, 2010; Dyett & Bhatia, 2010. Pacific Ocean !(!(!( !( !(!( ") ") ") ") ") ") ") ") ")") ")") ") ") ")") ")") ")")") ") G R A N D A V E O A K A V E C H E S T N U T A V E C A R L S B A D VIL L A G E D R PI N E A V E S T A T E S T R O O S E V E L T S T M A DI S O N S T JE F F E R S O N S T C H R IS TI A N S E N W A YBEECH W A Y LAGUNA DR H A R DI N G S T C A R L S B A D B L V D O C E A N S T P A L M A V E W A L N U T A V E PI N E A V E§¨¦5 S A N DIE G O N O R T H E R N R R LI N C O L N S T Carlsbad Village Theatre New Village Arts TheatreCarlsbadHistorical Society St. Patrick's Church (Heritage Hall) MageeHouse St. Michael's Episcopal Church Old Santa Fe Train Depot Carlsbad Village Barrio Neighborhood 5 Frazier's Well/ Alt Karlsbad G H I J K L M N O PQ R S T U V Red Apple Inn/Army Navy Academy W Kreutzkamp House Carlsbad Theatre Los Diego Hotel/ Caldo Pomodoro Restaurant South Coast Land Company/ Garcia's Barbershop Killian Building Twin Inns/ Ocean House Carlsbad Mineral Springs Hotel/ Carlsbad-By-The-Sea Cohn House/Norte Gage House/Monterey Condominiums Ramirez House Barrio Museum MissionSantiago Gaus House ShawHouse Shirley House Culver House CarlsbadSculpture Garden Carlsbad CulturalArts Office Carlsbad HistoryRoom LAGUNA DR H I G H L A N D D RF E 2 1 1 2 3 6 10 5 Historic Resources ")Official Historic Resource ")Potential Historic Resource !(Cultural Arts Resource Figure 2-1 Historic and Cultural Arts Resources CITY OF CARLSBAD 500 ACRES 100 ACRES Old Carlsbad Other Potential Histortic Resources Carlsbad Village Old Carlsbad Barrio Neighborhood Figure 3.7-1 PROPOSED GENERAL PLAN,"" .. ---..... ....._, .. . ! [_ ___ -: i i i i l ! i i _ _j r------- I : ' I ! i i : , \ I i ___ l (\ i L_ __ _r·---11 -----i '··-' ' i ----\ i ------j ~------ .... ------ -D - - r-----·-: : I L_ _____ • EB This page intentionally left blank. Draft Program Environmental Impact Report for the Carlsbad General Plan Update Chapter 3.7: Historical, Archaeological and Paleontological Resources 3.7-11 Potential Historical Resources: A. Carlsbad Village. Carlsbad Village is located along Carlsbad Village Drive and is known for specialty shops, clothing stores, and restaurants. The village is home to buildings that consist of New England style architecture, and hosts events such as Carlsbad Art in the Village and Carlsbad Village Street Faire. B. Old Carlsbad. Carlsbad Village is located within Old Carlsbad. The original boundaries of the city. Old Carlsbad encompasses the area south of Buena Vista Lagoon, west of El Camino Real, and north of Cannon Road. Several historic buildings are located in this area, including the Magee House. C. Barrio Neighborhood. The Barrio, located within the boundaries of Old Carlsbad, was the first neighborhood established in Carlsbad in the 1920s. The area includes several locally recognized historic buildings, businesses, and sites. D. Marrón Adobe. (1850s) This property includes the Buena Vista Creek and El Salto Falls archaeological sites as well as natural open space, part of which is sensitive habitat.4 E. St. Michael’s Episcopal Church. 2775 Carlsbad Boulevard (1894) F. St. Patrick’s Church (Heritage Hall). Magee Park, 2650 Garfield Street (1926) G. Red Apple Inn/Army Navy Academy. 2585 Carlsbad Boulevard (1927) H. Carlsbad Mineral Springs Hotel/Carlsbad-By-the-Sea. 2855 Carlsbad Boulevard (1930) I. Twin Inns/Ocean House. 2978 Carlsbad Boulevard (1887) J. Cohn House/Norte. 3003 Carlsbad Boulevard (1929) K. Gage House/Monterey Condominiums. 3080 Lincoln Street (1934) L. Killian Building. 2900 State Street (1920s) M. South Coast Land Company/Garcia’s Barbershop. 2956 State Street (Circa 1914) N. Los Diego Hotel/Caldo Pomodoro Restaurant. 2907 State Street (1925) O. Carlsbad Theatre. 2822 State Street (1926–27) P. Barrio Museum. 3304 Roosevelt Street (1943) Q. Ramirez House. 3309 Roosevelt Street (1918) R. Mission Santiago. 3329 Roosevelt Street (Circa 1923) S. Gaus House. 3442 Roosevelt Street (1929) 4 Save Our Heritage Organization. 2006. “Marron Adobe.” Accessed September 13, 2010. http://sohosandiego.org/reflections/2006-2/marron.htm. Draft Program Environmental Impact Report for the Carlsbad General Plan Update Chapter 3.7: Historical, Archaeological and Paleontological Resources 3.7-12 T. Shaw House. 3081 Highland Drive (1927) U. Shirley House. 1542 Oak Street (Circa late 1880s) V. Culver House. 3140 Highland Drive (Circa 1887) W. Kreutzkamp House. 624 Laguna Drive (1890s) X. Beller House. 1448 Forest Avenue (Circa 1894) Y. Ramsay House. 1330 Chuparosa Way (1904). While the above resources have not been officially designated as federal, state, or local historic resources, they may be determined eligible for listing as official historic resources upon if other criteria (including local, state, or federal) apply. Paleontological Setting Paleontological resources are the remains and/or traces of prehistoric plant and animal life, exclusive of human remains. The formation of fossils typically involves the rapid burial of plant or animal remains and the formation of casts, molds, or impressions in the associated sediment (which subsequently becomes sedimentary rock). Because of this, the potential for fossil remains in a given geologic formation can be predicted based on known fossil occurrences from similar (or correlated) geologic formations in other locations. According to the County of San Diego’s Guidelines for Determining Significance of Paleontological Resources, this is the case in San Diego County, where the geologic setting provides a basis for reasonably predicting the location of paleontological resources. The Society of Vertebrate Paleontology has established a professional review process for the determination of paleontological potential and paleontologic sensitivity, as described in the following text. The determination of a site’s (or rock unit’s) degree of paleontological potential is first founded on a review of pertinent geological and paleontological literature and on locality records of specimens deposited in institutions. This preliminary review may suggest particular areas of known high potential. If an area of high potential cannot be delimited from the literature search and specimen records, a surface survey will determine the fossilferous potential and extent of the sedimentary units within a specific project. The field survey may extend outside the defined project to areas where rock units are better exposed. If an area is determined to have a high potential for containing paleontologic resources, a program to mitigate impacts is developed. In areas of high sensitivity, a pre-excavation survey is recommended to locate surface concentrations of fossils which might need special salvage methods. The sensitivity of rock units in which fossils occur may be divided into three operational categories. I. HIGH POTENTIAL. Rock units from which vertebrate or significant invertebrate fossils or significant suites of plant fossils have been recovered are considered to have a potential for containing significant nonrenewable fossilferous resources. These units include but are not limited to, sedimentary formations and some volcanic formations, which contain significant nonrenewable paleontological resources anywhere within their geographical 7-1 General Plan 7 Arts, History, Culture, and Education The Arts, History, Culture, and Education (AHCE) Element of the General Plan recognizes that an aesthetic environment and connections to culture and education are essential characteristics of a community that values its quality of life and wishes to be seen by its residents, neighbors and visitors as an attractive and desirable place, addressing the needs of the human spirit. This element is intended to enhance availability and accessibility of the arts for all residents, preservation of the important historic and cultural elements that make Carlsbad unique, and educational opportunities for lifelong learning. 7-11 General Plan Ar t s , H i s t o r y , C u l t u r e , a n d E d u c a t i o n 7 General Plan Historic and Cultural Places and Landmarks Carlsbad is home to many structures and places with historical and cultural value that help to connect the city’s heritage to its present and future, as described in the historical narrative above. There are three resources in Carlsbad listed on the National Register of Historic Places and/or the California Register of Histor- ical Resources (see Table 7-1). In addition, there are several resources potentially eligible for nomination to the state or federal registers. More information on listed resources and potential historic resources, including addresses and a map, can be found in Envision Carlsbad Working Paper 4 – History, the Arts and Cultural Resources; High Quality Education and Community Services. Paleontological Resources Paleontological resources are the remains and/or traces of prehistoric plant and animal life, exclusive of human remains. The formation of fossils typically involves the rapid burial of plant or animal remains and the formation of casts, molds, or impressions in the associated sediment (which subsequently becomes sedimentary rock). Because of this, the potential for fossil remains in a given geologic formation can be predicted based on known fossil occurrences from similar (or correlated) geologic formations in other locations. The City of Carlsbad contains several geologic formations that include a sequence of marine and non-marine sedimentary rock units that record portions of the last 140 million years of earth history. The geologic forma- tions found in the city are primarily the Lusardi Formation of the Cretaceous Age, as well as the Santiago Formation and Del Mar Formation of the Tertiary Age that overlie the Lusardi Formation. The Lusardi Formation consistently produces significant fossils and consists of sandstones and conglomerate that were deposited in a shallow sea that covered the region approximately 74 million years ago. The Santiago Formation and Del Mar Formation make up the sand- stones and siltstones of the La Jolla Group, which is approximately 45 million years old and has produced a large number of vertebrate and invertebrate fossils. The La Jolla Group has a high potential for containing significant fossils. Loma Linda terrace deposits of the Quaternary Age have the potential to contain fos- siliferous rock from Pleistocene terrace deposits of not more than two million years in age. These fossils are also potentially significant. TaBLE 7–1: CaRLSBaD NaTIONaL aND STaTE HISTORIC RESOURCES NAME/DESCRIPTION ADDRESS NATIONAL REGISTER OF HISTORIC PLACES CALIFORNIA REGISTER OF HISTORIC RESOURCES Carlsbad Santa Fe Depot 400 Carlsbad Village Dr. X Rancho de los Kiotes (Leo Carrillo Ranch Historic Park) 6200 Flying Leo Carrillo Ln. X X Frazier's Well/Alt Karlsbad 2802 Carlsbad Blvd. X Source: Dyett & Bhatia, 2010. Mark-up 13 Oct 2020 *1 2 3 4 5 *6 7 8 9 10 11 *12 13 14 *15 16 17 18 19 * National, State and/or San Diego Historic Places pertie emb( "Historic" Pro[ ~sin Carls!:>ad ( Nov'-., ,oer 21, 2019 Properties designated historic by City Council, marked with a plaque and/or appear in Historic Carlsbad: A Self-Guided Tour Property Name Address CC Action Plaque Tour 1980 List 1984 List-1986 List 2004 List 2010 List Alt Karlsbad/Frazier's Well 2802 Carlsbad Blvd. X X X X X X X Army Navy Academy/Red Apple Inn 2605 Carlsbad Blvd. X X X X X X X Barrio "Heart of the Barrio" Walnut Ave. & Roosevelt St. I 1 )( X Barrio Museum 3304 Roosevelt St. I I X X X Beller House/Deckleman House 1448 Forest Ave. X X X X X Calavera Lake & Dam Lake Calavera X X Calavera School Site Calavera Hills Community Park X X X Carlsbad Springs Mineral Springs Hotel 2855 Carlsbad Blvd. X X X X X Carlsbad School District Office/Pine Street School Pine Ave. & Harding St. X X Carlsbad Theater 2822 State St. X X X X Carlsbad Union Church 800 Pine Ave. X X X X Carrillo Ranch 6200 Flying Leo Carrillo Ln. X X X X Cohn House 3003 Carlsbad Blvd. X X X X X X Culver-Myers-Capp House 3140 Highland Dr. X X X X X X X El Camino Real Bell State St. & Grand Ave. X Gage House 3080 Lincoln St. X X X X X X X X Gaus House 3442 Roosevelt St. X X X X X X V " Highland Bungalows 3264 Highland Dr. X X Highway 101 Highway 101 X Hosp Grove 2240 Jefferson St. X Kelly Barn El Camino Real X X X Killian Building 2900 block of State St. X X X X X X Kreutzkamp House 624 Laguna Dr. I I X X X X X Ledgerwood House 3862 Carlsbad Blvd. I I X X Los Diego Hotel 2907 State St. X X X X Magee House 258 Beech St. X X X X X X X Mission Santiago 3329 Roosevelt St. X X X Ramirez Bungalow 3309 Roosevelt St. X X X Ramsay House 1330 Chuparosa Way X X X X X X Rancho Agua Hedionda Adobe/Marron Adobe 2770 Sunny Creek Rd. X X X X X Santa Fe Depot 400 Carlsbad Village Dr. X X X X X X X Shaw House 3081 Highland Dr. X X X X X Shipley Ward House 2747 Carlsbad Blvd. X X X X Shirley House (Rancho de la Motte-Kirmse-Shirley) 1542 Oak St. X X X X X South Coast Land Company 2958 State St. X X X X X X Stagecoach Stop El Camino Real X St. Michael's Episcopal Church 2775 Carlsb_ad Blvd. X X X X X X X St. Patrick's Church/Heritage Hall 2650 Garfield St. X X X X X Twin Inns/Schutte House 2978 Carlsbad Blvd. X X X X X X Twin Inns Gazebo Magee Park X Twin Inns Granary Magee Park X Appendix D Noise Measurement Data and Noise Modeling Results Data Logger 2 SET 3 A SLOW Range 40-100 L05 65.6 L10 62.2 L50 57.0 L90 52.4 L95 51.7 Max dB 73.5 2022/06/08 09:49:56 SEL 87.8 Leq 60.1 No.s Date Time dB 1 2022/06/08 09:48:06 52.9 2 2022/06/08 09:48:09 52.2 3 2022/06/08 09:48:12 52.7 4 2022/06/08 09:48:15 53.4 5 2022/06/08 09:48:18 55.4 6 2022/06/08 09:48:21 56.4 7 2022/06/08 09:48:24 57.9 8 2022/06/08 09:48:27 60.1 9 2022/06/08 09:48:30 56.3 10 2022/06/08 09:48:33 55.0 11 2022/06/08 09:48:36 58.6 12 2022/06/08 09:48:39 59.1 13 2022/06/08 09:48:42 70.0 14 2022/06/08 09:48:45 66.6 15 2022/06/08 09:48:48 60.8 16 2022/06/08 09:48:51 57.2 17 2022/06/08 09:48:54 55.2 18 2022/06/08 09:48:57 56.0 19 2022/06/08 09:49:00 55.9 20 2022/06/08 09:49:03 57.2 21 2022/06/08 09:49:06 56.9 22 2022/06/08 09:49:09 58.6 23 2022/06/08 09:49:12 60.9 24 2022/06/08 09:49:15 58.4 25 2022/06/08 09:49:18 57.8 26 2022/06/08 09:49:21 57.8 27 2022/06/08 09:49:24 58.6 28 2022/06/08 09:49:27 57.7 29 2022/06/08 09:49:30 57.4 30 2022/06/08 09:49:33 58.4 31 2022/06/08 09:49:36 57.9 32 2022/06/08 09:49:39 58.1 33 2022/06/08 09:49:42 58.5 34 2022/06/08 09:49:45 59.1 35 2022/06/08 09:49:48 61.5 Measurement 1 36 2022/06/08 09:49:51 64.6 37 2022/06/08 09:49:54 73.4 38 2022/06/08 09:49:57 67.2 39 2022/06/08 09:50:00 66.8 40 2022/06/08 09:50:03 67.5 41 2022/06/08 09:50:06 65.6 42 2022/06/08 09:50:09 62.1 43 2022/06/08 09:50:12 57.7 44 2022/06/08 09:50:15 55.9 45 2022/06/08 09:50:18 58.0 46 2022/06/08 09:50:21 61.8 47 2022/06/08 09:50:24 71.5 48 2022/06/08 09:50:27 68.5 49 2022/06/08 09:50:30 59.8 50 2022/06/08 09:50:33 58.3 51 2022/06/08 09:50:36 57.7 52 2022/06/08 09:50:39 53.9 53 2022/06/08 09:50:42 54.6 54 2022/06/08 09:50:45 59.2 55 2022/06/08 09:50:48 58.2 56 2022/06/08 09:50:51 62.5 57 2022/06/08 09:50:54 60.4 58 2022/06/08 09:50:57 55.8 59 2022/06/08 09:51:00 54.1 60 2022/06/08 09:51:03 56.4 61 2022/06/08 09:51:06 57.1 62 2022/06/08 09:51:09 58.9 63 2022/06/08 09:51:12 57.7 64 2022/06/08 09:51:15 55.8 65 2022/06/08 09:51:18 55.4 66 2022/06/08 09:51:21 54.0 67 2022/06/08 09:51:24 52.7 68 2022/06/08 09:51:27 52.5 69 2022/06/08 09:51:30 52.3 70 2022/06/08 09:51:33 52.4 71 2022/06/08 09:51:36 52.0 72 2022/06/08 09:51:39 51.4 73 2022/06/08 09:51:42 52.5 74 2022/06/08 09:51:45 55.4 75 2022/06/08 09:51:48 55.9 76 2022/06/08 09:51:51 55.8 77 2022/06/08 09:51:54 56.9 78 2022/06/08 09:51:57 56.3 79 2022/06/08 09:52:00 56.7 80 2022/06/08 09:52:03 58.1 81 2022/06/08 09:52:06 58.6 82 2022/06/08 09:52:09 55.7 83 2022/06/08 09:52:12 53.8 84 2022/06/08 09:52:15 52.7 85 2022/06/08 09:52:18 51.9 86 2022/06/08 09:52:21 51.5 87 2022/06/08 09:52:24 51.9 88 2022/06/08 09:52:27 52.5 89 2022/06/08 09:52:30 55.4 90 2022/06/08 09:52:33 58.7 91 2022/06/08 09:52:36 60.3 92 2022/06/08 09:52:39 60.8 93 2022/06/08 09:52:42 62.0 94 2022/06/08 09:52:45 60.6 95 2022/06/08 09:52:48 60.0 96 2022/06/08 09:52:51 59.5 97 2022/06/08 09:52:54 58.2 98 2022/06/08 09:52:57 58.8 99 2022/06/08 09:53:00 61.1 100 2022/06/08 09:53:03 65.2 101 2022/06/08 09:53:06 63.6 102 2022/06/08 09:53:09 61.6 103 2022/06/08 09:53:12 58.7 104 2022/06/08 09:53:15 58.0 105 2022/06/08 09:53:18 57.4 106 2022/06/08 09:53:21 57.0 107 2022/06/08 09:53:24 57.2 108 2022/06/08 09:53:27 57.6 109 2022/06/08 09:53:30 57.2 110 2022/06/08 09:53:33 57.0 111 2022/06/08 09:53:36 57.3 112 2022/06/08 09:53:39 57.5 113 2022/06/08 09:53:42 57.4 114 2022/06/08 09:53:45 57.4 115 2022/06/08 09:53:48 57.5 116 2022/06/08 09:53:51 57.9 117 2022/06/08 09:53:54 58.3 118 2022/06/08 09:53:57 59.8 119 2022/06/08 09:54:00 62.1 120 2022/06/08 09:54:03 65.2 121 2022/06/08 09:54:06 61.7 122 2022/06/08 09:54:09 62.1 123 2022/06/08 09:54:12 64.4 124 2022/06/08 09:54:15 67.2 125 2022/06/08 09:54:18 65.7 126 2022/06/08 09:54:21 68.9 127 2022/06/08 09:54:24 61.7 128 2022/06/08 09:54:27 55.7 129 2022/06/08 09:54:30 52.7 130 2022/06/08 09:54:33 55.5 131 2022/06/08 09:54:36 59.2 132 2022/06/08 09:54:39 57.3 133 2022/06/08 09:54:42 57.2 134 2022/06/08 09:54:45 59.6 135 2022/06/08 09:54:48 58.1 136 2022/06/08 09:54:51 54.4 137 2022/06/08 09:54:54 53.9 138 2022/06/08 09:54:57 54.2 139 2022/06/08 09:55:00 53.4 140 2022/06/08 09:55:03 54.3 141 2022/06/08 09:55:06 60.7 142 2022/06/08 09:55:09 67.6 143 2022/06/08 09:55:12 61.8 144 2022/06/08 09:55:15 57.6 145 2022/06/08 09:55:18 56.4 146 2022/06/08 09:55:21 57.0 147 2022/06/08 09:55:24 54.8 148 2022/06/08 09:55:27 53.7 149 2022/06/08 09:55:30 53.2 150 2022/06/08 09:55:33 54.0 151 2022/06/08 09:55:36 56.2 152 2022/06/08 09:55:39 54.6 153 2022/06/08 09:55:42 56.1 154 2022/06/08 09:55:45 54.5 155 2022/06/08 09:55:48 54.7 156 2022/06/08 09:55:51 53.8 157 2022/06/08 09:55:54 55.8 158 2022/06/08 09:55:57 53.6 159 2022/06/08 09:56:00 52.2 160 2022/06/08 09:56:03 53.5 161 2022/06/08 09:56:06 52.8 162 2022/06/08 09:56:09 53.0 163 2022/06/08 09:56:12 53.9 164 2022/06/08 09:56:15 53.2 165 2022/06/08 09:56:18 54.5 166 2022/06/08 09:56:21 54.6 167 2022/06/08 09:56:24 55.7 168 2022/06/08 09:56:27 54.7 169 2022/06/08 09:56:30 52.9 170 2022/06/08 09:56:33 51.0 171 2022/06/08 09:56:36 52.0 172 2022/06/08 09:56:39 52.9 173 2022/06/08 09:56:42 51.7 174 2022/06/08 09:56:45 50.5 175 2022/06/08 09:56:48 50.9 176 2022/06/08 09:56:51 52.0 177 2022/06/08 09:56:54 56.0 178 2022/06/08 09:56:57 61.9 179 2022/06/08 09:57:00 61.3 180 2022/06/08 09:57:03 56.3 181 2022/06/08 09:57:06 53.1 182 2022/06/08 09:57:09 55.4 183 2022/06/08 09:57:12 58.8 184 2022/06/08 09:57:15 59.3 185 2022/06/08 09:57:18 56.3 186 2022/06/08 09:57:21 53.0 187 2022/06/08 09:57:24 51.4 188 2022/06/08 09:57:27 51.3 189 2022/06/08 09:57:30 58.1 190 2022/06/08 09:57:33 58.2 191 2022/06/08 09:57:36 56.3 192 2022/06/08 09:57:39 55.6 193 2022/06/08 09:57:42 55.1 194 2022/06/08 09:57:45 55.4 195 2022/06/08 09:57:48 56.1 196 2022/06/08 09:57:51 57.1 197 2022/06/08 09:57:54 56.8 198 2022/06/08 09:57:57 57.4 199 2022/06/08 09:58:00 59.7 200 2022/06/08 09:58:03 60.3 Data Logger 2 SET 3 A SLOW Range 40-100 L05 70.2 L10 68.3 L50 56.9 L90 46.7 L95 46.1 Max dB 76.4 2022/06/08 10:12:47 SEL 91.8 Leq 64.1 No.s Date Time dB 1 2022/06/08 10:05:40 53.1 2 2022/06/08 10:05:43 48.0 3 2022/06/08 10:05:46 48.7 4 2022/06/08 10:05:49 65.5 5 2022/06/08 10:05:52 64.8 6 2022/06/08 10:05:55 64.5 7 2022/06/08 10:05:58 61.4 8 2022/06/08 10:06:01 52.7 9 2022/06/08 10:06:04 48.3 10 2022/06/08 10:06:07 46.6 11 2022/06/08 10:06:10 46.9 12 2022/06/08 10:06:13 57.0 13 2022/06/08 10:06:16 70.3 14 2022/06/08 10:06:19 61.0 15 2022/06/08 10:06:22 51.0 16 2022/06/08 10:06:25 47.6 17 2022/06/08 10:06:28 49.2 18 2022/06/08 10:06:31 63.5 19 2022/06/08 10:06:34 68.2 20 2022/06/08 10:06:37 64.5 21 2022/06/08 10:06:40 66.1 22 2022/06/08 10:06:43 61.6 23 2022/06/08 10:06:46 66.6 24 2022/06/08 10:06:49 67.4 25 2022/06/08 10:06:52 71.6 26 2022/06/08 10:06:55 64.0 27 2022/06/08 10:06:58 55.0 28 2022/06/08 10:07:01 50.5 29 2022/06/08 10:07:04 65.4 30 2022/06/08 10:07:07 67.0 31 2022/06/08 10:07:10 59.1 32 2022/06/08 10:07:13 58.0 33 2022/06/08 10:07:16 53.7 34 2022/06/08 10:07:19 48.7 35 2022/06/08 10:07:22 46.8 Measurement 2 36 2022/06/08 10:07:25 46.6 37 2022/06/08 10:07:28 46.6 38 2022/06/08 10:07:31 49.7 39 2022/06/08 10:07:34 57.4 40 2022/06/08 10:07:37 60.8 41 2022/06/08 10:07:40 53.9 42 2022/06/08 10:07:43 65.4 43 2022/06/08 10:07:46 62.9 44 2022/06/08 10:07:49 66.8 45 2022/06/08 10:07:52 71.4 46 2022/06/08 10:07:55 61.8 47 2022/06/08 10:07:58 66.8 48 2022/06/08 10:08:01 68.1 49 2022/06/08 10:08:04 64.8 50 2022/06/08 10:08:07 65.1 51 2022/06/08 10:08:10 60.1 52 2022/06/08 10:08:13 63.6 53 2022/06/08 10:08:16 65.4 54 2022/06/08 10:08:19 56.9 55 2022/06/08 10:08:22 50.5 56 2022/06/08 10:08:25 49.8 57 2022/06/08 10:08:28 48.8 58 2022/06/08 10:08:31 48.4 59 2022/06/08 10:08:34 48.4 60 2022/06/08 10:08:37 47.6 61 2022/06/08 10:08:40 47.8 62 2022/06/08 10:08:43 48.7 63 2022/06/08 10:08:46 48.4 64 2022/06/08 10:08:49 49.1 65 2022/06/08 10:08:52 46.2 66 2022/06/08 10:08:55 47.8 67 2022/06/08 10:08:58 50.3 68 2022/06/08 10:09:01 52.3 69 2022/06/08 10:09:04 50.3 70 2022/06/08 10:09:07 48.1 71 2022/06/08 10:09:10 64.0 72 2022/06/08 10:09:13 66.0 73 2022/06/08 10:09:16 66.9 74 2022/06/08 10:09:19 62.2 75 2022/06/08 10:09:22 53.5 76 2022/06/08 10:09:25 54.0 77 2022/06/08 10:09:28 70.6 78 2022/06/08 10:09:31 63.3 79 2022/06/08 10:09:34 58.6 80 2022/06/08 10:09:37 49.3 81 2022/06/08 10:09:40 46.8 82 2022/06/08 10:09:43 46.7 83 2022/06/08 10:09:46 45.9 84 2022/06/08 10:09:49 45.9 85 2022/06/08 10:09:52 45.0 86 2022/06/08 10:09:55 44.4 87 2022/06/08 10:09:58 46.9 88 2022/06/08 10:10:01 46.7 89 2022/06/08 10:10:04 46.2 90 2022/06/08 10:10:07 48.6 91 2022/06/08 10:10:10 60.6 92 2022/06/08 10:10:13 62.1 93 2022/06/08 10:10:16 53.1 94 2022/06/08 10:10:19 48.3 95 2022/06/08 10:10:22 50.0 96 2022/06/08 10:10:25 49.3 97 2022/06/08 10:10:28 54.1 98 2022/06/08 10:10:31 60.4 99 2022/06/08 10:10:34 69.2 100 2022/06/08 10:10:37 64.8 101 2022/06/08 10:10:40 56.4 102 2022/06/08 10:10:43 52.7 103 2022/06/08 10:10:46 49.9 104 2022/06/08 10:10:49 51.1 105 2022/06/08 10:10:52 62.4 106 2022/06/08 10:10:55 66.9 107 2022/06/08 10:10:58 61.5 108 2022/06/08 10:11:01 62.0 109 2022/06/08 10:11:04 58.5 110 2022/06/08 10:11:07 55.0 111 2022/06/08 10:11:10 58.0 112 2022/06/08 10:11:13 71.8 113 2022/06/08 10:11:16 71.6 114 2022/06/08 10:11:19 69.1 115 2022/06/08 10:11:22 65.0 116 2022/06/08 10:11:25 56.2 117 2022/06/08 10:11:28 51.7 118 2022/06/08 10:11:31 52.0 119 2022/06/08 10:11:34 68.6 120 2022/06/08 10:11:37 66.2 121 2022/06/08 10:11:40 60.9 122 2022/06/08 10:11:43 62.1 123 2022/06/08 10:11:46 54.1 124 2022/06/08 10:11:49 47.1 125 2022/06/08 10:11:52 45.8 126 2022/06/08 10:11:55 46.0 127 2022/06/08 10:11:58 47.1 128 2022/06/08 10:12:01 60.3 129 2022/06/08 10:12:04 64.7 130 2022/06/08 10:12:07 62.3 131 2022/06/08 10:12:10 64.6 132 2022/06/08 10:12:13 58.1 133 2022/06/08 10:12:16 49.5 134 2022/06/08 10:12:19 46.3 135 2022/06/08 10:12:22 46.8 136 2022/06/08 10:12:25 50.4 137 2022/06/08 10:12:28 66.4 138 2022/06/08 10:12:31 67.9 139 2022/06/08 10:12:34 59.5 140 2022/06/08 10:12:37 71.1 141 2022/06/08 10:12:40 67.4 142 2022/06/08 10:12:43 59.4 143 2022/06/08 10:12:46 74.6 144 2022/06/08 10:12:49 68.3 145 2022/06/08 10:12:52 62.6 146 2022/06/08 10:12:55 61.7 147 2022/06/08 10:12:58 70.1 148 2022/06/08 10:13:01 73.4 149 2022/06/08 10:13:04 64.3 150 2022/06/08 10:13:07 54.0 151 2022/06/08 10:13:10 49.1 152 2022/06/08 10:13:13 47.7 153 2022/06/08 10:13:16 45.9 154 2022/06/08 10:13:19 44.9 155 2022/06/08 10:13:22 45.3 156 2022/06/08 10:13:25 46.7 157 2022/06/08 10:13:28 47.2 158 2022/06/08 10:13:31 47.9 159 2022/06/08 10:13:34 50.8 160 2022/06/08 10:13:37 64.9 161 2022/06/08 10:13:40 70.4 162 2022/06/08 10:13:43 72.8 163 2022/06/08 10:13:46 71.4 164 2022/06/08 10:13:49 64.7 165 2022/06/08 10:13:52 63.8 166 2022/06/08 10:13:55 60.9 167 2022/06/08 10:13:58 55.5 168 2022/06/08 10:14:01 68.2 169 2022/06/08 10:14:04 67.6 170 2022/06/08 10:14:07 66.8 171 2022/06/08 10:14:10 56.3 172 2022/06/08 10:14:13 57.9 173 2022/06/08 10:14:16 65.0 174 2022/06/08 10:14:19 56.8 175 2022/06/08 10:14:22 50.1 176 2022/06/08 10:14:25 51.6 177 2022/06/08 10:14:28 52.9 178 2022/06/08 10:14:31 49.5 179 2022/06/08 10:14:34 48.4 180 2022/06/08 10:14:37 48.8 181 2022/06/08 10:14:40 57.1 182 2022/06/08 10:14:43 68.7 183 2022/06/08 10:14:46 71.7 184 2022/06/08 10:14:49 72.4 185 2022/06/08 10:14:52 67.1 186 2022/06/08 10:14:55 66.4 187 2022/06/08 10:14:58 65.0 188 2022/06/08 10:15:01 66.7 189 2022/06/08 10:15:04 56.6 190 2022/06/08 10:15:07 49.3 191 2022/06/08 10:15:10 46.4 192 2022/06/08 10:15:13 46.1 193 2022/06/08 10:15:16 48.4 194 2022/06/08 10:15:19 47.5 195 2022/06/08 10:15:22 49.8 196 2022/06/08 10:15:25 53.6 197 2022/06/08 10:15:28 62.2 198 2022/06/08 10:15:31 64.9 199 2022/06/08 10:15:34 64.9 200 2022/06/08 10:15:37 59.6 Data Logger 2 SET 3 A SLOW Range 40-100 L05 69.7 L10 68.0 L50 57.6 L90 42.3 L95 40.4 Max dB 75.6 2022/06/08 09:31:43 SEL 91.3 Leq 63.6 No.s Date Time dB 1 2022/06/08 09:27:06 60.7 2 2022/06/08 09:27:09 65.3 3 2022/06/08 09:27:12 64.6 4 2022/06/08 09:27:15 67.8 5 2022/06/08 09:27:18 62.6 6 2022/06/08 09:27:21 56.1 7 2022/06/08 09:27:24 63.2 8 2022/06/08 09:27:27 57.5 9 2022/06/08 09:27:30 69.3 10 2022/06/08 09:27:33 66.4 11 2022/06/08 09:27:36 70.0 12 2022/06/08 09:27:39 70.6 13 2022/06/08 09:27:42 68.8 14 2022/06/08 09:27:45 70.4 15 2022/06/08 09:27:48 68.5 16 2022/06/08 09:27:51 65.8 17 2022/06/08 09:27:54 61.8 18 2022/06/08 09:27:57 59.4 19 2022/06/08 09:28:00 66.2 20 2022/06/08 09:28:03 68.1 21 2022/06/08 09:28:06 64.5 22 2022/06/08 09:28:09 58.5 23 2022/06/08 09:28:12 57.4 24 2022/06/08 09:28:15 58.4 25 2022/06/08 09:28:18 59.2 26 2022/06/08 09:28:21 63.2 27 2022/06/08 09:28:24 66.2 28 2022/06/08 09:28:27 61.4 29 2022/06/08 09:28:30 60.9 30 2022/06/08 09:28:33 67.5 31 2022/06/08 09:28:36 59.6 32 2022/06/08 09:28:39 55.5 33 2022/06/08 09:28:42 48.6 34 2022/06/08 09:28:45 42.5 35 2022/06/08 09:28:48 41.3 Measurement 3 36 2022/06/08 09:28:51 39.5 37 2022/06/08 09:28:54 40.0 38 2022/06/08 09:28:57 42.3 39 2022/06/08 09:29:00 40.5 40 2022/06/08 09:29:03 40.5 41 2022/06/08 09:29:06 46.1 42 2022/06/08 09:29:09 53.0 43 2022/06/08 09:29:12 49.8 44 2022/06/08 09:29:15 47.9 45 2022/06/08 09:29:18 46.3 46 2022/06/08 09:29:21 42.9 47 2022/06/08 09:29:24 43.5 48 2022/06/08 09:29:27 42.9 49 2022/06/08 09:29:30 43.7 50 2022/06/08 09:29:33 48.1 51 2022/06/08 09:29:36 65.1 52 2022/06/08 09:29:39 72.7 53 2022/06/08 09:29:42 70.5 54 2022/06/08 09:29:45 70.0 55 2022/06/08 09:29:48 64.5 56 2022/06/08 09:29:51 66.8 57 2022/06/08 09:29:54 62.9 58 2022/06/08 09:29:57 61.8 59 2022/06/08 09:30:00 61.0 60 2022/06/08 09:30:03 62.7 61 2022/06/08 09:30:06 59.2 62 2022/06/08 09:30:09 63.9 63 2022/06/08 09:30:12 65.4 64 2022/06/08 09:30:15 58.1 65 2022/06/08 09:30:18 52.0 66 2022/06/08 09:30:21 55.5 67 2022/06/08 09:30:24 49.3 68 2022/06/08 09:30:27 42.7 69 2022/06/08 09:30:30 41.1 70 2022/06/08 09:30:33 37.7 71 2022/06/08 09:30:36 37.3 72 2022/06/08 09:30:39 40.1 73 2022/06/08 09:30:42 38.0 74 2022/06/08 09:30:45 37.0 75 2022/06/08 09:30:48 41.1 76 2022/06/08 09:30:51 41.4 77 2022/06/08 09:30:54 48.2 78 2022/06/08 09:30:57 65.1 79 2022/06/08 09:31:00 67.8 80 2022/06/08 09:31:03 58.5 81 2022/06/08 09:31:06 56.0 82 2022/06/08 09:31:09 56.0 83 2022/06/08 09:31:12 55.9 84 2022/06/08 09:31:15 54.7 85 2022/06/08 09:31:18 57.6 86 2022/06/08 09:31:21 52.2 87 2022/06/08 09:31:24 48.9 88 2022/06/08 09:31:27 43.3 89 2022/06/08 09:31:30 40.9 90 2022/06/08 09:31:33 44.0 91 2022/06/08 09:31:36 49.9 92 2022/06/08 09:31:39 66.7 93 2022/06/08 09:31:42 71.7 94 2022/06/08 09:31:45 69.7 95 2022/06/08 09:31:48 63.6 96 2022/06/08 09:31:51 66.6 97 2022/06/08 09:31:54 67.1 98 2022/06/08 09:31:57 66.5 99 2022/06/08 09:32:00 67.4 100 2022/06/08 09:32:03 67.8 101 2022/06/08 09:32:06 63.5 102 2022/06/08 09:32:09 59.3 103 2022/06/08 09:32:12 54.3 104 2022/06/08 09:32:15 49.5 105 2022/06/08 09:32:18 50.3 106 2022/06/08 09:32:21 59.2 107 2022/06/08 09:32:24 58.9 108 2022/06/08 09:32:27 57.2 109 2022/06/08 09:32:30 49.6 110 2022/06/08 09:32:33 44.3 111 2022/06/08 09:32:36 43.6 112 2022/06/08 09:32:39 43.5 113 2022/06/08 09:32:42 47.1 114 2022/06/08 09:32:45 47.6 115 2022/06/08 09:32:48 52.1 116 2022/06/08 09:32:51 64.5 117 2022/06/08 09:32:54 68.9 118 2022/06/08 09:32:57 62.9 119 2022/06/08 09:33:00 71.1 120 2022/06/08 09:33:03 63.8 121 2022/06/08 09:33:06 56.4 122 2022/06/08 09:33:09 68.2 123 2022/06/08 09:33:12 67.1 124 2022/06/08 09:33:15 58.0 125 2022/06/08 09:33:18 52.4 126 2022/06/08 09:33:21 48.8 127 2022/06/08 09:33:24 46.6 128 2022/06/08 09:33:27 44.0 129 2022/06/08 09:33:30 52.2 130 2022/06/08 09:33:33 56.0 131 2022/06/08 09:33:36 59.7 132 2022/06/08 09:33:39 59.6 133 2022/06/08 09:33:42 53.6 134 2022/06/08 09:33:45 64.2 135 2022/06/08 09:33:48 61.7 136 2022/06/08 09:33:51 62.9 137 2022/06/08 09:33:54 69.0 138 2022/06/08 09:33:57 70.7 139 2022/06/08 09:34:00 67.3 140 2022/06/08 09:34:03 66.2 141 2022/06/08 09:34:06 67.8 142 2022/06/08 09:34:09 66.7 143 2022/06/08 09:34:12 59.7 144 2022/06/08 09:34:15 51.2 145 2022/06/08 09:34:18 51.5 146 2022/06/08 09:34:21 64.8 147 2022/06/08 09:34:24 55.3 148 2022/06/08 09:34:27 47.2 149 2022/06/08 09:34:30 43.3 150 2022/06/08 09:34:33 42.3 151 2022/06/08 09:34:36 48.0 152 2022/06/08 09:34:39 55.7 153 2022/06/08 09:34:42 54.8 154 2022/06/08 09:34:45 53.0 155 2022/06/08 09:34:48 51.9 156 2022/06/08 09:34:51 62.8 157 2022/06/08 09:34:54 69.7 158 2022/06/08 09:34:57 64.9 159 2022/06/08 09:35:00 66.3 160 2022/06/08 09:35:03 61.4 161 2022/06/08 09:35:06 57.9 162 2022/06/08 09:35:09 55.7 163 2022/06/08 09:35:12 60.3 164 2022/06/08 09:35:15 66.7 165 2022/06/08 09:35:18 58.4 166 2022/06/08 09:35:21 60.2 167 2022/06/08 09:35:24 60.3 168 2022/06/08 09:35:27 51.1 169 2022/06/08 09:35:30 51.5 170 2022/06/08 09:35:33 55.2 171 2022/06/08 09:35:36 60.5 172 2022/06/08 09:35:39 55.7 173 2022/06/08 09:35:42 49.6 174 2022/06/08 09:35:45 47.5 175 2022/06/08 09:35:48 54.8 176 2022/06/08 09:35:51 55.0 177 2022/06/08 09:35:54 63.0 178 2022/06/08 09:35:57 62.6 179 2022/06/08 09:36:00 62.1 180 2022/06/08 09:36:03 51.3 181 2022/06/08 09:36:06 45.0 182 2022/06/08 09:36:09 62.8 183 2022/06/08 09:36:12 56.2 184 2022/06/08 09:36:15 48.4 185 2022/06/08 09:36:18 49.2 186 2022/06/08 09:36:21 49.8 187 2022/06/08 09:36:24 54.4 188 2022/06/08 09:36:27 53.0 189 2022/06/08 09:36:30 69.6 190 2022/06/08 09:36:33 69.7 191 2022/06/08 09:36:36 69.9 192 2022/06/08 09:36:39 67.5 193 2022/06/08 09:36:42 71.0 194 2022/06/08 09:36:45 67.6 195 2022/06/08 09:36:48 65.0 196 2022/06/08 09:36:51 56.4 197 2022/06/08 09:36:54 46.5 198 2022/06/08 09:36:57 42.4 199 2022/06/08 09:37:00 42.9 200 2022/06/08 09:37:03 49.0 Data Logger 2 SET 3 A SLOW Range 40-100 L05 53.9 L10 52.7 L50 47.4 L90 42.4 L95 40.2 Max dB 67.0 2022/06/08 08:26:47 SEL 79.1 Leq 51.4 No.s Date Time dB 1 2022/06/08 08:22:48 48.5 2 2022/06/08 08:22:51 46.3 3 2022/06/08 08:22:54 46.1 4 2022/06/08 08:22:57 46.2 5 2022/06/08 08:23:00 47.7 6 2022/06/08 08:23:03 48.8 7 2022/06/08 08:23:06 49.8 8 2022/06/08 08:23:09 49.7 9 2022/06/08 08:23:12 49.1 10 2022/06/08 08:23:15 49.6 11 2022/06/08 08:23:18 48.7 12 2022/06/08 08:23:21 53.6 13 2022/06/08 08:23:24 52.8 14 2022/06/08 08:23:27 49.5 15 2022/06/08 08:23:30 52.7 16 2022/06/08 08:23:33 53.9 17 2022/06/08 08:23:36 53.9 18 2022/06/08 08:23:39 49.7 19 2022/06/08 08:23:42 45.7 20 2022/06/08 08:23:45 42.6 21 2022/06/08 08:23:48 41.2 22 2022/06/08 08:23:51 42.7 23 2022/06/08 08:23:54 46.1 24 2022/06/08 08:23:57 51.6 25 2022/06/08 08:24:00 49.9 26 2022/06/08 08:24:03 50.0 27 2022/06/08 08:24:06 49.7 28 2022/06/08 08:24:09 45.0 29 2022/06/08 08:24:12 42.4 30 2022/06/08 08:24:15 45.6 31 2022/06/08 08:24:18 44.1 32 2022/06/08 08:24:21 43.1 33 2022/06/08 08:24:24 43.1 34 2022/06/08 08:24:27 43.3 35 2022/06/08 08:24:30 43.0 Measurement 4 36 2022/06/08 08:24:33 44.2 37 2022/06/08 08:24:36 43.8 38 2022/06/08 08:24:39 44.5 39 2022/06/08 08:24:42 48.7 40 2022/06/08 08:24:45 52.6 41 2022/06/08 08:24:48 48.6 42 2022/06/08 08:24:51 45.5 43 2022/06/08 08:24:54 47.3 44 2022/06/08 08:24:57 45.0 45 2022/06/08 08:25:00 46.9 46 2022/06/08 08:25:03 47.2 47 2022/06/08 08:25:06 46.4 48 2022/06/08 08:25:09 45.8 49 2022/06/08 08:25:12 44.9 50 2022/06/08 08:25:15 45.1 51 2022/06/08 08:25:18 46.5 52 2022/06/08 08:25:21 47.1 53 2022/06/08 08:25:24 48.8 54 2022/06/08 08:25:27 49.8 55 2022/06/08 08:25:30 50.3 56 2022/06/08 08:25:33 49.0 57 2022/06/08 08:25:36 50.4 58 2022/06/08 08:25:39 45.0 59 2022/06/08 08:25:42 42.7 60 2022/06/08 08:25:45 42.7 61 2022/06/08 08:25:48 42.8 62 2022/06/08 08:25:51 42.8 63 2022/06/08 08:25:54 42.5 64 2022/06/08 08:25:57 42.8 65 2022/06/08 08:26:00 43.9 66 2022/06/08 08:26:03 45.9 67 2022/06/08 08:26:06 48.4 68 2022/06/08 08:26:09 50.6 69 2022/06/08 08:26:12 49.1 70 2022/06/08 08:26:15 49.3 71 2022/06/08 08:26:18 54.7 72 2022/06/08 08:26:21 51.1 73 2022/06/08 08:26:24 49.5 74 2022/06/08 08:26:27 50.5 75 2022/06/08 08:26:30 53.8 76 2022/06/08 08:26:33 56.6 77 2022/06/08 08:26:36 61.3 78 2022/06/08 08:26:39 60.4 79 2022/06/08 08:26:42 64.3 80 2022/06/08 08:26:45 66.5 81 2022/06/08 08:26:48 60.6 82 2022/06/08 08:26:51 58.5 83 2022/06/08 08:26:54 54.3 84 2022/06/08 08:26:57 49.1 85 2022/06/08 08:27:00 47.6 86 2022/06/08 08:27:03 46.7 87 2022/06/08 08:27:06 46.3 88 2022/06/08 08:27:09 45.4 89 2022/06/08 08:27:12 46.1 90 2022/06/08 08:27:15 47.3 91 2022/06/08 08:27:18 51.9 92 2022/06/08 08:27:21 52.8 93 2022/06/08 08:27:24 49.7 94 2022/06/08 08:27:27 49.2 95 2022/06/08 08:27:30 49.1 96 2022/06/08 08:27:33 47.7 97 2022/06/08 08:27:36 46.7 98 2022/06/08 08:27:39 47.4 99 2022/06/08 08:27:42 46.3 100 2022/06/08 08:27:45 45.6 101 2022/06/08 08:27:48 44.3 102 2022/06/08 08:27:51 44.0 103 2022/06/08 08:27:54 45.1 104 2022/06/08 08:27:57 44.3 105 2022/06/08 08:28:00 44.9 106 2022/06/08 08:28:03 44.5 107 2022/06/08 08:28:06 43.2 108 2022/06/08 08:28:09 43.1 109 2022/06/08 08:28:12 43.9 110 2022/06/08 08:28:15 44.1 111 2022/06/08 08:28:18 47.4 112 2022/06/08 08:28:21 53.5 113 2022/06/08 08:28:24 51.3 114 2022/06/08 08:28:27 46.0 115 2022/06/08 08:28:30 46.5 116 2022/06/08 08:28:33 50.1 117 2022/06/08 08:28:36 52.0 118 2022/06/08 08:28:39 60.6 119 2022/06/08 08:28:42 62.2 120 2022/06/08 08:28:45 51.9 121 2022/06/08 08:28:48 49.4 122 2022/06/08 08:28:51 52.3 123 2022/06/08 08:28:54 53.8 124 2022/06/08 08:28:57 52.3 125 2022/06/08 08:29:00 51.2 126 2022/06/08 08:29:03 49.3 127 2022/06/08 08:29:06 48.5 128 2022/06/08 08:29:09 51.5 129 2022/06/08 08:29:12 53.8 130 2022/06/08 08:29:15 51.3 131 2022/06/08 08:29:18 47.8 132 2022/06/08 08:29:21 47.6 133 2022/06/08 08:29:24 48.9 134 2022/06/08 08:29:27 51.1 135 2022/06/08 08:29:30 49.1 136 2022/06/08 08:29:33 46.4 137 2022/06/08 08:29:36 46.2 138 2022/06/08 08:29:39 43.7 139 2022/06/08 08:29:42 48.4 140 2022/06/08 08:29:45 47.8 141 2022/06/08 08:29:48 42.8 142 2022/06/08 08:29:51 42.7 143 2022/06/08 08:29:54 42.2 144 2022/06/08 08:29:57 42.3 145 2022/06/08 08:30:00 44.0 146 2022/06/08 08:30:03 45.4 147 2022/06/08 08:30:06 44.3 148 2022/06/08 08:30:09 43.4 149 2022/06/08 08:30:12 46.1 150 2022/06/08 08:30:15 51.1 151 2022/06/08 08:30:18 52.1 152 2022/06/08 08:30:21 49.9 153 2022/06/08 08:30:24 51.1 154 2022/06/08 08:30:27 48.8 155 2022/06/08 08:30:30 48.9 156 2022/06/08 08:30:33 50.1 157 2022/06/08 08:30:36 47.4 158 2022/06/08 08:30:39 46.1 159 2022/06/08 08:30:42 45.5 160 2022/06/08 08:30:45 47.7 161 2022/06/08 08:30:48 48.3 162 2022/06/08 08:30:51 48.5 163 2022/06/08 08:30:54 49.1 164 2022/06/08 08:30:57 49.5 165 2022/06/08 08:31:00 47.3 166 2022/06/08 08:31:03 48.0 167 2022/06/08 08:31:06 48.0 168 2022/06/08 08:31:09 48.0 169 2022/06/08 08:31:12 47.0 170 2022/06/08 08:31:15 47.3 171 2022/06/08 08:31:18 47.0 172 2022/06/08 08:31:21 47.9 173 2022/06/08 08:31:24 48.8 174 2022/06/08 08:31:27 48.7 175 2022/06/08 08:31:30 47.2 176 2022/06/08 08:31:33 46.8 177 2022/06/08 08:31:36 47.7 178 2022/06/08 08:31:39 46.7 179 2022/06/08 08:31:42 44.6 180 2022/06/08 08:31:45 42.8 181 2022/06/08 08:31:48 41.6 182 2022/06/08 08:31:51 40.7 183 2022/06/08 08:31:54 39.8 184 2022/06/08 08:31:57 39.6 185 2022/06/08 08:32:00 39.9 186 2022/06/08 08:32:03 40.3 187 2022/06/08 08:32:06 39.7 188 2022/06/08 08:32:09 39.6 189 2022/06/08 08:32:12 37.8 190 2022/06/08 08:32:15 39.0 191 2022/06/08 08:32:18 40.1 192 2022/06/08 08:32:21 42.4 193 2022/06/08 08:32:24 42.5 194 2022/06/08 08:32:27 40.1 195 2022/06/08 08:32:30 43.4 196 2022/06/08 08:32:33 50.0 197 2022/06/08 08:32:36 51.7 198 2022/06/08 08:32:39 50.9 199 2022/06/08 08:32:42 48.2 200 2022/06/08 08:32:45 45.4 Data Logger 2 SET 240 A SLOW Range 40-100 L05 57.8 L10 57.1 L50 52.7 L90 51.4 L95 50.9 Max dB 68.3 2022/06/07 09:49:57 SEL 82.2 Leq 54.5 No.s Date Time dB 1 2022/06/07 09:48:27 53.2 2 2022/06/07 09:52:27 54.3 Measurement 5 Data Logger 2 SET 3 A SLOW Range 40-100 L05 71.3 L10 70.2 L50 61.7 L90 42.7 L95 38.9 Max dB 75.6 2022/06/08 07:45:54 SEL 93.5 Leq 65.9 No.s Date Time dB 1 2022/06/08 07:43:55 59.3 2 2022/06/08 07:43:58 57.3 3 2022/06/08 07:44:01 63.8 4 2022/06/08 07:44:04 59.3 5 2022/06/08 07:44:07 61.7 6 2022/06/08 07:44:10 58.7 7 2022/06/08 07:44:13 60.8 8 2022/06/08 07:44:16 67.4 9 2022/06/08 07:44:19 68.2 10 2022/06/08 07:44:22 70.0 11 2022/06/08 07:44:25 67.0 12 2022/06/08 07:44:28 60.4 13 2022/06/08 07:44:31 66.6 14 2022/06/08 07:44:34 65.0 15 2022/06/08 07:44:37 61.1 16 2022/06/08 07:44:40 64.2 17 2022/06/08 07:44:43 55.3 18 2022/06/08 07:44:46 55.6 19 2022/06/08 07:44:49 67.3 20 2022/06/08 07:44:52 61.5 21 2022/06/08 07:44:55 54.8 22 2022/06/08 07:44:58 47.9 23 2022/06/08 07:45:01 43.6 24 2022/06/08 07:45:04 42.7 25 2022/06/08 07:45:07 39.0 26 2022/06/08 07:45:10 37.9 27 2022/06/08 07:45:13 38.4 28 2022/06/08 07:45:16 44.5 29 2022/06/08 07:45:19 55.2 30 2022/06/08 07:45:22 58.0 31 2022/06/08 07:45:25 61.1 32 2022/06/08 07:45:28 61.9 33 2022/06/08 07:45:31 60.8 34 2022/06/08 07:45:34 73.2 35 2022/06/08 07:45:37 63.4 Measurement 6 36 2022/06/08 07:45:40 65.1 37 2022/06/08 07:45:43 56.1 38 2022/06/08 07:45:46 67.0 39 2022/06/08 07:45:49 71.2 40 2022/06/08 07:45:52 75.6 41 2022/06/08 07:45:55 70.3 42 2022/06/08 07:45:58 70.6 43 2022/06/08 07:46:01 66.5 44 2022/06/08 07:46:04 69.5 45 2022/06/08 07:46:07 72.6 46 2022/06/08 07:46:10 71.8 47 2022/06/08 07:46:13 68.6 48 2022/06/08 07:46:16 66.2 49 2022/06/08 07:46:19 68.5 50 2022/06/08 07:46:22 65.0 51 2022/06/08 07:46:25 63.2 52 2022/06/08 07:46:28 69.7 53 2022/06/08 07:46:31 70.9 54 2022/06/08 07:46:34 69.8 55 2022/06/08 07:46:37 69.0 56 2022/06/08 07:46:40 67.3 57 2022/06/08 07:46:43 68.4 58 2022/06/08 07:46:46 68.0 59 2022/06/08 07:46:49 68.4 60 2022/06/08 07:46:52 68.7 61 2022/06/08 07:46:55 60.9 62 2022/06/08 07:46:58 68.5 63 2022/06/08 07:47:01 58.8 64 2022/06/08 07:47:04 54.0 65 2022/06/08 07:47:07 66.3 66 2022/06/08 07:47:10 69.9 67 2022/06/08 07:47:13 59.0 68 2022/06/08 07:47:16 51.4 69 2022/06/08 07:47:19 54.5 70 2022/06/08 07:47:22 70.6 71 2022/06/08 07:47:25 65.1 72 2022/06/08 07:47:28 63.8 73 2022/06/08 07:47:31 58.0 74 2022/06/08 07:47:34 65.2 75 2022/06/08 07:47:37 60.0 76 2022/06/08 07:47:40 56.8 77 2022/06/08 07:47:43 55.6 78 2022/06/08 07:47:46 53.5 79 2022/06/08 07:47:49 54.0 80 2022/06/08 07:47:52 50.3 81 2022/06/08 07:47:55 60.1 82 2022/06/08 07:47:58 66.9 83 2022/06/08 07:48:01 63.4 84 2022/06/08 07:48:04 63.4 85 2022/06/08 07:48:07 71.0 86 2022/06/08 07:48:10 66.3 87 2022/06/08 07:48:13 69.7 88 2022/06/08 07:48:16 69.5 89 2022/06/08 07:48:19 65.3 90 2022/06/08 07:48:22 62.7 91 2022/06/08 07:48:25 70.7 92 2022/06/08 07:48:28 64.8 93 2022/06/08 07:48:31 65.7 94 2022/06/08 07:48:34 69.6 95 2022/06/08 07:48:37 68.5 96 2022/06/08 07:48:40 65.9 97 2022/06/08 07:48:43 67.1 98 2022/06/08 07:48:46 62.3 99 2022/06/08 07:48:49 72.3 100 2022/06/08 07:48:52 70.1 101 2022/06/08 07:48:55 69.9 102 2022/06/08 07:48:58 60.3 103 2022/06/08 07:49:01 51.6 104 2022/06/08 07:49:04 42.6 105 2022/06/08 07:49:07 40.6 106 2022/06/08 07:49:10 42.9 107 2022/06/08 07:49:13 44.3 108 2022/06/08 07:49:16 39.1 109 2022/06/08 07:49:19 41.3 110 2022/06/08 07:49:22 54.6 111 2022/06/08 07:49:25 68.7 112 2022/06/08 07:49:28 61.7 113 2022/06/08 07:49:31 62.8 114 2022/06/08 07:49:34 54.8 115 2022/06/08 07:49:37 56.2 116 2022/06/08 07:49:40 50.5 117 2022/06/08 07:49:43 45.4 118 2022/06/08 07:49:46 51.8 119 2022/06/08 07:49:49 45.3 120 2022/06/08 07:49:52 44.7 121 2022/06/08 07:49:55 46.5 122 2022/06/08 07:49:58 52.1 123 2022/06/08 07:50:01 62.5 124 2022/06/08 07:50:04 67.9 125 2022/06/08 07:50:07 67.6 126 2022/06/08 07:50:10 70.1 127 2022/06/08 07:50:13 71.3 128 2022/06/08 07:50:16 71.0 129 2022/06/08 07:50:19 67.0 130 2022/06/08 07:50:22 70.1 131 2022/06/08 07:50:25 68.2 132 2022/06/08 07:50:28 60.6 133 2022/06/08 07:50:31 54.8 134 2022/06/08 07:50:34 48.2 135 2022/06/08 07:50:37 49.0 136 2022/06/08 07:50:40 49.3 137 2022/06/08 07:50:43 55.8 138 2022/06/08 07:50:46 69.6 139 2022/06/08 07:50:49 71.0 140 2022/06/08 07:50:52 64.1 141 2022/06/08 07:50:55 57.3 142 2022/06/08 07:50:58 60.0 143 2022/06/08 07:51:01 50.0 144 2022/06/08 07:51:04 43.2 145 2022/06/08 07:51:07 40.6 146 2022/06/08 07:51:10 37.8 147 2022/06/08 07:51:13 38.1 148 2022/06/08 07:51:16 40.5 149 2022/06/08 07:51:19 47.4 150 2022/06/08 07:51:22 61.6 151 2022/06/08 07:51:25 63.9 152 2022/06/08 07:51:28 57.4 153 2022/06/08 07:51:31 61.1 154 2022/06/08 07:51:34 59.0 155 2022/06/08 07:51:37 54.8 156 2022/06/08 07:51:40 50.4 157 2022/06/08 07:51:43 50.9 158 2022/06/08 07:51:46 63.1 159 2022/06/08 07:51:49 57.7 160 2022/06/08 07:51:52 56.9 161 2022/06/08 07:51:55 52.8 162 2022/06/08 07:51:58 50.4 163 2022/06/08 07:52:01 46.8 164 2022/06/08 07:52:04 38.3 165 2022/06/08 07:52:07 34.2 166 2022/06/08 07:52:10 35.9 167 2022/06/08 07:52:13 36.3 168 2022/06/08 07:52:16 37.6 169 2022/06/08 07:52:19 46.1 170 2022/06/08 07:52:22 56.3 171 2022/06/08 07:52:25 53.6 172 2022/06/08 07:52:28 50.5 173 2022/06/08 07:52:31 66.8 174 2022/06/08 07:52:34 70.5 175 2022/06/08 07:52:37 67.5 176 2022/06/08 07:52:40 70.5 177 2022/06/08 07:52:43 69.3 178 2022/06/08 07:52:46 69.3 179 2022/06/08 07:52:49 69.6 180 2022/06/08 07:52:52 71.5 181 2022/06/08 07:52:55 63.6 182 2022/06/08 07:52:58 69.8 183 2022/06/08 07:53:01 61.7 184 2022/06/08 07:53:04 61.9 185 2022/06/08 07:53:07 64.9 186 2022/06/08 07:53:10 65.2 187 2022/06/08 07:53:13 63.6 188 2022/06/08 07:53:16 69.3 189 2022/06/08 07:53:19 69.5 190 2022/06/08 07:53:22 69.1 191 2022/06/08 07:53:25 59.1 192 2022/06/08 07:53:28 49.7 193 2022/06/08 07:53:31 44.8 194 2022/06/08 07:53:34 52.0 195 2022/06/08 07:53:37 57.9 196 2022/06/08 07:53:40 51.5 197 2022/06/08 07:53:43 51.2 198 2022/06/08 07:53:46 51.7 199 2022/06/08 07:53:49 65.5 200 2022/06/08 07:53:52 69.3 Data Logger 2 SET 3 A SLOW Range 40-100 L05 60.8 L10 57.8 L50 49.6 L90 42.8 L95 39.5 Max dB 69.3 2022/06/08 08:10:59 SEL 82.1 Leq 54.4 No.s Date Time dB 1 2022/06/08 08:03:21 59.4 2 2022/06/08 08:03:24 60.2 3 2022/06/08 08:03:27 56.9 4 2022/06/08 08:03:30 50.8 5 2022/06/08 08:03:33 42.4 6 2022/06/08 08:03:36 40.9 7 2022/06/08 08:03:39 46.5 8 2022/06/08 08:03:42 42.3 9 2022/06/08 08:03:45 42.5 10 2022/06/08 08:03:48 41.1 11 2022/06/08 08:03:51 39.0 12 2022/06/08 08:03:54 38.4 13 2022/06/08 08:03:57 38.4 14 2022/06/08 08:04:00 38.4 15 2022/06/08 08:04:03 38.9 16 2022/06/08 08:04:06 41.6 17 2022/06/08 08:04:09 50.1 18 2022/06/08 08:04:12 65.7 19 2022/06/08 08:04:15 63.9 20 2022/06/08 08:04:18 60.0 21 2022/06/08 08:04:21 53.7 22 2022/06/08 08:04:24 50.1 23 2022/06/08 08:04:27 51.2 24 2022/06/08 08:04:30 48.9 25 2022/06/08 08:04:33 56.3 26 2022/06/08 08:04:36 48.5 27 2022/06/08 08:04:39 43.2 28 2022/06/08 08:04:42 46.9 29 2022/06/08 08:04:45 49.8 30 2022/06/08 08:04:48 48.1 31 2022/06/08 08:04:51 48.9 32 2022/06/08 08:04:54 61.9 33 2022/06/08 08:04:57 61.5 34 2022/06/08 08:05:00 57.4 35 2022/06/08 08:05:03 52.7 Measurement 7 36 2022/06/08 08:05:06 60.8 37 2022/06/08 08:05:09 57.4 38 2022/06/08 08:05:12 51.2 39 2022/06/08 08:05:15 49.3 40 2022/06/08 08:05:18 49.0 41 2022/06/08 08:05:21 52.0 42 2022/06/08 08:05:24 45.3 43 2022/06/08 08:05:27 48.6 44 2022/06/08 08:05:30 51.3 45 2022/06/08 08:05:33 50.7 46 2022/06/08 08:05:36 45.5 47 2022/06/08 08:05:39 47.7 48 2022/06/08 08:05:42 44.9 49 2022/06/08 08:05:45 38.7 50 2022/06/08 08:05:48 38.3 51 2022/06/08 08:05:51 45.8 52 2022/06/08 08:05:54 51.5 53 2022/06/08 08:05:57 52.9 54 2022/06/08 08:06:00 46.0 55 2022/06/08 08:06:03 49.8 56 2022/06/08 08:06:06 57.2 57 2022/06/08 08:06:09 61.7 58 2022/06/08 08:06:12 57.8 59 2022/06/08 08:06:15 48.9 60 2022/06/08 08:06:18 52.2 61 2022/06/08 08:06:21 56.1 62 2022/06/08 08:06:24 59.1 63 2022/06/08 08:06:27 55.1 64 2022/06/08 08:06:30 62.3 65 2022/06/08 08:06:33 57.2 66 2022/06/08 08:06:36 53.3 67 2022/06/08 08:06:39 47.3 68 2022/06/08 08:06:42 43.9 69 2022/06/08 08:06:45 49.6 70 2022/06/08 08:06:48 46.7 71 2022/06/08 08:06:51 50.0 72 2022/06/08 08:06:54 42.8 73 2022/06/08 08:06:57 51.0 74 2022/06/08 08:07:00 48.7 75 2022/06/08 08:07:03 50.5 76 2022/06/08 08:07:06 49.4 77 2022/06/08 08:07:09 47.9 78 2022/06/08 08:07:12 44.4 79 2022/06/08 08:07:15 43.6 80 2022/06/08 08:07:18 50.1 81 2022/06/08 08:07:21 50.1 82 2022/06/08 08:07:24 52.4 83 2022/06/08 08:07:27 52.1 84 2022/06/08 08:07:30 46.0 85 2022/06/08 08:07:33 51.7 86 2022/06/08 08:07:36 50.4 87 2022/06/08 08:07:39 45.6 88 2022/06/08 08:07:42 46.4 89 2022/06/08 08:07:45 48.8 90 2022/06/08 08:07:48 47.1 91 2022/06/08 08:07:51 46.1 92 2022/06/08 08:07:54 47.3 93 2022/06/08 08:07:57 49.5 94 2022/06/08 08:08:00 44.5 95 2022/06/08 08:08:03 49.5 96 2022/06/08 08:08:06 53.7 97 2022/06/08 08:08:09 48.1 98 2022/06/08 08:08:12 49.0 99 2022/06/08 08:08:15 62.1 100 2022/06/08 08:08:18 56.7 101 2022/06/08 08:08:21 50.0 102 2022/06/08 08:08:24 50.6 103 2022/06/08 08:08:27 51.5 104 2022/06/08 08:08:30 45.3 105 2022/06/08 08:08:33 42.4 106 2022/06/08 08:08:36 50.8 107 2022/06/08 08:08:39 49.1 108 2022/06/08 08:08:42 48.2 109 2022/06/08 08:08:45 47.4 110 2022/06/08 08:08:48 46.4 111 2022/06/08 08:08:51 50.1 112 2022/06/08 08:08:54 50.2 113 2022/06/08 08:08:57 48.7 114 2022/06/08 08:09:00 51.4 115 2022/06/08 08:09:03 52.7 116 2022/06/08 08:09:06 43.3 117 2022/06/08 08:09:09 43.1 118 2022/06/08 08:09:12 51.7 119 2022/06/08 08:09:15 51.5 120 2022/06/08 08:09:18 49.2 121 2022/06/08 08:09:21 53.1 122 2022/06/08 08:09:24 59.3 123 2022/06/08 08:09:27 60.8 124 2022/06/08 08:09:30 58.7 125 2022/06/08 08:09:33 53.2 126 2022/06/08 08:09:36 53.3 127 2022/06/08 08:09:39 52.4 128 2022/06/08 08:09:42 51.8 129 2022/06/08 08:09:45 51.2 130 2022/06/08 08:09:48 48.4 131 2022/06/08 08:09:51 42.0 132 2022/06/08 08:09:54 42.1 133 2022/06/08 08:09:57 48.6 134 2022/06/08 08:10:00 48.2 135 2022/06/08 08:10:03 47.3 136 2022/06/08 08:10:06 47.5 137 2022/06/08 08:10:09 48.9 138 2022/06/08 08:10:12 54.5 139 2022/06/08 08:10:15 45.3 140 2022/06/08 08:10:18 45.4 141 2022/06/08 08:10:21 48.4 142 2022/06/08 08:10:24 51.8 143 2022/06/08 08:10:27 48.7 144 2022/06/08 08:10:30 42.2 145 2022/06/08 08:10:33 47.0 146 2022/06/08 08:10:36 47.9 147 2022/06/08 08:10:39 49.0 148 2022/06/08 08:10:42 51.4 149 2022/06/08 08:10:45 48.5 150 2022/06/08 08:10:48 51.5 151 2022/06/08 08:10:51 54.7 152 2022/06/08 08:10:54 58.9 153 2022/06/08 08:10:57 69.3 154 2022/06/08 08:11:00 62.8 155 2022/06/08 08:11:03 54.3 156 2022/06/08 08:11:06 48.8 157 2022/06/08 08:11:09 51.0 158 2022/06/08 08:11:12 50.0 159 2022/06/08 08:11:15 46.5 160 2022/06/08 08:11:18 47.6 161 2022/06/08 08:11:21 50.6 162 2022/06/08 08:11:24 49.4 163 2022/06/08 08:11:27 51.6 164 2022/06/08 08:11:30 49.3 165 2022/06/08 08:11:33 51.8 166 2022/06/08 08:11:36 53.1 167 2022/06/08 08:11:39 49.9 168 2022/06/08 08:11:42 48.7 169 2022/06/08 08:11:45 50.6 170 2022/06/08 08:11:48 49.5 171 2022/06/08 08:11:51 51.0 172 2022/06/08 08:11:54 51.0 173 2022/06/08 08:11:57 51.3 174 2022/06/08 08:12:00 48.3 175 2022/06/08 08:12:03 47.7 176 2022/06/08 08:12:06 50.5 177 2022/06/08 08:12:09 46.2 178 2022/06/08 08:12:12 44.7 179 2022/06/08 08:12:15 44.5 180 2022/06/08 08:12:18 48.9 181 2022/06/08 08:12:21 48.1 182 2022/06/08 08:12:24 51.1 183 2022/06/08 08:12:27 49.4 184 2022/06/08 08:12:30 42.7 185 2022/06/08 08:12:33 49.2 186 2022/06/08 08:12:36 48.9 187 2022/06/08 08:12:39 51.4 188 2022/06/08 08:12:42 52.4 189 2022/06/08 08:12:45 47.8 190 2022/06/08 08:12:48 40.1 191 2022/06/08 08:12:51 39.2 192 2022/06/08 08:12:54 39.2 193 2022/06/08 08:12:57 44.2 194 2022/06/08 08:13:00 44.1 195 2022/06/08 08:13:03 47.5 196 2022/06/08 08:13:06 63.5 197 2022/06/08 08:13:09 59.1 198 2022/06/08 08:13:12 58.1 199 2022/06/08 08:13:15 59.4 200 2022/06/08 08:13:18 50.4 Data Logger 2 SET 240 A SLOW Range 40-100 L05 68.9 L10 67.2 L50 60.0 L90 50.8 L95 48.8 Max dB 72.3 2022/06/07 10:10:46 SEL 91.1 Leq 63.4 No.s Date Time dB 1 2022/06/07 10:08:45 60.5 2 2022/06/07 10:12:45 55.1 Measurement 8 Data Logger 2 SET 240 A SLOW Range 40-100 L05 72.2 L10 70.8 L50 61.1 L90 52.8 L95 51.3 Max dB 77.2 2022/06/07 10:28:10 SEL 94.0 Leq 66.3 No.s Date Time dB 1 2022/06/07 10:24:42 54.7 2 2022/06/07 10:28:42 60.6 Measurement 9 Data Logger 2 SET 240 A SLOW Range 40-100 L05 59.0 L10 58.1 L50 53.7 L90 50.6 L95 48.6 Max dB 63.2 2022/06/07 07:43:56 SEL 82.9 Leq 55.2 No.s Date Time dB 1 2022/06/07 07:37:48 51.0 2 2022/06/07 07:41:48 53.6 Measurement 10 Data Logger 2 SET 3 A SLOW Range 40-100 L05 46.5 L10 46.2 L50 44.1 L90 42.8 L95 42.6 Max dB 51.3 2022/06/08 10:30:50 SEL 72.1 Leq 44.4 No.s Date Time dB 1 2022/06/08 10:28:56 46.8 2 2022/06/08 10:28:59 46.2 3 2022/06/08 10:29:02 43.9 4 2022/06/08 10:29:05 45.6 5 2022/06/08 10:29:08 47.2 6 2022/06/08 10:29:11 43.8 7 2022/06/08 10:29:14 47.9 8 2022/06/08 10:29:17 44.4 9 2022/06/08 10:29:20 45.8 10 2022/06/08 10:29:23 46.5 11 2022/06/08 10:29:26 46.5 12 2022/06/08 10:29:29 46.1 13 2022/06/08 10:29:32 45.8 14 2022/06/08 10:29:35 45.8 15 2022/06/08 10:29:38 44.5 16 2022/06/08 10:29:41 45.7 17 2022/06/08 10:29:44 46.0 18 2022/06/08 10:29:47 46.4 19 2022/06/08 10:29:50 45.4 20 2022/06/08 10:29:53 45.7 21 2022/06/08 10:29:56 44.6 22 2022/06/08 10:29:59 44.3 23 2022/06/08 10:30:02 43.9 24 2022/06/08 10:30:05 45.5 25 2022/06/08 10:30:08 44.6 26 2022/06/08 10:30:11 45.0 27 2022/06/08 10:30:14 44.4 28 2022/06/08 10:30:17 43.9 29 2022/06/08 10:30:20 44.7 30 2022/06/08 10:30:23 44.1 31 2022/06/08 10:30:26 44.1 32 2022/06/08 10:30:29 43.9 33 2022/06/08 10:30:32 45.9 34 2022/06/08 10:30:35 45.7 35 2022/06/08 10:30:38 46.1 Measurement 11 36 2022/06/08 10:30:41 45.7 37 2022/06/08 10:30:44 46.1 38 2022/06/08 10:30:47 50.0 39 2022/06/08 10:30:50 45.2 40 2022/06/08 10:30:53 44.7 41 2022/06/08 10:30:56 46.2 42 2022/06/08 10:30:59 46.1 43 2022/06/08 10:31:02 46.6 44 2022/06/08 10:31:05 46.6 45 2022/06/08 10:31:08 46.9 46 2022/06/08 10:31:11 46.8 47 2022/06/08 10:31:14 45.9 48 2022/06/08 10:31:17 45.9 49 2022/06/08 10:31:20 46.2 50 2022/06/08 10:31:23 45.5 51 2022/06/08 10:31:26 44.1 52 2022/06/08 10:31:29 45.0 53 2022/06/08 10:31:32 45.3 54 2022/06/08 10:31:35 45.7 55 2022/06/08 10:31:38 45.9 56 2022/06/08 10:31:41 46.3 57 2022/06/08 10:31:44 46.3 58 2022/06/08 10:31:47 47.1 59 2022/06/08 10:31:50 46.8 60 2022/06/08 10:31:53 45.4 61 2022/06/08 10:31:56 44.7 62 2022/06/08 10:31:59 43.9 63 2022/06/08 10:32:02 43.7 64 2022/06/08 10:32:05 43.6 65 2022/06/08 10:32:08 43.6 66 2022/06/08 10:32:11 44.0 67 2022/06/08 10:32:14 44.2 68 2022/06/08 10:32:17 43.9 69 2022/06/08 10:32:20 44.4 70 2022/06/08 10:32:23 43.6 71 2022/06/08 10:32:26 44.4 72 2022/06/08 10:32:29 43.2 73 2022/06/08 10:32:32 42.6 74 2022/06/08 10:32:35 43.0 75 2022/06/08 10:32:38 42.9 76 2022/06/08 10:32:41 43.9 77 2022/06/08 10:32:44 43.8 78 2022/06/08 10:32:47 43.0 79 2022/06/08 10:32:50 43.5 80 2022/06/08 10:32:53 44.0 81 2022/06/08 10:32:56 42.7 82 2022/06/08 10:32:59 43.5 83 2022/06/08 10:33:02 43.0 84 2022/06/08 10:33:05 43.0 85 2022/06/08 10:33:08 43.0 86 2022/06/08 10:33:11 42.5 87 2022/06/08 10:33:14 43.0 88 2022/06/08 10:33:17 43.2 89 2022/06/08 10:33:20 43.0 90 2022/06/08 10:33:23 43.0 91 2022/06/08 10:33:26 42.4 92 2022/06/08 10:33:29 43.1 93 2022/06/08 10:33:32 43.6 94 2022/06/08 10:33:35 42.9 95 2022/06/08 10:33:38 44.2 96 2022/06/08 10:33:41 44.5 97 2022/06/08 10:33:44 42.8 98 2022/06/08 10:33:47 42.7 99 2022/06/08 10:33:50 43.8 100 2022/06/08 10:33:53 43.3 101 2022/06/08 10:33:56 42.9 102 2022/06/08 10:33:59 42.8 103 2022/06/08 10:34:02 42.0 104 2022/06/08 10:34:05 42.4 105 2022/06/08 10:34:08 42.6 106 2022/06/08 10:34:11 42.8 107 2022/06/08 10:34:14 42.7 108 2022/06/08 10:34:17 43.1 109 2022/06/08 10:34:20 43.5 110 2022/06/08 10:34:23 43.4 111 2022/06/08 10:34:26 43.8 112 2022/06/08 10:34:29 43.6 113 2022/06/08 10:34:32 43.3 114 2022/06/08 10:34:35 43.1 115 2022/06/08 10:34:38 44.6 116 2022/06/08 10:34:41 43.1 117 2022/06/08 10:34:44 43.8 118 2022/06/08 10:34:47 44.1 119 2022/06/08 10:34:50 43.8 120 2022/06/08 10:34:53 44.0 121 2022/06/08 10:34:56 43.9 122 2022/06/08 10:34:59 44.5 123 2022/06/08 10:35:02 44.1 124 2022/06/08 10:35:05 43.9 125 2022/06/08 10:35:08 43.9 126 2022/06/08 10:35:11 43.2 127 2022/06/08 10:35:14 43.6 128 2022/06/08 10:35:17 44.0 129 2022/06/08 10:35:20 44.1 130 2022/06/08 10:35:23 44.7 131 2022/06/08 10:35:26 44.2 132 2022/06/08 10:35:29 43.5 133 2022/06/08 10:35:32 43.5 134 2022/06/08 10:35:35 42.7 135 2022/06/08 10:35:38 42.5 136 2022/06/08 10:35:41 43.2 137 2022/06/08 10:35:44 43.6 138 2022/06/08 10:35:47 42.9 139 2022/06/08 10:35:50 43.3 140 2022/06/08 10:35:53 43.4 141 2022/06/08 10:35:56 43.4 142 2022/06/08 10:35:59 42.6 143 2022/06/08 10:36:02 42.7 144 2022/06/08 10:36:05 42.9 145 2022/06/08 10:36:08 42.7 146 2022/06/08 10:36:11 42.9 147 2022/06/08 10:36:14 44.2 148 2022/06/08 10:36:17 46.6 149 2022/06/08 10:36:20 45.0 150 2022/06/08 10:36:23 43.3 151 2022/06/08 10:36:26 43.8 152 2022/06/08 10:36:29 43.6 153 2022/06/08 10:36:32 43.4 154 2022/06/08 10:36:35 44.0 155 2022/06/08 10:36:38 44.5 156 2022/06/08 10:36:41 44.4 157 2022/06/08 10:36:44 45.8 158 2022/06/08 10:36:47 45.3 159 2022/06/08 10:36:50 44.4 160 2022/06/08 10:36:53 44.7 161 2022/06/08 10:36:56 44.7 162 2022/06/08 10:36:59 44.7 163 2022/06/08 10:37:02 43.8 164 2022/06/08 10:37:05 44.3 165 2022/06/08 10:37:08 42.7 166 2022/06/08 10:37:11 42.7 167 2022/06/08 10:37:14 43.0 168 2022/06/08 10:37:17 43.4 169 2022/06/08 10:37:20 43.2 170 2022/06/08 10:37:23 43.1 171 2022/06/08 10:37:26 43.3 172 2022/06/08 10:37:29 44.0 173 2022/06/08 10:37:32 43.7 174 2022/06/08 10:37:35 44.1 175 2022/06/08 10:37:38 44.3 176 2022/06/08 10:37:41 45.2 177 2022/06/08 10:37:44 45.0 178 2022/06/08 10:37:47 44.9 179 2022/06/08 10:37:50 45.9 180 2022/06/08 10:37:53 44.8 181 2022/06/08 10:37:56 44.3 182 2022/06/08 10:37:59 44.8 183 2022/06/08 10:38:02 45.1 184 2022/06/08 10:38:05 46.6 185 2022/06/08 10:38:08 45.6 186 2022/06/08 10:38:11 45.1 187 2022/06/08 10:38:14 46.0 188 2022/06/08 10:38:17 44.6 189 2022/06/08 10:38:20 44.1 190 2022/06/08 10:38:23 46.1 191 2022/06/08 10:38:26 44.8 192 2022/06/08 10:38:29 44.2 193 2022/06/08 10:38:32 45.3 194 2022/06/08 10:38:35 44.4 195 2022/06/08 10:38:38 44.6 196 2022/06/08 10:38:41 46.6 197 2022/06/08 10:38:44 44.8 198 2022/06/08 10:38:47 45.6 199 2022/06/08 10:38:50 45.7 200 2022/06/08 10:38:53 43.5 Data Logger 2 SET 240 A SLOW Range 40-100 L05 64.7 L10 62.6 L50 57.1 L90 55.0 L95 54.6 Max dB 71.1 2022/06/07 09:30:27 SEL 87.3 Leq 59.6 No.s Date Time dB 1 2022/06/07 09:28:49 55.9 2 2022/06/07 09:32:49 57.2 Measurement 12 Data Logger 2 SET 240 A SLOW Range 40-100 L05 64.5 L10 62.6 L50 58.8 L90 42.5 L95 41.5 Max dB 70.6 2022/06/07 09:11:58 SEL 87.6 Leq 59.9 No.s Date Time dB 1 2022/06/07 09:06:46 63.8 2 2022/06/07 09:10:46 62.6 Measurement 13 Data Logger 2 SET 240 A SLOW Range 40-100 L05 60.9 L10 54.2 L50 44.8 L90 41.5 L95 41.1 Max dB 68.9 2022/06/07 08:41:21 SEL 81.9 Leq 54.2 No.s Date Time dB 1 2022/06/07 08:40:48 44.3 2 2022/06/07 08:44:48 41.1 Measurement 14 Data Logger 2 SET 240 A SLOW Range 40-100 L05 71.4 L10 69.9 L50 56.6 L90 45.8 L95 45.3 Max dB 74.6 2022/06/07 08:21:18 SEL 92.2 Leq 64.5 No.s Date Time dB 1 2022/06/07 08:12:31 49.8 2 2022/06/07 08:16:31 62.6 Measurement 15 Roadway Construction Noise Model (RCNM),Version 1.1 Report date: 04/29/2023 Case Description: Housing Element Implementation and Public Safety Element Update **** Receptor #1 **** Baselines (dBA) Description Land Use Daytime Evening Night ----------- -------- ------- ------- ----- 50 Feet from Construction Residential 65.0 65.0 65.0 Equipment --------- Spec Actual Receptor Estimated Impact Usage Lmax Lmax Distance Shielding Description Device (%) (dBA) (dBA) (feet) (dBA) ----------- ------ ----- ----- ----- -------- --------- Excavator No 40 80.7 50.0 0.0 Dozer No 40 81.7 50.0 0.0 Jackhammer Yes 20 88.9 50.0 0.0 Results ------- Noise Limits (dBA) Noise Limit Exceedance (dBA) ---------------------------------------------- ---------------------------------------------- Calculated (dBA) Day Evening Night Day Evening Night ---------------- -------------- ------------- -------------- -------------- -------------- -------------- Equipment Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq Lmax Leq ---------------------- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ Excavator 80.7 76.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Dozer 81.7 77.7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Jackhammer 88.9 81.9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Total 88.9 84.2 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 38HDRPerformance™ Series Air Conditionerwith Puronr Refrigerant1 --- 1/2 to 5 Nominal Tons Product Data the environmentally sound refrigerant Carrier’s Air Conditioners with Puronr refrigerant provide a collection of features unmatched by any other family of equipment. The 38HDR has been designed utilizing Carrier’s Puron refrigerant. The environmentally sound refrigerant allows you to make a responsible decision in the protection of the earth’s ozone layer. As an Energy Starr Partner, Carrier Corporation has determined that this product meets the Energy Starr guidelines for energy efficiency. Refer to the combination ratings in the Product Data for system combinations that meet Energy Starr guidelines. NOTE:Ratings contained in this document are subject tochange at any time. Always refer to the AHRI directory(www.ahridirectory.org) for the most up--to--date ratingsinformation. INDUSTRY LEADING FEATURES / BENEFITS Energy Efficiency S 13 -- 15 SEER/10.9 -- 12.5 EER Sound S Levels as low as 68 dBA Design Features S New aesthetics S Small footprint, same as old model and “stackable” S WeatherArmort cabinet ⎯All steel cabinet construction ⎯Baked on powder paint ⎯Mesh coil guard Reliability, Quality and Toughness S Scroll compressor S Crankcase Heater standard on sizes 030--060 S Factory--supplied filter drier S High pressure switch S Low pressure switch S Line lengths up to 250’ (76.2 m) S Low ambient operation (down to --20_F/--28.9_C) with low ambient accessories. 2 MODEL NUMBER NOMENCLATURE 123 4 5 678 N 91011 12 13 N N A A A/N N N A/N A/N A/N N N 38H D R018 A00 3 0 Product Series HDR = Horizontal DischargeCondensing Unit Cooling Capacity 1,000 Btuh Nominal Variations Open Open Voltage MinorSeries 0, 1, 2...38=AC/HP Major Model A=Standard 0=Not Defined 0=Not Defined 3=208/230---1 5=208/230---3 6=460/3 the environmentally sound refrigerant REGISTERED ISO 9001:2000 This product has been designed and manufactured tomeet Energy Star®criteria for energy efficiency whenmatched with appropriate coil components. However,proper refrigerant charge and proper air flow are criticalto achieve rated capacity and efficiency. Installation ofthis product should follow all manufacturing refrigerantcharging and air flow instructions.Failure to confirmproper charge and air flow may reduce energyefficiency and shorten equipment life. PHYSICAL DATA UNIT 38HDR 018 024 030 036 048 060 NOMINAL CAPACITY (Tons)1.5 2.0 2.50 3.0 4.0 5.0 OPERATING WEIGHT lb (kg)155 (70.3)180 (81.6)200 (90.7)218 (98.9)284 (128.8)294 (133.4) REFRIGERANT TYPE R---410A METERING DEVICE TXV CHARGE lb (kg)6.3 (2.86)6.0 (2.73)8.7 (3.95)8.7 (3.95)11.5 (5.23)12.0 (5.45) COMPRESSOR Type Scroll Oil Charge (POE --- oz)25.0 25.0 25.0 25.0 42.0 42.0 Crankcase Heater (watts)——40 40 40 40 OUTDOOR FAN Rpm/Cfm 840/1720 840/1720 850/3900 850/3900 850/3900 850/3900 Diameter in. (mm)18 (457)18 (457)24 (610)24 (610)24 (610)24 (610) No. Blades 3 3 3 3 3 3 Motor hp (w)1/8 (93)1/8 (93)1/4 (187)1/4 (187)1/4 (187)1/4 (187) OUTDOOR COIL Face Area (sq ft)5.8 7.3 12.1 12.1 14.1 14.1 No. Rows 2 2 2 2 2 2 FPI 20 20 20 20 20 20 HIGH PRESSURE SWITCH Cut---In (psig) Cutout (psig) 420±25650±10 420 ±25650±10 420 ±25650±10 420 ±25650±10 420 ±25650±10 420 ±25650±10 LOW PRESSURE SWITCH Cut---In (psig) Cutout (psig)45 ±2520±5 45 ±2520±5 45 ±2520±5 45 ±2520±5 45 ±2520±5 45±2520±5 REFRIGERANT LINES Connection Type Sweat Max. Liquid Line* (in.) OD 3/8 3/8 3/8 3/8 3/8 3/8 Rated Vapor Line†(in.) OD 5/8 5/8 3/4 3/4 7/8 1 --- 1/8** CONTROLS Control Voltage}24 vac System Voltage 208/230 v 208/230 v 208/230 v 208/230 v, Single and 3 Phase, 460 v, 3 Phase FINISH Gray *SeeLiquid Line Sizing For Cooling Only Systems with Puron Refrigerant tables. {Units are rated with 25 ft (7.6 m) of lineset length. See Vapor Line Sizing and Cooling Capacity Loss table when using other sizes and lengths of lineset. }24 v and a minimum of 40 va is provided in the fan coil unit. ** Vapor connection size is 7/8 inch. FPI --- Fins Per Inch POE --- Polyol Ester 38 H D R 3 REFRIGERANT PIPING LENGTH LIMITATIONS Liquid Line Sizing and Maximum Total Equivalent Lengths {for Cooling Only Systems with Puronr Refrigerant: The maximum allowable length of a residential split system depends on the liquid line diameter and vertical separation between indoor and outdoor units. See Table below for liquid line sizing and maximum lengths : Maximum Total Equivalent Length Outdoor Unit BELOW Indoor Unit Size Liquid LineConnection LiquidLineDiam.w/ TXV AC with Puron Refrigerant Maximum Total Equivalent Length{: Outdoor unit BELOW IndoorVertical Separation ft (m) 0 --- 5(0---1.5)6 --- 10(1.8---3.0)11---20(3.4---6.1)21---30(6.4---9.1)31---40(9.4---12.2)41---50(12.5---15.2)51---60(15.5---18.3)61---70(18.6---21.3)71---80(21.6---24.4) 018AC withPuron 3/8 1/4 150 150 125 100 100 75 --- ------ ------ --- 5/16 250*250*250*250*250*250*250*225*150 3/8 250*250*250*250*250*250*250*250*250* 024AC withPuron 3/8 1/4 75 75 75 50 50 --- ------ ------ ------ --- 5/16 250*250*250*250*250*225*175 125 100 3/8 250*250*250*250*250*250*250*250*250* 030 AC withPuron 3/8 1/4 30 --- ------ ------ ------ ------ ------ ------ ------ --- 5/16 175 225*200 175 125 100 75 --- ------ --- 3/8 250*250*250*250*250*250*250*250*250*036AC withPuron 3/8 5/16 175 150 150 100 100 100 75 --- ------ --- 3//8 250*250*250*250*250*250*250*250*250* 048AC withPuron 3/8 3/8 250*250*250*250*250*250*230 160 --- --- 060AC withPuron 3/8 3/8 250*250*250*225*190 150 110 --- ------ --- * Maximum actual length not to exceed 200 ft (61 m) {Total equivalent length accounts for losses due to elbows or fitting. See the Long Line Guideline for details. --- --- = o uts id e acce p tab le rang e Maximum Total Equivalent Length Outdoor Unit ABOVE Indoor Unit Size Liquid LineConnection LiquidLineDiam.w/ TXV AC with Puron Refrigerant Maximum Total Equivalent Length{: Outdoor unit ABOVE IndoorVertical Separation ft (m) 25(7.6)26---50(7.9---15.2)51---75(15.5---22.9)76---100(23.2---30.5)101---125(30.8---38.1)126---150(38.4---45.7)151---175(46.0---53.3)176---200(53.6---61.0) 018AC withPuron 3/8 1/4 175 250*250*250*250*250*250*250* 5/16 250*250*250*250*250*250*250*250* 3/8 250*250*250*250*250*250*250*250* 024AC withPuron 3/8 1/4 100 125 175 200 225*250*250*250* 5/16 250*250*250*250*250*250*250*250* 3/8 250*250*250*250*250*250*250*250* 030AC withPuron 3/8 1/4 30 --- ------ ------ ------ ------ ------ ------ --- 5/16 250*250*250*250*250*250*250*250* 3/8 250*250*250*250*250*250*250*250* 036AC withPuron 3/8 5/16 225*250*250*250*250*250*250*250* 3/8 250*250*250*250*250*250*250*250* 048 AC withPuron 3/8 3/8 250*250*250*250*250*250*250*250* 060 AC withPuron 3/8 3/8 250*250*250*250*250*250*250*250* * Maximum actual length not to exceed 200 ft (61 m) {Total equivalent length accounts for losses due to elbows or fitting. See the Long Line Guideline for details. --- --- = o uts id e acce p tab le rang e 38 H D R 4 REFRIGERANT CHARGE ADJUSTMENTS Liquid Line Size Puron Charge oz/ft (g/m) 3/8 0.60 (17.74) (Factory charge for lineset = 9 oz / 266.16 g) 5/16 0.40 (11.83) 1/4 0.27 (7.98) Units are factory charged for 15 ft (4.6 m) of 3/8” liquid line. The factory charge for 3/8” lineset 9 oz (266.16 g). When using other length or diameter liquid lines, charge adjustments are required per the chart above. Charging Formula: [(Lineset oz/ft x total length) – (factory charge for lineset)] = charge adjustment Example 1:System has 15 ft of line set using existing 1/4“ liquid line. What charge adjustment is required? Formula: (.27 oz/ft x 15ft) – (9 oz) = (-4.95) oz. Net result is to remove 4.95 oz of refrigerant from the system Example 2:System has 45 ft of existing 5/16” liquid line. What is the charge adjustment? Formula: (.40 oz/ft. x 45ft) – (9 oz.) = 9 oz. Net result is to add 9 oz of refrigerant to the system LONG LINE APPLICATIONS An application is considered Long Line, when the refrigerant level in the system requires the use of accessories to maintain acceptable refrigerant management for systems reliability. See Accessory Usage Guideline table for required accessories. Defining a system as long line depends on the liquid line diameter, actual length of the tubing, and vertical separation between the indoor and outdoor units. For Air Conditioner systems, the chart below shows when an application is considered Long Line. AC WITH PURONr REFRIGERANT LONG LINE DESCRIPTION ft (m) Beyond these lengths, long line accessories are required Liquid Line Size Units On Same Level Outdoor Below Indoor Outdoor Above Indoor 1/4 No accessories needed within allowedlengths No accessories needed within allowedlengths 175 (53.3) 5/16 120 (36.6)50 (15.2) vertical or 120 (36.6) total 120 (36.6) 3/8 80 (24.4)35 (10.7) vertical or 80 24.4) total 80 (24.4) Note:SeeLongLineGuidelinefordetails VAPOR LINE SIZING AND COOLING CAPACITY LOSS Acceptable vapor line diameters provide adequate oil return to the compressor while avoiding excessive capacity loss. The suction line diameters shown in the chart below are acceptable for AC systems with Puron refrigerant: Vapor Line Sizing and Cooling Capacity Losses — Puronr Refrigerant 1--Stage Air Conditioner Applications UnitNominalSize (Btuh) MaximumLiquid LineDiameters(In. OD) Vapor LineDiameters(In. OD) Cooling Capacity Loss (%)Total Equivalent Line Length ft. (m) 26---50(7.9---15.2)51---80(15.5---24.4)81---100(24.7---30.5)101---125(30.8---38.1)126---150(38.4---45.7)151---175(46.0---53.3)176---200(53.6---61.0)201---225(61.3---68.6)226---250(68.9---76.2) 0181StageAC withPuron 3/8 1/2 1 2 3 5 6 7 8 9 11 5/8 0 1 1 1 2 2 2 3 3 3/4 0 0 0 0 1 1 1 1 1 0241StageAC withPuron 3/8 5/8 0 1 2 2 3 3 4 5 5 3/4 0 0 1 1 1 1 1 2 2 7/8 0 0 0 0 0 1 1 1 1 0301StageAC withPuron 3/8 5/8 1 2 3 3 4 5 6 7 8 3/4 0 0 1 1 1 2 2 2 3 7/8 0 0 0 0 1 1 1 1 1 0361StageAC withPuron 3/8 5/8 1 2 4 5 6 8 9 10 12 3/4 0 1 1 2 2 3 3 4 4 7/8 0 0 0 1 1 1 1 2 2 0481StageAC withPuron 3/8 3/4 0 1 2 3 4 5 5 6 7 7/8 0 0 1 1 2 2 2 3 3 11/8 0 0 0 0 0 0 0 1 1 0601StageAC with Puron 3/8 3/4 1 2 4 5 6 7 9 10 11 7/8 0 1 2 2 3 4 4 5 5 11/8 0 0 0 1 1 1 1 1 1 Applications in this area may be long line and may have height restrictions. See the Residential Piping and Long Line Guideline. 38 H D R 5 ACCESSORY THERMOSTATS THERMOSTAT / SUBBASEPKG.DESCRIPTION TP --- PRH01 --- A Programmable Thermidistat TP --- NRH01 --- A Non---programmable Thermidistat TP --- PAC01 Performance Series Programmable AC Stat TP --- NAC01 Performance Series Non---programmable AC Stat TSTATCCSEN01---B Outdoor Air Temperature Sensor TSTATXXBBP01 Backplate for Builder’s Thermostat TSTATXXNBP01 Backplate for Non---Programmable Thermostat TSTATXXPBP01 Backplate for Programmable Thermostat TSTATXXCNV10 Thermostat Conversion Kit (4 to 5 wires) --- 10 Pack ACCESSORIES KIT NUMBER KIT NAME 018 024 030 036 048 060 KAACH1401AAA Crankcase Heater X X Standard Crankcase Heater S S S S KAAFT0101AAA Evaporator Freeze Stat X X X X X X KAATD0101TDR Time Delay Relay X X X X X X KAAWS0101AAA Winter Start Kit (for low ambient) X X X X X X 53DS --- 900 --- --- --- 086 Low Ambient Control (Puron)X X X X X X 53DS --- 900 --- --- --- 070 Wind Baffle X 53DS --- 900 --- --- --- 087 Wind Baffle X 53DS --- 900 --- --- --- 071 Wind Baffle X X 53DS --- 900 --- --- --- 088 Wind Baffle X X 53DS --- 900 --- --- --- 075 Stacking Kit X X 53DS --- 900 --- --- --- 076 Stacking Kit X X X X 53DS --- 900 --- --- --- 077 Wall Mounting Kit X X 53DS --- 900 --- --- --- 078 Wall Mounting Kit X X X X X = Accessory, S = Standard 38 H D R 6 ACCESSORY USAGE GUIDELINE ACCESSORY REQUIRED FOR LOW---AMBIENTCOOLING APPLICATIONS(Below 55°F/12.8_C) REQUIRED FORLONG LINEAPPLICATIONS*(Over80ft./24.4m) REQUIRED FORSEA COAST APPLICATIONS(Within 2 miles / 3.2 km) Compressor Start Assist Capacitor and Relay Yes Yes No Crankcase Heater Yes Yes No Evaporator Freeze Thermostat Yes No No Hard Shutoff TXV Yes Yes Yes Liquid Line Solenoid Valve No See Longline Application Guideline No Low---ambient Control Yes No No Winter Start Control Yes No No * For tubing line sets between 80 and 200 ft. (24.38 and 60.96 m) and/or 35 ft. (10.7 m) vertical differential, refer to Residential Piping and Longline Guideline. Accessory Description and Usage (Listed Alphabetically) 1. Crankcase Heater An electric resistance heater which mounts to the base of the compressor to keep the lubricant warm during off cycles. Improves compressor lubrication on restart and minimizes the chance of liquid slugging. Usage Guideline: Required in low ambient cooling applications. Required in long line applications. Suggested in all commercial applications. 2. Evaporator Freeze Thermostat An SPST temperature--actuated switch that stops unit operation when evaporator reaches freeze--up conditions. Usage Guideline: Required when low ambient kit has been added. 3. Low--Ambient Control A fan--speed control device activated by a temperature sensor, designed to control condenser fan motor speed in response to the saturated, condensing temperature during operation in cooling mode only. For outdoor temperatures down to --20_F (--28.9_C), it maintains condensing temperature at 100_F ±10_F (37.8_C ± 5.5_C). Usage Guideline: A Low Ambient Controller must be used when cooling operation is used at outdoor temperatures below 55_F (12.8_C). Suggested for all commercial applications. 4. Outdoor Air Temperature Sensor Designed for use with Carrier Thermostats listed in this publication. This device enables the thermostat to display the outdoor temperature. This device also is required to enable special thermostat features such as auxiliary heat lock out. Usage Guideline: Suggested for all Carrier thermostats listed in this publication. 5. Thermostatic Expansion Valve (TXV) A modulating flow--control valve which meters refrigerant liquid flow rate into the evaporator in response to the superheat of the refrigerant gas leaving the evaporator. Kit includes valve, adapter tubes, and external equalizer tube. Hard shut off types are available. NOTE: When using a hard shut off TXV with single phase reciprocating compressors, a Compressor Start Assist Capacitor and Relay is required. Usage Guideline: Accessory required to meet ARI rating and system reliability, where indoor not equipped. Hard shut off TXV or LLS required in air conditioner long line applications. Required for use on all zoning systems. 6. Time--Delay Relay An SPST delay relay which briefly continues operation of indoor blower motor to provide additional cooling after the compressor cycles off. NOTE: Most indoor unit controls include this feature. For those that do not, use the guideline below. Usage Guideline: Accessory required to meet ARI rating, where indoor not equipped. 7. Winter Start Control This control is designed to alleviate nuisance opening of the low--pressure switch by bypassing it for the first 3 minutes of operation. 38 H D R 7 ELECTRICAL DATA 38HDRUNITSIZE V --- PH --- Hz VOLTAGE RANGE*COMPRESSOR OUTDOOR FAN MOTOR MINCKTAMPS FUSE/CKTBKR AMPSMinMaxRLALRAFLANECHpkWOut 018---31 208/230---1---60 187 253 9.0 48.0 0.8 0.125 0.09 12.1 20 024---32 208/230---1---60 187 253 13.5 58.3 0.8 0.125 0.09 17.7 25 030---31 208/230---1---60 187 253 14.1 73.0 1.5 0.250 0.19 19.1 30 036---31 208/230---1---60 187 253 14.1 77.0 1.5 0.250 0.19 19.1 30 208/230---3---60 187 253 9.2 71.0 1.5 0.250 0.19 13.0 20 460 --- 3 --- 60 414 506 5.6 38.0 0.8 0.250 0.19 7.9 10 048---32 208/230---1---60 187 253 19.9 109.0 1.5 0.250 0.19 26.4 40 208/230---3---60 187 253 13.1 83.1 1.5 0.250 0.19 17.9 25 460 --- 3 --- 60 414 506 6.1 41.0 0.8 0.250 0.19 8.4 15 060---32 208/230---1---60 187 253 26.4 134.0 1.5 0.250 0.19 34.5 60 208/230---3---60 187 253 16.0 110.0 1.5 0.250 0.19 21.5 30 460 --- 3 --- 60 414 506 7.8 52.0 0.8 0.250 0.19 10.6 15 * Permissible limits of the voltage range at which the unit will operate satisfactorily FLA --- Full Load Amps HACR --- Heating, Air Conditioning, Refrigeration LRA --- Locked Rotor Amps NEC --- National Electrical Code RLA ---RatedLoadAmps(compressor) NOTE: Control circuit is 24---V on all units and requires external power source. Copper wire must be used from service disconnect to unit.All motors/compressors contain internal overload protection. Complies with 2007 requirements of ASHRAE Standards 90.1 A--WEIGHTED SOUND POWER (dBA) Unit Size StandardRating(dBA) Typical Octave Band Spectrum ( dBA ) (without tone adjustment) 125 250 500 1000 2000 4000 8000 018---31 68 52.0 57.5 60.5 63.5 60.5 57.5 46.5 024---32 69 57.5 61.5 63.0 61.0 60.0 56.0 45.0 030---31 72 56.5 63.0 65.0 66.0 64.0 62.5 57.0 036---31 72 65.0 61.5 63.5 65.0 64.5 61.0 54.5 048---32 72 58.5 61.0 64.0 67.5 66.0 64.0 57.0 060---32 72 63.0 61.5 64.0 66.5 66.0 64.5 55.5 NOTE: Tested in accordance with ARI Standard 270---08 (not listed in AHRI). CHARGING SUBCOOLING (TXV--TYPE EXPANSION DEVICE) UNIT SIZE---VOLTAGE, SERIES REQUIRED SUBCOOLING _F(_C) 018---31 12 (6.7) 024---32 12 (6.7) 030---31 12 (6.7) 036---31 12 (6.7) 048---32 12 (6.7) 060---32 12 (6.7) 38 H D R 8 DIMENSIONS -- ENGLISH HG L A B 1" 8" 41/2" 1 7/16" UNIT SERIES ELECTRICALCHARACTERISTICSAB C D E F G H JKLMNP OPERATINGWEIGHT(lbs)SHIPPINGWEIGHT(lbs) 38HDR018 1 X O O O 25 1/8" 36 15/16" 14 9/16" 16" 23 7/16" 17 3/16" 17 1/8" 22" 13" 6 5/8" 11 1/4" 5/8" 2 15/16" 6" 155 171 38HDR024 1,2 X O O O 31 1/8" 36 15/16" 14 9/16" 16" 23 7/16" 17 3/16" 23 1/8" 28" 14" 6 3/4" 11 5/8" 5/8" 2 15/16" 6" 180 198 38HDR030 1 X O O O 37 3/16" 44 9/16" 17 1/16" 18 7/16" 30 1/2" 19 5/8" 29 3/16" 34 1/16" 13 11/16" 8 1/8" 15 7/8" 3/4" 3 7/16" 6 1/2" 200 223 38HDR036 1 X O X X 37 3/16" 44 9/16" 17 1/16" 18 7/16" 30 1/2" 19 5/8" 29 3/16" 34 1/16" 13 11/16" 8 1/8" 15 7/8" 3/4" 3 7/16" 6 1/2" 218 240 38HDR048 1,2 X O X X 43 3/16" 44 9/16" 17 1/16" 18 7/16" 30 1/2" 19 5/8" 35 3/16" 40 1/16" 14 1/2" 8 1/2" 18 7/8" 7/8" 3 7/16" 6 1/2" 284 309 38HDR060 1,2 X O X X 43 3/16" 44 9/16" 17 1/16" 18 7/16" 30 1/2" 19 5/8" 35 3/16" 40 1/16" 14 1/2" 8 1/2" 18 7/8" 7/8" 3 7/16" 6 1/2" 294 319 UNIT SIZE MINIMUMMOUNTING PADDIMENSIONS 18,24 23" X 42" 30,36,48,60 24" X 50" 20 8 - 2 3 0 - 1 - 6 0 23 0 - 1 - 6 0 20 8 / 2 3 0 - 3 - 6 0 46 0 - 3 - 6 0 11/2" FIELD CONTROL SUPPLYWIRE ENTRY 7/8" HOLE W/GROMMET F, MAX. 125 X = YESO=NO FEMALE SWEAT CONN. VAPOR LINE CONN.M JUNCTION BOX FORPOWER SUPLLY AND CONTROL CONNECTIONS 4 3/16" J N P E FD 71/2"21/2" 11/16" C K N AIR AIR 38HDR 9 DIMENSIONS -- SI P UNIT SERIES ELECTRICALCHARACTERISTICS AB C D E F GH JKLMNP OPERATINGWEIGHT(KG)SHIPPINGWEIGHT(KG) 1 X O O O 638.2 938.2 369.9 406.4 595.3 436.6 435.0 558.8 330.2 168.3 285.8 15.9 74.6 152.4 70.4 77.7 1,2 X O O O 790.6 938.2 369.9 406.4 595.3 436.6 587.4 711.2 355.6 171.5 295.3 15.9 74.6 152.4 81.8 90.01 X O O O 944.6 1131.9 433.4 468.3 774.7 498.5 741.4 865.2 347.7 206.4 403.2 19.0 87.3 165.1 90.9 101.4 1 X O X X 944.6 1131.9 433.4 468.3 774.7 498.5 741.4 865.2 347.7 206.4 403.2 19.0 87.3 165.1 99.0 109.0 1,2 X O X X 1097.0 1131.9 433.4 468.3 774.7 498.5 893.8 1017.6 368.3 215.9 479.4 22.2 87.3 165.1 129.0 140.4 1,2 X O X X 1097.0 1131.9 433.4 468.3 774.7 498.5 893.8 1017.6 368.3 215.9 479.4 22.2 87.3 165.1 133.6 145.0 UNIT SIZE MINIMUMMOUNTING PADDIMENSIONS 18,24 584.2 X 1066.8 30,36,48,60 609.6 X 1270.0 20 8 - 2 3 0 - 1 - 6 0 23 0 - 1 - 6 0 20 8 / 2 3 0 - 3 - 6 0 46 0 - 3 - 6 0 X = YES O=NO C, MAX. 51.7 106.4 17.5 J K NE FDC 190.5 63.5 AIR AIR H G L A B 25.4 203.2 38.1 114.3 36.5 FIELD CONTROL SUPPLYWIRE ENTRY 22.22 HOLE W/GROMMET FEMALE SWEAT CONN. VAPOR LINE CONN.M JUNCTION BOX FOR POWER SUPLLY ANDCONTROL CONNECTIONS 38HDR 10 COMBINATION RATINGS ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 1085392 38HDR018---31 †CNPV*1814A**+TDR 17,000 11.0 13.0 1117974 38HDR018---31 40QAC024 --- --- --- 3 18,000 11.5 13.0108539638HDR018---31 CAP**1814A**58CV(A,X)070---12 17,000 11.5 14.0 3015375 38HDR018---31 CAP**1814A**58PH*045---08 17,000 11.5 14.0 1085394 38HDR018---31 CAP**1814A**+TDR 17,000 10.9 13.0 1085400 38HDR018---31 CAP**2414A**58CV(A,X)070---12 17,400 11.5 14.0301537638HDR018---31 CAP**2414A**58PH*045---08 17,400 12.0 14.5108539838HDR018---31 CAP**2414A**+TDR 17,400 11.0 13.0 1085456 38HDR018---31 CAP**2417A**58CV(A,X)070---12 17,400 11.5 14.0 1085406 38HDR018---31 CAP**2417A**58CV(A,X)090---16 17,400 11.5 14.0 3112072 38HDR018---31 CAP**2417A**58MEB040---12 17,400 12.0 14.5311207338HDR018---31 CAP**2417A**58MEB060---12 17,400 12.0 14.5 1390388 38HDR018---31 CAP**2417A**58MV(B,C)060---14 17,400 11.5 14.0 1085402 38HDR018---31 CAP**2417A**+TDR 17,400 11.0 13.0 1085432 38HDR018---31 CNPF*2418A**+TDR 17,400 11.0 13.0108542838HDR018---31 CNPH*2417A**58CV(A,X)070---12 17,400 11.5 14.0 1085430 38HDR018---31 CNPH*2417A**58CV(A,X)090---16 17,400 11.5 14.0 3112076 38HDR018---31 CNPH*2417A**58MEB040---12 17,400 12.0 14.5 3112077 38HDR018---31 CNPH*2417A**58MEB060---12 17,400 12.0 14.5139039238HDR018---31 CNPH*2417A**58MV(B,C)060---14 17,400 11.5 14.0 1390396 38HDR018---31 CNPH*2417A**58MV(B,C)080---14 17,400 11.5 14.0 3015379 38HDR018---31 CNPH*2417A**58PH*045---08 17,400 12.0 14.5 1085420 38HDR018---31 CNPH*2417A**+TDR 17,400 11.0 13.0108540838HDR018---31 CNPV*1814A**58CV(A,X)070---12 17,000 11.5 14.0 3015377 38HDR018---31 CNPV*1814A**58PH*045---08 17,000 11.5 14.0 1085412 38HDR018---31 CNPV*2414A**58CV(A,X)070---12 17,400 11.5 14.0 3015378 38HDR018---31 CNPV*2414A**58PH*045---08 17,400 12.0 14.5108541038HDR018---31 CNPV*2414A**+TDR 17,400 11.0 13.0 1085458 38HDR018---31 CNPV*2417A**58CV(A,X)070---12 17,400 11.5 14.0 1085418 38HDR018---31 CNPV*2417A**58CV(A,X)090---16 17,400 11.5 14.0 3112074 38HDR018---31 CNPV*2417A**58MEB040---12 17,400 12.0 14.5311207538HDR018---31 CNPV*2417A**58MEB060---12 17,400 12.0 14.5139039038HDR018---31 CNPV*2417A**58MV(B,C)060---14 17,400 11.5 14.0 1085414 38HDR018---31 CNPV*2417A**+TDR 17,400 11.0 13.0 1085442 38HDR018---31 CSPH*2412A**58CV(A,X)070---12 17,400 11.5 14.0 1085444 38HDR018---31 CSPH*2412A**58CV(A,X)090---16 17,400 11.5 14.0311207838HDR018---31 CSPH*2412A**58MEB040---12 17,400 12.0 14.5 3112079 38HDR018---31 CSPH*2412A**58MEB060---12 17,400 12.0 14.5 1390394 38HDR018---31 CSPH*2412A**58MV(B,C)060---14 17,400 11.5 14.0 1390398 38HDR018---31 CSPH*2412A**58MV(B,C)080---14 17,400 11.5 14.0301538038HDR018---31 CSPH*2412A**58PH*045---08 17,400 12.0 14.5 1085434 38HDR018---31 CSPH*2412A**+TDR 17,400 11.0 13.0 1086232 38HDR018---31 FE4ANF002+UI 17,400 11.5 14.0 1085450 38HDR018---31 FF1ENP018 17,400 11.0 13.0108545238HDR018---31 FF1ENP024 17,400 11.0 13.0 1085454 38HDR018---31 FV4BNF002 17,400 11.5 14.0 3404623 38HDR018---31 FV4CNF002 17,400 11.5 14.0 1085446 38HDR018---31 FX4CNF018 17,000 11.5 14.0108544838HDR018---31 FX4CNF024 17,400 11.5 14.0 3465486 38HDR024---32 †CNPV*2414A**+TDR 23,400 11.0 13.0 3465806 38HDR024---32 40QAC024---3 22,800 11.5 13.0346548838HDR024---32 CAP**2414A**58CV(A,X)070---12 23,400 11.5 14.0 3465489 38HDR024---32 CAP**2414A**58PH*045---08 23,400 11.5 14.0 3465487 38HDR024---32 CAP**2414A**+TDR 23,400 11.0 13.0 3465492 38HDR024---32 CAP**2417A**58CV(A,X)090---16 23,400 11.5 14.0346549338HDR024---32 CAP**2417A**58MEB040---12 23,400 12.0 14.5346549438HDR024---32 CAP**2417A**58MEB060---12 23,400 12.0 14.5 3465495 38HDR024---32 CAP**2417A**58MEB080---12 23,400 12.0 14.5 3465491 38HDR024---32 CAP**2417A**58MV(B,C)060---14 23,400 11.5 14.0 3465490 38HDR024---32 CAP**2417A**+TDR 23,400 11.0 13.0346549738HDR024---32 CAP**3014A**58CV(A,X)070---12 23,400 11.5 14.0 3465498 38HDR024---32 CAP**3014A**58PH*045---08 23,600 12.0 14.5 3465496 38HDR024---32 CAP**3014A**+TDR 23,600 11.0 13.0 3465501 38HDR024---32 CAP**3017A**58CV(A,X)090---16 23,600 11.5 14.0346550238HDR024---32 CAP**3017A**58MEB040---12 23,600 12.0 14.5 3465503 38HDR024---32 CAP**3017A**58MEB060---12 23,600 12.0 14.5 3465504 38HDR024---32 CAP**3017A**58MEB080---12 23,600 12.0 14.5 3465500 38HDR024---32 CAP**3017A**58MV(B,C)060---14 23,600 11.5 14.0346549938HDR024---32 CAP**3017A**+TDR 23,600 11.0 13.0 3465554 38HDR024---32 CNPF*2418A**+TDR 23,400 11.0 13.0 3465529 38HDR024---32 CNPH*2417A**58CV(A,X)070---12 23,400 11.5 14.0 3465530 38HDR024---32 CNPH*2417A**58CV(A,X)090---16 23,400 11.5 14.0346553138HDR024---32 CNPH*2417A**58CV(A,X)110---20 23,400 11.5 14.0 3465532 38HDR024---32 CNPH*2417A**58CV(A,X)135---22 23,400 11.5 14.0 3465533 38HDR024---32 CNPH*2417A**58CV(A,X)155---22 23,400 11.5 14.0 3465535 38HDR024---32 CNPH*2417A**58MEB040---12 23,400 12.0 14.5346553638HDR024---32 CNPH*2417A**58MEB060---12 23,400 12.0 14.5 3465537 38HDR024---32 CNPH*2417A**58MEB080---12 23,400 12.0 14.5 See notes on page 26 38 H D R 11 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465524 38HDR024---32 CNPH*2417A**58MV(B,C)060---14 23,400 11.5 14.0 3465525 38HDR024---32 CNPH*2417A**58MV(B,C)080---14 23,400 11.5 14.0346552638HDR024---32 CNPH*2417A**58MV(B,C)080---20 23,200 11.5 14.0 3465527 38HDR024---32 CNPH*2417A**58MV(B,C)100---20 23,400 11.5 14.0 3465528 38HDR024---32 CNPH*2417A**58MV(B,C)120---20 23,400 11.5 14.0 3465523 38HDR024---32 CNPH*2417A**58MVB040---14 23,400 11.5 14.0346553438HDR024---32 CNPH*2417A**58PH*045---08 23,400 11.5 14.0346552238HDR024---32 CNPH*2417A**+TDR 23,400 11.0 13.0 3465545 38HDR024---32 CNPH*3017A**58CV(A,X)070---12 23,400 11.5 14.0 3465546 38HDR024---32 CNPH*3017A**58CV(A,X)090---16 23,600 11.5 14.0 3465547 38HDR024---32 CNPH*3017A**58CV(A,X)110---20 23,600 11.5 14.0346554838HDR024---32 CNPH*3017A**58CV(A,X)135---22 23,600 11.5 14.0 3465549 38HDR024---32 CNPH*3017A**58CV(A,X)155---22 23,600 11.5 14.0 3465551 38HDR024---32 CNPH*3017A**58MEB040---12 23,600 12.0 14.5 3465552 38HDR024---32 CNPH*3017A**58MEB060---12 23,600 12.0 14.5346555338HDR024---32 CNPH*3017A**58MEB080---12 23,600 12.0 14.5 3465540 38HDR024---32 CNPH*3017A**58MV(B,C)060---14 23,600 11.5 14.0 3465541 38HDR024---32 CNPH*3017A**58MV(B,C)080---14 23,400 11.5 14.0 3465542 38HDR024---32 CNPH*3017A**58MV(B,C)080---20 23,400 11.5 14.0346554338HDR024---32 CNPH*3017A**58MV(B,C)100---20 23,600 11.5 14.0 3465544 38HDR024---32 CNPH*3017A**58MV(B,C)120---20 23,600 11.5 14.0 3465539 38HDR024---32 CNPH*3017A**58MVB040---14 23,600 11.5 14.0 3465550 38HDR024---32 CNPH*3017A**58PH*045---08 23,600 12.0 14.5346553838HDR024---32 CNPH*3017A**+TDR 23,600 11.0 13.0 3465505 38HDR024---32 CNPV*2414A**58CV(A,X)070---12 23,400 11.5 14.0 3465506 38HDR024---32 CNPV*2414A**58PH*045---08 23,400 11.5 14.0 3465509 38HDR024---32 CNPV*2417A**58CV(A,X)090---16 23,400 11.5 14.0346551038HDR024---32 CNPV*2417A**58MEB040---12 23,400 12.0 14.5 3465511 38HDR024---32 CNPV*2417A**58MEB060---12 23,400 12.0 14.5 3465512 38HDR024---32 CNPV*2417A**58MEB080---12 23,400 12.0 14.5 3465508 38HDR024---32 CNPV*2417A**58MV(B,C)060---14 23,400 11.5 14.0346550738HDR024---32 CNPV*2417A**+TDR 23,400 11.0 13.0346551438HDR024---32 CNPV*3014A**58CV(A,X)070---12 23,400 11.5 14.0 3465515 38HDR024---32 CNPV*3014A**58PH*045---08 23,600 11.5 14.0 3465513 38HDR024---32 CNPV*3014A**+TDR 23,600 11.0 13.0 3465518 38HDR024---32 CNPV*3017A**58CV(A,X)090---16 23,600 11.5 14.0346551938HDR024---32 CNPV*3017A**58MEB040---12 23,600 12.0 14.5 3465520 38HDR024---32 CNPV*3017A**58MEB060---12 23,600 12.0 14.5 3465521 38HDR024---32 CNPV*3017A**58MEB080---12 23,600 12.0 14.5 3465517 38HDR024---32 CNPV*3017A**58MV(B,C)060---14 23,600 11.5 14.0346551638HDR024---32 CNPV*3017A**+TDR 23,600 11.0 13.0 3465562 38HDR024---32 CSPH*2412A**58CV(A,X)070---12 23,400 11.5 14.0 3465563 38HDR024---32 CSPH*2412A**58CV(A,X)090---16 23,400 11.5 14.0 3465564 38HDR024---32 CSPH*2412A**58CV(A,X)110---20 23,400 11.5 14.0346556538HDR024---32 CSPH*2412A**58CV(A,X)135---22 23,400 11.5 14.0 3465566 38HDR024---32 CSPH*2412A**58CV(A,X)155---22 23,400 11.5 14.0 3465568 38HDR024---32 CSPH*2412A**58MEB040---12 23,400 12.0 14.5 3465569 38HDR024---32 CSPH*2412A**58MEB060---12 23,400 12.0 14.5346557038HDR024---32 CSPH*2412A**58MEB080---12 23,400 12.0 14.5 3465557 38HDR024---32 CSPH*2412A**58MV(B,C)060---14 23,400 11.5 14.0 3465558 38HDR024---32 CSPH*2412A**58MV(B,C)080---14 23,400 11.5 14.0 3465559 38HDR024---32 CSPH*2412A**58MV(B,C)080---20 23,400 11.5 14.0346556038HDR024---32 CSPH*2412A**58MV(B,C)100---20 23,400 11.5 14.0 3465561 38HDR024---32 CSPH*2412A**58MV(B,C)120---20 23,400 11.5 14.0 3465556 38HDR024---32 CSPH*2412A**58MVB040---14 23,400 11.5 14.0 3465567 38HDR024---32 CSPH*2412A**58PH*045---08 23,400 11.5 14.0346555538HDR024---32 CSPH*2412A**+TDR 23,400 11.0 13.0346557838HDR024---32 CSPH*3012A**58CV(A,X)070---12 23,600 11.5 14.0 3465579 38HDR024---32 CSPH*3012A**58CV(A,X)090---16 23,600 11.5 14.0 3465580 38HDR024---32 CSPH*3012A**58CV(A,X)110---20 23,600 11.5 14.0 3465581 38HDR024---32 CSPH*3012A**58CV(A,X)135---22 23,600 11.5 14.0346558238HDR024---32 CSPH*3012A**58CV(A,X)155---22 23,600 11.5 14.0 3465584 38HDR024---32 CSPH*3012A**58MEB040---12 23,600 12.0 14.5 3465585 38HDR024---32 CSPH*3012A**58MEB060---12 23,600 12.0 14.5 3465586 38HDR024---32 CSPH*3012A**58MEB080---12 23,600 12.0 14.5346557338HDR024---32 CSPH*3012A**58MV(B,C)060---14 23,600 11.5 14.0 3465574 38HDR024---32 CSPH*3012A**58MV(B,C)080---14 23,600 11.5 14.0 3465575 38HDR024---32 CSPH*3012A**58MV(B,C)080---20 23,400 11.5 14.0 3465576 38HDR024---32 CSPH*3012A**58MV(B,C)100---20 23,600 11.5 14.0346557738HDR024---32 CSPH*3012A**58MV(B,C)120---20 23,600 11.5 14.0 3465572 38HDR024---32 CSPH*3012A**58MVB040---14 23,600 11.5 14.0 3465583 38HDR024---32 CSPH*3012A**58PH*045---08 23,600 12.0 14.5 3465571 38HDR024---32 CSPH*3012A**+TDR 23,600 11.0 13.0346559438HDR024---32 FE4AN(B,F)003+UI 23,800 12.0 14.5 3465592 38HDR024---32 FE4ANF002+UI 23,600 12.0 14.5 3465596 38HDR024---32 FE5ANB004+UI 24,000 12.0 14.5 3465597 38HDR024---32 FF1ENP024 22,800 11.0 13.0346560638HDR024---32 FF1ENP025 23,400 11.5 14.0 3465600 38HDR024---32 FF1ENP030 23,000 11.0 13.0 See notes on page 26 38 H D R 12 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465608 38HDR024---32 FF1ENP031 23,600 11.5 14.0 3465609 38HDR024---32 FF1ENP037 23,800 11.5 14.0346560338HDR024---32 FV4BN(B,F)003 23,800 12.0 14.5 3465601 38HDR024---32 FV4BNF002 23,600 12.0 14.5 3465613 38HDR024---32 FV4CN(B,F)003 23,800 12.0 14.5 3465611 38HDR024---32 FV4CNF002 23,600 12.0 14.5346558938HDR024---32 FX4CNF024 23,400 11.5 14.0346559038HDR024---32 FX4CNF030 23,800 11.5 14.0 3465587 38HDR024---32 FY4ANF024 23,200 11.0 13.0 3465588 38HDR024---32 FY4ANF030 23,600 11.0 13.0 1085620 38HDR030---31 †CNPV*3014A**+TDR 28,000 11.0 13.0 1117978 38HDR030---31 40QAC036 --- --- --- 3 29,000 12.0 13.0 1085624 38HDR030---31 CAP**3014A**58CV(A,X)070---12 28,000 11.5 14.0 1085622 38HDR030---31 CAP**3014A**+TDR 28,000 11.0 13.0108578838HDR030---31 CAP**3017A**58CV(A,X)070---12 28,000 11.5 14.0 1085630 38HDR030---31 CAP**3017A**58CV(A,X)090---16 28,000 11.5 14.0 3112104 38HDR030---31 CAP**3017A**58MEB040---12 28,000 12.0 14.5 3112105 38HDR030---31 CAP**3017A**58MEB060---12 28,000 12.0 14.5311210638HDR030---31 CAP**3017A**58MEB080---12 28,000 12.0 14.5 3112107 38HDR030---31 CAP**3017A**58MEB080---16 28,000 12.0 14.5 1390448 38HDR030---31 CAP**3017A**58MV(B,C)060---14 28,000 11.5 14.0 3015389 38HDR030---31 CAP**3017A**58PH*070---16 28,000 11.5 14.0108562638HDR030---31 CAP**3017A**+TDR 28,000 11.0 13.0 1085634 38HDR030---31 CAP**3614A**58CV(A,X)070---12 28,600 11.5 14.0 1085632 38HDR030---31 CAP**3614A**+TDR 28,600 11.0 13.0 1085790 38HDR030---31 CAP**3617A**58CV(A,X)070---12 28,600 11.5 14.0108564038HDR030---31 CAP**3617A**58CV(A,X)090---16 28,600 11.5 14.0 3112108 38HDR030---31 CAP**3617A**58MEB040---12 28,600 12.0 14.5 3112109 38HDR030---31 CAP**3617A**58MEB060---12 28,600 12.0 14.5 3112110 38HDR030---31 CAP**3617A**58MEB080---12 28,600 12.0 14.5311211138HDR030---31 CAP**3617A**58MEB080---16 28,600 12.0 14.5139045038HDR030---31 CAP**3617A**58MV(B,C)060---14 28,600 11.5 14.0 3015390 38HDR030---31 CAP**3617A**58PH*070---16 28,600 12.0 14.5 1085636 38HDR030---31 CAP**3617A**+TDR 28,600 11.0 13.0 1085794 38HDR030---31 CAP**3621A**58CV(A,X)090---16 28,600 11.5 14.0108565038HDR030---31 CAP**3621A**58CV(A,X)110---20 28,600 11.5 14.0 1390464 38HDR030---31 CAP**3621A**58MV(B,C)060---14 28,600 11.5 14.0 1390468 38HDR030---31 CAP**3621A**58MV(B,C)080---14 28,600 11.5 14.0 1390480 38HDR030---31 CAP**3621A**58MV(B,C)080---20 28,600 11.5 14.0139049238HDR030---31 CAP**3621A**58MV(B,C)100---20 28,600 11.5 14.0 3015391 38HDR030---31 CAP**3621A**58PH*090---16 28,600 12.0 14.5 1085642 38HDR030---31 CAP**3621A**+TDR 28,600 11.0 13.0 1085724 38HDR030---31 CNPF*3618A**+TDR 28,600 11.0 13.0108569038HDR030---31 CNPH*3017A**58CV(A,X)070---12 28,000 11.5 14.0 1085692 38HDR030---31 CNPH*3017A**58CV(A,X)090---16 28,000 11.5 14.0 1085694 38HDR030---31 CNPH*3017A**58CV(A,X)110---20 28,000 11.5 14.0 1085696 38HDR030---31 CNPH*3017A**58CV(A,X)135---22 28,000 11.5 14.0108569838HDR030---31 CNPH*3017A**58CV(A,X)155---22 28,000 11.5 14.0 3112120 38HDR030---31 CNPH*3017A**58MEB040---12 28,000 12.0 14.5 3112121 38HDR030---31 CNPH*3017A**58MEB060---12 28,000 12.0 14.5 3112122 38HDR030---31 CNPH*3017A**58MEB080---12 28,000 12.0 14.5311212338HDR030---31 CNPH*3017A**58MEB080---16 28,000 12.0 14.5 1390456 38HDR030---31 CNPH*3017A**58MV(B,C)060---14 28,000 11.5 14.0 1390472 38HDR030---31 CNPH*3017A**58MV(B,C)080---14 28,000 11.5 14.0 1390484 38HDR030---31 CNPH*3017A**58MV(B,C)080---20 28,000 11.5 14.0139049638HDR030---31 CNPH*3017A**58MV(B,C)100---20 28,000 11.5 14.0139050438HDR030---31 CNPH*3017A**58MV(B,C)120---20 28,000 11.5 14.0 3015395 38HDR030---31 CNPH*3017A**58PH*070---16 28,000 11.5 14.0 3015396 38HDR030---31 CNPH*3017A**58PH*090---16 28,000 11.5 14.0 1085676 38HDR030---31 CNPH*3017A**+TDR 28,000 11.0 13.0108571438HDR030---31 CNPH*3617A**58CV(A,X)070---12 28,600 11.5 14.0 1085716 38HDR030---31 CNPH*3617A**58CV(A,X)090---16 28,600 11.5 14.0 1085718 38HDR030---31 CNPH*3617A**58CV(A,X)110---20 28,600 11.5 14.0 1085720 38HDR030---31 CNPH*3617A**58CV(A,X)135---22 28,600 11.5 14.0108572238HDR030---31 CNPH*3617A**58CV(A,X)155---22 28,600 11.5 14.0 3112124 38HDR030---31 CNPH*3617A**58MEB040---12 28,600 12.0 14.5 3112125 38HDR030---31 CNPH*3617A**58MEB060---12 28,600 12.0 14.5 3112126 38HDR030---31 CNPH*3617A**58MEB080---12 28,600 12.0 14.5311212738HDR030---31 CNPH*3617A**58MEB080---16 28,600 12.0 14.5 1390458 38HDR030---31 CNPH*3617A**58MV(B,C)060---14 28,600 11.5 14.0 1390474 38HDR030---31 CNPH*3617A**58MV(B,C)080---14 28,600 11.5 14.0 1390486 38HDR030---31 CNPH*3617A**58MV(B,C)080---20 28,600 11.5 14.0139049838HDR030---31 CNPH*3617A**58MV(B,C)100---20 28,600 11.5 14.0 1390506 38HDR030---31 CNPH*3617A**58MV(B,C)120---20 28,600 11.5 14.0 3015397 38HDR030---31 CNPH*3617A**58PH*070---16 28,600 12.0 14.5 3015398 38HDR030---31 CNPH*3617A**58PH*090---16 28,600 12.0 14.5108570038HDR030---31 CNPH*3617A**+TDR 28,600 11.0 13.0 1085652 38HDR030---31 CNPV*3014A**58CV(A,X)070---12 28,000 11.5 14.0 See notes on page 26 38 H D R 13 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 1085796 38HDR030---31 CNPV*3017A**58CV(A,X)070---12 28,000 11.5 14.0 1085658 38HDR030---31 CNPV*3017A**58CV(A,X)090---16 28,000 11.5 14.0311211238HDR030---31 CNPV*3017A**58MEB040---12 28,000 12.0 14.5 3112113 38HDR030---31 CNPV*3017A**58MEB060---12 28,000 12.0 14.5 3112114 38HDR030---31 CNPV*3017A**58MEB080---12 28,000 12.0 14.5 3112115 38HDR030---31 CNPV*3017A**58MEB080---16 28,000 12.0 14.5139045238HDR030---31 CNPV*3017A**58MV(B,C)060---14 28,000 11.5 14.0301539238HDR030---31 CNPV*3017A**58PH*070---16 28,000 11.5 14.0 1085654 38HDR030---31 CNPV*3017A**+TDR 28,000 11.0 13.0 1085798 38HDR030---31 CNPV*3617A**58CV(A,X)070---12 28,600 11.5 14.0 1085664 38HDR030---31 CNPV*3617A**58CV(A,X)090---16 28,600 11.5 14.0311211638HDR030---31 CNPV*3617A**58MEB040---12 28,600 12.0 14.5 3112117 38HDR030---31 CNPV*3617A**58MEB060---12 28,600 12.0 14.5 3112118 38HDR030---31 CNPV*3617A**58MEB080---12 28,600 12.0 14.5 3112119 38HDR030---31 CNPV*3617A**58MEB080---16 28,600 12.0 14.5139045438HDR030---31 CNPV*3617A**58MV(B,C)060---14 28,600 11.5 14.0 3015393 38HDR030---31 CNPV*3617A**58PH*070---16 28,600 12.0 14.5 1085660 38HDR030---31 CNPV*3617A**+TDR 28,600 11.0 13.0 1085802 38HDR030---31 CNPV*3621A**58CV(A,X)090---16 28,600 11.5 14.0108567438HDR030---31 CNPV*3621A**58CV(A,X)110---20 28,600 11.5 14.0 1390466 38HDR030---31 CNPV*3621A**58MV(B,C)060---14 28,600 11.5 14.0 1390470 38HDR030---31 CNPV*3621A**58MV(B,C)080---14 28,600 11.5 14.0 1390482 38HDR030---31 CNPV*3621A**58MV(B,C)080---20 28,600 11.5 14.0139049438HDR030---31 CNPV*3621A**58MV(B,C)100---20 28,600 11.5 14.0 3015394 38HDR030---31 CNPV*3621A**58PH*090---16 28,600 12.0 14.5 1085666 38HDR030---31 CNPV*3621A**+TDR 28,600 11.0 13.0 1085740 38HDR030---31 CSPH*3012A**58CV(A,X)070---12 28,000 11.5 14.0108574238HDR030---31 CSPH*3012A**58CV(A,X)090---16 28,000 11.5 14.0 1085744 38HDR030---31 CSPH*3012A**58CV(A,X)110---20 28,000 11.5 14.0 1085746 38HDR030---31 CSPH*3012A**58CV(A,X)135---22 28,000 11.5 14.0 1085748 38HDR030---31 CSPH*3012A**58CV(A,X)155---22 28,000 11.5 14.0311212838HDR030---31 CSPH*3012A**58MEB040---12 28,000 12.0 14.5311212938HDR030---31 CSPH*3012A**58MEB060---12 28,000 12.0 14.5 3112130 38HDR030---31 CSPH*3012A**58MEB080---12 28,000 12.0 14.5 3112131 38HDR030---31 CSPH*3012A**58MEB080---16 28,000 12.0 14.5 1390460 38HDR030---31 CSPH*3012A**58MV(B,C)060---14 28,000 11.5 14.0139047638HDR030---31 CSPH*3012A**58MV(B,C)080---14 28,000 11.5 14.0 1390488 38HDR030---31 CSPH*3012A**58MV(B,C)080---20 28,000 11.5 14.0 1390500 38HDR030---31 CSPH*3012A**58MV(B,C)100---20 28,000 11.5 14.0 1390508 38HDR030---31 CSPH*3012A**58MV(B,C)120---20 28,000 11.5 14.0301539938HDR030---31 CSPH*3012A**58PH*070---16 28,000 11.5 14.0 3015400 38HDR030---31 CSPH*3012A**58PH*090---16 28,000 11.5 14.0 1085726 38HDR030---31 CSPH*3012A**+TDR 28,000 11.0 13.0 1085764 38HDR030---31 CSPH*3612A**58CV(A,X)070---12 28,600 11.5 14.0108576638HDR030---31 CSPH*3612A**58CV(A,X)090---16 28,600 11.5 14.0 1085768 38HDR030---31 CSPH*3612A**58CV(A,X)110---20 28,600 11.5 14.0 1085770 38HDR030---31 CSPH*3612A**58CV(A,X)135---22 28,600 11.5 14.0 1085772 38HDR030---31 CSPH*3612A**58CV(A,X)155---22 28,600 11.5 14.0311213238HDR030---31 CSPH*3612A**58MEB040---12 28,600 12.0 14.5 3112133 38HDR030---31 CSPH*3612A**58MEB060---12 28,600 12.0 14.5 3112134 38HDR030---31 CSPH*3612A**58MEB080---12 28,600 12.0 14.5 3112135 38HDR030---31 CSPH*3612A**58MEB080---16 28,600 12.0 14.5139046238HDR030---31 CSPH*3612A**58MV(B,C)060---14 28,600 11.5 14.0 1390478 38HDR030---31 CSPH*3612A**58MV(B,C)080---14 28,600 11.5 14.0 1390490 38HDR030---31 CSPH*3612A**58MV(B,C)080---20 28,600 11.5 14.0 1390502 38HDR030---31 CSPH*3612A**58MV(B,C)100---20 28,600 11.5 14.0139051038HDR030---31 CSPH*3612A**58MV(B,C)120---20 28,600 11.5 14.0301540138HDR030---31 CSPH*3612A**58PH*070---16 28,600 12.0 14.5 3015402 38HDR030---31 CSPH*3612A**58PH*090---16 28,600 12.0 14.5 1085750 38HDR030---31 CSPH*3612A**+TDR 28,600 11.0 13.0 1086240 38HDR030---31 FE4AN(B,F)003+UI 28,600 11.5 14.0108624238HDR030---31 FE4AN(B,F)005+UI 29,000 12.5 15.0 1086238 38HDR030---31 FE4ANF002+UI 28,600 11.5 14.0 1085782 38HDR030---31 FF1ENP030 28,000 11.0 13.0 1085784 38HDR030---31 FF1ENP036 28,600 11.0 13.0108578638HDR030---31 FV4BNF002 28,600 11.5 14.0 3404625 38HDR030---31 FV4CNF002 28,600 11.5 14.0 1085780 38HDR030---31 FX4CN(B,F)036 28,600 11.5 14.0 1085778 38HDR030---31 FX4CNF030 28,000 11.5 14.0108577438HDR030---31 FY4ANF030 28,000 11.0 13.0 1085776 38HDR030---31 FY4ANF036 28,600 11.0 13.0 1085804 38HDR036---31 †CNPV*4221A**+TDR 33,400 11.0 13.0111798038HDR036---31 40QAC036 --- --- --- 3 33,000 11.4 13.0 1085808 38HDR036---31 CAP**3614A**58CV(A,X)070---12 32,600 11.5 13.5 3015403 38HDR036---31 CAP**3614A**58PH*045---08 33,000 11.5 14.0 1085806 38HDR036---31 CAP**3614A**+TDR 32,600 11.0 13.0108598238HDR036---31 CAP**3617A**58CV(A,X)070---12 33,000 11.5 14.0 1085814 38HDR036---31 CAP**3617A**58CV(A,X)090---16 33,000 11.5 14.0 See notes on page 26 38 H D R 14 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3112136 38HDR036---31 CAP**3617A**58MEB040---12 33,000 12.0 14.5 3112137 38HDR036---31 CAP**3617A**58MEB060---12 33,000 12.0 14.5311213838HDR036---31 CAP**3617A**58MEB080---12 33,000 12.0 14.5 3112139 38HDR036---31 CAP**3617A**58MEB080---16 33,000 12.0 14.5 1390512 38HDR036---31 CAP**3617A**58MV(B,C)060---14 33,000 11.5 13.5 3015404 38HDR036---31 CAP**3617A**58PH*070---16 33,000 11.5 14.0108581038HDR036---31 CAP**3617A**+TDR 33,000 11.0 13.0108598638HDR036---31 CAP**3621A**58CV(A,X)090---16 33,000 11.5 14.0 1085824 38HDR036---31 CAP**3621A**58CV(A,X)110---20 33,000 11.5 14.0 3112140 38HDR036---31 CAP**3621A**58MEB100---20 33,000 12.0 14.5 1390524 38HDR036---31 CAP**3621A**58MV(B,C)060---14 33,000 11.5 14.0139053238HDR036---31 CAP**3621A**58MV(B,C)080---14 33,000 11.5 13.5 1390550 38HDR036---31 CAP**3621A**58MV(B,C)080---20 33,000 11.5 13.5 1390568 38HDR036---31 CAP**3621A**58MV(B,C)100---20 33,000 11.5 14.0 3015405 38HDR036---31 CAP**3621A**58PH*090---16 33,000 12.0 14.5301540638HDR036---31 CAP**3621A**58PH*110---20 33,000 12.0 14.5 1085816 38HDR036---31 CAP**3621A**+TDR 33,000 11.0 13.0 1085990 38HDR036---31 CAP**4221A**58CV(A,X)090---16 33,400 11.5 14.0 1085834 38HDR036---31 CAP**4221A**58CV(A,X)110---20 33,400 11.5 14.0311214138HDR036---31 CAP**4221A**58MEB100---20 33,400 12.0 14.5 1390526 38HDR036---31 CAP**4221A**58MV(B,C)060---14 33,400 11.5 14.0 1390534 38HDR036---31 CAP**4221A**58MV(B,C)080---14 33,400 11.5 13.5 1390552 38HDR036---31 CAP**4221A**58MV(B,C)080---20 33,400 11.5 14.0139057038HDR036---31 CAP**4221A**58MV(B,C)100---20 33,400 11.5 14.0 3015407 38HDR036---31 CAP**4221A**58PH*090---16 33,400 12.0 14.5 3015408 38HDR036---31 CAP**4221A**58PH*110---20 33,400 12.0 14.5 1085826 38HDR036---31 CAP**4221A**+TDR 33,400 11.0 13.0108599838HDR036---31 CAP**4224A**58CV(A,X)110---20 33,400 11.5 14.0 1085842 38HDR036---31 CAP**4224A**58CV(A,X)135---22 33,400 11.5 14.0 1085844 38HDR036---31 CAP**4224A**58CV(A,X)155---22 33,400 11.5 14.0 1390548 38HDR036---31 CAP**4224A**58MV(B,C)080---14 33,400 11.5 14.0139056638HDR036---31 CAP**4224A**58MV(B,C)080---20 33,400 11.5 14.0139058438HDR036---31 CAP**4224A**58MV(B,C)100---20 33,400 11.5 14.0 1390586 38HDR036---31 CAP**4224A**58MV(B,C)120---20 33,400 11.5 13.5 1085836 38HDR036---31 CAP**4224A**+TDR 33,400 11.0 13.0 1085918 38HDR036---31 CNPF*3618A**+TDR 33,000 11.0 13.0108588438HDR036---31 CNPH*3617A**58CV(A,X)070---12 33,000 11.5 13.5 1085886 38HDR036---31 CNPH*3617A**58CV(A,X)090---16 33,000 11.5 13.5 1085888 38HDR036---31 CNPH*3617A**58CV(A,X)110---20 33,000 11.5 13.5 1085890 38HDR036---31 CNPH*3617A**58CV(A,X)135---22 33,000 11.5 13.5108589238HDR036---31 CNPH*3617A**58CV(A,X)155---22 33,000 11.5 14.0 3112156 38HDR036---31 CNPH*3617A**58MEB040---12 33,000 12.0 14.5 3112157 38HDR036---31 CNPH*3617A**58MEB060---12 33,000 12.0 14.5 3112158 38HDR036---31 CNPH*3617A**58MEB080---12 33,000 12.0 14.5311215938HDR036---31 CNPH*3617A**58MEB080---16 33,000 12.0 14.5 3112160 38HDR036---31 CNPH*3617A**58MEB100---20 33,000 12.0 14.5 1390516 38HDR036---31 CNPH*3617A**58MV(B,C)060---14 33,000 11.5 13.5 1390540 38HDR036---31 CNPH*3617A**58MV(B,C)080---14 33,000 11.5 13.5139055838HDR036---31 CNPH*3617A**58MV(B,C)080---20 33,000 11.5 13.5 1390576 38HDR036---31 CNPH*3617A**58MV(B,C)100---20 33,000 11.5 13.5 1390588 38HDR036---31 CNPH*3617A**58MV(B,C)120---20 33,000 11.5 13.5 3015414 38HDR036---31 CNPH*3617A**58PH*045---08 33,000 11.5 14.0301541538HDR036---31 CNPH*3617A**58PH*070---16 33,000 11.5 14.0 3015416 38HDR036---31 CNPH*3617A**58PH*090---16 33,000 12.0 14.5 3015417 38HDR036---31 CNPH*3617A**58PH*110---20 33,000 12.0 14.5 1085870 38HDR036---31 CNPH*3617A**+TDR 33,000 11.0 13.0108590838HDR036---31 CNPH*4221A**58CV(A,X)070---12 33,400 11.5 14.0108591038HDR036---31 CNPH*4221A**58CV(A,X)090---16 33,400 11.5 14.5 1085912 38HDR036---31 CNPH*4221A**58CV(A,X)110---20 33,400 11.5 14.5 1085914 38HDR036---31 CNPH*4221A**58CV(A,X)135---22 33,400 11.5 14.5 1085916 38HDR036---31 CNPH*4221A**58CV(A,X)155---22 33,400 11.5 14.5311216138HDR036---31 CNPH*4221A**58MEB040---12 33,400 12.0 14.5 3112162 38HDR036---31 CNPH*4221A**58MEB060---12 33,400 12.0 14.5 3112163 38HDR036---31 CNPH*4221A**58MEB080---12 33,400 12.0 14.5 3112164 38HDR036---31 CNPH*4221A**58MEB080---16 33,400 12.0 14.5311216538HDR036---31 CNPH*4221A**58MEB100---20 33,400 12.0 14.5 1390518 38HDR036---31 CNPH*4221A**58MV(B,C)060---14 33,400 11.5 14.0 1390542 38HDR036---31 CNPH*4221A**58MV(B,C)080---14 33,400 11.5 14.0 1390560 38HDR036---31 CNPH*4221A**58MV(B,C)080---20 33,400 11.5 14.0139057838HDR036---31 CNPH*4221A**58MV(B,C)100---20 33,400 11.5 14.0 1390590 38HDR036---31 CNPH*4221A**58MV(B,C)120---20 33,400 11.5 14.5 3015418 38HDR036---31 CNPH*4221A**58PH*045---08 33,400 11.5 14.0 3015419 38HDR036---31 CNPH*4221A**58PH*070---16 33,400 11.5 14.0301542038HDR036---31 CNPH*4221A**58PH*090---16 33,400 12.0 14.5 3015421 38HDR036---31 CNPH*4221A**58PH*110---20 33,400 12.0 14.5 1085894 38HDR036---31 CNPH*4221A**+TDR 33,400 11.0 13.0 1086000 38HDR036---31 CNPV*3617A**58CV(A,X)070---12 33,000 11.5 14.0108585038HDR036---31 CNPV*3617A**58CV(A,X)090---16 33,000 11.5 13.5 3112142 38HDR036---31 CNPV*3617A**58MEB040---12 33,000 12.0 14.5 See notes on page 26 38 H D R 15 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3112143 38HDR036---31 CNPV*3617A**58MEB060---12 33,000 12.0 14.5 3112144 38HDR036---31 CNPV*3617A**58MEB080---12 33,000 12.0 14.5311214538HDR036---31 CNPV*3617A**58MEB080---16 33,000 12.0 14.5 1390514 38HDR036---31 CNPV*3617A**58MV(B,C)060---14 33,000 11.5 13.5 3015409 38HDR036---31 CNPV*3617A**58PH*070---16 33,000 11.5 14.0 1085846 38HDR036---31 CNPV*3617A**+TDR 33,000 11.0 13.0108600438HDR036---31 CNPV*3621A**58CV(A,X)090---16 33,000 11.5 14.5108586038HDR036---31 CNPV*3621A**58CV(A,X)110---20 33,000 11.5 13.5 3112146 38HDR036---31 CNPV*3621A**58MEB100---20 33,000 12.0 14.5 1390528 38HDR036---31 CNPV*3621A**58MV(B,C)060---14 33,000 11.5 14.5 1390536 38HDR036---31 CNPV*3621A**58MV(B,C)080---14 33,000 11.5 13.5139055438HDR036---31 CNPV*3621A**58MV(B,C)080---20 33,000 11.5 13.5 1390572 38HDR036---31 CNPV*3621A**58MV(B,C)100---20 33,000 11.5 13.5 3015410 38HDR036---31 CNPV*3621A**58PH*090---16 33,000 12.0 14.5 3015411 38HDR036---31 CNPV*3621A**58PH*110---20 33,000 12.0 14.5108585238HDR036---31 CNPV*3621A**+TDR 33,000 11.0 13.0 3112149 38HDR036---31 CNPV*4217A**58CV(A,X)090---16 33,400 12.0 14.5 3112151 38HDR036---31 CNPV*4217A**58MEB040---12 33,400 12.0 14.5 3112152 38HDR036---31 CNPV*4217A**58MEB060---12 33,400 12.0 14.5311215338HDR036---31 CNPV*4217A**58MEB080---12 33,400 12.0 14.5 3112154 38HDR036---31 CNPV*4217A**58MEB080---16 33,400 12.0 14.5 3112148 38HDR036---31 CNPV*4217A**58MV(B,C)060---14 33,400 12.0 14.5 3112150 38HDR036---31 CNPV*4217A**58PH*070---16 33,400 12.0 14.5311214738HDR036---31 CNPV*4217A**+TDR 33,400 11.0 13.0 1086008 38HDR036---31 CNPV*4221A**58CV(A,X)090---16 33,400 11.5 14.5 1085868 38HDR036---31 CNPV*4221A**58CV(A,X)110---20 33,400 11.5 14.5 3112155 38HDR036---31 CNPV*4221A**58MEB100---20 33,400 12.0 14.5139053038HDR036---31 CNPV*4221A**58MV(B,C)060---14 33,400 11.5 14.5 1390538 38HDR036---31 CNPV*4221A**58MV(B,C)080---14 33,400 11.5 14.0 1390556 38HDR036---31 CNPV*4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390574 38HDR036---31 CNPV*4221A**58MV(B,C)100---20 33,400 11.5 14.0301541238HDR036---31 CNPV*4221A**58PH*090---16 33,400 12.0 14.5301541338HDR036---31 CNPV*4221A**58PH*110---20 33,400 12.0 14.5 1085934 38HDR036---31 CSPH*3612A**58CV(A,X)070---12 33,000 11.5 14.0 1085936 38HDR036---31 CSPH*3612A**58CV(A,X)090---16 33,000 11.5 14.5 1085938 38HDR036---31 CSPH*3612A**58CV(A,X)110---20 33,000 11.5 14.5108594038HDR036---31 CSPH*3612A**58CV(A,X)135---22 33,000 11.5 14.5 1085942 38HDR036---31 CSPH*3612A**58CV(A,X)155---22 33,000 11.5 14.5 3112166 38HDR036---31 CSPH*3612A**58MEB040---12 33,000 12.0 14.5 3112167 38HDR036---31 CSPH*3612A**58MEB060---12 33,000 12.0 14.5311216838HDR036---31 CSPH*3612A**58MEB080---12 33,000 12.0 14.5 3112169 38HDR036---31 CSPH*3612A**58MEB080---16 33,000 12.0 14.5 3112170 38HDR036---31 CSPH*3612A**58MEB100---20 33,000 12.0 14.5 1390520 38HDR036---31 CSPH*3612A**58MV(B,C)060---14 33,000 11.5 14.5139054438HDR036---31 CSPH*3612A**58MV(B,C)080---14 33,000 11.5 14.0 1390562 38HDR036---31 CSPH*3612A**58MV(B,C)080---20 33,000 11.5 14.0 1390580 38HDR036---31 CSPH*3612A**58MV(B,C)100---20 33,000 11.5 14.5 1390592 38HDR036---31 CSPH*3612A**58MV(B,C)120---20 33,000 11.5 14.5301542238HDR036---31 CSPH*3612A**58PH*045---08 33,000 11.5 14.0 3015423 38HDR036---31 CSPH*3612A**58PH*070---16 33,000 11.5 14.0 3015424 38HDR036---31 CSPH*3612A**58PH*090---16 33,000 12.0 14.5 3015425 38HDR036---31 CSPH*3612A**58PH*110---20 33,000 12.0 14.5108592038HDR036---31 CSPH*3612A**+TDR 33,000 11.0 13.0 1085958 38HDR036---31 CSPH*4212A**58CV(A,X)070---12 33,400 11.5 14.0 1085960 38HDR036---31 CSPH*4212A**58CV(A,X)090---16 33,400 11.5 14.5 1085962 38HDR036---31 CSPH*4212A**58CV(A,X)110---20 33,400 11.5 14.5108596438HDR036---31 CSPH*4212A**58CV(A,X)135---22 33,400 11.5 14.5108596638HDR036---31 CSPH*4212A**58CV(A,X)155---22 33,400 11.5 14.5 3112171 38HDR036---31 CSPH*4212A**58MEB040---12 33,400 12.0 14.5 3112172 38HDR036---31 CSPH*4212A**58MEB060---12 33,400 12.0 14.5 3112173 38HDR036---31 CSPH*4212A**58MEB080---12 33,400 12.0 14.5311217438HDR036---31 CSPH*4212A**58MEB080---16 33,400 12.0 14.5 3112175 38HDR036---31 CSPH*4212A**58MEB100---20 33,400 12.0 14.5 1390522 38HDR036---31 CSPH*4212A**58MV(B,C)060---14 33,400 11.5 14.0 1390546 38HDR036---31 CSPH*4212A**58MV(B,C)080---14 33,400 11.5 14.0139056438HDR036---31 CSPH*4212A**58MV(B,C)080---20 33,400 11.5 14.0 1390582 38HDR036---31 CSPH*4212A**58MV(B,C)100---20 33,400 11.5 14.0 1390594 38HDR036---31 CSPH*4212A**58MV(B,C)120---20 33,400 11.5 14.0 3015426 38HDR036---31 CSPH*4212A**58PH*045---08 33,400 11.5 14.0301542738HDR036---31 CSPH*4212A**58PH*070---16 33,400 11.5 14.0 3015428 38HDR036---31 CSPH*4212A**58PH*090---16 33,400 12.0 14.5 3015429 38HDR036---31 CSPH*4212A**58PH*110---20 33,400 12.0 14.5 1085944 38HDR036---31 CSPH*4212A**+TDR 33,400 11.0 13.0108624638HDR036---31 FE4AN(B,F)003+UI 33,000 11.5 14.0 1086248 38HDR036---31 FE4AN(B,F)005+UI 33,400 12.5 15.0 1086250 38HDR036---31 FE4ANB006+UI 33,400 12.5 15.0 1086244 38HDR036---31 FE4ANF002+UI 33,000 11.5 13.5108597638HDR036---31 FF1ENP036 33,000 11.0 13.0 1085980 38HDR036---31 FV4BNB006 33,400 12.5 15.0 See notes on page 26 38 H D R 16 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 1085978 38HDR036---31 FV4BNF002 33,000 11.5 13.5 3404627 38HDR036---31 FV4CNB006 33,400 12.5 15.0340462638HDR036---31 FV4CNF002 33,000 11.5 13.5 1085972 38HDR036---31 FX4CN(B,F)036 33,000 11.5 14.0 1085974 38HDR036---31 FX4CN(B,F)042 33,400 11.5 14.0 1085968 38HDR036---31 FY4ANF036 33,000 11.0 13.0108597038HDR036---31 FY4ANF042 33,400 11.0 13.0 1117042 38HDR036---51 †CNPV*4221A**+TDR 33,400 11.0 13.0 1117982 38HDR036---51 40QAC036 --- --- --- 3 33,000 11.4 13.0 1117046 38HDR036---51 CAP**3614A**58CV(A,X)070---12 32,600 11.5 13.5301546638HDR036---51 CAP**3614A**58PH*045---08 33,000 11.5 14.0 1117044 38HDR036---51 CAP**3614A**+TDR 32,600 11.0 13.0 1117228 38HDR036---51 CAP**3617A**58CV(A,X)070---12 33,000 11.5 14.0 1117052 38HDR036---51 CAP**3617A**58CV(A,X)090---16 33,000 11.5 14.0311628438HDR036---51 CAP**3617A**58MEB040---12 33,000 12.0 14.5 3116285 38HDR036---51 CAP**3617A**58MEB060---12 33,000 12.0 14.5 3116286 38HDR036---51 CAP**3617A**58MEB080---12 33,000 12.0 14.5 3116287 38HDR036---51 CAP**3617A**58MEB080---16 33,000 12.0 14.5139059638HDR036---51 CAP**3617A**58MV(B,C)060---14 33,000 11.5 13.5 3015467 38HDR036---51 CAP**3617A**58PH*070---16 33,000 11.5 14.0 1117048 38HDR036---51 CAP**3617A**+TDR 33,000 11.0 13.0 1117232 38HDR036---51 CAP**3621A**58CV(A,X)090---16 33,000 11.5 14.0114578638HDR036---51 CAP**3621A**58CV(A,X)110---20 33,000 11.5 14.0 3116288 38HDR036---51 CAP**3621A**58MEB100---20 33,000 12.0 14.5 1390602 38HDR036---51 CAP**3621A**58MV(B,C)060---14 33,000 11.5 14.0 1390616 38HDR036---51 CAP**3621A**58MV(B,C)080---14 33,000 11.5 13.5139063438HDR036---51 CAP**3621A**58MV(B,C)080---20 33,000 11.5 13.5 1390658 38HDR036---51 CAP**3621A**58MV(B,C)100---20 33,000 11.5 14.0 3015468 38HDR036---51 CAP**3621A**58PH*090---16 33,000 12.0 14.5 3015469 38HDR036---51 CAP**3621A**58PH*110---20 33,000 12.0 14.5111705438HDR036---51 CAP**3621A**+TDR 33,000 11.0 13.0111723638HDR036---51 CAP**4221A**58CV(A,X)090---16 33,400 11.5 14.0 1145796 38HDR036---51 CAP**4221A**58CV(A,X)110---20 33,400 11.5 14.0 3116289 38HDR036---51 CAP**4221A**58MEB100---20 33,400 12.0 14.5 1390604 38HDR036---51 CAP**4221A**58MV(B,C)060---14 33,400 11.5 14.0139062438HDR036---51 CAP**4221A**58MV(B,C)080---14 33,400 11.5 13.5 1390642 38HDR036---51 CAP**4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390660 38HDR036---51 CAP**4221A**58MV(B,C)100---20 33,400 11.5 14.0 3015470 38HDR036---51 CAP**4221A**58PH*090---16 33,400 12.0 14.5301547138HDR036---51 CAP**4221A**58PH*110---20 33,400 12.0 14.5 1145788 38HDR036---51 CAP**4221A**+TDR 33,400 11.0 13.0 1117244 38HDR036---51 CAP**4224A**58CV(A,X)110---20 33,400 11.5 14.0 1145804 38HDR036---51 CAP**4224A**58CV(A,X)135---22 33,400 11.5 14.0114580638HDR036---51 CAP**4224A**58CV(A,X)155---22 33,400 11.5 14.0 1390622 38HDR036---51 CAP**4224A**58MV(B,C)080---14 33,400 11.5 14.0 1390640 38HDR036---51 CAP**4224A**58MV(B,C)080---20 33,400 11.5 14.0 1390656 38HDR036---51 CAP**4224A**58MV(B,C)100---20 33,400 11.5 14.0139067438HDR036---51 CAP**4224A**58MV(B,C)120---20 33,400 11.5 13.5 1145798 38HDR036---51 CAP**4224A**+TDR 33,400 11.0 13.0 1117156 38HDR036---51 CNPF*3618A**+TDR 33,000 11.0 13.0 1145846 38HDR036---51 CNPH*3617A**58CV(A,X)070---12 33,000 11.5 13.5114584838HDR036---51 CNPH*3617A**58CV(A,X)090---16 33,000 11.5 13.5 1145850 38HDR036---51 CNPH*3617A**58CV(A,X)110---20 33,000 11.5 13.5 1145852 38HDR036---51 CNPH*3617A**58CV(A,X)135---22 33,000 11.5 13.5 1145854 38HDR036---51 CNPH*3617A**58CV(A,X)155---22 33,000 11.5 14.0311630438HDR036---51 CNPH*3617A**58MEB040---12 33,000 12.0 14.5311630538HDR036---51 CNPH*3617A**58MEB060---12 33,000 12.0 14.5 3116306 38HDR036---51 CNPH*3617A**58MEB080---12 33,000 12.0 14.5 3116307 38HDR036---51 CNPH*3617A**58MEB080---16 33,000 12.0 14.5 3116308 38HDR036---51 CNPH*3617A**58MEB100---20 33,000 12.0 14.5139061238HDR036---51 CNPH*3617A**58MV(B,C)060---14 33,000 11.5 13.5 1390630 38HDR036---51 CNPH*3617A**58MV(B,C)080---14 33,000 11.5 13.5 1390648 38HDR036---51 CNPH*3617A**58MV(B,C)080---20 33,000 11.5 13.5 1390666 38HDR036---51 CNPH*3617A**58MV(B,C)100---20 33,000 11.5 13.5139067638HDR036---51 CNPH*3617A**58MV(B,C)120---20 33,000 11.5 13.5 3015477 38HDR036---51 CNPH*3617A**58PH*045---08 33,000 11.5 14.0 3015478 38HDR036---51 CNPH*3617A**58PH*070---16 33,000 11.5 14.0 3015479 38HDR036---51 CNPH*3617A**58PH*090---16 33,000 12.0 14.5301548038HDR036---51 CNPH*3617A**58PH*110---20 33,000 12.0 14.5 1145832 38HDR036---51 CNPH*3617A**+TDR 33,000 11.0 13.0 1145870 38HDR036---51 CNPH*4221A**58CV(A,X)070---12 33,400 11.5 14.0 1145872 38HDR036---51 CNPH*4221A**58CV(A,X)090---16 33,400 11.5 14.5114587438HDR036---51 CNPH*4221A**58CV(A,X)110---20 33,400 11.5 14.5 1117152 38HDR036---51 CNPH*4221A**58CV(A,X)135---22 33,400 11.5 14.5 1117154 38HDR036---51 CNPH*4221A**58CV(A,X)155---22 33,400 11.5 14.5 3116309 38HDR036---51 CNPH*4221A**58MEB040---12 33,400 12.0 14.5311631038HDR036---51 CNPH*4221A**58MEB060---12 33,400 12.0 14.5 3116311 38HDR036---51 CNPH*4221A**58MEB080---12 33,400 12.0 14.5 See notes on page 26 38 H D R 17 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3116312 38HDR036---51 CNPH*4221A**58MEB080---16 33,400 12.0 14.5 3116313 38HDR036---51 CNPH*4221A**58MEB100---20 33,400 12.0 14.5139061438HDR036---51 CNPH*4221A**58MV(B,C)060---14 33,400 11.5 14.0 1390632 38HDR036---51 CNPH*4221A**58MV(B,C)080---14 33,400 11.5 14.0 1390650 38HDR036---51 CNPH*4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390668 38HDR036---51 CNPH*4221A**58MV(B,C)100---20 33,400 11.5 14.0139067838HDR036---51 CNPH*4221A**58MV(B,C)120---20 33,400 11.5 14.5301548138HDR036---51 CNPH*4221A**58PH*045---08 33,400 11.5 14.0 3015482 38HDR036---51 CNPH*4221A**58PH*070---16 33,400 11.5 14.0 3015483 38HDR036---51 CNPH*4221A**58PH*090---16 33,400 12.0 14.5 3015484 38HDR036---51 CNPH*4221A**58PH*110---20 33,400 12.0 14.5114585638HDR036---51 CNPH*4221A**+TDR 33,400 11.0 13.0 1117246 38HDR036---51 CNPV*3617A**58CV(A,X)070---12 33,000 11.5 14.0 1145812 38HDR036---51 CNPV*3617A**58CV(A,X)090---16 33,000 11.5 13.5 3116290 38HDR036---51 CNPV*3617A**58MEB040---12 33,000 12.0 14.5311629138HDR036---51 CNPV*3617A**58MEB060---12 33,000 12.0 14.5 3116292 38HDR036---51 CNPV*3617A**58MEB080---12 33,000 12.0 14.5 3116293 38HDR036---51 CNPV*3617A**58MEB080---16 33,000 12.0 14.5 1390610 38HDR036---51 CNPV*3617A**58MV(B,C)060---14 33,000 11.5 13.5301547238HDR036---51 CNPV*3617A**58PH*070---16 33,000 11.5 14.0 1145808 38HDR036---51 CNPV*3617A**+TDR 33,000 11.0 13.0 1117250 38HDR036---51 CNPV*3621A**58CV(A,X)090---16 33,000 11.5 14.5 1145822 38HDR036---51 CNPV*3621A**58CV(A,X)110---20 33,000 11.5 13.5311629438HDR036---51 CNPV*3621A**58MEB100---20 33,000 12.0 14.5 1390606 38HDR036---51 CNPV*3621A**58MV(B,C)060---14 33,000 11.5 14.5 1390626 38HDR036---51 CNPV*3621A**58MV(B,C)080---14 33,000 11.5 13.5 1390644 38HDR036---51 CNPV*3621A**58MV(B,C)080---20 33,000 11.5 13.5139066238HDR036---51 CNPV*3621A**58MV(B,C)100---20 33,000 11.5 13.5 3015473 38HDR036---51 CNPV*3621A**58PH*090---16 33,000 12.0 14.5 3015474 38HDR036---51 CNPV*3621A**58PH*110---20 33,000 12.0 14.5 1145814 38HDR036---51 CNPV*3621A**+TDR 33,000 11.0 13.0311629738HDR036---51 CNPV*4217A**58CV(A,X)090---16 33,400 12.0 14.5311629938HDR036---51 CNPV*4217A**58MEB040---12 33,400 12.0 14.5 3116300 38HDR036---51 CNPV*4217A**58MEB060---12 33,400 12.0 14.5 3116301 38HDR036---51 CNPV*4217A**58MEB080---12 33,400 12.0 14.5 3116302 38HDR036---51 CNPV*4217A**58MEB080---16 33,400 12.0 14.5311629638HDR036---51 CNPV*4217A**58MV(B,C)060---14 33,400 12.0 14.5 3116298 38HDR036---51 CNPV*4217A**58PH*070---16 33,400 12.0 14.5 3116295 38HDR036---51 CNPV*4217A**+TDR 33,400 11.0 13.0 1117254 38HDR036---51 CNPV*4221A**58CV(A,X)090---16 33,400 11.5 14.5114583038HDR036---51 CNPV*4221A**58CV(A,X)110---20 33,400 11.5 14.5 3116303 38HDR036---51 CNPV*4221A**58MEB100---20 33,400 12.0 14.5 1390608 38HDR036---51 CNPV*4221A**58MV(B,C)060---14 33,400 11.5 14.5 1390628 38HDR036---51 CNPV*4221A**58MV(B,C)080---14 33,400 11.5 14.0139064638HDR036---51 CNPV*4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390664 38HDR036---51 CNPV*4221A**58MV(B,C)100---20 33,400 11.5 14.0 3015475 38HDR036---51 CNPV*4221A**58PH*090---16 33,400 12.0 14.5 3015476 38HDR036---51 CNPV*4221A**58PH*110---20 33,400 12.0 14.5111717238HDR036---51 CSPH*3612A**58CV(A,X)070---12 33,000 11.5 14.0 1117174 38HDR036---51 CSPH*3612A**58CV(A,X)090---16 33,000 11.5 14.5 1117176 38HDR036---51 CSPH*3612A**58CV(A,X)110---20 33,000 11.5 14.5 1117178 38HDR036---51 CSPH*3612A**58CV(A,X)135---22 33,000 11.5 14.5111718038HDR036---51 CSPH*3612A**58CV(A,X)155---22 33,000 11.5 14.5 3116314 38HDR036---51 CSPH*3612A**58MEB040---12 33,000 12.0 14.5 3116315 38HDR036---51 CSPH*3612A**58MEB060---12 33,000 12.0 14.5 3116316 38HDR036---51 CSPH*3612A**58MEB080---12 33,000 12.0 14.5311631738HDR036---51 CSPH*3612A**58MEB080---16 33,000 12.0 14.5311631838HDR036---51 CSPH*3612A**58MEB100---20 33,000 12.0 14.5 1390598 38HDR036---51 CSPH*3612A**58MV(B,C)060---14 33,000 11.5 14.5 1390618 38HDR036---51 CSPH*3612A**58MV(B,C)080---14 33,000 11.5 14.0 1390636 38HDR036---51 CSPH*3612A**58MV(B,C)080---20 33,000 11.5 14.0139065238HDR036---51 CSPH*3612A**58MV(B,C)100---20 33,000 11.5 14.5 1390670 38HDR036---51 CSPH*3612A**58MV(B,C)120---20 33,000 11.5 14.5 3015485 38HDR036---51 CSPH*3612A**58PH*045---08 33,000 11.5 14.0 3015486 38HDR036---51 CSPH*3612A**58PH*070---16 33,000 11.5 14.0301548738HDR036---51 CSPH*3612A**58PH*090---16 33,000 12.0 14.5 3015488 38HDR036---51 CSPH*3612A**58PH*110---20 33,000 12.0 14.5 1117158 38HDR036---51 CSPH*3612A**+TDR 33,000 11.0 13.0 1117196 38HDR036---51 CSPH*4212A**58CV(A,X)070---12 33,400 11.5 14.0111719838HDR036---51 CSPH*4212A**58CV(A,X)090---16 33,400 11.5 14.5 1117200 38HDR036---51 CSPH*4212A**58CV(A,X)110---20 33,400 11.5 14.5 1117202 38HDR036---51 CSPH*4212A**58CV(A,X)135---22 33,400 11.5 14.5 1117204 38HDR036---51 CSPH*4212A**58CV(A,X)155---22 33,400 11.5 14.5311631938HDR036---51 CSPH*4212A**58MEB040---12 33,400 12.0 14.5 3116320 38HDR036---51 CSPH*4212A**58MEB060---12 33,400 12.0 14.5 3116321 38HDR036---51 CSPH*4212A**58MEB080---12 33,400 12.0 14.5 3116322 38HDR036---51 CSPH*4212A**58MEB080---16 33,400 12.0 14.5311632338HDR036---51 CSPH*4212A**58MEB100---20 33,400 12.0 14.5 1390600 38HDR036---51 CSPH*4212A**58MV(B,C)060---14 33,400 11.5 14.0 See notes on page 26 38 H D R 18 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 1390620 38HDR036---51 CSPH*4212A**58MV(B,C)080---14 33,400 11.5 14.0 1390638 38HDR036---51 CSPH*4212A**58MV(B,C)080---20 33,400 11.5 14.0139065438HDR036---51 CSPH*4212A**58MV(B,C)100---20 33,400 11.5 14.0 1390672 38HDR036---51 CSPH*4212A**58MV(B,C)120---20 33,400 11.5 14.0 3015489 38HDR036---51 CSPH*4212A**58PH*045---08 33,400 11.5 14.0 3015490 38HDR036---51 CSPH*4212A**58PH*070---16 33,400 11.5 14.0301549138HDR036---51 CSPH*4212A**58PH*090---16 33,400 12.0 14.5301549238HDR036---51 CSPH*4212A**58PH*110---20 33,400 12.0 14.5 1117182 38HDR036---51 CSPH*4212A**+TDR 33,400 11.0 13.0 1117216 38HDR036---51 FE4AN(B,F)003+UI 33,000 11.5 14.0 1117218 38HDR036---51 FE4AN(B,F)005+UI 33,400 12.5 15.0111722038HDR036---51 FE4ANB006+UI 33,400 12.5 15.0 1117214 38HDR036---51 FE4ANF002+UI 33,000 11.5 13.5 1117222 38HDR036---51 FF1ENP036 33,000 11.0 13.0 1117226 38HDR036---51 FV4BNB006 33,400 12.5 15.0111722438HDR036---51 FV4BNF002 33,000 11.5 13.5 3404631 38HDR036---51 FV4CNB006 33,400 12.5 15.0 3404630 38HDR036---51 FV4CNF002 33,000 11.5 13.5 1117210 38HDR036---51 FX4CN(B,F)036 33,000 11.5 14.0111721238HDR036---51 FX4CN(B,F)042 33,400 11.5 14.0 1117206 38HDR036---51 FY4ANF036 33,000 11.0 13.0 1117208 38HDR036---51 FY4ANF042 33,400 11.0 13.0 1117484 38HDR036---61 †CNPV*4221A**+TDR 33,400 11.0 13.0 1117984 38HDR036---61 40QAC036 --- --- --- 3 33,000 11.4 13.0 1117488 38HDR036---61 CAP**3614A**58CV(A,X)070---12 32,600 11.5 13.5 3015493 38HDR036---61 CAP**3614A**58PH*045---08 33,000 11.5 14.0111748638HDR036---61 CAP**3614A**+TDR 32,600 11.0 13.0 1117670 38HDR036---61 CAP**3617A**58CV(A,X)070---12 33,000 11.5 14.0 1117494 38HDR036---61 CAP**3617A**58CV(A,X)090---16 33,000 11.5 14.0 3116353 38HDR036---61 CAP**3617A**58MEB040---12 33,000 12.0 14.5311635438HDR036---61 CAP**3617A**58MEB060---12 33,000 12.0 14.5311635538HDR036---61 CAP**3617A**58MEB080---12 33,000 12.0 14.5 3116356 38HDR036---61 CAP**3617A**58MEB080---16 33,000 12.0 14.5 1390680 38HDR036---61 CAP**3617A**58MV(B,C)060---14 33,000 11.5 13.5 3015494 38HDR036---61 CAP**3617A**58PH*070---16 33,000 11.5 14.0111749038HDR036---61 CAP**3617A**+TDR 33,000 11.0 13.0 1117674 38HDR036---61 CAP**3621A**58CV(A,X)090---16 33,000 11.5 14.0 1117504 38HDR036---61 CAP**3621A**58CV(A,X)110---20 33,000 11.5 14.0 3116357 38HDR036---61 CAP**3621A**58MEB100---20 33,000 12.0 14.5139069238HDR036---61 CAP**3621A**58MV(B,C)060---14 33,000 11.5 14.0 1390700 38HDR036---61 CAP**3621A**58MV(B,C)080---14 33,000 11.5 13.5 1390718 38HDR036---61 CAP**3621A**58MV(B,C)080---20 33,000 11.5 13.5 1390736 38HDR036---61 CAP**3621A**58MV(B,C)100---20 33,000 11.5 14.0301549538HDR036---61 CAP**3621A**58PH*090---16 33,000 12.0 14.5 3015496 38HDR036---61 CAP**3621A**58PH*110---20 33,000 12.0 14.5 1117496 38HDR036---61 CAP**3621A**+TDR 33,000 11.0 13.0 1117678 38HDR036---61 CAP**4221A**58CV(A,X)090---16 33,400 11.5 14.0111751438HDR036---61 CAP**4221A**58CV(A,X)110---20 33,400 11.5 14.0 3116358 38HDR036---61 CAP**4221A**58MEB100---20 33,400 12.0 14.5 1390694 38HDR036---61 CAP**4221A**58MV(B,C)060---14 33,400 11.5 14.0 1390702 38HDR036---61 CAP**4221A**58MV(B,C)080---14 33,400 11.5 13.5139072038HDR036---61 CAP**4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390738 38HDR036---61 CAP**4221A**58MV(B,C)100---20 33,400 11.5 14.0 3015497 38HDR036---61 CAP**4221A**58PH*090---16 33,400 12.0 14.5 3015498 38HDR036---61 CAP**4221A**58PH*110---20 33,400 12.0 14.5111750638HDR036---61 CAP**4221A**+TDR 33,400 11.0 13.0111768638HDR036---61 CAP**4224A**58CV(A,X)110---20 33,400 11.5 14.0 1117522 38HDR036---61 CAP**4224A**58CV(A,X)135---22 33,400 11.5 14.0 1117524 38HDR036---61 CAP**4224A**58CV(A,X)155---22 33,400 11.5 14.0 1390716 38HDR036---61 CAP**4224A**58MV(B,C)080---14 33,400 11.5 14.0139073438HDR036---61 CAP**4224A**58MV(B,C)080---20 33,400 11.5 14.0 1390752 38HDR036---61 CAP**4224A**58MV(B,C)100---20 33,400 11.5 14.0 1390754 38HDR036---61 CAP**4224A**58MV(B,C)120---20 33,400 11.5 13.5 1117516 38HDR036---61 CAP**4224A**+TDR 33,400 11.0 13.0111759838HDR036---61 CNPF*3618A**+TDR 33,000 11.0 13.0 1117564 38HDR036---61 CNPH*3617A**58CV(A,X)070---12 33,000 11.5 13.5 1117566 38HDR036---61 CNPH*3617A**58CV(A,X)090---16 33,000 11.5 13.5 1117568 38HDR036---61 CNPH*3617A**58CV(A,X)110---20 33,000 11.5 13.5111757038HDR036---61 CNPH*3617A**58CV(A,X)135---22 33,000 11.5 13.5 1117572 38HDR036---61 CNPH*3617A**58CV(A,X)155---22 33,000 11.5 14.0 3116373 38HDR036---61 CNPH*3617A**58MEB040---12 33,000 12.0 14.5 3116374 38HDR036---61 CNPH*3617A**58MEB060---12 33,000 12.0 14.5311637538HDR036---61 CNPH*3617A**58MEB080---12 33,000 12.0 14.5 3116376 38HDR036---61 CNPH*3617A**58MEB080---16 33,000 12.0 14.5 3116377 38HDR036---61 CNPH*3617A**58MEB100---20 33,000 12.0 14.5 1390684 38HDR036---61 CNPH*3617A**58MV(B,C)060---14 33,000 11.5 13.5139070838HDR036---61 CNPH*3617A**58MV(B,C)080---14 33,000 11.5 13.5 1390726 38HDR036---61 CNPH*3617A**58MV(B,C)080---20 33,000 11.5 13.5 See notes on page 26 38 H D R 19 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 1390744 38HDR036---61 CNPH*3617A**58MV(B,C)100---20 33,000 11.5 13.5 1390756 38HDR036---61 CNPH*3617A**58MV(B,C)120---20 33,000 11.5 13.5301550438HDR036---61 CNPH*3617A**58PH*045---08 33,000 11.5 14.0 3015505 38HDR036---61 CNPH*3617A**58PH*070---16 33,000 11.5 14.0 3015506 38HDR036---61 CNPH*3617A**58PH*090---16 33,000 12.0 14.5 3015507 38HDR036---61 CNPH*3617A**58PH*110---20 33,000 12.0 14.5111755038HDR036---61 CNPH*3617A**+TDR 33,000 11.0 13.0111758838HDR036---61 CNPH*4221A**58CV(A,X)070---12 33,400 11.5 14.0 1117590 38HDR036---61 CNPH*4221A**58CV(A,X)090---16 33,400 11.5 14.5 1117592 38HDR036---61 CNPH*4221A**58CV(A,X)110---20 33,400 11.5 14.5 1117594 38HDR036---61 CNPH*4221A**58CV(A,X)135---22 33,400 11.5 14.5111759638HDR036---61 CNPH*4221A**58CV(A,X)155---22 33,400 11.5 14.5 3116378 38HDR036---61 CNPH*4221A**58MEB040---12 33,400 12.0 14.5 3116379 38HDR036---61 CNPH*4221A**58MEB060---12 33,400 12.0 14.5 3116380 38HDR036---61 CNPH*4221A**58MEB080---12 33,400 12.0 14.5311638138HDR036---61 CNPH*4221A**58MEB080---16 33,400 12.0 14.5 3116382 38HDR036---61 CNPH*4221A**58MEB100---20 33,400 12.0 14.5 1390686 38HDR036---61 CNPH*4221A**58MV(B,C)060---14 33,400 11.5 14.0 1390710 38HDR036---61 CNPH*4221A**58MV(B,C)080---14 33,400 11.5 14.0139072838HDR036---61 CNPH*4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390746 38HDR036---61 CNPH*4221A**58MV(B,C)100---20 33,400 11.5 14.0 1390758 38HDR036---61 CNPH*4221A**58MV(B,C)120---20 33,400 11.5 14.5 3015508 38HDR036---61 CNPH*4221A**58PH*045---08 33,400 11.5 14.0301550938HDR036---61 CNPH*4221A**58PH*070---16 33,400 11.5 14.0 3015510 38HDR036---61 CNPH*4221A**58PH*090---16 33,400 12.0 14.5 3015511 38HDR036---61 CNPH*4221A**58PH*110---20 33,400 12.0 14.5 1117574 38HDR036---61 CNPH*4221A**+TDR 33,400 11.0 13.0111768838HDR036---61 CNPV*3617A**58CV(A,X)070---12 33,000 11.5 14.0 1117530 38HDR036---61 CNPV*3617A**58CV(A,X)090---16 33,000 11.5 13.5 3116359 38HDR036---61 CNPV*3617A**58MEB040---12 33,000 12.0 14.5 3116360 38HDR036---61 CNPV*3617A**58MEB060---12 33,000 12.0 14.5311636138HDR036---61 CNPV*3617A**58MEB080---12 33,000 12.0 14.5311636238HDR036---61 CNPV*3617A**58MEB080---16 33,000 12.0 14.5 1390682 38HDR036---61 CNPV*3617A**58MV(B,C)060---14 33,000 11.5 13.5 3015499 38HDR036---61 CNPV*3617A**58PH*070---16 33,000 11.5 14.0 1117526 38HDR036---61 CNPV*3617A**+TDR 33,000 11.0 13.0111769238HDR036---61 CNPV*3621A**58CV(A,X)090---16 33,000 11.5 14.5 1117540 38HDR036---61 CNPV*3621A**58CV(A,X)110---20 33,000 11.5 13.5 3116363 38HDR036---61 CNPV*3621A**58MEB100---20 33,000 12.0 14.5 1390696 38HDR036---61 CNPV*3621A**58MV(B,C)060---14 33,000 11.5 14.5139070438HDR036---61 CNPV*3621A**58MV(B,C)080---14 33,000 11.5 13.5 1390722 38HDR036---61 CNPV*3621A**58MV(B,C)080---20 33,000 11.5 13.5 1390740 38HDR036---61 CNPV*3621A**58MV(B,C)100---20 33,000 11.5 13.5 3015500 38HDR036---61 CNPV*3621A**58PH*090---16 33,000 12.0 14.5301550138HDR036---61 CNPV*3621A**58PH*110---20 33,000 12.0 14.5 1117532 38HDR036---61 CNPV*3621A**+TDR 33,000 11.0 13.0 3116366 38HDR036---61 CNPV*4217A**58CV(A,X)090---16 33,400 12.0 14.5 3116368 38HDR036---61 CNPV*4217A**58MEB040---12 33,400 12.0 14.5311636938HDR036---61 CNPV*4217A**58MEB060---12 33,400 12.0 14.5 3116370 38HDR036---61 CNPV*4217A**58MEB080---12 33,400 12.0 14.5 3116371 38HDR036---61 CNPV*4217A**58MEB080---16 33,400 12.0 14.5 3116365 38HDR036---61 CNPV*4217A**58MV(B,C)060---14 33,400 12.0 14.5311636738HDR036---61 CNPV*4217A**58PH*070---16 33,400 12.0 14.5 3116364 38HDR036---61 CNPV*4217A**+TDR 33,400 11.0 13.0 1117696 38HDR036---61 CNPV*4221A**58CV(A,X)090---16 33,400 11.5 14.5 1117548 38HDR036---61 CNPV*4221A**58CV(A,X)110---20 33,400 11.5 14.5311637238HDR036---61 CNPV*4221A**58MEB100---20 33,400 12.0 14.5139069838HDR036---61 CNPV*4221A**58MV(B,C)060---14 33,400 11.5 14.5 1390706 38HDR036---61 CNPV*4221A**58MV(B,C)080---14 33,400 11.5 14.0 1390724 38HDR036---61 CNPV*4221A**58MV(B,C)080---20 33,400 11.5 14.0 1390742 38HDR036---61 CNPV*4221A**58MV(B,C)100---20 33,400 11.5 14.0301550238HDR036---61 CNPV*4221A**58PH*090---16 33,400 12.0 14.5 3015503 38HDR036---61 CNPV*4221A**58PH*110---20 33,400 12.0 14.5 1117614 38HDR036---61 CSPH*3612A**58CV(A,X)070---12 33,000 11.5 14.0 1117616 38HDR036---61 CSPH*3612A**58CV(A,X)090---16 33,000 11.5 14.5111761838HDR036---61 CSPH*3612A**58CV(A,X)110---20 33,000 11.5 14.5 1117620 38HDR036---61 CSPH*3612A**58CV(A,X)135---22 33,000 11.5 14.5 1117622 38HDR036---61 CSPH*3612A**58CV(A,X)155---22 33,000 11.5 14.5 3116383 38HDR036---61 CSPH*3612A**58MEB040---12 33,000 12.0 14.5311638438HDR036---61 CSPH*3612A**58MEB060---12 33,000 12.0 14.5 3116385 38HDR036---61 CSPH*3612A**58MEB080---12 33,000 12.0 14.5 3116386 38HDR036---61 CSPH*3612A**58MEB080---16 33,000 12.0 14.5 3116387 38HDR036---61 CSPH*3612A**58MEB100---20 33,000 12.0 14.5139068838HDR036---61 CSPH*3612A**58MV(B,C)060---14 33,000 11.5 14.5 1390712 38HDR036---61 CSPH*3612A**58MV(B,C)080---14 33,000 11.5 14.0 1390730 38HDR036---61 CSPH*3612A**58MV(B,C)080---20 33,000 11.5 14.0 1390748 38HDR036---61 CSPH*3612A**58MV(B,C)100---20 33,000 11.5 14.5139076038HDR036---61 CSPH*3612A**58MV(B,C)120---20 33,000 11.5 14.5 3015512 38HDR036---61 CSPH*3612A**58PH*045---08 33,000 11.5 14.0 See notes on page 26 38 H D R 20 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3015513 38HDR036---61 CSPH*3612A**58PH*070---16 33,000 11.5 14.0 3015514 38HDR036---61 CSPH*3612A**58PH*090---16 33,000 12.0 14.5301551538HDR036---61 CSPH*3612A**58PH*110---20 33,000 12.0 14.5 1117600 38HDR036---61 CSPH*3612A**+TDR 33,000 11.0 13.0 1117638 38HDR036---61 CSPH*4212A**58CV(A,X)070---12 33,400 11.5 14.0 1117640 38HDR036---61 CSPH*4212A**58CV(A,X)090---16 33,400 11.5 14.5111764238HDR036---61 CSPH*4212A**58CV(A,X)110---20 33,400 11.5 14.5111764438HDR036---61 CSPH*4212A**58CV(A,X)135---22 33,400 11.5 14.5 1117646 38HDR036---61 CSPH*4212A**58CV(A,X)155---22 33,400 11.5 14.5 3116388 38HDR036---61 CSPH*4212A**58MEB040---12 33,400 12.0 14.5 3116389 38HDR036---61 CSPH*4212A**58MEB060---12 33,400 12.0 14.5311639038HDR036---61 CSPH*4212A**58MEB080---12 33,400 12.0 14.5 3116391 38HDR036---61 CSPH*4212A**58MEB080---16 33,400 12.0 14.5 3116392 38HDR036---61 CSPH*4212A**58MEB100---20 33,400 12.0 14.5 1390690 38HDR036---61 CSPH*4212A**58MV(B,C)060---14 33,400 11.5 14.0139071438HDR036---61 CSPH*4212A**58MV(B,C)080---14 33,400 11.5 14.0 1390732 38HDR036---61 CSPH*4212A**58MV(B,C)080---20 33,400 11.5 14.0 1390750 38HDR036---61 CSPH*4212A**58MV(B,C)100---20 33,400 11.5 14.0 1390762 38HDR036---61 CSPH*4212A**58MV(B,C)120---20 33,400 11.5 14.0301551638HDR036---61 CSPH*4212A**58PH*045---08 33,400 11.5 14.0 3015517 38HDR036---61 CSPH*4212A**58PH*070---16 33,400 11.5 14.0 3015518 38HDR036---61 CSPH*4212A**58PH*090---16 33,400 12.0 14.5 3015519 38HDR036---61 CSPH*4212A**58PH*110---20 33,400 12.0 14.5111762438HDR036---61 CSPH*4212A**+TDR 33,400 11.0 13.0 1117658 38HDR036---61 FE4AN(B,F)003+UI 33,000 11.5 14.0 1117660 38HDR036---61 FE4AN(B,F)005+UI 33,400 12.5 15.0 1117662 38HDR036---61 FE4ANB006+UI 33,400 12.5 15.0111765638HDR036---61 FE4ANF002+UI 33,000 11.5 13.5 1117664 38HDR036---61 FF1ENP036 33,000 11.0 13.0 1117668 38HDR036---61 FV4BNB006 33,400 12.5 15.0 1117666 38HDR036---61 FV4BNF002 33,000 11.5 13.5340463538HDR036---61 FV4CNB006 33,400 12.5 15.0340463438HDR036---61 FV4CNF002 33,000 11.5 13.5 1117652 38HDR036---61 FX4CN(B,F)036 33,000 11.5 14.0 1117654 38HDR036---61 FX4CN(B,F)042 33,400 11.5 14.0 1117648 38HDR036---61 FY4ANF036 33,000 11.0 13.0111765038HDR036---61 FY4ANF042 33,400 11.0 13.0 3465144 38HDR048---32 †CNPV*4821A**+TDR 47,000 11.0 13.0 3465807 38HDR048---32 40QAC048---3 45,500 11.5 13.0346514638HDR048---32 CAP**4817A**58CV(A,X)090---16 46,500 11.5 13.5 3465148 38HDR048---32 CAP**4817A**58MEB080---16 46,500 11.5 14.0 3465147 38HDR048---32 CAP**4817A**58PH*070---16 46,500 11.5 13.5 3465145 38HDR048---32 CAP**4817A**+TDR 46,500 11.0 13.0346515238HDR048---32 CAP**4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465155 38HDR048---32 CAP**4821A**58MEB100---20 46,500 11.5 14.0 3465150 38HDR048---32 CAP**4821A**58MV(B,C)080---20 46,000 11.5 13.5 3465151 38HDR048---32 CAP**4821A**58MV(B,C)100---20 46,500 11.5 13.5346515338HDR048---32 CAP**4821A**58PH*090---16 46,500 11.5 14.0 3465154 38HDR048---32 CAP**4821A**58PH*110---20 46,500 11.5 14.0 3465149 38HDR048---32 CAP**4821A**+TDR 47,000 11.0 13.0 3465158 38HDR048---32 CAP**4824A**58CV(A,X)135---22 46,500 11.5 13.5346515938HDR048---32 CAP**4824A**58CV(A,X)155---22 46,500 11.5 13.5 3465161 38HDR048---32 CAP**4824A**58MEB120---20 46,500 11.5 14.0 3465157 38HDR048---32 CAP**4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465160 38HDR048---32 CAP**4824A**58PH*135---20 46,500 11.5 14.0346515638HDR048---32 CAP**4824A**+TDR 47,000 11.0 13.0346516538HDR048---32 CAP**6021A**58CV(A,X)110---20 47,000 11.5 13.5 3465168 38HDR048---32 CAP**6021A**58MEB100---20 47,000 12.0 14.5 3465163 38HDR048---32 CAP**6021A**58MV(B,C)080---20 47,000 11.5 13.5 3465164 38HDR048---32 CAP**6021A**58MV(B,C)100---20 47,000 11.5 13.5346516638HDR048---32 CAP**6021A**58PH*090---16 47,000 12.0 14.5 3465167 38HDR048---32 CAP**6021A**58PH*110---20 47,000 12.0 14.5 3465162 38HDR048---32 CAP**6021A**+TDR 47,500 11.0 13.0 3465171 38HDR048---32 CAP**6024A**58CV(A,X)135---22 47,000 11.5 13.5346517238HDR048---32 CAP**6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465174 38HDR048---32 CAP**6024A**58MEB120---20 47,000 12.0 14.5 3465170 38HDR048---32 CAP**6024A**58MV(B,C)120---20 47,000 11.5 13.5 3465173 38HDR048---32 CAP**6024A**58PH*135---20 47,000 12.0 14.5346516938HDR048---32 CAP**6024A**+TDR 47,500 11.0 13.0 3465221 38HDR048---32 CNPF*4818A**+TDR 46,000 11.0 13.0 3465197 38HDR048---32 CNPH*4821A**58CV(A,X)090---16 46,500 11.5 13.5 3465198 38HDR048---32 CNPH*4821A**58CV(A,X)110---20 46,500 11.5 13.5346519938HDR048---32 CNPH*4821A**58CV(A,X)135---22 46,500 11.5 13.5 3465200 38HDR048---32 CNPH*4821A**58CV(A,X)155---22 46,500 11.5 13.5 3465204 38HDR048---32 CNPH*4821A**58MEB080---16 46,500 11.5 14.0 3465205 38HDR048---32 CNPH*4821A**58MEB100---20 46,500 11.5 14.0346520638HDR048---32 CNPH*4821A**58MEB120---20 46,500 11.5 14.0 3465194 38HDR048---32 CNPH*4821A**58MV(B,C)080---20 46,500 11.5 13.5 See notes on page 26 38 H D R 21 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465195 38HDR048---32 CNPH*4821A**58MV(B,C)100---20 46,500 11.5 13.5 3465196 38HDR048---32 CNPH*4821A**58MV(B,C)120---20 46,500 11.5 13.5346520138HDR048---32 CNPH*4821A**58PH*090---16 46,500 11.5 13.5 3465202 38HDR048---32 CNPH*4821A**58PH*110---20 46,500 11.5 13.5 3465203 38HDR048---32 CNPH*4821A**58PH*135---20 46,500 11.5 13.5 3465193 38HDR048---32 CNPH*4821A**+TDR 47,000 11.0 13.0346521138HDR048---32 CNPH*6024A**58CV(A,X)090---16 47,000 11.5 13.5346521238HDR048---32 CNPH*6024A**58CV(A,X)110---20 47,000 11.5 13.5 3465213 38HDR048---32 CNPH*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465214 38HDR048---32 CNPH*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465218 38HDR048---32 CNPH*6024A**58MEB080---16 47,000 11.5 14.0346521938HDR048---32 CNPH*6024A**58MEB100---20 47,000 12.0 14.5 3465220 38HDR048---32 CNPH*6024A**58MEB120---20 47,000 12.0 14.5 3465208 38HDR048---32 CNPH*6024A**58MV(B,C)080---20 47,000 11.5 13.5 3465209 38HDR048---32 CNPH*6024A**58MV(B,C)100---20 47,000 11.5 13.5346521038HDR048---32 CNPH*6024A**58MV(B,C)120---20 47,000 11.5 13.5 3465215 38HDR048---32 CNPH*6024A**58PH*090---16 47,000 12.0 14.5 3465216 38HDR048---32 CNPH*6024A**58PH*110---20 47,000 12.0 14.5 3465217 38HDR048---32 CNPH*6024A**58PH*135---20 47,000 12.0 14.5346520738HDR048---32 CNPH*6024A**+TDR 47,500 11.0 13.0 3465177 38HDR048---32 CNPV*4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465180 38HDR048---32 CNPV*4821A**58MEB100---20 46,500 11.5 13.5 3465175 38HDR048---32 CNPV*4821A**58MV(B,C)080---20 46,500 11.5 13.5346517638HDR048---32 CNPV*4821A**58MV(B,C)100---20 46,500 11.5 13.5 3465178 38HDR048---32 CNPV*4821A**58PH*090---16 46,500 11.5 14.0 3465179 38HDR048---32 CNPV*4821A**58PH*110---20 46,500 11.5 14.0 3465183 38HDR048---32 CNPV*4824A**58CV(A,X)135---22 46,500 11.5 13.5346518438HDR048---32 CNPV*4824A**58CV(A,X)155---22 46,500 11.5 13.5 3465186 38HDR048---32 CNPV*4824A**58MEB120---20 46,500 11.5 14.0 3465182 38HDR048---32 CNPV*4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465185 38HDR048---32 CNPV*4824A**58PH*135---20 46,500 11.5 14.0346518138HDR048---32 CNPV*4824A**+TDR 47,000 11.0 13.0346518938HDR048---32 CNPV*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465190 38HDR048---32 CNPV*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465192 38HDR048---32 CNPV*6024A**58MEB120---20 47,000 12.0 14.5 3465188 38HDR048---32 CNPV*6024A**58MV(B,C)120---20 47,000 11.5 13.5346519138HDR048---32 CNPV*6024A**58PH*135---20 47,000 12.0 14.5 3465187 38HDR048---32 CNPV*6024A**+TDR 47,500 11.0 13.0 3465226 38HDR048---32 CSPH*4812A**58CV(A,X)090---16 46,500 11.5 13.5 3465227 38HDR048---32 CSPH*4812A**58CV(A,X)110---20 46,500 11.5 13.5346522838HDR048---32 CSPH*4812A**58CV(A,X)135---22 46,500 11.5 13.5 3465229 38HDR048---32 CSPH*4812A**58CV(A,X)155---22 46,500 11.5 13.5 3465233 38HDR048---32 CSPH*4812A**58MEB080---16 46,500 11.5 14.0 3465234 38HDR048---32 CSPH*4812A**58MEB100---20 46,500 11.5 14.0346523538HDR048---32 CSPH*4812A**58MEB120---20 46,500 11.5 14.0 3465223 38HDR048---32 CSPH*4812A**58MV(B,C)080---20 46,500 11.5 13.5 3465224 38HDR048---32 CSPH*4812A**58MV(B,C)100---20 46,500 11.5 13.5 3465225 38HDR048---32 CSPH*4812A**58MV(B,C)120---20 46,500 11.5 13.5346523038HDR048---32 CSPH*4812A**58PH*090---16 46,500 11.5 14.0 3465231 38HDR048---32 CSPH*4812A**58PH*110---20 46,500 11.5 14.0 3465232 38HDR048---32 CSPH*4812A**58PH*135---20 46,500 11.5 14.0 3465222 38HDR048---32 CSPH*4812A**+TDR 47,000 11.0 13.0346524038HDR048---32 CSPH*6012A**58CV(A,X)090---16 47,000 11.5 13.5 3465241 38HDR048---32 CSPH*6012A**58CV(A,X)110---20 47,000 11.5 14.0 3465242 38HDR048---32 CSPH*6012A**58CV(A,X)135---22 47,000 11.5 14.0 3465243 38HDR048---32 CSPH*6012A**58CV(A,X)155---22 47,000 11.5 14.0346524738HDR048---32 CSPH*6012A**58MEB080---16 47,000 12.0 14.5346524838HDR048---32 CSPH*6012A**58MEB100---20 47,000 12.0 14.5 3465249 38HDR048---32 CSPH*6012A**58MEB120---20 47,000 12.0 14.5 3465237 38HDR048---32 CSPH*6012A**58MV(B,C)080---20 47,000 11.5 13.5 3465238 38HDR048---32 CSPH*6012A**58MV(B,C)100---20 47,000 11.5 13.5346523938HDR048---32 CSPH*6012A**58MV(B,C)120---20 47,000 11.5 13.5 3465244 38HDR048---32 CSPH*6012A**58PH*090---16 47,000 12.0 14.5 3465245 38HDR048---32 CSPH*6012A**58PH*110---20 47,000 12.0 14.5 3465246 38HDR048---32 CSPH*6012A**58PH*135---20 47,000 12.0 14.5346523638HDR048---32 CSPH*6012A**+TDR 47,500 11.0 13.0 3465254 38HDR048---32 FE4AN(B,F)005+UI 47,000 11.5 13.5 3465255 38HDR048---32 FE4ANB006+UI 47,500 11.5 14.0 3465256 38HDR048---32 FV4BN(B,F)005 47,000 11.5 14.0346525738HDR048---32 FV4BNB006 47,500 11.5 14.0 3465252 38HDR048---32 FX4CN(B,F)048 47,000 11.5 13.5 3465253 38HDR048---32 FX4CN(B,F)060 47,500 11.5 14.0 3465251 38HDR048---32 FY4ANB060 47,500 11.0 13.0346525038HDR048---32 FY4ANF048 47,000 11.0 13.0 3465258 38HDR048---52 †CNPV*4821A**+TDR 47,000 11.0 13.0 3465808 38HDR048---52 40QAC048---3 45,500 11.5 13.0346526038HDR048---52 CAP**4817A**58CV(A,X)090---16 46,500 11.5 13.5 3465262 38HDR048---52 CAP**4817A**58MEB080---16 46,500 11.5 14.0 See notes on page 26 38 H D R 22 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465261 38HDR048---52 CAP**4817A**58PH*070---16 46,500 11.5 13.5 3465259 38HDR048---52 CAP**4817A**+TDR 46,500 11.0 13.0346526638HDR048---52 CAP**4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465269 38HDR048---52 CAP**4821A**58MEB100---20 46,500 11.5 14.0 3465264 38HDR048---52 CAP**4821A**58MV(B,C)080---20 46,000 11.5 13.5 3465265 38HDR048---52 CAP**4821A**58MV(B,C)100---20 46,500 11.5 13.5346526738HDR048---52 CAP**4821A**58PH*090---16 46,500 11.5 14.0346526838HDR048---52 CAP**4821A**58PH*110---20 46,500 11.5 14.0 3465263 38HDR048---52 CAP**4821A**+TDR 47,000 11.0 13.0 3465272 38HDR048---52 CAP**4824A**58CV(A,X)135---22 46,500 11.5 13.5 3465273 38HDR048---52 CAP**4824A**58CV(A,X)155---22 46,500 11.5 13.5346527538HDR048---52 CAP**4824A**58MEB120---20 46,500 11.5 14.0 3465271 38HDR048---52 CAP**4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465274 38HDR048---52 CAP**4824A**58PH*135---20 46,500 11.5 14.0 3465270 38HDR048---52 CAP**4824A**+TDR 47,000 11.0 13.0346527938HDR048---52 CAP**6021A**58CV(A,X)110---20 47,000 11.5 13.5 3465282 38HDR048---52 CAP**6021A**58MEB100---20 47,000 12.0 14.5 3465277 38HDR048---52 CAP**6021A**58MV(B,C)080---20 47,000 11.5 13.5 3465278 38HDR048---52 CAP**6021A**58MV(B,C)100---20 47,000 11.5 13.5346528038HDR048---52 CAP**6021A**58PH*090---16 47,000 12.0 14.5 3465281 38HDR048---52 CAP**6021A**58PH*110---20 47,000 12.0 14.5 3465276 38HDR048---52 CAP**6021A**+TDR 47,500 11.0 13.0 3465285 38HDR048---52 CAP**6024A**58CV(A,X)135---22 47,000 11.5 13.5346528638HDR048---52 CAP**6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465288 38HDR048---52 CAP**6024A**58MEB120---20 47,000 12.0 14.5 3465284 38HDR048---52 CAP**6024A**58MV(B,C)120---20 47,000 11.5 13.5 3465287 38HDR048---52 CAP**6024A**58PH*135---20 47,000 12.0 14.5346528338HDR048---52 CAP**6024A**+TDR 47,500 11.0 13.0 3465335 38HDR048---52 CNPF*4818A**+TDR 46,000 11.0 13.0 3465311 38HDR048---52 CNPH*4821A**58CV(A,X)090---16 46,500 11.5 13.5 3465312 38HDR048---52 CNPH*4821A**58CV(A,X)110---20 46,500 11.5 13.5346531338HDR048---52 CNPH*4821A**58CV(A,X)135---22 46,500 11.5 13.5346531438HDR048---52 CNPH*4821A**58CV(A,X)155---22 46,500 11.5 13.5 3465318 38HDR048---52 CNPH*4821A**58MEB080---16 46,500 11.5 14.0 3465319 38HDR048---52 CNPH*4821A**58MEB100---20 46,500 11.5 14.0 3465320 38HDR048---52 CNPH*4821A**58MEB120---20 46,500 11.5 14.0346530838HDR048---52 CNPH*4821A**58MV(B,C)080---20 46,500 11.5 13.5 3465309 38HDR048---52 CNPH*4821A**58MV(B,C)100---20 46,500 11.5 13.5 3465310 38HDR048---52 CNPH*4821A**58MV(B,C)120---20 46,500 11.5 13.5 3465315 38HDR048---52 CNPH*4821A**58PH*090---16 46,500 11.5 13.5346531638HDR048---52 CNPH*4821A**58PH*110---20 46,500 11.5 13.5 3465317 38HDR048---52 CNPH*4821A**58PH*135---20 46,500 11.5 13.5 3465307 38HDR048---52 CNPH*4821A**+TDR 47,000 11.0 13.0 3465325 38HDR048---52 CNPH*6024A**58CV(A,X)090---16 47,000 11.5 13.5346532638HDR048---52 CNPH*6024A**58CV(A,X)110---20 47,000 11.5 13.5 3465327 38HDR048---52 CNPH*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465328 38HDR048---52 CNPH*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465332 38HDR048---52 CNPH*6024A**58MEB080---16 47,000 11.5 14.0346533338HDR048---52 CNPH*6024A**58MEB100---20 47,000 12.0 14.5 3465334 38HDR048---52 CNPH*6024A**58MEB120---20 47,000 12.0 14.5 3465322 38HDR048---52 CNPH*6024A**58MV(B,C)080---20 47,000 11.5 13.5 3465323 38HDR048---52 CNPH*6024A**58MV(B,C)100---20 47,000 11.5 13.5346532438HDR048---52 CNPH*6024A**58MV(B,C)120---20 47,000 11.5 13.5 3465329 38HDR048---52 CNPH*6024A**58PH*090---16 47,000 12.0 14.5 3465330 38HDR048---52 CNPH*6024A**58PH*110---20 47,000 12.0 14.5 3465331 38HDR048---52 CNPH*6024A**58PH*135---20 47,000 12.0 14.5346532138HDR048---52 CNPH*6024A**+TDR 47,500 11.0 13.0346529138HDR048---52 CNPV*4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465294 38HDR048---52 CNPV*4821A**58MEB100---20 46,500 11.5 13.5 3465289 38HDR048---52 CNPV*4821A**58MV(B,C)080---20 46,500 11.5 13.5 3465290 38HDR048---52 CNPV*4821A**58MV(B,C)100---20 46,500 11.5 13.5346529238HDR048---52 CNPV*4821A**58PH*090---16 46,500 11.5 14.0 3465293 38HDR048---52 CNPV*4821A**58PH*110---20 46,500 11.5 14.0 3465297 38HDR048---52 CNPV*4824A**58CV(A,X)135---22 46,500 11.5 13.5 3465298 38HDR048---52 CNPV*4824A**58CV(A,X)155---22 46,500 11.5 13.5346530038HDR048---52 CNPV*4824A**58MEB120---20 46,500 11.5 14.0 3465296 38HDR048---52 CNPV*4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465299 38HDR048---52 CNPV*4824A**58PH*135---20 46,500 11.5 14.0 3465295 38HDR048---52 CNPV*4824A**+TDR 47,000 11.0 13.0346530338HDR048---52 CNPV*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465304 38HDR048---52 CNPV*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465306 38HDR048---52 CNPV*6024A**58MEB120---20 47,000 12.0 14.5 3465302 38HDR048---52 CNPV*6024A**58MV(B,C)120---20 47,000 11.5 13.5346530538HDR048---52 CNPV*6024A**58PH*135---20 47,000 12.0 14.5 3465301 38HDR048---52 CNPV*6024A**+TDR 47,500 11.0 13.0 3465340 38HDR048---52 CSPH*4812A**58CV(A,X)090---16 46,500 11.5 13.5 3465341 38HDR048---52 CSPH*4812A**58CV(A,X)110---20 46,500 11.5 13.5346534238HDR048---52 CSPH*4812A**58CV(A,X)135---22 46,500 11.5 13.5 3465343 38HDR048---52 CSPH*4812A**58CV(A,X)155---22 46,500 11.5 13.5 See notes on page 26 38 H D R 23 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465347 38HDR048---52 CSPH*4812A**58MEB080---16 46,500 11.5 14.0 3465348 38HDR048---52 CSPH*4812A**58MEB100---20 46,500 11.5 14.0346534938HDR048---52 CSPH*4812A**58MEB120---20 46,500 11.5 14.0 3465337 38HDR048---52 CSPH*4812A**58MV(B,C)080---20 46,500 11.5 13.5 3465338 38HDR048---52 CSPH*4812A**58MV(B,C)100---20 46,500 11.5 13.5 3465339 38HDR048---52 CSPH*4812A**58MV(B,C)120---20 46,500 11.5 13.5346534438HDR048---52 CSPH*4812A**58PH*090---16 46,500 11.5 14.0346534538HDR048---52 CSPH*4812A**58PH*110---20 46,500 11.5 14.0 3465346 38HDR048---52 CSPH*4812A**58PH*135---20 46,500 11.5 14.0 3465336 38HDR048---52 CSPH*4812A**+TDR 47,000 11.0 13.0 3465354 38HDR048---52 CSPH*6012A**58CV(A,X)090---16 47,000 11.5 13.5346535538HDR048---52 CSPH*6012A**58CV(A,X)110---20 47,000 11.5 14.0 3465356 38HDR048---52 CSPH*6012A**58CV(A,X)135---22 47,000 11.5 14.0 3465357 38HDR048---52 CSPH*6012A**58CV(A,X)155---22 47,000 11.5 14.0 3465361 38HDR048---52 CSPH*6012A**58MEB080---16 47,000 12.0 14.5346536238HDR048---52 CSPH*6012A**58MEB100---20 47,000 12.0 14.5 3465363 38HDR048---52 CSPH*6012A**58MEB120---20 47,000 12.0 14.5 3465351 38HDR048---52 CSPH*6012A**58MV(B,C)080---20 47,000 11.5 13.5 3465352 38HDR048---52 CSPH*6012A**58MV(B,C)100---20 47,000 11.5 13.5346535338HDR048---52 CSPH*6012A**58MV(B,C)120---20 47,000 11.5 13.5 3465358 38HDR048---52 CSPH*6012A**58PH*090---16 47,000 12.0 14.5 3465359 38HDR048---52 CSPH*6012A**58PH*110---20 47,000 12.0 14.5 3465360 38HDR048---52 CSPH*6012A**58PH*135---20 47,000 12.0 14.5346535038HDR048---52 CSPH*6012A**+TDR 47,500 11.0 13.0 3465368 38HDR048---52 FE4AN(B,F)005+UI 47,000 11.5 13.5 3465369 38HDR048---52 FE4ANB006+UI 47,500 11.5 14.0 3465370 38HDR048---52 FV4BN(B,F)005 47,000 11.5 14.0346537138HDR048---52 FV4BNB006 47,500 11.5 14.0 3465366 38HDR048---52 FX4CN(B,F)048 47,000 11.5 13.5 3465367 38HDR048---52 FX4CN(B,F)060 47,500 11.5 14.0 3465365 38HDR048---52 FY4ANB060 47,500 11.0 13.0346536438HDR048---52 FY4ANF048 47,000 11.0 13.0 3465372 38HDR048---62 †CNPV*4821A**+TDR 47,000 11.0 13.0 3465809 38HDR048---62 40QAC048---3 45,500 11.5 13.0 3465374 38HDR048---62 CAP**4817A**58CV(A,X)090---16 46,500 11.5 13.5346537638HDR048---62 CAP**4817A**58MEB080---16 46,500 11.5 14.0 3465375 38HDR048---62 CAP**4817A**58PH*070---16 46,500 11.5 13.5 3465373 38HDR048---62 CAP**4817A**+TDR 46,500 11.0 13.0 3465380 38HDR048---62 CAP**4821A**58CV(A,X)110---20 46,500 11.5 13.5346538338HDR048---62 CAP**4821A**58MEB100---20 46,500 11.5 14.0 3465378 38HDR048---62 CAP**4821A**58MV(B,C)080---20 46,000 11.5 13.5 3465379 38HDR048---62 CAP**4821A**58MV(B,C)100---20 46,500 11.5 13.5 3465381 38HDR048---62 CAP**4821A**58PH*090---16 46,500 11.5 14.0346538238HDR048---62 CAP**4821A**58PH*110---20 46,500 11.5 14.0 3465377 38HDR048---62 CAP**4821A**+TDR 47,000 11.0 13.0 3465386 38HDR048---62 CAP**4824A**58CV(A,X)135---22 46,500 11.5 13.5 3465387 38HDR048---62 CAP**4824A**58CV(A,X)155---22 46,500 11.5 13.5346538938HDR048---62 CAP**4824A**58MEB120---20 46,500 11.5 14.0 3465385 38HDR048---62 CAP**4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465388 38HDR048---62 CAP**4824A**58PH*135---20 46,500 11.5 14.0 3465384 38HDR048---62 CAP**4824A**+TDR 47,000 11.0 13.0346539338HDR048---62 CAP**6021A**58CV(A,X)110---20 47,000 11.5 13.5 3465396 38HDR048---62 CAP**6021A**58MEB100---20 47,000 12.0 14.5 3465391 38HDR048---62 CAP**6021A**58MV(B,C)080---20 47,000 11.5 13.5 3465392 38HDR048---62 CAP**6021A**58MV(B,C)100---20 47,000 11.5 13.5346539438HDR048---62 CAP**6021A**58PH*090---16 47,000 12.0 14.5346539538HDR048---62 CAP**6021A**58PH*110---20 47,000 12.0 14.5 3465390 38HDR048---62 CAP**6021A**+TDR 47,500 11.0 13.0 3465399 38HDR048---62 CAP**6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465400 38HDR048---62 CAP**6024A**58CV(A,X)155---22 47,000 11.5 14.0346540238HDR048---62 CAP**6024A**58MEB120---20 47,000 12.0 14.5 3465398 38HDR048---62 CAP**6024A**58MV(B,C)120---20 47,000 11.5 13.5 3465401 38HDR048---62 CAP**6024A**58PH*135---20 47,000 12.0 14.5 3465397 38HDR048---62 CAP**6024A**+TDR 47,500 11.0 13.0346544938HDR048---62 CNPF*4818A**+TDR 46,000 11.0 13.0 3465425 38HDR048---62 CNPH*4821A**58CV(A,X)090---16 46,500 11.5 13.5 3465426 38HDR048---62 CNPH*4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465427 38HDR048---62 CNPH*4821A**58CV(A,X)135---22 46,500 11.5 13.5346542838HDR048---62 CNPH*4821A**58CV(A,X)155---22 46,500 11.5 13.5 3465432 38HDR048---62 CNPH*4821A**58MEB080---16 46,500 11.5 14.0 3465433 38HDR048---62 CNPH*4821A**58MEB100---20 46,500 11.5 14.0 3465434 38HDR048---62 CNPH*4821A**58MEB120---20 46,500 11.5 14.0346542238HDR048---62 CNPH*4821A**58MV(B,C)080---20 46,500 11.5 13.5 3465423 38HDR048---62 CNPH*4821A**58MV(B,C)100---20 46,500 11.5 13.5 3465424 38HDR048---62 CNPH*4821A**58MV(B,C)120---20 46,500 11.5 13.5 3465429 38HDR048---62 CNPH*4821A**58PH*090---16 46,500 11.5 13.5346543038HDR048---62 CNPH*4821A**58PH*110---20 46,500 11.5 13.5 3465431 38HDR048---62 CNPH*4821A**58PH*135---20 46,500 11.5 13.5 See notes on page 26 38 H D R 24 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465421 38HDR048---62 CNPH*4821A**+TDR 47,000 11.0 13.0 3465439 38HDR048---62 CNPH*6024A**58CV(A,X)090---16 47,000 11.5 13.5346544038HDR048---62 CNPH*6024A**58CV(A,X)110---20 47,000 11.5 13.5 3465441 38HDR048---62 CNPH*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465442 38HDR048---62 CNPH*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465446 38HDR048---62 CNPH*6024A**58MEB080---16 47,000 11.5 14.0346544738HDR048---62 CNPH*6024A**58MEB100---20 47,000 12.0 14.5346544838HDR048---62 CNPH*6024A**58MEB120---20 47,000 12.0 14.5 3465436 38HDR048---62 CNPH*6024A**58MV(B,C)080---20 47,000 11.5 13.5 3465437 38HDR048---62 CNPH*6024A**58MV(B,C)100---20 47,000 11.5 13.5 3465438 38HDR048---62 CNPH*6024A**58MV(B,C)120---20 47,000 11.5 13.5346544338HDR048---62 CNPH*6024A**58PH*090---16 47,000 12.0 14.5 3465444 38HDR048---62 CNPH*6024A**58PH*110---20 47,000 12.0 14.5 3465445 38HDR048---62 CNPH*6024A**58PH*135---20 47,000 12.0 14.5 3465435 38HDR048---62 CNPH*6024A**+TDR 47,500 11.0 13.0346540538HDR048---62 CNPV*4821A**58CV(A,X)110---20 46,500 11.5 13.5 3465408 38HDR048---62 CNPV*4821A**58MEB100---20 46,500 11.5 13.5 3465403 38HDR048---62 CNPV*4821A**58MV(B,C)080---20 46,500 11.5 13.5 3465404 38HDR048---62 CNPV*4821A**58MV(B,C)100---20 46,500 11.5 13.5346540638HDR048---62 CNPV*4821A**58PH*090---16 46,500 11.5 14.0 3465407 38HDR048---62 CNPV*4821A**58PH*110---20 46,500 11.5 14.0 3465411 38HDR048---62 CNPV*4824A**58CV(A,X)135---22 46,500 11.5 13.5 3465412 38HDR048---62 CNPV*4824A**58CV(A,X)155---22 46,500 11.5 13.5346541438HDR048---62 CNPV*4824A**58MEB120---20 46,500 11.5 14.0 3465410 38HDR048---62 CNPV*4824A**58MV(B,C)120---20 46,500 11.5 13.5 3465413 38HDR048---62 CNPV*4824A**58PH*135---20 46,500 11.5 14.0 3465409 38HDR048---62 CNPV*4824A**+TDR 47,000 11.0 13.0346541738HDR048---62 CNPV*6024A**58CV(A,X)135---22 47,000 11.5 13.5 3465418 38HDR048---62 CNPV*6024A**58CV(A,X)155---22 47,000 11.5 14.0 3465420 38HDR048---62 CNPV*6024A**58MEB120---20 47,000 12.0 14.5 3465416 38HDR048---62 CNPV*6024A**58MV(B,C)120---20 47,000 11.5 13.5346541938HDR048---62 CNPV*6024A**58PH*135---20 47,000 12.0 14.5346541538HDR048---62 CNPV*6024A**+TDR 47,500 11.0 13.0 3465454 38HDR048---62 CSPH*4812A**58CV(A,X)090---16 46,500 11.5 13.5 3465455 38HDR048---62 CSPH*4812A**58CV(A,X)110---20 46,500 11.5 13.5 3465456 38HDR048---62 CSPH*4812A**58CV(A,X)135---22 46,500 11.5 13.5346545738HDR048---62 CSPH*4812A**58CV(A,X)155---22 46,500 11.5 13.5 3465461 38HDR048---62 CSPH*4812A**58MEB080---16 46,500 11.5 14.0 3465462 38HDR048---62 CSPH*4812A**58MEB100---20 46,500 11.5 14.0 3465463 38HDR048---62 CSPH*4812A**58MEB120---20 46,500 11.5 14.0346545138HDR048---62 CSPH*4812A**58MV(B,C)080---20 46,500 11.5 13.5 3465452 38HDR048---62 CSPH*4812A**58MV(B,C)100---20 46,500 11.5 13.5 3465453 38HDR048---62 CSPH*4812A**58MV(B,C)120---20 46,500 11.5 13.5 3465458 38HDR048---62 CSPH*4812A**58PH*090---16 46,500 11.5 14.0346545938HDR048---62 CSPH*4812A**58PH*110---20 46,500 11.5 14.0 3465460 38HDR048---62 CSPH*4812A**58PH*135---20 46,500 11.5 14.0 3465450 38HDR048---62 CSPH*4812A**+TDR 47,000 11.0 13.0 3465468 38HDR048---62 CSPH*6012A**58CV(A,X)090---16 47,000 11.5 13.5346546938HDR048---62 CSPH*6012A**58CV(A,X)110---20 47,000 11.5 14.0 3465470 38HDR048---62 CSPH*6012A**58CV(A,X)135---22 47,000 11.5 14.0 3465471 38HDR048---62 CSPH*6012A**58CV(A,X)155---22 47,000 11.5 14.0 3465475 38HDR048---62 CSPH*6012A**58MEB080---16 47,000 12.0 14.5346547638HDR048---62 CSPH*6012A**58MEB100---20 47,000 12.0 14.5 3465477 38HDR048---62 CSPH*6012A**58MEB120---20 47,000 12.0 14.5 3465465 38HDR048---62 CSPH*6012A**58MV(B,C)080---20 47,000 11.5 13.5 3465466 38HDR048---62 CSPH*6012A**58MV(B,C)100---20 47,000 11.5 13.5346546738HDR048---62 CSPH*6012A**58MV(B,C)120---20 47,000 11.5 13.5346547238HDR048---62 CSPH*6012A**58PH*090---16 47,000 12.0 14.5 3465473 38HDR048---62 CSPH*6012A**58PH*110---20 47,000 12.0 14.5 3465474 38HDR048---62 CSPH*6012A**58PH*135---20 47,000 12.0 14.5 3465464 38HDR048---62 CSPH*6012A**+TDR 47,500 11.0 13.0346548238HDR048---62 FE4AN(B,F)005+UI 47,000 11.5 13.5 3465483 38HDR048---62 FE4ANB006+UI 47,500 11.5 14.0 3465484 38HDR048---62 FV4BN(B,F)005 47,000 11.5 14.0 3465485 38HDR048---62 FV4BNB006 47,500 11.5 14.0346548038HDR048---62 FX4CN(B,F)048 47,000 11.5 13.5 3465481 38HDR048---62 FX4CN(B,F)060 47,500 11.5 14.0 3465479 38HDR048---62 FY4ANB060 47,500 11.0 13.0 3465478 38HDR048---62 FY4ANF048 47,000 11.0 13.0 3465024 38HDR060---32 †CNPV*6024A**+TDR 57,000 11.0 13.0 3465810 38HDR060---32 40QAC060---3 56,000 11.0 13.0 3465026 38HDR060---32 CAP**6021A**58CV(A,X)110---20 56,000 11.0 13.2346502938HDR060---32 CAP**6021A**58MEB100---20 56,000 11.0 13.5 3465027 38HDR060---32 CAP**6021A**58PH*090---16 56,000 11.0 13.2 3465028 38HDR060---32 CAP**6021A**58PH*110---20 56,000 11.0 13.5 3465025 38HDR060---32 CAP**6021A**+TDR 57,000 11.0 13.0346503138HDR060---32 CAP**6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465032 38HDR060---32 CAP**6024A**58CV(A,X)155---22 56,000 11.0 13.5 See notes on page 26 38 H D R 25 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465034 38HDR060---32 CAP**6024A**58MEB120---20 56,000 11.0 13.5 3465033 38HDR060---32 CAP**6024A**58PH*135---20 56,000 11.0 13.5346503038HDR060---32 CAP**6024A**+TDR 57,000 11.0 13.0 3465040 38HDR060---32 CNPH*6024A**58CV(A,X)110---20 56,000 11.0 13.2 3465041 38HDR060---32 CNPH*6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465042 38HDR060---32 CNPH*6024A**58CV(A,X)155---22 56,000 11.0 13.5346504638HDR060---32 CNPH*6024A**58MEB080---16 56,000 11.0 13.2346504738HDR060---32 CNPH*6024A**58MEB100---20 56,000 11.0 13.5 3465048 38HDR060---32 CNPH*6024A**58MEB120---20 56,000 11.0 13.5 3465043 38HDR060---32 CNPH*6024A**58PH*090---16 56,000 11.0 13.2 3465044 38HDR060---32 CNPH*6024A**58PH*110---20 56,000 11.0 13.5346504538HDR060---32 CNPH*6024A**58PH*135---20 56,000 11.0 13.5 3465039 38HDR060---32 CNPH*6024A**+TDR 57,000 11.0 13.0 3465035 38HDR060---32 CNPV*6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465036 38HDR060---32 CNPV*6024A**58CV(A,X)155---22 56,000 11.0 13.5346503838HDR060---32 CNPV*6024A**58MEB120---20 56,000 11.0 13.5 3465037 38HDR060---32 CNPV*6024A**58PH*135---20 56,000 11.0 13.5 3465051 38HDR060---32 CSPH*6012A**58CV(A,X)110---20 56,000 11.0 13.5 3465052 38HDR060---32 CSPH*6012A**58CV(A,X)135---22 56,000 11.0 13.5346505338HDR060---32 CSPH*6012A**58CV(A,X)155---22 56,000 11.0 13.5 3465057 38HDR060---32 CSPH*6012A**58MEB080---16 56,000 11.0 13.2 3465058 38HDR060---32 CSPH*6012A**58MEB100---20 56,000 11.0 13.5 3465059 38HDR060---32 CSPH*6012A**58MEB120---20 56,000 11.0 13.5346505038HDR060---32 CSPH*6012A**58MV(B,C)120---20 56,000 11.0 13.2 3465054 38HDR060---32 CSPH*6012A**58PH*090---16 56,000 11.0 13.5 3465055 38HDR060---32 CSPH*6012A**58PH*110---20 56,000 11.0 13.5 3465056 38HDR060---32 CSPH*6012A**58PH*135---20 56,000 11.0 13.5346504938HDR060---32 CSPH*6012A**+TDR 57,000 11.0 13.0 3465062 38HDR060---32 FE4ANB006+UI 57,500 11.0 13.5 3465063 38HDR060---32 FV4BNB006 57,500 11.0 13.5 3465061 38HDR060---32 FX4CN(B,F)060 57,500 11.0 13.5346506038HDR060---32 FY4ANB060 57,000 11.0 13.0 3465064 38HDR060---52 †CNPV*6024A**+TDR 57,000 11.0 13.0 3465811 38HDR060---52 40QAC060---3 56,000 11.0 13.0 3465066 38HDR060---52 CAP**6021A**58CV(A,X)110---20 56,000 11.0 13.2346506938HDR060---52 CAP**6021A**58MEB100---20 56,000 11.0 13.5 3465067 38HDR060---52 CAP**6021A**58PH*090---16 56,000 11.0 13.2 3465068 38HDR060---52 CAP**6021A**58PH*110---20 56,000 11.0 13.5 3465065 38HDR060---52 CAP**6021A**+TDR 57,000 11.0 13.0346507138HDR060---52 CAP**6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465072 38HDR060---52 CAP**6024A**58CV(A,X)155---22 56,000 11.0 13.5 3465074 38HDR060---52 CAP**6024A**58MEB120---20 56,000 11.0 13.5 3465073 38HDR060---52 CAP**6024A**58PH*135---20 56,000 11.0 13.5346507038HDR060---52 CAP**6024A**+TDR 57,000 11.0 13.0 3465080 38HDR060---52 CNPH*6024A**58CV(A,X)110---20 56,000 11.0 13.2 3465081 38HDR060---52 CNPH*6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465082 38HDR060---52 CNPH*6024A**58CV(A,X)155---22 56,000 11.0 13.5346508638HDR060---52 CNPH*6024A**58MEB080---16 56,000 11.0 13.2 3465087 38HDR060---52 CNPH*6024A**58MEB100---20 56,000 11.0 13.5 3465088 38HDR060---52 CNPH*6024A**58MEB120---20 56,000 11.0 13.5 3465083 38HDR060---52 CNPH*6024A**58PH*090---16 56,000 11.0 13.2346508438HDR060---52 CNPH*6024A**58PH*110---20 56,000 11.0 13.5 3465085 38HDR060---52 CNPH*6024A**58PH*135---20 56,000 11.0 13.5 3465079 38HDR060---52 CNPH*6024A**+TDR 57,000 11.0 13.0 3465075 38HDR060---52 CNPV*6024A**58CV(A,X)135---22 56,000 11.0 13.5346507638HDR060---52 CNPV*6024A**58CV(A,X)155---22 56,000 11.0 13.5346507838HDR060---52 CNPV*6024A**58MEB120---20 56,000 11.0 13.5 3465077 38HDR060---52 CNPV*6024A**58PH*135---20 56,000 11.0 13.5 3465091 38HDR060---52 CSPH*6012A**58CV(A,X)110---20 56,000 11.0 13.5 3465092 38HDR060---52 CSPH*6012A**58CV(A,X)135---22 56,000 11.0 13.5346509338HDR060---52 CSPH*6012A**58CV(A,X)155---22 56,000 11.0 13.5 3465097 38HDR060---52 CSPH*6012A**58MEB080---16 56,000 11.0 13.2 3465098 38HDR060---52 CSPH*6012A**58MEB100---20 56,000 11.0 13.5 3465099 38HDR060---52 CSPH*6012A**58MEB120---20 56,000 11.0 13.5346509038HDR060---52 CSPH*6012A**58MV(B,C)120---20 56,000 11.0 13.2 3465094 38HDR060---52 CSPH*6012A**58PH*090---16 56,000 11.0 13.5 3465095 38HDR060---52 CSPH*6012A**58PH*110---20 56,000 11.0 13.5 3465096 38HDR060---52 CSPH*6012A**58PH*135---20 56,000 11.0 13.5346508938HDR060---52 CSPH*6012A**+TDR 57,000 11.0 13.0 3465102 38HDR060---52 FE4ANB006+UI 57,500 11.0 13.5 3465103 38HDR060---52 FV4BNB006 57,500 11.0 13.5 3465101 38HDR060---52 FX4CN(B,F)060 57,500 11.0 13.5346510038HDR060---52 FY4ANB060 57,000 11.0 13.0 3465104 38HDR060---62 †CNPV*6024A**+TDR 57,000 11.0 13.0 3465812 38HDR060---62 40QAC060---3 56,000 11.0 13.0346510638HDR060---62 CAP**6021A**58CV(A,X)110---20 56,000 11.0 13.2 3465109 38HDR060---62 CAP**6021A**58MEB100---20 56,000 11.0 13.5 See notes on page 26 38 H D R 26 COMBINATION RATINGS (CONT.) ARI Ref. No.Model Number Indoor Model Furnace Model Capacity EER SEER 3465107 38HDR060---62 CAP**6021A**58PH*090---16 56,000 11.0 13.2 3465108 38HDR060---62 CAP**6021A**58PH*110---20 56,000 11.0 13.5346510538HDR060---62 CAP**6021A**+TDR 57,000 11.0 13.0 3465111 38HDR060---62 CAP**6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465112 38HDR060---62 CAP**6024A**58CV(A,X)155---22 56,000 11.0 13.5 3465114 38HDR060---62 CAP**6024A**58MEB120---20 56,000 11.0 13.5346511338HDR060---62 CAP**6024A**58PH*135---20 56,000 11.0 13.5346511038HDR060---62 CAP**6024A**+TDR 57,000 11.0 13.0 3465120 38HDR060---62 CNPH*6024A**58CV(A,X)110---20 56,000 11.0 13.2 3465121 38HDR060---62 CNPH*6024A**58CV(A,X)135---22 56,000 11.0 13.5 3465122 38HDR060---62 CNPH*6024A**58CV(A,X)155---22 56,000 11.0 13.5346512638HDR060---62 CNPH*6024A**58MEB080---16 56,000 11.0 13.2 3465127 38HDR060---62 CNPH*6024A**58MEB100---20 56,000 11.0 13.5 3465128 38HDR060---62 CNPH*6024A**58MEB120---20 56,000 11.0 13.5 3465123 38HDR060---62 CNPH*6024A**58PH*090---16 56,000 11.0 13.2346512438HDR060---62 CNPH*6024A**58PH*110---20 56,000 11.0 13.5 3465125 38HDR060---62 CNPH*6024A**58PH*135---20 56,000 11.0 13.5 3465119 38HDR060---62 CNPH*6024A**+TDR 57,000 11.0 13.0 3465115 38HDR060---62 CNPV*6024A**58CV(A,X)135---22 56,000 11.0 13.5346511638HDR060---62 CNPV*6024A**58CV(A,X)155---22 56,000 11.0 13.5 3465118 38HDR060---62 CNPV*6024A**58MEB120---20 56,000 11.0 13.5 3465117 38HDR060---62 CNPV*6024A**58PH*135---20 56,000 11.0 13.5 3465131 38HDR060---62 CSPH*6012A**58CV(A,X)110---20 56,000 11.0 13.5346513238HDR060---62 CSPH*6012A**58CV(A,X)135---22 56,000 11.0 13.5 3465133 38HDR060---62 CSPH*6012A**58CV(A,X)155---22 56,000 11.0 13.5 3465137 38HDR060---62 CSPH*6012A**58MEB080---16 56,000 11.0 13.2 3465138 38HDR060---62 CSPH*6012A**58MEB100---20 56,000 11.0 13.5346513938HDR060---62 CSPH*6012A**58MEB120---20 56,000 11.0 13.5 3465130 38HDR060---62 CSPH*6012A**58MV(B,C)120---20 56,000 11.0 13.2 3465134 38HDR060---62 CSPH*6012A**58PH*090---16 56,000 11.0 13.5 3465135 38HDR060---62 CSPH*6012A**58PH*110---20 56,000 11.0 13.5346513638HDR060---62 CSPH*6012A**58PH*135---20 56,000 11.0 13.5346512938HDR060---62 CSPH*6012A**+TDR 57,000 11.0 13.0 3465142 38HDR060---62 FE4ANB006+UI 57,500 11.0 13.5 3465143 38HDR060---62 FV4BNB006 57,500 11.0 13.5 3465141 38HDR060---62 FX4CN(B,F)060 57,500 11.0 13.5346514038HDR060---62 FY4ANB060 57,000 11.0 13.0 {Tested combination EER — Energy Efficiency Ratio SEER — Seasonal Energy Efficiency Ratio TDR —Time---Delay Relay. In most cases, only 1 method should be used to achieve TDR function. Using more than 1 method in a system may causedegradation in performance. Use either the accessory Time---Delay Relay KAATD0101TDR or a furnace equipped with TDR. Most Carrier furnaces areequipped with TDR. TXV — Thermostatic Expansion Valve NOTES: 1. Ratings are net values reflecting the effects of circulating fan motor heat. Supplemental electric heat is not included. 2. Tested outdoor/indoor combinations have been tested in accordance with DOE test procedures for central air conditioners. Ratings for othercombinations are determined under DOE computer simulation procedures. 3. Determine actual CFM values obtainable for your system by referring to fan performance data in fan coil or furnace coil literature. 4. Do not apply with capillary tube coils as performance and reliability are significantly affected. 38 H D R 27 DETAILED COOLING CAPACITIES* EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR018 Outdoor Section With CNPV*1814A** Indoor Section 525 72 (22.2)20.28 9.40 1.22 19.31 9.07 1.36 18.30 8.73 1.52 17.26 8.38 1.69 16.14 8.01 1.87 14.90 7.61 2.07 67(19.4)18.53 11.50 1.22 17.65 11.17 1.36 16.72 10.82 1.52 15.76 10.47 1.69 14.72 10.09 1.87 13.59 9.69 2.0762 (16.7)16.93 13.58 1.23 16.13 13.24 1.37 15.29 12.89 1.52 14.43 12.52 1.69 13.57 13.57 1.87 12.71 12.71 2.07 57 (13.9)16.35 16.35 1.23 15.72 15.72 1.37 15.05 15.05 1.52 14.34 14.34 1.69 13.57 13.57 1.87 12.71 12.71 2.07 600 72(22.2)20.65 9.87 1.25 19.63 9.53 1.39 18.59 9.18 1.54 17.50 8.83 1.71 16.34 8.46 1.90 15.05 8.05 2.1067(19.4)18.90 12.25 1.25 17.97 11.91 1.39 17.00 11.56 1.55 16.00 11.20 1.72 14.93 10.82 1.90 13.75 10.41 2.10 62 (16.7)17.33 14.61 1.25 16.51 14.26 1.39 15.67 15.61 1.55 14.91 14.91 1.72 14.08 14.08 1.90 13.16 13.16 2.10 57 (13.9)17.07 17.07 1.25 16.39 16.39 1.39 15.67 15.67 1.55 14.91 14.91 1.72 14.08 14.08 1.90 13.16 13.16 2.10 675 72 (22.2)20.91 10.30 1.27 19.86 9.96 1.41 18.78 9.61 1.57 17.67 9.26 1.74 16.47 8.88 1.93 15.15 8.46 2.1367 (19.4)19.16 12.97 1.27 18.20 12.62 1.42 17.20 12.27 1.57 16.18 11.90 1.74 15.07 11.52 1.93 13.87 11.09 2.13 62 (16.7)17.70 17.52 1.28 16.94 16.94 1.42 16.17 16.17 1.57 15.37 15.37 1.74 14.49 14.49 1.93 13.52 13.52 2.13 57(13.9)17.67 17.67 1.28 16.94 16.94 1.42 16.17 16.17 1.57 15.37 15.37 1.74 14.49 14.49 1.93 13.52 13.52 2.13 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*1814A**1.00 1.00 40QAC(Q)024---3 1.06 1.01CAP**1814A**1.00 1.01 CAP**2414A**1.02 1.02 CAP**2417A**1.02 1.02 CNPF*2418A**1.02 1.02 CNPH*2417A**1.02 1.02CNPV*2414A**1.02 1.02 CNPV*2417A**1.02 1.02 CSPH*2412A**1.02 1.02 FE4ANF002 1.02 0.98 FF1ENP018 1.00 1.05FF1ENP0241.02 1.07 FV4BNF002 1.02 0.99 FX4CNF018 1.00 0.96 FX4CNF024 1.02 0.98 FY4ANF018 1.00 1.05FY4ANF0241.02 1.07 CAP**1814A**1.00 0.96 58CV(A,X)070---12 CAP**2414A**1.02 0.98 58CV(A,X)070---12 CNPH*2417A**1.02 0.98 58CV(A,X)070---12 CNPV*1814A**0.10 0.10 58CV(A,X)070---12CNPV*2414A**1.02 0.98 58CV(A,X)070---12 CSPH*2412A**1.02 0.98 58CV(A,X)070---12 CAP**2417A**1.02 0.98 58CV(A,X)090---16 CNPH*2417A**1.02 0.98 58CV(A,X)090---16 CNPV*2417A**1.02 0.98 58CV(A,X)090---16CSPH*2412A**1.02 0.98 58CV(A,X)090---16 CAP**2417A**1.02 0.94 58MEB040---12 CNPH*2417A**1.02 0.94 58MEB040---12 CNPV*2417A**1.02 0.94 58MEB040---12 CSPH*2412A**1.02 0.94 58MEB040---12CAP**2417A**1.02 0.94 58MEB060---12 CNPH*2417A**1.02 0.94 58MEB060---12 CNPV*2417A**1.02 0.94 58MEB060---12 CSPH*2412A**1.02 0.94 58MEB060---12 CAP**2417A**1.02 0.98 58MV(B,C)060---14CNPH*2417A**1.02 0.98 58MV(B,C)060---14 CNPV*2417A**1.02 0.98 58MV(B,C)060---14 CSPH*2412A**1.02 0.98 58MV(B,C)060---14 CNPH*2417A**1.02 0.98 58MV(B,C)080---14 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CSPH*2412A**1.02 0.98 58MV(B,C)080---14 CNPH*2417A**1.02 0.98 58MVB040---14CSPH*2412A**1.02 0.98 58MVB040---14 CAP**1814A**0.10 0.10 58PH*045---08 CAP**2414A**1.02 0.94 58PH*045---08 CNPH*2417A**1.02 0.94 58PH*045---08 CNPV*1814A**1.00 0.96 58PH*045---08CNPV*2414A**1.02 0.94 58PH*045---08 CSPH*2412A**1.02 0.94 58PH*045---08See notes on pg. 34 38HDR 28 DETAILED COOLING CAPACITIES* (CONT.) EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR024 Outdoor Section With CNPV*2414A** Indoor Section 700 72 (22.2)28.11 13.59 1.69 26.70 13.09 1.89 25.17 12.55 2.10 23.54 11.98 2.33 21.76 11.38 2.58 19.78 10.71 2.84 67(19.4)25.68 16.61 1.68 24.41 16.11 1.87 23.04 15.58 2.09 21.58 15.02 2.32 19.98 14.42 2.57 18.21 13.77 2.8362 (16.7)23.47 19.61 1.67 22.34 19.11 1.86 21.13 18.58 2.08 19.86 18.01 2.31 18.57 18.57 2.55 17.23 17.23 2.82 57 (13.9)22.67 22.67 1.67 21.77 21.77 1.86 20.81 20.81 2.07 19.75 19.75 2.31 18.57 18.57 2.55 17.23 17.23 2.82 800 72(22.2)28.62 14.25 1.73 27.14 13.73 1.93 25.53 13.18 2.14 23.83 12.61 2.37 21.98 11.99 2.62 19.92 11.32 2.8867(19.4)26.18 17.67 1.72 24.84 17.16 1.91 23.40 16.61 2.13 21.88 16.05 2.36 20.22 15.43 2.61 18.38 14.76 2.87 62 (16.7)24.02 21.07 1.71 22.85 20.54 1.90 21.63 21.51 2.12 20.48 20.48 2.35 19.20 19.20 2.60 17.75 17.75 2.86 57 (13.9)23.64 23.64 1.71 22.68 22.68 1.90 21.62 21.62 2.12 20.48 20.48 2.35 19.20 19.20 2.60 17.75 17.75 2.86 900 72 (22.2)28.99 14.87 1.77 27.45 14.34 1.96 25.78 13.78 2.18 24.03 13.20 2.41 22.12 12.57 2.66 20.00 11.89 2.9267 (19.4)26.54 18.68 1.76 25.15 18.16 1.95 23.66 17.61 2.17 22.09 17.03 2.40 20.38 16.40 2.65 18.50 15.71 2.91 62 (16.7)24.51 22.41 1.75 23.41 23.41 1.94 22.28 22.28 2.16 21.06 21.06 2.39 19.70 19.70 2.64 18.15 18.15 2.91 57(13.9)24.45 24.45 1.75 23.41 23.41 1.94 22.28 22.28 2.16 21.06 21.06 2.39 19.70 19.70 2.64 18.15 18.15 2.91 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*2414A**1.00 1.00 40QAC024---3 0.97 0.93CAP**2414A**1.00 1.00 CAP**2417A**1.00 1.00 CAP**3014A**1.01 1.01 CAP**3017A**1.01 1.01CNPF*2418A**1.00 1.00 CNPH*2417A**1.00 1.00 CNPH*3017A**1.01 1.01 CNPV*2417A**1.00 1.00 CNPV*3014A**1.01 1.01 CNPV*3017A**1.01 1.01CSPH*2412A**1.00 1.00 CSPH*3012A**1.01 1.01 FE4AN(B,F)003 1.02 0.93 FE4ANF002 1.01 0.92FE5ANB0041.03 0.94 FF1ENP024 0.97 0.97 FF1ENP025 1.00 0.96 FF1ENP030 0.98 0.98 FF1ENP031 1.01 0.96 FF1ENP037 1.02 0.97FV4BN(B,F)003 1.02 0.93 FV4BNF002 1.01 0.92 FV4CN(B,F)003 1.02 0.93 FV4CNF002 1.01 0.92FX4CNF0241.00 0.96 FX4CNF030 1.02 0.97 FY4ANF024 0.99 0.99 FY4ANF030 1.01 1.01 CAP**2414A**1.00 0.96 58CV(A,X)070---12 CAP**3014A**1.00 0.96 58CV(A,X)070---12CNPH*2417A**1.00 0.96 58CV(A,X)070---12 CNPH*3017A**1.00 0.96 58CV(A,X)070---12 CNPV*2414A**1.00 0.96 58CV(A,X)070---12 CNPV*3014A**1.00 0.96 58CV(A,X)070---12CSPH*2412A**1.00 0.96 58CV(A,X)070---12 CSPH*3012A**1.01 0.96 58CV(A,X)070---12 CAP**2417A**1.00 0.96 58CV(A,X)090---16 CAP**3017A**1.01 0.96 58CV(A,X)090---16 CNPH*2417A**1.00 0.96 58CV(A,X)090---16 CNPH*3017A**1.01 0.96 58CV(A,X)090---16 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPV*2417A**1.00 0.96 58CV(A,X)090---16 CNPV*3017A**1.01 0.96 58CV(A,X)090---16CSPH*2412A**1.00 0.96 58CV(A,X)090---16 CSPH*3012A**1.01 0.96 58CV(A,X)090---16 CNPH*2417A**1.00 0.96 58CV(A,X)110---20 CNPH*3017A**1.01 0.96 58CV(A,X)110---20CSPH*2412A**1.00 0.96 58CV(A,X)110---20 CSPH*3012A**1.01 0.96 58CV(A,X)110---20 CNPH*2417A**1.00 0.96 58CV(A,X)135---22 CNPH*3017A**1.01 0.96 58CV(A,X)135---22 CSPH*2412A**1.00 0.96 58CV(A,X)135---22 CSPH*3012A**1.01 0.96 58CV(A,X)135---22CNPH*2417A**1.00 0.96 58CV(A,X)155---22 CNPH*3017A**1.01 0.96 58CV(A,X)155---22 CSPH*2412A**1.00 0.96 58CV(A,X)155---22 CSPH*3012A**1.01 0.96 58CV(A,X)155---22CAP**2417A**1.00 0.92 58MEB040---12 CAP**3017A**1.01 0.92 58MEB040---12 CNPH*2417A**1.00 0.92 58MEB040---12 CNPH*3017A**1.01 0.92 58MEB040---12 CNPV*2417A**1.00 0.92 58MEB040---12 CNPV*3017A**1.01 0.92 58MEB040---12CSPH*2412A**1.00 0.92 58MEB040---12 CSPH*3012A**1.01 0.92 58MEB040---12 CAP**2417A**1.00 0.92 58MEB060---12 CAP**3017A**1.01 0.92 58MEB060---12CNPH*2417A**1.00 0.92 58MEB060---12 CNPH*3017A**1.01 0.92 58MEB060---12 CNPV*2417A**1.00 0.92 58MEB060---12 CNPV*3017A**1.01 0.92 58MEB060---12 CSPH*2412A**1.00 0.92 58MEB060---12 CSPH*3012A**1.01 0.92 58MEB060---12CAP**2417A**1.00 0.92 58MEB080---12 CAP**3017A**1.01 0.92 58MEB080---12 CNPH*2417A**1.00 0.92 58MEB080---12 CNPH*3017A**1.01 0.92 58MEB080---12CNPV*2417A**1.00 0.92 58MEB080---12 CNPV*3017A**1.01 0.92 58MEB080---12 CSPH*2412A**1.00 0.92 58MEB080---12 CSPH*3012A**1.01 0.92 58MEB080---12 CAP**2417A**1.00 0.96 58MV(B,C)060---14 CAP**3017A**1.01 0.96 58MV(B,C)060---14 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPH*2417A**1.00 0.96 58MV(B,C)060---14 CNPH*3017A**1.01 0.96 58MV(B,C)060---14CNPV*2417A**1.00 0.96 58MV(B,C)060---14 CNPV*3017A**1.01 0.96 58MV(B,C)060---14 CSPH*2412A**1.00 0.96 58MV(B,C)060---14 CSPH*3012A**1.01 0.96 58MV(B,C)060---14CNPH*2417A**1.00 0.96 58MV(B,C)080---14 CNPH*3017A**1.00 0.96 58MV(B,C)080---14 CSPH*2412A**1.00 0.96 58MV(B,C)080---14 CSPH*3012A**1.01 0.96 58MV(B,C)080---14 CNPH*2417A**0.99 0.95 58MV(B,C)080---20 CNPH*3017A**1.00 0.96 58MV(B,C)080---20CSPH*2412A**1.00 0.96 58MV(B,C)080---20 CSPH*3012A**1.00 0.96 58MV(B,C)080---20 CNPH*2417A**1.00 0.96 58MV(B,C)100---20 CNPH*3017A**1.01 0.96 58MV(B,C)100---20CSPH*2412A**1.00 0.96 58MV(B,C)100---20 CSPH*3012A**1.01 0.96 58MV(B,C)100---20 CNPH*2417A**1.00 0.96 58MV(B,C)120---20 CNPH*3017A**1.01 0.96 58MV(B,C)120---20 CSPH*2412A**1.00 0.96 58MV(B,C)120---20 CSPH*3012A**1.01 0.96 58MV(B,C)120---20CNPH*2417A**1.00 0.96 58MVB040---14 CNPH*3017A**1.01 0.96 58MVB040---14 CSPH*2412A**1.00 0.96 58MVB040---14 CSPH*3012A**1.01 0.96 58MVB040---14CAP**2414A**1.00 0.96 58PH*045---08 CAP**3014A**1.01 0.92 58PH*045---08 CNPH*2417A**1.00 0.96 58PH*045---08 CNPH*3017A**1.01 0.92 58PH*045---08 CNPV*2414A**1.00 0.96 58PH*045---08 CNPV*3014A**1.01 0.96 58PH*045---08CSPH*2412A**1.00 0.96 58PH*045---08 CSPH*3012A**1.01 0.92 58PH*045---08See notes on pg. 34 38HDR 29 DETAILED COOLING CAPACITIES* (CONT.) EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR030 Outdoor Section With CNPV*3014A** Indoor Section 875 72 (22.2)33.74 16.03 2.06 32.29 15.52 2.29 30.76 14.99 2.54 29.12 14.43 2.81 27.36 13.84 3.11 25.42 13.19 3.44 67(19.4)30.65 19.58 2.06 29.32 19.06 2.29 27.90 18.51 2.54 26.39 17.94 2.81 24.76 17.34 3.11 22.97 16.69 3.4362 (16.7)28.07 23.01 2.07 26.73 22.59 2.29 25.47 22.03 2.54 24.10 21.45 2.81 22.76 22.72 3.11 21.45 21.45 3.43 57 (13.9)27.14 27.14 2.07 26.16 26.16 2.29 25.11 25.11 2.53 24.01 24.01 2.80 22.78 22.78 3.11 21.43 21.43 3.43 1000 72(22.2)34.29 16.79 2.11 32.87 16.29 2.34 31.28 15.69 2.58 29.58 15.18 2.86 27.57 14.54 3.17 25.64 13.91 3.4967(19.4)31.27 20.81 2.11 29.84 20.29 2.34 28.40 19.75 2.58 26.82 19.17 2.86 24.99 18.52 3.16 23.21 17.87 3.49 62 (16.7)28.72 24.92 2.11 27.38 24.26 2.34 26.11 26.11 2.58 24.94 24.94 2.85 23.54 23.54 3.16 22.22 22.22 3.48 57 (13.9)28.28 28.28 2.11 27.23 27.23 2.34 26.13 26.13 2.58 24.94 24.94 2.85 23.54 23.54 3.16 22.22 22.22 3.48 1125 72 (22.2)34.76 17.52 2.16 33.30 17.00 2.39 31.65 16.46 2.63 29.90 15.89 2.91 28.03 15.27 3.21 25.95 14.60 3.5367 (19.4)31.86 21.48 2.16 30.25 21.46 2.38 28.76 20.92 2.63 27.14 20.32 2.90 25.39 19.69 3.21 23.44 18.98 3.54 62 (16.7)29.27 29.04 2.16 28.12 28.12 2.38 26.98 26.98 2.63 25.71 25.71 2.90 24.35 24.35 3.20 22.84 22.84 3.53 57(13.9)29.23 29.23 2.16 28.13 28.13 2.38 26.99 26.99 2.63 25.71 25.71 2.90 24.23 24.23 3.21 22.85 22.85 3.53 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*3014A**1.00 1.00 CAP**3014A**1.00 1.00CAP**3017A**1.00 1.00 CAP**3614A**1.02 1.02 CAP**3617A**1.02 1.02 CAP**3621A**1.02 1.02CNPF*3618A**1.02 1.02 CNPH*3017A**1.00 1.00 CNPH*3617A**1.02 1.02 CNPV*3017A**1.00 1.00 CNPV*3617A**1.02 1.02 CNPV*3621A**1.02 1.02CSPH*3012A**1.00 1.00 CSPH*3612A**1.02 1.02 40QAC(Q)036---3 1.04 1.06 FE4AN(B,F)003 1.02 0.98FE4AN(B,F)005 1.04 0.91 FE4ANF002 1.02 0.98 FE5ANB004 1.00 0.88 FF1ENP030 1.00 1.00 FF1ENP036 1.02 1.02 FV4BN(B,F)003 1.03 0.98FV4BN(B,F)005 1.04 0.99 FV4BNF002 1.02 0.98 FX4CN(B,F)036 1.02 0.98 FX4CNF030 1.00 0.96FY4ANF0301.00 1.00 FY4ANF036 1.02 1.02 CAP**3014A**1.00 0.96 58CV(A,X)070---12 CAP**3614A**1.02 0.98 58CV(A,X)070---12 CNPH*3017A**1.00 0.96 58CV(A,X)070---12 CNPH*3617A**1.02 0.98 58CV(A,X)070---12CNPV*3014A**1.02 0.98 58CV(A,X)070---12 CSPH*3012A**1.00 0.96 58CV(A,X)070---12 CSPH*3612A**1.02 0.98 58CV(A,X)070---12 CAP**3017A**1.00 0.96 58CV(A,X)090---16CAP**3617A**1.02 0.98 58CV(A,X)090---16 CNPH*3017A**1.00 0.96 58CV(A,X)090---16 CNPH*3617A**1.02 0.98 58CV(A,X)090---16 CNPV*3017A**1.00 0.96 58CV(A,X)090---16 CNPV*3617A**1.02 0.98 58CV(A,X)090---16 CSPH*3012A**1.00 0.96 58CV(A,X)090---16 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CSPH*3612A**1.02 0.98 58CV(A,X)090---16 CAP**3621A**1.02 0.98 58CV(A,X)110---20CNPH*3017A**1.00 0.96 58CV(A,X)110---20 CNPH*3617A**1.02 0.98 58CV(A,X)110---20 CNPV*3621A**1.02 0.98 58CV(A,X)110---20 CSPH*3012A**1.00 0.96 58CV(A,X)110---20CSPH*3612A**1.02 0.98 58CV(A,X)110---20 CNPH*3017A**1.00 0.96 58CV(A,X)135---22 CNPH*3617A**1.02 0.98 58CV(A,X)135---22 CSPH*3012A**1.00 0.96 58CV(A,X)135---22 CSPH*3612A**1.02 0.98 58CV(A,X)135---22 CNPH*3017A**1.00 0.96 58CV(A,X)155---22CNPH*3617A**1.02 0.98 58CV(A,X)155---22 CSPH*3012A**1.00 0.96 58CV(A,X)155---22 CSPH*3612A**1.02 0.98 58CV(A,X)155---22 CAP**3017A**1.00 0.92 58MEB040---12CAP**3617A**1.02 0.94 58MEB040---12 CNPH*3017A**1.00 0.92 58MEB040---12 CNPH*3617A**1.02 0.94 58MEB040---12 CNPV*3017A**1.00 0.92 58MEB040---12 CNPV*3617A**1.02 0.94 58MEB040---12 CSPH*3012A**1.00 0.92 58MEB040---12CSPH*3612A**1.02 0.94 58MEB040---12 CAP**3017A**1.00 0.92 58MEB060---12 CAP**3617A**1.02 0.94 58MEB060---12 CNPH*3017A**1.00 0.92 58MEB060---12CNPH*3617A**1.02 0.94 58MEB060---12 CNPV*3017A**1.00 0.92 58MEB060---12 CNPV*3617A**1.02 0.94 58MEB060---12 CSPH*3012A**1.00 0.92 58MEB060---12 CSPH*3612A**1.02 0.94 58MEB060---12 CAP**3017A**1.00 0.92 58MEB080---12CAP**3617A**1.02 0.94 58MEB080---12 CNPH*3017A**1.00 0.92 58MEB080---12 CNPH*3617A**1.02 0.94 58MEB080---12 CNPV*3017A**1.00 0.92 58MEB080---12CNPV*3617A**1.02 0.94 58MEB080---12 CSPH*3012A**1.00 0.92 58MEB080---12 CSPH*3612A**1.02 0.94 58MEB080---12 CAP**3017A**1.00 0.92 58MEB080---16 CAP**3617A**1.02 0.94 58MEB080---16 CNPH*3017A**1.00 0.92 58MEB080---16 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPH*3617A**1.02 0.94 58MEB080---16 CNPV*3017A**1.00 0.92 58MEB080---16CNPV*3617A**1.02 0.94 58MEB080---16 CSPH*3012A**1.00 0.92 58MEB080---16 CSPH*3612A**1.02 0.94 58MEB080---16 CAP**3017A**1.00 0.96 58MV(B,C)060---14CAP**3617A**1.02 0.98 58MV(B,C)060---14 CNPH*3017A**1.00 0.96 58MV(B,C)060---14 CNPH*3617A**1.02 0.98 58MV(B,C)060---14 CNPV*3017A**1.00 0.96 58MV(B,C)060---14 CNPV*3617A**1.02 0.98 58MV(B,C)060---14 CSPH*3012A**1.00 0.96 58MV(B,C)060---14CSPH*3612A**1.02 0.98 58MV(B,C)060---14 CAP**3621A**1.02 0.98 58MV(B,C)080---14 CNPH*3017A**1.00 0.96 58MV(B,C)080---14 CNPH*3617A**1.02 0.98 58MV(B,C)080---14CNPV*3621A**1.02 0.98 58MV(B,C)080---14 CSPH*3012A**1.00 0.96 58MV(B,C)080---14 CSPH*3612A**1.02 0.98 58MV(B,C)080---14 CAP**3621A**1.02 0.98 58MV(B,C)080---20 CNPH*3017A**1.00 0.96 58MV(B,C)080---20 CNPH*3617A**1.02 0.98 58MV(B,C)080---20CNPV*3621A**1.02 0.98 58MV(B,C)080---20 CSPH*3012A**1.00 0.96 58MV(B,C)080---20 CSPH*3612A**1.02 0.98 58MV(B,C)080---20 CAP**3621A**1.02 0.98 58MV(B,C)100---20CNPH*3017A**1.00 0.96 58MV(B,C)100---20 CNPH*3617A**1.02 0.98 58MV(B,C)100---20 CNPV*3621A**1.02 0.98 58MV(B,C)100---20 CSPH*3012A**1.00 0.96 58MV(B,C)100---20 CSPH*3612A**1.02 0.98 58MV(B,C)100---20 CNPH*3017A**1.00 0.96 58MV(B,C)120---20CNPH*3617A**1.02 0.98 58MV(B,C)120---20 CSPH*3012A**1.00 0.96 58MV(B,C)120---20 CSPH*3612A**1.02 0.98 58MV(B,C)120---20 CNPH*3617A**1.02 0.98 58MVB040---14CSPH*3012A**1.00 0.96 58MVB040---14 CSPH*3612A**1.02 0.98 58MVB040---14 CAP**3017A**1.00 0.96 58PH*070---16 CAP**3617A**1.02 0.94 58PH*070---16 CNPH*3017A**1.00 0.96 58PH*070---16 CNPH*3617A**1.02 0.94 58PH*070---16 38HDR 30 DETAILED COOLING CAPACITIES* (CONT.) 38HDR030 Outdoor Section With CNPV*3014A** Indoor Section COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPV*3017A**1.00 0.96 58PH*070---16 CNPV*3617A**1.02 0.94 58PH*070---16 CSPH*3012A**1.00 0.96 58PH*070---16 CSPH*3612A**1.02 0.94 58PH*070---16CAP**3621A**1.02 0.94 58PH*090---16 CNPH*3017A**1.00 0.96 58PH*090---16 CNPH*3617A**1.02 0.94 58PH*090---16 CNPV*3621A**1.02 0.94 58PH*090---16CSPH*3012A**1.00 0.96 58PH*090---16 CSPH*3612A**1.02 0.94 58PH*090---16See notes on pg. 34 38HDR 31 DETAILED COOLING CAPACITIES* (CONT.) EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR036 Outdoor Section With CNPV*4221A** Indoor Section 1050 72 (22.2)39.85 18.85 2.42 38.03 18.23 2.68 36.08 17.58 2.98 33.99 16.89 3.30 31.72 16.14 3.65 29.20 15.33 4.03 67(19.4)36.33 23.19 2.42 34.67 22.57 2.68 32.91 21.91 2.98 31.02 21.23 3.30 28.99 20.49 3.65 26.73 19.69 4.0462 (16.7)33.23 27.51 2.42 31.75 26.88 2.68 30.20 26.20 2.98 28.60 28.45 3.30 27.06 27.06 3.65 25.34 25.34 4.03 57 (13.9)32.46 32.46 2.42 31.26 31.26 2.68 29.98 29.98 2.98 28.59 28.59 3.30 27.06 27.06 3.65 25.34 25.34 4.03 1200 72(22.2)40.51 19.77 2.48 38.61 19.14 2.74 36.57 18.47 3.04 34.40 17.77 3.36 32.04 17.01 3.71 29.42 16.18 4.0967(19.4)36.97 24.67 2.48 35.23 24.04 2.74 33.40 23.38 3.04 31.45 22.68 3.36 29.33 21.93 3.71 27.00 21.10 4.09 62 (16.7)34.01 29.52 2.48 32.53 32.23 2.74 31.11 31.11 3.04 29.61 29.61 3.36 27.97 27.97 3.71 26.12 26.12 4.09 57 (13.9)33.78 33.78 2.48 32.49 32.49 2.74 31.11 31.11 3.04 29.62 29.62 3.36 27.97 27.97 3.71 26.12 26.12 4.09 1350 72 (22.2)40.99 20.64 2.54 39.02 19.99 2.80 36.91 19.31 3.09 34.67 18.60 3.42 32.24 17.83 3.77 29.54 16.99 4.1567 (19.4)37.43 26.09 2.54 35.65 25.45 2.80 33.76 24.78 3.10 31.75 24.06 3.42 29.58 23.29 3.77 27.20 22.42 4.15 62 (16.7)34.86 34.86 2.54 33.49 33.49 2.80 32.02 32.02 3.10 30.44 30.44 3.42 28.70 28.70 3.77 26.73 26.73 4.15 57(13.9)34.86 34.86 2.54 33.49 33.49 2.80 32.03 32.03 3.10 30.44 30.44 3.42 28.70 28.70 3.77 26.73 26.73 4.15 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*4221A**1.00 1.00 40QAC(Q)036---3 0.96 0.92CAP**3614A**0.98 0.98 CAP**3617A**0.99 0.99 CAP**3621A**0.99 0.99 CAP**4221A**1.00 1.00CAP**4224A**1.00 1.00 CNPF*3618A**0.99 0.99 CNPH*3617A**0.99 0.99 CNPH*4221A**1.00 1.00 CNPV*3617A**0.99 0.99 CNPV*3621A**0.99 0.99CNPV*4217A**0.99 0.99 CSPH*3612A**0.99 0.99 CSPH*4212A**1.00 1.00 FE4AN(B,F)003 0.99 0.95FE4AN(B,F)005 1.00 0.88 FE4ANB006 1.00 0.88 FE4ANF002 0.99 0.95 FE5ANB004 1.04 0.91 FF1ENP036 0.99 0.99 FV4BN(B,F)003 0.99 0.91FV4BN(B,F)005 1.02 0.93 FV4BNB006 1.00 0.88 FV4BNF002 0.99 0.95 FX4CN(B,F)036 0.99 0.95FX4CN(B,F)042 1.00 0.96 FY4ANF036 0.99 0.99 FY4ANF042 1.00 1.00 CAP**3614A**0.98 0.93 58CV(A,X)070---12 CNPH*3617A**0.99 0.95 58CV(A,X)070---12 CNPH*4221A**1.00 0.96 58CV(A,X)070---12CSPH*3612A**0.99 0.95 58CV(A,X)070---12 CSPH*4212A**1.00 0.96 58CV(A,X)070---12 CAP**3617A**0.99 0.95 58CV(A,X)090---16 CNPH*3617A**0.99 0.95 58CV(A,X)090---16CNPH*4221A**1.00 0.96 58CV(A,X)090---16 CNPV*3617A**0.99 0.95 58CV(A,X)090---16 CNPV*4217A**1.00 0.92 58CV(A,X)090---16 CSPH*3612A**0.99 0.95 58CV(A,X)090---16 CSPH*4212A**1.00 0.96 58CV(A,X)090---16 CAP**3621A**0.99 0.95 58CV(A,X)110---20 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CAP**4221A**1.00 0.96 58CV(A,X)110---20 CNPH*3617A**0.99 0.95 58CV(A,X)110---20CNPH*4221A**1.00 0.96 58CV(A,X)110---20 CNPV*3621A**0.99 0.95 58CV(A,X)110---20 CNPV*4221A**1.00 0.96 58CV(A,X)110---20 CSPH*3612A**0.99 0.95 58CV(A,X)110---20CSPH*4212A**1.00 0.96 58CV(A,X)110---20 CAP**4224A**1.00 0.96 58CV(A,X)135---22 CNPH*3617A**0.99 0.95 58CV(A,X)135---22 CNPH*4221A**1.00 0.96 58CV(A,X)135---22 CSPH*3612A**0.99 0.95 58CV(A,X)135---22 CSPH*4212A**1.00 0.96 58CV(A,X)135---22CAP**4224A**1.00 0.96 58CV(A,X)155---22 CNPH*3617A**0.99 0.95 58CV(A,X)155---22 CNPH*4221A**1.00 0.96 58CV(A,X)155---22 CSPH*3612A**0.99 0.95 58CV(A,X)155---22CSPH*4212A**1.00 0.96 58CV(A,X)155---22 CAP**3617A**0.99 0.91 58MEB040---12 CNPH*3617A**0.99 0.91 58MEB040---12 CNPH*4221A**1.00 0.92 58MEB040---12 CNPV*3617A**0.10 0.09 58MEB040---12 CNPV*4217A**1.00 0.92 58MEB040---12CSPH*3612A**0.99 0.91 58MEB040---12 CSPH*4212A**1.00 0.92 58MEB040---12 CAP**3617A**0.99 0.91 58MEB060---12 CNPH*3617A**0.99 0.91 58MEB060---12CNPH*4221A**1.02 0.93 58MEB060---12 CNPV*3617A**0.99 0.91 58MEB060---12 CNPV*4217A**1.00 0.92 58MEB060---12 CSPH*3612A**0.99 0.91 58MEB060---12 CSPH*4212A**1.00 0.92 58MEB060---12 CAP**3617A**0.99 0.91 58MEB080---12CNPH*3617A**0.99 0.91 58MEB080---12 CNPH*4221A**1.00 0.92 58MEB080---12 CNPV*3617A**0.99 0.91 58MEB080---12 CNPV*4217A**1.00 0.92 58MEB080---12CSPH*3612A**0.99 0.91 58MEB080---12 CSPH*4212A**1.00 0.92 58MEB080---12 CAP**3617A**0.99 0.91 58MEB080---16 CNPH*3617A**0.99 0.91 58MEB080---16 CNPH*4221A**1.00 0.92 58MEB080---16 CNPV*3617A**0.99 0.91 58MEB080---16 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPV*4217A**1.00 0.92 58MEB080---16 CSPH*3612A**0.99 0.91 58MEB080---16CSPH*4212A**1.00 0.92 58MEB080---16 CAP**3621A**0.99 0.91 58MEB100---20 CAP**4221A**1.00 0.92 58MEB100---20 CNPH*3617A**0.99 0.91 58MEB100---20CNPH*4221A**1.00 0.92 58MEB100---20 CNPV*3621A**0.99 0.91 58MEB100---20 CNPV*4221A**1.00 0.92 58MEB100---20 CSPH*3612A**0.99 0.91 58MEB100---20 CSPH*4212A**1.00 0.92 58MEB100---20 CAP**3617A**0.99 0.95 58MV(B,C)060---14CNPH*3617A**0.99 0.95 58MV(B,C)060---14 CNPH*4221A**1.00 0.96 58MV(B,C)060---14 CNPV*3617A**0.99 0.95 58MV(B,C)060---14 CNPV*4217A**1.00 0.92 58MV(B,C)060---14CSPH*3612A**0.99 0.95 58MV(B,C)060---14 CSPH*4212A**1.00 0.96 58MV(B,C)060---14 CAP**3621A**0.99 0.95 58MV(B,C)080---14 CAP**4221A**1.00 0.96 58MV(B,C)080---14 CNPH*3617A**0.99 0.95 58MV(B,C)080---14 CNPH*4221A**1.00 0.96 58MV(B,C)080---14CNPV*3621A**0.99 0.95 58MV(B,C)080---14 CNPV*4221A**1.00 0.96 58MV(B,C)080---14 CSPH*3612A**0.99 0.95 58MV(B,C)080---14 CSPH*4212A**1.00 0.96 58MV(B,C)080---14CAP**3621A**0.99 0.95 58MV(B,C)080---20 CAP**4221A**1.00 0.96 58MV(B,C)080---20 CNPH*3617A**0.99 0.95 58MV(B,C)080---20 CNPH*4221A**1.00 0.96 58MV(B,C)080---20 CNPV*3621A**0.99 0.95 58MV(B,C)080---20 CNPV*4221A**1.00 0.96 58MV(B,C)080---20CSPH*3612A**0.99 0.95 58MV(B,C)080---20 CSPH*4212A**1.00 0.96 58MV(B,C)080---20 CAP**3621A**0.99 0.95 58MV(B,C)100---20 CAP**4221A**1.00 0.96 58MV(B,C)100---20CNPH*3617A**0.99 0.95 58MV(B,C)100---20 CNPH*4221A**1.00 0.96 58MV(B,C)100---20 CNPV*3621A**0.99 0.95 58MV(B,C)100---20 CNPV*4221A**1.00 0.96 58MV(B,C)100---20 CSPH*3612A**0.99 0.95 58MV(B,C)100---20 CSPH*4212A**1.00 0.96 58MV(B,C)100---20 38HDR 32 DETAILED COOLING CAPACITIES* (CONT.) 38HDR036 Outdoor Section With CNPV*4221A** Indoor Section COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CAP**4224A**1.00 0.96 58MV(B,C)120---20 CNPH*3617A**0.99 0.95 58MV(B,C)120---20 CNPH*4221A**1.00 0.96 58MV(B,C)120---20 CSPH*3612A**0.99 0.95 58MV(B,C)120---20CSPH*4212A**1.00 0.96 58MV(B,C)120---20 CAP**4224A**1.00 0.96 58MVB040---14 CNPH*3617A**0.99 0.95 58MVB040---14 CNPH*4221A**1.00 0.96 58MVB040---14CSPH*3612A**0.99 0.95 58MVB040---14 CSPH*4212A**1.00 0.96 58MVB040---14 CAP**3614A**0.99 0.95 58PH*045---08 CNPH*3617A**0.99 0.95 58PH*045---08 CNPH*4221A**1.00 0.96 58PH*045---08 CSPH*3612A**0.99 0.95 58PH*045---08CSPH*4212A**1.00 0.96 58PH*045---08 CAP**3617A**0.99 0.95 58PH*070---16 CNPH*3617A**0.99 0.95 58PH*070---16 CNPH*4221A**1.00 0.96 58PH*070---16CNPV*3617A**0.99 0.95 58PH*070---16 CNPV*4217A**1.00 0.92 58PH*070---16 CSPH*3612A**0.99 0.95 58PH*070---16 CSPH*4212A**1.00 0.96 58PH*070---16 CAP**3621A**0.99 0.91 58PH*090---16 CAP**4221A**1.00 0.92 58PH*090---16CNPH*3617A**0.99 0.91 58PH*090---16 CNPH*4221A**1.00 0.92 58PH*090---16 CNPV*3621A**0.99 0.91 58PH*090---16 CNPV*4221A**1.00 0.92 58PH*090---16CSPH*3612A**0.99 0.91 58PH*090---16 CSPH*4212A**1.00 0.92 58PH*090---16 CAP**3621A**0.99 0.91 58PH*110---20 CAP**4221A**1.02 0.93 58PH*110---20 CNPH*3617A**0.99 0.91 58PH*110---20 CNPH*4221A**1.02 0.93 58PH*110---20CNPV*3621A**0.99 0.91 58PH*110---20 CNPV*4221A**1.00 0.92 58PH*110---20 CSPH*3612A**0.99 0.91 58PH*110---20 CSPH*4212A**1.00 0.92 58PH*110---20See notes on pg. 34 38HDR 33 DETAILED COOLING CAPACITIES* (CONT.) EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR048 Outdoor Section With CNPV*4821A** Indoor Section 1460 72 (22.2)57.22 27.09 3.31 54.16 26.03 3.74 50.83 24.90 4.20 47.23 23.69 4.69 43.24 22.38 5.21 38.87 20.99 5.76 67(19.4)52.21 33.21 3.33 49.49 32.17 3.76 46.57 31.08 4.22 43.40 29.91 4.71 39.95 28.66 5.23 36.03 27.26 5.7762 (16.7)47.74 39.31 3.35 45.37 38.29 3.78 42.88 37.19 4.23 40.25 39.91 4.72 37.64 37.64 5.23 34.63 34.63 5.78 57 (13.9)46.44 46.44 3.36 44.53 44.53 3.78 42.48 42.48 4.23 40.21 40.21 4.72 37.65 37.65 5.23 34.63 34.63 5.78 1650 72(22.2)58.13 28.26 3.37 54.91 27.17 3.81 51.42 26.01 4.27 47.67 24.78 4.76 43.52 23.45 5.28 39.26 22.10 5.8467(19.4)53.07 35.09 3.40 50.21 34.03 3.83 47.16 32.91 4.29 43.87 31.73 4.78 40.28 30.44 5.30 36.23 28.99 5.85 62 (16.7)48.75 41.89 3.42 46.32 40.79 3.85 43.85 43.85 4.30 41.42 41.42 4.79 38.64 38.64 5.31 35.37 35.37 5.85 57 (13.9)48.17 48.17 3.43 46.11 46.11 3.85 43.88 43.88 4.30 41.42 41.42 4.79 38.64 38.64 5.31 35.37 35.37 5.85 1850 72 (22.2)58.83 29.41 3.45 55.48 28.31 3.88 51.86 27.12 4.35 47.97 25.87 4.84 43.73 24.52 5.36 39.89 23.26 5.9267 (19.4)53.74 36.97 3.48 50.78 35.90 3.91 47.62 34.76 4.37 44.22 33.55 4.86 40.51 32.22 5.38 36.39 30.70 5.93 62 (16.7)49.74 44.35 3.50 47.48 47.48 3.92 45.09 45.09 4.38 42.44 42.44 4.87 39.46 39.46 5.38 35.96 35.96 5.93 57(13.9)49.69 49.69 3.50 47.49 47.49 3.92 45.09 45.09 4.38 42.45 42.45 4.87 39.46 39.46 5.38 35.97 35.97 5.93 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*4821A**1.00 1.00 40QAC048---3 0.97 0.93CAP**4817A**0.99 0.99 CAP**4821A**1.00 1.00 CAP**4824A**1.00 1.00 CAP**6021A**1.01 1.01CAP**6024A**1.01 1.01 CNPF*4818A**0.98 0.98 CNPH*4821A**1.00 1.00 CNPH*6024A**1.01 1.01 CNPV*4824A**1.00 1.00 CNPV*6024A**1.01 1.01CSPH*4812A**1.00 1.00 CSPH*6012A**1.01 1.01 FE4AN(B,F)005 1.00 0.96 FE4ANB006 1.01 0.97FV4BN(B,F)005 1.00 0.96 FV4BNB006 1.01 0.97 FX4CN(B,F)048 1.00 0.96 FX4CN(B,F)060 1.01 0.97 FY4ANB060 1.01 1.01 FY4ANF048 1.00 1.00CAP**4817A**0.99 0.95 58CV(A,X)090---16 CNPH*4821A**0.99 0.95 58CV(A,X)090---16 CNPH*6024A**1.00 0.96 58CV(A,X)090---16 CSPH*4812A**0.99 0.95 58CV(A,X)090---16CSPH*6012A**1.00 0.96 58CV(A,X)090---16 CAP**4821A**0.99 0.95 58CV(A,X)110---20 CAP**6021A**1.00 0.96 58CV(A,X)110---20 CNPH*4821A**0.99 0.95 58CV(A,X)110---20 CNPH*6024A**1.00 0.96 58CV(A,X)110---20 CNPV*4821A**0.99 0.95 58CV(A,X)110---20CSPH*4812A**0.99 0.95 58CV(A,X)110---20 CSPH*6012A**1.00 0.96 58CV(A,X)110---20 CAP**4824A**0.99 0.95 58CV(A,X)135---22 CAP**6024A**1.00 0.96 58CV(A,X)135---22CNPH*4821A**0.99 0.95 58CV(A,X)135---22 CNPH*6024A**1.00 0.96 58CV(A,X)135---22 CNPV*4824A**0.99 0.95 58CV(A,X)135---22 CNPV*6024A**1.00 0.96 58CV(A,X)135---22 CSPH*4812A**0.99 0.95 58CV(A,X)135---22 CSPH*6012A**1.00 0.96 58CV(A,X)135---22 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CAP**4824A**0.99 0.95 58CV(A,X)155---22 CAP**6024A**1.00 0.96 58CV(A,X)155---22CNPH*4821A**0.99 0.95 58CV(A,X)155---22 CNPH*6024A**1.00 0.96 58CV(A,X)155---22 CNPV*4824A**0.99 0.95 58CV(A,X)155---22 CNPV*6024A**1.00 0.96 58CV(A,X)155---22CSPH*4812A**0.99 0.95 58CV(A,X)155---22 CSPH*6012A**1.00 0.96 58CV(A,X)155---22 CAP**4817A**0.99 0.95 58MEB080---16 CNPH*4821A**0.99 0.95 58MEB080---16 CNPH*6024A**1.00 0.96 58MEB080---16 CSPH*4812A**0.99 0.95 58MEB080---16CSPH*6012A**1.00 0.92 58MEB080---16 CAP**4821A**0.99 0.95 58MEB100---20 CAP**6021A**1.00 0.92 58MEB100---20 CNPH*4821A**0.99 0.95 58MEB100---20CNPH*6024A**1.00 0.92 58MEB100---20 CNPV*4821A**0.99 0.95 58MEB100---20 CSPH*4812A**0.99 0.95 58MEB100---20 CSPH*6012A**1.00 0.92 58MEB100---20 CAP**4824A**0.99 0.95 58MEB120---20 CAP**6024A**1.00 0.92 58MEB120---20CNPH*4821A**0.99 0.95 58MEB120---20 CNPH*6024A**1.00 0.92 58MEB120---20 CNPV*4824A**0.99 0.95 58MEB120---20 CNPV*6024A**1.00 0.92 58MEB120---20CSPH*4812A**0.99 0.95 58MEB120---20 CSPH*6012A**1.00 0.92 58MEB120---20 CAP**4821A**0.98 0.94 58MV(B,C)080---20 CAP**6021A**1.00 0.96 58MV(B,C)080---20 CNPH*4821A**0.99 0.95 58MV(B,C)080---20 CNPH*6024A**1.00 0.96 58MV(B,C)080---20CNPV*4821A**0.99 0.95 58MV(B,C)080---20 CSPH*4812A**0.99 0.95 58MV(B,C)080---20 CSPH*6012A**1.00 0.96 58MV(B,C)080---20 CAP**4821A**0.99 0.95 58MV(B,C)100---20CAP**6021A**1.00 0.96 58MV(B,C)100---20 CNPH*4821A**0.99 0.95 58MV(B,C)100---20 CNPH*6024A**1.00 0.96 58MV(B,C)100---20 CNPV*4821A**0.99 0.95 58MV(B,C)100---20 CSPH*4812A**0.99 0.95 58MV(B,C)100---20 CSPH*6012A**1.00 0.96 58MV(B,C)100---20 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CAP**4824A**0.99 0.95 58MV(B,C)120---20 CAP**6024A**1.00 0.96 58MV(B,C)120---20CNPH*4821A**0.99 0.95 58MV(B,C)120---20 CNPH*6024A**1.00 0.96 58MV(B,C)120---20 CNPV*4824A**0.99 0.95 58MV(B,C)120---20 CNPV*6024A**1.00 0.96 58MV(B,C)120---20CSPH*4812A**0.99 0.95 58MV(B,C)120---20 CSPH*6012A**1.00 0.96 58MV(B,C)120---20 CAP**4817A**0.99 0.95 58PH*070---16 CAP**4821A**0.99 0.95 58PH*090---16 CAP**6021A**1.00 0.92 58PH*090---16 CNPH*4821A**0.99 0.95 58PH*090---16CNPH*6024A**1.00 0.92 58PH*090---16 CNPV*4821A**0.99 0.95 58PH*090---16 CSPH*4812A**0.99 0.95 58PH*090---16 CSPH*6012A**1.00 0.92 58PH*090---16CAP**4821A**0.99 0.95 58PH*110---20 CAP**6021A**1.00 0.92 58PH*110---20 CNPH*4821A**0.99 0.95 58PH*110---20 CNPH*6024A**1.00 0.92 58PH*110---20 CNPV*4821A**0.99 0.95 58PH*110---20 CSPH*4812A**0.99 0.95 58PH*110---20CSPH*6012A**1.00 0.92 58PH*110---20 CAP**4824A**0.99 0.95 58PH*135---20 CAP**6024A**1.00 0.92 58PH*135---20 CNPH*4821A**0.99 0.95 58PH*135---20CNPH*6024A**1.00 0.92 58PH*135---20 CNPV*4824A**0.99 0.95 58PH*135---20 CNPV*6024A**1.00 0.92 58PH*135---20 CSPH*4812A**0.99 0.95 58PH*135---20 CSPH*6012A**1.00 0.92 58PH*135---20See notes on pg. 34 38HDR 34 DETAILED COOLING CAPACITIES** (CONT.) EVAPORATOR AIR CONDENSER ENTERING AIR TEMPERATURES _F(_C) 75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) CFM EWB°F(°C) Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW** Capacity MBtuh† TotalSystemKW**Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡Total Sens‡ 38HDR060 Outdoor Section With CNPV*6024A** Indoor Section 1750 72 (22.2)68.88 33.36 4.20 65.13 32.05 4.64 60.97 30.62 5.12 56.47 29.10 5.64 51.66 27.52 6.20 46.31 25.80 6.80 67(19.4)63.28 41.18 4.15 59.98 39.91 4.59 56.34 38.52 5.08 52.38 37.05 5.60 48.00 35.44 6.17 43.23 33.69 6.7762 (16.7)58.24 48.95 4.11 55.37 47.69 4.55 52.27 46.30 5.04 48.91 48.85 5.57 45.63 45.63 6.15 41.69 41.69 6.76 57 (13.9)56.77 56.77 4.09 54.45 54.45 4.54 51.86 51.86 5.03 48.95 48.95 5.57 45.63 45.63 6.15 41.69 41.69 6.76 2000 72(22.2)69.89 34.93 4.31 65.94 33.59 4.75 61.58 32.12 5.23 56.96 30.59 5.74 52.01 29.02 6.31 47.30 27.45 6.9267(19.4)64.28 43.75 4.26 60.81 42.45 4.70 57.00 41.04 5.18 52.88 39.53 5.71 48.32 37.86 6.27 43.82 36.17 6.88 62 (16.7)59.48 52.47 4.22 56.55 51.08 4.66 53.58 53.58 5.15 50.40 50.40 5.68 46.78 46.78 6.26 42.62 42.62 6.87 57 (13.9)58.96 58.96 4.21 56.42 56.42 4.66 53.58 53.58 5.15 50.40 50.40 5.68 46.78 46.78 6.26 42.60 42.60 6.87 2250 72 (22.2)70.60 36.41 4.42 66.50 35.04 4.86 61.97 33.55 5.33 57.25 32.02 5.85 52.14 30.44 6.41 48.41 29.01 7.0467 (19.4)65.01 46.21 4.37 61.41 44.89 4.81 57.46 43.44 5.29 53.20 41.88 5.81 48.56 40.17 6.37 44.28 38.42 6.99 62 (16.7)60.67 60.67 4.33 58.00 58.00 4.78 54.94 54.94 5.26 51.52 51.52 5.79 47.63 47.63 6.36 43.18 43.18 6.98 57(13.9)60.73 60.73 4.33 58.00 58.00 4.78 54.94 54.94 5.26 51.52 51.52 5.79 47.63 47.63 6.36 43.14 43.14 6.98 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL *CNPV*6024A**1.00 1.00 40QAC060---3 0.98 0.98CAP**6021A**1.00 1.00 CAP**6024A**1.00 1.00 CNPH*6024A**1.00 1.00 CSPH*6012A**1.00 1.00 FE4ANB006 1.01 1.01FV4BNB0061.01 1.01 FX4CN(B,F)060 1.01 1.01 FY4ANB060 1.00 1.00 CAP**6021A**0.98 0.98 58CV(A,X)110---20 CNPH*6024A**0.98 0.98 58CV(A,X)110---20CSPH*6012A**0.98 0.98 58CV(A,X)110---20 CAP**6024A**0.98 0.98 58CV(A,X)135---22 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPH*6024A**0.98 0.98 58CV(A,X)135---22 CNPV*6024A**0.98 0.98 58CV(A,X)135---22CSPH*6012A**0.98 0.98 58CV(A,X)135---22 CAP**6024A**0.98 0.98 58CV(A,X)155---22 CNPH*6024A**0.98 0.98 58CV(A,X)155---22 CNPV*6024A**0.98 0.98 58CV(A,X)155---22 CSPH*6012A**0.98 0.98 58CV(A,X)155---22CNPH*6024A**0.98 0.98 58MEB080---16 CSPH*6012A**0.98 0.98 58MEB080---16 CAP**6021A**0.98 0.98 58MEB100---20 CNPH*6024A**0.98 0.98 58MEB100---20 CSPH*6012A**0.98 0.98 58MEB100---20CAP**6024A**0.98 0.98 58MEB120---20 CNPH*6024A**0.98 0.98 58MEB120---20 COOLING INDOORMODEL CAPACITY POWER FURNACE MODEL CNPV*6024A**0.98 0.98 58MEB120---20 CSPH*6012A**0.98 0.98 58MEB120---20CSPH*6012A**0.98 0.98 58MV(B,C)120---20 CAP**6021A**0.98 0.98 58PH*090---16 CNPH*6024A**0.98 0.98 58PH*090---16 CSPH*6012A**0.98 0.98 58PH*090---16 CAP**6021A**0.98 0.98 58PH*110---20CNPH*6024A**0.98 0.98 58PH*110---20 CSPH*6012A**0.98 0.98 58PH*110---20 CAP**6024A**0.98 0.98 58PH*135---20 CNPH*6024A**0.98 0.98 58PH*135---20 CNPV*6024A**0.98 0.98 58PH*135---20CSPH*6012A**0.98 0.98 58PH*135---20 NOTE: When the required data fall between the published data, interpolation may be performed. Extrapolation is not an acceptable practice. * Detailed cooling capacities are based on indoor and outdoor unit at the same elevation per the latest edition of AHRI standard 210/240. If additional tubing length and/or indoor unit is located above outdoor unit, a slight variationin capacity may occur. {Total and sensible capacities are net capacities. Blower motor heat has been subtracted. }Sensible capacities shown are based on 80°F (27°C) entering air at the indoor coil. For sensible capacities at other than 80°F (27°C), deduct 835 Btuh(245 kW) per 1000 CFM (480 L/S) of indoor coil air for each degree below 80°F (27°C), or add 835 Btuh (245 kW) per 1000 CFM (480 L/S) of indoor coil air per degree above 80°F (27°C). When the required data fall between the published data, interpolation may be performed. ** Total system kW is total of indoor and outdoor unit kilowatts. 38HDR 35 CONDENSER ONLY RATINGS* SST°F(°C)CONDENSER ENTERING AIR TEMPERATURES °F (°C)55 (12.8)65 (18.3)75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7) 38HDR018---31 30 (---1.6) TCG 16.20 15.30 14.30 13.40 12.40 11.40 10.30 9.20 SDT 67.40 77.00 86.50 96.00 105.50 114.90 124.40 133.70KW0.86 0.98 1.11 1.26 1.42 1.59 1.77 1.96 35 (1.7)TCG 17.90 16.90 15.90 14.80 13.80 12.70 11.60 10.40 SDT 68.50 78.00 87.50 97.00 106.40 115.80 125.20 134.50 KW 0.86 0.98 1.11 1.26 1.42 1.59 1.78 1.98 40 (4.4) TCG 19.70 18.60 17.50 16.40 15.20 14.10 12.90 11.60SDT69.70 79.10 88.60 98.00 107.40 116.80 126.10 135.30 KW 0.85 0.97 1.11 1.26 1.42 1.60 1.79 1.99 45 (7.2) TCG 21.60 20.40 19.20 18.00 16.80 15.50 14.20 12.80SDT70.90 80.30 89.70 99.00 108.40 117.70 127.00 136.10 KW 0.85 0.97 1.11 1.26 1.42 1.60 1.79 2.00 50 (10) TCG 23.60 22.30 21.10 19.70 18.40 17.00 15.60 14.10SDT72.20 81.50 90.80 100.10 109.40 118.60 127.80 136.90 KW 0.85 0.97 1.11 1.26 1.42 1.60 1.79 2.00 55 (12.8) TCG 25.70 24.30 22.90 21.50 20.00 18.60 17.00 15.40SDT73.50 82.70 92.00 101.20 110.40 119.60 128.70 137.70 KW 0.85 0.97 1.10 1.25 1.42 1.60 1.79 2.0038HDR024---32 30 (---1.6) TCG 22.10 20.90 19.60 18.30 16.90 15.50 14.00 12.40 SDT 69.00 78.50 88.00 97.40 106.80 116.10 125.30 134.50KW1.08 1.24 1.41 1.60 1.80 2.02 2.25 2.48 35 (1.7) TCG 24.30 23.00 21.70 20.30 18.80 17.20 15.60 13.80 SDT 70.30 79.80 89.20 98.60 107.90 117.10 126.30 135.40KW1.09 1.24 1.42 1.61 1.82 2.04 2.28 2.52 40 (4.4) TCG 26.80 25.30 23.90 22.30 20.70 19.00 17.20 15.30 SDT 71.70 81.10 90.50 99.80 109.10 118.20 127.30 136.30KW1.10 1.26 1.43 1.62 1.83 2.06 2.30 2.55 45 (7.2)TCG 29.40 27.80 26.20 24.50 22.70 20.90 18.90 16.70 SDT 73.20 82.60 91.90 101.10 110.20 119.30 128.30 137.10 KW 1.11 1.27 1.44 1.64 1.85 2.08 2.32 2.57 50 (10) TCG 32.10 30.40 28.60 26.80 24.80 22.70 20.50 18.10SDT74.80 84.10 93.30 102.40 111.50 120.40 129.20 137.90 KW 1.12 1.28 1.46 1.65 1.86 2.09 2.33 2.59 55 (12.8) TCG 35.00 33.10 31.20 29.10 26.90 24.60 22.20 19.50SDT76.40 85.60 94.70 103.80 112.70 121.50 130.20 138.60 KW 1.13 1.29 1.47 1.66 1.88 2.10 2.35 2.60 38HDR030---31 30 (---1.6) TCG 26.20 24.70 23.20 21.70 20.10 18.40 16.80 15.30 SDT 72.00 82.30 92.90 103.80 115.00 126.90 139.00 148.90 KW 1.30 1.48 1.69 1.92 2.19 2.50 2.84 3.12 35 (1.7) TCG 28.80 27.30 25.70 24.10 22.40 20.60 18.90 17.40 SDT 73.10 83.50 94.00 104.80 116.10 127.70 139.50 149.30 KW 1.30 1.49 1.69 1.93 2.21 2.52 2.86 3.15 40 (4.4) TCG 31.70 30.10 28.40 26.60 24.80 23.00 21.20 19.60 SDT 74.30 84.70 95.20 105.90 117.10 128.60 140.00 149.70 KW 1.31 1.49 1.70 1.94 2.22 2.53 2.87 3.18 45 (7.2) TCG 34.80 33.10 31.20 29.40 27.40 25.50 23.60 21.90 SDT 75.60 85.90 96.40 107.10 118.10 129.40 140.60 150.10 KW 1.31 1.50 1.71 1.95 2.22 2.54 2.88 3.19 50 (10) TCG 38.20 36.20 34.30 32.30 30.30 28.20 26.20 24.40 SDT 76.90 87.20 97.60 108.20 119.20 130.30 141.10 150.50KW1.32 1.50 1.71 1.95 2.23 2.55 2.89 3.20 55 (12.8) TCG 41.70 39.70 37.60 35.50 33.30 31.10 29.00 27.10 SDT 78.30 88.50 98.90 109.40 120.20 131.20 141.80 150.90KW1.32 1.51 1.72 1.96 2.24 2.55 2.89 3.20 38HDR036---31 30 (---1.6) TCG 30.10 28.50 26.80 25.10 23.30 21.50 19.60 17.60SDT70.90 80.80 90.90 101.00 111.20 121.60 132.30 143.30 KW 1.50 1.71 1.94 2.20 2.50 2.83 3.19 3.58 35 (1.7) TCG 33.20 31.50 29.70 27.80 25.90 24.00 21.90 19.90SDT72.00 82.00 92.00 102.10 112.30 122.80 133.30 143.80 KW 1.50 1.71 1.95 2.21 2.52 2.85 3.21 3.60 40 (4.4) TCG 36.50 34.60 32.70 30.70 28.70 26.60 24.40 22.30 SDT 73.30 83.20 93.20 103.20 113.40 123.60 134.10 144.50 KW 1.51 1.72 1.95 2.22 2.52 2.85 3.23 3.63 45 (7.2) TCG 40.10 38.10 36.00 33.80 31.70 29.40 27.10 24.80 SDT 74.60 84.40 94.40 104.50 113.80 124.50 135.20 145.30 KW 1.51 1.72 1.96 2.23 2.51 2.86 3.26 3.65 50 (10) TCG 43.90 41.70 39.50 37.10 34.90 32.40 30.00 27.60 SDT 75.90 85.80 95.70 105.90 115.50 125.90 136.20 146.00 KW 1.52 1.73 1.97 2.24 2.54 2.89 3.27 3.66 55 (12.8) TCG 48.00 45.70 43.30 40.70 38.30 35.70 33.10 30.50 SDT 77.40 87.10 97.00 107.10 116.70 126.80 137.00 146.70 KW 1.53 1.74 1.98 2.25 2.55 2.89 3.28 3.66 See notes on page 38 38 H D R 36 CONDENSER ONLY RATINGS* CONTINUED SST°F(°C)CONDENSER ENTERING AIR TEMPERATURES °F (°C) 55 (12.8)65 (18.3)75 (23.9)85 (29.4)95 (35)105 (40.6)115 (46.1)125 (51.7)38HDR048---32 30 (---1.6) TCG 48.40 45.50 42.50 39.50 36.20 32.90 30.60 28.10 SDT 67.90 77.30 86.70 96.00 105.40 114.70 124.30 133.80KW2.05 2.39 2.75 3.15 3.56 4.01 4.49 5.00 35 (1.7) TCG 53.40 50.20 46.90 43.40 39.60 35.70 34.00 25.50SDT69.10 78.40 87.80 97.00 106.20 115.40 125.10 133.00 KW 2.02 2.37 2.74 3.14 3.56 4.01 4.51 4.99 40 (4.4) TCG 58.70 55.10 51.40 47.50 43.10 38.30 33.00 27.10SDT70.40 79.60 88.90 98.00 107.10 116.10 124.80 133.40 KW 1.99 2.35 2.72 3.13 3.55 4.01 4.49 4.99 45 (7.2) TCG 64.30 60.30 56.20 51.60 46.90 41.20 35.20 28.90SDT71.80 80.90 90.00 99.10 108.10 116.80 125.40 133.80 KW 1.96 2.32 2.70 3.11 3.54 4.00 4.48 4.99 50 (10) TCG 70.30 65.80 61.10 55.80 50.40 44.20 37.30 34.60SDT73.30 82.30 91.20 100.10 108.90 117.50 125.90 135.30 KW 1.92 2.29 2.68 3.09 3.52 3.98 4.46 5.01 55 (12.8) TCG 76.50 71.40 66.00 60.30 54.00 47.00 50.70 41.10 SDT 74.80 83.60 92.50 101.20 109.80 118.20 129.40 137.00 KW 1.88 2.25 2.64 3.06 3.49 3.95 4.57 5.05 38HDR060---32 30 (---1.6) TCG 59.30 55.30 50.90 46.20 40.40 37.90 33.80 30.30 SDT 70.10 79.30 88.40 97.40 106.20 115.80 124.90 134.20 KW 2.59 2.93 3.31 3.73 4.19 4.72 5.31 5.90 35 (1.7) TCG 64.70 60.20 55.50 50.00 43.30 42.40 31.50 33.10 SDT 71.40 80.50 89.50 98.40 106.90 116.90 124.20 134.90 KW 2.62 2.97 3.34 3.76 4.21 4.76 5.25 5.93 40 (4.4) TCG 69.90 65.30 60.10 53.80 55.90 47.40 31.70 35.60 SDT 72.70 81.70 90.60 99.30 110.10 118.10 124.20 135.50KW2.66 3.00 3.38 3.78 4.34 4.81 5.24 5.96 45 (7.2) TCG 76.00 70.80 64.80 57.40 56.00 54.60 48.50 47.70 SDT 74.10 83.00 91.80 100.20 110.00 119.90 128.60 138.80KW2.71 3.04 3.40 3.80 4.32 4.89 5.43 6.08 50 (10) TCG 82.20 76.70 69.30 70.90 61.80 58.60 30.50 52.10 SDT 75.60 84.40 92.80 103.40 111.40 120.90 123.80 139.80KW2.75 3.09 3.42 3.99 4.38 4.93 5.16 6.13 55 (12.8) TCG 95.20 87.70 88.40 74.60 75.40 53.90 46.10 60.30 SDT 78.80 87.10 97.50 104.30 114.70 119.50 127.70 141.70KW2.85 3.13 3.74 3.95 4.56 4.78 5.33 6.25 * AHRI listing applies only to systems shown in Combination Ratings table. KW --- Outdoor Unit Kilowatts Only. SDT --- Saturated Temperature Leaving Compressor (°F) SST --- Saturated Temperature Entering Compressor (°F/°C) TCG --- Gross Cooling Capacity (1000 Btuh) 38 H D R 37 GUIDE SPECIFICATIONS GENERAL System Description Outdoor--mounted, air--cooled, split--system air conditioner unit suitable for ground or rooftop installation. Unit consists of a hermetic compressor, an air--cooled coil, propeller--type condenser fan, and a control box. Unit will discharge supply air horizontally as shown on contract drawings. Unit will be used in a refrigeration circuit to match up to a packaged fan coil or coil unit. Quality Assurance — Unit will be rated in accordance with the latest edition of ARI Standard 210. — Unit will be certified for capacity and efficiency, and listed in the latest ARI directory. — Unit construction will comply with latest edition of ANSI/ ASHRAE and with NEC. — Unit will be constructed in accordance with UL standards and will carry the UL label of approval. Unit will have c--UL approval. — Unit cabinet will be capable of withstanding Federal Test Method Standard No. 141 (Method 6061) 500--hr salt spray test. — Air--cooled condenser coils will be leak tested and pressure tested — Unit constructed in ISO9001 approved facility. Delivery, Storage, and Handling — Unit will be shipped as single package only and is stored and handled per unit manufacturer’s recommendations. Warranty (for inclusion by specifying engineer) — U.S. and Canada only. PRODUCTS Equipment — Factory assembled, single piece, air--cooled air conditioner unit. Contained within the unit enclosure is all factory wiring, piping, controls, compressor, refrigerant charge Puronr (R--410A), and special features required prior to field start--up. Unit Cabinet — Unit cabinet will be constructed of galvanized steel, bonderized, and coated with a powder coat paint. Fans — Condenser fan will be direct--drive propeller type, discharging air horizontally. AIR--COOLED, SPLIT--SYSTEM AIR CONDITIONER 38HDR 1--1/2 TO 5 NOMINAL TONS — Condenser fan motors will be totally enclosed, 1--phase type with class B insulation and permanently lubricated bearings. Shafts will be corrosion resistant. — Fan blades will be statically and dynamically balanced. — Condenser fan openings will be equipped with coated steel wire safety guards. Compressor — Compressor will be hermetically sealed. — Compressor will be mounted on rubber vibration isolators. Condenser Coil — Condenser coil will be air cooled. — Coil will be constructed of aluminum fins mechanically bonded to copper tubes which are then cleaned, dehydrated, and sealed. Refrigeration Components — Refrigeration circuit components will include liquid--line front--seating shutoff valve with sweat connections, vapor--line front--seating shutoff valve with sweat connections, system charge of Puronr (R--410A) refrigerant, and compressor oil. — Unit will be equipped with high--pressure switch, low pressure switch and filter drier for Puron refrigerant. Operating Characteristics — The capacity of the unit will meet or exceed _____ Btuh at a suction temperature of ______F/_C. The power consumption at full load will not exceed _____ kW. — Combination of the unit and the evaporator or fan coil unit will have a total net cooling capacity of _____ Btuh or greater at conditions of _____ CFM entering air temperature at the evaporator at ______F/_Cwet bulb and ______F/_C dry bulb, and air entering the unit at ______F/_C. — The system will have a SEER of _____ Btuh/watt or greater at DOE conditions. Electrical Requirements — Nominal unit electrical characteristics will be _____ v, single phase, 60 hz. The unit will be capable of satisfactory operation within voltage limits of _____ v to _____ v. — Nominal unit electrical characteristics will be _____ v, three phase, 60 hz. The unit will be capable of satisfactory operation within voltage limits of _____ v to _____ v. — Unit electrical power will be single point connection. — Control circuit will be 24v. Special Features — Refer to section of this literature identifying accessories and descriptions for specific features and available enhancements. 38 H D R 38 SYSTEM DESIGN SUMMARY 1. Intended for outdoor installation with free air inlet and outlet. Outdoor fan external static pressure available is less than 0.01--in. wc. 2. Minimum outdoor operating air temperature without low--ambient operation accessory is 55_F (12.8_C). 3. Maximum outdoor operating air temperature is 125_F (51.7_C). 4. For reliable operation, unit should be level in all horizontal planes. 5. For interconnecting refrigerant tube lengths greater than 80 ft (23.4 m) and/or 35 ft (10.7 m) vertical differential, consult Residential Piping and Longline Guideline and Service Manual available from equipment distributor. 6. If any refrigerant tubing is buried, provide a 6 in. (152.4 mm) vertical rise to the valve connections at the unit. Refrigerant tubing lengths up to 36 in. (914.4 mm) may be buried without further consideration. Do not bury refrigerant lines longer than 36 in. (914.4 mm). 7. Use only copper wire for electric connection at unit. Aluminum and clad aluminum are not acceptable for the type of connector provided. 8. Do not apply capillary tube indoor coils to these units. 9. Factory--supplied filter drier must be installed. Copyright 2009 Carrier Corp.S 7310 W. Morris St.S Indianapolis, IN 46231 Manufacturer reserves the right to change, at any time, specifications and designs without notice and without obligations. Catalog No: 38HDR---4PD Replaces: 38HDR---3PD Printed in U.S.A. Edition Date: 06/09 38 H D R Appendix E Vehicle Miles Traveled (VMT) Analysis 555 West Beech Street | Suite 302 | San Diego, CA 92101 | (619) 234-3190 | Fax (619) 702-9345 www.fehrandpeers.com Memorandum Date: June 8, 2023 To: Brenna Weatherby, Principal, Rincon Consultants, Inc. From: Katy Cole, Maddie Hasani; Fehr & Peers Subject: City of Carlsbad Housing Element Update Transportation Modeling Considerations and Results SD22-0437 This memorandum presents an overview of options considered for the Carlsbad Housing Element Update (HEU). There are various methods and tools available for forecasting Vehicle Miles Traveled (VMT) for a project. This memorandum explains the methods/tools considered for the City of Carlsbad HEU and the scope of work for performing the currently preferred method. Selecting a Transportation Modeling Tool/Method Fehr & Peers began collaborating with the City of Carlsbad on methods for forecasting VMT for the HEU in 2022. Since the HEU would require updating residential land use assumptions for the entire city, using the SANDAG model was deemed the most appropriate tool. Background on the SANDAG Model Using the SANDAG Model has presented significant challenges over the last two years, and these challenges have necessitated revising the approach to using the SANDAG Model to estimate VMT. The following provides a summary of the considerations/challenges using the SANDAG Model: • The SANDAG Model goes through major version changes every time a new SANDAG Regional Plan is adopted. The most recent model version change is to the “Activity Based Model 2+” (ABM2+), which is the model that includes a scenario for the December 2021 SANDAG Regional Plan/Sustainable Community Strategy (SCS). • The previous version of the SANDAG Model, “Activity Based Model 2” (ABM2) had limited functionality because it was an interim version that SANDAG prepared only for the Federal Regional Transportation Plan. A fundamental limitation with ABM2 is that a user is unable to make land uses changes in the model (in other words, the land use file is locked and can’t be edited). Custom modeling is not available using ABM2. • SANDAG communicated that ABM2+ would have full functionality and would have the ability to adjust and test various land use assumptions; however, adding that functionality was going to City of Carlsbad HEU Transportation Modeling Considerations and Results June 8, 2023 Page 2 of 5 require additional SANDAG effort and ABM2+ would not be usable for custom modeling efforts until that functionality was added. ABM2+ became the current model in December 2021; however, the full functionality of ABM2+ was not available until July 15, 2022. • The SANDAG Service Bureau typically performs custom modeling for member agencies and private clients. Their department is short-staffed; therefore, they were not able to perform the modeling in a timely manner that they had queued for the fully functional ABM2+. • On September 23, 2022 the SANDAG Board directed SANDAG staff to remove the “road user charge” from the 2021 Regional Plan and prepare a focused amendment to the 2021 Regional Plan. This direction requires significant revisions to the SANDAG model and resulted in SANDAG alerting all projects that were in the modeling queue that all SANDAG Service Bureau modeling would be delayed at least six more months. • The SANDAG Service Bureau had over 12 projects in the queue for custom modeling using ABM2+, they were unable to complete any of these projects and all custom modeling work is on hold. • An overarching challenge is that the SANDAG model is a large tool that requires specialized expertise and significant computer processing power. The model can’t be run on a standard computer, and it takes several days to completely run. Therefore, it can be cumbersome and time consuming to use. Fall 2022 Modeling Options Considered The SANDAG model background helps clarify why the modeling for the Carlsbad HEU has had delays and is now taking a new direction. The HEU entered into an agreement with SANDAG in April 2022 to perform the modeling and was number ten in the SANDAG Service Bureau queue. The SANDAG Service Bureau updated the schedule for performing the custom model runs several times, culminating in them canceling the contract for the Carlsbad HEU work after the SANDAG Board direction in September 2022 to remove the road user charge assumptions from the Regional Plan. Due to this, the HEU Team again deliberated on an approach for performing the VMT analysis for the HEU. The following factors were considered: • Schedule, especially considering the delays that have already been experienced. • Reasonable land use assumptions. • Use a model dataset that does not include road user charge. In Fall 2022 the HEU Team decided to employ Fehr & Peers to perform custom model runs using ABM2+ that includes adjustments to the land use growth to reflect realistic growth assumptions in the City for a future year. Fehr & Peers performed a detailed review of the SANDAG model assumptions including residential and employment land uses as well as policy to provide data for deciding the preferred option for performing the modeling for the HEU. Table 1 summarizes the options considered. City of Carlsbad HEU Transportation Modeling Considerations and Results June 8, 2023 Page 3 of 5 Table 1: SANDAG Modeling Options Considered Option Land Use Summary Model Policy/Other Inputs Dataset 41 - DS41 (No Build) • Post 2021 Regional Plan Project use • No build scenario does not include the road user charge. • More consistent with the city’s general plan than DS 42 • Inconsistent with the adopted 2021 Regional Plan Dataset 42 - DS42 (Build, Vision) • Post 2021 Regional Plan Project use • Consistent with Sustainable Community Strategy (CSC) use • Build scenario includes road user charge. • Consistent with the adopted 2021 Regional Plan Notes: Source: Fehr & Peers, 2023 After evaluating the options and their respective land use and policy assumptions, the HEU team opted to use the No build DS41. This option aligns most closely with the City's general plan, and it does not include the road user charge policy. By selecting this option, the team was able to use more realistic land use assumptions while also factoring in regional transportation network investments and policies. Overall, this approach provided the most reasonable conclusion regarding VMT/GHG. Scope of Work The project is comprised of four distinct scenarios, each serving a unique purpose. These scenarios include the Base Year 2016 No Project Condition, Future Year Alternative 1 (No Project Alternative), Future Year Proposed Project, and Future Year with Project Alternative 2. The first scenario, Base Year 2016 No Project Condition, is identical to the SANDAG 2016 model and has not been modified in any way. The second scenario, Year 2035 Alternative 1 (No Project Alternative), incorporates the land use and network assumptions from the SANDAG 2035 model but has been adjusted to align with the City’s Adopted General Plan. The third and fourth scenarios, Year 2035 Proposed Project and Year 2035 with Project Alternative 2, respectively, both feature the project land use assumptions based on each alternative. To develop these scenarios, Fehr & Peers collaborated with SANDAG staff to acquire off-the-shelf model files containing the necessary model inputs and outputs for the years 2016 and 2035 related to the DS41. Once Fehr & Peers obtained all the necessary files from the SANDAG model, this data was utilized to City of Carlsbad HEU Transportation Modeling Considerations and Results June 8, 2023 Page 4 of 5 develop the project scenarios. Subsequently, we ran three separate models including Future Year No Project Condition, Future Year Proposed Project, and Future Year with Project Alternative 2. Finally, the outputs generated from these model runs were used to calculate two VMT metrics: total VMT and VMT per capita. The total VMT was calculated using the CAP method, which includes all internal VMT, half of internal to external VMT, and external to internal VMT based on the model data. VMT per capita estimates the total VMT generated by the project's residents, in this case, the entire city, and is calculated by dividing the residents VMT by the number of residents. Total VMT and VMT per Capita were calculated for each project scenario using the origin-destination matrices (number of trips between two TAZs) and skim matrices (length of trips between two TAZs). Total VMT was calculated by multiplying the length of each segment by the ADT of each segment and summing over the area network. VMT results are shown in Table 2 and Table 3. Table 2: Total VMT Summary Scenario VMT Change from Baseline Base Year 2016 No Project Condition 3,262,216 - Year 2035 Alternative 1 (No Project Alternative) 3,661,216 399,000 Year 2035 Proposed Project 3,733,018 71,8021 Year 2035 with Project Alternative 2 3,733,074 71,8581 Source: SANDAG, Fehr & Peers 2023 1 change from 2035 with Adopted General Plan. City of Carlsbad HEU Transportation Modeling Considerations and Results June 8, 2023 Page 5 of 5 Table 3: VMT per Capita Summary Scenario VMT/Capita Base Year 2016 No Project Condition 24.0 Year 2035 Alternative 1 (No Project Alternative) 24.0 Year 2035 Proposed Project 23.6 Year 2035 with Project Alternative 2 23.7 Source: SANDAG, Fehr & Peers 2023 Both Year 2035 Proposed Project and Year 2035 with Project Alternative 2 lead to a higher total volume of VMT compared to the No Project Condition in 2035. Furthermore, the VMT per Capita numbers for these alternatives are higher than 85% of the city-wide VMT per Capita numbers in the base years of 2016 and 2035. The gap between the 2035 proposed project and Alternative 2 scenarios is relatively small, as the only notable difference lies in a few residential land use assumptions. Attachment C Finding of Fact and Statement of Overriding Considerations (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 21 of 157 Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project SCH # 2022090339 Prepared by: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attachment C Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project ii Table of Contents 1 Introduction .................................................................................................................... 1 2 Project Description .......................................................................................................... 3 2.1 Project Location ................................................................................................................... 3 2.2 Project Characteristics ......................................................................................................... 3 2.3 Project Objectives................................................................................................................ 4 3 Environmental Procedures ............................................................................................... 5 3.1 Lead Agency ......................................................................................................................... 5 3.2 Environmental Impact Report ............................................................................................. 5 3.3 Public Participation .............................................................................................................. 5 3.4 Record of Proceedings ......................................................................................................... 6 4 Overview and General Findings ........................................................................................ 7 5 Findings and Recommendations Regarding Significant Impacts Mitigated to a Less Than Significant Level ..................................................................................................................... 9 5.1 Air Quality .......................................................................................................................... 10 5.2 Biological Resources .......................................................................................................... 12 5.3 Noise .................................................................................................................................. 21 5.4 Cultural and Tribal Cultural Resources .............................................................................. 22 6 Findings and Recommendations Regarding Significant Impacts ....................................... 25 6.1 Air Quality .......................................................................................................................... 26 6.2 Cultural and Tribal Cultural Resources .............................................................................. 27 6.3 Greenhouse Gas Emissions ............................................................................................... 28 6.4 Noise .................................................................................................................................. 29 6.5 Transportation ................................................................................................................... 32 7 Findings and Recommendations Regarding Cumulatively Considerable Impacts .............. 35 8 Project Alternatives ....................................................................................................... 37 8.1 Alternative Analysis ........................................................................................................... 37 9 Statement of Overriding Consideration .......................................................................... 39 10 Conclusion ..................................................................................................................... 41 Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project iv This page intentionally left blank. 1 Introduction The City of Carlsbad’s certified 2015 General Plan and Climate Action Plan Environmental Impact Report (“2015 General Plan EIR”) analyzed impacts from the 2015 General Plan Update and the city’s Climate Action Plan. As part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted City Council Resolution No. 2015-242, certifying Environmental Impact Report (EIR 13-02) and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. Addendum #1 to the certified EIR was prepared for the 2020 Climate Action Plan Update, and was adopted by City Council Resolution No. 2020-146 on July 14, 2020. Addendum #2 to the certified EIR was prepared for the updated Housing Element by City Council Resolution No. 2021-073 on Aug. 6, 2021. Addendum #3 to the certified EIR was prepared for the Jefferson Mixed Use: Townhome and Professional Office Project by City Council Resolution No. 2022-256 on Nov. 8, 2022. The 2015 General Plan EIR anticipated the addition of 6,798 new residential dwelling units by the horizon year of 2035. The 2015 General Plan EIR found less than significant impacts for aesthetics, agricultural resources, biological resources, cultural resources, energy, greenhouse gas emissions, geology and soils, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, public services and recreation, tribal cultural resources, utilities and service systems, and wildfire; and significant and unavoidable impacts for air quality and transportation. The proposed project consists of: amendments to the 2015 General Plan, including the Land Use and Community Design Element and Public Safety Element; revisions to Carlsbad Municipal Code (CMC) Title 21, the Zoning Ordinance; and updates to the Local Coastal Plan and several master and specific plans. The updates are necessary to implement the programs of the city’s Housing Element Update 2021-2029 (“Housing Element”), which was adopted by the Carlsbad City Council on April 6, 2021, and to comply with changes in state law. Implementation of the rezone program under the proposed project would facilitate the development of 18 rezone sites. The development of these sites is estimated to result in a net increase of 3,295 new housing units to the city’s housing stock compared to what is allowed today. A Supplemental EIR (SEIR) was prepared to analyze impacts associated with the proposed project. The California Environmental Quality Act (CEQA) requires the City of Carlsbad (city) as the CEQA lead agency to: (1) make written findings when it approves a project for which an environmental impact report (EIR) was certified, and (2) identify overriding considerations for significant and unavoidable impacts identified in the SEIR. These findings explain how the city approaches the significant and potentially significant impacts identified in the SEIR prepared for the City of Carlsbad Housing Element Implementation and Safety Element Update Project (“proposed project”). These plans and amendments will be collectively referred to herein as the “proposed project.” The statement of overriding considerations identifies economic, social, technological, and other benefits of the proposed project that override any significant environmental impacts that would result from the proposed project. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 2 As required under CEQA, the Final SEIR includes the Draft SEIR, comments and responses to comments on the Draft SEIR, and revisions to the Draft SEIR and proposed project. In addition to analyzing potential environmental effects and identifying necessary mitigation measures, the Final SEIR examined two alternatives to the proposed project—namely Alternative 1 (No Project Alternative) and Alternative 2 (Reduced Sites). The Findings of Fact and Statement of Overriding Considerations set forth below (“Findings”) are presented for adoption by the City Council (Council) as the city’s findings under CEQA (Public Resources Code, Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) relating to the proposed project. The Findings provide the written analysis and conclusions of this Council regarding the proposed project’s environmental impacts, mitigating policies, alternatives to the proposed project, and the overriding considerations, which in this Council’s view, justify approval of the proposed project, despite its environmental effects. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 3 2 Project Description 2.1 Project Location The proposed project boundaries coincide with Carlsbad’s city limits. Carlsbad is located on the coast of the Pacific Ocean in northwest San Diego County. In addition to the Pacific Ocean coastline along its western boundary, Carlsbad is surrounded by the cities of Oceanside to the north, Encinitas to the south, and Vista and San Marcos and unincorporated areas of San Diego County to the east. Along Carlsbad’s northern edge, urban development abuts Highway 78, with the highway and Buena Vista Lagoon acting as a boundary between Carlsbad and Oceanside. Similarly, Batiquitos Lagoon along the city’s southern edge acts as a boundary between Carlsbad and Encinitas. To the east, city boundaries are less distinctive, as a mix of hillsides and urban development are located adjacent to the cities of Vista and San Marcos and unincorporated county lands. 2.2 Project Characteristics The proposed project consists of amendments to the Carlsbad General Plan adopted in 2015 (“2015 General Plan”), including the Land Use and Community Design Element and Public Safety Element, and revisions to Carlsbad Municipal Code (CMC) Title 21, the Zoning Ordinance. The updates are necessary to implement the programs of the city’s Housing Element Update 2021- 2029 (“Housing Element”), which was adopted by the Carlsbad City Council on April 6, 2021, and comply with changes in state law. A major component of the project is the change of land use and zoning designations on 18 sites (herein referred to as the “rezone sites”) throughout Carlsbad to facilitate residential development. These rezone sites, identified in the Housing Element and as further directed by the City Council, consist of single or multiple properties currently designated for low-density residential, commercial, industrial or public land uses. As proposed, the rezone sites would be partially or entirely redesignated to medium or high-density residential land use designations. This would require changes to the General Plan and Local Coastal Program land use maps, Zoning Ordinance and Zoning Map, and to various master and specific plans. The project proposes no development but involves land use changes that would facilitate development on the 18 rezone sites. Overall, the project would:  Amend the City of Carlsbad’s General Plan by updating the Land Use and Community Design Element to implement programs of the Housing Element, including facilitating residential development on 18 rezone sites identified in the Housing Element and as further directed by the City Council on Feb. 15, 2022.  Consistent with the project’s General Plan changes, revise the Zoning Ordinance. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 4  Amend the Local Coastal Program as necessary to maintain consistency with the General Plan and Zoning Ordinance.  Revise various master plans and specific plans as necessary to reflect amendments to the General Plan, Zoning Ordinance, and Local Coastal Program.  Update the Public Safety Element to comply with State housing and safety legislation. Implementation of the rezone program under the proposed project would facilitate the development of 18 rezone sites would result in an estimated net increase of 3,295 new housing units to the city’s housing stock compared to what is allowed today. These new housing units would generate 8,260 new residents at buildout (see Section 4.11, Population and Housing, of the Draft SEIR for calculations). Combined with the available housing unit capacity under the existing General Plan (6,218 units), the 3,295 new units would result in a new housing capacity of 9,513 units or a total 56,516 units. 2.3 Project Objectives The objectives of the proposed project are:  Implement the Land Use and Community Design Element, Public Safety Element, and Zoning Ordinance, as amended by this project, to achieve adequate sites for all income groups;  Provide adequate sites, zoned at appropriate densities and development standards, to facilitate residential development and affordability goals set forth in the 2021-2029 RHNA and as identified in the Housing Element.  Pursue an infill strategy to foster compact development patterns, create walkable communities and preserve the natural environment and critical environmental areas;  Expand housing choices to provide a diverse housing inventory to meet the changing needs of the Planning Area, which includes more affordable housing options;  Update the Public Safety Element to comply with existing State laws.  Ensure high level of public safety to protect the personal safety and welfare of people who live, work, and visit Carlsbad from crime, pollution, disasters, and other threats and emergencies. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 5 3 Environmental Procedures 3.1 Lead Agency Pursuant to CEQA Guidelines Section 15367, the city is the “lead agency” for the purpose of preparing the environmental review required by CEQA. The environmental review prepared by the city will be used by the Council and the Planning Commission in their respective decisions regarding the certification of the SEIR and the approval of the proposed project. 3.2 Environmental Impact Report Pursuant to CEQA Guidelines Section 15163 et seq., the city prepared an SEIR to analyze the potential impacts of the proposed project on the environment. Pursuant to CEQA Guidelines Section 15163, the City of Carlsbad prepared this as a “Supplemental” EIR because only minor additions and changes would be necessary to make the previously certified 2015 General Plan EIR (SCH #2011011004) adequately apply to the project. An SEIR is the appropriate level of CEQA documentation for multiple reasons. First, the document incorporates updates to the CEQA Guidelines since 2015 and includes analysis of environmental issue areas added to the CEQA Guidelines and not included in the 2015 General Plan EIR. New environmental issue areas analyzed in this SEIR include energy, wildfire, vehicle miles traveled (VMT) and tribal cultural resources. Therefore, the City of Carlsbad has determined that the preparation of a SEIR is the appropriate approach to CEQA compliance. Consistent with CEQA Guidelines Section 15050, the 2015 General Plan EIR is incorporated into this document by reference. The Final SEIR contains all of the information required by CEQA Guidelines Section 15132, including the Draft SEIR and the appendices to the Draft SEIR, all comment letters received, written responses to all comments, and revisions to the SEIR, and proposed project. 3.3 Public Participation A Notice of Preparation (NOP) of an SEIR was published on September 14, 2022. The NOP and public comment period were advertised, and two public scoping meetings were held on September 26, 2022 (in-person) and September 28, 2022 (virtual). On October 13, 2022, the city issued an amended NOP extending the public comment period to October 26, 2022, and adding a third scoping meeting on October 19, 2022 (in-person). The scoping meetings were aimed at providing information about the proposed project to members of public agencies, interested stakeholders, residents, and community members. Awareness of the project and the first two scoping meetings was provided via mailers to all property owners and residents within a 600- foot radius of each housing site. Written comments were also received during the public comment period. In accordance with CEQA, the Draft SEIR was distributed for a 45-day public review and comment period beginning on Friday, July 14, 2023, and ending on Monday, August 28, 2023. Copies of the Draft SEIR or notice of availability of the Draft SEIR were sent to various state, regional, and local Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 6 agencies, as well as interested organizations and individuals. In total, 39 comment letters were received from public agencies, organizations, and individuals. The Final SEIR was completed and the city’s comments were made available for review by October 12, 2023. Public hearings concerning certification of the Final SEIR were held by the City of Carlsbad Planning Commission and the City Council, at which interested agencies, organizations, and persons were given an opportunity to comment on the Final SEIR and the proposed project. 3.4 Record of Proceedings For purposes of CEQA and the findings set forth below, the administrative record of the city’s decision concerning certification of the Final SEIR for the proposed project include the following: • The Draft SEIR (July 2023) • The Final SEIR (October 2023) • The appendices to the Draft SEIR and Final SEIR; • All documents and other materials listed as references and/or incorporated by reference in the Draft SEIR and Final SEIR. • All reports, maps, letters, and other documents prepared by the city’s staff and consultants for the proposed project which are before the City Council as determined by the Clerk; • All documents or other materials submitted by interested persons and public agencies in connection with the Draft SEIR and the Final SEIR; and • The minutes, tape recordings, and verbatim transcripts, if any, of the public hearings held by the city concerning certification of the Final SEIR and approval of the proposed project. All records and materials constituting the record of the proceedings upon which these Findings are based are available at the offices of the City of Carlsbad, located at 1635 Faraday Avenue, Carlsbad, CA 92008 (Public Resources Code Section 21081.6(a)(2)). Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 7 4 Overview and General Findings The proposed project includes policies and programs that are designed to avoid or to minimize the potential environmental effects of future development. If significant impacts would occur despite conformance with the policies and programs of the proposed project, CEQA requires the city to identify feasible mitigation measures that would avoid or substantially lessen a project’s potential significant impacts. Table ES-1 of the Draft SEIR lists a summary of potential impacts and proposed mitigation measures that reduce the impacts. The Draft SEIR identifies significant and unavoidable effects on the environment that may occur as a result of implementation of the proposed project in the areas of air quality, cultural and tribal cultural resources, greenhouse gas emissions, noise, and transportation, which are described in detail below. Additionally, the Draft SEIR identifies significant impacts that can be mitigated to a less than significant impact that may occur as a result of the proposed project in the areas of air quality, biological resources, and noise are also describe in detail below. Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects” (Emphasis added). The same statute states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects” (Emphasis added). Section 21002 goes on to state that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” The mandate and principles set forth in Public Resources Code Section 21002 are implemented, in part, through the requirement that agencies must adopt findings concerning significant impacts before approving projects for which EIRs are required. (See Pub. Resources Code Section 21081, subd. (a); CEQA Guidelines Section 15091(a)). Specifically, CEQA Guidelines Section 15091(a) establishes the following requirements for findings: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final SEIR. (CEQA Guidelines Section 15091(a)(1)). This finding shall be referred to as “Finding (1).” 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 8 agency or can and should be adopted by such other agency. (CEQA Guidelines Section 15091(a)(2)). This finding shall be referred to as “Finding (2).” 3. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA Guidelines Section 15091(a)(3)). This finding shall be referred to as “Finding (3).” Thus, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding making one or more of the three permissible findings described above. These findings constitute the city’s best efforts to set forth the evidentiary and other basis for its decision to approve the proposed project in a manner consistent with the requirements of CEQA. The Facts in Support of Findings, as set forth in the following sections, state the city’s reasons for making each finding and the evidence in support of the findings. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 9 5 Findings and Recommendations Regarding Significant Impacts Mitigated to a Less Than Significant Level The Final SEIR examined the environmental impacts of the proposed project in the areas of aesthetics; air quality; biological resources; cultural and tribal cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services and recreation, transportation, utilities and service systems, and wildfire. The Draft SEIR found potentially significant impacts which would be mitigated to a less than significant level in the areas of air quality, biological resources, noise, and tribal cultural resources. In determining the significance of the environmental effects, it is important to emphasize that in issue areas when uncertainty surrounds impacts at a program level, the SEIR analysis uses a conservative approach to both assessment and conclusions. The following subsections list each significant or potentially significant environmental impact by issue area in the order it appears in the Draft SEIR and includes proposed mitigation measures which reduce the impact to a less than significant level. A full documentation of the environmental analysis and conclusions is in the Final SEIR, which is incorporated by reference. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 10 5.1 Air Quality Impact AQ-1 Similar to the development analyzed in the 2015 General Plan EIR, the proposed project would not conflict with or obstruct the San Diego Regional Air Quality Strategy or State Implementation Plan. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: The project’s potential impact associated with a conflict with the San Diego Regional Air Quality Strategy or State Implementation Plan would be mitigated to a level less than significant with the implementation of Mitigation Measure AQ-1 which would require a revised housing forecast to be reported to the San Diego Association of Governments (SANDAG) to ensure that any revisions to the population and employment projections used by the San Diego County Air Pollution Control District (SDAPCD) in updating the Regional Air Quality Strategy (RAQS) and the State Implementation Plan (SIP) will accurately reflect anticipated growth due to the proposed project. Mitigation Measures: MM AQ-1: Housing Forecast Revisions Prior to the next update of the Regional Housing Needs Assessment and within six months of the certification of the Final SEIR, the City Planner shall provide a revised housing forecast to SANDAG to ensure that any revisions to the population and employment projections used by SDAPCD in updating the RAQS and the SIP will accurately reflect anticipated growth due to the proposed project. Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measure AQ-1, which would require a revised housing forecast to be reported to SANDAG, would reduce impacts associated with obstruction of the San Diego RAQS or SIP. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact AQ-1. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Impact AQ-3 Development facilitated by the proposed project would not expose offsite sensitive receptors to substantial pollution concentrations. However, the project would site sensitive receptors within close proximity to sources of TAC emissions. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of Mitigation Measures AQ-3 and AQ-4 would reduce impacts related to potential health risks associated with exposure of sensitive receptors to substantial pollutant concentrations of diesel particulate matter (DPM) and toxic air contaminants (TACs). Mitigation Measure AQ-3 would ensure that construction activities would not result in exposure of offsite Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 11 sensitive receptors to substantial TAC concentrations. Mitigation Measure AQ-4 would ensure that new development facilitated by the project would not expose onsite sensitive receptors to substantial air pollutant concentrations. Implementation of these mitigation measures would reduce impacts from DPM and TACs to a less than significant level. Mitigation Measures: MM AQ-3: Construction Health Risk Assessment For individual projects (excluding accessory dwelling units (ADUs), single-family residences, and duplexes) where construction activities would occur within 1,000 feet of sensitive receptors, would last longer than two months, and would not utilize a fleet comprised of strictly U.S. Environmental Protection Agency (EPA) rated Tier 4 engines and/or alternative fuel construction equipment, it is required that a construction health risk assessment (HRA) be performed.1 The construction health risk shall be performed by a qualified air quality consultant coordinated through the City. The HRA shall be conducted following the Office of Environmental Health Hazards Association’s (OEHHA) 2015 Health Risk Guidelines (OEHHA 2015) and SDAPCD guidelines to determine potential risk and compare the risk to the following SDAPCD thresholds:  Increased cancer risk of > 10.0 in a million;  Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or If risk exceeds the thresholds, measures such as requiring the use of Tier 4 and/or alternative fuel construction equipment are recommended to reduce the risk to appropriate levels. The incorporation of Tier 4 and/or alternative fuel construction equipment reduces the emissions of DPM from construction activities and therefore reduces the potential risk to nearby sensitive receptors. MM AQ-4: Operational Health Risk Assessment Consistent with the provisions contained in the California Air Resources Board Air Quality and Land Use Handbook, future development projects occurring on Site 2, Site 5, or Site 16 under the proposed project should implement the following: Project applicants shall retain a qualified air quality consultant to prepare a health risk assessment (HRA) in accordance with the California Air Resources Board (CARB) and the OEHHA requirements to determine the exposure of nearby sensitive receptors to emission sources resulting from the project. The HRA shall be submitted to the City of Carlsbad for review and approval. Project applicants shall implement the approved HRA recommendations to any nearby sensitive receptor, if any. Such measures may include, but are not limited to: 1 Sensitive receptors are that segment of the public most susceptible to respiratory distress as a result of poor air quality, such as children under 14, persons over 65, persons engaged in strenuous work or exercise, and people with pre-existing cardiovascular and chronic respiratory diseases. Locations of sensitive receptors include schools, parks and playgrounds, hospitals, day cares, assisted living facilities, and residential communities (CARB 2005) Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 12  Install, operate, and maintain in good working order a central heating and ventilation system or other air take system in the building of a sensitive receptor that would be impacted by the project, or in each individual residential unit, that meets the efficiency standard of the minimum efficiency reporting value of 13. The heating and ventilation system should include the following features: installation of a high-efficiency filter and/or carbon filter to minimize particulate and other airborne chemical matter from entering the building. Either high- efficiency particulate absorption filters or American Society of Heating, Refrigeration, and Air- Conditioning Engineers 85 percent supply filters should be used.  Ensure that positive pressure occurs in the building.  Achieve a performance standard of at least one air exchange per hour of fresh outside filtered air.  Achieve a performance standard of at least four air exchanges per hour of recirculation.  Achieve a performance standard of 0.25 air exchanges per hour of unfiltered infiltration if the building is not positively pressurized. Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measure AQ-3 and AQ-4, which would require construction and operational health risk assessments to be performed for future development projects, would reduce impacts associated with sensitive receptors’ exposure to pollutants. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact AQ-3. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). 5.2 Biological Resources Impact BIO-1 The proposed project could potentially adversely impact special-status species or their habitat. Local special-status species and nesting birds could occur within the sites during potential construction periods and may potentially be affected by construction activity. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of mitigation measures BIO-1 and BIO-2 would reduce potential impacts to special-status and/or locally important species to a less than significant level, and assure compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC)Section 3503, by requiring a biological study to document the presence or absence of special-status species on a project specific basis and determining measures to address impacts such as avoidance, minimization, restoration, or compensation to special-status should they be present, and by ensuring that active nests are identified and as necessary avoided. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 13 Mitigation Measures: MM BIO-1: Biological Resources Technical Report For development projects at Sites 1- 4, 6-9, 17-19 that require vegetation removal, ground disturbance of unpaved areas, parking or staging of equipment or material on unpaved areas, access routes on unpaved areas, or any rehabilitation or construction staging within 100 feet of the property line (except for landscaped developed areas) that contain or have the potential to support special-status species, sensitive habitat, or suitable habitat to support special-status species, prior to the issuance of a grading permit, the applicant shall retain a qualified biologist to conduct a biological resources reconnaissance of the site, consistent with the requirements of General Plan Policy 4-P.9 and the HMP Guidelines for Biological Studies. All future projects shall be consistent with the HMP and the technical report shall include a consistency analysis, including compliance with the narrow endemic standards (MHCP Volume 1, Section 3.7 No. 5, and HMP Section D-6 for TLB, VP species) and special species standards (HMP Section D-6 for LBV and Harb Dun Skipper). The Biological Resources Technical Report shall address the presence/absence of suitable habitat for special-status plant and wildlife species, and any additional protocol surveys that may be needed to determine the potential presence/absence of special status species, sensitive plant communities and wetlands, and other special status biological resources protected under the HMP. The report will further propose avoidance, minimization, and mitigation measures, consistent with HMP requirements, necessary to reduce potential impacts to special- status biological resources to less than significant. MM BIO-2: Pre-Construction Bird Surveys, Avoidance, and Notification If construction activities are initiated during the bird nesting season (February 1 – August 31) involving removal of vegetation or other nesting bird habitat, including abandoned structures and other man-made features, a pre-construction nesting bird survey shall be conducted no more than three days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot and shall include a 300-foot buffer around the construction site. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in southern California coastal communities (i.e., qualified biologist). If nests are found, an avoidance buffer shall be determined by a qualified biologist in coordination with the city. The avoidance buffer width will depend upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, which shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the city prior to the commencement of construction activities. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 14 Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measures BIO-1 and BIO-2, which would require a biological resources technical report and pre-construction bird surveys and avoidance for future development, would reduce impacts to special status species and their habitats. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact BIO-1. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Impact BIO-2 Development resulting from the project could potentially adversely impact areas that support sensitive natural communities and riparian habitats. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of Measures BIO-1 (listed under Impact BIO-1), BIO-3, and BIO-4 would reduce potential impacts to riparian and sensitive habitats to a less than significant level by ensuring that potential impacts are avoided, minimized, restored, or compensated for prior to obtaining a grading permit. Mitigation Measures: MM BIO-1 as described above under Impact BIO-1 would be applicable. MM BIO-3: Habitat Buffers For projects where native habitat may be present (specifically Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, and 19) and if development cannot avoid native habitat, prior to the issuance of a grading permit, a qualified biologist shall be retained by the project applicant to conduct a vegetation community survey of the site. The qualified biologist shall map the extent of vegetation communities on the project site plus 100 feet and report on the findings. This survey and report can be combined with BIO-1, Biological Resources Technical Report. The report shall confirm potential impacts to riparian and wetland habitat have been sufficiently avoided or minimized to reduce impacts to less than significant. Housing development at any of the sites containing riparian or wetland habitat shall adhere to the HMP Guidelines for Riparian and Wetland Buffers. Housing developments at any of the sites within the coastal zone shall adhere to the upland and wetland buffer requirements pursuant to the HMP coastal zone standards. The Biological Resources technical report shall include a figure showing all required upland, riparian and wetland buffers. MM BIO-4: Habitat Impact Mitigation For projects that will require mitigation through restoration of sensitive upland natural communities (e.g. coastal sage scrub) or wetland habitat, including streams, riparian, and other water bodies, specifically Sites 1, 2, 4, 6, 8, 9, 17, 18, and 19, mitigation through restoration, creation, or enhancement of in-kind habitats shall be implemented in accordance with ratios identified in the HMP (Table 11 and coastal zone standards Section D-7) and an approved mitigation plan. Prior to the issuance of grading permits, the applicant shall prepare and submit a Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 15 Conceptual Restoration/Mitigation Plan (CRMP) consistent with the HMP Components of a Conceptual Restoration/Mitigation Plan and Guidelines for Habitat Creation and Restoration. The CRMP will provide the framework for compensating for impacts to sensitive riparian and coastal sage scrub habitat at a ratio consistent with HMP Table 11 and coastal zone standards. Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measures BIO-3 and BIO-4, which would establish habitat buffers and require a CRMP to be created for projects that will require mitigation through restoration of sensitive upland natural communities, would reduce impacts to areas that support sensitive natural communities and riparian habitats. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact BIO-2. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Impact BIO-3 Development resulting from the project could potentially adversely impact federally protected wetlands. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of Measures BIO-1, BIO-3, BIO-4, and BIO-5 would reduce potential impacts to wetlands and protected waters to a less than significant level by ensuring that potential impacts are avoided, minimized, restored, or compensated for prior to obtaining a grading permit. Mitigation Measures: MM BIO-1, MM BIO-3, and MM BIO-4, as described above under Impact BIO-1 and Impact BIO-2 would be applicable. MM BIO-5: Agency Coordination For projects on sites within potential jurisdictional features, including Sites 1, 2, 4, 9, and 17, permits, agreements, and/or water quality certifications from applicable state and federal agencies regarding compliance with state and federal laws governing work within jurisdictional features are required for submission to the city of Carlsbad with the grading permit application for the project. The project applicant shall satisfy all mitigation requirements of the above agencies. The applicant shall provide such permits and/or agreements prior to issuance of a grading permit. Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measures BIO-1, BIO-3, BIO-4 (discussed under Impact BIO-1 and BIO-2 above), and BIO-5, which requires agency coordination for projects on sites within potential jurisdictional features, would reduce impacts to federally protected wetlands. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 16 effect identified in the Final SEIR as Impact BIO-3. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Impact BIO-4 Development under the proposed project would be primarily concentrated on sites in urban areas of Carlsbad that have been previously developed and disturbed, rather than adjacent to native habitats and potential wildlife corridors. Development under the project could result in significant impacts to potential local wildlife movement along watercourses such as Buena Vista Creek and Agua Hedionda Creek. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of mitigation measures BIO-1, BIO-3, and BIO-4 would reduce potential impacts to wildlife movement and nursery sites, to less than significant by requiring a project-specific biological evaluation to determine measures to address impacts such as avoidance, minimization, restoration, or compensation. Mitigation Measures: Mitigation Measures BIO-1, BIO-3, and BIO-4 which are discussed above under Impact BIO-1 and BIO-2, would be required. Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measures BIO-1, BIO-3, and BIO-4, which would require a biological resources technical report, establish habitat buffers, and require a CRMP to be created for projects that will require mitigation through restoration of sensitive upland natural communities, would reduce impacts to local wildlife movement along watercourses. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact BIO-4. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Impact BIO-5 Development under the proposed project could potentially adversely impact areas that support protected trees or tree canopies. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of Mitigation Measure BIO-6 would assure consistency with local policy protecting trees and shrubs by requiring a project-specific tree survey to determine measures to address impacts such as avoidance, minimization, restoration, or compensation. Impacts would be mitigated to a less than significant level. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 17 Mitigation Measures: MM BIO-6: Protected Tree and Tree Canopy Survey Prior to the issuance of a grading permit, a tree survey shall be conducted by a certified arborist prior to project construction to tag and assess all trees subject to the city’s Trees and Shrubs Ordinance (Municipal Code Title 11.12) and/or CFMP. A city arborist will inspect the property and recommend approving or denying the application in a written report submitted to the city manager. The city shall post a letter of notification and a non-removable marking upon the subject tree a minimum of 30 days prior to its removal. The letter will be posted in a prominent location, visible from a public street and will include, the location of the tree, the reason for the trees removal, the date of the scheduled removal, the species of tree to be replanted, the size of the tree to be replanted, the date by which an appeal must be made to the parks and recreation commission, and a description of the appeal process. The following measures shall be implemented in addition to those required under the city’s permits required for tree removal and maintenance ordinance Guidelines (Municipal Code Title 11.12.090) to avoid and/or compensate for potential indirect impacts to preserved sensitive natural communities and protected trees within Carlsbad before, during, and following construction activities. Pre-Construction  Fencing. Protective fencing at least three feet high with signs and flagging shall be erected around all preserved sensitive natural communities where adjacent to proposed vegetation clearing and grubbing, grading, or other construction activities. The protective fence shall be installed at a minimum of five feet beyond the tree canopy dripline. The intent of protection fencing is to prevent inadvertent limb/vegetation damage, root damage and/or compaction by construction equipment. The protective fencing shall be depicted on all construction plans and maps provided to contractors and labeled clearly to prohibit entry, and the placement of the fence in the field shall be approved by a qualified biologist prior to initiation of construction activities. The contractor shall maintain the fence to keep it upright, taut and aligned at all times. Fencing shall be removed only after all construction activities are completed.  Pre-Construction Meeting. A pre-construction meeting shall be held between all site contractors and a registered consulting arborist and/or a qualified biologist. All site contractors and their employees shall provide written acknowledgement of their receiving sensitive natural community protection training. This training shall include, but shall not be limited to, the following information: (1) the location and marking of protected sensitive natural communities; (2) the necessity of preventing damage to these sensitive natural communities; and (3) a discussion of work practices that shall accomplish such. During Construction  Fence Monitoring. The protective fence shall be monitored regularly (at least weekly) during construction activities to ensure that the fencing remains intact and functional, and that no encroachment has occurred into the protected natural community; any repairs to the fence or encroachment correction shall be conducted immediately. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 18  Equipment Operation and Storage. Contractors shall avoid using heavy equipment around the sensitive natural communities. Operating heavy machinery around the root zones of trees would increase soil compaction, which decreases soil aeration and, subsequently, reduces water penetration into the soil. All heavy equipment and vehicles shall, at minimum, stay out of the fenced protected zones, unless where specifically approved in writing and under the supervision of a registered consulting arborist and/or a qualified biologist.  Materials Storage and Disposal. Contractors shall not store or discard any construction materials within the fenced protected zones and shall remove all foreign debris within these areas. The contractors shall leave the duff, mulch, chips, and leaves around the retained trees for water retention and nutrient supply. Contractors shall avoid draining or leakage of equipment fluids near retained trees. Fluids such as gasoline, diesel, oils, hydraulics, brake and transmission fluids, paint, paint thinners, and glycol (anti-freeze) shall be disposed of properly. The contractors shall ensure that equipment be parked at least 50 feet, and that equipment/vehicle refueling occur at least 100 feet, from fenced protected zones to avoid the possibility of leakage of equipment fluids into the soil.  Grade Changes. Contractors shall ensure that grade changes, including adding fill, shall not be permitted within the fenced protected zone without special written authorization and under supervision by a registered consulting arborist and/or a qualified biologist. Lowering the grade within the fenced protected zones could necessitate cutting main support and feeder roots, thus jeopardizing the health and structural integrity of the tree(s). Adding soil, even temporarily, on top of the existing grade could compact the soil further, and decrease both water and air availability to the tree roots. Contractors shall ensure that grade changes made outside of the fenced protected zone shall not create conditions that allow water to pond.  Trenching. Except where specifically approved in writing beforehand, all trenching shall be outside of the fenced protected zone. Roots primarily extend in a horizontal direction forming a support base to the tree similar to the base of a wineglass. Where trenching is necessary in areas that contain roots from retained trees, contractors shall use trenching techniques that include the use of either a root pruner (Dosko root pruner or equivalent) or an Air-Spade to limit root impacts. An International Society of Arboriculture (ISA) certified arborist or American Society of Consulting Arborists (ASCA) registered consulting arborist shall ensure that all pruning cuts shall be clean and sharp, to minimize ripping, tearing, and fracturing of the root system. Root damage caused by backhoes, earthmovers, dozers, or graders is severe and may ultimately result in tree mortality. Use of both root pruning and Air-Spade equipment shall be accompanied only by hand tools to remove soil from trench locations. The trench shall be made no deeper than necessary.  Erosion Control. Appropriate erosion control best management practices (BMPs) shall be implemented to protect preserved sensitive natural communities during and following project construction. Erosion control materials shall be certified as weed free.  Inspection. An ISA certified arborist or ASCA registered consulting arborist shall inspect the preserved trees adjacent to grading and construction activity on a monthly basis for the duration of the grading and construction activities. A report summarizing site conditions, observations, tree health, and recommendations for minimizing tree damage shall be submitted by the registered consulting arborist following each inspection. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 19 Post-construction  Mulch. The contractors shall ensure that the natural duff layer under all trees adjacent to construction activities shall be maintained. This would stabilize soil temperatures in root zones, conserve soil moisture, and reduce erosion. The contractors shall ensure that the mulch be kept clear of the trunk base to avoid creating conditions favorable to the establishment and growth of decay causing fungal pathogens. Should it be necessary to add organic mulch beneath retained oak trees, packaged or commercial oak leaf mulch shall not be used as it may contain root fungus. Also, the use of redwood chips shall be avoided as certain inhibitive chemicals may be present in the wood. Other wood chips and crushed walnut shells can be used, but the best mulch that provides a source of nutrients for the tree is its own leaf litter. Any added organic mulch added by the contractors shall be applied to a maximum depth of 4 inches where possible.  Watering Adjacent Plant Material. All installed landscaping plants near the preserved sensitive natural communities shall require moderate to low levels of water. The surrounding plants shall be watered infrequently with deep soaks and allowed to dry out in-between, rather than frequent light irrigation. The soil shall not be allowed to become saturated or stay continually wet, nor should drainage allow ponding of water. Irrigation spray shall not hit the trunk of any tree. The contractors shall maintain a 30-inch dry-zone around all tree trunks. An above ground micro-spray irrigation system shall be used in lieu of typical underground pop- up sprays.  Monitoring. An ISA certified arborist or ASCA registered consulting arborist shall inspect the trees preserved on the site adjacent to construction activities for a period of two years following the completion of construction. Monitoring visits shall be completed quarterly, totaling eight visits. Following each monitoring visit, a report summarizing site conditions, observations, tree health, and recommendations for promoting tree health shall be submitted to the city. Additionally, any tree mortality shall be noted and any tree dying during the two- year monitoring period shall be replaced at a minimum 3:1 ratio on-site in coordination with the city. Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measure BIO-6, which requires a tree survey to be conducted, and measures to be implemented prior to, during, and following construction, would reduce impacts to protected trees. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact BIO-5. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 20 Impact BIO-6 The proposed project (specifically Sites 4, 6, 9, and 17) may conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans. This impact would be less than significant with mitigation incorporated. Facts in Support of Finding: Implementation of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4 (listed under Impact BIO-1, Impact BIO-2) as well as mitigation measures BIO-7 and BIO-8 would reduce any conflicts with Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans to a less than significant level. Mitigation Measures: MM BIO-7: HMP Minor Amendments Prior to project approval at Site 4, 6, 7, 9 and 17, each project shall be analyzed for consistency with the HMP in coordination with responsible agencies including CDFW and USFWS. Development may not occur within an Existing or Proposed Hardline. Any revisions to the HMP hardline boundary to allow for development on these sites shall require a HMP minor amendment, to be processed as an Equivalency Finding. Such boundary revisions must not involve any revisions the HMP operations or implementation, produce any adverse effects on the environment that are new or significantly different from those previously analyzed, result in additional take not previously analyzed, or reduce the acreage or quality of the habitat within the HMP. Any loss of HMP hardline shall be replaced with equal or greater acres of hardline, adjacent to existing hardline elsewhere in the city, and preserved and managed in accordance with the HMP. Any development within the Standards Area portion of Site 4 shall require a HMP Minor Amendment, to be processed as a Consistency Finding, which requires consistency with the HMP Planning Standards for Local Facilities Management Zone 15. MM BIO-8: HMP Adjacency Standards Projects within sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 shall evaluate potential indirect impacts, such as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat and species adjacent to the proposed development. Projects shall be consistent with the HMP Adjacency Standards (Section F-3). Findings: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4 (discussed above under Impact BIO-1, BIO-2), BIO-7 and BIO-8, which requires development on Sites 4, 6, 7, 9, and 17 to be analyzed for consistency with the HMP and for development on Sites 1, 2, 4, 6, 7, 8, 9, 17, 18, 19 to be evaluated for consistency with HMP Adjacency Standards, would reduce impacts related to an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact BIO-1. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 21 5.3 Noise Impact NOI-3 Project development would not involve operational activities that would result in substantial vibration levels. However, use of pile driving or a vibratory roller could potentially generate vibration exceeding thresholds for buildings or structures susceptible to damage (e.g., historic structures). This impact would be less than significant with mitigation. Facts in Support of Finding: Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measure NOI-2, which requires the creation of a vibration control plan, would reduce impacts related to construction vibration to a less than significant level. Mitigation Measures: MM NOI-2: Vibration Control Plan For construction activities involving vibratory rollers within 50 feet of a structure or pile drivers (impact or sonic) within 140 feet of a structure, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods required to minimize vibration, including, but not limited to:  Alternative installation methods for pile driving (e.g., pile cushioning, drilled piles, cast- in-place systems) within 140 feet of a building to reduce impacts associated with seating the pile  Vibration monitoring prior to and during pile driving operations occurring within 140 feet of a building  Use of rubber-tired equipment rather than metal-tracked equipment  Avoiding the use of vibrating equipment when allowed by best engineering practices The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions at potentially affected extremely fragile buildings/historical resources and/or residential structures. The survey letter shall determine conditions that exist prior to the commencement of construction activities for use in evaluating potential damages caused by construction. Fixtures and finishes susceptible to damage shall be documented photographically and in writing prior to construction. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer shall issue a follow-up letter describing damage, if any, to impacted buildings and structures. The letter shall include recommendations for any repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24). Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 22 A Statement of Compliance signed by the applicant and owner shall be submitted to the city’ Building and Safety Division at plan check and prior to the issuance of any permit. The Vibration Control Plan, prepared as outlined above shall be documented by a qualified structural engineer, and shall be provided to the city upon request. Findings: Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact NOI-3. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). 5.4 Cultural and Tribal Cultural Resources Impact CUL-4 Development facilitated by the proposed project could adversely impact tribal cultural resources. Consultation with Native American Tribal representatives is ongoing. This impact would be less than significant with adherence to the Carlsbad Cultural Resource Guidelines and with implementation of mitigation. Facts in Support of Finding: The project’s potential impacts to tribal cultural resources would be mitigated to a level less than significant with the implementation of Mitigation Measure CUL-1 which sets forth procedures for consultation with Native American Tribal representatives and treatment if identified resources. Mitigation Measures: MM CUL-1: Tribal Cultural Resources Projects subject to discretionary actions shall comply with the city's Tribal, Cultural, and Paleontological Resources Guidelines. For ministerial projects, the city shall provide Traditionally and Culturally Affiliated Luiseño tribes (“TCA Tribe”) with early notification and the opportunity to consult on development applications and identify and assess impacts to tribal and cultural resources. Further, before commencement of any ground-disturbing activities, the project developer shall comply with the following requirements to ensure the appropriate response to the presence of any tribal and cultural resources: a. Retain the services of a qualified archaeologist who shall be on-site for ground-disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseño Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with a TCA tribe. This agreement will address provision of a Luiseño Native American monitor and contain provisions to address the Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 23 proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The Agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and may include the following provisions. i. A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, exploratory geotechnical investigations/borings for contractor bidding purposes, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. ii. Any and all uncovered artifacts of Luiseño Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians or other Luiseño Tribe, 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. iii. The Luiseño Native American monitor shall be present at the project’s pre-construction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as to consult with the archaeologist PI (principal investigator) concerning the proposed archaeologist techniques and/or strategies for the project. iv. 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 earthmoving 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. v. 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 or other Luiseño tribe 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 or other Luiseño tribe shall be consulted regarding the drafting and finalization of any such recovery plan. vi. 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 or other Luiseño tribe for dignified and respectful treatment in accordance with their cultural and spiritual traditions. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 24 vii. 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, 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. viii. 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 archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources. ix. 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 or other Luiseño tribe. x. Prior to the completion of project construction, 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 Project Archaeologist, along with the Luiseño Native American monitor’s notes and comments, to the City of Carlsbad for approval, and shall be submitted to the South Coastal Information Center. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. c. Furthermore, the Agreement may include additional measures mutually agreed upon by the project developer, city, and TCA Tribe such as evaluation of the project site’s pre- construction conditions for the presence or potential presence of TCRs as well as other measures tailored to and deemed necessary for the specific project. Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that implementation of mitigation measure CUL-1, which would require coordination with Native American Tribal representatives, would reduce impacts to tribal cultural resources. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project which would avoid or substantially lessen the significant environmental effect identified in the Final SEIR as Impact CUL-4. Therefore, impacts would be less than significant with mitigation. (Finding (1); CEQA Guidelines Section 15091(a)(1)). Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 25 6 Findings and Recommendations Regarding Significant Impacts The Final SEIR examined the environmental impacts of the proposed project in the areas of aesthetics; air quality; biological resources; cultural and tribal cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services and recreation, transportation, utilities and service systems, and wildfire. The Draft SEIR found potentially significant impacts in the areas of air quality, cultural and tribal cultural resources, greenhouse gas emissions, noise, and transportation. Despite identifying policies and mitigation measures that would reduce the potentially significant impacts, each of these significant impacts was considered significant and unavoidable. In determining the significance of the environmental effects, it is important to emphasize that in issue areas when uncertainty surrounds impacts at a program level, the SEIR analysis uses a conservative approach to both assessment and conclusions. Due to the program level of analysis in the SEIR and lack of project-specific development plans, it is not possible at this time to define the exact extent of potential impacts, so it is not possible to ascertain with certainty whether the identified mitigation measures will reduce impacts to levels considered “less than significant.” Future development proposals will be subject to site-specific, project-level environmental analysis pursuant to CEQA Guidelines Section 15168. The following subsections list each significant or potentially significant environmental impact by issue area in the order it appears in the Draft SEIR and includes proposed mitigation measures. A full documentation of the environmental analysis and conclusions is in the Final EIR, which is incorporated by reference. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 26 6.1 Air Quality Impact AQ-2 Implementation of the proposed project would violate air quality standards or contribute to an existing air quality violation because project-related emissions would exceed SDAPCD thresholds. Similarly, the proposed project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is nonattainment under applicable federal or state ambient air quality standards. This impact would be significant and unavoidable. Facts in Support of Finding: Implementation of mitigation measure AQ-2 and compliance with applicable general plan policies would reduce impacts to the extent feasible, however it would be speculative to quantify such emissions at this time as the details of the individual projects are not known. Therefore, impacts would remain significant and unavoidable. Mitigation Measures MM AQ-2: Operational Emissions Reductions During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall require each project to determine operational air quality emissions from the project. For projects that exceed regulatory SDCAPCD thresholds, mitigation shall be implemented to reduce impacts to below the regulatory thresholds or to the maximum extent feasible implementing all feasible mitigation. The following represents some measures aimed at reducing air pollutant emissions from operational sources. This is not an exhaustive list of measures, and individual projects shall incorporate measures that best fit each project design. Use architectural coating materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or have a low-volatile organic compound (VOC) content (below 10 grams per liter). Where such VOC coatings are not available or feasible, the coating with the lowest VOC rating available shall be used. These measures shall be noted on all construction plans, and the city shall perform periodic site inspections during construction to verify compliance.  Prohibit the installation of woodstoves, hearths, and fireplaces in new construction facilitated by the proposed project.  Expand and facilitate completion of planned networks of active transportation infrastructure.  Implement EV charging infrastructure beyond requirements set forth in the 2022 CalGreen mandatory measures. Such requirements would be equivalent to the Tier 2 voluntary measures set forth in the 2022 CalGreen standards.  Implement traffic demand measures, such as unbundling parking fees from rent/lease options, encouraging/developing a ride-share program for the community, and provide car/bike sharing services, that will reduce daily individual car usage and reduce project VMT Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 27 Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that although implementation of mitigation measure AQ-2, which requires each project to determine operational air quality emissions from the project and incorporate measures to reduce emissions if the project would exceed regulatory SDCAPCD thresholds, would reduce operational emissions from future development under the proposed project, it would be speculative to quantify such emissions at this time as the details of the individual projects are not known. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, therefore, impacts would remain significant and unavoidable. (Finding (3); CEQA Guidelines Section 15091(a)(3)). Overriding Considerations The environmental, economic, social, and other benefits of the proposed project as stated more fully in the Statement of Overriding Considerations in Section 9, override any remaining significant adverse impact of the proposed project associated with impacts to operational air quality. 6.2 Cultural and Tribal Cultural Resources Impact CUL-1 Development facilitated by the project could impact known and previously unidentified historical resources. Impacts to historical resources would be significant and unavoidable. Facts in Support of Finding: No feasible mitigation measures are required beyond adherence to applicable General Plan policies, the Historic Preservation Ordinance, and the relevant provisions of the Carlsbad Cultural Resource Guidelines. As explained in the SEIR, measures to reduce impacts outlined above would not in all cases avoid impacts to historical resources. Therefore, impacts to historical resources would be significant and unavoidable. Mitigation Measures No mitigation measures are required because adherence to the relevant General Plan policies, the Historic Preservation Ordinance, and the relevant provisions of the Carlsbad Cultural Resource Guidelines would reduce impacts to the maximum extent feasible. No other feasible mitigation measures are available. Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that there are no feasible mitigation measures beyond adherence to the relevant General Plan policies, the Historic Preservation Ordinance, and the relevant provisions of the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines. Adherence to these measures would not in all cases avoid impacts to historical resources. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible the mitigation Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 28 measures or project alternatives identified in the final EIR, therefore, impacts would remain significant and unavoidable. (Finding (3); CEQA Guidelines Section 15091(a)(3)). Overriding Considerations The environmental, economic, social, and other benefits of the proposed project as stated more fully in the Statement of Overriding Considerations in Section 9, override any remaining significant adverse impact of the proposed project associated with impacts to historic resources. 6.3 Greenhouse Gas Emissions Impact GHG-1 New residential development facilitated by the proposed project would generate temporary and long-term increases in GHG emissions. Because the proposed project includes additional housing not included in forecasting or reduction goals in those plans, the proposed project would conflict with the GHG emissions goals of the City of Carlsbad Climate Action Plan and 2015 General Plan. This impact would be significant and unavoidable. Facts in Support of Finding: Implementation of Mitigation Measure GHG-1 would ensure that the updated City of Carlsbad Climate Action Plan (CAP) includes the additional housing units included in the proposed project within its forecasts and emissions reduction goals and would ensure that development facilitated by the project after the CAP is updated would be consistent with State emissions goals. However, individual projects that may occur prior to the adoption of the updated CAP would not be guaranteed to be consistent with State emissions goals. Until the updated CAP and any emission thresholds or updated checklists are adopted, implementation of the proposed project would not be consistent with State GHG reduction plans. If and when the city’s CAP is in accordance with statewide emissions targets and accounting for growth under the proposed project, this impact may be reduced to less than significant. Therefore, until the city updates the CAP in accordance with Mitigation Measure GHG-1, the project’s impacts related to greenhouse gas (GHG) emissions would be significant and unavoidable. Mitigation Measures MM GHG-1: Update City of Carlsbad Climate Action Plan The City shall draft and City Council shall adopt an updated CAP within 12-18 months of adoption of this SEIR. An updated CAP shall include targets that reflect those set by SB 32 to reduce GHG emissions by 40 percent below the 1990 levels by 2030 and AB 1279 reduce GHG emissions by 85 percent below 1990 levels by 2045. Implementation measures in an updated CAP to achieve the 2030 and 2045 targets shall include measures such as, but are not limited to, the following:  Develop and adopt an updated building energy efficiency ordinance, or “reach code” for existing and proposed structures;  Expand charging infrastructure and parking for electric vehicles; Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 29  Implement carbon sequestration by expanding the urban forest; and,  Implement policies and measures included in the 2022 California Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations. As part of the updated CAP, the City shall establish CEQA GHG Emissions Thresholds of Significance and an updated CAP Consistency Checklist that are consistent with the updated CAP for use in future CEQA GHG emissions analyses through 2030 and consistent with SB 32. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA GHG emissions thresholds of significance and CAP Consistency Checklist to be consistent with each CAP update. Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that although implementation of mitigation measure GHG-1, which requires an update to the Carlsbad CAP, would reduce greenhouse gas emissions, impacts would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, therefore, impacts would remain significant and unavoidable. (Finding (3); CEQA Guidelines Section 15091(a)(3)). Overriding Considerations The environmental, economic, social, and other benefits of the proposed project, as stated more fully in the Statement of Overriding Considerations in Section 9, override any remaining significant adverse impact of the proposed project related to greenhouse gas emissions. 6.4 Noise Impact NOI-1 Construction would be required to comply with the allowed daytime construction hours regulated by the Carlsbad Municipal Code and, therefore, would not occur during nighttime hours when people are more sensitive to noise. Implementation of Mitigation Measure NOI-1 would reduce construction noise levels for larger developments; however, construction noise may still exceed thresholds and this impact would be significant and unavoidable. Facts in Support of Finding: Mitigation Measure NOI-1 would reduce construction noise impacts whenever a development project is located within 500 feet of a noise-sensitive land use (e.g., residences, schools, libraries, hospitals) and includes one or more of the following components: • Two subterranean levels or more (generally more than 20,000 cubic yards of excavated soil material); • Construction durations of 18 months or more (excluding interior finishing); • Use of large, heavy-duty equipment rated 300 horsepower or greater; or Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 30 • The potential for pile driving. For example, measures such as a temporary noise barrier can reduce noise levels from 5 dBA to 15 dBA, which would reduce construction noise levels from typical development to below 80 dBA Leq during an 8-hour period. However, given that exact details of future construction projects are unknown at this time, it is conservatively assumed that construction noise may exceed applicable thresholds, even with implementation of Mitigation Measure NOI-1, and this impact would be significant and unavoidable. Mitigation Measures MM NOI-1: Construction Noise Reduction Measures The following construction noise reduction measures shall be implemented during project construction:  Shielding and Silencing. Power construction equipment (including combustion engines), fixed or mobile, shall be equipped with noise shielding and silencing devices consistent with manufacturer’s standards or the Best Available Control Technology. Equipment shall be properly maintained, and the project applicant or owner shall require construction contractors to keep documentation on-site during earthwork or construction activities demonstrating that the equipment has been maintained in accordance with manufacturer’s specifications.  Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed or screened from off-site noise-sensitive uses to the extent feasible. The equipment enclosure or screen shall be impermeable (i.e., solid material with minimum weight of 2 pounds per square feet) and break the line-of-sight from the equipment and off-site noise-sensitive uses.  Construction Staging Areas. Construction staging areas shall be located as far from noise- sensitive uses as reasonably feasible in consideration of site boundaries, topography, intervening roads and uses, and operational constraints.  Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.  Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.  Workers’ Radios. All noise from workers’ radios, including any on-site music, shall be controlled to a point that they are not audible at off-site noise-sensitive uses.  Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall not be used, except in locations where the underlying geology renders alternative methods Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 31 infeasible, as determined by a soils or geotechnical engineer and documented in a soils report.  Temporary Sound Barriers. Temporary sound barriers, such as walls or sound blankets, shall be positioned between construction activities and noise-sensitive uses when construction equipment is located within a line-of-sight to and within 500 feet of the ground-floor exterior use areas of off-site noise-sensitive uses. Sound barriers shall break the line-of-sight between the construction noise source and the ground-floor exterior use area receiver where modeled levels exceed applicable standards. Placement, orientation, size, and density of acoustical barriers shall be specified by a qualified acoustical consultant.  Noise Complaint Response. Project applicants shall designate an on-site construction project manager who shall be responsible for responding to any complaints about construction noise. This person shall be responsible for responding to concerns of neighboring properties about construction noise disturbance and shall be available for responding to any construction noise complaints during the hours that construction is to take place. They shall also be responsible for determining the cause of the noise complaint (e.g., bad silencer) and shall require that reasonable measures be implemented to correct the problem. A toll-free telephone number and email address shall be posted in a highly visible manner on the construction site at all times and provided in all notices (mailed, online website, and construction site postings) for receiving questions or complaints during construction and shall also include procedures requiring that the on-site construction manager to respond to callers and email messages. The on-site construction project manager shall be required to track complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction and shall notify the city’s Community Development Director of each complaint occurrence.  Project-Specific Construction Noise Study. A Construction Noise Study shall be prepared by a qualified noise expert. The Construction Noise Study shall characterize sources of construction noise, quantify noise levels at noise-sensitive uses (e.g., residences, schools, churches, and hospitals) and identify measures to reduce noise exposure. The Construction Noise Study shall identify reasonably available noise reduction devices or techniques to reduce noise levels to acceptable levels and/or durations including through reliance on any relevant federal, state or local standards or guidelines or accepted industry practices. Noise reduction devices or techniques may include but not be limited to silencers, enclosures, sound barriers, and/or placement of restrictions on equipment or construction techniques (e.g., alternative installation methods to pile driving such as cast-in-place systems or pile cushioning). Each measure in the Construction Noise Study shall identify anticipated noise reductions at noise-sensitive land uses. Project applicants shall be required to comply with all requirements listed above in addition to any additional requirements identified and recommended by the Construction Noise Study and shall maintain proof that notice of, as well as compliance with, the identified measures have been included in contractor agreements. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 32 Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that although implementation of mitigation measure NOI-1, which requires the implementation of construction noise reduction measures, impacts would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, therefore, impacts would remain significant and unavoidable (Finding (3); CEQA Guidelines Section 15091(a)(3)). Overriding Considerations The environmental, economic, social, and other benefits of the proposed project, as stated more fully in the Statement of Overriding Considerations in Section 9, override any remaining significant adverse impact of the proposed project related to noise. 6.5 Transportation Impact T-2 Development facilitated by the proposed project has the potential to interfere with achievement of the VMT reductions set forth in City of Carlsbad VMT Analysis Guidelines. This impact would be significant and unavoidable. Facts in Support of Finding: Because the uncertainty relating to the feasibility of on-site transportation demand management (TDM) measures and the implementation process for individual development projects in diverse project settings, the timing that it will take to implement those measures, and the lack of an off- site mitigation option, the effectiveness of reducing an individual project’s VMT impact to a less than significant level cannot be determined as part of this SEIR. As a result, this impact is identified conservatively as significant and unavoidable with mitigation given the possibility that some projects may not be able to identify and implement measures to reduce the VMT impact to a less-than-significant level. Mitigation Measures MM T-1: Achieve VMT Reductions for Development Projects During the project design and project-level review phases of development projects at the 18 rezone sites, the city shall review each project compared to the City of Carlsbad VMT Analysis Guidelines screening criteria to determine if the submitted project is eligible to be screened out of conducting project-level VMT analysis. If a project meets one or more of the screening criteria, the project is determined to have a less than significant impact to VMT in accordance with the city’s VMT Analysis Guidelines. A project that has not been excluded from the VMT analysis screening process outlined above must undergo a quantitative VMT analysis to determine whether it will have a significant impact on VMT. If it is determined that the project would have a significant impact on VMT (i.e., it does not result in at least a 15 percent reduction in VMT compared to existing conditions), the city shall require the project to implement project-level Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 33 VMT reduction measures, as noted below, prior to project approval and issuance of construction permits. TDM measures and physical measures to reduce VMT are outlined in the City’s VMT Analysis Guidelines and have been identified as potentially VMT reducing in the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The CAPCOA Handbook provides detailed requirements, calculation steps, and limitations for assessing the VMT reduction effectiveness of each measure, including reductions from combinations of measures. Trip reduction strategies may include, but are not limited to, the following: Provision of bus stop improvements or on-site mobility hubs Pedestrian improvements, on-site or off-site, to connect to nearby transit stops, services, schools, shops, etc. Bicycle programs including bike purchase incentives, storage, maintenance programs, and on-site education program Enhancements to the citywide bicycle network Parking reductions and/or fees set at levels sufficient to incentivize transit, active transportation, or shared modes Cash allowances, passes, or other public transit subsidies and purchase incentives Providing enhanced, frequent bus service Implementation of shuttle service Other measures not listed in CAPCOA but are proven to be effective means of reducing the amount of VMT generated by residents include increasing the mix of uses by adding retail or services within a site or within convenient walking distance.2 Although it is unlikely that TDM measures will fully mitigate the impact of the program to a less-than-significant level, CEQA mandates the implementation of feasible mitigation measures to reduce a project or program's level of impact. In this context, Fehr & Peers identified a list of recommended TDM measures from Appendix E of the city's VMT Analysis Guidelines to mitigate the project VMT impact to the extent feasible [as presented in Table 4.13-3 of Section 4.13, Transportation, of this SEIR]. The summary provides an estimate of the effectiveness of these measures and specifies which ones are applicable to areas that have adjacent or near transit. 2 American Planning Association PAS Memo, 2013. “Getting Trip Generation Right: Eliminating the Bias Against Mixed Use Development” by Jerry Walters, Brian Bochner, and Reid Ewing, May. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 34 Findings Based upon the Final SEIR and the entire record before the City Council, the council finds that although implementation of mitigation measure T-1, which requires project-specific VMT analysis and reduction, would reduce impacts to the extent feasible, impacts would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations make infeasible mitigation measures or project alternatives identified in the final EIR, therefore, impacts would remain significant and unavoidable (Finding (3); CEQA Guidelines Section 15091(a)(3)). Overriding Considerations The environmental, economic, social, and other benefits of the proposed project, as stated more fully in the Statement of Overriding Considerations in Section 9, override any remaining significant adverse impact of the proposed project related to noise. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 35 7 Findings and Recommendations Regarding Cumulatively Considerable Impacts An EIR is required to discuss the cumulative impacts of a project when the project’s incremental effect is cumulatively considerable. CEQA Guidelines Section 15130(a). “Cumulatively considerable” means that the incremental effects of the project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. CEQA Guidelines Section 15065(a)(3); Pub. Resources Code Section 21083(b)(2). Section 4, Environmental Impact Analysis, of the Draft SEIR includes analyses of the cumulative impacts of the project in combination with reasonably foreseeable probable future projects which is described in Section 3, Environmental Setting, of the Draft SEIR. The findings in this section are based on the Draft SEIR, the discussion and analysis in which is hereby incorporated in full by this reference. The City of Carlsbad finds that the proposed project will result in cumulatively considerable impacts to air quality, cultural and tribal cultural resources, noise, and transportation. As discussed in Sectio 4.2, Air Quality, of the Draft SEIR, project related air pollution may combine with other cumulative projects (past, present, and reasonably foreseeable future) to violate criteria pollutant standards if the existing background sources cause nonattainment conditions. Air districts manage attainment of the criteria pollutant standards by adopting rules, regulations, and attainment plans, which comprise a multifaceted programmatic approach to such attainment. The geographic scope for analyzing cumulative air quality impacts is the San Diego Air Basin (SDAB). The SDAB is designated a nonattainment area for the ozone National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS), the particulate matter (PM10) CAAQS, and the PM2.5 CAAQS. The SDAB is in attainment of all other NAAQS and CAAQS. Therefore, cumulative air quality impacts related to PM10, PM2.5, and ozone are potentially significant. Additionally, SDAPCD’s approach for assessing cumulative impacts is based on consistency with the latest adopted RAQS. With implementation of Mitigation Measure AQ-1, the proposed project would be consistent with the RAQS. Additionally, SDAPCD best management practices are required for all grading activities in the SDAPCD’s jurisdiction, which would reduce Citywide emissions of ozone precursors, PM10, and PM2.5 from construction facilitated by the proposed project. However, operational emissions resulting from the proposed project would result in exceedances of SDAPCD thresholds, even with implementation of Mitigation Measure AQ-2, and thus would be significant and unavoidable. Therefore, the proposed project’s contribution to cumulative air quality impacts would result in a cumulatively significant impact. Development facilitated by the proposed project would have the potential to impact historical resources. The geographic scope for cumulative cultural resource impacts includes areas in the vicinity Carlsbad, including adjacent unincorporated County land and adjacent incorporated cities. This geographic scope is appropriate for cultural resources because such resources are regionally specific. The geographic scope for cumulative tribal cultural resource impacts includes Luiseño and Kumeyaay/Diegueño traditional territory. This geographic scope is appropriate for tribal cultural resources because tribal cultural resources are regionally specific and determined by the local tribes. Cumulative buildout in this region would have the potential to adversely impact Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 36 cultural and tribal cultural resources. It is possible that future cumulative projects would result in impacts to known or unknown historical resources. While impacts to such resources would be addressed on a case-by-case basis and would likely be subject to mitigation measures similar to those imposed for development facilitated by the project, cumulative development may result in direct or indirect impacts to historical resources. As such, cumulative historical impacts would be significant. Development facilitated by the project would adhere to the provisions of the Carlsbad Cultural Resource Guidelines related to historical resources. However, even after implementation of these guidelines, the proposed project would result in a considerable contribution to this cumulative impact. As discussed in Section 4.10, Noise, of the Draft SEIR, construction of future development projects in the city would produce temporary noise impacts that would be localized to a project site and sensitive receivers within the immediate vicinity. Therefore, only sensitive receivers located in close proximity to each construction site would be potentially affected by each activity. Nonetheless, construction activities associated with individual housing development projects accommodated under the project may overlap for some time with construction activities for other development projects. Typically, if a development site is 500 feet or more away from another site then noise levels would have attenuated to a point that they would not combine to produce a cumulative noise impact. Therefore, construction noise levels would typically become cumulative only if two development sites were to have construction occurring within 500 feet of each other. However, under a worst-case scenario, noise from construction activities for two projects within 1,000 feet of each other could contribute to a cumulative noise impact for sensitive receivers located equidistant between the two construction sites with concurrent on-site activities. Construction activities associated with future development would comply with Chapter 8.48 of the CMC and would occur Monday through Friday from 7 a.m. to 6 p.m. and Saturday 8 a.m. to 6 p.m.; no work shall be conducted on Sundays and any federal holiday. It is anticipated that, with implementation of Mitigation Measure NOI-1, construction noise levels associated with housing development could be reduced below the applicable FTA noise limits for construction noise on a case-by-case basis. Nonetheless, larger development projects could combine together, or combine with smaller development projects, to substantially increase noise levels at specific neighboring noise-sensitive receivers. Mitigation Measure NOI-1 would reduce construction noise impacts from developments to the extent feasible. However, as exact construction details are unknown at this time, even with mitigation the project’s contribution to a cumulative noise impact could be considerable. As discussed in Section 4.13, Transportation, of the Draft SEIR, the analysis for the project is based on VMT per resident. As discussed under Impact T-2, project-specific VMT impacts would be significant which means implies that the project would also have a cumulatively considerable contribution to a significant cumulative impact. Since project-level significance thresholds were designed to support long-term environmental goals, they inherently also address potential cumulative VMT impacts. As such, VMT would be cumulatively considerable. Therefore, the cumulative impact related to VMT would be significant and unavoidable. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 37 8 Project Alternatives An EIR is required to identify a “range of potential alternatives to the project [which] shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one of more of the significant effects” (CEQA Guidelines Section 15126.6(c)). However, pursuant to CEQA Section 15163(b), “the supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.” There is no mandate to include project alternatives in a SEIR. The 2015 General Plan EIR included the evaluation of a range of alternatives selected for their potential to avoid or lessen environmental impacts of the 2015 General Plan. Although not required for a SEIR, in light of the public interest in the project and the anticipated impacts identified for comparison to the existing 2015 General Plan, the city has elected to prepare an alternatives analysis for informational purposes. 8.1 Alternative Analysis The following is a brief summary of the alternatives to the proposed project considered in Section 6, Alternatives, of the Draft SEIR. Section 6 of the Draft SEIR contains a complete discussion of the alternatives and a comparative impact analysis of alternatives. The evaluation of these scenarios will provide clear alternatives based on geography and allow the decision-making body to ultimately decide on one or the other or a hybrid of the two. The goal of the land use scenarios is to provide a comparative analysis, from which the city can "sculpt" the development patterns best suited to the city for inclusion in the Housing Element in conformance with State law. Ultimately, the intention of the Alternatives Analysis was to study alternatives that fully accommodated the RHNA allocation and some percentage of a buffer so the city was confident that the Housing Element can remain compliant with the No Net Loss provisions of State law throughout the remaining portion of the eight-year cycle. ALTERNATIVE 1: NO PROJECT The purpose of evaluating the No Project Alternative is to allow decision-makers to compare the potential impacts of approving the project with the potential impacts of not approving the project. The No Project analysis discusses both the existing conditions at the time the NOP is published as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved. The No Project Alternative, Alternative 1, is defined as a land use pattern comprised of land use trends according to the 2015 General Plan. It assumes that regional growth trends and land use according to the 2015 General Plan would continue, without the Housing Element Implementation and Public Safety Element Update as proposed under the project. Under Alternative 1, population in the Plan Area for 2035 would be 133,410, consistent with the findings of the 2015 General Plan and acknowledging approved residential development since the General Plan’s adoption. The 18 rezone sites would not be developed at the same capacity under this scenario as it would under the proposed project. Under existing zoning, Alternative 1 would result in the development of approximately 506 units on the 18 rezone sites, which would be 2,789 units fewer than the 3,295 units contemplated for the proposed project. Land use projects would be comprised of those that are currently in construction or are implemented through the 2015 Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 38 General Plan updated to reflect current conditions. As land use under the current General Plan still has residential capacity (as well as capacity for new non-residential construction, such as new commercial and industrial buildings), the city would continue to grow in terms of housing units, population, non-residential square footage, and jobs. Findings The No Project Alternative is rejected as infeasible because it would not achieve the proposed project’s objectives. While not an environmental impact under CEQA, this alternative would not be consistent with the required programs of the 2021-2029 Housing Element and the city would be at risk of having the Housing Element decertified by the State if this program is not implemented. Though it may appear to be environmentally superior to the proposed project, as it would result in slightly less greenhouse gas emissions, it would still result in significant impacts related to air quality, cultural and tribal cultural resources, noise, and transportation. ALTERNATIVE 2: REDUCED SITES Alternative 2, Reduced Sites, would include development on most of the rezone sites as identified in the project. However, Alternative 2 would exclude development on rezone sites 3, 8, and 15, which, as identified in Table 2-4 of Section 2, Project Description, would accommodate a net increase (not including units already permitted under current designations) of 137 dwelling units total under the project. Additionally, the number of units on sites 14 and 17 would be increased to accommodate more housing (180 units more than analyzed under the project) near COASTER transit stations, which are operated by North County Transit District. Therefore, development under Alternative 2 would accommodate 43 more dwelling units than the proposed project. Alternative 2 would still achieve project objectives such as facilitating residential development to meet the 2021-2029 RHNA and pursuing an infill strategy to create walkable communities. Findings Alternative 2 is rejected as infeasible because it would not as effectively achieve all the objectives of the proposed project. It is not the environmentally superior alternative and would not avoid or substantially lessen the significant air quality, greenhouse gas, cultural and tribal cultural resources, noise, or transportation impacts of the proposed project. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 39 9 Statement of Overriding Consideration The City of Carlsbad has: (1) independently reviewed the information in the SEIR and the record of proceedings; (2) made a reasonable and good faith effort to avoid or substantially lessen the significant impacts resulting from the proposed project to the extent feasible by including mitigation measures in the SEIR that effectively mitigate potential environmental impacts to the greatest extent feasible; (3) considered the alternatives evaluated in the SEIR and determined that each of them is infeasible for the reasons stated in Section 8 above; and (4) balanced the proposed project’s benefits against the proposed project’s significant unavoidable impacts. The city finds that the proposed project most fully implements the objectives (as stated in Section 2, Project Description, of the SEIR)  Implement the Land Use and Community Design Element, Public Safety Element, and Zoning Ordinance, as amended by this project, to achieve adequate sites for all income groups;  Provide adequate sites, zoned at appropriate densities and development standards, to facilitate residential development and affordability goals set forth in the 2021-2029 RHNA and as identified in the Housing Element.  Pursue an infill strategy to foster compact development patterns, create walkable communities and preserve the natural environment and critical environmental areas;  Expand housing choices to provide a diverse housing inventory to meet the changing needs of the Planning Area, which includes more affordable housing options;  Update the Public Safety Element to comply with existing State laws; and,  Ensure high level of public safety to protect the personal safety and welfare of people who live, work, and visit Carlsbad from crime, pollution, disasters, and other threats and emergencies. The City Council declares that it has adopted all feasible mitigation measures to reduce the proposed project’s environmental impacts to an insignificant level; considered the entire administrative record, including the Final SEIR; and weighed the proposed project’s benefits against its environmental impacts. After doing so, the City Council has determined that the proposed project’s benefits outweigh its significant environmental impacts on air quality, cultural and tribal cultural resources, greenhouse gas emissions, noise, and transportation, and deems them acceptable. The City Council identified the following public benefits in making this determination. Each of these public benefits serves as an independent basis for overriding all unavoidable significant adverse environmental impacts identified in these Findings and the Final SEIR. The City Council considers these impacts to be acceptable, consistent with CEQA Guidelines Section 15093. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 40 The City Council finds adoption and implementation of the proposed project would provide the following economic, social, legal, and other considerable benefits: • The proposed project will ensure that the City of Carlsbad meets its State-mandated RHNA requirements, including the recommended buffer to comply with the State Housing Element Law. • The proposed project will encourage housing affordability, which is desired by the community and will contribute toward alleviating a shortage of housing in Carlsbad and the region. • The proposed project will encourage development of a variety of housing types at a range of income levels and balances the location of future development proposals with tangible, local benefits to residents in the area (e.g., creating opportunities for zoning for a variety of housing types particularly those that may be lacking from the community or neighborhood including multi-family housing, low-barrier navigation centers, group homes, supportive housing, and accessible units.) • The proposed project will expand streamlined approval processes for developments that include affordable units. • The proposed project will encourage the integrated development of housing and balanced living patterns with access to transit, jobs, services, and community benefits in a manner that distributes affordable and special needs housing, including in high resource neighborhoods, and that affirmatively furthers fair housing to ensure equitable access to opportunity. • The proposed project will help sustain existing neighborhoods by allowing development on infill and previously vacant or underutilized sites in Carlsbad. • The proposed project will prioritize sustainability and connectivity by allowing and encouraging housing options that are near public transportation within Carlsbad. • The proposed project will increase Carlsbad’s emergency preparedness and hazard mitigation measures by providing new and expanded safety-related information to residents and policy direction to developers and partner agencies. • The proposed project will ensure that the Public Safety Element complies with existing state laws. Findings of Fact and Statement of Overriding Considerations for the Carlsbad Housing Element Implementation and Public Safety Element Update Project 41 10 Conclusion In summary, after balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City Council finds that the unavoidable adverse environmental impacts identified may be considered “acceptable” due to the specific considerations listed above, which outweigh the unavoidable, adverse environmental impacts of the proposed project. The City Council has considered information contained in the SEIR prepared for the proposed project as well as the public testimony and record of proceedings in which the project was considered. Recognizing that significant unavoidable air quality and transportation impacts may result from implementation of the proposed project, the Council finds that the benefits of the proposed project and overriding considerations outweigh the adverse effects of the proposed project. Having included all feasible mitigation measures and recognized all unavoidable significant impacts, the City Council hereby finds that each of the separate benefits of the proposed project, as stated herein, is determined to be unto itself an overriding consideration, independent of other benefits, that warrants adoption of the proposed project and outweighs and overrides its unavoidable significant effects, and thereby justifies the adoption of the proposed project. In reaching this conclusion and approving the proposed project: 1.The City Council has considered the information contained in the Final SEIR and fully reviewed and considered all of the public testimony, documentation, exhibits, reports, and presentations included in the record of these proceedings. The City Council specifically findsand determines that this Statement of Overriding Considerations is based upon andsupported by substantial evidence in the record. 2.The City Council has carefully weighed the benefits of the proposed project against any adverse impacts identified in the Final SEIR that could not be feasibly mitigated to a level ofinsignificance. While the Council have required all feasible mitigation measures, some impacts remain potentially significant. 3.This Statement of Overriding Considerations applies specifically to those impacts found to bepotentially significant and unavoidable as set forth in the Final SEIR and the record of theseproceedings. RESOLUTION NO. 2024-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE AND COMMUNITY DESIGN ELEMENT, LAND USE MAP (MAP 1, WITH SITES 8 AND 15 REMOVED), PUBLIC SAFETY ELEMENT, AND THE LOCAL COASTAL PROGRAM TO IMPLEMENT OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE RHNA), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021;and WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city's adopted Housing Element as being in substantial compliance consistent with state housing law; and WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement objectives b, c and d of Housing Element Program 1.1 (Provide Adequate Sites to Accommodate the RHNA), implement objective b of Housing Element Program 1.3 (Alternative Housing), and comply with state law, the City Planner has prepared amendments to the General Plan Land Use and Community Design Element, Land Use Map and Public Safety Element (GPA 2022-0001), and to the Local Coastal Program Land Use Plan and Land Use Map (LCPA 2022- 0015), pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, to meet said Housing Element objectives, the city evaluated 18 sites, including for rezoning, to accommodate residential or increased residential units/density: and WHEREAS, on February 15, 2022, staff presented the results of a community engagement effort to the City Council, and the City Council selected two rezone map options (Map 1 and Map 2) and directed staff to proceed with a complete environmental review of rezoning of the sites; and WHEREAS, amendments to the Land Use and Community Design Element (GPA 2022-0001) are shown on Attachment A attached hereto; amendments to the General Plan Land Use Map and Local Coastal Program Land Use Map (GPA 2022-0001/LCPA 2022-0015) are shown on Attachment B Exhibit 2 Jan. 30, 2024 Item #2 Page 22 of 157 attached hereto; and amendments to the Public Safety Element (GPA 2022-0001) are shown on Attachment C attached hereto; and amendments to the Local Coastal Program Land Use Plan are shown on Attachment D attached hereto; and WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 7498 and 7499 recommending that the City Council approve GPA 2022-0001 and LCPA 2022-0015; and WHEREAS, as required by state law, the state Board of Forestry and Fire Protection on December 13, 2023, found the draft Public Safety Element contained the information required to meet the fire safety planning requirements outlined in Government Code Section 65302; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2022- 0015 from October 13, 2023, to November 24, 2023, and no comments were received; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed amendments are conditionally consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS, on January 30, 2024, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and LCPA 2022-0015; and 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, including written public comments, if any, related to GPA 2022-0001 and LCPA 2022-0015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. 3. That the above recitations are true and correct. The findings of the Planning Commission contained in Planning Commission Resolutions No. 7498 and 7499, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. The Map 1 option, with sites 8 and 15 removed, is the preferred option to meet the objectives of the Housing Element. 4.The amendments to the General Plan Land Use and Community Design Element (Attachment A, attached hereto), General Plan Land Use Map and Local Coastal Program Jan. 30, 2024 Item #2 Page 23 of 157 Land Use Map for Map 1 (Attachment B, attached hereto), General Plan Public Safety Element (Attachment C, attached hereto), and Local Coastal Program Land Use Plan (Attachment D, attached hereto), are approved. 5.Staff is authorized to submit the following to the California Coastal Commission for certification: the Local Coastal Program Land Use Plan and Land Use Map amendments approved by this resolution. 6.The approved Local Coastal Program Land Use Plan and Land Use Map shall not become effective until approved and certified by the California Coastal Commission. 7.This action is final on 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: "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 followil)g 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. Jan. 30, 2024 Item #2 Page 24 of 157 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of January, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor � SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 25 of 157 Attachment A Land Use and Community Design Element (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 26 of 157 The Land Use and Community Design (LUCD) Element seeks to enhance the defining attributes of Carlsbad's identity -a small town with neighborhoods nestled betiveen rolling hills; a beach community with miles of easily accessible beaches, lagoons and trails; and a resident population whose stewardship of the city's natural assets and active engagement in community activities serve as reminders of the city's connectedness. This element seeks to activate the ocean waterfront; revitalize the Village and the Barrio; enhance the community's everyday livability; and reinforce Carlsbad's position as a premier center of innovation, employment, and comme1·ce. 2-2 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n This element provides a short context far Carlsbad s existing J.and use pattern and community design character, and highlights strategies and polices for optima[ daielopment patterns. Topics addressed include: • Ot-•eraU city image, form, and structure (small to«in "fee[") • Land use vision • Community connectedness; walkabHity and accessibility • Beach access and actfoicy • Land use designations; density/intensicy standards • Like[y buildout and jobs/housing baiance • Growth management and capacicy • Land use and community design policies 2-3 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.1 Introduction Background and Purpose The LUCD Element directs the location, form, and character of future devel- opment, shaping where people will live, work, play, and shop in Carlsbad. It presents the desirable pattern for the ultimate development of the city for the General Plan horizon (year 2035), and seeks to ensure that land use planning reflects the community’s evolution and changing demographics, conserves the natural environment, and promotes synergies between land uses to promote walking, biking, and sustainable lifestyles. The LUCD Element also includes policies for growth management, ensuring that growth is distributed across the community consistent with infrastructure capacity, and that infrastructure and public facilities keep pace with population growth. The LUCD Element consists of narrative, goals and policies, as well as a Land Use Map and other figures and maps. It also includes land use designations that describe the uses shown on the Land Use Map. Text and maps should be considered collectively as project approvals or future amendments are made. Relationship to State Law State law (Government Code Section 65302(a)) requires general plans to include a Land Use Element. In accordance with state law, the LUCD Element designates the general distribution, location and extent of land for housing, business, industry, open space (including agriculture, natural resources, recreation, and enjoyment of scenic beauty), education, public facilities, and other categories of public and private uses of land. It also includes standards of population density and building intensity for the various areas covered by the General Plan. Community Design is not a required element under state law. Community design policies in this element address topics such as the form, character, and quality of development, to advance the community’s desire to enhance Carlsbad’s setting and quality of life. Relationship to Community Vision While the LUCD Element responds to almost all of the core values of the Carlsbad Community Vision, most closely it furthers: Core Value 1: Small Town Feel, Beach Community Character and Connectedness. Enhance Carlsbad’s defining attributes—its small-town feel and beach community character. Build on the city’s culture of civic engagement, volunteerism and philanthropy. 2-4 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Relationship to Other General Plan Elements The LUCD Element has the broadest scope of all the elements and plays the central role of correlating all land use issues into a set of coherent development policies. Other elements of the General Plan contain goals and policies related to land use, and therefore, must be referred to for a complete understanding of the purposes, intentions and development requirements embodied in the Land Use Element. The street system and design, and transportation improvements in the Mobility Element are closely tied to fulfill transportation needs resultant from the land use pattern, while the Noise Element reflects noise generated from resultant traffic. The Open Space, Conservation and Recreation Element outlines policies to achieve the overall open space system depicted on the Land Use Map and establishes policies and standards for recreation facilities to serve the population resulting from residential, employment and visitor serving land uses. Sites identified in the Housing Element reflect residential designations on the Land Use Map. Relationship to Development Code Carlsbad’s codes governing development include the Zoning Ordinance, Environment Ordinance, Subdivisions Ordinance, Grading and Drainage Ordinances, California Building Code, and Fire Prevention Code. These codes regulate development as described below. In addition to these codes, there are other regulations that govern development in the city, including the Local Coastal Program, Habitat Management Plan and McClellan- Palomar Airport Land Use Compatibility Plan, which are discussed in Section 2.5. 1.Zoning Ordinance (Carlsbad Municipal Code, Title 21). This ordinance implements the General Plan by regulating the distribution and intensity of land uses in such categories as residential, commercial, and industrial. Regulations establish standards for minimum lot size; building height and setback limits; fence heights; parking; and other development parameters within each land use. In the event of an inconsistency between the Zoning Ordinance and the General Plan, the General Plan shall prevail. 2.Environment Ordinance (Carlsbad Municipal Code, Title 19). This ordinance provides for enhancement and protection of the environ- ment within the city by establishing principles, criteria, and procedures for evaluating the environmental impacts of development, consistent with the General Plan, and ensures compliance with the California Environmental Quality Act (CEQA). 3.Subdivisions Ordinance (Carlsbad Municipal Code, Title 20). This ordinance implements Title 7, Division 2 of the California Government Code (Subdivision Map Act), and sets procedures to regulate the division of land. Both the General Plan and the Carlsbad Subdivision Ordinance govern the design of the subdivision, the size of its lots, and 2-5 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n the types of improvements that will be required as conditions of approval. 4.Grading and Drainage Ordinances (Carlsbad Municipal Code, Title 15). The purposes of the grading ordinance are to: establish minimum requirements for grading, including clearing and grubbing of vegeta- tion, in a manner intended to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city. The purposes of the drainage ordinance are to: ensure the timely completion of planned local storm drainage, flood control and water pollution control improvements; and protect and enhance the water quality of the city’s receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and municipal permit. 5.California Building Code (Carlsbad Municipal Code, Title 18). The purpose of this code is to provide standards to safeguard health, property and public welfare by regulating the design, construction, occupancy, and location of buildings within the city. This code is developed by the California Building Standards Commission based on the latest edition of the model codes promulgated by the International Code Council. The State of California also publishes a California Plumbing, Electrical, Mechanical and Energy Code. These California codes for construction are adopted by local jurisdictions throughout California. All residential, industrial and commercial development in the City of Carlsbad must conform to the provisions of these codes. 6.Fire Prevention Code (Carlsbad Municipal Code Title 17). The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations. This code incorporates by reference the California Fire Code, which is developed and updated every three years by the California Building Standards Commission. The city’s Fire Prevention Code also incorporates a number of local amendments necessary to respond to local climatic, geographical, or topographic conditions. 2-6 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2.2 Context: Existing Land Use Pattern The geographically dominant land use in Carlsbad is single-family residential, with neighborhoods distributed throughout the city. Table 2–1 describes the extent of land uses that exist (on the ground), based on the geographic information systems (GIS) database compiled for the General Plan. Residential uses account for 29 percent of the city’s land area, with the largest share attributable to single-family detached homes (21 percent of the city’s land area). As of Jan. 1, 2023, there are 47,613 residential units in the city (Table 2–2). Non-residential uses, including commercial, industrial and hotels, account for 9 percent of the city’s land area. Commercial and industrial uses are primarily concentrated along Palomar Airport Road. Public and quasi- public uses, including city buildings and utilities, account for 5 percent of the city’s total acreage. As shown in Table 2–2, there are 18.1 million square feet of industrial and research and development/flex space, and 5.6 million square feet of office space. Hotels are scattered throughout the city, taking advantage of freeway access, the airport and proximity to major activity and employment centers, including LEGOLAND, beaches, lagoons, golf courses, the Village, and business parks. Natural vegetation remains in and around the three lagoons and on the higher, steeper-sloped, inland portions of the city. In fact, open space uses constitute the largest proportion of land use in the city. Five percent of the city’s land area is used for parks and recreation, 2 percent for agriculture and 32 percent as other open space or natural areas. Three percent of land is undeveloped or vacant (this excludes the undeveloped areas designated as open space). Although some of the vacant land is available for development, some sections may not be developable due to site constraints, such as steep slopes or natural habitat that is protected pursuant to the city’s Habitat Management Plan (HMP). For detailed discussion regarding existing land use patterns and issues, see Envision Carlsbad Working Paper 6: Small Town Feel, Beach Community Character and Connectedness; Neighborhood Revitalization, Community Design and Livability. 2-7 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2–1: EXISTING (2022) LAND USES LAND USE ACRES PERCENT OF TOTAL Residential 7,220 29% Spaced Rural Residential 67 <1% Single Family Detached 5,204 21% Single Family Multiple Units 886 4% Mobile Homes 180 <1% Multi-Family 879 4% Residential Under Construction 5 <1% Commercial/Industrial 2,276 9% Shopping Centers 298 1% Hotel, Motel, Resort 203 <1% Commercial 204 <1% Office 353 1% Industrial 1,217 5% Public/Quasi-Public 1,195 5% Education/Institutional 579 2% Transportation, Communication, Utilities 616 3% Agriculture/Open Space/Recreation 9,813 39% Agriculture 544 2% Open Space 8,080 32% Recreation 1,189 5% Others 4,548 18% Undeveloped/Vacant 826 3% Mixed Use 10.55 <1% ROW 3,711 15% GRAND TOTAL 25,053 100% Numbers and percentages may not add up due to rounding. Planned land uses, such as open space, may differ from existing land uses shown in this table. In addition, some “undeveloped/vacant” land may have been developed since the date of SANDAG’s data, while some “under construction” may have been completed. Source: SANDAG, 2023 TABLE 2–2: EXISTING INVENTORY OF RESIDENTIAL AND NON-RESIDENTIAL USES UNITS/SQUARE FEET Residential (Units) 47,613 Single-family (attached and detached), multifamily, mobile homes, and mixed-use residential units 47,003 Accessory dwelling units 6101 Non-Residential (square feet/hotel rooms) 28,282,930/5,067 Industrial and R&D/flex inventory 18,059,521 Office-inventory 5,653,775 Retail 4,569,634 Hotel rooms 5,067 1. Accessory dwelling units are not counted for Growth Management purposes as described in Section 2.6. Source: City of Carlsbad, 2023 2-8 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Rolling hills, beaches, lagoons, and built infrastructure frame Carlsbad’s physical form. 2.3 Vision and Strategies Overall City Image, Form, and Structure Rolling hills and other natural features and built infrastructure frame Carlsbad’s physical form, affecting development opportunities and the circulation network. Natural areas and open spaces include lagoons and the ocean, hillsides, habitats, and parks. The coastline and beaches are prominent visual amenities that offer beautiful views and recreation opportunities. The railroad and Interstate-5 traverse the city lengthwise and are located one-quarter- and one-half-mile, respectively, from the ocean. The only major north-south roads are Carlsbad Boulevard (along the coast) and El Camino Real (approximately two and one-half miles east of the coast), while six major roads traverse east-west. Interspersed between the natural features and this infrastructure are clusters of urban uses – the airport and the adjacent employment core at the geographic center of the community, surrounded by residential neighborhoods, shopping centers, hotels, and other uses. The northwest area of Carlsbad, generally north of Palomar Airport Road and west of El Camino Real, represents the original area of the city’s incorporation in 1952; at the time, the city included a commercial center (the Village) and the city’s original neighborhoods, which were built on a grid street system and primarily located west of Interstate-5 and north of Tamarack Avenue. Following incorporation in 1952, the city grew slowly until the 1980s when development rapidly expanded outward to the east and south in a dispersed urban form, resulting in the Village being located more than five miles from neighborhoods in the southern part of the city. (See Figure 1-2: City Evolution) Looking ahead, the Carlsbad Community Vision core value of Small Town Feel, Beach Community Character, and Connectedness expresses a desire to reinforce the defining attributes of the city’s identity. When juxtaposed onto the physical landscape, this means maintaining Carlsbad’s image of a small town where neighborhoods are nestled between rolling hills; a beach community with miles of easily accessible beaches, lagoons and trails; and a resident population whose stewardship of the city’s natural assets, heritage, public art, and active engagement in community activities serve as reminders of the city’s connectedness. The General Plan seeks to ensure that Carlsbad’s small-town “feel” will be maintained through the scale of development, and promotes planning practices that foster greater connections between neighborhoods and uses. Appropriately scaled development will ensure that mature trees and expansive open spaces dominate much of the city’s landscape, with clustered opportunities for urban-scaled development. 2-9 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Land Use Vision The General Plan guides Carlsbad’s evolution toward an increasingly balanced community, with a full range and variety of land uses, housing for all income groups and lifestyles, and places for businesses large and small. Much of Carlsbad—outside of the Village and the Barrio—was developed in an auto-centric era, with separation between uses. Looking ahead, the community envisions a future in which there is a greater mix of uses, density is linked to public transportation, and services are available closer to existing neighborhoods. The General Plan also seeks revitalization of older neighborhoods. While much of the city will not change in the coming years, a mix of activities in strategic locations in closer proximity to one another, rather than isolated single uses, will reduce distances to destinations. The General Plan also encourages development of housing and activities near public transportation and services, as well as appropriate opportunities for vertical mixed-use development (such as housing or offices above retail) in the Village and mixed-use centers. Recreation facilities will be developed closer to or within existing neighborhoods, and new neighborhood-scale services will be provided in convenient and sensible locations compatible with the surrounding residential uses. These approaches will accommodate growth while protecting open space, community character, and quality of life, and recognizing that change may be limited in established neighborhoods. The General Plan combines an active waterfront strategy with development of pedestrian-oriented shopping centers in strategic locations throughout the city, while maintaining the employment core in the McClellan-Palomar Airport area: ▪The active waterfront strategy will enable new development along or close to the ocean coastline, along with a new public promenade and open spaces, enabling residences, restaurants, hotels, and other uses to be close to the ocean. ▪The neighborhood-centers strategy will result in pedestrian- oriented shopping centers that are located to maximize accessibility from residential neighborhoods. Where appropriate, these centers would also include high and medium density housing surrounding the retail uses or integrated in mixed-use buildings. ▪The employment strategy for the McClellan-Palomar Airport area will result in continued growth as the employment center of the city with residential uses in appropriate locations, enabling workers to live close to jobs. 2-10 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Coastal access and trail along the railroad corridor. Beach Access and Activity The ocean and the beaches are some of Carlsbad’s principal physical assets, giving the city its identity, and providing opportunities for recreation and scenic vistas from streets and buildings. Connections between the built form and the city’s beaches and long coastline suggest a slower pace of life, projecting a “village by the sea” character that community members relish. However, the beach is difficult to access—in the Village, access to the beach is limited and often found along narrow stairways between residences that front the beach; connection from the Barrio to the beach is cutoff by the railroad tracks. From other neighborhoods east of I-5, accessing the beach can require circuitous travel along the limited number of east-west connections. The waterfront also lacks activities and uses, such as restaurants, cafés, stores, entertainment, and visitor uses that would serve as a draw and enhance the community’s enjoyment of the city’s waterfront location. Through the Envision Carlsbad process, the community expressed an over- whelming preference for an active waterfront development strategy, which provides opportunities for activities and uses to be more integrated with the ocean. Implementation of the General Plan will ensure that residents and visitors will enjoy more opportunities for dining, shopping, and recreating along the coastline. Access to the beach will be enhanced through new pedestrian and bicycle connections, additional visitor commercial uses, open space, parking, and amenities such as showers and bathrooms. Community Connectedness Despite its geographic size, Carlsbad has a small town feel and is family-ori- ented, progressive, multi-generational, and stable. Residents share a community spirit and culture of volunteerism and philanthropy, making relationships one of the most valuable aspects about the Carlsbad community. Community members value the cultural acceptance and diversity in the city, and the way old and new lifestyles come together. The majority of Carlsbad’s employment, shopping and visitor facilities are only accessible by car, which precludes walking or bicycling to nearby services and amenities—a common small-town quality. In general, the city’s past land use policies have favored these larger, car-oriented shopping centers over smaller, neighborhood-serving commercial uses. This General Plan seeks to establish a physically more knitted community, which in turn would foster social connections. Walkability and Accessibility Community input during the Envision Carlsbad process emphasized the desire for enhanced walkability in the city by providing services and amenities closer to where people live, by providing more walking routes and by making existing routes safer and more appealing. 2-11 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Pedestrian-attracting land uses include the Village commercial areas and the coastline. Particularly in older neighborhoods such as the Village and Barrio, community members walk to services, to and from school, utilizing the grid network of streets and sidewalks. While some new neighborhoods, such as Bressi Ranch, have been designed from the ground up with pedestrian- oriented neighborhood centers and a gridded street network, walkability remains a challenge in much of the rest of the city because of the dispersed, low-density development pattern that emphasizes separation of uses, and widely spaced streets. In the residential neighborhoods nestled in hillsides, walkability is more challenging, with hilly topography, fewer routes and longer distances to cover. This General Plan promotes a multilayered strategy to promote walkability and accessibility: ▪A greater mix and integration of uses in different parts of the community. ▪Designation of commercial centers —with residential uses allowed on or near these sites—to provide essential commercial services closer to residents. ▪New and enhanced pedestrian orientation between neighborhoods and between new shopping centers and adjacent neighborhoods, with development designed to foster greater pedestrian convenience and comfort. 2-12 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2.4 Land Use Designations and Density/Intensity Standards Land Use Designations The following descriptions apply to land use designations shown with color, shade, or symbol on Figure 2-1 Land Use. The designations in this section represent adopted city policy. They are meant to be broad enough to give the city flexibility in implementing the General Plan, but clear enough to provide sufficient direction regarding the expected type, location and relation of land uses planned in the city. The City’s Zoning Ordinance contains more detailed provisions and standards. More than one zoning district may be consistent with a single General Plan land use designation. As specified in the Zoning Ordinance, all land use designations may include public facilities, such as community centers, city libraries, and parks and open spaces. Residential Residential land use designations are established to provide for development of a full range of housing types. Densities are stated as number of dwelling units per net acre of developable land—that is, parcel area exclusive of area subject to development constraints, as described later in this section. Residential development is required to be within the density range (both maximum and minimum) specified in the applicable designation, unless otherwise stated in this element. Growth management policies, as specified in this element, and development standards established in the Zoning Ordinance may limit attainment of maximum densities. Residential density shall not include accessory dwelling units permitted by the Zoning Ordinance. Residential density is applied to overall parcel area, excluding land that is undevelopable (as described later in this section) and, in mixed-use developments, excluding area devoted to non-residential uses; clustering is permitted in all residential designations to encourage open space conservation and preservation of natural topography; this may result in portions of a site developed at a density higher than the applicable density range, which is acceptable as long as the density for the overall net development site is not exceeded. Allowable residential densities are shown in Table 2–3. For some residential designations, housing types are specified in addition to density; in such cases development should be of the specified type. Regardless, if clustering is used to enhance open space conservation or reduce the need for grading, the city may permit housing types other than those specified, subject to specific review requirements. 2-13 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n New single-family and multi- family housing development in Carlsbad. R-1.5 Residential Areas intended to be developed with detached single-family dwellings on parcels one-half acre or larger, at a density between 0 to 1.5 dwelling units per acre. The typical housing type will be detached single-family (one dwelling per lot); however, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development may be clustered on smaller lots and may consist of more than one detached single-family dwelling on a lot, two-family dwellings (two attached dwellings, including one unit above the other) or multi-family dwellings (three or more attached dwellings), subject to specific review and community design requirements. R-4 Residential Areas intended to be developed with detached single-family dwellings at a density between 0 to 4 dwelling units per acre. The typical housing type will be detached single-family (one dwelling per lot); however, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development may be clustered on smaller lots and may consist of more than one detached single-family dwelling on a lot, two-family dwellings (two attached dwellings, including one unit above the other) or multi-family dwellings (three or more attached dwellings), subject to specific review and community design requirements. R-8 Residential Areas intended to be developed with housing at a density between 4 to 8 dwelling units per acre. Housing types may include detached single-family dwellings (one or more dwellings per lot), two-family dwellings (two attached dwellings, including one unit above the other) and multi-family dwellings (three or more attached dwellings). R-15 Residential Areas intended to be developed with housing at a density between 11.5 to 15 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the oth er) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted on small lots or when developed as two or more units on one lot, subject to specific review and community design requirements. R-23 Residential Areas intended to be developed with housing at a density between 19 to 23 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the other) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted when developed as two or more units on one lot, subject to specific review and community design requirements. 2-14 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Village mixed uses, and commercial center with outdoor dining. R-30 Residential Areas intended to be developed with housing at a density between 26.5 to 30 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the other) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted when developed as two or more units on one lot, subject to specific review and community design requirements. R-35 Residential Areas intended to be developed with housing at a density between 32.5 to 35 dwelling units per acre. Housing types may include multi-family dwellings (three or more attached dwellings), which are typical of high density housing. Detached single-family dwellings are not permitted. R-40 Residential Areas intended to be developed with housing at a density between 37.5 to 40 dwelling units per acre. Housing types may include multi-family dwellings (three or more attached dwellings), which are typical of high density housing. Detached single-family dwellings are not permitted. Non-Residential and Mixed Use Village-Barrio (V-B) This designation applies to the heart of “old” Carlsbad, in the area sometimes also referred to as the “downtown,” as well as the adjacent Barrio neighborhood. Retail stores, offices, financial institutions, are permitted. The Village and Barrio area is regulated by the Village and Barrio Master Plan. Local Shopping Center (L) This designation includes shopping centers with tenants that serve the daily needs of the surrounding local neighborhoods , as described in Table 2–4. Uses that are more community serving in nature, as well as mixed use (neighborhood serving commercial uses and residential dwellings), may also be allowed. General Commercial (GC) This designation includes sites that provide general commercial uses that may be neighborhood serving and/or serve a broader area of the community than local shopping centers. Sites with this designation may be developed with a stand-alone general commercial use, two or more general commercial uses, or mixed use (general commercial uses and residential dwellings), as described in Table 2–4. Pac,f,c 0 cc a r Note: This land use map was adopted as part of the General Plan Update in 2015. For the current map, please consult the Planning Division. For land use map changes proposed by the project, please see Exhibit 2 of the January 30, 2024 City Council staff report. ' \ ··-···-··� --� ........ Gtyo( San Marcos Figure 2-1: Land Use Map R-1.5, Residential 0-1.5 du/ac R-4, Residential 0-4 du/ac -R.a,Residential 4a du/ac -R-15,Residential 8-15 du/ac -R-1 Sil, Residential 8-15 du/ac/Local Shopping Center -R-ISNC,Residential 8-15 du/acNisitor Commercial R-15/O, Residential 8-15 du/ac / Office -R-23,Residential 15-23 du/ac -R-30,Residential 23-30 du/ac -V,Vollage -L,L.ocal Shopping Center -GC,General Commercial -VC,Vositor Commercial VC/OS,Vositor Commercial/Open Space -R,Re� Commercial Pl, Planned Industrial Pl/0, Planned lndustriaVOffice O,Office -P,Public CF. Community Facilities -OS, Open Space -TC.Transportation Conidor "--• Coastal Zone = Highways = Major Street = = = = = Planned Street �� Railroad (;;\�'rh;J Lagoons Right ofWay .... -.. """\ l_ ____ _i City Limits Airport Influence Area � Review Area I .... .... Review Area 2 SOOACRES 100 ACRES 0.5 Hiles Source: City of Carlsbad, 2013;SANDAG, 2013: Dyett & Bhatia, 2013. 2·15 - 5J 2-16 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n Regional Commercial (R) This designation includes shopping centers with anchor and secondary tenants that are region-serving, as well as mixed use (regional commercial uses and residential dwellings), as described in Table 2–4. Visitor Commercial (VC) This designation is intended to provide sites for commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents, as described in Table 2–4. Office (O) This designation provides for a wide range of general office, medical, and other professional uses. Ancillary commercial uses are also permitted. Planned Industrial (PI) This designation is intended to provide and protect industrial lands primarily for corporate office, research and development (R&D) and manufacturing uses. Ancillary commercial uses are also permitted. Public (P) This designation is intended to provide for schools, government facilities (civic buildings, libraries, maintenance yards, police and fire stations), public/quasi-public utilities, airport sites, and other facilities that have a public/quasi-public character. Open Space (OS) This designation includes natural resource areas (e.g. habitat, nature preserves, wetlands, floodplains, beaches1, bluffs, natural steep slopes, and hillsides); areas for production of resources (e.g., agriculture, aquaculture, 1 In the Terramar Beach area, the OS designation boundary for beach frontage properties shall be the area of any existing or future open space easements; otherwise it shall be the area west of the Mean Higher High Water line (MHHW), which is 5.33 feet in elevation for the La Jolla Tide Station according to a 2008 study titled “Tide and Sea Level Study for Southern California Buena Vista Lagoon Restoration”. A visitor commercial use. 2-17 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n and water reservoirs); and recreation and aesthetic areas (e.g., parks, beaches, greenways, trails, campgrounds, golf courses, and buffers between land uses). Community Facilities This designation is intended to provide community-serving facilities, such as child-care centers, places of worship, and youth and senior citizen centers. Transportation Corridor This designation is applied to major transportation corridors such as the Interstate-5 Freeway and the North County Transit District railroad and its right-of-way. Density and Intensity Standards The General Plan establishes density and intensity standards for various locations in Carlsbad by land use type. Table 2–3 presents a summary of these standards. Density—the number of people or dwelling units in a given area—and intensity—measured as the amount of floor space in a given area—have implications in terms of community character as well as traffic generated and public facility impacts. It is a fundamental topic for land use planning, especially in a community that has limited available land and wants to preserve remaining open spaces. Allowable Density and Development Constraints Constraints due to environmental and physical factors reduce the potential for development on some sites. Potential constraints include locations within existing or proposed Habitat Management Plan (HMP) hardline conservation areas; existing or proposed HMP standards areas; 100-year flood zones; airport safety zones and noise impact areas; and areas that have steep slopes (defined as over 25 percent). Table 2–5 indicates constrained lands that are to be excluded from density calculations and/or are considered undevelopable. Open space and community facility. 2-18 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n TABLE 2–3: DENSITY AND INTENSITY STANDARDS LAND USE DESIGNATION LABEL RESIDENTIAL DENSITY RANGE (MINIMUM2 TO MAXIMUM DWELLING UNITS/ACRE) GROWTH MANAGEMENT CONTROL POINT DENSITY1 (DWELLING UNITS/ACRE) RESIDENTIAL DENSITY USED IN THE HOUSING ELEMENT2 (DWELLING UNITS/ACRE) MAXIMUM PERMITTED FAR Residential R-1.5 Residential R-1.5 0 to 1.5 1 1 – R-4 Residential R-4 0 to 4 3.2 3.2 – R-8 Residential R-8 4 to 8 6 4 – R-15 Residential R-15 11.5 to 15 11.5 11.5 – R-23 Residential R-23 19 to 23 19 19 – R-30 Residential R-30 26.5 to 30 26.5 26.5 – R-35 Residential R-35 32.5-35 32.5 32.5 – R-40 Residential R-40 37.5-40 37.5 37.5 – Village-Barrio V-B BP District: 23-30 25 23 – BC District: 8-15 11.5 8 Non-Residential and Mixed Use Local Shopping Center L 15-305 – 15 0.54 General Commercial GC 15-305 – 15 0.54 Regional Commercial R 15-305 – 15 0.54 Visitor Commercial VC 15-306 – – 0.54 Village-Barrio V-B VC, FC Districts: 28- 35 – VC, FC Districts: 28 1.23 VG, HOSP, PT Districts: 18-23 – VG, HOSP, PT Districts: 18 Office O – – – 0.6 Planned Industrial PI – – – 0.5 1 See Section 2.6 of this element for more information on Growth Management. 2 . Residential development shall not be approved below this density, except as provided for by Policy 2-P.7 of this element, and shall be no less than the minimum established for a particular property as provided for by Policy 2-P.87. 3 Combined residential and non-residential FAR. 4 Non-residential only. No separate combined residential and non-residential FAR. 5 Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage). 6 Residential dwellings may be allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage), subject to approval of a specific plan, master plan or site development plan that demonstrates the primary use of the property is visitor-serving. 2-19 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2–4: CHARACTERISTICS OF COMMERCIAL LAND USES1 TYPE OF COMMERCIAL LAND USE LOCAL SHOPPING CENTER GENERAL COMMERCIAL REGIONAL SHOPPING CENTER VISITOR COMMERCIAL REQUIRED OF ALL LOCAL SHOPPING CENTERS POSSIBLE ADDITIONAL OPTION Primary Trade Area Focus Local neighborhood Community- serving Local neighborhood and/or community- serving Regional Visitor-serving2 Anchor Tenants (examples) Provides daily goods - supermarket, grocery store, specialty market, drug store Department stores, apparel stores, specialty- goods store, home improvement store, entertainment uses Anchor and secondary tenants, if any (secondary tenants are not required), may include wholesale products, department stores, home improvement stores, offices, motels/hotels, entertainment uses, retail goods and commercial services. May be a standalone use. Full-line department stores (2 or more), factory outlet center, “power center” of several high-volume retail uses, including general merchandise, automobile sales, apparel, furniture, home furnishings, etc. Anchor and secondary tenants, if any (secondary tenants are not required), shall be a stand-alone use or a group of uses that attract and/ or serve the travel needs of visitors. Such uses may include, but are not limited to hotel/ motel, restaurant, recreation facilities, museums, travel support uses (e.g. gas station, car rental, grocery, convenience store, etc.), visitor-attracting/ serving retail, amusement parks, cinemas and other entertainment uses. Secondary Tenants (examples) Restaurants, small neighborhood serving retail and offices, personal grooming services, gas station, cleaners Retail, commercial services, public facilities (i.e. library, post office) Full range of specialty retail, restaurants, entertainment, convenience stores, service facilities, business and professional offices Mixed Use – Commercial and Residential (optional) N/A See note 3 See note 3 See note 3 See note 3 Site Size (acres) 8 – 20 To 30 Varies 30 – 100 Varies Gross Lease Area 60,000 – 150,000 (sq. ft.) Up to 400,000 (sq. ft.) Varies 300,000 to 1.5 million (sq. ft.) Varies Primary Trade Area Drive Time 5 – 10 minutes 10 – 20 minutes 5 – 20 minutes 20 – 30 minutes Varies Primary Trade Area Radius 1.5 miles 3 – 5 miles 3 to 5 miles 8 – 12 miles Varies Primary Trade Area Population 10,000 – 40,000 people 40,000 – 150,000 people Up to 150,000 150,000+ people Varies 1 This table provides the typical characteristics of commercial land uses and is intended to be utilized as a general guideline when implementing the General Plan. 2 Primary use of the property must be visitor-serving. 3 Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage). 2-20 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n TABLE 2–5: LANDS EXCLUDED FROM DENSITY CALCULATIONS AND/OR CONSIDERED UNDEVELOPED LAND TYPE EXCLUDED FROM DENSITY CALCULATIONS UNDEVELOPABLE1 Beaches X X Permanent bodies of water X X Floodways X X Fifty percent of natural slopes with an inclination between 25 percent and 40 percent X Natural slopes with an inclination greater than 40 percent X X Significant wetlands X X Significant riparian or woodland habitats X X Land subject to major power transmission easements X X Railroad track beds X X Land upon which other significant environmental features are located, as determined by the environmental review process for a project X2 Habitat preserve areas as identified in the city’s Habitat Management Plan X2 1. No residential development shall occur on these lands; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. 2. Consistent with Policy 2-P.11, in instances where a property owner is preserving open space for purposes of environmental enhancement, complying with the city’s Habitat Management Plan ’s Habitat Management Plan, or otherwise leaving developable property in its natural condition, the density/development potential of the property being left in open space or and used on the remainder space shall be reserved for an used on the remainder of the project site or, through an agreement with the city, may be transferred to another property. Slope and habitat are two of several constraints that reduce development potential on many sites. 2-21 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.5 uildout and Jobs/Housing Balance Potential Buildout With the city approaching “built out” and the preservation of open space a priority, undeveloped land available for development is limited. Vacant sites exist throughout the city, but many of these sites are small, irregular in shape, or otherwise constrained due to natural or physical features (such as steep slope) that render development difficult. Therefore, much of the city’s future development will come from expanded development on sites with existing structures or redevelopment of sites and structures that come to the end of their useful life over the next 25 years. Likely development under the General Plan is referred to as buildout. The General Plan has a 2035 horizon; however, the plan does not specify or anticipate when buildout will occur, as long-range demographic and economic trends are difficult to predict. The designation of a site for a certain use also does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development will depend on property owner initiative. Table 2–6 shows potential development resulting from application of land uses shown on the Land Use Map on vacant and underutilized sites, according to analysis undertaken for this General Plan. This includes pipeline development—that is, development already permitted but not yet built. Table 2–7 shows existing and total development by broad categories. As shown in the tables, the Land Use Map provides for 56,336 dwelling units at buildout of the General Plan (see Section 1.4 of the General Plan Introduction), which is an increase of 19.85 percent (9,333 dwelling units) compared to the existing inventory of 47,003 dwelling units (as of 2023). Commercial, industrial, and hotel development is projected to increase in higher or lower proportions (29 percent, 6 percent, and 37 percent respectively), while office development is expected to increase more modestly (13 percent); at buildout, Carlsbad is projected to have approximately 6.0 million square feet of commercial space, 6.4 million square feet of office space, 19.2 million square feet of industrial space, and 6,962 hotel rooms. Buildout Population Between 2010 and 2020, Carlsbad’s population increased by 9,418, at an average annual growth rate of 0.89 percent, while the county as a whole grew at a rate of 0.9 percent. At buildout, Carlsbad’s population is projected to increase from 2020 by approximately 26,924 to 141,219, for an average annual growth rate of 1.5 percent. Table 2–8 shows Carlsbad’s 2010 and 2020 populations according to the US Census and estimated buildout population. With the county growing at a somewhat slower pace, Carlsbad’s 2-22 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n share of county population is expected to increase slightly, from 3.5 percent in 2020 to 3.9 percent at buildout. TABLE 2–6: ESTIMATED NEW DEVELOPMENT BY QUADRANT (TO BUILDOUT1) RESIDENTIAL (DWELLING UNITS)2 COMMERCIAL (SQ FT) OFFICE (SQ FT) INDUSTRIAL (SQ FT) HOTEL ROOMS Northwest 4,297 786,633 84,880 300,021 1,020 Northeast 2,140 161,600 410,700 517,586 – Southwest 2,113 413,215 240,045 288,800 795 Southeast 783 44,882 11,800 108,017 80 TOTAL 9,333 1,406,330 747,425 1,214,424 1,895 1. The dwelling unit and building area numbers in this table are estimates; site/project specific analysis will determine the actual development potential of individual project sites. 2. Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management described in Section 2.6. Source: City of Carlsbad, 2023 TABLE 2–7: ESTIMATED TOTAL DEVELOPMENT RESIDENTIAL (DWELLING UNITS)1 COMMERCIAL (SQ FT) OFFICE (SQ FT) INDUSTRIAL (SQ FT) HOTEL ROOMS Existing Development 47,003 4,569,634 5,653,775 18,059,521 5,067 New Development 9,333 1,406,330 747,425 1,214,424 1,895 TOTAL FUTURE BUILDOUT ESTIMATE 56,336 5,975,964 6,401,200 19,273,945 6,962 1 Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management described in Section 2.6. Sources: City of Carlsbad, 2023. Jobs-Housing Balance Jobs-housing balance refers to the condition in which a single community offers an equal supply of jobs and housing, which theoretically would reduce the need for people to commute in or out of town for work. In reality, the match of education, skills and interests is not always accommodated within the boundaries of one community. Still, a jobs-housing balance and matching workforce needs to availability of housing types and prices can discourage commute travel. To measure a community’s jobs-housing balance, it is typical to look at employed residents rather than housing units. A jobs to employed residents ratio of 1.0 would indicate parity between jobs and housing, although because of regional inter-dependencies, inter-city commuting will still result. 2-23 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Table 2–9 shows existing and projected jobs to employed residents ratio for Carlsbad. Precise information on the current ratio is difficult to firmly establish, as SANDAG estimates and projects a “jobs to housing” ratio rather than jobs to employed residents ratio. However, using SANDAG’s 2020 estimate of jobs in Carlsbad and US Census 2020 data, Carlsbad’s jobs to employed residents ratio in 2019-2020 was about 1.25. Based on development projected under the General Plan, this ratio is expected to be relatively constant increasing very slightly to 1.40, without accounting for aging population. Regional projections indicate that San Diego’s population between ages 15 and 69 is expected to decline from 73 percent presently to 67 percent in 2035. If the same proportionate change in employed residents were to result then the jobs to employed residents ratio would increase to 1.51. TABLE 2–8: ESTIMATED BUILDOUT POPULATION1 2010 2020 2020 SHARE OF COUNTY ANNUAL GROWTH RATE 2035 BUILDOUT POPULATION SHARE OF COUNTY ANNUAL GROWTH RATE Carlsbad 105,328 114,746 3.5% .89% 141,219 3.9% 1.5% San Diego County 3,095,313 3,287,306 100% 0.9% 3,640,255 100% 0.7% 1 See Section 1.4 of the General Plan Introduction for information regarding buildout assumptions. Sources: US Census, 2010; and 2020; SANDAG 2050 Regional Growth Forecast; City of Carlsbad, 2023 TABLE 2–9: JOBS/EMPLOYED RESIDENTS’ BALANCE ESTIMATED 2020 BUILDOUT BUILDOUT WITH LABOR FORCE PARTICIPATION DECLINE WITH AGING POPULATION Jobs 70,228 103,979 103,979 Employed Residents 55,983 78,180 72,713 Jobs/Employed Residents 1.25 1.40 1.51 Sources SANDAG 2050 Regional Growth Forecast. 2035 jobs and employed residents projected by SANDAG, 2023. 2-24 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n 2.6 Growth Management In the mid-1980s, the city was experiencing an era of rapid growth, which raised community concerns about how growth would affect quality of life— the community’s “small town” identity, open space, natural habitat, and the adequacy of public facilities to serve new growth. In July 1986, to address these concerns, the city adopted the Growth Management Plan, which was ratified by voter approval of Proposition E in November 1986. The Growth Management Plan requires adequate public facilities be provided concurrent with new growth. To ensure this, the Growth Management Plan identifies performance standards for 11 public facilities –city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the number of dwelling units in the city to the 54,599 dwelling unit estimate. As shown in Table 2-10, Proposition E established a maximum number of dwelling units that could be built after November 4, 1986 in each of the city’s four quadrants, which are located along El Camino Real and Palomar Airport Road. Pursuant to state law and city regulations, accessory dwelling units and commercial living units are not counted as dwellings for the purposes of Growth Management. California Government Code Section 65852.2 states that accessory dwelling units shall not be considered in the application of any local ordinance, policy or program that limits residential growth. In regard to commercial living units (e.g., professional care facilities, hotels and time- shares), Carlsbad Municipal Code Section 21.04.093 states that such units are not considered dwelling units due to the assistance/services provided in conjunction with the living unit and/or the use of the living unit for temporary lodging. In addition, pursuant to the city’s Citywide Facilities and Improvements Plan, hotels and time-share units that are not defined as a dwelling unit in the building code are not counted as dwelling units for purposes of Growth Management. Compliance with the Growth Management Plan occurs through the Citywide Facilities and Improvements Plan, which identifies the performance standards for each of the 11 public facilities, divides the city into 25 local facility management zones (LFMZ) and identifies the city’s ultimate public facility needs. A local facilities management plan identifies the public facility needs for each LFMZ. Individual development projects must comply with the Citywide Facilities and Improvement Plan and the applicable local facilities management plan, which ensures that adequate public facilities are provided concurrent with development. 2-25 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2-10: PROPOSITION E - GROWTH MANAGEMENT QUADRANT ESTIMATED EXISTING UNITS IN NOV. 1986 PROP. E MAX. UNITS ALLOWED AFTER NOV. 4, 1986 GROWTH MANAGEMENT DWELLING UNIT CAP ESTIMATE1 Northwest 9,526 5,844 15,370 Northeast 2,876 6,166 9,042 Southwest 2,192 10,677 12,859 Southeast 6,527 10,801 17,328 CITYWIDE 21,121 33,478 54,599 1 Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management dwelling unit limitations, as described above. Density Control Points To manage compliance with Growth Management dwelling unit limitations, the City Council established Growth Management Control Point (GMCP) densities for all residential land use designations in the city (for example, for the R-4 land use designation, the GMCP density is 3.2 dwelling units per acre). While the city cannot enforce Growth Management dwelling unit limitations due to changes in state law as explained below, GMCP densities help the city reasonably estimate potential dwelling unit yields for purposes of determining the future public facility needs created by new developments.. Changes in Laws that Affect Growth Management The state of California has declared a housing crisis in the state and passed several new laws designed to make it easier to build housing, largely by reducing local cities’ control over the approval process. In 2017 the California Legislature passed SB 166, known as the No Net Loss Law, which requires local jurisdictions to ensure that their Housing Element inventories can accommodate, at all times throughout the housing element planning period, their remaining unmet share of the regional housing need. In 2019, the legislature passed SB 330, the Housing Crisis Act of 2019, which prohibits local jurisdictions from imposing moratoriums and caps or limits on housing development. This extends to using the Growth Management residential housing caps or other limits to regulate the number of housing units built within a jurisdiction. As a result of the housing laws noted above, in 2020 and 2021, the Carlsbad City Council adopted resolutions 2020-104 and 2021-074 finding that the Growth Management housing caps and any moratoriums new housing are unenforceable due to the new state laws. 2-26 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n 2.7 Special Planning Considerations In several areas of the city, special planning considerations and/or objectives apply. Section 2.9 contains goals and policies that address the areas described below: Coastal Zone Planning The California Coastal Act regulates all development within the state- designated Coastal Zone. The zone extends through the length of the city, and covers approximately one-third of the city’s land area, as shown in Figure 2-2. The Coastal Act requires that individual jurisdictions adopt local coastal programs (LCP) to implement the Coastal Act. Carlsbad’s LCP consists of a separate land use plan document containing separate land use policies and an implementation plan, which primarily consists of the city’s Zoning Ordinance, as well as portions of the Grading and Drainage Ordinance and Building Codes and Regulations that are applicable to storm water management and grading; master and specific plans applicable to areas in the Coastal Zone are also part of the LCP Implementation plan. Development in the Coastal Zone must comply with the LCP in addition to the General Plan. The city’s LCP Land Use Plan will be updated consistent with this General Plan. However, to take effect, the LCP must be certified by the Coastal Commission as well as adopted by the city. Until such time that this occurs, the existing (as of 201 3) LCP must be adhered to. Although the LCP covers all of Carlsbad’s Coastal Zone, the Coastal Commission retains coastal development permit authority within its original permit jurisdiction and deferred certification areas. Carlsbad continues to pursue LCP certification in the deferred certification areas in order to transfer permit authority to the city and streamline development approval. Within the Coastal Zone, no discretionary permit shall be issued by the city unless found to be consistent with the General Plan and the LCP. In the event of conflict between the provisions of the General Plan and LCP Land Use Plan, the terms of the LCP Land Use Plan shall prevail. Habitat Management Plan (HMP) For more information on the HMP, see the Open Space, Conservation and Recreation Element. The City of Carlsbad and six other cities in northern San Diego County participated in the preparation of the Multiple Habitat Conservation Program (MHCP), which was adopted and certified by the San Diego Association of Governments (SANDAG) Board of Directors in March 2003. 2-27 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The City of Carlsbad prepared a subarea plan as a part of the MHCP, called the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) that was adopted by the City Council in November 2004. OCEANSIDE SAN MARCOS ENCINITAS 78 City of Oceanside M E L R O S E D R A L G A R D RAN C H O SANTA FE RD L A C O S T A AVE E L C A M I N O R E A L LA CO STA AVE S A N DI E G O N O R T H ER N R R C A R L S B A D B LV D P O I N S E T TI A LN PALOMA R A I R P O RT RD CAMIN O VIDA R O BLE AVIARA PK W Y P O I N S E T T IA LN P A LOMAR AIRPORT R D F ARAD AY AVE EL CAMINO REAL CA N N O N R DTAMARACKAVE E L C A MI N O R E A L T A M ARACKAVE C O L L E G E B L V D M A R RON R D C A R LS B A D VILLAGE D R CANNON RD C A R L S B A D B L V D 78City of Oceanside City of Vista City of San Marcos City of Encinitas Bati q u it os Lago o n MCCLELLAN-PALOMARAIRPORT Agua Hedionda Lagoon Buena Vista Lagoon Calavera Lake MaerkleReservoir P a c i f i c O c e a n 4 1 2 3 5 5 2 4 2 3 34 3 Barrio Village Cannon Road Open Space, Farming & Public Use Corridor Carlsbad Boulevard/ Agua Hedionda Center Palomar Corridor Ponto/Southern Waterfront Murphy Figure 2-2: Special Planning Considerations Highways Major Street Planned Street Railroad City Limits 0 1 20.5 Miles Source: City of Carlsbad, 2013; SANDAG, 2013; Dyett & Bhatia, 2013. Carlsbad Coastal Zone Areas Subject to the HMP 500 ACRES 100 ACRES Airport Influence Area Review Area 1 Review Area 2 Airport Safety Zones (1-5) North County PlazaNorth County Plaza The Shoppes at Carlsbad The Shoppes at Carlsbad Carlsbad Village Carlsbad Village Coaster StationCoaster Station Poinsettia Poinsettia Coaster StationCoaster Station .... ...... ... ~:-·:·~:·:~·:·· I / / ···-···-··•-" ••••••• • • • • ••••••• )E IE IE D r------. : i L_ _____ _ Sunny Creek Residential 2-29 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of habitat and protect sensitive biological resources in the city while also allowing for additional development and growth as anticipated under the city’s General Plan. As part of the HMP, a total of 6,478 acres of land within the city’s jurisdictional boundaries is to be conserved for habitats and an additional 308 acres of habitat is to be conserved for the coastal California gnatcatcher outside of the city’s jurisdiction. McClellan-Palomar Airport For more on transportation issues related to the airport, see the Mobility Element; for noise policies related to the airport, see the Noise Element; for safety policies related to the airport, see the Public Safety Element. McClellan-Palomar Airport was built in 1959 atop the mesa just south of the Agua Hedionda valley and lagoon. Oriented to take advantage of the on- shore winds, the runway lies on an east-west axis. The associated glide path, crash hazard, and noise impact areas around the airport significantly influence the type and intensity of development across the entire central area of the city. This area of influence extends generally in a broad band east and west of the runway, and, to a lesser degree, north and south of the airport. For reasons of health and safety, residential development and most institutional land uses (hospitals, schools, etc.) must be limited in this area of airport influence. The McClellan-Palomar Airport is owned by the County of San Diego, covering an area of about 470 acres, located in the geographic center of Carlsbad. In 2008, the airport had 192,960 aircraft operations, or an average of 529 per day. A new $24 million airline terminal was opened in 2009. Airport Land Use Compatibility California law requires preparation of airport land use compatibility plans for all public-use airports, to promote compatibility between airports and the surrounding land uses. For McClellan-Palomar Airport, the San Diego County Regional Airport Authority Airport Land Use Commission has prepared and adopted the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). State law requires Carlsbad’s General Plan to be consistent with the adopted ALUCP. If the City Council chooses to overrule a finding of the Airport Land Use Commission as stated in the ALUCP, it may do so by a two-thirds vote if it makes specific findings that the General Plan is consistent with the intent of state airport land use planning statutes. The General Plan is consistent with the ALUCP. To limit noise impacts on noise sensitive land uses, the General Plan retains areas surrounding the 2-30 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n airport principally for industrial and supporting commercial development, while sites have been identified as appropriate for residential and general commercial use. Airport compatibility and safety is addressed in greater detail in Section 6-5 of the Public Safety Element. The Cannon Road Open Space, Farming and Public Use Corridor In 2006, Carlsbad voters approved “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money.” The area affected by Proposition D is referred to as the Cannon Road Open Space, Farming and Public Use Corridor and is located along Cannon Road east of Interstate 5, as shown on Figure 2-2. Lands within the corridor currently consist primarily of open space and existing farming operations including the Flower Fields located to the south of Cannon Road and the existing strawberry fields located to the north of Cannon Road; approximately 49 acres of the existing strawberry fields located adjacent to the east side of Interstate 5 are not within the corridor and are not subject to Proposition D. The open space areas within the corridor on the north side of Cannon Road provide spectacular views of the Agua Hedionda Lagoon and contain environmentally-sensitive natural habitat areas that need to be permanently protected. The existing flower fields and the strawberry fields as open space uses provide for productive use of portions of the corridor area that enhance the cultural heritage and history of the city. Although the flower fields are already protected and restricted to agricultural use, Proposition D requires the city to utilize all existing programs and land use protections and explore other possible new mechanisms to keep the flower fields in production. Proposition D also requires the city to ensure that other farming uses within the corridor, such as a portion of the existing strawberry fields, are allowed to continue as long as it is economically viable for the landowner to do so. 2-31 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The area within the corridor is recognized for its significant open space opportunities; however, the area currently lacks adequate public access and public use areas so that the community can enjoy the open space opportunities provided in this area to their fullest potential. Proposition D identified that an interconnecting public trail through the area preferably linking the south shore of Agua Hedionda Lagoon with the existing flower fields could greatly enhance public access in the area. Proposition D also identified that park and recreation uses that allow public gathering spaces and are compatible with other open space uses could offer opportunities for more community use and enjoyment of the area. Pursuant to Proposition D, residential use is not appropriate for the area within the corridor. Commercial and industrial-type uses other than those normally associated with farming operations are also not appropriate. The Cannon Road Open Space, Farming and Public Use Corridor presents a unique opportunity for the city to create a sustainable, community-oriented open space area that balances social, economic and environmental values important to the community. Following voter approval of Proposition D, the City Council adopted the Cannon Road Agricultural and Open Space Zone to implement the proposi- tion. The zone was approved by the California Coastal Commission but only for the affected parcels south of Cannon Road. Village Carlsbad Village—the community’s downtown—is the oldest and the most walkable neighborhood in the city. The Village is home to the majority of Carlsbad’s historic and cultural resources, including the Carlsbad Theatre, Old Santa Fe Train Depot, Army and Navy Academy and multiple historic structures. The Village has evolved into an eclectic neighborhood rich with character and diversity – both in its physical landscape and in its varied activities and land uses. It has great bones – a walkable street grid, location adjacent to the ocean, a bus and rail transit center, and mix of old and new buildings. The Village should be Carlsbad’s ideal choice for residents looking for a more urban, walkable, transit-connected lifestyle, and for visitors seeking a contrasting experience to hiking along the lagoons, surfing, or golfing. Many sites in the Village are developed at a low intensity and designed to meet the needs of a car-oriented lifestyle, not in keeping with the vibrant, active, pedestrian-oriented core that many would like to see as defining the Village experience. As the Village continues to evolve, it will be important to redevelop and strategically focus improvements in the neighborhood to best express the city’s small-town beach-community lifestyle, take advantage of key opportunities to connect to transit, the ocean, and the Barrio neighborhood to the south, and add new residents and life into downtown Carlsbad. 2-32 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Village and Barrio Master Plan, adopted in 2018, provides a vision and guidance for design, land use, and redevelopment, and includes development standards and design guidelines. There are additional opportunities to expand on key elements like public art and identity through a signage and way-finding scheme as well as an expanded public arts program. Barrio The roughly 150-acre Barrio neighborhood is situated on the northwestern portion of the city, just south of the Village. Established in the 1920s, the Barrio neighborhood first served as a residential enclave for new immigrants supporting the agriculture economy of the city. Today, the Barrio reflects elements of its past in its many cultural markers and historic buildings, as well as in its long-time residents and cohesive community. Land use in the Barrio neighborhood is primarily residential, with a wide range of housing types, from single-family and two-family dwellings on small lots within the center of the neighborhood along Roosevelt and Madison streets to higher density multi-family residential development located around the neighborhood’s perimeter west of Interstate 5 and east of the railroad tracks. Other uses in the Barrio include public, institutional, recreation and limited commercial uses. One of the key community assets in the Barrio is the new Pine Avenue Park and Chase Field, as well as the adjacent City of Carlsbad Senior Center. In 2013, the allowed residential densities in the Barrio were increased. The primary objective of the density increase was to encourage redevelopment (primarily around the perimeter of the neighborhood) while protecting the single-family/duplex character of the center of the neighborhood. In 2018, the Village and Barrio Master Plan was adopted to provide a vision, standards and guidelines for both the Village and Barrio. The master plan recognizes the neighborhood’s walkable, residential character, its history and cultural resources, and its objectives for calming traffic and increasing connections with the Village and beach. It will be important that future improvements are sensitive to these characteristics and objectives. Carlsbad Boulevard/Agua Hedionda Center This area formerly contained the Encina Power Station (EPS), whose 400- foot exhaust stack and 965 megawatt power plant had been a landmark near the edge of Agua Hedionda Lagoon and the ocean since the mid-1950s. Pursuant to a settlement agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E), the EPS was decommissioned in 2018 and demolished in 2022. The General Plan envisions redevelopment of the EPS, as well as the adjacent SDG&E North Coast Service Center, with visitor-serving commercial and open space uses to provide residents and 2-33 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n visitors enhanced opportunities for coastal access and services, reflecting the California Coastal Act’s goal of “maximizing public access to the coast.” East of the former EPS, between the railroad tracks and I-5 freeway, a new, approximately 500 megawatt facility, the Carlsbad Energy Center, completed construction in 2018, utilizing peaker-plant technology (rather than as a base load or combined-cycle facility). Compared to the former plant, the new power plant features a lower profile and has less impact on the environment by being constructed away from the coastline and partially below grade, and by utilizing current peaker-plant technology that significantly reduces its visual profile, hours of operation, noise, air pollutant and greenhouse gas emissions, and eliminates the use of ocean water for cooling. A portion of the area west of the railroad tracks contains the Claude “Bud” Lewis Carlsbad Desalination Plant. The desalination project was completed in 2015 and provides a portion of the city’s potable water needs. Also, SDG&E operates the Encina substation on approximately 10 acres of the EPS site west of the railroad tracks. The substation is expected to continue in operation for the foreseeable future. Former Encina Power Station along Carlsbad Blvd. 2-34 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Shoppes at Carlsbad Commercial Area The principal opportunity in this area is The Shoppes at Carlsbad mall, a 90- acre enclosed regional shopping mall, surrounded by surface parking lots owned by the city. The mall was redeveloped in 2014-2015. As part of the 2021-2029 Housing Element update, the mall parking lots were identified as a city-controlled opportunity site that could be redeveloped to accommodate a portion of the city’s share of the Regional Housing Needs Allocation (RHNA). The site has been identified to provide a minimum 993 housing units across the five parking lot parcels. Programs in the Housing Element call for the city to work closely with the owner of the Shoppes on redevelopment of the site to a mixed-use format center that includes a “high level of affordable housing (at least 20% of residential units).” On March 14, 2023, the City Council designated a city staff team as responsible for exploring options for potential use of the city-owned parking lot properties, including complying with the state Surplus Land Act and working with representatives of the mall property owner or other parties identified through the Surplus Land Act toward the lease or sale of the properties. To facilitate future mixed-used, mixed-income development, a combination of Regional Commercial and residential land use designations (R-23 and R- 40)are applied to the parking lot parcels. The Regional Commercial designation requires regionally oriented retail uses, but also permits housing in a mixed-use setting. The R-23 and R-40 designations allow for higher density residential uses. Site details, including number of units, will be determined following submittal of development plans to the city and subject to minimum density requirements. North County Plaza East and west of the mall are locally-serving shopping centers and a cluster of offices; these may receive potential upgrading and reinvestment by property owners; for example, the shopping center to the west, North County Plaza, has been identified for potential mixed-use through the proposed addition of housing. Based on a project submitted, it is anticipated the site could redevelop with a minimum 240 units while maintaining commercial uses. Sunny Creek ResidentialTwo parcels at and near the northwest corner of El Camino Real and the future extension of College Boulevard. The larger of the two parcels, vacant and approximately 17.8 acres, borders both El Camino Real and College Boulevard and was identified during the 2021-2029 Housing Element Update as providing up to 327 housing units, with most of those units (212) resulting from a minimum eight acres of the site designated R-30 (26.5 - 30 dwelling units per acre). The remainder of the site is designated R-15 with a minimum density of 12 dwelling units per acre. The actual number of units that may be approved on the parcel under the R-30 and R-15 designations Sunny Creek Residential 2-35 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n will be determined following submittal of development plans to the city, subject to meeting the R-15 and R-30 minimum density requirements. The other, smaller parcel, located adjacent and to the northeast, is just under 10 acres and was the site of a former equestrian center. The portion of the property along Agua Hedionda Creek is designated Open Space. The remaining approximately six acres is designated R-30. Development of this smaller parcel is first dependent on the need to address flood constraints that are applicable to it. Palomar Corridor This area is the employment core of Carlsbad and one of north San Diego County’s key employment centers, with a variety of industrial, research and development, and office uses, along with hotels and commercial uses. It also contains the McClellan-Palomar Airport and LEGOLAND amusement park. The General Plan maintains the industrial/research and development primacy of the area. While office, medical office, and residential uses would be desirable in the area to provide use diversity, their location in the corridor is challenged by airport noise and safety considerations, and the presence of several establishments authorized to use hazardous chemicals as part of regular business operations; the General Plan provides land use designations where these uses could be accommodated in selected locations. Ponto/Southern Waterfront This area has a scenic setting, with a 3.5-mile frontage north of Batiquitos Lagoon along the Pacific Ocean. In the northern portion of the area, a hotel and residential uses—mostly small single-family homes—line the east side of Carlsbad Boulevard. The largest development opportunity is in between Batiquitos Lagoon and Ponto Road, where the General Plan contemplates a mix of hotels, other commercial uses and residential uses, consistent with the Ponto Beachfront Village Vision Plan. The General Plan also contemplates smaller eating and drinking establishments along Carlsbad Boulevard as opportunities arise, to provide oceanfront dining. The southbound portion of Carlsbad Boulevard is proposed to be realigned with a shift to the east, providing opportunity for a linear park/promenade along Carlsbad Boulevard, which is already popular with walkers, joggers, and bicyclists. The street realignment project may also provide additional park and gathering opportunities along the ocean. 2-36 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Murphy This area consists of three parcels totaling approximately 36 acres located north of Batiquitos Lagoon and east of Batiquitos Drive; the northern parcel is designated for low to medium density (0-4 dwelling units per acre) residential uses and open space, and the southern parcel is designated for medium density (4-6 dwelling units per acre) residential uses and open space; the General Plan envisions that the overall potential residential density of the site will be clustered to provide an open space buffer between development and the lagoon. Poinsettia and Village Coaster Stations These transit centers are key mobility hubs providing access to Coaster train and Breeze bus services. The centers play a local and regional role, serving city residents by providing access to jobs and shopping destinations, and providing tourists and regional visitors access to Carlsbad attractions. Both the Poinsettia and Village Coaster Stations are owned by the North County Transit District (NCTD). Both stations are opportunity sites to help accommodate a portion of the city’s share of the Regional Housing Needs Allocation (RHNA). NCTD is considering redevelopment of both Coaster stations with non-transit uses, including residential, which will enhance their transit functions as well. On Jan. 19, 2023, the NCTD Board of Directors voted in favor of entering into Exclusive Negotiation Agreements with private developers for both Coaster stations. A Housing Element policy and program call for the city to support and work collaboratively with NCTD on its Village Coaster Station redevelopment efforts to include a mix of market rate and a “high level” of affordable units adjacent to transit services. Following submittal of any development plans to the city, project details regarding site layout, design, number of residential units and any other non-transit-oriented uses will be determined. Poinsettia Station consists of two parcels totaling 5.83 acres located south and west of Avenida Encinas, west of Embarcadero Lane. While the transit center is the main use, both parcels are also designated for high density residential uses. As part of the 2021-2029 Housing Element update, a portion of the Poinsettia Station site was identified as a location that could provide up to 27 housing units. The Carlsbad Village Station consists of two parcels totaling 7.75 acres located north of Grand Avenue, between State Street and Washington Street. While the transit center is the main use, both parcels are zoned Village-Barrio (V-B) and are part of the Village Center District (VC)governed by the Village-Barrio Master Plan. The Village Center District encompasses the core of the Village and includes a mix of commercial, attached residential that is high density (28-35 dwelling units per acre) in nature, and mixed-use building types. As part of the 2021-2029 Housing Element update, the Carlsbad Village Station site was identified as a location that could provide up to 93 housing units. 2-37 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.8 Goals and Policies Goals Land Use 2-G.1 Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space. 2-G.2 Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and con- venient commercial services, and public support systems such as transit, parks, schools, and utilities. 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and develop- ment intensities supporting a cohesive development pattern. 2-G.4 Provide balanced neighborhoods with a variety of housing 2-G.6 Allow a range of mixed-use centers in strategic locations that 2-G.7 Ensure that neighborhood serving shopping and mixed-use 2-G.9 Accommodate a diversity of business types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. 2-G.5 Protect the neighborhood atmosphere and identity of existing residential areas. maximize access to commercial services from transit and residential areas.centers include shopping as a pedestrian-oriented focus for the surrounding neighborhood, are physically integrated with the surroundings, and contain neighborhood-serving stores and small offices. Where appropriate, include in the centers high and medium density housing surrounding the retail core or integrated in mixed-use buildings. 2-G.8 Provide opportunities for continued economic growth and vitality that enhance Carlsbad’s position as a premier regional employment center. establishments in appropriately-scaled settings, including large-scaled industrial and research and development establishments proximate to the McClellan-Palomar Airport, 2-38 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n regionally-scaled shopping centers, and neighborhood-serving commercial centers with smaller-sized stores, restaurants and offices to meet shopping, recreation, and service needs of residents and visitors. 2-G.10 Promote continued growth of visitor-oriented land uses, and provide enhanced opportunities for new hotels and visitor-services in desirable locations. 2-G.11 Provide industrial lands that can accommodate a wide range of air and water pollution-free industrial establishments, including those of relatively high intensity; research and development and related uses set in campus or park-like settings; as well as moderate to low intensity establishments capable of being located adjacent to resi- dential areas with minimal buffering and attenuation measures. 2-G.12 Ensure adequate provision of community-serving facilities such as child daycare facilities, places of worship, educational institutions and schools. 2-G.13 Maintain land use compatibility between McClellan-Palomar Airport and surrounding land uses, and encourage the airport’s continued operations while ensuring it does not unduly impact existing neighborhoods and communities. 2-G.14 Participate with other cities in the county, through the San Diego Association of Governments, in working towards solution of regional issues. 2-G.15 Support agricultural uses throughout the city while planning for the transition of agriculture to other uses. Community Character, Design, and Connectedness 2-G.16 Enhance Carlsbad’s character and image as a desirable residential, beach and open-space oriented community. 2-G.17 Ensure that the scale and character of new development is appropriate to the setting and intended use. Promote development that is scaled and sited to respect the natural terrain, where hills, public realm, parks, open space, trees, and distant vistas, rather than buildings, dominate the overall landscape, while developing the Village, Barrio, and commercial and industrial areas as concentrated urban- scaled nodes. 2-G.18 Ensure that new development fosters a sense of community and is designed with the focus on residents, including children, the disabled and the elderly, by providing: safe, pedestrian-friendly, tree-lined streets; walkways to common destinations such as schools, bikeways, trails, parks and stores; r~. I 2-39 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n homes that exhibit visual diversity, pedestrian-scale and prominence to the street; central gathering places; and recreation amenities for a variety of age groups. 2-G.19 Ensure that new neighborhood commercial centers are designed for pedestrian comfort, and integrated with the surrounding neighborhoods with new streets and paths. 2-G.20 Develop an active ocean waterfront, with new growth accommo- dated west of Interstate 5, to enable residents and visitors to enjoy more opportunities for dining, shopping, and recreating along the coastline. Develop public gathering places and recreational opportunities along the coastal corridor. Growth Management 2-G.21 Ensure that adequate public facilities and services are provided in a timely manner to preserve the quality of life of residents. 2-G.22 Develop programs that correlate the projected population with the service capabilities of the city. Cannon Road Open Space, Farming and Public Use Corridor Goals 2-G.23 through 2-G.28 are in accordance with “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money” and are applicable only to the area within the Cannon Road Open Space, Farming and Public Use Corridor (see Figure 2-2): 2-G.23 Create a unique, community-oriented open space area along the Cannon Road corridor located immediately to the east of the Inter- state 5 freeway including the existing flower fields and strawberry fields. 2-G.24 Ensure that this area is permanently protected and preserved for open space uses. 2-G.25 Enhance the protection of the existing flower fields. 2-G.26 Allow farming operations in the area such as the existing strawberry fields and flower growing areas to continue. 2-G.27 Provide for the protection and preservation of environmental resources in the area. 2-G.28 Increase public access and use to the area primarily through the incorporation of public trails and active and passive recreation. 2-40 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Village 2-G.29 Maintain and enhance the Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and entertainment activities. 2-G.30 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. The Barrio 2-G.31 Promote rejuvenation of the Barrio while maintaining its walkable, residential character, and ensuring that new development enhances neighborhood quality and character. 2-G.32 Celebrate the Barrio’s history and resources, and foster development of cohesive streetscapes with strategic improvements, including plazas where feasible. Policies Land Use General 2-P.1 Maintain consistency between the General Plan and Title 21 of the Carlsbad Municipal Code (Zoning Ordinance and map). 2-P.2 Update the city’s Local Coastal Program (LCP) to be consistent with the General Plan. Work with the California Coastal Commission to gain permitting authority for all areas of the city in the Coastal Zone. 2-P.3 Permit increased non-residential and mixed-use development allowances up to limits specified in the Transportation Demand Management (TDM) Ordinance when developed, where project proponents agree to compliance with the stipulations in the TDM Ordinance. 2-P.4 When uncertainty exists regarding the precise boundary of the various land use designations identified on the Land Use Map, such boundaries shall be interpreted as follows: a.Where boundaries appear to follow the centerline of a street or highway, ownership boundary lines, or topographic features such as valleys, ridgelines, or top/bottom of bluffs/slopes then the boundaries shall be interpreted to follow the lines/features they appear to follow. 2-41 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n b.Where boundaries appear to reflect environmental and resource management considerations, boundaries shall be interpreted in a manner which is consistent with the considerations that the boundary reflects. 2-P.5 Work with SANDAG through participation in its various standing committees on regional plans and initiatives. Adopt local imple- menting policies and programs when found to be consistent with the General Plan and in the best interests of Carlsbad’s residents and businesses. Residential 2-P.6 Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. 2-P.7 Do not permit residential development below the minimum of the density range, except in the following circumstances and subject to the findings required by California Government Code Section 65863: a.When one single-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b.When one single-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c.When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of the existing units. In addition, specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element are not subject to these exceptions and instead must be developed at or above the minimum of the density range. 2-P.8 Do not permit residential development to exceed the applicable Growth Management Control Point (GMCP) density unless the following findings are made: a. The project qualifies for and will receive an allocation of “excess” dwelling units, pursuant to City Council Policy No. 43. b.There have been sufficient residential projects approved at densities below the GMCP so the citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed project. 2-42 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n c.All necessary public facilities required by the Citywide Facilities and Improvements Plan will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with adopted city standards.3 2-P.9 Incentivize development of lower-income affordable housing by allowing residential development above maximum densities permitted by the General Plan, subject to an evaluation of the following: (a) the proposal’s compatibility with adjacent land uses, and (b) the project site’s proximity to a minimum of one of the following: freeway or major street; commercial center; employment opportunities; city park or open space; or commuter rail or transit center. 2-P.10 Development on slopes, when permitted, shall be designed to minimize grading and comply with the hillside development pro- visions of the Zoning Ordinance and the Carlsbad Local Coastal Program. 2-P.11 Consider density and development right transfers in instances where a property owner is preserving open space for purposes of environmental enhancement, complying with the city’s Habitat Management Plan, or otherwise leaving developable property in its natural condition. The density/development potential of the property being left in open space shall be reserved for and used on the remainder of the project site or, through an agreement with the city, may be transferred to another property. 2-P.12 Encourage residential uses mixed in conjunction with commercial development on commercially designated sites and within the Village. 2-P.13 Encourage medium to higher density residential uses located in close proximity to commercial services, employment opportunities and major transportation corridors. 2-P.14 Require new and, as appropriate, existing master planned and res- idential specific plan developments to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities, educational institutions and schools. 2-P.15 Allow the development of a two-family dwelling on all lots which legally existed and were zoned R-2 as of December 1, 1986, regard- less of the density allowed by the residential land use designation, provided the development of the dwellings complies with all 3 Note: State legislation (SB 166, and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. 2-43 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n applicable development standards in effect at the time of the development. 2-P.16 Allow residential development above the allowed maximum density on properties with an R-1.5 or R-4 land use designation when the implementing zone would permit a slightly higher dwelling unit yield than the allowed maximum density, subject to the following findings: a.The project is consistent with the intended uses of the applica- ble land use designation (R-1.5 or R-4) and other applicable goals and policies of this General Plan. b.There is sufficient infrastructure to support the project. c.The proposed density does not exceed the allowed maximum density by more than 25 percent. d.. Commercial Services 2-P.17 Locate commercial land uses as shown on the Land Use Map. Where applications for the re-designation of land to commercial land uses are submitted, these shall be accompanied by a conceptual devel- opment plan of the site and a market study that demonstrates the economic viability of using the land in the way being requested, as well as the impact on the viability of commercial uses designated on the Land Use Map that may compete within shared trade areas. 2-P.18 Except within the Village, commercial development shall occur in the form of discrete shopping centers, as opposed to generalized retail districts or linear “strip commercial” patterns (i.e. long corridors of commercial uses with numerous curb cuts, unsafe intersection spacing, disharmonious architectural styles, and a pro- liferation of signs) or as mixed use developments with an integrated mix of commercial and residential uses. 2-P.19 Ensure that all residential areas have convenient access to daily goods and services by locating local shopping centers centrally within their primary trade areas, as defined in Table 2–4. Such trade areas should minimize gaps between or overlaps with the trade areas of other local shopping centers. 2-P.20 New master plans and residential specific plans and other large development proposals shall evaluate whether there is a need to include a local shopping center within the development. 2-P.21 Sites designated for “regional commercial” use should generally be located where they are easily visible and accessible from highways and freeways. Local shopping centers and uses may be adjacent to or, as a secondary use, integrated into regional centers to also serve the daily convenience needs of customers utilizing the regional shopping center. 2-44 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.22 Sites designated for “general commercial” use should be limited to locations where such uses are appropriate and desirable, provided the development is designed to be architecturally unified and does not result in “strip commercial” development. 2-P.23 Sites designated for “visitor commercial” uses should generally be located near major transportation corridors and proximate to key tourist/visitor draws, such as hotels, the ocean, lagoons, the Village, LEGOLAND and other recreation venues, McClellan-Palomar Airport, and businesses in the Palomar Airport Road corridor. Regional, general and local shopping center uses may be adjacent to or, as a secondary use, integrated into a visitor commercial center to also serve the daily convenience needs of tourists, visitors and residents. 2-P.24 Build and operate commercial uses in such a way as to complement but not conflict with adjoining residential areas. This shall be accomplished by: a.Controlling lights, signage, and hours of operation to avoid adversely impacting surrounding uses. b.Requiring adequate landscaped buffers between commercial and residential uses; exceptions may be permissible when both uses are comprehensively developed as a mixed use project. c.Providing bicycle and pedestrian links between commercial centers and surrounding residential uses, and providing bicycle-parking racks. d.Ensuring building mass does not adversely impact surrounding residences. e.Where appropriate, commercial and residential uses can be mixed in a vertical or horizontal configuration. 2-P.25 Ensure that commercial development is designed to include: a.Integrated landscaping, parking, signs, and site and building design b.Common ingress and egress, safe and convenient access and internal circulation, adequate off-street parking and loading facilities. Each commercial site should be easily accessible by pedestrians, bicyclists, and automobiles to nearby residential development. c.Architecture that emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. d.A variety of courtyards and pedestrian ways, bicycle facilities, landscaped parking lots, and the use of harmonious architecture in the construction of buildings. 2-45 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.26 When “community” tenants (see Table 2–4, earlier) are included in a local shopping center, they must be fully integrated into the overall function and design of the center, including the architecture, internal circulation and landscaping. The inclusion of such tenants should complement, not supplant the principal function of the center, which is to provide local goods and services. a.No community “anchor” tenant may be built as a stand-alone building. It must share (or appear to share) walls and its building facade with other tenants in the center. b.No community “anchor” tenant or secondary tenant may feature corporate architecture or logos (excluding signage) that is not integrated into the overall design of the center. Industrial and Office 2-P.27 Limit general industrial development within the community to those areas and uses with adequate transportation access. These areas should be compatible with surrounding land uses including residential neighborhoods. 2-P.28 The physical development of industrial areas shall ensure compati- bility among a diverse range of industrial establishments. 2-P.29 Include provisions in the Zoning Ordinance to allow service and support uses in areas designated Planned Industrial; such uses may include but are not limited to commercial/retail uses that support planned industrial uses, office uses, places of worship, recreation facilities, education facilities, conference facilities, daycare centers, short-term lodging, and other service uses. 2-P.30 Require new industrial development to be located in modern, attractive, well-designed and landscaped industrial parks in which each site adequately provides for internal traffic, parking, loading, storage, and other operational needs. 2-P.31 Regulate industrial land uses on the basis of performance standards, including, but not limited to noise, air quality, odor, and glare. 2-P.32 Require private industrial developers to provide adequate outdoor dining/eating areas for employees. 2-46 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.33 Do not permit general or medical office uses on sites designated for industrial use, unless the site is re-designated through a General Plan amendment to the office or a commercial land use designation; approval of such re-designations shall be based on consideration of the following criteria: a.Contiguity with other established general or medical office uses, or an office or commercial zone; b.Separation from industrial uses, where establishment of a medical office use would not preclude establishment or contin- uation of an industrial use within the zone where industrial uses are intended to be located; and c.Location. It is preferable that general or medical office uses be located on sites that can be accessed without negatively impacting traffic on industrial streets. Agriculture 2-P.34 Support agricultural uses throughout the city, including small-scale farms and community gardens. 2-P.35 Ensure the existing Flower Fields remain in flower production by utilizing all available methods and programs, including grants and other outside financial assistance. 2-P.36 Require utilization of soil and water conservation techniques in agricultural activities. McClellan-Palomar Airport 2-P.37 Require new development located in the Airport Influence Area (AIA) to comply with applicable land use compatibility provisions of the McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) through review and approval of a site development plan or other development permit. Unless otherwise approved by City Council, development proposals must be consistent or condition- ally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight notifi- cation, as contained in the McClellan-Palomar ALUCP. Additionally, development proposals must meet Federal Aviation Administra- tion (FAA) requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are permitted to penetrate the transitional surface (a 7:1 slope from the runway primary surface). Consider San Diego County Regional Airport Authority Airport Land Use Commission recommendations in the review of development proposals. 2-47 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.38 Coordinate with the San Diego County Regional Airport Authority, Airport Land Use Commission, and the FAA to protect public health, safety and welfare by ensuring the orderly operation of the airport and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around the airport. 2-P.39 Prohibit approval of any zone change, general plan amendment or other legislative action that authorizes expansion of McClellan- Palomar Airport, unless authorized to do so by a majority vote of the Carlsbad electorate. (Section 21.53.015, Carlsbad Municipal Code.) 2-48 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Community Character and Design See also policies in the Mobility Element related to walkability. 2-P.40 Establish development standards that will preserve natural features and characteristics, especially those within coastal, hillside and natural habitat areas. 2-P.41 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different residential density and non-residential intensity catego- ries. Special attention should be given to buffering and transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. 2-P.42 Ensure that development on hillsides, where permitted pursuant to the hillside development regulations of the Zoning Ordinance, is designed to preserve and/or enhance the visual quality of the pre- existing topography. 2-P.43 Where feasible, locate development away from visible ridges; larger buildings, such as large retail stores and office and industrial development, should be arranged to minimize the buildings’ visual appearance from major transportation corridors and vistas. 2-P.44 Encourage clustering of development to preserve natural terrain and maximize open space areas around developments. 2-P.45 Evaluate each discretionary application for development of property with regard to the following specific criteria: a.Site design and layout of the proposed buildings in terms of size, height and location, to foster harmony with landscape and adjacent development. b.Site design and landscaping to provide buffers and screening where appropriate, conserve water, and reduce erosion and runoff. c.Building design that enhances neighborhood quality, and incor- porates considerations of visual quality from key vantage points, such as major transportation corridors and intersections, and scenic vistas. d.Site and/or building design features that will reduce greenhouse gas emissions over the life of the project, as outlined in the Climate Action Plan. e.Provision of public and/or private usable open space and/or pathways designated in the Open Space, Conservation, and Rec- reation Element. f.Contributions to and extensions of existing systems of streets, foot or bicycle paths, trails, and the greenbelts provided for in 2-49 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n the Mobility, and Open Space, Conservation, and Recreation elements of the General Plan. g.Compliance with the performance standards of the Growth Management Plan. h.Development proposals which are designed to provide safe, easy pedestrian and bicycle linkages to nearby transportation corridors. i.Provision of housing affordable to lower and/or moderate- income households. j.Policies and programs outlined in Local Coastal Program where applicable. k.Consistency with applicable provisions of the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. 2-P.46 Require new residential development to provide pedestrian and bicycle linkages, when feasible, which connect with nearby shopping centers, community centers, parks, schools, points of interest, major transportation corridors and the Carlsbad Trail System. 2-P.47 At the time existing shopping centers are renovated or redeveloped, where feasible, require connections to existing residential neighborhoods through new pedestrian pathways and entrances, mid-block crossings, new or wider sidewalks, and pedestrian-scaled street lighting. 2-P.48 Enhance walkability on a citywide scale by installing benches and transit shelters and adding landscaping, wayfinding signage, public art, and pedestrian-scaled lighting. Consider ways to improve rail and freeway overpass/ underpass areas, with lighting, sidewalk improvements and public art. 2-P.49 In design requirements for sites adjacent to pedestrian-oriented streets, consider how buildings address the street, through ample windows for display, outdoor eating areas, entryway design options and attractive signage. Beach Access and Waterfront Activity 2-P.50 Improve beach access through a variety of mechanisms, including: a.In the Village and adjacent areas, identify the primary pedes- trian connections and entrances to the beach through signage, a consistent landscaping scheme, change in paving materials, wider sidewalks and preservation of view corridors. Identify opportunities for additional access points as improved connec- tivity and facilities are provided, particularly if new beachfront activity areas are established. 2-50 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n b.In the Barrio neighborhood, provide a pedestrian crossing under or over the rail corridor at Chestnut Avenue. c.Identify and implement more frequent pedestrian crossings along Carlsbad Boulevard. Identify and prioritize crossings from residential neighborhoods and existing bicycle and pedestrian trails. For more detailed policies on pedestrian and bicycle movement, see Chapter 3: Mobility. 2-P.51 Promote development of new activity centers along the ocean waterfront—places where people can eat, shop, recreate and connect with the ocean while taking in the views of the sand, water and sunset. Potential locations for this include the Carlsbad Boulevard/Agua Hedionda Center (see Figure 2-2); near the inter- section of Palomar Airport Road and Carlsbad Boulevard; the Ponto area; and other appropriate sites that may provide opportunities for the development of activity centers. 2-P.52 Work with the California Parks Department to enhance recreation, public access, visitor-commercial services, and activity in the Carlsbad Boulevard coastal corridor. Land could be made available by realigning the southbound lanes of Carlsbad Boulevard and by reconfiguring the Palomar Airport Road / Carlsbad Boulevard intersection. The principal objectives are to improve coastal access for all; conserve coastal resources; enhance public safety, including addressing threats to the campground from bluff erosion and sea level rise; and create additional recreational opportunities, waterfront amenities and services, including modernization and expansion of the campgrounds to serve as lower-cost visitor and recreational facilities. 2-P.53 Plan and design Carlsbad Boulevard and adjacent public land (Carlsbad Boulevard coastal corridor) according to the following guiding principles: a.Carlsbad Boulevard shall become more than a road. This trans- portation corridor shall provide for recreational, aesthetic and community gathering opportunities that equal the remarkable character of the land. b.Community safety shall be a high priority. Create destination that provides a safe public environment to recreate. c.Strategic public access and parking is a key to success. Develop- ment shall capitalize on opportunities to add/enhance multiple public access points and public parking for the beach and related recreational amenities. d.Open views are desirable and important to maintaining the character of the area. Preservation and enhancement of views 2-51 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n of ocean, lagoons, and other water bodies and beaches shall be a high priority in road, landscaping, and amenity design and development. e.Enhance the area’s vitality through diversity of recreational land uses. Carlsbad Boulevard development shall provide for amenities, services and goods that attract a diversity of residents and visitors. f.Create vibrant and sustainable public spaces. Development shall provide for unique and vibrant coastal gathering spaces where people of all age groups and interests can gather to enjoy recreational and environmental amenities and supporting commercial uses. g.Connect community, place and spirit. Design shall complement and enhance connectivity between existing community and regional land uses. h.Environmentally sensitive design is a key objective. Environ- mentally sensitive development that respects existing coastal resources is of utmost importance. i.A signature scenic corridor shall be created through design that honors the coastline’s natural beauty. The resulting improve- ments will capture the ‘essence’ of Carlsbad; making it a special place for people from throughout the region with its natural beauty and vibrant public spaces. Properly carried out, the realigned boulevard will maximize public views and encourage everyone to slow down and enjoy the scenery. j.Reimagining of Carlsbad Boulevard shall be visionary. The rei- magined Carlsbad Boulevard corridor will incorporate core community values articulated in the Carlsbad Community Vision by providing: a) physical connectivity through multi- modal mobility improvements including bikeways, pedestrian trails, and a traffic-calmed street; b) social connectivity through creation of memorable public spaces; and c) economic vitality through a combination of visitor and local-serving commercial, civic, and recreational uses and services. 2-P.54 Work with the California Parks Department to provide beachfront amenities such as water fountains, bathrooms, and showers; ensure these are designed to be unobtrusive and harmonious with the natural character of the area. Community Connectedness 2-P.55 Integrate disparate master planned communities and neighbor- hoods into a cohesive whole, by establishing streetscape schemes along key connector streets and arterials. 2-52 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.56 Encourage use of public space and rights-of-way for periodic community events such as farmers markets, street fairs, and athletic events. Growth Management and Public Facilities4 2-P.57 Ensure the dwelling unit limitations of the Growth Management Plan are adhered to when approving any residential General Plan amendment, zone change, tentative subdivision map or other dis- cretionary permit. 2-P.58 Require compliance with Growth Management Plan public facility performance standards, as specified in the Citywide Facilities and Improvements Plan, to ensure that adequate public facilities are provided prior to or concurrent with development. 2-P.59 Coordinate future development with the Capital Improvement Program (CIP) to ensure adequate funding for needed facilities and services; and prioritize the funding of CIP projects to provide facil- ities and services to infill areas, in transit priority or planned smart growth areas, and areas where existing deficiencies exist. 2-P.60 Maintain the Growth Management monitoring and annual reporting program, which: a) monitors the number of existing and future dwelling units compared to the growth management dwelling unit limitations, and b) measures the city’s public service requirements against the rate of physical growth. Use this informa- tion to establish priorities for capital improvement funding, and when considering development requests. 2-P.61 The City Council or the Planning Commission shall not find that all necessary public facilities will be available concurrent with need as required by the Growth Management Plan unless the provision of such facilities is guaranteed. In guaranteeing that the facilities will be provided, funding shall be available for the necessary facilities prior to approval of development permits, and emphasis shall be given to ensuring a balanced circulation system, schools, parks, libraries, open space and recreational amenities. Public facilities may be added, however, the City Council shall not materially reduce public facilities without making corresponding reductions in development potential. The Cannon Road Open Space, Farming and Public Use Corridor Policies 2-P.62 through 2-P.68 are in accordance with “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ 4 Note: State legislation (SB 166 and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. 2-53 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Money” and are applicable only to the area within the Cannon Road Open Space, Farming and Public Use Corridor (see Figure 2-2). 2-P.62 In coordination with land owners, protect and preserve this area as an open space corridor. Permit only open space, farming and com- patible public uses in the area. Permitted uses shall be as follows: a.Open space b.Farming and other related agricultural support uses, including flower and strawberry production. c.Public trails d.Active and passive parks, recreation and similar public and private use facilities (except on the existing Flower Fields) e.Electrical transmission facilities 2-P.63 Prohibit residential development in the area; and prohibit commer- cial and industrial-type uses in the area other than those normally associated with or in support of farming operations and open space uses. 2-P.64 Enhance public access and public use in the area by allowing com- patible public trails, community gathering spaces and public and private, active and passive park and recreation uses. 2-P.65 Allow farming to continue in the area for as long as economically viable for the landowner. 2-P.66 Utilize all existing programs and land use protections and explore possible new mechanisms, as well as new grant programs and other outside financial assistance, to keep the existing Flower Fields in permanent farming and flower production. 2-P.67 If determined to be necessary, the city shall amend the Zoning Ordinance and adopt a Cannon Road Open Space, Farming and Public Use Corridor Overlay Zone to apply to the area that would provide more detail on permitted uses and land use regulations applicable to the area. This policy was implemented with the adoption of City Council Ordinance No. CS-317 on March 28, 2017.Further, consistent with California Coastal Commission direction, the ordinance applies only to affected parcels south of Cannon Road. 2-P.68 The city shall initiate a public planning process with broad public participation to fully accomplish implementation of the goals, objectives and action programs listed above. This policy was implemented with the public planning process that occurred from November 2007 through June 2008, which resulted in the 2-54 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n report titled “Creating a Community Vision for the Cannon Road Agriculture and Open Space (Prop D) Lands Final Report September 23, 2008.” Village (see Figure 2-2) 2-P.69 The Village and Barrio Master Plan is the guide for land use planning and design in the Village. 2-P.70 Seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of mixed-use development, as well as commer- cial, entertainment and cultural uses that serve both residents and visitors. 2-P.71 Seek ways of strengthening existing establishments through façade and streetscape improvements, upgraded public and private land- scaping and aesthetically upgraded signage and way-finding. Encourage outdoor dining, sidewalk cafes and limited outdoor displays of merchandise to enliven street-level activity. 2-P.72 Enhance the walkability and pedestrian orientation of the Village, including along Carlsbad Village Drive, to enhance the small, beach town atmosphere and improve access to and utilization of transit. 2-P.73 Enhance connections with the Barrio through streetscape improve- ments—including street trees, improved sidewalks, lighting and signage—and potentially mixed-use development along Roosevelt Street. 2-P.74 Encourage public art and community gatherings though a wide range of visual and physical forms—from banners on light posts, paving and artwork on sidewalks, light displays at night, music, and sculptures ranging from iconic to pedestrian scale, to the design and shaping of public spaces plazas—all of which set the stage for people to gather, play, and observe. Build on existing activities and events and incorporate cultural facilities, the beach, and a water- front area where public art could be showcased. 2-P.75 Address parking demand by finding additional areas to provide parking for the Village and beach areas, and by developing creative parking management strategies, such as shared and leased parking, on-street parking reconfiguration, “smart” metering, transportation demand management strategies, etc. Evaluate and manage parking in the Village through regular monitoring of parking data. 2-55 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.76 Support Village revitalization by developing and implementing programs, policies and financing mechanisms to spur local invest- ment and foot traffic, and increase private and public revenues in the Village through partnerships with property owners, businesses and other stakeholders (e.g. business organizations, local non- profit organizations, and residents). 2-56 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Barrio (see Figure 2-2) 2-P.77 Promote new investment by allowing opportunities for medium and high-density infill residential development, strategically located in the neighborhood consistent with the Village and Barrio Master Plan. Ensure that development is designed to enhance neighborhood quality, character, and vitality, and is sensitive to historic and cultural resources. 2-P.78 Focus revitalization efforts on renovations and façade improve- ments as well as enhancing the physical infrastructure of the community. 2-P.79 Create a cohesive, pedestrian-scale streetscape that includes improved sidewalks, streetscape, signage and way-finding, and which celebrates the Barrio’s heritage and provides better con- nections between the Barrio and Village and across the railroad at Chestnut Avenue. 2-P.80 Foster development of community gathering spaces and a great public realm, such as by reclaiming portions of wide streets for sidewalks, curb bulb-outs, and small plazas in order to create a more pedestrian- friendly experience and encourage interaction among neighbors. 2-P.81 Prepare design, development, and parking standards that protect, enhance and provide flexibility to enhance neighborhood quality and character. 2-P.82 Develop cooperative neighborhood enhancement programs with the Barrio community that will result in improved resident connections, neighborhood dynamics and enhanced sense of community through better private-public liaison efforts and focus on completion of neighborhood desired improvements. These programs should be coordinated with Village revitalization efforts. Infill opportunity (left) and the Barrio historic core (below). 2-57 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Carlsbad Boulevard/Agua Hedionda Center (see Figure 2-2) 2-P.83 West of the railroad tracks: ▪Decommission, demolish, remove and remediate the Encina Power Station site, including the associated structures, the black start unit and exhaust stack according to the provisions of a settlement agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E). ▪The desalination plant shall remain on approximately 11 acres (six acres for the desalination plant and approximately five acres of non-exclusive easements) west of the railroad tracks. ▪Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site, with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad Boulevard). Encourage community gathering spaces, outdoor dining, and other features to maximize potential views of the ocean and the lagoon. Encourage shared parking arrangements so that a greater proportion of development can be active space rather than parking. ▪Determine specific uses, development standards, infrastructure, public improvements, site planning and amenities through a comprehensive planning process (e.g., specific plan, master plan, etc.) resulting in a redevelopment plan approved by the City Council. The redevelopment plan boundaries should include the Encina Power Station and the SDG&E North Coast Service Center sites. ▪Work with SDG&E to identify a mutually acceptable alternative location for Its North Coast Service Center. Work with SDG&E, as part of a long-term plan, to identify and ultimately permit an alternate site for its Encina substation. 2-P.84 Between I-5 and the railroad tracks: ▪Operate the Carlsbad Energy Center as described in a settle- ment agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E). The power plant includes the following characteristics: ▪Power output will be limited to approximately 500 megawatts and will be constructed and operated utilizing peaker-plant Carlsbad Boulevard/Agua Hedionda Center and former Encina Power Station 2-58 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n technology (rather than as a base load or combined-cycle facility). ▪The power plant will not operate between the hours of midnight and 6 a.m., except to the extent reasonably required for reliability-related purposes or as otherwise required by the ISO tariff. ▪Generator units will be placed below grade to minimize the power plant’s visual profile. ▪The power plant will utilize current peaker-plant technology that significantly reduces noise, air pollutant and greenhouse gas emissions, and eliminates the use of ocean water for cooling. ▪Other features as described in said settlement agreement. ▪Provide an open space buffer along the lagoon’s south shore between the railroad tracks and I-5. The Shoppes at Carlsbad Commercial Area (see Figure 2-2) 2-P.85 Promote redevelopment or reuse of the mall as a vital, community- wide commercial destination, and encourage a pedestrian orientation. Leverage the city’s parking-lot ownership and work collaboratively with The Shoppes’ owner to develop a minimum 993 dwelling units to be part of the land use mix. Sunny Creek Residential (see Figure 2-2) 2-P.86 Foster development of this site as a mix of multi-family residential dwellings at medium and high densities. a.The location of R-15 and R-30 uses/land use designations shall be determined through review and approval of a site development plan.b.The area of land utilized for a R-30 residential shall be a minimum of 8 acres in size.c. The R-15 portion of the site shall develop at a minimumdensity of 12 dwelling units per acre. Palomar Corridor (see Figure 2-2) 2-P.87 Reinforce the existing base of planned industrial uses with a strong cluster of bio- and high-technology sectors, and attract emerging technologies such as green industries. 2-59 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.88 Allow clusters of sites designated for office use in appropriate locations. Ensure that the Zoning Ordinance incorporates criteria regulating the use of hazardous materials around the sites shown for office uses and other sensitive uses. Ponto/Southern Waterfront (see Figure 2-2) 2-P.89 Allow development of the Ponto area with land uses that are con- sistent with those envisioned in the Ponto Beachfront Village Vision Plan. 2-P.90 Promote development of recreation uses and improved public access to the beach, as well as activity centers with restaurants, cafes and shopping along Carlsbad Boulevard, as opportunities arise in appropriate locations. Murphy (see Figure 2-2) 2-P.91 Allow the property’s overall residential development capacity, as indicated by the land use designations on the Land Use Map, to be clustered toward the northern portion of the site to create an open space buffer and recreational trail on the southerly third of the site. Poinsettia and Village Coaster Stations (see Figure 2-2) 2-P.93 Work collaboratively with NCTD to achieve a minimum 27 dwelling units at the Poinsettia Coaster Station and a minimum 93 dwelling units at the Village Coaster Station. North County Plaza (see Figure 2-2) 2-P.94 The site shall develop with a minimum 240 dwelling units. Exhibit "GPA 2022-0001/LCPA 2022-0015" OS OS October 18, 2023 Site 1-NORTH COUNTY PLAZA OCEANSIDE Site 1 RIOS EXISTING OCEANSIDE R/R-40/OS Site 1 PROPOSED RIOS OS OS General Plan Map Designation Change Property APN From: To: A.156-301-16-00 R/OS R/R-40/OS Attachment B Jan. 30, 2024 Item #2 Page 27 of 157 Exhibit "GPA 2022-0001" October 18, 2023 Site 2 -THE SHOPPES AT CARLSBAD PARKING LOT PLAZA CAMINO REAL DY OCEANSIDE --------------------------- RIOS Site 2 RIOS RIOS OS OS PLAZA CAMINO REAL DY OCEANSIDE EXISTING R/R-40/R-23 Site 2 Site 2 PROPOSED General Plan Map Designation Change Property APN From: To: A.156-301-11-00 R/OS R/R-40/R-23/OS B.156-302-14-00 R R/R-40/R-23 C.156-302-35-00 R R/R-40/R-23 D.156-301-06-00 R R/R-40 E.156-301-01-00 R R/R-40 F.156-302-23-00 R R/R-40 G.156-302-17-00 R R/R-40 Page 28 of 157Jan. 30, 2024 Item #2 Exhibit "GPA 2022-0001" October 18, 2023 Site 3-CHESTNUT AT EL CAMINO REAL PARCEL EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.167-080-34-00 R-4 R-15 B.167-080-49-00 R-4 R-15 C.167-080-50-00 R-4 R-15 Jan. 30, 2024 Item #2 Page 29 of 157 Exhibit "GPA 2022-0001" October 18, 2023 Site 4 -ZONE 15 CLUSTER EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.209-060-72-00 R-4/OS R-30/OS B.209-090-11-00 R-15/L R-15/R-30 Jan. 30, 2024 Item #2 Page 30 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 5-AVENIDA ENCINAS CAR STORAGE LOT VJCIOS EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.210-090-24-00 Pl R-30 Jan. 30, 2024 Item #2 Page 31 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 6 -CROSSINGS GOLF COURSE LOT 5 EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.212-270-05-00 Pl/O R-30 Jan. 30, 2024 Item #2 Page 32 of 157 Exhibit "GPA 2022-0001" October 18, 2023 Site 7-SALK AVENUE PARCEL EXISTING Pl/OS Pl/OS PROPOSED General Plan Map Designation Change Property APN From: To: A.212-021-04-00 0 R-30 Jan. 30, 2024 Item #2 Page 33 of 157 Exhibit "GPA 2022-0001" October 18, 2023 Site 10-BRESSI RANCH COLT PLACE INDUSTRIAL PARCEL EXISTING PALOMAR AIRPO= "1RO Site 10 R-23 PROPOSED R-23 R-23 General Plan Map Designation Change Property APN From: A.213-262-17-00 Pl To: R-23 Jan. 30, 2024 Item #2 Page 34 of 157 Exhibit "GPA 2022-0001" October 18, 2023 Site 11-BRESSI RANCH GATEWAY ROAD INDUSTRIAL PARCELS OS EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.213-263-19-00 Pl R-40 B.213-263-20-00 Pl R-40 Jan. 30, 2024 Item #2 Page 35 of 157 Exhibit "GPA 2022-000111 October 18, 2023 Site 12 -INDUSTRIAL SITES EAST OF MELROSE DRIVE EXISTING General Plan Map Designation Change Property APN From: To: A.221-015-08-00 Pl R-35 B.221-014-03-00 Pl R-35 Jan. 30, 2024 Item #2 Page 36 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 16-CALTRANS MAINTENACE STATION AND PACIFIC SALES RIOS RIOS EXISTING RIOS PROPOSED General Plan Map Designation Change Property APN From: To: A.211-050-08-00 p R-30 B.221-050-09-00 GC R-30 Jan. 30, 2024 Item #2 Page 37 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 17-NCTD POINTSETTIA COASTER STATION EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.214-150-08-00 p R-23/P 8.214-150-20-00 p R-23/P Jan. 30, 2024 Item #2 Page 38 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 18 -NORTH PONTO PARCELS EXISTING PROPOSED General Plan Map Designation Change Property APN From: To: A.216-010-01-00 GC R-23 B.216-010-02-00 GC R-23 C.216-010-03-00 GC R-23 D.216-010-04-00 GC R-23 E.216-010-05-00 GC R-23 Jan. 30, 2024 Item #2 Page 39 of 157 Exhibit "GPA 2022-0001/LCPA 2022-0015" October 18, 2023 Site 19 -LA COSTA GLEN/FORUM I I I I I I I I I I I I I I I I I I I I I OS �Site 1 � OS OS I I \ieNCINITAS--' �-------------� I I I I I I I I I OS I I cn I ��z I -I 0 I ffi \ OS' I I ' \ I • -- EXISTING ' • ' PROPOSED ENCINITAS General Plan Map Designation Change Property APN From: A.255-012-05-00 R/O5 OS To: R-23/O5 Jan. 30, 2024 Item #2 Page 40 of 157 Attachment C Public Safety Element (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 41 of 157 Environmental, seismic and topographic conditions and the patterns of urban development in Carlsbad can potentially pose risks to human health and property. The Public Safety Element identifies natural and manmade hazards that exist within Carlsbad and seeks to mitigate their potential impacts through preventative and response measures. Topics addressed in this element include seismic and geologic hazards; climate change; wildfire; flooding and drainage; hazardous materials and police, fire and emergency response. Attachment C 6-2 6 Pu b l i c S a f e t y 6-1 General Plan 6 Pu b l i c S a f e t y 6.1 Introduction Background and Purpose The purpose of this element is to acknowledge the risk posed by hazards, and to reduce the risk of injury, loss of life, property damage, and economic and social dislocation resulting from natural and manmade hazards. The development pattern in the Land Use and Community Design Element incorporates consideration of flooding risk, seismic safety and other hazards. The Public Safety Element contains the city’s goals and policies to reduce the risks associated with identified hazards and integrate mitigating measures into the city’s development review process. Relationship to State Law Government Code Section 65302(g) requires each California city and county to include within its general plan a safety element that addresses the protection of the community from any unreasonable risks associated with the effects of seismic and other geologically induced hazards, flooding, and fires. The safety element is required to include mapping of known seismic and other geological hazards. Where applicable, it must also address evacuation routes, peak load water supply requirements, minimum road widths and clearances around structures. Government Code Section 65302(g) (as amended by SB 379 (2015)) requires cities and counties to include climate adaptation and resiliency strategies — as applicable to that city or county — in the safety elements of their general plans. The City of Carlsbad prepared a Climate Change Vulnerability Assessment (CCVA) which is available on the city website at the following link: https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-documents/-folder-769. The CCVA assesses how the community and natural and built assets in Carlsbad are vulnerable to climate change. The Public Safety Element of the General Plan includes adaptation implementation measures consistent with this legislation. Government Code Section 65302(g) (as amended by SB 99 (2019)) requires a local government to identify residential developments in hazard areas that do not have at least two emergency evacuation routes. A residential emergency evacuation route analysis was conducted as part of this Public Safety Element update and is presented as Figure 6-13. Government Code Section 65302(g) (as amended by SB 1035 (2018)) requires a jurisdiction’s safety element to be revised to identify new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies applicable to the city and county that was not 6-2 City of Carlsbad 6 Pu b l i c S a f e t y available during the previous revision of the safety element. The fire hazard and flood maps have been updated as Figure 6-1 and Figure 6-12. State law also allows cities to address any other locally relevant issues in its safety element. In addition to those mentioned above, Carlsbad’s Public Safety Element also addresses disaster preparedness and protection from other local health and safety hazards, such as fire, hazardous materials and airport hazards. Relationship to Community Vision The Public Safety Element is most closely tied to the following objective in the Community Vision: Core Value 8: Support quality, comprehensive education and life-long learning opportunities, provide housing and community services for a changing population, and maintain a high standard for citywide public safety. Relationship to Other General Plan Elements The Public Safety Element is strongly correlated to the Land Use and Community Design Element and the Open Space, Conservation and Recreation Element. The Land Use and Community Design Element includes consideration of fire, seismic, flooding and other hazards in land use designations and their intensities. Through restrictions on the development of hazardous areas, identified by careful investigation as proposed in the Public Safety Element, the Land Use and Community Design Element supplements the policies of this element. Related to the Open Space, Conservation and Recreation Element, areas subject to severe hazards, especially those related to seismic or flood-prone conditions, are designated for a reduced level of development or open space, or development is required to be set back from areas impacted by these factors. Additionally, the Public Safety Element is related to the Mobility Element in that good street design and accessibility of the transportation system is vitally important in providing emergency services. Furthermore, the Public Safety Element is related to the Housing Element and the Arts, History, Culture, and Education Element in that it identifies areas that may present hazardous conditions for residential structures and proposes precautionary measures related to older existing structures that may have historic or cultural significance. Finally, the Public Safety Element is related to the Sustainability Element in that it establishes broad strategies to reduce local greenhouse gas emissions which contribute to climate change hazards that the Public Safety Element seeks to minimize. The Sustainability 6-3 General Plan 6 Pu b l i c S a f e t y Element promotes water conservation, reduction of the urban heat island effect, and energy efficiency which increase the city’s resilience to climate change. 6-4 City of Carlsbad 6 Pu b l i c S a f e t y 6.2 Regulatory Setting Public safety is a topic that is subject to extensive federal, state, and local regulations that span a variety of safety topics. Some of the key regulations and regulatory agencies are summarized below. The city is not responsible for administering all of the regulations; rather, the following discussion provides examples of how public safety in Carlsbad is a shared responsibility among various government agencies. For a fuller discussion of the regulatory setting pertaining to safety, the Environmental Impact Report for the General Plan should be consulted. Federal Programs and Regulations Environmental Protection Agency The United States Environmental Protection Agency (U.S. EPA) enforces the Federal Toxic Substances Control Act (1976) and the Resource Conservation and Recovery Act of 1976 (RCRA), which regulates the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act (HSWA), which affirmed and extended the “cradle to grave” system of regulating hazardous wastes (controlling hazardous waste from the time it is generated until its ultimate disposal). The use of certain techniques for the disposal of some hazardous wastes was specifically prohibited by the HSWA. The 1980 Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. United States Department of Transportation Transportation of chemicals and hazardous materials are governed by the United States Department of Transportation (DOT), which stipulates the types of containers, labeling, and other restrictions to be used in the movement of such material on interstate highways. Federal Emergency Management Agency The primary mission of the Federal Emergency Management Agency (FEMA) is to reduce the loss of life and property and to protect the nation from all hazards, including natural disasters, acts of terrorism, and other manmade disasters, by leading and supporting a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. 6-5 General Plan 6 Pu b l i c S a f e t y Disaster Mitigation Act The Disaster Mitigation Act of 2000 requires a state mitigation plan as a condition of disaster assistance, adding incentives for increased coordination and integration of mitigation activities at the state level. State Regulations California Environmental Protection Agency The management of hazardous materials and waste within California is under the jurisdiction of the California Environmental Protection Agency (Cal EPA). Cal EPA is responsible for developing, implementing, and enforcing the state’s environmental protection laws that ensure clean air, clean water, clean soil, safe pesticides and waste recycling and reduction. Within Cal EPA are various departments, three of which are described as follows: Office of Environmental Health Hazard Assessment The California Office of Environmental Health Hazard Assessment oversees implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65), which aims to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects, or other reproductive harm and to inform citizens about exposures to such chemicals. California Department of Toxic Substances Control The California Department of Toxic Substances Control (DTSC) implements the California Code of Regulations Title 22, Division 4.5, which provides standards for the management of hazardous waste. The DTSC has the authority to delegate enforcement of the state’s hazardous waste regulations to local jurisdictions. State Water Resources Control Board The State Water Resources Control Board (SWRCB), as well as nine regional water quality control boards, implements various laws related to the protection of both potable and recycled water quality. The state and regional boards regulate wastewater discharges to surface and ground water; storm water discharges from construction, industrial, and municipal activities; discharges from irrigated agriculture; dredge and fill activities; alteration of federal water bodies; and other activities that could degrade water quality. 6-6 City of Carlsbad 6 Pu b l i c S a f e t y California Department of Transportation The California Department of Transportation (Caltrans) manages more than 50,000 miles of California’s highway and freeway lanes, provides inter-city rail services, permits more than 400 public-use airports and special-use hospital heliports and works with local agencies. Caltrans is also the first responder for hazardous material spills and releases that occur on those highway and freeway lanes and inter-city rail services. California Division of Safety of Dams The California Department of Water Resources, Division of Safety of Dams supervises the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Included in this authority is the approval of dam inundation maps to identify potential flood prone areas that may be critically impacted during a dam failure or emergency incident. Approved inundation maps are used to support emergency action plans that dam owners are required to prepare pursuant to Water Code Section 6161. California Office of Emergency Services The California Office of Emergency Services (Cal OES) is responsible for assuring the state’s readiness to respond to and recover from all hazards, emergencies, and disasters. Cal OES assists local governments in developing their own emergency preparedness and response plans, in accordance with the Standardized Emergency Management System and the State Emergency Plan, for earthquakes, floods, fires, hazardous material incidents, nuclear power plant emergencies, dam breaks, and acts of terrorism. Cal OES also administers the State of California Multi-Hazard Mitigation Plan (SHMP), which presents goals, strategies, and actions for reducing future disaster losses throughout the state. The SHMP is a federal requirement under the Disaster Mitigation Act of 2000 in order for the state to receive federal funds for disaster assistance. Safe School Plan (California Education Code Sections 32280 et seq.) This statute requires public schools to prepare a school safety plan that identifies strategies and programs that will ensure a high level of school safety related to child abuse reporting; disaster procedures; on-campus violence; discrimination and harassment; safe ingress and egress to and from school; safe and orderly environment conducive to learning; and school discipline. 6-7 General Plan 6 Pu b l i c S a f e t y Local Regulations County of San Diego Department of Environmental Health and Quality The County of San Diego Department of Environmental Health and Quality (DEHQ) protects public health and environmental quality and implements and enforces local, state, and federal environmental laws. DEHQ regulates the following: retail food safety; public housing; public swimming pools; small drinking water systems; mobile-home parks; onsite wastewater systems; recreational water; recycled water; aboveground and underground storage tanks and cleanup oversight; and medical and hazardous materials and waste. In addition, DEHQ serves as the Solid Waste Local Enforcement Agency and prevents disease carried by rats and mosquitoes. California Environmental Protection Agency’s Unified Program Cal EPA oversees a unified hazardous waste and hazardous materials management and regulatory program, commonly referred to as the Unified Program. The purpose of this program is to consolidate and coordinate six different hazardous materials and hazardous waste programs, and to ensure that they are consistently implemented throughout the state. State law requires local agencies to implement the Unified Program. The County of San Diego DEHQ, Hazardous Materials Division is the local agency in charge of implementing the program in the county certified by the EPA as Certified Unified Program Agencies (CUPAs). San Diego County Multi-Jurisdictional Hazard Mitigation Plan The San Diego Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was developed in accordance with the Disaster Mitigation Act of 2000 and followed FEMA’s Local Hazard Mitigation Plan guidance. Carlsbad is included in the MJHMP as an annex to the plan and can be found at this link: https://www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities The County of San Diego Office of Emergency Services is responsible for coordinating with local jurisdictions and participating agencies to monitor, evaluate, and update the MJHMP. Through the MJHMP Carlsbad is compliant with Government Code Sections 65302.6 and 8685.9 (also known as Assembly Bill 2140 or AB 2140) which limits the State of California's share of disaster relief funds 6-8 City of Carlsbad 6 Pu b l i c S a f e t y paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts unless the jurisdiction has adopted a valid hazard mitigation plan consistent with Disaster Mitigation Act of 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan. In these cases, the State may cover more than 75 percent of the remaining disaster relief costs. McClellan-Palomar Airport Land Use Compatibility Plan The McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) is prepared by the San Diego County Regional Airport Authority to protect the safety of the public from airport related hazards. The ALUCP promotes compatibility between McClellan Palomar Airport and the land uses that surround it by addressing noise, overflight, safety, and airspace protection concerns. The ALUCP prevents exposure to excessive noise and safety hazards within the airports influence area (AIA), provides for the orderly growth of the airport and the area surrounding the airport, and safeguards the general welfare of the inhabitants within the vicinity of the airport and the public in general. Carlsbad Municipal Code Chapter 6.03 of the Carlsbad Municipal Code incorporates by reference Chapters 9 and 11 of Division 8 of Title 6 of the San Diego County Code of Regulatory Ordinances, which designates the County of San Diego DEHQ as the local agency responsible for implementing the state’s Unified Program and specifies reporting, disclosure and monitoring requirements for hazardous materials and hazardous waste establishments. 6-9 General Plan 6 Pu b l i c S a f e t y 6.3 Flooding and Coastal Hazards Surface Hydrology The San Diego Region is divided into 11 hydrologic units that flow from elevated regions in the east toward coastal lagoons, estuaries, or bays in the west. Carlsbad is located within the Carlsbad Hydrologic Unit (HU), also referred to as the Carlsbad Watershed Management Area, which is approximately 210 square miles in area, extending from the headwaters above Lake Wohlford in the east to the Pacific Ocean in the west, and from Vista and Oceanside in the north to Solana Beach, Encinitas, and the community of Rancho Santa Fe to the south. The cities of Carlsbad, San Marcos, and Encinitas are entirely within this HU. There are numerous important surface hydrologic features within the Carlsbad HU including four unique coastal lagoons, three major creeks, and two large water storage reservoirs. Approximately 48% of the Carlsbad HU is urbanized. The dominant land uses are residential (29%), commercial/industrial (6%), freeways and roads (12%), agriculture (12%), and vacant/undeveloped (32%).1 Buena Vista Lagoon Buena Vista Lagoon is a 350-acre freshwater lagoon owned by the State of California and managed by the California Department of Fish and Wildlife (CDFW) as a nature reserve. Located on the border between Carlsbad and Oceanside, it became California’s first ecological reserve in 1969. CDFW is the major property owner of the lagoon; however, a number of adjacent residential property owners have control of small portions of their properties adjacent to the lagoon’s wetland boundary. Although the lagoon itself is maintained as a nature reserve, much of the Buena Vista hydrologic area is already developed. Agua Hedionda Lagoon Agua Hedionda Lagoon is situated between Tamarack Avenue and Cannon Road and is comprised of three inter-connected lagoons, divided by the Interstate-5 freeway and a railroad bridge. Cabrillo Power LLC owns the three lagoon sections; the 66-acre outer lagoon adjacent to the Pacific Ocean, which primarily provides cooling water for the electric producing generators at the Carlsbad Desalination Plant; the 27-acre middle lagoon is home to the North Coast YMCA Aquatic Park; and the 295-acre inner lagoon extends approximately 1,800 yards in a southeasterly direction from the Interstate-5 freeway bridge. The City of Carlsbad Parks & Recreation Department allows recreational activities on the inner lagoon including boating – permitted crafts include jet skis and powerboats (western portion) and passive vessels 1 Project Clean Water Website 2012, www.projectcleanwater.org/html/ws_carlsbad.html, accessed September 21, 2012 6-10 City of Carlsbad 6 Pu b l i c S a f e t y like sailboats and kayaks (eastern portion). At the eastern end of the lagoon is the Agua Hedionda Ecological Reserve, which was acquired in 2000 by the CDFW and consists of 186 acres of wetlands. Batiquitos Lagoon The Batiquitos Lagoon consists of approximately 561 acres owned by both the CDFW and the California State Lands Commission and is protected as a game sanctuary and bird estuary. The lagoon was originally open to the ocean, but over time the construction of transportation corridors and other development resulted in sediment closing off the lagoon. Then, in the mid-1990s, a significant lagoon restoration and enhancement project, conducted by the City of Carlsbad, Port of Los Angeles and other cooperating agencies, allowed for the lagoon to open to the ocean again, as it exists today. Stormwater Drainage Much of the land area in Carlsbad is developed, resulting in impervious surfaces from the placement of roads, parking lots, buildings, and other infrastructure. These facilities reduce the amount of water infiltration into the ground, increase direct runoff into the city’s creeks and lagoons, and cause soil erosion and sedimentation, which can result in water quality degradation and flooding concerns. Stormwater systems may be overwhelmed more frequently as more extreme rain events occur due to climate change, causing localized flooding which could impact properties and close streets, and impact water quality. The City of Carlsbad currently employs a number of measures, including best management practices (BMPs), to prevent pollutants and hazardous materials from entering municipal stormwater conveyance systems. As storm drains are not connected to sanitary sewer infrastructure, water conveyed to these drains is not treated prior to discharging into creeks, lagoons and the ocean. Therefore, pollutants must be reduced and/or removed before entering urban conveyance systems. The city’s Storm Water Protection Program covers all phases of development through planning, construction and existing development and educates and monitors developers, businesses, municipal facilities, residents, school children, and the general public to help prevent pollutants and other hazardous materials from entering storm drains. The city also implements its Jurisdictional Runoff Management Plan which includes strategies to reduce non-stormwater flows and illegal discharges to the storm drain system and was developed to implement the requirements of the City’s Municipal Storm Water Permit. 6-11 General Plan 6 Pu b l i c S a f e t y Flood Zones Floodplains are areas of land located adjacent to rivers or streams that are subject to recurring inundation, or flooding. Preserving or restoring natural floodplains helps with flood loss reduction benefits and improves water quality and habitat. Floods are typically described in terms of their statistical frequency. For example, a 100-year floodplain describes an area within which there is a one percent probability of a flood occurring in any given year. FEMA prepares Flood Insurance Rate Maps (FIRMs) that identify 100-year and 500-year flood zones. As shown in Figure 6-1, the potential flood hazard areas identified on the FIRM maps in Carlsbad include the entire coastline and the following major drainage basins:  Buena Vista Creek and Buena Vista Lagoon  Agua Hedionda Creek, its northern tributary, and the Agua Hedionda Lagoon  San Marcos Creek and its northern tributary  Batiquitos Lagoon  Encinitas Creek Most jurisdictions within San Diego County, including the City of Carlsbad, participate in the National Flood Insurance Program. Pursuant to the City of Carlsbad’s Local Coastal Plan and Carlsbad Municipal Code Title 21 (Zoning), development is restricted within 100-year floodplain areas. FEMA relies on historical data to calculate flood frequencies and flood extent. Climate change is expected to increase rates of precipitation and the frequency of extreme precipitation events. These changing conditions could result in more frequent and severe riverine flooding which could impact properties within flood zones as well as emergency services, power, wastewater, and storm drainage infrastructure, exacerbating public health concerns. 6-12 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. 6-13 General Plan 6 Pu b l i c S a f e t y Figure 6-1 Potential Flood Hazards 6-14 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-15 General Plan 6 Pu b l i c S a f e t y Dam Inundation Dam inundation can be caused by the release of impounded water from structural failure or overtopping of a dam. There are five dams and a reservoir located within or adjacent to the City of Carlsbad, as shown in Figure 6-2: the Calavera, Maerkle, Melrose Avenue, San Marcos, and Bressi dams, and the Stanley A. Mahr reservoir. The San Diego County MJHMP identifies dam-failure risk levels based on dam inundation map data. The Calavera, Melrose Avenue and Stanley A. Mahr reservoir dams have been assigned high hazard ratings, Maerkle dam has an extremely high hazard rating, San Marcos dam has a significant hazard rating, and the Bressi dam has a low hazard rating. The California Division of Safety of Dams also classifies jurisdictional dams by downstream hazard potential. Calavera, Melrose Avenue, San Marcos and Stanley A. Mahr dams classify as high and Maerkle dam classifies as extremely high. Bressi dam is not a state jurisdictional dam. The California Division of Safety of Dams jurisdictional dams and the reservoir have emergency action plans in place. Calavera dam is owned by Carlsbad and operated by Carlsbad Municipal Water District. Maerkle is both owned and operated by Carlsbad Municipal Water District. Dam owners are responsible for preparing emergency action plans. The other dams located within or adjacent to Carlsbad must coordinate with the city on the preparation of their emergency action plans. The San Marcos dam is owned and operated by Citizens Development Corporation, the Stanley A. Mahr Reservoir is owned by the public utility Vallecitos Water District, and the Melrose Avenue Dam is owned by the Rancho Carrillo Homeowners Association. Dam owners are responsible for preparing Emergency Action Plans. These facilities are periodically inspected by the California Division of Safety of Dams. Sea Level Rise In California, sea levels have risen by as much as seven inches along the coast over the last century, resulting in eroded shorelines, deterioration of infrastructure, and depletion of natural resources. The San Diego County MJHMP identifies sea level rise as one of Carlsbad’s primary climate change vulnerabilities. Carlsbad has prepared a Sea Level Rise Vulnerability Assessment (2017) which draws on several guiding documents to target adaptation planning efforts.  California Coastal Commission adopted the California Coastal Commission Sea Level Rise Policy Guidance2 which summarizes 2 2015 Sea Level Rise Policy Guidance, California Coastal Commission. https://documents.coastal.ca.gov/assets/slr/guidance/August2015/0a_ExecSumm_Adopted_Sea_ 6-16 City of Carlsbad 6 Pu b l i c S a f e t y the best available science in predicting potential sea level rise impacts and recommends response strategies.  Preparing for Climate Change: A Guidebook for Local, Regional, and State Governments, published by ICLEI-Local Governments for Sustainability (Snover, A.K. et al. 2007) describes strategies to address the impacts of sea level rise in communities.  The California Adaptation Planning Guide, Planning for Adaptive Communities prepared by CalEMA, now known as CalOES, and the California Natural Resources Agency (CalEMA 2012)3. According to Cal-Adapt, an online tool (developed by the California Natural Resources Agency along with others), the historical average maximum (1961-1990) temperature in the Carlsbad area of 73.4 degrees F could increase by 4.0 to 7.0 degrees by the end of century period (2070-2099), depending on various emissions scenarios. According to the 2017 Carlsbad Sea Level Rise Vulnerability Assessment, sea level in Carlsbad could rise by as much as 1.6 feet by 2050 and 6.6 feet by 2100. Areas within Carlsbad that are particularly vulnerable to sea level rise are those areas immediately adjacent to the coast and the lagoons, which are similarly vulnerable to coastal storms. Potential strategies to reduce the impacts of sea-level rise on the city may include hard engineering (seawalls, breakwaters, levees) soft engineering (beach nourishment and/or replenishment, wetlands restoration) and restricting or reducing development near the coastal areas. In 2011, FEMA initiated the California Coastal Analysis and Mapping Project/Open Pacific Coast Study, which involves over 1,200 miles of new coastal flood hazard mapping and base-flood elevation determinations. Under this initiative, many coastal communities, including Carlsbad, will have coastal flood data and mapping updated for the first time in over 20 years. This study will improve the quality of the coastal data used for both floodplain management and planning purposes. Climate change is expected to increase the rate of sea level rise. The Carlsbad Sea Level Rise Vulnerability Assessment prepared in 2017 evaluated 1.6 feet of sea level rise by 2050 and 6.6 feet of sea level rise by 2100 as outlined in Figure 6-3. There are 5 hazard zones outlined within the Carlsbad Sea Level Rise Vulnerability Assessment: Level_Rise_Policy_Guidance.pdf. As of preparation of this General Plan, a 2018 update of the Sea Level Rise Policy Guidance has been adopted but was not used for the 2017 Sea Level Rise Vulnerability Assessment. 3 2012 California Adaptation Planning Guide, Planning for Adaptive Communities. As of preparation of this General Plan, a 2020 update of the Adaptation Planning Guide has been adopted but was not used for the 2017 Sea Level Rise Vulnerability Assessment 6-17 Figure 6-2 Dam Inundation Areas Figure 6-3 Sea Level Rise Projections 6-19 General Plan 6 Pu b l i c S a f e t y  Coastal Inundation Hazard Zone  Lagoon Inundation Hazard Zone  Bluff Hazard Zone  Coastal Flood Hazard Zone  Lagoon Flood Hazard Zone Each of these hazard zones are based on modeling conducted to analyze impacts of sea level rise. The zones were used to better understand which assets would be affected. According to the Carlsbad Sea Level Rise Vulnerability Assessment the following assets are considered to have moderate to high vulnerability to sea level rise:  Beaches: Approximately seven acres of beach area is projected to be impacted by inundation/erosion in 2050. Vulnerability is rated high for the 2100 horizon due to the significant erosion expected as the beaches are squeezed between rising sea levels and bluffs or coastal structures  Public access ways: A total of 12 vertical beach access ways exist within the Planning Zone of the Agua Hedionda Lagoon. A total of seven of these beach access ways were determined to be potentially impacted by coastal flooding by the year 2050. All 12 were found to be vulnerable to flooding and inundation by the year 2100. About 2.5 miles of horizontal access ways (trails) are vulnerable to flooding in the 2050-time horizon, and 7 miles of trails were found to be vulnerable by year 2100. Public access ways exist along the beach and lagoons in the city.  State parks: The Tamarack State Beach parking lot becomes partially exposed to flooding during extreme storm events by 2050. Exposure to flooding increases in year 2100 and complete flooding of the Tamarack State Beach parking lot can be expected during extreme storms events.  Parcels: A number of residential parcels in the vicinity of Terramar Point were determined to be exposed to bluff erosion hazards in the 2050 sea level rise scenario. Residential parcels along Terramar Point and the northern shoreline of Agua Hedionda Lagoon were found to be highly exposed to coastal hazards in 2100. The Hubbs Sea World Research Institute, the Carlsbad AquaFarm and the YMCA facility are also impacted as flood and tidal waters encroach onto these parcels.  Critical infrastructure: There were no impacts to parcels identified as critical infrastructure for the 2050 planning horizon. The Encina Power Station and the Carlsbad Desalination Plant parcels were identified as being partially exposed to fluvial flooding from Agua Hedionda Lagoon as a result of sea level rise in 2100. 6-20 City of Carlsbad 6 Pu b l i c S a f e t y  Transportation: Approximately 4,229 linear feet of Carlsbad Boulevard within the Agua Hedionda Lagoon Planning Zone are exposed to bluff erosion hazards during the 2050 planning horizon (high exposure). Carlsbad Boulevard provides a vital north-south linkage within the city; thus, its sensitivity to sea level rise is high. Vulnerability remains high for the 2100 planning horizon as 15,326 linear feet of Carlsbad Boulevard are exposed to bluff erosion and flooding during an extreme storm event.  Environmentally sensitive lands: Environmentally sensitive lands (e.g., lagoon, surrounding open lands, etc.) in the Agua Hedionda Lagoon area are exposed to increased tidal inundation and flooding with any rise in sea levels (high exposure). These assets are moderately sensitive to this exposure as wetland hydrology may be altered by the rising freshwater-saltwater interface and intertidal and subtidal ecosystems may be affected by changes in water depth and sunlight penetration.  Additional, qualitative assessments were provided on impacts of sea level rise on visual resources, cultural resources, saltwater intrusion, and lifeguard services. Impacts were characterized as none to moderate. The vulnerability of assets within Carlsbad to sea level rise are described below in Table 6–1. TABLE 6–1: CITY WIDE VULNERABILITY ASSESSMENT FINDING ASSET CATEGORY HORIZON IMPACTED ASSETS OVERALL VULNERABILITY RATING Beaches 2050 27 acres Moderate 2100 146 acres High 2 Public Access Ways 2050 26 beach access ways 2.6 miles of lateral access ways Moderate 2100 37 beach access ways 7.3 miles of lateral access ways Moderate State Parks 2050 6 Parcels Moderate-High 2100 6 Parcels Moderate-High Parcels 2050 564 Parcels Moderate 2100 657 Parcels High Critical Infrastructure 2050 0 Parcels Low 2100 8 Parcels Moderate Transportation 2050 1.6 miles High 2100 5.8 miles High Environmentally Sensitive Lands 2050 1,088 acres Moderate 2100 1,164 acres High Source: City of Carlsbad Sea Level Rise Vulnerability Assessment. 2017. 6-21 General Plan 6 Pu b l i c S a f e t y Tsunamis and Seiches Tsunamis are long wavelength ocean waves generated by sudden movements of the ocean bottom during events such as earthquakes, volcanic eruptions, or landslides. The County of San Diego maps zones of high risk for tsunami run-up. As shown in Figure 6-4, the only areas identified within the City of Carlsbad as having risk for tsunami run-up are the immediate vicinity of the Buena Vista, Agua Hedionda, and Batiquitos lagoons. The California Geological Survey Tsunami Hazard Areas also encompass all three lagoons but with upland areas immediately surrounding the waterbodies mapped as at-risk. These Tsunami Hazard Areas identify exposure to tsunami hazards to help inform coastal evacuation planning. Development of essential/critical or larger structures within the Tsunami Design Zone layer, also depicted in Figure 6-4, must meet design standards per the California Building Code. Seiches are defined as wave-like oscillatory movements in enclosed or semi-enclosed bodies of water such as lakes or reservoirs. Potential effects from seiches include flooding damage and related hazards from spilling or sloshing water, as well as increased pressure on containment structures. The County of San Diego maps zones of high risk for dam inundation throughout the county. The high-risk areas are located in other communities upstream in the Carlsbad Watershed Management Area. 6-22 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. Figure 6-4 Maximum Tsunami Projected Run-up 6-24 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-25 General Plan 6 Pu b l i c S a f e t y 6.4 Geologic and Seismic Hazards Geology and Soils The City of Carlsbad is within the coastal portion of the Peninsular Ranges Geomorphic Province, a region characterized by northwest-trending structural blocks and intervening fault zones. Topographically, the Peninsular Ranges Province is composed of generally parallel ranges of steep-sloping hills and mountains separated by alluvial valleys. More recent uplift and erosion has produced the characteristic canyon and mesa topography present today in western San Diego County, as well as the deposition of surficial materials including Quaternary-age (less than approximately two million years old) alluvium, colluvium, and topsoil.4 Figure 6-5 shows the local geology of Carlsbad. Seismicity There are no active faults that run directly through Carlsbad. Additionally, the California Geologic Survey does not include the City of Carlsbad on its list of cities affected by Alquist-Priolo Earthquake Fault Zones. The nearest fault to the city is the Newport-Inglewood-Rose Canyon Fault, which runs offshore of the western edge of the city and is considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Although there are no active faults within Carlsbad, the city is located within a seismically active region and earthquakes have the potential to cause ground shaking of significant magnitude. Figure 6-6 shows the location and extent of the profiled earthquake faults within San Diego County based on a United States Geological Survey earthquake model that shows probabilistic peak ground acceleration. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone. 4 Ibid. 6-26 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. 6-27 Figure 6-5 Geology Figure 6-6 Earthquake Faults 6-29 General Plan 6 Pu b l i c S a f e t y Historical documents record that an earthquake centered either on the Rose Canyon or Coronado Bank faults struck San Diego on May 27, 1862, damaging buildings in Old Town and causing ground rupture near the San Diego River mouth. This earthquake is believed to have had a magnitude of about 6.0 based on descriptions of the damage it caused. The strongest recorded earthquake in the San Diego area was a magnitude of 5.3 on the Richter scale that struck on July 13, 1986 on the Coronado Bank fault, 25 miles offshore of Solana Beach. There have been several moderate earthquakes recorded within the Rose Canyon Fault Zone as well. On June 17, 1985, three earthquakes hit San Diego measuring 3.9, 4.0, and 3.9, respectively, and on October 28, 1986, a stronger earthquake with a magnitude of 4.7 occurred.5 Seismic Risk to Development Earthquake damage to structures can be caused by ground rupture, liquefaction, ground shaking, and possibly inundation from tsunami (as discussed above). The level of damage at a location resulting from an earthquake will depend upon the magnitude of the event, the epicenter distance, the response of geologic materials, and the design and construction quality of structures. During an earthquake, shaking of granular loose soil saturated with water can lead to liquefaction, a condition in which sediments below the water table temporarily lose strength during an earthquake and behave as a viscous liquid rather than a solid. As a result, this can cause structures to lose foundation-bearing capacity. Historically, seismic shaking levels in the San Diego region, including in Carlsbad, have not been sufficient enough to trigger liquefaction, and as such, the city generally has a low liquefaction risk. However, there are areas of the city that have a higher risk of liquefaction due to the presence of hydric soils or soils that are often saturated or characteristic of wetlands. These areas are limited to the immediate vicinity of the Buena Vista, Agua Hedionda, and Batiquitos Lagoons, as shown in Figure 6-7. Additionally, in general, south facing slopes in Carlsbad are gentle grade and not prone to landslides, while north facing slopes are generally steeper and more susceptible to landslides. Areas where landslides could be induced by earthquakes are mapped as Figure 6-8. Development in a liquefaction hazard zone requires adherence to the guidelines for evaluating and mitigating seismic hazards as required by California Public Resources Code Section 2695(a). Before a development permit can be granted for a site within a seismic hazard zone, a geotechnical investigation of the site must be conducted, and appropriate mitigation measures incorporated into the project design. Mitigation of liquefaction hazards can include edge containment 5 Deméré, Thomas A., Ph.D., San Diego Natural History Museum, Geology of San Diego County, California, http://www.sdnhm.org/archive/research/paleontology/sdfaults.html, accessed on September 25, 2012b 6-30 City of Carlsbad 6 Pu b l i c S a f e t y structures (e.g., berms, dikes, retaining walls, etc.), driving piles, removal or treatment of liquefiable soils, or modification of site geometry. The city’s Building Division implements and enforces the Carlsbad Municipal Code and the California Building Code regulations relative to seismic risk to development. Chapter 18.07 of the Carlsbad Municipal Code specifies the need and establishes guidelines for the seismic upgrade of unreinforced masonry buildings. 6-31 Figure 6-7 Liquefaction Hazards Figure 6-8 Landslide Susceptibility 6-33 General Plan 6 Pu b l i c S a f e t y 6.5 Airport Hazards For land use policies related to the airport, see Chapter 2: Land Use and Community Design. For noise policies related to the airport, see Chapter 5: Noise Element. The McClellan-Palomar Airport, located in Carlsbad, serves the northern part of San Diego County. The airport, owned and operated by the County of San Diego, is defined by the Federal Aviation Administration (FAA) as a commercial service airport that, in addition to private aircraft, has regularly scheduled commercial flights to Los Angeles International Airport (LAX). Long-term extension projects for the McClellan-Palomar Airport, including 800 feet of runway extension of Runway 6/24 and Taxiway A, are set forth in the McClellan-Palomar Airport Master Plan that was approved by the County of San Diego in October 2021.6 The McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) is prepared according to FAA requirements and adopted by the San Diego County Regional Airport Authority acting as the Airport Land Use Commission for the County of San Diego. The ALUCP provides measures to minimize the public’s exposure to excessive noise and safety hazards within areas around the airport and identifies areas likely to be impacted by noise and flight activity created by aircraft operations at the airport. These impacted areas include the Airport Influence Area (AIA), the Clear Zone, and the Flight Activity Zone. The AIA, shown in Figure 6-9, includes a large portion of the City of Carlsbad, as well as portions of the cities of Vista, San Marcos, and Escondido. Within the AIA, the ALUCP establishes six safety zones for the purpose of evaluating safety compatibility of new/future land use actions. The safety zone boundaries depict relative risk of aircraft accidents occurring near the airport and are derived from general aviation aircraft accident location data and data regarding the airport’s runway configuration and airport operational procedures. The ALUCP limits development intensities in these zones by imposing floor area and lot coverage maximums, by incorporating risk reduction measures in the design and construction of buildings, and/or by restricting certain uses altogether. Generally, allowable uses and development intensities range from most restrictive in Safety Zone 1 to least restrictive in Safety Zone 6 (these are shown in Figure 6-9). For example, all residential and virtually all non-residential uses are considered incompatible land uses in Zone 1, while all land uses in Zone 6 are considered to be either compatible or conditionally compatible with the airport. The FAA establishes airspace protection zones in the airspace above and surrounding airports in order to protect aircraft from obstructions such as buildings, towers, etc. in navigable airspace. Airspace protection 6 McClellan-Palomar Airport Master Plan Update. October 2021. https://www.sandiegocounty.gov/content/dam/sdc/dpw/AIRPORTS/palomar/documents/Master-Plan-Update/2021/H-Master_Plan_Update_2021.pdf 6-34 City of Carlsbad 6 Pu b l i c S a f e t y zones are defined in Part 77 of the Code of Federal Aviation Regulations; the protected airspace around McClellan-Palomar Airport is depicted in Figure 6-9. The ALUCP also requires that certain development projects record overflight notification documents in order to provide constructive notice to current and prospective property owners of aircraft activity within the vicinity of the airport. Under certain circumstances, developers of specific properties may be required to grant avigation easements to the airport owner (County of San Diego). Among other things, an avigation easement grants the right of flight in the airspace above the property, allows the generation of noise and other impacts associated with overflight, restricts the height of structures, trees and other objects on the property, prohibits potential on ground flight hazards (sources of light/glare, etc.) and permits access to the property to remove or mark objects exceeding the established height limit. Figure 6-9 depicts the avigation easement and overflight notification areas surrounding the airport. The city requires review of all proposed development projects within the AIA. New development proposals must process a site development plan, or other development permit, and be found to be consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight, as contained in the ALUCP. Additionally, development proposals are required to comply with FAA regulations concerning the construction or alteration of structures that may affect navigable airspace. 6-35 Figure 6-9 McClellan-Palomar Airport Influence Area/Safety Zones 6-36 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-37 General Plan 6 Pu b l i c S a f e t y 6.6 Railroad Hazards For Mobility policies related to the railroad, see Chapter 3: Mobility. For noise policies related to the railroad, see Chapter 5: Noise Element. Safety hazards related to transportation of hazardous materials are discussed in Section 6.7, below. The North County Transit District (NCTD) owns the north/south railroad that parallels Carlsbad’s entire seven-mile coastline, as well as Interstate-5 and Carlsbad Boulevard. NCTD operates the Coaster commuter rail service on this rail line and owns two passenger rail stations located within the city: Carlsbad Village and Carlsbad Poinsettia stations. The Atchison, Topeka & Santa Fe freight line and the Amtrak passenger service also use the rail line through the city. The railroad, while providing a vital service for passenger transit and goods movement through the city, presents potential safety concerns in the city. The railroad acts as a barrier and restricts east/west access for emergency services; it also results in the potential for train collisions with automobiles, bicyclists and pedestrians. From 2018 through 2023, a total of 12 train incidents have occurred between the Carlsbad Village and Poinsettia Coaster stations, all involving pedestrians and all unfortunately fatal. As part of the North Coast Corridor (NCC) Program, the San Diego Association of Governments (SANDAG) plans, during the next 20 years, to construct nearly $820 million in improvements to the San Diego County rail corridor, including a primary effort to double track the corridor from Orange County to downtown San Diego. Double tracking the rail corridor through San Diego County will add the capacity for approximately 100 more railcars per day through the corridor. To date, the majority of the rail corridor has been double tracked with approximately two miles remaining as single-tracked through the City of Carlsbad: 1.1 miles through the Village from the Oceanside border on the north to Pine Avenue on the south and 0.75 miles near the southern border with Encinitas, including the Batiquitos Lagoon bridge.7 Other infrastructure improvements planned by SANDAG include bridge and track replacements, new platforms, pedestrian under-crossings, and other safety and operational enhancements. Along the rail corridor through Carlsbad, SANDAG is considering two options for double tracking the railroad: at-grade tracks and grade-separated tracks (railroad tracks located in a trench below street grade). The city is working closely with SANDAG and other agencies to encourage and support the grade separated option, which would increase east-west crossings and improve east-west access for emergency services and would reduce the potential for train collisions with automobiles, bicyclists and pedestrians. 7 LOSSAN Coastal Rail Corridor. SANDAG. https://lossanmap.sandag.org/ 6-38 City of Carlsbad 6 Pu b l i c S a f e t y 6.7 Hazardous Materials Hazardous materials include a wide variety of substances commonly used in households and businesses. Motor oil, paint, solvents, lawn care and gardening products, household cleaners, gasoline, and refrigerants are among the diverse range of substances classified as hazardous materials. Nearly all businesses and residences generate some amount of hazardous waste. Certain businesses and industries, including gas stations, automotive service and repair shops, printers, dry cleaners, and photo processors, generate larger amounts of such substances. Hospitals, clinics, and laboratories generate medical waste, much of which is also potentially hazardous. Some hazardous materials present a radiation risk. Radioactive materials, if handled improperly, or if radiation is accidentally released into the environment, can be dangerous because of the harmful effects of certain types of radiation on the human body. Hazardous Materials Transport Major transportation routes within Carlsbad include Interstate 5 and State Route 78, surface streets, and the San Diego Northern railroad. There are high pressure fuel lines along El Camino Real and other areas, as shown in Figure 6-10. These transportation routes and pipelines are used to transport hazardous materials from suppliers to users. Transportation accidents involving hazardous materials could occur on any of the routes, potentially resulting in explosions, physical contact by emergency response personnel, environmental degradation, and exposure to the public. Hazardous Materials Facilities The County of San Diego, through its Certified Unified Program Agency (CUPA), has recorded (as of 2012) approximately 338 facilities within Carlsbad that store and maintain chemical inventories that exceed mandatory disclosure amounts of any single chemical in excess of 55 gallons, 500 pounds or 200 cubic feet. In addition, there are 180 facilities within the city that are registered with the U.S. EPA as generators of hazardous waste. Potential Environmental Hazards Sites within the City of Carlsbad where the presence of hazardous materials present potential environmental hazards were identified using information from state databases and a review of online regulatory files for select sites. The databases used were EnviroStor, which identifies hazardous waste facility and cleanup sites, and SWRCB GeoTracker, which identifies permitted underground storage tanks 6-39 Figure 6-10 Electric and Gas Transmission Lines 6-40 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-41 General Plan 6 Pu b l i c S a f e t y (UST) and cleanup sites. The databases included the following types of sites: release sites (cleanup sites), UST sites, permitted hazardous waste facilities, wastewater treatment tiered permit facilities, and proposed school sites evaluated by the California DTSC for the presence of hazardous materials. The hazardous materials sites identified in the EnviroStor and GeoTracker databases were evaluated as part of the General Plan Environmental Impact Report (EIR) in order to rank the sites in terms of potential environmental concern. Using the databases, a total of 214 hazardous materials sites with 126 unique listings were identified within Carlsbad (see the General Plan EIR for details of the listings). A total of 110 of those unique site listings have had known releases, while the remaining 16 have not had known releases. The San Diego Regional Water Quality Control Board’s Geographic Environmental Information Management System is a data warehouse that tracks regulatory data about underground fuel tanks, fuel pipelines and public drinking water supplies using GeoTracker; as information in the database is periodically updated, the database should be consulted for current information. 6-42 City of Carlsbad 6 Pu b l i c S a f e t y 6.8 Police, Fire, and Emergency Management Police Services The Carlsbad Police Department conducts its safety services out of the Carlsbad Police and Fire Headquarters located on Orion Way. The Police and Fire Headquarters location is depicted on Figure 6-11. The patrol division is the core of the Police Department’s law enforcement services, responding to more than 100,000 calls for service annually. Although responding to 911 calls and street patrols are the majority of the patrol division’s activity, other special services in the department include, the homeless outreach team, crime suppression team, investigations unit, traffic unit, school resource officers, canine units, bicycle patrol, crisis negotiations, bilingual services, SWAT and Psychiatric Emergency Response Teams (PERT). In May 2012, the Carlsbad Safety Training Center was completed to provide necessary training for local police, fire and other safety workers. The training center is located next to the Police and Fire Headquarters, and includes classrooms, a shooting range and structures that can be used to simulate fires in residential and commercial buildings as well as help police conduct tactical training. Anticipated Space Needs for the Police Department To accommodate population growth, the Police Department expects to grow to a point where it will need to occupy the space inside the Police and Fire Headquarters that is currently occupied by the Fire Administration. Alternative solutions the Police Department is considering include relocating the Fire Administration to another facility or expanding the Police and Fire Headquarters to accommodate Police Department growth and the continued presence of Fire Administration. Also needed by the Police Department is a secure storage facility for evidence storage to include large pieces of evidence, such as vehicles. Fire and Emergency Medical Services The City of Carlsbad has seven fire stations, indicated in Figure 6-11. The oldest of the stations was constructed in 1966, while the newest was completed in 2023. The Fire Department is divided into two Bureaus, the Bureau of Fire Operations and Bureau of Community Risk Reduction and Resilience. Fire Operations is the largest Bureau within the Carlsbad Fire Department and is responsible for fire suppression, rescue, emergency medical service delivery, marine safety, and disaster mitigation. The 6-43 Figure 6-11 Public Safety Services 6-44 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-45 General Plan 6 Pu b l i c S a f e t y The Fire Department delivers advanced life support level care on all fire engines, fire ladder trucks and ambulances and provides advanced life support via lifeguard services along the city’s northern most beach, commonly referred to as “North Beach”. Currently, more than 75 percent of the city’s fire suppression personnel are licensed paramedics; frequently multiple paramedics are available on-scene at emergency incidents. City of Carlsbad SWAT medics are firefighter/paramedics on special assignment working alongside the Carlsbad Police Department SWAT team. SWAT medics are also deployed with Carlsbad police officers in support of other law enforcement units such as the San Diego Sheriff’s SWAT team and the regional law enforcement task force. TABLE 6–2: FIRE STATIONS SUMMARY STATIONS BUILT ADDRESS STAFFING DESCRIPTION 1 1966 1275 Carlsbad Village Dr. Crew of five: captain, engineer, two paramedic / firefighters and one emergency medical technician 2 2022 1906 Arenal Rd. Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 3 2016 3465 Trailblazer Way Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 4 1986 6885 Batiquitos Dr. Crew of three: captain, engineer and paramedic/firefighter 5 1988 2540 Orion Way Crew of four: duty battalion chief, captain, engineer, and paramedic/firefighter 6 2009 7201 Rancho Santa Fe Rd. Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 7 2023 4600 Carlsbad Blvd. Crew of six: captain, engineer, three paramedic/firefighters and one emergency medical technician Anticipated Space Needs for the Fire Department Based on needs identified by the Carlsbad Police Department for additional space, considerations will need to be made for the relocation of Fire Administration in close proximity to Fire Station No. 5 and the Carlsbad Safety Training Center. Consideration of the relocation of Fire Prevention staff to the same location as Fire Administration should also be made. The Fire Department completed its first Fire Station Master Plan in 2023 to help identify current and future fire station needs with city growth in mind. Increased service demands, changes in staffing, and the increasing size of fire apparatus require considerations for increasing the number and capabilities of these city facilities. The Fire Station Master plan also incorporates the potential of adding additional fire stations based on recommendations of the Fire Department Standards of Coverage. The Standards of Coverage is a document used by fire departments to assess local risks and demographics and determine the level of protection needed to 6-46 City of Carlsbad 6 Pu b l i c S a f e t y minimize those risks. The current standards of coverage account for increases in growth and subsequent increases in demands for service by anticipating the need for two additional Fire Stations (station eight and nine) as growth occurs. Wildland Fire Hazards The California Department of Forestry and Fire Protection (CAL FIRE) has mapped Fire Hazard Severity Zones throughout California. The Fire Hazard Severity Zone (FHSZ) maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior.8 Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. There are three levels of hazard in the State Responsibility Areas: moderate, high, and very high. Currently only Very High Fire Hazard Severity Zones (VHFHSZ) are identified in local government jurisdictions. The large amounts of open space and wildland make Carlsbad susceptible to brush fires year-round. The proximity of native vegetation and the climate of the region contribute to sections of the city having VHFHSZs, as illustrated in Figure 6-12. Specifically, the central and eastern portions of Carlsbad are mapped within VHFHSZs.9 The frequency, area, and severity of wildfires have increased significantly within San Diego County over the past two decades. Recent fires of the Boulevard, Park, and Poinsettia fires have occurred in city limits in January 2022, January 2021, and May 2014 respectively. For Carlsbad this trend of increased wildfires is projected to continue through mid and end-century projections. Wildfire events are a product of temperature increases compounded with precipitation declines creating wildfire prone conditions. San Diego County’s wildfires are influenced by Santa Ana Winds and fuel availability. Critical facilities are facilities in either the public or private sector that provide essential products and services to the public, are otherwise necessary to preserve the welfare and quality of life in the city, or fulfills important public safety, emergency response, and/or disaster recovery functions. The city’s critical facilities have been identified based on city staff designations. They include schools, fire stations, police stations, transportation systems, libraries, parks, city hall, hospitals, utility systems, and planned critical facilities. 8 County of San Diego, 2010, San Diego County Multi-Jurisdiction Hazard Mitigation Plan, page 4-89. 9 County of San Diego, 2010, San Diego County Multi-Jurisdiction Hazard Mitigation Plan, page 4-93 and 4-94. 6-47 Figure 6-12 Fire Hazard Severity Zones 6-48 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-49 General Plan 6 Pu b l i c S a f e t y There are several critical facilities within the city’s VHFHSZ including four parks, three schools, two fire stations, the police department, and the wastewater treatment facility. Several roads and residential areas are also located within the city’s VHFHSZ. Several fires have afflicted the boundaries of Carlsbad including the Boulevard, Park, and Poinsettia fires. Wildfires can create risk of injury, death, or financial hardship if personal property is damaged as well as physical damage to all other assets. Wildfires can also result in cascading risks for vulnerable populations, such as when power or communication infrastructure is damaged. Urban Fire Hazards Urban fire risk in Carlsbad is greatest in older structures and neighborhoods built before modern building codes for fire safety and building systems were in place. Other factors affecting urban fire risk and relative likelihood of loss of life or property include building age, height and use; storage of flammable material; building construction materials; availability of sprinkler systems; and proximity to a fire station and hydrants. Peakload Water Supply Requirement The Carlsbad Fire Department requires a minimum flow of water for fire protection in accordance with the adopted amended California Fire Code and the Insurance Services Office standards. Certain standards are based on type of construction, type of use and any built-in fire protection (sprinklers, etc.). There are sites within the city that are in need of fire flow capacity upgrades. As noted in the 2019 Water Master Plan, capital improvement projects regarding pipe upsizing have been identified at several sites in Carlsbad including at Robertson Ranch and within Quarry Creek. There are currently no known water flow pressure or supply deficiencies in Carlsbad. The Carlsbad Fire Marshal reviews proposed projects to ensure adequate fire hydrant locations, water flow pressure, and access for emergency vehicles is provided. Minimum Road Widths and Clearances Around Structures Clear emergency vehicle access to buildings is important. Such access is regulated by the adopted and amended California Fire Code and applicable Carlsbad engineering standards. 6-50 City of Carlsbad 6 Pu b l i c S a f e t y 6.9 Emergency Management and Resilience Coordination and Management Chapter 6.04 of the Carlsbad Municipal Code defines the organization, power and duties of the City of Carlsbad emergency organization. The City of Carlsbad Fire Department’s Office of Emergency Management and Resilience directs, conducts, and implements city-level emergency plans, programs, training, and exercises and coordinates multi-department citywide emergency operations. The strategic focus of the Emergency Management and Resilience program is contained in the mission statement: “To provide leadership to the City of Carlsbad and throughout the whole community to ensure each organization is prepared to prevent, protect against, mitigate, respond to, and recover from all threats and hazards.” By resolution, the city has adopted the State of California Standardized Emergency Management System (SEMS), National Incident Management System (NIMS) and Incident Command System (ICS) as its emergency management systems. The City of Carlsbad Emergency Operations Plan (EOP) establishes processes and procedures for coordinating multi-department and multi-jurisdictional emergency response, defines the city’s organizational emergency response structure, and identifies roles and responsibilities. The city’s EOP identifies the Emergency Operations Center (EOC) as the location from which centralized emergency management would be performed during a large-scale emergency or business disruption. The purpose of the Emergency Operations Center (EOC) is to coordinate and support city-level emergency operations. Primary functions of the EOC include information sharing and resource coordination, public information and public emergency notification, coordination with external agencies and EOCs, and implementation of executive decisions and priorities. All City of Carlsbad employees are disaster service workers, and employees across multiple city departments are trained EOC responders and emergency shelter workers. Emergency preparedness and disaster response information is shared with the public through the City of Carlsbad’s website, emergency mass notification systems, social media including the countywide “emergency” mobile application, and traditional media. Evacuation Routes Carlsbad is a participant in the Unified Disaster Council (UDC) San Diego Operational Area Emergency Operations Plan (September 2022) which contains evacuation routes resulting from a variety of emergencies. Evacuation routes in this document are incorporated by reference in 6-51 General Plan 6 Pu b l i c S a f e t y this General Plan; the document can be accessed at https://www.sandiegocounty.gov/content/dam/sdc/oes/emergency_management/plans/op-area-plan/2022/EOP2022_Complete%20Plan.pdf. Single access points of entry and exit were identified in compliance with SB 99 (see Figure 6-13 and consistent with OPR’s 2022 technical advisory document on Fire Hazard Planning. OPR’s guidance clarifies that cities and counties must identify residential developments with less than two evacuation routes located in any hazard zone considered by the Safety Element. This analysis took a conservative approach and assessed all Carlsbad residential developments for single access entry and exit points, as most of the city is in at least one hazard risk zone. The process to identify the residential developments that have less than two routes that can be used for emergency evacuation in Carlsbad included: 1. Identifying residential neighborhoods based on residential land use designations consistent with the Carlsbad General Plan Land Use Designations Map. 2. Identification of roads that connect to major and minor streets as identified by SANDAG by a single route were identified and marked. 3. The number of assessor parcel number boundaries adjacent to a marked road were counted. In low density residential land use areas with single family homes, the number of parcels with driveway access to the street were counted and included as a single entry/exit neighborhood if there were 30 or more units serviced by the local road. The 30 or more units threshold is consistent with the California Public Resources Code Section 4290.5 which defines subdivision as an existing residential development of more than 30 dwelling units10. 4. Medium and high-density land use areas were evaluated using the same methodology of or more dwelling units. Figure 6-13 identifies multiple residential developments in Carlsbad with a single access point of entry/exit. There are single access neighborhoods located throughout Carlsbad, including one adjacent to coastal hazard zones and six located within or adjacent to city designated Wildland Preplan areas. Wildland Preplan areas are areas within VHFHSZ with existing evacuation plans as determined by the city. Single access points, particularly in wildfire hazard zones, can make emergency evacuations problematic during an emergency, such as a wildfire. 10 Assembly Bill 2911 added Section 4290.5 to the Public Resources Code requiring the California Board of Forestry and Fire Protection to identify existing subdivisions with more than 30 dwelling units located in the State Responsibility Area or Local Responsibility Area Very High Fire Hazard Severity Zone without a secondary means of egress route that are at significant fire risk. 6-52 City of Carlsbad 6 Pu b l i c S a f e t y Figure 6-13 also illustrates the major evacuation routes within Carlsbad, including the routes outlined by the Police Department Evacuation Plans developed in 2011 identified in Table 6–3. The map of evacuation routes is further organized by Wildland Preplans in Carlsbad including Hosp Grove, Calavera Hills, Sunny Creek Road, Box Canyon, Dank Tank, and Green Valley. Additional evacuation routes identified in these preplan areas include connections to Interstate 5 from Sunny Creek Road, Rancho Santa Fe Road, La Costa Avenue, Levante St-El Camino Real, Calle Barcelona-Leucadia Boulevard, and Palomar Airport Road/West San Marcos Boulevard. TABLE 6–3: POLICE DEPARTMENT EVACUATION PLANS (2011) EVACUATION PLAN FOR WILDLAND PREPLAN AREAS EVACUATION ROUTE(S) Old Carlsbad (Beats 1,2 & 3 • Carlsbad Village Drive to I-5 • Las Flores to I-5 • Tamarack Avenue to I-5 • Cannon to I-5 • Jefferson Street to Highway 78 Calavera Area (Beat 4) • Carlsbad Village Drive to El Camino Real • College Boulevard to Highway 78 • Carlsbad Village Drive to I-5 • Tamarack Avenue to I-5 • El Camino Real to Cannon Road to I-5 Industrial Core Area (Beat 5) • W/B Cannon to I-5 or E/B Cannon to El Camino Real. • W/B Faraday to Cannon to I-5 or E/B Faraday to El Camino Real to Melrose. • W/B Palomar Airport Rd to I-5 or E/B Palomar Airport Rd. to El Camino Real to Melrose and beyond. La Costa – Olivenhain Area • La Costa Ave. to I-5 • Rancho Santa Fe Road to Olivenhain Road to Leucadia Blvd. to I-5 • Levante St. to El Camino Real to La Costa Ave. to I-5 • Calle Barcelona to Leucadia Blvd. to I-5 Poinsettia West Area (Beat 6 & 7) • Aviara Parkway to I-5 • El Camino Real to Palomar Airport Rd. • El Camino Real to La Costa Ave • El Camino Real to Poinsettia Ln. Poinsettia East Area (Beat 6/7 East) • Melrose Drive to Palomar Airport Road/Rancho Santa Fe. • El Fuerte to Palomar Airport Rd./Alga Rd. • Alicante to Poinsettia Ln./Alga Rd • El Camino Real to Palomar Airport Rd./La Costa Ave. • Palomar Airport Rd. to I-5/Business Park • Poinsettia Ln. to Alga Rd. or El Camino Real • Alga to Aviara Parkway/El Camino Real/Melrose Dr. 6-53 Figure 6-13 Single Access Roads 6-54 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-55 General Plan 6 Pu b l i c Sa f e t y Evacuation capacity, safety, and viability were analyzed in compliance with AB 747. The evacuation routes identified in Table 6–3 include a citywide network of arterial roadways with a maximum capacity of 1,800 vehicles per hour per lane that can be utilized in unique combinations to provide effective transportation during a range of emergency scenarios. Dependent on the type and location of the emergency, evacuation locations include the Pine, Stagecoach, and Calavera Hills community centers. The performance standard for the city’s circulation system is guided by the General Plan Mobility Element as follows:  Implementing Policy 3-P.4: Implement the city’s Multi-modal Level of Service methodology and maintain Level of Service D or better for each mode of travel for which the Multi-modal Level of Service standard is applicable…. The greatest threat to the capacity of identified evacuation routes is either an existing low volume design and/or over capacity utilization, typically associated with peak hour commute trips. Critical points would include intersections of major arterials, at-grade railroad crossings, and freeway interchanges. Identified evacuation routes constrained due to low volume design (two lane roadways) include:  Las Flores Drive  Levante Street  Jefferson Street Morning/evening peak hour congestion, represented as failing level of service and documented in the Fiscal Year 2021-22 Growth Management Plan Monitoring Report Circulation Section in 2022, affects the following evacuation route segments:  Palomar Airport Road between Avenida Encinas and Paseo del Norte (interchange at I-5)  Cannon Road between Avenida Encinas and Paseo del Norte (interchange at I-5)  El Camino Real between Marron Road and the border with Oceanside (interchange at SR 78)  Palomar Airport Road between El Fuerte Street and Melrose Drive  El Camino Real between Cannon Road and College Boulevard  El Camino Real between Aviara Parkway and La Costa Avenue  La Costa Parkway between I-5 and El Camino Real The identified evacuation network is generally free from constraint due to physical hazards during emergencies. Over the past 20 years, only minor impacts to evacuation routes have been experienced in the form of flooding, 6-56 City of Carlsbad 6 Pu b l i c S a f e t y fire hazard, landslide, hillside collapse, downed trees/overhead utilities, etc. Even though multiple routes include either overpasses or underpasses, the threat of constraint from these features is low given the relatively young age of the infrastructure and lack of structural issues to date. None of the identified evacuation routes experiences regular or chronic constraints that would present a vulnerability to that route or the network as a whole. The City of Carlsbad has emergency operations plans and mutual aid agreements with other responsive agencies that can, to a large extent, utilize the roadway network effectively through operational changes to maximize existing capacity in the most effective manner. 6-57 General Plan 6 Pu b l i c S a f e t y 6.10 Climate Change Climate change is already having, and will continue to have, myriad adverse impacts on the Earth’s natural and built systems, resources, and the human populations that rely on them. While climate change is a global phenomenon, the effects will vary locally based on the natural and built environment and systems in place. Generally, climate change is anticipated to amplify existing hazards including but not limited to extreme heat, drought, wildfires, landslides, flooding, sea level rise, and air quality. The City of Carlsbad prepared a Climate Change Vulnerability Assessment (CCVA) which is available on the city website at this link: https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-documents/-folder-769. The CCVA assesses how the community and natural and built assets in Carlsbad are vulnerable to climate change. In Carlsbad, climate conditions and associated natural hazards are expected to change in the following ways:  Extreme heat: Extreme heat days occur when the maximum temperature is above 92.5°F. The annual number of extreme heat days is projected to increase by as much as 22 days per year by 2100.  Drought: Climate change will increase the likelihood that low-precipitation years will coincide with above-average temperature years. Warming temperatures increase seasonal dryness and the likelihood of drought due to decreased supply of moisture and increased atmospheric demand for moisture as evaporation from bare soils and evapotranspiration from plants increases.  Wildfire: Carlsbad is expected to experience an increase in the number of days with extreme wildfire risk, from 14 days annually to 63 days by mid-century and 113 days by end-century.  Landslides: Triggered by extreme bouts of precipitation on wildfire burn scars, the susceptibility of the larger San Diego region to landslides is projected to increase as precipitation variability increases and wildfires increase in frequency, area, and severity.  Riverine and Stormwater Flooding: Climate change may cause low-lying areas throughout Carlsbad to experience more frequent flooding and could increase the extent of 100-year floods.  Air Quality: Due to extended droughts, more frequent wildfires, increased ambient temperatures, and sporadic natural filtrations of fog and wind air quality in Carlsbad may decline significantly. 6-58 City of Carlsbad 6 Pu b l i c S a f e t y  Sea Level Rise: The Carlsbad Sea Level Rise Vulnerability Assessment anticipates 1.6 feet of sea level rise by 2050 and 6.6 feet of sea level rise by 2100. Impacts to coastal assets are described in detail under Section 6.3. Though climate change affects everyone in a community, not all people are impacted equally. For example, historically disadvantaged communities, people of color, outdoor workers, elderly and very young community members, lower-income populations, and those with chronic health conditions tend to experience increased exposure and/or physiological sensitivity to climate hazards and a reduced capacity to adapt.11 As recommended by the California Adaptation Planning Guide several data sources and tools were used in evaluating both population and climate hazard vulnerabilities including the U.S. Census 2015-2019 American Community Survey, Cal-Adapt, California’s Fourth Climate Change Assessment, The California Healthy Places Index, and CalEnviroScreen 4.0. The following vulnerable populations have been identified in Carlsbad consistent with the California Adaptation Planning Guide and the Southern California Adaptation Planning Guide:  Individuals with High Outdoor Exposure, including outdoor workers and people experiencing homelessness, face disproportionate direct exposure to climate hazards, causing them to be extremely vulnerable to the effects of climate change.  Under-resourced individuals often do not have access or the ability to afford resources needed to prepare for, cope with, and recover from climate change impacts. Individuals who are unemployed or are low-income often face financial barriers when preparing for and recovering from climate change hazards. Individuals in these groups often live in homes that are less protected against climate hazards.  Individuals Facing Societal Barriers also face additional impacts of climate change. Non-white individuals are more likely to live in high hazard risk areas and less likely to be homeowners, which leaves them vulnerable to climate hazards.  Individuals with chronic health conditions or health related sensitivities are socially and physiologically vulnerable to climate change impacts and hazards. Older adults and individuals with disabilities may have limited or reduced mobility, mental function, or communication abilities, making it difficult to evacuate during or prepare for a climate hazard 11 The California Adaptation Planning Guide describes factors that contribute to disproportionate impacts from climate change: “There are many reasons why some groups of people are more susceptible to climate related hazards—limited access to financial resources, health challenges or disabilities (physical, cognitive, behavioral, and all other forms), living or working conditions that result in greater exposure to hazard events, physical or social isolation, historical and current marginalization or deprivation of resources, and reduced agency or ability to make decisions. These are all factors that can lead to a greater potential for harm, and many people fall into more than one category.” (Page 62) 6-59 General Plan 6 Pu b l i c S a f e t y event. They may also have medical needs for electricity which may be impacted during a public safety power shutoff or climate hazard event. Natural and recreational resources, buildings and facilities, and infrastructure and critical services are also vulnerable to the effects of climate change and were evaluated in detail in the Climate Change Vulnerability Assessment:  Natural resources are highly vulnerable to extreme heat, drought, wildfire, flooding, and sea level rise. Vulnerability for natural resources includes the risk of habitat conversions and damage, mortality, and scarcity of resources for plants and wildlife.  Buildings and facilities in the city are highly vulnerable to sea level rise (detailed discussion provided in Section 6.3). Buildings and facilities located in inundation zones are at risk of structural damage from sea level rise. Several facilities are in the wildfire hazard severity zones of Carlsbad. These buildings and facilities are at risk of structural damage from wildfire.  Infrastructure and dependent populations experience additional cascading impacts around power outages from downed utility lines, power safety shut offs and grid overload. All forms of power outages can affect how critical services are able to perform their needed functions during a hazard. Infrastructure and critical services are also highly vulnerable to extreme heat, flooding, and air quality Table 6–4 below summarizes each asset grouping’s highest vulnerabilities by hazard along with corresponding policies that address the primary vulnerabilities in the Goals and Policies section. 6-60 City of Carlsbad 6 Pu b l i c S a f e t y TABLE 6–4: CLIMATE CHANGE VULNERABILITY ASSESSMENT HIGH VULNERABILITY FINDINGS CLIMATE HAZARD IMPACT SCORE ADAPTIVE CAPACITY SCORE VULNERABILITY SCORE CORRESPONDING POLICY Vulnerable Populations Extreme Heat High Medium 4-High 6-P.85 Wildfire High Medium 4-High 6-P.55, 6-P.66 6-P.79 Riverine and Stormwater Flooding Medium Low 4-High 6-P.1, 6-P.6 Air Quality High Low 5-High 6-P.82, 6-P.84, 6-P.85, 6-P.88 Sea Level Rise High Medium 4-High 6-P.79 Natural and Recreational Resources Extreme Heat High Low 5-High 6-P.80 Drought High Low 5-High 6-P.80, 6-P.81 Wildfire High Medium 4-High 6-P.80 Riverine and Stormwater Flooding High Medium 4-High 6-P.12 Air Quality Medium Low 4-High 6-P.81 Sea Level Rise High Medium 4-High 6.P.13 Buildings and Facilities Extreme Heat/Warm Nights Medium Low 4-High 6-P.84, 6-P.89 Sea Level Rise Medium Low 4-High 6-P.13 Infrastructure and Critical Facilities Extreme Heat High Low 5-High 6-P.89, 6-P.90 Drought High Medium 4-High 6-P.51 Riverine and Stormwater Flooding High Low 5-High 6-P.5, 6-P.89 Air Quality High Low 5-High 6-P.85, 6-P.89 Sea Level Rise Medium Low 4-High 6-P.13 Local actions can help to mitigate the additional risks associated with climate change and increase community resilience. Cities that plan now will have the best options for adapting to climate change. Carlsbad is currently preparing a comprehensive update to its Climate Action Plan (CAP), which is a roadmap identifying specific actions the city and its partners intend to take to reduce local greenhouse gas emissions. Implementation of the policies in the Public Safety Element and the measures and actions in the CAP are complementary and mutually beneficial, working to both reduce the city’s carbon contributions and increase its resilience in the face of worsening climate change impacts. The city has a long history of taking action to reduce the effects of climate change by cutting local greenhouse gas emissions, beginning with the adoption of the city’s first Climate Action Plan in 2015. Since that time, the city has been active in implementing sustainability programs envisioned by the CAP, including steps being taken by the Sustainable Materials Management division to divert and reduce waste, 6-61 General Plan 6 Pu b l i c S a f e t y the Watershed Protection division to protect water resources, and the Habitat Management division to increase protection of natural habitats. As Carlsbad expands existing efforts in planning and implementation for responding to climate change, an opportunity exists to create stronger, more equitable communities for everyone. Many of the actions needed to reduce the impacts of climate change will provide additional co-benefits to the community, including but not limited to increased public safety and public health, reduced greenhouse gas emissions, and greater economic stability. 6-62 City of Carlsbad 6 Pu b l i c S a f e t y 6.11 Goals and Policies Goals 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, sea-level rise, hazardous material release, or seismic disasters. 6-G.2 Minimize safety hazards related to aircraft operations in areas around the McClellan-Palomar Airport. 6-G.3 Maintain safety services that are responsive to citizens’ needs to ensure a safe and secure environment for people and property in the community. 6-G.4 Minimize safety hazards related to emergency service, automobile, bicycle and pedestrian access across the railroad. 6-G.5 Adequately prepare for climate change-related hazards, including but not limited to sea-level rise, extended drought, extreme heat, and more frequent and severe flooding, extreme weather, and wildfires. Policies Flooding Hazards 6-P.1 Enforce the Cobey-Alquist Floodplain Management Act and the city’s Floodplain Management Regulations to prohibit construction of structures in a designated floodway where such development would endanger life or significantly restrict the carrying capacity of the designated floodway; and to regulate development within other areas of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such development does not adversely affect public health and safety due to water and erosion hazards, or result in damaging increases in erosion, flood height or velocities. 6-P.2 Continue to implement and pursue flood control programs that reduce flood hazards, such as the city’s Grading Ordinance and the Floodplain Management Regulations. 6-P.3 Cooperate and coordinate with federal, state and local jurisdictions, and agencies involved in the mitigation of flood hazards from dam inundation, tsunamis, sea level rise, and major flood events. 6-P.4 Require all proposed public drainage facilities to comply with the city’s Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions. Incorporate updated hydrology and hydraulic data as it becomes available. 6-63 General Plan 6 Pu b l i c S a f e t y 6-P.5 Require installation of protective structures or other design measures to protect proposed building and development sites, existing infrastructure, and critical services from the effects of flooding. Utilize, where possible, nature-based solutions and pervious pavement to assist in protection. 6-P.6 Encourage the use of permeable materials and surfaces in new development and road repaving to decrease surface water runoff during storms. 6-P.7 Promote the use of green infrastructure such as swales to manage stormwater runoff. 6-P.8 Enforce the requirements of Carlsbad Municipal Code Titles 15, 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. 6-P.9 Comply with all requirements of the California Department of Water Resources’ Division of Safety of Dams and California Office of Emergency Services to ensure dam safety and adequate flood incident preparedness and response. 6-P.10 Comply with Federal Emergency Management Agency (FEMA) requirements to identify flood hazard areas and control development within these areas in order for residents to qualify for federal flood insurance. Cooperate with FEMA on shoreline flooding hazards and other mapping efforts. 6-P.11 Provide language-accessible materials to vulnerable populations on flood hazard exposure and available resources. Identify and improve access to flood mitigation and adaptation related services for vulnerable populations including evacuation-based transportation, home improvements, and resources to combat cascading impacts of negative economic and health impacts. 6-P.12 Monitor and research the potential impacts of climate change and flooding on local habitat and wildlife. Sea Level Rise Hazards 6-P.13 Regulate new development, redevelopment and lot creation, which requires a coastal development permit, to avoid exposure to sea level rise hazards such as erosion, flooding, inundation, groundwater changes and shoreline migration throughout the lifespan of the proposed development. 6-P.14 Encourage development projects to deposit dredge spoils on the beach if the material is suitable for sand replenishment and is consistent with environmental protection policies. 6-P.15 Give priority to non-structural shoreline protection options and limit or prohibit hard shoreline protective devices. 6-64 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.16 Require removal or relocation of structures away from sea level rise hazards if public health and safety risks exist, if essential services can no longer be maintained, if the structures are no longer on private property due to migration of the public trust boundary, or if the development requires new or augmented shoreline protective devices that would not otherwise be permitted. 6-P.17 Develop sea level rise adaptation plans for assets vulnerable to sea level rise. 6-P.18 Collaborate with other local, regional, state, and federal entities to monitor sea level rise impacts and promote restoration or enhancement of natural ecosystems. 6-P.19 Continue to build community awareness about sea level rise hazards and future vulnerabilities. Geology and Seismicity 6-P.20 Allow for consideration of seismic and geologic hazards at the earliest possible point in the development process, preferably before comprehensive engineering work has commenced. 6-P.21 Maintain geotechnical report guidelines identifying specific requirements for various levels of geotechnical evaluation, including reconnaissance studies, preliminary geotechnical investigation reports, and as-graded geotechnical reports. 6-P.22 Use information in Figure 6-5 as a generalized guideline for planning purposes and in determining the type and extent of geotechnical report to be required for a proposed development project. When a geotechnical report is required, submission of the report and demonstration that a project conforms to all mitigation measures recommended in the report prior to city approval of the proposed development (as required by state law). 6-P.23 Require a geotechnical investigation and report of all sites proposed for development in areas where geologic conditions or soil types are susceptible to liquefaction. Also require demonstration that a project conforms to all mitigation measures recommended in the geotechnical report prior to city approval of the proposed development (as required by state law). 6-P.24 Prohibit location of critical structures directly across known earthquake faults unless a geotechnical and/or seismic investigation is performed to show that the earthquake fault is neither active nor potentially active. 6-P.25 Require applicants to conduct detailed geologic and seismic investigations at sites where the construction of critical structures (high-occupancy structures and those that must 6-65 General Plan 6 Pu b l i c S a f e t y remain in operation during emergencies) and structures over four stories are under consideration. 6-P.26 In accordance with California state law, deny subdivision maps if a project site is not physically suitable for either the type or density of a proposed development because of specific, adverse impacts on public health and safety conditions, such as geologic, seismic, or other hazards and there is no feasible method to satisfactorily mitigate or avoid such adverse impacts. 6-P.27 Require qualified geotechnical engineering professionals to review grading plans and inspect areas of excavation during and after grading, to evaluate slope stability and other geotechnical conditions that may affect site development and public safety. In areas of known or suspected landslides and/or adverse geologic conditions, the following determinations should be made: extent of landslide, depth-to-slide plane, soil types and strengths, presence of clay seams and ground water conditions. 6-P.28 Continue to regulate development, including remodeling or structural rehabilitation, to ensure adequate mitigation of safety hazards on sites having a history or threat of seismic dangers, erosion, subsidence, or flooding. 6-P.29 Regularly inspect locations with high landslide susceptibility directly following major storm and atmospheric events. 6-P.30 Develop mitigation strategies for new areas deemed at risk to slope instability by considering the risks associated with climate change impacts which are anticipated to cause more frequent landslides from more extreme and frequent rain events and wildfires. 6-P.31 Minimize risks from landslides by requiring new development to be sited outside of hazard areas, when possible, and to incorporate design that minimizes the potential for damage. Airport Hazards 6-P.32 Ensure that development in the McClellan-Palomar Airport Influence Area is consistent with the land use compatibility policies contained in the McClellan-Palomar Airport Land Use Compatibility Plan. See also policies in the Land Use and Community Design Element related to McClellan-Palomar Airport. Railroad Hazards 6-P.33 Gather historic incident data from police reports regarding pedestrian/bicycle and train incidents to develop a better understanding of the conditions resulting in collisions. Evaluate if there are any common factors, such as time, location, population group, point of entry and exit, and determine if there 6-66 City of Carlsbad 6 Pu b l i c S a f e t y are underlying causes contributing to the incidents. Evaluate a program to address underlying issues and the potential effectiveness of the program. 6-P.34 Coordinate with other agencies and private entities to investigate methods of improving service safety along and across the rail corridor, such as through development of a grade separated rail corridor that includes grade separated street crossings at Grand Avenue, Carlsbad Village Drive, Tamarack Avenue and Cannon Road, as well as new pedestrian and bicycle crossings at Chestnut Avenue, the Carlsbad Village and Poinsettia COASTER stations, and other appropriate locations. See also policies in the Mobility and Noise Elements related to the railroad. Soils and Hazardous Materials 6-P.35 Limit hazards associated with the manufacture, use, transfer, storage and disposal of hazardous materials and hazardous wastes through enforcement of applicable local, county, state and federal regulations. 6-P.36 Coordinate with the County of San Diego and use the San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) as a guide for implementing actions to reduce hazardous waste impacts. 6-P.37 Regulate locations for the manufacture, storage, and use of hazardous materials within the city through implementation of Carlsbad Municipal Code Title 21 (Zoning Ordinance). 6-P.38 Regulate development on sites with known contamination of soil and groundwater to ensure that construction workers, future occupants, and the environment as a whole, are adequately protected from hazards associated with contamination, and encourage cleanup of such sites. Provide documentation that development sites are not impacted by former/current site uses, including but not limited to, agricultural chemicals, aerially deposited lead, common railroad contaminants, and hazardous material storage and/or use. 6-P.39 Provide hazardous materials emergency incident responses. Coordinate such responses with applicable federal, state and county agencies. 6-P.40 Maintain regulations that require proper storage and disposal of hazardous materials to reduce the likelihood of leakage, explosions, or fire, and to properly contain potential spills from leaving the site. 6-67 General Plan 6 Pu b l i c S a f e t y 6-P.41 Enhance and expand the use of desilting/pollutant basins to function as hazardous material spill control facilities to prevent the spread of contaminants to downstream areas. 6-P.42 Support public awareness and participation in household hazardous waste management, solid waste, and recycling programs. Police, Fire and Emergency Management 6-P.43 Maintain adequate Police and Fire Department staff to provide adequate and timely response to all emergencies according to department standards, as well as continuous community outreach providing education for emergency situations. 6-P.44 Encourage physical planning and community design practices that deter crime and promote safety. 6-P.45 Maintain close coordination between planned improvements to the circulation system within the city and the location of fire stations to assure adequate levels of service and response times to all areas of the community. 6-P.46 Consider site constraints in terms of hazards and current levels of emergency service delivery capabilities when making land use decisions. In areas where population or building densities may be inappropriate to the hazards present, take measures to mitigate the risk of life and property loss. 6-P.47 Coordinate the delivery of fire protection services through auto aid and mutual aid agreements with other agencies when appropriate. 6-P.48 Enforce the most current California Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. 6-P.49 When future development is proposed to be placed in fire hazard severity zones and/or adjacent to fire hazard severity zones, require applicants to comply with the city’s adopted Landscape Manual, which includes requirements related to fire protection, and calls for preparation of a fire protection plan when a proposed project contains or is bounded by hazardous vegetation or is within an area bounded by a Very High Fire Hazard Severity Zone, or as determined by the Fire Code official or their representative. Wildfires 6-P.50 Coordinate with Carlsbad Municipal Water District, Olivenhain Municipal Water District, and Vallecitos Water District to ensure that water pressure for existing developed areas is adequate for firefighting purposes during the season and time 6-68 City of Carlsbad 6 Pu b l i c S a f e t y of day when domestic water demand on a water system is at its peak. 6-P.51 Permit development only within areas that have adequate water resources available, to include water pressure, onsite water storage, or fire flows. 6-P.52 Maintain and implement Wildland/Urban Interface Guidelines for new and existing development within neighborhoods that are proximal to existing fire hazard severity zones. Decrease the extent and amount of edge or wildland urban interface where development is adjacent to fire hazard severity zones. 6-P.53 Use strategies, such as community organization volunteer partnerships and environmentally friendly fuel reduction and weed abatement approaches, as prevention measures to minimize the risk of fires. Engage in fire hazard reduction projects, including community fuel breaks and private road and public road clearance. 6-P.54 To increase resistance of structures to heat, flames, and embers, review current building code standards and other applicable statutes, regulations, requirements, and guidelines regarding construction, and specifically the use and maintenance of non-flammable materials (both residential and commercial). Promote the use of building materials and installation techniques beyond current building code requirements, to minimize wildfire impacts as well as fire protection plans for all development. 6-P.55 In planned developments that may occupy the wildland urban interface, High and Very High Fire Hazard Severity Zones, increase resilience during a potential wildfire evacuation through: • Enforcing visible address numbers painted on sidewalks. • Applying special construction features found in California Building Code Chapter 7A for developments in Very High Fire Hazard Severity Zones & High Fire Hazard Severity Zones areas. • Developing and/or adapting multiple language accessible materials for how to prepare your family and home for an evacuation and go kit. • Identifying and preparing at risk and vulnerable populations that may need assistance to evacuate. • Maintaining existing critical evacuation routes, community fuel breaks, emergency vehicle access. • Requiring adequate access (ingress, egress) to new development, including safe access for emergency response vehicles 6-69 General Plan 6 Pu b l i c S a f e t y • Identification of anticipated water supply for structural fire suppression. • Developing fuel modification plans for all new developments. 6-P.56 Evaluate soils and waterways for risks from flooding, water quality, and erosion to ensure that they are suitable to support redevelopment following a large fire. 6-P.57 In the event of a large fire, evaluate re-development within the impacted fire zone to conform to best practice wildfire mitigation. 6-P.58 Coordinate with telecommunication service entities and the San Diego County Communication Department to fire-harden communications. 6-P.59 Limit new development along steep slopes and amidst rugged terrain to limit rapid fire spread and increase accessibility for firefighting. 6-P.60 Develop and implement density management strategies that cluster residential developments and minimize low-density exurban development patterns to reduce amounts of flammable vegetation and collective exposure to wildfire risk. When feasible, require new residential development to be located outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Should new residential development be located in VHFHSZ’s, then require that it be built to the current California Building Code and Fire Code. 6-P.61 When feasible, site new critical facilities outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Protect and harden critical facilities from natural hazards and minimize interruption of essential infrastructure, utilities, and services. 6-P.62 Site structures to maximize low-flammability landscape features to buffer against wildfire spread. 6-P.63 Require that new development and redevelopment have adequate fire protection, including proximity to adequate emergency services, adequate provisions for fire flow and emergency vehicle access and fire hardened communication, including high speed internet service. 6-P.64 Ensure that the Carlsbad Fire Department has complete access to all locations in the city, including gated residential communities and critical infrastructure. 6-P.65 Coordinate with San Diego Gas & Electric to implement an electrical undergrounding plan with a focus on critical evacuation roadways and areas with highest wildfire risk. 6-70 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.66 Provide fire hazard education and fire prevention programs to Carlsbad residents and businesses with targeted outreach to vulnerable populations and occupants of Moderate, High, and Very High Fire Hazard Severity Zones neighborhoods and/or single access neighborhoods. 6-P.67 Prioritize engagement with single access neighborhoods to encourage home retrofits to meet current standards on structure hardening and road standards, proactively enforce defensible space standards, and conduct emergency preparedness trainings. 6-P.68 Continue to maintain and update the city’s Water Master Plan to identify and secure resources to meet future fire suppression needs and require future development to provide the water system improvements necessary to meet their demands. 6-P.69 Continue to maintain/contribute to updates to the Urban Area Security Strategy and the MJHMP to identify and prepare for future emergency service needs. For fire preparedness, continue to prepare a Standards of Coverage study to evaluate risks and prepare recommendations to mitigate those risks. Emergency & Evacuation Preparedness 6-P.70 Implement and maintain the City of Carlsbad Emergency Operations Plan, the Multi-jurisdictional Hazard Mitigation Plan (MJHMP), and other relevant emergency plans, policies, and procedures. 6-P.71 Promote public awareness of potential natural and man-made hazards, measures that can be taken to protect lives and property. 6-P.72 Inform the public and contractors of the danger involved and the necessary precautions that must be taken when working on or near pipelines or utility transmission lines. 6-P.73 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. 6-P.74 Maintain roadways that are likely to function as key evacuation routes. 6-P.75 Provide resources to City of Carlsbad staff regarding appropriate emergency preparedness and response activities as well as designed roles and responsibilities as Disaster Service Workers. Conduct routine trainings for all-hazards emergency preparedness and response. 6-P.76 Facilitate restriction of parking, construction permits, or right-of-way encroachment permits on high fire days in 6-71 General Plan 6 Pu b l i c S a f e t y neighborhoods in and near fire hazard zones and along critical evacuation routes. 6-P.77 Facilitate restriction of parking, construction permits or right-of-way encroachment on days with potential storm surges, atmospheric rivers, and king tide days in neighborhoods in and near flood hazard zones and along critical evacuation routes. 6-P.78 Develop and maintain emergency evacuation capabilities in conjunction with regional partners and regional plans such as the San Diego County Emergency Operations Plan. 6-P.79 Continue to communicate to the public on essential resources and procedures through a variety of communication tools and in multiple languages on topics including: • Education on the California Standard Statewide Evacuation Terminology. • Emergency evacuation checklists for residents. • Creation and education of the public on evacuation maps. • Available transportation services. • Evacuation shelter and support service options. Extreme Heat, Air Quality, and Drought 6-P.80 Protect vulnerable natural and recreational habitats and parks impacted by extreme heat through expansion of large continuous greenspaces wherever possible for greater cooling magnitude and extent. Include: • A mix of drought tolerant and native habitat types for greatest cooling benefits. • Mitigation of risk of dried out vegetation and wildfire risk through drought tolerant and wildfire resilient landscaping on private property. • Facilitate mitigation projects through Carlsbad Habitat Management Division 6-P.81 Identify opportunities and expand the City’s Landscape Manual to increase urban tree canopy and maintenance projects in coordination with existing efforts including the adopted Community Forest Management Plan. 6-P.82 Coordinate with San Diego County Public Health Services and local community organizations to establish extreme heat, drought, and air quality monitoring systems and develop accessible community education resources to prepare community members for increase extreme heat events and ambient air pollution. 6-72 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.83 Seek grant funding to pilot a project to install a cool roof on a city facility or cool pavement as part of a roadway project to showcase benefits to community members and local builders. 6-P.84 Encourage weatherization retrofits of private properties and retrofit all critical facilities with adequate cooling and air filtration in conjunction with the Carlsbad Climate Action Plan. Partner with the Home Energy Score Assessment program to facilitate retrofits. See also policies in the Sustainability Element and Open Space, Conservation, and Recreation Element for policies related to Mitigating Drought, Urban Heat, and Green Infrastructure Climate Change Governance Capacity 6-P.85 Broaden functions of cool zones to address a greater variety of needs as resilience hubs facilitating health, food, medical, and emergency services during climate hazards such as extreme heat events, flooding, wildfires, and poor air quality events. 6-P.86 Seek funding to plan and implement microgrids, cool roofs, resilience hubs, and other similar technology in areas with vulnerable populations. 6-P.87 Explore a climate equity analysis to prioritize programs that ensure the benefits of Environmental Sustainability programs are equitably distributed and prioritized to those most in need. 6-P.88 Distribute information on climate change impacts to the entire community with adapted communications for vulnerable populations, including but not limited to actions they can take to reduce exposure to unhealthy conditions associated with flood damaged properties, extreme heat, and bad air quality days. Increase the capacity/resilience of these populations by ensuring they have a role in decision-making surrounding climate change in their communities 6-P.89 Expand the resilience of new and existing critical buildings and infrastructure to function properly while subject to increased climate hazard frequency such as flooding, extreme heat, regional wildfires, and landslides. 6-P.90 Partner with utility companies and/or community choice energy entities to improve grid resilience and backup power for the community including but not limited to utility and/or community choice energy entity activities that seek to: • Harden vulnerable overhead lines against winds and wildfires; • Protect energy infrastructure and increase redundancy of energy storage and distribution systems in surrounding hazard zones for wildfire; 6-73 General Plan 6 Pu b l i c S a f e t y • Invest in sustainable power sources to provide redundancy and continued services for critical facilities during periods of high demand during extreme heat events; and • Continue exploring the feasibility of installing microgrids, battery storage, or other local energy storage options. 6-P.91 Develop a checklist for adaptation-based design features and assessment of needed retrofits for critical facilities. See also policies in the Sustainability Element related to Climate Change 6-74 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. Attachment D LCPA 2022-0015 HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT Section B. 1. (3) (b) of the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program land use plan is amended to read as follows: (b)Upland (approximately 240 acres) is designated for a combination of Residential (R-15 – 11.5-15 du/ac and R-23 – 19-23 du/ac), Regional Commercial (R), and Open Space uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Carlsbad General Plan. Jan. 30, 2024 Item #2 Page 42 of 157 RESOLUTION NO. 2024-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GREATER MINIMUM AFFORDABILITY REQUIREMENT TO APPLY TO DEVELOPMENT OF RESIDENTIAL UNITS ON CITY-OWNED SITES AND ALL OTHER SITES THAT RECEIVE A RESIDENTIAL LAND USE CHANGE, AN INCREASE IN RESIDENTIAL DENSITY, OR THAT ARE OTHERWISE IDENTIFIED AS A HOUSING SITE, ALL AS THOSE SITES ARE IDENTIFIED IN PLANNING COMMISSION RESOLUTIONS 7498 AND 7499 CASE NAME: CASE NO.: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 2023- 0009/ AMEND 2023-0010/ AMEND 2023-0011/ AMEND 2023-0012 (PUB 2022-0010) WHEREAS, the City Council of the City of Carlsbad, California has determined that the Planning Commission did, on October 18, 2023, hold a duly noticed public meeting as prescribed by law to consider Planning Commission Resolutions 7498 and 7499, recommending the City Council approve, among other things, a minimum affordability requirement on non-city-owned sites that have received residential 9esignations or density increases as part of GPA 2022-0001/ZCA 2022-0004/ZC 2022- 0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 20i3-0009/AMEND 2023-0010/AMEN°D 2023- 0011/AMEND 2023-0012; and WHEREAS, the City Council also has determined that pursuant to the Municipal Code the Housing Commission did, on December 14, 2023, hold a duly noticed public meeting as prescribed by law to consider Housing Commission Resolution 2023-012, recommending the City Council approve a greater minimum affordability requirement to apply to development of residential units on city owned parcels and all other parcels that receive a residential land use change or an increase in residential density or that are identified as a housing site but that do not require a land use change or density increase, all as identified to implement the programs of the Housing Element and assist the city in meeting its RHNA; and WHEREAS, the Housing Commission, in developing its recommendation, considered only those sites and parcels identified as part GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022- 0015/ AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND_2023- 0012-HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE; and Exhibit 3 Jan. 30, 2024 Item #2 Page 43 of 157 WHEREAS, the City Council, on January 30, 2024, held a duly noticed public hearing to consider GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012 -HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE; and WHEREAS, the City Council has reviewed and considered the Planning Commission's and the Housing Commission's recommendations. 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.For city owned sites, any residential development (rental or for-sale) on the_ properties that have received residential designations or have been identified as a housing site. _ pursuant to the approval of GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022- 0015/ AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND .. 2023- 0011/AMEND 2023-0012 -HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE shall be consistent with the requirements of California Gov. Code § 37364, as provided below: a.Not less than 80 percent of the area of any parcel of property shall be used for development of housing. b.Not less than 40 percent of the total number of those housing units developed on any parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households. c.Dwelling units produced for persons and families of low income under this section shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the housing sponsor. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the housing development is located. The Jan. 30, 2024 Item #2 Page 44 of 157 regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the city as grantee. d.The definitions of "persons and families of low and moderate income," "lower income households," and "very low income households" set forth in Sections 50079, 50093, and 50105 of the Health and Safety Code shall apply. 3.For non-city owned sites, the designation of residential land uses, increases in residential density, or identification of sites for housing pursuant to the approval of GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015/AMEND 2023- 0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012 - HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE, are substantial and constitute an "offset" as defined by Carlsbad Municipal Code Section 21.85.020. In exchange for making such offset available, it is appropriate to require, in accordance with Carlsbad Municipal Code Section 21.85.100, any residential development (rental or for-sale) on the prop�rties that have received residential designations and density increases or have been identified as a housing site, pursuant to this project, to enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residential development as affordable to lower income households at 80% or below the San Diego County Area Median Income. On non-city owned properties that have received residential designations or density increases, this affordable housing requirement may also be satisfied by the following alternatives (at the sole discretion of the City of Carlsbad and following completion of an alternate public benefit analysis): a.A minimum of 15% of the total projects housing units shall be affordable to lower income households at 80% or below the San Diego County Area Median Income and an additional 10% shall be affordable to moderate income households at 100% or below of the San Diego County Area Median Income; or Jan. 30, 2024 Item #2 Page 45 of 157 b.A minimum of 15% of the total project housing units shall be affordable to very low-income households at 50% or below the San Diego County Area Median Income. 4.If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 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: "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 Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 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 of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Jan. 30, 2024 Item #2 Page 46 of 157 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30th day of January, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 47 of 157 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ZONING ORDINANCE AND ZONING MAP, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO IMPLEMENT PORTIONS OF OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) FOR MAP 1 (ALL SITES EXCEPT SITES 8 AND 15, WHICH ARE REMOVED) CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE CASE NO: ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 (PUB 2022- 0010) WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021;and WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city's adopted Housing Element as !Jeing in substantial compliance consistent with state housing law; and WHEREAS, the certified Housing Element contains programs; farther broken down into objectives, that identify specific actions.the city must implement on an ongoing basis or by specific due dates; _and ... -· WHEREAS, to implement Housing Element Program 1.1 (Provide Adequate Sites to Accommodate RHNA), and specifically objectives 1.1 b., 1.1 c. and 1.1 d.; and to irriplement Housing Element Program 1.3 (Alternative Housing), and specifically objective L3 b., the City Planner has prepared amendments to the Zoning Ordinance and Zoning Map (Title 21 of the Carlsbad Municipal Code) and to the Local Coastal Program (ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolutions 7498 and 7499 recommending to the City Council that ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 be approved; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is conditionally consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and Exhibit 4 Jan. 30, 2024 Item #2 Page 48 of 157 WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; and 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, including written public comments, if any, related to ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That the findings of the Planning Commission in Planning Commission Resolution No. 7498 and No. 7499 shall also constitute the findings of the City Council. 3.That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, and the Local Coastal Program Zoning Map are amended as shown on the maps marked "Exhibit ZC 2022-0001/LCPA 2022-0015" dated October 18, 2023, attached hereto as Attachment A and made a part hereof. 4.That Ordinance CS-432 as adopted by the City Council on September 27, 2022, is pending Coastal Commission review at?d i� incorporated into this ordin.ance. 5.That Sectioh 21.16.010 A.1. of the Carlsbad Municipal Code is amended to rea'd as follows: 21.16.010 Intent and purpose. A.The intent and purpose of the R-3 multiple-family residential zone is to: 1.Implement the R-15 (Residential 11.5-15 du/ac) and R-23 (Residential 19-23 du/ac) land use designations of the Carlsbad general plan; and 6.That Section 21.18.010 A.1. of the Carlsbad Municipal Code is amended to read as follows: 21.18.010 Intent and purpose. A.The intent and purpose of the R-P residential-professional zone is to: 1.Implement the office and related commercial (0), R-15 (Residential 11.5-15 du/ac) and R- 23 (Residential 19-23 du/ac) land use designations of the Carlsbad general plan; 7.That Section 21.22.010 A. 1. of the Carlsbad Municipal Code is amended to read as follows: 21.22.010 Intent and Purpose. A.The intent and purpose of the R-W residential waterway zone is to: Jan. 30, 2024 Item #2 Page 49 of 157 1.Implement the R-23 (Residential 19-23 du/ac) land use designation of the Carlsbad general plan; 8.That Section 21.24.010 A.1 of the Carlsbad Municipal Code is amended to read as follows: 21.24.010 Intent and purpose. A.The intent and purpose of the RD-M residential density-multiple zone is to: Use 1.Implement the R-8 (Residential 4-8 du/ac), R-15 (Residential 11.5-15 du/ac), R-23 (Residential 19-23 du/ac), R-30 (Residential 26.5-30 du/ac), R-35 (Residential 32.5-35 du/ac) and R-40 (Residential 37.5-40 du/ac) land use designations of the Carlsbad general plan; and 9.That the following use listings from Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows: p CUP Ace Dwelling, one-family (see notes 2, 3 and 7 below) (defined: Section 21.04.125) X Dwelling, two-family (see note 7 below; defined: Section 21.04.130) X Dwelling, multiple-family (see note 7 below; if the multiple-family dwelling is not X subject to note 7, it shall be subject to Section 21.53.120 if more than4l units are proposed; defined: Section 21.04.135)•·· 10.That the notes following Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows by the revision of note 3 and the addition of note 7. Notes: 3.Within the R-15, R-23, and R-30 land use designations, one-family dwellings are permitted when developed as two or more detached units on one lot provided the minimum density of the designation can be attained. In the R-35 and R-40 land use designations, one family dwellings are not permitted. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use, unless the lot has been rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element, in which case it shall meet the minimum density of the designation. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation. 7.Housing developments that contain a minimum of 20 percent affordability to lower-income households as required by Government Code section 65583(c)(l) and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element shall be permitted "by right" as that term is defined in Government Code Section 65583.2(h) and shall be subject to the mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 202X-XXX. Jan. 30, 2024 Item #2 Page 50 of 157 11.That Section 21.24.030 of the Carlsbad Municipal Code is amended to read as follows: 21.24.030 Building Height No building shall exceed a height of thirty-five feet. When the RD-M zone implements the R-35 and R-40 land use designations, no building shall exceed a height of forty-five feet. In all designations RD-M implements, protrusions may exceed the maximum heights permitted as described in Section 21.46.020. 12.That Section 21.24.040 of the Carlsbad Municipal Code is amended to read as follows: 21.24.040 Front yard. Every lot shall have a front yard of not less than ten feet in depth. However, a front yard of not less than twenty feet in depth shall be provided to carport or garage openings that face onto the front yard. 13.That Section 21.24.050 of the Carlsbad Municipal Code is amended to read as follows: 21.24.050 Side yard. A.Every lot shall have a side yard as follows: 1.Interior lots shall have a side yard on each s·ide ofthe lot of not less than five feet in width; 2.Corner lots and reversed corner lots shall have side yards as follows: a.On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot, and b.On any side of a lot which is adjacent to a street, the side yard shall be ten feet. 14.That Section 21.24.080 of the Carlsbad Municipal Code is amended to read as follows: 21.24.080 Yards-Structures over thirty-five feet in height. The above specified yard requirements apply only to those structures up to a height of thirty-five feet and to those structures when the RD-M Zone implements the R-35 and R-40 land use designations. For any other structure which has had its height increased by approval of a specific plan, the yards shall be increased at a ratio of one and one-half additional foot horizontally, for each eight feet of vertical construction. (Ord. NS-718 § 14, 2004) 15.That Section 21.24.100 B. of the Carlsbad Municipal Code is amended to read as follows: 21.24.100 Lot area. B.The minimum lot area of a lot in the RD-M zone, when the zone implements the R-15, or R-23, R- 30, R-35 or R-40 land use designations, shall not be less than ten thousand square feet, except Jan. 30, 2024 Item #2 Page 51 of 157 that the joining of two smaller lots shall be permitted although their total area does not equal the required lot area. (Ord. NS-718 § 14, 2004) 16.That Section 21.24.110 of the Carlsbad Municipal Code is amended to read as follows: 21.24.110 Lot coverage. All buildings, including accessory buildings and structures, shall cover no more of the lot than sixty percent. In the R-35 and R-40 land use designations, all buildings, including accessory buildings and structures, shall cover no more than seventy-five percent of the lot. 17.That Table A of Section 21.45.040 of the Carlsbad Municipal Code is amended to reflect the renumbering of notes in Table A and in the note list following the table due to the addition of note 5: Zone Residential Use One-Family Dwelling or Twin-Home on Small Condominium Project Lots (one unit per lot} R-1 (1)or (4)One-family dwellings -(3) or (4) Two-family dwellings -(1) or (4) .. Multiple-family dwellings -(4) R-2 p One-family or two-family dwellings -P Multiple-family dwellings -(2) or (4) R-3 p p RD-M P(5) p R-W X p R-P (6) (7) RMHP p p P-C (8) (8) V-B (9) (9) Accessory (10) (10) Uses Notes: (1)Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing project of comparable or higher density. (2)Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, R-P, C-1, C-2, C M or M, but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less. Jan. 30, 2024 Item #2 Page 52 of 157 (3)Permitted when developed as two or more detached units on one lot. (4)Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5)One-family dwellings or twin-homes on small lots (one unit per lot) are not permitted in the RD-M Zone when it implements the R-35 or R-40 land use designation. (6)Permitted when the R-P zone implements the R-15 land use designation. (7)Permitted when the R-P zone implements the R-15 or R-23 land use designations. (8)Permitted uses shall be consistent with the master plan. (9)Refer to the Village and Barrio master plan for permitted uses. (10)Refer to Table F for permitted accessory uses. REF. NO. C.9 C.12 18.That the text in reference number rows "C.9" and "C.12" of Table C of Section 21.45.060 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations: SUBJECT DEVELOPMENT STANDARD Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows: Project is NOT within R-23, Community Minimum community R-30, R-35 or R-40 general 200 square feet per unit plan designationsRecreational recreational space Space(1l required Project IS within R-23, R- 30, R-35 or R-40 general 150 square feet per unit plan designation Projects with 11 to 25 Community recreational space shall be provided as dwelling units either (or both) passive or active recreation facilities. Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15, R-23, R-30, R-35 or R-40 land use designations. Recreational 20 square feet per unit, not to include area required for driveways and Vehicle (RV) approaches. Storage(1l Developments located within master plans or residential specific plans may have Ith is requirement met by the common RV storage area provided by the master plan or residential specific plan. RV storage areas shall be designed to accommodate recreational vehicles of ivarious sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). Jan. 30, 2024 Item #2 Page 53 of 154 REF. NO. E.4 E.5 [The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 19.That the text in reference number rows "E.4," "E.5," "E. 7," and "E.8" of Table E of Section 21.45.080 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations: SUBJECT DEVELOPMENT STANDARD Same as required by the underlying zone, and not to exceed !three stories(ll, (7l Projects within 40 feet, if roof pitch is 3:12 or greater the R-23 and R 35 feet, if roof pitch is less than 3:12 Maximum 30 general plan Building designations(ll, Building height shall not exceed three stories Height (7) . Projects within 45 feet, if roof pitch is 3:12 or greater !the R-35 and R 40 feet, if roof pitch is less than 3:12 40 designations(7l Building height shall not exceed four stories From a private Residential structure 10 feet or public Direct entry garage 20 feet streetl2l, (3l Residential structure 5 feet, fully landscaped (walkways (except as specified below) providing access to dwelling entryways Minimum may be located within required landscaped area) Building Residential structure 0 feet when projecting over the front of a Setbacks From a drive- aislel4l directly above a garage garage. 3 feet Garage Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) Jan. 30, 2024 Item #2 Page 54 of 157 Projects of 25 units or less Garages facing directly onto a drive-aisle within the R-15, R-23, R-30, shall be equipped with an automatic R-35, and R-40 general plan garage door opener. designations 0 feet May cantilever over a drive-aisle, provided the balcony/deck does not Balconies/decks impede access and complies with all other (unenclosed and applicable requirements, such as: uncovered) •Setbacks from property lines•Building separation•Fire and Engineering Department requirements From the perimeter property lines The building setback from an interior side or rear perimeter property of the project line shall be the same as required by the underlying zone for an site (not interior side or rear yard setback. adjacent to a public/private street) If a project is located within the R-23, R-30, R-35 or R-40 general plan designations, resident parking shall be provided as specified below, All dwelling and may also be provided as follows: •25% of the units in the project may include a tandem two-cartypes garage (minimum 12 feet x 40 feet). •Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. 2 spaces per unit, provided as either: Resident One-family and •a two-car garage (minimum 20 feet x 20 feet), orE.7 Parking(6l two-family •2 separate one-car garages (minimum 12 feet x 20 feet each) dwellings •In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space(s) 1.5 spaces per unit, 1 of which must be covered(s) Multiple-famil, Studio and one-bedroom When calculating the required number of dwellings units parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be Jan. 30, 2024 Item #2 Page 55 of 157 E.8 Private Units with two or more bedrooms rounded up to the nearest whole number. 2 spaces per unit, provided as either: • a one-car garage {12 feet x 20 feet) and 1 covered or uncovered space; or(sJ • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) •In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space(sJ Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: •Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 eet as measured in a logical walking path from the entrance of the units it could be considered to serve. Required private recreational space shall be designed so as to be �unctional, usable, and easily accessible from the dwelling it is One-family, intended to serve. two-family, and multiple family dwellings Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. Recreational t-------i1-------------.----------,--------i Space One-family Minimum total area per and two-family unit dwellings Projects not within �he R-15, R-23, or R- 30 general plan designations Projects within the R-15, R-23 or R-30 general plan designations 400 square feet 200 square feet Jan. 30, 2024 Item #2 Page 56 of 157 May consist of more than one recreational space. May be provided at ground level and/or as a deck/balcony or roof deck. Not within �he R-15, R- 23 or R-30 15 feet general plan Minimum dimension designations Within the R-15, R-23 or R-30 general 10 feet plan designations Shall not have a slope gradient greater �han 5%. Attached solid patio covers and If provided at ground level decks/balconies may project into a required private recreational space, subject to the following: •The depth of the projection shall not exceed 6 feet (measured from the wall of �he dwelling that is contiguous to the patio/deck/balcony}. •The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks}. If provided above ground Minimum dimension 6 feet level as a deck/balcony or Minimum area 60 square feet roof deck Minimum total area per unit 60 square feet Multiple-famil) (patio, porch, or balcony} dwellings Minimum dimension of patio, porch or balcony 6 feet Jan. 30, 2024 Item #2 Page 57 of 157 Projects of 11 or more units that are within the R-23, R-30, R-35, and R-40 general plan designations may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this chapter), in lieu of providing the per unit private recreational space specified above. 20.That Section 21.90.045 of the Carlsbad Municipal Code is amended to reflect the addition of text describing growth management control points and that the table titled "Allowed Dwelling Units Per Acre" within Section 21.90.045 is amended with updates to the General Plan Density Ranges: 21.90.045 Growth management residential control point established. In order to ensure that residential development does not exceed those limits established in the general plan, the following growth management control points are established for the residential density ranges of the land use element. These growth management control points help the city reasonably estimate potential dwelling unit yields for purposes of determining the future public facility needs of new development. Allowed Dwelling Units Per Acre General Plan Density Ranges Growth Management Control Point R 1.5 0-1.5 1.0 R-4 0-4.0 3.2 R-8 4.0-8.0 6.0 R-15 11.5-15.0 11.5 R-23 19.0-23.0 19.0 R-30 26.5-30.0 26.5 R-35 32.5-35 32.5 R-40 37.5-40 37.5 21.That new Section 21.90.200 of the Carlsbad Municipal Code, is added to read as follows: 21.90.200 State law preemption Notwithstanding above sections to the contrary, including but not necessarily limited to sections 21.90.010, 21.90.045, 21.90.180, and 21.90.185, state legislation (SB 166, and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. Jan. 30, 2024 Item #2 Page 58 of 157 EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0015, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 30th day of January, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ � 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 59 of 157 Attachment A Exhibit "ZC 2022-0001/LCPA 2022-0015" October 18, 2023 Site 1-NORTH COUNTY PLAZA OCEANSIDE EXISTING OCEANSIDE OS OS PROPOSED Zoning Map Designation Change Property APN From: To: A.156-301-16-00 C-2-Q/OS C-2-Q/RD-M/OS Jan. 30, 2024 Item #2 Page 60 of 157 Exhibit "ZC 2022-0001" October 18, 2023 Site 2 -THE SHOPPES AT CARLSBAD PARKING LOT Property APN A.156-301-11-00 B.156-302-14-00 C.156-302-35-00 D.156-301-06-00 E.156-301-01-00 F.156-302-23-00 G.156-302-17-00 PLAZA CAMINO REAL DY OCEANSIDE PLAZA CAMINO REAL DY OCEANSIDE EXISTING PROPOSED Zoning Map Designation Change From: C-2/OS C-2 C-2 C-2 C-2 C-2 C-2 C-2 Site 2 To: C-2/RD-M/OS C-2/RD-M C-2/RD-M C-2/RD-M C-2/RD-M C-2/RD-M C-2/RD-M Jan. 30, 2024 Item #2 Page 61 of 157 Exhibit "ZC 2022-0001" October 18, 2023 Site 3-CHESTNUT AT EL CAMINO REAL PARCEL Property APN A.167-080-34-00 B.167-080-49-00 C.167-080-50-00 R-1-10000 EXISTING �-----i RD-M R-1-10000 PROPOSED W, � Zoning Map Designation Change From: R-1-10000 R-1-10000 R-1-10000 To: RD-M RD-M RD-M Jan. 30, 2024 Item #2 Page 62 of 157 Exhibit "ZC 2022-0001" October 18, 2023 Site 4 -ZONE 15 CLUSTER EXISTING PROPOSED Zoning Map Designation Change Property APN From: To: A.209-060-72-00 R-1/OS RD-M/OS B.209-090-11-00 RD-M/C-L RD-M Jan. 30, 2024 Item #2 Page 63 of 157 Exhibit "ZC 2022-0001/LCPA 2022-0015" October 18, 2023 Site 5 -AVENIDA ENCINAS CAR STORAGE LOT EXISTING PROPOSED Zoning Map Designation Change Property APN From: To: A.210-090-24-00 P-M RD-M Jan. 30, 2024 Item #2 Page 65 of 157 Exhibit "ZC 2022-0001/LCPA 2022-0015" October 18, 2023 Site 6-CROSSINGS GOLF COURSE LOT 5 GS OS OS P-M/0 <OS ---� OS EXISTING PROPOSED Zoning Map Designation Change Property APN From: To: A.212-270-05-00 P-M/O RD-M Jan. 30, 2024 Item #2 Page 66 of 157 Exhibit "ZC 2022-0001" October 18, 2023 Site 7 -SALK AVENUE PARCEL EXISTING PROPOSED Zoning Map Designation Change Property APN From: To: A.212-021-04-00 0 RD-M Jan. 30, 2024 Item #2 Page 67 of 157 Exhibit "ZC 2022-0001" October 18, 2023 Site 12-INDUSTRIAL SITES EAST OF MELROSE DRIVE EXISTING RD-M Site 12 I PROPOSED General Plan Map Designation Change Property APN From: A.221-015-08-00 P-M B.221-014-03-00 P-M To: RD-M RD-M Jan. 30, 2024 Item #2 Page 68 of 157 Exhibit "ZC 2022-0001/LCPA 2022-0015" October 18, 2023 Site 16-CALTRANS MAINTENACE STATION AND PACIFIC SALES C-T-Q C-T-Q l_ C-T.Q C-T-Q Property APN 0 w � 0 w (/) A.211-050-08-00 B.221-050-09-00 C-2 €--Q1OS EXISTING PROPOSED Zoning Map Designation Change From: To: R-A-10000 RD-M C-2 RD-M Jan. 30, 2024 Item #2 Page 69 of 157 Exhibit "ZC 2022-0001/LCPA 2022-0015" October 18, 2023 Site 17-NCTD POINTSETTIA COASTER STATION EXISTING PROPOSED Zoning Map Designation Change Property APN From: To: A.214-150-08-00 RD-M-Q RD-M-0/T-C-Q B.214-150-20-00 RD-M-Q RD-M-Q/T-C-Q Jan. 30, 2024 Item #2 Page 70 of 157 Jan. 30, 2024 Item #2 Page 71 of 157 Exhibit 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE BRESSI RANCH MASTER PLAN, FENTON CARLSBAD CENTER SPECIFIC PLAN, GREEN VALLEY MASTER PLAN, NORTH COUNTY PLAZA SPECIFIC PLAN, AND WESTFIELD CARLSBAD SPECIFIC PLAN TO IMPLEMENT PORTIONS OF OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE CASE NO: AMEND 2023-0008/AMEND 2023-0009/AMEND 2023- 0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022- 0015 (PUB 2022-0010) WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021; and WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city’s adopted Housing Element as being in substantial compliance consistent with state housing law; and WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement Housing Element Program 1.1 (Provide Adequate Sites to Accommodate RHNA), and specifically objectives 1.1 b., 1.1 c. and 1.1 d.; and to implement Housing Element Program 1.3 (Alternative Housing), and specifically objective 1.3 b., the City Planner has prepared amendments to the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan and to the Local Coastal Program (AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022- 0015) pursuant to Chapters 21.38, 21.52 and 21.54 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015; and Jan. 30, 2024 Item #2 Page 72 of 157 WHEREAS the Planning Commission adopted Planning Commission Resolution 7499 recommending to the City Council that AMEND 2023-0008/AMEND 2023-0009/AMEND 2023- 0010/AMEND 2023-0011/AMEND 2023-0012/LCPA 2022-0015 be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2022- 0015 from October 13, 2023 to November 24, 2023, and no comments were received; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed amendments to the Bressi Ranch Master Plan (AMEND 2023-0008) and Fenton Carlsbad Center Specific Plan (AMEND 2023-0009), both of which are within the Airport Influence Area of the adopted McClellan-Palomar Airport Land Use Compatibility Plan, are conditionally consistent with said plan; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015; and 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, including written public comments, if any, related to AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2.That the findings of the Planning Commission in Planning Commission Resolution 7499 shall also constitute the findings of the City Council. 3.That the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan are amended as shown on the attached exhibit “AMEND 2023-0008/AMEND 2023- 0009/AMEND 2023-0010/AMEND 2023-0011/AMEND 2023-0012, HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE, PRPOOSED MASTER PLAN AND SPECIFIC PLAN AMENDMENTS” dated October 18, 2023, hereto as Attachment A and made a part hereof. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the Jan. 30, 2024 Item #2 Page 73 of 157 City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0015, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the day of , 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 74 of 157 Attachment A Proposed Master Plan and Specific Plan Amendments (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 75 of 157 AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/ AMEND 2023-0011/AMEND 2023-0012/LCPA 2022-0015 HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE PROPOSED MASTER PLAN AND SPECIFIC PLAN AMENDMENTS 1.Bressi Ranch Master Plan Exhibit I-1 is amended to read as follows: Attachment A 2.Bressi Ranch Master Plan Exhibit I-2 is amended to read as follows: & RD-M & RD-M 3.Bressi Ranch Master Plan Exhibit I-4 is amended to read as follows: 4. Bressi Ranch Master Plan Exhibit I-4a is amended to read as follows: 5. The second paragraph of Section I.D of the Bressi Ranch Master Plan is amended to read as follows: Seven of the planning areas will be developed with a wide range of single-family detached homes on lots ranging in size from approximately 3,500 square feet to over 14,000 square feet in size. One h undred units of affordable multffamily apartments will be provided in Planning Area 15. Up to 20 market rate units may be located in Planning Area 15 if the total number of units approved for development in Planning Areas 6 through 12 is less than 523. Planning Area 16 proposes 125 townhome units. Planning Area 4 can accommodate approximately 49 multffamily units and Planning Area 5 can accommodate approximately 199 multffamily units. There will be approximately 996 dwelling units in the Bressi Ranch Master Plan at buildout. Exhibit I-5 on page I-9 shows a preliminary schematfc site plan of Bressi Ranch. 6.Bressi Ranch Master Plan Exhibit I-9 is amended to read as follows: 7.The last paragraph of Section I.F.2 of the Bressi Ranch Master Plan is amended to read as follows: Site Development Plan – Site Development Plans will be required to establish the design of the mixed-use areas, for the development of apartments/affordable apartments, commercial areas, a daycare facility, and the Village Green. In additfon, pursuant to Chapter 21.34, a Site Development Plan must be processed for development in Planning Areas 1, 2, 3, 4, 5, 14 and 16. 8.Bressi Ranch Master Plan Section III.A.5 is amended to read as follows: 5.Number of Units The original base number of units within the Master Plan was determined primarily by the City of Carlsbad Growth Management Ordinance. The existfng Master Plan area’s net developable acreage was multfplied by the corresponding growth control point based on the original land use designatfon of RLM. Using this methodology, a total of 498 base dwelling units was originally antfcipated within the Bressi Ranch Master Plan area prior to preparatfon of the Master Plan. The original maximum number of dwelling units for the Master Plan was determined by the applicatfon of California Government Code Sectfon 65915 (State Density Bonus Ordinance), which permits a minimum additfonal 25%of the base dwelling units. In return for the density bonus, 20% of the base dwelling units (20% x 498 = 100) must be made affordable to lower income households. Through the use of the State ordinance, an additfonal 125 (25%x 498) dwelling units were allocated to the Master Plan for a total of 623 - 638 units when the Master Plan was first approved in 2002. The Master Plan identffies an expected number of dwelling units for each planning area. Planning Areas 6-12 are exclusively residentfal and are antfcipated to have 523 - 538 dwelling units. Planning Area 15 identffies 100 units as part of a mixed land use. Master Plan 178(I) revised the land use designatfon of 18 acres at the southwest corner of Palomar Airport Road and El Fuerte Street identffied as PA-16 from Industrial to R-23 (Residentfal 19 -23 du/ ac) units per acre and Local Commercial (R-23/L) with 125 dwelling units. Master Plan Amendment (Amend 2023-0008) revised the land use designatfon of 2.6 acres in Planning Area 4 from Planned Industrial to R-23 (Residentfal 19 - 23 du/ac) and revised the land use designatfon of 5.3 acres in Planning Area 5 from Planned Industrial to R-40 (Residentfal 37.5 - 40 du/ac). The actual number of units for any planning area may increase or decrease through the detailed review process of each subsequent development proposal. The estfmated total number of dwelling units in the Master Plan is 996. 9.Bressi Ranch Master Plan Section III.A.13.a.ii is amended to read as follows: ii.Planning Areas 4, 5, 15 & 16 (Residentfal) – If the housing/affordable housing projects to be located in Planning Areas 4, 5,15 & 16 are built as a condominium project, then the developer shall establish a sub-area residentfal homeowners associatfon and corresponding CC&Rs. Said CC&Rs shall be submitted to and approved by the City Planner prior to final Map approval. Prior to the first certfficate of occupancy, the State will require establishment of the sub-area homeowner’s associatfon. The subarea homeowner’s associatfon shall be responsible for the maintenance of common facilitfes only within the limits of this residentfal condominium project. 10.Bressi Ranch Master Plan Section III.B is amended to read as follows: B. General Plan The General Plan designatfons of the Bressi Ranch Master Plan are: PI - Planned Industrial O - Office L - Local Shopping Center R-4 - Residentfal 0-4 du/ac R-8 - Residentfal 4-8 du/ac R-15 - Residentfal 11.5-15 du/ac R-23 - Residentfal 19-23 du/ac R-40 - Residentfal 37.5-40 du/ac OS - Open Space CF - Community Facilitfes P - Public 11.Bressi Ranch Master Section III.C is amended to read as follows: C.Zoning Concurrent with the approval of the Bressi Ranch Master Plan, the zoning of this site was changed from Limited Control (L-C) to Planned Community (P-C). Since the P-C Zone requires the designatfon of underlying zoning, each of the planning areas and open space areas has been assigned an underlying zoning designatfon. Pursuant to the powers of Chapter 21.38 of the Carlsbad Municipal Code (Planned Community Zone), this Master Plan shall constftute the zoning of all lands within the Master Plan. No person shall use or develop contrary to the provisions of the Master Plan. All provisions of the Master Plan are imposed as a conditfon of zoning. Approval of this document does not excuse compliance with all other applicable City ordinances in effect at the tfme building permits are issued. Unless modified by this Master Plan, or approval of a Planned Development Permit or Non-Residentfal Planned Development Permit, all development shall comply with the requirements of the underlying zoning as shown by Exhibit I-9 on page I-15. These underlying zoning designatfons are provided below: Planning Areas Zone 1 O (Office) 2, 3, 4, 5, 14 P-M (Planned Industrial) 4, 5, 6, 7, 8, 12 RD-M (Residentfal Density-Multfple) 9, 10, 11 R-1 (One Family Residentfal) 13 C-F (Community Facilitfes) 15 C-2/RD-M/C-L/C-F (General Commercial/Residentfal Density-Multfple/Local Shopping Center/Community Facilitfes) 16 RD-M/C-L (Residentfal Density Multfple/Local Shopping Center) Open Space Areas 1-6 O-S (Open Space) 12.Bressi Ranch Master Plan Exhibit III-1 is amended to read as follows: 13.Bressi Ranch Master Plan Section III.E.1 is amended to read as follows: 1.Planned Industrial (PI) Due to their geographical locatfons, Planning Areas 1, 2, 3, 4, 5 and 14 have a designatfon of Planned Industrial (P-I) (portfons of Planning Areas 4 and 5 are also designated residentfal, see below). These planning areas comprise part of the central industrial core of the City of Carlsbad, are bordered by regional arterials, and are located in close proximity to Palomar Airport and lie within the McClellan- Palomar Airport Influence Area. Planning Areas 1, 2, 3, 4 and 5 will be developed with a combinatfon of corporate office, light manufacturing, and research and development, and residentfal uses, and Planning Area 14 may be developed with an industrial serving commercial use such as a service statfon/convenience store/car wash. The uses within these planning areas will be developed in accordance with the recommendatfons of SANDAG's Land Use Compatfbility Plan for McClellan-Palomar Airport and the County's Airport Master Plan. Portfons of Planning Areas 2, 3, 4 and 5 are within the Flight Actfvity Zone of McClellan-Palomar Airport. A small part of Planning Area 3, near the intersectfon of Palomar Airport Road and El Camino Real, is also within the Runway Protectfon Zone. Development within these areas will be limited in scope in accordance with the recommendatfons of SANDAG's Land Use Compatfbility Plan for McClellan-Palomar Airport. Exhibit I-4 on page I-6 shows the boundaries of the Airport Influence Area, Flight Actfvity Zone and Runway Protectfon Zone. 14.Bressi Ranch Master Plan Section III.E.5 is amended to read as follows: 5.Residentfal (R-4, R-8, R-15, R-23, R-40) The central portfon of the Bressi Ranch Master Plan has been divided into seven residentfal planning areas, which will be developed with a wide variety of single-family detached homes on lots ranging in size from 3,500 square feet to over 14,000 square feet in size. Exhibit I-1 on page I-2 shows the locatfon of the various development types. Exhibit III-1 on page III-11 shows the potentfal units that have been assigned to each residentfal planning area. The exact number of units developed in each planning area will be determined at the tfme of tentatfve map approval. The locatfon of the residentfal portfon of the Master Plan will allow for the development of a community based on the Ahwahnee Principals. Most residences will be within a 5-minute walk of either jobs, the Village Center, the Village Green or community facilitfes. Residents will be close to major arterial roadways, yet no arterial roads will go through the residentfal portfon of the site. The low volume roadways within the residentfal portfon of the Master Plan will be designed with traffic calming devices to slow traffic and encourage pedestrian actfvity. One hundred affordable apartments will be developed in Planning Area 15 adjacent to the Village Square. The site was chosen for the affordable units for a number of reasons, such as its close proximity to jobs, public transit stops, store and social/recreational opportunities located in this portion of the Master Plan. In the northern portfon of the Master Plan, within Planning Areas 4 and 5, are two sites designated for residential development. These sites were designated for residential use as part of AMEND 2023-0008 (Master Plan 178(L)), consistent with Site 10 and Site 11 of the 2021-2029 Housing Element Program 1.1. All discretionary permits for residential development in the Master Plan will be conditioned to enter into an Affordable Housing Agreement pursuant to Section 21.38.120 of the Carlsbad Municipal Code. This agreement shall be approved by the City prior to recordation of the first residential final map or issuance of residential building permits, whichever occurs first. All relevant terms and conditions of any Affordable Housing Agreement shall be filed and recorded as a deed restriction on those individual lots or units of a project, which are designated for the location of Affordable Units. 15.Bressi Ranch Master Plan Exhibit III-2 is amended to read as follows: 16.The first paragraph of Section VI.B of the Bressi Ranch Master Plan is amended to read as follows: B.Office and Industrial Planning Areas (PA 1-5 & 14) One or more of the following administratfve or discretfonary applicatfons shall be filed either concurrently with or subsequent to the applicatfon for a tentatfve map in Planning Areas 1-5 & 14. For residentfal development in PA 4 and PA 5, see Sectfon VI. D below. 17.Bressi Ranch Master Plan Section VI.D is added to read as follows (all sections that follow shall be renumbered accordingly): D.Residentfal in PA 4 & 5 Planned Development Permits Subdivision of residentfal units for the purpose of separate ownership shall be processed in accordance with Carlsbad Municipal Code Chapter 21.45 “Planned Developments”. Site Development Plan A Site Development Plan shall be required for for-rent residentfal uses. 18.Bressi Ranch Master Plan Section VI.G is amended to read as follows: H.Amendments Master Plan Amendments Master Plan Amendments shall be processed pursuant to the requirements of Chapter 21.38.120 (P-C Zone) of the Carlsbad Municipal Code and all applicable City and Planning Division Policies. Minor Master Plan Amendments shall be reviewed and approved by the Planning Commission. Major Master Plan Amendments shall be reviewed and approved by the Planning Commission and City Council. A Minor Master Plan Amendment shall not change the densitfes of a planning area, the boundaries of the subject property, or involve an additfon of a new use or group of uses not shown in the original Master Plan or rearrangement of uses within the Master Plan. The Master Plan provides an estfmate of the approximate number of units that will be developed within each Planning Area. The exact number of units that will be developed within each Planning Area will be determined during the subsequent review of the tentatfve maps that divide each Planning Area into individual residentfal lots. A Minor Master Plan Amendment shall be processed concurrently with each tentatfve map requestfng 10% (or less) above or below the antfcipated number of dwelling units stated for the Planning Areas. This amendment will revise Exhibit XIV-1 on page XIV-1 of the Master Plan to indicate exactly how many units have been approved in each Planning Area and how many remaining units exist in the Master Plan. If the number of units requested in an individual Planning Area varies by more than 10%, a Major Master Plan Amendment shall be processed concurrently with the proposed Tentatfve Map. In no case shall the number of dwelling units approved in an individual Planning Area exceed that allowed by its General Plan designatfon (see Exhibit III-1 on page III-11), unless a density bonus or density increase is approved per state law or city regulatfons. Tentatfve Map/Planned Development Permit Amendments Amendments to Tentatfve Maps and Planned Development Permits may be permitted in accordance with the requirements of Chapter 20 and Sectfon 21.45.100 of the Carlsbad Municipal Code. Site Development Plan Amendments Amendments to Site Development Plans shall be processed in accordance with the requirements of Chapter 21.06 of the Carlsbad Municipal Code. Substantfal Conformance Minor revisions to Tentatfve Maps, Parcel Maps, Planned Development Permits, Site Development Plans and Conditfonal Use Permits may be administratfvely approved by the City Planner subject to the requirements of the Planning Division’s Substantfal Conformance Policy in effect at the tfme of the proposed minor revision. 19.The “Description” subsection of Bressi Ranch Master Plan Section VII.F.4 is amended to read as follows: Descriptfon Planning Area 4 (see Exhibit VII-14 on page VII-31) is located at the southeast intersectfon of Palomar Airport Road and Innovatfon Way. Planning Area 16, a mixed multf-family residentfal and commercial area, is located east of Planning Area 4 and Planning Area 3, an industrial area, is located to the west. To the south of Planning Area 4 is a portfon of residentfal Planning Area 6 and mixed-use Planning Area 15. Planning Area 4 has a gross area of 26.0 acres and a net developable area of 26.0 acres. This sectfon only addresses the portfon of Planning Area 4 designated for planned industrial uses. For more informatfon on the portfon of the site that is designated for residentfal uses, please see Sectfon X.E.8. on page X-46. 20.The “Implementation of Master plan Vision and Goals” subsection of Bressi Ranch Master Plan Section VII.F.4 is amended to read as follows: Implementatfon of Master Plan Vision and Goals The purpose of this planning area, including its design standards and allowed uses, is to provide for office or industrial/warehouse uses (Goal 5). Planning Area 4 is designated as Planned Industrial due to its locatfon at the intersectfon of Palomar Airport Road and Innovatfon Way (Goal 6) and its locatfon within the Airport Influence Zone. Palomar Airport Road and Innovatfon Way provide convenient vehicular access to Planning Area 4, and transit stops located along Palomar Airport Road will be within easy walking distance to this planning area (Goal 3). Residents of the Master Plan may also access this area using the sidewalks along public streets or the internal pedestrian circulatfon system of the Master Plan (Goal 2). In additfon, employees and residents of Planning Area 4 can conveniently utflize the Village Center for a variety of actfvitfes due to the close proximity of the two areas. 21. The “General Plan & Zoning” subsection of Bressi Ranch Master Plan Section VII.F.4 is amended to read as follows: General Plan & Zoning (planned industrial areas only) General Plan Land Use: Planned Industrial (PI) Zoning: Planned Industrial (P-M) 22. The “Description” subsection of Bressi Ranch Master Plan Section VII.F.5 is amended to read as follows: Descriptfon Planning Area 5 (see Exhibit VII-15 on page VII-35) is located in the northeast corner of the Master Plan, south of Palomar Airport Road and bordered on the west by El Fuerte Street. Open Space Area 4 borders the southern boundary of Planning Area 5. Planning Area 4 is located across El Fuerte Street to the west of Planning Area 5. Planning Area 5 has a gross area of 28.0 acres and a net developable area of 27.7 acres. This sectfon only addresses the portfon of Planning Area 5 designated for planned industrial uses. For more informatfon on the portfon of the site that is designated for residentfal uses, please see Sectfon X.E.8. on page X-46. 23. The “Implementation of Master plan Vision and Goals” subsection of Bressi Ranch Master Plan Section VII.F.5 is amended to read as follows: Implementatfon of Master Plan Vision and Goals The purpose of this planning area, including its design standards and allowed uses, is to provide for office or industrial uses (Goal 5). Planning Area 5 is designated as Planned Industrial due to its locatfon within the Airport Influence Zone and its locatfon near the intersectfon of Palomar Airport Road and El Fuerte Street, which provides for safe, convenient vehicular access (Goal 6). Residents of both the Bressi Ranch Master Plan and the affordable housing portfon of the Rancho Carrillo Master Plan may also conveniently access this area using the sidewalks along the public streets (Goal 2). Employees and residents in Planning Area 5 will be able to take advantage of the proposed bus stop on Palomar Airport Road (Goal 3). 24. The “General Plan & Zoning” subsection of Bressi Ranch Master Plan Section VII.F.5 is amended to read as follows: General Plan & Zoning (planned industrial areas only) General Plan Land Use: Planned Industrial (PI) Zoning: Planned Industrial (PM) 25. Bressi Ranch Master Plan Exhibit X-13 is amended to read as follows: 26. Bressi Ranch Master Plan Section X.E.8 is amended to read as follows: Descriptfon Planning Areas 4, 5 & 16 are located in the northern portfon of the Master Plan area. The residentfal area in Planning Area 4 has a gross and net developable area of 2.6 acres. The residentfal area in Planning Area 5 has a gross and net developable area of 5.3 acres. Planning Area 16 has a gross area of 17.7 acres and a net developable area of 17.7 acres (see Exhibit VIII-4 on page VIII-18). This sectfon only addresses the portfons of Planning Areas 4, 5 and 16 that will be developed with residentfal uses. For informatfon on the portfon of the sites in PA 4 and 5 that will be developed with planned industrial uses, see Section VII pages VII-30 to VII-37. For information on the portion of PA 16 that will be developed with commercial uses, please see Sectfon VIII.A.3. on Page VIII-17. Implementatfon of Master Plan Vision and Goals The purpose of the R-23 and R-40 designated portfons of Planning Areas 4 and 5 is to accommodate housing to meet the objectfves of the Housing Element. The purpose of Planning Area 16 is to allow for the creatfon of a unique mixed-use neighborhood that will provide additfonal residentfal units and expand the commercial and restaurant uses available within walking distance to many Bressi Ranch residents. The commercial component of Planning Area 16 will extend Finnila Place, and the main street feeling of the commercial center. Many of the goals of the Bressi Ranch Master Plan will be incorporated into the design of or promoted by these planning areas. Housing, jobs, daily needs and other actfvitfes are all within easy walking (Goal 2). A variety of uses are also within easy walking distance of transit stops on El Fuerte (Goal 3). There will be a variety of job opportunitfes in Planning Area 16 (Goal 5) that are proximate to Planning Areas 4 and 5. General Plan and Zoning (residentfal portfons only) General Plan Land Use: R-23 (PA4), R-40 (PA5), R-23 (PA16) Zoning: RD-M (PA 4, 5 & 16) Units: It is antfcipated that Planning Area 4 will be developed with 49 dwelling units, Planning Area 5 will be developed with 199 dwelling units, and Planning Area 16 will be developed with 125 dwelling units. Discretfonary Permits Required for Development All development proposals shall be processed in conformance with the requirements of the Carlsbad Municipal Code as detailed in Chapter VI of this Master Plan. Uses Allowed Residentfal - Multfple Family Attached Design Criteria In additfon to complying with the neighborhood design criteria, residentfal development in Planning Areas 4, 5 and 16 shall comply with the following design criteria: Development in Planning Area 16 should be designed to provide convenient pedestrian links to the adjacent retail center. Each planning area should also provide convenient links to other portfons of the community. Development Standards Residentfal development in Planning Areas 4, 5 and 16 shall comply with all applicable regulatfons and development standards of the Carlsbad Municipal Code, including the PUD requirements, except as modified by Sectfon X.B of this Master Plan. In Planning Areas 4 and 5 any residentfal development (rental or for-sale) shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20 % of the total housing units on the site of the residentfal development as affordable to lower income households at 80% or below the San Diego County Area Median Income. This affordable housing requirement may also be satfsfied by the following alternatfves (at the sole discretfon of the City of Carlsbad and following completfon of an alternate public benefit analysis): • At least 15% of the total housing units shall be affordable to low-income households and an additfonal 10% shall be affordable to moderate- income households; or • At least 15% of the total housing units shall be affordable to very low-income households. 27. Bressi Ranch Master Plan Exhibit XI-1 is amended to read as follows: 28. Bressi Ranch Master Plan Exhibit XI-2 is amended to read as follows: 29. Bressi Ranch Master Plan Exhibit XIV-1 is amended to read as follows: 30. Fenton Carlsbad Center Specific Plan Section I.A is amended to read as follows: A. PURPOSE AND SCOPE The purpose of this Fenton Carlsbad Center Specific Plan (FCCSP) is to address the need for a full mix of office and medical facilities within Carlsbad, to serve both residents and the daily workforce, as well as provide housing close to jobs, including housing affordable to lower-income households. In doing so, the plan aims to achieve an objective of the City of Carlsbad's General Plan by reflecting the cultural values of the community. Some important values are providing affordable housing, maintaining a jobs-housing balance, providing for a healthy lifestyle, including the provision of services for adequate health care needs, and providing those who live and work in the City of Carlsbad, the right to convenient and readily accessible health care. FCCSP only seeks to define the allowable type of land uses and does not provide development standards or design standards above and beyond those of the Office (O) Zone and Residential Density-Multiple (RD-M) Zone; the plan does include several implementation measures that future projects will need to comply with in addition to those of the base zones. The FCCSP is adopted pursuant to the provisions of Government Code Sections 65450 et. seq. and the Land Use Element of the City of Carlsbad General Plan. 31.Fenton Carlsbad Center Specific Plan Section I.C is amended to read as follows: C. HISTORY The Fenton Carlsbad Medical Center, formerly the Fox Miller Property, was subdivided and graded into five lots under CT 00-20 in 2002. Lots 1 through 4 were zoned PM for industrial use and Lot 5 was zoned as open space (OS). In 2006, Lot 1 of the FCMC was rezoned from Planned Industrial (PM) to Office (0) under GPA 06-01/ZC 06-017 SDP 06-03. SDP 06-03 allowed for the constructfon of a two- story 40,655 square foot Medical Office building on Lot 1. In 2008, this specific plan was prepared in conjunctfon with a General Plan Amendment and Zone Change that changed uses in the FCCSP area from Planned Industrial to Office. The FCCSP limits medical office uses to lot 1 of the FCCSP. In 2024, this specific plan was amended to change the land use designation of lot 4 from Office to R-30 (Residential 26.5 – 30 du/ac), consistent with the 2021-2029 Housing Element Program 1.1. The following are past approvals related to the FCCSP area: •GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10 •GPA 06-01/ZC 06-017 SDP 06-03 •PIP 04-03/SUP 04-11 •PIP 06-06 32.Fenton Carlsbad Center Specific Plan Section I.D is amended to read as follows: D.REGULATORY SPECIFIC PLAN The FCCSP is a regulatory document that only manages land uses. It is not a policy document and does not introduce any new policy objectfves. The plan provides for residentfal uses and a mix of office uses, including a proportfonal amount of medical office uses within the city's central employment area and also within close proximity to other residentfally zoned areas. 33.Fenton Carlsbad Center Specific Plan Figure 3 is amended to read as follows: 34.Fenton Carlsbad Center Specific Plan Section I.E is amended to read as follows: E.CONSISTENCY WITH THE GENERAL PLAN AND PLANS OF OTHER JURISDICTIONS Lots 1-3 of the plan area are designated in the City of Carlsbad's General Plan as Office (0), Lot 4 is designated R-30 (Residential 26.5-30 du/ac), and Lot 5 is designated Open Space (OS). The Fenton Carlsbad Center Specific Plan is consistent with the elements of the Carlsbad General Plan. Consistent with the General Plan, this specific plan allows: •Residential uses on Lot 4 at a density of 26.5 to 30 dwelling per acre. •A full mix of office uses on Lots 1, 2 and 3 with a provision for medical offices on Lot 1, consistent with the Office land use designation. •The continued use and protection of open space on Lot 5. The following highlights some of the major General Plan goals and policies applicable to the Fenton Carlsbad Center Specific Plan. 1.Land Use & Community Design Element 2-G.2 Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities. 2-P.6 Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. 2-P.13 Encourage medium to higher density residential uses located in close proximity to commercial services, employment opportunities and major transportation corridors. The specific plan promotes a diversity of compatible land uses by allowing for residential uses and medical/professional office uses that enable people to live close to jobs and services. The specific plan allows for higher density residential uses, including lower income housing, in close proximity to services and employment opportunities. 2.2021-2029 Housing Element 10-G.1 New housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth and to meet or exceed the city’s established Regional Housing Needs Allocation (RHNA). 10-P.4 Encourage increased integration of housing with nonresidential development where appropriate and where residential development can be implemented in a way that is compatible with existing and planned uses. The specific plan provides for higher density housing on Lot 4, including a requirement for affordable housing, which helps to meet the city’s RHNA. The housing on Lot 4 is also integrated into an area comprised of nonresidential development. 3.Mobility Element 3-P.5 Require developers to construct or pay their fair share toward improvements for all travel modes consistent with this Mobility Element, the Growth Management Plan, and specific impacts associated with their development. 4.Noise Element 5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. The uses within the plan area will comply with interior noise standards, through the requirement to submit a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 50 dBA CNEL (for office uses) and 45 dBA CNEL (for residential uses) or lower. This plan implements the General Plan in conjunction with the Residential Density-Multiple (RD-M), Office (O) and Open Space (OS) Zoning classifications of the area. The permitted uses are primarily those specifically referenced in Section II of this document. The provisions of the RD-M and Office Zones (e.g., development standards, development permit requirements, etc.) and any amendments to it apply to the topics that are not covered in this plan. Approval of this plan does not vest any rights for future approvals of any licenses, discretionary acts or other entitlements necessary for future development in the plan area. Subsequent public works projects, tentative or parcel maps, discretionary acts, and zoning ordinances that affect the plan area must be consistent with the FCCSP. Pre-existing tentative or parcel maps, discretionary acts (e.g., Site Development Plans, Planned Industrial Permits, grading permit, etc.), ministerial acts (e.g., building permits, etc.) are deemed consistent with the FCCSP. The FCCSP area is located within the Airport Influence Area and Flight Activity Zone of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALCUP). A mix of residential, office and medical office uses allowed under the FCCSP is consistent with compatibility requirements of the existing Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, as amended December 1, 2011, because of the area's location well outside the 60 dB CNEL noise contour. The FCCSP contains a requirement that all future development permits be consistent with the airport plan in effect at the time of the application for development permit. FCCSP was considered at the May 1, 2008, San Diego Airport Authority hearing and found to be conditionally consistent with the ALUCP. The Airport Authority conditioned the plan not to allow intensive development nor uses which involve the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). Furthermore, on December 7, 2023, the San Diego Airport Authority found the residential R-30 designation of Lot 4 to be conditionally consistent with the ALUCP. 35.The first paragraph of Fenton Carlsbad Center Specific Plan Section II is amended to read as follows: The Fenton Carlsbad Center Specific Plan provides for a mix of office uses on Lot 1 (Area 1) and Lots 2 and 3 (Area 2) with a provision for medical offices on Lot 1, consistent with the Office land use designation; residential uses on Lot 4 (Area 1); and open space on Lot 5 (Area 3) of the plan. 36.The first paragraph of Fenton Carlsbad Center Specific Plan Section II.A is amended to read as follows: This section outlines the allowed residential uses in Area 1 and office uses in Areas 1 and 2 of the plan area, no development or design standards are proposed. All development in the O Zone, except child day care centers, shall require approval of a site development plan processed according to the provisions of Chapter 21.06 of the Carlsbad Municipal Code. 37.Fenton Carlsbad Center Specific Plan Section II.A.1 is amended to read as follows: 1.AREA 1 (LOT 4) All uses allowed in the underlying Residential Density-Multiple (RD-M) zone are permitted in Area 1 (Lot 4), provided residential density is consistent with the General Plan R-30 land use designation (26.5 – 30 du/ac). Residential development (rental or for-sale) shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20 % of the total housing units on the site of the residential development as affordable to lower income households at 80% or below the San Diego County Area Median Income. This affordable housing requirement may also be satisfied by the following alternatives (at the sole discretion of the City of Carlsbad and following completion of an alternate public benefit analysis): •At least 15% of the total housing units shall be affordable to low-income households and an additional 10% shall be affordable to moderate-income households; or •At least 15% of the total housing units shall be affordable to very low-income households. 2.AREA 1 (LOT 1) All uses allowed in the underlying Office zone, which includes medical offices, are permitted in Area 1 (Lot 1). Additionally permitted appurtenant uses such as a cafeteria, flower or gift shop, and any other accessory uses determined by the Planning Director as relating to a primary use of medical offices, medical clinic and/or medical complex. Up to 150,000 square feet of medical offices/complex/clinic are permitted on Lot 4 and up to 47,000 square feet on Lot 1, provided that parking is consistent with the requirements of Chapter 21.44 of the Carlsbad Municipal Code. The maximum size of any future development of Lot 1 with offices allowed in the O Zone, other than medical offices, would be subject to the development standards of the O Zone. 38.Fenton Carlsbad Center Specific Plan Sections II.B.1 and II.B.2 are amended to read as follows: 1.The siting of buildings within the Fenton Carlsbad Center Specific Plan should capture the available views from the property. Changes in massing and articulation of each building should highlight its public entry. 2.On lots 1 through 3 only, all sides of the building facade should receive equal design attention. A building's exterior finish materials should include a generous amount of glass; smooth texture finishes such as plaster, pre-finished metal or concrete, and stone or masonry. Masonry may be utilized as a contrasting or complementary material to other hard surface materials such as glass or metal panels that may be used on the building. Masonry materials may include brick, stone, tile, or architectural concrete block (such as burnished, split face or ribbed block). The materials selected should be consistent with the character of a corporate office building and consistent with the existing buildings in the Carlsbad Research Center. 39.Fenton Carlsbad Center Specific Plan Section III is amended to read as follows: Ill. INFRASTRUCTURE PLAN AND IMPLEMENTATION MEASURES The infrastructure improvements planned for and approved as part of Local Facilities Management Zone 5 and the City of Carlsbad Capital Improvement Plan, remain applicable and satisfactory for the FCCSP for all categories except for traffic circulation. FCCSP allows for and encourages the development of medical offices in Area 1 (lot 1) of the plan area. If medical offices, which have higher traffic generation rates than other types of offices, develop in this plan area, traffic circulation improvements will be necessary, as detailed below. Implementation of the specific plan shall occur through the adherence of future development proposals to the permitting requirements and development standards of the underlying zoning (RD- M and Office Zones) and all other applicable requirements of the Carlsbad Municipal Code (e.g., Titles 19, 20, 21, etc.). Additionally, all future requests for development, whether administrative or discretionary, within the plan area shall comply with the following: •Provide a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 50 dBA CNEL (for office uses) and 45 dBA CNEL (for residential uses) or lower. •Comply with the requirements of whichever McClellan-Palomar Airport Land Use Compatibility Plan is in effect at the time of subsequent development permit application. FCCSP was considered at the May 1, 2008, San Diego Airport Authority hearing and found to be conditionally consistent with the ALUCP. The Airport Authority found the Specific Plan consistent that the plan not to allow intensive development and all uses which involves the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). Furthermore, on December 7, 2023, the San Diego Airport Authority found the residential R-30 designation of Lot 4 to be conditionally consistent with the ALUCP. •Comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) (e.g., provision of Best Management Practices and Low Impact Development requirements) that are current at the time of project application. 40.Fenton Carlsbad Center Specific Plan Section V.A is amended to read as follows: A.GENERAL NOTES 1.The developer(s) shall be responsible for implementing the mitigation measures which are based on the Fenton Carlsbad Center Specific Plan Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Planning Commission Resolution 6431). 2.Where questions arise regarding the interpretation of this Specific Plan, the City Planner shall resolve them in a manner consistent with the Municipal Code, adopted City plans, and City policy. Such decisions by the City Planner may be appealed to the Planning Commission and City Council. 41.Fenton Carlsbad Center Specific Plan Section V.B is amended to read as follows: B.MITIGATION MEASURES 1.San Diego Regional Airport Authority As the project involves a General Plan Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) on May 1, 2008. The SDCRAA adopted Resolution 2008-0018 ALUC finding the project conditionally consistent with the ALUCP. The condition added was the restriction that all assembly areas within the proposed project that are located within the FAZ be limited (as defined by the Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with FAZ guidelines in the McClellan- Palomar Airport ALUCP. Furthermore, on December 7, 2023, the San Diego Airport Authority found the residential R-30 designation of of Lot 4 to be conditionally consistent with the ALUCP. 42. Green Valley Master Plan Figure I-5 is amended to read as follows: 43. Green Valley Master Plan Figure I-6 is amended to read as follows: 44. Green Valley Master Plan Table I-1 is amended to read as follows: 45. The “Planning Area 2” subsection of Green Valley Master Plan Section I.C is amended to read as follows: Planning Area 2 - Retail Center & R-23 (Residentfal 19 – 23 du/ac) The Planning Area 2 is located in the south part of the disturbed portfon of Green Valley, west of Planning Area 1. There are approximately 18.3 NDA (net developable acres) designated for commercial uses on the southeast side of Calle Barcelona, and approximately 4 NDA designated for residential uses (19-23 du/ac) on the west side of Calle Barcelona. The planning area extends from the residentfal area north of Calle Barcelona to the southerly property boundary. Planning Area 2 consists of a retail center and residentfal area. A total of up to 300,000 square feet of commercial development may be allowed in Planning Area 2, subject to approval of a Site Development Plan. Approximately 76 dwelling units may be permitted, subject to a site development plan or planned development permit. 46. Green Valley Master Plan Section II.B is amended to read as follows: B. GENERAL PLAN A General Plan is a regulatory instrument by which the general type, location, and intensity of land use is established within a city or county in order to ensure the best possible environment for the citizens and workers in that area. The project site is designated in the Carlsbad General Plan land Use Element and land Use Map as Regional Commercial (R), R-15 (Residential 11.5-15 du/ac), R-23 (Residential 19-23 du/ac), and Open Space (OS) (see Figure 11-1). The R-15 and R-23 residential designations provide for residential development at a density of 11.5-15 (R-15) and 19-23 (R-23) dwelling units per developable acre. R-15 and R-23 residential areas are typically characterized by condominium or apartment developments. The project site is bordered on two sides by Circulation Element Roads. El Camino Real, which serves as the project's eastern boundary, is designated as a prime arterial, which at ultimate buildout is intended to have six travel lanes and a median divider within a 1 26-foot right-of- way. la Costa Avenue to the north is designated as a major arterial in the vicinity of the project site. A major arterial has four travel lanes and a median divider within a 102-foot right- of-way. Driveway access from private property to prime arterials and major arterials is prohibited. An extension of Leucadia Boulevard from Sidonia Street to El Camino Real is also indicated on the Carlsbad General Plan map, even though it is within the City of Encinitas. This roadway, to be located immediately south of Green Valley, will connect to El Camino Real at Olivenhain Road. Leucadia Boulevard is listed as a major arterial in both the Encinitas and Carlsbad General Plans with an ultimate width of four lanes. El Camino Real is designated as a Community Theme Corridor in the Scenic Highways Element of the Carlsbad General Plan. Scenic corridors are those roadways which have been identified as having significant scenic or historical value. It is the intent of the Element ultimately protect and enhance identified scenic areas by the use of Specific Plans or overlay ordinances which may regulate site design, building massing and heights, landscaping, signage, etc. 47. Green Valley Master Plan Figure II-1 is amended to read as follows: 1. Figure II-1 is amended as follows: 48. The “Residential” land uses subsection of Green Valley Master Plan Section II.F is amended to read as follows: Residential Approximately 4 net developable acres in Planning Area 2 are designated for multi-family residential uses at a density of 19 – 23 dwelling units per acre, which may include condominiums or apartments. Approximately 55.8 net developable acres in Planning Area 3 are designated for residential uses at a density of 11.5 – 15 dwelling units per acre, which may include single-family detached, townhomes, garden or patio residential units. Planning Area 2 is located west of the retail center and Planning area 3 is located to the west of Street “A” and north of the retail center. 49. At the end of Green Valley Master Plan Section II.F, the following paragraph is added to read as follows: To implement the 2021-2029 Housing Element Program 1.1, the development program was revised in 2024 to add residentfal use (approximately 76 units) at a density of 19-23 dwelling units per acre on a portfon of Planning Area 2. 50. Green Valley Master Plan Table II-2 is amended to read as follows: 51. The “Residential Land Use” and “Affordable Housing” subsections of Green Valley Master Plan Section II.H are amended to read as follows: Residential Land Use- Based on the General Plan residential density ranges for R-15 (11.5 – 15 du/ac) and R-23 (19 – 23 du/ac), the estimated potentfal number of dwelling units for the residentfal areas is shown on Table 11-2, exclusive of any future density bonus under state law and/or chapter 21.86 of the Carlsbad Municipal Code. Affordable Housing - The City of Carlsbad requires that all master plans and specific plans with residentfal units provide a minimum number of dwelling units affordable by lower-income households. The lnclusionary Housing sectfon of the Carlsbad Municipal Code (Chapter 21.85) requires a minimum of 15% of all approved dwelling units be low-income housing. For those developments which provide 10 or more low-income units, at least 10% of those units should have three or more bedrooms. Therefore, as an example, if a total of 400 residentfal units is approved in Planning Area 3, 15% of those, or 60 residentfal units, are required to be available to low-income households. In additfon, of those 60 low-income units, 10% of those, or 6 units, should have three or more bedrooms. ("Low income" is defined as those households whose gross income is more than 50% but does not exceed 80% of the median income for San Diego County.) Based on a housing agreement to be approved by the City of Carlsbad, there is a possibility of providing the affordable housing off-site if all the criteria are met. On the residentfally designated portfon of Planning Area 2, residentfal development (rental or for-sale) shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residentfal development as affordable to lower income households at 80% or below the San Diego County Area Median Income. This affordable housing requirement may also be satfsfied by the following alternatfves (at the sole discretfon of the City of Carlsbad and following completfon of an alternate public benefit analysis): • At least 15% of the total housing units shall be affordable to low-income households and an additfonal 10% shall be affordable to moderate-income households; or • At least 15% of the total housing units shall be affordable to very low-income households. 52. The “General Plan” subsection of Green Valley Master Plan Section VI-B is amended to read as follows: General Plan: OS 53. The “Description” subsection of Green Valley Master Plan Section VI.C is amended to read as follows: C. PLANNING AREA 2 – RETAIL CENTER AND MULTIFAMILY RESIDENTIAL Description This planning area consists of a commercial area (approximately 18.3-acres) located south and east of Calle Barcelona, and a residential area (approximately 4 acres) located West of Calle Barcelona. The planning area extends from the residential area on the north to the southerly property line. The area is the site of a retail center (see Figure IV-11). Major uses in the retail center are typical of community retail. Condominiums and apartments are typical uses in the residential area. 54. The “Development Standards” subsection introduction in Green Valley Master Plan Section VI.C is amended to read as follows: Development Standards The development standards in this section apply only to the commercial area designated Regional Commercial (R). Commercial development within the area designated Regional Commercial (R) shall be subject to all applicable development standards in the Carlsbad Municipal Code (CMC), including Chapter 21.28 (C-2), except as modified below. Development is subject to the approval of a Site Development Plan. Residential development within the area designated R-23 (Residential 19-23 du/ac) shall be subject to all applicable development standards in the CMC, including Chapter 21.24 (RD-M), except for building setbacks from Calle Barcelona, as specified below. Development is subject to approval of a site development plan (apartments) or a planned development permit (condominiums). 55. The “Zoning” and “General Plan” subsections of Green Valley Master Plan Section VI.C is amended to read as follows: Zoning: C-2, RD-M and OS General Plan: R, R-23, and OS 56. Green Valley Master Plan Figure VI-11 is amended to read as follows: 2. Figure VI-11 is amended as follows: 57. The following subsection headers in Green Valley Master Plan Section VI.C are amended to read as follows: Use Allocation (commercial area) Permitted Uses (commercial area) Building Height (commercial area) Lot Coverage (commercial area) Setbacks (commercial area) Parking (commercial area) Architecture (commercial area) Vehicular Circulation (commercial area) Pedestrian/Bicycle Circulation (commercial area) 58. The “Setbacks” subsection of Green Valley Master Plan Section VI.C is amended to add the following: Setbacks (residential area) 1. A minimum setback of 35 feet shall be maintained from Calle Barcelona. This setback is applicable to all structures and all fences or walls greater than 42 inches in height. 2. Refer to Carlsbad Municipal Code Title 21 for all other setback requirements. 59. The “Description” subsection of Green Valley Master Plan Section VI.D is amended to read as follows: Description This 55.8-acre (approximately) planning area is located between Planning Areas 1 and 4 and north of Planning Area 2. Planning Area 3 is intended for single-family detached and attached residential units (Figure Vl-12). Based on the General Plan residential density range for R-15 (11.5 – 15 du/ac) the planning area may potentially be developed with up to 400 single-family residential units, exclusive of any future density bonus under state law and/or Chapter 21.86 of the Carlsbad Municipal Code of which 15% shall be "Affordable" to lower income households. If approved through an affordable Housing Agreement, an alternative to construction of the affordable residential units on site is participation in an off- site combined affordable housing project located in the Southwest Quadrant of the City of Carlsbad. 60. The “General Plan” subsection of Green Valley Master Plan Section VI.D is amended to read as follows: General Plan: R-15 61. The “Use Allocation” subsection of Green Valley Master Plan Section VI.D is amended to read as follows: Use Allocation Based on the General Plan residential density range for R-15 (11.5 – 15 du/ac) the area may be developed with 400 single-family dwelling units, exclusive of any future density bonus under state law and/or Chapter 21 .86 of the Carlsbad Municipal Code. A minimum of 15 % of the approved number of units shall be "affordable" (CMC Chapter 21.85). The actual number of units achieved will be determined during project review. 62. The “General Plan” subsection of Green Valley Master Plan Section VI.E is amended to read as follows: General Plan: OS 63. The “General Plan” subsection of Green Valley Master Plan Section VI.F is amended to read as follows: General Plan: OS 64. North County Plaza Specific Plan Section I is amended to read as follows: I. GENERAL PLAN AND ZONING REGULATIONS The site is designated in the Land use Element of the Carlsbad General Plan as R/R-40/OS (Regional Commercial/Residential (37.5 – 40 du/ac)/Open Space). The property is zoned C-2/RD-M/O-S (General Commercial/Residential Density-Multiple/Open Space). 65. North County Plaza Specific Plan Section II is amended to read as follows: II. GENERAL DEVELOPMENT CONCEPT The Specific Plan area will be a comprehensively planned regionally oriented commercial, office, and residential development. The area will feature extensive landscaping, including street side berming, sign controls, and quality development standards. 66. North County Plaza Specific Plan Section IV is amended to read as follows: IV. PERMITTED USES A. This Specific Plan determines land use for the site and serves to implement the combination General Plan designation of R/R-40/OS and the zoning classification of C-2/RD-M/O-S. The site may develop with a mix of commercial and residential uses or solely with residential uses (unlike other sites with combination designations in which a project can develop at any of designations, residential is mandatory to enable Housing Element programs to be met). In either case, any residential development shall feature a minimum 240 residential units at a minimum density of 37.5 dwelling units per acre to meet Housing Element objectives. If development proposes a mix of uses, the location of the commercial and residential uses/land use designations shall be determined through review and approval of a Site Development Plan. B. Uses within the area zoned O-S shall be consistent with uses allowed in the O-S Zone (Carlsbad Municipal Code Chapter 21.33), or as otherwise restricted. C. Residential uses. (1) Residential uses shall be consistent with the uses allowed in the RD-M zone (Carlsbad Municipal Code Chapter 21.24). (2) If the site is developed with a mix of commercial and residential: a. Minimum density (37.5 du/ac) shall be calculated based on 25 percent or greater of the net developable acres as necessary to achieve a minimum 240 dwelling units. b. Maximum density (40 du/ac) shall be calculated based on the total net developable acres. (3) If the site is developed solely as residential, the minimum density (37.5 du/ac) and maximum density (40 du/ac) shall be calculated based on total net developable acres of the site. D. Commercial uses - permitted. The following uses, only, shall be permitted without further action by the Planning Commission: (1) Accountants (2) Addressing, secretarial and telephone answering services (3) Antique shops (4) Art stores and art galleries (5) Attorneys (6) Bakeries or confectioneries (7) Barbershops or beauty parlors (8) Bicycle shops (9) Blueprinting, photocopying, duplicating and mimeographing services (10) Book and stationery stores (11) Business machine and computer sales display and service (12) Card shops (13) Cheese shops (14) Clock shops (15) Curtain and drapery shops (16) Cutlery shops (17) Delicatessen stores (18) Department stores (19) Dinner theaters (20) Doctors, dentists, optometrists, ophthalmologists, chiropractors, and others practicing the healing arts for human beings and related uses such as oculists, pharmacies (prescription only) (21) Donut shops (22) Dressmaking or millinery shops (23) Drugstores (24) Dry cleaning and laundry agencies (25) Dry goods or notion stores (26) Electronic data processing, tabulating and record keeping services (27) Employment agencies (28) Engineers, architects, and planners (29) Financial Institutions, including banks, savings & loans, mortgage companies and finance companies (30) Florists (31) Furniture stores (32) Gift shops (33) Health clubs or exercise salons (34) Health or specialty food stores (35) Hobby shops (36) Home appliance stores (37) Ice cream and yogurt (38) Indoor plant sales and service facilities (39) Interior designers or decorators (40) Jewelry stores (41) Kitchen supplies or culinary accessories (42) Leather goods and luggage shops (43) Light fixtures and accessories (44) Lock and key shops (45) Medical appliance sales (46) Modeling schools (47) Music stores (48) Nurseries - plant (49) Offices (50) Paint and wallpaper specialty stores (51) Pet shops (52) Photographic equipment (53) Photographic studios and retail outlets (54) Picture frames (55) Pool and patio supplies (56) Pottery shops (57) Realtors (58) Record and tape stores (59) Restaurants, tea rooms or cafes (including dancing or entertainment and on-sale liquor) (60) Roller skating or ice-skating rinks (61) Rug and carpet stores (62) Shoe stores or repair shops (63) Sporting goods (64) Stereo stores (65) Stock brokerage firms (66) Studios for teaching of art, dancing, and music (67) Tailors, clothing or wearing apparel shops (68) Telephone sales (69) Theaters - indoor (70) Toy stores (71) Travel bureaus (72) Variety stores (73) Wine specialty shops (including Liquor Boutiques) (74) Other uses determined to be similar in character, accessory to or compatible by the Land Use Planning Manager E. Commercial Uses – conditionally permitted. Subject to the provisions of Chapter 21.42, the following uses and structures are permitted by Conditional Use Permit. In addition to the findings required by Chapter 21.42, in order to approve a Conditional Use Permit, it must be found that the use, as proposed, will not adversely affect the viability of use of the area as a commercial district or, if developed as such, as a mix of commercial and residential uses, or adversely affect nearby uses of traffic movements. (1) Bars, cocktail lounges and other licensed (on- sale) liquor dispensing operations not meeting the definition of a bona fide eating establishment, subject to the following conditions: (A) An opening shall be provided through which an unobstructed view of the interior of the premises can be obtained from the street upon which business fronts. (B) Parking shall be provided at the rate of not less than one space per fifty square feet of gross floor area. (C) Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all times. (D) Any structure housing such operation shall meet all applicable code provisions prior to occupancy. (E) Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the premises. (F) No licensed liquor dispensing operation shall be located within five hundred feet of any other licensed liquor dispensing operation not meeting the definition of a bona fide eating establishment. (2) Drive through facilities for financial institutions only. 67. The first paragraph of North County Plaza Specific Plan Section V is amended to read as follows: The intent of this section is to provide the maximum opportunity for creative site planning and building design, while ensuring consistency with a high-quality commercial and residential development. There will be a pleasing variety of setbacks and separations between buildings, with a visual continuity provided by common landscape treatment. 68. North County Plaza Specific Plan Section V.A. (1) a) is amended to read as follows: a) Marron Road, east of frontage midpoint between Monroe Street entrance and Jefferson Street entrance. All one-story buildings shall maintain a 20-foot minimum setback. Multi-story buildings shall maintain a 30-foot minimum setback. Setbacks for adjacent buildings will be varied 5 foot minimum to create more interest along the street. Parking areas and drives shall maintain a minimum 15-foot setback. 69. North County Plaza Specific Plan Section V.D is amended to read as follows: D. Building Height: The maximum building height shall be 45 feet. 70. North County Plaza Specific Plan Section V.E is amended to read as follows: E. Parking: Off-street parking shall be provided to accommodate all parking needs of the project. (1) Commercial parking shall be provided at a ratfo of 4.7 spaces per 1,000 square feet of gross building area. A maximum of twenty (20) percent of the required parking will be provided by compact car spaces. (2) Residentfal parking shall be provided as required by Carlsbad Municipal Code Title 21. 71. North County Plaza Specific Plan Section V.H is amended to read as follows: H. Signs: Prior to the issuance of any building permits for this site, a detailed comprehensive sign program for the entfre site shall be submitted to and approved by the Land Use Planning Manager. Residentfal signs shall be consistent with residentfal signage allowed by Carlsbad Municipal Code. All commercial signs will be internally illuminated and will encourage design creatfvity. In additfon, the following commercial sign standards shall apply to this site: (2) The following methods of center identification may be used: (a) One freestanding sign for the specific plan area. This sign may identify up to four tenants, and: is to be located on the creekside portion of the project. It shall be located within reasonable proximity to the main entrance to the site at Jefferson Street and Marron Road and shall not exceed 20 feet in height and 100 square feet in area. (b) One monument sign located within reasonable proximity to the Monroe Street entrance to the site. This sign shall be no greater than 3 feet in height and 15 feet in length. Commercial Wall Signs, Canopy Signs, Under-Canopy Signs: Building tenants shall be allowed wall signs, canopy signs or under-canopy signs, or a combinatfon thereof, as will be indicated in the comprehensive sign program. For each building, the total maximum allowable area for these signs shall not exceed 1.5 square feet per lineal foot of building frontage. Building frontage shall be defined as the longest dimension of the building, regardless of street orientatfon. On buildings frontfng on Marron Road, no more than 33% of this total area may face directly upon Marron Road. 72. North County Plaza Specific Plan Section V.N is added to read as follows (the subsections that follow shall be renumbered accordingly): N. Affordable Housing: Residentfal development (rental or for-sale) shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residentfal development as affordable to lower income households at 80% or below the San Diego County Area Median Income. This affordable housing requirement may also be satfsfied by the following alternatfves (at the sole discretfon of the City of Carlsbad and following completfon of an alternate public benefit analysis): • At least 15% of the total housing units shall be affordable to low-income households and an additional 10% shall be affordable to moderate-income households; or • At least 15% of the total housing units shall be affordable to very low-income households. 73. North County Plaza Specific Plan Section VII is added to read as follows: 1. Section VII. is added as follows: VI. Site Development Plan/Planned Development Permit A. A site development plan, processed in accordance with Carlsbad Municipal Code Chapter 21.06, shall be required if the site is developed with: 1. A mix of commercial and residentfal uses (apartments or condominiums). 2. Solely with commercial uses 3. Solely with for rent housing (apartments). B. A planned development permit, processed in accordance with Carlsbad Municipal Code Chapter 21.45, shall be required if the site is developed with: 1. A mix of commercial and residentfal uses (condominiums). A site development plan shall also be required. 2. Solely with for-sale housing (condominiums). No site development plan is required. 74. Westfield Carlsbad Specific Plan Section 1.1 is amended to read as follows: 1.1 PURPOSE AND SCOPE The purpose of the Westiield Carlsbad Specific Plan (WCSP) is to provide a comprehensive set of development standards, guidelines, and implementatfon procedures to facilitate the redevelopment, revitalizatfon and operatfons of Westiield Carlsbad (WC) consistent with the existfng General Plan Designatfon of Regional Commercial (R) on the retail center and Regional Commercial (R)/R-40 (Residentfal 37.5-40 du/ac)/R-23 (Residentfal 19-23 du/ac)/Open Space (OS), R/R-40/R-23 and R/R-40 on the propertfes surrounding the retail center. Westiield Carlsbad is a super-regional shopping center with approximately 1,151,100 square feet of gross leasable area (1,348,500 square feet of gross floor area (including common access areas)) featuring major department stores, specialty retail shops and restaurants. The plan allows Westiield Carlsbad the flexibility to meet the progressive and changing commercial, entertainment and service needs of the residents of Carlsbad and coastal north county region and allows for housing development to meet the city's housing objectfves. The plans and exhibits provided in this specific plan provide a framework for future development at Westiield Carlsbad. More detailed Site Development Plans or other entftlements may be required prior to actual development within the Specific Plan area. The Westiield Carlsbad Specific Plan: • Identffies existfng development. • Defines the allowable types and intensity of land uses. • Provides development and design guidelines. • Describes how the Specific Plan will be implemented and administered. • Is compliant with all state laws and guidelines regarding the content and format of a specific plan. City Council adoptfon of the WCSP establishes the development standards, design guidelines, and entftlement processes for development and land use within the specific plan area. Adoptfon of the WCSP will ensure that the subject property is developed and redeveloped in accordance with the City of Carlsbad General Plan and the following regulatfons: • General Plan land use designatfons: Regional Commercial (R), and Regional Commercial (R)/R-40 (Residentfal 37.5-40 du/ac)/R-23 (Residentfal 19-23 du/ac)/OS (Open Space), R/R-40/R-23, and R/R-40. • Carlsbad Municipal Code, Chapters 21.28 General Commercial (C-2) and 21.24 Residentfal Density-Multfple (RD-M) • Zone 1 Local Facilitfes Management Plan per Chapter 21.90 • Carlsbad Municipal Code, Chapter 21.40 (Scenic Preservatfon Overlay) and El Camino Real Corridor Standards • Carlsbad Municipal Code, Chapter 21.46 (Yards) • Carlsbad Municipal Code, Chapter 21.41 (Signs) • Carlsbad Municipal Code, Chapter 21.44 (Parking) • Carlsbad Landscape Manual In some instances, the requirements of the specific plan will be different than the zoning regulatfons. In cases where the specific plan and the zoning regulatfons are in conflict, the specific plan, and the development standards and guidelines contained herein, shall prevail. Revitalizatfon of Westiield Carlsbad under the Specific Plan may entail the remodel and reconfiguratfon of existfng commercial buildings, new exterior oriented retail space, and new commercial pads. The WCSP is adopted pursuant to the provisions of Government Code Sectfons 65450 et. seq., the Land Use Element of the City of Carlsbad General Plan, and the Carlsbad Municipal Code. 75. Westfield Carlsbad Specific Plan Section 1.2 is amended to read as follows: Goals • Describe and codify the existfng development at Westiield Carlsbad under the Specific Plan framework. • Modernize and revitalize Westiield Carlsbad creatfng a contemporary, vibrant regional retail center, which enhances the shopping, entertainment and public gathering experience for Carlsbad residents and the surrounding community. • Establish Westiield Carlsbad as a prominent regional retail center attractfve to high quality retailers and fueling economic growth in the City while satfsfying current consumer needs on a regional scale. • Provide flexible development standards and review processes to allow for quick and efficient contfnuous improvements in response to market conditfons. • Allow for housing quantftfes and densitfes to meet the city's housing objectfves, including densitfes considered affordable to lower and moderate-income households. Objectfves • To establish development standards to address landscaping, parking, uses, signage and maintain building design criteria to ensure future redevelopments are compatfble with the Specific Plan and Carlsbad General Plan. • To enhance Westiield Carlsbad as a safe locatfon for visitors through enhanced lightfng and security standards, with contemporary retail projects that optfmize public safety. • To utflize the Westiield Carlsbad Specific Plan to regulate development to create a mix of retail, restaurant and entertainment opportunitfes, as well as residentfal uses. • To provide a codified set of development regulatfons, design standards and processing procedures for the site. • To offer a full range of goods, services, and entertainment to the residents of Carlsbad and the surrounding community. • To improve the overall pedestrian experience by creatfng enhanced pedestrian connectfons and upgrading landscaping within parking lots as redevelopment occurs overtfme. To allow for the modernizatfon of Westiield Carlsbad while architecturally integratfng the new development with the existfng buildings to provide an overall enhanced design. • To ensure that the revitalized Westiield Carlsbad provides a variety of pedestrian walkways, landscaped parking lots, and the use of harmonious architecture in the design of buildings. • To provide a minimum 741 housing units at 37.5 dwelling units per acre (du/ac) (R-40) and a minimum 252 units at 19 du/ac (R-23). • To incorporate a high level of affordable housing to lower income households (at least 20% of housing units). 76. Westfield Carlsbad Specific Plan Section 1.5 is amended to read as follows: 1.5 IMPLEMENTATION OF THE SPECIFIC PLAN AND SUBSEQUENT ACTIONS NECESSARY TO BE CONSISTENT WITH THE SPECIFIC PLAN The Westiield Carlsbad Specific Plan (WCSP) implements the Regional Commercial (R), R-40 (Residentfal 37.5-40 du/ac), and R-23 (Residentfal 19-23 du/ac) General Plan Land Use designatfons in conjunctfon with the General Commercial (C-2), and Residentfal Density Multfple (RD-M) zoning. Permitted uses are listed in Sectfon 3.1 of this document. The provisions of the C-2 and RD-M zoning districts per Chapters 21.28 and 21.24 of the Carlsbad Zoning Ordinance (e.g., uses, development standards, development permit requirements, etc.) and any future amendments apply to the regulatory topics not covered within this specific plan. Approval of the WCSP does not vest any rights for future approvals of any licenses, discretfonary acts, or other entftlements necessary for future development in the plan area. Subsequent public work projects, tentatfve or parcel maps, discretfonary acts, and zoning ordinance amendments that affect the plan area must be consistent with the WCSP. With City Council adoptfon of WCSP the standards and review processes of the specific plan replace the existfng requirements/processes as the processing mechanism for all future entftlements, development and operatfons. All prior Precise Plan consistency determinatfons and amendments, including PP-24, amendments A-K, are consistent with the specific plan and are vested and remain in full force and effect, except as they may be modified by future approvals pursuant to this specific plan. 77. The “General Plan and Zoning” subsection in Westfield Carlsbad Specific Plan Section 2.1 is amended to read as follows: General Plan and Zoning The retail center in the center of the Westiield Carlsbad Specific Plan area falls within the Regional Commercial (R) General Plan land use designatfon and the General Commercial (C-2) Zone; the areas surrounding the retail center fall within the Regional Commercial (R)/R-40 (Residentfal 37.5-40 du/ac)/R- 23 (Residentfal 19-23 du/ac)/OS (Open Space), R/R-40/R-23 and R/R-40 General Plan Land Use designatfons and the General Commercial (C-2)/Residentfal Density Multfple (RD-M) Zones. 78. Westfield Carlsbad Specific Plan Section 2.2 is amended to read as follows: 2.2 CONCEPTUAL LAND USE PLAN The Westiield Carlsbad regional retail center provides a blend of retail, restaurant, service, and entertainment to residents and visitors to the city. The Westiield Carlsbad Specific Plan (WCSP) identffies a conceptual plan for redevelopment of the retail center. While the focus of the WCSP is on commercial use of the plan area, residentfal uses can be attached to the retail center or detached from the retail center within the current parking lot area. The following outlines the conceptual plan for the commercial retail center: Portfons of the east end of the existfng mall structure and some out-buildings are planned to be removed, renovated and/or redeveloped, and new commercial space will be added. Table 2: Maximum Commercial Development Limits Table 2 details the maximum development proposed under the WCSP and notes the maximum net increase in Westiield Carlsbad square footage. The table above breaks the square footage out between the mall and the outbuildings, but these numbers can shift between categories as long as the total GLA proposed, and the net change are not exceeded. Westiield Carlsbad Specific Plan provides the framework for future commercial development/ redevelopment of the site. The proposed site development plan that implements the elements laid out in the WCSP is conceptual at this stage and may change prior to final approval. Table 3 provides an idea of the proposed commercial changes that will occur but does not reflect exact square footage and does not reflect the potentfal for residentfal development. For purposes of the Specific Plan compliance for commercial development, the site development plan must adhere to the maximum square footage limits and net change reflected in Table 2. For purposes of Specific Plan compliance for residentfal development, the development must adhere to the requirements of the C-2 zone (for the retail center designated (R) Regional Commercial) and the RD- M zone (for the areas surrounding the retail center and designated R/R-40/R-23/OS, R/R-40/R-23 and R/R-40) and other applicable requirements of Carlsbad Municipal Code Title 21, and the allowed General Plan densitfes for the R-23 and R-40 designatfons. The minimum and maximum number of dwellings shall be calculated based on the net developable acres of each lot or combinatfon of lots, upon which the development is proposed. In cases where the specific plan and the zoning regulatfons are in conflict, the specific plan, and the development standards and guidelines contained herein, shall prevail. Table 3: Proposed Commercial Site Development Plan 79. The title of Westfield Carlsbad Specific Plan Figure 4 is amended to read as follows: COMMERCIAL LAND USE PLAN 80. The first paragraph of Westfield Carlsbad Specific Plan Section 2.3 is amended to read as follows: The Westiield Carlsbad site has been divided into five planning areas to better define the commercial improvements and overall vision for the shopping center. Below is a brief descriptfon of each planning area and the planning areas are depicted in Figure 5. More detailed informatfon regarding specific commercial development standards for the planning areas can be found in Sectfon 5 of this document. 81. The first paragraph of Westfield Carlsbad Specific Plan Section 2.4 is amended to read as follows: Land Use Element The Westiield Carlsbad Specific Plan (WCSP) is designated by the Land Use Element for a mix of commercial and residentfal uses. The WCSP specifies requirements to ensure future residentfal development is consistent with the General Plan Land Use element and identffies a plan to redevelop the retail center consistent with the Land Use Element and the intent and characteristfcs of the Regional Commercial (R) Land Use designatfon. The Land Use Element cites tenant compositfon and specific characteristfcs as key factors in identffying a retail center type. Additfonal factors to consider in determining center type are building area, site size and trade area size. Below are a few key characteristfcs of Regional Commercial as described in the Commercial classificatfons sectfon of the General Plan (C.3) followed by a compliance summary of how the specific plan complies with these characteristfcs. 82. The “Housing Element” subsection of Westfield Carlsbad Specific Plan Section 2.4 is amended to read as follows: Housing Element The 2021-2029 Housing Element identffied the Westiield Carlsbad Specific Plan (WCSP) as a site to accommodate 993 units affordable to moderate- and lower- income households and required that the site be rezoned to allow more residentfal units than were previously allowed in the Regional Commercial (R) designatfon. The WCSP furthers the following 2021-2029 Housing Element goals, policies, and programs: • New housing developed with diversity of types, prices, tenures, densitfes, and locatfons, and in sufficient quantfty to meet the demand of antfcipated city and regional growth and to meet or exceed the city's established Regional Housing Needs Allocatfon (RHNA). (Housing Element Goal 10.1) • Ensure the availability of sufficient developable acreage in all residentfal densitfes to accommodate provide varied housing types and income levels as required to meet Carlsbad's 2021-2029 RHNA, as discussed in Sectfon 10.3. (Housing Element Policy 10-P.1) • Encourage increased integratfon of housing with nonresidentfal development where appropriate and where residentfal development can be implemented in a way that is compatfble with existfng and planned uses. (Housing Element Policy 10-P.4) • Upon amendment of the city’s Real Estate Strategic Plan (see Housing Element Program 1.1 e.) develop and implement a program to promote the residentfal development of city-owned sites within the planning period that is consistent with the strategic plan and that incorporates a high level of affordable housing (at least 20% of residentfal units). For city-owned propertfes at The Shoppes at Carlsbad, work collaboratfvely with The Shoppes’ owner to facilitate a mixed-use development consistent with this objectfve. (Housing Element Program 1.1.f.) Housing is permitted under the Specific Plan. Any future plans for housing at the Westfield Carlsbad site would be subject to CEQA review and a discretionary permit process through the City of Carlsbad. 83. Westfield Carlsbad Specific Plan Section 2.5 is amended to read as follows: 2.5 SPECIFIC PLAN RELATIONSHIP TO ZONING ORDINANCE The Westfield Carlsbad Specific Plan (WCSP) shall serve as the zoning for the site. Unless otherwise modified in the Specific Plan, all development shall comply with the standards of the underlying General Commercial (C-2) and Residential Density Multiple (RD-M) zoning districts of the Carlsbad Municipal Code (Chapters 21.28 and 21.24). In the event of a conflict between the Specific Plan and the Zoning Ordinance, the Specific Plan shall prevail. 84. The “Regulation” subsection of Westfield Carlsbad Specific Plan Section 2.7 is amended to read as follows: Regulatfon Except as specifically stated in the Specific Plan, the requirements of the C-2 and RD-M Zones and all other applicable provisions of the zoning, subdivision, grading and building codes (and any amendments thereto) of the City of Carlsbad shall apply. 85. The first paragraph of Westfield Carlsbad Specific Plan Section 3 is amended to read as follows: Commercial and residentfal uses are allowed. Regional shopping centers such as Westiield Carlsbad must provide the full depth and variety of contemporary retail, service, entertainment, and dining uses to create a vibrant destfnatfon shopping and entertainment experience. Westiield Carlsbad contfnues to benefit from a diversity of commercial uses on a highly accessible regional site. 86. Westfield Carlsbad Specific Plan Section 3.1 is amended to read as follows: 3.1 PERMITTED USES The Westiield Carlsbad Specific Plan (WCSP) establishes a use classificatfon framework to ensure contfnued grouping of diverse and compatfble uses in Westiield Carlsbad, and to serve as an adaptable approach to land use administratfon within the specific plan boundaries. Each use classificatfon contains one or more uses that have substantfally similar characteristfcs. All possible uses are not listed in the use classificatfons, but it provides framework for review of individual uses. The City Planner shall determine if a specific use is substantfally similar to one of the uses in the classificatfon, and therefore considered an allowed use. Table 4 on the following page lists the use classificatfons, provides examples of some similar uses within each use classificatfon, and notes whether the use classificatfons are permitted by right, require a conditfonal use permit or require a site development plan. The permitted residentfal uses identffied in Table 4 are subject to the Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85), and the following: • Residentfal development (rental or for-sale) in the area surrounding the retail center and designated R/R-40/R-23/OS, R/R-40/R-23 and R/R-40 shall enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% of the total housing units on the site of the residentfal development as affordable to lower income households at 80% or below the San Diego County Area Median Income. • The minimum and maximum number of dwellings shall be calculated based on the net developable acres of each lot or combinatfon of lots, upon which the development is proposed, as follows: If on a lot with commercial development: o Minimum density shall be calculated based on 25% of the net developable acres. o Maximum density shall be calculated based on the total net developable acres. If on a lot with no commercial development (solely residentfal): o Minimum and maximum density shall be calculated based on the total net developable area of the lot/lots. 87. Westfield Carlsbad Specific Plan Section 3.2 is amended to read as follows: 3.2 TEMPORARY USES Temporary Parking Lot Events Westiield Carlsbad’s significant parking lot space (over 50 acres) and efficient regional access (e.g., from State Route 78, El Camino Real, and an on-site mass transit center) offer ample opportunity for temporary events. Properly programmed and managed events maximize both the use of the site and benefits to area residents, visitors and businesses contributfng significantly to the overall vibrancy of the regional shopping center. The following temporary events are allowed subject to the requirements as described in Sectfon 6.3 of the specific plan: • Automotfve Demonstratfons/Product Awareness with local Carlsbad dealers (excluding tent sales and used car sales) • Bike/Skate Demonstratfon or Show • Christmas Tree Lot • City-wide Events (such as 4th of July Celebratfon or other holiday/seasonal events, MS Bike Ride, Carlsbad Marathon, etc.) • Farmers’ Markets • Pumpkin Patch • Seasonal Garden Centers • Other similar events subject to mutual agreement between Plaza Camino Real, LLC and the City of Carlsbad In conjunctfon with the temporary events listed above, retail stores at Westiield Carlsbad shall be able to setup and operate temporary booths/stalls in support of any events. The products/services offered in the temporary booths/stalls shall be complimentary and compatfble with the primary special event, and the number and size of the booths/stalls shall be limited, such that they remain incidental and subordinate to the primary temporary event use. All temporary events are to occur within one of the designated areas shown in Figure 6, provided the area is not developed with residentfal uses or the parking lot is not required parking for a residentfal use. Any temporary events occurring within the public right-of-way may be allowed if they meet City of Carlsbad Police definitfon for Special Event per Sectfon 8.17.020, and an applicatfon for a Special Event Permit is filed with and approved by the City of Carlsbad. 88. The first two paragraphs of Westfield Carlsbad Specific Plan Section 5 are amended to read as follows: The following sectfon lays out the applicable development standards contained in this specific plan. The sectfon is organized into two parts “General Development Standards” and “Planning Area Requirements”. The General Development standards apply to the entfre Westiield Carlsbad site and include parking, grading, lightfng and signage standards. The Planning Area requirements describe standards that apply to each individual planning area. The development standards established within the WCSP shall serve as the implementfng zoning for the site. Unless otherwise modified in the Specific Plan: • All commercial development, and residentfal development that is attached to commercial development, shall comply with the standards of the underlying General Commercial (C-2) zoning district of the Carlsbad Municipal Code (Chapter 21.28), • All residentfal development that is detached from commercial development shall comply with the standards of the RD-M zone of the Carlsbad Municipal Code (Chapter 21.24), and • All development shall comply with applicable sectfons of Chapter 21.44 Parking. 89. The “Parking” subsection of Westfield Carlsbad Specific Plan Section 5.1 is amended to read as follows: Parking The parking provided includes all parking lots and structures within the Specific Plan area, and the parking lot parcel located just north of the Specific Plan boundary, south of the Buena Vista Creek. This area holds 613 parking stalls constructed within the City of Oceanside, owned by the City of Carlsbad, and by agreement used solely for public parking. As a regional shopping center Westiield Carlsbad contains a variety of commercial uses including anchor and specialty retail, restaurants, and a theater. Shared parking dynamics in such a situatfon are well documented and support the following parking ratfos which represent commercial parking standards for Westiield Carlsbad established by the Specific Plan: • 4 spaces/1,000 square feet of gross leasable area (GLA). Based on standard above and the maximum allowable square footage for the total site of 1,186,509 square feet per Sectfon 2.2: Parking Required: 4,746 spaces Parking Provided: 5,931 spaces Surplus/(Deficit): 1,185 spaces The number of parking spaces provided is based on the current proposal for the site development plan. While this is antfcipated to remain the same, if changes to proposed layout/development occur, the final number may vary slightly. For purposes of compliance with this specific plan, the number of commercial parking spaces provided must meet the required minimum based on the standard of 4/1,000 sf. Parking for residentfal uses shall be provided as required by Carlsbad Municipal Code Chapter 21.44. In additfon to the parking standard, the following criteria shall apply: • Parking spaces for all permitted commercial and ancillary uses shall be provided consistent with the parking ratfos set forth in the Specific Plan. • Minimum parking stall size for any new standard parking stalls shall be 8.5’ by 19’ (2’ overhang can be included in the 19 ft. length) Existfng stalls are permitted to remain as provided. • Compact parking is permitted, and minimum parking dimensions shall be 8’ by 15’. Up to 25% of the required parking spaces may be compact spaces. No overhang permitted. • Parking for motorcycles shall be allowed and shall be counted toward the total required parking up to a maximum of 1 percent of the total parking required. Minimum parking stall size for motorcycles shall be 3.5’ by 7’. • Parking lot landscaping shall conform to the guidelines in Sectfon 4 of this specific plan. 90. Westfield Carlsbad Specific Plan Section 5.1 is amended by the addition of the following paragraph at the beginning of the “Signs” subsection: Residentfal uses shall be subject to the sign requirements of Carlsbad Municipal Code Chapter 21.41. The following requirements apply to the retail center. 91. Westfield Carlsbad Specific Plan Section 5.2 is amended by the addition of the following at the beginning of “Planning Area 1: Main Mall - East”, “Planning Area 2: Outbuildings along El Camino Real”, “Planning Area 3: Outbuildings on northern edge of Westfield Carlsbad”, “Planning Area 4: Outbuildings south of Marron Road”, and “Planning Area 5: Main Mall – West” subsections: Commercial and residential uses: Exhibit 6 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE AND COMMUNITY DESIGN ELEMENT, LAND USE MAP (MAP 2 – EXCLUDING SITES 3, 8 AND 15), PUBLIC SAFETY ELEMENT, AND THE LOCAL COASTAL PROGRAM TO IMPLEMENT OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE RHNA), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021; and WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city’s adopted Housing Element as being in substantial compliance consistent with state housing law; and WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement objectives b, c and d of Housing Element Program 1.1 (Provide Adequate Sites to Accommodate the RHNA), and to implement objective b of Housing Element Program 1.3 (Alternative Housing), the City Planner has prepared amendments to the General Plan Land Use and Community Design Element, Land Use Map and Public Safety Element (GPA 2022- 0001), and to the Local Coastal Program Land Use Plan and Land Use Map (LCPA 2022-0015), pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, to meet said Housing Element objectives, the city evaluated rezoning 18 sites to accommodate increased residential units/density: and WHEREAS, on February 15, 2022, staff presented the results of a community engagement effort to the City Council, and the City Council selected two rezone map options (Map 1 and Map 2) and directed staff to proceed with a complete environmental review of rezoning of the sites; and WHEREAS, amendments to the Land Use and Community Design Element (GPA 2022-0001) are shown on Attachment A attached hereto; amendments to the General Plan Land Use Map and Local Coastal Program Land Use Map (GPA 2022-0001/LCPA 2022-0015) are shown on Attachment B Jan. 30, 2024 Item #2 Page 76 of 157 attached hereto; and amendments to the Public Safety Element (GPA 2022-0001) are shown on Attachment C attached hereto; and amendments to the Local Coastal Program Land Use Plan are shown on Attachment D attached hereto; and WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 7498 and 7499 recommending that the City Council approve GPA 2022-0001 and LCPA 2022-0015; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2022- 0015 from October 13, 2023, to November 24, 2023, and no comments were received; and WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is conditionally consistent with the adopted McClellan- Palomar Airport Land Use Compatibility Plan; and WHEREAS, on January 30, 2024, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider GPA 2022-0001 and LCPA 2022-0015; and 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, including written public comments, if any, related to GPA 2022-0001 and LCPA 2022-0015. 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.The findings of the Planning Commission contained in Planning Commission Resolutions No. 7498 and 7499, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 3.The Map 2 option (rezone all sites, excluding sites 3, 8 and 15) is the preferred option to meet the objectives of the Housing Element. 4.The amendments to the General Plan Land Use and Community Design Element (Attachment A, attached hereto), General Plan Land Use Map and Local Coastal Program Land Use Map for Map 2 (Attachment B, attached hereto), General Plan Public Safety Element (Attachment C, attached hereto), and Local Coastal Program Land Use Plan (Attachment D, attached hereto), are approved. Jan. 30, 2024 Item #2 Page 77 of 157 5.Staff is authorized to revise General Plan data and figures, as necessary, to reflect the exclusion of Sites 3, 8 and 15 from the approved land use map changes. 6.Staff is authorized to submit the following to the California Coastal Commission for certification: the Local Coastal Program Land Use Plan and Land Use Map amendments approved by this resolution. 7.The approved Local Coastal Program Land Use Plan and Land Use Map shall not become effective until approved and certified by the California Coastal Commission. 8.This action is final on 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: "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. Jan. 30, 2024 Item #2 Page 78 of 157 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 79 of 157 Attachment A Land Use and Community Design Element (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 80 of 157 The Land Use and Community Design (LUCD) Element seeks to enhance the defining attributes of Carlsbad's identity -a small town with neighborhoods nestled betiveen rolling hills; a beach community with miles of easily accessible beaches, lagoons and trails; and a resident population whose stewardship of the city's natural assets and active engagement in community activities serve as reminders of the city's connectedness. This element seeks to activate the ocean waterfront; revitalize the Village and the Barrio; enhance the community's everyday livability; and reinforce Carlsbad's position as a premier center of innovation, employment, and comme1·ce. 2-2 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n This element provides a short context far Carlsbad s existing J.and use pattern and community design character, and highlights strategies and polices for optima[ daielopment patterns. Topics addressed include: • Ot-•eraU city image, form, and structure (small to«in "fee[") • Land use vision • Community connectedness; walkabHity and accessibility • Beach access and actfoicy • Land use designations; density/intensicy standards • Like[y buildout and jobs/housing baiance • Growth management and capacicy • Land use and community design policies 2-3 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.1 Introduction Background and Purpose The LUCD Element directs the location, form, and character of future devel- opment, shaping where people will live, work, play, and shop in Carlsbad. It presents the desirable pattern for the ultimate development of the city for the General Plan horizon (year 2035), and seeks to ensure that land use planning reflects the community’s evolution and changing demographics, conserves the natural environment, and promotes synergies between land uses to promote walking, biking, and sustainable lifestyles. The LUCD Element also includes policies for growth management, ensuring that growth is distributed across the community consistent with infrastructure capacity, and that infrastructure and public facilities keep pace with population growth. The LUCD Element consists of narrative, goals and policies, as well as a Land Use Map and other figures and maps. It also includes land use designations that describe the uses shown on the Land Use Map. Text and maps should be considered collectively as project approvals or future amendments are made. Relationship to State Law State law (Government Code Section 65302(a)) requires general plans to include a Land Use Element. In accordance with state law, the LUCD Element designates the general distribution, location and extent of land for housing, business, industry, open space (including agriculture, natural resources, recreation, and enjoyment of scenic beauty), education, public facilities, and other categories of public and private uses of land. It also includes standards of population density and building intensity for the various areas covered by the General Plan. Community Design is not a required element under state law. Community design policies in this element address topics such as the form, character, and quality of development, to advance the community’s desire to enhance Carlsbad’s setting and quality of life. Relationship to Community Vision While the LUCD Element responds to almost all of the core values of the Carlsbad Community Vision, most closely it furthers: Core Value 1: Small Town Feel, Beach Community Character and Connectedness. Enhance Carlsbad’s defining attributes—its small-town feel and beach community character. Build on the city’s culture of civic engagement, volunteerism and philanthropy. 2-4 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Relationship to Other General Plan Elements The LUCD Element has the broadest scope of all the elements and plays the central role of correlating all land use issues into a set of coherent development policies. Other elements of the General Plan contain goals and policies related to land use, and therefore, must be referred to for a complete understanding of the purposes, intentions and development requirements embodied in the Land Use Element. The street system and design, and transportation improvements in the Mobility Element are closely tied to fulfill transportation needs resultant from the land use pattern, while the Noise Element reflects noise generated from resultant traffic. The Open Space, Conservation and Recreation Element outlines policies to achieve the overall open space system depicted on the Land Use Map and establishes policies and standards for recreation facilities to serve the population resulting from residential, employment and visitor serving land uses. Sites identified in the Housing Element reflect residential designations on the Land Use Map. Relationship to Development Code Carlsbad’s codes governing development include the Zoning Ordinance, Environment Ordinance, Subdivisions Ordinance, Grading and Drainage Ordinances, California Building Code, and Fire Prevention Code. These codes regulate development as described below. In addition to these codes, there are other regulations that govern development in the city, including the Local Coastal Program, Habitat Management Plan and McClellan- Palomar Airport Land Use Compatibility Plan, which are discussed in Section 2.5. 1.Zoning Ordinance (Carlsbad Municipal Code, Title 21). This ordinance implements the General Plan by regulating the distribution and intensity of land uses in such categories as residential, commercial, and industrial. Regulations establish standards for minimum lot size; building height and setback limits; fence heights; parking; and other development parameters within each land use. In the event of an inconsistency between the Zoning Ordinance and the General Plan, the General Plan shall prevail. 2.Environment Ordinance (Carlsbad Municipal Code, Title 19). This ordinance provides for enhancement and protection of the environ- ment within the city by establishing principles, criteria, and procedures for evaluating the environmental impacts of development, consistent with the General Plan, and ensures compliance with the California Environmental Quality Act (CEQA). 3.Subdivisions Ordinance (Carlsbad Municipal Code, Title 20). This ordinance implements Title 7, Division 2 of the California Government Code (Subdivision Map Act), and sets procedures to regulate the division of land. Both the General Plan and the Carlsbad Subdivision Ordinance govern the design of the subdivision, the size of its lots, and 2-5 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n the types of improvements that will be required as conditions of approval. 4.Grading and Drainage Ordinances (Carlsbad Municipal Code, Title 15). The purposes of the grading ordinance are to: establish minimum requirements for grading, including clearing and grubbing of vegeta- tion, in a manner intended to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city. The purposes of the drainage ordinance are to: ensure the timely completion of planned local storm drainage, flood control and water pollution control improvements; and protect and enhance the water quality of the city’s receiving waters and wetlands in a manner pursuant to and consistent with the Clean Water Act and municipal permit. 5.California Building Code (Carlsbad Municipal Code, Title 18). The purpose of this code is to provide standards to safeguard health, property and public welfare by regulating the design, construction, occupancy, and location of buildings within the city. This code is developed by the California Building Standards Commission based on the latest edition of the model codes promulgated by the International Code Council. The State of California also publishes a California Plumbing, Electrical, Mechanical and Energy Code. These California codes for construction are adopted by local jurisdictions throughout California. All residential, industrial and commercial development in the City of Carlsbad must conform to the provisions of these codes. 6.Fire Prevention Code (Carlsbad Municipal Code Title 17). The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations. This code incorporates by reference the California Fire Code, which is developed and updated every three years by the California Building Standards Commission. The city’s Fire Prevention Code also incorporates a number of local amendments necessary to respond to local climatic, geographical, or topographic conditions. 2-6 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2.2 Context: Existing Land Use Pattern The geographically dominant land use in Carlsbad is single-family residential, with neighborhoods distributed throughout the city. Table 2–1 describes the extent of land uses that exist (on the ground), based on the geographic information systems (GIS) database compiled for the General Plan. Residential uses account for 29 percent of the city’s land area, with the largest share attributable to single-family detached homes (21 percent of the city’s land area). As of Jan. 1, 2023, there are 47,613 residential units in the city (Table 2–2). Non-residential uses, including commercial, industrial and hotels, account for 9 percent of the city’s land area. Commercial and industrial uses are primarily concentrated along Palomar Airport Road. Public and quasi- public uses, including city buildings and utilities, account for 5 percent of the city’s total acreage. As shown in Table 2–2, there are 18.1 million square feet of industrial and research and development/flex space, and 5.6 million square feet of office space. Hotels are scattered throughout the city, taking advantage of freeway access, the airport and proximity to major activity and employment centers, including LEGOLAND, beaches, lagoons, golf courses, the Village, and business parks. Natural vegetation remains in and around the three lagoons and on the higher, steeper-sloped, inland portions of the city. In fact, open space uses constitute the largest proportion of land use in the city. Five percent of the city’s land area is used for parks and recreation, 2 percent for agriculture and 32 percent as other open space or natural areas. Three percent of land is undeveloped or vacant (this excludes the undeveloped areas designated as open space). Although some of the vacant land is available for development, some sections may not be developable due to site constraints, such as steep slopes or natural habitat that is protected pursuant to the city’s Habitat Management Plan (HMP). For detailed discussion regarding existing land use patterns and issues, see Envision Carlsbad Working Paper 6: Small Town Feel, Beach Community Character and Connectedness; Neighborhood Revitalization, Community Design and Livability. 2-7 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2–1: EXISTING (2022) LAND USES LAND USE ACRES PERCENT OF TOTAL Residential 7,220 29% Spaced Rural Residential 67 <1% Single Family Detached 5,204 21% Single Family Multiple Units 886 4% Mobile Homes 180 <1% Multi-Family 879 4% Residential Under Construction 5 <1% Commercial/Industrial 2,276 9% Shopping Centers 298 1% Hotel, Motel, Resort 203 <1% Commercial 204 <1% Office 353 1% Industrial 1,217 5% Public/Quasi-Public 1,195 5% Education/Institutional 579 2% Transportation, Communication, Utilities 616 3% Agriculture/Open Space/Recreation 9,813 39% Agriculture 544 2% Open Space 8,080 32% Recreation 1,189 5% Others 4,548 18% Undeveloped/Vacant 826 3% Mixed Use 10.55 <1% ROW 3,711 15% GRAND TOTAL 25,053 100% Numbers and percentages may not add up due to rounding. Planned land uses, such as open space, may differ from existing land uses shown in this table. In addition, some “undeveloped/vacant” land may have been developed since the date of SANDAG’s data, while some “under construction” may have been completed. Source: SANDAG, 2023 TABLE 2–2: EXISTING INVENTORY OF RESIDENTIAL AND NON-RESIDENTIAL USES UNITS/SQUARE FEET Residential (Units) 47,613 Single-family (attached and detached), multifamily, mobile homes, and mixed-use residential units 47,003 Accessory dwelling units 6101 Non-Residential (square feet/hotel rooms) 28,282,930/5,067 Industrial and R&D/flex inventory 18,059,521 Office-inventory 5,653,775 Retail 4,569,634 Hotel rooms 5,067 1. Accessory dwelling units are not counted for Growth Management purposes as described in Section 2.6. Source: City of Carlsbad, 2023 2-8 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Rolling hills, beaches, lagoons, and built infrastructure frame Carlsbad’s physical form. 2.3 Vision and Strategies Overall City Image, Form, and Structure Rolling hills and other natural features and built infrastructure frame Carlsbad’s physical form, affecting development opportunities and the circulation network. Natural areas and open spaces include lagoons and the ocean, hillsides, habitats, and parks. The coastline and beaches are prominent visual amenities that offer beautiful views and recreation opportunities. The railroad and Interstate-5 traverse the city lengthwise and are located one-quarter- and one-half-mile, respectively, from the ocean. The only major north-south roads are Carlsbad Boulevard (along the coast) and El Camino Real (approximately two and one-half miles east of the coast), while six major roads traverse east-west. Interspersed between the natural features and this infrastructure are clusters of urban uses – the airport and the adjacent employment core at the geographic center of the community, surrounded by residential neighborhoods, shopping centers, hotels, and other uses. The northwest area of Carlsbad, generally north of Palomar Airport Road and west of El Camino Real, represents the original area of the city’s incorporation in 1952; at the time, the city included a commercial center (the Village) and the city’s original neighborhoods, which were built on a grid street system and primarily located west of Interstate-5 and north of Tamarack Avenue. Following incorporation in 1952, the city grew slowly until the 1980s when development rapidly expanded outward to the east and south in a dispersed urban form, resulting in the Village being located more than five miles from neighborhoods in the southern part of the city. (See Figure 1-2: City Evolution) Looking ahead, the Carlsbad Community Vision core value of Small Town Feel, Beach Community Character, and Connectedness expresses a desire to reinforce the defining attributes of the city’s identity. When juxtaposed onto the physical landscape, this means maintaining Carlsbad’s image of a small town where neighborhoods are nestled between rolling hills; a beach community with miles of easily accessible beaches, lagoons and trails; and a resident population whose stewardship of the city’s natural assets, heritage, public art, and active engagement in community activities serve as reminders of the city’s connectedness. The General Plan seeks to ensure that Carlsbad’s small-town “feel” will be maintained through the scale of development, and promotes planning practices that foster greater connections between neighborhoods and uses. Appropriately scaled development will ensure that mature trees and expansive open spaces dominate much of the city’s landscape, with clustered opportunities for urban-scaled development. 2-9 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Land Use Vision The General Plan guides Carlsbad’s evolution toward an increasingly balanced community, with a full range and variety of land uses, housing for all income groups and lifestyles, and places for businesses large and small. Much of Carlsbad—outside of the Village and the Barrio—was developed in an auto-centric era, with separation between uses. Looking ahead, the community envisions a future in which there is a greater mix of uses, density is linked to public transportation, and services are available closer to existing neighborhoods. The General Plan also seeks revitalization of older neighborhoods. While much of the city will not change in the coming years, a mix of activities in strategic locations in closer proximity to one another, rather than isolated single uses, will reduce distances to destinations. The General Plan also encourages development of housing and activities near public transportation and services, as well as appropriate opportunities for vertical mixed-use development (such as housing or offices above retail) in the Village and mixed-use centers. Recreation facilities will be developed closer to or within existing neighborhoods, and new neighborhood-scale services will be provided in convenient and sensible locations compatible with the surrounding residential uses. These approaches will accommodate growth while protecting open space, community character, and quality of life, and recognizing that change may be limited in established neighborhoods. The General Plan combines an active waterfront strategy with development of pedestrian-oriented shopping centers in strategic locations throughout the city, while maintaining the employment core in the McClellan-Palomar Airport area: ▪The active waterfront strategy will enable new development along or close to the ocean coastline, along with a new public promenade and open spaces, enabling residences, restaurants, hotels, and other uses to be close to the ocean. ▪The neighborhood-centers strategy will result in pedestrian- oriented shopping centers that are located to maximize accessibility from residential neighborhoods. Where appropriate, these centers would also include high and medium density housing surrounding the retail uses or integrated in mixed-use buildings. ▪The employment strategy for the McClellan-Palomar Airport area will result in continued growth as the employment center of the city with residential uses in appropriate locations, enabling workers to live close to jobs. 2-10 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Coastal access and trail along the railroad corridor. Beach Access and Activity The ocean and the beaches are some of Carlsbad’s principal physical assets, giving the city its identity, and providing opportunities for recreation and scenic vistas from streets and buildings. Connections between the built form and the city’s beaches and long coastline suggest a slower pace of life, projecting a “village by the sea” character that community members relish. However, the beach is difficult to access—in the Village, access to the beach is limited and often found along narrow stairways between residences that front the beach; connection from the Barrio to the beach is cutoff by the railroad tracks. From other neighborhoods east of I-5, accessing the beach can require circuitous travel along the limited number of east-west connections. The waterfront also lacks activities and uses, such as restaurants, cafés, stores, entertainment, and visitor uses that would serve as a draw and enhance the community’s enjoyment of the city’s waterfront location. Through the Envision Carlsbad process, the community expressed an over- whelming preference for an active waterfront development strategy, which provides opportunities for activities and uses to be more integrated with the ocean. Implementation of the General Plan will ensure that residents and visitors will enjoy more opportunities for dining, shopping, and recreating along the coastline. Access to the beach will be enhanced through new pedestrian and bicycle connections, additional visitor commercial uses, open space, parking, and amenities such as showers and bathrooms. Community Connectedness Despite its geographic size, Carlsbad has a small town feel and is family-ori- ented, progressive, multi-generational, and stable. Residents share a community spirit and culture of volunteerism and philanthropy, making relationships one of the most valuable aspects about the Carlsbad community. Community members value the cultural acceptance and diversity in the city, and the way old and new lifestyles come together. The majority of Carlsbad’s employment, shopping and visitor facilities are only accessible by car, which precludes walking or bicycling to nearby services and amenities—a common small-town quality. In general, the city’s past land use policies have favored these larger, car-oriented shopping centers over smaller, neighborhood-serving commercial uses. This General Plan seeks to establish a physically more knitted community, which in turn would foster social connections. Walkability and Accessibility Community input during the Envision Carlsbad process emphasized the desire for enhanced walkability in the city by providing services and amenities closer to where people live, by providing more walking routes and by making existing routes safer and more appealing. 2-11 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Pedestrian-attracting land uses include the Village commercial areas and the coastline. Particularly in older neighborhoods such as the Village and Barrio, community members walk to services, to and from school, utilizing the grid network of streets and sidewalks. While some new neighborhoods, such as Bressi Ranch, have been designed from the ground up with pedestrian- oriented neighborhood centers and a gridded street network, walkability remains a challenge in much of the rest of the city because of the dispersed, low-density development pattern that emphasizes separation of uses, and widely spaced streets. In the residential neighborhoods nestled in hillsides, walkability is more challenging, with hilly topography, fewer routes and longer distances to cover. This General Plan promotes a multilayered strategy to promote walkability and accessibility: ▪A greater mix and integration of uses in different parts of the community. ▪Designation of commercial centers —with residential uses allowed on or near these sites—to provide essential commercial services closer to residents. ▪New and enhanced pedestrian orientation between neighborhoods and between new shopping centers and adjacent neighborhoods, with development designed to foster greater pedestrian convenience and comfort. 2-12 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2.4 Land Use Designations and Density/Intensity Standards Land Use Designations The following descriptions apply to land use designations shown with color, shade, or symbol on Figure 2-1 Land Use. The designations in this section represent adopted city policy. They are meant to be broad enough to give the city flexibility in implementing the General Plan, but clear enough to provide sufficient direction regarding the expected type, location and relation of land uses planned in the city. The City’s Zoning Ordinance contains more detailed provisions and standards. More than one zoning district may be consistent with a single General Plan land use designation. As specified in the Zoning Ordinance, all land use designations may include public facilities, such as community centers, city libraries, and parks and open spaces. Residential Residential land use designations are established to provide for development of a full range of housing types. Densities are stated as number of dwelling units per net acre of developable land—that is, parcel area exclusive of area subject to development constraints, as described later in this section. Residential development is required to be within the density range (both maximum and minimum) specified in the applicable designation, unless otherwise stated in this element. Growth management policies, as specified in this element, and development standards established in the Zoning Ordinance may limit attainment of maximum densities. Residential density shall not include accessory dwelling units permitted by the Zoning Ordinance. Residential density is applied to overall parcel area, excluding land that is undevelopable (as described later in this section) and, in mixed-use developments, excluding area devoted to non-residential uses; clustering is permitted in all residential designations to encourage open space conservation and preservation of natural topography; this may result in portions of a site developed at a density higher than the applicable density range, which is acceptable as long as the density for the overall net development site is not exceeded. Allowable residential densities are shown in Table 2–3. For some residential designations, housing types are specified in addition to density; in such cases development should be of the specified type. Regardless, if clustering is used to enhance open space conservation or reduce the need for grading, the city may permit housing types other than those specified, subject to specific review requirements. 2-13 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n New single-family and multi- family housing development in Carlsbad. R-1.5 Residential Areas intended to be developed with detached single-family dwellings on parcels one-half acre or larger, at a density between 0 to 1.5 dwelling units per acre. The typical housing type will be detached single-family (one dwelling per lot); however, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development may be clustered on smaller lots and may consist of more than one detached single-family dwelling on a lot, two-family dwellings (two attached dwellings, including one unit above the other) or multi-family dwellings (three or more attached dwellings), subject to specific review and community design requirements. R-4 Residential Areas intended to be developed with detached single-family dwellings at a density between 0 to 4 dwelling units per acre. The typical housing type will be detached single-family (one dwelling per lot); however, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development may be clustered on smaller lots and may consist of more than one detached single-family dwelling on a lot, two-family dwellings (two attached dwellings, including one unit above the other) or multi-family dwellings (three or more attached dwellings), subject to specific review and community design requirements. R-8 Residential Areas intended to be developed with housing at a density between 4 to 8 dwelling units per acre. Housing types may include detached single-family dwellings (one or more dwellings per lot), two-family dwellings (two attached dwellings, including one unit above the other) and multi-family dwellings (three or more attached dwellings). R-15 Residential Areas intended to be developed with housing at a density between 11.5 to 15 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the oth er) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted on small lots or when developed as two or more units on one lot, subject to specific review and community design requirements. R-23 Residential Areas intended to be developed with housing at a density between 19 to 23 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the other) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted when developed as two or more units on one lot, subject to specific review and community design requirements. 2-14 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Village mixed uses, and commercial center with outdoor dining. R-30 Residential Areas intended to be developed with housing at a density between 26.5 to 30 dwelling units per acre. Housing types may include two-family dwellings (two attached dwellings, including one unit above the other) and multi- family dwellings (three or more attached dwellings); detached single- family dwellings may be permitted when developed as two or more units on one lot, subject to specific review and community design requirements. R-35 Residential Areas intended to be developed with housing at a density between 32.5 to 35 dwelling units per acre. Housing types may include multi-family dwellings (three or more attached dwellings), which are typical of high density housing. Detached single-family dwellings are not permitted. R-40 Residential Areas intended to be developed with housing at a density between 37.5 to 40 dwelling units per acre. Housing types may include multi-family dwellings (three or more attached dwellings), which are typical of high density housing. Detached single-family dwellings are not permitted. Non-Residential and Mixed Use Village-Barrio (V-B) This designation applies to the heart of “old” Carlsbad, in the area sometimes also referred to as the “downtown,” as well as the adjacent Barrio neighborhood. Retail stores, offices, financial institutions, are permitted. The Village and Barrio area is regulated by the Village and Barrio Master Plan. Local Shopping Center (L) This designation includes shopping centers with tenants that serve the daily needs of the surrounding local neighborhoods , as described in Table 2–4. Uses that are more community serving in nature, as well as mixed use (neighborhood serving commercial uses and residential dwellings), may also be allowed. General Commercial (GC) This designation includes sites that provide general commercial uses that may be neighborhood serving and/or serve a broader area of the community than local shopping centers. Sites with this designation may be developed with a stand-alone general commercial use, two or more general commercial uses, or mixed use (general commercial uses and residential dwellings), as described in Table 2–4. Pac,f,c 0 cc a r Note: This land use map was adopted as part of the General Plan Update in 2015. For the current map, please consult the Planning Division. For land use map changes proposed by the project, please see Exhibit 6 of the Jan. 30, 2024 City Council staff report. ' \ ··-···-··� --� ........ Gtyo( San Marcos Figure 2-1: Land Use Map R-1.5, Residential 0-1.5 du/ac R-4, Residential 0-4 du/ac -R.a,Residential 4a du/ac -R-15,Residential 8-15 du/ac -R-1 Sil, Residential 8-15 du/ac/Local Shopping Center -R-ISNC,Residential 8-15 du/acNisitor Commercial R-15/O, Residential 8-15 du/ac / Office -R-23,Residential 15-23 du/ac -R-30,Residential 23-30 du/ac -V,Vollage -L,L.ocal Shopping Center -GC,General Commercial -VC,Vositor Commercial VC/OS,Vositor Commercial/Open Space -R,Re� Commercial Pl, Planned Industrial Pl/0, Planned lndustriaVOffice O,Office -P,Public CF. Community Facilities -OS, Open Space -TC.Transportation Conidor "--• Coastal Zone = Highways = Major Street = = = = = Planned Street �� Railroad (;;\�'rh;J Lagoons Right ofWay .... -.. """\ l_ ____ _i City Limits Airport Influence Area � Review Area I .... .... Review Area 2 SOOACRES 100 ACRES 0.5 Hiles Source: City of Carlsbad, 2013;SANDAG, 2013: Dyett & Bhatia, 2013. 2·15 - 5J 2-16 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n Regional Commercial (R) This designation includes shopping centers with anchor and secondary tenants that are region-serving, as well as mixed use (regional commercial uses and residential dwellings), as described in Table 2–4. Visitor Commercial (VC) This designation is intended to provide sites for commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents, as described in Table 2–4. Office (O) This designation provides for a wide range of general office, medical, and other professional uses. Ancillary commercial uses are also permitted. Planned Industrial (PI) This designation is intended to provide and protect industrial lands primarily for corporate office, research and development (R&D) and manufacturing uses. Ancillary commercial uses are also permitted. Public (P) This designation is intended to provide for schools, government facilities (civic buildings, libraries, maintenance yards, police and fire stations), public/quasi-public utilities, airport sites, and other facilities that have a public/quasi-public character. Open Space (OS) This designation includes natural resource areas (e.g. habitat, nature preserves, wetlands, floodplains, beaches1, bluffs, natural steep slopes, and hillsides); areas for production of resources (e.g., agriculture, aquaculture, 1 In the Terramar Beach area, the OS designation boundary for beach frontage properties shall be the area of any existing or future open space easements; otherwise it shall be the area west of the Mean Higher High Water line (MHHW), which is 5.33 feet in elevation for the La Jolla Tide Station according to a 2008 study titled “Tide and Sea Level Study for Southern California Buena Vista Lagoon Restoration”. A visitor commercial use. 2-17 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n and water reservoirs); and recreation and aesthetic areas (e.g., parks, beaches, greenways, trails, campgrounds, golf courses, and buffers between land uses). Community Facilities This designation is intended to provide community-serving facilities, such as child-care centers, places of worship, and youth and senior citizen centers. Transportation Corridor This designation is applied to major transportation corridors such as the Interstate-5 Freeway and the North County Transit District railroad and its right-of-way. Density and Intensity Standards The General Plan establishes density and intensity standards for various locations in Carlsbad by land use type. Table 2–3 presents a summary of these standards. Density—the number of people or dwelling units in a given area—and intensity—measured as the amount of floor space in a given area—have implications in terms of community character as well as traffic generated and public facility impacts. It is a fundamental topic for land use planning, especially in a community that has limited available land and wants to preserve remaining open spaces. Allowable Density and Development Constraints Constraints due to environmental and physical factors reduce the potential for development on some sites. Potential constraints include locations within existing or proposed Habitat Management Plan (HMP) hardline conservation areas; existing or proposed HMP standards areas; 100-year flood zones; airport safety zones and noise impact areas; and areas that have steep slopes (defined as over 25 percent). Table 2–5 indicates constrained lands that are to be excluded from density calculations and/or are considered undevelopable. Open space and community facility. 2-18 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n TABLE 2–3: DENSITY AND INTENSITY STANDARDS LAND USE DESIGNATION LABEL RESIDENTIAL DENSITY RANGE (MINIMUM2 TO MAXIMUM DWELLING UNITS/ACRE) GROWTH MANAGEMENT CONTROL POINT DENSITY1 (DWELLING UNITS/ACRE) RESIDENTIAL DENSITY USED IN THE HOUSING ELEMENT2 (DWELLING UNITS/ACRE) MAXIMUM PERMITTED FAR Residential R-1.5 Residential R-1.5 0 to 1.5 1 1 – R-4 Residential R-4 0 to 4 3.2 3.2 – R-8 Residential R-8 4 to 8 6 4 – R-15 Residential R-15 11.5 to 15 11.5 11.5 – R-23 Residential R-23 19 to 23 19 19 – R-30 Residential R-30 26.5 to 30 26.5 26.5 – R-35 Residential R-35 32.5-35 32.5 32.5 – R-40 Residential R-40 37.5-40 37.5 37.5 – Village-Barrio V-B BP District: 23-30 25 23 – BC District: 8-15 11.5 8 Non-Residential and Mixed Use Local Shopping Center L 15-305 – 15 0.54 General Commercial GC 15-305 – 15 0.54 Regional Commercial R 15-305 – 15 0.54 Visitor Commercial VC 15-306 – – 0.54 Village-Barrio V-B VC, FC Districts: 28- 35 – VC, FC Districts: 28 1.23 VG, HOSP, PT Districts: 18-23 – VG, HOSP, PT Districts: 18 Office O – – – 0.6 Planned Industrial PI – – – 0.5 1 See Section 2.6 of this element for more information on Growth Management. 2 . Residential development shall not be approved below this density, except as provided for by Policy 2-P.7 of this element, and shall be no less than the minimum established for a particular property as provided for by Policy 2-P.87. 3 Combined residential and non-residential FAR. 4 Non-residential only. No separate combined residential and non-residential FAR. 5 Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage). 6 Residential dwellings may be allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage), subject to approval of a specific plan, master plan or site development plan that demonstrates the primary use of the property is visitor-serving. 2-19 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2–4: CHARACTERISTICS OF COMMERCIAL LAND USES1 TYPE OF COMMERCIAL LAND USE LOCAL SHOPPING CENTER GENERAL COMMERCIAL REGIONAL SHOPPING CENTER VISITOR COMMERCIAL REQUIRED OF ALL LOCAL SHOPPING CENTERS POSSIBLE ADDITIONAL OPTION Primary Trade Area Focus Local neighborhood Community- serving Local neighborhood and/or community- serving Regional Visitor-serving2 Anchor Tenants (examples) Provides daily goods - supermarket, grocery store, specialty market, drug store Department stores, apparel stores, specialty- goods store, home improvement store, entertainment uses Anchor and secondary tenants, if any (secondary tenants are not required), may include wholesale products, department stores, home improvement stores, offices, motels/hotels, entertainment uses, retail goods and commercial services. May be a standalone use. Full-line department stores (2 or more), factory outlet center, “power center” of several high-volume retail uses, including general merchandise, automobile sales, apparel, furniture, home furnishings, etc. Anchor and secondary tenants, if any (secondary tenants are not required), shall be a stand-alone use or a group of uses that attract and/ or serve the travel needs of visitors. Such uses may include, but are not limited to hotel/ motel, restaurant, recreation facilities, museums, travel support uses (e.g. gas station, car rental, grocery, convenience store, etc.), visitor-attracting/ serving retail, amusement parks, cinemas and other entertainment uses. Secondary Tenants (examples) Restaurants, small neighborhood serving retail and offices, personal grooming services, gas station, cleaners Retail, commercial services, public facilities (i.e. library, post office) Full range of specialty retail, restaurants, entertainment, convenience stores, service facilities, business and professional offices Mixed Use – Commercial and Residential (optional) N/A See note 3 See note 3 See note 3 See note 3 Site Size (acres) 8 – 20 To 30 Varies 30 – 100 Varies Gross Lease Area 60,000 – 150,000 (sq. ft.) Up to 400,000 (sq. ft.) Varies 300,000 to 1.5 million (sq. ft.) Varies Primary Trade Area Drive Time 5 – 10 minutes 10 – 20 minutes 5 – 20 minutes 20 – 30 minutes Varies Primary Trade Area Radius 1.5 miles 3 – 5 miles 3 to 5 miles 8 – 12 miles Varies Primary Trade Area Population 10,000 – 40,000 people 40,000 – 150,000 people Up to 150,000 150,000+ people Varies 1 This table provides the typical characteristics of commercial land uses and is intended to be utilized as a general guideline when implementing the General Plan. 2 Primary use of the property must be visitor-serving. 3 Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage). 2-20 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n TABLE 2–5: LANDS EXCLUDED FROM DENSITY CALCULATIONS AND/OR CONSIDERED UNDEVELOPED LAND TYPE EXCLUDED FROM DENSITY CALCULATIONS UNDEVELOPABLE1 Beaches X X Permanent bodies of water X X Floodways X X Fifty percent of natural slopes with an inclination between 25 percent and 40 percent X Natural slopes with an inclination greater than 40 percent X X Significant wetlands X X Significant riparian or woodland habitats X X Land subject to major power transmission easements X X Railroad track beds X X Land upon which other significant environmental features are located, as determined by the environmental review process for a project X2 Habitat preserve areas as identified in the city’s Habitat Management Plan X2 1. No residential development shall occur on these lands; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. 2. Consistent with Policy 2-P.11, in instances where a property owner is preserving open space for purposes of environmental enhancement, complying with the city’s Habitat Management Plan ’s Habitat Management Plan, or otherwise leaving developable property in its natural condition, the density/development potential of the property being left in open space or and used on the remainder space shall be reserved for an used on the remainder of the project site or, through an agreement with the city, may be transferred to another property. Slope and habitat are two of several constraints that reduce development potential on many sites. 2-21 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.5 uildout and Jobs/Housing Balance Potential Buildout With the city approaching “built out” and the preservation of open space a priority, undeveloped land available for development is limited. Vacant sites exist throughout the city, but many of these sites are small, irregular in shape, or otherwise constrained due to natural or physical features (such as steep slope) that render development difficult. Therefore, much of the city’s future development will come from expanded development on sites with existing structures or redevelopment of sites and structures that come to the end of their useful life over the next 25 years. Likely development under the General Plan is referred to as buildout. The General Plan has a 2035 horizon; however, the plan does not specify or anticipate when buildout will occur, as long-range demographic and economic trends are difficult to predict. The designation of a site for a certain use also does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development will depend on property owner initiative. Table 2–6 shows potential development resulting from application of land uses shown on the Land Use Map on vacant and underutilized sites, according to analysis undertaken for this General Plan. This includes pipeline development—that is, development already permitted but not yet built. Table 2–7 shows existing and total development by broad categories. As shown in the tables, the Land Use Map provides for 56,336 dwelling units at buildout of the General Plan (see Section 1.4 of the General Plan Introduction), which is an increase of 19.85 percent (9,333 dwelling units) compared to the existing inventory of 47,003 dwelling units (as of 2023). Commercial, industrial, and hotel development is projected to increase in higher or lower proportions (29 percent, 6 percent, and 37 percent respectively), while office development is expected to increase more modestly (13 percent); at buildout, Carlsbad is projected to have approximately 6.0 million square feet of commercial space, 6.4 million square feet of office space, 19.2 million square feet of industrial space, and 6,962 hotel rooms. Buildout Population Between 2010 and 2020, Carlsbad’s population increased by 9,418, at an average annual growth rate of 0.89 percent, while the county as a whole grew at a rate of 0.9 percent. At buildout, Carlsbad’s population is projected to increase from 2020 by approximately 26,924 to 141,219, for an average annual growth rate of 1.5 percent. Table 2–8 shows Carlsbad’s 2010 and 2020 populations according to the US Census and estimated buildout population. With the county growing at a somewhat slower pace, Carlsbad’s 2-22 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n share of county population is expected to increase slightly, from 3.5 percent in 2020 to 3.9 percent at buildout. TABLE 2–6: ESTIMATED NEW DEVELOPMENT BY QUADRANT (TO BUILDOUT1) RESIDENTIAL (DWELLING UNITS)2 COMMERCIAL (SQ FT) OFFICE (SQ FT) INDUSTRIAL (SQ FT) HOTEL ROOMS Northwest 4,297 786,633 84,880 300,021 1,020 Northeast 2,140 161,600 410,700 517,586 – Southwest 2,113 413,215 240,045 288,800 795 Southeast 783 44,882 11,800 108,017 80 TOTAL 9,333 1,406,330 747,425 1,214,424 1,895 1. The dwelling unit and building area numbers in this table are estimates; site/project specific analysis will determine the actual development potential of individual project sites. 2. Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management described in Section 2.6. Source: City of Carlsbad, 2023 TABLE 2–7: ESTIMATED TOTAL DEVELOPMENT RESIDENTIAL (DWELLING UNITS)1 COMMERCIAL (SQ FT) OFFICE (SQ FT) INDUSTRIAL (SQ FT) HOTEL ROOMS Existing Development 47,003 4,569,634 5,653,775 18,059,521 5,067 New Development 9,333 1,406,330 747,425 1,214,424 1,895 TOTAL FUTURE BUILDOUT ESTIMATE 56,336 5,975,964 6,401,200 19,273,945 6,962 1 Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management described in Section 2.6. Sources: City of Carlsbad, 2023. Jobs-Housing Balance Jobs-housing balance refers to the condition in which a single community offers an equal supply of jobs and housing, which theoretically would reduce the need for people to commute in or out of town for work. In reality, the match of education, skills and interests is not always accommodated within the boundaries of one community. Still, a jobs-housing balance and matching workforce needs to availability of housing types and prices can discourage commute travel. To measure a community’s jobs-housing balance, it is typical to look at employed residents rather than housing units. A jobs to employed residents ratio of 1.0 would indicate parity between jobs and housing, although because of regional inter-dependencies, inter-city commuting will still result. 2-23 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Table 2–9 shows existing and projected jobs to employed residents ratio for Carlsbad. Precise information on the current ratio is difficult to firmly establish, as SANDAG estimates and projects a “jobs to housing” ratio rather than jobs to employed residents ratio. However, using SANDAG’s 2020 estimate of jobs in Carlsbad and US Census 2020 data, Carlsbad’s jobs to employed residents ratio in 2019-2020 was about 1.25. Based on development projected under the General Plan, this ratio is expected to be relatively constant increasing very slightly to 1.40, without accounting for aging population. Regional projections indicate that San Diego’s population between ages 15 and 69 is expected to decline from 73 percent presently to 67 percent in 2035. If the same proportionate change in employed residents were to result then the jobs to employed residents ratio would increase to 1.51. TABLE 2–8: ESTIMATED BUILDOUT POPULATION1 2010 2020 2020 SHARE OF COUNTY ANNUAL GROWTH RATE 2035 BUILDOUT POPULATION SHARE OF COUNTY ANNUAL GROWTH RATE Carlsbad 105,328 114,746 3.5% .89% 141,219 3.9% 1.5% San Diego County 3,095,313 3,287,306 100% 0.9% 3,640,255 100% 0.7% 1 See Section 1.4 of the General Plan Introduction for information regarding buildout assumptions. Sources: US Census, 2010; and 2020; SANDAG 2050 Regional Growth Forecast; City of Carlsbad, 2023 TABLE 2–9: JOBS/EMPLOYED RESIDENTS’ BALANCE ESTIMATED 2020 BUILDOUT BUILDOUT WITH LABOR FORCE PARTICIPATION DECLINE WITH AGING POPULATION Jobs 70,228 103,979 103,979 Employed Residents 55,983 78,180 72,713 Jobs/Employed Residents 1.25 1.40 1.51 Sources SANDAG 2050 Regional Growth Forecast. 2035 jobs and employed residents projected by SANDAG, 2023. 2-24 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n 2.6 Growth Management In the mid-1980s, the city was experiencing an era of rapid growth, which raised community concerns about how growth would affect quality of life— the community’s “small town” identity, open space, natural habitat, and the adequacy of public facilities to serve new growth. In July 1986, to address these concerns, the city adopted the Growth Management Plan, which was ratified by voter approval of Proposition E in November 1986. The Growth Management Plan requires adequate public facilities be provided concurrent with new growth. To ensure this, the Growth Management Plan identifies performance standards for 11 public facilities –city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection, and water distribution. The facility performance standards were based on the city’s residential dwelling unit capacity (existing and future units), which in 1986 was estimated to be 54,599 dwelling units. Through Proposition E, voters limited the number of dwelling units in the city to the 54,599 dwelling unit estimate. As shown in Table 2-10, Proposition E established a maximum number of dwelling units that could be built after November 4, 1986 in each of the city’s four quadrants, which are located along El Camino Real and Palomar Airport Road. Pursuant to state law and city regulations, accessory dwelling units and commercial living units are not counted as dwellings for the purposes of Growth Management. California Government Code Section 65852.2 states that accessory dwelling units shall not be considered in the application of any local ordinance, policy or program that limits residential growth. In regard to commercial living units (e.g., professional care facilities, hotels and time- shares), Carlsbad Municipal Code Section 21.04.093 states that such units are not considered dwelling units due to the assistance/services provided in conjunction with the living unit and/or the use of the living unit for temporary lodging. In addition, pursuant to the city’s Citywide Facilities and Improvements Plan, hotels and time-share units that are not defined as a dwelling unit in the building code are not counted as dwelling units for purposes of Growth Management. Compliance with the Growth Management Plan occurs through the Citywide Facilities and Improvements Plan, which identifies the performance standards for each of the 11 public facilities, divides the city into 25 local facility management zones (LFMZ) and identifies the city’s ultimate public facility needs. A local facilities management plan identifies the public facility needs for each LFMZ. Individual development projects must comply with the Citywide Facilities and Improvement Plan and the applicable local facilities management plan, which ensures that adequate public facilities are provided concurrent with development. 2-25 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n TABLE 2-10: PROPOSITION E - GROWTH MANAGEMENT QUADRANT ESTIMATED EXISTING UNITS IN NOV. 1986 PROP. E MAX. UNITS ALLOWED AFTER NOV. 4, 1986 GROWTH MANAGEMENT DWELLING UNIT CAP ESTIMATE1 Northwest 9,526 5,844 15,370 Northeast 2,876 6,166 9,042 Southwest 2,192 10,677 12,859 Southeast 6,527 10,801 17,328 CITYWIDE 21,121 33,478 54,599 1 Excludes accessory dwelling units and commercial living units, which are not counted for purposes of the city’s Growth Management dwelling unit limitations, as described above. Density Control Points To manage compliance with Growth Management dwelling unit limitations, the City Council established Growth Management Control Point (GMCP) densities for all residential land use designations in the city (for example, for the R-4 land use designation, the GMCP density is 3.2 dwelling units per acre). While the city cannot enforce Growth Management dwelling unit limitations due to changes in state law as explained below, GMCP densities help the city reasonably estimate potential dwelling unit yields for purposes of determining the future public facility needs created by new developments.. Changes in Laws that Affect Growth Management The state of California has declared a housing crisis in the state and passed several new laws designed to make it easier to build housing, largely by reducing local cities’ control over the approval process. In 2017 the California Legislature passed SB 166, known as the No Net Loss Law, which requires local jurisdictions to ensure that their Housing Element inventories can accommodate, at all times throughout the housing element planning period, their remaining unmet share of the regional housing need. In 2019, the legislature passed SB 330, the Housing Crisis Act of 2019, which prohibits local jurisdictions from imposing moratoriums and caps or limits on housing development. This extends to using the Growth Management residential housing caps or other limits to regulate the number of housing units built within a jurisdiction. As a result of the housing laws noted above, in 2020 and 2021, the Carlsbad City Council adopted resolutions 2020-104 and 2021-074 finding that the Growth Management housing caps and any moratoriums new housing are unenforceable due to the new state laws. 2-26 City of Carlsbad 2 La n d U s e & Co m m u n i t y D e s i g n 2.7 Special Planning Considerations In several areas of the city, special planning considerations and/or objectives apply. Section 2.9 contains goals and policies that address the areas described below: Coastal Zone Planning The California Coastal Act regulates all development within the state- designated Coastal Zone. The zone extends through the length of the city, and covers approximately one-third of the city’s land area, as shown in Figure 2-2. The Coastal Act requires that individual jurisdictions adopt local coastal programs (LCP) to implement the Coastal Act. Carlsbad’s LCP consists of a separate land use plan document containing separate land use policies and an implementation plan, which primarily consists of the city’s Zoning Ordinance, as well as portions of the Grading and Drainage Ordinance and Building Codes and Regulations that are applicable to storm water management and grading; master and specific plans applicable to areas in the Coastal Zone are also part of the LCP Implementation plan. Development in the Coastal Zone must comply with the LCP in addition to the General Plan. The city’s LCP Land Use Plan will be updated consistent with this General Plan. However, to take effect, the LCP must be certified by the Coastal Commission as well as adopted by the city. Until such time that this occurs, the existing (as of 201 3) LCP must be adhered to. Although the LCP covers all of Carlsbad’s Coastal Zone, the Coastal Commission retains coastal development permit authority within its original permit jurisdiction and deferred certification areas. Carlsbad continues to pursue LCP certification in the deferred certification areas in order to transfer permit authority to the city and streamline development approval. Within the Coastal Zone, no discretionary permit shall be issued by the city unless found to be consistent with the General Plan and the LCP. In the event of conflict between the provisions of the General Plan and LCP Land Use Plan, the terms of the LCP Land Use Plan shall prevail. Habitat Management Plan (HMP) For more information on the HMP, see the Open Space, Conservation and Recreation Element. The City of Carlsbad and six other cities in northern San Diego County participated in the preparation of the Multiple Habitat Conservation Program (MHCP), which was adopted and certified by the San Diego Association of Governments (SANDAG) Board of Directors in March 2003. 2-27 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The City of Carlsbad prepared a subarea plan as a part of the MHCP, called the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) that was adopted by the City Council in November 2004. OCEANSIDE SAN MARCOS ENCINITAS 78 City of Oceanside M E L R O S E D R A L G A R D RAN C H O SANTA FE RD L A C O S T A AVE E L C A M I N O R E A L LA CO STA AVE S A N DI E G O N O R T H ER N R R C A R L S B A D B LV D P O I N S E T TI A LN PALOMA R A I R P O RT RD CAMIN O VIDA R O BLE AVIARA PK W Y P O I N S E T T IA LN P A LOMAR AIRPORT R D F ARAD AY AVE EL CAMINO REAL CA N N O N R DTAMARACKAVE E L C A MI N O R E A L T A M ARACKAVE C O L L E G E B L V D M A R RON R D C A R LS B A D VILLAGE D R CANNON RD C A R L S B A D B L V D 78City of Oceanside City of Vista City of San Marcos City of Encinitas Bati q u it os Lago o n MCCLELLAN-PALOMARAIRPORT Agua Hedionda Lagoon Buena Vista Lagoon Calavera Lake MaerkleReservoir P a c i f i c O c e a n 4 1 2 3 5 5 2 4 2 3 34 3 Barrio Village Cannon Road Open Space, Farming & Public Use Corridor Carlsbad Boulevard/ Agua Hedionda Center Palomar Corridor Ponto/Southern Waterfront Murphy Figure 2-2: Special Planning Considerations Highways Major Street Planned Street Railroad City Limits 0 1 20.5 Miles Source: City of Carlsbad, 2013; SANDAG, 2013; Dyett & Bhatia, 2013. Carlsbad Coastal Zone Areas Subject to the HMP 500 ACRES 100 ACRES Airport Influence Area Review Area 1 Review Area 2 Airport Safety Zones (1-5) North County PlazaNorth County Plaza The Shoppes at Carlsbad The Shoppes at Carlsbad Carlsbad Village Carlsbad Village Coaster StationCoaster Station Poinsettia Poinsettia Coaster StationCoaster Station .... ...... ... ~:-·:·~:·:~·:·· I / / ···-···-··•-" ••••••• • • • • ••••••• )E IE IE D r------. : i L_ _____ _ Sunny Creek Residential 2-29 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The HMP outlines specific conservation, management, facility siting, land use, and other measures that the city will take to preserve the diversity of habitat and protect sensitive biological resources in the city while also allowing for additional development and growth as anticipated under the city’s General Plan. As part of the HMP, a total of 6,478 acres of land within the city’s jurisdictional boundaries is to be conserved for habitats and an additional 308 acres of habitat is to be conserved for the coastal California gnatcatcher outside of the city’s jurisdiction. McClellan-Palomar Airport For more on transportation issues related to the airport, see the Mobility Element; for noise policies related to the airport, see the Noise Element; for safety policies related to the airport, see the Public Safety Element. McClellan-Palomar Airport was built in 1959 atop the mesa just south of the Agua Hedionda valley and lagoon. Oriented to take advantage of the on- shore winds, the runway lies on an east-west axis. The associated glide path, crash hazard, and noise impact areas around the airport significantly influence the type and intensity of development across the entire central area of the city. This area of influence extends generally in a broad band east and west of the runway, and, to a lesser degree, north and south of the airport. For reasons of health and safety, residential development and most institutional land uses (hospitals, schools, etc.) must be limited in this area of airport influence. The McClellan-Palomar Airport is owned by the County of San Diego, covering an area of about 470 acres, located in the geographic center of Carlsbad. In 2008, the airport had 192,960 aircraft operations, or an average of 529 per day. A new $24 million airline terminal was opened in 2009. Airport Land Use Compatibility California law requires preparation of airport land use compatibility plans for all public-use airports, to promote compatibility between airports and the surrounding land uses. For McClellan-Palomar Airport, the San Diego County Regional Airport Authority Airport Land Use Commission has prepared and adopted the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). State law requires Carlsbad’s General Plan to be consistent with the adopted ALUCP. If the City Council chooses to overrule a finding of the Airport Land Use Commission as stated in the ALUCP, it may do so by a two-thirds vote if it makes specific findings that the General Plan is consistent with the intent of state airport land use planning statutes. The General Plan is consistent with the ALUCP. To limit noise impacts on noise sensitive land uses, the General Plan retains areas surrounding the 2-30 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n airport principally for industrial and supporting commercial development, while sites have been identified as appropriate for residential and general commercial use. Airport compatibility and safety is addressed in greater detail in Section 6-5 of the Public Safety Element. The Cannon Road Open Space, Farming and Public Use Corridor In 2006, Carlsbad voters approved “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money.” The area affected by Proposition D is referred to as the Cannon Road Open Space, Farming and Public Use Corridor and is located along Cannon Road east of Interstate 5, as shown on Figure 2-2. Lands within the corridor currently consist primarily of open space and existing farming operations including the Flower Fields located to the south of Cannon Road and the existing strawberry fields located to the north of Cannon Road; approximately 49 acres of the existing strawberry fields located adjacent to the east side of Interstate 5 are not within the corridor and are not subject to Proposition D. The open space areas within the corridor on the north side of Cannon Road provide spectacular views of the Agua Hedionda Lagoon and contain environmentally-sensitive natural habitat areas that need to be permanently protected. The existing flower fields and the strawberry fields as open space uses provide for productive use of portions of the corridor area that enhance the cultural heritage and history of the city. Although the flower fields are already protected and restricted to agricultural use, Proposition D requires the city to utilize all existing programs and land use protections and explore other possible new mechanisms to keep the flower fields in production. Proposition D also requires the city to ensure that other farming uses within the corridor, such as a portion of the existing strawberry fields, are allowed to continue as long as it is economically viable for the landowner to do so. 2-31 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n The area within the corridor is recognized for its significant open space opportunities; however, the area currently lacks adequate public access and public use areas so that the community can enjoy the open space opportunities provided in this area to their fullest potential. Proposition D identified that an interconnecting public trail through the area preferably linking the south shore of Agua Hedionda Lagoon with the existing flower fields could greatly enhance public access in the area. Proposition D also identified that park and recreation uses that allow public gathering spaces and are compatible with other open space uses could offer opportunities for more community use and enjoyment of the area. Pursuant to Proposition D, residential use is not appropriate for the area within the corridor. Commercial and industrial-type uses other than those normally associated with farming operations are also not appropriate. The Cannon Road Open Space, Farming and Public Use Corridor presents a unique opportunity for the city to create a sustainable, community-oriented open space area that balances social, economic and environmental values important to the community. Following voter approval of Proposition D, the City Council adopted the Cannon Road Agricultural and Open Space Zone to implement the proposi- tion. The zone was approved by the California Coastal Commission but only for the affected parcels south of Cannon Road. Village Carlsbad Village—the community’s downtown—is the oldest and the most walkable neighborhood in the city. The Village is home to the majority of Carlsbad’s historic and cultural resources, including the Carlsbad Theatre, Old Santa Fe Train Depot, Army and Navy Academy and multiple historic structures. The Village has evolved into an eclectic neighborhood rich with character and diversity – both in its physical landscape and in its varied activities and land uses. It has great bones – a walkable street grid, location adjacent to the ocean, a bus and rail transit center, and mix of old and new buildings. The Village should be Carlsbad’s ideal choice for residents looking for a more urban, walkable, transit-connected lifestyle, and for visitors seeking a contrasting experience to hiking along the lagoons, surfing, or golfing. Many sites in the Village are developed at a low intensity and designed to meet the needs of a car-oriented lifestyle, not in keeping with the vibrant, active, pedestrian-oriented core that many would like to see as defining the Village experience. As the Village continues to evolve, it will be important to redevelop and strategically focus improvements in the neighborhood to best express the city’s small-town beach-community lifestyle, take advantage of key opportunities to connect to transit, the ocean, and the Barrio neighborhood to the south, and add new residents and life into downtown Carlsbad. 2-32 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Village and Barrio Master Plan, adopted in 2018, provides a vision and guidance for design, land use, and redevelopment, and includes development standards and design guidelines. There are additional opportunities to expand on key elements like public art and identity through a signage and way-finding scheme as well as an expanded public arts program. Barrio The roughly 150-acre Barrio neighborhood is situated on the northwestern portion of the city, just south of the Village. Established in the 1920s, the Barrio neighborhood first served as a residential enclave for new immigrants supporting the agriculture economy of the city. Today, the Barrio reflects elements of its past in its many cultural markers and historic buildings, as well as in its long-time residents and cohesive community. Land use in the Barrio neighborhood is primarily residential, with a wide range of housing types, from single-family and two-family dwellings on small lots within the center of the neighborhood along Roosevelt and Madison streets to higher density multi-family residential development located around the neighborhood’s perimeter west of Interstate 5 and east of the railroad tracks. Other uses in the Barrio include public, institutional, recreation and limited commercial uses. One of the key community assets in the Barrio is the new Pine Avenue Park and Chase Field, as well as the adjacent City of Carlsbad Senior Center. In 2013, the allowed residential densities in the Barrio were increased. The primary objective of the density increase was to encourage redevelopment (primarily around the perimeter of the neighborhood) while protecting the single-family/duplex character of the center of the neighborhood. In 2018, the Village and Barrio Master Plan was adopted to provide a vision, standards and guidelines for both the Village and Barrio. The master plan recognizes the neighborhood’s walkable, residential character, its history and cultural resources, and its objectives for calming traffic and increasing connections with the Village and beach. It will be important that future improvements are sensitive to these characteristics and objectives. Carlsbad Boulevard/Agua Hedionda Center This area formerly contained the Encina Power Station (EPS), whose 400- foot exhaust stack and 965 megawatt power plant had been a landmark near the edge of Agua Hedionda Lagoon and the ocean since the mid-1950s. Pursuant to a settlement agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E), the EPS was decommissioned in 2018 and demolished in 2022. The General Plan envisions redevelopment of the EPS, as well as the adjacent SDG&E North Coast Service Center, with visitor-serving commercial and open space uses to provide residents and 2-33 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n visitors enhanced opportunities for coastal access and services, reflecting the California Coastal Act’s goal of “maximizing public access to the coast.” East of the former EPS, between the railroad tracks and I-5 freeway, a new, approximately 500 megawatt facility, the Carlsbad Energy Center, completed construction in 2018, utilizing peaker-plant technology (rather than as a base load or combined-cycle facility). Compared to the former plant, the new power plant features a lower profile and has less impact on the environment by being constructed away from the coastline and partially below grade, and by utilizing current peaker-plant technology that significantly reduces its visual profile, hours of operation, noise, air pollutant and greenhouse gas emissions, and eliminates the use of ocean water for cooling. A portion of the area west of the railroad tracks contains the Claude “Bud” Lewis Carlsbad Desalination Plant. The desalination project was completed in 2015 and provides a portion of the city’s potable water needs. Also, SDG&E operates the Encina substation on approximately 10 acres of the EPS site west of the railroad tracks. The substation is expected to continue in operation for the foreseeable future. Former Encina Power Station along Carlsbad Blvd. 2-34 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Shoppes at Carlsbad Commercial Area The principal opportunity in this area is The Shoppes at Carlsbad mall, a 90- acre enclosed regional shopping mall, surrounded by surface parking lots owned by the city. The mall was redeveloped in 2014-2015. As part of the 2021-2029 Housing Element update, the mall parking lots were identified as a city-controlled opportunity site that could be redeveloped to accommodate a portion of the city’s share of the Regional Housing Needs Allocation (RHNA). The site has been identified to provide a minimum 993 housing units across the five parking lot parcels. Programs in the Housing Element call for the city to work closely with the owner of the Shoppes on redevelopment of the site to a mixed-use format center that includes a “high level of affordable housing (at least 20% of residential units).” On March 14, 2023, the City Council designated a city staff team as responsible for exploring options for potential use of the city-owned parking lot properties, including complying with the state Surplus Land Act and working with representatives of the mall property owner or other parties identified through the Surplus Land Act toward the lease or sale of the properties. To facilitate future mixed-used, mixed-income development, a combination of Regional Commercial and residential land use designations (R-23 and R- 40)are applied to the parking lot parcels. The Regional Commercial designation requires regionally oriented retail uses, but also permits housing in a mixed-use setting. The R-23 and R-40 designations allow for higher density residential uses. Site details, including number of units, will be determined following submittal of development plans to the city and subject to minimum density requirements. North County Plaza East and west of the mall are locally-serving shopping centers and a cluster of offices; these may receive potential upgrading and reinvestment by property owners; for example, the shopping center to the west, North County Plaza, has been identified for potential mixed-use through the proposed addition of housing. Based on a project submitted, it is anticipated the site could redevelop with a minimum 240 units while maintaining commercial uses. Sunny Creek ResidentialTwo parcels at and near the northwest corner of El Camino Real and the future extension of College Boulevard. The larger of the two parcels, vacant and approximately 17.8 acres, borders both El Camino Real and College Boulevard and was identified during the 2021-2029 Housing Element Update as providing up to 327 housing units, with most of those units (212) resulting from a minimum eight acres of the site designated R-30 (26.5 - 30 dwelling units per acre). The remainder of the site is designated R-15 with a minimum density of 12 dwelling units per acre. The actual number of units that may be approved on the parcel under the R-30 and R-15 designations Sunny Creek Residential 2-35 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n will be determined following submittal of development plans to the city, subject to meeting the R-15 and R-30 minimum density requirements. The other, smaller parcel, located adjacent and to the northeast, is just under 10 acres and was the site of a former equestrian center. The portion of the property along Agua Hedionda Creek is designated Open Space. The remaining approximately six acres is designated R-30. Development of this smaller parcel is first dependent on the need to address flood constraints that are applicable to it. Palomar Corridor This area is the employment core of Carlsbad and one of north San Diego County’s key employment centers, with a variety of industrial, research and development, and office uses, along with hotels and commercial uses. It also contains the McClellan-Palomar Airport and LEGOLAND amusement park. The General Plan maintains the industrial/research and development primacy of the area. While office, medical office, and residential uses would be desirable in the area to provide use diversity, their location in the corridor is challenged by airport noise and safety considerations, and the presence of several establishments authorized to use hazardous chemicals as part of regular business operations; the General Plan provides land use designations where these uses could be accommodated in selected locations. Ponto/Southern Waterfront This area has a scenic setting, with a 3.5-mile frontage north of Batiquitos Lagoon along the Pacific Ocean. In the northern portion of the area, a hotel and residential uses—mostly small single-family homes—line the east side of Carlsbad Boulevard. The largest development opportunity is in between Batiquitos Lagoon and Ponto Road, where the General Plan contemplates a mix of hotels, other commercial uses and residential uses, consistent with the Ponto Beachfront Village Vision Plan. The General Plan also contemplates smaller eating and drinking establishments along Carlsbad Boulevard as opportunities arise, to provide oceanfront dining. The southbound portion of Carlsbad Boulevard is proposed to be realigned with a shift to the east, providing opportunity for a linear park/promenade along Carlsbad Boulevard, which is already popular with walkers, joggers, and bicyclists. The street realignment project may also provide additional park and gathering opportunities along the ocean. 2-36 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Murphy This area consists of three parcels totaling approximately 36 acres located north of Batiquitos Lagoon and east of Batiquitos Drive; the northern parcel is designated for low to medium density (0-4 dwelling units per acre) residential uses and open space, and the southern parcel is designated for medium density (4-6 dwelling units per acre) residential uses and open space; the General Plan envisions that the overall potential residential density of the site will be clustered to provide an open space buffer between development and the lagoon. Poinsettia and Village Coaster Stations These transit centers are key mobility hubs providing access to Coaster train and Breeze bus services. The centers play a local and regional role, serving city residents by providing access to jobs and shopping destinations, and providing tourists and regional visitors access to Carlsbad attractions. Both the Poinsettia and Village Coaster Stations are owned by the North County Transit District (NCTD). Both stations are opportunity sites to help accommodate a portion of the city’s share of the Regional Housing Needs Allocation (RHNA). NCTD is considering redevelopment of both Coaster stations with non-transit uses, including residential, which will enhance their transit functions as well. On Jan. 19, 2023, the NCTD Board of Directors voted in favor of entering into Exclusive Negotiation Agreements with private developers for both Coaster stations. A Housing Element policy and program call for the city to support and work collaboratively with NCTD on its Village Coaster Station redevelopment efforts to include a mix of market rate and a “high level” of affordable units adjacent to transit services. Following submittal of any development plans to the city, project details regarding site layout, design, number of residential units and any other non-transit-oriented uses will be determined. Poinsettia Station consists of two parcels totaling 5.83 acres located south and west of Avenida Encinas, west of Embarcadero Lane. While the transit center is the main use, both parcels are also designated for high density residential uses. As part of the 2021-2029 Housing Element update, a portion of the Poinsettia Station site was identified as a location that could provide up to 27 housing units. The Carlsbad Village Station consists of two parcels totaling 7.75 acres located north of Grand Avenue, between State Street and Washington Street. While the transit center is the main use, both parcels are zoned Village-Barrio (V-B) and are part of the Village Center District (VC)governed by the Village-Barrio Master Plan. The Village Center District encompasses the core of the Village and includes a mix of commercial, attached residential that is high density (28-35 dwelling units per acre) in nature, and mixed-use building types. As part of the 2021-2029 Housing Element update, the Carlsbad Village Station site was identified as a location that could provide up to 93 housing units. 2-37 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2.8 Goals and Policies Goals Land Use 2-G.1 Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space. 2-G.2 Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and con- venient commercial services, and public support systems such as transit, parks, schools, and utilities. 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and develop- ment intensities supporting a cohesive development pattern. 2-G.4 Provide balanced neighborhoods with a variety of housing 2-G.6 Allow a range of mixed-use centers in strategic locations that 2-G.7 Ensure that neighborhood serving shopping and mixed-use 2-G.9 Accommodate a diversity of business types and density ranges to meet the diverse demographic, economic and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. 2-G.5 Protect the neighborhood atmosphere and identity of existing residential areas. maximize access to commercial services from transit and residential areas.centers include shopping as a pedestrian-oriented focus for the surrounding neighborhood, are physically integrated with the surroundings, and contain neighborhood-serving stores and small offices. Where appropriate, include in the centers high and medium density housing surrounding the retail core or integrated in mixed-use buildings. 2-G.8 Provide opportunities for continued economic growth and vitality that enhance Carlsbad’s position as a premier regional employment center. establishments in appropriately-scaled settings, including large-scaled industrial and research and development establishments proximate to the McClellan-Palomar Airport, 2-38 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n regionally-scaled shopping centers, and neighborhood-serving commercial centers with smaller-sized stores, restaurants and offices to meet shopping, recreation, and service needs of residents and visitors. 2-G.10 Promote continued growth of visitor-oriented land uses, and provide enhanced opportunities for new hotels and visitor-services in desirable locations. 2-G.11 Provide industrial lands that can accommodate a wide range of air and water pollution-free industrial establishments, including those of relatively high intensity; research and development and related uses set in campus or park-like settings; as well as moderate to low intensity establishments capable of being located adjacent to resi- dential areas with minimal buffering and attenuation measures. 2-G.12 Ensure adequate provision of community-serving facilities such as child daycare facilities, places of worship, educational institutions and schools. 2-G.13 Maintain land use compatibility between McClellan-Palomar Airport and surrounding land uses, and encourage the airport’s continued operations while ensuring it does not unduly impact existing neighborhoods and communities. 2-G.14 Participate with other cities in the county, through the San Diego Association of Governments, in working towards solution of regional issues. 2-G.15 Support agricultural uses throughout the city while planning for the transition of agriculture to other uses. Community Character, Design, and Connectedness 2-G.16 Enhance Carlsbad’s character and image as a desirable residential, beach and open-space oriented community. 2-G.17 Ensure that the scale and character of new development is appropriate to the setting and intended use. Promote development that is scaled and sited to respect the natural terrain, where hills, public realm, parks, open space, trees, and distant vistas, rather than buildings, dominate the overall landscape, while developing the Village, Barrio, and commercial and industrial areas as concentrated urban- scaled nodes. 2-G.18 Ensure that new development fosters a sense of community and is designed with the focus on residents, including children, the disabled and the elderly, by providing: safe, pedestrian-friendly, tree-lined streets; walkways to common destinations such as schools, bikeways, trails, parks and stores; r~. I 2-39 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n homes that exhibit visual diversity, pedestrian-scale and prominence to the street; central gathering places; and recreation amenities for a variety of age groups. 2-G.19 Ensure that new neighborhood commercial centers are designed for pedestrian comfort, and integrated with the surrounding neighborhoods with new streets and paths. 2-G.20 Develop an active ocean waterfront, with new growth accommo- dated west of Interstate 5, to enable residents and visitors to enjoy more opportunities for dining, shopping, and recreating along the coastline. Develop public gathering places and recreational opportunities along the coastal corridor. Growth Management 2-G.21 Ensure that adequate public facilities and services are provided in a timely manner to preserve the quality of life of residents. 2-G.22 Develop programs that correlate the projected population with the service capabilities of the city. Cannon Road Open Space, Farming and Public Use Corridor Goals 2-G.23 through 2-G.28 are in accordance with “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ Money” and are applicable only to the area within the Cannon Road Open Space, Farming and Public Use Corridor (see Figure 2-2): 2-G.23 Create a unique, community-oriented open space area along the Cannon Road corridor located immediately to the east of the Inter- state 5 freeway including the existing flower fields and strawberry fields. 2-G.24 Ensure that this area is permanently protected and preserved for open space uses. 2-G.25 Enhance the protection of the existing flower fields. 2-G.26 Allow farming operations in the area such as the existing strawberry fields and flower growing areas to continue. 2-G.27 Provide for the protection and preservation of environmental resources in the area. 2-G.28 Increase public access and use to the area primarily through the incorporation of public trails and active and passive recreation. 2-40 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n The Village 2-G.29 Maintain and enhance the Village as a center for residents and visitors with commercial, residential, dining, civic, cultural, and entertainment activities. 2-G.30 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. The Barrio 2-G.31 Promote rejuvenation of the Barrio while maintaining its walkable, residential character, and ensuring that new development enhances neighborhood quality and character. 2-G.32 Celebrate the Barrio’s history and resources, and foster development of cohesive streetscapes with strategic improvements, including plazas where feasible. Policies Land Use General 2-P.1 Maintain consistency between the General Plan and Title 21 of the Carlsbad Municipal Code (Zoning Ordinance and map). 2-P.2 Update the city’s Local Coastal Program (LCP) to be consistent with the General Plan. Work with the California Coastal Commission to gain permitting authority for all areas of the city in the Coastal Zone. 2-P.3 Permit increased non-residential and mixed-use development allowances up to limits specified in the Transportation Demand Management (TDM) Ordinance when developed, where project proponents agree to compliance with the stipulations in the TDM Ordinance. 2-P.4 When uncertainty exists regarding the precise boundary of the various land use designations identified on the Land Use Map, such boundaries shall be interpreted as follows: a.Where boundaries appear to follow the centerline of a street or highway, ownership boundary lines, or topographic features such as valleys, ridgelines, or top/bottom of bluffs/slopes then the boundaries shall be interpreted to follow the lines/features they appear to follow. 2-41 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n b.Where boundaries appear to reflect environmental and resource management considerations, boundaries shall be interpreted in a manner which is consistent with the considerations that the boundary reflects. 2-P.5 Work with SANDAG through participation in its various standing committees on regional plans and initiatives. Adopt local imple- menting policies and programs when found to be consistent with the General Plan and in the best interests of Carlsbad’s residents and businesses. Residential 2-P.6 Encourage the provision of lower and moderate-income housing to meet the objectives of the Housing Element. 2-P.7 Do not permit residential development below the minimum of the density range, except in the following circumstances and subject to the findings required by California Government Code Section 65863: a.When one single-family dwelling is constructed on a legal lot that existed as of October 28, 2004. b.When one single-family dwelling is constructed on a lot that was created by consolidating two legal nonconforming lots into one lot (this only applies to lots that are nonconforming in lot area). c.When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of the existing units. In addition, specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element are not subject to these exceptions and instead must be developed at or above the minimum of the density range. 2-P.8 Do not permit residential development to exceed the applicable Growth Management Control Point (GMCP) density unless the following findings are made: a. The project qualifies for and will receive an allocation of “excess” dwelling units, pursuant to City Council Policy No. 43. b.There have been sufficient residential projects approved at densities below the GMCP so the citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed project. 2-42 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n c.All necessary public facilities required by the Citywide Facilities and Improvements Plan will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with adopted city standards.3 2-P.9 Incentivize development of lower-income affordable housing by allowing residential development above maximum densities permitted by the General Plan, subject to an evaluation of the following: (a) the proposal’s compatibility with adjacent land uses, and (b) the project site’s proximity to a minimum of one of the following: freeway or major street; commercial center; employment opportunities; city park or open space; or commuter rail or transit center. 2-P.10 Development on slopes, when permitted, shall be designed to minimize grading and comply with the hillside development pro- visions of the Zoning Ordinance and the Carlsbad Local Coastal Program. 2-P.11 Consider density and development right transfers in instances where a property owner is preserving open space for purposes of environmental enhancement, complying with the city’s Habitat Management Plan, or otherwise leaving developable property in its natural condition. The density/development potential of the property being left in open space shall be reserved for and used on the remainder of the project site or, through an agreement with the city, may be transferred to another property. 2-P.12 Encourage residential uses mixed in conjunction with commercial development on commercially designated sites and within the Village. 2-P.13 Encourage medium to higher density residential uses located in close proximity to commercial services, employment opportunities and major transportation corridors. 2-P.14 Require new and, as appropriate, existing master planned and res- idential specific plan developments to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities, educational institutions and schools. 2-P.15 Allow the development of a two-family dwelling on all lots which legally existed and were zoned R-2 as of December 1, 1986, regard- less of the density allowed by the residential land use designation, provided the development of the dwellings complies with all 3 Note: State legislation (SB 166, and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. 2-43 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n applicable development standards in effect at the time of the development. 2-P.16 Allow residential development above the allowed maximum density on properties with an R-1.5 or R-4 land use designation when the implementing zone would permit a slightly higher dwelling unit yield than the allowed maximum density, subject to the following findings: a.The project is consistent with the intended uses of the applica- ble land use designation (R-1.5 or R-4) and other applicable goals and policies of this General Plan. b.There is sufficient infrastructure to support the project. c.The proposed density does not exceed the allowed maximum density by more than 25 percent. d.. Commercial Services 2-P.17 Locate commercial land uses as shown on the Land Use Map. Where applications for the re-designation of land to commercial land uses are submitted, these shall be accompanied by a conceptual devel- opment plan of the site and a market study that demonstrates the economic viability of using the land in the way being requested, as well as the impact on the viability of commercial uses designated on the Land Use Map that may compete within shared trade areas. 2-P.18 Except within the Village, commercial development shall occur in the form of discrete shopping centers, as opposed to generalized retail districts or linear “strip commercial” patterns (i.e. long corridors of commercial uses with numerous curb cuts, unsafe intersection spacing, disharmonious architectural styles, and a pro- liferation of signs) or as mixed use developments with an integrated mix of commercial and residential uses. 2-P.19 Ensure that all residential areas have convenient access to daily goods and services by locating local shopping centers centrally within their primary trade areas, as defined in Table 2–4. Such trade areas should minimize gaps between or overlaps with the trade areas of other local shopping centers. 2-P.20 New master plans and residential specific plans and other large development proposals shall evaluate whether there is a need to include a local shopping center within the development. 2-P.21 Sites designated for “regional commercial” use should generally be located where they are easily visible and accessible from highways and freeways. Local shopping centers and uses may be adjacent to or, as a secondary use, integrated into regional centers to also serve the daily convenience needs of customers utilizing the regional shopping center. 2-44 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.22 Sites designated for “general commercial” use should be limited to locations where such uses are appropriate and desirable, provided the development is designed to be architecturally unified and does not result in “strip commercial” development. 2-P.23 Sites designated for “visitor commercial” uses should generally be located near major transportation corridors and proximate to key tourist/visitor draws, such as hotels, the ocean, lagoons, the Village, LEGOLAND and other recreation venues, McClellan-Palomar Airport, and businesses in the Palomar Airport Road corridor. Regional, general and local shopping center uses may be adjacent to or, as a secondary use, integrated into a visitor commercial center to also serve the daily convenience needs of tourists, visitors and residents. 2-P.24 Build and operate commercial uses in such a way as to complement but not conflict with adjoining residential areas. This shall be accomplished by: a.Controlling lights, signage, and hours of operation to avoid adversely impacting surrounding uses. b.Requiring adequate landscaped buffers between commercial and residential uses; exceptions may be permissible when both uses are comprehensively developed as a mixed use project. c.Providing bicycle and pedestrian links between commercial centers and surrounding residential uses, and providing bicycle-parking racks. d.Ensuring building mass does not adversely impact surrounding residences. e.Where appropriate, commercial and residential uses can be mixed in a vertical or horizontal configuration. 2-P.25 Ensure that commercial development is designed to include: a.Integrated landscaping, parking, signs, and site and building design b.Common ingress and egress, safe and convenient access and internal circulation, adequate off-street parking and loading facilities. Each commercial site should be easily accessible by pedestrians, bicyclists, and automobiles to nearby residential development. c.Architecture that emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with their surroundings. d.A variety of courtyards and pedestrian ways, bicycle facilities, landscaped parking lots, and the use of harmonious architecture in the construction of buildings. 2-45 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.26 When “community” tenants (see Table 2–4, earlier) are included in a local shopping center, they must be fully integrated into the overall function and design of the center, including the architecture, internal circulation and landscaping. The inclusion of such tenants should complement, not supplant the principal function of the center, which is to provide local goods and services. a.No community “anchor” tenant may be built as a stand-alone building. It must share (or appear to share) walls and its building facade with other tenants in the center. b.No community “anchor” tenant or secondary tenant may feature corporate architecture or logos (excluding signage) that is not integrated into the overall design of the center. Industrial and Office 2-P.27 Limit general industrial development within the community to those areas and uses with adequate transportation access. These areas should be compatible with surrounding land uses including residential neighborhoods. 2-P.28 The physical development of industrial areas shall ensure compati- bility among a diverse range of industrial establishments. 2-P.29 Include provisions in the Zoning Ordinance to allow service and support uses in areas designated Planned Industrial; such uses may include but are not limited to commercial/retail uses that support planned industrial uses, office uses, places of worship, recreation facilities, education facilities, conference facilities, daycare centers, short-term lodging, and other service uses. 2-P.30 Require new industrial development to be located in modern, attractive, well-designed and landscaped industrial parks in which each site adequately provides for internal traffic, parking, loading, storage, and other operational needs. 2-P.31 Regulate industrial land uses on the basis of performance standards, including, but not limited to noise, air quality, odor, and glare. 2-P.32 Require private industrial developers to provide adequate outdoor dining/eating areas for employees. 2-46 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.33 Do not permit general or medical office uses on sites designated for industrial use, unless the site is re-designated through a General Plan amendment to the office or a commercial land use designation; approval of such re-designations shall be based on consideration of the following criteria: a.Contiguity with other established general or medical office uses, or an office or commercial zone; b.Separation from industrial uses, where establishment of a medical office use would not preclude establishment or contin- uation of an industrial use within the zone where industrial uses are intended to be located; and c.Location. It is preferable that general or medical office uses be located on sites that can be accessed without negatively impacting traffic on industrial streets. Agriculture 2-P.34 Support agricultural uses throughout the city, including small-scale farms and community gardens. 2-P.35 Ensure the existing Flower Fields remain in flower production by utilizing all available methods and programs, including grants and other outside financial assistance. 2-P.36 Require utilization of soil and water conservation techniques in agricultural activities. McClellan-Palomar Airport 2-P.37 Require new development located in the Airport Influence Area (AIA) to comply with applicable land use compatibility provisions of the McClellan–Palomar Airport Land Use Compatibility Plan (ALUCP) through review and approval of a site development plan or other development permit. Unless otherwise approved by City Council, development proposals must be consistent or condition- ally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight notifi- cation, as contained in the McClellan-Palomar ALUCP. Additionally, development proposals must meet Federal Aviation Administra- tion (FAA) requirements with respect to building height as well as the provision of obstruction lighting when appurtenances are permitted to penetrate the transitional surface (a 7:1 slope from the runway primary surface). Consider San Diego County Regional Airport Authority Airport Land Use Commission recommendations in the review of development proposals. 2-47 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.38 Coordinate with the San Diego County Regional Airport Authority, Airport Land Use Commission, and the FAA to protect public health, safety and welfare by ensuring the orderly operation of the airport and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around the airport. 2-P.39 Prohibit approval of any zone change, general plan amendment or other legislative action that authorizes expansion of McClellan- Palomar Airport, unless authorized to do so by a majority vote of the Carlsbad electorate. (Section 21.53.015, Carlsbad Municipal Code.) 2-48 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Community Character and Design See also policies in the Mobility Element related to walkability. 2-P.40 Establish development standards that will preserve natural features and characteristics, especially those within coastal, hillside and natural habitat areas. 2-P.41 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different residential density and non-residential intensity catego- ries. Special attention should be given to buffering and transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. 2-P.42 Ensure that development on hillsides, where permitted pursuant to the hillside development regulations of the Zoning Ordinance, is designed to preserve and/or enhance the visual quality of the pre- existing topography. 2-P.43 Where feasible, locate development away from visible ridges; larger buildings, such as large retail stores and office and industrial development, should be arranged to minimize the buildings’ visual appearance from major transportation corridors and vistas. 2-P.44 Encourage clustering of development to preserve natural terrain and maximize open space areas around developments. 2-P.45 Evaluate each discretionary application for development of property with regard to the following specific criteria: a.Site design and layout of the proposed buildings in terms of size, height and location, to foster harmony with landscape and adjacent development. b.Site design and landscaping to provide buffers and screening where appropriate, conserve water, and reduce erosion and runoff. c.Building design that enhances neighborhood quality, and incor- porates considerations of visual quality from key vantage points, such as major transportation corridors and intersections, and scenic vistas. d.Site and/or building design features that will reduce greenhouse gas emissions over the life of the project, as outlined in the Climate Action Plan. e.Provision of public and/or private usable open space and/or pathways designated in the Open Space, Conservation, and Rec- reation Element. f.Contributions to and extensions of existing systems of streets, foot or bicycle paths, trails, and the greenbelts provided for in 2-49 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n the Mobility, and Open Space, Conservation, and Recreation elements of the General Plan. g.Compliance with the performance standards of the Growth Management Plan. h.Development proposals which are designed to provide safe, easy pedestrian and bicycle linkages to nearby transportation corridors. i.Provision of housing affordable to lower and/or moderate- income households. j.Policies and programs outlined in Local Coastal Program where applicable. k.Consistency with applicable provisions of the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. 2-P.46 Require new residential development to provide pedestrian and bicycle linkages, when feasible, which connect with nearby shopping centers, community centers, parks, schools, points of interest, major transportation corridors and the Carlsbad Trail System. 2-P.47 At the time existing shopping centers are renovated or redeveloped, where feasible, require connections to existing residential neighborhoods through new pedestrian pathways and entrances, mid-block crossings, new or wider sidewalks, and pedestrian-scaled street lighting. 2-P.48 Enhance walkability on a citywide scale by installing benches and transit shelters and adding landscaping, wayfinding signage, public art, and pedestrian-scaled lighting. Consider ways to improve rail and freeway overpass/ underpass areas, with lighting, sidewalk improvements and public art. 2-P.49 In design requirements for sites adjacent to pedestrian-oriented streets, consider how buildings address the street, through ample windows for display, outdoor eating areas, entryway design options and attractive signage. Beach Access and Waterfront Activity 2-P.50 Improve beach access through a variety of mechanisms, including: a.In the Village and adjacent areas, identify the primary pedes- trian connections and entrances to the beach through signage, a consistent landscaping scheme, change in paving materials, wider sidewalks and preservation of view corridors. Identify opportunities for additional access points as improved connec- tivity and facilities are provided, particularly if new beachfront activity areas are established. 2-50 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n b.In the Barrio neighborhood, provide a pedestrian crossing under or over the rail corridor at Chestnut Avenue. c.Identify and implement more frequent pedestrian crossings along Carlsbad Boulevard. Identify and prioritize crossings from residential neighborhoods and existing bicycle and pedestrian trails. For more detailed policies on pedestrian and bicycle movement, see Chapter 3: Mobility. 2-P.51 Promote development of new activity centers along the ocean waterfront—places where people can eat, shop, recreate and connect with the ocean while taking in the views of the sand, water and sunset. Potential locations for this include the Carlsbad Boulevard/Agua Hedionda Center (see Figure 2-2); near the inter- section of Palomar Airport Road and Carlsbad Boulevard; the Ponto area; and other appropriate sites that may provide opportunities for the development of activity centers. 2-P.52 Work with the California Parks Department to enhance recreation, public access, visitor-commercial services, and activity in the Carlsbad Boulevard coastal corridor. Land could be made available by realigning the southbound lanes of Carlsbad Boulevard and by reconfiguring the Palomar Airport Road / Carlsbad Boulevard intersection. The principal objectives are to improve coastal access for all; conserve coastal resources; enhance public safety, including addressing threats to the campground from bluff erosion and sea level rise; and create additional recreational opportunities, waterfront amenities and services, including modernization and expansion of the campgrounds to serve as lower-cost visitor and recreational facilities. 2-P.53 Plan and design Carlsbad Boulevard and adjacent public land (Carlsbad Boulevard coastal corridor) according to the following guiding principles: a.Carlsbad Boulevard shall become more than a road. This trans- portation corridor shall provide for recreational, aesthetic and community gathering opportunities that equal the remarkable character of the land. b.Community safety shall be a high priority. Create destination that provides a safe public environment to recreate. c.Strategic public access and parking is a key to success. Develop- ment shall capitalize on opportunities to add/enhance multiple public access points and public parking for the beach and related recreational amenities. d.Open views are desirable and important to maintaining the character of the area. Preservation and enhancement of views 2-51 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n of ocean, lagoons, and other water bodies and beaches shall be a high priority in road, landscaping, and amenity design and development. e.Enhance the area’s vitality through diversity of recreational land uses. Carlsbad Boulevard development shall provide for amenities, services and goods that attract a diversity of residents and visitors. f.Create vibrant and sustainable public spaces. Development shall provide for unique and vibrant coastal gathering spaces where people of all age groups and interests can gather to enjoy recreational and environmental amenities and supporting commercial uses. g.Connect community, place and spirit. Design shall complement and enhance connectivity between existing community and regional land uses. h.Environmentally sensitive design is a key objective. Environ- mentally sensitive development that respects existing coastal resources is of utmost importance. i.A signature scenic corridor shall be created through design that honors the coastline’s natural beauty. The resulting improve- ments will capture the ‘essence’ of Carlsbad; making it a special place for people from throughout the region with its natural beauty and vibrant public spaces. Properly carried out, the realigned boulevard will maximize public views and encourage everyone to slow down and enjoy the scenery. j.Reimagining of Carlsbad Boulevard shall be visionary. The rei- magined Carlsbad Boulevard corridor will incorporate core community values articulated in the Carlsbad Community Vision by providing: a) physical connectivity through multi- modal mobility improvements including bikeways, pedestrian trails, and a traffic-calmed street; b) social connectivity through creation of memorable public spaces; and c) economic vitality through a combination of visitor and local-serving commercial, civic, and recreational uses and services. 2-P.54 Work with the California Parks Department to provide beachfront amenities such as water fountains, bathrooms, and showers; ensure these are designed to be unobtrusive and harmonious with the natural character of the area. Community Connectedness 2-P.55 Integrate disparate master planned communities and neighbor- hoods into a cohesive whole, by establishing streetscape schemes along key connector streets and arterials. 2-52 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.56 Encourage use of public space and rights-of-way for periodic community events such as farmers markets, street fairs, and athletic events. Growth Management and Public Facilities4 2-P.57 Ensure the dwelling unit limitations of the Growth Management Plan are adhered to when approving any residential General Plan amendment, zone change, tentative subdivision map or other dis- cretionary permit. 2-P.58 Require compliance with Growth Management Plan public facility performance standards, as specified in the Citywide Facilities and Improvements Plan, to ensure that adequate public facilities are provided prior to or concurrent with development. 2-P.59 Coordinate future development with the Capital Improvement Program (CIP) to ensure adequate funding for needed facilities and services; and prioritize the funding of CIP projects to provide facil- ities and services to infill areas, in transit priority or planned smart growth areas, and areas where existing deficiencies exist. 2-P.60 Maintain the Growth Management monitoring and annual reporting program, which: a) monitors the number of existing and future dwelling units compared to the growth management dwelling unit limitations, and b) measures the city’s public service requirements against the rate of physical growth. Use this informa- tion to establish priorities for capital improvement funding, and when considering development requests. 2-P.61 The City Council or the Planning Commission shall not find that all necessary public facilities will be available concurrent with need as required by the Growth Management Plan unless the provision of such facilities is guaranteed. In guaranteeing that the facilities will be provided, funding shall be available for the necessary facilities prior to approval of development permits, and emphasis shall be given to ensuring a balanced circulation system, schools, parks, libraries, open space and recreational amenities. Public facilities may be added, however, the City Council shall not materially reduce public facilities without making corresponding reductions in development potential. The Cannon Road Open Space, Farming and Public Use Corridor Policies 2-P.62 through 2-P.68 are in accordance with “Proposition D - Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers’ 4 Note: State legislation (SB 166 and SB 330, the Housing Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. 2-53 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Money” and are applicable only to the area within the Cannon Road Open Space, Farming and Public Use Corridor (see Figure 2-2). 2-P.62 In coordination with land owners, protect and preserve this area as an open space corridor. Permit only open space, farming and com- patible public uses in the area. Permitted uses shall be as follows: a.Open space b.Farming and other related agricultural support uses, including flower and strawberry production. c.Public trails d.Active and passive parks, recreation and similar public and private use facilities (except on the existing Flower Fields) e.Electrical transmission facilities 2-P.63 Prohibit residential development in the area; and prohibit commer- cial and industrial-type uses in the area other than those normally associated with or in support of farming operations and open space uses. 2-P.64 Enhance public access and public use in the area by allowing com- patible public trails, community gathering spaces and public and private, active and passive park and recreation uses. 2-P.65 Allow farming to continue in the area for as long as economically viable for the landowner. 2-P.66 Utilize all existing programs and land use protections and explore possible new mechanisms, as well as new grant programs and other outside financial assistance, to keep the existing Flower Fields in permanent farming and flower production. 2-P.67 If determined to be necessary, the city shall amend the Zoning Ordinance and adopt a Cannon Road Open Space, Farming and Public Use Corridor Overlay Zone to apply to the area that would provide more detail on permitted uses and land use regulations applicable to the area. This policy was implemented with the adoption of City Council Ordinance No. CS-317 on March 28, 2017.Further, consistent with California Coastal Commission direction, the ordinance applies only to affected parcels south of Cannon Road. 2-P.68 The city shall initiate a public planning process with broad public participation to fully accomplish implementation of the goals, objectives and action programs listed above. This policy was implemented with the public planning process that occurred from November 2007 through June 2008, which resulted in the 2-54 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n report titled “Creating a Community Vision for the Cannon Road Agriculture and Open Space (Prop D) Lands Final Report September 23, 2008.” Village (see Figure 2-2) 2-P.69 The Village and Barrio Master Plan is the guide for land use planning and design in the Village. 2-P.70 Seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of mixed-use development, as well as commer- cial, entertainment and cultural uses that serve both residents and visitors. 2-P.71 Seek ways of strengthening existing establishments through façade and streetscape improvements, upgraded public and private land- scaping and aesthetically upgraded signage and way-finding. Encourage outdoor dining, sidewalk cafes and limited outdoor displays of merchandise to enliven street-level activity. 2-P.72 Enhance the walkability and pedestrian orientation of the Village, including along Carlsbad Village Drive, to enhance the small, beach town atmosphere and improve access to and utilization of transit. 2-P.73 Enhance connections with the Barrio through streetscape improve- ments—including street trees, improved sidewalks, lighting and signage—and potentially mixed-use development along Roosevelt Street. 2-P.74 Encourage public art and community gatherings though a wide range of visual and physical forms—from banners on light posts, paving and artwork on sidewalks, light displays at night, music, and sculptures ranging from iconic to pedestrian scale, to the design and shaping of public spaces plazas—all of which set the stage for people to gather, play, and observe. Build on existing activities and events and incorporate cultural facilities, the beach, and a water- front area where public art could be showcased. 2-P.75 Address parking demand by finding additional areas to provide parking for the Village and beach areas, and by developing creative parking management strategies, such as shared and leased parking, on-street parking reconfiguration, “smart” metering, transportation demand management strategies, etc. Evaluate and manage parking in the Village through regular monitoring of parking data. 2-55 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.76 Support Village revitalization by developing and implementing programs, policies and financing mechanisms to spur local invest- ment and foot traffic, and increase private and public revenues in the Village through partnerships with property owners, businesses and other stakeholders (e.g. business organizations, local non- profit organizations, and residents). 2-56 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n Barrio (see Figure 2-2) 2-P.77 Promote new investment by allowing opportunities for medium and high-density infill residential development, strategically located in the neighborhood consistent with the Village and Barrio Master Plan. Ensure that development is designed to enhance neighborhood quality, character, and vitality, and is sensitive to historic and cultural resources. 2-P.78 Focus revitalization efforts on renovations and façade improve- ments as well as enhancing the physical infrastructure of the community. 2-P.79 Create a cohesive, pedestrian-scale streetscape that includes improved sidewalks, streetscape, signage and way-finding, and which celebrates the Barrio’s heritage and provides better con- nections between the Barrio and Village and across the railroad at Chestnut Avenue. 2-P.80 Foster development of community gathering spaces and a great public realm, such as by reclaiming portions of wide streets for sidewalks, curb bulb-outs, and small plazas in order to create a more pedestrian- friendly experience and encourage interaction among neighbors. 2-P.81 Prepare design, development, and parking standards that protect, enhance and provide flexibility to enhance neighborhood quality and character. 2-P.82 Develop cooperative neighborhood enhancement programs with the Barrio community that will result in improved resident connections, neighborhood dynamics and enhanced sense of community through better private-public liaison efforts and focus on completion of neighborhood desired improvements. These programs should be coordinated with Village revitalization efforts. Infill opportunity (left) and the Barrio historic core (below). 2-57 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n Carlsbad Boulevard/Agua Hedionda Center (see Figure 2-2) 2-P.83 West of the railroad tracks: ▪Decommission, demolish, remove and remediate the Encina Power Station site, including the associated structures, the black start unit and exhaust stack according to the provisions of a settlement agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E). ▪The desalination plant shall remain on approximately 11 acres (six acres for the desalination plant and approximately five acres of non-exclusive easements) west of the railroad tracks. ▪Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site, with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad Boulevard). Encourage community gathering spaces, outdoor dining, and other features to maximize potential views of the ocean and the lagoon. Encourage shared parking arrangements so that a greater proportion of development can be active space rather than parking. ▪Determine specific uses, development standards, infrastructure, public improvements, site planning and amenities through a comprehensive planning process (e.g., specific plan, master plan, etc.) resulting in a redevelopment plan approved by the City Council. The redevelopment plan boundaries should include the Encina Power Station and the SDG&E North Coast Service Center sites. ▪Work with SDG&E to identify a mutually acceptable alternative location for Its North Coast Service Center. Work with SDG&E, as part of a long-term plan, to identify and ultimately permit an alternate site for its Encina substation. 2-P.84 Between I-5 and the railroad tracks: ▪Operate the Carlsbad Energy Center as described in a settle- ment agreement dated January 14, 2014, between and among the City of Carlsbad and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric Company (SDG&E). The power plant includes the following characteristics: ▪Power output will be limited to approximately 500 megawatts and will be constructed and operated utilizing peaker-plant Carlsbad Boulevard/Agua Hedionda Center and former Encina Power Station 2-58 City of Carlsbad 2 La n d U s e & C o m m u n i t y D e s i g n technology (rather than as a base load or combined-cycle facility). ▪The power plant will not operate between the hours of midnight and 6 a.m., except to the extent reasonably required for reliability-related purposes or as otherwise required by the ISO tariff. ▪Generator units will be placed below grade to minimize the power plant’s visual profile. ▪The power plant will utilize current peaker-plant technology that significantly reduces noise, air pollutant and greenhouse gas emissions, and eliminates the use of ocean water for cooling. ▪Other features as described in said settlement agreement. ▪Provide an open space buffer along the lagoon’s south shore between the railroad tracks and I-5. The Shoppes at Carlsbad Commercial Area (see Figure 2-2) 2-P.85 Promote redevelopment or reuse of the mall as a vital, community- wide commercial destination, and encourage a pedestrian orientation. Leverage the city’s parking-lot ownership and work collaboratively with The Shoppes’ owner to develop a minimum 993 dwelling units to be part of the land use mix. Sunny Creek Residential (see Figure 2-2) 2-P.86 Foster development of this site as a mix of multi-family residential dwellings at medium and high densities. a.The location of R-15 and R-30 uses/land use designations shall be determined through review and approval of a site development plan.b.The area of land utilized for a R-30 residential shall be a minimum of 8 acres in size.c. The R-15 portion of the site shall develop at a minimumdensity of 12 dwelling units per acre. Palomar Corridor (see Figure 2-2) 2-P.87 Reinforce the existing base of planned industrial uses with a strong cluster of bio- and high-technology sectors, and attract emerging technologies such as green industries. 2-59 General Plan 2 La n d U s e & C o m m u n i t y D e s i g n 2-P.88 Allow clusters of sites designated for office use in appropriate locations. Ensure that the Zoning Ordinance incorporates criteria regulating the use of hazardous materials around the sites shown for office uses and other sensitive uses. Ponto/Southern Waterfront (see Figure 2-2) 2-P.89 Allow development of the Ponto area with land uses that are con- sistent with those envisioned in the Ponto Beachfront Village Vision Plan. 2-P.90 Promote development of recreation uses and improved public access to the beach, as well as activity centers with restaurants, cafes and shopping along Carlsbad Boulevard, as opportunities arise in appropriate locations. Murphy (see Figure 2-2) 2-P.91 Allow the property’s overall residential development capacity, as indicated by the land use designations on the Land Use Map, to be clustered toward the northern portion of the site to create an open space buffer and recreational trail on the southerly third of the site. Poinsettia and Village Coaster Stations (see Figure 2-2) 2-P.93 Work collaboratively with NCTD to achieve a minimum 27 dwelling units at the Poinsettia Coaster Station and a minimum 93 dwelling units at the Village Coaster Station. North County Plaza (see Figure 2-2) 2-P.94 The site shall develop with a minimum 240 dwelling units. Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 1 – NORTH COUNTY PLAZA General Plan Map Designation Change Property APN From: To: A.156-301-16-00 R/OS R/R-40/OS Attachment B OS OS OCEANSIDE Siite 11 RIOS EXISTING OCEANSIDE IR/R-40/OS Site 1 PROPOSED RIOS OS Jan. 30, 2024 Item #2 Page 81 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 2 – THE SHOPPES AT CARLSBAD PARKING LOT General Plan Map Designation Change Property APN From: To: A.156-301-11-00 R/OS R/R-40/R-23/OS B.156-302-14-00 R R/R-40/R-23 C.156-302-35-00 R R/R-40/R-23 D. 156-301-06-00 R R/R-40 E. 156-301-01-00 R R/R-40 F. 156-302-23-00 R R/R-40 G.156-302-17-00 R R/R-40 PLAZA CAMINO REAL DY OCEANSIDE ---------~--------------RIOS RIOS RIOS Site 2 RIOS OS OS PLAZA CAMINO REAL DY OCEANSIDE R/R-~0/R-23 iiMA ~D Site 2 Jan. 30, 2024 Item #2 Page 82 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 4 – ZONE 15 CLUSTER General Plan Map Designation Change Property APN From: To: A.209-060-72-00 R-4/OS R-30/OS B.209-090-11-00 R-15/L R-15/R-30 Jan. 30, 2024 Item #2 Page 83 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 5 – AVENIDA ENCINAS CAR STORAGE LOT General Plan Map Designation Change Property APN From: To: A.210-090-24-00 PI R-30 EXISTING IPROPOSED Jan. 30, 2024 Item #2 Page 84 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 6 – CROSSINGS GOLF COURSE LOT 5 General Plan Map Designation Change Property APN From: To: A.212-270-05-00 PI/O R-30 Pl /OS OS OS OS OS OS OS EXIST ING Pl/OS OS OS OS OS PROPOSED Jan. 30, 2024 Item #2 Page 85 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 7 – SALK AVENUE PARCEL General Plan Map Designation Change Property APN From: To: A.212-021-04-00 O R-30 EXISTING Pl/OS Pl/OS PROPOSED Jan. 30, 2024 Item #2 Page 86 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 10 – BRESSI RANCH COLT PLACE INDUSTRIAL PARCEL General Plan Map Designation Change Property APN From: To: A.213-262-17-00 PI R-23 PALOMAR AIRPORT RO PALOMAR AIRPORT RO Site 10 R-23 R-23 Jan. 30, 2024 Item #2 Page 87 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 11 – BRESSI RANCH GATEWAY ROAD INDUSTRIAL PARCELS General Plan Map Designation Change Property APN From: To: A.213-263-19-00 PI R-40 B. 213-263-20-00 PI R-40 EXIST IN G R-40 Siite 11 R-40 --------::---~OS PROPOSED Jan. 30, 2024 Item #2 Page 88 of 157 Exhibit “GPA 2022-0001” October 18, 2023 Site 12 – INDUSTRIAL SITES EAST OF MELROSE DRIVE General Plan Map Designation Change Property APN From: To: A.221-015-08-00 PI R-35 B. 221-014-03-00 PI R-35 PRO PO SEID Jan. 30, 2024 Item #2 Page 89 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 16 – CALTRANS MAINTENACE STATION AND PACIFIC SALES General Plan Map Designation Change Property APN From: To: A.211-050-08-00 P R-30 B. 221-050-09-00 GC R-30 P-RIOS RIOS EXIISTING, RIOS PROPOSED Jan. 30, 2024 Item #2 Page 90 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 17 – NCTD POINTSETTIA COASTER STATION General Plan Map Designation Change Property APN From: To: A.214-150-08-00 P R-23/P B.214-150-20-00 P R-23/P !PROPOSED Jan. 30, 2024 Item #2 Page 91 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 18 – NORTH PONTO PARCELS General Plan Map Designation Change Property APN From: To: A.216-010-01-00 GC R-23 B. 216-010-02-00 GC R-23 C. 216-010-03-00 GC R-23 D.216-010-04-00 GC R-23 E. 216-010-05-00 GC R-23 () t % t) f EXISTING R-15N C \ f, R-23 1 R-23 Site 18 R-23 PRO POSED "ll 0 z a 0 :;o ,, 0 z cl 0 ;o Jan. 30, 2024 Item #2 Page 92 of 157 Exhibit “GPA 2022-0001/LCPA 2022-0015” October 18, 2023 Site 19 – LA COSTA GLEN/FORUM General Plan Map Designation Change Property APN From: To: A.255-012-05-00 R/OS R-23/OS I I I i ~ I I I I I I I I I I I I I I I OS OS OS \ \ENCINITAS I I l i I I I I I (I) I ~ ~ z \ -I u • ffi ~ I \ I \ I ..._~-I ---------~---~---! CDS OS EXIST IN G ' I '-· \ PROPOSED ENCINITAS OS OS ------- Jan. 30, 2024 Item #2 Page 93 of 157 Attachment C Public Safety Element (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 94 of 157 Environmental, seismic and topographic conditions and the patterns of urban development in Carlsbad can potentially pose risks to human health and property. The Public Safety Element identifies natural and manmade hazards that exist within Carlsbad and seeks to mitigate their potential impacts through preventative and response measures. Topics addressed in this element include seismic and geologic hazards; climate change; wildfire; flooding and drainage; hazardous materials and police, fire and emergency response. Attachment C 6-2 6 Pu b l i c S a f e t y 6-1 General Plan 6 Pu b l i c S a f e t y 6.1 Introduction Background and Purpose The purpose of this element is to acknowledge the risk posed by hazards, and to reduce the risk of injury, loss of life, property damage, and economic and social dislocation resulting from natural and manmade hazards. The development pattern in the Land Use and Community Design Element incorporates consideration of flooding risk, seismic safety and other hazards. The Public Safety Element contains the city’s goals and policies to reduce the risks associated with identified hazards and integrate mitigating measures into the city’s development review process. Relationship to State Law Government Code Section 65302(g) requires each California city and county to include within its general plan a safety element that addresses the protection of the community from any unreasonable risks associated with the effects of seismic and other geologically induced hazards, flooding, and fires. The safety element is required to include mapping of known seismic and other geological hazards. Where applicable, it must also address evacuation routes, peak load water supply requirements, minimum road widths and clearances around structures. Government Code Section 65302(g) (as amended by SB 379 (2015)) requires cities and counties to include climate adaptation and resiliency strategies — as applicable to that city or county — in the safety elements of their general plans. The City of Carlsbad prepared a Climate Change Vulnerability Assessment (CCVA) which is available on the city website at the following link: https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-documents/-folder-769. The CCVA assesses how the community and natural and built assets in Carlsbad are vulnerable to climate change. The Public Safety Element of the General Plan includes adaptation implementation measures consistent with this legislation. Government Code Section 65302(g) (as amended by SB 99 (2019)) requires a local government to identify residential developments in hazard areas that do not have at least two emergency evacuation routes. A residential emergency evacuation route analysis was conducted as part of this Public Safety Element update and is presented as Figure 6-13. Government Code Section 65302(g) (as amended by SB 1035 (2018)) requires a jurisdiction’s safety element to be revised to identify new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies applicable to the city and county that was not 6-2 City of Carlsbad 6 Pu b l i c S a f e t y available during the previous revision of the safety element. The fire hazard and flood maps have been updated as Figure 6-1 and Figure 6-12. State law also allows cities to address any other locally relevant issues in its safety element. In addition to those mentioned above, Carlsbad’s Public Safety Element also addresses disaster preparedness and protection from other local health and safety hazards, such as fire, hazardous materials and airport hazards. Relationship to Community Vision The Public Safety Element is most closely tied to the following objective in the Community Vision: Core Value 8: Support quality, comprehensive education and life-long learning opportunities, provide housing and community services for a changing population, and maintain a high standard for citywide public safety. Relationship to Other General Plan Elements The Public Safety Element is strongly correlated to the Land Use and Community Design Element and the Open Space, Conservation and Recreation Element. The Land Use and Community Design Element includes consideration of fire, seismic, flooding and other hazards in land use designations and their intensities. Through restrictions on the development of hazardous areas, identified by careful investigation as proposed in the Public Safety Element, the Land Use and Community Design Element supplements the policies of this element. Related to the Open Space, Conservation and Recreation Element, areas subject to severe hazards, especially those related to seismic or flood-prone conditions, are designated for a reduced level of development or open space, or development is required to be set back from areas impacted by these factors. Additionally, the Public Safety Element is related to the Mobility Element in that good street design and accessibility of the transportation system is vitally important in providing emergency services. Furthermore, the Public Safety Element is related to the Housing Element and the Arts, History, Culture, and Education Element in that it identifies areas that may present hazardous conditions for residential structures and proposes precautionary measures related to older existing structures that may have historic or cultural significance. Finally, the Public Safety Element is related to the Sustainability Element in that it establishes broad strategies to reduce local greenhouse gas emissions which contribute to climate change hazards that the Public Safety Element seeks to minimize. The Sustainability 6-3 General Plan 6 Pu b l i c S a f e t y Element promotes water conservation, reduction of the urban heat island effect, and energy efficiency which increase the city’s resilience to climate change. 6-4 City of Carlsbad 6 Pu b l i c S a f e t y 6.2 Regulatory Setting Public safety is a topic that is subject to extensive federal, state, and local regulations that span a variety of safety topics. Some of the key regulations and regulatory agencies are summarized below. The city is not responsible for administering all of the regulations; rather, the following discussion provides examples of how public safety in Carlsbad is a shared responsibility among various government agencies. For a fuller discussion of the regulatory setting pertaining to safety, the Environmental Impact Report for the General Plan should be consulted. Federal Programs and Regulations Environmental Protection Agency The United States Environmental Protection Agency (U.S. EPA) enforces the Federal Toxic Substances Control Act (1976) and the Resource Conservation and Recovery Act of 1976 (RCRA), which regulates the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act (HSWA), which affirmed and extended the “cradle to grave” system of regulating hazardous wastes (controlling hazardous waste from the time it is generated until its ultimate disposal). The use of certain techniques for the disposal of some hazardous wastes was specifically prohibited by the HSWA. The 1980 Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. United States Department of Transportation Transportation of chemicals and hazardous materials are governed by the United States Department of Transportation (DOT), which stipulates the types of containers, labeling, and other restrictions to be used in the movement of such material on interstate highways. Federal Emergency Management Agency The primary mission of the Federal Emergency Management Agency (FEMA) is to reduce the loss of life and property and to protect the nation from all hazards, including natural disasters, acts of terrorism, and other manmade disasters, by leading and supporting a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation. 6-5 General Plan 6 Pu b l i c S a f e t y Disaster Mitigation Act The Disaster Mitigation Act of 2000 requires a state mitigation plan as a condition of disaster assistance, adding incentives for increased coordination and integration of mitigation activities at the state level. State Regulations California Environmental Protection Agency The management of hazardous materials and waste within California is under the jurisdiction of the California Environmental Protection Agency (Cal EPA). Cal EPA is responsible for developing, implementing, and enforcing the state’s environmental protection laws that ensure clean air, clean water, clean soil, safe pesticides and waste recycling and reduction. Within Cal EPA are various departments, three of which are described as follows: Office of Environmental Health Hazard Assessment The California Office of Environmental Health Hazard Assessment oversees implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65), which aims to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects, or other reproductive harm and to inform citizens about exposures to such chemicals. California Department of Toxic Substances Control The California Department of Toxic Substances Control (DTSC) implements the California Code of Regulations Title 22, Division 4.5, which provides standards for the management of hazardous waste. The DTSC has the authority to delegate enforcement of the state’s hazardous waste regulations to local jurisdictions. State Water Resources Control Board The State Water Resources Control Board (SWRCB), as well as nine regional water quality control boards, implements various laws related to the protection of both potable and recycled water quality. The state and regional boards regulate wastewater discharges to surface and ground water; storm water discharges from construction, industrial, and municipal activities; discharges from irrigated agriculture; dredge and fill activities; alteration of federal water bodies; and other activities that could degrade water quality. 6-6 City of Carlsbad 6 Pu b l i c S a f e t y California Department of Transportation The California Department of Transportation (Caltrans) manages more than 50,000 miles of California’s highway and freeway lanes, provides inter-city rail services, permits more than 400 public-use airports and special-use hospital heliports and works with local agencies. Caltrans is also the first responder for hazardous material spills and releases that occur on those highway and freeway lanes and inter-city rail services. California Division of Safety of Dams The California Department of Water Resources, Division of Safety of Dams supervises the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Included in this authority is the approval of dam inundation maps to identify potential flood prone areas that may be critically impacted during a dam failure or emergency incident. Approved inundation maps are used to support emergency action plans that dam owners are required to prepare pursuant to Water Code Section 6161. California Office of Emergency Services The California Office of Emergency Services (Cal OES) is responsible for assuring the state’s readiness to respond to and recover from all hazards, emergencies, and disasters. Cal OES assists local governments in developing their own emergency preparedness and response plans, in accordance with the Standardized Emergency Management System and the State Emergency Plan, for earthquakes, floods, fires, hazardous material incidents, nuclear power plant emergencies, dam breaks, and acts of terrorism. Cal OES also administers the State of California Multi-Hazard Mitigation Plan (SHMP), which presents goals, strategies, and actions for reducing future disaster losses throughout the state. The SHMP is a federal requirement under the Disaster Mitigation Act of 2000 in order for the state to receive federal funds for disaster assistance. Safe School Plan (California Education Code Sections 32280 et seq.) This statute requires public schools to prepare a school safety plan that identifies strategies and programs that will ensure a high level of school safety related to child abuse reporting; disaster procedures; on-campus violence; discrimination and harassment; safe ingress and egress to and from school; safe and orderly environment conducive to learning; and school discipline. 6-7 General Plan 6 Pu b l i c S a f e t y Local Regulations County of San Diego Department of Environmental Health and Quality The County of San Diego Department of Environmental Health and Quality (DEHQ) protects public health and environmental quality and implements and enforces local, state, and federal environmental laws. DEHQ regulates the following: retail food safety; public housing; public swimming pools; small drinking water systems; mobile-home parks; onsite wastewater systems; recreational water; recycled water; aboveground and underground storage tanks and cleanup oversight; and medical and hazardous materials and waste. In addition, DEHQ serves as the Solid Waste Local Enforcement Agency and prevents disease carried by rats and mosquitoes. California Environmental Protection Agency’s Unified Program Cal EPA oversees a unified hazardous waste and hazardous materials management and regulatory program, commonly referred to as the Unified Program. The purpose of this program is to consolidate and coordinate six different hazardous materials and hazardous waste programs, and to ensure that they are consistently implemented throughout the state. State law requires local agencies to implement the Unified Program. The County of San Diego DEHQ, Hazardous Materials Division is the local agency in charge of implementing the program in the county certified by the EPA as Certified Unified Program Agencies (CUPAs). San Diego County Multi-Jurisdictional Hazard Mitigation Plan The San Diego Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) was developed in accordance with the Disaster Mitigation Act of 2000 and followed FEMA’s Local Hazard Mitigation Plan guidance. Carlsbad is included in the MJHMP as an annex to the plan and can be found at this link: https://www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities The County of San Diego Office of Emergency Services is responsible for coordinating with local jurisdictions and participating agencies to monitor, evaluate, and update the MJHMP. Through the MJHMP Carlsbad is compliant with Government Code Sections 65302.6 and 8685.9 (also known as Assembly Bill 2140 or AB 2140) which limits the State of California's share of disaster relief funds 6-8 City of Carlsbad 6 Pu b l i c S a f e t y paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts unless the jurisdiction has adopted a valid hazard mitigation plan consistent with Disaster Mitigation Act of 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan. In these cases, the State may cover more than 75 percent of the remaining disaster relief costs. McClellan-Palomar Airport Land Use Compatibility Plan The McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) is prepared by the San Diego County Regional Airport Authority to protect the safety of the public from airport related hazards. The ALUCP promotes compatibility between McClellan Palomar Airport and the land uses that surround it by addressing noise, overflight, safety, and airspace protection concerns. The ALUCP prevents exposure to excessive noise and safety hazards within the airports influence area (AIA), provides for the orderly growth of the airport and the area surrounding the airport, and safeguards the general welfare of the inhabitants within the vicinity of the airport and the public in general. Carlsbad Municipal Code Chapter 6.03 of the Carlsbad Municipal Code incorporates by reference Chapters 9 and 11 of Division 8 of Title 6 of the San Diego County Code of Regulatory Ordinances, which designates the County of San Diego DEHQ as the local agency responsible for implementing the state’s Unified Program and specifies reporting, disclosure and monitoring requirements for hazardous materials and hazardous waste establishments. 6-9 General Plan 6 Pu b l i c S a f e t y 6.3 Flooding and Coastal Hazards Surface Hydrology The San Diego Region is divided into 11 hydrologic units that flow from elevated regions in the east toward coastal lagoons, estuaries, or bays in the west. Carlsbad is located within the Carlsbad Hydrologic Unit (HU), also referred to as the Carlsbad Watershed Management Area, which is approximately 210 square miles in area, extending from the headwaters above Lake Wohlford in the east to the Pacific Ocean in the west, and from Vista and Oceanside in the north to Solana Beach, Encinitas, and the community of Rancho Santa Fe to the south. The cities of Carlsbad, San Marcos, and Encinitas are entirely within this HU. There are numerous important surface hydrologic features within the Carlsbad HU including four unique coastal lagoons, three major creeks, and two large water storage reservoirs. Approximately 48% of the Carlsbad HU is urbanized. The dominant land uses are residential (29%), commercial/industrial (6%), freeways and roads (12%), agriculture (12%), and vacant/undeveloped (32%).1 Buena Vista Lagoon Buena Vista Lagoon is a 350-acre freshwater lagoon owned by the State of California and managed by the California Department of Fish and Wildlife (CDFW) as a nature reserve. Located on the border between Carlsbad and Oceanside, it became California’s first ecological reserve in 1969. CDFW is the major property owner of the lagoon; however, a number of adjacent residential property owners have control of small portions of their properties adjacent to the lagoon’s wetland boundary. Although the lagoon itself is maintained as a nature reserve, much of the Buena Vista hydrologic area is already developed. Agua Hedionda Lagoon Agua Hedionda Lagoon is situated between Tamarack Avenue and Cannon Road and is comprised of three inter-connected lagoons, divided by the Interstate-5 freeway and a railroad bridge. Cabrillo Power LLC owns the three lagoon sections; the 66-acre outer lagoon adjacent to the Pacific Ocean, which primarily provides cooling water for the electric producing generators at the Carlsbad Desalination Plant; the 27-acre middle lagoon is home to the North Coast YMCA Aquatic Park; and the 295-acre inner lagoon extends approximately 1,800 yards in a southeasterly direction from the Interstate-5 freeway bridge. The City of Carlsbad Parks & Recreation Department allows recreational activities on the inner lagoon including boating – permitted crafts include jet skis and powerboats (western portion) and passive vessels 1 Project Clean Water Website 2012, www.projectcleanwater.org/html/ws_carlsbad.html, accessed September 21, 2012 6-10 City of Carlsbad 6 Pu b l i c S a f e t y like sailboats and kayaks (eastern portion). At the eastern end of the lagoon is the Agua Hedionda Ecological Reserve, which was acquired in 2000 by the CDFW and consists of 186 acres of wetlands. Batiquitos Lagoon The Batiquitos Lagoon consists of approximately 561 acres owned by both the CDFW and the California State Lands Commission and is protected as a game sanctuary and bird estuary. The lagoon was originally open to the ocean, but over time the construction of transportation corridors and other development resulted in sediment closing off the lagoon. Then, in the mid-1990s, a significant lagoon restoration and enhancement project, conducted by the City of Carlsbad, Port of Los Angeles and other cooperating agencies, allowed for the lagoon to open to the ocean again, as it exists today. Stormwater Drainage Much of the land area in Carlsbad is developed, resulting in impervious surfaces from the placement of roads, parking lots, buildings, and other infrastructure. These facilities reduce the amount of water infiltration into the ground, increase direct runoff into the city’s creeks and lagoons, and cause soil erosion and sedimentation, which can result in water quality degradation and flooding concerns. Stormwater systems may be overwhelmed more frequently as more extreme rain events occur due to climate change, causing localized flooding which could impact properties and close streets, and impact water quality. The City of Carlsbad currently employs a number of measures, including best management practices (BMPs), to prevent pollutants and hazardous materials from entering municipal stormwater conveyance systems. As storm drains are not connected to sanitary sewer infrastructure, water conveyed to these drains is not treated prior to discharging into creeks, lagoons and the ocean. Therefore, pollutants must be reduced and/or removed before entering urban conveyance systems. The city’s Storm Water Protection Program covers all phases of development through planning, construction and existing development and educates and monitors developers, businesses, municipal facilities, residents, school children, and the general public to help prevent pollutants and other hazardous materials from entering storm drains. The city also implements its Jurisdictional Runoff Management Plan which includes strategies to reduce non-stormwater flows and illegal discharges to the storm drain system and was developed to implement the requirements of the City’s Municipal Storm Water Permit. 6-11 General Plan 6 Pu b l i c S a f e t y Flood Zones Floodplains are areas of land located adjacent to rivers or streams that are subject to recurring inundation, or flooding. Preserving or restoring natural floodplains helps with flood loss reduction benefits and improves water quality and habitat. Floods are typically described in terms of their statistical frequency. For example, a 100-year floodplain describes an area within which there is a one percent probability of a flood occurring in any given year. FEMA prepares Flood Insurance Rate Maps (FIRMs) that identify 100-year and 500-year flood zones. As shown in Figure 6-1, the potential flood hazard areas identified on the FIRM maps in Carlsbad include the entire coastline and the following major drainage basins:  Buena Vista Creek and Buena Vista Lagoon  Agua Hedionda Creek, its northern tributary, and the Agua Hedionda Lagoon  San Marcos Creek and its northern tributary  Batiquitos Lagoon  Encinitas Creek Most jurisdictions within San Diego County, including the City of Carlsbad, participate in the National Flood Insurance Program. Pursuant to the City of Carlsbad’s Local Coastal Plan and Carlsbad Municipal Code Title 21 (Zoning), development is restricted within 100-year floodplain areas. FEMA relies on historical data to calculate flood frequencies and flood extent. Climate change is expected to increase rates of precipitation and the frequency of extreme precipitation events. These changing conditions could result in more frequent and severe riverine flooding which could impact properties within flood zones as well as emergency services, power, wastewater, and storm drainage infrastructure, exacerbating public health concerns. 6-12 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. 6-13 General Plan 6 Pu b l i c S a f e t y Figure 6-1 Potential Flood Hazards 6-14 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-15 General Plan 6 Pu b l i c S a f e t y Dam Inundation Dam inundation can be caused by the release of impounded water from structural failure or overtopping of a dam. There are five dams and a reservoir located within or adjacent to the City of Carlsbad, as shown in Figure 6-2: the Calavera, Maerkle, Melrose Avenue, San Marcos, and Bressi dams, and the Stanley A. Mahr reservoir. The San Diego County MJHMP identifies dam-failure risk levels based on dam inundation map data. The Calavera, Melrose Avenue and Stanley A. Mahr reservoir dams have been assigned high hazard ratings, Maerkle dam has an extremely high hazard rating, San Marcos dam has a significant hazard rating, and the Bressi dam has a low hazard rating. The California Division of Safety of Dams also classifies jurisdictional dams by downstream hazard potential. Calavera, Melrose Avenue, San Marcos and Stanley A. Mahr dams classify as high and Maerkle dam classifies as extremely high. Bressi dam is not a state jurisdictional dam. The California Division of Safety of Dams jurisdictional dams and the reservoir have emergency action plans in place. Calavera dam is owned by Carlsbad and operated by Carlsbad Municipal Water District. Maerkle is both owned and operated by Carlsbad Municipal Water District. Dam owners are responsible for preparing emergency action plans. The other dams located within or adjacent to Carlsbad must coordinate with the city on the preparation of their emergency action plans. The San Marcos dam is owned and operated by Citizens Development Corporation, the Stanley A. Mahr Reservoir is owned by the public utility Vallecitos Water District, and the Melrose Avenue Dam is owned by the Rancho Carrillo Homeowners Association. Dam owners are responsible for preparing Emergency Action Plans. These facilities are periodically inspected by the California Division of Safety of Dams. Sea Level Rise In California, sea levels have risen by as much as seven inches along the coast over the last century, resulting in eroded shorelines, deterioration of infrastructure, and depletion of natural resources. The San Diego County MJHMP identifies sea level rise as one of Carlsbad’s primary climate change vulnerabilities. Carlsbad has prepared a Sea Level Rise Vulnerability Assessment (2017) which draws on several guiding documents to target adaptation planning efforts.  California Coastal Commission adopted the California Coastal Commission Sea Level Rise Policy Guidance2 which summarizes 2 2015 Sea Level Rise Policy Guidance, California Coastal Commission. https://documents.coastal.ca.gov/assets/slr/guidance/August2015/0a_ExecSumm_Adopted_Sea_ 6-16 City of Carlsbad 6 Pu b l i c S a f e t y the best available science in predicting potential sea level rise impacts and recommends response strategies.  Preparing for Climate Change: A Guidebook for Local, Regional, and State Governments, published by ICLEI-Local Governments for Sustainability (Snover, A.K. et al. 2007) describes strategies to address the impacts of sea level rise in communities.  The California Adaptation Planning Guide, Planning for Adaptive Communities prepared by CalEMA, now known as CalOES, and the California Natural Resources Agency (CalEMA 2012)3. According to Cal-Adapt, an online tool (developed by the California Natural Resources Agency along with others), the historical average maximum (1961-1990) temperature in the Carlsbad area of 73.4 degrees F could increase by 4.0 to 7.0 degrees by the end of century period (2070-2099), depending on various emissions scenarios. According to the 2017 Carlsbad Sea Level Rise Vulnerability Assessment, sea level in Carlsbad could rise by as much as 1.6 feet by 2050 and 6.6 feet by 2100. Areas within Carlsbad that are particularly vulnerable to sea level rise are those areas immediately adjacent to the coast and the lagoons, which are similarly vulnerable to coastal storms. Potential strategies to reduce the impacts of sea-level rise on the city may include hard engineering (seawalls, breakwaters, levees) soft engineering (beach nourishment and/or replenishment, wetlands restoration) and restricting or reducing development near the coastal areas. In 2011, FEMA initiated the California Coastal Analysis and Mapping Project/Open Pacific Coast Study, which involves over 1,200 miles of new coastal flood hazard mapping and base-flood elevation determinations. Under this initiative, many coastal communities, including Carlsbad, will have coastal flood data and mapping updated for the first time in over 20 years. This study will improve the quality of the coastal data used for both floodplain management and planning purposes. Climate change is expected to increase the rate of sea level rise. The Carlsbad Sea Level Rise Vulnerability Assessment prepared in 2017 evaluated 1.6 feet of sea level rise by 2050 and 6.6 feet of sea level rise by 2100 as outlined in Figure 6-3. There are 5 hazard zones outlined within the Carlsbad Sea Level Rise Vulnerability Assessment: Level_Rise_Policy_Guidance.pdf. As of preparation of this General Plan, a 2018 update of the Sea Level Rise Policy Guidance has been adopted but was not used for the 2017 Sea Level Rise Vulnerability Assessment. 3 2012 California Adaptation Planning Guide, Planning for Adaptive Communities. As of preparation of this General Plan, a 2020 update of the Adaptation Planning Guide has been adopted but was not used for the 2017 Sea Level Rise Vulnerability Assessment 6-17 Figure 6-2 Dam Inundation Areas Figure 6-3 Sea Level Rise Projections 6-19 General Plan 6 Pu b l i c S a f e t y  Coastal Inundation Hazard Zone  Lagoon Inundation Hazard Zone  Bluff Hazard Zone  Coastal Flood Hazard Zone  Lagoon Flood Hazard Zone Each of these hazard zones are based on modeling conducted to analyze impacts of sea level rise. The zones were used to better understand which assets would be affected. According to the Carlsbad Sea Level Rise Vulnerability Assessment the following assets are considered to have moderate to high vulnerability to sea level rise:  Beaches: Approximately seven acres of beach area is projected to be impacted by inundation/erosion in 2050. Vulnerability is rated high for the 2100 horizon due to the significant erosion expected as the beaches are squeezed between rising sea levels and bluffs or coastal structures  Public access ways: A total of 12 vertical beach access ways exist within the Planning Zone of the Agua Hedionda Lagoon. A total of seven of these beach access ways were determined to be potentially impacted by coastal flooding by the year 2050. All 12 were found to be vulnerable to flooding and inundation by the year 2100. About 2.5 miles of horizontal access ways (trails) are vulnerable to flooding in the 2050-time horizon, and 7 miles of trails were found to be vulnerable by year 2100. Public access ways exist along the beach and lagoons in the city.  State parks: The Tamarack State Beach parking lot becomes partially exposed to flooding during extreme storm events by 2050. Exposure to flooding increases in year 2100 and complete flooding of the Tamarack State Beach parking lot can be expected during extreme storms events.  Parcels: A number of residential parcels in the vicinity of Terramar Point were determined to be exposed to bluff erosion hazards in the 2050 sea level rise scenario. Residential parcels along Terramar Point and the northern shoreline of Agua Hedionda Lagoon were found to be highly exposed to coastal hazards in 2100. The Hubbs Sea World Research Institute, the Carlsbad AquaFarm and the YMCA facility are also impacted as flood and tidal waters encroach onto these parcels.  Critical infrastructure: There were no impacts to parcels identified as critical infrastructure for the 2050 planning horizon. The Encina Power Station and the Carlsbad Desalination Plant parcels were identified as being partially exposed to fluvial flooding from Agua Hedionda Lagoon as a result of sea level rise in 2100. 6-20 City of Carlsbad 6 Pu b l i c S a f e t y  Transportation: Approximately 4,229 linear feet of Carlsbad Boulevard within the Agua Hedionda Lagoon Planning Zone are exposed to bluff erosion hazards during the 2050 planning horizon (high exposure). Carlsbad Boulevard provides a vital north-south linkage within the city; thus, its sensitivity to sea level rise is high. Vulnerability remains high for the 2100 planning horizon as 15,326 linear feet of Carlsbad Boulevard are exposed to bluff erosion and flooding during an extreme storm event.  Environmentally sensitive lands: Environmentally sensitive lands (e.g., lagoon, surrounding open lands, etc.) in the Agua Hedionda Lagoon area are exposed to increased tidal inundation and flooding with any rise in sea levels (high exposure). These assets are moderately sensitive to this exposure as wetland hydrology may be altered by the rising freshwater-saltwater interface and intertidal and subtidal ecosystems may be affected by changes in water depth and sunlight penetration.  Additional, qualitative assessments were provided on impacts of sea level rise on visual resources, cultural resources, saltwater intrusion, and lifeguard services. Impacts were characterized as none to moderate. The vulnerability of assets within Carlsbad to sea level rise are described below in Table 6–1. TABLE 6–1: CITY WIDE VULNERABILITY ASSESSMENT FINDING ASSET CATEGORY HORIZON IMPACTED ASSETS OVERALL VULNERABILITY RATING Beaches 2050 27 acres Moderate 2100 146 acres High 2 Public Access Ways 2050 26 beach access ways 2.6 miles of lateral access ways Moderate 2100 37 beach access ways 7.3 miles of lateral access ways Moderate State Parks 2050 6 Parcels Moderate-High 2100 6 Parcels Moderate-High Parcels 2050 564 Parcels Moderate 2100 657 Parcels High Critical Infrastructure 2050 0 Parcels Low 2100 8 Parcels Moderate Transportation 2050 1.6 miles High 2100 5.8 miles High Environmentally Sensitive Lands 2050 1,088 acres Moderate 2100 1,164 acres High Source: City of Carlsbad Sea Level Rise Vulnerability Assessment. 2017. 6-21 General Plan 6 Pu b l i c S a f e t y Tsunamis and Seiches Tsunamis are long wavelength ocean waves generated by sudden movements of the ocean bottom during events such as earthquakes, volcanic eruptions, or landslides. The County of San Diego maps zones of high risk for tsunami run-up. As shown in Figure 6-4, the only areas identified within the City of Carlsbad as having risk for tsunami run-up are the immediate vicinity of the Buena Vista, Agua Hedionda, and Batiquitos lagoons. The California Geological Survey Tsunami Hazard Areas also encompass all three lagoons but with upland areas immediately surrounding the waterbodies mapped as at-risk. These Tsunami Hazard Areas identify exposure to tsunami hazards to help inform coastal evacuation planning. Development of essential/critical or larger structures within the Tsunami Design Zone layer, also depicted in Figure 6-4, must meet design standards per the California Building Code. Seiches are defined as wave-like oscillatory movements in enclosed or semi-enclosed bodies of water such as lakes or reservoirs. Potential effects from seiches include flooding damage and related hazards from spilling or sloshing water, as well as increased pressure on containment structures. The County of San Diego maps zones of high risk for dam inundation throughout the county. The high-risk areas are located in other communities upstream in the Carlsbad Watershed Management Area. 6-22 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. Figure 6-4 Maximum Tsunami Projected Run-up 6-24 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-25 General Plan 6 Pu b l i c S a f e t y 6.4 Geologic and Seismic Hazards Geology and Soils The City of Carlsbad is within the coastal portion of the Peninsular Ranges Geomorphic Province, a region characterized by northwest-trending structural blocks and intervening fault zones. Topographically, the Peninsular Ranges Province is composed of generally parallel ranges of steep-sloping hills and mountains separated by alluvial valleys. More recent uplift and erosion has produced the characteristic canyon and mesa topography present today in western San Diego County, as well as the deposition of surficial materials including Quaternary-age (less than approximately two million years old) alluvium, colluvium, and topsoil.4 Figure 6-5 shows the local geology of Carlsbad. Seismicity There are no active faults that run directly through Carlsbad. Additionally, the California Geologic Survey does not include the City of Carlsbad on its list of cities affected by Alquist-Priolo Earthquake Fault Zones. The nearest fault to the city is the Newport-Inglewood-Rose Canyon Fault, which runs offshore of the western edge of the city and is considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Although there are no active faults within Carlsbad, the city is located within a seismically active region and earthquakes have the potential to cause ground shaking of significant magnitude. Figure 6-6 shows the location and extent of the profiled earthquake faults within San Diego County based on a United States Geological Survey earthquake model that shows probabilistic peak ground acceleration. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone. 4 Ibid. 6-26 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. 6-27 Figure 6-5 Geology Figure 6-6 Earthquake Faults 6-29 General Plan 6 Pu b l i c S a f e t y Historical documents record that an earthquake centered either on the Rose Canyon or Coronado Bank faults struck San Diego on May 27, 1862, damaging buildings in Old Town and causing ground rupture near the San Diego River mouth. This earthquake is believed to have had a magnitude of about 6.0 based on descriptions of the damage it caused. The strongest recorded earthquake in the San Diego area was a magnitude of 5.3 on the Richter scale that struck on July 13, 1986 on the Coronado Bank fault, 25 miles offshore of Solana Beach. There have been several moderate earthquakes recorded within the Rose Canyon Fault Zone as well. On June 17, 1985, three earthquakes hit San Diego measuring 3.9, 4.0, and 3.9, respectively, and on October 28, 1986, a stronger earthquake with a magnitude of 4.7 occurred.5 Seismic Risk to Development Earthquake damage to structures can be caused by ground rupture, liquefaction, ground shaking, and possibly inundation from tsunami (as discussed above). The level of damage at a location resulting from an earthquake will depend upon the magnitude of the event, the epicenter distance, the response of geologic materials, and the design and construction quality of structures. During an earthquake, shaking of granular loose soil saturated with water can lead to liquefaction, a condition in which sediments below the water table temporarily lose strength during an earthquake and behave as a viscous liquid rather than a solid. As a result, this can cause structures to lose foundation-bearing capacity. Historically, seismic shaking levels in the San Diego region, including in Carlsbad, have not been sufficient enough to trigger liquefaction, and as such, the city generally has a low liquefaction risk. However, there are areas of the city that have a higher risk of liquefaction due to the presence of hydric soils or soils that are often saturated or characteristic of wetlands. These areas are limited to the immediate vicinity of the Buena Vista, Agua Hedionda, and Batiquitos Lagoons, as shown in Figure 6-7. Additionally, in general, south facing slopes in Carlsbad are gentle grade and not prone to landslides, while north facing slopes are generally steeper and more susceptible to landslides. Areas where landslides could be induced by earthquakes are mapped as Figure 6-8. Development in a liquefaction hazard zone requires adherence to the guidelines for evaluating and mitigating seismic hazards as required by California Public Resources Code Section 2695(a). Before a development permit can be granted for a site within a seismic hazard zone, a geotechnical investigation of the site must be conducted, and appropriate mitigation measures incorporated into the project design. Mitigation of liquefaction hazards can include edge containment 5 Deméré, Thomas A., Ph.D., San Diego Natural History Museum, Geology of San Diego County, California, http://www.sdnhm.org/archive/research/paleontology/sdfaults.html, accessed on September 25, 2012b 6-30 City of Carlsbad 6 Pu b l i c S a f e t y structures (e.g., berms, dikes, retaining walls, etc.), driving piles, removal or treatment of liquefiable soils, or modification of site geometry. The city’s Building Division implements and enforces the Carlsbad Municipal Code and the California Building Code regulations relative to seismic risk to development. Chapter 18.07 of the Carlsbad Municipal Code specifies the need and establishes guidelines for the seismic upgrade of unreinforced masonry buildings. 6-31 Figure 6-7 Liquefaction Hazards Figure 6-8 Landslide Susceptibility 6-33 General Plan 6 Pu b l i c S a f e t y 6.5 Airport Hazards For land use policies related to the airport, see Chapter 2: Land Use and Community Design. For noise policies related to the airport, see Chapter 5: Noise Element. The McClellan-Palomar Airport, located in Carlsbad, serves the northern part of San Diego County. The airport, owned and operated by the County of San Diego, is defined by the Federal Aviation Administration (FAA) as a commercial service airport that, in addition to private aircraft, has regularly scheduled commercial flights to Los Angeles International Airport (LAX). Long-term extension projects for the McClellan-Palomar Airport, including 800 feet of runway extension of Runway 6/24 and Taxiway A, are set forth in the McClellan-Palomar Airport Master Plan that was approved by the County of San Diego in October 2021.6 The McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) is prepared according to FAA requirements and adopted by the San Diego County Regional Airport Authority acting as the Airport Land Use Commission for the County of San Diego. The ALUCP provides measures to minimize the public’s exposure to excessive noise and safety hazards within areas around the airport and identifies areas likely to be impacted by noise and flight activity created by aircraft operations at the airport. These impacted areas include the Airport Influence Area (AIA), the Clear Zone, and the Flight Activity Zone. The AIA, shown in Figure 6-9, includes a large portion of the City of Carlsbad, as well as portions of the cities of Vista, San Marcos, and Escondido. Within the AIA, the ALUCP establishes six safety zones for the purpose of evaluating safety compatibility of new/future land use actions. The safety zone boundaries depict relative risk of aircraft accidents occurring near the airport and are derived from general aviation aircraft accident location data and data regarding the airport’s runway configuration and airport operational procedures. The ALUCP limits development intensities in these zones by imposing floor area and lot coverage maximums, by incorporating risk reduction measures in the design and construction of buildings, and/or by restricting certain uses altogether. Generally, allowable uses and development intensities range from most restrictive in Safety Zone 1 to least restrictive in Safety Zone 6 (these are shown in Figure 6-9). For example, all residential and virtually all non-residential uses are considered incompatible land uses in Zone 1, while all land uses in Zone 6 are considered to be either compatible or conditionally compatible with the airport. The FAA establishes airspace protection zones in the airspace above and surrounding airports in order to protect aircraft from obstructions such as buildings, towers, etc. in navigable airspace. Airspace protection 6 McClellan-Palomar Airport Master Plan Update. October 2021. https://www.sandiegocounty.gov/content/dam/sdc/dpw/AIRPORTS/palomar/documents/Master-Plan-Update/2021/H-Master_Plan_Update_2021.pdf 6-34 City of Carlsbad 6 Pu b l i c S a f e t y zones are defined in Part 77 of the Code of Federal Aviation Regulations; the protected airspace around McClellan-Palomar Airport is depicted in Figure 6-9. The ALUCP also requires that certain development projects record overflight notification documents in order to provide constructive notice to current and prospective property owners of aircraft activity within the vicinity of the airport. Under certain circumstances, developers of specific properties may be required to grant avigation easements to the airport owner (County of San Diego). Among other things, an avigation easement grants the right of flight in the airspace above the property, allows the generation of noise and other impacts associated with overflight, restricts the height of structures, trees and other objects on the property, prohibits potential on ground flight hazards (sources of light/glare, etc.) and permits access to the property to remove or mark objects exceeding the established height limit. Figure 6-9 depicts the avigation easement and overflight notification areas surrounding the airport. The city requires review of all proposed development projects within the AIA. New development proposals must process a site development plan, or other development permit, and be found to be consistent or conditionally consistent with applicable land use compatibility policies with respect to noise, safety, airspace protection, and overflight, as contained in the ALUCP. Additionally, development proposals are required to comply with FAA regulations concerning the construction or alteration of structures that may affect navigable airspace. 6-35 Figure 6-9 McClellan-Palomar Airport Influence Area/Safety Zones 6-36 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-37 General Plan 6 Pu b l i c S a f e t y 6.6 Railroad Hazards For Mobility policies related to the railroad, see Chapter 3: Mobility. For noise policies related to the railroad, see Chapter 5: Noise Element. Safety hazards related to transportation of hazardous materials are discussed in Section 6.7, below. The North County Transit District (NCTD) owns the north/south railroad that parallels Carlsbad’s entire seven-mile coastline, as well as Interstate-5 and Carlsbad Boulevard. NCTD operates the Coaster commuter rail service on this rail line and owns two passenger rail stations located within the city: Carlsbad Village and Carlsbad Poinsettia stations. The Atchison, Topeka & Santa Fe freight line and the Amtrak passenger service also use the rail line through the city. The railroad, while providing a vital service for passenger transit and goods movement through the city, presents potential safety concerns in the city. The railroad acts as a barrier and restricts east/west access for emergency services; it also results in the potential for train collisions with automobiles, bicyclists and pedestrians. From 2018 through 2023, a total of 12 train incidents have occurred between the Carlsbad Village and Poinsettia Coaster stations, all involving pedestrians and all unfortunately fatal. As part of the North Coast Corridor (NCC) Program, the San Diego Association of Governments (SANDAG) plans, during the next 20 years, to construct nearly $820 million in improvements to the San Diego County rail corridor, including a primary effort to double track the corridor from Orange County to downtown San Diego. Double tracking the rail corridor through San Diego County will add the capacity for approximately 100 more railcars per day through the corridor. To date, the majority of the rail corridor has been double tracked with approximately two miles remaining as single-tracked through the City of Carlsbad: 1.1 miles through the Village from the Oceanside border on the north to Pine Avenue on the south and 0.75 miles near the southern border with Encinitas, including the Batiquitos Lagoon bridge.7 Other infrastructure improvements planned by SANDAG include bridge and track replacements, new platforms, pedestrian under-crossings, and other safety and operational enhancements. Along the rail corridor through Carlsbad, SANDAG is considering two options for double tracking the railroad: at-grade tracks and grade-separated tracks (railroad tracks located in a trench below street grade). The city is working closely with SANDAG and other agencies to encourage and support the grade separated option, which would increase east-west crossings and improve east-west access for emergency services and would reduce the potential for train collisions with automobiles, bicyclists and pedestrians. 7 LOSSAN Coastal Rail Corridor. SANDAG. https://lossanmap.sandag.org/ 6-38 City of Carlsbad 6 Pu b l i c S a f e t y 6.7 Hazardous Materials Hazardous materials include a wide variety of substances commonly used in households and businesses. Motor oil, paint, solvents, lawn care and gardening products, household cleaners, gasoline, and refrigerants are among the diverse range of substances classified as hazardous materials. Nearly all businesses and residences generate some amount of hazardous waste. Certain businesses and industries, including gas stations, automotive service and repair shops, printers, dry cleaners, and photo processors, generate larger amounts of such substances. Hospitals, clinics, and laboratories generate medical waste, much of which is also potentially hazardous. Some hazardous materials present a radiation risk. Radioactive materials, if handled improperly, or if radiation is accidentally released into the environment, can be dangerous because of the harmful effects of certain types of radiation on the human body. Hazardous Materials Transport Major transportation routes within Carlsbad include Interstate 5 and State Route 78, surface streets, and the San Diego Northern railroad. There are high pressure fuel lines along El Camino Real and other areas, as shown in Figure 6-10. These transportation routes and pipelines are used to transport hazardous materials from suppliers to users. Transportation accidents involving hazardous materials could occur on any of the routes, potentially resulting in explosions, physical contact by emergency response personnel, environmental degradation, and exposure to the public. Hazardous Materials Facilities The County of San Diego, through its Certified Unified Program Agency (CUPA), has recorded (as of 2012) approximately 338 facilities within Carlsbad that store and maintain chemical inventories that exceed mandatory disclosure amounts of any single chemical in excess of 55 gallons, 500 pounds or 200 cubic feet. In addition, there are 180 facilities within the city that are registered with the U.S. EPA as generators of hazardous waste. Potential Environmental Hazards Sites within the City of Carlsbad where the presence of hazardous materials present potential environmental hazards were identified using information from state databases and a review of online regulatory files for select sites. The databases used were EnviroStor, which identifies hazardous waste facility and cleanup sites, and SWRCB GeoTracker, which identifies permitted underground storage tanks 6-39 Figure 6-10 Electric and Gas Transmission Lines 6-40 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-41 General Plan 6 Pu b l i c S a f e t y (UST) and cleanup sites. The databases included the following types of sites: release sites (cleanup sites), UST sites, permitted hazardous waste facilities, wastewater treatment tiered permit facilities, and proposed school sites evaluated by the California DTSC for the presence of hazardous materials. The hazardous materials sites identified in the EnviroStor and GeoTracker databases were evaluated as part of the General Plan Environmental Impact Report (EIR) in order to rank the sites in terms of potential environmental concern. Using the databases, a total of 214 hazardous materials sites with 126 unique listings were identified within Carlsbad (see the General Plan EIR for details of the listings). A total of 110 of those unique site listings have had known releases, while the remaining 16 have not had known releases. The San Diego Regional Water Quality Control Board’s Geographic Environmental Information Management System is a data warehouse that tracks regulatory data about underground fuel tanks, fuel pipelines and public drinking water supplies using GeoTracker; as information in the database is periodically updated, the database should be consulted for current information. 6-42 City of Carlsbad 6 Pu b l i c S a f e t y 6.8 Police, Fire, and Emergency Management Police Services The Carlsbad Police Department conducts its safety services out of the Carlsbad Police and Fire Headquarters located on Orion Way. The Police and Fire Headquarters location is depicted on Figure 6-11. The patrol division is the core of the Police Department’s law enforcement services, responding to more than 100,000 calls for service annually. Although responding to 911 calls and street patrols are the majority of the patrol division’s activity, other special services in the department include, the homeless outreach team, crime suppression team, investigations unit, traffic unit, school resource officers, canine units, bicycle patrol, crisis negotiations, bilingual services, SWAT and Psychiatric Emergency Response Teams (PERT). In May 2012, the Carlsbad Safety Training Center was completed to provide necessary training for local police, fire and other safety workers. The training center is located next to the Police and Fire Headquarters, and includes classrooms, a shooting range and structures that can be used to simulate fires in residential and commercial buildings as well as help police conduct tactical training. Anticipated Space Needs for the Police Department To accommodate population growth, the Police Department expects to grow to a point where it will need to occupy the space inside the Police and Fire Headquarters that is currently occupied by the Fire Administration. Alternative solutions the Police Department is considering include relocating the Fire Administration to another facility or expanding the Police and Fire Headquarters to accommodate Police Department growth and the continued presence of Fire Administration. Also needed by the Police Department is a secure storage facility for evidence storage to include large pieces of evidence, such as vehicles. Fire and Emergency Medical Services The City of Carlsbad has seven fire stations, indicated in Figure 6-11. The oldest of the stations was constructed in 1966, while the newest was completed in 2023. The Fire Department is divided into two Bureaus, the Bureau of Fire Operations and Bureau of Community Risk Reduction and Resilience. Fire Operations is the largest Bureau within the Carlsbad Fire Department and is responsible for fire suppression, rescue, emergency medical service delivery, marine safety, and disaster mitigation. The 6-43 Figure 6-11 Public Safety Services 6-44 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-45 General Plan 6 Pu b l i c S a f e t y The Fire Department delivers advanced life support level care on all fire engines, fire ladder trucks and ambulances and provides advanced life support via lifeguard services along the city’s northern most beach, commonly referred to as “North Beach”. Currently, more than 75 percent of the city’s fire suppression personnel are licensed paramedics; frequently multiple paramedics are available on-scene at emergency incidents. City of Carlsbad SWAT medics are firefighter/paramedics on special assignment working alongside the Carlsbad Police Department SWAT team. SWAT medics are also deployed with Carlsbad police officers in support of other law enforcement units such as the San Diego Sheriff’s SWAT team and the regional law enforcement task force. TABLE 6–2: FIRE STATIONS SUMMARY STATIONS BUILT ADDRESS STAFFING DESCRIPTION 1 1966 1275 Carlsbad Village Dr. Crew of five: captain, engineer, two paramedic / firefighters and one emergency medical technician 2 2022 1906 Arenal Rd. Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 3 2016 3465 Trailblazer Way Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 4 1986 6885 Batiquitos Dr. Crew of three: captain, engineer and paramedic/firefighter 5 1988 2540 Orion Way Crew of four: duty battalion chief, captain, engineer, and paramedic/firefighter 6 2009 7201 Rancho Santa Fe Rd. Crew of five: captain, engineer, two paramedic/firefighters and one emergency medical technician 7 2023 4600 Carlsbad Blvd. Crew of six: captain, engineer, three paramedic/firefighters and one emergency medical technician Anticipated Space Needs for the Fire Department Based on needs identified by the Carlsbad Police Department for additional space, considerations will need to be made for the relocation of Fire Administration in close proximity to Fire Station No. 5 and the Carlsbad Safety Training Center. Consideration of the relocation of Fire Prevention staff to the same location as Fire Administration should also be made. The Fire Department completed its first Fire Station Master Plan in 2023 to help identify current and future fire station needs with city growth in mind. Increased service demands, changes in staffing, and the increasing size of fire apparatus require considerations for increasing the number and capabilities of these city facilities. The Fire Station Master plan also incorporates the potential of adding additional fire stations based on recommendations of the Fire Department Standards of Coverage. The Standards of Coverage is a document used by fire departments to assess local risks and demographics and determine the level of protection needed to 6-46 City of Carlsbad 6 Pu b l i c S a f e t y minimize those risks. The current standards of coverage account for increases in growth and subsequent increases in demands for service by anticipating the need for two additional Fire Stations (station eight and nine) as growth occurs. Wildland Fire Hazards The California Department of Forestry and Fire Protection (CAL FIRE) has mapped Fire Hazard Severity Zones throughout California. The Fire Hazard Severity Zone (FHSZ) maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior.8 Many factors are considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. There are three levels of hazard in the State Responsibility Areas: moderate, high, and very high. Currently only Very High Fire Hazard Severity Zones (VHFHSZ) are identified in local government jurisdictions. The large amounts of open space and wildland make Carlsbad susceptible to brush fires year-round. The proximity of native vegetation and the climate of the region contribute to sections of the city having VHFHSZs, as illustrated in Figure 6-12. Specifically, the central and eastern portions of Carlsbad are mapped within VHFHSZs.9 The frequency, area, and severity of wildfires have increased significantly within San Diego County over the past two decades. Recent fires of the Boulevard, Park, and Poinsettia fires have occurred in city limits in January 2022, January 2021, and May 2014 respectively. For Carlsbad this trend of increased wildfires is projected to continue through mid and end-century projections. Wildfire events are a product of temperature increases compounded with precipitation declines creating wildfire prone conditions. San Diego County’s wildfires are influenced by Santa Ana Winds and fuel availability. Critical facilities are facilities in either the public or private sector that provide essential products and services to the public, are otherwise necessary to preserve the welfare and quality of life in the city, or fulfills important public safety, emergency response, and/or disaster recovery functions. The city’s critical facilities have been identified based on city staff designations. They include schools, fire stations, police stations, transportation systems, libraries, parks, city hall, hospitals, utility systems, and planned critical facilities. 8 County of San Diego, 2010, San Diego County Multi-Jurisdiction Hazard Mitigation Plan, page 4-89. 9 County of San Diego, 2010, San Diego County Multi-Jurisdiction Hazard Mitigation Plan, page 4-93 and 4-94. 6-47 Figure 6-12 Fire Hazard Severity Zones 6-48 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-49 General Plan 6 Pu b l i c S a f e t y There are several critical facilities within the city’s VHFHSZ including four parks, three schools, two fire stations, the police department, and the wastewater treatment facility. Several roads and residential areas are also located within the city’s VHFHSZ. Several fires have afflicted the boundaries of Carlsbad including the Boulevard, Park, and Poinsettia fires. Wildfires can create risk of injury, death, or financial hardship if personal property is damaged as well as physical damage to all other assets. Wildfires can also result in cascading risks for vulnerable populations, such as when power or communication infrastructure is damaged. Urban Fire Hazards Urban fire risk in Carlsbad is greatest in older structures and neighborhoods built before modern building codes for fire safety and building systems were in place. Other factors affecting urban fire risk and relative likelihood of loss of life or property include building age, height and use; storage of flammable material; building construction materials; availability of sprinkler systems; and proximity to a fire station and hydrants. Peakload Water Supply Requirement The Carlsbad Fire Department requires a minimum flow of water for fire protection in accordance with the adopted amended California Fire Code and the Insurance Services Office standards. Certain standards are based on type of construction, type of use and any built-in fire protection (sprinklers, etc.). There are sites within the city that are in need of fire flow capacity upgrades. As noted in the 2019 Water Master Plan, capital improvement projects regarding pipe upsizing have been identified at several sites in Carlsbad including at Robertson Ranch and within Quarry Creek. There are currently no known water flow pressure or supply deficiencies in Carlsbad. The Carlsbad Fire Marshal reviews proposed projects to ensure adequate fire hydrant locations, water flow pressure, and access for emergency vehicles is provided. Minimum Road Widths and Clearances Around Structures Clear emergency vehicle access to buildings is important. Such access is regulated by the adopted and amended California Fire Code and applicable Carlsbad engineering standards. 6-50 City of Carlsbad 6 Pu b l i c S a f e t y 6.9 Emergency Management and Resilience Coordination and Management Chapter 6.04 of the Carlsbad Municipal Code defines the organization, power and duties of the City of Carlsbad emergency organization. The City of Carlsbad Fire Department’s Office of Emergency Management and Resilience directs, conducts, and implements city-level emergency plans, programs, training, and exercises and coordinates multi-department citywide emergency operations. The strategic focus of the Emergency Management and Resilience program is contained in the mission statement: “To provide leadership to the City of Carlsbad and throughout the whole community to ensure each organization is prepared to prevent, protect against, mitigate, respond to, and recover from all threats and hazards.” By resolution, the city has adopted the State of California Standardized Emergency Management System (SEMS), National Incident Management System (NIMS) and Incident Command System (ICS) as its emergency management systems. The City of Carlsbad Emergency Operations Plan (EOP) establishes processes and procedures for coordinating multi-department and multi-jurisdictional emergency response, defines the city’s organizational emergency response structure, and identifies roles and responsibilities. The city’s EOP identifies the Emergency Operations Center (EOC) as the location from which centralized emergency management would be performed during a large-scale emergency or business disruption. The purpose of the Emergency Operations Center (EOC) is to coordinate and support city-level emergency operations. Primary functions of the EOC include information sharing and resource coordination, public information and public emergency notification, coordination with external agencies and EOCs, and implementation of executive decisions and priorities. All City of Carlsbad employees are disaster service workers, and employees across multiple city departments are trained EOC responders and emergency shelter workers. Emergency preparedness and disaster response information is shared with the public through the City of Carlsbad’s website, emergency mass notification systems, social media including the countywide “emergency” mobile application, and traditional media. Evacuation Routes Carlsbad is a participant in the Unified Disaster Council (UDC) San Diego Operational Area Emergency Operations Plan (September 2022) which contains evacuation routes resulting from a variety of emergencies. Evacuation routes in this document are incorporated by reference in 6-51 General Plan 6 Pu b l i c S a f e t y this General Plan; the document can be accessed at https://www.sandiegocounty.gov/content/dam/sdc/oes/emergency_management/plans/op-area-plan/2022/EOP2022_Complete%20Plan.pdf. Single access points of entry and exit were identified in compliance with SB 99 (see Figure 6-13 and consistent with OPR’s 2022 technical advisory document on Fire Hazard Planning. OPR’s guidance clarifies that cities and counties must identify residential developments with less than two evacuation routes located in any hazard zone considered by the Safety Element. This analysis took a conservative approach and assessed all Carlsbad residential developments for single access entry and exit points, as most of the city is in at least one hazard risk zone. The process to identify the residential developments that have less than two routes that can be used for emergency evacuation in Carlsbad included: 1. Identifying residential neighborhoods based on residential land use designations consistent with the Carlsbad General Plan Land Use Designations Map. 2. Identification of roads that connect to major and minor streets as identified by SANDAG by a single route were identified and marked. 3. The number of assessor parcel number boundaries adjacent to a marked road were counted. In low density residential land use areas with single family homes, the number of parcels with driveway access to the street were counted and included as a single entry/exit neighborhood if there were 30 or more units serviced by the local road. The 30 or more units threshold is consistent with the California Public Resources Code Section 4290.5 which defines subdivision as an existing residential development of more than 30 dwelling units10. 4. Medium and high-density land use areas were evaluated using the same methodology of or more dwelling units. Figure 6-13 identifies multiple residential developments in Carlsbad with a single access point of entry/exit. There are single access neighborhoods located throughout Carlsbad, including one adjacent to coastal hazard zones and six located within or adjacent to city designated Wildland Preplan areas. Wildland Preplan areas are areas within VHFHSZ with existing evacuation plans as determined by the city. Single access points, particularly in wildfire hazard zones, can make emergency evacuations problematic during an emergency, such as a wildfire. 10 Assembly Bill 2911 added Section 4290.5 to the Public Resources Code requiring the California Board of Forestry and Fire Protection to identify existing subdivisions with more than 30 dwelling units located in the State Responsibility Area or Local Responsibility Area Very High Fire Hazard Severity Zone without a secondary means of egress route that are at significant fire risk. 6-52 City of Carlsbad 6 Pu b l i c S a f e t y Figure 6-13 also illustrates the major evacuation routes within Carlsbad, including the routes outlined by the Police Department Evacuation Plans developed in 2011 identified in Table 6–3. The map of evacuation routes is further organized by Wildland Preplans in Carlsbad including Hosp Grove, Calavera Hills, Sunny Creek Road, Box Canyon, Dank Tank, and Green Valley. Additional evacuation routes identified in these preplan areas include connections to Interstate 5 from Sunny Creek Road, Rancho Santa Fe Road, La Costa Avenue, Levante St-El Camino Real, Calle Barcelona-Leucadia Boulevard, and Palomar Airport Road/West San Marcos Boulevard. TABLE 6–3: POLICE DEPARTMENT EVACUATION PLANS (2011) EVACUATION PLAN FOR WILDLAND PREPLAN AREAS EVACUATION ROUTE(S) Old Carlsbad (Beats 1,2 & 3 • Carlsbad Village Drive to I-5 • Las Flores to I-5 • Tamarack Avenue to I-5 • Cannon to I-5 • Jefferson Street to Highway 78 Calavera Area (Beat 4) • Carlsbad Village Drive to El Camino Real • College Boulevard to Highway 78 • Carlsbad Village Drive to I-5 • Tamarack Avenue to I-5 • El Camino Real to Cannon Road to I-5 Industrial Core Area (Beat 5) • W/B Cannon to I-5 or E/B Cannon to El Camino Real. • W/B Faraday to Cannon to I-5 or E/B Faraday to El Camino Real to Melrose. • W/B Palomar Airport Rd to I-5 or E/B Palomar Airport Rd. to El Camino Real to Melrose and beyond. La Costa – Olivenhain Area • La Costa Ave. to I-5 • Rancho Santa Fe Road to Olivenhain Road to Leucadia Blvd. to I-5 • Levante St. to El Camino Real to La Costa Ave. to I-5 • Calle Barcelona to Leucadia Blvd. to I-5 Poinsettia West Area (Beat 6 & 7) • Aviara Parkway to I-5 • El Camino Real to Palomar Airport Rd. • El Camino Real to La Costa Ave • El Camino Real to Poinsettia Ln. Poinsettia East Area (Beat 6/7 East) • Melrose Drive to Palomar Airport Road/Rancho Santa Fe. • El Fuerte to Palomar Airport Rd./Alga Rd. • Alicante to Poinsettia Ln./Alga Rd • El Camino Real to Palomar Airport Rd./La Costa Ave. • Palomar Airport Rd. to I-5/Business Park • Poinsettia Ln. to Alga Rd. or El Camino Real • Alga to Aviara Parkway/El Camino Real/Melrose Dr. 6-53 Figure 6-13 Single Access Roads 6-54 6 Pu b l i c S a f e t y City of Carlsbad This page intentionally left blank. 6-55 General Plan 6 Pu b l i c Sa f e t y Evacuation capacity, safety, and viability were analyzed in compliance with AB 747. The evacuation routes identified in Table 6–3 include a citywide network of arterial roadways with a maximum capacity of 1,800 vehicles per hour per lane that can be utilized in unique combinations to provide effective transportation during a range of emergency scenarios. Dependent on the type and location of the emergency, evacuation locations include the Pine, Stagecoach, and Calavera Hills community centers. The performance standard for the city’s circulation system is guided by the General Plan Mobility Element as follows:  Implementing Policy 3-P.4: Implement the city’s Multi-modal Level of Service methodology and maintain Level of Service D or better for each mode of travel for which the Multi-modal Level of Service standard is applicable…. The greatest threat to the capacity of identified evacuation routes is either an existing low volume design and/or over capacity utilization, typically associated with peak hour commute trips. Critical points would include intersections of major arterials, at-grade railroad crossings, and freeway interchanges. Identified evacuation routes constrained due to low volume design (two lane roadways) include:  Las Flores Drive  Levante Street  Jefferson Street Morning/evening peak hour congestion, represented as failing level of service and documented in the Fiscal Year 2021-22 Growth Management Plan Monitoring Report Circulation Section in 2022, affects the following evacuation route segments:  Palomar Airport Road between Avenida Encinas and Paseo del Norte (interchange at I-5)  Cannon Road between Avenida Encinas and Paseo del Norte (interchange at I-5)  El Camino Real between Marron Road and the border with Oceanside (interchange at SR 78)  Palomar Airport Road between El Fuerte Street and Melrose Drive  El Camino Real between Cannon Road and College Boulevard  El Camino Real between Aviara Parkway and La Costa Avenue  La Costa Parkway between I-5 and El Camino Real The identified evacuation network is generally free from constraint due to physical hazards during emergencies. Over the past 20 years, only minor impacts to evacuation routes have been experienced in the form of flooding, 6-56 City of Carlsbad 6 Pu b l i c S a f e t y fire hazard, landslide, hillside collapse, downed trees/overhead utilities, etc. Even though multiple routes include either overpasses or underpasses, the threat of constraint from these features is low given the relatively young age of the infrastructure and lack of structural issues to date. None of the identified evacuation routes experiences regular or chronic constraints that would present a vulnerability to that route or the network as a whole. The City of Carlsbad has emergency operations plans and mutual aid agreements with other responsive agencies that can, to a large extent, utilize the roadway network effectively through operational changes to maximize existing capacity in the most effective manner. 6-57 General Plan 6 Pu b l i c S a f e t y 6.10 Climate Change Climate change is already having, and will continue to have, myriad adverse impacts on the Earth’s natural and built systems, resources, and the human populations that rely on them. While climate change is a global phenomenon, the effects will vary locally based on the natural and built environment and systems in place. Generally, climate change is anticipated to amplify existing hazards including but not limited to extreme heat, drought, wildfires, landslides, flooding, sea level rise, and air quality. The City of Carlsbad prepared a Climate Change Vulnerability Assessment (CCVA) which is available on the city website at this link: https://www.carlsbadca.gov/departments/community-development/planning/general-plan/related-documents/-folder-769. The CCVA assesses how the community and natural and built assets in Carlsbad are vulnerable to climate change. In Carlsbad, climate conditions and associated natural hazards are expected to change in the following ways:  Extreme heat: Extreme heat days occur when the maximum temperature is above 92.5°F. The annual number of extreme heat days is projected to increase by as much as 22 days per year by 2100.  Drought: Climate change will increase the likelihood that low-precipitation years will coincide with above-average temperature years. Warming temperatures increase seasonal dryness and the likelihood of drought due to decreased supply of moisture and increased atmospheric demand for moisture as evaporation from bare soils and evapotranspiration from plants increases.  Wildfire: Carlsbad is expected to experience an increase in the number of days with extreme wildfire risk, from 14 days annually to 63 days by mid-century and 113 days by end-century.  Landslides: Triggered by extreme bouts of precipitation on wildfire burn scars, the susceptibility of the larger San Diego region to landslides is projected to increase as precipitation variability increases and wildfires increase in frequency, area, and severity.  Riverine and Stormwater Flooding: Climate change may cause low-lying areas throughout Carlsbad to experience more frequent flooding and could increase the extent of 100-year floods.  Air Quality: Due to extended droughts, more frequent wildfires, increased ambient temperatures, and sporadic natural filtrations of fog and wind air quality in Carlsbad may decline significantly. 6-58 City of Carlsbad 6 Pu b l i c S a f e t y  Sea Level Rise: The Carlsbad Sea Level Rise Vulnerability Assessment anticipates 1.6 feet of sea level rise by 2050 and 6.6 feet of sea level rise by 2100. Impacts to coastal assets are described in detail under Section 6.3. Though climate change affects everyone in a community, not all people are impacted equally. For example, historically disadvantaged communities, people of color, outdoor workers, elderly and very young community members, lower-income populations, and those with chronic health conditions tend to experience increased exposure and/or physiological sensitivity to climate hazards and a reduced capacity to adapt.11 As recommended by the California Adaptation Planning Guide several data sources and tools were used in evaluating both population and climate hazard vulnerabilities including the U.S. Census 2015-2019 American Community Survey, Cal-Adapt, California’s Fourth Climate Change Assessment, The California Healthy Places Index, and CalEnviroScreen 4.0. The following vulnerable populations have been identified in Carlsbad consistent with the California Adaptation Planning Guide and the Southern California Adaptation Planning Guide:  Individuals with High Outdoor Exposure, including outdoor workers and people experiencing homelessness, face disproportionate direct exposure to climate hazards, causing them to be extremely vulnerable to the effects of climate change.  Under-resourced individuals often do not have access or the ability to afford resources needed to prepare for, cope with, and recover from climate change impacts. Individuals who are unemployed or are low-income often face financial barriers when preparing for and recovering from climate change hazards. Individuals in these groups often live in homes that are less protected against climate hazards.  Individuals Facing Societal Barriers also face additional impacts of climate change. Non-white individuals are more likely to live in high hazard risk areas and less likely to be homeowners, which leaves them vulnerable to climate hazards.  Individuals with chronic health conditions or health related sensitivities are socially and physiologically vulnerable to climate change impacts and hazards. Older adults and individuals with disabilities may have limited or reduced mobility, mental function, or communication abilities, making it difficult to evacuate during or prepare for a climate hazard 11 The California Adaptation Planning Guide describes factors that contribute to disproportionate impacts from climate change: “There are many reasons why some groups of people are more susceptible to climate related hazards—limited access to financial resources, health challenges or disabilities (physical, cognitive, behavioral, and all other forms), living or working conditions that result in greater exposure to hazard events, physical or social isolation, historical and current marginalization or deprivation of resources, and reduced agency or ability to make decisions. These are all factors that can lead to a greater potential for harm, and many people fall into more than one category.” (Page 62) 6-59 General Plan 6 Pu b l i c S a f e t y event. They may also have medical needs for electricity which may be impacted during a public safety power shutoff or climate hazard event. Natural and recreational resources, buildings and facilities, and infrastructure and critical services are also vulnerable to the effects of climate change and were evaluated in detail in the Climate Change Vulnerability Assessment:  Natural resources are highly vulnerable to extreme heat, drought, wildfire, flooding, and sea level rise. Vulnerability for natural resources includes the risk of habitat conversions and damage, mortality, and scarcity of resources for plants and wildlife.  Buildings and facilities in the city are highly vulnerable to sea level rise (detailed discussion provided in Section 6.3). Buildings and facilities located in inundation zones are at risk of structural damage from sea level rise. Several facilities are in the wildfire hazard severity zones of Carlsbad. These buildings and facilities are at risk of structural damage from wildfire.  Infrastructure and dependent populations experience additional cascading impacts around power outages from downed utility lines, power safety shut offs and grid overload. All forms of power outages can affect how critical services are able to perform their needed functions during a hazard. Infrastructure and critical services are also highly vulnerable to extreme heat, flooding, and air quality Table 6–4 below summarizes each asset grouping’s highest vulnerabilities by hazard along with corresponding policies that address the primary vulnerabilities in the Goals and Policies section. 6-60 City of Carlsbad 6 Pu b l i c S a f e t y TABLE 6–4: CLIMATE CHANGE VULNERABILITY ASSESSMENT HIGH VULNERABILITY FINDINGS CLIMATE HAZARD IMPACT SCORE ADAPTIVE CAPACITY SCORE VULNERABILITY SCORE CORRESPONDING POLICY Vulnerable Populations Extreme Heat High Medium 4-High 6-P.85 Wildfire High Medium 4-High 6-P.55, 6-P.66 6-P.79 Riverine and Stormwater Flooding Medium Low 4-High 6-P.1, 6-P.6 Air Quality High Low 5-High 6-P.82, 6-P.84, 6-P.85, 6-P.88 Sea Level Rise High Medium 4-High 6-P.79 Natural and Recreational Resources Extreme Heat High Low 5-High 6-P.80 Drought High Low 5-High 6-P.80, 6-P.81 Wildfire High Medium 4-High 6-P.80 Riverine and Stormwater Flooding High Medium 4-High 6-P.12 Air Quality Medium Low 4-High 6-P.81 Sea Level Rise High Medium 4-High 6.P.13 Buildings and Facilities Extreme Heat/Warm Nights Medium Low 4-High 6-P.84, 6-P.89 Sea Level Rise Medium Low 4-High 6-P.13 Infrastructure and Critical Facilities Extreme Heat High Low 5-High 6-P.89, 6-P.90 Drought High Medium 4-High 6-P.51 Riverine and Stormwater Flooding High Low 5-High 6-P.5, 6-P.89 Air Quality High Low 5-High 6-P.85, 6-P.89 Sea Level Rise Medium Low 4-High 6-P.13 Local actions can help to mitigate the additional risks associated with climate change and increase community resilience. Cities that plan now will have the best options for adapting to climate change. Carlsbad is currently preparing a comprehensive update to its Climate Action Plan (CAP), which is a roadmap identifying specific actions the city and its partners intend to take to reduce local greenhouse gas emissions. Implementation of the policies in the Public Safety Element and the measures and actions in the CAP are complementary and mutually beneficial, working to both reduce the city’s carbon contributions and increase its resilience in the face of worsening climate change impacts. The city has a long history of taking action to reduce the effects of climate change by cutting local greenhouse gas emissions, beginning with the adoption of the city’s first Climate Action Plan in 2015. Since that time, the city has been active in implementing sustainability programs envisioned by the CAP, including steps being taken by the Sustainable Materials Management division to divert and reduce waste, 6-61 General Plan 6 Pu b l i c S a f e t y the Watershed Protection division to protect water resources, and the Habitat Management division to increase protection of natural habitats. As Carlsbad expands existing efforts in planning and implementation for responding to climate change, an opportunity exists to create stronger, more equitable communities for everyone. Many of the actions needed to reduce the impacts of climate change will provide additional co-benefits to the community, including but not limited to increased public safety and public health, reduced greenhouse gas emissions, and greater economic stability. 6-62 City of Carlsbad 6 Pu b l i c S a f e t y 6.11 Goals and Policies Goals 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, sea-level rise, hazardous material release, or seismic disasters. 6-G.2 Minimize safety hazards related to aircraft operations in areas around the McClellan-Palomar Airport. 6-G.3 Maintain safety services that are responsive to citizens’ needs to ensure a safe and secure environment for people and property in the community. 6-G.4 Minimize safety hazards related to emergency service, automobile, bicycle and pedestrian access across the railroad. 6-G.5 Adequately prepare for climate change-related hazards, including but not limited to sea-level rise, extended drought, extreme heat, and more frequent and severe flooding, extreme weather, and wildfires. Policies Flooding Hazards 6-P.1 Enforce the Cobey-Alquist Floodplain Management Act and the city’s Floodplain Management Regulations to prohibit construction of structures in a designated floodway where such development would endanger life or significantly restrict the carrying capacity of the designated floodway; and to regulate development within other areas of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such development does not adversely affect public health and safety due to water and erosion hazards, or result in damaging increases in erosion, flood height or velocities. 6-P.2 Continue to implement and pursue flood control programs that reduce flood hazards, such as the city’s Grading Ordinance and the Floodplain Management Regulations. 6-P.3 Cooperate and coordinate with federal, state and local jurisdictions, and agencies involved in the mitigation of flood hazards from dam inundation, tsunamis, sea level rise, and major flood events. 6-P.4 Require all proposed public drainage facilities to comply with the city’s Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions. Incorporate updated hydrology and hydraulic data as it becomes available. 6-63 General Plan 6 Pu b l i c S a f e t y 6-P.5 Require installation of protective structures or other design measures to protect proposed building and development sites, existing infrastructure, and critical services from the effects of flooding. Utilize, where possible, nature-based solutions and pervious pavement to assist in protection. 6-P.6 Encourage the use of permeable materials and surfaces in new development and road repaving to decrease surface water runoff during storms. 6-P.7 Promote the use of green infrastructure such as swales to manage stormwater runoff. 6-P.8 Enforce the requirements of Carlsbad Municipal Code Titles 15, 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. 6-P.9 Comply with all requirements of the California Department of Water Resources’ Division of Safety of Dams and California Office of Emergency Services to ensure dam safety and adequate flood incident preparedness and response. 6-P.10 Comply with Federal Emergency Management Agency (FEMA) requirements to identify flood hazard areas and control development within these areas in order for residents to qualify for federal flood insurance. Cooperate with FEMA on shoreline flooding hazards and other mapping efforts. 6-P.11 Provide language-accessible materials to vulnerable populations on flood hazard exposure and available resources. Identify and improve access to flood mitigation and adaptation related services for vulnerable populations including evacuation-based transportation, home improvements, and resources to combat cascading impacts of negative economic and health impacts. 6-P.12 Monitor and research the potential impacts of climate change and flooding on local habitat and wildlife. Sea Level Rise Hazards 6-P.13 Regulate new development, redevelopment and lot creation, which requires a coastal development permit, to avoid exposure to sea level rise hazards such as erosion, flooding, inundation, groundwater changes and shoreline migration throughout the lifespan of the proposed development. 6-P.14 Encourage development projects to deposit dredge spoils on the beach if the material is suitable for sand replenishment and is consistent with environmental protection policies. 6-P.15 Give priority to non-structural shoreline protection options and limit or prohibit hard shoreline protective devices. 6-64 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.16 Require removal or relocation of structures away from sea level rise hazards if public health and safety risks exist, if essential services can no longer be maintained, if the structures are no longer on private property due to migration of the public trust boundary, or if the development requires new or augmented shoreline protective devices that would not otherwise be permitted. 6-P.17 Develop sea level rise adaptation plans for assets vulnerable to sea level rise. 6-P.18 Collaborate with other local, regional, state, and federal entities to monitor sea level rise impacts and promote restoration or enhancement of natural ecosystems. 6-P.19 Continue to build community awareness about sea level rise hazards and future vulnerabilities. Geology and Seismicity 6-P.20 Allow for consideration of seismic and geologic hazards at the earliest possible point in the development process, preferably before comprehensive engineering work has commenced. 6-P.21 Maintain geotechnical report guidelines identifying specific requirements for various levels of geotechnical evaluation, including reconnaissance studies, preliminary geotechnical investigation reports, and as-graded geotechnical reports. 6-P.22 Use information in Figure 6-5 as a generalized guideline for planning purposes and in determining the type and extent of geotechnical report to be required for a proposed development project. When a geotechnical report is required, submission of the report and demonstration that a project conforms to all mitigation measures recommended in the report prior to city approval of the proposed development (as required by state law). 6-P.23 Require a geotechnical investigation and report of all sites proposed for development in areas where geologic conditions or soil types are susceptible to liquefaction. Also require demonstration that a project conforms to all mitigation measures recommended in the geotechnical report prior to city approval of the proposed development (as required by state law). 6-P.24 Prohibit location of critical structures directly across known earthquake faults unless a geotechnical and/or seismic investigation is performed to show that the earthquake fault is neither active nor potentially active. 6-P.25 Require applicants to conduct detailed geologic and seismic investigations at sites where the construction of critical structures (high-occupancy structures and those that must 6-65 General Plan 6 Pu b l i c S a f e t y remain in operation during emergencies) and structures over four stories are under consideration. 6-P.26 In accordance with California state law, deny subdivision maps if a project site is not physically suitable for either the type or density of a proposed development because of specific, adverse impacts on public health and safety conditions, such as geologic, seismic, or other hazards and there is no feasible method to satisfactorily mitigate or avoid such adverse impacts. 6-P.27 Require qualified geotechnical engineering professionals to review grading plans and inspect areas of excavation during and after grading, to evaluate slope stability and other geotechnical conditions that may affect site development and public safety. In areas of known or suspected landslides and/or adverse geologic conditions, the following determinations should be made: extent of landslide, depth-to-slide plane, soil types and strengths, presence of clay seams and ground water conditions. 6-P.28 Continue to regulate development, including remodeling or structural rehabilitation, to ensure adequate mitigation of safety hazards on sites having a history or threat of seismic dangers, erosion, subsidence, or flooding. 6-P.29 Regularly inspect locations with high landslide susceptibility directly following major storm and atmospheric events. 6-P.30 Develop mitigation strategies for new areas deemed at risk to slope instability by considering the risks associated with climate change impacts which are anticipated to cause more frequent landslides from more extreme and frequent rain events and wildfires. 6-P.31 Minimize risks from landslides by requiring new development to be sited outside of hazard areas, when possible, and to incorporate design that minimizes the potential for damage. Airport Hazards 6-P.32 Ensure that development in the McClellan-Palomar Airport Influence Area is consistent with the land use compatibility policies contained in the McClellan-Palomar Airport Land Use Compatibility Plan. See also policies in the Land Use and Community Design Element related to McClellan-Palomar Airport. Railroad Hazards 6-P.33 Gather historic incident data from police reports regarding pedestrian/bicycle and train incidents to develop a better understanding of the conditions resulting in collisions. Evaluate if there are any common factors, such as time, location, population group, point of entry and exit, and determine if there 6-66 City of Carlsbad 6 Pu b l i c S a f e t y are underlying causes contributing to the incidents. Evaluate a program to address underlying issues and the potential effectiveness of the program. 6-P.34 Coordinate with other agencies and private entities to investigate methods of improving service safety along and across the rail corridor, such as through development of a grade separated rail corridor that includes grade separated street crossings at Grand Avenue, Carlsbad Village Drive, Tamarack Avenue and Cannon Road, as well as new pedestrian and bicycle crossings at Chestnut Avenue, the Carlsbad Village and Poinsettia COASTER stations, and other appropriate locations. See also policies in the Mobility and Noise Elements related to the railroad. Soils and Hazardous Materials 6-P.35 Limit hazards associated with the manufacture, use, transfer, storage and disposal of hazardous materials and hazardous wastes through enforcement of applicable local, county, state and federal regulations. 6-P.36 Coordinate with the County of San Diego and use the San Diego County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) as a guide for implementing actions to reduce hazardous waste impacts. 6-P.37 Regulate locations for the manufacture, storage, and use of hazardous materials within the city through implementation of Carlsbad Municipal Code Title 21 (Zoning Ordinance). 6-P.38 Regulate development on sites with known contamination of soil and groundwater to ensure that construction workers, future occupants, and the environment as a whole, are adequately protected from hazards associated with contamination, and encourage cleanup of such sites. Provide documentation that development sites are not impacted by former/current site uses, including but not limited to, agricultural chemicals, aerially deposited lead, common railroad contaminants, and hazardous material storage and/or use. 6-P.39 Provide hazardous materials emergency incident responses. Coordinate such responses with applicable federal, state and county agencies. 6-P.40 Maintain regulations that require proper storage and disposal of hazardous materials to reduce the likelihood of leakage, explosions, or fire, and to properly contain potential spills from leaving the site. 6-67 General Plan 6 Pu b l i c S a f e t y 6-P.41 Enhance and expand the use of desilting/pollutant basins to function as hazardous material spill control facilities to prevent the spread of contaminants to downstream areas. 6-P.42 Support public awareness and participation in household hazardous waste management, solid waste, and recycling programs. Police, Fire and Emergency Management 6-P.43 Maintain adequate Police and Fire Department staff to provide adequate and timely response to all emergencies according to department standards, as well as continuous community outreach providing education for emergency situations. 6-P.44 Encourage physical planning and community design practices that deter crime and promote safety. 6-P.45 Maintain close coordination between planned improvements to the circulation system within the city and the location of fire stations to assure adequate levels of service and response times to all areas of the community. 6-P.46 Consider site constraints in terms of hazards and current levels of emergency service delivery capabilities when making land use decisions. In areas where population or building densities may be inappropriate to the hazards present, take measures to mitigate the risk of life and property loss. 6-P.47 Coordinate the delivery of fire protection services through auto aid and mutual aid agreements with other agencies when appropriate. 6-P.48 Enforce the most current California Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. 6-P.49 When future development is proposed to be placed in fire hazard severity zones and/or adjacent to fire hazard severity zones, require applicants to comply with the city’s adopted Landscape Manual, which includes requirements related to fire protection, and calls for preparation of a fire protection plan when a proposed project contains or is bounded by hazardous vegetation or is within an area bounded by a Very High Fire Hazard Severity Zone, or as determined by the Fire Code official or their representative. Wildfires 6-P.50 Coordinate with Carlsbad Municipal Water District, Olivenhain Municipal Water District, and Vallecitos Water District to ensure that water pressure for existing developed areas is adequate for firefighting purposes during the season and time 6-68 City of Carlsbad 6 Pu b l i c S a f e t y of day when domestic water demand on a water system is at its peak. 6-P.51 Permit development only within areas that have adequate water resources available, to include water pressure, onsite water storage, or fire flows. 6-P.52 Maintain and implement Wildland/Urban Interface Guidelines for new and existing development within neighborhoods that are proximal to existing fire hazard severity zones. Decrease the extent and amount of edge or wildland urban interface where development is adjacent to fire hazard severity zones. 6-P.53 Use strategies, such as community organization volunteer partnerships and environmentally friendly fuel reduction and weed abatement approaches, as prevention measures to minimize the risk of fires. Engage in fire hazard reduction projects, including community fuel breaks and private road and public road clearance. 6-P.54 To increase resistance of structures to heat, flames, and embers, review current building code standards and other applicable statutes, regulations, requirements, and guidelines regarding construction, and specifically the use and maintenance of non-flammable materials (both residential and commercial). Promote the use of building materials and installation techniques beyond current building code requirements, to minimize wildfire impacts as well as fire protection plans for all development. 6-P.55 In planned developments that may occupy the wildland urban interface, High and Very High Fire Hazard Severity Zones, increase resilience during a potential wildfire evacuation through: • Enforcing visible address numbers painted on sidewalks. • Applying special construction features found in California Building Code Chapter 7A for developments in Very High Fire Hazard Severity Zones & High Fire Hazard Severity Zones areas. • Developing and/or adapting multiple language accessible materials for how to prepare your family and home for an evacuation and go kit. • Identifying and preparing at risk and vulnerable populations that may need assistance to evacuate. • Maintaining existing critical evacuation routes, community fuel breaks, emergency vehicle access. • Requiring adequate access (ingress, egress) to new development, including safe access for emergency response vehicles 6-69 General Plan 6 Pu b l i c S a f e t y • Identification of anticipated water supply for structural fire suppression. • Developing fuel modification plans for all new developments. 6-P.56 Evaluate soils and waterways for risks from flooding, water quality, and erosion to ensure that they are suitable to support redevelopment following a large fire. 6-P.57 In the event of a large fire, evaluate re-development within the impacted fire zone to conform to best practice wildfire mitigation. 6-P.58 Coordinate with telecommunication service entities and the San Diego County Communication Department to fire-harden communications. 6-P.59 Limit new development along steep slopes and amidst rugged terrain to limit rapid fire spread and increase accessibility for firefighting. 6-P.60 Develop and implement density management strategies that cluster residential developments and minimize low-density exurban development patterns to reduce amounts of flammable vegetation and collective exposure to wildfire risk. When feasible, require new residential development to be located outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Should new residential development be located in VHFHSZ’s, then require that it be built to the current California Building Code and Fire Code. 6-P.61 When feasible, site new critical facilities outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Protect and harden critical facilities from natural hazards and minimize interruption of essential infrastructure, utilities, and services. 6-P.62 Site structures to maximize low-flammability landscape features to buffer against wildfire spread. 6-P.63 Require that new development and redevelopment have adequate fire protection, including proximity to adequate emergency services, adequate provisions for fire flow and emergency vehicle access and fire hardened communication, including high speed internet service. 6-P.64 Ensure that the Carlsbad Fire Department has complete access to all locations in the city, including gated residential communities and critical infrastructure. 6-P.65 Coordinate with San Diego Gas & Electric to implement an electrical undergrounding plan with a focus on critical evacuation roadways and areas with highest wildfire risk. 6-70 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.66 Provide fire hazard education and fire prevention programs to Carlsbad residents and businesses with targeted outreach to vulnerable populations and occupants of Moderate, High, and Very High Fire Hazard Severity Zones neighborhoods and/or single access neighborhoods. 6-P.67 Prioritize engagement with single access neighborhoods to encourage home retrofits to meet current standards on structure hardening and road standards, proactively enforce defensible space standards, and conduct emergency preparedness trainings. 6-P.68 Continue to maintain and update the city’s Water Master Plan to identify and secure resources to meet future fire suppression needs and require future development to provide the water system improvements necessary to meet their demands. 6-P.69 Continue to maintain/contribute to updates to the Urban Area Security Strategy and the MJHMP to identify and prepare for future emergency service needs. For fire preparedness, continue to prepare a Standards of Coverage study to evaluate risks and prepare recommendations to mitigate those risks. Emergency & Evacuation Preparedness 6-P.70 Implement and maintain the City of Carlsbad Emergency Operations Plan, the Multi-jurisdictional Hazard Mitigation Plan (MJHMP), and other relevant emergency plans, policies, and procedures. 6-P.71 Promote public awareness of potential natural and man-made hazards, measures that can be taken to protect lives and property. 6-P.72 Inform the public and contractors of the danger involved and the necessary precautions that must be taken when working on or near pipelines or utility transmission lines. 6-P.73 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. 6-P.74 Maintain roadways that are likely to function as key evacuation routes. 6-P.75 Provide resources to City of Carlsbad staff regarding appropriate emergency preparedness and response activities as well as designed roles and responsibilities as Disaster Service Workers. Conduct routine trainings for all-hazards emergency preparedness and response. 6-P.76 Facilitate restriction of parking, construction permits, or right-of-way encroachment permits on high fire days in 6-71 General Plan 6 Pu b l i c S a f e t y neighborhoods in and near fire hazard zones and along critical evacuation routes. 6-P.77 Facilitate restriction of parking, construction permits or right-of-way encroachment on days with potential storm surges, atmospheric rivers, and king tide days in neighborhoods in and near flood hazard zones and along critical evacuation routes. 6-P.78 Develop and maintain emergency evacuation capabilities in conjunction with regional partners and regional plans such as the San Diego County Emergency Operations Plan. 6-P.79 Continue to communicate to the public on essential resources and procedures through a variety of communication tools and in multiple languages on topics including: • Education on the California Standard Statewide Evacuation Terminology. • Emergency evacuation checklists for residents. • Creation and education of the public on evacuation maps. • Available transportation services. • Evacuation shelter and support service options. Extreme Heat, Air Quality, and Drought 6-P.80 Protect vulnerable natural and recreational habitats and parks impacted by extreme heat through expansion of large continuous greenspaces wherever possible for greater cooling magnitude and extent. Include: • A mix of drought tolerant and native habitat types for greatest cooling benefits. • Mitigation of risk of dried out vegetation and wildfire risk through drought tolerant and wildfire resilient landscaping on private property. • Facilitate mitigation projects through Carlsbad Habitat Management Division 6-P.81 Identify opportunities and expand the City’s Landscape Manual to increase urban tree canopy and maintenance projects in coordination with existing efforts including the adopted Community Forest Management Plan. 6-P.82 Coordinate with San Diego County Public Health Services and local community organizations to establish extreme heat, drought, and air quality monitoring systems and develop accessible community education resources to prepare community members for increase extreme heat events and ambient air pollution. 6-72 City of Carlsbad 6 Pu b l i c S a f e t y 6-P.83 Seek grant funding to pilot a project to install a cool roof on a city facility or cool pavement as part of a roadway project to showcase benefits to community members and local builders. 6-P.84 Encourage weatherization retrofits of private properties and retrofit all critical facilities with adequate cooling and air filtration in conjunction with the Carlsbad Climate Action Plan. Partner with the Home Energy Score Assessment program to facilitate retrofits. See also policies in the Sustainability Element and Open Space, Conservation, and Recreation Element for policies related to Mitigating Drought, Urban Heat, and Green Infrastructure Climate Change Governance Capacity 6-P.85 Broaden functions of cool zones to address a greater variety of needs as resilience hubs facilitating health, food, medical, and emergency services during climate hazards such as extreme heat events, flooding, wildfires, and poor air quality events. 6-P.86 Seek funding to plan and implement microgrids, cool roofs, resilience hubs, and other similar technology in areas with vulnerable populations. 6-P.87 Explore a climate equity analysis to prioritize programs that ensure the benefits of Environmental Sustainability programs are equitably distributed and prioritized to those most in need. 6-P.88 Distribute information on climate change impacts to the entire community with adapted communications for vulnerable populations, including but not limited to actions they can take to reduce exposure to unhealthy conditions associated with flood damaged properties, extreme heat, and bad air quality days. Increase the capacity/resilience of these populations by ensuring they have a role in decision-making surrounding climate change in their communities 6-P.89 Expand the resilience of new and existing critical buildings and infrastructure to function properly while subject to increased climate hazard frequency such as flooding, extreme heat, regional wildfires, and landslides. 6-P.90 Partner with utility companies and/or community choice energy entities to improve grid resilience and backup power for the community including but not limited to utility and/or community choice energy entity activities that seek to: • Harden vulnerable overhead lines against winds and wildfires; • Protect energy infrastructure and increase redundancy of energy storage and distribution systems in surrounding hazard zones for wildfire; 6-73 General Plan 6 Pu b l i c S a f e t y • Invest in sustainable power sources to provide redundancy and continued services for critical facilities during periods of high demand during extreme heat events; and • Continue exploring the feasibility of installing microgrids, battery storage, or other local energy storage options. 6-P.91 Develop a checklist for adaptation-based design features and assessment of needed retrofits for critical facilities. See also policies in the Sustainability Element related to Climate Change 6-74 City of Carlsbad 6 Pu b l i c S a f e t y This page intentionally left blank. Attachment D LCPA 2022-0015 HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT Section B. 1. (3) (b) of the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program land use plan is amended to read as follows: (b)Upland (approximately 240 acres) is designated for a combination of Residential (R-15 – 11.5-15 du/ac and R-23 – 19-23 du/ac), Regional Commercial (R), and Open Space uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Carlsbad General Plan. Jan. 30, 2024 Item #2 Page 95 of 157 Exhibit 7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE AND ZONING MAP, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, TO IMPLEMENT PORTIONS OF OBJECTIVES B, C, AND D OF HOUSING ELEMENT PROGRAM 1.1 (PROVIDE ADEQUATE SITES TO ACCOMMODATE THE REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)), AND OBJECTIVE B OF HOUSING ELEMENT PROGRAM 1.3 (ALTERNATIVE HOUSING) FOR MAP 2 (ALL SITES EXCLUDING SITES 3, 8 AND 15) CASE NAME: HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE CASE NO: ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 (PUB 2022- 0010) WHEREAS, the City Council adopted an update to the General Plan Housing Element on April 6, 2021; and WHEREAS, on July 13, 2021, the State Department of Housing and Community Development certified the city’s adopted Housing Element as being in substantial compliance consistent with state housing law; and WHEREAS, the certified Housing Element contains programs, further broken down into objectives, that identify specific actions the city must implement on an ongoing basis or by specific due dates; and WHEREAS, to implement Housing Element Program 1.1 (Provide Adequate Sites to Accommodate RHNA), and specifically objectives 1.1 b., 1.1 c. and 1.1 d.; and to implement Housing Element Program 1.3 (Alternative Housing), and specifically objective 1.3 b., the City Planner has prepared amendments to the Zoning Ordinance and Zoning Map (Title 21 of the Carlsbad Municipal Code) and to the Local Coastal Program (ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, on October 18, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; and WHEREAS the Planning Commission adopted Planning Commission Resolutions 7498 and 7499 recommending to the City Council that ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 be approved; and WHEREAS, as required by state law, a six-week notice of availability was issued for LCPA 2022- 0015 from October 13, 2023 to November 24, 2023, and no comments were received; and Jan. 30, 2024 Item #2 Page 97 of 159 WHEREAS, on December 7, 2023, the Airport Land Use Commission reviewed and found that the proposed Zone Code Amendment is conditionally consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan; and WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015; and 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, including written public comments, if any, related to ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolution shall also constitute the findings of the City Council. 3. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, and the Local Coastal Program Zoning Map are amended as shown on the maps marked “Exhibit ZC 2022-0001/LCPA 2022-0015” dated October 18, 2023, attached hereto as Attachment A and made a part hereof. 4. That Ordinance CS-432 as adopted by the City Council on September 27, 2022, is pending Coastal Commission review and is incorporated into this ordinance. 5. That Section 21.16.010 A.1. of the Carlsbad Municipal Code is amended to read as follows: 21.16.010 Intent and purpose. A. The intent and purpose of the R-3 multiple-family residential zone is to: 1. Implement the R-15 (Residential 11.5-15 du/ac) and R-23 (Residential 19-23 du/ac) land use designations of the Carlsbad general plan; and 6. That Section 21.18.010 A.1. of the Carlsbad Municipal Code is amended to read as follows: 21.18.010 Intent and purpose. A. The intent and purpose of the R-P residential-professional zone is to: 1. Implement the office and related commercial (O), R-15 (Residential 11.5-15 du/ac) and R- 23 (Residential 19-23 du/ac) land use designations of the Carlsbad general plan; 7. That Section 21.22.010 A. 1. of the Carlsbad Municipal Code is amended to read as follows: Jan. 30, 2024 Item #2 Page 98 of 159 21.22.010 Intent and Purpose. A. The intent and purpose of the R-W residential waterway zone is to: 1. Implement the R-23 (Residential 19-23 du/ac) land use designation of the Carlsbad general plan; 8. That Section 21.24.010 A.1 of the Carlsbad Municipal Code is amended to read as follows: 21.24.010 Intent and purpose. A. The intent and purpose of the RD-M residential density-multiple zone is to: 1. Implement the R-8 (Residential 4-8 du/ac), R-15 (Residential 11.5-15 du/ac), R-23 (Residential 19-23 du/ac), R-30 (Residential 26.5-30 du/ac), R-35 (Residential 32.5-35 du/ac) and R-40 (Residential 37.5-40 du/ac) land use designations of the Carlsbad general plan; and 9. That the following use listings from Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows: Use P CUP Acc Dwelling, one-family (see notes 2, 3 and 7 below) (defined: Section 21.04.125) X Dwelling, two-family (see note 7 below; defined: Section 21.04.130) X Dwelling, multiple-family (see note 7 below; if the multiple-family dwelling is not subject to note 7, it shall be subject to Section 21.53.120 if more than 4 units are proposed; defined: Section 21.04.135) X 10. That the notes following Table A of Section 21.24.020 of the Carlsbad Municipal Code are amended to read as follows by the revision of note 3 and the addition of note 7. Notes: 3. Within the R-15, R-23, and R-30 land use designations, one-family dwellings are permitted when developed as two or more detached units on one lot provided the minimum density of the designation can be attained. In the R-35 and R-40 land use designations, one family dwellings are not permitted. Also, a single one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and zoned for residential use, unless the lot has been rezoned by the City Council to meet RHNA requirements as detailed in the programs of the Housing Element, in which case it shall meet the minimum density of the designation. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density and intent of the underlying residential land use designation. 7. Housing developments that contain a minimum of 20 percent affordability to lower-income households as required by Government Code section 65583(c)(1) and 65583.2(h) and that are on specific sites rezoned by the City Council to meet RHNA requirements as detailed in the programs Jan. 30, 2024 Item #2 Page 99 of 159 of the Housing Element shall be permitted “by right” as that term is defined in Government Code Section 65583.2(h) and shall be subject to the mitigation measures of Supplemental Environmental Impact Report EIR 2022-0007, certified by City Council Resolution 202X-XXX. 11. That Section 21.24.030 of the Carlsbad Municipal Code is amended to read as follows: 21.24.030 Building Height No building shall exceed a height of thirty-five feet. When the RD-M zone implements the R-35 and R-40 land use designations, no building shall exceed a height of forty-five feet. In all designations RD-M implements, protrusions may exceed the maximum heights permitted as described in Section 21.46.020. 12. That Section 21.24.040 of the Carlsbad Municipal Code is amended to read as follows: 21.24.040 Front yard. Every lot shall have a front yard of not less than ten feet in depth. However, a front yard of not less than twenty feet in depth shall be provided to carport or garage openings that face onto the front yard. 13. That Section 21.24.050 of the Carlsbad Municipal Code is amended to read as follows: 21.24.050 Side yard. A. Every lot shall have a side yard as follows: 1. Interior lots shall have a side yard on each side of the lot of not less than five feet in width; 2. Corner lots and reversed corner lots shall have side yards as follows: a. On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot, and b. On any side of a lot which is adjacent to a street, the side yard shall be ten feet. 14. That Section 21.24.080 of the Carlsbad Municipal Code is amended to read as follows: 21.24.080 Yards—Structures over thirty-five feet in height. The above specified yard requirements apply only to those structures up to a height of thirty-five feet and to those structures when the RD-M Zone implements the R-35 and R-40 land use designations. For any other structure which has had its height increased by approval of a specific plan, the yards shall be increased at a ratio of one and one-half additional foot horizontally, for each eight feet of vertical construction. (Ord. NS-718 § 14, 2004) 15. That Section 21.24.100 B. of the Carlsbad Municipal Code is amended to read as follows: Jan. 30, 2024 Item #2 Page 100 of 159 21.24.100 Lot area. B. The minimum lot area of a lot in the RD-M zone, when the zone implements the R-15, or R-23, R- 30, R-35 or R-40 land use designations, shall not be less than ten thousand square feet, except that the joining of two smaller lots shall be permitted although their total area does not equal the required lot area. (Ord. NS-718 § 14, 2004) 16. That Section 21.24.110 of the Carlsbad Municipal Code is amended to read as follows: 21.24.110 Lot coverage. All buildings, including accessory buildings and structures, shall cover no more of the lot than sixty percent. In the R-35 and R-40 land use designations, all buildings, including accessory buildings and structures, shall cover no more than seventy-five percent of the lot. 17. That Table A of Section 21.45.040 of the Carlsbad Municipal Code is amended to reflect the renumbering of notes in Table A and in the note list following the table due to the addition of note 5: Zone Residential Use One-Family Dwelling or Twin-Home on Small Lots (one unit per lot) Condominium Project R-1 (1) or (4) One-family dwellings - (3) or (4) Two-family dwellings - (1) or (4) Multiple-family dwellings - (4) R-2 P One-family or two-family dwellings - P Multiple-family dwellings - (2) or (4) R-3 P P RD-M P(5) P R-W X P R-P (6) (7) RMHP P P P-C (8) (8) V-B (9) (9) Accessory Uses (10) (10) Notes: (1) Permitted when the project site is contiguous to a higher intensity land use designation or zone, or an existing project of comparable or higher density. Jan. 30, 2024 Item #2 Page 101 of 159 (2) Permitted when the proposed project site is contiguous to a lot or lots zone R-3, R-T, R-P, C-1, C-2, C- M or M, but in no case shall the project site consist of more than one lot nor be more than 90 feet in width, whichever is less. (3) Permitted when developed as two or more detached units on one lot. (4) Permitted when the project site contains sensitive biological resources as identified in the Carlsbad Habitat Management Plan. In the case of a condominium project, attached or detached units may be permitted when the site contains sensitive biological resources. (5) One-family dwellings or twin-homes on small lots (one unit per lot) are not permitted in the RD-M Zone when it implements the R-35 or R-40 land use designation. (6) Permitted when the R-P zone implements the R-15 land use designation. (7) Permitted when the R-P zone implements the R-15 or R-23 land use designations. (8) Permitted uses shall be consistent with the master plan. (9) Refer to the Village and Barrio master plan for permitted uses. (10) Refer to Table F for permitted accessory uses. 18. That the text in reference number rows “C.9” and “C.12” of Table C of Section 21.45.060 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations: REF. NO. SUBJECT DEVELOPMENT STANDARD C.9 Community Recreational Space(1) Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows: Minimum community recreational space required Project is NOT within R-23, R-30, R-35 or R-40 general plan designations 200 square feet per unit Project IS within R-23, R- 30, R-35 or R-40 general plan designation 150 square feet per unit Projects with 11 to 25 dwelling units Community recreational space shall be provided as either (or both) passive or active recreation facilities. C.12 Recreational Vehicle (RV) Storage(1) Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15, R-23, R-30, R-35 or R-40 land use designations. 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. Jan. 30, 2024 Item #2 Page 102 of 159 RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 19. That the text in reference number rows “E.4,” “E.5,” “E.7,” and “E.8” of Table E of Section 21.45.080 of the Carlsbad Municipal Code is amended to reflect the updated General Plan designations: REF. NO. SUBJECT DEVELOPMENT STANDARD E.4 Maximum Building Height Same as required by the underlying zone, and not to exceed three stories(1), (7) Projects within the R-23 and R- 30 general plan designations(1), (7) 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories Projects within the R-35 and R- 40 designations(7) 45 feet, if roof pitch is 3:12 or greater 40 feet, if roof pitch is less than 3:12 Building height shall not exceed four stories E.5 Minimum Building Setbacks From a private or public street(2), (3) Residential structure 10 feet Direct entry garage 20 feet From a drive- aisle(4) Residential structure (except as specified below) 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) Residential structure directly above a garage 0 feet when projecting over the front of a garage. Garage 3 feet Jan. 30, 2024 Item #2 Page 103 of 159 Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Projects of 25 units or less within the R-15, R-23, R-30, R-35, and R-40 general plan designations 0 feet (residential structure and garage) Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Balconies/decks (unenclosed and uncovered) 0 feet May cantilever over a drive-aisle, provided the balcony/deck does not impede access and complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department requirements From the perimeter property lines of the project site (not adjacent to a public/private street) The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. E.7 Resident Parking(6) All dwelling types If a project is located within the R-23, R-30, R-35 or R-40 general plan designations, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet × 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. One-family and two-family dwellings 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet × 20 feet), or • 2 separate one-car garages (minimum 12 feet × 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space(5) Multiple-family dwellings Studio and one-bedroom units 1.5 spaces per unit, 1 of which must be covered(5) Jan. 30, 2024 Item #2 Page 104 of 159 When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. Units with two or more bedrooms 2 spaces per unit, provided as either: • a one-car garage (12 feet × 20 feet) and 1 covered or uncovered space; or(5) • a two-car garage (minimum 20 feet × 20 feet), or • 2 separate one-car garages (minimum 12 feet × 20 feet each) • In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space(5) Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. E.8 Private Recreational Space One-family, two-family, and multiple- family dwellings Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. One-family and two-family dwellings Minimum total area per unit Projects not within the R-15, R-23, or R- 30 general plan designations 400 square feet Jan. 30, 2024 Item #2 Page 105 of 159 Projects within the R-15, R-23 or R-30 general plan designations 200 square feet May consist of more than one recreational space. May be provided at ground level and/or as a deck/balcony or roof deck. If provided at ground level Minimum dimension Not within the R-15, R- 23 or R-30 general plan designations 15 feet Within the R-15, R-23 or R-30 general plan designations 10 feet Shall not have a slope gradient greater than 5%. Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). If provided above ground level as a deck/balcony or roof deck Minimum dimension 6 feet Minimum area 60 square feet Jan. 30, 2024 Item #2 Page 106 of 159 Multiple-family dwellings Minimum total area per unit (patio, porch, or balcony) 60 square feet Minimum dimension of patio, porch or balcony 6 feet Projects of 11 or more units that are within the R-23, R-30, R-35, and R-40 general plan designations may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this chapter), in lieu of providing the per unit private recreational space specified above. 20. That Section 21.90.045 of the Carlsbad Municipal Code is amended to reflect the addition of text describing growth management control points and that the table titled “Allowed Dwelling Units Per Acre” within Section 21.90.045 is amended with updates to the General Plan Density Ranges: 21.90.045 Growth management residential control point established. In order to ensure that residential development does not exceed those limits established in the general plan, the following growth management control points are established for the residential density ranges of the land use element. These growth management control points help the city reasonably estimate potential dwelling unit yields for purposes of determining the future public facility needs of new development. Allowed Dwelling Units Per Acre General Plan Density Ranges Growth Management Control Point R 1.5 0—1.5 1.0 R-4 0—4.0 3.2 R-8 4.0—8.0 6.0 R-15 11.5—15.0 11.5 R-23 19.0—23.0 19.0 R-30 26.5—30.0 26.5 R-35 32.5—35 32.5 R-40 37.5—40 37.5 21. That new Section 21.90.200 of the Carlsbad Municipal Code, is added to read as follows: 21.90.200 State law preemption Notwithstanding above sections to the contrary, including but not necessarily limited to sections 21.90.010, 21.90.045, 21.90.180, and 21.90.185, state legislation (SB 166, and SB 330, the Housing Jan. 30, 2024 Item #2 Page 107 of 159 Crisis Act of 2019) preempt the city from implementing residential growth management plan caps, residential quadrant limits and residential control points. As a result, the City Council passed Resolution 2021-074 finding that it cannot and will not enforce these residential caps, quadrant limits, and control points. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of LCPA 2022-0015, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the day of , 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor Jan. 30, 2024 Item #2 Page 108 of 159 _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 30, 2024 Item #2 Page 109 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 1 – NORTH COUNTY PLAZA Zoning Map Designation Change Property APN From: To: A. 156-301-16-00 C-2-Q/OS C-2-Q/RD-M/OS Attachment A Jan. 30, 2024 Item #2 Page 110 of 159 Exhibit “ZC 2022-0001” October 18, 2023 Site 2 – THE SHOPPES AT CARLSBAD PARKING LOT Zoning Map Designation Change Property APN From: To: A. 156-301-11-00 C-2/OS C-2/RD-M/OS B. 156-302-14-00 C-2 C-2/RD-M C. 156-302-35-00 C-2 C-2/RD-M D. 156-301-06-00 C-2 C-2/RD-M E. 156-301-01-00 C-2 C-2/RD-M F. 156-302-23-00 C-2 C-2/RD-M G. 156-302-17-00 C-2 C-2/RD-M Jan. 30, 2024 Item #2 Page 111 of 159 Exhibit “ZC 2022-0001” October 18, 2023 Site 4 – ZONE 15 CLUSTER Zoning Map Designation Change Property APN From: To: A. 209-060-72-00 R-1/OS RD-M/OS B. 209-090-11-00 RD-M/C-L RD-M Jan. 30, 2024 Item #2 Page 112 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 5 – AVENIDA ENCINAS CAR STORAGE LOT Zoning Map Designation Change Property APN From: To: A. 210-090-24-00 P-M RD-M Jan. 30, 2024 Item #2 Page 113 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 6 – CROSSINGS GOLF COURSE LOT 5 Zoning Map Designation Change Property APN From: To: A. 212-270-05-00 P-M/O RD-M Jan. 30, 2024 Item #2 Page 114 of 159 Exhibit “ZC 2022-0001” October 18, 2023 Site 7 – SALK AVENUE PARCEL Zoning Map Designation Change Property APN From: To: A. 212-021-04-00 O RD-M Jan. 30, 2024 Item #2 Page 115 of 159 Exhibit “ZC 2022-0001” October 18, 2023 Site 12 – INDUSTRIAL SITES EAST OF MELROSE DRIVE General Plan Map Designation Change Property APN From: To: A. 221-015-08-00 P-M RD-M B. 221-014-03-00 P-M RD-M Jan. 30, 2024 Item #2 Page 116 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 16 – CALTRANS MAINTENACE STATION AND PACIFIC SALES Zoning Map Designation Change Property APN From: To: A. 211-050-08-00 R-A-10000 RD-M B. 221-050-09-00 C-2 RD-M Jan. 30, 2024 Item #2 Page 117 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 17 – NCTD POINTSETTIA COASTER STATION Zoning Map Designation Change Property APN From: To: A. 214-150-08-00 RD-M-Q RD-M-Q/T-C-Q B. 214-150-20-00 RD-M-Q RD-M-Q/T-C-Q Jan. 30, 2024 Item #2 Page 118 of 159 Exhibit “ZC 2022-0001/LCPA 2022-0015” October 18, 2023 Site 18 – NORTH PONTO PARCELS General Plan Map Designation Change Property APN From: To: A. 216-010-01-00 C-2 RD-M B.216-010-02-00 C-2 RD-M C. 216-010-03-00 C-2 RD-M D. 216-010-04-00 C-2 RD-M E. 216-010-05-00 C-2 RD-M Jan. 30, 2024 Item #2 Page 119 of 159 Exhibit 8 City Council Staff Report Dated Aug. 17, 2021 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 120 of 159 Exhibit 9 City Council Staff Report Dated Feb. 15, 2022 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 121 of 159 Exhibit 10 Planning Commission Resolution No. 7497 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 122 of 159 Exhibit 11 Planning Commission Resolution No. 7498 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 123 of 159 Exhibit 12 Planning Commission Resolution No. 7499 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 124 of 159 Exhibit 13 Housing Commission Resolution No. 2023-012 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 125 of 159 Exhibit 14 Planning Commission Staff Report Dated Oct. 18, 2023 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 126 of 159 Oct. 18, 2023, 5 p.m. CALL TO ORDER: 5 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: Hubinger, Kamenjarin, Lafferty, Sabellico, Sabellico, Merz. Absent: Merz,Stine. PLEDGE OF ALLEGIANCE: Commissioner Sabellico led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on Sept. 20, 2023 Minutes of the Regular Meeting held on Oct. 4, 2023 Motion by Commissioner Sabellico, seconded by Commissioner Kamenjarin, the Regular Meeting held on Sept. 20, 2023. Motion carried, 5/0/2 (Stine, Meenes -Absent) Motion by Commissioner Kamenjarin, seconded by Commissioner Hubinger, to approve the minutes as amended of the Regular Meeting held on Oct 4, 2023. Motion carried, 5/0/2 (Stine, Meenes -Absent) PRESENTATIONS: None. PUBLIC COMMENT: None. CONSENT CALENDAR: None. 1.EIR 2022-0007 (PUB 2022-0010) HOUSING ELEMENT IMPLEMENTATION AND PUBLIC SAFETY ELEMENT UPDATE -1) Adoption of a resolution recommending certification of the final supplemental environmental impact report (EIR 2022-0007) and recommending adoption of findings of fact, a statement of overriding considerations, and a mitigation monitoring and reporting program for amendments to the general plan land use and community design element (including the land use map), public safety element, and associated amendments to the zoning ordinance, zoning map, local coastal program, and various master and specific plans: and 2)Adoption of a resolution recommending approval of amendments to the general plan land use and community design element, including the land use map; and the zoning map regarding Site 4; and 3) Adoption of a resolution recommending approval of amendments to the General Plan Land Use and Community Design Element, including the Land Use Map, Ordinance and Zoning Map, the Local Coastal Program Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan. Exhibit 15 Jan. 30, 2024 Item #2 Page 127 of 159 J; Oct 18, 2023 Carlsbad City Council Regular Meeting Page 2 ACTION TYPE: Quasi-Judicial STAFF RECOMMENDATION: Take public input, close the public hearing and adopt the resolutions. PLANNER: Scott Donnell ENGINEER: n/a PUBLIC HEARING: Chairperson Merz reviewed the modified procedures of the meeting. Chairperson Merz opened the duly noticed public hearing at 5:11 p.m. Commissioner Stine arrived at 5:20 p.m. City Planner, Eric Lardy and Principal Planner, Robert Efird provided a PowerPoint presentation regarding Exhibit 1, the Supplemental Environmental Impact Report (on file in the Office of the City Clerk). Chairperson Merz opened the public testimony at 5:23 p.m. The following individuals spoke in support of the staff's recommendation regarding Item 1: Robert Davis, Jennifer Fornal, Bill Hoffman, Saahil Khandwala, Lori Robbins. The following individuals spoke in opposition of the staffs recommendation regarding Item 1: Laura Brown, Tom Frieder, Howard Krausz, Jamie Augustine, Joanne Talbot. The following individual spoke and did not support or oppose staff's recommendation regarding Item 1: Chris Barnes. In response to Chair Merz' request for ex parte, Commissioner Kamenjarin and Hubinger expressed they have been to and are familiar with the sites. Commissioner Lafferty indicated that she is familiar with most of the sites and reviewed the properties on Google Maps. Commissioner Sabellico added that he is familiar with sites or seen them on Google Maps; and he has spoken with resident Lance Schulte regarding site 18. Chair Merz noted he is familiar with the sites. Commissioners Stine and Sabellico recused themselves due to real estate related conflicts of interest and left the room at 5:52 p.m. Hearing no one else wishing to speak, Chairperson Merz closed the public testimony at 5:53 p.m. In response to Commissioner Hubinger's question, City Planner Lardy explained that the impact of railroad noise on the project is not required to be considered under CEQA so it was not reviewed in regard to noise. Mr. Lardy added that the city's consultants, Rincon Consultants would be available for further comment. Jan. 30, 2024 Item #2 Page 128 of 159 Oct 18, 2023 Carlsbad City Council Regular Meeting Page 3 In response to Commissioner Kamenjarin' s inquiry regarding air quality, Rincon Consultant Karly Kaufman, explained that as a program level environmental document, specific level of impact cannot be determined until the building plans are in place and then mitigation measures will be applied as necessary. In response to Commissioner Lafferty's inquiry, City Planner Lardy explained that even if one site builds more inclusionary housing than is required; it will not affect the requirements for other properties or developments. In response to Commissioner Lafferty's inquiry, Rincon Consultant Karly Kaufman explained that developers will have to review building sites that are over 45 years old to determine if a structure is eligible to be listed on a historical resources data base and appropriate action would be taken once said determination is made. City Planner Lardy added that a majority of the sites for this project are vacant or underutilized and staff is not aware of any structures on any of the sites that are historic. Motion by Chairperson Merz seconded by Commissioner Lafferty, to adopt Resolution No. 7497. Motion carried, 4/2/1. (Sabellico, Stine -Recused, Meenes -Absent) Chair Merz called for a recess at 6:25 p.m. Chair Merz reconvened the meeting at 6:36 p.m. Commissioner Stine rejoined the Commission at 6:36 p.m. City Planner Eric Lardy and Principal Planner Robert Efird provided a PowerPoint presentation regarding Exhibit 3, Map 1. (on file in the Office of the City Clerk). Motion by Chairperson Merz seconded by Commissioner Stein, to adopt Resolution No. 7498. Motion carried, (5/0/1/1). (Sabellico -Recused; Meenes-Absent) Commissioner Sabellico rejoined the Commission at 7:09 p.m. In response to Chair Merz' request for ex parte, Commissioner Stine indicated that that he has walked Site Number 4 and is familiar with it. City Planner Eric Lardy and Principal Planner, Robert Efird reviewed a PowerPoint presentation regarding Exhibit 3, Map 1. (on file in the Office of the City Clerk). In response to Commissioner Hubinger's inquiry, City Planner Lardy clarified that what is changing for the sites is the land use designation and the zoning ordinance to allow for capacity. City Planner Lardy added that Map 1 gives the city the most flexibility due to the greater number of housing sites on it. Jan. 30, 2024 Item #2 Page 129 of 159 Oct 18, 2023 Carlsbad City Council Regular Meeting Page 4 In response to Commissioner Stine's inquiry regarding the public's traffic concerns, Associate Engineer, Nick Gorman, explained that traffic studies will be done at the time of the development application. Principal Planner, Robert Efird, added that the Planning division worked with Public Works to conduct traffic analysis for the project as a whole and they found that arterial levels of service will remain acceptable, where not exempted, if these additional units are added. Commissioner Kamenjarin explained that he feels that the housing unit quantities on Map 2 provide more of a buffer for the city and will provide more flexibility than Map 1. Motion by Chairperson Merz seconded by Commissioner Lafferty, to adopt Resolution No. 7499. Motion carried, (5/1/1) (Kamenjarin -No; Meenes -Absent) Chairperson Merz closed the duly noticed public hearing at 7:46 p.m. DEPARTMENTAL REPORTS: None. PLANNING COMMISSION MEMBER REPORTS/COMMENTS: Commissioner Lafferty reported that the next Historic Preservation Committee meeting will be on Nov. 13, 2023. CITY PLANNER REPORTS: City Planner Lardy reported Nov. 1, 2023 Planning Commission Meeting will likely be canceled because it is being reserved for the Housing Element. City Planner Lardy added that the subsequent Planning Commission meeting on Nov. 15, 2023 will continue as planned with two agenda items on the agenda. CITY ATTORNEY REPORT: None. STAFF COMMENTS: None. ADJOURNMENT: Chairperson Merz adjourned the meeting at 7:50 p.m. 0/nefi_n_d _____ _ Administrative Secretary Jan. 30, 2024 Item #2 Page 130 of 159 Exhibit 16 Housing Commission Staff Report Dated Dec. 14, 2023 (on file in the Office of the City Clerk) Jan. 30, 2024 Item #2 Page 131 of 159 HOUSING COMMISSION Minutes Regular Meeting Dec. 14, 2023, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Ydigoras, Horton, Collins, Chang, Berger. PLEDGE OF ALLEGIANCE: Director Mills led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on Oct. 12, 2023 Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Motion by Commissioner Chang, seconded by Commissioner Collins, to approve the minutes as presented. Motion carried unanimously, 5/0. PUBLIC COMMENT: None. DEPARTMENTAL REPORTS: 1.2024 MEETING SCHEDULE: Adopt a resolution establishing the 2024 Housing Commission meeting schedule. (Staff contact: Mandy Mills, Housing & Homeless Services Department) Recommended Action: Adopt the resolution. Commissioners discussed availability and time preferences. Motion by Commissioner Ydigoras, seconded by Commissioner Berger, to amend the resolution to start meetings at 4 p.m in January, February, November and December with the remaining meetings at 5 p.m. Motion carried, 3/1/1 (Collins -No, Horton -Abstained). Motion by Commissioner Ydigoras, seconded by Commissioner Collins, to amend the approved amended resolution from 5 p.m. meeting start times to 5:30 p.m. Motion carried, 4/1 (Berger-No). Resolution No. 2023-010 carried as amended. 2.APPOINTMENT OF CHAIR AND VICE-CHAIR: Adopt a resolution appointing Chair and Vice Chair. (Staff contact: Mandy Mills, Housing & Homeless Services Department) Recommended Action: Adopt the resolution. Commissioner Chang nominated himself as Vice-Chair. Commissioner Collins nominated himself as Chair. Exhibit 17 Jan. 30, 2024 Item #2 Page 132 of 159 Dec. 14, 2023 Housing Commission Meeting Resolution No. 2023-011 carried unanimously, 5/0. Page 2 3.HOUSING ELEMENT IMPLEMENTATION: Receive a report on the city's rezoning effort and recommend minimum affordability requirements. (Staff contact: Scott Donnell, Community Development Department) Recommended Action: Receive the report and adopt the resolution. Senior Planner Scott Donnell and City Planner Eric Lardy reviewed a PowerPoint presentation (on file with the office of the City Clerk). Commissioners received the presentation. Bob Pritchard spoke regarding Site 5. Sally Schifman spoke regarding Site 10. Saahil Khandwala spoke in support of staff's recommendations. Tom Frieder spoke against rezoning Site 8. Commissioners asked clarifying questions of staff and provided comments. Motion by Commissioner Vdigoras, seconded by Chair Collins, to amend the proposed resolution to add a provision that the City Council consider reducing the inclusionary requirement from 20% to 15% in the event the city meets the very-low and low income housing needs. Chair Collins called a recess at 6:19 p.m. Meeting reconvened at 6:28 p.m. Staff provided verbiage to amend the resolution as requested. Resolution No. 2023-012 carried as amended, 4/1 (Collins -No). COMMISSION COMMENTS AND REQUESTS FOR CONSIDERATION OF MATTERS: None. STAFF COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of the Housing Commission was adjourned at 6:42 p.m. Leah Sorensen Administrative Secretary Jan. 30, 2024 Item #2 Page 133 of 159 1 Scott Donnell From:Yates, Marcie@CALFIRE <Marcie.yates@bof.ca.gov> Sent:Wednesday, December 13, 2023 9:24 AM To:Zach Alter; CALFIRE Land Use Planning Cc:Robert Efird III; Scott Donnell; Reema Shakra; Olsen, Brian@CALFIRE Subject:City of Carlsbad Safety Element Attachments:CSR_SDU_San Diego County_Carlsbad_SE Formal_9-8-23.pdf Good Morning, Please ﬁnd aƩached the Board’s ﬁnal review of the City of Carlsbad draŌ Safety Element. Please note that if the city determines not to accept some or all of the Board’s recommendaƟons, if any, the city shall communicate in wriƟng to the Board its reasons per Government Code 56302.5. However, since there are no addiƟonal recommendaƟons, you can disregard that noƟce. I can conﬁrm that the Board members’ addiƟonal recommendaƟons were for discussion purposes and do not require further acƟon unless the city wishes to incorporate them. The aƩached is all the documentaƟon the city needs to move forward with adopƟon. Thanks for your collaboraƟon in this process, let me know if you have any quesƟons. Marcie Yates Staff Services Manager 1 Land Use Planning Board of Forestry & Fire Protection 715 P. St., Sacramento, CA 95814 (916) 917-3170 Cell Phone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 18 Jan. 30, 2024 Item #2 Page 134 of 159 General Plan Safety Element Assessment Board of Forestry and Fire Protection Carlsbad 2023 Jan. 30, 2024 Item #2 Page 135 of 159 Contents Purpose and Background ...............................................................................................................................................1 Methodology for Review and Recommendations .........................................................................................................2 General Plan Safety Element Assessment .....................................................................................................................3 Background Information Summary ........................................................................................................................3 Goals, Policies, Objectives, and Feasible Implementation Measures ....................................................................5 Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land ................................5 Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs. ..................6 Section 3 Working cooperatively with public agencies responsible for fire protection. ...................................7 Sample Safety Element Recommendations ...................................................................................................................8 A. Maps, Plans and Historical Information .............................................................................................................8 B. Land Use .............................................................................................................................................................8 C. Fuel Modification................................................................................................................................................8 D. Access .................................................................................................................................................................9 E. Fire Protection ....................................................................................................................................................9 Fire Hazard Planning in Other Elements of the General Plan ..................................................................................... 10 Land Use Element ................................................................................................................................................ 10 Housing Element ................................................................................................................................................. 10 Open Space and Conservation Elements............................................................................................................. 10 Circulation Element ............................................................................................................................................. 10 Jan. 30, 2024 Item #2 Page 136 of 159 1 * https://www.opr.ca.gov/docs/Final_6.26.15.pdf Purpose and Background Upon the next revision of the housing element on or after January 1, 2014, the safety element is required to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. (Gov. Code, § 65302, subd. (g)(3).) The safety element is required to include: • Fire hazard severity zone maps available from the Department of Forestry and Fire Protection. • Any historical data on wildfires available from local agencies or a reference to where the data can be found. • Information about wildfire hazard areas that may be available from the United States Geological Survey. • The general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. • The local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (Gov. Code, § 65302, subd. (g)(3)(A).) Based on that information, the safety element shall include goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. (Gov. Code, § 65302, subd. (g)(3)(B).) To carry out those goals, policies, and objectives, feasible implementation measures shall be included in the safety element, which include but are not limited to: • Avoiding or minimizing the wildfire hazards associated with new uses of land. • Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in the SRA or VHFHSZ. • Designing adequate infrastructure if a new development is located in the SRA or VHFHSZ, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. • Working cooperatively with public agencies with responsibility for fire protection. (Gov. Code, § 65302, subd. (g)(3)(C).) The safety element shall also attach or reference any fire safety plans or other documents adopted by the city or county that fulfill the goals and objectives or contains the information required above. (Gov. Code, § 65302, subd. (g)(3)(D).) This might include Local Hazard Mitigation Plans, Unit Fire Plans, Community Wildfire Protection Plans, or other plans. There are several reference documents developed by state agencies to assist local jurisdictions in updating their safety elements to include wildfire safety. The Fire Hazard Planning, General Plan Technical Advice Series from the Governor’s Office of Planning and Research (OPR), referenced in Government Code section 65302, subdivision (g)(3) and available at 1400 Tenth Street Sacramento, CA 95814 Phone: (916) 322-2318 The Technical Advice Series is also available from the OPR website (Technical Advice Series link).* The Technical Advice Series provides policy guidance, information resources, and fire hazard planning examples from around California that shall be considered by local jurisdictions when reviewing the safety element of its general plan. The Board of Forestry and Fire Protection (Board) utilizes this Safety Element Assessment in the Board’s review of safety elements under Government Code section 65302.5. At least 90 days prior to the adoption or amendment of their safety element, counties that contain SRAs and cities or counties that contain VHFHSZs shall submit their safety element to the Board. (Gov. Code, § 65302.5, subd. (b).) The Board shall review the safety element and respond to the city or county with its findings regarding the uses of land and policies in SRAs or VHFHSZs that will protect life, property, and natural resources from Jan. 30, 2024 Item #2 Page 137 of 159 2 unreasonable risks associated with wildfires, and the methods and strategies for wildfire risk reduction and prevention within SRAs or VHFHSZs. (Gov. Code, § 65302.5, subd. (b)(3).) The CAL FIRE Land Use Planning team provides expert fire protection assistance to local jurisdictions statewide. Fire captains are available to work with cities and counties to revise their safety elements and enhance their strategic fire protection planning. Methodology for Review and Recommendations Utilizing staff from the CAL FIRE Land Use Planning team, the Board has established a standardized method to review the safety element of general plans. The methodology includes 1) reviewing the safety element for the requirements in Government Code section 65302, subdivision (g)(3)(A), 2) examining the safety element for goals, policies, objectives, and implementation measures that mitigate the wildfire risk in the planning area (Gov. Code, § 65302, subd. (g)(3)(B) & (C)), and 3) making recommendations for methods and strategies that would reduce the risk of wildfires (Gov. Code, § 65302.5, subd. (b)(3)(B)). The safety element will be evaluated against the attached Assessment, which contains questions to determine if a safety element meets the fire safety planning requirements outlined in Government Code, section 65302. The reviewer will answer whether or not a submitted safety element addresses the required information, and will recommend changes to the safety element that will reduce the wildfire risk in the planning area. These recommended changes may come from the list of sample goals, policies, objectives, and implementation measures that is included in this document after the Assessment, or may be based on the reviewer’s knowledge of the jurisdiction in question and their specific wildfire risk. By answering the questions in the Assessment, the reviewer will determine if the jurisdiction’s safety element has adequately addressed and mitigated their wildfire risk. If it hasn’t, any specific recommendations from the reviewer will assist the jurisdiction in revising the safety element so that it does. Once completed, the Assessment should provide clear guidance to a city or county regarding any areas of deficiency in the safety element as well as specific goals, policies, objectives, and implementation measures the Board recommends adopting in order to mitigate or reduce the wildfire threat in the planning area. Jan. 30, 2024 Item #2 Page 138 of 159 3 Ge n e r a l P l a n Sa f e ty E l e m e n t A s s e s s m e n t Ju r i s d i c t i o n : Ca r l s b a d No t e s : Fi n a l Rev i e w CA L F I R E U n i t : SD U Da t e R e c e i v e d : 9/ 5 / 2 3 Co u n t y : Sa n D i e g o C o u n t y LU P P R e v i e w e r : B. O l s e n UN I T C O N T A C T : Ry a n S i l v a Da t e R e v i e w e d : 9/ 8 / 2 3 BA C K G R O U N D I N F O R M A T I O N S U M M A R Y Th e s a f e t y e l e m e n t m u s t c o n t a i n s p e c i f i c b a c k g r o u n d i n f o r m a t i o n a b o u t f i r e h a z a r d s i n e a c h j u r i s d i c t i o n . In s t r u c t i o n s f o r t h i s t a b l e : I n d i c a t e w h e t h e r t h e s a f e t y e l e m e n t i n c l u d e s t h e s p e c i f i e d i n f o r m a t i o n . I f Y E S , i n d i c a t e i n t h e c o m m e n t s w h e r e t h a t i n f o r m a t i o n c a n b e fo u n d ; i f N O , p r o v i d e r e c o m m e n d a t i o n s t o t h e j u r i s d i c t i o n r e g a r d i n g h o w b e s t t o i n c l u d e t h a t i n f o r m a t i o n i n t h e i r r e v i s e d s a f et y e l e m e n t . Re q u i r e d I n f o r m a t i o n Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Ar e Fi r e H a z a r d S e v e r i t y Z o n e s Id e n t i f i e d ? CA L F I R E o r L o c a l l y A d o p t e d M a p s Ye s SE p . 6 -47, F i g u r e 6 -12 : F i r e H a z a r d S e v e r i t y Z o n e s Is h i s t o r i c a l d at a o n w i l d f i r e s o r a r e f e r e n c e t o w h e r e t h e da t a c a n b e f o u n d , a n d i n f o r m a t i o n a b o u t w i l d f i r e h a z a r d ar e a s t h a t m a y b e a v a i l a b l e f r o m t h e U n i t e d S t a t e s Ge o l o g i c a l S u r v e y , i n c l u d e d ? Ye s SE p . 6-46 , W i l d l a n d F i r e H a z a r d s SE p . 6 -4 9 , F i r s t Pa r a g r a p h MJ H M P p. 1 1 5 -11 6 Ha s t h e g en e r a l l o c a t i o n a n d d i s t r i b u t i o n o f e x i s t i n g a n d pl a n n e d u s e s o f l a n d i n v e r y h i g h f i r e h a z a r d s e v e r i t y zo n e s (V H F H S Z s ) an d i n s t a t e r e s p o n s i b i l i t y a r e a s (S R A s ) , in c l u d i n g s t r u c t u r e s , r o a d s , u t i l i t i e s , a n d es s e n t i a l p u b l i c f a c i l i t i e s , b e e n i d e n t i f i e d ? Ye s SE p . 6 -47, F i g u r e 6 -12 : F i r e H a z a r d S e v e r i t y Z o n e s Ha v e l oc al , s t a t e , a n d f e d e r a l a g e n c i e s wi t h r e s p o n s i b i l i t y fo r f i r e p r o t e c t i o n , i n c l u d i n g s p e c i a l d i s t r i c ts a n d l o c a l of f i c e s o f e m e r g e n c y s e r v i c e s , b e e n i d e n t i f i e d ? Ye s SE p . 6-42 to 6-45 Ar e o t h e r f i r e p r o t e c t i o n p l a n s , s u c h a s C o m m u n i t y Wi l d f i r e P r o t e c t i o n P l a n s , L o c a l H a z a r d M i t i g a t i o n P l a n s , CA L F I R E U n i t o r C o n t r a c t C o u n t y F i r e P l a n s , r e f e r e n c e d or i n c o r p o r a t e d i n t o t h e S a f e t y E l e m e n t ? Ye s SE p . 6 -7 SE p . 6 -50 t o 6 - 52 , E v a c u a t i o n R o u t e s Ar e r e s i d e n t i a l d e v e l o p m e n t s i n h a z a r d a r e a s t h a t d o n o t ha v e a t l e a s t t w o e m e r g e n c y e v a c u a t i o n r o u t e s id e n t i f i e d ? Ye s SE p . 6 -51 an d 6 -52 SE p . 6- 53 , F i g u r e 6 -13 : S i n g l e A c c e s s R o a d s Jan. 30, 2024 Item #2 Page 139 of 159 4 Re q u i r e d I n f o r m a t i o n Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Ha v e e v a c u a t i o n r o u t e s a n d t h e i r c a p a c i t y , s a f e t y , a n d vi a b i l i t y u n d e r a r a n g e o f e m e r g e n c y s c e n a r i o s b e e n id e n t i f i e d ? Ye s SE p . 6 -50 to 6-56 Sa n D i e g o E m e r g e n c y O p e r a t i o n s P l a n , A n n e x Q Is t h e r e a n y ot h e r i n f o r m a t i o n i n t h e S a f e t y E l e m e n t r e g a r d i n g f i r e h a z a r d s i n S R A s o r V H F H S Z s ? Jan. 30, 2024 Item #2 Page 140 of 159 5 GO A L S , P OL I C I E S , O B J E C T I V E S , AN D FE A S I B L E I M P L E M E N T A T I O N M E A S U R E S Th e s a f e t y e l e m e n t m u s t c o n t a i n a s e t o f g o a l s , p o l i c i e s , a n d o b j e c t i v e s b a s e d o n t h e a b o v e i n f o r m a t i o n t o p r o t e c t t h e c o m m u n i t y f r o m u n r e a s o n a b l e r i s k o f w i l d f i r e an d i m p l e m e n t a t i o n m e a s u r e s t o a c c o m p l i s h t h o s e s t a t e d g o a l s , p o l i c i e s , a n d o b j e c t i v e s . In s t r u c t i o n s f o r t h i s t a b l e : C r i t i c a l l y e x a m i n e t h e s u b m i t t e d s a f e t y e l e m e n t a n d d e t e r m i n e i f i t i s a d e q u a t e t o a d d r e s s t h e j u r i s d i c t i o n ’ s u n i q u e f i r e h a z a r d . A n s w e r Y E S or N O a p p r o p r i a t e l y f o r e a c h q u e s t i o n b e l o w . I f t h e r e c o m m e n d a t i o n i s i r r e l e v a n t o r u n r e l a t e d t o t h e j u r i s d i c t i o n ’ s f i r e h a z a r d , a n s w e r N / A . F o r N O , p r o v i d e in f o r m a t i o n i n t h e C o m m e n t s / R e c o m m e n d a t i o n s s e c t i o n t o h e l p t h e j u r i s d i c t i o n i n c o r p o r a t e t h a t c h a n g e i n t o t h e i r s a f e t y e l e m e n t r e v i s i o n . T h i s i n f o r m a t i o n m a y u t i l i z e ex a m p l e r e c o m m e n d a t io n s f r o m Sa m p l e Sa f e t y E l e m e n t R e c o m m e n d a t i o n s an d Fi r e H a z a r d P l a n n i n g i n O t h e r E l e m e n t s o f t h e G e n e r a l P l a n be l o w , m a y i n d i c a t e ho w h i g h o f a p r i o r i t y t h i s r e c o m m e n d a t i o n i s f o r a j u r i s d i c t i o n , o r m a y i n c l u d e o t h e r j u r i s d i c t i o n -sp e c i f i c i n f o r m a t i o n o r r ec o m m e n d a t i o n s . Se c t i o n 1 A v o i d i n g o r m i n i m i z i n g t h e w i l d f i r e h a z a r d s a s s o c i a t e d w i t h n e w u s e s o f l a n d Qu e s t i o n s Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Do e s l o c a l o r d i n a n c e r e q u i r e d e v e l o p m e n t s t a n d a r d s t h a t me e t o r e x c e e d t i t l e 1 4 , C C R , d i v i s i o n 1 . 5 , c h a p t e r 7 , su b c h a p t e r 2 , a r t i c l e s 1 -5 ( c o m m e n c i n g w i t h s e c t i o n 12 7 0 ) ( SR A F i r e S a f e R e g u l a t i o n s ) a n d t i t l e 1 4 , C C R , di v i s i o n 1 . 5 , c h a p t e r 7 , s u b c h a p t e r 3 , a rt i c l e 3 (c o m m e n c i n g w i t h s e c t i o n 1 2 9 9 . 0 1 ) ( Fi r e H a z a r d Re d u c t i o n A r o u n d B u i l d i n g s a n d S t r u c t u r e s Re g u l a t i o n s ) fo r SR A s a n d / o r VH F H S Z s? Ye s SE p . 6 -67 , P o l i c y 6 -P. 4 8 SE p . 6 -68 , P o l i c y 6- P. 5 5 Ar e t h e r e g o a l s a n d p o l i c i e s t o a v o i d o r m i n i m i z e n e w re s i d e n t i a l d e v e l o p m e n t i n VH F H S Z s ? Ye s SE p . 6-69, P o l i c y 6 -P. 6 0 Ha s f i r e s a f e d e s i g n b e e n i n c o r p o r a t e d i n t o f u t u r e de v e l o p m e n t r e q u i r e m e n t s ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 SE p . 6 -68 , P o l i c y 6- P. 5 4 Ar e n e w e s s e n t i a l p u b l i c f a c i l i t i e s l o c a t e d o u t s i d e h i g h fi r e r i s k a r e a s , su c h a s V H F H S Z s , wh e n f e a s i b l e ? Ye s SE p . 6 -69, P o l i c y 6 -P. 6 1 Ar e t h e r e p l a n s o r a c t i o n s i d e n t i f i e d t o m i t i g a t e e x i s t i n g no n -co n f o r m i n g d e v e l o p m e n t t o co n t e m p o r a r y f i r e s a f e st a n d a r d s , i n t e r m s o f r o a d s t a n d a r d s a n d v e g e t a t i v e ha z a r d ? Ye s SE p . 6-70 , P o l i c y 6 -P. 6 7 Do e s t h e p l a n i n c l u d e p o l i c i e s t o e v a l u a t e r e - de v e l o p m e n t a f t e r a l a r g e f i r e ? Ye s SE p . 6 -69, P o l i c y 6 -P.5 7 SE p . 6 -68 , P o l i c y 6 -P . 54 Is f u e l m o d i f i c a t i o n a r o u n d h o m e s a n d s u b d i v i s i o n s re q u i r e d f o r n e w d e v e l o p m e n t i n S R A s or V H F H S Z s? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Ar e f i r e p r o t e c t i o n p l a n s r e q u i r e d f o r n e w d e v e l o p m e n t i n VH F H S Z s ? Ye s SE p . 6 -67 , P o l i c y 6 -P. 4 9 SE p . 6 -68 , P o l i c y 6 -P. 54 Jan. 30, 2024 Item #2 Page 141 of 159 6 Qu e s t i o n s Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Do e s t h e p l a n a d d r e s s l o n g t e r m m a i n t e n a n c e o f f i r e ha z a r d r e d u c t i o n p r o j e c t s , i n c l u d i n g c o m m u n i t y f i r e br e a k s a n d p r i v a t e r o a d a n d p u b l i c r o a d c l e a r a n c e ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 3 SE p . 6 -68 , P o l i c y 6 -P. 5 5 SE p . 6 -70 , P o l i c y 6 -P. 74 Is t h e r e a d e q u a t e a c c e s s ( i n g r e s s , e g r e s s ) t o n e w de v e l o p m e n t i n VH F H S Z s ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Ar e m i n i m u m s t a n d a r d s f o r e v a c u a t i o n o f r e s i d e n t i a l ar e a s i n VH F H S Z s de f i n e d ? Ye s SE p . 6-68 , P o l i c y 6-P.5 5 SE p . 6 -70 , P o l i c y 6- P. 7 6 SE p . 6 -7 1 , Po l i c y 6 -P. 7 8 SE p . 6 -7 1 , P o l i c y 6 -P. 7 9 SE p . 6 -50 t o 6 -56 Sa n D i e g o E m e r g e n c y O p e r a t i o n s P l a n , A n n e x Q If a r e a s e x i s t w i t h i n a d e q u a t e a c c e s s / e v a c u a t i o n r o u t e s , ar e t h e y i d e n t i f i e d ? A r e m i t i g a t i o n m e a s u r e s o r im p r o v e m e n t p l a n s i d e n t i f i e d ? Ye s SE p . 6 -68 , P o l i c y 6-6. 5 5 SE p . 6 -70 , P o l i c y 6 -P . 76 SE p . 6 -7 1 , P o l i c y 6 -P. 7 8 SE p . 6 -7 1 , P o l i c y 6 -P. 7 9 SE p . 6 -50 t o 6 -56 Sa n D i e g o E m e r g e n c y O p e r a t i o n s P l a n , A n n e x Q Ar e t h e r e p o l i c i e s o r p r o g r a m s p r o m o t i n g p u b l i c o u t r e a c h ab o u t d e f e n s i b l e s p a c e o r e v a c u a t i o n r o u t e s ? A r e t h e r e sp e c i f i c p l a n s t o r e a c h a t -ri s k p o p u l a t i o n s ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 SE p . 6 -70 , P o l i c y 6 -P. 6 6 SE p . 6 -7 1 , P o l i c y 6 -P . 7 9 Do e s t h e p l a n i d e n t i f y f u t u r e w a t e r s u p p l y f o r f i r e su p p r e s s i o n n e e d s ? Ye s SE p . 6-70 , Po l i c y 6 -P. 6 8 Do e s n e w d e v e l o p m e n t h a v e a d e q u a t e f i r e p r o t e c t i o n ? Ye s SE p . 6 -69, P o l i c y 6 -P. 6 3 Se c t i o n 2 D e v e l o p a d e q u a t e i n f r a s t r u c t u r e i f a n e w d e v e l o p m e n t i s l o c a t e d i n S R A s o r VH F H S Z s . Do e s t h e p l a n i d e n t i f y a d e q u a t e i n f r a s t r u c t u r e f o r n e w de v e l o p m e n t r e l a t e d t o : Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Wa t e r s u p p l y a n d f i r e f l o w ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 1 Lo c a t i o n o f a n t i c i p a t e d w a t e r s u p p l y ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Jan. 30, 2024 Item #2 Page 142 of 159 7 Do e s t h e p l a n i d e n t i f y a d e q u a t e i n f r a s t r u c t u r e f o r n e w de v e l o p m e n t r e l a t e d t o : Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Ma i n t e n a n c e a n d l o n g -te r m i n t e g r i t y o f w a t e r s u p p l i e s ? Ye s SE p . 6 -67 , P o l i c y 6 -P. 5 0 SE p . 6 -68 , P o l i c y 6 -P. 5 1 Ev a c u a t i o n a n d e m e r g e n c y v e h i c l e a c c e s s ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 SE p . 6 -69 , P o l i c y 6 -P. 6 4 Fu e l m o d i f i c a t i o n a n d d e f e n s i b l e s p a c e ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 SE p . 6 -70 , Po l i c y 6 -P. 6 7 Ve g e t a t i o n c l e a r a n c e m a i n t e n a n c e o n p u b l i c a n d p r i v a t e ro a d s ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Vi s i b l e h o m e a n d s t r e e t a d d r e s s i n g a n d s i g n a g e ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Co m m u n i t y f i r e b r e a k s ? I s t h e r e a d i s c u s s i o n o f h o w th o s e f i r e br e a k s w i l l b e m a i n t a i n e d ? Ye s SE p . 6 -68 , P o l i c y 6 -P. 5 5 Se c t i o n 3 Wo r k i n g c o o p e r a t i v e l y w i t h p u b l i c a g e n c i e s r e s p o n s i b l e f o r f i r e p r o t e c t i o n . Qu e s t i o n Ye s o r N o Co m m e n t s a n d R e c o m m e n d a t i o n s Is t h e r e a m a p o r d e s c r i p t i o n of e x i s t i n g e m e r g e n c y se r v i c e f a c i l i t i e s a n d a r e a s l a c k i n g s e r v i c e , s p e c i f i c a l l y no t i n g a n y a r e a s i n S R A s or V H F H S Z s ? Ye s SE p . 6 -47, F i g u r e 6 -12 : F i r e H a z a r d S e v e r i t y Zo n e s Do e s t h e p l a n i n c l u d e a n a s s e s s m e n t a n d p r o j e c t i o n o f fu t u r e e m e r g e n c y se r v i c e n e e d s ? Ye s SE p . 70 , P o l i c y 6 -P. 6 9 Ar e g o a l s o r s t a n d a r d s f o r e m e r g e n c y s e r v i c e s t r a i n i n g de s c r i b e d ? Ye s SE p . 6 -69 , P o l i c y 6 -P. 75 Doe s t h e p l a n o u t l i n e i n t e r -ag e n c y pr e p a r e d n e s s co o r d i n a t i o n an d m u t u a l a i d m u l t i -ag e n c y a g r e e m e n t s ? Ye s SE p . 6-67 , P o l i c y 6 -P. 4 7 Jan. 30, 2024 Item #2 Page 143 of 159 8 Sa m p l e S a f e t y E l e m e n t R e c o m m e n d a t i o n s Th e s e a r e e x a m p l e s o f s p e c i f i c p o l i c i e s , o b j e c t i v e s , o r i m p l e m e n t a t i o n m e a s u r e s t h a t m a y b e u s e d t o m e e t t h e i n t e n t o f Go v e r n m e n t C o d e s e c t i o n s 65 3 0 2 , su b d i v i s i o n (g ) ( 3 ) a n d 6 5 3 0 2 . 5 , s u b d i v i s i o n (b ) . S a f e t y e l e m e n t r e v i e w e r s m a y m a k e r e c o m m e n d a t i o n s t h a t a r e n o t i n c l u d e d h e r e . A. M A P S , P L A N S A N D H I S T O R I C A L I N F O R M A T I O N 1. In c l u d e o r r e f e r e n c e C A L F I R E F i r e H a z a r d S e v e r i t y Z o n e m a p s o r l o c a l l y a d o p t e d w i l d f i r e h a z a r d z o n e s . 2. In c l u d e o r r e f e r e n c e t h e l o c a t i o n o f h i s t o r i c a l i n f o r m a t i o n o n w i l d f i r e s i n t h e p l a n n i n g a r e a . 3. In c l u d e a m a p o r d e s c r i p t i o n o f t h e l o c a t i o n o f e x i s t i n g a n d p l a n n e d l a n d u s e s i n S R A s a n d V H F H S Z s , p a r t i c u l a r l y h a b i t a b l e s t r u c t u r e s , r o a d s , u t i l i t i e s , a n d e s s e n t i a l p u b l i c fa c i l i t i e s . 4. Id e n t i f y o r r e f e r e n c e a f i r e p l a n t h a t i s r e l e v a n t t o t h e g e o g r a p h i c s c o p e o f t h e g e n e r a l p l a n , i n c l u d i n g t h e U n i t / C o n t r a c t C o u n t y F i r e P l a n , L o c a l H a z a r d M i t i g a t i o n P l a n , a n d an y a p p l i c a b l e C o m m u n i t y W i l d f i r e P r o t e c t i o n P l a n s . 5. Al i g n t h e g o a l s , po l i c i e s , o b j e c t i v e s , a n d i m p l e m e n t a t i o n m e a s u r e s f o r f i r e h a z a r d m i t i g a t i o n i n t h e s a f e t y e l e m e n t w i t h t h o s e i n e x i s t i n g f i r e p l a n s , o r m a k e p l a n s t o u p d a t e fi r e p l a n s t o m a t c h t h e s a f e t y e l e m e n t . 6. Cr e a t e a f i r e p l a n f o r t h e p l a n n i n g a r e a . B. L A N D U S E 1. De v e l o p f i r e s a f e d e v e l o p m e n t c o d e s t o u s e a s s t a n d a r d s f o r f i r e p r o t e c t i o n f o r n e w d e v e l o p m e n t i n S R A s o r V H F H S Z s t h a t m e e t o r e x c e e d t h e s t a t e w i d e m i n i m u m s i n t h e SR A F i r e S a f e R e g u l a t i o n s . 2. Ad o p t a n d h a v e c e r t i f i e d b y t h e B o a r d o f F o r e s t r y a n d F i r e P r o t e c t i o n l o c a l o r d i n a n c e s w h i c h m e e t o r e x c e e d t h e m i n i m u m s t a t e w i d e s t a n d a r d s i n t h e S R A F i r e S a f e Re g u l a t i o n s . 3. Id e n t i f y e x i s t i n g d e v e l o p m e n t t h a t d o n o t m e e t o r e x c e e d t h e S R A F i r e S a f e R e g u l a t i o n s o r c e r t i f i e d l o c a l o r d i n a n c e s . 4. De v e l o p m i t i g a t i o n m e a s u r e s fo r e x i s t i n g d e v e l o p m e n t t h a t d o e s n o t m e e t o r e x c e e d t h e S R A F i r e S a f e R e g u l a t i o n s o r c e r t i f i e d l o c a l o r d i n a n c e s o r i d e n t i f y a p o l i c y t o d o so . C. F U E L M O D I F I C A T I O N 1. De v e l o p a p o l i c y t o c o m m u n i c a t e v e g e t a t i o n c l e a r a n c e r e q u i r e m e n t s t o s e a s o n a l , a b s e n t , o r v a c a t i o n r e n t a l o w n e r s . 2. Id e n t i f y a p o l i c y f o r t h e o n g o i n g m a i n t e n a n c e o f v e g e t a t i o n c l e a r a n c e o n p u b l i c a n d p r i v a t e r o a d s . 3. In c l u d e f u e l b r e a k s i n t h e l a y o u t / s i t i n g o f s u b d i v i s i o n s . 4. Id e n t i f y a p o l i c y f o r t h e o n g o i n g m a i n t e n a n c e o f e x i s t i n g o r p r o p o s e d f u e l br e a k s . 5. Id e n t i f y a n d / o r m a p e x i s t i n g d e v e l o p m e n t t h a t d o e s n o t c o n f o r m t o c u r r e n t s t a t e a n d / o r l o c a l l y a d o p t e d f i r e s a f e t y s t a n d a r d s f o r a c c e s s , w a t e r s u p p l y a n d f i r e fl o w , s i g n i n g , a n d v e g e t a t i o n c l e a r a n c e i n S R A s o r V H F H S Z s . 6. Id e n t i f y p l a n s a n d a c t i o n s fo r e x i s t i n g n o n -co n f o r m i n g d e v e l o p m e n t t o b e i m p r o v e d o r m i t i g a t e d t o m e e t c u r r e n t s t a t e a n d / o r l o c a l l y a d o p t e d f i r e s a f e t y st a n d a r d s f o r a c c e s s , w a t e r s u p p l y a n d f i r e f l o w , s i g n i n g , a n d v e g e t a t i o n c l e a r a n c e . Jan. 30, 2024 Item #2 Page 144 of 159 9 D. A C C E S S 1. De v e l o p a p o l i c y t h a t a p p r o v a l o f p a r c e l m a p s a n d t e n t a t i v e m a p s i n S R A s o r V H F H S Z s i s c o n d i t i o n a l b a s e d o n m e e t i n g t h e S R A F i r e S a f e R e g u l a t i o n s a n d th e F i r e H a z a r d R e d u c t i o n A r o u n d B u i l d i n g s a n d S t r u c t u r e s R e g u l a t i o n s , p a r t i c u l a r l y t h o s e r e g a r d i n g r o a d s t a n d a r d s f o r i n g r e s s , e g r e s s , a n d f i r e e q u i p m e n t ac c e s s . ( S e e G o v . C o d e , § 6 6 4 7 4 . 0 2 . ) 2. De v e l o p a p o l i c y t h a t d e v e l o p m e n t w i l l b e p r i o r i t i z e d i n a r e a s w i t h a n a d e q u a t e r o a d n e t w o r k a n d a s s o c i a t e d i n f r a s t r u c t u r e . 3. Id e n t i f y m u l t i -fa m i l y h o u s i n g , g r o u p h o m e s , o r o t h e r c o m m u n i t y h o u s i n g i n S R A s o r V H F H S Z s a n d d e v e l o p a p o l i c y t o c r e a t e e v a c u a t i o n o r s h e l t e r i n p l a c e pl a n s . 4. In c l u d e a p o l i c y t o d e v e l o p p r e -pl a n s f o r f i r e r i s k a r e a s t h a t a d d r e s s c i v i l i a n e v a c u a t i o n a n d t o e f f e c t i v e l y c o m m u n i c a t e t h o s e p l a n s . 5. Id e n t i f y r o a d n e t w o r k s i n S R A s o r V H F H S Z s t h a t d o n o t m e e t t i t l e 1 4 , C C R , d i v i s i o n 1 . 5 , c h a p t e r 7 , s u b c h a p t e r 2 , a r t i c l e s 2 a n d 3 ( c o m m e n c i n g w i t h s e c t i o n 12 7 3 . 0 0 ) o r c e r t i f i e d l o c a l o r d i n a n c e a n d d e v e l o p a p o l i c y t o e x a m i n e p o s s i b l e m i t i g a t i o n s . E. F I R E P R O T E C T I O N 1. De v e l o p a p o l i c y t h a t d e v e l o p m e n t w i l l b e p r i o r i t i z e d i n a r e a s w i t h a d e q u a t e w a t e r s u p p l y i n f r a s t r u c t u r e . 2. Pl a n f o r t h e o n g o i n g m a i n t e n a n c e a n d l o n g -te r m i n t e g r i t y o f p l a n n e d a n d e x i s t i n g w a t e r s u p p l y i n f r a s t r u c t u r e . 3. Ma p e x i s t i n g e m e r g e n c y s e r v i c e f a c i l i t i e s a n d n o t e a n y a r e as l a c k i n g s e r v i c e , e s p e c i a l l y i n S R A s o r V H F H S Z s . 4. Pr o j e c t f u t u r e e m e r g e n c y s e r v i c e n e e d s f o r t h e p l a n n e d l a n d u s e s . 5. In c l u d e i n f o r m a t i o n a b o u t e m e r g e n c y s e r v i c e t r a i n i n g s o r s t a n d a r d s a n d p l a n s t o m e e t o r m a i n t a i n t h e m . 6. In c l u d e i n f o r m a t i o n a b o u t in t e r -ag e n c y p r e p a r e d n e s s c o o r d i n a t i o n o r m u t u a l a i d a g r e e m e n t s . Jan. 30, 2024 Item #2 Page 145 of 159 10 Fi r e H a z a r d P l a n n i n g i n O t h e r E l e m e n t s o f t h e G e n e r a l P l a n Wh e n u p d a t i n g t h e G e n e r a l P l a n , h e r e a r e s o m e w a y s t o i n c o r p o r a t e f i r e h a z a r d p l a n n i n g i n t o o t h e r e l e m e n t s . Wi l d f i r e s a f e t y i s b e s t a c c o m p l i s h e d b y h o l i s t i c , st r a t e g i c f i r e p l a n n i n g t h a t t a k e s a d v a n t a g e o f o p p o r t u n i t i e s t o a l i g n p r i o r i t i e s a n d i m p l e m e n t a t i o n m e a s u r e s w i t h i n a n d a c r o ss p l a n s . LA N D U S E E L E M E N T Go a l s a n d p o l i c i e s i n c l u d e m i t i g a t i o n o f f i r e h a z a r d f o r f u t u r e d e v e l o p m e n t or l i m i t d e v e l o p m e n t i n v e r y h i g h f i r e h a z a r d s e v e r i t y z o n e s . Di s c l o s e w i l d l a n d u r b a n -in t e r f a c e h a z a r d s , i n c l u d i n g f i r e h a z a r d s e v e r i t y z o n e s , a n d / o r o t h e r v u l n e r a b l e a r e a s a s d e t e r m i n e d b y C A L F I R E o r l o c a l f i r e a g e n c y . De s i g n a n d l o c a t e n e w d e v e l o p m e n t t o p r o v i d e a d e q u a t e i n f r a s t r u c t u r e f o r t h e s a f e i n g r e s s o f e m e r g e n c y r e s p o n s e v e h i c l e s a n d s i m u l t a n e o u s l y a l l o w c i t i z e n e g r e s s du r i n g e m e r g e n c i e s . De s c r i b e o r m a p a n y F i r e w i s e C o m m u n i t i e s o r o t h e r f i r e s a f e c o m m u n i t i e s a s d e t e r m i n e d b y t h e N a t i o n a l F i r e P r o t e c t i o n A s s o c i a t i o n , F i r e S a f e C o u n c i l , o r o t h e r or g a n i z a t i o n . HO U S I N G E L E M E N T In c o r p o r a t i o n o f c u r r e n t f i r e s a f e b u i l d i n g c o d e s . Id e n t i f y a n d m i t i g a t e s u b s t a n d a r d f i r e s a f e h o u s i n g a n d n e i g h b o r h o o d s r e l a t i v e t o f i r e h a z a r d s e v e r i t y z o n e s . Co n s i d e r d i v e r s e oc c u p a n c i e s a n d t h e i r e f f e c t s o n w i l d f i r e p r o t e c t i o n ( g r o u p h o u s i n g , s e a s o n a l p o p u l a t i o n s , t r a n s i t -de p e n d e n t , e t c ) . OP E N S P A C E A N D C O N S E R V A T I O N E L E M E N T S Id e n t i f y c r i t i c a l n a t u r a l r e s o u r c e v a l u e s r e l a t i v e t o f i r e h a z a r d s e v e r i t y z o n e s . In c l u d e r e s o u r c e m a n a g e m e n t a c t i v i t i e s t o e n h a n c e p r o t e c t i o n o f o p e n s p a c e a n d n a t u r a l r e s o u r c e v a l u e s . In t e g r a t e o p e n s p a c e i n t o f i r e s a f e t y p l a n n i n g a n d e f f e c t i v e n e s s . Mi t i g a t i o n f o r u n i q u e p e s t , d i s e a s e a n d o t h e r f o r e s t h e a l t h i s s u e s l e a d i n g t o h a z a r d o u s s i t u a t i o n s . CI R C U L AT I O N E L E M E N T Pr o v i d e a d e q u a t e a c c e s s t o v e r y h i g h f i r e h a z a r d s e v e r i t y z o n e s . De v e l o p s t a n d a r d s f o r e v a c u a t i o n o f r e s i d e n t i a l a r e a s i n v e r y h i g h f i r e h a z a r d s e v e r i t y z o n e s . In c o r p o r a t e a p o l i c y t h a t p r o v i d e s f o r a f u e l r e d u c t i o n m a i n t e n a n c e p r o g r a m a l o n g ro a d w a y s . Jan. 30, 2024 Item #2 Page 146 of 159 1 Scott Donnell From:Maria Nahmias <marialynn48@gmail.com> Sent:Wednesday, October 18, 2023 5:34 PM To:Scott Donnell Subject:Re: Agenda City Council lot 10 Dear ScoƩ, Thank you so much ! I also have these concerns on this property: Safety & Security We already have low income pushing across gateway from our home. That’s not a big problem; they’re condos. I see people park & drive away already on Colt Pl. as I leave for church Sundays for example. they may be visiƟng there or homeless, live in their car part of each week. Police have been called for this and other people who aƩempted to live at night on our Kensington property. It’s not safe to walk for health or with a baby in stroller, as my neighbor does. This security hazard would increase by 100 fold if that lot 10 is used. Sincerely yours, Maria Maria L. Nahmias, Ph.D. 760-889-7844 6164 Colt Pl. #105 Carlsbad, CA 92009 > On Oct 18, 2023, at 10:19 AM, ScoƩ Donnell <ScoƩ.Donnell@carlsbadca.gov> wrote: > > Good morning, > > Thank you for your comments on Site 10. They will be distributed to the Planning Commission; all of the correspondence received will be posted here: hƩps://www.carlsbadca.gov/city-hall/meeƟngs-agendas/boards- commissions/planning-commission/-folder-834. > > We encourage any addiƟonal correspondence to be submiƩed before 2 p.m. today. > > ScoƩ Donnell > Senior Planner > 1635 Faraday Avenue > Carlsbad, CA 92008-7314 > www.carlsbadca.gov > > 442-339-2618 o | scoƩ.donnell@carlsbadca.gov > > > -----Original Message----- Exhibit 19 Jan. 30, 2024 Item #2 Page 147 of 159 1 Scott Donnell From:Todd Schuett <todd_schuett@yahoo.com> Sent:Friday, October 20, 2023 9:24 AM To:Planning; Scott Donnell Subject:Proposed High Density Community Good day, I’m writing to you regarding the potential building of a high-density community at the end of the cul-de-sac on Colt Place, I believe it is site #10. I’ve been reluctant to write, as I own an affordable unit, and don’t want to prevent others from doing so. But in the last few months I’ve seen the main street through our community, connecting the cul-de-sac to the Sprouts parking lot, become increasingly dangerous. Every day I walk to the coffee shop, CVS, or Sprouts on this street. I’ve seen it become a main thoroughfare for people going to Sprouts and the other businesses in that area from the Staybridge hotel, and to avoid the traffic light at the intersection of Gateway Rd and Finnila Pl. This includes delivery trucks and full-sized semis. Not only has the volume of traffic increased exponentially, but the speed and recklessness of the driving has gotten markedly more dangerous. A few days ago, a car leaving the Sprouts parking lot came within inches of hitting me as they speed through the community. This compelled me to write, as I was run over by a car in a parking lot in high school and know the lifelong damage it does. I survived because I am a literal giant of a man…but a normal person, or God forbid a child, would likely not survive. This is the inevitable outcome of adding a high-density community and the traffic it will bring to this bottleneck street. In addition, in the last 4 years I have watched this lot go from a barren piece of land to a small nature preserve. As the plant life increased in density and variety, so did the wildlife that survive on it. Brush rabbits and ground squirrels moved in, which then turned the lot into a hunting ground for red-tailed hawks raising their chicks, coyotes bedding down and raise their pups, and an occasional owl hunting mice at night. If this lot were cleaned of the debris dumped by construction workers, it would make an ideal refuge for local wildlife to thrive. I encourage you to maintain this lot as commercial property at a minimum, and if it must be housing—to not build a high-density community. I cannot count how many times I’ve seen a car almost hit someone walking their dog on this street…including children. If you move forward with high-density housing in this spot, tragedy is inevitable. Thank you for your time and consideration, Todd Schuett This e-mail, including attachments, may include confidential and/or proprietary information and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution, or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately. Jan. 30, 2024 Item #2 Page 148 of 159 1 From: Barbara Artman <barb.artman@gmail.com> Sent: Saturday, October 21, 2023 1:18 PM To: Scott Donnell <Scott.Donnell@carlsbadca.gov> Subject: Space between Fairfield Suites and Kensington condos Dear Mr. Donnell, This open space needs to stay open space. The area is home to wildlife that has nowhere else to go. The land is bordered on all sides by development. Not every space needs to be developed in Carlsbad. The building that is proposed would impact both the hotel and the condo complex. And the impact is negative for both. Getting in and out of the site would make for dangerous situations in parking lots with families walking to and from these places. Surely, the Carlsbad planning committee can find a place that does not impact the nearby area in so many ways, Thank you for your time. Barbara Artman 7604154539 Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 149 of 159 1 Scott Donnell From:Laura Brown <lauravozzabrown@gmail.com> Sent:Monday, November 13, 2023 2:25 PM To:Scott Donnell Subject:Environmental Scoping Meeting - Site 5 Mr Donnell, My family has lived in the Terramar community for 25 years. Our house is right around the corner from Site 5 located at the Cannon Rd exit from I5 and is adjacent to the railroad track, across from the Power and Desalination plants. Like the downtown area of Carlsbad, we are feeling the pressure from increasing traffic, noise, parking and ADU’s and zoning variances, but our area lacks the infrastructure and resources to support high density housing. We feel that rezoning for Site 5 is not compatible with the area and is completely unnecessary because of existing ADU laws are already increasing density within our community and surrounding area, we currently have about 7 ADUs that are being build at this moment. The proposed Re-Zone would change a planned Industrial 2-acre lot to high density residential with 60 units. If you include the housing laws enacted in 2023 and California’s density bonus laws, density can increase up to an additional 80%, closer to 110 homes. Also, you could see concessions that lift height restrictions, reduce set-backs from the property lines, and reduced parking minimums or require no parking. Traffic in the area is already a problem for the streets of Cannon and Los Robles especially during rush hours in the Carlsbad work zone. The I5 freeway backs up daily and the many accidents lead drivers to exit onto Cannon Rd and the 101 causing congestions making it difficult to exit or enter our community. We also have visitor related traffic for Legoland, strawberry and flower fields, outlet mall and Car County Carlsbad all use Cannon Rd. Parking is limited in this area. The only street parking is along a small strip of Cannon Park, residents would be forced to cross Cannon Rd during some very high traffic volume times and compete with coastline visitors. The street parking in Terramar is already being filled from beach goers and increasing ADU development. There is nowhere else to park. We ask that the city review the "Local Noise Element" of its general plan before a re-zone decision is made to ensure that any type of development is compatible cumulatively with the local noise environment. We are in a sensitive area with noise contributions from the power and desalinization plant activity, SDG&E staging and worksite and Carlsbad Fire State 7 on the Encino property, Cannon Jan. 30, 2024 Item #2 Page 150 of 159 2 Park activities, 15 freeway, train crossing, Carlsbad airport, and military helicopters along our sensitive coastline. Additionally the Site 5 is adjacent to a double railway track. Its location within 30 feet of the train tracks and crossing signals make it a high noise exposure area. Approximately 500 ft of the property line is 30 feet from the center of the tracks, creating dangerous crossings. Across the tracks is an open area and then the fresh water Cannon lake which hosts Kingfishers, Egrets, Great Blue Herons, and Osprey. Most importantly this area does not have the infrastructure to support high density housing. It is not walkable as there are no grocery stores, restaurants or other conveniences within several miles. It was designated for industrial use for good reasons. Site 5 should be removed from the list of sites. This proposed re-zone will put a strain on our roads, environment and change the local identity. At the very least, if a rezone is eminent, the city should greatly reduce the applied zone density. Decreasing the zoning to from 30 units an acre to a more moderate 8-10 units will produce a final density of approximately 30-35 homes. Respectfully Laura Brown 5117 El Arbol Dr, Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 151 of 159 From:Tammy Cloud-McMinn To:Kyle Lancaster; Ana Alarcon; Sheila Cobian Subject:FW: Pickleball Courts Date:Tuesday, January 16, 2024 8:04:42 AM Hi Kyle - this arrived in our general Clerk Inbox. Kind regards, Tammy McMinn, CPMC, CMC Senior Deputy City Clerk City of Carlsbad 442-339-2953 -----Original Message----- From: Tene Anderson <wherestene@gmail.com> Sent: Sunday, January 14, 2024 9:11 AM To: City Clerk <clerk@carlsbadca.gov> Subject: Pickleball Courts Dear Carlsbad City Council, Any chance of us getting some indoor Pickleball/Raquetball courts at Site 10? Thanks for your consideration, Tene A. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 152 of 159 2 From: Steven Oakes <oakes.steven99@gmail.com> Sent: Monday, January 15, 2024 1:40 PM To: City Clerk <Clerk@carlsbadca.gov> Subject: Regarding Potential Low Income Housing Site # 17 Carlsbad City Council, I live in the Bluwater Crossing complex next to the coaster lot. Utilizing the coaster parking lot for this housing development would kill my business and the other 40+ small businesses that my neighbors live and work out of. Please do not develop the site number 17 into low income housing. My livelihood and the lively hood of this community depends on it. There are hair salons, tech startups, coffee shops, coworking space, yoga studios, a small charter school and so many other small business and organizations that would be put out of business as soon at these parking goes away and the coaster users stop shopping in our complex. Not to mention potentially bringing more crime into this thriving little neighborhood. Please find another site for this housing development. Sincerely, your neighbor, Steven Oakes CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 153 of 159 From:Tammy Cloud-McMinn To:Sheila Cobian; Ana Alarcon Subject:FW: Concerns Regarding Low-Income Housing Development at Site 17 (Coaster Lot) Date:Tuesday, January 16, 2024 8:05:56 AM Hi Mandy, Another one in our General Clerk inbox. Thank you! Kind regards, Tammy McMinn, CPMC, CMC Senior Deputy City Clerk City of Carlsbad 442-339-2953 From: Courtney Hulsing <courtneyhulsing@gmail.com> Sent: Monday, January 15, 2024 2:00 PM To: City Clerk <Clerk@carlsbadca.gov> Subject: Concerns Regarding Low-Income Housing Development at Site 17 (Coaster Lot) Dear City of Carlsbad, I hope this email finds you well. I am writing to express my concerns regarding the proposed low- income housing development at Site 17, specifically the Poinsettia-Carlsbad Coaster Lot. I understand the importance of affordable housing, but I believe there are critical factors that need consideration before proceeding with this project. Firstly, the construction of low-income housing at Site 17 poses a potential threat to businesses in the nearby Bluwater Crossing area. The presence of construction activities, noise, and potential disruptions could adversely impact the operations and foot traffic for businesses in this vicinity. It's crucial to prioritize the stability and growth of local businesses, and I urge you to assess the potential economic repercussions this development may have on Bluwater Crossing. Secondly, I would like to draw attention to the significant issue of parking for Coaster trains. The elimination of parking spaces for Coaster trains could lead to logistical challenges and inconvenience for both commuters and the public transportation system. A well-functioning and accessible transportation system is vital for the community's connectivity, and any hindrance to Coaster services should be carefully evaluated. Jan. 30, 2024 Item #2 Page 154 of 159 Additionally, I would like to highlight the potential impact on tenants living in close proximity to the proposed housing development. I personally live in the Bluwater Crossing apartments currently and noise, construction dust, and increased traffic could negatively affect the quality of life for me and the rest of the residents. It's important to consider the well-being of the existing community members and ensure that their living conditions are not compromised during the construction and subsequent habitation of the new housing units. I understand the city's commitment to providing affordable housing options, but I believe it's crucial to balance this goal with the preservation of local businesses, transportation infrastructure, and the well-being of current residents. I kindly request a thorough review of these concerns before making any final decisions regarding the development at Site 17. Thank you for your attention to this matter, and I appreciate your commitment to the betterment of our community. Sincerely, Courtney Hulsing CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 155 of 159 From:City Clerk To:Council Internet Email Cc:Eric Lardy; Scott Donnell Subject:FW: Potential Housing project to replace Carlsbad Cottages at Flame Tree Lane Date:Wednesday, January 17, 2024 4:31:59 PM From: Melissa Clark <mrclark2262@gmail.com> Sent: Wednesday, January 17, 2024 2:14 PM To: City Clerk <clerk@carlsbadca.gov> Subject: Re: Potential Housing project to replace Carlsbad Cottages at Flame Tree Lane On Wed, Jan 17, 2024 at 2:07 PM Melissa Clark <mrclark2262@gmail.com> wrote: Dear City Council members of Carlsbad Ca, I am writing to express my strong opposition to the proposed housing development in our neighborhood. While I understand the need for affordable housing in our city, I believe that this project would have a detrimental impact on our community. First and foremost, the proposed development is simply too large for the area. This would be the third project in the immediate area. This increase in population density would put a strain on our already overburdened infrastructure, leading to increased traffic congestion, noise pollution, and strain on our public services. Furthermore, the type of housing being proposed is simply not in keeping with the character of our neighborhood. This development would bring in a large number of low- income residents, which could lead to increased crime rates and other negative social effects. It would also drastically alter the aesthetic of our area, replacing the existing greenery and open spaces with a monolithic, high-density housing complex. Most importantly, I am deeply concerned about the impact this development would have on property values in the surrounding area. The influx of low-income residents could result in a decline in property values, making it difficult for current residents to sell their homes and move elsewhere. In conclusion, I strongly urge you to reconsider this proposed housing development. While I recognize the need for affordable housing, I believe that this project is simply not the right fit for our neighborhood. Thank you for your attention to this matter. Respectfully yours, Melissa R Clark Jan. 30, 2024 Item #2 Page 156 of 159 (Shorepoint resident) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 157 of 159 From:Tammy Cloud-McMinn To:Scott Donnell Subject:FW: Please stop the Cottage Row site low income housing Development! Date:Monday, January 22, 2024 8:27:28 AM -----Original Message----- From: Jessica Price <jessicalangprice@gmail.com> Sent: Saturday, January 20, 2024 7:29 AM To: City Clerk <clerk@carlsbadca.gov> Subject: Please stop the Cottage Row site low income housing Development! Hi Carlsbad City Council & Staff, The traffic on Aviara Parkway has already increased since construction started on the low income housing development. I am concerned already about having two major developments right by each other. The addition of the cottage row development would be far too many low income housing buildings in one concentrated area which could decrease home values, raise crime and cause a transportation problem since there is limited public transport nearby. Please reconsider another location, possibly along El Camino for a development like this where we have better public transport and can spread out the low income housing. I am in Mariner’s Point but the neighborhoods of Saltaire and Shorepointe would really suffer with this plan that they would have never seen coming. In fact, none of us neighbors could have foreseen the city wanting to build all of this low income housing in one area. Please reconsider the location. Thank you, Jessica Price Mariner’s Point 801-719-0028 Sent from my phone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 158 of 159 From:City Clerk To:Scott Donnell Subject:FW: Opposition to site 8 Date:Tuesday, January 23, 2024 10:00:17 AM From: Ashley Andrews <ashleynandrews@gmail.com> Sent: Tuesday, January 23, 2024 9:25 AM To: City Clerk <clerk@carlsbadca.gov> Subject: Opposition to site 8 City of Carlsbad, My name is Ashley Andrews and my husband and I have lived at 1258 Mariposa Road for almost 11 years. We STRONGLY OPPOSE any large apartment/condo complexes being built on site 8. The city has already approved over 300 units basically touching that lot and this pocket of Carlsbad cannot sustain any more. Please consider the residents before you approve this. Site 8 literally touches my back fence and I am shocked that it is even being considered while those other massive housing developments are currently under construction. The roads and schools in our area CANNOT support this many people. I just served as the PTO President at Pacific Rim Elementary for two years, are you planning to build a new elementary school? Because PacRim could not accommodate hundreds of new students. I urge you to NOT rezone site 8, we have not even had time to see the impact the currently under construction apartments make to our neighborhood. Enough is enough, choose another spot for dense housing. There is already too much in this corner. Do the right thing for Carlsbad and approve Map 2, or if you do approve Map 1 REMOVE SITE 8. Thank you for your time, Ashley Andrews CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 30, 2024 Item #2 Page 159 of 159 Housing Element Implementation and Public Safety Element Update Eric Lardy, City Planner Robert Efird, Principal Planner Scott Donnell, Senior Planner Community Development January 30, 2024 KEY CONSIDERATIONS •Tonight is final step in a 3+ year process to identify and prioritize new sites for housing to meet state requirements •Proposed sites selected based on input from the community, City Council and citizens advisory committee •Certified Housing Element supports goal to provide housing for all income levels and gives the city a say in where housing gets built •City does not build housing. Once zoning changes are made, property owners decide whether to build housing and when. ITEM 2: HOUSING ELEMENT REZONE PROGRAM 2 TODAY’S PRESENTATION •Background •Housing Sites Rezone •Public Safety Element Update •Public outreach and input received •Environmental Analysis •Commission actions and next steps •Recommendation ITEM 1: HOUSING ELEMENT REZONE PROGRAM 3 BACKGROUND ITEM 1: HOUSING ELEMENT REZONE PROGRAM •Role of state, regional and local governments •Housing Elements updated every eight years •Carlsbad Housing Element adopted 2021 •The city’s “housing plan” through 2029 •Implemented by 39 programs, 159 objectives 5 ITEM 2: HOUSING ELEMENT REZONE PROGRAM •Program 1.1: Accommodate forecasted growth •Rezone sites to address RHNA shortfall •Sites must meet criteria •Density is a proxy for affordability •Cities provide capacity for but are not required to build housing •Rezoning must be completed by April 2024 6 ITEM 2: HOUSING ELEMENT REZONE PROGRAM Income group AMI Family of Four Density Extremely Low <30% AMI <$41,350 26.5 du/ac Very Low 30-50% AMI $68,900 26.5 du/ac Low 50-80% AMI $110,250 26.5 du/ac Moderate 80-120% AMI $140,150 11.5 du/ac Above Moderate >120% AMI >$140,150 <11.5 du/ac “du/ac” = dwelling units per acre 7 The 2023 area median income (AMI) for a family of four is $116,800. ITEM 2: HOUSING ELEMENT REZONE PROGRAM ITEM 2: HOUSING ELEMENT REZONE PROGRAM 5th Cycle RHNA 5th Housing Cycle (2013 -2021) Income Category Allocation Permits Issued (2013-2021)% Above Moderate 2,332 3,302 142% Moderate 1,062 420 40% Low 693 295 43% Very Low 912 92 10% Total 4,999 8 ITEM 2: HOUSING ELEMENT REZONE PROGRAM 5th Cycle RHNA vs. 6th Cycle RHNA 5th Housing Cycle (2013 -2021) Income Category Allocation Permits Issued (2013-2021)% Above Moderate 2,332 3,302 142% Moderate 1,062 420 40% Low 693 295 43% Very Low 912 92 10% Total 4,999 6th Housing Cycle (2021 -2029) Income Category Allocation Permits Issued (2021-2023*)% Above Moderate 1,029 482 47% Moderate 749 268 36% Low 784 167 21% Very Low 1,311 91 7% Total 3,873 *CY 2023 totals are draft; not official until finalized in the 2023 Annual Progress Report 9 HOUSING SITES REZONE ITEM 2: HOUSING ELEMENT REZONE PROGRAM Summer 2020 •Public survey on site selection criteria •Report to City Council 11 ITEM 1: HOUSING ELEMENT REZONE PROGRAM 2020 •14 Housing Element Advisory Committee meetings Summer/fall 2021 More sites identified; Public input on potential sites to rezone April 2021 Housing Element adopted by City Council February 2022 City Council decides sites to proceed to environmental analysis Fall 2020 Public review of Housing Element Map 1 12 18 housing sites Sites throughout city Sites are privately and publicly owned Satisfies RHNA ITEM 2: HOUSING ELEMENT REZONE PROGRAM Map 2 13 15 housing sites Excludes sites 3, 8 and 15 Increases units at sites 14 and 17 Satisfies RHNA ITEM 2: HOUSING ELEMENT REZONE PROGRAM 14 Housing sites and existing affordable housing throughout Carlsbad Lack of vacant residential land at medium and higher densities Constraints affect where housing can locate Staff Recommendation on the Maps •Staff recommends Map 1 •Map 1 gives the city the most flexibility due to its greater number of sites •Map 1 better disperses housing throughout Carlsbad •Map 1 slightly decreases site dependency 15 ITEM 2: HOUSING ELEMENT REZONE PROGRAM PUBLIC SAFETY ELEMENT UPDATE ITEM 2: HOUSING ELEMENT REZONE PROGRAM 17 ITEM 2: HOUSING ELEMENT REZONE PROGRAM Wildfire Flooding Airport/Railroad Hazards Hazardous Materials 18 ITEM 2: HOUSING ELEMENT REZONE PROGRAM Earthquakes Climate Change 19 ITEM 2: HOUSING ELEMENT REZONE PROGRAM 20 ITEM 2: HOUSING ELEMENT REZONE PROGRAM Emergency Evacuation Climate adaptation and resiliency Updated hazard information, mapping Disaster recovery funding eligibility Alignment with other plans, programs 21 ITEM 2: HOUSING ELEMENT REZONE PROGRAM 3 new maps 5 updated maps 17 updated policies 53 new policies 1 removed policy 22 ITEM 2: HOUSING ELEMENT REZONE PROGRAM 23 ITEM 2: HOUSING ELEMENT REZONE PROGRAM PUBLIC OUTREACH AND INPUT RECEIVED ITEM 2: HOUSING ELEMENT REZONE PROGRAM 2 online surveys 5,202 participants 1,200+ flyers available at city facilities 19 public meetings Hundreds of comments Direct mail notices 4,000+ residences 6 mailings 48 social media posts reaching 102,000+31 email updates 3,100+ recipients each send What We Heard •Advocacy for/against individual rezone sites •Concerns about community character, traffic, safety, loss of open space, growth management •Comments on density assumptions •Environmental coverage for future projects 27 ITEM 2: HOUSING ELEMENT REZONE PROGRAM ENVIRONMENTAL ANALYSIS ITEM 2: HOUSING ELEMENT REZONE PROGRAM Supplemental EIR 29 •Complete “program” level analysis •Enables action on either map •Supplements 2015 General Plan EIR •Considers impacts, provides mitigation •Supported by findings •Reviewed by the public ITEM 2: HOUSING ELEMENT REZONE PROGRAM COMMISSION ACTIONS & NEXT STEPS ITEM 2: HOUSING ELEMENT REZONE PROGRAM Planning Commission Action •Held a public hearing and considered public testimony •Commission recommended: •Certification of the Supplemental EIR (4/0/2/1) •Rezoning of Site 4 (5/0/1/1) •Rezoning of all other sites, approval of all amendments and approval of Map 1 (5/1/1) 31 ITEM 2: HOUSING ELEMENT REZONE PROGRAM Housing Commission Action •Received an information report on the rezone program •Commission voted 4/1 to recommended a greater minimum affordability requirement for sites 1-18: •City owned sites: 40% (sites 2, 6, and 15) •Non-city owned sites: 20% (remaining sites) 32 ITEM 2: HOUSING ELEMENT REZONE PROGRAM SUMMARY ITEM 2: HOUSING ELEMENT REZONE PROGRAM RECOMMENDATION & NEXT STEPS ITEM 2: HOUSING ELEMENT REZONE PROGRAM 35 What’s Next •Submission to California Coastal Commission •Continued implementation and monitoring of Housing Element Programs ITEM 2: HOUSING ELEMENT REZONE PROGRAM 1.Certify the Final SEIR and adopt related documents, including the additional materials memo dated January 30, 2024 (Exhibit 1) 2.Adopt amendments to the General Plan and Local Coastal Program, except for General Plan Land Use Map changes for Site 8 (Exhibit 2, Attachment B, Exhibit “GPA 2022- 0001/LCPA 2022-0015,” “Site 8 –Cottage Row Apartments” on staff report page 34 of 159) (Exhibit 2) 3.Adopt greater affordability levels for identified properties (Exhibit 3) 4.Amend the Zoning Ordinance and Zoning Map, except for Zoning Map changes for Site 8 (Exhibit 4, Attachment A, Exhibit “ZC 2022-0001/LCPA 2022-0015,” “Site 8 –Cottage Row Apartments” on staff report page 68 of 159) (Exhibit 4) 5.Amend master plans and specific plans (Exhibit 5) 6.Do not include Site 15, “City’s Oak Yard,” as a housing site 36 RECOMMENDATION (SITE 8 AND 15 REMOVAL) ITEM 2: HOUSING ELEMENT REZONE PROGRAM Amending the proposed project to remove Sites 8 and Site 15 is consistent with the environmental analysis. The Draft EIR considered the impact of removing Sites 8 and 15 and concluded that reducing the sites would reduce the severity of impacts related to biological resources, geology and soils, hazards and hazardous materials, and hydrology and water quality compared to the proposed project (all sites). As noted in the draft EIR, the significant and unavoidable impacts related to air quality, historical resources, GHG emissions, construction noise, and transportation already analyzed under the proposed project, would remain if Sites 8 and 15 were removed. Removing Sites 8 and 15 would not create any substantial or net new impacts, and would not increase the severity of any impacts which have been evaluated by the EIR. 37 RECOMMENDATION (SITE 8 AND 15 REMOVAL) ITEM 2: HOUSING ELEMENT REZONE PROGRAM Findings [Exhibit 1, Attachment C, Section 8 (Page 38)] Alternative 2 is rejected as infeasible because it would not as effectively achieve all the objectives of the proposed project. It is not the environmentally superior alternative and would not avoid or substantially lessen the significant air quality, greenhouse gas, cultural and tribal cultural resources, noise, or transportation impacts of the proposed project. The CEQA Guidelines requires that if the No Project Alternative is determined to be the environmentally superior alternative, an environmentally superior alternative must also be identified among the remaining alternatives. As such, the Alternative 2 would lessen some of the environmental impacts as compared to the Proposed Project, while still achieving some of the objectives of the Proposed Project. However, the alternative does not avoid significant environmental impacts and would not avoid or lessen significant and unavoidable impacts related to air quality, historical resources, GHG emissions, construction noise, and transportation. 38 ADDITIONAL MATERIALS MEMO ITEM 1: HOUSING ELEMENT REZONE PROGRAM Housing Element Implementation and Public Safety Element Update Eric Lardy, City Planner Robert Efird, Principal Planner Scott Donnell, Senior Planner Community Development January 30, 2024 BACKUP SLIDES OPTION –MAP 1 Existing, Approved, and Potential Affordable Housing Quadrant Northwest Northeast Southwest Southeast Total Existing affordable units1 524 360 681 645 2,209 Approved, unbuilt affordable units1 200 0 123 31 354 Potential units on vacant existing Housing Element sites for lower and moderate income units2, 3 53 226 0 8 257 Total units possible on the 18 potential housing sites (net increase) 1,871 (1,746) 784 (668) 718 (453) 248 (248) 3,621 (3,115) TOTAL potential affordable units 2,648 1,254 1,522 932 6,356 OPTION –MAP 2 Existing, Approved, and Potential Affordable Housing Quadrant Northwest Northeast Southwest Southeast Total Existing affordable units1 524 360 681 645 2,209 Approved, unbuilt affordable units1 200 0 123 31 354 Potential units on vacant existing Housing Element sites for lower and moderate income units2, 3 53 226 0 8 257 Total units possible on the 18 potential housing sites (net increase) 1,926 (1,833) 784 (668) 641 (409) 248 (248) 3,599 (3,158) TOTAL potential affordable units 2,648 1,254 1,522 932 6,356 ITEM 1: HOUSING ELEMENT REZONE PROGRAM MAP 1 ANALYSIS BY COUNCIL DISTRCT City Council District Number of sites Housing Units Number of units (existing + new)% by District 1 5 1,378 38% 2 8 1,717 47% 3 3 360 10% 4 2 166 5% Total 18 3,621 ITEM 1: HOUSING ELEMENT REZONE PROGRAM MAP 2 ANALYSIS BY COUNCIL DISTRCT City Council District Number of sites Housing Units Number of units (existing + new)% by District 1 3 1,433 40% 2 8 1,717 48% 3 2 283 8% 4 2 166 4% Total 15 3,599 ITEM 1: HOUSING ELEMENT REZONE PROGRAM MAP 1 ANALYSIS BY QUADRANT Quadrant Number of sites Housing Units Number of units (existing + new)% by Quadrant NW 8 1,871 52% NE 2 784 21% SW 6 718 20% SE 2 248 7% Total 18 3,621 ITEM 1: HOUSING ELEMENT REZONE PROGRAM MAP 2 ANALYSIS BY QUADRANT Quadrant Number of sites Housing Units Number of units (existing + new)% by Quadrant NW 6 1,926 53% NE 2 784 22% SW 5 641 18% SE 2 248 7% Total 15 3,599 47 Existing affordable housing Approved (unbuilt) affordable housing Vacant sites with med/high densities Analyzed housing sites Council District Boundary MAP 1 SITES BY COUNCIL DISTRICT 48 Existing affordable housing Approved (unbuilt) affordable housing Vacant sites with med/high densities Council District Boundary MAP 1 SITES BY COUNCIL DISTRICT Analyzed housing sites