2000-061 EIR Greystone Homes RESOLUTION NO. 2000-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS
MAKING THE REQUIRED FINDINGS AND
ADOPTING A MITIGATION MONITORING
AND REPORTING PROGRAM REGARDING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
GREYSTONE HOMES PROJECT (SUBDIVISION MAP)
(Case No. 98-240 TM/CDP/EIR)
WHEREAS, a Final Environmental Impact Report (EIR) was prepared for the Greystone
Homes Project pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, a Notice of Preparation (NOP) was prepared and circulated for public
agency comments from April 22, 1999 to May 22, 1999; and
WHEREAS, a 45-day public review and comment period of the completed Draft
Environmental Impact Report was conducted from January 21, 2000 through March 6, 2000, and
all comments received have been responded to; and
WHEREAS, the Planning Commission held a public hearing on the Draft Environmental
Impact Report on February 10, 2000 to receive oral comments; and
WHEREAS, the Planning Commission received public testimony on the Final
Environmental Impact Report on June 15, 2000; and
WHEREAS, the Planning Commission certified that the Final EIR was prepared and
completed in compliance with CEQA on June 29, 2000; and
WHEREAS, the City Council considered two appeals of the Planning Commission's
approval of the Tentative Map and Coastal Development Permit at a public hearing on August
16, 2000, at which time they received public testimony on the project;
psm/¢dd/g/mso/CC 98-240 GR EIR cettificaiton.doc
WHEREAS, the City Council certified that the Final EIR was prepared and completed in
compliance with CEQA on September 13, 2000, and
WHEREAS, limited revisions to the draft EIR have been prepared as presented in the
text and Appendix to the Final EIR to address comments made during the public review and
comment period;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas has reviewed the Certified Final EIR and Errata for the Greystone Homes Project, and
NOW THEREFORE, BE IT FURTHER RESOLVED that the attached Findings
reflect the City Council's independent judgment as the Lead Agency and that they have been
completed in compliance with CEQA as presented in this Resolution as follows:
SEE ATTACHED EXHIBIT "A"
i NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council adopts
the Mitigation Monitoring and Reporting Program as revised to reflect Alternative No. 5:
Alternative Project Access with 46 single family lots and 2.5 acre park, as recommended by the
Department of Community Development and incorporated into the Tentative Map Resolution of
Approval and as presented in this Resolution as follows:
SEE ATTACHED EXHIBIT "B"
PASSED AND ADOPTED this 13th day of September, 2000, by the following vote, to
wit:
Ayes: Bond, DuVivier, Guerin, Holz
Nays: Cameron
Absent: None
Abstain: None
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Mayor Chuck DuVivier
City of Encinitas City Council
ATTEST:
Deborah Cervone,
City Clerk
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EXHIBIT "A"
Resolution No. 2000-61
FINDINGS OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS REGARDING
THE CERTIFIED FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE GREYSTONE HOMES PROJECT
The City Council of the City of Encinitas hereby makes the following Findings
concerning the Final Environmental Impact Report (FEIR), identified as State Clearinghouse No.
199041113, for the Greystone Homes Project pursuant to the California Environmental Quality
Act ("CEQA"), Public Resources Code Section 21000 et seq., and its implementing guidelines
("CEQA Guidelines"), 14 California Code of Regulations Section 15000 et seq.
Section 15091 of the CEQA Guidelines provides, in pertinent part, as follows:
(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 EIR.
(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 agency or can and should be adopted by such
other agency.
(3) Specific economic, legal, social, technological or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in the
final EIR.
Psm/cdd/g/reso/CC 98-240 GR EIR certificaiton.doc
1. F~indings Regarding Potential Significant Adverse Impacts Which Can Be
Mitigated.
The analysis presented in the FEIR determined that the potential significant adverse
impacts of Alternative 5 - "Alternative Project Access" - as described in the FEIR and discussed
below can be mitigated to a level of insignificance by adopting the mitigation measures
proposed. All mitigation measures under the jurisdiction of the City as listed below and
contained within the FEIR which incorporates the text of the DEIR are hereby adopted and shall
be incorporated into the project as approved. Pursuant to Section 15091(a)(1), the City Council
does hereby find that changes or alterations have been required in, or incorporated into, the
project which will avoid or substantially lessen the significant environmental effects listed below
and identified in the FEIR:
a. Hazardous Materials.
Significant Effect: The FEIR identifies the prior discovery of high
concentrations of total recoverable petroleum hydrocarbons/total petroleum hydrocarbons in the
soil near a piece of hydraulic equipment onsite. The previously recommended excavation of the
impacted soil and the disposal of that soil was not completed. However, in the 1999 site visit
and the subsequent 1999 soil sampling activities, there was no observation of soil discoloration
at or in proximity to that location.
Facts in Support of Finding: The project applicant shall implement the
mitigation measures described at Section 4.1.3 of the DEIR and incorporated into the FEIR by
segregating and properly disposing offsite any discolored soil, indicative of hydraulic oil release,
should such soil be encountered during site grading activities in the vicinity of the location where
the prior discovery was made.
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~ b. Drainage and Water Quality.
Significant Effect:
(1) Erosion and Sedimentation: The FEIR identifies that increased
surface water velocity from impermeable surfaces onto unpaved surfaces has the potential to
cause localized scour and erosion. During construction, erosion and sedimentation could occur
where surface runoff is allowed to flow over graded slopes.
(2) Surface Water Quality: The FEIR identifies that the proposed
development has the potential to affect surface water quality on and in proximity to the project
site. Short-term impacts to surface water quality include those related to potential transport of
eroded soil resulting from construction activities (e.g., degradation of water quality as a result of
construction-related sediment influx). In addition, long-term impacts may occur as a result of
residential development (e.g., an increase in urban pollutant runoff from impervious surfaces),
and incremental increases in urban pollutant loading to downstream areas.
Facts in Support of Finding:
(1) Erosion and Sedimentation: The project applicant shall implement
the mitigation measures described at Section 4.2.3 of the DEIR and incorporated into the FEIR
as follows:
Project grading activities shall be performed in accordance with
applicable sections of Chapter 23.24 of the Encinitas Municipal
Code.
Grading shall be performed under the observation of a California
registered civil engineer whose responsibility it shall be to
coordinate site inspection and testing to ensure compliance of the
work with the approved grading plan, submit required reports to
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the City of Encinitas Engineering Services Department, and verify
compliance with Chapter 23.24 of the Encinitas Municipal Code.
The project shall comply with the following applicable sections
from Chapter 23.24:
Section 23.24.140 - Grading Plan
Sections 23.24.150 and 23.24.160 - Interim/Final Erosion and
Sediment Control Plans
Section 23.24.190 - Landscape and Irrigation Plan
Section 23.24.200 - Work Schedule
Section 23.24.320 - Timing of Grading Operations
Section 23.24.370 - Wet Season Work
Section 23.24.380 - Erosion Control System
Section 23.24.390 - Erosion Control Maintenance
Section 23.24.400 - Dry Season Work
Section 23.24.510 - Planting of Slopes
In accordance with the City's Municipal Code Chapter 23.96, the
applicant shall pay a flood control fee as determined by the
Community Development Department to provide for flood control
facilities needed to serve the development.
(2) Surface Water Quality: The project applicant shall implement the
mitigation measures described at Section 4.2.3 of the DEIR as modified by the mitigation
measures described in paragraphs 11, 12 and 13 (pp. 2-4 and 2-5) of the FEIR and incorporated
into the FEIR as follows:
A natural biofilter, which will include a grass swale and grass
depression (detention basin), shall be provided within the park.
The purpose of the grass swale and grass depression shall be
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twofold: (1) to temporarily detain surface water runoff such that
the post-project peak discharge (i.e., the Q100 storm flow) will
remain the same as for the pre-project condition; and (2) to reduce
offsite sediment and pollutant transport and facilitate the filtration
of the dry season flow and first flush storm flow, which contains
the highest concentration of urban pollutants. Filtration of surface
water associated with nonstorm flows shall be accomplished via
the grass swale, whereas filtration of storm flows (i.e., those up to
and including the first flush) shall be accomplished via both the
grass swale and the grass-lined detention basin acting in concert.
The grass swale shall be sized to treat a mn-off flow of up to 100
gallons per minute. The grass depression shall be designed to
reduce the post-development storm mn-off to pre-development
quantities for 100-year, 50-year, and 10-year storm frequencies.
The grass swale and detention basin shall be designed in
accordance with the recommendations of a California registered
civil engineer.
Prior to commencement of construction, the contractor for the
proposed development shall submit a Notice of Intent (NOI) to the
State Water Resources Control Board (SWRCB). The contractor
shall prepare a construction-related Storm Water Pollution
Prevention Plan (SWPPP) prior to commencement of construction
and shall retain the SWPPP onsite and implement the SWPPP
during construction.
Surface water impacts resulting from urban pollutant loading shall
be mitigated through the use of Best Management Practices
(BMPs). Final storm water design plans for the proposed project
shall include BMPs specifically designed to enhance the onsite
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infiltration of dissolved urban pollutants contained in the first
flush.
The final storm water design plans for the proposed project shall
incorporate any recommendations of a California registered civil
engineer for maximizing the effectiveness of proposed onsite
drainage structures (including the surface water detention facility)
in removing (i.e., infiltrating) dissolved urban pollutants contained
in the first flush.
c. Noise.
Significant Effect: The FEIR identifies potential interior noise impacts
on the two-story residence to be located in Lot #13 as identified on the tentative subdivision map
in that the interior noise levels for the upper story of that residence would exceed 60 dB CNEL
upon implementation of the project.
Facts in Support of Finding: The project applicant shall implement the
mitigation measure described under Alternative 5 in Table 1 at page 1-8 of the FEIR by
providing a project design and building plans for the two-story residence on Lot #14 which
comply with CCR Title 24 - Noise Insulation Standards - to reduce interior noise levels on the
upper story of that residence to less than 60 dB CNEL.
d. Community Character.
Significant Effect:
Light Impacts: The FEIR identifies light anticipated to be generated by
the interior and exterior lighting of residences within the project, streetlights (consistent with
City standards) and automobile lights as significant impacts.
Visual Impacts: The required road improvements will substantially alter
the informal feel to the neighboring community, which is considered a significant impact to the
existing visual character. Unless protected during site preparation and grading operations, the
Torrey Pine located near the northern boundary of the project site could be adversely impacted.
F acts in Support of Finding:
Light Impacts: The project applicant shall implement the mitigation
measures described at Section 4.7.3 of the DEIR and incorporated into the FEIR as follows:
During design review, the City of Encinitas will ensure that site improvements, including
possible lighting and glare, do not adversely affect adjacent properties and are consistent with
Municipal Code requirements. Street lighting shall be minimal to help preserve the dark sky
character of the community and appropriate modifications should be made through Section 4.6 of
the Public Road Standards.
Visual Impacts: The project applicant shall implement the mitigation
measures described at Section 4.7.3 of the DEIR as modified by the mitigation measures
described under Alternative 5 in Table 1 at page 1-9 and paragraph 16 (p. 2-5) of the FEIR and
incorporated into the FEIR as follows: Modify road standards, as per Section 4.6 of the Public
Road Standards, to allow the following:
Sanford Street and all intemal public streets: softened street edge
to be accomplished by either no curb (pavement edge provided
with a concrete swale) or a rolled curb. The concrete swale or
roiled curb to be colored and textured to either match the street
pavement or be earth tone in color. The sidewalk shall be
composed of decomposed granite, soil cement, or concrete with
earth tone colors. The sidewalk shall be provided on only one side
of the street.
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Vulcan Avenue: sidewalks to be either decomposed granite, soil
cement, or concrete with earth tone colors. All other road
improvements along Vulcan Avenue are to meet City standards.
Modify road standards by accommodating a reduced right-of-way
and pavement width.
To ensure the protection of the Torrey pine located near the
northern boundary of the project site, the following mitigation
measure is required: During site preparation and grading
operations, a qualified arborist will be onsite to ensure the
protection of the Torrey pine located off`site near the northern
boundary of the project site.
2. Findings Regarding Potential Significant Impacts Determined To Be Not
Significant After Analysis in the FEIR.
a. Traffic and Circulation.
Project Alternative 5 would generate 600 ADT wkich would have a measurable,
but not a significant, traffic impact to the surrounding roadway system as described in the FEIR.
The project's access point under Alternative 5 would be closer to Vulcan Avenue than shown in
the originally proposed project description, but this would not change circulation patterns
significantly from those in the proposed project. The Alternative's access point proposes
adequate site distances based on City standards. In addition, the project applicant will as a part
of the project pay to the City traffic impact fees imposed on all new development by Municipal
Code Chapter 23.94. Therefore, identified potential impacts of the proposed project to Traffic
and Circulation are determined to be not significant.
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b. Noise.
In addition to the noise impact for which mitigation measures were imposed to
reduce the impact to below the level of significance, as described above under subparagraph 1.c.,
the FEIR also identified Short-term noise due to grading and construction as potential impacts
and stated that, based on noise modeling results, this noise would be intermittent, short-term and
would not exceed the noise levels allowed by the City's noise ordinance. Therefore, any such
identified potential impacts of the proposed project from Noise are determined to be not
significant.
c. Agricultural Resources.
Because the project site is not currently being used for agricultural production,
there would be no direct impact from the proposed project on agriculture. The proposed project
would not irreversibly convert land currently under agricultural production to other uses.
Furthermore, the project site is zoned for residential use and is not designated for special status
agricultural use. Therefore, identified potential impacts of the proposed project on Agricultural
Resources are determined to be not significant.
d. Historical Resources.
The Blair-Perry house, located at 210 Sanford Street, was deemed not to be
historically significant. Based on the research performed for the project, it was determined that
the property did not meet local, state, or national criteria for inclusion on historic registers.
Therefore, identified potential impacts of the proposed project on Historical Resources are
determined to be not significant.
e. Commtmity Character.
In addition to the community character impact for which mitigation measures
were imposed to reduce the impact to below the level of significance, as described above under
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subparagraph 1 .d., the FEIR also identified additional community character impacts from the
project due to substantial alteration of the informal feel to the neighboring community because of
the visual impacts of road improvements required by the City's road standards.
Alternative 5 as described in the FEIR contains the following project design
changes: reduction in width of street right-of-way and pavement on interior project roads,
allowing for increased front yard and back yard setbacks and larger lot sizes within the project.
Further, the modified road standards per Section 4.6 of the City's Public Road Standards
authorize the following changes to sidewalk and curb design:
Sanford Street and all internal public streets: softened street edge to be
accomplished by either no curb (pavement edge. provided with a concrete
swale) or a rolled curb. The concrete swale or rolled curb to be colored
and textured to either match the street pavement or be earth tone in color.
The sidewalk shall be composed of decomposed granite, soil cement, or
concrete with earth tone colors. The sidewalk shall be provided on only
one side of the street.
Vulcan Avenue: sidewalks to be either decomposed granite, soil cement,
or concrete with earth tone colors. All other road improvements along
Vulcan Avenue are to meet City standards.
These project design changes and modified road standards, which are
incorporated into Alternative 5, have allowed the flexibility for many architectural and structural
changes which add variety to the project thereby retaining the informal feel to the neighboring
community. Therefore, these identified potential additional impacts of the proposed project on
Community Character are deemed to be not significant.
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f. Recreational Services and Infrastructure.
Although there currently is a deficit of parkland within the City, the project
applicant will provide a 2.5-acre park with the project. The applicant would dedicate 0.61 acres
of land (in lieu of paying park fees) and the City would purchase the remaining 1.89 acres of
land for the park site. Any park improvements provided by the applicant would be subject to an
agreement with the City for reimbursement of the expense thereof. Since the addition of this
park will partially offset the City's current deficit, impacts to recreational services are below a
level of significance.
No impacts to sewer service would occur as the Leucadia County Water District
has the available capacity to service the site.
Therefore, identified potential impacts of the proposed project on Recreational
Services and Infrastructure are determined to be not significant.
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EXHIBIT B
RESOLUTION NO. 2000-61
MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Monitoring and Reporting Progtam for the
Greystone Homes Project
(Case No. 98-240)
SCH No. 99041113
pr~parzd for:
~05 $. Vulcan Avenue
Ogden Environmental and Energy Services Co., Ine.
5510 Morehouse Drive
San Diego, California 92121
May 2.OO0
IIII
MITIGATION MONITORING AND REPORTING PROGRAM
for the
Greystone Homes Project
(Case No. 98-240)
· 8CH No. 99041113 Msy 2000
The California Environmental Quality Act (CEQA) Section 21081.6 requires that a
mitigation roonitoring and reporting program (MMIC) be established upon certification
of an Environmental Impact Report (El'R). It stipulates that '"the public agency shah
adopt a rcpo~no_ or monitoring progrnm for the changes to the project which it has
adopted or roade a condition of project approval ~n order to mitigate or avoid slgtt~fi~nnt
c.ffects on the ~nvironment The r~porting or monitoring program shall be designed to
ensure compliance during project implementation." A mitigation roonitorin~ and
reporting program for the GreysWne Homes project is presented as Table 1.
This .IvIMP. P has been developed in compliance with Section 2.1051:6 of CEQ.A .and
id~ntifies the (l) mitigation measures to be implemented to ~luce impacts ~o oelow
a level of significance, (2) type of mitigation, (3) r~sponm'ble party or moniior,
(4) miti8sti°n timing or schedule, (5) compliance authority, and (63 associated
documemation- The following provides further explanation of the progrnm-
· Mitigation measures listed in the pr°.gran~, ar~ tho. se necessary to either reduce
si~l~cant proje?, impacts to below a lew~ of sisnificance as adopted or make as
conditions of project approval.
'- ......... ,- - -~---:~cation based on ~,ociated activities. The
· Thc tv~e olmmganon mrasu~ ~ n ~..-~.~-, ~,- ,-,~,, ..~.:-~. ·
--~[[-~,~ incomorated inlo pl.., such as tentauvc maps or m~e .pmns
~r.~o~,,,~ -r- · · · ~l Oll
road impwvemenls or gradm_o .specifications. The seco type, ~
miliSation (program symbol - CIV0, includes roeasores conducled in the, nolo aunn~
...... ~ - ~tlno :-'~'~ong, temporary dust and erosion
....... and sheet hnorovernant mspec~ons. The last type ~s sumameo
COlil~O[, alia orallla~ p ..........
mitigation (l~ro~am symbol - SM), which rocmaes wn~-tenn m~s~-~ ,~
debris maintenance or landscape vngctation maintenance.
~....~or~m monitor is the vcrson r~spons~le for implcr~.¢niin~ .or.
· ;l~l~i~'~O;-~f the mitigati;n measure~ .s~. ch as.a. state repste.r~.. ,!vll ~
landscape plan and certifying its implementation.
· The schedule is the poin! in time when mitisation measures and roonitorlno_ occur,
u.-,,-"y prior ~o, during, or after con~U,~io.n.
· ¢ COlllpllallC~ atllllOlll~ IS mC..}.}.}.}.}.}.}.}.}~vu $ ,'~r- . . .
· ~ comvictcd as rcquL-cd. This pc~on, such as ~ Cit~ Ev~ne~ or th~..Ci.'t~
~;mmu~tY Development Dir~tor, rClXcs~nts the Pr°~ect approval and pcnnittin~a
r~....~,~ documcntalion provides a written ..record of m?$atlon m.e.ea~c,
· .r"~'"~-°~°:on. A mitioation monitori~ compliancc rcpoll (prosra~..s~_.om ~.
unpl_c?.c~,~._,._ .,.. r.'e' ~r. ,o. ' ,~*- or landscape plan or a coral]cation ox
implementation letter indicet;,~_o completion of ame. asurc. ·