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2006-25 RESOLUTION NO. PC 2006-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ENCINITAS MAKING THE REQUIRED CEQA FINDINGS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CORAL COVE RESIDENTIAL PROJECT CASE NO. 03-090 TMlMUP/DR/CDP WHEREAS, a Final Environmental Impact Report (EIR) was prepared for the Coral Cove Residential Project pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, a Notice of Preparation (NOP) was prepared and circulated for public and agency comments from October I, 2004 to October 31, 2004; and WHEREAS, a 45 day public and agency review and comment period of the completed Draft EIR was conducted from Decemper 5,2005 to January 19, 2006; and WHEREAS, the Planning Commission held a public comment meeting on the Draft EIR on January 5, 2006 to receive oral comments; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas has reviewed the Final EIR; and NOW THEREFORE, BE IT FURTHER RESOLVED that the attached Findings reflect the Planning Commission'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 EXHIBIT "A" NOW THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby certifies the Final EIR and adopts the Mitigation Monitoring and Reporting Program presented as follows: SEE EXHIBIT "B" cdIDL/RPC03090-FEIR.625 (6/14/06) 1 wit: PASSED AND ADOPTED this 1st day of June, 2006 by the following vote, to Ayes: Commissioners Chapo, Avis, Snow, Felker and McCabe Nays: None Absent: None Abstain: None Gene Ch . of the Planning Commi sion of the City of Encinitas ATTEST: --~bL( tlld/~~ /v-- Patrick Murphy Secretary NOTE: This action is subject to Chapter 1.04 of the Municipal Code, which specifies time limits for legal challenges. cdIDLIRPC03090-FEIR.625 (6/14/06) 2 EXHIBIT "A" Resolution No. PC-2006-25 CEQA FINDINGS for the Coral Cove Residential Project SCH No. 2004111010 City Case No. 03-090 TMlMUP/DR/CDP The California Environmeptal Quality Act (CEQA) requires that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects thereof unless such public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report; B. Such change or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency or can and should be adopted by such other agency; or C. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report (Cal. Pub. Res. Code Section 21081) CEQA further requires that, where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR, but are not mitigated to a level of less than significant, the agency shall state in writing the specific reasons to support its actions based on the Final ErR or other information in the record (Section 15093[b] of the CEQA Guidelines). The following Findings have been submitted by the project applicant as candidate Findings to be made by the decision making body. Documents or other materials which constitute the record of proceedings upon which these Findings are made are located at the City of Encinitas Planning and Building Department, 505 S. Vulcan Avenue, Encinitas, CA 92024. INTRODUCTION These Findings are made relative to the Environmental Impact Report (Final EIR) for the Coral Cove Residential Project. The City of Encinitas will use the Final EIR to guide its decisions in adopting and implementing the Coral Cove Residential Project. In general, the ErR provides the decision-makers and the public with the information required to understand the future 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS environmental consequences of developing the Coral Cove Residential Project and vanous alternatives for development of the property. The City's actions include adoption of an alternative to the proposed project, the Ashbury Street Pedestrian Connections Alternative, which proposes to construct 30 single-family attached units and 39 single-family detached homes, for a total of 69 units on an approximately lO-acre project site. The project site is located on the southeast corner of North Vulcan Avenue and Ashbury Street in the community of Leucadia, in the northern portion of the City. A total of eight alternatives, including the No Project Alternative are considered in the EIR. Other discretionary actions taken by the City include Tentative Map Approval, Major Use Permit Approval, Design Review Permit Approval, and Coastal Development Permit Approval. The City Planning Commission adopted the Ashbury Street Pedestrian Connections Alternative, one of two environmentally superior alternatives in the Final EIR. This alternative was raised from members of the surrounding community during the Draft EIR public review period. This alternative avoids significant and unmitigable land use and community character impacts associated with the proposed project, and subsequent to the Draft EIR public review period, the applicant for the project decided to proceed with this alternative in their development application with the City. Therefore, the Findings presented herein pertain to the Ashbury Street Pedestrian Connections Alternative (rather than the proposed project as presented in the Final EIR). The Final ErR adequately analyzes the potentially significant environment impacts of the Ashbury Street Pedestrian Connections Alternative. The Ashbury Street Pedestrian Connections Alternative would provide pedestrian-only access from the Coral Cove project to Ashbury Street. This alternative would connect the project subdivision to the existing community to the north by providing pedestrian-only accessways near the existing dead ends of Eucalyptus and Wilstone Avenues. This alternative extends Eucalyptus Avenue into the project site providing pedestrian only access in the location of the emergency access. This alternative also creates a connection with Ashbury Street farther east near Hygeia Avenue. In addition, this alternative would incorporate the 8-foot-wide landscape buffer along Ashbury Street. Specifically, it would add a standard five-foot sidewalk and 2 additional feet of landscaping along Ashbury Street (for a total of 8 feet of landscaping). As part of this alternative, the applicant would include a total of 16 trees along the rear yards of the eight lots abutting Ashbury Street. Each tree would be a minimum of 15 gallons. A minimum of one tree per lot would be planted. These 16 trees would contribute to the enhanced buffer for viewers to the north of the project site. 2 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS CONCLUSIONS OF THE FINAL EIR The Final EIR evaluates the following environmental issues in relation to the project: land use and planning; aesthetics/community character; biological resources; cultural resources; geology and soils; agricultural resources; hydrology and water quality; transportation and circulation; noise; air quality; and hazards and hazardous materials. The Final EIR also evaluates the cumulative and growth-inducing impacts, as well as alternatives to the proposed project. The Final EIR indicates that the Ashbury Street Pedestrian Connections Alternative's direct significant impacts on the following issues can be substantially lessened or avoided if all the proposed mitigation measures recommended in the Final ErR are implemented: aesthetics/community character, biological resources, cultural resources, hydrology and water quality, transportation and circulation, noise, and hazards and hazardous materials. There would not be any significant impacts that could not be mitigated to below a level of significance. With respect to cumulative impacts, the project would result in cumulatively significant transportation and circulation impacts. The cumulative transportation and circulation impacts would be mitigated to below a level of significance with mitigation incorporated. The following findings are made pursuant to Section 21081 of CEQA and Title 14 of the California Code of Regulations, Section 15091 (State CEQA Guidelines). I. Public Resources Code Section 21081 (a)(l) The Planning Commission, having reviewed and considered the information contained in the Final ErR for Coral Cove Residential Project, finds (pursuant to CEQA and the CEQA Guidelines) that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR with respect to the areas of (A) land use and planning; (B) aesthetics/community character, (C) biological resources, (D) cultural resources, (E) hydrology and water quality, (F) transportation and circulation, (G) noise, and (H) hazards and hazardous materials. A. Land Use and Planning Impact: The project, as modified by the Ashbury Street Pedestrian Connections Alternative, would result in removal of three eucalyptus trees along Vulcan Avenue which would not be consistent with the vision and goals of the City's North 101 Corridor Specific Plan. Project implementation would conflict with the North 101 Corridor Specific Plan Community Vision Goal to preserve and maintain existing mature eucalyptus trees for the entire North 101 corridor, which would result in a significant land use impact. 3 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS Finding: The City's obligation to comply with the North 101 Corridor Specific Plan Community Vision Goal would be ensured with adoption of the mitigation measure provided in item B below (and in Section 4.2.6 of the Final EIR) for project impacts associated with aesthetics/community character. This mitigation measure requires that loss of the three eucalyptus trees be compensated for with enhanced landscaping, which must provide at least four 72-inch box specimen trees along North Vulcan Avenue. With implementation of the mitigation measure, impacts would be reduced to less than significant. B. Aesthetics/Community Character Impact: As part of the project, as modified by the Ashbury Street Pedestrian Connections Alternative, Vulcan A venue is proposed to be widened with a dedication of an additional five feet of right-of-way to create a total of 55 feet of right-of-way. The project would result in the removal of three large eucalyptus trees located within the proposed right-of-way of Vulcan A venue south of Ashbury Street. The loss of these three trees would result in a substantial degradation of scenic resources; impacts would be significant. Finding: To mitigate visual resource impacts to below a level of significance, future development would be required to implement the following mitigation measure: · Prior to building and/or grading permit issuance, the project applicant shall submit a landscape plan that substantially conforms with the project's conceptual landscape plan proposed along North Vulcan Avenue which compensates for the loss of three eucalyptus trees along North Vulcan Avenue, to the satisfaction of the Planning and Building Department Director. At a minimum, the landscape plan shall provide four 72-inch box specimen trees along the North Vulcan Avenue frontage. All remaining trees within this area shall have a minimum box size of 36 inches. As described in Pages 4.2-8 to 4.2-11 of the Final EIR, extensive landscaping along the project perimeter, including Vulcan A venue, will enhance the aesthetic character of the project and ease its integration into the neighboring community. Further, implementation of this mitigation measure will ensure that the three eucalyptus trees removed along Vulcan A venue will be compensated for to the satisfaction of Encinitas Planning and Building Department Director. Such compensation will include a minimum of four 72-inch box specimen trees. Therefore, the project, as modified by the Ashbury Street Pedestrian Connections Alternative, will result in a less than significant impact in this regard. Mitigation Measures LU-Ia and LU-Ib, set forth on Page 4.1-26 of the Final EIR are not adopted because the significant land use impacts these mitigations measures were intended to reduce will be avoided by development of the Ashbury Street Pedestrian Connections Alternative. The North 101 Corridor Specific Plan and Encinitas Public Road Standards require a 5-foot sidewalk 4 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS along Ashbury Street. The originally proposed project did not include a sidewalk along Ashbury Street. Mitigation measures LU-I and LU-Ib were intended to address impacts resulting from the failure to construct this sidewalk. The project, as modified by the Ashbury Street Pedestrian Connections Alternative, however, will include a 5-foot sidewalk along Ashbury Street. As such, the land use policy conflicts relating to sidewalks along Ashbury Street will be avoided and mitigation measures LU-Ia and LU-Ib are unnecessary. C. Biological Resources Impact: At the proposed improvement area for the La Costa AvenueNulcan Avenue intersection, indirect impacts to sensitive nesting raptors could occur if construction activity is to take place during the breeding season (i.e., January through September) and raptors are found to be nesting in adjacent eucalyptus trees. Biological resource impacts would be significant. Finding: To mitigate the potential impacts on biological resources (i.e., raptors) to below a level of significance, future development would be required to implement the following measure: · Prior to issuance of the public improvement permit for the La Costa AvenueNulcan Avenue intersection, the following measure shall be included on improvement plans, to the satisfaction of the Planning and Building Department: In order to avoid conflicts with the Migratory Bird Treaty Act, a nesting bird survey shall be completed by a qualified biologist no more than 72 hours prior to any vegetation clearing activities if development occurs during the general breeding season (i.e., February 15 through September 15). Large raptors typically begin breeding activities earlier than songbird species (i.e., late December/early January), thus the survey should be conducted if the trees will be removed after January I. rf any active nests are detected, the area will be flagged and mapped on the construction plans along with a minimum of a 25-foot radius buffer for passerine species and up to a maximum of a 300-foot radius buffer for raptors based upon input from the project biologist. The nests will be protected until the nesting cycle is complete. This mitigation measure ensures that the presence of raptors will be identified before construction activities at the La Costa AvenueNulcan Avenue intersection commence. rf any active nests are found to be present, an appropriate buffer will be established between the project construction and trees containing occupied nests to ensure that they are not disturbed. These measures have proven effective in avoiding potential impacts to sensitive wildlife species during construction of a proj ect. 5 4086-01 Coral Cove Residential ProjectaMay 2006 CEQA FINDINGS D. Cultural Resources Impact: The onsite house at 1657 Vulcan Avenue and the historic location of the former structure shown on the 1898 map of the property have the potential for containing significant subsurface archaeological deposits. Because of the dispersed nature of land use on farmstead sites, it is difficult to identify the location of these types of features and deposits through traditional archaeological testing methods. Therefore, construction monitoring during construction grading will be employed to identify and preserve any significant cultural resources that may exist near the house at 1657 Vulcan Avenue or the former structure shown on the 1898 map, thus reducing the potential for significant effects to a level ofless than significant. Finding: To mitigate the potential impacts on potentially-occurring cultural resources to below a level of significance, future development would be required to implement the following measures: · Prior to grading permit issuance, the following measures shall be included on project grading plans: The applicant shall provide a full-time archaeological monitoring program during any grading activity within 100 feet of the on-site historic location of the 1898 structure and residence at 1657 Vulcan Avenue per the following requirements: a. Prior to the issuance of a building and/or grading permit, the applicant shall provide a letter of verification to the Planning and Building Department stating that a qualified archaeologist and/or archaeological monitor, as defined in the City's guidelines, have been retained to implement the monitoring program. The requirement for archaeological monitoring shall be noted on the grading plans under the heading "Environmental Requirements". All persons involved in the archaeological monitoring of this project shall be approved by the Planning and Building Department prior to the first preconstruction meeting. The applicant shall notify the Planning and Building Department of the start and end of construction. b. The qualified archaeologist shall attend any pre-construction meetings to make comments and/or suggestions concerning the archaeological monitoring program with the construction manager. c. The qualified archaeologist or archaeological monitor shall be present on-site full-time during grading of soils within 100 feet of the on-site structures. d. The topsoil within 100 feet of the on-site residence at 1657 Vulcan Avenue shall be removed in shallow increments of approximately 12 inches. rf archaeological features are encountered, the archaeologist shall request the 6 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS project contractor to divert, direct or temporarily halt ground disturbing activities in the area of discovery to allow evaluation of potentially significant historical resources. The archaeologist shall immediately notify Planning and Building Department staff of such finding at the time of discovery. The significance of the discovered resource( s) shall be determined by the archaeologist in consultation with the Planning and Building Department. The Planning and Building Department Director must concur with the evaluation procedures before grading activities are allowed to resume. For significant historical resources, a Research Design and Data Recovery Program shall be prepared and carried out to mitigate impacts before grading activities in the area of discovery is allowed to resume. d. All historical materials collected shall be cleaned, cataloged and permanently curated with an appropriate institution (i.e., Encinitas Historical Society or the San Diego Archaeological Society). All artifacts shall be analyzed to identify function and chronology as they relate to the history of the area. Additionally, any sites and/or features encountered during the monitoring program shall be recorded on the applicable Department of Parks and Recreation forms (DPR 523A/B, et al.) and submitted to the South Coastal Information Center at San Diego State University and the San Diego Museum of Man with the final monitoring results report. e. Prior to the release of the grading bond, a monitoring results report and/or evaluation report, if appropriate, which describes the results, analysis, and conclusions of the entire historical monitoring program (with appropriate graphics and photo documentation) shall be submitted to and approved by the Planning and Building Department Director. For significant historical resources, a Research, Design and Data Recovery Program shall be included as part of the evaluation report. A mitigation report for significant historical resources, if required, shall be submitted to and approved by the Planning and Building Department Director prior to the release of the grading bond. g. Copies of the approved monitoring report shall be provided to the Encinitas Historical Society, San Diego Historical Society, and the South Coastal Information Center at San Diego State University. rmplementation of these mitigation measures will reduce the potentially significant impacts to archeological or historical resources (if any) existing near the house at 1657 Vulcan Avenue or the site of the former structure shown on the 1898 map. The mitigation measure requires a qualified archeologist and/or archeological monitor, as determined by the Building and Planning Department, coordination with the field monitor who will be present during preconstruction meetings and grading within 100 feet of the house at 1657 Vulcan Avenue or the site of the former structure shown on the 1898 map, a field monitor who has authority to halt grading if any 7 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS prehistoric artifacts that are uncovered, provIsIOn for the archaeologist to implement a data recovery plan in the event any archeological or historical features are discovered, and a provision for historical materials to be permanently curated with an appropriate institution. These measures will ensure that archeological or historical artifacts discovered onsite are properly identified, handled, preserved and documented, thus reducing potentially significant cultural resource impacts to a level ofless than significant. Impact: For historical resources, the literature review and field survey were positive, identifying two structures in the southwest corner of the project site. One structure was shown on the 1898 maps. In addition, a historical residential structure at 1657 Vulcan Avenue was identified, and possesses an early 20th century architectural appearance. An evaluation of the historic structure to determine eligibility to the California Register of Historical Resources was therefore conducted. The house at 1657 Vulcan Avenue appears to be potentially eligible for listing on the California Register of Historic Resources under Criterion A for its association with pioneer avocado growers Dirk and Wilhelmina Dolman. In addition, the structure qualifies for listing under Criterion C in that it embodies the distinctive characteristics of a Spanish Revival style home representing the Eclectic movement in architecture that was popular during the 1920s. Impacts to this structure would therefore be significant. Finding: To mitigate the potential historical resource impacts to below a level of significance, future development would be required to implement the following measures: · Prior to removal of the residence at 1657 Vulcan Avenue, Historic American Building Survey (HABS)-Ievel documentation shall occur in place, and investigation of the removal and preservation of the structure at another location combined with archaeological monitoring shall occur. HABS-Ievel documentation properly records historic structures. This mitigation measure consists of the following steps: a. Write a report providing a detailed historical analysis and architectural documentation of the house and garage. b. Document the buildings and setting with archival standard black and white photography. c. Offer the buildings to the Encinitas Historical Society for removal to another location for preservation. d. rf the buildings are removed or demolished, monitor for archaeology as described in CULT-i. e. For archival purposes, provide copies of all resulting reports and photography to be archived at the Encinitas Historical Society, the San Diego Historical Society, and the South Coastal Information Center at San Diego State University. 8 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS · Alternatively, should relocation not be feasible, HABS-Ievel documentation in place shall be conducted prior to demolition combined with archaeological monitoring. This mitigation measure consists of the following steps: a. Write a report providing a detailed historical analysis and architectural documentation of the house and garage. b. Document the buildings and setting with archival standard black and white photography. c. Monitor for archaeology as described in CULT-i. d. Provide copies of the report and photographs to be archived at the Encinitas Historical Society, the San Diego Historical Society, and the South Coastal rnformation Center at San Diego State University. Implementation of these mitigation measures will mitigate potential adverse impacts to the residence at 1657 Vulcan Avenue, a site potentially eligible for listing on the California Register of Historic Resources, to a level of less than significant. As a result of this mitigation measure, the historical and architectural value of the residence will be documented, and if feasible, preserved in an alternative location. Reports documenting the historical and architectural features of the residence and photographs of the residence will be archived with several local institutions, including historical societies and San Diego State University. Therefore, the project, as modified by the Ashbury Street Pedestrian Connections Alternative, will result in a less than significant impact in this regard. Impact: Quaternary-age Terrace Deposits and Eocene-age Santiago Formation have a high potential to contain fossiliferous rock. Grading at the site is not expected to impact these deposits given their depth and the scale of the proposed grading. However, during grading, monitoring for paleontological resources at the site is recommended to ensure that no significant impacts would occur to paleontological resources or geologic formations having high resource potential. With monitoring, impacts would be less than significant because any significant paleontological and/or geological resources disturbed during development would be identified and preserved. Finding: The following mitigation measures would reduce potential paleontological resources impacts to below a level of sigQificance: · The applicant shall provide a paleontological monitoring program during all soil excavation per the following requirements: a. Prior to issuance of a building and/or grading permit, the applicant shall provide a letter of verification to the Planning and Building Department stating that a 9 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS qualified paleontologist and/or paleontological monitor have been retained to implement the monitoring program. The requirement for paleontological monitoring shall be noted on the grading plan. All persons involved in the paleontological monitoring of the project shall be approved by the Planning and Building Department prior to the start of monitoring. The applicant shall notify the Planning and Building Department ofthe start and end of construction. b. The paleontologist or paleontological monitor shall be on-site full-time during the initial cutting of all previously undisturbed areas. Monitoring may be increased or decreased at the discretion of the qualified paleontologist, in consultation with the Planning and Building Department, and will depend on the rate of excavation, the materials excavated, and the abundance of fossils. c. When requested by the paleontologist, the city engineer shall divert, direct, or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains. The paleontologist shall immediately notify the Planning and Building Department of such finding at the time of discovery. The Planning and Building Department shall approve salvaging procedures to be performed before construction activities are allowed to resume. d. The paleontologist shall be responsible for preparation of fossils to a point of identification and submittal of a letter of acceptance from a local qualified curation facility. Any discovered fossil sites shall be recorded by the paleontologist at the San Diego Natural History Museum. e. Prior to the release of the grading bond, a monitoring results report, with appropriate graphics, summarizing the results, analysis and conclusions of the paleontological monitoring program shall be submitted to and approved by the Planning and Building Department. · The paleontological monitor shall be present during the applicable stages of grading and construction as determined at the pre-grading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which rnight warrant a long-term salvage operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City of Encinitas Engineering Division shall ensure the grading contractor is aware of this provision. 10 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS · A paleontological monitoring report shall be submitted to the City of Encinitas. The report shall describe the materials recovered by the monitoring program. Implementation of this mitigation measure will reduce potentially significant impacts to paleontological or geological resources (if any) to a level ofless than significant. This mitigation measure requires a monitoring program implemented by an approved qualified paleontologist and/or paleontological monitor, who will be present during preconstruction meetings, initial cutting of all previously undisturbed areas, and other grading and construction activities as determined during preconstruction meetings, with authority to halt construction activities if any fossil remains that are discovered. rf identified, the City and the paleontologist will coordinate a salvage program before construction activities may resume in the fossil area. The paleontologist and/or paleontological monitor will also prepare fossils for acceptance by a local qualified curation facility and document fossils sites with the San Diego Natural History Museum. These measures will ensure that paleontological and geological resources are properly identified, handled, preserved, protected and documented, thus reducing potentially significant impacts in this regard to a level of less than significant. E. Hydrology and Water Quality Impact: During construction of the project, greenhouse demolition would occur, bare soils would be exposed, soil and material stockpiles would be established, and fuels, lubricants and solid and liquid wastes would be stored within active construction areas. rf the construction areas are not properly managed to contain loose soils and liquid and solid contaminants, potentially significant short-term water quality impacts could occur due to runoff from the construction zone. Site preparation and grading would result in exposure of soils to erosion potential. Increased sediment-laden runoff from the site could potentially result in sedimentation impacts to the Batiquitos Lagoon. This sedimentation could adversely affect water quality and sensitive biological resources within the lagoon. Additional contamination hazards are related to the use of hazardous materials in the construction process, including fuel and motor vehicle fluids. Since the project would disturb more than one acre of soil, the applicant must file a Notice of Intent (NOl) with the RWQCB and obtain a General Construction Activity Storm Water Permit, pursuant to the NPDES regulations established under the Clean Water Act (CW A). This permit requires preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP), which will prevent degradation of surface and ground waters during the grading and construction process. Without such protections, impacts to water quality would be significant. After construction is completed, runoff flowing across the developed site would pick up a variety of water contaminants from landscape fertilizers, household products, driveways, streets, rooftops and vegetated slopes. Pollutants from such areas typically include oils, fuel and coolant 11 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS residue, brake lining residue, heavy metals (associated with gasoline and deposition of atmospheric particles), rubber particles, litter, fertilizers, and pesticides. Leaking oil, brake fluid, and tire residue from the automobiles accessing and parking in the project area and the off-site road are anticipated to contribute small amounts of water contaminants, along with small amounts of chemical residue from fertilizers and litter. Without proper management, long-term contribution of water contaminants due to urban runoff would substantially degrade water quality, and impacts would be significant. Finding: The following mitigation measures would reduce water quality impacts to a level below significance: · Prior to issuance of grading permits, the project applicant demonstrate compliance with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Encinitas pursuant to the NPDES regulations or requirements. Further, the applicant shall file a Notice of rntent (NOr) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identify funding mechanisms for post- construction control measures. · During and after construction, the applicant shall implement the Storm Water Management prepared pursuant to the RWQCB's Order No. 2001-01 and City of Encinitas Permanent Storm Water BMP criteria to the satisfaction of the Engineering Services Department. The SWMP specifies that storm water from the proposed project site be either filtered or detained through use of grassy swales. The SWMP also identifies post-construction BMPs to ensure that long-term water quality pollutants are adequately treated. Specifically, the SWMP identifies the following BMPs: - Landscaping: Manufactured slopes shall be landscaped with suitable ground cover or installed with an erosion control system. Homeowners shall be educated by the applicant as to the proper routine maintenance of landscaped areas including trimming, pruning, weeding, mowing, and replacement of ornamental vegetation. Per the RWQCB Order, discharges of sediment, pet waste, vegetative clippings, and other landscaping or construction-related waste are deemed unlawful and shall be communicated to the homeowners. 12 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS Urban Housekeeping: The applicant shall educate homeowners to the proper application of fertilizers and herbicides to lawns and gardens, as well as the proper use, storage, and disposal or toxins such as oil, grease, antifreeze, paint, and household cleaners and solvents. Per the RWQCB Order, the following housekeeping activities are prohibited and shall be specified as such in the project's CC&Rs: . Discharges of wash water from the cleaning or hosing of impervious surfaces including parking lots, streets, sidewalks, driveways, patios, plazas, and outdoor eating and drinking areas (landscape irrigation and lawn watering, as well as non-commercial washing of vehicles in residential zones, is exempt from this restriction) . Discharges of pool or fountain water containing chloride, biocides, or other chemicals. . Discharges or runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials. . Discharges of food-related wastes (grease, food processing, trash bin wash water, etc.). - Automobile Use: Urban pollutants resulting from automobile use include oil, grease, antifreeze, hydraulic fluids, copper from brakes, and various fuels. Homeowners shall be educated by the applicant as to the proper use, storage, and disposal of these potential storm water contaminants. Per the RWQCB Order, the following automobile use activities are prohibited and specified as such in the project's CC&Rs: . Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement-related equipment, port-a-potty servicing, etc. . Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning. - Maintenance of Grassy Swales: Grass cover shall be kept dense and vigorous, and a pest management plan shall be developed for vegetated areas specifying how problem insects and weeds will be controlled with minimal use of insecticides and pesticides. Lawn mowing at the swales shall be performed routinely throughout the growing season so that grass height is maintained at two inches above the design water depth. Swales shall be inspected at least twice annually by the HOA to check for debris, litter, and erosion and damage to vegetation. Excess sediment shall be removed periodically by the HOA as determined through inspection. 13 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS The applicant, working with the Homeowners Association, shall make all homeowners aware of the aforementioned RWQCB regulations through a homeowners' education program. · During construction, a monitoring program shall also be implemented by the developer to insure compliance. The monitoring program shall include the following measures that shall be provided on all construction plans: - Revegetation: Areas disturbed as a result of grading or construction shall be promptly revegetated and/or stabilized by the developer to reduce the potential for erosion. - BMPs during construction: The following BMPs shall be adhered to during construction: . Gravel bags, silt fences, etc. shall be placed along the edge of the project site in order to contain particulate. . All concrete washing and spoils dumping will occur in a designated location. . Construction stockpiles, uncovered material and dumpsters will be covered in order to prevent blow-off or runoff during.weather events. . A pollution control education plan shall be developed by the General Contractor and implemented throughout all phases of development and construction. . Severe weather event erosion control facilities shall be stored onsite for use as needed. rmplementation of these mitigation measures will mitigate potential adverse water quality impacts to a level of less than significant. The requirement to comply with NPDES permit requirements, City of Encinitas Municipal Code Section 23.24 and the City's Grading Ordinance (described at Pages 4.7-9 to 4.7-12 of the Final EIR), to prepare a SWPPP, SMWP and to specify BMPs to guide construction and post-construction activities has proven effective in avoiding water quality impacts associated with construction and post-construction activities. Among other these, these mitigation measures will control storm water pollution, reduce the potential for soil erosion and sedimentation, and reduce the amount of pollutants, loose soil, debris and waste entering the storm drain system. As described in Pages 4.7-5 to 4.7-6 of the Final ErR, the project site will also include an on-site grassy swale to treat storm water and a storm drain ditch reinforced with City-approved geogrid and hydro seeded with a native hydro seed mix to prevent erosion. Additionally, homeowner education programs and restrictions set forth in the CC&Rs will ensure that homeowners and the homeowners association which will ultimately govern the Coral Cove Residential Project maintain landscaping and handle household chemicals (e.g., oil, 14 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS gas, fertilizers, soaps and food-related wastes) in a manner that will avoid adverse water quality impacts. F. Transportation and Circulation Impact: Under near term cumulative without project traffic conditions, the Vulcan Avenue/La Costa Avenue intersection would operate at an unacceptable LOS E during the AM peak hour. The addition of project traffic increases the delay by 4.8 seconds, and therefore, since the significance criteria identifies a 2-second delay or greater as significant, cumulative impacts would be significant at this intersection. The project's cumulative impact at the intersection of Vulcan Avenue/La Costa Avenue would therefore be potentially significant. Finding: The following measure would mitigate the significant cumulative impact at the Vulcan A venue/La Costa Avenue intersection to below a level of significance: · Prior to issuance of the first building occupancy permit, off-site improvements are required for the intersection of Vulcan Avenue and La Costa Avenue (Figure 4.8-7 of the Final ErR). The applicant shall implement intersection improvements including adding dedicated left-turn and right-turn lanes from northbound Vulcan Avenue onto La Costa Avenue to mitigate the impact. The design shall be in conformance with the February 2006 Exhibit "A" plan prepared by Hunsaker AssociateslDamell and Associates to the satisfaction of the Engineering Services Department. rmplementation of this mitigation measure will reduce the project's cumulatively significant impacts at the Vulcan Avenue/La Costa Avenue rntersection to a less than significant level. As a result of the improvements required by this mitigation measure, operations at the Vulcan Avenue/La Costa Avenue intersection will improve from an unacceptable LOS E to an acceptable LOS D. Additionally, implementation of this mitigation measure will reduce intersection delays by 18.8 seconds, far more than the 4.8 seconds, the project, as modified by the Ashbury Street Pedestrian Connections Alternative, would contribute to the intersection. Impact: Traffic hazards could occur due to construction vehicle usage along Vulcan Avenue, and therefore traffic hazards during construction activity would be potentially significant. Finding: The following measure would mitigate the potentially significant construction traffic hazards impact to below a level of significance: · Prior to grading permit issuance, the applicant shall prepare a traffic control plan in accordance with the City of Encinitas traffic control guidelines that will specifically address construction traffic within the City's public rights-of-way. The traffic control plan will include signage and flagmen when necessary to allow the heavy equipment 15 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS to utilize residential streets. The traffic control plan shall stipulate that construction traffic will be limited to accessing the project via Vulcan Avenue, except during proposed street improvements on Ashbury Street and Hygeia Avenue. The traffic control plan will also include provisions for coordinating with local school hours and emergency service providers regarding construction times. Implementation of this mitigation measure will reduce traffic hazards during project construction to a less than significant level. The traffic control plan will ensure that construction traffic is handled in manner that creates as little disturbance to traffic and neighboring properties and users as is reasonably possible. Among other things, it will require construction traffic to remain on Vulcan Avenue to the extent possible, minimize the potential for dangerous conflicts with the driving public by providing signage and flagmen when heavy equipment is on the street, and coordinate construction traffic to minimize interference with local schools and emergency services. Therefore, the project impacts, as modified by the Ashbury Street Pedestrian Connections Alternative, will be less than significant in this regard. G. Noise Impact: Based on future traffic volumes and future train operations, the onsite noise level would exceed an Ldn of 65 dB along the western portion of the project site. The future noise level would range up to approximately 68 dB Ldn at the passive recreation area (Lot 70), which would include park benches and a picnic table adjacent to Vulcan Avenue. This noise level would exceed the City's exterior noise guideline by up to 8 dB, and is therefore considered to be a significant impact. Finding: The following measure would mitigate the significant noise impact to the passive recreation area at the northwestern corner of the site to below a level of significance: · Prior to certificate of occupancy, a permanent noise barrier shall be constructed on Lot 70 (the passive recreation area) located in the northwestern corner of the site as shown in Figure 4.9-2 of the Final ErR. The barrier shall be 7 feet high to mitigate the noise impact at the recreation area located at the northwestern corner of the site. The noise barrier should be constructed at the top of the slope as shown in Figure 4.9- 2 in the Pinal EIR. The noise barrier would attenuate the exterior Ldn to 60 dB or less at the recreation area. The noise barrier may be constructed as a berm or combination berm/wall. The materials used in the construction of the barrier would be required to have a minimum surface density of 3.5 pounds per square foot. They may consist of masonry material, plexiglass, tempered glass or a combination of these materials. The barrier must be designed so there are no openings or cracks. 16 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS rmplementation of this mitigation measure will reduce potentially significant noise impacts to the project's passive recreation area (Lot 70) to a less than significant level. Construction of a permanent noise barrier will implement a design and materials that have proven to be effective in reducing noise levels. The noise barrier will ensure that future users of the passive recreation area (Lot 70) will not experience exterior noise levels in excess of 60 dB as a result of future traffic on Vulcan Avenue, Highway 101 or increased train operations on the railway near the project site, thus reducing impacts in this regard to a less than significant level. Impact: The recreation areas would contain amenities for adults and children. Amenities for the children would include play equipment, and are typically more noise intensive. The children's facilities and other active recreation uses could result in noise levels that would exceed the City's allowable limits for residents adjacent to the southwestern recreation area (Lot 76). These potential noise impacts are therefore considered to be significant. Finding: The following measure would mitigate the significant noise impact to residences adjacent to the southwestern recreation area to below a level of significance: · Prior to certificate of occupancy, a permanent noise barrier shall be constructed on Lot 76 (the southwestern recreation area). The barrier shall be six-feet high to mitigate potential noise impacts associated with active recreational uses. The noise barrier should be constructed as shown in Figure 4.9-2 of the Final EIR. The noise barrier may be constructed as a wall, berm, or combination of both. The materials used in the construction of the barrier would be required to have a minimum surface density of 3.5 pounds per square foot. They may consist of masonry material, plexiglass, tempered glass or a combination of these materials. The barrier must be designed so there are no openings or cracks. Implementation of this mitigation measure will reduce potentially significant noise impacts to the residents adjacent to the southwestern recreation area (Lot 76) to a less than significant level. Construction of a permanent noise barrier will implement a design and materials that have proven to be effective il) reducing noise levels. The noise barrier will ensure that future residents adjacent to the southwestern recreation area (Lot 76) will not experience exterior noise levels in excess of 60 dB as a result of use of the active southwestern recreation area (Lot 76). As described on Page 4.9-6 of the Final EIR, the residential building shell will attenuate sound an additional 15 dB. As such, implementation of this noise barrier will also ensure that interior noise levels do not exceed 45 dB. Therefore, the project, as modified by the Ashbury Street Pedestrian Connections Alternative, will result in a less than significant impact in this regard. Impact: The City requires that interior noise levels not exceed an Ldn of 45 dB. Typically, with the windows open, and using standard California construction materials and methods, the building shells provide approximately 15 dB of noise reduction. Therefore, homes exposed to an 17 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS exterior Ldn greater than 60 dB could result in an interior Ldn greater than 45 dB. Based on the noise assessment prepared for the project, the noise level would exceed an exterior Ldn of 60 dB within the attached homes facing Vulcan Avenue. Interior noise levels would exceed the City's allowable limits, and impacts would be significant. Finding: The following mitigation measure would fully mitigate significant interior noise impacts on proposed residences along North Vulcan Avenue: . To comply with the City and state interior noise standard, an interior noise analysis shall be required compliant with the California Code of Regulations (CCR), Title 24, Noise Insulation Standards, for the attached single-family homes facing Vulcan Avenue (i.e., Units 43-57). The interior acoustical analysis will be required for these homes prior to issuance of building permits to ensure that the interior Ldn would not exceed 45 dB. Based on the results of the interior noise analysis, these homes may require air-conditioning, mechanical ventilation and/or sound-rated windows. rmplementation of this mitigation measure will reduce potentially significant interior noise impacts to the residents ofthe single-family attached houses along Vulcan Avenue (i.e., units 43- 57) to a less than significant level. Completion of the interior noise analysis before occupancy will ensure that interior noise levels in these residences are less than 45 dB. Depending on the results of the interior noise analysis, the installation of air-conditioning and/or mechanical ventilation and the installation of sound-rated windows, as necessary, will also be required to reduce interior noise to acceptable levels in accordance with the City standards. This interior noise mitigation measures will ensure that future homeowners will not experience interior noise levels in excess of 45 dB as a result of future traffic on Vulcan Avenue, Highway 101 or increased train operations on the railway near the project site, thus reducing impacts in this regard to a less than significant level. H. Hazards and Hazardous Materials Impact: Based on the findings of the Geocon Limited Pesticide Assessment prepared for the project, onsite s~ils within the vicinity of sample B-13-1 could pose a significant threat to human health. Based upon Geocon's laboratory analytical data, soil~ in the vicinity of sample B-13-1 may exhibit concentrations of DDT and/or toxaphene exceeding residential Preliminary Remediation Goals and/or Total Threshold Limit Concentrations. The overall site would not be classified as "California hazardous" based on concentrations of organochlorine pesticides and other potentially hazardous materials. Nonetheless, if mitigative precautions are not taken, potentially significant hazardous materials effects may result, especially in the vicinity of sample B-13-1. 18 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS Finding: Implementation of the following measures would ensure that significant impacts related to hazardous materials are avoided: . Prior to grading permit issuance, the following measures shall be included on the grading plan, subject to review and approval by the San Diego County Department of Environmental Health, Hazardous Materials Division: - Soils in the vicinity of sample B-B-I, as identified in Appendix H. shall be excavated and stockpiled separately for offsite evaluation. An area approximately 40 feet (north-south) by 20 feet (east-west) and 2 feet deep shall be excavated and placed in 20-cubic yard stockpiles. Four random samples should be collected from each stockpile and analyzed for organochlorine pesticides (OCPs). Soil stockpiles exhibiting 90% upper confidence level (UCL) mean concentrations of OCPs that exceed the residential preliminary remediation goal (PRG) should be disposed of off site or managed onsite in a manner that is protective potential groundwater resources and reduces human health risk. Onsite management shall include the following: - Soil containing concentrations of OCPs above the residential PRGs shall only be used in fills where encapsulation by a minimum of 10 feet of soil that does not exhibit concentrations of OCPs above the residential (PRGs is available or under pavement structures; and Soil containing concentrations of OCPs at or above the residential PRGs shall not be placed within 5 feet of an engineered drainage structure or the groundwater table. - A permit for temporary stockpiling of soils exhibiting non-hazardous concentrations ofOCPs shall be obtained from the RWQCB no less than 30 days prior to potential stockpiling activities. BMPs shall be implemented to abate dispersion by both wind and rain. Also, prior to onsite reuse of soils containing residual pesticides, a Report of Waste Discharge (ROWD) shall be filed with the RWQCB. - The use, storage, transportation, and disposal of chemicals and use of petroleum fuel during construction and operation of the project will be regulated by the County Department of Environmental Health, and will be conducted according to all applicable state, federal and local regulations. . Prior to grading permit issuance, the project applicant shall ensure regulatory oversight of the soil removal and sampling activities described above by filing an 19 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS application to participate in the San Diego County Department of Environmental Health (DEH) Voluntary Assistance Program. . Prior to release of bond for the grading permit, the Voluntary Assistance Program closure letter to be issued by DEH shall be submitted to the Planning and Building Department. Implementation of this mltJgation measure will reduce the impact of hazardous materials, including organochlorine pesticides, DDT and/or toxaphene, located on the project site as a result of prior greenhouse operations to a level of less than significant. Soils in the vicinity of sample B-13-1 will be stockpiled separately, pursuant to a permit obtained from RWQCB which will require implementation ofBMPs to abate dispersion by wind and rain. Soils in the vicinity of sample B-13-1 will also be separately sampled and handled pursuant regulatory oversight of the San Diego County Department of Environemntal Health (DEH) Voluntary Assistance Program. rf soils are found to contain certain levels of organochlorine pesticides, such soils would be disposed of offsite or managed onsite in a manner that is protective of groundwater resources and reduces human health risks. Such onsite management would restrict where such soils could be used as fill and ensure such soils are not placed within 5 feet of an engineered drainage structure or groundwater table. Additionally, chemicals and the use of petroleum fuel during construction and operation of the project will be regulated by the County Department of Environmental Health and handled in accordance with all applicable state, federal and local regulations. Implementation of these measures will ensure that all hazardous materials discovered onsite and used onsite are handled in a safe manner, thus resulting in a less than significant impact in this regard. Impact: Due to the proposed demolition of onsite structures, which may contain asbestos- containing material and/or lead-based paint, significant impacts could occur to construction workers. Finding: Implementation of the following measure would ensure that signifioant impacts related to hazardous materials are avoided: . Prior to demolition permit issuance, demolition plans and contract specifications shall incorporate any necessary abatement measures in compliance with Title 8, California Code of Regulations Sections 1532.1 and 1529 for the removal of materials containing lead-based paint and asbestos to the satisfaction of the Planning and Building Department Director. rmplementation of this mitigation measure will reduce the impact of asbestos-containing material and/or lead-based paint to a less than significant level. This mitigation measure will require that any such materials be handled and abated pursuant to applicable state regulations and the 20 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS satisfaction of the Planning and Building Department Director, thus reducing any potentially significant impacts to a less than significant level. II. Public Resources Code Section 21081 (a)(2) The Planning Commission, having reviewed and considered the information contained in the Final ErR for the project and the public record, finds there are no changes or alterations to the project which avoid or substantially lessen the significant environmental impacts that are within the responsibility and jurisdiction of another public agency. 21 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS III. Public Resources Code Section 21081 (a)(3) The Planning Commission, having reviewed and considered the information contained in the Final EIR for the project and public record, finds that there are no significant impacts that cannot be mitigated to below a level of significance. Therefore, preparation of a Statement of Overriding Considerations is unnecessary. The following issues were analyzed in the Final EIR and were found to not entail significant environmental effects. Accordingly, no mitigation is necessary for these issues: Geology: As described on Pages 4.5-1 to 4.5-4 of the Final EIR, geology impacts resulting from the proposed project, as modified by the Ashbury Pedestrian Connections Alternative, will be less than significant. No known active faults exist on the site, the risk of seismically induced liquifaction is very low, and the risk of landslides are also very low. The project site does contain some expansive soils, which could create risks to life or property. It also contains sandy soils which have the potential for erosion. However, the project design will implement Uniform Building Code and California Building Code requirements relating to geological hazards, as well as recommendations set forth in the site specific geotechnical report (Geocon 2004a) to ensure that impacts from the expansive and sandy soils will be less than significant. As such, even without mitigation, geology impacts would be less than significant. Agricultural Resources: As described on Pages 4.6-1 to 4.6-4 of the Final EIR, the proposed project, as modified by the Ashbury Pedestrian Connections Alternative, will not result in significant impacts to agricultural resources. The proposed residential use is consistent with the property's general plan designation. The greenhouses on the property produce flowers, an increasingly difficult market to participate in as a result of the globalization of this market. Additionally, the LESA Model site assessment score for the property is sufficiently low that conversion of the property from greenhouse to residential purposes is not considered a significant impact under CEQA. As such, even without mitigation, impacts to agricultural resources would be less than significant. Air Quality: As described on Pages 4.10-1 to 4.10-3 of the Final EIR, the proposed project, as modified by the Ashbury Pedestrian Connections Alternative, will not result in significant air quality impacts. Short-term emissions of dust during construction will be not create significant impacts as the project is required to comply with the City's grading ordinance and recommendations of the ARB and SDAPCD relating to dust emissions. The proposed project, as modified by the Ashbury Pedestrian Connections Alternative, is consistent with the City of Encinitas General Plan. Therefore, its air quality impacts considered to be consistent with projected emissions for the site assumed in the RAQS. As such, even without mitigation, impacts to air quality would be less than significant. 22 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS IV. Findings Regarding Growth Inducement The Planning Commission hereby makes the following findings regarding potential growth- inducing impacts: A. Potential Significant Impact CEQA Guidelines Section 15126.2 (d) requires that an EIR evaluate the growth-inducing impacts of a proposed project, and this evaluation should address the ways in which the proposed project could encourage economic and population growth, or the construction of additional housing, either directly or indirectly. B. Findings The Planning Commission hereby finds that adoption of the proposed project will not cause significant growth-inducing impacts. C. Supporting Explanation The proposed project would involve the construction of a mix of attached and detached residential units. The increase in population and housing onsite would encourage growth through development of the site. As discussed in Sections 2.2 and 7.2 ofthe Final EIR, the site is designated in the North 101 Corridor Specific Plan and City General Plan for Residential uses (NR-8) and the project's resultant population has therefore been considered in the local planning documents. The project would include affordable housing units as part of a density bonus, 120 percent of the site's maximum density, but the increased population would be relatively minor when compared to the City's current population of approximately 62,586. The growth is not expected to be substantially above the population that is planned for the area. This project promotes infill development rather than encouraging new development within a. currently undeveloped area. As this is an infill project, all major public services and utilities currently service the area; therefore, growth inducement as a result of the extension of these facilities into a new area would not occur. In conclusion, approval of the proposed project would not result in significant growth-inducing impacts. V. Findings Regarding Project Alternatives The Planning Commission hereby makes the following findings regarding project alternatives. 23 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS A. Alternatives Found to be Infeasible I. A Reduced Density alternative was initially considered in the City's alternatives analysis, but as regulated by State law, overall site density carmot be reduced. Hence, this alternative was found to be infeasible. 2. rn accordance with CEQA Guidelines Section 15126.6(f)(2), the applicant and City attempted to identify feasible alternative offsite locations within the community of Leucadia that could be available for a single-family home development such as the proposed project. Per CEQA Guidelines Section 15126.6(f)(2)(A), the key question and first step in analysis of the offsite location is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. However, the applicant does not have immediate ownership of any similarly-sized land in the Leucadia community and cannot reasonably acquire, control, or otherwise have access to an offsite alternative location that would meet the project objectives. Therefore, offsite locations are considered infeasible and no offsite location alternatives were carried forward in this analysis. Regardless, the availability of an alternate site does not in and of itself reduce impact potential. It is expected that developing a similar project would result in a similar array of project impacts and would simply transfer this impact potential to areas surrounding the alternate site location. For these reasons, an alternate site location would not necessarily be preferred over the proposed project site. 3. As a result of comments received on the Draft ErR, two additional alternatives were considered but rejected as infeasible. The first alternative involved having homes fronting Ashbury Street and Hygeia Avenue, in order to reduce the identified significant land use and community character impacts of the project. This alternative however would not meet project objective no. I, since 8 fewer detached units would be able to be constructed due to space limitations. Also, the units facing Ashbury Street and Hygeia Avenue would be disconnected from the balance of the homes in the project. rn addition, potential surface drainage problems to the Hygeia Avenue units are likely, since those driveways would be planned at a maximum of 12 percent grade, resulting in potential runoff issues to those residences. Accordingly, this alternative was determined to be infeasible. 4. The second alternative was raised by City Planning Commissioner Tom McCabe at the December 5, 2005 Planning Commission hearing on the Draft EIR. Similar to the first alternative, homes would face Hygeia Avenue. In addition, the entrance would be reoriented so that the entrance becomes part of the attached motor court units system. The alternative would have pedestrian-only (non-vehicular) access to Ashbury Street in two main locations, near the Eucalyptus and Wilstone Avenue 24 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS intersections, and would incorporate one cohesive recreational green space that does not require pedestrians to cross internal streets. However, similar to the first alternative described above, the project site plan would result in the loss of 8 detached units along Hygeia Avenue, and therefore would not meet project objective no. I. Also, this alternative would result in the loss of the detention basin required to treat runoff, and also would not include a required emergency access due to space limitations_ Ten or more parking spaces would be lost internally as well. It was therefore determined to be infeasible. B. Alternatives Considered in Detail in the Final EIR The Alternatives discussion in the Final EIR focuses on eight alternatives, including the No Project alternative. Each ofthe alternatives is described below. 1. No Project Alternative Description: Under the No Project alternative, the applicant would not construct the proposed residential development project. In the short-term, the existing greenhouse operations would remain and continue operation; therefore, none of the environmental impacts associated with the construction and operation of the proposed project would occur, including impacts to cultural resources, water quality, traffic, and hazards and hazardous materials. Implementation of this alternative would not preclude future development of the proposed project site. As the property is zoned NR-8 and has a land use designation of Residential 5.01 _ 8.00 under the General Plan, there is the possibility that another residential project could be developed at a similar density as proposed under the current project. Findings: The Planning Commission hereby finds that the No Project alternative would be environmentally superior to the proposed project, as none of the environmental impacts associated with future development or impacts identified in this EIR would occur. However, the No Project alternative is infeasible because it does not meet any of the project objectives, which include, among other objectives, I. Providing a 69-unit residential neighborhood with "for sale" housing; 2. rmplementing the inclusionary housing elements of the City's Housing Program to provide approximately 10% ofthe project's proposed housing for low-income families; 3. Preserving community character by constructing residential compatible architecture, amenities, and landscaping; and housing units with 25 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS 4. Constructing offsite improvements connecting North Vulcan Avenue to improve existing drainage at Ashbury Street. CEQA requires that an EIR analyze a No Project Alternative. This alternative fails to address the most basic goal of the project to develop a residential neighborhood or any of the other goals of the proposed project. Under these circumstances, this is not a preferred alternative and is therefore rejected. 2. Homes Facinl! Ashburv Street Alternative Description: An alternative site plan was prepared to investigate the use of Ashbury Street as a front yard for the eight homes located along that street. The rear yards of the homes along Ashbury Street would be fenced on the private internal street. Similar to the proposed project, this alternative would include 39 detached units and 30 attached units for a total of 69 units. This alternative would also include a sidewalk on the south side of Ashbury Street. Findings: The Homes Facing Ashbury alternative fulfills all of the project objectives. This alternative would include a sidewalk along Ashbury Street, thus avoiding conflicts with the Ashbury Street standards identified in the North 101 Corridor Specific Plan and PDO ordinance of the Municipal Code. In addition, this alternative would reduce land use policy conflicts with Goal 6 of the Land Use Element as homes would face Ashbury Street. However, implementation of this alternative would result in significant impacts with regard to land use and aesthetics because the community would be physically closed off to the surrounding community and rear elevation views would be visible within the project from Street "B". Additionally, this alternative would result in similar significant land use (loss of 3 eucalyptus trees), aesthetic (loss of 3 eucalyptus trees), biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the proposed project. This alternative is not capable of providing superior impact reduction or mitigation for the significant impacts when compared with the proposed project, as modified by the Ashbury Pedestrian Connections Alternative. As such, the Homes Facing Ashbury alternative is not a preferred alternative. 3. Duplex Alternative Description: This alternative would combine pairs of homes on lots 8 through 15 along Ashbury Street to create 100-foot wide buildings with an average of 22 feet of separation. The average separation in the project site plan between the houses on Ashbury Street is 16 feet. Under the Duplex alternative, the Ashbury Street homes would have zero lot lines to provide more separation between the houses along Ashbury Street. This alternative would have the same total number of units, 69, although there would be fewer detached (31) and more attached units (38) when compared to the proposed project. 26 4086-01 Coral Cove Residential Project May 2006 .CEQA FINDINGS Findings: The Duplex Alternative fulfills all of the project objectives. This alternative would afford greater separation between buildings thereby providing on the average, approximately 6 feet wider building separations to the north, and a greater variety of buildings for homes along Ashbury Street. However, the duplex structures with rear yards facing Ashbury Street would be 100 feet wide, thereby increasing the building massing for each structure. Adequate landscaping screening would be difficult to provide and buildings of this size would be more prominent when compared to the proposed project. Additionally, this alternative would result in similar significant land use, aesthetic, biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the project. This alternative is not capable of providing superior impact reduction or mitigation for the significant impacts when compared with the proposed project, as modified by the Ashbury Pedestrian Connections Alternative. As such, the Duplex alternative is not a preferred alternative. 4. Ashburv Street Connections Alternative Description: This alternative would connect the project subdivision to the existing community to the north by continuing Eucalyptus Avenue and Wilstone Avenue into the Coral Cove project. This alternative extends Eucalyptus Avenue into the project site in the location of the emergency access. This alternative also creates a connection with Ashbury Street farther east near Hygeia Avenue. A total of 69 units are proposed under this alternative. Findings: The Ashbury Street Connections Alternative fulfills all of the project alternatives. This alternative would include a sidewalk along Ashbury Street, thus avoiding conflicts with the Ashbury Street standards identified in the North 101 Corridor Specific Plan and PDO ordinance of the Municipal Code. Land use policy conflicts with Goal 6 of the Land Use Element would also be avoided as interior project streets would connect to the surrounding community under this alternative. However, the surrounding neighbors strongly opposed the inclusion of project- related traffic along Ashbury Street and preferred emergency access/pedestrian access only. rn all other respects, this alternative would result in similar significant land use (loss of eucalyptus trees and rear orientation of houses on Ashbury Street), aesthetic (loss of eucalyptus trees and rear orientation of houses on Ashbury Street), biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the proposed project. Although the Ashbury Street Connections Alternative is a feasible alternative, the Ashbury Street Combination Alternative and Ashbury Street Pedestrian Connections Alternative (described below) are environmentally superior alternatives because they would provide an open interface with the surrounding neighborhood. 5. Hil!her Density Alternative Description: This alternative proposes to provide a greater variety of lot sizes by increasing lot sizes along the southern and northern boundaries and replacing some of the proposed project's 27 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS detached housing with attached housing (Figure 8-4). As a result, the overall project density would increase. One lot would be eliminated along Ashbury Street and another lot would be eliminated along the southern boundary in order to proportionately increase the remaining seven lots by 60 feet from the eliminated lots. This elimination would increase the average building separation by approximately eight feet. A total of 72 units would be proposed under this alternative, with 30 detached and 42 attached units. Findings: The Higher Density Alternative fulfills all of the project objectives. It would provide greater separation between buildings thereby providing somewhat lesser visual impacts for viewers to the north, but this reduction in impact is not substantial. Additionally, this alternative would be dominated by attached housing, which would conflict with the existing community character easterly of the higher density development along Vulcan Avenue. In all other respects, this alternative would result in similar significant land use, aesthetic, biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the proposed project. This alternative is not capable of providing superior impact reduction or mitigation for the significant impacts when compared with the proposed project, as modified by the Ashbury Pedestrian Connections Alternative. As such, the Higher Density Alternative is not a preferred alternative. 6. Ashburv Street Enhanced Buffer Alternative Description: This alternative would be similar to the proposed project, except that it would add a standard five-foot sidewalk and 2 additional feet of landscaping along Ashbury Street (for a total of 8 feet of landscaping as shown in Figure 8-5). This increased buffer requires 6 feet of additional street frontage. To obtain this additional six feet, shorter lots would be proposed in the interior sixteen lots (Lots 16 through 31). This alternative would increase the depth of lots adjacent to Ashbury Street from 90 feet to 96 feet with the rear 6 feet being an easement to the homeowners association for permanent landscaping maintenance. The sixteen interior lots would be shortened from 90 feet to 87 feet. As part of this alternative, the applicant would include a total of 16 trees along the rear yards of the eight lots abutting Ashbury Street. Each tree would be a minimum of 15 gallons. A minimum of one tree per lot would be planted. These 16 trees would contribute to the enhanced buffer for viewers to the north of the project site. Findings: The Ashbury Street Enhanced Buffer Alternative fulfills all of the project objectives. This alternative would include a 5 foot sidewalk along Ashbury Street, thus avoiding conflicts with the Ashbury Street standards identified in the North 101 Corridor Specific Plan and PDO ordinance of the Municipal Code. Conflicts with Goal 6 of the Land Use Element would also be partially avoided as enhanced landscaping would fully screen the rear orientation design along Ashbury Street. Consequently, this alternative would result in reduced impacts for land use and planning and aesthetics/community character when compared to the proposed project, although impacts would remain significant. This alternative would result in similar significant land use 28 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS (loss of eucalyptus trees, rear orientation of houses on Ashbury Street, and closed off to the surrounding neighborhood), aesthetic (loss of eucalyptus trees), biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the project. Although the Ashbury Street Enhanced Buffer Alternative is a feasible alternative, the Ashbury Street Pedestrian Connections Alternative and Ashbury Street Combination Alternative (described below) are better alternatives as they would provide superior impact reduction by providing open connections to the surrounding neighborhoods. 7. Ashburv Street Combination Alternative Description: This alternative would combine key elements of the Ashbury Street Connections alternative (Section 8.2.4) and Ashbury Street Enhanced Buffer alternative (Section 8.2.6). Similar to the Street Connections alternative, this alternative would connect the project subdivision to the existing community to the north by continuing Eucalyptus Avenue and Wilstone Avenue into the Coral Cove project (Figure 8-6). And as per the Enhanced Buffer alternative, this alternative would add a standard five-foot sidewalk and 2 additional feet of landscaping along Ashbury Street (for a total of 8 feet of landscaping). This alternative would also include a total of 16 trees along the rear yards of the eight lots abutting Ashbury Street. Each tree would be a minimum of 15 gallons. A minimum of one tree per lot would be planted. These 16 trees would contribute to the enhanced buffer for viewers to the north of the project site. This alternative would provide 69 units as under the proposed project. The full 69 units were achieved by reducing the extra width side yards for four plan 1 houses adjacent to Ashbury Street from 10 feet to 5 feet on both sides. Findings: The Ashbury Street Combination Alternative fulfills all of the project objectives. This alternative would include a 5 foot sidewalk along Ashbury Street, thus avoiding conflicts with the Ashbury Street standards identified in the North 101 Corridor Specific Plan and PDO ordinance of the Municipal Code. Conflicts with Goal 6 of the Land Use Element would also be avoided as (i) enhanced landscaping would fully screen the rear orientation design along Ashbury Street and (ii) interior streets would connect to the surrounding community. However, the surrounding neighbors strongly opposed the inclusion of project-related traffic along Ashbury Street and preferred emergency access/pedestrian access only. Consequently, this alternative would result in reduced impacts for land use and planning and aesthetics/community character when compared to the proposed project, although impacts would remain significant. This alternative would result in similar significant land use (loss of eucalyptus trees and rear orientation of houses on Ashbury Street), aesthetic (loss of eucalyptus trees), biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the project. 29 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS The Ashbury Street Combination Alternative is a feasible alternative and, along with the Ashbury Street Pedestrian Connections Alternative (described below), provides environmentally superior impact reduction when compared to all other project alternatives. 8. Ashburv Street Pedestrian Connections Alternative Description: This alternative was raised from members of the surrounding community during the Draft EIR public review period. This alternative would be similar to the Ashbury Street Connections alternative presented in Section 8.2.4, except that instead of providing vehicular access from the Coral Cove project to Ashbury Street, only pedestrian access would be provided (Figure 8-7). This alternative would connect the project subdivision to the existing community to the north by providing pedestrian-only accessways near the existing dead ends of Eucalyptus and Wilstone Avenues. This alternative extends Eucalyptus Avenue into the project site for pedestrian access only, in the location of the emergency access. This alternative also creates a connection with Ashbury Street farther east near Hygeia Avenue. A total of 69 units are proposed under this alternative. In addition, this alternative would incorporate the 8-foot-wide landscape buffer along Ashbury Street as proposed under the Ashbury Street Enhanced Buffer alternative in Section 8.2.6. Specifically, it would add a standard five-foot sidewalk and 2 additional feet of landscaping along Ashbury Street (for a total of 8 feet of landscaping as shown in Figure 8-7). The other landscaping details provided for the Ashbury Street Enhanced Buffer alternative would be incorporated into this alternative as well. Findings: The Ashbury Street Pedestrian Connections Alternative fulfills all of the project objectives. This alternative would include a 5 foot sidewalk along Ashbury Street, thus avoiding conflicts with the Ashbury Street standards identified in the North 101 Corridor Specific Plan and PDO ordinance of the Municipal Code. Conflicts with Goal 6 of the Land Use Element would also be avoided as (i) enhanced landscaping would fully screen the rear orientation design along Ashbury Street and (ii) pedestrian accessways would connect to project to the surrounding community. Consequently, this alternative would result in reduced impacts for land use and planning and aesthetics/community character when compared to the proposed project, although impacts would remain significant. This alternative would result in similar significant land use (loss of eucalyptus trees), aesthetic (loss of eucalyptus trees), biological, cultural, hydrology and water quality, transportation and circulation, noise and hazard and hazardous materials as the project. This alternative is feasible. Further, based on public comments received in response to the draft ErR, this alternative appears to be favored by the public. The Ashbury Street Pedestrian Connections Alternative is a feasible alternative and, along with the Ashbury Street Combination Alternative (described above), provides environmentally superior impact reduction when compared to all other project alternatives. 30 4086-01 Coral Cove Residential Project May 2006 CEQA FINDINGS C. Environmentally Superior Alternative CEQA requires that an environmentally superior alternative be identified (other than the No Project alternative). CEQA also requires that the environmentally superior alternative be selected from a range of reasonable alternatives that could feasibly attain the basic objectives of the project. As presented in the Final EIR, the Homes Facing Ashbury Street alternative, Ashbury Street Connections alternative, Ashbury Street Enhanced Buffer alternative, Ashbury Street Combination alternative and Ashbury Street Pedestrian Connections alternative would result in reduced aesthetics/community character impacts when compared to the proposed project. Among these alternatives, the Ashbury Street Combination and Ashbury Street Pedestrian Connections alternatives would both provide the greatest reduction in land use/planning impacts and aesthetics/community character impacts. Therefore, the Ashbury Street Combination alternative and Ashbury Street Pedestrian Connections alternative are both environmentally superior to the proposed project. VI. Findings Regarding the Mitigation Monitoring and Reporting Program The Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit "C". In the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. 31 4086-01 Coral Cove Residential Project May 2006 EXHIBIT "B" Resolution No. PC-2006-25 Case No. 03-090 TM/MUP/DRlCDP FINAL MITIGATION MONITORING AND REPORTING PROGRAM for the CORAL COVE RESIDENTIAL PROJECT SCH No. 2004111010 City Case No. 03-090 May 2006 FINAL MITIGATION MONITORING AND REPORTING PROGRAM for the Coral Cove Residential Project SCH No. 2004111010 City Case No. 03-090 May 18, 2006 The California Environmental Quality Act (CEQA) Section 21081.6 requires that a mitigation monitoring and reporting program (MMRP) be established upon certification of an Environmental rmpact Report (ErR). It stipulates that "the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval 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 MMRP has been developed in compliance with Section 21081.6 ofCEQA and identifies (1) mitigation measures to be implemented prior to, during, and after construction of the Coral Cove Residential Project, (2) the individuaVagency responsible for that implementation, and (3) criteria for completion or monitoring of the specific measures. It incorporates revisions to mitigation measures resulting from public review of the Draft EIR. This MMRP reflects the adopted alternative, the Ashbury Street Pedestrian Connections Alternative, which was analyzed in Section 8.2.8 of the Final EIR and is one of the two environmentally superior alternatives. A. Aesthetics/Communitv Character Project construction shall incorporate or comply with the measure provided below to the satisfaction of the Encinitas Planning and Building Department prior to building permit issuance. The Encinitas Planning and Building Department shall verify that future project plans have incorporated or complied with the following measure: CC-1: Prior to building and/or grading permit issuance, the project applicant shall submit a landscape plan that substantially conforms with the project's conceptual landscape plan proposed along North Vulcan Avenue and compensates for the loss of three eucalyptus trees along North Vulcan Avenue, to the satisfaction of the Planning and Building Department Director. At a minimum, the landscape plan shall provide four 72-inch box specimen trees along the North Vulcan Avenue frontage. All remaining trees within this area shall have a minimum box size of 36 inches. 4086-01 Coral Cove Residential Project May 2006 MIT/GA TION, MONITORING, AND REPORTING PROGRAM B. Bioloaical Resources Project construction shall incorporate or comply with the measure provided below prior to issuance of the public improvement permit for the La Costa AvenuelNorth Vulcan Avenue intersection. The Encinitas Planning and Building Department shall verify that future project plans have incorporated or complied with the following measure: BIO-1: C. Prior to issuance of the public improvement permit for the La Costa AvenueNulcan Avenue intersection, the following measure shall be included on improvement plans, to the satisfaction of the Planning and Building Department: rn order to avoid conflicts with the Migratory Bird Treaty Act, a nesting bird survey shall be completed by a qualified biologist no more than 72 hours prior to any vegetation clearing activities if development occurs during the general breeding season (i.e., February 15 through September 15). Large raptors typically begin breeding activities earlier than songbird species (i.e., late December/early January), thus the survey should be conducted if the trees will be removed after January 1. rf any active nests are detected, the area will be flagged and mapped on the construction plans along with a minimum of a 25-foot radius buffer for passerine species and up to a maximum of a 300-foot radius buffer for raptors based upon input from the project biologist. The nests will be protected until the nesting cycle is complete. Cultural Resources Project construction shall incorporate or comply with the measures provided below to the satisfaction of the Encinitas Planning and Building Department prior to grading permit issuance. The Encinitas Planning and Building Department shall verify that future project plans have incorporated or complied with the following measures: CULT-1 Prior to grading permit issuance, the following measures shall be included on project grading plans: The applicant shall provide a full-time archaeological monitoring program during any grading activity within 100 feet of the on-site historic location of the 1898 structure and residence at 1657 Vulcan Avenue per the following requirements: a. Prior to the issuance of a building and/or grading permit, the applicant shall provide a letter of verification to the Planning and Building Department stating that a qualified archaeologist and/or archaeological monitor, as defined in the City's guidelines, have been retained to implement the monitoring program. The 2 4086-01 Coral Cove Residential Project May 2006 MIT/GA nON, MONITORING, AND REPORTING PROGRAM requirement for archaeological monitoring shall be noted on the grading plans under the heading "Environmental Requirements". All persons involved in the archaeological monitoring of this project shall be approved by the Planning and Building Department prior to the first preconstruction meeting. The applicant shall notify the Planning and Building Department of the start and end of construction. b. The qualified archaeologist shall attend any pre-construction meetings to make comments and/or suggestions concerning the archaeological monitoring program with the construction manager. c. The qualified archaeologist or archaeological monitor shall be present on-site full-time during grading of soils within 100 feet of the on-site structures. d. The topsoil within 100 feet of the on-site residence at 1657 Vulcan Avenue shall be removed in shallow increments of approximately 12 inches. rf archaeological features are encountered, the archaeologist shall request the project contractor to divert, direct or temporarily halt ground disturbing activities in the area of discovery to allow evaluation of potentially significant historical resources. The archaeologist shall immediately notify Planning and Building Department staff of such finding at the time of discovery. The significance of the discovered resource( s) shall be determined by the archaeologist in consultation with the Planning and Building Department. The Planning and Building Department Director must concur with the evaluation procedures before grading activities are allowed to resume. For significant historical resources, a Research Design and Data Recovery Program shall be prepared and carried out to mitigate impacts before grading activities in the area of discovery is allowed to resume. e. All historical materials collected shall be cleaned, cataloged and permanently curated with an appropriate institution (i.e., Encinitas Historical Society or the San Diego Archaeological Society). All artifacts shall be analyzed to identify function and chronology as they relate to the history of the area. Additionally, any sites and/or features encountered during the monitoring program shall be recorded on the applicable Department of Parks and Recreation forms (DPR 523A1B, et al.) and submitted to the South Coastal Information Center at San Diego State University and the San Diego Museum of Man with the final monitoring results report. f. Prior to the release of the grading bond, a monitoring results report and/or evaluation report, if appropriate, which describes the results, analysis, and conclusions of the entire historical monitoring program (with appropriate graphics and photo documentation) shall be submitted to and approved by the Planning and Building Department Director. For significant historical resources, a Research, Design and Data Recovery Program shall be included as 3 4086-01 Coral Cove Residential Project May 2006 MITIGATION, MONITORING, AND REPORTING PROGRAM part of the evaluation report. A mitigation report for significant historical resources, if required, shall be submitted to and approved by the Planning and Building Department Director prior to the release of the grading bond. g. Copies of the approved monitoring report shall be provided to the Encinitas Historical Society, San Diego Historical Society, and the South Coastal rnformation Center at San Diego State University. CULT-2A Prior to removal of the residence at 1657 Vulcan Avenue, Historic American Building Survey (HABS)-Ievel documentation shall occur in place, and investigation of the removal and preservation of the structure at another location combined with archaeological monitoring shall occur. HABS-Ievel documentation properly records historic structures. This mitigation measure consists of the following steps: a. Write a report providing a detailed historical analysis and architectural documentation of the house and garage. b. Document the buildings and setting with archival standard black and white photography. c. Offer the buildings to the Encinitas Historical Society for removal to another location for preservation. d. rf the buildings are removed or demolished, monitor for archaeology as described in CULT-I. e. For archival purposes, provide copies of all resulting reports and photography to be archived at the Encinitas Historical Society, the San Diego Historical Society, and the South Coastal rnformation Center at San Diego State University. CULT-2B Alternatively, should relocation not be feasible, HABS-Ievel documentation in place shall be conducted prior to demolition combined with archaeological monitoring. This mitigation measure consists of the following steps: a. Write a report providing a detailed historical analysis and architectural documentation of the house and garage. b. Document the buildings and setting with archival standard black and white photography. c. Monitor for archaeology as described in CULT -I. d. Provide copies of the report and photographs to be archived at the Encinitas Historical Society, the San Diego Historical Society, and the South Coastal rnformation Center at San Diego State University 4 4086-01 Coral Cove Residential Project May 2006 MITIGA TION, MONITORING, AND REPORTING PROGRAM PALEO-I: The applicant shall provide a paleontological monitoring program during all soil excavation per the following requirements: a. Prior to issuance of a building and/or grading permit, the applicant shall provide a letter of verification to the Planning and Building Department stating that a qualified paleontologist and/or paleontological monitor have been retained to implement the monitoring program. The requirement for paleontological monitoring shall be noted on the grading plan. All persons involved in the paleontological monitoring of the project shall be approved by the Planning and Building Department prior to the start of monitoring. The applicant shall notify the Planning and Building Department of the start and end of construction. b. The paleontologist or paleontological monitor shall be on-site full-time during the initial cutting of all previously undisturbed areas. Monitoring may be increased or decreased at the discretion of the qualified paleontologist, in consultation with the Planning and Building Department, and will depend on the rate of excavation, the materials excavated, and the abundance of fossils. c. When requested by the paleontologist, the city engineer shall divert, direct, or temporarily halt construction activities in the area of discovery to allow recovery of fossil remains. The paleontologist shall immediately notify the Planning and Building Department of such finding at the time of discovery. The Planning and Building Department shall approve salvaging procedures to be performed before construction activities are allowed to resume. d. The paleontologist shall be responsible for preparation of fossils to a point of identification and submittal of a letter of acceptance from a local qualified curation facility. Any discovered fossil sites shall be recorded by the paleontologist at the San Diego Natural History Museum. e. Prior to the release of the grading bond, a monitoring results report, with appropriate graphics, summarizing the results, analysis and conclusions of the paleontological monitoring program shall be submitted to and approved by the Planning and Building Department. P ALEO-2: The paleontological monitor shall be present during the applicable stages of grading and construction as determined at the pre-grading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as 5 4086-01 Coral Cove Residential Project May 2006 MITIGATION, MONITORING, AND REPORTING PROGRAM the San Diego Natural History Museum. The City of Encinitas Engineering Division shall ensure the grading contractor is aware of this provision. PALEO-3: A paleontological monitoring report shall be submitted to the City of Encinitas. The report shall describe the materials recovered by the monitoring program. D. HvdroloQV and Water Qualitv Future development shall incorporate or comply with the measures provided below to the satisfaction of the Encinitas Planning and Building Department prior to issuance of grading permits. The Encinitas Planning and Building Department shall verify that future project plans have incorporated or complied with the measures listed below. HYDRO-I: Prior to issuance of grading permits, the project applicant demonstrate compliance with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Encinitas pursuant to the NPDES regulations or requirements. Further, the applicant shall file a Notice ofIntent (NOr) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identify funding mechanisms for post- construction control measures. HYDRO-2: During and after construction, the applicant shall implement the Storm Water Management Plan (SWMP; Appendix I to the EIR) prepared pursuant to the RWQCB's Order No. 2001-01 and City of Encinitas Permanent Storm Water BMP criteria to the satisfaction of the Engineering Services Department. The SWMP specifies. that storm water from the proposed project site be either filtered or detained through use of grassy swales. The SWMP also identifies post- construction BMPs to ensure that long-term water quality pollutants are adequately treated. Specifically, the SWMP identifies the following BMPs: . Landscaping: Manufactured slopes shall be landscaped with suitable ground cover or installed with an erosion control system. Homeowners shall be educated by the applicant as to the proper routine maintenance of landscaped areas including trimming, pruning, weeding, mowing, and replacement of 6 4086-01 Coral Cove Residential Project May 2006 MITIGA TION, MONITORING, AND REPORTING PROGRAM ornamental vegetation. Per the RWQCB Order, discharges of sediment, pet waste, vegetative clippings, and other landscaping or construction-related waste are deemed unlawful and shall be communicated to the homeowners. . Urban Housekeeping: The applicant shall educate homeowners to the proper application of fertilizers and herbicides to lawns and gardens, as well as the proper use, storage, and disposal or toxins such as oil, grease, antifreeze, paint, and household cleaners and solvents. Per the RWQCB Order, the following housekeeping activities are prohibited and shall be specified as such in the project's CC&Rs: Discharges of wash water from the cleaning or hosing of impervious surfaces including parking lots, streets, sidewalks, driveways, patios, plazas, and outdoor eating and drinking areas (landscape irrigation and lawn watering, as well as non-commercial washing of vehicles in residential zones, is exempt from this restriction) Discharges of pool or fountain water containing chloride, biocides, or other chemicals. Discharges or runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials. Discharges of food-related wastes (grease, food processing, trash bin wash water, etc.). . Automobile Use: Urban pollutants resulting from automobile use include oil, grease, antifreeze, hydraulic fluids, copper from brakes, and various fuels. Homeowners shall be educated by the applicant as to the proper use, storage, and disposal of these potential storm water contaminants. Per the RWQCB Order, the following automobile use activities are prohibited and specified as such in the project's CC&Rs: Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility including motor vehicles, cement- related equipment, port -a-potty servicing, etc. Discharges of wash water from mobile operations such as mobile automobile washing, steam cleaning, power washing, and carpet cleaning_ . Maintenance of Grassy Swales: Grass cover shall be kept dense and vigorous, and a pest management plan shall be developed for vegetated areas specifying how problem insects and weeds will be controlled with minimal use of insecticides and pesticides. Lawn mowing at the swales shall be performed routinely throughout the growing season so that grass height is maintained at two inches above the design water depth. Swales shall be inspected at least 7 4086-01 Coral Cove Residential Project May 2006 MITIGA TION, MONITORING, AND REPORTING PROGRAM twice annually by the HOA to check for debris, litter, and erosion and damage to vegetation. Excess sediment shall be removed periodically by the HOA as determined through inspection. The applicant, working with the Homeowners Association, shall make all homeowners aware of the aforementioned RWQCB regulations through a homeowners' education program. During construction, a monitoring program shall also be implemented by the developer to insure compliance. The monitoring program shall include the following measures that shall be provided on all construction plans: . Revegetation: Areas disturbed as a result of grading or construction shall be promptly revegetated and/or stabilized by the developer to reduce the potential for erosion. . BMPs during construction: The following BMPs shall be adhered to during construction: - Gravel bags, silt fences, etc. shall be placed along the edge of the project site in order to contain particulate. All concrete washing and spoils dumping will occur in a designated location. Construction stockpiles, uncovered material and dumpsters will be covered in order to prevent blow-off or runoff during weather events. A pollution control education plan shall be developed by the General Contractor and implemented throughout all phases of development and construction. Severe weather event erosion control facilities shall be stored onsite for use as needed. E. Transportation and Circulation Future development shall incorporate or comply with the measures provided below to the satisfaction of the Encinitas Planning and Building Department prior to issuance of the first building occupancy permit. The Encinitas Planning and Building Department shall verify that future development plans have incorporated or complied with the following measures: TRAF-1: Prior to issuance of the first building occupancy permit, off-site improvements are required for the intersection of Vulcan Avenue and La Costa Avenue (Figure 4.8-7 of the Final ErR). The applicant shall implement intersection improvements 8 4086-01 Corat Cove Residential Project May 2006 MITIGA TION, MONITORING, AND REPORTING PROGRAM including adding dedicated left-turn and right-turn lanes from northbound Vulcan Avenue onto La Costa Avenue to mitigate the impact. The design shall be in conformance with the February 2006 Exhibit "An plan prepared by Hunsaker AssociateslDamell and Associates to the satisfaction of the Engineering Services Department. TRAF-2: Prior to grading permit issuance, the applicant shall prepare a traffic control plan in accordance with the City of Encinitas traffic control guidelines that will specifically address construction traffic within the City's public rights-of-way. The traffic control plan will include signage and flagmen when necessary to allow the heavy equipment to utilize residential streets. The traffic control plan shall stipulate that construction traffic will be limited to accessing the project via Vulcan Avenue, except during proposed street improvements on Ashbury Street and Hygeia Avenue. The traffic control plan will also include provisions for coordinating with local school hours and emergency service providers regarding construction times. F. Noise Future development shall incorporate or comply with the measures provided below to. the satisfaction of the Encinitas Planning and Building Department prior to certificate of occupancy (NOISE-I and NOISE-2) and prior to issuance of building permits (NOISE-3). The Encinitas Planning and Building Department shall verify that future development plans have incorporated or complied with the following measures: NOISE-I: Prior to certificate of occupancy, a permanent noise barrier shall be constructed on Lot 70 (the passive recreation area) located in the northwestern corner of the site as shown in Figure 4.9-2 of the ErR. The barrier shall be 7 feet high to mitigate the noise impact at the recreation area located at the northwestern corner of the site. The noise barrier should be constructed at the top of the slope as shown in Figure 4.9-2 of the EIR. The noise barrier would attenuate the exterior Ldn to 60 dB or less at the recreation area. The noise barrier may be constructed as a berm or combination berm/wall. The materials used in the construction of the barrier would be required to have a minimum surface density of 3.5 pounds per square foot. They may consist of masonry material, plexiglass, tempered glass or a combination of these materials. The barrier must be designed so there are no openings or cracks. NOISE-2: Prior to certificate of occupancy, a permanent noise barrier shall be constructed on Lot 76 (the southwestern recreation area). The barrier shall be six-feet high to mitigate potential noise impacts associated with active recreational uses. The noise 9 4086-01 Coral Cove Residential Project May 2006 MITIGA TION, MONITORING, AND REPORTING PROGRAM barrier should be constructed as shown in Figure 4.9-2 of the EIR. The noise barrier may be constructed as a wall, berm, or combination of both. The materials used in the construction of the barrier would be required to have a minimum surface density of 3.5 pounds per square foot. They may consist of masonry material, plexiglass, tempered glass or a combination of these materials. The barrier must be designed so there are no openings or cracks. NOISE-3: To comply with the City and state interior noise standard, an interior noise analysis shall be required compliant with the California Code of Regulations (CCR), Title 24, Noise rnsulation Standards, for the attached single-family homes facing Vulcan Avenue (i.e., Units 43-57). The interior acoustical analysis will be required fOT these homes prior to issuance of building permits to ensure that the interior Ldn would not exceed 45 dB. Based on the results of the interior noise analysis, these homes may require air-conditioning, mechanical ventilation and/or sound-rated windows. G. Hazards and Hazardous Materials Future development shall incorporate or comply with the measures provided below to the satisfaction of the Encinitas Planning and Building Department prior to demolition permit issuance (HAZ-I) and prior to grading permit issuance (HAZ-2). The Encinitas Planning and Building Department shall verify that future project plans have incorporated or complied with the following measures: HAZ-1 : Prior to demolition permit issuance, demolition plans and contract specifications shall incorporate any necessary abatement measures in compliance with Title 8, California Code of Regulations Sections 1532.1 and 1529 for the removal of materials containing lead-based paint and asbestos to the satisfaction of the Planning and Building Department Director. HAZ-2: Prior to grading permit issuance, the following measures shall be included on the grading plan, subject to review and approval by the San Diego County Department of Environmental Health, Hazardous Materials Division: . Soils in the vicinity of sample B-13-1, as identified in Appendix H of the ErR, shall be excavated and stockpiled separately for offsite evaluation. An area approximately 40 feet (north-south) by 20 feet (east-west) and 2 feet deep shall be excavated and placed in 20-cubic yard stockpiles. Four random samples should be collected from each stockpile and analyzed for organochlorine pesticides (OCPs). Soil stockpiles exhibiting 90% upper confidence level 10 4086-01 Coral Cove Residential Project May 2006 M/TIGA TION, MONITORING, AND REPORTING PROGRAM HAz..3: HAz..4: (UCL) mean concentrations of OCPs that exceed the residential preliminary remediation goal (PRG) should be disposed of off site or managed onsite in a manner that is protective potential groundwater resources and reduces human health risk. Onsite management shall include the following: . Soil containing concentrations of OCPs above the residential PRGs shall only be used in fills where encapsulation by a minimum of 10 feet of soil that does not exhibit concentrations of OCPs above the residential (PRGs is available or under pavement structures; and . Soil containing concentrations of OCPs at or above the residential PRGs shall not be placed within 5 feet of an engineered drainage structure or the groundwater table. . A permit for temporary stockpiling of soils exhibiting non-hazardous concentrations of OCPs shall be obtained from the RWQCB no less than 30 days prior to potential stockpiling activities. BMPs shall be implemented to abate dispersion by both wind and rain. Also, prior to onsite reuse of soils containing residual pesticides, a Report of Waste Discharge (ROWD) shall be filed with the RWQCB. . The use, storage, transportation, and disposal of chemicals and use of petroleum fuel during construction and operation of the project will be regulated by the County Department of Environmental Health, and will be conducted according to all applicable state, federal and local regulations. San Diego County Department of Environmental Health, Hazardous Materials Division, Prior to grading permit Issuance, the project applicant shall ensure regulatory oversight of the soil removal and sampling activities described above by filing an application to participate in the San Diego County Department of Environmental Health (DEH) Voluntary Assistance Program. San Diego County Department of Environmental Health, Hazardous Materials Division, Prior to release of bond for the grading permit, the Voluntary Assistance Program closure letter to be issued by DEH shall be submitted to the Planning and Building Department. 11 4086-01 Coral Cove Residential Project May 2006