HomeMy WebLinkAboutHMP 09-05; LAKE CALAVERA TRAILS MASTER PLAN; Admin Decision LetterJanuary 25, 2010
Liz Ketabian
Park Planner
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
0 City of
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Carlsba(]
SUBJECT: HMP 09-05 -LAKE CALAVERA TRAILS MASTER PLAN
The City has completed a review of the application for a Habitat Management Permit to allow
the clearing of native habitat on property generally located on an undeveloped, approximately
262-acre site in the northeastern corner of the City of Carlsbad (APNs: 168-040-0200, 168-020-
1200, 1300, 1700, 1800, and 1900), south of Lake Boulevard and east of College Boulevard.
The project area surrounds Lake Calavera and is bordered on the north and east by the City of
Oceanside.
The project proposes to establish a formal network of signed, public multi-recreational trails and
viewpoints by improving approximately 5 miles of existing trails around Lake Calavera. No new
trails would be created by the project and trails would be designated for bicyclists and hikers.
The trails criss-cross an undeveloped area of approximately 262 acres with a variety of native
vegetation. Along with trail improvements, the project proposes information kiosks, viewpoints
with interpretive signage, litter receptacles, dog waste stations, picnic tables, and a portable
restroom. The project also proposes to establish parameters for trail maintenance. The trail
system is and would be accessed at multiple publicly-accessible locations, including from
surrounding streets, si9ewalks, and other trails.
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been
prepared for the project and circulated for public review. and comment. A Notice of
Determination will be filed will the County and State pursuant to the provisions of CEQA.
It is the Planning Director's determination that:
a. the project is consistent with the City's Habitat Management Plan for Natural
Communities in the City of Carlsbad (HMP) and Chapter 21.210 of the Carlsbad
Municipal Code; and
b. there is no substantial evidence the project, as conditioned herein, will· have a
significant effect on the environment.
Therefore, the Planning Director APPROVES this request and adopts a Mitigated Negative
Declaration based on the following:
1635 Faraday Avenue• Carlsbad, CA 92008-7314" (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
HMP 09-05-LAKE CALAOA TRAILS MASTER PLAN
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Findings:
1. That the Lake Calavera Trails Master Plan (LCTMP) project is shown in Figure 28 of
the approved HMP as Proposed Hardline Conservation Area. However, the HMP
allows recreation and public access within HMP preserve system areas. The HMP
(page F-11) states, "Passive recreational activities (e.g., hiking, bird watching) are
anticipated within the preserve and are generally compatible with HMP
conservation goals. In general, passive activities pose a signifi~ant threat to
biological resources only when the level of recr~~tional use becomes too
intense." In addition, the HMP states, "Active recreational activities such as
picnicking, and mountain biking may also occur in or adjacent to the preserve, if
restricted to selected areas1 as determined by the Management Plan in
consultation with the .Wildlife Agencies. These activities are conditionally
compatible with biological objectives."
The Project does not include any new trails, but instead proposes to manage
current recreational use that has been ongoing since long before Lake Calavera
became a HMP preserve. The project will (1) curtail uncontrolled hiker and
bicyclist access in sens,itive areas; (2) improve several existing trails and
viewpoints through the • installation of a boardwalk, signs, benches, litter
receptacles, and picnic tables around and east of Lake Calavera; (3) close .or
restrict access to some existing trails and viewpoints because of environmental
and safety reasons, such as severe erosion and sensitive habitat; (4) establish the
parameters for trail construction, use, and maintenance, and (5) coordinate with
the HMP program to provide public outreach and education about sensitive
biological resources and conservation.
In addition, the HMP includes a set of guidelines, found on pages F-11 through F-
14, for the consideration of new recreational facilities and uses in the preserve.
The LCTMP project can be determined to be an appropriate use in the preserve as
well as consistent with the HMP, as its proposea construction, use, and
maintenance, comply with these guidelines as demonstrated by the MHCP
consistency analysis provided in the Lake Calavera Trails Biological Resources
report (Merkel & Associates, Revised 1/28/09, pp. 69-80) and' incorporated by
reference herein. Compliance with the· guidelines, which is required by mitigation
measures, would ensure consistency with the MHCP and the long-term viability of
wildlife and sensitive habitats in conservation areas.
Finally, the LCTMP is listed as a covered City project in the HMP (Appendix B),
and is eligible to use mitigation credits for certain impacts to habitat.
2. That authorization to impact sensitive habitats necessary to complete trail
·enhancements and install the boardwalks will require the removal of 5.38 acres of
upland vegetatio'1 communities and 0.23 acre of Wetland communities, as
depicted in the table below. The project is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities ip the City of
. Carlsbad (HMP), the Citywide Incidental Take Permit issued for tile HMP, the
Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and
the Biological Opinion.
HMP 09-05-LAKE CALA0.A TRAILS MASTER PLAN
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Mitigation Ratios for Impacted Vegetation Communities
Vegetation HMP Mitigation Total Impacts
Community Habitat Ratio1 (Acreage) 1
Group2 p T Pl Tl Total p
Disturbed Valley
Needlegrass Group B 3:1 ---0.02 ---0.02 0.06
Grassland
Diegan Coastal Group C 2:1 1:1 0.11 0.02 0.13 0.22 Sage Scrub
Southern Mixed Group D 1:1 0.05 0.05 0.05 Chaparral ------
Chamise Group D 1:1 0.02 0.02 0.02 Chaparral ------
Non-native Group E 0.5:1 0.22 0.22 0.11 Grassland ------
Disturbed Habitat Group F 0.1:1 ---4.93 0.01 4.94 0.49
Total Upland: ~ 5.35 0.03 5.38 0.95
Disturbed Wetland Group A 2:1 1:1 0.002 ---0.002 0.004
Coastal and Valley Group A 2:1 1:1 0.05 0.05 0.10 0.10 Freshwater Marsh
Southern Coast
Live Oak Riparian Group A 3:1 1:1 0.05 0.04 0.09 0.15
Forest
Mule Fat Scrub Group A 2:1 ---0.001 ---0.001 0.002
Southern Willow Group A 3:1 1:1 0.02 0.02 0.04 0.06 Scrub
Non-Wetland
Waters of the Group A 1.5:1 0.001 0.001 0.002 U.S./Streambed ------
(Drainaoes)
Total Wetland": 0.12 0.11 0.23 0.32
GRAND TOTAL: 5.47 0.14 5.61 1.27
1 P=Permanent, T=Temporary; Pl= Permanent Impact, Tl=Temporary Impact.
Mitigation
(Acreage)
T Total
---0.06
0.04 0.26
---0.05
---0.02
---0.11
---0.49
0.04 0.99
---0.004
0.05 0.15
0.04 0.19
---0.002
0.02 0.08
---0.002
0.11 0.43
0.15 1.42
2 Group A habitats are associated with wetlands. Group C habitats are occupied by coastal California gnatcatcher.
3 Impacts to wetland habitats are subject to review under Section 404 of the federal Clean Water Act or under Section
1602 ·of the California Fish and Game Code. Mitigation ratio varies by type of habitat and subject to change. Mitigation
for permanent impacts to wetland communities would require a minimum of 1 :1 creation; the remaining mitigation could
occur in the form of enhancement. It is recommend that mitigation for temporary impacts occur in the form
enhancement and occur in place of the temporary impact.
3 That authorization to impact sensitive habitats is subject to continuous compliance with
all mitigation measures as stated in the Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program (MMRP) and is subject to all conditions
contained herein, including but not limited to recordation of conservation easements over
all conserved areas and management and monitoring in perpetuity by a qualified
conservation entity. The wildlife agencies are currently reviewing the City's
Restrictive Covenant template to secure the Lake Calavera Mitigation Parcel. In
addition, the parcel has been under active preserve management and monitoring
by the City and by the Center f9r Natural Lands Management (CNLM) for the past
year. Ongoing management and monitoring of the Lake Calavera preserve is
funded through the annual City budget appropriations.
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4 That authorization to impact sensitive habitats is subject to continuous compliance with
the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and
the Final Environmental Impact Statement/Environmental Impact Report for Threatened
and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area (SCH No. 93121073).
5 That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the LCTMP project. In addition, the
Lake Calavera Trails project is an allowed use within the preserve as long as the
guidelines on page F-7 through F-24 of the City's HMP are followed. This would
ensure consistency with the MHCP and the long-term viability of wildlife and
sensitive habitats in the Focus Planning Areas (FPA) (see condition # 7). Per
Section F2, page F-11, B-Recreation and Public Access, of the City's HMP,
"Recreational uses of the preserve, where allowed, must be consistent with the
protection and enhancement of biological resources."
Many of the existing non-official trails occur within wetland and sensitive upland
communities. The City has designed the proposed trail system to avoid wetland
and sensitive communities to the greatest extent feasible via:
1) Elimination/closure of many existing trails,
2) Closure of trails that currently extend into wetland and upland communities
using wood pole barrier fencing at trail junctions identified with "Trail Closed"
signage,
3) Elimination of wetland crossings where possible,
4) Installation of boardwalks through wetland habitats to contain trail users and
eliminate trail expansion/impacts during the winter season,
5) Installation of directional fencing along designated trails, and
6) Regular and/or as needed trail maintenance per the Citywide Trail Maintenance
Plan (City 2062).
6 That the project design as approved by the Parks and Recreation Director has avoided
and minimized impacts to wildlife habitat and species of concern to the maximum extent
practicable. Specifically, only 0.13 acre (0.18%) out of a total 71.75 acres of Group
C .habitat onsite is being impacted by the project. The majority of authorized trails
are placed in disturbed or non-native habitat. The closure of other trails will allow
for the recovery of vegetation in unauthorized areas. In addition, only 0.23 acre
(0.4%) out of a total 57.33 acres of Group A Habitat will b'e impacted by this project
(see Table 12 in the Biological Resources Report). The proposed boardwalk will
greatly protect the riparian habitat by restricting where trail users can walk.
Currently, when the trail becomes wet, trail users go around the muddy portions,
creating new trails and damaging the habitat. Preservation of select wetland
crossings is critical to minimize • uncontrolled access, further damage, and to
recognize that wetland crossings must be provided to maintain very popular
access points across a creek. •
7 That adequate funding has been provided to address changed circumstances and
adaptive management needs that may be reasonably anticipated in the future,
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consistent with the HMP Implementing Agreement. Management and monitoring of.
City-owned preserves, including Lake Calavera are funded through annual City
budget appropriations. Current funding is adequate to address current
management needs. The City will respond to changed circumstances in
accordance with the provisions of Section G of the Habitat Management Plan
(HMP) and Exhibit 8 of the Implementing Agreement.
8 That the authorization to impact sensitive habitats as a result of the project will not
appreciably reduce the likelihood of survival and recovery of the species in the wild due
to:
a. compliance with all of the above stated requirements and project design, as
demonstrated by these findings;
b. ongoing monitoring and reporting to the wildlife agencies .and the public as
required by the project MMRP and City of Carlsbad Preserve Management
Plan;
c. all trails are existing and no new trails are proposed; and
d. trails have been purposely chosen in non-native habitats, or routed such
that impacts to sensitive habitat are minimized to the greatest extend
practical.
9 Mitigation of habitat impacts will occur on site at Lake Calavera as stated in the
project's -MMRP and is consistent with the HMP in that mitigation for permanent
and temporary impacts to upland vegetation communities (HMP Habitat Groups D,
E, & F) will be mitigated by debiting the appropriate acreage from the Lake
Calavera Mitigation Parcel at the _ratios indicated in the HMP. The Lake Calavera
property was identified in the City's Habitat Management Plan as a public project
mitigation parcel for municipal projects, including the LCTMP. In addition, the City
plans to mitigate for impacts to gnatcatcher occupied sage scrub (Group C) and
disturbed valley needlegrass grassland (Group 8) through on-site revegetation.
10 The LCTMP is consistent with the General Plan in that the project site has a
General. Plan. designation of Open Space. In addition,. the Parks and Recreation
Element identifies the project site as a "Special Resource Area" and a "Regional
Open Space Park." Table 5 of the Parks and Recreation Element notes that
existing uses of the project site are "open space/ecological preserve" and
"passive area" and proposed uses are "trails.". Further, Parks and Recreation
Element Objective 8.2, as listed under the category "Special Resource, Open
Space and Cultural Historical Areas," states, "To develop the Lake Calavera area
(252 acres) with interpretive nature trails and passive recreational use, if feasible."
The Conceptual Open Space and Conservation Map of the Open Space and
Conservation Element also identifies trails of the Carlsbad Trail System crossing
the project.
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11 The Planning Director of the City of Carlsbad does hereby find:
a. the Director has reviewed, analyzed, and considered the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for Lake
Calavera Trails Master Plan -HMP 09-05, the environmental-impacts therein
identified for this project and any comments th.ereon prior to APPROVING the
project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Director of the City of
Carlsbad;
d. minor changes to the project description and trail map occurred after the
30-day public review of the draft Mitigated Negative Declaration (MND}. The
minor changes do not require recirculation of the draft MNO since the
changes are consistent with the description of "new information" in CEQA
Section 15073.5(c}(4}, which states· recirculation is not required if "new
inform.ation is added to the negative declaration which merely clarifies, •
amplifies, or makes insignificant modifications to the negative declaration."
The Memorandum dated December 4, 2009, attached to the MND and
incorporated by reference herein, sets forth the reasoning why
recirculation of the MND is not necessary; and
e. Based on the EIA Part II, comments thereon, and the • associated
. Conditions:
• Memorandum dated December 4, 2009, there is no substantial evidence the
project as conditioned, will have a significant effect on the environment.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to clearing
of any habitat or trail work, whichever occurs first.
1. Approval is granted for HMP Permit 09-05, as shown on Exhibit "A" -Final Lake
Calavera Trails Plan,· dated November 2009, incorporated· by reference and on file in
the Planning Department. Development shall occur substantially as shown on the
approved exhibit(s). Any clearing of habitat and/or development substantially different
from this approval as determined by the Planning· Director, shall require an amendment
to this Habitat Management Plan Permit. •
2. If any of the follo~ing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
HMP 09-05 -LAKE CALAO TRAILS MASTER PLAN • 0
January 25, 2010
Page 7
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Habitat Management Plan
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Habitat Management Plan Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibit.
Any proposed development different from this approval, shall require an amendment to
this approval.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. • If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
5. This approval is granted subject to the requirements of the Mitigation Monitoring and
Reporting Program (MMRP) for the Lake Calavera Trails Master Plan --HMP 09-05,
and is subject to all conditions contained herein. The Developer shall implement, or
cause the implementation of, the MMRP.
6. As a condition of this approval, Developer must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140
Developer shall cooperate with .the City's efforts and the Regulatory Agencies to
establish a conservation easement over the 262-acre site for the conservation,
protection, and management of fish, wildlife, native plants and the habitat necessary for
biologically sustainable populations of certain species thereof, in accordance with the
City's adopted Habitat Management Plan.
7. • The project shall comply with all applicable provisions of the Habitat Management
Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide
lncide.ntal Take Permit issued for •the HMP, the Implementing Agreement, the
Terms and Conditions of the Incidental Take Permit, and the Biological Opinion.
8. Developer shall accommodate any future improvemen~s to the reservoir/facility
proposed by Carlsbad Municipal Water District (CMWD) that could warrant minor
changes to the trail plan. Future changes (if any) may require additional
environmental and/or administrative review and approval before they are
implemented.
This determination is subject to appeal as provided in Carlsbad Municipal Code (CMC) Section
21.54.140. Within ten calendar days of the date this determination becomes final, a written
appeal may be filed with the secretary of the Planning Commission by an interested person.
Filing of such an appeal within such time limits shall stay the effect of the decision or
determination of the Planning Director until such time as the Planning Commission has acted on
the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden
HMP 09-05 -LAKE CALACtA TRAILS MASTER PLAN
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of proof is on the appellant to establish by substantial evidence that the grounds for the
requested action exists. The written appeal and fee ($613 plus public noticing costs) are filed
and paid at the Planning Department located at 1635 Faraday Avenue.
CITY O!. CAR)rSBAD
~~J~-
DAVID de CORDOVA
Principal Planner
DdC:PD:lt
Attachments
c: Mark Steyeart, Parks Development Manager
Mark Stone, Deputy Public Works Director
Michele Masterson, Senior Management Analyst
File Copy
Data Entry
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