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HomeMy WebLinkAboutCT 00-20; Fox Miller Property Part II; Tentative Map (CT)DocuSign Envelope 10: 86941370-BE6B-4A3E-87BA-B252591A97AD r:-li-::-:H-::-:.G-111. 11111 F 11111 E 11111 NT 11111 0 11111 N 11111 C 11111 . 11111o11111 M 11111 PA-::-:N-::-:Y-:-:-j TRUST, SERVICE AND INNOVATION SINCE 1906 City of Carlsbad Community and Economic Development Planning Division Attn: Van Lynch, Principal Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: CT 00-20-Fox Miller Property Dear Mr. Lynch: November 16, 2015 This letter is in response to your October 13, 2015 letter to H.G. Fenton Property Company ("FPC") regarding the above-referenced property. We appreciate you reaching out regarding the current status of the Lot 5 and the mitigation requirements related to that site. I am the new General Counsel for H. G. Fenton Company and am responding to your letter on behalf of FPC. As you may know, over the past several years, the Salk Owners Association ("POA"), who is the owner of Lot 5, has been partnering with the City and the agencies regarding the 5% non-native grass criterion. The last correspondence related to this matter is attached. The POA and HELIX have been seeking signoff on the mitigation plan since the end of the 5-year period in May of2012. During this time, the POA has directed HELIX in monitoring and maintaining the site consistent with the long-term management plan for the property. I understand that Justin Fischbeck of HELIX is meeting next week at the site with the City and the Agencies to further discuss this issue. With respect to the "non-wasting endowment" mentioned in your letter, we have previously indicated and continue to take the positon that no endowment is required. We recently resolved the issue of an endowment with Celia Brewer for the Carlsbad Raceway site on the basis of the alternative funding mechanism that was included in Sections 12(b)(2) of the Conservation Easement Deeds for both projects. We believe the same result is warranted here. I have provided the POA with your October 13th letter and am copying the managing agent for the POA on this letter. We remain interested and committed to seeing this through with the other owners and through the POA. Very truly yours, r-Ai:DocuSigned by: L~F~ Martha K. Guy General Counsel Enclosure cc: Krista M. Vega, Managing Agent-Salk Owners Association Justin Fischbeck, President-HELIX 7577 Mission Valley Road, Suite 200 San Diegll, CA 92108 619.400.0120 619.400.0111 www.hgfenton.com August 27, 2014 Mr. Mike Grim City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Mr. David Mayer COVEVCOMMERCIAL Real Estate Services Senior Environmental Scientist NCCP Program, South Coast Region California Department ofFish and Game 3883 Ruffin Road San Diego, California 92123 Ms. Janet Stuckrath Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Subject: Fox Miller Project History and Status Dear Mr. Grim, Mr. Mayer and Ms. Stuckrath, We are following up with you after the May 6th meeting that was held with the owners and HELIX and various City and agency representatives to document om understanding of where we are regarding the Fox Miller Open Space area, and obtaining final sign off on the 5 year mitigation and monitoring program. The Salk Owners Association contracted with HELIX to work on the restoration site beginning in 2008 (mid~way through Year 1). Pursuant to the Habitat Restoration and Mitigation Plan1 · (HRMP), HELIX implemented numerous measures throughout the remaining four and a half years to help ensure success of the restoration areas. Specifically HELIX implemented increased weed maintenance with a specific focus on broadleaf and perennial invasives, additional seeding, focused native grass p Iantings, installation of an owl box, and removal of invasive plants in areas bordering the preserve. HELIX has also been removing perennial invasive species from the portion of the project open space that falls outside the active restoration areas. In the time since completion of the five~year maintenance and monitoring period concluded (May 2012 to present), HELIX has been monitoring and maintaining the site consistent with the requirements included in the long-term management plan2 for the project. 1 RECON. 2008. Final Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrub, Valley Needlegrass, with Thread-leaved Brodiaea, and Southern Willow Scrub Wetland for the Fox Property Carlsbad, California. May 6. 2 RECON. 2005. Final Long-term Management Plan for Fox-Miller Property Open Space Carlsbad, California. November 23. P 760.931.1134 F 760.931.7634 5800 Armada Drive, Suite 200 Carlsbad, CA 92008 www.coveycommercial.com The restoration goals for brodiaea, native grassland, coastal sage scrub, and southern willow scrub areas, have been achieved, with the exception of non-native species cover. Diligent weed maintenance efforts were implemented to keep weed cover low in the coastal sage scrub and southern willow scrub restoration areas and to keep perennial invasive weed cover low in the native grassland restoration area, which allowed the native cover to steadily increase since 2008. There is also a high degree of native species richness in the coastal sage scrub and southern willow scrub restoration areas and the coastal California gnatcatcher has been observed using the restored coastal sage scrub slopes. Existing and translocated brodiaea populations continue to show steady flowering year after year, and native grass cover is increasing. Only one success criterion related to non-native species cover has not been met --the widespread distribution of thread-leaved brodiaea in the grasslands on site has precluded the ability to control non-native grasses in the native grassland restoration area because the period when non- native grasses are actively growing, and most effectively controlled, coincides with the period when thread-leaved brodiaea is active. HELIX and the property owners have been discussing this 5 percent criterion for several years with U.S. Fish and Wildlife Service (USFWS) and California Department ofFish and Wildlife (CDFW), and have requested the agencies to reevaluate the need for this criterion given the restoration success obtained at this site. The thread-leaved brodiaea are persisting, notwithstanding the existence of the non-native grass that occurs throughout the grassland areas. Over the course of the project we have repeatedly worked with you and HELIX to try to resolve our inability to meet the 5% non-native grass criterion through on site walks, phone calls, email discussion, and annual reports. We have not been able to make significant progress -so with all of the other criteria met we have proceeded to manage the open space in accordance with the long term management plan. At the heart of this discussion is whether the 5% non~native grass criterion described in the HRMP is reasonable and still needed given what we know today and more importantly -given the restoration success at the site. Over the course of the 7 years that HELIX has been contracted to conduct monitoring and maintenance activities, the quantity of invasive forb species has decreased substantially, with the exception of two instances where non-native grasses were targeted for removaL The current site conditions reflect years of diligent control of invasive forbs and addition of native grasses. Brodiaea flowering counts between the various plots within the preserve have trended together consistently, reflecting similar variation year by year. As part of our conversations with HELIX, it is our understanding that these flowering count observations match those observed on other brodiaea preserves that HELIX monitors. This consistency speaks to some level of site stability despite the presence ofnon~native grasses. Given the stability of the population to date, we question whether the non-native grasses are a real threat to the persistence of the population. We are asking the agencies to consider reevaluating whether this criteria is still needed or appropriate. As indicated at the May 6th meeting, we have been working towards resolution of this question since 2009, with the hopes that maintenance efforts could have been adjusted during the 5-year restoration program to reflect some level of compromise. The restoration was implemented 7 years ago, and despite concerted efforts to reach consensus on the criteria, it has not been resolved. Over that time the site has maintained healthy population of thread-leaved brodiaea notwithstanding the non-native grasses. Trying to achieve the 5% criterion, although technically obtainable in the short term, requires a level of effort and cost that is unreasonable given the site's success and the lack of direct evidence that the presence of non-native grass is detrimental to the brodiaea population. We have also noted the fact that non-native grasses occur in areas directly adjacent to the preserve, which will continue to be a source of grass seed notwithstanding the level of effort given to try to prevent it. Manual control of non-native grasses will be costly and ineffective over the long-term given the proximity of the preserve to the non-native grass seed source described above. Additionally, any such manual control would require extensive manual maintenance over an extended period oftime and is cost prohibitive. At this time, without additional information relating to the adverse effects of non-native grass cover, it is difficult to map out a plan of action which is scientifically likely to achieve the goals discussed in the May 61h meeting. The Association will continue to maintain and monitor the remainder of the preserve in accordance with the long-term management plan, with the exception of maintaining non-native cover in the grassland areas at a level of 5 percent. We look forward to continued work on this project and working to achieve the long-term goals of the preserve and maintaining the integrity and well-being of the thread-leaved brodiaea population on site. Sincerely, BMNM Wtt!B-HT BRENDA WRIGHT (Aug 28, 2014) Brenda Wright, HG Fenton President Board Officer for the Salk Owners Association Managing Agel}\, 1,._ _ Krista M. Vega~ · Covey Commercial October 13, 2015 HG Fenton Property Company Suite 200 7577 Mission Valley Road San Diego, CA 92108 RE: CT 00-20-FOX MILLER PROPERTY < ~; \-ed \D !J::Sll'S"" FILE Ccity of Carlsbad The City of Carlsbad is in receipt of a joint letter prepared by the US Fish and Wildlife Service and the California Department of Fish and Wildlife dated August 18, 2015 (attached) regarding the mitigation requirements for property in Carlsbad identified as the Fox Miller Property (Carlsbad Tract Map 00-20). The Agencies and the City both have an ongoing concern over the lack of performance and success of the mitigation program and fulfillment of the developer's obligations as contained in the conditions of the project's approvals. Specifically the native grass restoration program and the funding ofthe non-wasting endowment for the long term management of the site. The project was originally approved with conditions and CEQA mitigation measures for the long term management and preservation of the large population of Thread-leaved Brodiaea (Brodiaea filifolia) and the restoration of the native grassland. As identified in the Agency's letter, the performance criteria of the restoration efforts has not been met to date and additional work is needed to meet the success criteria. The Agencies have also made recommendations on how to further manage the property to achieve success. The other major responsibility is the funding of the non-wasting endowment for the future man~gement of the property. Both of these mitigation measures are important for the long term viability of the site to maintain the biologically significant habitat on site and to ensure the city's coverage of Brodiaea by the city's Habitat Management Plan. The city has the responsibility to ensure the mitigation measures are carried out by the project proponents. Development was permitted to occur with the understanding that the fulfillment of the mitigation measures and performance criteria would be met as identified in the conditions of approval and as contained within the approved long term management plan that was also approved for the project. Ttie original project still has vacant developable property and the mitigation measures shall be fulfilled prior to any future development so that the project can be found to be consistent with the project approvals. The city looks forward to working with the property owner in efforts to achieve fulfillment of the mitigation measures as well as performance success in the establishment of the desired habitat. Please advise the city on the future intent of the fulfillment of the endowment and ongoing plans for the restoration of the habitats per the restoration plan. If you have any questions regarding the above, please feel free to contact myself at (760} 602-4613 or van .lynch @ca rlsbadca .gov. tr· VAN L Principal Planner Enclosure c: Salk Owners Association c/o Covey Commercial, Suite 200, 5800 Armada Drive, Carlsbad, CA 92008 Carlsbad Preserve Manager via Mike Grim Project file (OMS) Community & Economic Development 'Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov ----------------------------------------------------------------------------------------------------- Mr. Van Lynch (FWS-SDG-04B0033-15CPA0157) Earlier in 2012, we informed the City and HELIX about a publication (CNLM 2013) that discusses a cost effective and successful approach to managing (i.e., limiting cover of) exotic grasses in habitat occupied by thread-leaved brodiaea (Enclosure 2). The Wildlife Agencies are unaware of any attempts by H. G. Fenton to follow recommendations made by either the restoration experts or the publication. To help achieve the non-native grass and herb cover success criterion, we offer the following recommendations: 2 • In late winter and/or early spring, before the non-native grasses start flowering, apply the herbicide Fusilade II. Fusilade II is known to effectively control non-native grasses, but will not kill brodiaea or mature native grasses, such as purple needlegrass (Stipa pulchra). Fusilade II should be applied two to four times a year as needed. When using Fusilade II, it is important to use the recommended label rate. • Once the non-native grasses have been controlled, non-native forbs/herbs will likely occupy the treated area. Apply a broad-spectrum herbicide (e.g., glyphosate-based herbicide) at least two times a year to control non-native forbs/herbs. • When applying both the Fusilade II and the broad-spectrum herbicide, a botanist familiar with vegetative thread-leaved brodiaea should be on site to guide the contractor applying the herbicides. This is especially important when the broad-spectrum herbicide is being applied as any overspray that touches vegetative brodiaea will cause take. The broad- spectrum herbicide should not be used for broadcast spraying or in areas which contain vegetative brodiaea. • Aggressive use of herbicide as described above will likely be necessary until native grasses/forbs attain sufficient cover to allow for spot herbicide treatments. • In addition to herbicide application, the restoration area should be dethatched to allow for native species germination. • Treated and dethatched areas should be monitored for native species germination and additional seed/container plants should be installed if germination is not detected. Planting and/or seeding treated areas with native forbs, such as fascicled tarplant, may help control non-native grasses. • All non-native plant species germination should be closely monitored and spot treatments of herbicide and/or hand-pulling should be applied as needed prior to non-native seed production. The brodiaea mitigation will be considered successful when the receptor site supports more individuals than originally impacted by the Fox-Miller project (RECON 2005a). The number of brodiaea individuals in the receptor site was provided up through 2012; however, the 2013 monitoring report (Helix 2014) did not include an estimate ofbrodiaea consistent with the estimates provided in previous monitoring reports and an evaluation of whether this criterion had been met. A 2014 report has not been submitted and it is our understanding that although the mitigation site has not received Wildlife Agency sign-off on attaining success criteria, the native grassland portion has received minimal active management since 2012. Therefore, the current Mr. Van Lynch (FWS-SDG-04B0033-15CPA0157) Literature Cited: [CNLM] Center for Natural Lands Management. 2013. Application ofFusilade II to thread-leaved brodiaea (Brodiaeafilifolia). Final report prepared for the U. S. Fish and Wildlife Service, Carlsbad, CA and the California Department ofFish and Wildlife, Sacramento, CA. February 2013. [HELIX] HELIX Environmental Planning. 2014. 2013 annual report for the lot 5 Fox-Miller Preserve. Prepared for H.G. Fenton, San Diego, California. February 7, 2014. RECON. 2005a. Final habitat restoration and mitigation plan for Diegan coastal sage scrub, valley needlegrass, with thread-leaved brodiaea, and Southern willow scrub wetland for the Fox Property, Carlsbad, California. November 23, 2005. RECON. 2005b. Final long-term management plan for Fox-Miller Property Open Space, Carlsbad, California. November 23, 2005. 4 Enclosure 1 U.S. Fish and Wildlife Service California Department of Fish & Game Carlsbad Fish and Wildlife Office South Coast Region 6010 Hidden Valley Road 4949 Viewridge Avenue Carlsbad, California 92011 San Diego, California 92123 (760) 431-9440 (858) 467-4201 FAX (760) 431-5902 + 9618 FAX (858) 467-4299 In Reply Refer To: FWS/CDFG-SDG-4597.1 Dec 2 2005 Mr. Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: City of Carlsbad Habitat Management Plan Coverage for Thread-leaved Brodiaea (Brodiaea filifolia) Dear Mr. Lynch: The California Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service) (collectively, AWildlife Agencies@) have reviewed the City of Carlsbad’s (City’s) November 23, 2005, request for coverage of thread-leaved brodiaea (Brodiaea filifolia) under the City’s Habitat Management Plan (HMP). In order for the City to obtain coverage for thread- leaved brodiaea through the HMP, the Natural Community Conservation Planning Program (NCCP) permit and Biological Opinion for the HMP stated that certain standards must be met. Specifically, the City must demonstrate, to the satisfaction of the Wildlife Agencies, that this project meets the narrow endemic standards for this critical location and major population of this species. If the Wildlife Agencies concur with a project proposal, and the preserve area is managed and monitored to MHCP standards in perpetuity, the Permittee would receive coverage for thread-leaved brodiaea and the Fox-Miller project could be permitted under the HMP, through the amendment process described in section 20 of the IA. According to your request for coverage, the conditions mentioned above have been met for the following reasons:  The project has been designed to impact 4.9% of the known population, which is within the 5.0% limit allowed by the narrow endemic standard.  The Wildlife Agencies have worked closely with the City and project applicant to achieve a project design that has met our approval.  The Fox-Miller Preserve will be managed and monitored to MHCP standards in perpetuity, as ensured by an endowment provided by the applicant, and a long-term management plan that was reviewed and approved by the Wildlife Agencies. Mr. Van Lynch (FWS/CDFG-SDG-4597.1) 2 As a result, we concur with the City’s letter requesting coverage for thread-leaved brodiaea. We appreciate the cooperative efforts by the City and project applicant to achieve these conditions. If you have any questions concerning the contents of this letter, please contact Ben Frater (Service) at 760-431-9440 or Nancy Frost (Department) at (858) 637-5511. Sincerely, //s//David Zoutendyk, for //s//David A. Mayer, for Therese O=Rourke Michael J. Mulligan Assistant Field Supervisor Deputy Regional Manager U.S. Fish and Wildlife Service California Department of Fish and Game cc: Mike Grim, City of Carlsbad Enclosure 2 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 1 FINAL REPORT APPLICATION OF FUSILADE II TO THREAD-LEAVED BRODIAEA (Brodiaea filifolia) CDFW Research Permit: 08-01-RP Prepared for: U.S. Fish and Wildlife Service Attn: David Zoutendyk 6010 Hidden Valley Road Carlsbad, CA 92009 David_zoutendyk@fws.gov California Department of Fish and Wildlife Attn: Melanie Gogol-Procurat Botanist, Rare Plant Program, and Cherilyn Burton Staff Environmental Scientist Native Plant Program Habitat Conservation Planning Branch 1416 9th Street Sacramento, CA 95814 cburton@dfg.ca.gov Prepared by: Patrick McConnell and Markus Spiegelberg Center for Natural Lands Management 27258 Via Industria, Suite B Temecula, CA 92590 (760) 731-7790 www.cnlm.org February 2013 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 2 Table of Contents Executive Summary ...................................................................................................................................... 3 I. Introduction ............................................................................................................................................ 3 II. Study Location ....................................................................................................................................... 4 III. Methodology .......................................................................................................................................... 4 IV. Results ................................................................................................................................................... 6 1. Fusilade II Herbicide Application and weed cover ............................................................................ 6 2. Treatment response of thread-leaf brodiaea to herbicide and dethatching ...................................... 8 Vegetative counts .............................................................................................................................. 8 Flowering counts ............................................................................................................................. 10 Scape length ................................................................................................................................... 14 3. Vegetative counts, flowering counts and ratios: general relationships .......................................... 17 V. Discussion ............................................................................................................................................ 21 VI. Literature cited ...................................................................................................................................... 24 List of Tables Table 1. Timing of counts, measures, and manipulations ..................................................................... 6 Table 2. Repeat measures ANOVA results for vegetative count. ...................................................... 10 Table 3. Repeat measures ANOVA results for flowering count. ........................................................ 13 Table 4. Repeat measures ANOVA results for scape length ............................................................. 16 Table 5. BRFIL Density and Percentages 2007 - 2011 ....................................................................... 18 List of Figures Figure 1. Percent cover categorized by treatment................................................................................ 7 Figure 2. Macroplot 1 vegetative count by year. ................................................................................... 8 Figure 3. Macroplot 3 vegetative count by year. ................................................................................... 9 Figure 4. Macroplot 1 flowering count by year. ................................................................................... 11 Figure 5. Macroplot 3 flowering count by year. ................................................................................... 12 Figure 6. Scape length for macroplot 1 .............................................................................................. 15 Figure 7. Scape length for macroplot 3 .............................................................................................. 15 Figure 8. Schematic of scape length result findings. .......................................................................... 17 Figure 9. Vegetative production and rainfall ....................................................................................... 19 Figure 10. Flowering response and average winter temperature. ...................................................... 19 Figure 11. Vegetative and flowering regression for 2008 ................. Error! Bookmark not defined.20 Figure 12. Flowering to vegetative count ratio during the four consecutive years. ... Error! Bookmark not defined. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 3 Executive Summary In January 2008, the Center for Natural Lands Management (CNLM) applied for and received a Memorandum of Understanding (Research Permit 08-01-RP) from the California Department of Fish and Game (now Fish and Wildlife) to apply Fusilade II ® grass-specific herbicide to thread-leaved brodiaea (Brodiaea filifolia) in an experimental context. The goal is to find a cost effective and successful approach to managing (limiting cover of) exotic grasses in habitat occupied by the federally and State-listed thread-leaved brodiaea (hereafter referred to as BRFIL). The management objective is to compare efficacy and effects on thread-leaved brodiaea of several treatments to control non-native grasses. This study included the use of the grass-specific herbicide, Fusilade II, to control exotic grasses, in addition to other treatment combinations such as dethatch, dethatch combined with herbicide application (herbicide + dethatch) and a control in three original study locations (Macroplot 1, Macroplot 2, and Macroplot 3). Following six consecutive years of monitoring, and four consecutive years of partial or full application of treatments, results and management applications have been reasonably confirmed. Fusilade II grass-specific herbicide does not appear to have a negative effect on either vegetative or flowering production in BRFIL. Fusilade II temporarily increases flowering rate, and may also increase inflorescence length, but appears to have no positive effect on vegetative growth. Dethatching appears to have little effect on either trait. Dethatching in concert with herbicide treatment does not improve conditions enough to suggest this as a method of improving habitat for BRFI. . CNLM has determined suitable survey methodology and modeling suggestions. This work has potentially uncovered more information than previously known about the life-history of this species. Roughly ten percent of vegetative individuals in these locations flowered over the course of four years. This percentage may very well be predictable trait of the species, implying that it may take ten years, on average, for a corm to reach size suitable to flower. This rate, understood for years as a generality among local biologists is now more precisely measured, but is still potentially misunderstood due to a potentially high degree of corm dormancy. I. Introduction The Center for Natural Lands Management (CNLM) manages over 4,000 acres of permanently dedicated natural areas in San Diego County, California. A common threat to our preserves is exotic invasive plant species. CNLM manages many occurrences of the state-endangered and federally- threatened thread-leaved brodiaea (BRFIL) in Carlsbad, California. The dominant vegetation community context of these occurrences is exotic grassland, heavily infested with purple-false brome (Brachypodium distachyon) and other exotic grass species. Although native forb species are present, their cover has been significantly reduced by the invasion of these exotic grass species. The goal of dethatching and herbicide addition to BRFIL occupied habitat is to find a cost effective and successful approach to managing (limiting cover of) exotic grasses and potentially enhance occurrences of BRFIL. CNLM’s study uses the grass-specific herbicide, Fusilade II (herbicide), to control exotic grasses. Concurrently, CNLM also tested the effect of removing dried exotic grass litter as part of the study. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 4 In January 2008, CNLM applied for and received a Memorandum of Understanding (Research Permit 08-01-RP) from the California Department of Fish and Game (CDFG) to conduct our proposed project. The study location, methodology, results, and conclusions are presented below. II. Study Location In February 2007, CNLM established the experimental plots (to collect the data for the 2008 first year of the study) at several of the BRFIL occurrences located on the Rancho La Costa Habitat Conservation Area (HCA), specifically located in an area called “The Greens”. The Greens is part of the Rancho La Costa HCA that was set aside as mitigation for the La Costa Villages project under the Multiple Habitat Conservation Plan (MHCP) for North San Diego County. The Greens and the BRFIL occurrences are also covered under the City of Carlsbad’s Subarea Plan as part of the MHCP. California Natural Diversity Database BRFIL element occurrences 33 and 34 are located on the Greens. The results herein mostly contain macroplots only from occurrence 33, as macroplot 2 from occurrence 34 was dropped from experimental manipulation after the 2009 field season due to excessive herbivory. The study locations were chosen because of the density of BRFIL present. In most localities managed by CNLM, the species is dispersed over the landscape in density that is highly variable, and generally not amenable to replicable experimental applications. The three macroplots were designed to capture adequate density of BRFIL in order to detect change over time in the counts and measures planned. Therefore, these locations, although only representing a very localized portion of the southern extent of the species, were most suitable for this experiment because the vegetative production of BRFIL at these locations was both dense and broadly distributed. These characteristics enabled the assignment of replicates in a blocked manner, allowing for the randomized blocked experiment described in Methodology. III. Methodology Three macroplots (macroplots #1 through #3) were established at the Greens in February 2007. These macroplots were placed so that replicates (belts) were situated across the slope topography (perpendicular to the slopes). A balanced randomized complete block design was used to stratify the treatments. Each macroplot contains sixteen belts, with four replicates of each treatment. Each belt occupies an area of 1 meter by 10 meters. This shape was chosen to better capture the clumped distribution of BRFIL. The treatments consisted of: 1) Fusilade II application according to the label 2) Fusilade II application plus dethatching of dried litter material 3) Dethatching of dried litter material only and 4) control (no Fusilade II application or dethatching). Macroplot 2 was removed from the study in 2010. CNLM applied Fusilade II to one of the established belts in February 2008 after receiving permission from CDFG. This belt contained approximately 50 thread-leaf brodiaea (BRFIL). In 2009, CNLM received permission from CDFG to apply Fusilade II to eight belts (one macroplot) after Fusilade II was found to not impact (kill) BRFIL after the 2008 application. Full application was therefore allowed following substantial proof that no BRFIL were harmed in macroplot 3, and therefore both macroplots were treated during 2010. Dethatching of dried litter material occurred in October 2007, September 2009, and September 2011in order to avoid affecting BRFIL during its vegetative, flowering, or seeding stages. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 5 Monitoring occurred two times per year, once to capture vegetative BRFIL (February data collection) and once to capture flowering BRFIL (May data collection). The data collection effort was intended to span a seven-year time frame to account for weather variation vegetative/flowering fluctuations. The first two years (2007 and 2008) were pilot study years. Data collection and Fusilade II application to one belt occurred in early 2008, as mentioned above. Fusilade II was applied to eight belts in early 2009 (macroplot 3). In 2010, Fusilade II was applied to all 16 treatment plots (eight in Macroplot 1 and eight in Macroplot 3). During 2011, Fusilade II was applied to only Macroplot 1. Therefore, each macroplot received two consecutive treatments of Fusilade II, with 2010 being the year in which both macroplots received the herbicide treatments. Data collection ended with a partial collection of vegetative counts during winter 2012, and no further counts of flowering. Within each belt a direct vegetative count of BRFIL was conducted in February 2007 and in February 2008. Since counting vegetative BRFIL was extremely time consuming and cost prohibitory, beginning in 2009, estimates of each belt were performed by counting half of each belt using a random start point, and a ½ x 1 meter quadrat, flip-flopping from one side of each belt to the end of each belt. Through both using linear regression of known values at various sample sizes, and by using Elzinga et al. 1998 Appendix 7, equation #1 along with the finite sample size correction factor, it was determined that roughly 50 percent of each belt needed to be sampled in order to be 90 % confident that the estimation of the population mean was within 20 % of the true mean. This value for each belt (count of half, multiplied by 2) could differ fairly wildly from each belt’s actual count, but any initial errors from total counts by belt were kept constant by returning to each exact starting point of each belt every year. Although estimation for the purposes of obtaining a count for each belt were not necessary for analysis purposes, getting an estimate of true count for each belt was useful for obtaining a flowering to vegetative count ratio, and the analysis was not biased by this procedure. A 0.5 by 1 meter quadrat was placed along the 10-meter tape that was placed in the middle of the 10-meter long belt transect. The start location was at 0 meters and the quadrat was placed on alternating left and right-hand sides of the meter tape at every meter until the end of the belt transect (total of ten quadrates per belt). Vegetative BRFIL was counted in each quadrat and then doubled for a total estimated BRFIL count per belt. A direct flowering count was conducted every year. Species richness was collected by recording all species encountered within each belt. Percent cover by species was collected in each belt using the 0.5 by 1 meter quadrat placed at random intervals on the right and left hand sides of a meter tape placed in the middle of each belt. Three quadrats were read per belt, and placement of the quadrat on either side of the measuring tape was determined with the flip of a coin. The quadrat contained 36 points, located when metal wires arranged within the quadrat intersected at one decimeter intervals, thus supplying 108 total points per belt for estimating percent vegetative and ground cover. Vegetative cover was recorded by species. Ground cover was recorded as either bare ground or litter. Height and flower count per scape were also measured in each of the belts in May 2008. In 2008, the BRFIL that were measured were randomly chosen. Another meter tape was placed perpendicular at each meter interval along the 10-meter belt transect tape. Five of the closest BRFIL to that perpendicular tape at each meter were measured. After analyses were completed, it was determined that either height or flower count could be measured as these two variables were highly correlated. As such, beginning in 2009, only BRFIL flowering height (inflorescence, or scape) was measured, and this distance was measured as from ground level to the tip of the highest flower in the inflorescence. Twenty-five BRFIL were selected and 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 6 measured within each treatment belt. If twenty-five plants were not growing within each treatment belt, then all of the plants in that treatment belt were measured. All scapes for each selected plant were measured using a ruler. To accomplish this, a tape measure was stretched out in the middle of each belt to run the length of each belt. To avoid subjective choice, a ruler was laid out perpendicular to the belt at every half-meter interval (.5, 1, 1.5, etcetera) along the tape. The closest BRFIL to the intersection of the ruler and measured interval along the tape was selected. It was later found that this methodology was not without potential bias (Elzinga et al. specifically referred to this method as potentially favoring taller stems). In 2010, the height measurement methodology was modified. In order to reduce subjectivity, all flowering BRFIL encountered within each treatment belt within macroplot 1 that contained less than 50 plants were measured. In Macroplot 1, where greater than 50 plants were flowering (the majority of belts) quadrats were randomly placed throughout the belts until fifty individuals were measured. All flowering individuals in macroplot 3 were measured, since flowering was not as dense as in macroplot 1. Prior to analysis, those individuals with multiple scapes were reduced to a single measure of the longest scape. Table 1. Timing of counts, measurements, and manipulations 2007 2008 2009 2010 2011 2012 Macroplot ID Activity 1 3 1 3 1 3 1 3 1 3 1 3 Vegetative counts Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Partial Partial Flowering counts No No Yes Yes Yes Yes Yes Yes Yes Yes No No Scape length Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Dethatching Yes Yes No No Yes Yes No No Yes Yes No No Herbicide application No No No Belt 9 only No Yes Yes Yes Yes No No No IV. Results Results are presented for: (1) direct results from structured experiment and (2) additional information gained that is outside the scope of the study, but important for the management of the species. 1. Fusilade II Herbicide Application Effect on BRFIL and Weed Cover Three consecutive years of application Fusilade II does not appear to kill or harm BRFIL when applied correctly and following label directions. In each case, these applications occurred early in the growing season, when vegetative BRFIL was present in conjunction with exotic, annual grasses, prior to exotic grass flowering and seed set. Additionally, common goldenstar (Bloomeria crocea) another geophyte species, growing in the herbicide treatment belts, was also not negatively affected by Fusilade II herbicide application. Fusilade II is effective at removing the non-native grasses from the herbicide application belts (Figure 1). Since this is a grass-specific herbicide, no forbs, including non-native forbs, appear 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 7 Non-native grass Non-native forb controldethatchherbdethherbicideTreatment 0 10 20 30 40 50 60 70 80 90 Percent absolute coverto have been harmed, and therefore, a replacement takes place from non-native grass to non-native forbs, though during 2010, it was a lesser degree than non-native grass cover. Figure 1. Non-native plant cover, after treatment, for the control and treatment plots (Percent absolute average for Macroplots 1 and 3 (+/- 1 s.e.) for 2010 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 8 Herbicide Herbicide + Dethatch Dethatch Control 2009 2010 2011 2012 0 500 1,000 1,500 2,000 Vegetative counttreatment years 2. Treatment Response of BRFIL to Herbicide and Dethatching Vegetative counts: Herbicide has no negative effect on the vegetative production of TLB, but it would appear that although there is much variation among blocks, no significant positive effects are observed to occur (Figures 2 and 3). Note that due to regulatory restrictions, treatments were gradually applied to ensure no large-scale destruction of TLB. Also note that macroplot 3 had more observable increased counts of vegetative TLB than macroplot 1. Figure 2. Macroplot 1 untransformed average (+/- 1 s.e.) vegetative count by year. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 9 Herbicide Herbicide + Dethatch Dethatch Control 2009 2010 2011 2012 0 100 200 300 400 500 600 700 Vegetative countTreatment years Figure 3. Macroplot 3 untransformed average (+/- 1 s.e.) vegetative count by year. No significant effects were found in the repeat measures ANOVA run for vegetative response to the treatments (Table 2). Blocking (treatment location with respect to the other belts of the same treatment) has a significant effect on vegetative production, and macroplots differ substantially (F ratio = 8.481, p value <.001), but neither of these between subject effects are important on their own. Herbicide is the treatment that comes closest to reaching significance (F = 3.86, p <.066), and there is a strong herbicide x block interaction (F = 13.67, p <.001). Also, dethatching has a nearly significant interaction with block (F = 2.82, p<.07). If herbicide is having any effect on vegetative production, this varies by where the herbicide was applied (Figure 2 and 3). Macroplot 3 indicates an uptick in vegetative counts in herbicide application plots, and this accounts for a near-significant result, but the results for both macroplot 1 and 3 are idiosyncratic, with a few blocks indicating higher control counts over time, a few indicating higher herbicide counts over time, and the majority showing no difference. A three-way interaction exists for herbicide, dethatch, and block (F = 4.79, p<.013), and dethatching may have a positive effect among one or more blocks, indicated by the nearly significant interaction with block (F = 2.82, p<.070). 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 10 Table 2. Repeat measures ANOVA results from analysis of LN transformed vegetative count data. Source SS df Mean Squares F-Ratio p-Value Fixed effects (Within subjects) Herbicide 0.045 1 0.045 3.861 0.066 Dethatch 0 1 0 0 0.990 Herbicide x Dethatch 0.009 1 0.009 0.354 0.560 Random effects (Between Subjects) Year 0.082 2 0.041 0.287 0.754 Macroplot 8.481 1 8.481 59.465 0.000 Block 3.781 3 1.26 8.837 0.001 Error 2.425 17 0.143 Fixed x Random effects interactions Herbicide x Year 0.085 2 0.042 3.605 0.050 Herbicide x Macroplot 0.016 1 0.016 1.323 0.266 Herbicide x Block 0.482 3 0.161 13.668 0.000 Error 0.2 17 0.012 Dethatch x Year 0.002 2 0.001 0.079 0.924 Dethatch x Macroplot 0.001 1 0.001 0.047 0.831 Dethatch x Block 0.132 3 0.044 2.824 0.070 Error 0.265 17 0.016 Herbicide x Dethatch x Year 0.007 2 0.003 0.126 0.882 Herbicide x Dethatch x Macroplot 0.015 1 0.015 0.587 0.454 Herbicide x Dethatch x Block 0.372 3 0.124 4.788 0.013 Error 0.44 17 0.026 Since the 2011 analysis (above) indicated no significant effects on vegetative production for dethatching as compared to control, dethatched plots were not counted during 2012. It was anticipated that vegetative production would show a lag effect, and perhaps pick up in succeeding years as a response to herbicide application, but analysis of 2008-2012 data suggest that no real effects are to be had for vegetative production, and that there is a high amount of variation among blocks that may mask any real effects. Flowering counts: The independent variable “year” has a significant main effect on the production of flowering among both macroplots, and was the strongest single main effect (F = 25.7, p<.001). Block has a significant main effect, and so does macroplot. Thus, with respect to vegetative production, location matters more than year, as most years experience roughly equivalent vegetative growth, assuming rainfall is suitable. Within subjects effects only reveals herbicide to be significant (F = 8.69, p<.009), while dethatching is not (F = 1.85, p<.192). Interestingly, these patterns hold when the repeat measures analysis is performed on un-transformed data. The only potential interaction that may have an effect that remains undetected by this analysis is that the un-transformed analysis reveals a near-significant three-way interaction of herbicide + 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 11 Herbicide Herbicide + Dethatch Dethatch Control 2008 2009 2010 2011 0 100 200 300 400 500 600 Flowering countdethatching + macroplot. Clearly, macroplot 3 (Figure 5) contains belts that reveal high counts, and this is revealed in the large standard error bars. Paired t-tests reveal that the effects of herbicide were more immediate following treatment in macroplot 3 in 2009 (t = -3.04, p<.042), while it took a second year of herbicide application to reveal a significant increase among herbicide belts in macroplot 1 (2011 paired t = -8.05, p<.004). Of particular interest is that flowering counts happened to be high among the herbicide belts in macroplot 1 before treatments took place, but these initial differences were not significant, as evidenced by the overlapping standard error bars during 2008 (Figure 4). Unlike the response variable vegetative count, flowering count displayed consistent increases during application years, but interestingly, did not hold these increases on years following treatment. Figure 4. Macroplot 1 untransformed average (+/- 1 s.e.) flowering count by year. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 12 Herbicide Herbicide + Dethatch Dethatch Control 2008 2009 2010 2011 0 10 20 30 40 50 60 70 80 90 Flowering count Figure 5. Macroplot 3 untransformed average (+/- 1 s.e.) flowering count by year. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 13 Table 3. Repeat measures ANOVA results for analysis of LN transformed flowering count data. Source SS df Mean Squares F-Ratio p-Value Fixed effects (Within subjects) Herbicide 0.806 1 0.806 8.689 0.009 Dethatch 0.127 1 0.127 1.848 0.192 Herbicide x Dethatch 0.006 1 0.006 0.063 0.805 Random effects (Between Subjects) Year 9.083 2 4.542 25.705 0.000 Macroplot 1.47 1 1.47 8.32 0.010 Block 2.939 3 0.98 5.545 0.008 Error 3.004 17 0.177 Fixed x Random effects interactions Herbicide x Year 0.056 2 0.028 0.304 0.741 Herbicide x Macroplot 0.292 1 0.292 3.153 0.094 Herbicide x Block 0.515 3 0.172 1.85 0.176 Error 1.576 17 0.093 Dethatch x Year 0.021 2 0.011 0.155 0.857 Dethatch x Macroplot 0.007 1 0.007 0.107 0.748 Dethatch x Block 0.406 3 0.135 1.968 0.157 Error 1.168 17 0.069 Herbicide x Dethatch x Year 0.036 2 0.018 0.183 0.834 Herbicide x Dethatch x Macroplot 0.172 1 0.172 1.779 0.200 Herbicide x Dethatch x Block 0.584 3 0.195 2.01 0.151 Error 1.646 17 0.097 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 14 Scape length : Scape length and flower count (count of flowers atop each scape) correlated, and thus, scape length was chosen as another measure of reproductive output in an attempt to discern if the treatments affected the biomass of TLB. The scapes were also counted in an attempt to discern whether BRFIL producing multiple scapes produced these at a higher frequency in treatment plots, but this measure was too variable and low counts precluded any statistically verifiable results from being established. Low flowering counts also interfered with the analysis of scape length, since counts of very few individuals would bias results in favor of belts containing many individuals flowering. These were removed from analysis of scape length, and the results were empty cells (n = 9 of 116 cells). Empty cells were not more frequent in any particular treatment or in controls, and only amounted to less than 8 percent of the data set. Since repeat measures deletes entire rows of comparisons containing missing values, these empty cells were filled with averages of values from each macroplot and treatment of which the missing values originated. Full repeat measures ANOVA doesn’t detect any treatment effects (Table 4), and this is partially because yearly measures were drastically different across treatments among years. Figures 6 and 7 below suggest that herbicide may have an effect during 2010, but this effect is masked by year to year variability, and macroplots behave similarly without regard to treatment. Years differ drastically (F = 23.7, p<.0001) from one-another, and macroplots tend to co-vary, as indicated by a non-interaction (Year x macroplot F = 1.29, p<.305), but there is roughly a 5cm difference in average control scape lengths between the two macroplots that is regularly different. Note that by chance, macroplot 1 has a near-identical pattern to macroplot 3 for 2009, and there was no herbicide addition for macroplot 1 until 2010. Table 4 also indicates that although there were no main treatment effects, year x treatment is a significant interaction (F = 3.01, p<.005), and there was no three-way interaction between year x treatment x macroplot (F = .98, p<.46), indicated that macroplots behaved similarly during particular years with respect to treatments. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 15 Herbicide Herbicide + Dethatch Dethatch Control 2008 2009 2010 2011 0 10 20 30 40 50 60 70 80 Inflorescence height (cm)Herbicide Herbicide + Dethatch Dethatch Control 2008 2009 2010 2011 0 10 20 30 40 50 60 70 80 Inflorescence height (cm) Figure 6. Average (+/- 1 s.e.) Scape length in centimeters for macroplot 1 Figure 7. Average (+/- 1 s.e.) Scape length in centimeters for macroplot 3 In macroplot 3, herbicide belts suggest a significant difference from controls (Figure 7), but this graphic contains belts with low counts that were removed from analysis. Restricting repeat measures ANOVA to individual years (the equivalent of a paired t-test) suggests a significant treatment effect for both macroplots during 2010 (F = 3.62, p<.03). Further paired t-testing with both macroplots combined for comparisons reveals only two 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 16 significant differences, with herbicide treatment significantly higher than control (t= -5.73, p<.001), and herbicide treatment significantly higher than dethatch (t = -2.87, p<.024). 2010 was the year when both macroplots received herbicide treatments. Continuing to consider both macroplots (n=8 of each treatment), during 2010, only one belt had a higher average scape length in controls compared with herbicide treatment, and all herbicide treatments had higher average scape heights than dethatch treatments. The dethatch + herbicide treatment results were unpredictable when compared with controls. Table 4. Full repeat measures ANOVA results for scape length Source SS df Mean Squares F-Ratio p-Value Fixed effects (Within subjects) Treatment 13.58 3 4.53 0.15 0.930 Random effects (Between Subjects) Year 629.1 3 209.7 26.7 0.000 Macroplot 245.0351 1 245.035 4.4896 0.078 Interactions Year x Macroplot 244.62 3 81.54 5.65 0.016 Error 259.69 18 14.42 Year x Treatment 256.23 9 28.47 3.01 0.005 Year x Treatment x Macroplot 83.38 9 9.26 0.98 0.466 Error 510 54 9.44 Macroplot 3 during 2009 has opposite results to those presented for 2010 above. Although there are no significant treatment effects for this year (F = 2.51, p<.12), the general pattern is that of a possible negative effect on scape length from herbicide application. The strongest potential effect is that of dethatching compared to herbicide (t = 2.83, p< .06). In this particular case, all four dethatching belts had higher average scape lengths than herbicide belts. Macroplot 3 showed no treatment effects during 2011, but macroplot 1 behaved like macroplot 3 did during 2009. In macroplot 3 during 2011, as with macroplot 3 during 2009, all four dethatching belts outperformed herbicide + dethatch belts, and the effect, although not significant, edges close to significance (t = 2.42, p<.094). No other patterns were noticeable during 2011. Figure 8 contains a visual of potential effects, significant or near-significant, that may help in understanding what may be a pattern that isn’t due to chance variation. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 17 Figure 8. Schematic of scape length result findings. Light green represents results that are not significant but may be important. 3. Vegetative counts, flowering counts and ratios: general relationships and suggested sampling procedures Table 5 contains vegetative and flowering counts, in addition to the ratio of these counts. Modest trends suggest that rainfall amount may have a positive influence on annual vegetative production (Figure 9). Particularly noticeable is the contrast between 2007 and 2008; a portion of corms appear to maintain dormancy during 2007, re-emerging during 2008. There appears to be some relationship between annual winter temperature and flowering percentage (Figure 10), however, establishing a significant relationship, if it exists, would require more years of data collection and additional sites to provide more variation in annual temperatures. . Previous year precipitation totals (data not shown herein) indicate a very similar pattern, and therefore, either or both may have a positive influence on flowering percentage. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 17 Figure 8. Schematic of scape length result findings. Light green represents results that are not significant but may be important. 3.Vegetative counts, flowering counts and ratios: general relationships and suggested sampling procedures Table 5 contains vegetative and flowering counts, in addition to the ratio of these counts. Modest trends suggest that rainfall amount may have a positive influence on annual vegetative production (Figure 9). Particularly noticeable is the contrast between 2007 and 2008; a portion of corms appear to maintain dormancy during 2007, re-emerging during 2008. There appears to be some relationship between annual winter temperature and flowering percentage (Figure 10), however, establishing a significant relationship, if it exists, would require more years of data collection and additional sites to provide more variation in annual temperatures. . Previous year precipitation totals (data not shown herein) indicate a very similar pattern, and therefore, either or both may have a positive influence on flowering percentage. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 17 Figure 8. Schematic of scape length result findings. Light green represents results that are not significant but may be important. 3. Vegetative counts, flowering counts and ratios: general relationships and suggested sampling procedures Table 5 contains vegetative and flowering counts, in addition to the ratio of these counts. Modest trends suggest that rainfall amount may have a positive influence on annual vegetative production (Figure 9). Particularly noticeable is the contrast between 2007 and 2008; a portion of corms appear to maintain dormancy during 2007, re-emerging during 2008. There appears to be some relationship between annual winter temperature and flowering percentage (Figure 10), however, establishing a significant relationship, if it exists, would require more years of data collection and additional sites to provide more variation in annual temperatures. . Previous year precipitation totals (data not shown herein) indicate a very similar pattern, and therefore, either or both may have a positive influence on flowering percentage. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 18 Table 5 - BRFIL Density and Percentages 2007 - 2011 Year Attribute Macroplots BRFIL Totals 1 2 3 2007 Total BRFIL Vegetative Density 5951 7147 1275 14373 Total BRFIL Flowering Density 0 0 0 0 2008 Total BRFIL Vegetative Density 13445 13508 2636 29589 Total BRFIL Flowering Density 3500 319 419 4238 2009 Total BRFIL Vegetative Density 15678 10943 2532 29153 Total BRFIL Flowering Density 133 6 161 300 2010 Total BRFIL Vegetative Density 11,388 N/A 2928 14,316 Total BRFIL Flowering Density 1,014 N/A 618 1,632 2011 Total BRFIL Vegetative Density 11962 N/A 3996 15958 Total BRFIL Flowering Densit 820 N/A 250 1070 Macroplots 1 2 3 Total Percent Flowering by Year 2007 Percent Flowering BRFIL 0% 0% 0% 0% 2008 Percent Flowering BRFIL 26.0% 2.4% 15.9% 14.3% 2009 Percent Flowering BRFIL Less than 1% Less than 1% 6% 1% 2010 Percent Flowering BRFIL 8.9% N/A 21.1% 11.4% 2011 Percent Flowering BRFIL 6.8 6.2 6.5% 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 19 3 2 1 Macroplot 12345678910Cumulative winter precipitation (inches) 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Vegetative count 2007 2009 2008 2011 2011 20102009 2008 55 56 57 58Average winter temperature (F) 0.0 0.1 0.2 0.3 Flowering to vegetative count ratio Figure 9. Cumulative annual vegetative production in non-herbicide application belts 2007 through 2011. Rainfall measured at nearby Mclellan-Palomar airport, Carlsbad California. Figure 10. Flowering response at each macrplot to average winter temperature. Temperature measured at nearby Mclellan-Palomar Airport, Carlsbad California. Comprehensive counts of BRFIL have allowed determination of more efficient sampling schemes for future studies. There are four methods of obtaining census data on this species: a. Vegetative counts throughout all occurrences b. Annual flowering counts throughout all occurrences 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 20 c. Count vegetative and flowering at one or more occurrences, simultaneously counting flowering at surrounding occurrences, and use flowering percentage to obtain estimates of vegetative production for the surrounding occurrences d. Modeling vegetative production through sub-sampling both vegetative and flowering counts, and applying these to surrounding occurrences by using flowering counts Method “d” may only take one or two count-years, depending on whether nearby occurrences appear to line share a similar relationship between vegetative and flowering production. It is necessary, then, that method d be carried out cautiously, since during many years, nearby occurrences do not share a similar flowering ratio, as revealed in this research. There was only one year of the four consecutive years of counts, where both macroplots 1 and 3 shared similar relationships between flowering and vegetative counts (Figure 11). Removing herbicide belts from regressions does not change this pattern for any years. It is most likely that the years following drought (2007) may be the best years to estimate vegetative production from flowering production, as 2008 produced a very high flowering percentage at both macroplots, neither of which flowered during 2007. Figure 11. Vegetative production regressed with flowering production during 2008. Counts include herbicide belts. Response axis reversed for ease of interpretation. Vegetative count macroplot 1 = 2.4(flowering count) + 308, r2 = .74. Vegetative count macroplot 3 = 3.73(flowering count) + 67.1. Both slopes significantly > 0 (p<.001). Surprisingly, the grand average flowering ratio for the four consecutive years of this project where flowering occurred, is 10.2. There is much variation between macroplots (Figure 12) during most years of counting, indicating that although physical conditions are virtually identical, percentage of flowering can be drastically different between the two macroplots. The average being closely aligned suggests that corm age/size probably contributes to flowering time, and these differences may be least partially attributable to disturbance history, and/or the timing of population establishment. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 21 Figure 12. Average flowering to vegetative count ratio (not including herbicide application belts) during the four consecutive years in which flowering occurred, excluding herbicide belts. N = 8 belts for each macroplot for each year. Note that among both plots, the average flowering ratio is 10.2. V. Discussion It is clear that Fusilade II herbicide, when applied at the label recommended application rate, does not have a negative effect on the vegetative production of TLB. And, it is clear that Fusilade II, at this application rate, does have at least a temporary positive effect on the flowering percentage of TLB. What remains unclear after five years of annual counts, and four years after the initial application of Fusilade II to macroplot 3, is whether the reduced competition will have any measurable effect on vegetative production. There is some increase in vegetative production one study site (macroplot 3) but macroplot 1 is highly inconclusive with respect to vegetative counts. The herbicide application belts are still visible as of January 2013, thus there is still more open ground than in control belts, despite the concomitant replacement of non-native cover by forbs. Dethatching has no noticeable effect on the flowering response of BRFIL. Likewise, there was no positive effect detectable for the vegetative response. Dethatching and herbicide in combination appear in some belts to maximize flowering production, but this combined effect is not large enough to warrant further investigation. It appears that, although some belts behaved with very noticeable increases in flowering, other belts were not different from herbicide-only application. It is instructive here to note that the herbicide + dethatching treatment combinations suggest some noticeably higher counts in macroplot 3, but macroplot 3 generally had far less dense TLB than macrplot 1, which only indicated modest increases above controls with the combined treatments. Thus, the behavior of macroplot 1 lends more weight to the supposition that dethatching in concert with herbicide application may not be worthwhile. Although gaining quickly, there remains a lack of thatch in both the herbicide and herbicide + dethatch belts and Macroplot 3 = 11.0% avg. fl. ratio Macroplot 1 = 9.5% avg. fl. ratio 2008 2009 2010 2011 0.0 0.1 0.2 0.3 0.4 Flowering to vegetative count ratio 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 22 this is noticeably lower than control or dethatch belts. It is reasonable to suggest that simply dethatching without reducing annual production of purple falsebrome using herbicide is not a viable solution. Even reducing thatch on a semi-annual basis may not lead to much change in either vegetative production or flowering response over the scale of three or four years, as verified by this research. Herbicide was the strongest effect on flowering production, and dethatching alone was ineffective in changing flowering rates. Live cover of purple falsebrome remained the same under dethatching as with controls. There may be an interaction with light availability, with soil temperature, or water availability, but none of these were measured variables. Any combination of factors may be responsible for increased flowering following the addition of Fusilade to this habitat, including some quality inherent in the chemical composition of Fusilade II. A worthwhile measure of fitness changes resulting from herbicide application may be scape length, since flowering in corm-bearing perennials may represent a high investment in resources (Snow and Whigham 1989). Additionally, scape length may be an indirect measure of biomass that is more precise than counts of flowering individuals. Scape length measures were inconclusive with respect to treatments during most years. It is clear, however, that both macroplots displayed significant scape length increases in herbicide application belts during 2010. During this year, scape length was considerably higher among all treatments and controls. During 2009, and during 2011, scape lengths across treatments and controls were generally shorter, and these patterns may help explain the idiosyncratic results with this measure. During 2009, for instance, macroplot 3 received its first treatment, and scape lengths were almost exclusively shorter under herbicide treatments. This did not occur in macroplot 3 during 2010 or 2011, but during 2011, did occur in macroplot 1. Neither of these results with respect to scape length and herbicide application for these two macroplots, for these two separate years, were statistically significant, but it is important to point out that there were general decreases during these years. The fact that significant increases in scape length happened in both macroplots during 2010, and that during this year scape lengths across treatments were larger leads to questions about annual variability, resource availability, and allocation. Other researchers (Han et al. 1991) have found a positive relationship between low nighttime “forcing” temperatures and scape length, and 2010 happened to be a considerably colder average winter than either 2009 or 2011, which had nearly identical average winter temperatures. The scape lengths were not determined by rainfall amount, as 2011 was considerably wetter than either 2009 or 2010, and both 2009 and 2010 were roughly equivalent in rainfall amounts. It may be that during cooler forcing temperature years, application of herbicide has a net positive effect on scape length, and that during other, warmer forcing temperature years, herbicide application may have a net negative effect on scape length. Herbicide application certainly did not negatively affect flowering rate, so perhaps what we see during 2009 and 2011 is only chance variation in the measure of scape length. Also of importance to note is that there were higher flowering counts during 2010 than either 2009 or 2011, and thus, perhaps fewer individuals being measured during these years lead to less reliable conclusions. During 2009 and 2011 some belts had very low scape counts or none at all, and this was due to herbivory during scape elongation prior to measurement. The fact that we see no significant increase in vegetative production is not a negative outcome, but may be a consequence of increased allocation to flowering that resulted from herbicide application. Flowering in corm-bearing perennials can occur at the expense of future vegetative growth, and may inevitably lead to decreased vegetative propagation (Snow and Whigham, 1989). For commercially grown brodiaea, researchers have shown that corm size determines flowering, that flowering will not take place until a particular size of corm is reached, and that, 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 23 among other measures, scape length improves as the size of the mother corm increases (Han et al. 1991). Despite this consideration, there should still be a significant fraction of those vegetative individuals that did not flower, that likewise had higher resource availability, and could therefore possibly create more cormlets. However, increased flowering should be an indication of increased corm maturation among those corms that were closer to maturity prior to treatments, and this is an indication that herbicide application positively affected vegetative production, at least during those years when herbicide was applied. Perhaps cormlet production stays relatively constant with or without purple falsebrome cover at these localities. It is clear that a large-scale removal of purple falsebrome will require the addition of native forb seed. Annual forbs like silver puffs (Uropappus lindleyi), small-flower bindweed (Convolvulus simulans), and perennial forbs including blue-eyed grass (Sisrynchium bellum) are regularly encountered in very limited cover throughout the control belts. Following treatment, small-flower bindweed became particularly numerous, and in some cases, dominated small areas of the herbicide application belts. There are no needlegrass (Stipa pulchra) onsite, and due to this it is CNLM’s belief that this never was a grassland, but was more likely an annual and perennial forb dominated habitat prior to anthropogenic disturbances. The proper solution to restoring these areas that likewise hold TLB is to seed the sites with native forbs in order to reset some semblance of balance that was situated in these areas prior to disturbance and invasion by non- native grasses and forbs. There has been a general anecdotal observation and assumption that a small fraction, perhaps ten percent on average, of TLB would flower in any given year. Measurements conducted in this study confirmed this observation. The fact that two very close-by macroplots experienced quite different flowering rates during the majority of years of this research may lend evidence that this ratio is a population-level dynamics indicator. It makes clear biological sense that the rate of flowering over the course of several years would emerge to roughly the same percentage if this ratio was determined by individual corms reaching maturity; perhaps partially reflecting when the population in question was established, and partially determined by resource availability. 2008 was a year following extreme drought, so many corms surviving 2007 grew very little, or held off reaching maturity until 2008. For this reason, such high rates of flowering are seen among both macroplots during 2008. This ten percent is of only those individuals that are expressed vegetatively. Others have made observations that suggest several or even hundreds of corms exist for every vegetative expression (Taylor, 1991, F. Roberts pers. comm., 2012). Further research on this topic should include a long-term study of annual corm production. This is an easily envisioned study, involving perhaps 100 initial successful germinated seeds, each in its own container. Thereafter, 10 percent of the containers can be dug through, and cormlet production and sizes can be recorded. These data can inform the management community what percentage of underground viable corms are represented by the vegetative production. This may be a fairly constant ratio, or may vary by some predictable amount based on resource availability. It appears that a longer-term study is needed in order to track vegetative production over time as a response to removal of non-native competitors from BRFIL habitat. There is some question whether the forbs, which replaced purple falsebrome, exerted enough competition for resources to have stymied the vegetative output of BRFIL to an equal degree of the non-native grasses. The removal of non-native forbs through spot-application with either a taxon-specific or broad-spectrum herbicide will be easier once a broad application of Fusilade II has destroyed the vast majority of non-native grass cover. Therefore, the findings of this experiment are useful in at least providing firm knowledge that Fusilade II, when applied at label specified rates, does 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 24 not harm BRFIL, provides a short burst of available resources that increases flowering, may increase size of scapes, and will save time and resources when used in combination with spot- treatment follow-up. VI. Literature cited Elzinga, C. L., D. W. Salzer, & J. W. Willoughby. 1998. Measuring and Monitoring Plant Populations. U.S. Bureau of Land Management technical publication. Han, S., A. Halevy, R. Sachs, and M. Reid. 1991. Flowering and corm yield of Brodiaea in response to temperature, photoperiod, corm size, and planting depth. J. Amer. Soc. Hort. Sci. 116(1). 19-22. Snow, A. and D. Whigham. 1989. Costs of flower and fruit production in Tipularia discolor (Orchidaceae). Ecology. 70(5) 1286-1293. Taylor, R. 1991. Threadleaf brodiaea propagation, restoration technique developed (California). Restoration & Management Notes 9: 135-136. Roberts, Fred. 2012. Personal communication regarding cormlet production in his yard upon removal, and comparison of this count with vegetative production during that year. Page 1 of 1 From: Van Lynch To: ajones@hgfenton.com Date: 01/29/2008 9:09 AM Subject: Fox/Miller Conservation easement Attachments: img-1291001-000Lpdf; img-1291018-0001.pdf; FoxmillerConservationEasement.pdf Allen: In a continuing effort to get this completed, there are a couple of changes that need to be made to the Conservation Easement document. I believe the document was created on your end by Ron Rouse. The past copies I have show strikeouts and revisions that are not typically done in our office. Also, the footer is not any number recognized by our office. I've attached a PDF of what I thinlc is the latest version. On Page 1, add project number and name (CT 00-20 - FOX/MILLER) under Conservation Easement Deed. On Page 1, update date to 2008. On Page 3 (copy attached), I will need the Exhibits referenced. I have Exhibit C (Mitigation Plan), but will need Exhibit D (existing easements) and Exhibit E (aerial photograph of the property showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the US. On page 20,1 will need you to add "Grantee: City of Carlsbad, A Califomia Municipal Corporation, By (signature line), Mayor. I've attached a revised page for reference. Regarding the photo (Exhibit E), I don't recall others doing this and if it were to "go away" it would make this more simple. I don't recall that it was a requirement of the Cons. Easement. I would think there is plenty of documentation in the record to cover this, if you want to keep it, please provide the info. Once the Document is complete, I would like to secure your signature and hopefully the exhibits would be assembled by then or shortly thereafter. Thanks again, Van file://C:\Documents and Settings\vlync\Local Settings\Temp\XPgrpwise\479EED33GW-... 01/29/2008 Page 1 of2 Van Lynch - RE: Geologic View Panels [for] Fox-MiUer Property(07238-42-03) From: "Allen Jones" <allen@HGFENTON.com> To: "Van Lynch" <Vlync@ci.carlsbad.ca.us> Date: 09/06/2006 8:03 AM Subject: RE: Geologic View Panels [for] Fox-Miller Property(07238-42-03) Thank you, Van. I will ask Geocon to select optimum locations along Salk. Allen M. Jones Vice President H.G. Fenton Connpany 7577 Mission Valley Road # 200 San Diego, CA 92108 (619) 400-0134 (619) 400-0111 (fax) —Original Message— From: Van Lynch [mailto:Vlync@ci.carlsbad.ca.us] Sent: Tuesday, September 05, 2006 3:52 PM To: Allen Jones Cc: chuckk@jtkruerco.com; Johns@odayconsultants.com Subject: Re: Geologic View Panels [for] Fox-Miller Property(07238-42-03) Allen: OK. I guess we go back to plan B which would be to put in cuts up on Salk in trying to meet the purpose and intent of the project conditions of approval as we don't want to go back to Planning Commission to revise the project conditions. As discussed with Chuck and John S. in the field, a cut should than be added on Salk Ave as the stability and interesty are both better. I will agree to two cuts , say 10 feet wide and four feet tall, as to reduce the exposure of unlandscaped slopes and exposed material (not being twenty feet wide as originally proposed). Thanks, Van »> "Allen Jones" <allen@HGFENTON.com> 09/01/06 4:05 PM >>> Hi, Van: I'd like to continue the discussion on the matter ofthe proposed geologic view "windows" along El Camino Real. Yesterday I inspected an area exposed by a backhoe; the purpose of the cut was to demonstrate what would be seen in these "windows". I was very disappointed - it just looked just undifferentiated dirt to me. I then asked Greg Rzonca of Geocon to inspect the area and prepare a letter with his analysis (letter attached). May I ask you to review Greg's letter and give me a call to discuss? I don't think it is prudent to do the cuts, either for (lack of) scientific interest or for erosion/stability issues. Thanks, Alien M. Jones Vice President file://C:\Documents and Settings\vlync\Local Settings\Temp\GW}00001 .HTM 09/20/2006 GEOCON INCORPORATED GEOTECHNICAL CONSULTANTS Project No. 07238-42-03 September 1, 2006 H. G. Fenton Company Incorporated 7577 Mission Valley Road, Suite 200 San Diego, California 92108 Attention: Mr. Allen Jones Subject: CARLSBAD TRACT CT-00-20 CITY OF CARLSBAD, CALIFORNL\ GEOLOGIC VIEW PANELS References: 1. Update Geotechnical Investigation, Carlsbad Tract CT-00-20, Carlsbad, California, prepared by Geocon Incorporated, dated April 22, 2004. 2. Grading Plans For: Carlsbad Tract 00-20, Fox - Miller Property, dated August, 2005, scale 1"= 40', prepared by O'Day Consultants, City of Carlsbad Project CT. 00-20, Drawing No. 418-6A, City Engineer approval date December 19, 2005. Gentlemen: In accordance with your request, we have prepared this letter to provide an assessment of geologic view panels currently planned along the west side of El Camino Real near the north terminus of Tract CT. 00-20 (Fox-Miller Project) in the City of Carlsbad, California. The geologic view panels are to consist of approximately 4-foot-high and 20-foot-long vertical cut exposures excavated into an existing maximum 12-foot-high 1.5:1 (horizontal:vertical) west-facing cut slope. Based on the referenced grading plans, 3 view panels are planned in a "turn out" area north of the soil nail wall. The grading plan shows the view panels to be separated by a horizontal distance of approximately 50 feet. Our assessment is based on review of the above-identified documents, observations during mass grading ofthe project, cut exposures during construction of the soil nail wall along the west side of El Camino Real, and observations of a recent exploratory backhoe test pit excavated near the center of the view panels to observe geologic features in the cut slope. Observation of the view panel area indicates the existing slope has eroded and degraded at several locations. The exploratory backhoe pit exposed topsoil and weathered Point Loma Formation bedrock. Weathering has significantly degraded the bedrock depositional and structural features at the exploratory location, such that significant geologic features, including stratification, faults, or intact fossils, were not observed. Vertical cuts for the proposed view panels will penetrate into soft topsoil and weathered bedrock. Because of the presence of topsoil and weathered bedrock, the vertical excavations created for the view panels will degrade over time and soil from the vertical will slough into the excavated panel area. A vertical cut excavation will not be able to be maintained for an extended period of time. The surficial slope instability caused by the vertical excavations could propagate upslope and undermine the plaimed top of slope swale and erode into sensitive environmental habitat. Earth debris resulting from surficial instability would require periodic maintenance and could present a hazard to 6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858) 558-6900 • Fax (858) 558-6159 pedestrians and vehicle traffic. Consequently, Geocon Incorporated does not recommend construction of the geologic view panels shown on the referenced grading plans. Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at you convenience. Very Truly Yours, GEOCON INCORPORATED C Mikesell 1/ Gj^gory F. Rzonca RCM:GFR:anh (2) Addressee (2/del) J.T.Kruer: Attention: Mr. Chuck Knight (2) O'Day Consultants Attention: Mr. John Strohminger CEG 1191 Project No. 07238-42-03 September 1, 2006 RONALD R. BALL CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY RONALD KEMP DEPUTY CITY ATTORNEY PAUL G. EDMONSON DEPUTY CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1949 (760) 434-2891 FAX: (760) 434-8367 May 10. 2006 Robert C. Ladwig President Ladwig Design Group, Inc. Suite 300 703 Palomar Airport Road Carlsbad, CA 92011 /<0 RANDEE HARLIB SECRETARY TO CITYATTORNEY ARDIS SEIDEL LEGAL SECRETARY/PARALEGAL -4 \ RE: REQUEST FOR ASSISTANCE/REIMBURSEMENT OF COSTS TO INSTALL A PORTION OF SALK AVENUE Dear Mr. Ladwig: The Mayor has asked that our office respond to your letter of May 1, 2006 regarding Fox/Miller's obligation to improve a portion of Salk Avenue for secondary access to the project. First, let me explain that your statement that "the Planning Commission was not going to go against the City Attorney's new condition (errata sheet)" is incorrect. The errata sheet was prepared by staff prior to the meeting and I was asked to review that condition and comment on its legality. As I explained in the meeting, the legal issue was whether there was sufficient nexus to require the Fox/Miller project, as a condition of approval of its amended tentative map, to construct of improvements on Salk Avenue at its expense. My response, which is reflected in the minutes of the meeting, was that there was a sufficient legal nexus for the requirement, since Fox/Miller was required by City regulations to have a second access to its project for fire safety. The City Attorney's office did not draft the condition, nor was it responsible for what you term as "a late hit" at the hearing. In any event, you could have declined to accept this condition on behalf of your client, and the Planning Commission was entitled to rely on your representation of agreement to that condition at the public hearing. As you know, had your client refused to accept the condition and the approval been denied, Fox/Miller could have exercised the right to appeal to the City Council in accordance with Municipal Code § 21.54.150, but you have now forgone that option as well, since more than ten days have lapsed since the Planning Commission's final decision. Therefore, although your client's disappointment in not being able to share the costs of the improvements to Salk Avenue with Taylor Made Corporation is understandable, our office does not believe that your client's rights have been violated in any way. Very truly yours, MNE MOBALDI Assistant City Attorney rmh Mayor and City Council City Manager Public Works Director Community Development Director Planning Director %/ 01/23/2006 13:26 FAX 7604380173 ai/23/2006 1X:03 6194000111 DEXTER WILSON H S FENTON CO 121002/002 PAGE 02/02 401 B Street Suite 800 Ssn Diego. CA 92)01-4231 (61i) 699-I9O0 FdK (€19) 699-1905 wwwjandag.org NovembBr 16, 2004 Mr, Allen Jonas H.G. Fenton Company 7588 Metropolitan Drive San Diego, CA 921 OS ' urns OT • Caiisbad CaromtSo DtlMtr Et Ca/an (nfinirai Escondido la Msss LvnenGimt Nlllontl QV Occtimicfe San DiBge fan M3K0S S»/ltee 5d>ni EHch and CounryafSanlXsgo /IDVTSOflrMfMSMS Oll^im\ia Dtpamant Of Tt^iVtpomtion MampoH&n Tremli sysam North Stn Okgo Count)/ Tfan^ Development Boild UnladSma (3q3artnient ofOefgnse Sin Diego Lining Pan Dtsirkt San Dingo Oumfy Water Authorit/ Sa/3 caATomlaAVfexfro Dear Mr, Jones: , This correspondence acknowledges receipt uf H.«3. Fenton check number 022051 dated November 05, 2004 in the amount of $29,700. This payment is for the purchase of 0,22 acre credits at the Pilgrim Creek Mitigation Bank (Bank) to satisfy off srte mitigation requirements for the Fox-Miller property in the Cfty of Carisbad. The saie of these credits is governed by the approved Banking instrument for the Bank. 1 am, by copy of this cort-espondence, notifying the Army Corp of Engineers and the Californti Department of Pish and Game of this transaction as required under the Accounting Procedure ofthe Banking Instrument. Aiso attached is a copy of the Acreage Summary vi/orksheeft as further evidence of your purchase at the Bank. Thank you for your participation in the Pilgrirn Creek Mitigation Bank. Sincerely, DEAN HIATT Senior Engineer DH/ld cc; Michelle McCartt, Caltrans i^obert Smith, U.S. Army corps of Engineers SusanDe Saddi, U.S. Army Corps of Engineers Terri Stewart, California Department of Hsh and Game Tamara Spear, California Department of Fish and Game Wendy Loeffler, Recon RECEIVED LADWIG DESIGN GR A City of Carlsbad Planning Department December 8, 2005 H.G. Fenton Allen Jones 7577 Mission Valley Road, Suite 200 San Diego CA 92108 RE: HMP 05-05 - FOX/MILLER Dear Allen: Please find enclosed the HMP take permit for the Fox/Miller project. Also enclosed is the receipt for the habitat in-lieu payment received by the City of Carlsbad. If you have any questions regarding the above, please give me a call at 760-602-4613. Sincerely, VAN LYNCH Senior Planner VLibd c: file enclosures 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us H.G. FENTON COMPANY] (619) 400-0120 (619)400-0111 FAX December 5, 2005 Mr. Van Lynch Vc^ Senior Planner v City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Fox-Miller Property: In-Lieu Fees for Non-Native Grasslands Dear Van: Enclosed is a check in the amount of $14,650.79 for in-lieu fees required for impacts to non- native grasslands. This fee is required as a condition ofthe grading permit. Please call me at 619-400-0134 if you have any questions. Sincerely, (ones Vice Pfc^sident 7577 Mission Valley Road, Suite 200 San Diego, CA 92108 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad CA 92008 ENDANGERED SPECIES ACT INCIDENTAL TAKE PERMIT 1. Permit Number HMP 05-05 2. Name of Permittee Fenton Carlsbad Research Center, LLC 3. Name of Project Fox/Miller property 4. Contact Name and Phone Number Allen Jones - 619-400-0134 5. Location Where Authorized Activity May Be Conducted The Fox/Miller property on property generally located west of El Camino Real, north of Faraday Avenue and south of College Boulevard. Also identified as Assessor's Parcel Numbers: 212- 020-23-00. 6. Other Related Entitlements CT 00-20X2A, SUP 00-10X2A, HDP 00- 11X2A 7. Conditions of Permit The project is subject to the conditions of approval for the HMP 05-05 Resolution No. 5939. c. Original to file; 1 copy each to applicant, and data entry. 8. Signature of Planning Director Date: /Z- S'-O^T U.S. Fisil and Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 (760) 431-9440 FAX (760) 431-5902-H 9618 California Department of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858)467-4201 FAX (858) 467-4299 In Reply Refer To: FWS/CDFG-SDG-4597.1 Mr. Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califomia 92008 DEC 0 2 2005 Subject: City of Carlsbad Habitat Management Plan Coverage for Thread-leaved Brodiaea (Brodiaea filifolia) Dear Mr. Lynch: The Califomia Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service) (collectively, "Wildlife Agencies") have reviewed the City of Carlsbad's (City's) November 23, 2005, request for coverage of thread-leaved brodiaea (Brodiaea filifolia) under the City's Habitat Management Plan (HMP). In order for the City to obtain coverage for thread- leaved brodiaea through the HMP, the Natural Community Conservation Planning Program (NCCP) permit and Biological Opinion for the HMP stated that certain standards must be met. Specifically, the City must demonstrate, to the satisfaction of the Wildlife Agencies, that this project meets the narrow endemic standards for this critical location and major population of this species. If the Wildlife Agencies concur with a project proposal, and the preserve area is managed and monitored to MHCP standards in perpetuity, the Permittee would receive coverage for thread-leaved brodiaea and the Fox-Miller project could be permitted under the HMP, through the amendment process described in section 20 of the IA. According to your request for coverage, the conditions mentioned above have been met for the following reasons: • The project has been designed to impact 4.9% of the known population, which is within the 5.0% limit allowed by the narrow endemic standard. • The Wildlife Agencies have worked closely with the City and project applicant to achieve a project design that has met our approval. • The Fox-Miller Preserve will be managed and monitored to MHCP standards in perpetuity, as ensured by an endowment provided by the applicant, and a long-term management plan that was reviewed and approved by the Wildlife Agencies. TAKE PRIDE*< iN^MERICA Mr. Van Lynch (FWS/CD^SDG-4597.1) As a result, we concur v/ith the City's letter requesting coverage for thread-leaved brodiaea. We appreciate the cooperative efforts by the City and project applicant to achieve these conditions. If you have any questions conceming the contents of this letter, please contact Ben Frater (Service) at 760-431-9440 or Nan^y Ftost (Department) at (858) 637-5511. Sincerely, Therese O'Rowke Assistant Field Supervisor U.S. Fish and WildUfe Service Michael J. MulUgan Deputy Regional Manager Califomia Department of Fish and Game cc: Mike Grim, Cit^^ of Carlsbad "^1 Van Lynch - Fw: Fox-Miller Property Page 1 From: <Benjamin_Frater(gfws.gov> To: <stacey.m.jensen@usace.army.mil> Date: 12/02/2005 4:33:06 PM Subject: Fw: Fox-Miller Property Stacey, The Fox Miller project in Carlsbad has met all of the criteria necessary to be in compliance with the Carlsbad Habitat Management Plan (see emails below). As a result, any impacts to federally listed species will be authorized by the City through the Carlsbad HMP, and no further consultation between our agencies is necessary. Let me know if you have any questions. Ben Benjamin Frater Fish and Wildlife Biologist U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, Caiifornia 92011 (760) 431-9440 x310 — Forwarded by Benjamin Frater/CFWO/R1/FWS/DOI on 12/02/2005 03:58 PM Benjamin Frater/CFWO/RI/FW S/DOl To "Allen Jones" <ajones(ghgfenton.com> 12/02/2005 03:53 cc PM david_zoutendyk(gfws.gov, DMayer@dfg.ca.gov, helixcc(gsbcglobal.net, mccollum@mccollum.com, NFrost@dfg.ca.gov, sbrusseau@newportnational.biz, vlync@ci.carlsbad.ca.us, "Wendy Loeffler" <wloeffler@recon-us.com>, LeeAnn Carranza/CFWO/R1/FWS/DOI@FWS Subject Re: Fox-Miller Property(Document link: Benjamin Frater) As a result of H.G. Fenton's commitments outiined in Allen's email below, the Wildlife Agencies have concurred with the City's request for coverage of Brodiaea filifolia. We have faxed our letter to Van and Allen, and will follow up with hard copies in the mail. We look forward to reviewing the final documents, but in the meanwhile would like to thank everyone for Van Lynch - Fw: Fox-Miller Property Page 2 their work towards achieving this goal. Ben Benjamin Frater Fish and Wildlife Biologist U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, California 92011 (760) 431-9440x310 "Alien Jones" <ajones@hgfenton. com> To <david_zoutendyk@fws.gov>, 12/02/2005 03:23 <NFrost@dfg.ca.gov>, PM <Benjamin_Frater@fws.gov>, <DMayer@dfg.ca.gov> cc <mccollum@mccollum.com>, "Wendy Loeffler" <wloeffler@recon-us.com>, <helixcc@sbcglobal.net>, <sbrusseau@newportnational.biz>, <vlync@ci.carlsbad.ca.us> Subject Fox-Miller Property In order to resolve the final issues regarding the Long Term Management Plan and PAR, Fenton agrees to the following: Ellen: The last bullet on page 6 of the PAR assumes the POA will maintain all permanent fencing. Please add into the PAR a task and associated cost to have Helix maintain the fencing. Van: Please add a condition to the Grading Permit stating that the property owner is obligated to implement the Final Long Term Management Plan for Fox-Miller Property Open Space. Wendy: please add into an appropriate section ofthe LTMP: "In the event of any slope failures the property owner is responsible for restoration both of the slope and of the habitat existing on the slope prior to the failure". Please send a pdf file ofthe revised LTMP to DZ, NF, BF, and DM. Thank you, Van Lynch - Fw: Fox-Miller Property _ Page 3 Allen M. Jones Vice President H.G. Fenton Company 7577 Mission Valley Road # 200 San Diego, CA 92108 (619) 400-0134 (619)400-0111 (fax) CO: "Allen Jones" <ajones@hgfenton.com>, <mccollum@mccollum.com>, "Wendy Loeffler" <wloeffler@recon-us.com>, <NFrost@dfg.ca.gov>, <vlync@ci.carlsbad.ca.us> 11/29/2005 18:33 6194000111 SOJ-29-S005 01:13= FROM: ^ Helix Community Conservancy H G FENTON CO TC^I^lll PAQE 02/13 P.l FAX TRANSMITTAL date: November 29,200S tt>! Allen Jones Wendy Loeffler to no: 619-400-0111 619-308-9334 from: Ellen Darnell SUllject Fox-ivailer Revised PAR no.(rf pagos: oiganizallon: RAR/ksroperiyno.: H.G. Fenton RECON 0072005 Please see the attached revised PAR for the Fox-MUler Open Space Easement, baaed upon the November LTMP by RECON. The changes include the following: • Revised rcferenoes to the LTMP and HRMP " Change to annual surveys for CAGN, LBV, thread-leaved brodiaea. Cooper's Hawk • Removal of legal review (of Conservation Easemeat/Management Agreement) from Initial and Capital Tasks. See revised "Additional Assumption"; HCC wiU conduct this review under a separate stand-alone contract since this review is required prior to our receipt of the Initial and Capital Costs. • Added "Additional Assumption" that the POA will maintain ail permanent fencing. Sections 1-7 ofthe PAR do not change; let me know if you need those sections. Please let me know if you have any questions. Thanks, Ellen 8130 U Mesa Blvd., #703, U Mesa, CA 91941 -6437 B-mail: heUxcc(S)sktrlobal.m phone: (619) 523-2003 fax (6l 9) 462-0552 11/29/2005 16:33 6194000111 H Q FENTON CO PAGE 03/13 NaU-29-e005 Billy FROH: ^ T^^Seill P.E PROPERTY ANALYSIS RECORD FOX MILLER OPEN SPACE EASEMENT, CARLSBAD Revised November 29,2005 A Property Anatysis Record (PAR) has Ijeen prepared for the Fox MJUer Open Space Basement (OSE), in accordance with the provisions in the May 2, 200S Cost Proposal Agreement with the Helix Community Conservancy (HCC). The purpose of the PAR is to identify the tasks and costs associated with die long-torm management and maintenance of the IS.ll-acre OSE located within the City of Carlsbad. The FAR includes Initial SL Capita] Tasks and Costs, as well as Long-Term Annual Tasks and Costs associated widi managing the OSE and the sensitive resources within the OSE, Inclwding Adolpia, Valley Needlegrass, Thread-leaved Brodiaea, southern willow scrub wetlands and Diegan coastal sage scrub. The Center for Natural Lands Management Property Analysis Record (PAR) software was used in preparing this cost estimate, with the cost sheets attached (Attachment I). HCC stafT conducted a site visit of the proposed conservation easement proper^ on May 10, 200S, accompanied by die proposed Preserve Manager (PM), John Lovio. Mr. Lovio meets the HMP requirement for PM, as shown in his attached resume. The sources utilized in preparing this LTMP Cost Estimate include the foliowing: • Revised Habitat Restoration and Mitigation Pian (hereinafter refierred to as HRMP) for Diegan Coastal Sage Scrub, Valley Meedlegrass, with Thread-Leaved Brodiaea, and Soudtem Willow Scrub Wetland for the Fox Property Corlsbad, Califbmia. RECON, October It, 2005. • Revised Long-term Management Plan (heretnufter referred to as LTMP) far Fox-Miller Property Open Space, Carlsbad, Califbmia, RBCON, November 2005, • Revised - Summary of Revisions to Blotogica) Resources Impacts and Proposed Mitigation for Fox- Miller Property. Letter by RECON, April 19,200S. • Two aerial maps widi proposed open space, revegetation areas, and limits of development, prepared by Ladwig Design Oroup, March 2005 • Mitigated Negative Declaration and Mitigation Monitoring Program for the Fox/Milier Property, Januaiy 23,2002, and Planning Commission Resolution No. 5237 adopting the project on September 4,2002. • Tentative Map for Fox-Miller Property, prepared by Buccola Engineering and Ladwig Design Group, December 29,2003. • Volume in MHCP Biological Monitoring and Management Plan, March 2003 • Ciiy of Carlsbad Open Space Management Plan, May 2004. • City of Carlsbad Habitat Management Plan, December 1999 The LTMP 8c Cost Estimate has been organized into the following categories: • Initial & Capital Tasks and Costs • Annual Taslcs and Costs • Financial Summaiy • Additional Assumptions 11/29/2005 18:33 6194000111 H G FENTON CO PAGE 04/13 NOU-29-20e5 01!13P FROM: ^ -i^^aaiil P.3 INITIAL A CAPtTAL TASKS AND COSTS S33,278.00 The task and cost breal(d«mi is provided in AttRchment 1, Section 8. Assumptions for Initial A Capital Tasks and Costs 1. Property Inspection. Prior to accepting responsibility for long-tarm managemeat, HCC will conduct a pn>p«ty in.«peetion to review the condition of the property and compare it to the conditions stipulated in the HRMP. The focus ofthe inspection will be on the condition ofthe uplands, wetlands area and sensitive plant species, the results ofthe restoration and replandng efibrts (including the brodiaea soil transfer areas) associated with the HRMP, and the condition of die site in general wi^ regard tn oxodc species, weeds and trash. The HCC Executive Director of Land Stewardship and the PM shall inspect the property, 2. Baseline Documentation. HCC will conduct baseline surveys of habitat and sensitive species and will documem the status of exotic species (plants and animals) observed dunng surveys. Baseline mapping will be completed in GTS, utilizing a digitized topographic base map, digitized vegetation and Knsitive species maps, and aerial photographs provided by H.G. Fenton/Ladwig Design Group/RECON. Baseline surveys will utilize all data and maps supplied at the ond of the S-year mitigation and monitoring effort and baselines surveys will field verify the status of the most current mapping and confinn success criteria have been met in accordance with the HRMP. The baseline documentation will also include focused surveys for Coasul Califomia gnatcatcher and Least BelPs vireo (three-visit protocol surveys) and a presence/absence survey for the Cooper's hawk and northem harrier. Focused surveys of the brodiaea and wetlands will not be performed and baseline data will rely on the results ofthe S-year HRMP, 3. HCC will install a total of eight (8) pemianent preserve signs around the OSE: signs will state "No Trespassing", the purpose of the preserve and will include emergency numbers and PM contact information. 4. The PM will co<M-dinate and consult with the Restoration Biologists responsible for DCSS, wetlands, grasslands and sensitive plant (thread-leaved brodiaea) restoradon efforts during die transition between restoration and long-term management and maintenance. Consultation will take place in the form of an annual site visit the first four years and a final site visit at the end ofthe five-year HRMP. 3. The first year costs for preserve management, including monthly site vishs, trash pick-up, weeding, oommunity outreach and reporting (as delineated further below under Annual Tasks and Costs), arc included in the Initial and Capital Tasks and Costs. 6. Project files and long term management of the OSE will be tracked using the HCC file management system, Brier's LandSteward. 7, Asiiumes a contingency of 10%, administrative cost of 20%, and emergency and legal defense fond of 2%, 11/29/2005 18:33 6194000111 H G FENTON CO PAGE 05/13 NDU-S9-aa05 01:13P FROM! ^ lf|la0eill P.4 ANNTJAL TASKS AND COSTS $32345.00 Tho task and cost breakdkrmi b provided In Attachment 1, Sectton 9. The annual costs will vary from year to year depending upon the timing of periodic surveys, as noted below. The annual report (item 16) will identifV following year surveys/tasks and will include recommendations for habitat restoration or management modifications as a result ofthe condition ofthe OSE (e.g., human encroachment impacts, invasive and exotic species control). Assumptions for Annual Tasks a|;^^ Costs 8. Community Outreach. The PM wilt educate the adjacent industrial park occupants by providing an annual newsletter that describes the sensitive resources, the need for community support to preserve die resources, and to explain how to avoid indirect impacts to the nuourccs from exotic plant and pest species associated with adjacent landscaped areas. Tht newsletter will be provided to tlie POA once a year, as well as to other atyacent businesses, such as Taylor Made Golf. The PM will repon persistent and chronic problems related to human or exotics species encroachment to the City of Carlsbad. 9. General Coordination. The PM will coordinate with the City of Carlsbad planning department, Preserve Steward, police and/or fire officials as needed regarding encroachment issues, transients or illegal activities within the OSE. Coordination and consultation widi these officials is expected to be accomplished primarily by phone calls, email and fan, and occasional field meetings. 10. Baseline documentation. The PM will update the baseline vegetation mapping (item 2) every fk^ years. Mapping will continue to be accomplished in digital format (GIS) and habitat types will be documented in tables. Mapping will include locations of sensitive plant and animal spacies observed within tho OSE during monthly site visits (logs, item 12) and noted In die focused surveys (item 11). Observed species within each habitat type will be documented by producing a list of ail species observed directly or indirectly. 11. Sensitive species surveys. Coastal Califomia gnatcatcher surveys will be Updated annually; USFWS protocol Surveys will be implemented and will be conducted between January and March. Least BelFs vireo surveys shall be updated annually, consisting of three visits, once per week, between April and June. Cooper's hawlc shall be surveyed annually in the Spring during one of die monthly site visits between end of Januaiy and July. The survey shall include locating active nests, individuala or pairs of this Species and overall habitat quality in accordance with MHCP Volume Ul, Beginning in 2010 and for every year thereafter, HCC will monitor the thread-leaved brodiaea (approximately 2.16 acres) araa within die OSE Ity conducting five SO meter long transects to assess coverage by non-native species, the disb-ibudon of brodiaea, the distribution of native plant species and the overall composition and structure of the plant community. Along each transect, a one-meter square quadrat wiii be placed at five meter intervals; a lotal of 10 quadrats per transect or SO quadrats within the preserve area. Percent eover for each specleti encountered within each quadrat will be recorded. Assumes: 16 hours (two 8 hour ditys) for site visit, setup, transect data collection, and takedown; 10 hours of data entry and analysis which assumes this data is added to the yearly reports already generated in the first 5-year HRMP effort. Transect results will be included in the annual report (item # 16 below) and will not be a stand alone report. Sampling will be conducted firom March to June during the peak blooming period of the thread-leaved brodiaea onsite. If possible, the OSM will collect data along die same transects established as part of the HRMP. 12. Monthly inspections and assessments. The PM will conduct monthly site assessments to observe natural conditions and identify potential conflicts to the OSE preserve goals. Monthly visits will focus on illegal/unaudiorized activities, dumping, miF-use of, or creation of new/illegal trails, 11/29/2005 18:33 6194000111 H G FENTON CO PAGE 0S/13 NOU-S9-S005 ei!l4P FROM: ^ ^1000111 P.S significant increase in invasive species and genera} habitat conditions. Aerial photographs will be purchased annually to aid in the on-going patrolling/monitoring efforts and for purposes of documenting changes or problem areas. Trash pick-up and removal will also occur during these monthly visits. The FM will inspect OSE signs and replace as necessary. It ts assumed that signs will need to be replaced eveiy five years. Illegal squatting, hunting, poaching/collecting within tho OSE will be repotted to die City Police Department. The PM will maintain a log of all incidences of illegal activities within die pre.serve and discontinued activities wilt be reported to the City Police Department, die City's Preserve Steward, CDFG and USFWS. The PM wilt determine die need for temporaty fencing during die monthly visits. Fencing needs will be discussed with the City's Preserve Steward prior to installation. Monthly visits will be documented by keeping a monitoring log of site condidons. The monthly repoits shall be appended to tbe annual report (item #16, below). 13. Annual site vish and survey. One of the monthly site visits wilt consist of an annual site inspection and survcty, focusing primarily on die tliread-leaved brodiaea, the condition of die Diegan coastal sage scrub, native and non-native grasslands and wedands area. (Refiu* to item #16, below) Remedial measures may include seeding with a native grassland seed mix to prevent the invasion of non-native species. This is expected if large (> 100 sq. ft.) patches of bars soil are noticed in the relocated brodiaea area, (An extra day of work is estimated for remedial efforts.) 14. The PM will document all field visits. Field visit logs/reports shall be appended to the annual report. 15. Exotic plant removal and weeding. HCC will be responsible for removing exotic species from the OS]B, focusing on diose species identified in Table 9 of die HRMP. It is assumed that me upland, wetland and brodiaea restoration areas will be relatively free from exotic plant species at the time HCC takes responsibility for the long term management of these habitat areas. Weed cover within die brodiaea preserve area is expected to be no more than 5 percent at the end ofthe S-year HRMP effort and when HCC takes responsibility of the long term management A 5-percent or less weed cover wilt be die target for die brodiaea preserve over die long term aa well. Exotics removal procedures will comply witii the requirements of die City's HMP and will consist primarily of hand or mechanical removal. Herbicides will be used only if necessary and will be discussed with the City's Preserve Stewaid and agencies priorto initiating this approach. The applk:adon of herbicides shall meet die requirements of Section 4.5 of die LTMP (RECON, October 2005). Areas where exotica removal will be focused, will be idemified as part of the baseline (first year) vegetation mapping which will document where the removal efforts should be priofitiMd. The PM will supervise the exotics removalAveeding efforts and will be responsible for updating the removal and maintenance plan annually, which will be documented in the annual report. Weeds will be removed before seeds sot. Weeding will be performed annually, during one of the monthly site visits. (Two additional field technicians will assist in diis effort.) The timing of weeding will occur after the previous year's seeds have germinated but before the current year's weed population sets seeds. 16. The PM will prepare an annual report, for .submittal to die City and resource agencies. The annual report shall include field notes, mapping, photo documentation and recommendations for future maintenance and possible remedial measures (adaptive management) if deemed necessary to ensure die perpetual conservation ofthe thread-leaved brodiaea and other sensidve biological resources on site. The annual report will compile the Information from die mondily site assessments, field logs and survey results and will make recommendations for subsequent annual efforts. The annual report shall also document the overall yearly weather conditions and amount of rainfall. The annual report shall be filed with USFWS, CDFG nnd the City at the end of each aalendar year, 17. Site conditions and file management shall be updated annually using the Frier's LandSteward program. 11/29/2005 18:33 5194000111 H G FENTON CO PAGE 07/13 mj-ss-ms 0i!i5P FROMs ^ ^iassni P.G 18. Includes an annual condngency of 10^, annual administrative cost of 20%, and annual emergency and legal defenw fond of 2%. FINANCLiL SUMMARY (Refer also to Attachment 1, Seetioii 10) Initial Financial Requirements $ 33,278.00 Annual Ongoing Financial Requirements - $32,845.00 Endowment to Provide Income of $32,845.00* S 729,889,00 Emergency and Legal Deiiense Fund (2%) $ 14,597.00 Total Contribution $777,764.00 * Assumes a 4.5V* copitalbation raie. ENDOWMENT REDUCTION ASSUMING HCC RECEIVES FUNDS UF FRONT The PAR assumes HCC does not take over the long-term habitat management obligations undt the end of die five-year Habitat Restoration and Mitigation efforts, when the restoration work meets performance standards and has been aoceptsd/approvcd by the USFWS, CDFG, USACOE, RWQCB and City of Carisbad. Should HCC receive the endowment ftinds prior to the five-year lestontion woric, the endowment shall be invested in risk-free U^asury bonds for five year», which are currently yielding approidmately 4.4V«. The endowment would be reduced to approximately $603,168, as noted below, which would grow to $744,486 in five yeats when HCC would take over the long-term habitat management obligations. This estimated reiduction assumes the endowment is invested for a minimum of five years, and assumes an overall yield of 4.3% which accounts for die bond commission/mark-up. The final endowment flguie shall be determined at the time the Management Agreement between H.G- Fenton and HCC is executed, based on tho current treasury bond rate, and shall be approved by the HCC Board of Directors, Initial Financial Requirements S 33,278.00 Annual Ongoing Financial Requirements - $32,845,00 Endov^ent to Provide Income of $32,845.00* $ 729,889.00 Emergency and Legal Defense Fund (2%) $ 14.597.00 S 744,486.00 Endowment Assuming 5-Ycar Investment to result in $744,486.00 S 603,168.00' Total Contribution $636,446.00 I. Assumes mvestment in a five-year risk-free treasury bond yielding opproxlmataly 4.4% and an overall yield of 4.3% accounting for the bond commitsion/mark-up. ADDITIONAL ASSUMPTIONS • Assumes the OSE (Lot 5) will be dedicated to the City of Carlsbad and HCC will be an easemem grantee to manage the habitat in perpetuity. • Assumes Scenario 1 (5-year maintenance and monitoring up ftont by others) and Tabic 2 mitigation in the April 19,2005 RECON letter. HCC efforts shall begin in 2010, after the S-year maintenance and monitoring efforts are completed and approved Ity the wildlifit agencies. • HCC will not be responsible for tlie integrity of manul&cttired slopes (e g., slope fkllures) associulcd with the fiiture extension of Salk Avenue, nor the integrity of the retaining wall/slope stiblliaation improvements along Bl Camino Real. 11/29/2005 18:33 6194000111 H G FENTON CO PAGE 08/13 Nou-ag-aees 0i:i5P FROM: ^ #,000111 p.y The City of Carlsbad shall coordinate with the HCC on fatwe improvements associated with the Salk Avenue extension, including short- and long-term indirect impacts to die OSE. Measures shall be implemented by the City to prevent unauthorized construction activities occurring within the OSE. This estimate is good for a period of six months. Estimate does not include die costs associated whh HCC and HCC Genei«l Counsel review of legal documents, including but not limited to: Conservation Easements, Title Reports, Management Agreements, Real Property Transfer Agreements, Access Agreements, or Deeds. Review and comment on applicable documents will be performed under a separate contract prior to HCC taking responsibility for long term habitat management. Assumes die POA will maintain all permanent fisncing. 11/29/2005 18:33 6194000111 NOU-a9-S085 01:1SP FROM: ^ H G FENTON CO Section 8 - Initial & Capital Tasks and Costs Property Title: Fox Miller Dataset: CA004 Budget PAR ^Kaseiii PAR ID: 0072006 PAGE 09/13 p.a 11/29/2005 TmKlist Bpeeifieston Unit Number of Units Coat/ Unit Annuel Cost Times Yrnrs Total cost ACQUISITION inspection Property Inspection L Hours €00 00.00 540.00 1.0 540.00 Irwpectlon Proporty IM paction L Hotire 6.00 4S0.00 10 450,00 Sub-Totat 990.00 SITE CONSTRUCTION/MAINT Pnlfldi PlannhiB Caard WKh Roster. Cent t. Hour* 17.00 75.00 1,Z7S.OO 1.0 1,275,00 Other Tamporaiy fOnelng Item 1.00 so.oo 9000 1.0 50.00 Sub-Total 1,326.00 BIOTIC SURVEYS WMIife Bloloalsl Baseilns auivsys L Hours 04.00 7S.0O 4,B00.00 1,0 4,B00,00 WIMUtoBlologlH Anmitil sit* ttnay L Hour* a.oo 75.00 eoo.oo 1,0 eoo.oo VMMHte BlOIOflltl Annual Kirvoy L Heuis B.OO 30.00 240,00 1.0 240.00 Other OlS »uppofl/wn«. ipoc. L Houn 24.00 4S.0O 1,1E2.00 1.0 1,152.00 Sut)-T0tal 6,792.00 HABITAT MAINTENANCE Exotle PitiH ContrM Hand Roinoval, labor L Hourt 16.00 30.00 460.00 1.0 4dO.00 ExBtie Plant Control HeitMolde liam 1,00 100.00 100.00 1.0 100.00 Sub-Total sao.oo PUBUC SERVICES PatroWng Patrel (monthly) L, Hours 72.00 75.00 S.400.00 1.0 5,400.00 Patrolling Ptttret L. Hourt AS.OO ao.Qo 1,440.00 1,0 1,440.00 Sign AecasB Item S.QO 2B.0O 200.00 1.0 200.00 Sign InotttI L, Houm 8.00 7S,00 450.00 1.0 450.00 Sign Install Itam «.00 30.00 180 00 1.0 180.D0 Community Outroach coord wftti POA/newsialier L, Hours 4.00 75.00 300.00 1.0 SOO.OO Other Qttiani Ceerd/CKy/ofRelaO L. Hour* «.oo 75.00 4S0.00 1,0 450.00 fiub-Total 5,420.00 GENERAL MAINTENANCE Other Dumji foes Itam 1.00 30.00 30.0D 1.0 30.00 SulvTotai 3000 Propany Anaiyii* Ranid 2,0 (C) IMd, 2000,2001 Centar for NatMt«i uinds 425i,Alvar«iloSl.. Sulta H, Palibrook. CA Rsoaa-aMO Sects Paae 1 11/29/2005 18:33 6194000111 NOU-S9-2005 01J15P FROM; H G FENTON CO ^1^1 100111 PAGE 10/13 P.g Task list Number Cost/ Annual Times Total Task list Specificaton Unit ofUnHs Unit Cost Ynrs Coat REPORTING Photo MatariBli Flkn/Prooats lum 1,00 50.00 50.00 1.0 50,00 Ahnu«i R«pO(t» Summaiy L Hours 20.00 7S.00 1,500.00 1.0 1,500.00 Annual Report* GIS tupport, mipo L. Houn 5.00 45.00 384.00 1.0 3B4.00 Monitoring ReoertB Monthly RoDCrtA-Ogt L Houn 24.00 75.00 1,800.00 1.0 1,800,00 $ub-Total 3.734.00 OFFICE MAINTENANCE Olhsr Supplies Hem 1,00 30 00 30.00 1,0 30,00 Sub-Total 30.00 OPERATIONS Audit CPA AudK Parska 1.00 300.QO SOO.OO 1.0 300.00 ErtdovimMnt ProeoM Mdowmom L Hours S.00 90.00 720.00 10 720.00 innuranoe Liabinty^Pee Acres 20.00 0,60 10.00 1,0 10.00 Budgeting Budget & feoaneUe LHOun S.QO 90,00 720.00 1.0 720.00 ProioetAceountitig Setup and malrMfn L. Houm 6.00 60,00 360.00 1.0 360.00 Trave) Mllaaga MilM 1,200.00 0,10 4B0.00 1,0 450,00 Othor Ertafs undsteward LHOura BOO SO.OO 720.00 1,0 720.00 8ub-To(»l 3.310.00 CONTINGENCY & ADMINISTRATION Conlingarvcy Administration Sul>-Tatii Total 2,521.10 5,546.42 8,067.52 33.275.82 Property Analyvia Raoord 2.0 (C) l»Be, 2000.2001 Canter for Natural Undo 428 K. Alvinde St., SuM H, Fiillbrook. CA 92028-2960 8ect.fi Page 2 11/29/2005 18:33 6194000111 NOU-a9-2005 eiUGP FROM: H G FENTON CO 1000111 Section 9 - Ongoing Tasks and Costs Property TWe: Fox Miller Dataset: CA004 PAR ID: 0072005 Budget PAR PAGE 11/13 P. 10 11/29/2005 Tesk list Specifleaton Unit Number of Units Coet/ Unit Annual Coat DIvidfl Years Total Cast SITE CONSTRUCTION/MAINT Other Tanveraty fendng Item 1.00 60.00 S0.0O 1. 50,00 SutyTotBl 50,00 BIOTIC SURVEYS WhtlHe Blologlot Sane Spec Siwvay Reports L Hours 24,00 79,00 1,800.00 1 1.800,00 wiidiiia Biologist aansKKM Specias suraaya L. Hours 74.00 7S,00 5,560,00 1 6,580,00 Wlldliro Biologist SansHiva Speeies surveys L, Hours 1E00 30.00 4eo,oo 1 480.00 Wildlife Btatogiftt Annual SRB survey L. Hours 8.0O 75.00 600,00 1 600.00 WldllbWoleslst Annual «Ra sunny L Hours 8,00 30,00 240.00 1 240.00 Othar OlS support/sans. spec. L, Hours 24.00 48.00 1,152,00 1 1,1S2,00 Sub-Total 9,822,00 HABITAT MAINTENANCE Exotic Plant Control Hand Removal, Lalwr L. Hours 18,00 30.00 480.00 1 460.00 Exotic Plant Control Herblelda Horn 1,00 100.00 100.00 1 100.00 Sub-Totat 560.00 PUBLIC SERVICES Putrellino Patrol (montWy) L. Hours 72.00 75.00 5.400.00 1 5.400,00 Patrolling Panel L Hours 48.00 30.00 1,440.00 1 1,440,00 Sign Ae«a«a Itam 6.0O 25,00 200.00 5 40.00 Sign Install Item 6.00 30,00 180.00 S 36.00 Community Qutraacn Coord whh POA/newalettBr L Heuffl 4.00 78.00 300.00 1 300.00 Other Qenaral Cooidmiy/offleiSis L Hours 6.00 76,00 450.00 1 4S0.OO Sub-Total 7.666.00 GENERAL MAINTENANCE Other Dump faas Item 1.00 30.00 30.00 1 30.00 Sub-Total 30.00 REPORTING Photo Maiarisls PHm/Prooe» Item 1,00 SOOO 90.00 1 30,00 Annual Reports sunwnaiy L. Hours 20,00 75.00 1,500,00 1 1,500.00 Annual Rapoda 016 support, maps L. Hours 6.00 48.00 384.00 1 364.00 Monltoilng Rapoitt Monthly Rapoitlogs L Hours 24.00 7B.0O 1,800.00 1 1.800.00 Sub-Total 3,734.00 Proparty Analysis Raoord 2,0 (C) idog, 2000,2001 Canter fbr Natuml Lands 426E.AIvarodaSt„ Suite H. Fallbrook. CA 92026-2960 Sect.S Page 1 11/29/2005 10:33 6194000111 NOU-29-a005 01:lap FROMs H G FENTON CO 11000111 Suty-TotBl CONTINGENCY & ADMINISTRATION Contingancy Admrnistnitlon Sub-Total Total PAGE 12/13 P.11 Number Cost/ Annual Divide Total Task list Specificston Unit of Units Unit Coat YMTB Cost OFFICE MAINTENANCE Othar Suppllas (Ism 1.0Q 193.00 135.00 t 1S6.D0 Sub-Total 135.00 OPERATIONS Audit CPAAUdH Per site 1.00 300,00 300.00 1 300.00 inauranc* LlabHty/Feo AeroB 20.00 0.80 1000 1 10,00 Budgeting Budget A recondla L. Houra 8,00 90.00 720.00 1 720.00 Profsct Aoeounling Sahip and maintain L. Hours 6,00 80.00 960.00 1 360.00 Traval MKaage Miles LMOOO 0.40 736.00 1 73S.00 Other Erler^ Landataward L. Hours 8,00 90.00 720,00 1 720.00 2,846.00 2,486.30 5,474.26 7,962.56 32,645.56 Propetty AnslyalB Record 2,0 (C) 1999.2000,2001 Center «ar Natural Lands 429E.Ah/arade3t., SultaH. PallbrooK. CA 92026-2660 Sect.d Pages 11/29/2005 18:33 6194000111 ^NOU-a9-200S 01:16P FROMi Section 10 - Financial Summary Property Title: Fox Miller H G FENTON CO 111 Dataset: CA004 PAGE 13/13 P. 12 PAR ID; 0072006 11/Z9/20DS PAR(18ac.) INITIAL FINANCIAL REQUIREMENTS I & C Revenue I & C MAnegement Costs 1 & C Contingency Expense Total 1 & C Management Costs I & C Administrative Costa of Total I & C Manegennent Coats Total I & C Costs Net 1 & C Management and Adminletrativa Costs Rate % 10.00 20.00 Total S 0 26,211 2,521 27,732 5,546 33,278 33,278 ANNUAL ONGOING FINANCIAL REQUIREMENTS ongoing Costs Ongoing Contlngenq/ Expense 1000 Total Ongoing Management Costs Ongoing Administrative Costs of Total Ongoing Management coats 20.00 Total Ongoiivg Costs 24,883 2,488 27,371 6,474 32,845 ENDOWMENT REQUIREMENTS FOR ONGOING STEWARDSHIP Endowment to Provide Income of $ 32, W5 729.889 Endowment per Acre Is $ 40,549. Ongoing Management Costs Based on 4.80% of Endowment per Year. Ongoing Management Funding is $ 32,846 per Year ResuWr^g in SI ,825 per Acra per Year. TOTAL CONTRIBUTION 763,167 Propany Anatysis Record 2.0 (C) 1999.2000,2Q0l Cantarltor Natural Lands 4266,AlvaiadoSI,, SultaH, PaNbrook. CA92026-2060 Sect. 10 Page 1 Citv of Carlsbad Planning Department November 23, 2005 IVIr. David Mayer California Department of Fisli and Game 4949 Viewridge Avenue San Diego, CA 92123 Mr. David Zoutendyk U.S. Fisil and Wildlife Service 6010 Hidden Valley Road ^ Carlsbad, CA 92009 RE: CITY OF CARLSBAD HABITAT IVIANAGEMENT PLAN COVERAGE FOR THREAD- LEAVED BRODIAEA Dear Mr. Cliadwick and Mr. Zoutendyk: Pursuant to thie Special Terms and Conditions of the City of Carlsbad Habitat Management Plan, tiie City of Carlsbad is requesting coverage for the Thread-leaved Brodiaea (Brodiaea Filifolia). This letter is to demonstrate that the Fox/Miller Project, located on the west side of El Camino Real, between Faraday Avenue and College Boulevard, has been re-designed to meet the coverage requirements of the Multiple Habitat Conservation Plan (MHCP). The Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP) stipulate that impacts to brodiaea cannot exceed a gross cumulative loss of 5 percent of the critical narrow endemic populations within the jurisdiction. The brodiaea on the Fox-Miller site has been identified as a critical narrow endemic population as it is the largest known population in the City of Carlsbad. The total Brodiaea coverage is estimated at 94,186 square feet of vegetative cover. The project proposes to impact 4,643 square feet of Brodiaea, or 4.9 percent. The joint take permit issued by U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea only if the proposed Fox-Miller plan were revised to comply with the MHCP and HMP. In response to the latest brodiaea data collected on the project site, the applicant conducted an analysis of various reduced project alternatives in an attempt to comply with the requirement to impact no more than 5 percent of the population. Complete avoidance of impacts was considered but rejected because it would result in unacceptable economic impacts to the industrial project and would have prohibited the widening of El Camino Real. An alternative was designed that resulted in a 4.9 percent impact to the brodiaea population on-site. This re-design and the adoption of the Mitigated Negative Declaration have been approved by the Planning Commission on August 3, 2005. The Mitigated Negative Declaration was circulated to the Wildlife Agencies on July 5, 2005 (FWS-SDG-2385.3) and no comments regarding the brodiaea were identified in the comment letter dated August 3, 2005 from the Wildlife Agencies. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ CITY OF CARLSBAD HABITAT MANAGEMENT PLAN COVERAGE FOR THREAD-LEAVED BRODIAEA November 23, 2005 Paqe 2 In addition to the above actions taken to conserve Brodiaea on the project site, the City would like to point out that the Brodiaea on the Fox-Miller project will be maintained in perpetuity as set forth in the Revised Long-Term Management Plan for the Fox-Miller Property Open Space, Carlsbad, Califomia, dated November 23, 2005. This habitat management plan prepared by RECON, and approved by both of your agencies, will be implemented by the Helix Community Conservancy. While State law directs non adjudicated assets held by a non profit 501(c)(3) to revert to the State of Califomia should the non profit dissolve, to further clarify the parties' intent, a clause will be added to the contract between the project applicant and the Helix Community Conservancy that directs all moneys in the endowment account for this project to be held in an account that shall be transferred to the State Department of Fish and Game in the event the Helix Community Conservancy is dissolved for any reason. Such funds can then be maintained by the Department or assigned to another organization it deems capable of managing the account. The City of Carlsbad will require the payment of any HMP in-lieu fees, specifically the 3.71 acres of non-native grasslands, to be paid prior to grading permit issuance. If you have any questions regarding the above, please contact me at (760) 602-4613. Sincerely, VAN LYNCH Senior Planner c: Sandra Holder Don Neu Mike Grim Ben Frater (USFWS) Don Chadwick (CDFG) Allen Jones File Copy Van Lyrich - Fox Miller LTMP and Restoration Plan ^ Page 1 From: <Benjamin_Frater@fws.gov> To: "Allen Jones" <ajones(ghgfenton.com> Date: 11/22/2005 8:32:04 AM Subject: Fox Miller LTMP and Restoration Plan All, We have reviewed the Fox Miller November 1, 2005 Long-term Management Plan (LTMP; received by CDFG on November 15, 2005 and FWS on November 8, 2005), Restoration Plan (dated and received October 18, 2005), and Permanent Fencing Section and Figure from the Restoration Plan (dated and received October 27, 2005). These documents incorporate the comments in our October 6, 2005 email with the following exceptions that should be incorporated in the final LTMP and Restoration Plan: -If the Helix Community Conservancy is proposed to hold the endowment, please address the recommendations in Dave Mayer's 11-17-05 email below. -Please clarify that the applicant has paid an in lieu fee to the City for impacts to 3.71 acres of annual grassland. -The location of the fencing appears inadequate. All of Lot 1 should be surrounded by 4-foot high chain-link fencing to prevent dumping and public access to the preserve. Place permanent fencing along El Camino Real from the end of the retaining wall to the northeastern property corner. Fencing (such as split-rail) should be placed along Salk Avenue to prevent public access to the preserve. Please revise the Fencing Section of the Restoration Plan and add the revised Fencing Figure to Section 4.6.6 of the LTMP. -Section 4.5, Exotic Invasive Species Management. In the second sentence ofthe third bulleted item on page 16, replace "above the five percent cover threshold" with "(i.e., zero tolerance, except the brome grasses on the revegetation sites)." DSection 4.4.1 (Thread-leaved Brodiaea) on page 13 of the LTMP should state that thread-leaved brodiaea will be monitored (i.e., delineate population boundaries, measure density, and assess condition and degree of disturbance to habitat) annually to be consistent with MHCP Volume III. -Section 4.4.2 (Coastal California Gnatcatcher) on page 13 ofthe LTMP should state that gnatcatchers will be monitored (i.e., map general distribution, measure abundance/number of pairs, and assess condition and degree of disturbance to habitat) annually to be consistent with MHCP Volume III. -Section 4.4.3 (Least Bell's Vireo) on page 14 of the LTMP should state be titled "Least Bell's Vireo and Cooper's Hawk" and state that these Carlsbad HMP covered species will be monitored (i.e., map nest sites, census number of pairs, and assess condition and degree of disturbance to habitat) annually to be consistent with MHCP Volume III. -Section 5.3 (Sensitive Wildlife Monitoring) on page 21 of the LTMP should state that gnatcatchers, vireo, and Cooper's hawk will be monitored annually to be consistent with MHCP Volume III. Van Lynch - Fox Miller LTMP and Restoration Plan Page 2 r^^ -The LTMP should be consistent with Section D of the Carlsbad HMP Open Space Management Plan. Feel free to contact us if you have any questions. Nancy Frost California Department of Fish & Game Ben Frater U.S. Fish and Wildlife Service -Original Message- From: David Mayer [mailto:DMayer(gdfg.ca.gov] Sent: Thursday, November 17, 2005 5:37 PM To: Acuff, David; Nancy Frost; Janet_Stuckrath@fws.gov; kathleen_brubaker@fws.gov Cc: Backoff, Jerry Subject: Re: The San Diego Foundation I spoke with Nancy Frost about this so she may have relayed some thoughts already, but I had told her that I'd respond to the email so here goes: We are not necessarily advocating a single source policy. However, the SD Foundation (SDF) is radically different than TET for several reasons. Most importantly, SDF manages money for numerous other entities - they do this professionally. They are not primarily a land manager as was TET. Second, SDF recently has demonstrated a track record of being able to pay out 5% each year (non-wasting endowments, which means the account is beating inflation and they have 5% to use for management). I believe CNLM and Helix Conservancy use 4.5% in their assumptions. Third, they can set up the accounts so that the money is tied to the land. So, if a land manager goes bankrupt for any reason, the money is SAFE ! This should be important to San Marcos because they would be responsible for managing any land (in order to keep their NCCP) should the land manager fail to do so. Also, an account could be set up such that it is under either San Marcos's control or a joint San Marcos/DFG/FWS oversight committee, so if the land manager is just not doing a good job, they could be fired and we could hire someone else to do the work. This is why it is so important to have a solid Management Plan - it needs to demonstrate required actions and minimum standards or it will be very difficult to conclude that the land manager wasn't doing a good job (this was another problem with TET). HOAs are not an option. Our Legal group has weighed in on this. HOAs can change their rules, fees, etc. There is no assurance they will do what they promised to do. Also, if we get endowments set up, we avoid the haggling on a yearly basis about assessing fees and the need to not have to have work done. Obviously developers would prefer this because it reduces their upfront costs and places it on an HOA. Conversely, endowments tell us what we have to spend. If it performs poorly in a given year, we can adjust the actual work to be done in an annual work plan (a part of an annual report). We (actually the land manager) can also 'save up' for a year or more to build funds for a bigger management task. I strongly believe the endowment way is the best way for the City and NCCP to go. It Van Lyrich - Fox Miller LTMP and Restoratjon Plan ^ Page 3 r^^ provides the best assurance, reduces future haggling, and recognizes that if finances perform pooriy in a given year we can make adjustments to the work plan. Summarizing, the safety of the money is essential. If any land manager or other entity is going to hold the money, the account MUST be set up so that in the event they falter, the money goes to DFG or our designee. They could also have DFG hold the money, but we would have a lower rate of return, and thus a higher endowment is required. If they choose someone other than SDF or CNLM, there needs to be demonstrated that they have a model and track record which earns the rate of return on which they base the PAR. Last, there needs to be a good Management Plan with standards to which a land manager can be held. I hope this clarifies. Dave David Mayer California Department of Fish and Game 4949 Viewridge Avenue San Diego, California 92123 858-467-4234 858-467-4299 (fax) dmayer@dfg.ca.gov Benjamin Frater/CFW0/R1/FW S/DOl To wloeffler@recon-us.com, 10/06/2005 02:34 Vlync@ci.carlsbad.ca.us PM cc ldg@dwilsoneng.com, mccollum@mccollum.com, ajones@hgfenton.com, NFrost@dfg.ca.gov Subject Fox Miller Van and Wendy, We have reviewed the Fox-Miller Restoration Plan, Long-term Management Plan, and response to our comments on the MND and have the following recommendations: Van Lyrich - Fox Miller LTMP and Restoration Plan ^ ^ ^ Page 4 r^pi Response to comments 1 .The Wildlife Agencies recommend that the applicant identify the proposed land management entity and the financial mechanism to ensure in perpetuity management should be a non-wasting endowment. 2. We recommend that the applicant pay an in lieu fee to the City for impacts to 3.71 acres of annual grassland. 9h. We recommend that sites bordered by urban development should be visited at least on a monthly basis to check for fence breaks, illegal/unauthorized activities, or other threats to the habitat. Please revise the Long-Term Management Plan for Fox-Miller Property Open Space to incorporate this frequency of visits. Restoration Plan Revegetation. Section B.3. Plant Salvage and Seed Collection (page 17). Add "After the intact clumps of thread-leaved brodiaea are removed for translocation, a monitoring biologist will look through the soil to ensure that no corms remain. Any remaining corms will be planted next to the thread-leaved brodiaea clumps in the receptor area." Revegetation. Section D (page 25). Please provide a figure that shows where permanent fencing will be installed. Maintenance. Section F.l (page 30). We recommend the use of on-site reference sites to assess success criteria of thread-leaved brodiaea, CSS, and native grassland. Long-term Management Plan Section 1, Executive Summary (page 1). Change "53.33 acres" to "18.13 acres." Section 3.2.1, Sensitive Plant Communities (page 8). The quantity of plants avoided is stated as a percentage (95%), but the quantity of plants to be translocated is stated as acreage (0.11 acre). For consistency, we recommend reporting both percentage and acreage for the avoided and translocated quantities. Section 3.2.2, Sensitive Plants (page 8). The LTMP estimates that the Fox-Miller site contains 7,531,844 thread-leaved brodiaea individuals. For the sake of clarity and accuracy, we recommend that the word "individuals" be replaced by a more definitive term such as, "corms", "flowering stalks", "flowers", etc. Section 4.0, Habitat Management (page 10). See comment for Section 3.2.1. Section 4.4, Sensitive Species Management (page 12). We recommend that sites bordered by urban development should be visited at least on a monthly basis to check for fence breaks, illegal/unauthorized activities, or other threats to the habitat. Please revise the Long-Term Management Plan for Fox-Miller Property Open Space to incorporate this frequency of visits. Van Lyrich - Fox Miller LTMP and RestoraljQn Plan ^ Page 5 r^pi Section 4.5, Exotic Invasive Species Management. On page 14, replace the language in the first bulleted item with the language from Section 3, Tolerance of Weeds (page 32), from the Restoration Plan. On page 15, replace 'Table 8" with 'Table 9." Section 4.6, Fire Management (page 15). There should be no fuel modification in the preserved open space. Section 4.7.6, Fencing/Barriers (page 18). Please provide a figure that shows where permanent fencing will be installed. Section 6.0, Reporting/Status Reviews (pages 21-22). Replace "MSCP" with "MHCP." We recommend that the Long-term Management Plan be consistent with the MHCP Volume III, the Biological Monitoring and Management Plan. For your convenience, we have copied some relevant sections from MHCP Volume III below. Please feel free to contact us, if you have any questions. Nancy Frost California Department of Fish and Game Ben Frater U.S. Fish and Wildlife Service CC: <NFrost@dfg.ca.gov>, "Van Lynch" <Vlync@ci.carisbad.ca.us>, <mccollum@mccollum.com>, "Wendy Loeffler" <wloeffler@recon-us.com> Page 1 of 1 Van Lynch - RE: Fox MiUer From: "Allen Jones" <ajones@hgfenton.com> To: "Van Lynch" <Vlync(@ci.carlsbad.ca.us>, <Benjamin_Frater(gfws.gov> Date: 11/15/2005 1:55 PM Subject: RE: Fox Miller CC: <NFrost@dfg.ca.gov>, <ldg(^dwilsoneng.com> Van/Ben/Nancy: Yes, Helix Community Conservancy will hold the endowment and manage the open space in perpetuity. Allen M. Jones Vice President H.G. Fenton Company 7577 Mission Valley Road # 200 San Diego, CA 92108 (619) 400-0134 (619) 400-0111 (fax) Original Message From: Van Lynch [mailto:Vlync@ci.carlsbad.ca.us] Sent: Tuesday, November 15, 2005 1:34 PM To: Benjamin_Frater@fws.gov Cc: NFrost@dfg.ca.gov Subject: Re: Fox Miller Ben: The PAR, attached to the Long Term Management Plan, identifies Helix Community Consen/ancy (John Lovio as preserve manager) as the conservator. Van »> <Benjamin_Frater@fws.gov> 11/15/05 10:22 AM »> Van, We're hoping to finish up the Fox Miller project in the next few days. One major outstanding issue was the endowment-how much, who would hold it, etc. I have received a PAR that establishes the "how much?", but I haven't heard anything about who would be holding the endowment. Do you know if this has been settled, and if so, who that is? Ben Benjamin Frater Fish and Wildlife Biologist U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, California 92011 (760) 431-9440 x310 fi1e://C:\Documents and SettinesWlvncVLocal Settings\Temp\GWI00001.HTM 08/08/2006 Citv of Carlsbad Planning Department September 1, 2005 Mr. David Mayer California Department of Fish and Game 4949 Viewridge Avenue San Diego, CA 92123 Mr. David Zoutendyk U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 RE: RESPONSE TO THE WILDLIFE AGENCIES COMMENTS FOR THE FOX-MILLER MITIGATED NEGATIVE DECLARATION (SCH# 2001102149) Dear Mr. Mayer and Mr. Zoutendyk: This letter Is intended to respond to the comments provided by U.S. Fish and Wildlife Service and California Department of Fish and Game (Wildlife Agencies) to the Mitigated Negative Declaration for the Fox-Miller Project (SCH#2001102149). We offer the following recommended responses to assist you in your final response to both agencies. 1. The project applicant is under discussion with a conservation entity that will prepare a management plan as outlined. A financial mechanism will be established with the conservation entity based on the results of the property analysis record (PAR). The proposed mechanism will either be an endowment or other financial mechanism as approved by the City of Carlsbad and the Wildlife Agencies. The project has been conditioned to fulfill these requirements. 2. The applicant has proposed to convert non-native grassland to native habitats as part of the mitigation credit. If this is not acceptable to the regulatory agencies, the applicant will pay the in-lieu fee for 3.71 acres of impacts to non-native grassland. The applicant was encouraged by the City Council to mitigate on-site if possible. 3. RECON has extensive experience successfully creating Diegan coastal sage scrub on large manufactured slopes for a number of projects in San Diego County: CalTerraces In Otay Mesa, Neighborhood 10 In Carmel Valley, and Otay Ranch in Chula Vista which also included maritime succulent scrub. The slopes on CalTerraces now support coastal California gnatcatcher and the slopes on Otay Ranch support both the gnatcatcher and coastal cactus wren. The proposed restoration would rely primarily on the installation of container stock rather than hydroseed and we have found this to Improve the final success^f^storatioo^3n4hes&Jypesj3tslo|>esJ^lote-tbat this slope will notJae-Subjf any brush management requirements. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 4. The Mitigated Negative Declaration already contains a condition to restrict the removal of vegetation which may have impacts to active coastal California gnatcatcher nests. The only difference In the wording proposed by the agencies Is that the wording states "eggs or chicks" which Is the same as an "active nest" in the wording proposed 5. The project has conditions incorporated that will address the adjacency standards. Habitats will not be disturbed by fire suppression clearing as none are required. Erosion control will be addressed by the NPDES as conditioned in the project. The project has been conditioned to provide landscaping plans address using natives and removal of exotic species. The habitat resoration and mitigation plan also addresses landscaping as well as fencing, signage and exotic species control. Each Individual development of the industrial pads will be required to provide lighting plans as a condition of those other approvals. 6. The landscape architect will not Include any of the listed exotics within the plant palette of the landscape plan. The project was previously conditioned to not plant, seed or othenrt/lse introduce invasive exotic plant species. 7. The applicant will Install permanent black vinyl chain link fencing along the Interface of the open space and development as requested. 8. The restoration plan will be revised to include the installation of temporary fencing and the periodic monitoring by a qualified biologist to ensure the fencing is installed correctly and remains In place throughout construction. 9. a. The restoration plan will comply with the MHCP. The applicant will commit to Implementing the plan as approved by the City of Carlsbad and the Wildlife Agencies. 9b. The off-site Impacts are not included In the final Impacts but will occur on disturbed or developed areas and would not result In any additional Impact or mitigation. 9c. The landscape feature on Figure 4 Is not Included under the proposed mitigation, but RECON will revise the legend on Figure 4 to read "Ornamental Planting" to further clarify that it is not a part of the proposed mitigation. 9d. RECON, the preparer of the restoration plan, will revise as requested. 9e. RECON will actually remove any reference to removal of topsoil. RECON will revise the language on page 16 regarding monitoring for any additional corms in the translocated clumps of soil as requested. 9f. RECON will revise as requested. 9g. RECON will revise as requested. 9h. RECON currently proposes monthly monitoring of the fence for the first year followed by quarterly monitoring for the following 4 years. If necessary, the report can be revised as requested. Please note this will Increase the scope of work and thus the cost of the propos€d^n©fHt«riflg^etivltlesr 9i. RECON will revise as requested. 9j. RECON agrees with this condition except In the instance of Bromus rubens, a pervasive non-native grass species. This plant will be maintained to less than 2 percent total cover within the restoration area. 9k. RECON will revise as requested. Sincerely, Van Lynch WEL:VL:bd cc: Allen Jones, H.G. Fenton Wendy Loeffler, RECON Bob Ladwig, Ladwig Design Group Scott Brusseau, Newport National Corporation Citv of Carlsbad Planning Department August 10, 2005 Mr. Don Chadwick California Department of Fish and Game 4949 Viewridge Avenue San Diego, CA 92123 Mr. David Zoutendyk U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 RE: CITY OF CARLSBAD HABITAT MANAGEMENT PLAN COVERAGE FOR THREAD- LEAVED BRODIAEA Dear Mr. Chadwick and Mr. Zoutendyk: Pursuant to the Special Terms and Conditions of the City of Carlsbad Habitat Management Plan, the City of Carlsbad is requesting coverage for the Thread-leaved Brodiaea (Brodiaea Filifolia). This letter Is to demonstrate that the Fox/Mlller Project, located on the west side of El Camino Real, between Faraday Avenue and College Boulevard, has been re-designed to meet the coverage requirements ofthe Multiple Habitat Conservation Plan (MHCP). The Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP) stipulate that Impacts to brodiaea cannot exceed a gross cumulative loss of 5 percent of the critical narrow endemic populations within the jurisdiction. The brodiaea on the Fox-Miller site has been Identified as a critical narrow endemic population as it is the largest known population in the City of Carlsbad. The total Brodiaea coverage Is estimated at 94,186 square feet of vegetative cover. The project proposes to impact 4,643 square feet of Brodiaea, or 4.9 percent. The joint take permit Issued by U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea only if the proposed Fox-Miller plan were revised to comply with the MHCP and HMP. In response to the latest brodiaea data collected on the project site, the applicant conducted an analysis of various reduced project alternatives In an attempt to comply with the requirement to impact no more than 5 percent of the population. Complete avoidance of impacts was considered but rejected because It would result in unacceptable economic impacts to the industrial project and would have prohibited the widening of El Camino Real. An alternative was designed that resulted in a 4.9 percent Impact to the brodiaea population on-site. This re-desIgn and the adoption of the Mitigated Negative Declaration have been approved by the Planning Commission on August 3, 2005. The Mitigated Negative Declaration was circulated to the iCfiK CoroHaw A>,oniio « narlghaH CA Q9nnB-7.'^14. • ^760^ 602-4600 • FAX f760^ 602-8559 • www.cl.carlsbad.ca.us Wildlife Agencies on July 5, 2005 (FWS-SDG-2385.3) and no comments regarding the brodiaea were identified in the comment letter dated August 3, 2005 from the Wildlife Agencies. If you have any questions regarding the above, please contact me at (760) 602-4613. Sincerely, Van Lyn(/h Senior Planner VL:bd c: Sandra Holder Don Neu Mike Grim File STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit Arnold Schwarzenegger Governor August 5, 2005 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Sean Walsh • Director Subject: Fox/Miller Property CT 00-20x2 / HDP 00-1 lx2a / SUP 00-10x2a / HMP 05-05 SCH#: 2001102149 Dear Van Lynch: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 4, 2005, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not m order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) ofthe Cahfomia Pubhc Resources Code states tliat: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific docimientation." These conmients are forwarded for use in preparing your fmal environmental document. Should you need more information' or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the Califomia Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Robei; Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STEEET P.O. BOX 3Q44 SACBAMENTO, CALIFORNIA 95812-3044 TEL (916) 446-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Bas^ SCH# 2001102149 Project Title Fox/Miller Property CT 00-20x2 / HDP 00-11 x2a / SUP 00-10x2a / HMP 05-05 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description A one year Tentative Tract IVIap extension and extensions and amendments to tiie Special Use Permit and Hillside Development Permit for the replacement of a previously approved 1+1/2:1 manufactured slope to a vertical 44 foot tali masonry tie-back wail system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot on property located adjacent and west of Ei Camino Real, between College Boulevard and Faraday Avenue. The HMP permit Is for the take of covered species under the Habitat Management Pian. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad (760) 602-4613 1635 Faraday Avenue Carisbad Fax State CA Zip 92008 Project Location County City Region Cross Streets Parcel No. Township San Diego Carlsbad El Camino Real / College 212-020-23-00 Range Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use 1-5 McClellan/Palomar NCTD Agua Hedionda Creek/Lagoon Kelley Elementary Vacant / Planned Industrial / Planned industrial Project Issues Aesthetic/Visual; Geologic/Seismic; Soil Erosion/Compaction/Grading; Vegetation; Wetland/Riparian Reviewing Resources Agency; Regional Water Quality Control Board, Region 9; Public Utilities Commission; Agencies Department of Parks and Recreation; Native American Heritage Commission; Air Resources Board, Major Industrial Projects; Caltrans, Division of Aeronautics; Caiifornia Highway Patrol; Caltrans, District 11; Department of Conservation; California Coastal Commission; Department of Fish and Game, Region 5; Department of Water Resources; State Lands Commission Date Received 07/06/2005 Start of Review 07/06/2005 End of Review 08/04/2005 Note: Blanks in data fields result from insufficient information provided by lead agency. STATE OF CALIFORNIA—BUSINESS. TRANSPORT Al ^AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION District 11 • 2829 Juan Street P. O. BOX 85406, M.S. 50 San Diego, CA 92110-2799 PHONE (619)688-6954 FAX (619)688-4299 August 4, 2005 Mr. Van Lynch City of Carlsbad Planning Dept. 1635 Faraday Ave. Carlsbad, CA 92024-3633 •A Flex your power! Be energy efficient! ll-SD-005 PM 47.03 RE: Fox / Miller industrial subdivision (SCH 2001102149) Dear Mr. Lynch: The Califomia Department of Transportation (Caltrans) appreciates the opportunity to review the Negative Declaration (ND) for the Fox / Miller industrial subdivision project, located east of Interstate 5 (1-5) and north of Palomar Airport Road. The estimated number of Average Daily Trips (ADTs) generated by the project (1,800 from the October 9, 2001 Environmental Impact Assessment) appears to be low. According to SANDAG's vehicular traffic generation rates, the proposed project has the potential to generate some 3,285 ADTs, affecting both local and State transportation facilities. A traffic impact study (TIS) is required in order to determine the project's near and long-term effects to State facilities, both existing and proposed, and will also help to determine appropriate mitigation measures. The traffic impact study should be prepared in accordance with the Caltrans Guide for the Preparation of Traffic fmpact Studies, dated December 2002 (TIS guide). Minimum contents of a traffic impact study are listed in Appendix "A" of the TIS guide. The traffic impact study should also determine where and what type of additional improvements might be needed to mitigate for future traffic generated by this development. State-owned signalized intersections (e.g., 1-5 / Palomar Airport Rd.) must be analyzed using the Intersecting Lane Vehicle (ILV) procedure from the Caltrans Highway Design Manual Topic 406, page 400-21 using the year 2030 traffic forecast. Caltrans endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State-owned facilities including intersections (see Appendix "C-3" of the TIS guide), however Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. If an intersection is currently below LOS "C," any increase in delay due to project-generated traffic must be analyzed and mitigated. The LOS for operating State highway facilities is based upon measures of effectiveness (MOE) (see Appendix "C-2" of the TIS guide). If an existing State highway facility is operating at less than the target LOS, the existing MOE should be maintained. "Caltrans improves mobility across California " Mr. Van Lynch August 4, 2005 Page 2 Cumulative impacts of a project, together with other related projects, must be considered when determining the project's impacts. A cumulative impact is the sum of the impacts of existing conditions, other projects, and the project itself - no matter how small the contribution is from the project itself There is no minimum size limitation on projects that may be required to mitigate for cumulative impacts if the project contributes to the problem in any amount. With increasing emphasis on joint involvement with Federal, State, and Public Agencies to have as their goal providing an adequate transportation network in the year 2030, Caltrans supports the concept of "fair share" contributions on the part of the developer for future interchange improvement projects and/or other mitigation measures. Caltrans appreciates the opportunity to review this development proposal. For general questions regarding the Department's comments, please contact Brent McDonald at (619) 688-6819. Sincerely, MARIO H. ORSO, Chief Development Review Branch c: BMcDonald Planning MS-50 EGojuangco Traffic Ops MS-55 SMorgan State ClearingHouse (SCH) "Caltrans improves mobility across California' August 3, 2005 TO: PLANNING COMMISSION FROM: SENIOR PLANNER RE: ERRATA SHEET FOR CT 00-20X2A/SUP 00-102(A)/ HDP 00- 11x2(A)/HMPP 05-05 - FOX/MILLER PROPERTY Added conditions to Planning Commission Resolution Number 5936, CT 00- 20x2(A) - FOX/MILLER PROPERTY 1. Prior to building pernnit issuance for tlie retaining wall, the developer shall provide the Planning Department with an elevation ofthe entire wall and a 6-foot by 6-foot sample of the proposed wall showing the color and texture proposed for the vertical retaining wall along El Camino Real to be reviewed and approved by the Pianning Director. The retaining wall shall represent the natural color and stratigraphy ofthe existing cut slope condition. The Planning Director shall review and approve of the initial color and texture application to the retaining wall structure. 2. The retaining wall structure along El Camino Real shall be treated with a graffiti resistant sealer. 3. Prior to grading, the developer shall install a construction fence around the habitat areas proposed for preservation to reduce the impact to habitat preservation areas. 4. The developer shall install a plaque adjacent to the roadside geology cuts adequate in size to describe the geologic and paleontological significance of the site. The text shall be reviewed and approved by the Planning Director, with consultation provided by the San Diego Natural History Museum. The Engineering Department requests that the following conditions be added to PC RESOLUTION NO. 5936: Prior to grading permit issuance, developer shall obtain approval from the City Engineer and Planning Director of the Performance Technical Specifications for the design and construction of the soil nail retaining wall along El Camino Real. Prior to building permit issuance for the soil nail retaining wall along El Camino Real, developer shall obtain approval from the City Engineer of a Traffic Control Plan to control traffic circulation along the project frontage during construction. VAN LYNCH VL U.S. Fish and Wildlife Service Carlsbad Fish and Wildhfe Office 6010 Hidden Valley Road Carlsbad, Califomia 92011 (760) 431-9440 FAX (760) 431-5902 + 9618 Califomia Department of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, Califomia 92123 (858) 467-4201 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-2385.3 Mr. Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califomia 92008 AUG -3 Re: Comments on the Fox-Miller Mitigated Negative Declaration, City of Carlsbad, County of San Diego, Cahfomia (SCH# 2001102149) Dear Mr. Lynch: The Califomia Department of Fish and Game (Department) and U. S. Fish and WildUfe Service (Service) (collectively, "Wildhfe Agencies") have reviewed the above-referenced Mitigated Negative Declaration (MND), dated June 2,2005, and received on July 5, 2005. The WildUfe Agencies have reviewed the MND to evaluate potential impacts to biological resources and to ensure consistency with the City of Carlsbad's (City) Habitat Management Plan (HMP). The comments provided herein are based on the information provided in the MND and supporting documentation; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County (County); our participation in regional conservation planning efforts, including the City's HMP which is a subarea plan which is part of the Multiple Habitat Conservation Program (MHCP); and our negotiations with the City and project applicant. The Department is a Trustee Agency and a Responsible Agency pursuant to the Califomia Enviromnental QuaUty Act (CEQA), Sections 15386 and 15381, respectively. Pursuant to Section 1802 of the Fish and Game Code, the Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species. As a Trastee Agency, the Department must be consulted by the Lead Agency during the preparation and public review for project-specific CEQA documents if there are potential impacts to biological resources. The primary concem and mandate ofthe Service is the protection of pubUc fish and wildlife resources and their habitats. The Service has legal responsibiUty for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.), including the Habitat Conservation Planning (HCP) program under section 10(a)(1)(B) ofthe Act. The City is participating in the HCP program through the HMP. Mr. Van Lynch (FWS-SDG-2385.3) 2 The 52.33-acre project site is located in the City and is proposed to be subdivided into four industrial lots and one open space lot. The project site is located directly west of El Camino Real, north of Faraday Avenue, east of College Boulevard, and east of the easterly terminus of Salk Avenue. Land uses surrounding the project site include developing residential north of El Camino Real and existing industrial development surrounding the site. A portion of Letterbox Canyon and its associated drainage traverses the site. The five main vegetation types on the project site are Diegan coastal sage scmb (5.56 acres), valley needlegrass grassland (0.43 acre), annual grassland (44.45 acres), U. S. Army Corps of Engineers (ACOE) jurisdictional wetland (0.03 acre), and ACOE non-wetland jurisdictional water (0.21 acre). Contained within the annual grassland is 2.16 acres of the state endangered and federally threatened thread-leaved brodiaea (Brodiaea filifolia), which the HMP identifies as a major population of a narrow endemic plant population consistent with the narrow endemic policy in the MHCP. Other sensitive species on-site include the federally threatened and state species of special concem (CSC) coastal Cahfomia gnatcatcher (Polioptila californica californica), northem harrier (Circus cyaneus, CSC), Cooper's hawk (Accipiter cooperii, CSC), white-tailed kite (Elanus leucurus), a State fiilly protected species, and Califomia adolphia (Adolphia californica), a regionally sensitive species. Additional raptors on site include red-tailed hawk (Buteo jamaicensis), turkey vulture (Cathartes aura), and American kestrel (Falco sparverius). The MHCP narrow endemic policy states that no more than five percent of a major population of a narrow endemic may be impacted. To ensure compliance with the policy and to allow the City's HMP to receive fiill coverage for thread-leaved brodiaea, the Wildlife Agencies have worked with the City and project applicant to design the project so that only 4.9 percent ofthe major brodiaea population within a 0.11-acre area of non-native grassland on-site will be impacted. In addition to avoiding and preserving 95 percent of the population on site, impacts to the thread-leaved brodiaea will be mitigated by recovering brodiaea corms from the impact area and fransplanting them to a suitable location in the open space. We appreciate the City's and project appUcant's considerable effort and cooperation in designing the project to be consistent with the narrow endemic policy. Impacts to 2.66 acres of Diegan coastal sage scrab are proposed to be mitigated at a 2:1 ratio by the on site preservation of 2.9 acres of Diegan coastal sage scrab and the conversion of 1.8 acres of annual grassland and 0.62 acre of manufactured slope to Diegan coastal sage scrab. To mitigate for impacts to 0.36 acre of valley needlegrass grassland, 0.07 acre of valley needlegrass grassland will be preserved on site and 1.01 acres (3:1 mitigation ratio) of annual grassland will be converted to native grassland with thread-leaved brodiaea. Impacts to 30.23 acres of annual grassland will be mitigated at a ratio of 0.5:1 by preserving 11.41 acres of annual grassland on site and conversion of 2.81 acres of annual grassland to native habitats (i.e., Diegan coastal sage scrab and native grassland) and restoration of an additional 3.71 acres of annual grassland to native grassland. Project impacts to 0.03 acre of ACOE jurisdictional wetland and 0.19 acre of ACOE non-wetland jurisdictional water will be mitigated by the purchase of 0.22 acre of mitigation credit at Pilgrim Creek Mitigation Bank and on-site creation of a 0.3-acre basin in the westem part of Letterbox Canyon. This wetland creation site will remain as open space and be Mr. Van Lynch (FWS-SDG-2385.3) 3 revegetated with willow scrab species. The Wildlife Agencies offer the following recommendations and comments to assist the City in minimizing and mitigating project impacts to biological resources and to assure that the project is consistent with the City's HMP: 1. The open space conserved on-site will require management to ensure long-term persistence ofthe thread-leaved brodiaea population and other important biological resources. The applicant should designate an appropriate conservation entity to manage these lands to preserve their biological value. The conservation entity should prepare a management plan, outlining biological resources on the site, monitoring of biological resources, potential impacts to biological resources, actions to be taken to eliminate or minimize those impacts, and an estimate ofthe cost of those management actions. An appropriate financial mechanism (e.g., a non-wasting endowment) should be established to provide fimding for management of biological resources on the property. The amoimt ofthe endowment should be determined by analyzing the cost ofthe management actions outlined in the management plan, using a property analysis record or similar program. The conservation entity and management plan should be subject to the approval of the WildUfe Agencies and the City. 2. To be consistent with the HMP (page D-113), impacts to armual grassland must be mitigated at a 0.5:1 ratio (i.e., 15.12 acres) by on site preservation or payment of an in lieu fee to the City. If 11.41 acres of annual grassland will be preserved on site, the applicant should pay the City an in lieu fee for the remaining 3.71 acres of required annual grassland mitigation. 3. The MND states that 0.62 acre of manufactured slope would be restored to Diegan coastal sage scrab. However, we generally do not concur with Diegan coastal sage scrab mitigation on manufactured slopes because ofthe lack of success in establishing Diegan coastal sage scrab on these usually compacted slopes, and because such slopes usually include concrete drainage ditches and easements that are subject to fiiture maintenance that disturbs any established Diegan coastal sage scrab. We are also concemed that due to the proximity to the proposed buildings, this slope would be subject to brash management. 4. Please revise page 18 ofthe MND to state that there should be no vegetation removal during the bird breeding season in order to comply with the following condition in the Service's biological opinion (FWS-SDG-847.4) for the HMP: "In order to reduce the potential take of eggs or chicks of the coastal Califomia gnatcatcher, the permitee shall not allow any clearing and grabbing activities in known and potentially occupied coastal Califomia gnatcatcher habitat during the breeding season which extends from Febraary 15 through August 31." 5. Because the project is adjacent to the City's Subarea Plan Preserve, development should be consistent with the adjacency standards in the MHCP. Mr. Van Lynch (FWS-SDG-2385.3) 6. The Wildlife Agencies recommend avoiding the use of invasive exotic plant species in the landscape areas adjacent to and/or near mitigation/open space areas. Exotic plant species not to be used include those species listed on Lists A & B of the Califomia Invasive Plant Council's (Cal-IPC) Ust of "Exotic Pest Plants of Greatest Ecological Concem in Califomia as of October 1999." This list includes such species as pepper trees, pampas grass, foimtain grass, ice plant, myoporum, black locust, capeweed, free of heaven, periwinkle, sweet alyssum, EngUsh ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from CALEPPC's web site at http://www.caleppc.org. 7. The applicant should install permanent protective fencing along any interface with developed areas to deter human enfrance into the biological conservation easement area. Fencing should have no gates and be designed to minimize intrasion. Signage for the biological conservation easement area shall be posted and maintained at conspicuous locations. 8. Temporary fencing should be required in all locations of the project where proposed grading or clearing is within 100 feet of habitat that is off site or to be preserved on site. Fencing should be placed on the impact side and should resuh in no vegetation loss within habitat that is offsite or to be preserved on site. All temporary fencing shall be removed only after the conclusion of all grading, clearing, and constraction. A quaUfied biomonitor should be on site when temporary fencing is erected and periodically during constraction to ensure project limits are not exceeded. The biomonitor should also prepare reports demonstrating the project limits were not exceeded. 9. We have the following preliminary comments on the Revised Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrab, Valley Needlegrass, with Thread-leaved Brodiaea, and Southem Willow Scrab Wetland for the Fox Property Carlsbad, Cahfomia, dated Jime 29,2005, that are pertinent to our review of the MND: a. The restoration plan should be consistent with MHCP Volume I, Section 6.3.5. b. Please clarify if the off-site impacts shown in Figure 4 were included in the calculation of project impacts in the MND. c. Please clarify that the "Landscape" areas shown in pink on Figure 4 are not part ofthe project's proposed mitigation. d. Revise the fifth sentence in paragraph 3 on page 9 to read, "The owner/project proponent shall have sole authority in decisions to suspend payment or terminate confracts, and will hire another restoration specialist to ensure that the Wildlife Agency-approved success criteria are met." Mr. Van Lynch (FWS-SDG-2385.3) 5 e. The Mitigation Site Preparation section on page 11 states that "[t]he top six inches of top soil will be removed in the Diegan coastal sage scrab restoration area to eliminate most of the soil weed seed bank." We recommend that a monitoring biologist be on site during this excavation to ensure that there are no thread-leaved brodiaea corms in the removed soil. Likewise, the Plant Salvage and Seed Collection section on page 16 should state that, "After the intact clumps of thread-leaved brodiaea are removed for translocation, a monitoring biologist will look through the soil to ensure that no corms remain." Any remaining corms should be planted next to the thread-leaved brodaea clumps in the receptor area. f. Revise the fourth sentence in the Seed Collection and Application section on page 11 to read, "If seed of a particular species is not available at the time of seed collection or application, the habitat restoration specialist may make substitutions, as approved by the City and Wildlife Agencies." g. The Irrigation sections on pages 14,18, and 22 should specify that irrigation will cease at least one year before requesting City and Wildlife Agency sign- off on the restoration. h. The site managers in the Department's Lands Management and Monitoring Division recommend that, based on their experience, sites bordered by urban development should be visited at least on a monthly basis to check for fence breaks, illegal/unauthorized activities, or other threats to the habitat. Please revise the Maintenance and Monitoring section on page 24 to incorporate this frequency of visits. i. Because there should be no fuel modification in the preserve, the clause at the end ofthe first sentence in the Vegetation Clearing and Trash Removal section on page 25 (i.e.,".. .unless required by fire department regulations") should be removed. j. The Weed Confrol section on page 25 should state that there will be zero tolerance of species listed on Lists A & B of the Cal-IPC list of "Exotic Pest Plants of Greatest Ecological Concem in CaUfomia as of October 1999." k. Delete the sentence on the top of page 31 that reads, "The owner/project appUcant shall be required of all responsibiUty for the restoration sites 10 years after the date of planting." We request to meet with the City and appUcant so that we may discuss other aspects of the plan, including success criteria and reference site selection so that we can finaUze our comments on the plan. 08/03/05 16:39 FAX 760 431 5901 US FISH AND WILDLIFE 121002/002 Mr. Van Lynch (FWS-SDG-2385.3) If you have any questions conceming the contents of this letter, please contact Ben Frater (Service) at 760-431-9440 or Nancy Frost (Department) at (858) 637-5511. Therese O'Rouf Assistant Field Supervisor U.S. Fish and WildUfe Service Sincerely, David May©r Habitat Conservation Planning Supervisor Califomia Department of Fish and Game cc: State Clearinghouse Tamara Spear Citv of Carlsbad Planning Department July 12, 2005 Ladwig Design Group Suite 300 702 Palomar Airport Rd Carlsbad CA 92009 SUBJECT: CT 00-20x2(A)/SUP 00-10x2(A)/HDP 00-11x2(A)/HMP 05-05 - FOX/MILLER PROPERTY The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, July 20, 2005. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 25, 2005. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. DON NEU Assistant Planning Director DN:VL:bd c: File Copy Frank Jimeno, Project Engineer H.G. Fenton, c/o Allen Jones, 7588 Metropolitan Dr, San Diego CA 92108 iK'^c; FaraHaw Awanua » Carlshad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us i ' / City of Carlsbad Planning Department July 6, 2005 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: CT 00-20x2A/SUP 00-10x2A/HDP 00-11x2A - FOX/MILLER PROPERTY Your application has been tentatively scheduled for a hearing by the Planning Commission on August 3, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 14, 2005, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the Cjty to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your site plans, wall elevations and landscape plans on 24" x 36" sheets of paper, stapled in complete sets folded Into BYz x 11" size. B) One 872" x 11" copy of your reduced site plan. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - One (1) separate set of mailing labels of the PROPERTY OWNERS within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt. Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CT 00-20x2A/SUP 00-1 Ox! July 6, 2005 Page 2 2^1 DP 00-11x2A - FOX/ MILLER PROP '^TY UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 C) D) Sincerely, Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Van Lynch Senior Planner VL:bd Attachment TO LADWIG DESIGN GROU^NC. 703 Palomar Airport Rd., SJ^300 CARLSBAD, CA 92009 (760) 438-3182 Fax (760) 438-0173 WE ARE SENDING YOU B^ttached • Under separate cover vie • Shop drawings • Copy of letter • Prints • Change order • Plans • gj^sha*_^_the following items: • Samples • Specifications COPIES DATE NO. DESCRIPTION / THESE ARE TRANSMITTED as checked below • For approval M^or your use • As requested • For review and comment • FOR BIDS DUE . • Approved as submitted • Approved as noted • Returned for corrections • • Resubmit. • Submit • Return .copies for approval . copies for distribution .corrected prints REMARKS L/a/n ^ fp^U t^CL^/ jO^^:^^iyu^ , • PRINTS RETURNED AFTER LOAN TO US COPY TO If enclosures are not as noted, kindly notify us at once. Loclftg Design GroupAnc. Fox/Miller Tentative Map L-1054 6/30/2005 Existing Vertical Wall at the "Forum" in South Carlsbad Page 1 of 2 LoclAig Design GroupAnc. Fox/Miller Tentative Map L-1054 6/30/2005 Existing Vertical Wall at the "Forum" in South Carlsbad Page 2 of 2 Citv of Carls%^^M'^ Planning Department June 30, 2005 Mr. Ben Frater U.S. Fish and Wildlife Service 6010 Hidden Valley Rd Carlsbad CA 92009 Ms. Nancy Frost California Department of Fish and Game 4949 Viewridge Avenue San Diego CA 92123 SUBJECT: CT 00-20x2/SUP 00-10x1 A/ HDP 00-11x1 A (FWS-SDG-2385.1) (SCH 2001102149) FOX/MILLER PROPERTY Dear Ben and Nancy: Please find enclosed a copy of the Environmental Impact Assessment prepared for the Fox/Miller Property located adjacent and west of El Camino Real, south of Faraday Avenue and North of College Boulevard. The document reflects the latest information and comments from meetings with both the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures. If you have questions regarding the project of the proposed environmental determination, please call me at (760) 602-4613. Sincerely, ^(K^Slf^ VAN LYNCH ' Senior Planner VL:aw Enclosures c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 0 lciduiig Design Group, inc. March 4, 2005 RECEfVED van Lynch ^PIIMMP^'^^SBAD Cityok'arlsbad PLANNING DEPT 1635 Faraday Avenue Carlsbad, CA 92008 RE: LETTER TO THE WILDLIFE AGENCIES, REFERENCE THE COASTAL SAGE SCRUB "TAKE" FOR THE FOX-MILLER PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: We have discussed your concem with sending a letter to the agencies for our take of the 2.66 acres of Coastal Sage Scrub on Fox-Miller. Your caution is based on the non-approval by the Planning Commission of the 40-foot high vertical wall. Your concem is, "what if the Commission does not approve it?" As we see it, there is no choice but for the Commission to approve it. Without the wall El Camino Real could not be widened without impacting more than 5% of the known Brodiaea on- site. The City by itself could not widen El Camino Real without participation of the Fox-Miller property. Therefore, we are requesting that you please send a letter to the U.S. Fish and WildUfe and State Fish and Game saying you approve of the "take" but also state or point out your concems. Your letter could state the following: 1. The City Council has approved the 2.66 acre take. 2. Recon has provided a revised Brodiaea report showing the proposed "take" at 5% or less, assuming the 40-foot vertical wall along El Camino Real as proposed and the reconfiguration of Lot #1. If additional Brodiaea areas (Issa/Taylor Made) are added, a shorter wall could still keep the "take" at 5% or less. 3. The applicant has agreed to process a tentative map revision to reflect the 40-foot wall. The estimated time to get the revision before the Planning Commission is 3-4 months. 4. The applicant will agree not to disturb any Brodiaea until a mitigation plan has been approved by USFWS/DFG. 5. The applicant will provide a biologist monitor at the time of the Coastal Sage Scmb removal. 6. The applicant is concemed to get further into the nesting season before the CSS is removed. 703 pQlomar Rirport Rood • Suite 300 • CorlsbQcl. CQliforniQ 92009 (760) 438-3182 FRX (760) 438-0173 Van Lynch March 4, 2005 Page 2 We think a letter with these points, and of course modified to satisfy City concems, would be an acceptable way for you to ask for the concurrence of the Wildlife Agencies at the same time pointing out your concems that you have with the whole process. The fact that Recon has now retabulated the proposed "take" based on the reconfiguration of Lot 1 and the long or short wall, should give the agencies somewhat of a comfort level to approve the "take" of the Coastal Sage Scmb with the understanding that the Brodiaea would not be impacted until a mitigation plan has been processed and approved by the Wildlife Agencies and the City of Carlsbad. Because we are mnning out of time and getting further into the nesting season we feel this is an urgent matter. Thank you for your consideration. Please give me a call if you have any questions. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa Enclosures cc: Frank Jimeno, City of Carlsbad Allen M. Jones, H. G. Fenton Company Scott Bmsseau, Newport National Corporation Wendy Loeffler, Recon Vince Scheldt 703 Palomar Rirport Road • Suite 300 • Carlsbad, CaliFornia 92009 (760) 438-3182 FRX (760) 438-0173 CS2X:\L-1054\L0T-1-100-8X11.DWG 03-01-05 10:37:24 Citv of Carlsbad Planning Department October 12, 2004 Ladwig Design Group, Inc. Suite 300 703 Palomar Airport Rd Carlsbad CA 92009 SUBJECT: CT 00-20x1/HDP 00-11x1/SUP 00-10x1 - FOX MILLER PROPERTY The preliminary staff report for the above referenced project will be mailed to you on Friday, October 15, 2004. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on October 25, 2004. A twenty (20) minute appointment has been set aside for you at 4:30. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. Sincerely, DON NEU Assistant Planning Director DN:VL:bd c: File Copy Frank Jimeno, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Lciduiig Design Group, Inc. September 30, 2004 RECEIVED Michael Holzmiller SEP 3 0 200*1 St^Sci" CITY OF CARLSBAD 1635 Faraday Avenue PLANNING DEPT Carlsbad CA 92008-7314 RE: Fox/Miller Tentative Map per Carlsbad Tract 00-20 (CT 00-20) (LADWIG DESIGN GROUP JOB NO. L-1054) Dear Michael: I have previously submitted a request to extend the Tentative Map for the Fox/Miller Property. As part of that request, I would like to also ask that condition number 19 of CT 00-20 be amended as follov^s: "Prior to approval of the grading permit, the developer shall..." etc. The way the condition is written now, it says, "Prior to approval of the Final Map" etc. This wording is not a standard city condition. We understand that we need to have our agency permits before grading or any change to the land can occur. I appreciate our discussion about this request this morning and it appears that you could support this change in wording in condition 19 as referred to above. Please include this request along with our Tentative Map extension application. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jbk cc: Glenn Prium, City of Carlsbad Frank Jimeno, City of Carlsbad Van Lynch, City of Carlsbad Allen Jones, H.G. Fenton Company Ron Rouse, Luce, Forward, Hamilton & Scripps 703 pQlomar flirport Rood • Suite 300 • Corlsbod, Cfl 92009 (760) 438-3182 fFox (760) 438-0173 1927 Fifth Avenue San Diego, CA 92101-2358 P619,308.9333 F 619,308,9334 www,recon-us,com RECON LETTER OF TRANSMIHAL ro Van Lynch City of Carlsbad 1635 Faraday Avenue Dafe 9/8/04 Job No. 3028-2 Carlsbad, CA 92008 Fox-Miller Property V/a: • U.S. Maff Courfer Copies Dafe Descr/pf/on 1 2/27/04 Letter to Allen Jones RE: Biological Resources Survey Update and Project Impact Revisions for Fox-Miller Property 1 Revised Habitat Restoration and Mitigation Plan For Diegan Coastal Sage Scrub, Valley Needlegrass, with Thread-Leaved Brodiaea, and Southem Willow Scrub Wetland for the Fox Property Carlsbad, Califomia 1 Biological Assessment for the Fox-Miller Property Carlsbad, Califomia Transm/ffed: D For review and commenf D For your use n For your acfion lEl As requested D Forapprovai • i^emarics: Copyfo Signafure Wendy Loeffler /f enclosures are not as rioted, p/ease notffyus af once. j A,'an Lyhch - Analysis of brodiaea filifolia^overage ^ Page t From: <Lee_Ann_Carranza@r1 .fws.gov> To: <Dride@ci.carlsbad.ca.us> Date: 09/02/2004 9:46:55 AM Subject: Analysis of brodiaea filifolia coverage In analyzing the coverage to Carlsbad for Brodiaea filifolia, it is clear that the conditions in the MHCP would not be met without changes to the HMP. Background: There were 19,100 brodiaea filifolia stalks found in 2003 on the Fox/Miller property. The second largest population is 5,000 on old Calavera lands. All the other populations in the City are less than 1,000 plants. The Fox/Miller property is the only property in Carlsbad known to have brodiaea on it at this time. Thus, all the other brodiaea known in the City are already conserved and most will be managed as soon as the City receives a permit. The Fox/Miller population was not identified as either a major population or critical location in MHCP Volume 2. However, that was before specific data was available. Other areas in the city with less brodiaea and in constrained locations were identified as major populations and critical locations. In addition, the newly identified major and critical population at Tayler in Oceanside was only 1,200 plants. The hardline in the HMP for the Fox/Miller project would directly impact 30 percent of the brodiaea on-site and significantly indirectly mpact an additional 20 percent of the plants on-site (they plan to translocate all directly impacted plants). Brodiaea filifolia is considered a narrow endemic in MHCP. The narrow endemic standard requires the following: In no case shall a city permit more than 5 percent gross cumulative loss of a narrow endemic within the FPA and no more than 20 percent gross cumulative loss outside of the FPA within the City. The critical population policy for narrow endemics requires the following: Regardless of location (inside or outside the FPA), existing critical populations must be 100 percent conserved and newly identified critical populations must be maximally avoided, but in no case shall a city permit more than 5 percent gross cumulative loss of critical populations In conclusion, the hardline in the HMP would permit the gross cumulative loss of at least 30 percent of a major population of brodiaea in a critical location. Yes, the City is preserving all the other populations, but they are already preserved due to previous projects (Calavera, Rancho Carillo, La Costa, Aviara, Carlsbad Oaks North, etc.). Thus, there is no opportunity to ensure greater protection somewhere else to gain more flexibility on this site. Although the flexibility would still only be to the 5 percent threshold. Thus, at this point we would have to move Brodiaea filifolia from List 1 to a conditionally covered species. Rather than create a new List (ie. List 5), I propose to move it to List 3 and say it would be covered if the standards of MHCP are met at all existing and new locations and the populations are managed. I know most are managed now, but I think it is 'Van Lynch - Analysis of brodiaea filifoiiaxpverage Page 2 li^pyer reasonable to move it to List 3 and just call out that the Fox Miller property would be managed. — Forwarded by LeeAnn Carranza/CFWO/R1/FWS/DOI on 08/19/2004 03:13 PM Emilie Luciani To: LeeAnn Carranza/CFWO/R1/FWS/DOI@FWS 08/18/2004 03:32 cc: PM Subject: map of brodiaea is attached Let me know if you need anything else. Emilie (See attached file: brodiaea_filifolia.pdf) CO: <nfrost@dfg.ca.gov>, <Susan_Wynn@r1 .fws.gov>, <David_Zoutendyk@r1 .fws.gov>, <Benjamin_Frater@r1 .fws.gov> Lcicluiig Design Group, Inc. July 23,2004 0'^' h 'SA Glenn Pmim i| pLAs^umGOEWR^MENt City of Carlsbad Vj^ ^^{Zi Engineering Department ^v A, 1635 Faraday Avenue ^ijj - ; y \ Carlsbad, CA 92008 : - ' Re: TAYLOR MADE GOLF/MINOR SUBDR/ISION 96-09/COMPLETION OF IMPROVEMENTS ON SALK AVENUE EAST OF FERMI COURT ADJACENT TO THE FOX/MILLER TENTATIVE MAP (CT 00-20) (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Glenn: In late 1996 the City approved a minor subdivision 96-09 for Taylor Made Golf. Condition Number 17 of that minor subdivision stated that Salk Avenue east of Fermi Court may be constmcted at a later date or when development occurs adjacent to this project. Condition 17 also gave the developer the option to postpone those improvements for Salk Avenue but did require separate plans, bonds and agreements to secure the future obligation. In 1997, Taylor Made did enter into a labor and material bond (Security I.D. Number 149-26-50) with the Faithful Performance Bond in the amount of $97,000 and a development agreement listing Improvement Drawing Number 352- 3. Approximately one year ago, on August 14, 2003 (about one year after the Fox/Miller Tentative Map was approved), the City, based on a recommendation from the Inspection Department, released the Faithful Performance Bond No. 149-26-50 in the amount of $97,000 even though the surface improvements have not been installed. The work covered by the Faithful Performance Bond included streets, lights, sewer, water and drainage. This portion of Salk Avenue east of Fermi Court has been graded, the underground improvements have been installed but the finished street improvements including curb, gutter, sidewalk and street lights have not been installed, even though the Faithfiil Performance Bond for these improvements has now been released. According to the Clerk's Office (see attached letter), no other bonds or agreements have been released for that minor subdivision and are all still in place. The Fox/Miller project that I represent has in their conditions of approval to improve Salk Avenue within the subdivision. There is no reference for off-site improvements nor does the tentative map show the need to make the off-site improvements, primarily because the City was relying on the security that had been posted by Taylor Made for the Salk Avenue improvements. 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760)438-3182 FflX (760) 438-0173 Glenn Pmim July 23, 2004 Page 2 Fox/Miller is currently in the S""^ Plan Check and we would like to be in a position to record the map in the next month or two, and would strongly object to having to pay for the improvements that are the obligation of Taylor Made. I have talked to Mr. Skip Hammann in your Inspection Department and Skip indicated that the inspector who approved the release no longer works for the City of Carlsbad, and that he has no idea why the City allowed the Faithful Performance Bond to be released without the improvements being completed. As mentioned earlier, we are in a position to finalize this subdivision very shortly and need the City's assistance in resolving this issue as far as payment for the required improvements to finish Salk Avenue between Fermi Court and the Fox/Miller subdivision boimdary. Also, if Taylor Made is in the process, or will in the future be in the process to ask the City for any permits of any kind, we would ask that their obligation for the improvement for this portion of Salk Avenue be re- instated as required in their original conditions of approval for the project. As indicated, we object to this Salk Avenue improvement being an obligation of the Fox/Miller subdivision and we are looking for compensation if we need to complete this improvement to make our coimection to the existing City public street system. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jbk Enclosure cc: Michael Holtzmiller, Planning Director Mike Peterson, Building Department Skip Hammann, Public Works Inspection Van Lynch, Plarming Department Frank Jimeno, Engineering Department Allen Jones, H G Fenton Company John Strohminger, O'Day Consultants 703 Polomor flirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FflX (760) 438-0173 Uity ot Carlsbad/Clerk 07:53 13 am 07-22-2004 2 17 Project ID: MS 96-09 Project Name: TAYLOR MADE GOLF Authorized by: Agreement: SA601.01 Development Improvement Agreement Drawing No: Completion Date: 04/30/1999 Worl< Covered: STREETS, LIGHTS. SEWER, WATER, DRAIN Security Type (^elease^ Boncl# tte: 08/08/2003 Orig Amt New Amt Labor and Materials Security Faithful Performance Security LM1492660 V FP 1492650 $48,500.00 $97,000.00 ^ Surety Company INSURANCE CO OF THE WEST 11455 EL CAMINO REAL SAN DIEGO CA 92130 cc: Construction File Engineering File RECEIVED JUL 2 % 200A LADWIG DESIGN GR Developer HAMANN CONSTRUCTION 475 WEST BR/^DkEY' ELCAJQN-^. 92020 rpiSECAGMT RelRedSheel /0U/2Ubyi/ City of Carlsbad/Clerk 07:52:57 a,m, 07-22-2004 1 12 Post-it* Fax Note 7671 Date paoLs*-^^ T° i&?A lA^^y4r Fiom A^^ju^ J^C/AJH^S^ CoJDept. Co. Phone # Phone* Fax* ^>/7-^ Fax* )f Carlsbad August 14, 2003 Hamann Construction 1000 Pioneer Way El Cajon, CA 92020 RE: Taylor Made Golf - MS 96-09 Per Instructions from our Engineering Department, we are hereby releasing the enclosed bond so you can return it to your insurance conripany. Fafthful Performance B®wd Nun^r 1492eS0 Original Bond Amount: $97,000.00 Current Bond Amount: $97,000.00 Amount Released: $97,000.00 Sincerely, u JANICE BREITENFELD, CMC Deputy City Clerk Enclosure c: Jennifer Gowen, Engineering (Construction Management & Inspections) Insurance Company ofthe West, 11455 El Camino Real, San Diego, CA 92130 RECEIVED JUL 21 2004 LADWIg DESIGN GR 1200 Carlsbad Village Drive • Carlsbad. CA 92008-1989 • (760) 434-2808 @ V A mmm sr wr • ffijj. FOR veLsarm SD F.f».S. iM® meow mmi C- 3« F OR THC 'M.C& SPEAR 8< ASSOCIATES. INC, CIVIL ENGINEERM] 8. LANS SLKVEYING ^15> 737-7272 FAX C4J«>«737-7t74 - w. wmi£y ^M. AS lUItT* 'FUTURE' SALK AVENUE Loduiig Design Group, inc. July 16, 2004 Glenn Pruim City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: TENTATIVE MAP EXTENSION REQUEST FOR CARLSBAD OAKS NORTH CT 00-20 (PIP 02-02, HDP 00-11 AND SUP 00-10) (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Glenn: This is a request for a 1 year extension of CT 00-20 (Fox/Miller) per Code Section 20.12.110. The Tentative Map and other applications were approved on September 4,2002. Code Reminder #68 of CT 00-20 states that the Tentative Map will expire 24 months from the date the Tentative Map approval became final (September 4, 2002). The Engineer of Work - O'Day Consultants - is actively working with your staff in the 3"^ plan check. Our goal is to record the final map without needing the extension. Because of our close timing and limited window to record the fmal map, we are requesting this extension. Please accept this request along with our check in the amount of $1,900.00 as our request for a 1 year extension of CT 00-20 and the other application for Fox/Miller. I have attached all items noted on your tentative map extension checklist. Sincerely, LADWIG DESIGN GROUP, INC. RECEIVED Robert C. Ladwig, President JUL 1 6 2004 RCL:jbk ENGINEERING Enclosure DEPARTMENT cc: Allen Jones, John Strohminger, O'Day Consultants 703 Palomar fiirport Rood • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Loduiig Design Group, inc. RECEIVED JUL 1 2 2004 CITY OF CARLSBAD PLANNING DEPT. July 12, 2004 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: FOX/MILLER - CC&R'S (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: Enclosed per our brief discussion are two copies of the CC&R's as required by Condition #15 (attached) of Planning Commission Resolution #5240. Please review them against Condition #15 and retum your comments. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa Enclosures cc: Allen M. Jones, H. G. Fenton Company (w/ enclosures, Condition 15) John Strohminger, O'Day Consultants (w/ enclosures. Condition 15) 703 Palomar fiirport Road • Suite 300 • Carlsbad. California 92009 (760) 438-3182 FflX (760) 438-0173 California Regional Water Quality Control Board Terry Tamminen Secretary for Environmental Protection San Diego Region Internet Address: httpy'/www.swrcb.ca.gov/rwqcb9/ 9174 Sky Park Court, Suite 100, San Diego, CaBfomia 92123 Phone (858) 467-2952 • FAX (858) 571-6972 Arnold Schwarzenegger Governor Action on Request for Clean Water Act section 401 Water Quality Certification and Waiver of Waste Discharge Requirements for Discharge of Dredged and/or Fill Materials PROJECT: APPLICANT: Fox Miller Property (File No. 04C-028) Allen Jones H.G. Fenton Company 7588 Metropolitan Drive San Diego, CA 92108-4401 ACTION: • Order for Low Impact Certification • Order for Technically-conditioned Certification STANDARD CONDITIONS: • Order for Denial of Certification • Waiver of Waste Discharge Requirements The following three standard conditions apply to ^ certification actions, except as noted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Califomia Water Code and section 3867 of Titie 23 ofthe California Code of Regulations (23 CCR). 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) Mcense or an amendment to a FBRC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. 3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. Califomia Environmental Protection Agency Recycled Paper H.G. Fenton Company File No. 04C-028 ADDITIONAL CONDITIONS: In addition to the three standard conditions, the H.G. Fenton Company shall ssitisfy the following: A. GENERAL CONDITIONS 1. H.G. Fenton Company shall, at all times, fully comply with the engineering plans, specifications and technical reports submitted with this application for 401 Water Quality Certification and all subsequent submittals required as part of this certification. 2. H.G. Fenton Company shall comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. 3. H.G. Fenton Company shall maintain a copy of this Certification at the project site so as to be available at all times to site personnel and agencies. 4. Prior to the start of the project, H.G. Fenton Company shall educate all personnel on the requirements in this Certification, pollution prevention measures, and spill response. 5. H.G. Fenton Company shall permit the Board or its authorized representative at all times, upon presentation of credentials: a) Entry onto project premises, including all areas on which wetiand fill or wetiand mitigation is located or in which records are kept. b) Access to copy any records required to be kept under the terms and conditions of this certification. c) Inspection of any treatment equipment, monitoring equipment, or monitoring method required by this certification. d) Sampling of any discharge or suriiace water covered by this Order. 6. H.G. Fenton Company shall notify the Regional Board within 24 hours of any unauthorized discharge to waters of the U.S. and/or State; measures that were implemented to stop and contain the discharge; measures implemented to clean-up the discharge; the volume and tj^e of materials discharged and recovered; and additional BMPs or other measures that will be implemented to prevent future discharges. 7. H.G. Fenton Company shall, at all times, maintain appropriate types and sufficient quantities of materials onsite to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials reached a waters of the U.S. and/or State. 8. This Certification is not transferable to any person except after notice to the Executive Officer of the San Diego Regional Water Quality Control Board (Regional Board). The applicant shall submit this notice in writing at least 30 days in advance of any proposed 2 of 13 H.G. Fenton Con^any File No. 04C-028 transfer. The notice must include a written agreement between the existing and new owner containing a specific date for the transfer of this Certification's responsibility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgement that the existing owner is Uable for compliance and violations up to the transfer date and that the new owner is liable from the transfer date on. 9. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicabihty of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure comphance with the water quality standards and other pertinent requirements incorporated into this certification. 10. Ll response to a suspected violation of any condition of this certification, the Regional Water Quality Control Board (RWQCB) may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the RWQCB deems appropriate, provided that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. IL In response to any violation of the conditions of this certification, the RWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. 12. This certification does not address dewatering; separate authorization (per Reigonal Board Order No. R9-2001-96) will be required from the Regional Board for any dewatering impacts. 13. The treatment, storage, and disposal of wastewater during the hfe of the project must be done in accordance with the waiver of waste discharge requirements established by the Regional Board pursuant to CWC § 13260. 14. H.G. Fenton Company shall notify each lot purchaser of this Certification's requirements for post-construction best management practices. 15. Upon transfer of each lot, H.G. Fenton Company shall notify the Regional Board and provide contact information for the purchaser. B. POST CONSTRUCTION STORM WATER MANAGEMENT I. All storm drain inlet structures within the project boundaries shall be stamped and/or stenciled with appropriate language prohibiting non-storm water discharges. 3 of 13 H.G. Fenton Company File No. 04C-028 2. Stormwater that originates in the streets shall be treated prior to discharge to the canyon using inlet filters as proposed in the application for 401 Certification. 3. H.G. Fenton Company shall be responsible for inspection and maintenance of all post- construction structural BMPs until such responsibility is legally transferred to the local homeowners association or other entity. a. At the time maintenance responsibility for post-construction BMPs is legally transferred, H.G. Fenton Company shall submit to the Regional Board a copy of such documentation. b. At the time maintenance responsibility for post-construction BMPs is legally transferred, H.G. Fenton Company shall provide the transferee with a copy of a long- term BMP maintenance plan that comphes with manufacturer specifications. 4. H.G. Fenton Company shall implement site design features described in the Water Quality Technical Report for Fox-Miller Carlsbad Tract CT 00-02 (prepared by Buccola Engineering, Inc.) a. Upon transfer of each individual lot, H.G. Fenton Company shall provide the lot purchaser with a copy of the Water Quality Technical Report for the site and inform the lot purchaser of the requirement to develop and implement on-site post-construction BMPs based on numeric sizing criteria as described in the Water Quality Technical Report to treat the first flush of rainfall prior to discharging to Letterbox Canyon. 5. H.G. Fenton Company shall provide each lot purchaser with a subdivision and lot map that clearly distinguishes the location and purpose of stormwater conveyance, site design, pollution prevention, and treatment BMP features installed by H.G. Fenton Company for the subdivision and lot. 6. The portion of the basin used for mitigation in Letterbox Canyon shall not be used as a water quality treatment facility to treat runoff from the property. a. Each lot and the road shall include post-construction best management practices so that stormwater and urban runoff shall be treated to remove potential pollutants prior to being discharged into the mitigation basin in Letterbox Canyon. 7. Flood and stormwater conveyance maintenance activities within the basin, including disturbance and/or removal of sediments and vegetation (other than the removal of trash and exotic species) shall only occur in the westem 15-feet of the basin. a. The western area of the basin proposed for limited maintenance activity shall be demarcated, without the use of flow constriction devices, so that maintenance personnel are made aware to avoid impacting the mitigation area. 4 of 13 H.G. Fenton Company File No. 04C-028 C. MITIGATION 1. Mitigation for permanent impacts to 0.02 acres and temporary impacts to 0.2 acres, will be achieved by the creation of 0.3 acres of a southem willow scrub wetiand and riparian community in Letterbox Canyon on-site (as described in the Habitat Restoration and Mitigation Plan, RECON, February 2004). a. Any proposed changes to the restoration and mitigation plan for waters of the State shall be provided to the Regional Board at least 60 days prior to implementation. 2. Irrigation equipment installed to support the estabhshment of the mitigation vegetation shall not be abandoned in place, and it shall be removed upon or prior to attainment of mitigation success criteria. 3. Within 90 days of the issuance of this certification, H.G. Fenton Company shall provide a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. The conservation easement or other legal limitation on the mitigation property shall be adequate to demonstrate that the site will be maintained without future development or encroachment on the site or which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The conservation easement or other appropriate legal limitation shall prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not maintain or enhance the wetland functions and values of the site. Other infrastmcture development to be prohibited includes, but is not limited to, additional utility lines, paved maintenance roads, and areas of maintained landscaping for recreation. The H.G. Fenton Company shall submit proof of a completed preservation mechanism within one vear of issuance of this certification. 4. H.G. Fenton Company shall submit a report (including topography maps and planting locations) to the Regional Board within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project. If the site grading and planting are not completed within six weeks of each other, separate reports will be submitted describing those specific as-built conditions. a. The As-Built report shall include a description of the mitigation reference site, including photodocumentation, vegetation community analysis, and assessment of hydrologic, biochemical, and habitat functions. 5 of 13 H.G. Fenton Company File No. 04C-028 5. The construction of proposed mitigation shall be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar year in which impacts first occur (e.g., if impacts occur in June 2004, constraction of mitigation for all impacts must be completed no later than September 2005). Delays in implementing mitigation shall result in an increased mitigation ratio by 1.2 acre for each acre of impact for each year, or part thereof, of delay. 6. Mitigation areas shall be maintained free of perennial exotic plant species including, but not limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco, castor bean, and pepper tree. Annual exotic plant species shaU not occupy more than 5 percent of the onsite or offsite mitigation areas. 7. If at any time during the implementation and estabhshment of the mitigation area(s), and priorto verification of meeting success criteria, a catastrophic natural event (e.g., fire, flood) occurs and impacts the mitigation area, H.G. Fenton Company shall be responsible for repair and replanting of the damaged area(s). 8. Mitigation monitoring reports shall be submitted annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. Monitoring reports shall include, but not be limited to, the following: a) Names, qualifications, and affiliations of the persons contributing to the report; b) Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c) Qualitative and quantitative comparisons of current mitigation conditions with pre-construction conditions, previous mitigation monitoring results, and reference site conditions; d) Photodocumentation from established reference points; e) Survey report documenting boundaries of mitigation area; and f) Other items specified in the draft and final Mitigation and Monitoring Plan. D. REPORTING 1. All information requested in this Certification is pursuant to Califomia Water Code (CWC) section 13267. Civil liabihty may be administratively imposed by the Regional Board for failure to fumish requested information pursuant to CWC section 13268. 2. All applications, reports, or information submitted to the Regional Board shall be signed and certified as follows: 6 of 13 H.G. Fenton Company File No. 04C-028 "/ certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibiUty of fine and imprisonment." 3. The H.G. Fenton Company shall submit reports required under this certification, or other information required by the Regional Board, to: Executive Officer Califomia Regional Water Quality Control Board San Diego Region Attn: 401 Certification; File No 04C-028 9174 Sky Park Court, Suite 100 San Diego, Califomia 92123 7 of 13 H.G. Fenton Company File No. 04C-028 PUBLIC NOTIFICATION OF PROJECT APPLICATION; On March 8,2004, receipt of the project application was posted on the SDRWQCB web site to serve as appropriate notification to the public. REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: Jeremy Haas Califomia Regional Water Quality Control Board, San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 858-467-2735 haasj @rb9.swrcb.ca.gov WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Fox-Miller Project (File No. 04C-028 ) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under Califomia Regional Water Quality Control Board, San Diego Region, Waiver of Waste Discharge Requirements (Waiver Policy) No. 17. Please note that this waiver is conditional and, should new information come to our attention that indicates a water quality problem, the Regional Board may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description and/or on the attached Project Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality Contirol Board's Water Quality Control Plan (Basin Plan). JOI^'H. ROBERttJS Date Executive Officer Regional Water Quality Control Board Attachments: 1. Project Information 2. Distribution List 3. Location Map 4. Site Map 8 of 13 CHICAGO iTTLE tl 925 "B» STREET, SAN DIEGO, CA 92101 (619) 239-6081 Phone: (619)239-6081 Fax: (619)544-6277 FENTON CARLSBAD RESEARCH CENTER C/O H.G. FENTON COMPANY 7588 METROPOLITAN DR. SAN DIEGO, CA 92108 DATE: May 11, 2004 REF NO.: POLICY: 33041164 - USO in accordance with instructions in the above order number, we enclose herewith our Policy of Title insurance as requested. Any documents recorded in connection with this transaction will be forwarded to you direct from the County Recorder's office. it has been our pleasure to have handled this transaction for you. If, at any time in the future we may assist you, we shall be pleased to have you request CHICAGO SERVICE. We appreciate your business. Sincerely, CHICAGO TITLE POUENC1.2-6/4/91-BK RECEIVED JUL 1 B 2004 LADWIG DESIGN GR rci SCHEDULE A Your Ref: Policy No. 33041164 USO Premium: $7,950.00 Amount of Insurance: $7, 500,000.00 Date of Policy: February 13, 2004 at 3:36 PM 1. Name of Insured: FENTON CARLSBAD RESEARCH CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2. The estate or mterest in the land which is covered by this policy is: A FEE 3. Titie to tiie estate or interest in the land is vested in: FENTON CARLSBAD RESEARCH CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 4. The land referred to in this policy is situated m the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION This Policy valid only if Schedule B is attached. ALTA0PA-O2/11/92-lrc DESCRIPTION Page 1 Policy No. 33041164 USO THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF THE COUNTY ROAD, KNOWN AS EL CAMINO REAL, SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 BY 4 CONCRETE BOX CULVERT ACCTJRATELY LOCATED AND STATIONED 150 PLUS 28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT ALSO BEING NORTH 79° 37' 20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT "B" OF RANCHO AGUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960, AS FILE NO. 20485; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG SAID CENTER LINE OF EL CAMINO REAL, SOUTH 75° 00' 00" EAST 675.10 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY.,. AT RIGHT ANGLES, FROM THE EASTERLY LINE OP SAID VISTA BRICK COMPANY LAND, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 00° 32' 00" EAST, 1336.95 FEET; THENCE SOUTH 27° 50' 90" EAST, 827.10 FEET; THENCE NORTH 68° 00' 00" EAST, 1428.00 FEET TO SAID CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 21° 47' 00" WEST, 970.78 FEET, MORE OR LESS, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY .HAVING A RADIUS OF 400.00 FEET NORTHWESTERLY ALONG SAID CURVE 409.22 FEET THROUGH AN ANGLE OF 58° 37' 00"; THENCE TANGENT TO SAID CURVE NORTH 80° 24' 00" WEST, 313.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 500.00 FEET; NORTHWESTERLY ALONG SAID CtmVE 237.95 FEET THROUGH AN ANGLE OF 27° 16' 00"; TANGENT TO SAID CURVE NORTH 53° 08' 00" WEST 13 8.36 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOtJTHWESTERLY HAVING A RADIUS OF 600.00 FEET; NORTHWESTERLY ALONG SAID CURVE 228.99 FEET THROUGH AN ANGLE OF 21° 52' 00" AND TANGENT TO SAID CURVE NORTH 75° 00' 00" WEST, 340.43 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THOSE PORTIONS OF SAID LOT "F" WHICH LIE NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND, EASTERLY OF THE WESTERLY LINE OF SAID LAND AND THE NORTHERLY PROLONGATION THEREOF, AND NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID LAND AND THE NORTHEASTERLY PROLONGATION THEREOF. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE COMMON BOUNDARY LINE OF SAID LOTS "F" AND "B" WHICH POINT IS 66.50 FEET NORTHERLY ALONG SAID BOUNDARY LINE FROM THAT BOUNDARY ANGLE DESIGNATED AS BOTH POINT 18 OF LOT "G" AND POINT 5 OF LOT "B" ON MAP 823; THENCE SOUTH 68° 00' 00" WEST A DISTANCE OF 465.60 FEET; THENCE AT RIGHT ANGLES NORTH 22° 00' 00" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 68° 00' 00" EAST TO AN INTERSECTION WITH THE COMMON BOXJNDARY OF LOTS "F" AND "B"; THENCE SOUTHERLY ALONG SAID COMMON BOUNDARY TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68443-A OF DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743. APN: 212-020-23 SCHEDULE B Your Ref: Policy No. 33041164 USO EXCEPTIONS FROM COVERAGE This poUcy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: p 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. A NOTICE OF SPECIAL TAX LIEN PURSUANT TO SECTIONS 3114.5 OF THE STREETS AND H:;gHWAY CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE IMPOSING A CONTINUING LIEN. EXECUTED BY: CITY OF CARLSBAD AMOUNT: NO AMOUNT IS SHOWN IN SAID NOTICE DATED: MAY 17, 1991 PURPOSE: COMMUNITY FACILITIES DISTRICT NO. 1 RECORDED: MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS THE ABOVE SPECIAL TAXES ARE BEING COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE: PUBLIC HIGHWAY RECORDED: JANUARY 5, 1938 IN BOOK 743, PAGE 64, AND IN BOOK 727, PAGE 441, BOTH, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 5 .. AN EASEMENT FOR THE PtmPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE: PUBLIC ROAD RECORDED: AUGUST 21, 1940 IN BOOK 1054, PAGE 360, OFFICIAL ALTA0PB1^H/11/9Z-lrc SCHEDULE B Page 1 (Continued) POLICY NO. 33041164 USO RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 6. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1800-1 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY AS CONTAINED IN THE DEED RECORDED NOVEMBER 24, 1969 AS FILE NO. 214743, OFFICIAL RECORDS. 7. ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY AN INSPECTION OR StmVEY: 1) A3' WIDE CONCRETE DRAINAGE DITCH ACROSS WESTERLY PROPERTY LINE. 2) A 6' HIGH CHAIN LINK FENCE ACROSS SOUTHWESTERLY PROPERTY LINE. 3) A 6' CHAIN LINE FENCE WITH GATE, ASSOCIATED WITH HYDROSCAPE PRODUCTS FACILITY, ACROSS SOUHTEAST PROPERTY LINE. NOTE, THIS ENCROACHMENT INCLUDED NOT ONLY CHAIN LINK FENCING, BUT OVERHEAD LIGHT FIXTURE, TRENCH DRAIN, AND SURFACE PAVING. THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. END OF SCHEDULE B MAS SCHEDBC-0Z/2B/92-lre ENDORSEMENT Attached to and forming a part of PolicyNo. 33041164 U50 Issued by CHICAGO TITLE INSURANCE COMPANY The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as tiiat delineated on tiie plat of a survey made by BUCCOLA ENGINEERING on JANUARY 29, 2004 , designated Job No. , a copy of which is attached hereto and made a part hereof. This endorsement is made a part of the poUcy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the pohcy and any prior endorsements, nor does it extend the effective date of the pohcy and any prior endorsements, nor does it increase the face amount thereof. Dated: FEBRUARY 13, 2004 CHICAGO TITLE INSURANCE COMPANY Authorized Signatory CLTA Form 116.1 ALTA or CLTA - Owner EN1181 -oa/15/98bk ENDORSEMENT Attached to and forming a part of Policy No. 33041164 USO Issued by CHICAGO TITLE INSURANCE COMPANY The Company insures the Insured against loss which the Insured shall sustain by reason of the enforcement, or the attempted enforcement of THE IIJTEREST OF HYDROSCAPE PRODUCTS referred to in paragraph(s) 7(3) of Part II of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amoimt thereof. Dated: FEBRUARY 13, 2004 CfflCAGO TITLE INSURANCE COMPANY By: Authorized Signatory CLTA Form 110.7 EN 1107 -OS/ZS/sabk 212-02 CHANGES BL C OLE ) NEW Yg CUTl /7 7/ S/flc A? T/ 27 97 72 f 1 j C tS,Z3 7i>3lSS \o2o 22 < WIO / ^ 3386 /IO0S9 'Z ^/ ^ 4.S79 S Z^2 ^4MI 35 5 tl 3 72 i ce MAP 823-RHO AGUA H€OIONDA"POR LOT F ROS 6688.7938.846 7 City of Carlsbad Planning Department March 22, 2004 Ladwig Design Group, Inc. Robert Ladwig Ste 300 703 Palomar Airport Rd Carlsbad CA 92009 SUBJECT: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 - FOX/MILLER PROPERTY Dear Bob: Please find enclosed the revised Notice of Restriction and Notice Concerning Aircraft Environmental Impacts for the Fox/Miller project. Please have the document signed and notarized. Please pay particular attention to the signature requirements on the signature page on each of the documents. For Corporations and Partnerships, please provide an "authorization of signature" of the officers that can bind the Corporation or Partnership. Once they are signed, please return them to me and I will forward them on for additional signatures and recordation. If you have any questions regarding the above, please call me at (760) 602 - 4613. Sincerely, ^ 'o^0J^ VAN LYNCH Senior Planner VL:bd enclosures c: File .A. (YxAdkd sjiPj/of City of Carlsbad Planning Department March 17, 2004 Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 SUBJECT: Dear Bob: GPA 00-05/ZC 00-07/CT 00-20/SUP 00-10/HDP 00-11/PIP 00-02 - FOX/MILLER PROPERTY Please find enclosed a notice of restriction for the Fox/Miller project. Please have the document signed and notarized. Please pay particular attention to the signature requirements on the signature page on each of the documents. For Corporations and Partnerships, please provide an "authorization of signature" of the officers that can bind the Corporation or Partnership. Once they are signed, please return them to me and I will forward them on for additional signatures and recordation. If you have any questions regarding the above, please call me at (760) - 602-4613. Sincerely, 0^^ VAN 0rNCH Senor Planner VL:bd attachments c: File 1635 Faradav Avenue • Carlsbad. CA 92008-7314 • (760i 602-4600 • FAX f760^ 602-8559 • www.ci.carlsbad.ca.us fSS RECON 1927 Fifth Avenue San Diego, CA 92101-2358 P 619.308,9333 F 619.308.9334 /' A WWW. recon-us .com Of March 16, 2004 Mr. Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Reference: Discussion Regarding Thread-leaved Brodiaea Impacts on the Fox-Miller Property (RECON Number 3028B) Dear Mr. Lynch: At Bob Ladwig's request, I have prepared this response to your concem over a proposed project redesign and how it would affect the thread-leaved brodiaea (Brodiaea filifolia). On February 27, 2004, RECON submitted an updated biological impact analysis for the Fox-Miller Property based on both updated biological data collected during 2003 and revisions to the project, which primarily consisted of redesigning the water detention and treatment on-site (RECON 2004). The updated biological surveys conducted were for the thread-leaved brodiaea and the coastal Califomia gnatcatcher (Polioptila californica californica). The thread-leaved brodiaea surveys were conducted at the request of U.S. Fish and Wildlife Service (USFWS) who were interested in a population count rather than the general mapping based on acreage that was presented in the original biological technical report (RECON 2001). The coastal Califomia gnatcatcher surveys were conducted at the request of U.S. Army Corps of Engineers (USACE) in support of the wetland permit applications that have recently been submitted. The project redesign was based primarily on comments from the wetland regulatory agencies, which included concems about placing detention basins and Best Management Practice (BMP) treatments within the existing drainage in Letterbox Canyon. The new proposal includes the placement of initial detention and BMP treatment on the developed pads with additional detention occurring off the pads but outside of the main drainage on-site. As illustrated in Figure 3 of the update letter submitted in Febmary (RECON 2004), the results of the focused survey for the thread-leaved brodiaea indicate that the brodiaea is not present within the proposed footprint for the new detention basin located in the northwestem comer of the site adjacent to El Camino Real. The original survey conducted in 1998 indicated that this area did support this species (RECON 2001). The more recent surveys are expected to be more accurate, given that the surveys were more detailed and the plants were mapped using a global positioning system (GPS) unit with submeter accuracy. The precision of the 2003 survey led RECON to revise the boundary of the thread-leaved brodiaea. We acknowledge that the expression of the thread-leaved brodiaea is variable from year-to-year which can affect the exact boundary of the population each year. The mitigation measure that requires the recovery of thread-leaved brodiaea bulbs from the impacted non-native grassland areas will be upheld in all impacted areas along this northwestern patch of non-native grassland, even in areas that were not identified as supporting the species. Mr. Van Lynch Page 2 March 16, 2004 If you have any further questions, please feel free to contact me. Sincerely, Wendy Loeffler Senior Biologist WEL:sh cc: Allen Jones, H. G. Fenton Company Bob Ladwig, Ladwig Design Group Jeffry Bmsseau, Newport National Corporation References Cited RECON 2001 Revised Biological Technical Report for the Fox Property, Carlsbad, Califomia. April. 2004 Biological Resources Survey Update and Project Impact Revisions for Fox-Miller Property. Febmary 24. 01/12/04 MON 16:38 FAX 7607212046 Buccola Eng. IOOl BUCCOLA ENGINEERING, INC, 3142 Vista Way, Suite 301 Oceanside, CA 920S6 Phone: 760/721-2000 Fax: 760/721-2046 Facsimile Cover Sheet TO! FROM: VanLyndi Joim. Duewel COMJPAhfYi DATE; City of Carlsbad 1/12/04 FAX NUMBER: TOTAL NO. Of PA6E5 INCLUDMG COVER: 602-8559 2 FHONE NUMBER: SUBJECT: PROJFXT NUMBER! FoX'Mtller 149-1 • YOUK. REQUEST X POR REVIEW • FOR YOUR. INFO • PLEASE REPLY • YOUR ACTION NOTES/COMMENTS: Van: Moving along on Fox-Miller - sliould have a prdiminary'layout for you and Frank to loolt at an let us know if we need subst. Conform. Review. Question, on the secondjp^e here, note the private sewer and storm drain coming down the slope from lot 1 into Salk at the bottom. On the TM we show the lines right along the Isouodary - looking at the contours, it would be t>etter from a construction standpoint to rotate the lines slightly as shown, pulling away from the boundary. 1 talked to Wendy at RECON - the impacts to the bio would be the same eitlier way, a 2d-foot wide impacted area either way. Before I put on the plan - thought I would check with you - Frank thox^t this was a planning issue. Thankyou e^.>"^" JohnDuewel ^J^- ^^tJ^^ If you do not receive the num^e^^agcs indicated above, please call. o o IS to a Uj ml 1—i; oj Ul Ui mi 1927 Fifth Avenue San Diego, CA 92101- P619.308.9333 F 619.308 9334 www. recon-u5 .com RECON February 27, 2004 Mr. Allen Jones H. G. Fenton Company 7588 Metropolitan Drive San Diego, CA 92108-4401 Reference: Biological Resources Survey Update and Project Impact Revisions for Fox-Miller Property (RECON Number 3028B) Dear Mr. Jones: This letter is intended as an update to the Biological Technical Report for the Fox-Miller Property prepared by RECON in 2001. At the request of the regulatory agencies, updated surveys for thread-leaved brodiaea (Brodiaea filifolia) and coastal Califomia gnatcatcher (Polioptila californica californica) were conducted in 2003 and there were several project design revisions that needed to be addressed in the impact analysis. Introduction The Mitigated Negative Declaration for the proposed development of four light industrial lots on the Fox- Miller Property was approved by the City of Carlsbad's City Council on October 22, 2002. A condition of approval was to amend the Mitigation Monitoring and Reporting Program to ensure all mitigation was conducted on-site. This included the additional preservation of 2.93 acres of non-native grassland habitat on- site as opposed to off-site as was originally proposed. Subsequent to this approval, the proposed design was modified to comply with storm drain and water detention requirements and water quality regulations. Biological surveys were also updated in 2003. U.S. Fish and Wildlife Service (USFWS) and Califomia Department of Fish and Game (CDFG) representatives had requested that a population count of the thread- leaved brodiaea be conducted. This was attempted in the spring of 2001 and 2002; however, the species did not flower during either of those seasons. This survey was again conducted in 2003 when the environmental conditions were more favorable. In addition, the focused surveys for the coastal Califomia gnatcatcher were updated as part of the preparation for the wetland permit applications. The study area is in the city of Carlsbad, south of El Camino Real between Faraday Avenue and College Boulevard (Figure 1). On the U.S. Geological Survey 7.5-minute topographical map, San Luis Rey quadrangle, the study area is in an unmarked section of Township 11 South, Range 4 West (Figure 2). Methods RECON botanist Brant Primrose revisited the site in May of 2003 and confirmed that the thread-leaved brodiaea was flowering on the property. RECON biologist Mark Dodero and I spoke with John Martin in June of 2003 to clarify how USFWS would like the data presented. He requested that total counts of the plant from both the proposed impact and the proposed open space areas be presented. Based on our conversation with John Martin of USFWS and in-house discussions, the following survey methodology was chosen to quantify the thread-leaved brodiaea on the site. On June 3, 2003, Brant Primrose surveyed the site and mapped the outer limits of thread-leaved brodiaea on the site. He identified subareas of high density within these limits and mapped them using a global positioning system (GPS) unit Pacific Ocean Project location 0 Miles RECON M:\jobs\3028b\gis\gi5 rev\biolet1er.apr\ figl (regl) 02/25/04" FIGURE 1 Regional Location Mop Source: USGS 7.5 minute topographic map series. Son Luis Rey quodrongie Weff - 1] U. /}• ! Vr '\.^^y .5" V- ; ; / V\'']-^''':c:^--'-\ { V J > Gravel • r hi ^=Y:..' ,• Sirfprosa ••- ^ .t. '; _ ..EOarts Point . ti .'T _( / •—•• — *. c ..-.it .SAN:LUISREY.--V- '""^VV: • Project location Feet 2000 N RECON M:\iobs\3028b\gis\gis rev\bioletter.apr\ fig2 (usgs) 02/25/04" FIGURE 2 Project Location on USGS Map Mr. Allen Jones Page 2 February 27, 2004 and obtained a total count of thread-leaved brodiaea visible within each subarea. The plants within the low- density areas were directly counted using the GPS unit to navigate between the high-density areas. Updated focused surveys for the coastal Califomia gnatcatcher were also conducted in 2003. Amy Clark and Darin Busby (USFWS permit number TE-797665) conducted the surveys in accordance with current USFWS guidelines (prepared July 28, 1997). The specifics of survey dates and conditions are provided in Table 1. Meandering transects were walked within the habitat, traversing both the upper and lower boundaries of the habitat. The permitted biologists surveyed an average of 4.5 acres per hour and 5.6 acres per day. A vocalization tape was played at approximately 100-foot intervals in an attempt to elicit a response from coastal Califomia gnatcatchers. TABLE 1 PROTOCOL COASTAL CALIFORNU GNATCATCHER SURVEY DATES, CONDITIONS, AND RESULTS Date Surveyor Beginning Conditions Ending Conditions Acres Surveyed Per Hour 12/4/03 Amy Clark 8:30 A.M.; 53°F; winds 1-3 mph; 20% cloud cover with fog 9:45 A.M.; 59°F; winds 1-3 mph; clear sky and fog hfted 4.8 12/11/03 Amy Clark; Darin Busby 8:00 A.M.;58°F; winds 1-3 mph; 90% cloud cover 9:30 A.M.; 64°F; winds 3-5 mph; 90% cloud cover 4.0 12/18/03 Amy Clark; Darin Busby 8:00 A.M.; 40° F winds 1-3 mph; 30% cloud cover 9:20 A.M.; 62°F; winds 1-3 mph; 60% cloud cover 4.6 Results Figure 3 illustrates the results of the focused survey for thread-leaved brodiaea. A total of 19,100 thread- leaved brodiaea plants were counted during the 2003 season, including 5,740 individuals within the high- density areas and 13,360 in the low-density areas. Please note that the expression of flowers is not indicative of the total number of bulbs present because individual bulbs can flower at different times within the season and often only a subset of bulbs will flower each year. It is expected that the number of bulbs present on-site is greater than the population numbers presented. The coastal Califomia gnatcatcher surveys were negative during the 2003 surveys. Focused surveys for this species have been conducted twice before, during July 1998 and during December 2000/January 2001. A pair was observed during the 2000/2001 surveys; however, they have not been detected since. Project Impacts and Proposed Mitigation The proposed project was redesigned primarily to move the water quality treatment Best Management Practices (BMPs) and storm drain and water detention to the pads rather than in-line with the existing drainages. The basic project footprint did not change with this revision. A new impact analysis was performed based on the revised impacts and the updated biological information. Projed boundary Impacts r / A Impact rm ECR ROW impacts RECON Vegetation Communities HH Diegan coastal sage scrub H Valley needlegrass grassland Non-native grassland Disturbed-ECR ROW I i Developed Jurisdictional USACE/CDFG Areas Jurisdictional waters Wetland Feet 300 M:\iobs\gis\3028b\gi5\gis rev\bioletter.apr fig3 (letter) 02/27/04 " Sensitive Species 0 California adolphia K^^^^^ Thread-leaved brodiaea - high density K \ 1 Thread-leaved brodiaea - low density 0 Coastal California gnatcatcher (2000/2001 observation) FIGURE 3 Existing Biological Resources and Project Impacts Mr. Allen Jones Page 3 Febmary 27, 2004 Table 2 provides a breakdown of the biological impacts and the proposed mitigation. This represents a revision to Table 8 in die Revised Biological Technical Report for the Fox Property Carlsbad, Califomia (RECON 2001) and focuses only on the impacts that would be significant under the Califomia Environmental Quality Act (CEQA) and the City of Carlsbad's HMP (City of Carlsbad 1999). The biological technical report provides detailed text regarding the biological resources identified on-site, impacts, and mitigation. A restoration plan has been updated and will be submitted under separate cover. If you have any further questions, please feel free to contact me. Sincerely, Wendy Loeffler Senior Biologist WEL:sh cc: Bob Ladwig, Ladwig Design Group Jeffry Brusseau, Newport National Corporation Van Lynch, City of Carlsbad References Cited Carlsbad, City of 1999 Habitat Management Plan for Natural Communities in the City of Carlsbad. April. Addenda 2003. RECON 2001 Revised Biological Technical Report for the Fox Property, Carlsbad, Califomia. April. TABLE 2 REVISED' PROJECT IMPACTS AND PROPOSED MITIGATION Biological Resource Existing Impacted Preserved Required Mitigation Mitigation Ratio Acreage Proposed Mitigation Vegetation Communities Diegan coastal sage scmb Valley needlegrass grassland Non-native grassland Sensitive Plant Resources Thread-leaved brodiaea Jurisdictional Waters Disturbed wetland Non-wetland jurisdictional wetland 5.56 0.26 19,100 ind. 12.63 ac. 0.03 0.21 2.66 0.19 44.62 31.47 5,740 ind. 3.46 ac. 0.03 0.19 2.90 0.07 13.15 13,360 ind. 9.17 ac. 2:1 3:1 0.5:1 100% conservation 0.02 2:1 1:1 5.32 0.57 15.74 19,100 ind. 12.63 ac. 0.06 0.19 Preservation of 2.90 acres and conversion of 2.42 acres of non-native grassland to coastal sage scrub. Preservation of 0.07 acre and conversion of 0.50 acre of non-native grassland to native grassland with thread-leaved brodiaea. Preservation of 13.15 acres of non-native grassland and restoration of 2.93 acres of manufactured slopes to native grassland. 70 percent preservation of population in place (13,360 individuals) and 73 percent of habitat preserved in place (9.17 acres); transplantation of 30 percent of individuals into open space on-site. Restoration will include the conversion of the remaining non-native grassland on-site to a native grassland community with thread-leaved brodiaea. Creation and restoration of a 0.30-acre basin within Letterbox Canyon to a native wetland habitat. 'Table is a revision of Table 8 found in the Revised Biological Technical Report for Fox Property, Carlsbad, California prepared by RECON (2001). Loduiig Design Group, inc. Febmary 12, 2004 '••NG dU' Van Lynch City of Carisbad 1635 Faraday Avenue Carisbad, CA 92008 RE: LANDSCAPE PLANS/REQUIREMENTS FOR FOX-MILLER (CTOO-10) (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Van: To follow up on our earher discussion I am attaching an exhibit prepared by RECON that depicts generally the proposed areas to be landscaped with non-native grasslands as required by our conditions of approval for this project. In addition to the colored RECON map, I am also including portions of Planning Commission Resolution #5237 which is the adoption of the mitigated negative declaration for the project. On page 15 of that resolution, the large paragraph near the top of the page discusses the remaining 2.93 acres of habitat that may be mitigated by preserving habitat on site or the payment of an in-heu fee which is consistent with the draft habitat management plan (HMP). When the project got to the City Council (see attached City Council Resolution 2002-316), the Council made it very clear that they wanted to see the additional 2.93 acres of non-native grassland mitigated onsite. In discussions with staff prior to the Coimcil Hearing, it was agreed that the mitigation would occur on the manufactured slopes in specified locations within the project boundaries. On RECON's map, some ofthe slopes to receive standard landscaping are colored pink and some are shown grey as developed. Both the pink and grey slopes will receive standard landscaping. The salmon colored slopes will receive the non-native grassland/slope re-vegetation. The exact configuration may change but the area will be 2.93 acres of non- native grasslands per the conditions of approval. Because this non-nature grassland re-vegetation is not usually required and may not be similar to other projects in the City, we felt it was important to provide you with information that you can pass on to the City landscape plan checker for the project. Our concem has been that when the landscape plans are prepared and presented to the City for plan check that there is something in the file that shows clearly the City's direction as it relates to this issue for landscaping. Please convey this information to the landscape architect for us. If you have any questions or need any additional exhibits please call me. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ndg Enclosures cc: Allen M. Jones, H. G. Fenton Company (w/ enclosures) Tony Lawson, ADL Planning & Associates (w/ enclosures) Jeff Bmsseau, Newport National Corporation (w/ enclosures) 703 pQlomar Rirport Road • Suite 300 • CarlsbQcl. CQlifornlQ 92009 (760) 438-3182 FRX (760) 438-0173 1927 Filth Avenue San Diego, CA 92101-2358 P619,308.9333 F 619.308.9334 www.recon-us.com RECON January 20, 2004 Mr. Daniel Marquez U.S. Fish and Wildlife Service Carlsbad Field Office 6010 Hidden Valley Road Carisbad, CA 92009 Reference: Post-Survey Notification—Focused Survey Results for the Coastal Califomia Gnatcatcher on the Fox Property in Carisbad (RECON Number 3028B) Dear Mr. Marquez: This letter is to notify the U.S. Fish and Wildlife Service (USFWS) ofthe negative results of RECON's recent coastal California gnatcatcher (Polioptila californica californica) surveys for the Fox Property. This is the third series of protocol surveys conducted on this site. Amy Clark and Darin Busby (USFWS permit number TE-797665) conducted the surveys in accordance with current USFWS guidelines (prepared July 28, 1997) requiring three surveys of all appropriate habitats conducted at intervals of at least seven days. The specifics of survey dates and conditions are provided in Table 1. Meandering transects were walked within the habitat and routes traversed both the upper and lower boundaries of the habitat. The permitted biologists surveyed an average of 4.5 acres per hour and 5.6 acres per day. A vocalization tape was played at approximately 100-foot intervals in an attempt to elicit a response fi:om gnatcatchers. Name of project: Fox Property Biological Survey Project location: The study area is in the city of Carlsbad, south of El Camino Real between Faraday Avenue and College Boulevard (Figure 1). On the U.S. Geological Sxurvey 7.5 minute topographical map, San Luis Rey quadrangle, the study area is in an unmarked section of Township 11 South, P..ange 4 West (Figure 2). Acreage: Approximately 52 acres; 5.6 acres of Diegan coastal sage scmb Results: Coastal California gnatcatchers were not observed during the focused surveys. Three plant communities were identified on-site: Diegan coastal sage scmb, valley needlegrass grassland, and non-native grassland. These habitats account for approximately 96 percent ofthe project site with the remainder of the site characterized as developed/disturbed land. The coastal sage scrab is dominated by black sage (Salvia mellifera) and common encelia (Encelia californica). Other species present include Califomia sagebrash (Artemisia californica), needlegrass (Nasella sp.), Califomia buckwheat (Eriogonum fasciculatum), Califomia adolphia (Adolphia californica), coast goldenbush (Isocoma menziesii), coyote bush (Baccliaris pilularis), lemonadeberry (Rhus integrifolia), and blue elderberry (Sambucus mexicanus). Non-native species present include mustard (Brassica spp.), radish (Raphinus sativus), wild oat (Avena sp.), and fennel (Foeniculum vuigare). RECEIVED JAN 2 i 2004 LADWIG DESIGN GR 1^ Mr. Daniel Marquez Page 2 January 20, 2004 TABLE 1 PROTOCOL SURVEY DATES, CONDITIONS, AND RESULTS Date Surveyor Begiiming Conditions Ending Conditions Acres Surveyed Per Hour 12/4/03 Amy Clark 8:30 A.M.; 53°F; winds 1-3 mph; 20% cloud cover with fog 9:45 A.M.; 59°F; winds 1-3 mph; clear sky and fog lifted 4.8 12/11/03 Amy Clark; Darin Busby 8:00 A.M.; 58°F; winds 1-3 mph; 90% cloud cover 9:30 A.M.; 64°F; winds 3-5 mph; 90%i cloud cover 4.0 12/18/03 Amy Clark; Darin Busby 8:00 A.M.; 40 °F winds 1-3 mph; 30% cloud cover 9:20 A.M.; 62°F; winds 1-3 mph; 60% cloud cover 4.6 Bird species identified during the current protocol surveys include lesser goldfinch (Carduelispsaltria hesperophilus), house finch (Carpodacus mexicanus frontalis), Califomia towhee (Pipilo crissalis), spotted towhee (Pipilo maculatus), and northem harrier (Circus cyaneus hudsonius). During protocol surveys conducted in January 2001, a pair of gnatcatchers was observed on-site at the westem edge of the property, just north of Letterbox Canyon. This site continues to provide suitable habitat for gnatcatchers to forage and nest. In accordance with an approved Mitigated Negative Declaration with the City of Carlsbad, if gnatcatcher habitat is removed between Febmary 15 and August 31, coastal California gnatcatcher clearance surveys would be required prior to habitat removal. If you have any questions conceming the contents of this post-survey submittal, please do not hesitate to contact me or Wendy Loeffler. Sine erely Amy E. Clark Biologist AEC:eab cc: Dean Miller Gordon Fox Bob Ladwig, Ladwig Design Group Allen Jones, H.G. Fenton Company Jeffry Bmsseau, Newport National Corporation Pacific Ocean Project location RECON FIGURE 1 Regional Location Map Source: USGS 7.5 minuti^^^ographic map series, Son Luis Rey quadrangle Project location RECON FIGURE 2 Proiect Location on USGS Map 1927 Fitth Avenue San Diego, CA 92101-2358 P 619.308.9333 F 619.308.9334 www.recon-u5.com RECON f ^ September 15,2003 Mr. Stephen Hess Orix Real Estate Equities, Inc. 5050 Avenida Encinas, Suite 250 Carlsbad, CA 92008 Reference: Notes from the August 27, 2003 Meeting on the Fox-Miller Property (RECON Number 3028-lB) Dear Mr. Hess: This letter documents the discussions that occurred during a meeting on the Fox-Miller Property on August 27,2003 regarding the wetlands on-site and the associated regulatory and permitting issues. In addition to us, the participants included Tamara Spear, California Department of Fish and Game (CDFG); Terry Dean, U.S. Army Corps of Engineers (USACE); Van Lynch, City of Carlsbad; Bob Ladwig, Ladwig Design Group; and Lar Bjoram, Orix Real Estate. Both Ms. Spear and Mr. Dean expressed the need to demonstrate that the wetland and drainages on-site were avoided to the greatest extent possible during the design phase of the project. It was explained that the wetland impacts were necessary based on the City of Carlsbad's requirement for the extension of Salk Avenue and the need for the project to connect to the existing utilities located under the end of Salk Avenue. The project design included impacts to the drainages based on the topography of the site and the attempt to protect as much of the habitat on-site that supports listed species, coastal Califomia gnatcatcher (gnatcatcher; Polioptila californica californica) and thread-leaved brodiaea (Brodiaea filifolia). The proposed mitigation was also discussed. This consists of the creation of a 0.39-acre basin on-site that would be revegetated to include southem willow scmb. Ms. Spear expressed concem over the adequacy of the mitigation and felt that an additional off-site component would be necessary. This could be accomplished through enhancement of a wetland or riparian conununity within the local watershed at a ratio of 2:1. She discussed the 1600 Streambed Alteration Agreement process and stated that, in general, an agreement could be processed within 60 days once a complete application is on file. We also discussed the 2081 permit for impacts to state-listed plant species (thread-leaved brodiaea) and whether this would still be required once the City of Carlsbad's Habitat Management Plan (HMP) was approved and implemented. Because this was outside of her area of expertise, we decided additional research would be required. Mr. Dean stated that the linear foot threshold for Nationwide Permit (NWP) 39 would only apply to the wetland and not to the non-wetland jurisdictional waters on-site (drainages). This would allow the project to be processed under NWP 39 rather than an individual permit. He also stated that USACE would take jurisdiction over the gnatcatcher-occupied coastal sage scmb since it was adjacent to USACE jurisdictional waters. He indicated there was a potential need for consultation with U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act. He stated they would not need to consult on the thread-leaved brodiaea impacts, because they are not adjacent to USACE jurisdictional areas. We discussed that a consultation may not be necessary if the City processes the project under an approved HMP because the gnatcatcher is an HMP-covered species. Mr. Dean expressed the need to provide in the 404 permit Mr. Stephen Hess Page 2 September 15, 2003 application a strong discussion describing how the design of the project avoids and minimizes impacts to the jurisdictional waters to the greatest extent possible, as required by the federal Clean Water Act. If you or any of the other recipients would like to revise this letter, please let me know so we can ensure that the issues discussed in the field are accurately presented here. Sincerely, Wendy Loeffler Senior Biologist WEL:sh cc: Tamara Spear, CDFG Teny Dean, USACE Van Lynch, City of Carlsbad Bob Ladwig, Ladwig Design Group Lar Bjoram, Orix Real Estate Kurt Parritz, Orix Real Estate Loduiig Design Group, inc. Septembers, 2003 Terry Dean U.S. Army Corps of Engineers 16885 West Bernardo Drive Suite 300A San Diego, CA 92127 Re: FOX/MELLER PROPERTY IN THE CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-l084) Dear Terry: Thank you for meeting with us on September 10,2003 to discuss the Fox/Miller property in the City of Carlsbad. The people in attendance at your office were Mr. Van Lynch from the City of Carlsbad, Mr. Steve Hess from ORIX, Colleen Blackmore, and myself The purpose ofthe meeting was to respond to your request at our field meeting of August 27, 2003 to look at avoidance of impacts and then minimization of impacts of Corps of Engineers jurisdictional waters. I presented to you a letter dated September 9,2003 that discussed the ahgnment of Salk Avenue, the reduction in usable net lot area and lot configuration, non-wetland jurisdictional waters, public improvements, and financial impact. The marked up plan avoiding where the possible jurisdictional waters would reduce the net pad area from 21.5 acres to 13.6 acres. Based on the financial impact of this on the project it would have close to a $4.4 million negative impact because of th*? loss of building area and the additional improvement costs. After some discussion and review of the plan as approved by the City which does preserve approximately 540 lineal feet of non-wetland jurisdictional waters, you felt that we have made an effort to minimize impacts with the project development and that you could support the project as approved by the City of Carlsbad. 703 pQlomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Terry Dean September 12, 2003 Page 2 ORIX needs to make a decision reference acquisition of the property in about one week. Based on our meeting yesterday, the information presented and your positive comments, ORIX feels reasonably comfortable to move ahead with the purchase. They have also informed me that they plan to start the fmal engineering for the project and to move forward with application of the 401 and 1603 permits. We plan to wait a short time to see what happens with the Carlsbad HMP. Once that decision appears final we will then move forward with the 404 application to the Corps of Engineers. We appreciate your candid comments about this project and look forward to working with you when we make formal application for our 404 permit. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa cc: Van Lynch, City of Carlsbad Steve Hess, ORDC Wendy Loeffler, RECON 703 Palomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Lodiuig Design Group, Inc. September 9, 2003 Terry Dean U.S. Army Corps of Engineers 16885 West Bernardo Drive Suite 300A San Diego, CA 92127 Re: FOX/MILLER PROPERTY IN THE CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1084) Dear Terry: The attached information is provided at your request to us at our field meeting on Wednesday, August 27,2003. You indicated you wanted to see a plan that reflected first impact avoidance and then minimization of impacts of Corps of Engineers jurisdictional waters. The attached plan that I have prepared is in response to your request. To further help explain the attached plan I would like to further describe what I have done. Salk Avenue The City of Carlsbad has required that Salk Avenue connect through the property from the lower end of the project up to El Camino Real. This coimection is needed for circulation and safety. At your request I did look at adjusting the alignment at the lower end of the project to try to miss the wetlands. As you can see, the wetlands are right at the southem edge of the proposed right-of-way. Moving the road fiirther south would not work because of the location of an existing building that does show on the attached plan. Trying to adjust the road to the north would still impact the wetland because ofthe slope needed to support the roadway. In addition, moving the roadway to the north would impact more sensitive coastal sage scmb and more non-wetland jurisdictional waters because the road would have to swing to the south again to get back up the hill to El Camino Real. Salk Avenue is a steep sfreet and the additional length is required to meet the maximum grade requirements of the City of Carlsbad. 703 Palomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 Terry Dean September 9, 2003 Page 2 Reduction in Useable Net Lot Area and Lot Configuration The net pad area, or area where buildings can be constmcted, has been significantly reduced from the approved plan by 7.9 acres down to 13.6 acres total for the 52 acre project. The City approved plan has a net pad area of 21.5 acres. The 7.9 acre reduction is a 36% loss in pad area. As you can see when you look at the attached plan, I have held the toe of slope approximately 50 feet from the limits of the non-wetland jurisdictional waters. I then came up at a 2 to 1 slope up to the existing pad grades. Any reduction in the setback from the center line of the jurisdictional waters would result in significantly higher slopes and possibly exceed the City's maximum slope criteria. In addition to a significant reduction in usable net pad the lots are also now oddly configured and not suitable for development based on the existing planned industrial zoning, hi addition to having odd shapes the areas are also significantly reduced in size. Non-Wetland Jurisdictional Waters The existing City approved plan preserved about 540 feet of non-wetland jurisdictional waters. The attached plan preserves 1,750 lineal feet or about 1,210 feet over the City approved plan. In addition, based on the attached plan, there would be required three extremely deep drain crossings underneath Salk Avenue required to drain the areas upsfream of Salk Avenue. Public Improvements The City approved plan has a requirement on the project for major public improvements. The entire frontage on El Camino Real needs to have an additional lane and a deceleration lane plus curb, gutter, sidewalk, sfreet lights land landscaping. In addition there are frill public improvements required on Salk Avenue which would be built to City of Carlsbad industrial street standards. In summary, the revisions shown on the attached Exhibit A would significantly increase the financial obligation of this project along with significant reduction in the area that could be used for building constmction. The costs for the public improvements required would increase with the addition of the deep storm drains underneath Salk Avenue. In addition, the removal of the fill areas within lots 2, 3 and 4 would throw the project significantly out of balance for earthwork. Based on my experience, revisions of this nature would require going back through the pubhc hearing process through the City of Carlsbad. These changes would, in my opinion, make this project infeasible. Please see the following financial impact of the proposed lot area reduction. 703 Palomar Rirport Road • Suite 300 • Carlsbad. California 92009 (760)438-3182 FRX (760) 438-0173 Terry Dean September 9, 2003 Page 3 Financial Impact August 13, 2003 - Cost estimate to build project improvements - City and processing fees and additional deep storm drains related to plans shown on attached Exhibit "A" $5,077,410 Land cost based on $6.89 per sq. foot x 21.5 acres (current City approved plans) $6.450.000 Total cost to develop 13.6 acres $11,527,410 $11,527410 - 13.6 acres (592,416 sq. ft.) = $19.46 per sq. foot Current similar land costs in Carlsbad are $12 per sq. foot (x 592,416) = $7.108.992 Cost above area market $4,418,418 ($11,527,410 - 936,540 sq. feet (21.5 acres) = $12.30 per sq. foot - for City approved projects). Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa Enclosures cc: Van Lynch, City of Carlsbad (w/ enclosures) Don Rideout, City of Carlsbad (w/ enclosures) Dean Miller, Owner (w/ enclosures) Gordon Fox, Owner (w/ enclosures) Steve Hess, ORIX (w/ enclosures) Wendy Loeffler, RECON (w/ enclosures) 703 Palomar Rirport Road • Suite 300 • Carlsbad, California 92009 (760)438-3182 FRX (760) 438-0173 ^OX/MILLER ROAD SURVEY 682^ )AD SURVEY 1800-1^ \ CONSTRAINTS MAP/SLOPE ANALYSIS CT 00-20 , HDP^pi , PIP 00-02 GPA 00-05 , SUP^^IO , ZC 00-07 L Lo^S PAD ArftiT^ inDUIIG DCSIGN GnOUP. INC. • •• • September 3, 2003 John Martin U.S. Fish and Wildhfe Service 6010 Hidden Valley Road Carisbad, CA 92009 Re: THREAD-LEAVED BRODIAEA SURVEY AND POPULATION COUNTS ON THE FOX/MILLER PROPERTY IN THE CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1084) Dear John: In April of2002 you and Nancy Frost, from the Califomia Department of Fish and Game, requested a more detailed survey for the Thread-Leaved Brodiaea to be conducted on the Fox/Miller property. Attached is a copy of RECON's letter to me dated August 28, 2003 that presents the results of the survey. Please look this latest up-to-date information over and if you have any questions please give me a call. Sincerely, LADWIG DESIGN GROUP, INC Robert C. Ladwig, President RCL:ndg Enclosure cc: Van Lynch, City of Carlsbad (w/enclosures) Nancy Frost, State Fish and Game (w/enclosures) Don Rideout, City of Carlsbad (w/enclosures) Dean Miller, CB Richard Ellis (w/enclosures) Gordon Fox (w/enclosures) Steve Hess, ORIX (w/enclosures) 703 Palomar flirport Road • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 1927 Fifth Avenue San Diego, CA 92101-2358 P619.308.9333 F 619,308.9334 www. recon-us, com RECON August 28, 2003 Mr. Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Reference: Results of Thread-Leaved Brodiaea Surveys and Population Counts on the Fox Property (RECON Number 3028B) Dear Mr. Ladwig: This letter is to provide the results of the updated focused surveys conducted on the Fox Property for the state and federally endangered thread leaved brodiaea (Brodiaea filifolia). The Fox Property is in the city of Carlsbad, Califomia located north of Palomar Airport Road, east of El Camino Real, and between Faraday Avenue and College Boulevard (Figures 1 and 2). The project site includes a portion of Letterbox Canyon with its associated drainages and the adjacent upland slopes. The site is bounded by El Camino Real to the east and north with industrial development surrounding the rest of the site. Thread-leaved brodiaea was detected within the non-native grassland on the property during biological surveys conducted in 1998. The total extent of the plant's location on-site was mapped at this time and the total area of grassland with thread-leaved brodiaea was calculated. During a meeting on April 10, 2002, John Martin from U.S. Fish and Wildlife Service and Nancy Frost from Califomia Department of Fish and Game requested a more detailed survey for the thread-leaved brodiaea be conducted on the Fox Property to determine the density of the plant on-site. Surveys were conducted in May and June of 2002, by RECON biologist Brant Primrose; however, the species did not flower that season. This was likely a result of low rainfall. Surveys were postponed until the spring and summer of 2003 with the expectation that conditions would be more optimal for detection. Methods Mr. Primrose revisited the site in May of 2003 and confirmed that the thread-leaved brodiaea was flowering on the property. RECON biologist Mark Dodero and I spoke with John Martin in June of 2003 to clarify how USFWS would like the data presented. He requested that total counts of the plant from both the proposed impact and the proposed open space areas be presented. Based on the above and in-house discussions, the following survey methodology was used to quantify the thread-leaved brodiaea on the site. On June 3,2003, Brant Primrose surveyed the site and mapped the outer limits of thread-leaved brodiaea on the site. He identified subareas of high density within these limits and mapped them using a global positioning system (GPS) unit and obtained a total count of thread-leaved brodiaea visible within each. The plants within the low-density areas were directly counted using the GPS unit to navigate between the high-density areas. RECEIVED AUG 2 9 2003 LADWIG DESIGN GR Mr. Robert Ladwig Page 2 August 28, 2003 Results Figure 1 illustrates the results of the focused survey. The total counts for each of the high-density polygons are shown. The impact area contained approximately 5,740 plants including approximately 5,040 plants within the high-density areas and 700 plants within the low-density areas. The open space area contained approximately 13,360 plants including approximately 12,160 plants in the high-density areas and 1,200 plants in the low-density area. A total of approximately 19,100 thread-leaved brodiaea plants were detected during the 2003 season. Please note that the expression of flowers is not indicative of the total number of bulbs present because individual bulbs can flower at different times within the season and often only a subset of bulbs will flower each year. It is expected that the number of bulbs present on-site is greater than the population numbers presented. If you have any further questions, please feel free to contact me. Sincerely, Wendy Loeffler Senior Biologist WELish 8i;ena Visfo Logoon Pacific Ocean y^' La Project location 0 Miles 4 N RECON •ig! ;rsg" 08.-;>2,o:; FIGURE 1 Regional Location Mop Source: USGS 7.5 minut^J^jgrgphic map series, San Luis Rey quadrangle Project location RECON V. 1005 20280 3's gis re. ." ' go* sr no-••.g2 [viqs: 03 22 63 ' FIGURE 2 Project Location on USGS Map I Image Source: Copyright 200]^id'hotoUSA, LLC, All Rights Reserved (flown Jonuory 20 Impact Open space Total Low density areas 700 1,200 1,900 High density areas 5,040 12,160 17,200 GRAND TOTAL 5,740 13,360 19,100 Project boundary 11 Grading limits Thread-leaved Brodiaea High density areas Low density areas RECON V.;' iobs',3C28D.g.s o i 'e. - 33-c-••.g3 ior**! 03 27 C5 FIGURE 3 Thread-leaved Brodiaea 1927 Fifth Avenue San Diego, CA 92101-2358 P619.308.9333 F 619,308,9334 www.recon-us.com RECON November 26, 2002 Mr. Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Reference: Status of Thread-Leaved Brodiaea Surveys on the Fox Property (RECON Number 3028B) Dear Mr. Ladwig: During a meeting on April 10,2002, both John Martin, U.S. Fish and Wildlife Service, and Nancy Frost, Califomia Department of Fish and Game, requested a more detailed survey for the thread-leaved brodiaea (Brodiaea filifolia) be conducted on the Fox Property to determine the density of the plant on-site. Beginning April 25, 2002, RECON biologists visited the site on a weekly basis to determine when the plant began to bloom so that surveys could be conducted. Visits to known thread-leaved brodiaea locations on the property were conducted until June 6, 2002. The published blooming period for this species is March to June. Numerous leaves from unidentified bulb species were detected; however, no thread-leaved brodiaea were observed blooming. Environmental conditions likely precluded the expression of flowers for the 2002 season. At that point, surveys were suspended until the following spring with the expectation that the 2003 season would yield more favorable conditions for this species. Both John Martin and Nancy Frost were consulted on June 13, 2002, to concur with the decision to suspend surveys until 2003. If you have any further questions, please feel free to contact me. Sincerely, Wendy Loeffler Senior Biologist WEL:sh BEGEIVED NOV 2 7 2002 LAOllG tESIGN GR A V if Sent By: WILSON ENGINEERING; 7604380173; Nov-20-02 15:33; Page 1/3 loduiif DesigA Group, inc. Faxmittal TO: H'QPCOS Date: ///^^/^^^ Timely fUc^ PROJECT: ^fi^^Z^^ ATTENTION;, FAX#: PHONE#: FROM: Robert C. Ladwig TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET): . ? REMARKS: LAM. - d^fA -^LJA^ -A^M^, i /^Jif^b^^ .<UJ> fJ/iMjy ^ AfJM^y rj4Z2! y^^^ ^.pyo^^^;^^ /r.ST- a.^^ /^:t:i: a4t^^.jatsi... cc: fJjMJ^ ^^^^ 6>i<9^7-f. m<h 703 Polomor flkport Road, Suite 300. Corlsbod. Colifornio 98009 (760) 438-3182 Fox (760) 438-0173 Sent By: WILSON ENQINEERING; 7604380173; Nov-20-02 15:34; Page 2/3 Lodiiils DeslgA Group, loc. July 26. 1999 Nancy Gilbert U.S. Fi«h and Wildlife Service 2730 Loker Avenue West Carisbad, CA 92008 RE: FOX-MILLER PROPERTY (LADWIG JOB NQ, L-1054) DearNancy: EndoscdisarevisedmapfortfaeFox-Millerproperty dated July 23,1999. The revisions reflect your request for maintaining 80% in-place pres«^ation ofthe Brodiaea population on tbe subject property. This exhibit is sUghtiy difBsrent than the previous one shown several weeks ago. The old configuration showed the preservation area within the cent^ of Lot 1 bdng adjacent to the open space. The new configuration moves ihe preservation area within Lot 1 adjacMit to £1 Camino Real. This provides us with better access fipm the proposed driveway off of Salk Avenue to the portions of Lot 1 remaining both east and west ofthe Brodiaea area. In addition, we would like to reserve the ability to Sua up the final design for the 80% preservation with the formal tentative map process through the City of Carisbad. Please accept this new configuration dated July 23, 1999 as our hardline detemiination for the Fox*Mill6r propnty. The a&XK changes that we had talked about eailier are included > mam adjustment to the (dtgnment to Avenue as shown. Along with copies of this letto- to Don Rideout and Michael Holzmiller, we are also asking fix»u the City a letter acknowledging that they concur with our subdivision de»gn as pres«sited on the attaclied exhibit. The subcfivision work and the dianges made were done in response to the s earlier comments on our subject plan. 703 Polomor flirport flood • Suite 300 • Corlsbod. Colifornio 92009 (760)438-3182 FAX (760) 438-0173 Sent By: WILSON ENGINEERING; 7604380173; Nov-20-02 15:34; Page 3/3 Nancy Gilbert July 26, 1999 Page 2 If you have any questions about the attadied, please give me a call. We also ask fisr a confirmation that you accept the hardlines as shown on the attached exhibit. Sincerely, LADWIG DESIGN GROUP» INC Robert C. Ladwig, President RCL:lb.007 Attachment cc: Julie Vandowier, U.S. Fish and Wildlife, w/attacbment David Lavdiead, State Fish and Game, w/attachment Michad Holzmiller, City of Clarlsbad, w/attachmoxt Don Rideout, City of Odsbad, w/attachment Wendy LoefiQer, Recon, w/attachment Dean Keller, w/attachment 703 Polomor flirport flood • Suite 300 • Corlsbod, Colifornio 92009 (760)438-3182 FflX (760) 458-0173 1927 Fiflh Avenue San Diego, CA 92101-2358 P619.308.9333 F 619.308,9334 www. recon-us. com RECON November 7,2002 Mr. Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Reference: Revisions to Project Impacts and Mitigation Recommendations for the Fox Property (RECON Number 3028B) Dear Mr. Ladwig: In response to our recent meeting with the City of Carlsbad, I have reassessed the project impacts and required mitigation for the Fox Property. Attached are suggested revisions to Table 8 of the biological technical report (RECON 2001a) and Figure 4 of the restoration plan (RECON 2001b). Table 8 was revised to reflect the impact analysis conducted based on the latest set of CAD drawings. I removed the two mitigation options (CEQA vs. HMP) from the table and consolidated all of the mitigation requirements outlined in the approved environmental documents. A recalculation of the impacts revealed that an additional 5.12 acres of non-native grassland or similar habitat was required to be preserved on-site, as opposed to the 2.93 acres indicated in the Mitigated Negative Declaration. To resolve this potential mitigation shortfall, we were able to identify at least 5.12 acres of manufactured slopes that will be created as part of the proposed development. These slopes are adjacent to other open space areas on and surrounding the site. These manufactured slopes should be revegetated with native grassland species consistent with the grassland restoration described in the restoration plan prepared by RECON (2001b). Figure 4 from the restoration plan was revised to show the additional native grassland mitigation areas. If you have any further questions please feel free to contact me. Sincerely, Wendy Loeffler Senior Biologist "^^^•^'^ RECEIVED enc/cc: Dean Miller HOV 0 8 20Q2 LADWIG DESIGN GR RECON 2001a Revised Biological Technical Report for the Fox Property Project, Carlsbad, California. April 5. 2001b Habitat Restoration and Mitigation Plan for Diegan Coastal Sage Scrub, Valley Needlegrass, / ^ with Thread-Leaved Brodiaea, and Southern Willow Scrub Wetland for the Fox Property, Carlsbad, California. August 17. TABLE 8 REVISED PROJECT IMPACTS AND PROPOSED MITIGATION Biological Resource Existing Impacted Preserved Acres Acres Acres Required Mitigation Mitigation Ratio Acreage Proposed Mitigation Under CEQA Vegetation Communities Diegan coastal sage scrab Valley needlegrass grassland Non-native grassland Sensitive Plant Resources Thread-leaved brodiaea Jurisdictional Waters Disturbed wetland Non-wetland jurisdictional wetland 5.56 2.59 0.26 0.19 44.62 31.35 10.67 0.03 0.21 2.08 0.03 0.19 2.97 0.07 13.27 8.59 2:1 3:1 0.5:1 100% conservation .2:1 1:1 5.18 0.57 15.68 10.67 0.06 0.19 On-site: Preservation of 2.97 acres and conversion of 2.21 acres of non-native grassland to coastal sage scrub. On-site: Preservation of 0.07 acre and conversion of 0.50 acre of non-native grassland to native grassland with thread-leaved brodiaea. On-site: Preservation of 10.56 acres of non-native grassland and restoration of 5.12 acres of manufactured slopes to native grassland. On-site: 80 percent preservation of population (8.59 acres) in place; transplantation of 20 percent into open space on-site. Restoration will include the conversion of non-native grassland on-site to a native grassland community. Creation and restoration of a 0.39-acre basin within Letterbox Canyon to a native wetland habitat. fi!5 S;ed Mitigation Areas Coastal sage scrub Native grassland revegetation - manufactured slope Native grassland/Brodiaea revegetation Native grassland revegetation Open space Wetland creation area Project boundary Developed area Off-site impact FIGURE 4 Proposed Mitigation Areas M:'jobsVJ028b*minganon ipr fig4 final 11 04.02 RECm Melissa From: Sent: To: Subject: Votel, Tom [VotelT@CTT.com] Thursday, August 22, 2002 9:07 AM 'ldg@dwilsoneng.com' Fox Miller (203066106-U50) Bob- I have reviewed your documents, and concur the deed to the County of San Diego recorded Nov. 24, 1969 as file #214743, does grant land "Lying Northeasterly" AND Northerly of the 90 foot strip as described in the document. My Preliminary Title Report (203066106-U50) already Excepts all that land, so therefore I don't feel that Legal Description of my report needs to be amended. Hope this helps, if you need anything further, let me know. Tom RECEIVED AUG 2 2 2602 LADWIG DESIGN GR V Sent By: WILSON ENGINEERING; 7604380173; Aug-5-02 9:08; loduiig Design Gf oupt inc. Faxmittal Page 1/4 TO: &fj(f4^ Date: ^/^CMx^ Time: PROJECT: ATTENTTON: JOB#, PHONE#:. FROM;, Robert C. Ladwig TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET): REMARKS: (kj^ ' O/UU / cc: lOCFAy.QOI 703 pQlomor Rirport flood. Suite 300, Corlsbod, CQlifornlQ 92009 (760)438-3182 Fox (760) 438-0173 Sent^By: WILSON ENGINEERING; 7604380173; Aug-5-02 9:08; Page 2/4 L-10S4 7/31/02 Fox-MiUer Property and DliCBasion of Salk Av^ne as a Cnl"de-S8ac Striping/Lane Configuration on EI Camino Real • El Camino Real is a prime arterial with a design Speed of 60 mph. Using that speed, the required comer sight distance, as shown in Caltrans Highway Design Manual Section 405, is 660 feet. During the staff review of this project, iii early 2001, the corner sight distance was increased to 800 feet, by pulling the major cut slope back. The sight distance was increased at the request ofthe staff, in lieu of addiog an acceleration lane fbr traffic entering ECR southbound fiom Salk. The acceleration lane was a potential requirement considered by the transportation dept. • The stopping sight distance for a 60 mph design speed roadway, as described in Caltrans Highway Design Manual Section 201, is 580 feet, llie sight distance provided at Salk, fbr botti comer and stopping, would be adequate for a 70 mph design speed road. • If the right-of-way cannot be obtained for the rental yard, it can be seen on the striping exhibit that lane transitions could be provided for ihe 3-lane to 2-Iane reduction prior to matching the existing roadway width at the rental yard. • In looking at several entry streets along the ECR corridor throughout Carlsbad, the vast majority do not have acceleration lanes. • Sight distance provision and lane-drop transition (if necessary), as proposed for Fox-Miller, are longer than those provided on the opposite side of the street at Cougar and the aitry to the Gateway Center. These improvements were built in the mid-eighties. In analyzing or considering a cul-de-sac, the following items should be considered: • Carlsbad Engineering Policy #1 - Single Entry (Cul-de-sac) Development The cul-de-sac policy states that single entry point cuUde-sac development shall be pennitted only when the cul-de-sac street is a 52-foot wide cuib to curb industrial street and gfl of the following conditions are met: a. The length of the street does not exceed Vi mile 1. If a cul-de-sac would be proposed which eliminates access from El Camino Real, the length of th cul-de-sac would not exceed the policy requirements. Sent By: WILSON ENGINEERING; 7604380173; Aug-5-02 9:09; Page 3/4 b. Traffic volume at entrance does not exceed 3,000 ADT 1. TTie proposed traffic volumes fbr the Fox-MiUer property is estimated to be 1,800 ADT, which would need to be added to the existing ADT (Taylor Made Golf and others) on existing Salk Avenue and Fermi Court. ADT volumes for these projects are not known. c. Net buildable lot area served by the street does not exceed 25 acres 1. The net acreage for the existing development is 27.7 acres and the proposed net development area for Fox-Millef is 21.5 acres. Add this to the 27.7 existing net acres and the total is 49.2 acres, which is ahnost twice what is allowed by the City policy. Note: A portion of the existing net acreage is developed as golf ^ilities and that total is proximately S.3 acres. hitersection Spacing at £1 Camino Real Carlsbad Street Design criteria requires intersections on prime arterials to be2,600 feet apart. The distance between College and Faraday is 4,100 feet - not enough room for an intermediate full intersection. Salk Avenue as currently proposed intersects £1 Camino Real so there is 2,395 feet north to College and 1,705 feet south to Faraday, Southbound acceleration lane on El Camino Real at Salk On April 30,2001, the project traffic engineer (Willdan/WPA Traffic Engineering) reviewed Ae question about the need for an acceleration lane. The traffic engineer in a letter dated April 30, 2001 (copy attached), found that there is no dear traffic benefit to consider the implementation of an acceleration lane for the Fox-Miller property. Sent By: WILSON ENGINEERING; W WILLDAN SdrvInQ Public Agencies 7604380173; Aug-5-02 9:09; Page 4/4 TO: Bob Ladwig - Ladwig Design Group FROM: Steve Sasaki - Willdan / WPA Traffid Engineering.4^ SUBJECT: Fox-MlHer Property - Access PATE: AprH 30,2001 Forthe conditions that exist at the Fox-Miller project, there is Justification to require egress (exiting) traffic to find adequate gaps in traffic on Ei Camino Real and enter the trafflc stream directiy. This results in drivers being perpendicular (at 90 degrees) to the traffic stream and can more easily "look" to enter traffic, in addition, there are two additional through lanes for southbound traffic to merge into if needed to pass exiting tnjcks. If an acceleration lane is provided, drivers will be facing the same direction as traffic and will be required to merge into traffic through the use of their mirrors and looking back (180 degrees). It has aiso been notpd that other driveways along EI Camino Real exist without acceleration lanes, so the provision of an access at the Fox-Miller project without an acceleration lane would not be inconsistent with other locations. Overall, a clear traffic benefit appears to be lacking, when considering the potential implementation of an acceleration lane at the Fox-Miller location. If you have any questions or comments, please contact us. 5SS:cc #12820.memQ.dot RECEIVED MAY 0 2 2001 LADWIG DESIGN GR 7/15/2004 L-1054 Fox/Miller Parcel Property Owner's List Page 1 of 4 Number Parcel Owner Address City/State Zip 1 209-040-35 Tr Wrisley 2080 Basswood Ave Carisbad Ca 92008 2 209-040-37 Carlsbad Gateway Center Llc PO Box 256 La Jolla Ca 92038 3 209-040-40 Tr Finn 18458 Grenache Rose Way Ramona Ca 92065 4 209-040-41 Benson PO Box 2078 Del Mar Ca 92014 5 209-040-42 Tycoon Development Corp 2371 Fenton St Chula Vista Ca 91914 6 209-040-43 Tycoon Development Corp 2371 Fenton St Chula Vista Ca 91914 7a 209-041-25-01 Tr Scholl 444 N El Camino Real 119 Encinitas Ca 92024 7b 209-041-25-02 David F Ruiinau 3775 10Th St Riverside Ca 92501 7c 209-041-25-03 Ruhnau & Engel D Tr PO Box 7209 Rancho Santa Fe Ca 92067 7d 209-041-25-04 Tr IVIehler&Nielson 5751 Palmer Way D Carlsbad Ca 92008 7e 209-041-25-05 Tr Kolker 1635 La Plaza Dr San Marcos Ca 92069 7f 209-041-25-06 Daniel W Golden 1030 Robin Hill Dr San Marcos Ca 92069 7g 209-041-25-07 Tr Batsford 5751 Palmer Way G Carlsbad Ca 92008 7h 209-041-25-08 Kenneth J & Dorothy Metzgar 853 Morning Sun Dr Encinitas Ca 92024 7i 209-041-25-09 Richard T Gibson 5731 Palmer Way B Carisbad Ca 92008 7j 209-041-25-10 Ruy Real Estate Holdings Lp 5731 Palmer Way C Carlsbad Ca 92008 7k 209-041-25-11 Wood Johnson 5731 Palmer Way D Carlsbad Ca 92008 7! 209-041-25-12 Wood Johnson 5731 Palmer Way E Carlsbad Ca 92008 7m 209-041-25-13 BPRMLLC 1609 Santa Margarita Dr Fallbrook Ca 92028 7n 209-041-25-14 Tr Melchior 942 Begonia Ct Carlsbad Ca 92009 7o 209-041-25-15 David Oswald 1891 Avenida Mimosa Encinitas Ca 92024 7p 209-041-25-16 Arthur & Rebecca Brown 5741 Palmer Way Carlsbad Ca 92008 7q 209-041-25-17 Palmer Way Lie 5741 Palmer Way Carlsbad Ca 92008 7r 209-041-25-18 Palmer Way Llc 5741 Palmer Way Carlsbad Ca 92008 8 209-041-29 Daniels Cablevision Inc 5720 El Camino Real Carlsbad Ca 92008 9 209-060-56 Barber Barber 2416 Sonora Ct Carlsbad Ca 92008 10 209-060-57 Barber Barber 2416 Sonora Ct Carlsbad Ca 92008 11 209-060-61 Rancho Milagro LLC 1633 Mecca Dr La Jolla Ca 92037 12 209-110-06 Leissa J & Daniel Kalas 2416 Badger Ln Carlsbad Ca 92008 13 209-110-07 Robert J Bridge 2412 Badger Ln Carlsbad Ca 92008 14 209-110-08 Patrick & Jeany Mcavoy 5480 Foxtail Loop Carlsbad Ca 92008 15 209-110-09 Charles R & Michelle Wilmot 5476 Foxtail Loop Carlsbad Ca 92008 16 209-110-10 James L & Martha Coburn 5472 Foxtail Loop Carisbad Ca 92008 17 209-110-11 Eric M & Jennifer Loper 5468 Foxtail Loop Carlsbad Ca 92008 18 209-110-38 Ryan J Dahl 5463 Foxtail Loop Carlsbad Ca 92008 19 209-110-39 Robert C & Lisa Otoole 5467 Foxtail Loop Carlsbad Ca 92008 20 209-110-40 Chris Engelsman 5471 Foxtail Loop Carlsbad Ca 92008 21 209-110-41 Carlos A & Mary Sanz 5475 Foxtail Loop Carlsbad Ca 92008 22 209-110-42 Jack P Berkowitz 5479 Foxtail Loop Carlsbad Ca 92008 7/15/2004 L-1054 Fox/IVIiller Parcel Property Owner's List Page 2 of 4 Number Parcel Owner Address City/State Zip 23 209-110-43 Tr Craig 5483 Foxtail Loop Cartsbad Ca 92008 24 209-110-44 Tr Musgrove 5487 Foxtail Loop Carlsbad Ca 92008 25 209-110-45 Jose E & Mercedita Deluna 5491 Foxtail Loop Carisbad Ca 92008 26 209-110-46 Alan W & Debrah Beekman 5495 Foxtail Loop Cartsbad Ca 92008 27 209-110-47 Stephen W & Michele Cullen 2403 Badger Ln Cartsbad Ca 92008 28 209-110-48 Bobby D & Maria Balolong 2407 Badger Ln Cartsbad Ca 92008 29 209-110-49 Alexander B Peabody 2411 Badger Ln Cartsbad Ca 92008 30 209-110-50 Madhusudan 2415 Badger Ln Cartsbad Ca 92008 31 209-110-51 Justin E & Rayna Matsushita 2419 Badger Ln Cartsbad Ca 92008 32 209-110-52 Tr Dutta 2423 Badger Ln Cartsbad Ca 92008 33 209-111-01 John & Dalys Stevenson 5499 Foxtail Loop Carisbad Ca 92008 34 209-111-02 Gerald G Maclellan 5503 Foxtail Loop Carisbad Ca 92008 35 209-111-03 Andrea C Deroze 5507 Foxtail Loop Cartsbad Ca 92008 36 209-111-04 Sandra L & Steven Fairchild 5311 Foxtail Loop Cartsbad Ca 92008 37 209-111-05 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209-112-08 Brtan & Stephanie Ramseier 5513 Coyote Ct Cartsbad Ca 92008 94 209-112-09 Sudhesh M Mysore 5517 Coyote Ct Cartsbad Ca 92008 95 209-112-10 Bruce W & Donna Kaplan 5521 Coyote Ct Cartsbad Ca 92008 96 209-112-11 Raymond D & Adela Lindeman 5525 Coyote Ct Cartsbad Ca 92008 97 209-112-12 Martin G & Jennifer Woodford 5529 Coyote Ct Cartsbad Ca 92008 98 209-112-13 Russell C & Susan Holmes 5533 Coyote Ct Cartsbad Ca 92008 99 209-112-14 Ann D Allen 5541 Coyote Ct Cartsbad Ca 92008 100 209-112-15 Henry L & Peggy Sanchez 5545 Coyote Ct Cartsbad Ca 92008 7/15/2004 L-1054 Fox/Miller Parcel Property Owner's List Page 4 of 4 Number Parcel Owner Address City/State Zip 101 209-112-16 Lawrence A & Donna Bilek 5549 Coyote Ct Carisbad Ca 92008 102 209-112-17 Neal R Hoss 5553 Coyote Ct Cartsbad Ca 92008 103 209-112-18 Martin E & Marilyn Gold 5557 Coyote Ct Carisbad Ca 92008 104 209-112-19 Joseph M Lauer 5561 Coyote Ct Cartsbad Ca 92008 105 209-112-20 Jerry & Margaret Pastor 5565 Coyote Ct Carlsbad 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I-CARLSBAD 1 9601 WILSHIRE BLVD BEVERLY HILLS CA 90210 124 212-062-18 KW FUND I-CARLSBAD 1 9601 WILSHIRE BLVD BEVERLY HILLS CA 90210 125 212-120-34 EQBP-ILLC 800 SILVERADO ST 300 LA JOLLA CA 92037 126 212-130-37 TMG PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 127 212-130-40 TMG PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 128 212-130-41 TMG PROPERTY 475 W BRADLEY AVE EL CAJON CA 92020 129 212-130-50 DEI LLC PO BOX 1388 VISTA CA 92085 130 212-130-51 DEI L L C PO BOX 1388 VISTA CA 92085 1 IM City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. (S) P.C. AGENDA OF: August 3, 2005 Application complete date: August 3, 2005 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: CT 00-20x2(AVSUP 00-l0x2fA)/HDP 00-llx2(A)/HMPP 05-05 - FOX MILLER PROPERTY - Request for a one year Tentative Tract Map Extension and a one year extension and amendment to the Special Use Permit and Hillside Development Permit and a Habitat Management Plan Permit for the Fox Miller Property located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5935 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 5936, 5937, 5938 and 5939 APPROVING CT 00-20x2(A), SUP 00-10x2(A), HDP 00-llx2(A) and HMPP 05-05 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The current property owner, Fenton Carlsbad Research Center LLC, of property identified as the Fox/Miller property (CT 00-20) has requested a one year Tentative Tract Map (CT) extension and a one year extension and amendment to the Special Use Permit (SUP), Hillside Development Permit (HDP) and a Habitat Management Plan Permit (HMPP) for a five-lot industrial subdivision on a vacant parcel adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard. This proposed amendment would change the proposed manufactured slope along El Camino Real to a near vertical 44 foot tall retaining wall structure for the preservation of a critical population of thread leaved brodiaea (brodiaea filifolia), a narrow endemic plant species. The HMPP is required for the approval of the "take" of sensitive plant species associated with the project. III. PROJECT DESCRIPTION AND BACKGROUND The project applicant is requesting a one-year Tentative Tract Map extension to allow time to continue processing. The approved project is for the subdivision of a 53.65-acre parcel into a five-lot industrial subdivision, including one open space lot. The project is generally located adjacent and west of El Camino Real, north of Faraday and south of College Boulevard. The Tentative Map was approved by Planning Commission Resolution No. 5240, on September 4, 2002. On November 3, 2004, the tentative map was extended for a one-year period to September 4, 2005, by Planning Commission resolution No. 5773. On January 19, 2005, the Planning Commission approved a Tentative Map Amendment (CT 00-20x1 (A)) to modify a condition regarding the timing of a United States Fish and Wildlife Service (USFWS) permit to be required c^)/HDP 00-1 lx2(A)/HMPP 05-05 - F(^^ CT 00-20x2(A)/SUP 00-10x2^)/HDP 00-1 lx2(A)/HMPP 05-05 - FOXMILLER PROPERTY August 3,2005 Page 2 prior to grading permit rather than prior to final map. The current requested map extension will allow the applicant time to continue processing the grading and improvement plans as well as secure agency approvals for the biological impacts. The request will also extend the associated SUP and HDP Permits. A SUP amendment and HDP amendment are being requested for the replacement of a previously approved 1.5:1 manufactured slope to a near vertical 44 foot tall masonry fie-back wall system on a project previously approved to subdivide and grade 53.65 acres of land into four lots for industrial uses and one open space lot. The property is located adjacent and west of El Camino Real, between College Boulevard and Faraday Avenue. Subsequent to the project's approval, a number of changes have been made to the project design, initially to comply with storm drain and water detention requirements and water quality regulations, and more recently to comply with the requirement to impact no more than 5 percent of the brodiaea population on-site. The Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP) stipulate that impacts to brodiaea cannot exceed a gross cumulative loss of 5 percent of the critical narrow endemic populations within the jurisdiction. Subsequent to the project's original approval, the brodiaea on the Fox-Miller site has been identified as a critical narrow endemic population as it is the largest knovra population in the City of Carlsbad. The joint take permit issued for the HMP by the U.S. Fish and Wildlife Service (USFWS) and Califomia Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea only if the proposed Fox-Miller plan were revised to comply with the MHCP and HMP. With the approval of this project, the City would receive coverage for brodiaea in the HMP. The modified project proposes to construct a retaining wall in lieu of the originally proposed 1 .5:1 manufactured slope. There is a significant population of brodiaea that would be impacted by the proposed slope required for the widening of El Camino Real. The purpose of the wall is to preserve the brodiaea which would be less impacted by the retaining wall structure than the slope. The wall would begin on the northerly side and 130 feet west of El Camino Real. The wall would be constructed to the comer of El Camino Real and Salk Avenue and then continue roughly 375 feet northerly along El Camino Real for a total length of 504 feet. The maximum wall height would be 44 feet. Almost 175 feet of the mid section of the wall would be at least 40 feet in height and taper down at each end of the wall. The wall would have horizontal undulations to minimize the wall height, be more aesthetically appealing and to work around significant populations of brodiaea. To mitigate the negative aesthetics of the wall, the wall will be textured and colored to simulate the natural color and stmcture of the existing geologic strata. Landscaping will also be placed in landscape pockets to help obscure the wall. In the event that the Fox/Miller project were to not go forward, the future widening of El Camino Real by the City as a capital works project would be difficult to accomplish as a separate stand- alone project. The road-widening project alone would impact a much greater amount (100%) of the brodiaea in the project area, which could not be mitigated. Applicable Regulations The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: CT 00-20x2(A)/SUP 00-10x2 August 3, 2005 Page 3 2^; )/HDP 00-1 lx2(A)/HMPP 05-05 m FOTMILLER PROPERTY A. General Plan Planned Industrial (PI) and Open Space (OS) General Plan Land Use Designations; B. Planned Industrial Zone (Carlsbad Municipal Code Chapter 21.34); C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Hillside Development Ordinance (Carlsbad Municipal Code Chapter 21.95); E. Special Use Permit (Carlsbad Municipal Code Chapter 21.40); F. Habitat Management Plan compliance; and G. Growth Management Ordinance (Local Facilities Management Plan Zone 5). IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. Therefore, this section will cover the project's compliance with each of the regulations listed above in the order in which they are presented. A. General Plan Compliance The project complies with the applicable elements of the General Plan as illustrated in the table below: GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Land Use Plarmed Industrial/Open Space (PI/OS) Industrial lots for industrial/office uses and Open Space. Yes Circulation New development shall dedicate and improve all public right-of-way for circulation facilities needed to serve development. Additional dedication for a public road, El Camino Real median and frontage improvements. Yes Open Space 8c Conservation - Plarming and Protection To preserve, protect and enhance unique and desirable vegetation (B.l). To preserve up to 95% of the brodiaea population on site. Yes Open Space & Conservation - Special Resource Protection A city which makes every possible effort to preserve sensitive flora and fauna (A.7) and to protect threatened plant communities (B.l2). To preserve up to 95% of the brodiaea population on site. Yes CT 00-20x2(A)/SUP 00-10x^)/HDP 00-1 lx2(A)/HMPP 05-05 - F(^MILLER PROPERTY August 3, 2005 Page 4 B. P-M Zoning and Development Regulations The constmction of the wall in lieu of the slope is subject to the "design criteria" of the PM Zone. The project complies with all requirements of the P-M Zone as demonstrated in the following table: P-M ZONE COMPLIANCE STANDARD REQUIRED PROPOSED Design criteria: Comprehensive, imaginative, and innovative, embracing land, buildings, landscaping and their relationships. An irmovative wall design which will reflect the existing geologic strata of the site. Conform to all govenmiental agencies for the development area. Yes-USF&WS and CDFG are very supportive of the preservation of the brodiaea. Adequate open space, circulation and other pertinent amenities. Project provides increased open space, brodiaea plant protection and El Camino Real improvements. C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) The property owner has made a timely and complete submittal and staff has agreed to process the request for a one-year extension due to design issues with the project. Staff concurs with the applicant that the design situation has limited his ability to diligently pursue those acts required to obtain a fmal map for the subdivision. Staff has received the application and has scheduled the extension in accordance with the Subdivision Map Act and the Carlsbad Municipal Code. The proposed Tentative Map complies with all the requirements of the City's Subdivision Ordinance. All infrastmcture improvements, including fi-ontage and project related roadways and constmction of drainage, sewer, water, and reclaimed water facilities will be installed concurrent with development. The original conditions of approval cited in Plarming Commission Resolutions No. 5240, 5242 and 5243 are still applicable to the project. D. Hillside Development Ordinance (Carlsbad Municipal Code Chapter 21.95) The slope conditions along El Camino Real warrant the requirement of the Hillside Development Permit amendment. The applicant has submitted the required slope analysis and profiles that identify the slope conditions. Justifications for grading volumes and slope heights associated with Circulation Element roadways are provided below. The existing steep slopes along El Camino Real are to be cut back for sight-distance requirements. These slopes are to be reestablished at a near vertical surface, similar to the existing slope condition. The slopes, because of the geologic formation, have been found to be very stable with little potential for slope failure. This is also evident by the existing slopes which are very steep and which have remained in place for years without failure. CT 00-20x2(A)/SUP 00-10x2 August 3, 2005 Page 5 0 )/HDP 00-1 lx2(A)/HMPP 05-05 - FOXMILLER PROPERTY The project complies with the Hillside Development Ordinance as shown in the table below: HILLSIDE DEVELOPMENT ORDINANCE COMPLIANCE STANDARD PROPOSED PLAN COMPLIANCE Grading volumes > 10,000 cu yds/acre allowed if the project qualifies as an exclusion or modification per Section 21.95.130 and 21.95.140. 10,570 cu yds/acre including circulation roadways. Exclusion allowed for grading of circulation element roadways with an environmentally preferred alignment. Yes Maximum manufactured slope height: 40 feet. Project contains slopes (wall) over 40 feet in height for a Circulation Element roadway. El Camino Real. The wall is needed for the preservation of the thread- leaved brodiaea. Yes Contour grading: Required for manufactured slopes greater than 200 feet in length and visible from a circulation roadway, collector street or usable public open space. The proposed wall is undulated to provide variety in the face of the wall. Yes Screening of slopes. The wall is proposed to be faced with a simulation of the existing color and geologic strata of the exposed vertical cut condition. Yes Landscape manufactured slopes consistent with City's Landscape manual. The wall accommodates landscape pockets to allow for tree plantings to help screen the wall. Yes E. Special Use Permit A Special Use Permit is required for development within the El Camino Real Scenic Corridor Overlay Zone. The purpose of the overlay is to preserve the scenic qualities and maintain and enhance the appearance of the roadway through design concepts and development standards. This section of El Camino Real is defined as area four, located from College Boulevard south to Sunfresh Rose Company (Cassia Lane). It was anticipated that this area would be developed with business, research, and service complexes with a variety of architectural styles and the development standards were developed to create a campus appearance. It is noted in the standards that the area is on a plateau with the surrounding land falling away and that the views are not as well defined as the corridor area to the north. The project site is in a transition area from valley to plateau. The natural topography adjacent to El Camino Real in the northerly portion of the project will be preserved in its original state and the southerly portion, roughly one third, will be ahered. The northerly portion of the site. Lot Five, which is constrained with sensitive habitat, will remain in open space and retain the natural rolling hill topography adjacent to El Camino Real. This section of the project is very visible from southbound El Camino Real. The existing exposed cut c^)/HDP 00-1 lx2(A)/HMPP 05-05 - F(^^ CT 00-20x2(A)/SUP 00-10X2TA)/HDP 00-1 lx2(A)/HMPP 05-05 - FOXMILLER PROPERTY August 3, 2005 Page 6 slopes adjacent to El Camino Real are to be cut back to a near vertical condition. As discussed above, the wall is necessary to preserve the significant plant population of brodiaea. The face of the wall will receive a veneer treatment that will reflect the color and geologic strata ofthe existing slope condition. This type of treatment is more common on vertical type retaining wall stmctures. Examples of these can be found in the westerly slope of the Fomm shopping center in Carlsbad, the northbound lanes of Rancho Santa Fe in San Marcos, north of Melrose Drive, at the Solana Beach NCTD sub grade coaster station, and on the west side of southbound 1-15, south of Rancho Bernardo Road. An altemative wall design of a longer wall was reviewed and found not to be required as the wall did not preserve additional brodiaea plants, only additional open space. The negative aesthetics associated with the longer wall proposal lead to its dismissal. The placement of the proposed short (in length) wall design was also reviewed for optimal design benefits. The present location was dictated by the location of Salk Avenue, the sight distance required based on the location of Salk Avenue, and the placement of the wall in relation to the existing brodiaea plant populations. Any movement of Salk Avenue either northerly or southerly from the presently proposed location required the "take" of more brodiaea and exceeding the maximum "take" of 5 percent. The Scenic Corridor Standards allow deviations to the standards where practical application of the standards are not feasible and not in the best interest of good planning practices. Below are the required four findings for deviations to the standards and the support for the findings. A. Compliance with a particular standard is infeasible for a particular project. As discussed above, the project's wall design is to protect the Federally threatened population of brodiaea. B. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled. Portions of the scenic qualities of rolling hills will be preserved with the open space lot. As noted in the standards, the views from this site are not well defined. The replication of the geologic strata would mitigate the impacts of the wall. The placement of the wall does not bias the distant scenic qualities of the corridor. C. That the project will not have an adverse impact on traffic safety. The intersection spacing requirement for the placement of Salk Avenue is for traffic safety. The slopes along El Camino Real are to be graded to provide adequate sight distance for the intersection of Salk Avenue with El Camino Real. The wall design maintains the sight distance requirements and also preserves more habitat than a manufactured slope. D. That the project is designed to meet the intent of the scenic preservation overlay zone. The overlay zone is to supplement the underlying zone by providing additional regulations to preserve or enhance outstanding views, flora, and geology, or other unique natural attributes. The project is designed to preserve the characteristics of the El Camino Real corridor that are considered worthy of preservation. Significant areas of habitat are being preserved with the CT 00-20x2(A)/SUP 00-10x^)/HDP 00-1 lx2(A)/HMPP 05-05 - FC^MILLER PROPERTY August 3, 2005 Page 7 project and the wall will be treated to preserve the visual aesthetics of the existing geology. F. Habitat Management Plan compliance The Fox/Miller property is identified as a hard line area in the HMP. The hardline was established because of the known brodiaea plant population on the site. The Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad HMP stipulate that impacts to brodiaea cannot exceed a gross cumulative loss of 5 percent of the critical narrow endemic populations within the jurisdiction. Since the last surveys were conducted for the original approval of the project, the brodiaea on the Fox-Miller site has been identified as a critical narrow endemic population, as it is the largest known population in the City of Carlsbad. The rains of the 2004/2005-year reproduced a much larger plant population that previously identified. The total number of brodiaea corms is estimated at 7,522,288 or 94,028.6 square feet of vegetative cover. The project proposes to impact 371,494 corms or 4,644 square feet of brodiaea. The joint take permit issued for the HMP by U.S. Fish and Wildlife Service (USFWS) and Califomia Department of Fish and Game (CDFG) provided conditional coverage for thread-leaved brodiaea, provided only if the proposed Fox-Miller plan were revised to comply with the MHCP and HMP. If the revised project is approved, the City of Carlsbad would petition the USFWS and CDFG for coverage of brodiaea. The revised project preserves 95.1 percent of the brodiaea identified on site. The reduced project altemative that was developed includes the constmction of a retaining wall along El Camino Real. The wall would be constmcted using a tie-back wall design, which requires less grading behind the wall during installation, and less impacts to the brodiaea. An additional .52-acres of land and 558.1 square feet of brodiaea is preserved as a result of the added retaining wall. The implementation of the proposed project would impact a total of 4,644 square feet (0.11 acre) of brodiaea, which represents 4.9 percent of the population. Once it was determined that the design could meet the MHCP and HMP criteria for less than 5 percent impact, an impact analysis was conducted to assess the impacts to the remaining biological resources on the property. Impacts to Diegan coastal sage scmb and native grassland remain the same as previously presented. Impacts to non-native grassland were reduced by approximately 1.07 acre and impacts to brodiaea were reduced from 30 percent to 4.9 percent. The project meets the equivalency findings for the modifications to the HMP hardline areas in that there is a net gain of 1.1 acres of open space as a result of project modifications. Minor adjustments to Lot 1, the lot surrounded by open space, have been made to further reduce impacts to the brodiaea. The adjustments are considered minor and are in substantial conformance with the approved tentative tract map (CT 00-20) and do not require a tentative tract map amendment. Presently there is an interim urgency ordinance (NS-733, November 9, 2004) that establishes temporary land use controls to protect sensitive biological resources in conformance with the recently approved Habitat Management Plan. Section four of the interim ordinance states that the HMP shall take precedence if inconsistencies between the HMP and the existing Zoning Ordinance occxxr. This allows development standards for projects to be modified for compliance CT 00-20x2(A)/SUP 00-10x2(A)/HDP 00-1 lx2(A)/HMPP 05-05 - MILLER PROPERTY August 3, 2005 Pages with the HMP. The project presently complies with the zoning ordinance and the HMP and no standards modifications are required. G. Growth Management The Special Use Permit and Hillside Development Permit amendments for the revision to the project do not impact the services or facilities related to growth management. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the Califomia Environmental Quality Act (CEQA). Staff prepared a subsequent Mitigated Negative Declaration for the project which addressed only the issues related to the increase in severity of the previously identified habitat impacts and concluded that potentially significant impacts could result in the areas of biological resources, geology and aesthetics. Project specific mitigation measures are proposed for biological resources, geology and aesthetics. Please see the Environmental Impact Assessment Form - Part II for a detailed description of the mitigation measures and the expanded justification for the recommendation to approve the Mitigated Negative Declaration. In consideration of the foregoing, on June 8, 2005, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration and Mitigation Monitoring and reporting Program for the proposed project. The environmental document was noticed for a 30-day review period and no comments were received. ATTACHMENTS; 1. Planning Commission Resolution No. 5935 (Mit. Neg. Dec) 2. Planning Commission Resolution No. 5936 (CT 00-20x2(A)) 3. Planning Commission Resolution No. 5937 (SUP 00-10x2(A)) 4. Planning Commission Resolution No. 5938 (HDP 00-1 lx2(A)) 5. Planning Commission Resolution No. 5939 (HMPP 05-05) 6. Location Map 7. Disclosure Statements 8. Full Size Exhibits "A" - "L" dated August 3, 2005 9. Planning Commission Resolution No. 5240 (CT 00-20) 10. Planning Commission Resolution No. 5773 (CT 00-20x1) 11. Planning Commission Resolution No. 5811 (CT 00-20xl(A)) 12. Planning Commission Resolution No. 5243 (SUP 00-10) 13. Planning Commission Resolution No. 5775 (SUP 00-10x1) 14. Planning Commission Resolution No. 5242 (HDP 00-11) 15. Planning Commission Resolution No. 5774 (HDP 00-11x1) 16. Reduced Exhibits SITE FOX MILLER PROPERTY CT 00-20x2/SUP 00-10x2(A)/ HDP 00-11x2(A)/HMP 05-05 Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicants statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The foilowing information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Person IS defined as An^ induidu^l firm co partnership joint V(.nture as''ocutioi social club fraterna orjanzdi n ror[.Odtf 1 es)*cite trust rcccvi.r s nJicate in'his ana an, other county cit> a id count/ city municipe^liK di tn lor ctr cr I c litici.1 ubdivi K n or any o'hi,r gicup or combination acting as a un t Agents nf> «!ign this document hove\.or the I S'JI n'inie and entity rf the applicant qnd p opcr* cnor mu • tf 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application, if the applicant includes a corporation or partnership, include the names, titie, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part fkAjfVU CAUSMOI C.^S^/'hfiCjf OSA^TJO^ LXJZ^ Title Titie Address Address i^ETno^L/r^AJ (Oe.. 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part f^CAJW*^ Cf^^lLLt^AQ e^fe^ta-f- C^MT^H-LC^ Title Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner Sigjiature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 TENTATIVE SUBDIVISION MAP FOB FOX-MILLER PROPERTY CT 00-20 HDP 00-11 ZC 00-07 GPA 00-05 Sin' 00-10 PIP 00-02 cmiENGmssR 2-4 UM namrr lue EL CAWNO REAL (NORTHERLYPORTION) m SCALE EL CAMINO REAL (@ DECELERATION LANE) NOSCALE ^DRAWINGS jst-j earerouuav m-t aneFQUnmw X7-4 cnrerouKsm tsm-t earner am Ka mrnrmcFiorrermcMAemmKmi counr OF sm oen sartrouFomiieeamfJvitiFmaBBrmmfVPitK <mcE<r we eoumrmxiteicrsiuieao count MiiBmit^ MM SALK AVENUE (PROPOSED. PVBUC) INDUSTRIAL STREET ©2005 O'Oay Consuftnn^s. Inc. FOUe IN SUBSTANTIAL CONFORUANCE TfflP GSNERATTON CHART faAcms mo 2X4ACXS KKO m MB M€ HOT JO BE mo fat HBFBBHm. m icracv suMtrarnma. BENCHMARK: oaanat ^zS'satmammBOKtur FHBWBt Mr a MS SHEET 1 OF 7 SHEETS CONSULT T ^ DfSNNB) E*.. T.T£. (WE *lUIft_ PMUGCr HBK4_i£&_JM HQ.! ii*-i«a ENBMZR OF WMCi MIE jow P. SWOIMMOI MC HW SEE SHEET 4 V CT 00-20 • i 10380 HDP 00-11 ZC 00-07 'I1SS17 GPA 00-05 e SUP 00-10 s pn> 00-02 B£mmomfus»KfaimmBK£oii.r /M m mr 10 m om fm tmaim. or lenxMt juncrawm ®2005 O'Day Consultants, Inc. BENCHMARK: tEommi m ur aat m amm BOX mn «BM» ttmrm girorammiosmcr iZfMMM iM.43 Mm ma SHEET 3 Cff-7 SHEETS ^ (!i M s u t t hfu Y"^ DOMND TTA one jl*^ ™" DUNN —• ^"^ IH Wt PMdKiT \tm\ ilPTt nt wkUltUU— t. u w a u I. 1 i 5 imuMrMHiaM aaa^Mtv aOMER OF KMK IME: JOHI P. SmMMGEI MC 9Sia7 m X X LJJ o o o o < z < I— CD =) ®2005 O'Doy Consultants. Inc. SHEH 4 OF 7 SHEETS —& 6 »J & U L T A^i V% nwecT MMtf..,tfA.,.. JM mUtblOL- EMtMEII OF MNb IMC jow P. snvHWEet M& »«7 •Q X X UJ o < i o o < I— z < h-(/) CQ 00 CT 00-20 HDP 00-11 ZC 00-07 GPA 00-05 ^^SUP 00-10 'n> 00-02 (£>200S O'Dqy Consuttants, Inc. NOTE H BsnrnMomfusMt Ttrair MDAimmrjorus OK maaiL sm lerawm BcsorwaitsETis'aaemBiuiimmMUT ,^^^^^\ aoaat larm aBcer ntm mt too an SsfW ^^^^ moma (Kmrn arrCFomLmosaner vaSjww^tfy SHEET 5 OF 7 SHEETS nnuKir uBiu^-U&—JOB M-IM MM iKHMMBtR MC ttll^ m X X LJ L±J O z < O o o < I— z < to CQ CT 00-20 IP 00-11 ZC 00-07 GPA 00-05 SUP 00-10 \pn> 00-02 (S)2005 0'D(^ Consultants, Inc. WSJ BEcwKm DATA Fus tM nm ftmBiBE m.r AMO AK mno m USD fOR HOtzanM. or nraoK juncrawoRZ scMc t*- «r nmn WTKW PMJBT ym.. iPA ji» NOUHzMl— u u PI a u L 1 1 ^ owaa CF woMCt OOC u u PI a u L 1 1 ^ XM p. snoMwoi Kc astn CD X X o z < i o o < I— z < I— 00 Z) (/) ©2005 O'Doy Consultants, Inc. HMG ( ROUN < O C •BFfTtairmr.'Bispmifmi IllDUS'ltU.STSlMT '2L PROFILE: SALK AVENUE SCALES: HORIZONTAL I'=100' VERTICAL 1 "=10' DESIGN SPEED 30 MPH STOPPma SIGHT DISTANCE 200' INDUSTRUL STREET CT 00-20 HDP 00-11 ZC 00-07 GPA 00-05 SUP 00-10 PW 00-02 FOUNO M SUBSTANHAi. CtMFOnUNCE M1E__ uMTHBKWBaiH Hi mXM. MHOPM. BNMBI BENCHMARK: saamt m if aat H muua KM MET EtSWK/V OOUOUt UK ll^l xtanst IKmrnarfiramsvesmEf Eimwat Mtf auutme SHOT 7 or 7 SHOTS •XSMMO 9t. T.LC. tWCjUUIIB__ PWJGCr Mat.: ifj^ JM H(LUtfc:ig|l_ ENOHEBI OF WMC •MC JOHN P. SIROMWEBt MC 99WT m X X LLJ o ii o o < z < C/O rn EXISTINS htEPIAN PUANTINS PALE0NT0LiP©r/iSEC>L06Y NATURAL LABORATORY SITE EXISTING MEDIAN PLANTINS PLANT LEcSEND ACCENT / PROJECT IDENTITY AREAS (Zone I) EL CAMINO REAL (Zone 2) EL CAMINO REAL SLOPE PLANTIN& (Zone 1) SALK AVENUE - STREET AND SLOPE PLANTING (Zone 2) INTERIOR VIEW SLOPE AREAS (Zone 2) PICNIC AREA (Zone 2) EXTERNAL/TRANSITIONAL SLOPES (Zone 3) Landscape Concept Flan SWLE !' • \00' DRAW* rn jx/T.*. SHEET 1 OF S Landscape Concept Flan - Lot I$5 Study Area It N iff atf aoMA r - ^^o'-o• I ff rs vs ao PROPOSED SCULPTED SOIL NAIL WALL EXISTING SLOPE .. 1 PROPOSED SCULPTED SOU. NAIL WALL.,, EXISTING SLOPE , • .e-.^ff.a.fTJ.'-i-*-:-'^ SLOPE CUT CURRENTLY APPROVED BV THE CITY ... OF CARLSBAD 12'-0" ^ 12'-0" I 12'-0" I 12'-0" I B'-O" js'-O"^ 13'-0- 92'-0" EL CAMINO REAL AA CROSS SECTION - SOIL NAIL WALL EL CAMINO REAL BB CROSS SECTION - SOIL NAIL WALL EL CAMINO REAL PLAN VIEW - SOIL NAIL WALL SECTION CUTS Landscape Concept Flan - Cross Sections HOi 300H City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No P.C. AGENDA OF: November 3, 2004 Application complete date: August 27, 2004 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: CT 00-20xl/HDP 00-llxl/SUP 00-10x1 - FOX MILLER PROPERTY- Request for a one-year extension of time for a Tentative Map, Hillside Development Permit, and Special Use Permit for the Fox Miller Property located adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard in Local Facilities Management Zone 5. L RECOMMENDATION That the Planning Commission ADOPT Plaiming Commission Resolutions No. 5773, 5774, and 5775 APPROVING a one-year extension of Carlsbad Tract CT 00-20, Hillside Development Permit HDP 00-11, and Special Use Permit SUP 00-10 based upon the findings and subject tp the conditions contained therein. IL INTRODUCTION The current owner of Carlsbad Tract CT 00-20, Fenton Carlsbad Research Center LLC, has requested a one-year time extension for the Tentative Map (CT), Hillside Development Permit (HDP) and Special Use Permit (SUP) for a five-lot industrial subdivision on a vacant parcel adjacent and west of El Camino Real, north of Faraday Avenue and south of College Boulevard. This proposed one-year extension of Carlsbad Tract CT 00-20 would allow the final map to be filed after the applicant completes the fmal design of the project and satisfies the conditions of approval. III. PROJECT DESCRIPTION AND BACKGROUND The applications propose the subdivision of a 53.65-acre parcel into a five-lot industrial subdivision, including one open space lot. The 20.4-acre open space lot preserves a significant amount of sensitive habitat found on the property. The project is generally located adjacent and west of El Camino Real, north of Faraday and south of College Boulevard. The project includes the widening of El Camino Real to three lanes along its frontage and the extension of Salk Avenue from its existing eastem terminus to El Camino Real. The applicant is requesting that the CT, HDP and SUP be extended for one year to September 4, 2005. The CT was approved by Planning Commission Resolution No. 5240, the HDP by Resolution No. 5242, and the SUP by Resolution No. 5243 on September 4, 2002. At the same time, an application for a Planned Industrial Permit, PIP 00-02, was approved by Planning Commission Resolution No. 5241. The PIP will be extended by the Planning Director administratively after Planning Commission action on the CT, HDP and SUP. CT 00-20xl/HDP 00-11x1/, November 3, 2004 Page 2 'SnP 00-10x1 - FOX MILLER PROPERW The current owner, Fenton Carlsbad Research Center LLC, acquired the property from the previous developer of the Fox Miller Property. The applicant has made a timely and complete submittal and staff has agreed to process the request for a one-year extension due to design issues with the project. Staff concurs with the applicant that the design situation has limited his ability to diligently pursue those acts required to obtain a final map for the subdivision. Staff has received the application and has scheduled the extension in accordance with the Subdivision Map Act and the Carlsbad Municipal Code. The proposed Tentative Map complies with all the requirements of the City's Subdivision Ordinance. All infrastructure improvements, including frontage and project related roadways and construction of drainage, sewer, water, and reclaimed water facilities will be installed concurrent with development. The original conditions of approval cited in Planning Commission Resolutions No. 5240, 5242 and 5243 are still appUcable to the project. IV. ANALYSIS The applicant has been diligent in pursuing all items requested for the Tentative Map Extension. The project remains in compliance with current codes, policies and growth management requirements as conditioned. V. ENVIRONMENTAL REVIEW This project was originally approved with a Mitigated Negative Declaration (Planning Commission Resolution No. 5237). Staff has reviewed the request for the one-year extension of the CT, HDP and SUP and the Planning Director has determined that the project is still in compliance with the prior environmental documents. ATTACHMENTS: 1. Planning Commission Resolution No. 5773 (CT) 2. Planning Commission Resolution No. 5774 (HDP) 3. Planning Commission Resolution No. 5775 (SUP) 4. Location Map 5. Request for Tentative Map Extension 6. Disclosure Statement 7. Planning Commission Resolution No. 5240 (CT 00-20) 8. Planning Commission Resolution No. 5242 (HDP 00-11) 9. Planning Commission Resolution No. 5243 (SUP 00-10) 10. Reduced Exhibits SITE FOX MILLER PROPERTY CT 00-20x1/HDP 00-11x1/SUP 00-11x1 lodiuig Design Group, inc. July 16, 2004 Glenn Pruim City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: TENTATIVE MAP EXTENSION REQUEST FOR CARLSBAD OAKS NORTH CT 00-20 (PIP 02-02, HDP oo-ii AND SUP 00-10) (LADWIG DESIGN GROUP, INC. JOB NO. L-1054) Dear Glenn: This is a request for a 1 year extension of CT 00-20 (Fox/Miller) per Code Section 20.12.110. The Tentative Map and other applications were approved on September 4, 2002. Code Reminder #68 of CT 00-20 states that the Tentative Map will expire 24 months from the date the Tentative Map approval became final (September 4, 2002). The Engineer of Work - O'Day Consultants - is actively working with your staff in the 3"^ plan check. Our goal is to record the final map without needing the extension. Because of our close timing and limited window to record the final map, we are requesting this extension. Please accept this request along with our check in the amount of $1,900.00 as our request for a 1 year extension of CT 00-20 and the other application for Fox/Miller. I have attached all items noted on your tentative map extension checklist. Sincerely, LADWIG DESIGN GROUP, INC. RECEIVED Robert C. Ladwig, President JUL 1 6 2004 RCL:jbk ENGINEERING Enclosure DEPARTMENT cc: Allen Jones, John Strohminger, O'Day Consultants 703 Palomar fiirport Rood • Suite 300 • Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any mdividual, firm, co-partnershrp, joint venture, associatioii,-social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in tiiis and any otiier coimty,-city and-^oimtyj city municipality, district or otiier political subdivision or any otiier group or combination acting .as a imit" Agents n^y sign this document; however, flie legal name and entity the applicant anAproperty owner most be provided |)elflw. 1. APPLICANT (Not the applicant's agent) Provide the COMPLEllE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the • names, title, ad(i-esses of all individuals owning more than 10% of the shares.-IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) /^A/p/U CAIUJ;S^O /2£si?ts,n.c(f. <^^i^,LCC • Corp/Part t>^| \^.Cy. Ftt<A.AoM Ce>yM.^aM*^ ^KAM*^ *r Title V^vcfc fyresoiaM:^ Person MW Title V>'v'c& pv«5:A4" Address <V»A> Die^o.CA. '?Z/<gjP^ Address "7 5'8)g) Me-4vo|>DU'UK t)vx'v'g- OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titie, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- ovmed corporation, include the names, tities, and addresses of the corporate officers. (A separate page may be attached if necessary.) P-EKJTOA) CAe.cse'io <2^rx£4«^:tf cs.^mit.,LCc Person Corp/Parti>»j U^g^. Pev:^^ Cb>^i^^ ^ >Kiuu?t^^ Titie Address Title ^ Address <;/SsfJ nitf/^n\cA. <^i./0& (^t^vv-SYS eoC-V^. vMJsve. V^CAAA-S CL-W^S^ , • '•.•vm • 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 6P2-8559_. NON-PROFIT (^PANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Titie • Titie___ Address Address, Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes 2 No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above infonnation is true and correct to the best of my knowledge, ^Sjgfiature^;d^wner/date Sign^dire of^hcant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if apphcable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 FOX-MILLER PROPERTY TENTATIVE MAP COMPOSITE cr 00-20 HDP 00-11 ZC 00-07 GPA 00-05 .WP 00-10 PIP 00-02 BUCCOLA ENGINEERING, inc il*2 Vittm »f»r m. VmmMt. CA tTttM fMWMi tx>sstir*st LADWIG DESIGN GROUP. INC. uiipiiov.tt trrmirmyasmtfiie V » rm AUGUST 20,2002 SHEET 1 OF 1 SHEETS .tvGtsr It. IMl TENTATIVE MAP FOR FOX-MILLER PROPERTY LEGAL DESCRIPTION: SHEET PAiEy xrmrr D^nnrncrv (SOtnmKLY JHVIIMW} W .«•«£ smr JMT NQH- > wr nwnc TO K MMMNKD *T CfiOtOt/ VU NiEnccnON. EL CAMINO ttlAL ((A DECELERAimi LL'/Ef ic*t \vf/-r / MAP SCALE: r~20l)' (fKOTHKEU. PimUC) INDUSTRIAL STREEF nilT.tMkmiHJNI-MKI lyKSCRIPTDR S2U LAND USE lyKSCRIPTDR S2U IKK IS rurK. lyKSCRIPTDR S2U w out on ivpirsTitMr.ai! ra JUV '.V «m JK mx utLta mvarr ••• sonHCKommxMmr: n£u»mAiiy Tine ncronT k£FcitE.scEDtjrmni. nKt. KOI K me ttmcM of: BUCCOLA ENCINEERING, inc il4! ntm War. .Mtt Ml. nvBAfUn. V.I •Jtf.'* LADWIG DESIGN GROUP. l\C. On-hERS: Gotnost rm MiKK T. mUK .vaao.'iUtai LLC. 1 CTOTp*; «>JDnr «.*v)>jBar;viW)v_ LEGESV rMmntJ> miliar ueiir - aasiif-v Slow iww, rxoroseo »atwiM« _ ttom ASSESSOR S PARCEL NV\aER: CT 00-20 HDP 00-// ZC 00-07 GPA 00-OS SUP 00-10 PIP 00-02 - CMLSiMflVMFlSfXIKXJLUBTXXT . .t« PMW* 0*5 w aecTJK- . MS tt LOT 2 CBM« UJT A ft < AC At wan sr.itiiutrf- KJTIX.H SLOPES, rj JC rvimitG Cttajr.ii. IT.K oivx .VtCK < tKDfoKn tat/uLu. rtdnvnt/sr.xx.- .v/jc' X niDicAnox a-tsTmx tJt JC ffciK MnoEc Kinrrs r.t MIM nctrtto Mtrf.,wf CI' 00-20 HDP 00-11 ZC 00-07 GPA 00-05 SUP 00-10 PIP 00-02 BUCCOLA ENGINEERING, inc JUI nut iffv. *t/w »/. Cl y.'o.'d LADWIG DESIGN GROUP, INC. WWAT J o^' 7 WMwn CT 00-20 HDP 00 -11 ZC 00-07 GPA 00-OS SUP 00-10 PIP 00-02 BUCCOLA '^""^ ENGINEERING, inc SUl nan Ifa*. Kl. timvUn. Cf VJK'lt »r nil V^-'r"^ lUiii \i r m 4iw-yr I*, 3MI si/fitir s OF 7 vrtinn Lciduiig Design Group, inc FOX/MILLER L-l059 10/12/00 WEST FROM EL CAMINO REAL TO SALK AVENUE SOUTH ALONG EL CAMINO REAL 1 of 3 Photo taken 9/8/00 703 Palomar Rirport Rood • Suite 300 • Carlsbad. California 92009 (760) 438-3182 FRX (760) 438-0173 Lciduiig Design Group, Inc. SOUTH ALONG EL CAMINO REAL EAST FROM EAST END OF SALK AVE. 2 OF 3 Photo: dated 9/8/00 703 Polomor Rirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FRX (760) 438-0173 Loduiig Design Group, inc. EAST FROM EAST END OF SALK AVE TO EL CAMINO REAL SOUTH EAST FROM EAST END OF SALK AVE. 3 OF 3 Photo: dated 9/8/00 703 Polomor Rirport Rood • Suite 300 • Corlsbod, Colifornio 92009 (760) 438-3182 FRX (760) 438-0173 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 20 c. Count vegetative and flowering at one or more occurrences, simultaneously counting flowering at surrounding occurrences, and use flowering percentage to obtain estimates of vegetative production for the surrounding occurrences d. Modeling vegetative production through sub-sampling both vegetative and flowering counts, and applying these to surrounding occurrences by using flowering counts Method “d” may only take one or two count-years, depending on whether nearby occurrences appear to line share a similar relationship between vegetative and flowering production. It is necessary, then, that method d be carried out cautiously, since during many years, nearby occurrences do not share a similar flowering ratio, as revealed in this research. There was only one year of the four consecutive years of counts, where both macroplots 1 and 3 shared similar relationships between flowering and vegetative counts (Figure 11). Removing herbicide belts from regressions does not change this pattern for any years. It is most likely that the years following drought (2007) may be the best years to estimate vegetative production from flowering production, as 2008 produced a very high flowering percentage at both macroplots, neither of which flowered during 2007. Figure 11. Vegetative production regressed with flowering production during 2008. Counts include herbicide belts. Response axis reversed for ease of interpretation. Vegetative count macroplot 1 = 2.4(flowering count) + 308, r2 = .74. Vegetative count macroplot 3 = 3.73(flowering count) + 67.1. Both slopes significantly > 0 (p<.001). Surprisingly, the grand average flowering ratio for the four consecutive years of this project where flowering occurred, is 10.2. There is much variation between macroplots (Figure 12) during most years of counting, indicating that although physical conditions are virtually identical, percentage of flowering can be drastically different between the two macroplots. The average being closely aligned suggests that corm age/size probably contributes to flowering time, and these differences may be least partially attributable to disturbance history, and/or the timing of population establishment. 2013 Final Report for the Herbicide Application of Fusilade II to Thread-leaved Brodiaea Page 20 c. Count vegetative and flowering at one or more occurrences, simultaneously counting flowering at surrounding occurrences, and use flowering percentage to obtain estimates of vegetative production for the surrounding occurrences d. Modeling vegetative production through sub-sampling both vegetative and flowering counts, and applying these to surrounding occurrences by using flowering counts Method “d” may only take one or two count-years, depending on whether nearby occurrences appear to line share a similar relationship between vegetative and flowering production. It is necessary, then, that method d be carried out cautiously, since during many years, nearby occurrences do not share a similar flowering ratio, as revealed in this research. There was only one year of the four consecutive years of counts, where both macroplots 1 and 3 shared similar relationships between flowering and vegetative counts (Figure 11). Removing herbicide belts from regressions does not change this pattern for any years. It is most likely that the years following drought (2007) may be the best years to estimate vegetative production from flowering production, as 2008 produced a very high flowering percentage at both macroplots, neither of which flowered during 2007. Figure 11. Vegetative production regressed with flowering production during 2008.Counts include herbicide belts. Response axis reversed for ease of interpretation. Vegetative count macroplot 1 = 2.4(flowering count) + 308, r2 = .74. Vegetative count macroplot 3 = 3.73(flowering count) + 67.1. Both slopes significantly > 0 (p<.001). Surprisingly, the grand average flowering ratio for the four consecutive years of this project where flowering occurred, is 10.2. There is much variation between macroplots (Figure 12) during most years of counting, indicating that although physical conditions are virtually identical, percentage of flowering can be drastically different between the two macroplots. The average being closely aligned suggests that corm age/size probably contributes to flowering time, and these differences may be least partially attributable to disturbance history, and/or the timing of population establishment.