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Home My WebLink AboutCT 02-28; La Costa Condominiums; Tentative Map (CT) (21)- STATE OF CALIFORNIA - Governor’s Office of Planning and Research State Clearinghouse and Planning Unit January 26,2004 Jan Boel Acting Deputy Director Arnold Schwarzeneggex Governor Saima Qureshy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-73 14 Subject: La Costa Condominiums - CT 02-28/SDP 03-18/CP 02-13MDP 02-14 SCH#: 2003121139 Dear Saima Qureshy: The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on January 21, 2004. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your fmal environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2003 121 139) when contacting this office. Sincerely, +-- Terry Robed Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACWENTO, CALIFORNIA 96812-3044 (916)445-0613 FAX(9161323-3018 www.opr.ca.gov 01/23/2004 17: 26 8586273984 DFG SO COAST PAGE 02/84 U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 60 10 Hidden Valley Road Carlsbad, California 92009 (760) 43 I. -9440 FAX (7611) 43 1-5902 + 9618 California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue ' San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-3859.1 II I -". ... : I MS. Saima weshy, Associate City of Carlsbad 163 5 Faraday Avenue Carlsbad, California 92.008 Re: Mitigated Negahve Declaration for the La Costa Condominim bject, City of Carlsbad, San Diego Comzty, California (SCH# 2003 121 139) Dear Ms. Qureshy: The US. Fish and Wildlife Service (Service) and the California Depaxtment of Fish and Game @epartment), collectively refwed to as the Wildlife Agencies, have reviewed the draft Mitigated Negative Dwlaration (MND), dated December 23,2003, for the above-refwenced project in the City of Ciulsbad (City), California. The City issued a cover letter with the MND that states the public re-giew period is fiom December 23,2003 to January 23,2004. The '* . Wildhfe Agencies have identified concern regarding the potential effects of this project on wildlife and regional ccmervation planning. The coments provided herein are based on the lnfomation provided in the MND and related documentation; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County; and ow participation in regional consemation planning efforts. The phary concern and mandate of the Sewice is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants omumng in the United States. The Shce is also responsible for administering the Federal Endangered Species Act of 1973, as amended (Act) (16 US .C. 153 1 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and I538 1, respectively. The Departmmt is responsible for the consemxtion, protection, and management of the state's biological resource^, including rare, threatened, and endangered plant and animal species, purixant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Prpgram (NCCP). The City is currently participating in the NC6P program haugh the preparation of a draft Multiple Habitat Conservation Program (MHCP) Habitat Management Plan. ~~ ~~ .01/23/2004 17: 26 8586273984 DFG SO COAST PAGE 03/64 Ms. Saima Qureshy (ErWS-SDG-3859.1) 2 The 8. IS-acre project site is located on the south side of La Costa Avenue between El Camino Real and Castilla Way, and is surrounded mainly by residential land uses, with patches of undeveloped land to the east and southwest. The project proposes a 58-unit condomiium complex. Vegetation corrununiti~:~ on site include coastal sage scrub/mixed chapanal (1.1 acres; CSS), annual grasslandllmdscqed (0.6 acre), landscaped land (2.7 acres), and disturbed land (3.6 acres). Protocol-level patcatcher surveys, 'conducted by Affinis in July 2002, were. negative. According to the MND, the proposed project will directly impact 0.3 acre of CSS, 0.6 acre of mud grasslandlandscaped, 0.5 acre of landscaped land, and 3.6 acres of disturbed land. Impacts to CSS are proposed to be mitigated through the acquisition of 0.3 acre of mitigation credit in a pre-approved mitigation area or mitlgation bank. The Wildlife Agencies offer the following recommendations and comments to assist the City in minimizing and mitigalkg project impacts to'biologcal resources and to assure that the project is consislmt with ongoing regional habitat conservation. 1. The MND states that the proposed project will directly impact 0.3 acre of CSS and assumes the remaining 0.8 acre of CSS on site is impact neutral. The proposed projeci will cause signi.licant indirect physical changes to that remnant patch by Mer isolating the already tenuous connection between the CSS on site and luga block of habitat to the west. Additiomtlly, small, edge effected patches of this habitat type would be expected to eventually lose long-term value. The issue of indirect effects is addressed in Section 15064 in the CEiQA Guidelines which states: "Tn evaluating the significance of the environmental effect of a project, the lead agency shall consider direct physical changes in the environmmt which may be caused by the project and reasonably foreseeable indirect physical changes in the environment which may be caused by the project." In light of the preceding information, the Wildlik Agencies recommend that City consider the significance of the indirect &pacts to.the remnant patch of CSS habitat, and propose mitigation pursuant to CEQA consiste& kith that decision. 2. The final MND should discuss how impacts to annual grassland will be mitigated. During a January 21,2004 phone conversation with Nancy Frost (Department), you confirmed that the City will require the applicant to mitigate impacts to annual grassland through the payment of an in lieu fee, a mitigation option that becomes effective following final itpptoval of the City's Habitat Management Plan, or acquisition of annual grassland at a mitigation bank at a 0.5:l-ratio: The breeding season for nesting birds occurs approximately February 15 through August 3 1; however, raptors may begin breeding as early as January. Several bixd species may nest in the habittit on site. If construction is planned during the bird breeding season, we recommend that the vegetation be cleared prior to the breeding season. Additionally, if construction occurs during raptor breeding season (approximately February 1 to August P 3. , PAGE 84/84 M 002 *. .: '- .. 6 3 Ms. Saima Qureshy (FWSSDO-3859.1) .. . .. 30, or July 3 1 €or Buteo spp.), a qualrfied biologist ghould conduct a pconslruction survey of the project site and surrounding habitat to determine whether there am active raptor ne&? within that area If m active neat is obiierved, we recomrnetid that a buffer be established between the construction activities and thc nest go that nesting activities are not mtemrpted. 'The buffer should be a minimum cd 500 feet and should be in effect as long as construction is occming and until the nest 16 no longer active. .. Please contact 'Kurt Roblek of the Service at (760)'43 1-944.0, or Nancy Frost of the Department at (858) 637-5511, if you have any questions or comments concerning this letter. Sincerely, a merese OVROWG Assistant Field Supervisor U.S. Fish and Wildlife Sckvice cc: State Cleatingharrse W William E. Tippets Deputy Regional Manager California Department of Fish and Game . * .. ,. . s. ' *,. . : . . .. > . ., .. , .- '