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Home My WebLink AboutGPA 09-07; Palomar Commons; General Plan Amendment (GPA) (12)::> BLUE CONSULTING GROUP D BIOLOGY - LAND LISE & - ErsixixLEiviErsiTS 5 t '0 August 17, 2010 City of Carisbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Attn: Mr. Van Lynch, Senior Planner Subject: Biological Resources Consultant Response to the Carisbad Watershed Network's Letter on Palomar Airport Commons Project Proposed Mitigated Negative Declaration (MND) Dear Mr. Lynch: This letter Is in response to the August 4, 2010 letter submitted by the Carisbad Watershed Network (CWN) regarding their assumption that a blue line channel (which CWN has identified as Encinas Creek) represented in the Thomas Brothers city map and the previously published Carlsbad Watershed Management Plan (2002, CWN) is extant onsite and runs through the proposed redevelopment footprint of the Palomar Airport Commons property. The historic blue line CWN refers to in the Thomas Brothers city map and their 2002 document represents historic remnant data taken from historic USGS topographic maps (series 1975; however the data utilized is reproduced from an even older series) which are out of date and no longer accurate as a result of the high level of recent and ongoing development in the area. As shown in the completed and submitted biological survey report (City of Carisbad, Palomar Commons Project; Biologically Sensitive Habitat Impacts and Mitigation, 2010; attached) the property is In a fully developed condition and supports no creek, no historic bed and bank remnant or blue-line creek (as stated by CWN). These field survey results fall in line with the approved City of Carlsbad Habitat Management Plan (HMP, 2006) vegetation maps (following page) as well as the County of San Diego vegetation maps which delineate this area as fully developed with eucalyptus woodland stretching along the properties northern boundary and hooking south; no creek or wetland/riparian habitat is identified onsite or flowing into the property. These formally approved and accepted findings contradict the CWN referenced document, the Carlsbad Watershed Management Plan dated 2002, which was notably prepared by CWN and stands as the only document which Incorrectly identifies riparian habitat (salt marsh) onsite. Furthermore, the area where the CWN document Identifies the riparian habitat Is not in the location ofthe historic blue line channel, but within the area Identified In the City HMP vegetation maps as supporting the original eucalyptus woodland which was planted by the initial developer in 1983. Because the property Is County of San Diego owned land, an additional study regarding the history of this historic blue line drainage (as it Is shown on USGS topography maps) was requested and submitted to the County. This report, a Historic Blue Line History for the Palomar Commons property (BLUE, 2010; attached), tracked the development history of the area and arrived at the accepted conclusion that the previously extant blue line channel was permanently removed with the development of the onsite H P.O. Box 501115 SAN DlECO,CA 92150 S858.39i.8i45 H MlKE(a)BLUECONSULTING.COM 9 Aggregated Vegetation I Coastal Sage Scrub Chaparral Southern Maritime Chaparral Grassland Wetlands I Eucalyptus Woodland I Disturbed Agricultural I Oak Woodland Developed I Riparian Scaib/Woodland/Forest Basemap Legend C»M J '^'^y of Carlsbad ^ Jurisdictional Boundaries 1^^"^^^ Freeway '""N^ Major Road ^•••s«.* River Feet 6,250 TAIC Baseline Condition of Vegetation^tommunit^s within HMP Preserve System PscMmanli iasalinBCandHian ' Oate, Aug 03.3007 • Palomar Commons Property Developed Eucalyptus Woodland Disturbed S. Maritime Chaparral City of Carlsbad HMP Vegetation Map Close-Up -2- Olympic Resort and Spa facility in 1983. Furthermore, it was shown that the adjacent property to the east, ^ where the historic blue line channel originated and is assumed to have collected and conveyed the historic agricultural water fiows, has since been mass graded; removing both the agricultural use (and irrigation '5 fiows) as well as the historic headwater ofthe channel which once, presumably, flowed into the Palomar ^ Commons property from the east. Due to the fact that this developed property and the surrounding street Improvements were designed and ^ mass graded to accommodate the public storm water flows onto the site from the three (3) Independent *^ public storm drain pipe outfalls, the approved Drainage Study (June, 2010) is accurate in its description of how the storm water and irrigation fiows are conveyed across the property. Specifically, the source of 3 these current flows Is not from an upper reach (to the north- east In this instance) ofthe Encinas Creek. As ^ the historic aerial analysis has shown, It is a fact that the Encinas Creek (as described by CWN) has no ^ northern reach beyond the southern Palomar Commons property line. 5 As the proposed project footprint Is within a fully graded, developed and maintained area, no native ^ sensitive vegetation habitats (including potentially Jurisdictional wetlands/salt marsh as described In the CWN document) were observed or are expected to be observed onsite. Therefore, the proposed Palomar Commons project will not potentially directly (through the proposed grading activities) or indirectly (with the implementation of the preventative mitigation measures as described In the approved Drainage Study and Storm Water Management Plan) impact the downstream reach ofthe Encinas Creek, the downstream watershed or the existing beneflcial uses. For impacts to the 1.4 acres of eucalyptus woodland identified onsite, a City of Carisbad Group F habitat, the required 1:1 acreage in-lieu mitigation fee shall be paid. Sincerely, Michael K. Jefferson President BLUE Consulting Group 3 S cc: Mr. Don Neu, Planning Director ^ H P.O.Box501115 SANDIEGO,CA92150 8858.391.8145 HMIKE@BLUECONSULTINC.COM 0 -3- ATTACHMENTS: City of Carlsbad, Palomar Commons Project; Biologically Sensitive Habitat Impacts and Mitigation Paiomar Commons; Historic Blue Line History ^ H P.O.Box501115 SANDIEGO,CA92150 S858.391.8145 HMIKE@BLUECONSULTING.COM '^0 ^9 9 BLUE CONSUL-TING CROUP BIOLOGY - LArsio USES.. - ErvtxiTLE/viENxs August 2, 2010 ^ Colton Sudberry 5465 Morehouse Drive Suite 260 ^ San Diego, CA 92121 ^ Reference: City of Carlsbad, Palomar Commons Project; Biologically Sensitive Habitat Impacts and Mitigation *»^ Mr. Sudberry, ««»^ This letter has been prepared in response to Van Lynch's, City of Carlsbad staff, request to identify the area of eucalyptus woodland impacts (proposed) and a determination regarding the existence of potential non-native grasslands to be impacted by the proposed Palomar Commons project. A biological survey was conducted within the Area of Potential Effects (APE) as weil as within footprint of the proposed ^ Palomar Commons project on March IS* and July 26'^ 2010 to identify the extent of the eucalyptus woodland to be ^ impacted and identify any potential non-native grasslands within the APE/project footprint. The site was walked on foot "«•' and resources mapped using a 2008 aerial photograph ofthe area. Existing Conditions The APE is inclusive of the approximately 17.1 acre project footprint of the proposed Palomar Commons project which is located at the south-west corner of the intersection of Palomar Airport Road and El Camino Real in the City of Carlsbad, San 0 Diego County. The property is owned by the County of San Diego (Department of Public Works, Airports) and is currently in a fully developed condition [City of Carlsbad Habitat Management Plan (HMP); Baseline condition of vegetation communities, 2007]. As County owned property, the proposed development must conform to the draft North San Diego 1^ County Multiple Species Conservation Program (MSCP). The project is located on two parcels; the parcel to the west has been fully developed as the San Diego County animai control shelter for the northern region and the parcel to the east was fully developed in 1983 as the Olympic Resort and Spa. This development included a hotel, parking areas, tennis courts, ^ swimming pool and golf driving range (maintained grass turf). The property is outside of an existing or proposed HMP Conservation Area and is not adjacent to any Preserve Areas. The ^ property is bounded on all sides by development; to the north by Palomar Airport Road and the Palomar Airport, to the west by the animal control shelter, to the east by El Camino Real and a business park and to the south by a business park and drainage channel (flowing south) fed by storm water from the surrounding streets and the existing development. In June of 2007 a Negative Declaration for the Western Athletic Club was approved and certified by the City of Carlsbad (Resolution No. 6315) for the property supporting the existing Olympic Resort and Spa. The Negative Declaration stated that ^ "No Impact" to biological resources would occur as a result of the re-development of the 15.9 acre Olympic Resort and Spa property. The approved work relating to this approved project was initiated but not completed. H P.O. Box 658 SAN MARCOS, CA 92079 S858.391.8145 HMIKE@BLUECONSULTING.COM -2- ^ In February of 2010 a demolition permit (No. CB090047) from the City of Carlsbad was issued for the Olympic Resort and Spa property and work is currently underway. ^ Sensitive Biological Resources As the APE and the proposed project footprint is within a fully graded, developed and maintained area, no natural/native sensitive vegetation habitats were observed or are expected to be observed. No rare, sensitive, narrow endemic, no-take or HMP covered plant or wildlife species were observed, or are expected to occur as a result of the graded and developed condition of the area. The area onsite which was graded and planted with sod to create the maintained driving range is ^ considered to be developed habitat; no sensitive non-native grassland habitat was observed. A review of the California Natural Diversity Database (CNDDB, 2009) indicates that Del Mar Manzanita {Arctostaphylos glandulosa ssp. crassifolia] and wart-stemmed ceanothus (Ceanothus verrucosus) were potentially historically observed in the area and onsite. As the area identified by the CNDDB as supporting these sensitive plant species in the area has long been heavily graded and developed ^ it is clear that the records are out of date. This existing developed condition is also true for the historic (outdated) USGS W topography map blue line which is shown to cross the property from flows originating on the east side of El Camino Real. A historic blue line waters study was completed to identify when the onsite blue line ceased to exist (attached). While no natural/native sensitive habitats were observed or are expected to occur onsite, one vegetation community ^ protected by the City of Carlsbad HMP was observed; eucalyptus woodland. Eucalyptus Woodland Eucalyptus woodland is a non-native community identified and protected by the City of Carlsbad as a HMP Group F habitat. It is dominated by various species of planted eucalyptus. The understory is poorly developed or absent owing to the toxic effect of the eucalyptus leaves that acts to inhibit the growth of other plants. Although this habitat supports no sensitive plant or animal species, it is often used for nesting by raptors and other birds, or for nesting by bats. A total of 1.4 acres of eucalyptus woodland (a Group F Habitat) would be permanently impacted (removed) by the proposed Palomar Commons project. ^ Mitigation Requirements -mf' As a City of Carlsbad Group F Habitat is proposed to be impacted (1.4 acres of eucalyptus woodland), mitigation is required to reduce the level of impacts to below a level of significance (City of Carlsbad- Guidelines for Biological Studies, 2008). This mitigation shall be completed as an acreage in-lieu fee (1:1 mitigation ratio). Therefore, fees shall be paid to the City of Carlsbad for the removal of 1.4 acres of Group F habitat. S As the eucalyptus woodland and/or other mature trees observed onsite may support nesting birds, mitigation measures to ^ avoid potential impacts to nesting birds is required. These measure are described below: % Clearing and grubbing activities are generally prohibited during the bird breeding season (February 15 - September 15). If ^ grading and/or removal of potential nesting sites are to occur during the nesting season, the USFWS must be notified at ^ least seven days before the clearing and grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impact areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. 0 Other initial construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures will be taken: m ^ H P.O. Box 658 SAN MARCOS, CA 92079 S858.391.8145 HMIKE@BLUECONSULTING.COM •ttt Surveys will be conducted by a qualified biologist in appropriate habitat for nesting raptors and migratory birds (including, but not limited to the least Bell's vireo) and within an additional 500-ft survey buffer within three days of construction. • The USFWS will be notified immediately of any federally listed species that are located during pre-construction surveys. • If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity will be prohibited within this area. • During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. If noise levels supersede the threshold, the construction array will be changed or noise attenuation measures will be implemented. The proposed development in conjunction with the stated mitigation measures reduces the potential impacts to a level below significance while conforming to the City HMP as well as the draft north county MSCP. If you have any questions regarding the information on biological resources and mitigation measures please contact me. Sincerely, Michael K. Jefferson President BLUE Consulting Group 3 ^ H P.O. Box 658 SAN MARCOS, CA 92079 S858.391.8145 HMIKE@BLUECONSULTING.COM 3 410 mt ATTACHMENTS - Project Aerial, 2008 Project Area Habitat Map APE/ProJect Impact Footprint Overlay Historic Blue Line Analysis H P.O. Box 658 SAN MARCOS, CA 92079 S858.391.8145 HMIKE@BLUECONSULTING.COM Area of Potential Effects (APE) I Project Footprint Property Aerial 2008 ] Project Footprint Area of Potential Effects (APE) Developed Area I Eucalyptus Woodland Offsite Southern Maritime Chaparral Offsite Storm Water Drainage Channel Palomar Commons Habitat Map ••••••••••••••••••••••••••••••• I Project Impact Footprint Area of Potential Effects (APE) Developed Area Eucalyptus Woodland Offsite Southern Maritime Chaparral Offsite storm Water Drainage Channel Palomar Commons Proposed Impact Footprint 00 San Diego, CA 92121 Re; Palomar Commons, Historic Blue Line History BLUE CONSULTING CROUP i\ BIOLOGY - LANO USE & • ENTIXLE/VIEN June 7, 2010 Mark K. Radelow Z SUDBERRY PROPERTIES, INC. ^ 5465 Morehouse Drive, Suite 260 •^ Mr. Radelow, As requested, I have prepared a general history and timeline relative to the occurrence of a blue line stream onsite as observed through a series of historic aerials. The aerials utilized are from 1953, 1964, 0 1980,1990 and 2008 (attached). These show that the USGS blue line identified in the area was initiated within active agriculture fields (likely artificially created from irrigation runoff and erosion). This natural topographic cleft extended approximately 1,500 feet to the west until it opened up and began to sheet fiowed into the unimproved El Camino Real (east ofthe property). ••tt Due to extensive grading and maintenance of the onsite developed facility, inclusive of piping storm ^ fiows, no onsite remnant bed and bank of this historic blue line occurs. Furthermore, due to the extensive deveiopment to the east of the property and the removal of agriculture whose irrigation likely contributed a majority If not all of the non storm event flows. This has consequently reduced the flow ^ coming onto the Palomar Commons property which allows any water to sheet flow through the area (as *' ultimately designed and graded to do) as opposed to having so much fiow that a natural cut bed and bank is eroded into place. Aerial #1 - 1953 ^ Onsite - Undeveloped. No clear incised channel connection picking up the fiows from the agriculture on the east side of El Camino Real. Appears to have power poles running N-S through the ^ area. '9 ^ Offsite - To the east side of El Camino Real is active agriculture (cleared land) and the head of the ^ historic blue line in the area, extending approximately 1,500 feet to the east. As seen in a comparison of the aerial and the 1975 USGS topography maps it can be seen that the channelization ofthe Irrigation fiows were following a natural topographic cleft that, in 1953, ^ was marginally farmed over, but not completely removed. As the agriculture irrigation fiows within the visible cut channel (historic blue line) approached the old El Camino Reai, they ^ dissipated and began to sheet flow to the intersection with the street. 5 H P.O.Box501115 SANDIEGO,CA92150 S858.391.8145 HMIKE@BLUECONSULTING.COM t •it 0 A 2 lane El Camino Real is present in generally the same position; no Palomar Airport Road to the north of the property. Aerial #2 -1964 Onsite - Undeveloped. No clear incised channel connection picking up the fiows from the agriculture 5 on the east side of El Camino Real. Appears to have power poles running N-S through the ^ area. Buena Sanitation approved sewer line through the property. Offsite - To the east side of El Camino Real is active agriculture (cleared land). The intensity of the farming has been increased since 1953 and the natural topography has been signiflcantly ^ altered. The previously occurring channel Is fliled over and Is no longer distinguishable from V the agriculture flelds. No sheet flow or erosion is visible either. Palomar Airport Road is ^ developed north ofthe property. Aerial #3 -1980 Onsite - Undeveloped. No clear incised channel connection picking up the fiows from the agriculture on the east side of El Camino Real. The Buena Sanitation sewer line has been installed across 5 the property, traversing N-S. Offsite - To the east side of El Camino Real is active agriculture (cleared land). The Intensity of the farming has again increased since 1964 and the natural topography has been significantly altered, again. The previously occurring channel is filled over and Is no longer distinguishable from the agriculture fields. Palomar Airport Road and El Camino Real have been Improved. The Palomar Airport property to the north has been graded as well as the portion ofthe final build-out to the south. 1983 - Onsite. The Olympic Resort is approved and built out over the entire parcel, inclusive of the area Indicated as supporting the historic blue line. A review of the documentation prepared for the approval of this development does not account for an impact to an existing 'blue line'. ^ The entire property was graded and no soft bottom bed and bank was created to convey ^ storm water flows. A combination of a 36 inch storm drain pipe and a 24 inch concrete ^ drainage swale was to be installed to covey the storm water flows from the El Camino Real side ofthe property to the south west property boundary. 3 Aerial #4-1990 ^ Onsite - Fully graded, developed and maintained recreational resort facility. As such, no visible bed and bank channel or hydrophytic vegetation is onsite. Offsite - To the east side of El Camino Real Is active agriculture (cleared land). The intensity of the farming has again increased since 1983 and the natural topography has been significantiy ^ altered, again. The previously filled in topographic cleft which supported the channel is not ^ H P.O. Box 501115 SAN DIEGO, CA 92150 S858.391.8145 HMIKE@BLUECONSULTING.COM •it -3- ,5 distinguishable from the agriculture fields. Palomar Airport Road and El Camino Real have been improved, again. If you have any questions, please feel free to call me. Michael K. Jefferson President •5 ^ Sincerely, % BLUE Consulting Group H P.O.Box501115 SANDIEGO,CA92150 S858.391.8145 HMIKE@BLUECONSULTING.COM ATTACHMENTS Historic aerials Site photographs 3 USGS topographic map 5 0 •mt •w 0 •mt P.O. Box 501115 SAN DIEGO, CA 92150 S858.391.8145 HMIKE@BLUECONSULTING.COM I Proposed Project Footprint A/ Buena Sanitation Sewer Easement - approved, 1964 Historic Property Aerials Proposed Project Footprint Buena Sanitation Sewer Easement - approved, 1964 Aerial # 1 1953 Proposed Project Footprint Buena Sanitation Sewer Easement - approved, 1964 Aerial #2 1964 Proposed Project Footprint Buena Sanitation Sewer Easement - approved, 1964 Aerial # 3 1980 I I Proposed Project Footprint A/ Buena Sanitation Sewer Easement - approved, 1964 Aerial # 4 1990 u Project Footprint Property Aerial 2008 J Project Footprint . • Historic Topo NA ^"^^ "-ine (USGS, 1975) Property Aerial 2008 si^> h.«««Ji<^^^ Photograph 1 Looking north at the drainage outlet with flows originating on the east side of EI Camino Real. Sheet flows across (south) the property. No cut bed and bank and no hydrophytic vegetation. Photograph 2 Looking south as the sheet flows disipate across the property. V-l.., ; • ,'7