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Home My WebLink AboutHDP 02-10; Dunn Residence; Hillside Development Permit (HDP) (21)h h - City of Carlsbad February 9,2004 Therese O'Rourke U.S. Fish &Wildlife Service Carlsbad Fish &Wildlife Office 601 0 Hidden Valley Road Carlsbad. CA 92009 William Tippets California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 SUBJECT: RESPONSE TO COMMENTS ON DRAFT MITIGATED NEGATIVE DECLARATION FOR THE DUNN RESIDENCE - FWS-SDG-3806.1 The City of Carlsbad provides the following response to each of your comments regarding the subject project: 1 .a. A focused California gnatcatcher survey was completed on September 1, 2, and 18, 2003 for the adjacent Highland Drive Storm Drain Project. The survey area included all of the potential habitat on the project site. The survey was negative. The following is a de minimus exemption flow chart: Determination of Habitat Value In order to determine the quality of onsite habitat from a regional planning perspective, the following sources were consulted: the North County Wildlife Forum Multiple Habitat Conservation Plan (MHCP) Habitat Evaluation Map and the Evaluation Logic Flow Chart presented in the Conservation Guidelines. The Conservation Guidelines recommend the use of the flow diagram to make the determination of habitat value. Following the flow diagram, habitat may be defined as "higher potential value for long-term conservation," "intermediate potential value for long-term conservation," or "lower potential value for long-term conservation." The following presents the results of the evaluation of coastal sage scrub on the project site. Question 1 of the flow chart asks if natural vegetation is present. The answer is yes; there is natural vegetation within the area of proposed development. Question 2 asks if coastal sage scrub (CSS) is present. The answer is yes. Question 3 asks if the habitat in question is "the most dense CSS in the subregion." The Conservation Guidelines defines a "yes" answer to be a neighborhood (an area with a radius of % to one mile) that is 50% coastal sage scrub. The answer to this question is no; coastal sage scrub represents between 10 and 15% in area within the Conservation Guidelines defined neighborhood. Question 4 asks if the land is close to Higher Value District (core habitat areas). The answer to this question is a qualified yes. The site is located at the southeastern end of Focus Planning Area Core ## 1 (Figure 4 of HMP for Natural Communities in the City of Carlsbad), just south of the Existing Hardline Conservation Area (Figure 5 of HMP for Natural Communities in @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us the City of Carlsbad), Outside the Proposed Hardline Conservation Area by approximately 1.5 miles (Figure 6 of HMP for Natural Communities in the City of Carlsbad), outside the Proposed Standards Areas (Figure 26 of HMP for Natural Communities in the City of Carlsbad), and within a Development Area (Figure 28 of HMP for Natural Communities in the City of Carlsbad). While it is situated in Core # 1, it is also mapped as a Development Area. Based on this evaluation, the habitat in question is considered to have low to intermediate potential value for long-term conservation. Findinqs of Consistencv with the De Minimus Exemption The following features are reviewed in the context of project conformance with 4(d) rule exemptions with regard to De Minimus (as specified within the Specific Exemptions to and Recommenced Format For Reviewing Requests For Interim Habitat Loss Permits, February 2, 1995). The proposed habitat loss associated with the construction of the proposed project is less than 1 .O acre. The proposed project will impact 0.04 acre of very disturbed coastal sage scrublchaparral mix. No California gnatcatchers or other state or federally listed species are affected by the proposed project. A focused presence/absence survey for California gnatcatcher in accordance with USFWS*accepted protocol was negative. No other state or federally listed species are anticipated to occur onsite or be affected by the proposed project. 0 The habitat loss would not preclude or prevent the design of the reserve system. The site is located at the southeastern end of Focus Planning Area Core # 1 (Figure 4 of HMP for Natural Communities in the City of Carlsbad), however this area is mapped as a Development Area (Figure 28 of HMP for Natural Communities in the City of Carlsbad). The project site is directly adjacent to existing development and would only affect very disturbed coastal sage scrub. The entire contiguous patch of available coastal sage scrub is small and isolated. Implementation of the project will not preclude or prevent the design of the reserve system in the City of Carlsbad or in San Diego County. Appropriate mitigation will enhance the reserve system. 0 Mitigation for interim habitat loss will conform to all other underlying resource protection ordinances and contribute to the regional conservation effort. The loss of 0.04 acre of very disturbed coastal sage scrub, will be mitigated at a ratio of 2:l (0.08 acre). Proposed mitigation will include the purchase of coastal sage scrub credits from an acceptable mitigation bank, purchase of equivalent land within or adjacent to a reserve, or restoration of habitat at a 2:l ratio (0.08 acres of credits). It is incumbent upon the jurisdiction to notify the subregional accounting entity of the additional interim habitat loss associated with the De Minimus exemption. 1 .b. A focused survey conducted by Dudek and Associates, Inc. (Dudek) wildlife biologist Brock A. Ortega (TE-8135435) in September 2003 was negative. No California gnatcatchers will be impacted by the project. 1 .c. 2. 3. 4. 5. 6. 7. The loss of 0.04 acre of very disturbed coastal sage scrub, will be mitigated at a ratio of 2:l (0.08 acre). Proposed mitigation will include the purchase of coastal sage scrub credits from an acceptable mitigation bank, purchase of equivalent land within or adjacent to a reserve, or restoration of habitat at a 2:l ratio (0.08 acres of credits). At this time it is anticipated that the applicant will purchase credits at an acceptable mitigation bank. If restoration occurs then the stipulation noted under 1 .c.2)(a-j) will be implemented. This comment is negated by answering comment number la through c above. However, does this mean that since the survey was negative, he can mitigate at a 1:l ratio? The City of Carlsbad standard for fire suppression zones is 60 feet. The Carlsbad Fire Department has requested that the following condition be applied to the project: Maintain sixty (60) feet from all structures in accordance with the City of Carlsbad Landscape Manual. Plans shall be submitted to the fire department for review and approval of the required fire suppression zones. The area mapped as ruderal more closely resembles developed/ornamental as there is much debris and ornamental plantings present. Some escaped lawn and weedy grasses occur, but the area does not satisfy “non-native annual grassland” criteria. Developed/Omamental describes areas occupied by structures, paving and other impermeable surfaces, and areas where ornamental plant species and landscaping have been installed andlor are maintained. Ornamental plantings onsite consist of ornamental shrubs, herbs and grasses such as pride of hottentot-fig, bougainvillea, and juniper (J u ni pe rus s p. ). The project will not affect nesting raptors as they are situated too far away (80 to 100 feet). This should provide adequate buffer to any active raptor nests. Please keep in mind that the eucalyptus grove is also next to Hosp Park and across from Highway 78. The 500-foot buffer is too stringent for these purposes. A low fuel native hydroseed mix is proposed for the area of disturbance within the fire suppression zone. The project consists of one single-family residence and outdoor lighting will not be significant. The project will be conditioned to submit a lighting plan for any outdoor lighting proposed to be installed. If you have any questions regarding the above responses, please contact me at (760) 602-4622. Sincerely, Associate Planner AH:bd C: . Don Rideout Wile. Chris DeCerbo