HomeMy WebLinkAboutSUP 07-03; South Coast Materials Quarry; Special Use Permit (SUP)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: January 19, 2011
Application complete date: November 9,2010
Project Planner: Van Lynch
Project Engineer: Tecla Levy
SUBJECT: SUP 07-03/HDP 07-01/HMP 07-06 - SOUTH COAST MATERIALS
QUARRY - Request for the consideration of a Subsequent Environmental Impact
Report previously certified by the City of Oceanside, adoption of responsible
agency environmental findings and adoption of a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program prepared for
the Amended Reclamation Plan for the Former South Coast Materials Quarry, and
request for approval of a Special Use Permit, Hillside Development Permit, and
Habitat Management Plan Permit for the grading of 42.1 acres to implement the
Amended Reclamation Plan for the Former South Coast Materials Quarry
generally located south of Highway 78 and west of College Boulevard in Local
Facilities Management Zone 25.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6743 adopting
responsible agency environmental findings and adopting a Statement of Overriding
Considerations and Mitigation Monitoring and Reporting Program, and ADOPT Planning
Commission Resolution Nos. 6744, 6745, and 6746 APPROVING Special Use Permit 07-03,
Hillside Development Permit 07-01, and Habitat Management Plan Permit HMP 07-06 based on
the findings and subject to the conditions contained therein.
II.INTRODUCTION
The development applications being sought are for the implementation of the Amended
Reclamation Plan for the Former South Coast Materials Quarry project located south of Highway
78 and west of College Boulevard. The Reclamation project is to reclaim the previous mining
site to a safe, usable condition that is readily adaptable for future land uses. The grading for the
reclamation plan creates shallow sloped development pads on the north and south sides of the
Buena Vista Creek channel. The creek channel is substantially widened as compared to the
existing condition. The Reclamation Plan and Subsequent Environmental Impact Report were
reviewed and approved by the City of Oceanside. The City of Oceanside was designated the
lead agency as they have an adopted reclamation ordinance in accordance with the State of
California Surface Mining and Reclamation Act (SMARA) where the City of Carlsbad does not.
III. PROJECT DESCRIPTION AND BACKGROUND
The amendment to the Former South Coast Materials Quarry Reclamation Plan addresses the
reclamation of the remaining quarry site yet to be reclaimed, retention and reclamation of the
Buena Vista Creek channel alignment, and modifies grading limits and pad elevations related to
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the channel realignment and hydrological conditions. The Amendment also includes updates in
environmental conditions and conformance requirements of local and state reclamation laws for
reclamation plans. The previous Reclamation Plan proposed to move the Buena Vista Creek
channel north of its present location. Input from the Wildlife Agencies during environmental
review has resulted in keeping the alignment of the creek in its present location.
The proposed development applications are for the grading and implementation of the Amended
Reclamation Plan for the Former South Coast Materials Quarry. The grading will create gently
sloping sheet graded pads on the north and south sides of Buena Vista Creek channel. The
northern side will have elevations ranging from 100 to 116 feet above mean sea level (MSL) and
the south side from 104 to 114 feet above MSL with a pad in the southeasterly corner from 123
to 140 feet above MSL. The Buena Vista Creek channel will be widened from its existing
average width of 10 feet to a bank to bank width of approximately 100 feet. The sides of the
channel will be graded to 2.5:1 with an overall top of bank to bank width of approximately 300
feet. The creek channel will be revegetated with native habitats and a conservation easement
placed over the creek, providing a permanent open space amenity associated with Buena Vista
Creek. The amended reclamation project design maintains the alignment of the existing creek
with a wider channel, preserves the El Salto Falls, and continues to preserve the higher quality
riparian habitat in the western portion of the site. Adjacent graded areas available for future uses
will be located outside the 100-year flood zone, removing floodplain restrictions for areas
outside the reclaimed creek channel. The grading occurs in areas that have been previously
disturbed by the past rock quarry operations and other concrete and asphalt processing
operations. All existing structures will be removed and material recycling uses will cease upon
the beginning of the reclamation grading.
The grading design includes provisions for three separate desiltation basins to control runoff
from the site before it enters Buena Vista Creek, along with two water quality bio-filter swales.
The interim desiltation basins are associated with the reclamation grading and are designed to be
easily modified to accommodate permanent drainage facilities for the area which will be
constructed in conjunction with future site development. As part of the creek improvements,
outlets from the basins are proposed to be constructed as permanent facilities within the rip-rap
drop structures, in conjunction with the construction and revegetation of the creek area. The
drainage design accommodates the existing drainage flows from offsite areas, as well as
projected onsite flows. High intensity runoff coefficients were used in the calculations to
establish pipe sizes, to assure that the facilities proposed can accommodate future flows from any
type of development, and avoid the need to modify these outlets in the future.
While no development is proposed as part of this Reclamation grading plan, and the type of use
has not yet been determined, there are certain items known to be needed for any use of the
property. A preliminary evaluation was conducted in order to anticipate necessary
improvements and address them as part of this reclamation grading plan. A goal for the
reclamation design, particularly related to Buena Vista Creek, was to address the ultimate
requirements as best they can be determined at this time, to avoid or minimize future need to
disrupt the creek area. This includes consideration of and provisions for major infrastructure
such as streets, drainage facilities and sewer mains. As part of the reclamation grading, the
intent is to create limits of disturbance adjacent to Buena Vista Creek and the falls zone,
providing revegetation to form an "edge" to the habitat areas. This will allow the revegetated
areas to reestablish after planting and minimize the need for future disturbance within the creek
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channel. Some of the specific items anticipated for this reclamation plan include the following
items.
Streets
Current access into the property is from College Boulevard westward to Haymar Drive which is
located immediately south of and parallel to State Route 78. Access for future development may
also be provided from Haymar Drive. The future extension of Matron Road from the east to the
west is shown on the General Plan Circulation Element across the project site, which could
provide a primary access for future development. Roadway alignments are however not being
determined or fixed as part of site reclamation. Precise alignments shall be evaluated at the time
of future development. However, this reclamation plan is designed to provide a suitable
elevation to enable the connection with Marron Road from the east to west. The site grading will
accommodate a short access ramp extension from the existing western terminus of Marron Road
into the site, to provide interim fire and emergency access to the property areas south of the
creek. This access is needed because the three existing bridge crossings of Buena Vista Creek
will be removed as part of the creek reclamation work, thereby limiting access to the areas south
of the creek. The proposed reclamation grading could accommodate future street construction in
the area between the creek and the south slope, and the proposed plan does not preclude meeting
City criteria for design and alignment of the future Circulation Element roadway. It is
recognized that there may also be a potential need for a future road crossing of the creek, though
there is no proposed location or design as part of this Reclamation grading plan.
Drainage Facilities
The permanent storm drain outlets and rip-rap areas at Buena Vista Creek are sized for ultimate
conditions so that they do not have to be reconstructed after revegetation in the creek is installed
and established. As part of the sizing calculations for ultimate conditions, high runoff
coefficients were used to assure that sufficient capacity is provided.
Sewer Sleeve Location
A sewer line is likely to be needed for any type of future use at the site, and the City of Carlsbad
sewer master plan also calls for eventual construction of a gravity sewer line to replace existing
pump station facilities located south of the site. However, the location for any future line has not
been determined. It is unknown whether and when any new sewer line might be constructed on
the south side of Buena Vista Creek, therefore a provision to access the existing sewer line on the
north side of the creek has been incorporated into this reclamation plan. No new sewer line will
be installed with the reclamation plan, but placing a sleeve underneath a drop structure could
accommodate a future sewer connection for the pad area south of the creek and to serve the
removal of existing pump stations southerly of the site with a gravity sewer line, in the event
such a crossing is needed. Locating a sleeve as part of the reclamation work is intended to
minimize the potential for future disruption within and adjacent to the revegetation areas
adjacent to the creek. If the sleeve is never needed, it can remain in place without affecting the
creek design. A sewer line may also be installed on any future bridge crossing.
Background
The Amended Reclamation Plan area encompasses a total of 104.23 acres of the original 162.17-
acre quarry. The site is located south of State Route 78 and west of College Boulevard. The
City boundaries of Oceanside and Carlsbad bisect the site in a north-south direction,
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approximately 1,600 feet west of the College Boulevard and Lake Boulevard/Marron Road
intersection. A total of 4.10 acres of the site are within the City of Oceanside, and a total of
100.13 acres are located in the City of Carlsbad. A total of 57.94 acres within the City of
Oceanside have been reclaimed and developed with a community shopping center along with a
revegetated slope along the "south wall" of the former quarry. The City of Oceanside is the lead
agency for purposes of site reclamation under the State of California Surface Mining and
Reclamation Act (SMARA).
Land uses surrounding the site include State Route 78 to the north, residential uses to the south,
commercial (auto sales and retail) to the east, and undeveloped land to the west. The entire
project is within the Buena Vista Creek drainage basin and the creek traverses the site. El Salto
Falls, a designated sacred site, is located in the eastern portion of the project site. Slopes on-site
range from moderate near the creek to moderately steep at the southern portion of the site. The
"South Wall" of the property is the highest slope on-site and provides a large buffer between the
site and the residential uses south of the property.
The on-site operations associated with the quarry included three types of activities: 1) quarrying
of the hard rock material from the site; 2) the manufacturing of asphalt and concrete products
and; 3) site reclamation work.
All mining on-site is complete. The South Coast Materials Company operated a hard rock
quarry at this site between 1961 and 1995, with extraction generally moving from the western
site areas to the east. Early quarry activities operated under a use permit from the City of
Carlsbad (CUP #9) issued by the City in 1961 which remains in effect. Beginning in 1977, the
quarry operated subject to the provisions of City of Oceanside Conditional Use Permit C-2-77.
Following adoption of the initial Reclamation Plan for this quarry, the Oceanside City Council
granted CUP C-9-92 to continue quarrying operations, and the quarry operated under this permit
until 1995.
Other uses on-site included a rock plant, a concrete batch plant and an asphalt products facility,
along with concrete recycling, shop building, scale house and associated office areas. The rock
plant and asphalt plant have been dismantled and removed from the site. The concrete batch
plant was closed in March 2005, dismantled in December 2005, with all plant remnants
completely removed from the site by September 2006. The office building was demolished and
removed from the site in June 2006. The recycling operations are continuing at the site and
anticipated to remain in operation until reclamation grading is initiated. The recycling operations
are to be terminated prior to the commencement of grading related to the proposed reclamation
plan to avoid any potential conflicts between these two activities. The termination of the
recycling uses and removal of the remaining shop building and scale house structures are
included as part of the final phase of the reclamation plan.
Quarry operations are subject to the SMARA, as administered by the State Mining and Geology
Board. The original Reclamation Plan for this site was prepared in accordance with the City of
Oceanside Reclamation Ordinance (86-32) and ultimately approved by the State Mining and
Geology Board in September, 1991. The City of Carlsbad does not have a local reclamation
ordinance, and recognizes the City of Oceanside as the state-designated lead agency for purposes
of reclamation under SMARA. The City of Oceanside adopted a Subsequent EIR and approved
an Amended Reclamation Plan for the Former South Coast Materials Quarry on July 26, 2010.
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The Amendment, Refined Alternative 3, made changes in the prior Reclamation Plan to address
the retention and reclamation of the Buena Vista Creek channel alignment, modify grading limits
and pad elevations related to the channel conditions, hydrological conditions and designated land
uses. The Amendment also included updates in environmental conditions and conforms to
requirements of local and state laws for Reclamation Plans.
Limited reclamation activities began for some of the areas in 1987, with reclamation activities
continuing since extraction of the rock material at this site were completed in 1995. Reclamation
has been completed for portions of the original quarry property, which have been sold and
developed with commercial uses and permanent slope open space.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan Land Use and Open Space and Conservation Element;
B. Floodplain Management Regulations -Special Use Permits, Chapter 21.110 of the
Municipal Code;
C. Hillside Development Ordinance, Chapter 21.95 of the Municipal Code
D. Habitat Preservation and Management Requirements, Chapter 21.210 of the
Municipal Code; and
E. Local Facilities Management Plan Zone 25;
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The existing General Plan Land Use designation of the project site is Residential Low-Medium
Density on both sides of the Buena Vista Creek channel with the channel designated as Open
Space. The General Plan Housing Element recently allocated 500 dwelling units to the Quarry
Creek site to partially fulfill the Regional Housing Needs Assessment for Carlsbad. Future
development projects will reflect the appropriate land use changes. The grading for the
Reclamation plan will preserve Buena Vista Creek channel in its present location which is shown
as Open Space on both the General Plan Land Use and the Open Space and Conservation Maps.
Overall, the project complies with the various Elements of the General Plan as outlined in Table
1 below.
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TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT
Land Use
Land Use
Circulation
Housing
Open Space &
Conservation
Public Safety
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
Buena Vista Creek channel
is designated as Open
Space.
Public Facilities
A city with adequate
circulation to serve the
projected population.
Allow development of
sufficient new housing to
meet the Regional Housing
Needs Assessment.
Minimize environmental
impacts to sensitive
resources within the City.
A City which minimizes
injury, loss of life, and
damage to property
resulting from the
occurrence of floods.
PROPOSED USES &
IMPROVEMENTS
The project restores and
enhances the natural
environment and minimizes
impacts to sensitive biological
and cultural resources of the
Buena Vista Creek and El Salto
Falls.
The project makes
accommodations for future
infrastructure in the form of a
sleeve under the Buena Vista
Creek to accommodate a future
sewer line if needed.
The grading plan does not bias
the future alignment or
construction of Marron Road, a
Circulation Element roadway.
Project grading prepares site for
future development of the site.
The project restores and
enhances the natural creek
environment and minimizes
impacts to sensitive biological
and cultural resources of the
Buena Vista Creek and El Salto
Falls.
The project is processing a
Floodplain Special Use Permit
to review the grading plan to
ensure that flood flows are
contained and will not
adversely impact other
properties.
COMPLY
Yes
Yes
Yes
Yes
Yes
Yes
B. Floodplain Management Regulations -Special Use Permits, Chapter 21.110 of the
Municipal Code
The project site is identified as being within Zone AE of the Flood Insurance Rate Map
06073C0766 F, dated October 16, 2009. Zone AE is a special flood hazard area inundated by the
100 year flood with base flood elevations determined (ranging from roughly 86 feet above Mean
Sea Level (MSL) at the western end of the site to 146 feet MSL at the eastern end of the site) and
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requires the processing of a Special Use Permit. The permit is required to review the project for
protection of public health, safety and welfare and to minimize public and private losses due to
flooding.
One of the goals of the reclamation plan is to: Retain the existing Buena Vista Creek alignment
through the site, preserve the El Salto Falls, and enhance the habitat values of the creek, while
meeting requirements for control of erosion and sedimentation, and accommodating current
hydrological conditions of the creek. In order for this to happen the proposed Buena Vista Creek
channel cross section will be widened substantially from its current condition, which is an
average bottom width of approximately 10 feet (range of 5-25 feet) and a bank to bank width of
approximately 100 feet (range of 80-110 feet). The proposed design will widen the creek to
include a 15 0-foot-wide bottom, overbank terraces on both sides of the channel expanding the
width to approximately 194 feet, and 2.5:1 (horizontal to vertical) side slopes with an overall
bank to bank width of approximately 300 feet. This will result in a wider creek channel
compared to what has historically existed on the project site. A thalweg (the line defining the
lowest points along the length of a river bed) will be established in the channel bed with a gentle
curvature, and meandering benches will be constructed along the channel banks. The bench
widths will vary along the length of the channel, but the total width of both benches (one on
either side of the channel) at any given point will be 24 feet. The benches will be constructed
approximately four feet above the channel bed to allow inundation during low to moderate storm
events. The total width subject to inundation during these events is approximately 194 feet just
above the benches. The channel will be at less than a 0.2 percent longitudinal gradient, using a
series of drop structures and pools created by riprap elements of varying sizes of gradation, to
avoid erosive flow velocities. The design flow velocities will be below 6 fps to avoid erosive
conditions, but will allow for sufficient flooding/scouring to maintain a dynamic riparian system.
The design provides for a minimum of seven feet of freeboard (the vertical distance between the
top water level and the crest of a bank, dam or similar structure) in the proposed channel above
the 100-year flow rates, which is well in excess of the standard one foot of freeboard typically
required. The overall channel length being modified is roughly 800 feet.
The existing southern willow scrub and natural stream channel above El Salto Falls (which is not
within the project boundary) will remain in its current state. Existing riparian vegetation in some
sections of the channel through the project site also will remain. The drop structures, which are
discussed below in more detail, will be planted with willows. Riparian vegetation will be
planted within the channel and will naturally allow the water course to form and adjust its flow •
and design gradient. Above this riparian vegetation, a transitional bench will be vegetated with
Diegan coastal sage scrub, and above the bench will be a riparian buffer with upland (Diegan
coastal sage scrub) creation on the channel side slopes, and native buffer plantings within the
100-foot biological buffer where it extends beyond the channel side slopes. Level areas outside
the biological buffer will be hydroseeded for erosion control. The transitional bench and upland
riparian buffer will typically be sloped at a 2.5:1 ratio. Boulders will be sporadically placed
throughout all levels of the channel.
Seven rock drop structures ranging from one to three feet in height will be constructed at
irregular intervals along the channel. Each structure will extend across the channel bottom and
up the adjacent banks to at least one foot above the 100-year water surface elevations. The
structures will behave as rock riffles that form a stepped channel bed profile. The stepped profile
will allow the 100-year flow velocities to be maintained below an erosive threshold throughout
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much of the proposed channel. The locations and heights of each structure vary and were
selected to allow portions of the existing channel bed to remain undisturbed.
As shown in Cross-Section C-C on Figures D and E, the drop structures will be constructed with
rocks of varying gradation including emergent boulders in order to create a channel with a step-
pool-step profile. The step-pool-step will consist of level reaches separated by the drop
structures (step). The area immediately upstream of a step can contain a pool, which is
sometimes referred to as a pool riffle. Pool riffles will be created upstream of some structures.
The structures will be constructed with naturally occurring on-site rock to the extent available.
The rocks will be of varying gradation and emergent boulders will be incorporated to mimic
more naturally occurring rock riffles. A filter material will be placed under the structures to
prevent piping and maintain stability. Grouting only will be used where necessary to maintain
the integrity of the structures under high-flow events. The design will allow the creek to flow
uninterrupted during normal and low-flow periods.
Overall, the channel is designed to contain the 100 year storm event and there is more than
adequate protection of private and public property from potential flood damage. Within the area
east and north of El Salto Falls, a portion of the channel improvements will function as a levy to
contain the creek during high storm flows. FEMA regulations require the levy to be maintained
in accordance with an approved maintenance plan under agency jurisdiction. The responsible
agency is to be determined and specified with the maintenance plan.
C. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code)
The site has a grade elevation change greater than 15 feet and slopes greater than 15% gradient,
therefore the project requires a Hillside Development Permit (HDP). Hillside conditions have
been properly identified on the constraints map which show existing and proposed conditions
and slope percentages. The slopes that are over 15 feet in height with a minimum 15% gradient
are only located on the northern side of the project and cover a total of 1.3 acres. These slopes
are existing manufactured slopes as a result of the mining operation and are proposed to be
removed or reworked as part of the reclamation plan grading. The newly created slopes are for
an interim period until future development plans are prepared. The new manufactured slopes
outside of the creek channel will be planted and irrigated for erosion control purposes. The creek
channel slopes will be planted and irrigated to establish a native upland habitat (Diegan coastal
sage scrub).
As stated in the project description, the grading will create gently sloping sheet graded pads on
the north and south sides of Buena Vista Creek channel. The northern side will have elevations
ranging from 100 to 116 feet above MSL with a few 2:1 manufactured slopes to transition from
pad to ungraded areas. The southern side will have pad elevations ranging from 104 to 114 feet
above MSL with a pad in the southeasterly corner from 123 to 140 feet above MSL with
transition slopes of 6.1:1 from pad to natural ground area. The Buena Vista Creek channel will
be widened from its existing average width of 10 feet to a bank to bank width of approximately
100 feet. The sides of the channel will be graded to 2.5:1 with an overall top of bank to bank
width of approximately 300 feet.
According to the proposed grading plan, approximately 39.7 acres (or 40 percent) of the 100.13
acre project site will be graded. Implementation of the grading plan will result in a total of
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274,000 cubic yards of grading (6,901 cu yds/acre which is an acceptable range for relative
sensitivity of Hillside Grading Volume). No new manufactured slopes exceed 40 feet in height
and no slopes are substantially visible from a circulation element roadway. Graded cut and fill
slopes are planned at gradients of 2:1 or less. The Reclamation plan was approved with a 50 foot
planning buffer from the creek channel which will preclude structures from encroaching within
the top of slope setback for the Buena Vista Creek channel. Overall, the project complies with
the Hillside Development Ordinance and Design Guidelines.
D. Habitat Preservation and Management Requirements, Chapter 21.210 of the
Municipal Code
The Amended Reclamation Plan lies within Core 2 of the HMP, which comprises approximately
352 acres of the north-central portion of Carlsbad. The parcel also lies within Local Facilities
Management Zone (LFMZ) 25, which shows a hardline preserve boundary on site along with an
offsite parcel further west that was never disturbed by mining activity and is not a part of the
Amended Reclamation Plan. Some other off site areas in LFMZ 25 are considered a standards
area under the HMP, in which specific conservation goals and planning standards are applied to
those portions of a given LFMZ that are not already hardlined. Because the property within the
boundaries of the Reclamation Plan are hardlined, these LFMZ 25 conservation goals and
planning standards, therefore, do not apply to the property. Note that subsequent to the adoption
of the HMP, the properties in the "standards" area of LFMZ 25 are now a part of the Buena Vista
Creek Ecological Preserve.
As noted previously, the Carlsbad HMP shows the hardline preserve to the north of the existing
alignment of Buena Vista Creek. This hardline preserve was based on the previously approved
reclamation plan that showed the realignment of the creek to the north. It is necessary to revise
the design and preserve boundaries based on input from the USFWS, Corps, and CDFG, and
direction to retain the existing alignment of Buena Vista Creek as part of the prior Reclamation
Plan amendment. The objective of the revised hardline preserve configuration is to provide for
the restoration of Buena Vista Creek and adjacent upland buffers, providing habitat values for
riparian-dependant wildlife species. The Amended Reclamation Plan still meets the objectives
of the hardline preserve in this area by maintaining and restoring Buena Vista Creek and adjacent
upland buffers within the existing creek channel location.
The existing HMP hardline boundary would have resulted in the development limits as well as
the existing creek channel being completely impacted, with the realigned channel subsequently
revegetated. The realigned channel is therefore assessed based on the habitats anticipated to
have been restored within that realigned channel. This results in 3 categories being created: 1)
Preserved; 2) Impacted; and 3) Impacted and Restored. The Amended Reclamation Plan
hardline boundary adjustment only modifies the hardline boundary where there are changes as a
result of the creek realignment, with the hardline boundary representing the development
footprint permitted under the HMP. The Amended Reclamation Plan only represents an interim
step in the final determination of future uses of the site. As a result, the HMP consistency
analysis provides an assessment of the relocation of the creek channel as an interim condition
within the context of the ultimate use of the site, and to confirm that the Amended Reclamation
Plan would not preclude implementation of the HMP by the reconfiguration of the hardline
boundary. The Resource Agencies have reviewed and approved of the determination of
equivalency for the new alignment of the hardline boundary (letter attached).
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Table 2 provides a summary of the acres of habitat that would have been conserved and restored
by the approved reclamation plan consistent with the HMP hardline, compared to conserved and
restored habitat proposed based on the Amended Reclamation Plan. The HMP hardline would
conserve/revegetate a total of 42.1 acres on site. The Amended Reclamation Plan would
conserve/revegetate 44.2 acres, including individual sensitive habitat categories, in excess of the
42.1 acres under the current HMP hardline. The area available for future use within the City of
Carlsbad would be the remaining 55.8 acres of the site.
Thus, while the Amended Reclamation Plan does not match the boundaries of the hardline
preserve Areas under the Carlsbad HMP, due to the change to retain the current Buena Vista
Creek alignment the Amended Reclamation Plan is considered consistent with the Carlsbad
HMP because it meets the goals and objectives of the HMP for this portion of the plan, providing
equivalent type and quantity of habitat areas within the study area, as shown below.
Wetlands
All projects that impact wetlands must demonstrate that:
• Impacts cannot be avoided by a feasible alternative.
• Impacts have been avoided to the maximum extent practicable.
• Impacts will be mitigated to assure no net loss of habitat value or function.
The 2001 Reclamation Plan showed the existing channel being realigned to the north, which would
have eliminated the entire length of the creek channel. Although the current creek channel
configuration was substantially modified during site mining activities, the Amended Reclamation
Plan significantly reduces impacts to existing riparian habitat over the 2001 Reclamation Plan by
1.4 acres. Based on the hydrological analysis of the creek channel, it has been determined that
avoiding all impacts to the existing channel is not feasible if the objective of providing a stable
channel that minimizes downstream sedimentation is to be achieved. As a result, impacts have
been avoided to the maximum extent feasible. Impacts to wetlands are being mitigated with at
least a 1:1 creation component to ensure that no reduction in wetland acreage occurs, and the
resulting creation of high quality habitat and enhancement of existing degraded habitat would
result in no net loss of functions or values. The existing HMP hardline boundary would have
resulted in riparian habitat being restored within the realigned channel. Similar to the proposed
project, drop structures would still have been required. The Amended Reclamation Plan results in
1.4 acres of riparian habitat avoidance not provided for by the existing HMP hardline boundary
while creating, restoring and enhancing an additional 2.88 acres of habitat. The Amended
Reclamation Plan is therefore consistent with the HMP for wetland mitigation requirements.
Uplands
Impacts to upland habitats must be mitigated consistent with the HMP. The mitigation ratios
proposed for the Amended Reclamation Plan are consistent with, or in the case of unoccupied
coastal sage scrub, are higher than the ratios in the HMP. Additionally, the revised hardline
boundary results in no change in impacts to upland habitats. The Amended Reclamation Plan is
therefore consistent with the HMP for upland mitigation requirements.
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Consistency with HMP Species Requirements
The HMP states that "the primary mitigation for impacts to HMP Species under the Plan is the
conservation and management of habitat for species in the preserve system" (City of Carlsbad
2004). It also states that incidental take must be minimized and mitigated to the maximum
extent practicable. The HMP provides specific minimization and mitigation measures for
covered species. The three species that occur on site are the least Bell's vireo, coastal California
gnatcatcher, and yellow-breasted chat. Conservation goals for the least Bell's vireo include:
• Conserve approximately 495 acres (86 percent) of riparian habitats.
• Assure no net loss of riparian scrub within the City.
• Conserve 95 percent of known point locations for least Bell's vireos within preserve areas.
Impact avoidance/minimization measures for the least Bell's vireo include:
• Manage preserve areas to minimize activities that would degrade riparian habitat.
• Restrict activities in vireo-occupied habitat during the breeding season.
• Where appropriate, restore or enhance riparian habitat suitable for vireos.
In addition, there are several species-specific measures identified for the vireo, including:
• Conduct surveys by a qualified biologist.
• For areas adjacent to occupied vireo habitat, construction noise levels at the riparian canopy
edge shall be kept below 60 dBA Leq (measured as Equivalent Sound Level) from 5 a.m. to
11 a.m. between February 15 and September 15. For the remainder of the season, the noise
levels shall not exceed 60 decibels, averaged over a one-hour period on an A-weighted
decibel (dBA; i.e., 1 hour Leq/dBA).
• If new projects adjacent to the preserve create conditions conducive to cowbirds,
jurisdictions shall require monitoring and control of cowbirds.
• Biological buffers of 100 feet shall be maintained for occupied vireo habitat.
TABLE 2 - HMP CONSERVATION COMPARISON
IT A DTT ATrlArJl 1 A 1
GROUP
CATEGORY
Coastal Sage Scrub
Chaparral
Riparian
Marsh
Grassland
ADOPTED HMP
Acres per
HMP
1995
Vegetation
Categories1
4
9
10
1
12
Acres per
dirrpnt
Vegetation2
with
1991
Restoration3
17.05
4.84
11.78
0.31
4.48
PROPOSED
HMP WITH
PROPOSED
PROJECT
Acres per
Current
Vegetation2 with
Proposed
Restoration
17.37
4.84
12.68
0.46
4.57
COMPARISON
Difference
Proposed -
Adopted
0.32
0.00
0.90
0.15
0.09
SUP 07-03/HDP 07-01 /HMP 07-06 - SOUTH COAST MATERIALS QUARRY
January 19, 2011
PAGE 12
TABLE 2 - HMP CONSERVATION COMPARISON CONTINUED
HABITAT
GROUP
CATEGORY
Eucalyptus
Disturbed
Developed
TOTAL ACRES
ADOPTED HMP
Acres per
HMP
1995
Vegetation
Categories
0
6
0
42
Acres per
dirrpnt
Vegetation2
with
1991
Restoration3
0.04
2.70
0.44
41.64
PROPOSED
HMP WITH
PROPOSED
PROJECT
Acres per
Current
Vegetation2 with
Proposed
Restoration4
0.04
2.77
1.48
44.21
COMPARISON
Difference
Proposed -
Adopted
0.00
0.07
1.04
2.57
11995 Vegetation categories used in Carlsbad HMP
2Vegetation based on HELIX Environmental Planning, Inc. mapping
3Restoration within the realigned creek channel
4Restoration within proposed project channel
The Amended Reclamation Plan is consistent with these goals and measures by having
completed focused surveys for the vireo, mitigating with at least a 1:1 creation component to
ensure no net loss of riparian habitats, enhancing additional riparian habitat at a 2:1 ratio,
avoiding all of the known vireo locations on site, providing long-term management of project
open space, and ensuring that clearing of riparian habitat occurs outside of the breeding season.
The Amended Reclamation Plan would not create conditions conducive to cowbirds, and
biological buffers would exceed 100 feet from existing occupied vireo habitat. The Amended
Reclamation Plan is also establishing a 100-foot biological buffer from the edge of newly
created riparian habitat, which would assure compliance with this measure in the future should
vireo occupy these new habitat areas. The mitigation measure in the Subsequent EIR
addresses potential noise impacts and would ensure compliance with noise requirements.
Conservation goals for the coastal California gnatcatcher include:
• Conserve approximately 2,000 acres of coastal sage scrub.
• Conserve mapped gnatcatcher locations within conserved habitat.
• Maintain regional linkages.
Impact avoidance/minimization measures for the coastal California gnatcatcher include:
• Manage preserve areas to minimize edge effects.
• Prepare and implement a fire management program for preserve areas.
• Where possible, enhance and restore sage scrub habitat within preserve areas.
The Amended Reclamation Plan would conserve 17.37 acres of sage scrub habitat compared
with 17.05 acres under the prior reclamation plan. The Amended Reclamation Plan would also
provide long-term management of project open space. Finally, 5.17 acres of sage scrub habitat
SUP 07-03/HDP 07-01/HMP 07-06 - SOUTH COAST MATERIALS QUARRY
January 19,2011
PAGE 13
would be restored within project open space. For these reasons, the Amended Reclamation Plan
is consistent with the goals and measures for the gnatcatcher.
One conservation goal is identified for the yellow-breasted chat:
• Conserve riparian habitat within preserve areas, and assure no net loss of riparian habitats
within the City.
Impact avoidance/minimization measures for the yellow-breasted chat include:
• Manage preserve areas to minimize activities that would degrade riparian habitat.
• Restrict activities in chat-occupied habitat during the breeding season.
• Where appropriate, restore or enhance riparian habitat suitable for the chat.
The Amended Reclamation Plan is consistent with these goals and measures by mitigating with
at least a 1:1 creation component to ensure no net loss of riparian habitats, enhancing additional
riparian habitat at a 2:1 ratio, providing long-term management of project open space, and
ensuring that clearing of riparian habitat occurs outside of the breeding season.
The authorization to impact sensitive habitats and take of species of concern, through the
removal of 0.05 acre of southern cottonwood-willow riparian forest, 0.85 acre of southern willow
scrub, 0.06 acre of freshwater marsh, 1.99 acres of Diegan coastal sage scrub, and 34.26 acres of
disturbed habitat and take of two coastal California gnatcatcher pairs is subject to continuous
compliance with all provisions of the Habitat Management Plan for Natural Communities in the
City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the
Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the
Biological Opinion.
E. Local Facilities Management Plan Zone 25, Growth Management Ordinance,
Chapter 21.90 of the Municipal Code
A Local Facilities Management Plan (LFMP) has not been prepared for Zone 25. The
Reclamation Plan grading is not considered development as no other uses or entitlements other
than grading are being approved. The project does provide for future sewer infrastructure in the
form of a sleeve under the new creek channel to accommodate future sewer services if needed.
The proposed grading does not bias the ability to accommodate the future Marron Road
circulation element roadway.
V. ENVIRONMENTAL REVIEW
The City of Oceanside is the public agency having principal responsibility for approving the
Amended Reclamation Plan for the Former South Coast Materials Quarry project. As such, the
City of Oceanside served as the Lead Agency for the project. The Reclamation Plan for the
Former South Coast Materials Quarry project had previously processed an EIR and the City of
Oceanside determined that an amendment to the Reclamation Plan required a Subsequent EIR
(SEIR). In certifying the Final SEIR on July 26, 2010, the City of Oceanside determined that
after implementing all feasible mitigation measures, the increase in the maximum daily Oxides
SUP 07-03/HDP 07-01/HMP 07-06 - SOUTH COAST MATERIALS QUARRY
January 19,2011
PAGE 14
of Nitrogen (NOX) emission would be significant and unavoidable. The City of Oceanside
approved the project and prepared a Statement of Overriding Considerations in accordance with
CEQA Guidelines § 15093(a).
The City of Carlsbad is a Responsible Agency for the project because of its discretionary
approval power over the permits requested within the City's jurisdiction. As a responsible
agency the City complies with CEQA by considering the SEIR prepared by the Lead Agency,
and by reaching its own conclusion on whether and how to approve the project involved.
The City of Carlsbad must perform the following to comply with CEQA requirements as a
responsible agency:
• Decide on the adequacy of the SEIR for use by the City.
• Consider the environmental effects of the project as shown in the SEIR.
• Adopt feasible alternative or mitigation for the direct or indirect environmental effects of
those parts of the project, which it decides to carry out, finance, or approve.
• Prepare and submit mitigation monitoring and reporting programs where appropriate.
• Make appropriate findings.
• File appropriate notices.
The City of Carlsbad has considered the Final SEIR certified by the City of Oceanside on July
26, 2010 for the Amended Reclamation Plan for the Former South Coast Materials Quarry
project. The City finds that the SEIR adequately characterizes the project's potential impact on
the environment and that mitigation measures were incorporated into the project that would
reduce the potential significant adverse impacts, except for short term air quality impacts which
are unmitigable. The City has determined that changes or alterations have been incorporated into
the project to mitigate or minimize the potentially significant adverse impacts on air quality
during the project grading.
ATTACHMENTS:
1. Planning Commission Resolution No. 6743 (SEIR)
2. Planning Commission Resolution No. 6744 (SUP)
3. Planning Commission Resolution No. 6745 (HDP)
4. Planning Commission Resolution No. 6746 (HMP)
5. Location Map
6. Background data sheet
7. Disclosure Statement
8. City of Oceanside Planning Commission Resolution No. 2010-P16 (Reclamation Plan)
9. Reduced Exhibits
10. U.S. Fish and Wildlife Service and California Department of Fish and Game HMP
Equivalency Determination letter dated October 13, 2010
11. Exhibits "A" - "H" dated January 19,2011
12. Amended Reclamation Plan for the Former South Coast Materials Quarry (CD previously
distributed).
13. Final Subsequent EIR for the Amended Reclamation Plan for the Former South Coast
Materials Quarry (CD previously distributed)
14. Audio Recording of City of Oceanside Planning Commission hearing July, 26, 2010 (CD
previously distributed)
WOT TO SCALE
SITEMAP
South Coast Materials Quarry
SUP 07-03 / HDP 07-01 / HMP 07-06
BACKGROUND DATA SHEET
CASE NO: SUP 07-03/HDP 07-01/HMP 07-06
CASE NAME: SOUTH COAST MATERIALS QUARRY
APPLICANT: Hansen Aggregates Pacific Southwest, Inc
REQUEST AND LOCATION: Request for the consideration of a Subsequent Environmental
Impact Report previously certified by the City of Oceanside, adoption of responsible agency
environmental findings and adoption of a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program prepared for the Amended Reclamation Plan for
the Former South Coast Materials Quarry, and request for approval of a Special Use Permit,
Hillside Development Permit, and Habitat Management Plan Permit for the grading of 42.1 acres
to implement the Amended Reclamation Plan for the Former South Coast Materials Quarry
generally located south of Highway 78 and west of College Boulevard in Local Facilities
Management Zone 25.
LEGAL DESCRIPTION: A portion of Rancho Agua Hedionda, in the City of Carlsbad.
County of San Diego, State of California. accordinR to Partition Map 823, filed in the Office of
the County Recorder of San DieRp County, November 16, 1896 and also identified as Assessor's
Parcel Number 167-040-21-00.
APN: 167-040-21-00 Acres: 100.13 Proposed No. of Lots/Units: Q
GENERAL PLAN AND ZONING
Existing Land Use Designation: RLM/OS
Proposed Land Use Designation: RLM/OS
Density Allowed: 0-4 Density Proposed: N/A
Existing Zone: Manufacturing (M)/R-1-10,000 Proposed Zone: No Change
Surrounding Zoning, General Plan and Land Use:
General Plan Current Land Use
Site M/R-1-10,000 RLM/OS Rock Quarry
North N/A . N/A Hwy 78
South PC RLM/OS Residential/Open Space
East Limited Industrial/Open Light Industrial/Open Auto
Space/Community Space/Community Dealership/Quarry/Open
Commercial Commercial space/Shopping Center
West R-l -10,000 RLM/OS Vacant/Habitat Preserve
LOCAL COASTAL PROGRAM
Coastal Zone: I I Yes 1X1 No Local Coastal Program Segment:
Within Appeal Jurisdiction: I | Yes |~~| No Coastal Development Permit: I I Yes |~~1 No
Local Coastal Program Amendment: | | Yes I I No
Revised 01/06
Existing LCP Land Use Designation: Proposed LCP Land Use Designation:
Existing LCP Zone: Proposed LCP Zone:
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
Negative Declaration, issued
Certified Environmental Impact Report, dated July 26. 2010 (SCH 200511 1124)
Other, _
Revised 01/06
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on alt applications which will require
discretionary action on the part of the 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.defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below,
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, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person Corp/Part HANSON AGGREGATES PACIFIC SOUTHWEST
Title Title
Address Address P.O. BOX 639069
SAN DIEGO CA 92163-9069
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 ail 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 publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person.
Title
Address
Coro/Part HANSON AGGREGATES PACIFIC SOUTHWEST
Title_
Address P o BOX 639069
SAN DIEGO CA 92163-9069
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.cartsbad.ca.us
3. 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
Title
Non Profit/Trust,
Title
Address Address
4. Have you had more than $500 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.
I certify that all the above information is true and correct to the best of my knowledge.
' -^ -^ f *f jj&
-^^ ' ^/0+ ^7 7/Wl ~^%^ ?'
Signature of
Print or type name of owner
sTgnature of applet/date j^0 ™g
' Use, Planning &Permittingt
Print or type name orapplicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADM!N\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2
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CARLSBAD6
PLANNING COMMISSION
RESOLUTION NO. 2010- PI6
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF OCEANSIDE, CALIFORNIA APPROVING A
REVISED RECLAMATION PLAN ON CERTAIN REAL
PROPERTY IN THE CITY OF OCEANSIDE AND CITY OF
APPLICATION NO'S: RMA-1-01 Revision 05
APPLICANT: Hanson Aggregates Pacific Southwest Inc.
LOCATION: South of Highway 78, west of College Boulevard, on site of former
Rock Quarry
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WHEREAS, a Subsequent Environmental Impact Report was prepared by the Resource
Officer of the City of Oceanside for this application pursuant to the California Environmental
Quality Act of 1970 and the State Guidelines thereto.
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WHEREAS, the Final Subsequent Environmental Impact Report was also reviewed and
22 certified by the Planning Commission prior to taking action on the Revised Reclamation Plan;
23 and
24 WHEREAS, pursuant to Oceanside Zoning Ordinance §4603, this resolution becomes
25 effective 10 days from its adoption in the absence of the filing of an appeal or call for review;
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THE PLANNING COMMISSION OF THE CITY OF OCEANSIDE, CALIFORNIA DOES
RESOLVE AS FOLLOWS:
WHEREAS, there was filed with this Commission a verified petition on the forms
prescribed by the Commission requesting a Revised Reclamation Plan under the provisions of the
City of Oceanside Ordinance No. 86-32 as updated by Ordinance 99-07 and the State Surface and
Mining and Reclamation Act.
WHEREAS, the Planning Commission, after giving the required notice, did on the 26lh
day of July, 2010, conduct a duly advertised public hearing as prescribed by law to consider said
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2.
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
FINDINGS:
For the Revised Reclamation Plan:
1. That implementation of this reclamation plan is necessary to prevent and minimize
adverse effects on the environment and protect the public heath and safety. The
reclamation plan includes restoration of Buena Vista Creek and stabilization of all slopes,
within the quarry. All impacts to sensitive biological resources will be minimized and
mitigated to below a level of significance.
That the reclamation plan provides for the protection and subsequent beneficial use of
the mined and reclaimed land. Geologically stable pads and slopes will be created
within the quarry to ensure that they are safe and available for future use of the property.
The restored creek, including El Salto Falls and other site areas required for biological
mitigation, will be protected by a conservation easement in perpetuity.
The proposed mining site will be stable, free of drainage problems coordinated with
anticipated future land use and compatible with the topography and general environment
of the surrounding property. Restoration of Buena Vista -Creek will improve water
quality and drainage through the project site and downstream areas, including Buena
Vista Lagoon and the ocean.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve the Amendment to the Reclamation Plan subject to the following conditions:
3.
inmnnin
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CONDITIONS:
1 „ The Reclamation Plan shall retain the current alignment of Buena Vista Creek (Final
Subquent Environmental Impact Report (FSEIR) Refined Alternative 3).
Within three months following the approval of this revision, the applicant shall initiate
consultation regarding permits for the creek restoration design (FSEIR Refined Alternative
3) with the Federal and State resource agencies including the U.S. Army Corps of
Engineers (USACOE) 404 Permit, Regional Water Quality control Board (RWQCB) 401,
Certification, and California Department of Fish and Game (CDFG) 1603 Agreement.
An engineer's estimate of the cost of all grading and improvements, including
environmental mitigation, will be required within 30 days of the approval of the revised
reclamation plan. A bond will be required for the full amount of the engineers estimate
and will have both the City of Oceanside and the State of California named on the bond.
The bond will be filed and approved by the City Attorney and City Engineer. Bonds
shall assure timely performance of the reclamation plan including the removal of the
equipment in Carlsbad.
An agreement shall be filed with the City, prior to approval of reclamation grading plans,
to allow the City, following reasonable notice, to enter the property to correct any
landscaping or irrigation system deficiencies, any unsafe conditions or any breach of the
provisions of the Reclamation Plan where the City has determined that such action is
necessary to protect the public health, safety or general welfare.
A covenant or other recordable document approved by the City Attorney shall be prepared
by the applicant and recorded prior to the approval of any reclamation grading plans for
reclamation. The covenant shall provide that the property is subject to this Resolution, and
shall generally list the conditions of approval.
The applicant, permittee or any successor-in-interest shall defend, indemnify and hold
harmless the City of Oceanside, its agents, officers or employees from any claim, action or
proceeding against the City, its agents, officers, or employees to attack, set aside, void or
annul an approval of the City, concerning this revised Reclamation Plan (RMA-1-01).
The City will promptly notify the applicant of any such claim, action or proceeding
against the City and will cooperate fully in the defense. If the City fails to promptly
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notify the applicant of any such claim action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend, indemnify or
hold harmless the City.
7. Prior to hauling dirt or construction materials to or from any portion of the proposed
construction site within Carlsbad, developer shall apply for and obtain approval from,
the Carlsbad City Engineer for the proposed haul route.
8. Prior to moving any contaminated soil materials, Developer shall obtain all required,
approvals by the appropriate monitoring agencies.
9. Grading permit for this project is required for work within the City of Carlsbad.
Developer shall prepare and submit plans and technical studies/reports, for Carlsbad City
Engineer review, and shall pay all applicable grading plan review and grading permit
fees per the City of Carlsbad's latest fee schedule.
10. Prior to the issuance of a grading permit, developer shall submit to the Carlsbad City
Engineer receipt of a Notice of Intent from the State Water Resources Control Board.
11. Prior to the issuance of a grading permit for work within the City of Carlsbad, developer
shall submit for City of Carlsbad approval a Tier 3 Storm Water Pollution Prevention
Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current
requirements and provisions established by the San Diego Regional Water Quality
Control Board and City of Carlsbad. The TIER 3 SWPPP shall address measures to
reduce to the maximum extent practicable stormwater pollutant runoff during
construction of the project.
12. Buena Vista Creek and associated ponds shall be buffered by a 100-foot biological
buffer, and an additional 50-foot planning buffer. The biological buffer shall be fully
revegetated. Allowable uses, associated improvements and specific restrictions on
uses/improvements within the planning buffer area (i.e. trails, parking, etc.) shall be
established in conjunction with future land use/ development entitlement approvals or
other applicable permits. Any/all applicable land use/development conditions and or
restrictions shall be recorded against the property as a mechanism to assure their
implementation.
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13. A final "as approved" version of the Reclamation Plan (Refined Alternative 3 in the
FEIR) shall be prepared within 30 days of the approval of the revised Reclamation Plan
that includes all of the changes outlined in the letter to OMR dated June 24, 2010. This
final version shall also incorporate corrections from the errata as noted in the staff report.
14. The landowner, including successors in interest, subsequent landowners and/or
conservation managers shall assure that Buena Vista Creek through the site, including El
Salto Falls, has consistent and regular maintenance that is sensitive to cultural values,,
including removal of graffiti, litter, and other refuse items that may find their way into the
falls and creek. Such requirements shall be incorporated into the perpetual management,
maintenance and monitoring plan associated with the conservation easement over Buena
Vista Creek through the site, as litter and other debris impairs the importance and integrity
of the sacred waters and culturally important areas around the falls and the creek. '
15. A management plan for the area within 200-feet of El Salto Falls, within the project site,
shall be approved and shall be in effect prior to issuance of the first grading permit for
Reclamation Plan (RMA-1-01 Revision 05). The management plan shall address
provisions for cleaning and securing said area. The property owner(s) and any successor(s)
in interest shall comply with the management plan's provision's until/unless superseded by
a development and management plan associated with any future use of the subject area or
portion thereof.
II III I I II I II I-
it ii ii i nun
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16. The conservation easement placed over Buena Vista Creek, including El Salto Falls, a
sacred site, shall allow for access by Native American tribe members for ceremonial
uses, traditional gathering and similar activities associated with the tribe's cultural
values. The San Luis Rey Band of Luiseno Mission Indians shall be consulted regarding
specific language to be included in the conservation easement regarding cultural
values; the Wildlife Agencies and the Tribe shall agree to the easement language prior to
recordation of the conservation easement over the Buena Vista Creek, including El Salto/
Falls, with ultimate authority of the easement language resting with the Wildlife
Agencies.
PASSED AND ADOPTED Resolution No. 2010-P16 on July 26,2010 by the following
vote, to wit:
AYES: Neal, Martinek, Resales, Bertheaud and Scrivener
NAYS: Troisi, Balma
ABSENT: None
ABSTAIN: None
Bob Neal, Chairperson
Oceanside Planning Commission
Jefry Hittl^man, SecretaryJefry Hittl^
I, JERRY HITTLEMAN, Secretary of the Oceanside Planning Commission, hereby certify that
this is a true and correct copy of Resolution No. 2010-P16.
Dated: July 26, 2010
Applicant accepts and agrees with all conditions of approval and acknowledges impact fees may
be required as stated herein:
81010
Applicant/Representative Date
Address
APNSite Acreage
Existing Zoning
Existing Gen Plan
Existing Land Use
3701 Hoymar Drive, Carlsbad, CA
167-040-21100.13
M & R-1-10.000
RLM&OS
Concrete & asphalt recycling at former quarry (all
and vacant land
Reclamation of former quarry including creek restoration. No end
uses are proposed with this application.
No subdivision or lot development proposed with this application.38.3 % of site - all disturbed areas to be planted.
City of Carlsbad
Carlsbad Unified School District
Classification of Lots
Percent Site Landscape
Sewer/Water Services
School Services
Bearing and distance data shown on Grading Plan.
DCS3-0: OtBQin CotaH Sage
DEV: OewlofW)
SCWftf: So. Cottonwood-Wfcw Rkwfcn Fowtl
f'y'J'j SMC: aouttam Mnafl Chaparral
Landscape Archnect
The EJghtfoot Ranning Group
5750 Fleet Street, Suite 250
Carlsbad CA 92008
760-692-1924
Hanson Reclamation Project
Site Plan
Flood Plain Special Use Permit 0743
Hillside Development Permit 07-01
Habitat Management Plan Permit 07-06
Owner
Hanson Aggregates Pacific Southwest, Inc.
P.O. Box 639069
San Diego, CA 92163
858-277-5481
Ptanner/Representatiye
The Lightfoot Planning Group
5750 Reel Street Suite 250
Carlsbad, CA 92008
760-692-1924
Civil Engineer
Chang Consultants
P.O. Box 9496
Rancho Santa Fe.Ca 92067
858-692-0760
Prepared: Jdyi7.2007. rev
QUARRY CR^K II
CARLSBAD PARCEL - SLOPE ANALYSIS MAP
RANGE
COLOR BEQN4MQ
| | OX
15%
j 2SX
•J >40X
RANGE
END
<16X
< 2SX
4OX
-
TOTALS
PERCENT
54S7.
vax
13w6X
17.6X
100XIX
Pg| EXBTHO SLOPES WITH HBOHTB GREATER
AREA
5S.O AC
13J9AC
13.6 AC
17.6 AC
100.1 AC
13 AC
- CAMJQBAD AIKA>200,100 CY / 007 GRADED ACPB8 - ftOOO CY/ACPE
• RJLL. anB ONCUJOEB 4 AC M OCEANaDE)274^400 CY / 42.1 GRADED ACMBB • OOOB CY/ACRB
• OTE ORADNOj ON 1MB EXWTT 18 FROMnECLAMAHON GRADMQ PI-AN BY CHANQCONBULTANra. PLEASE REFER TO THAT PLANFOR AEOmOMAL GRADNGi PLAN DETAL&
• ELOPH ANAL.YGB AND SLOPE PROHLESPRBPAFED BY CHANQ CONSULTANTS AND HAWBEEN ACCURATELY CALCULATED AND
PROJECT DCOQN CONSULTANTS PHOTOORAMMETHY
DEPARThEVfTDATE) OBPTEhBER ». 2O(M
DATUM MBL. 1964 ADJUSTED ELEV.
BXIBTNa CONTOUR
PROPOSED CONTOUR
DAYLIGHT LftE
PROPOSED 8TORM DRAMCLEANOUT
= = <
OCTOBER 7, 2OK)
5rf 5«l:vJr' • » «• ,' »JA .*,,* ..„ 2L ,n<. ^S«J-.* "nafc.5*!?,; -jS,
GBBW. NOTES
ADDRESS:APNi 167-040-21
SIC ACREAGE:EXISTING ZONING:
EMST1HG GEN PLAN:
EXISTING UNO USE:
PROPOSE) LAND USE
CUS3FICATION OF LOTS:
PERCENT SHE LANDSCAPE
SEWER/WATER SERVICES:SCHOOL SERVICES:
_ '- -N \ , VV '\
^ \ \23.'i >V I ^
3701 HAYMAR DRIVE, CARLSBAD, CA
100.13 ACRESU ft R-1-tO.OOO
RLM ft OS
CONCRETE * ASPHALT RECYCUNG AT FORMER QUARRY (ALL MINING COMPLETE)AND VACANT LAND
RECLAMATION OF FORMER QUARRY NOUDINC CREEK RESTORATION.
NO END USES ARE PROPOSED WTH THS APPLICATION.NO SUBDIVISION OR LOT DEVELOPMENT PROPOSED WITH THS APPLICATION.
38.3X Cf SITE - ALL DISTURBED AREAS TO BE PLANTED.
CITY Cf CARIS8ADCARLSBAD UNFED SCHOOL DISTRICT
GRADING PLAN ADDITIONAL NOTES:
WATER SERVICE TO THE SITE WU BE LMTED TO IRRIGATION SEFHCE ONLY. NO DOMESTIC OR FIRE SUPPRESSION SYSTEMIS PROPOSED WTH THIS APPLICATION.
RECYCLED WATER IS NOT AVAILABLE TO THIS SITE
ALL LANDSCAPE IS DESIGNED TO BECOME SELF-SUSTAINING. IRRIGATION WILL BE PROVIDED AS REQUIRED FOR
ESTABLISHMENT AND MAINTENANCE OF MANUFACTURED SLOPES. NATIVE REVEGETAT10N AREAS M1HN THE SITE AREDESIGNED AND INTENDED TO ULTIMATELY ELIMINATE DEPENDENCE ON IRRIGATION.
RAH EARTHWORK QUANTITIES
274.000 CY CUT
0 CY BALANCED
HANSON AGGREGATES PACIFIC SOUTHWEST, INC.P.O. BOX 639069
SAN DIEGO, CA 92163B58-277-5481
THE UGHTFOOT PLANNING GROUP
5750 FLEET STREET, SUfTE 250CARLSBAD. CA 92008
760-692-1924
423.000 CY (ESTIMATE BASED ON ^FORMATION IK SOLS REPORT)
CHANG CONSULTANTS
P. 0. BOX 9496RANCHO SANTA FE. CA 92067
858-692-0760
L/tNpSCAPE ARCHTECT
THE UGHTFOOT PLANNING GROUP5750 FLEET STREET. SUITE 250CARLSBAD. CA 92008
760-692-1924
x \ V3-V\|
\ ' \ y\rt
-1-^
/ \ 'I' V V fe1* ttfK> EWS11NG WA"7FENCE .(.9 K ! '^~
\\\. • \/ /^PROPOSED FENCING ••<'•• \ '.'• \ \
,,-\, i XM PROPOSED FENCING " ~~( ,^--' ~ ~ ",---
f" "J/f JlkJiHTO EXISTING FENCE L/ ^H7.&'' , •;,.' ' .-- -j- -;-" ••: ,-' .T-
xuVq'-'lHEaE.»,--.. ' 'f PROPOSED STORM DRAINS ONRj -- - THS DETAIL WLL BE PRIVATE xH^-
^ \ ^t [SEE SHEET 2 FOR SIZES. ___v_
BBMENCT ACCEBS DETAi-
SC«E- T-W
I' UN. OVER —*^& / ^.100-YEAR WAIF) ^V\SURFACE ELEVAWH T \
BdKfD-/ ^-1:1
NOTE SECTION C-C Ml FUNCDOH AS Ml ENGMERED
STOCS«ESON STEP TO BC CT AM _GRADATION (ESTABLISHED BY DKMCBWG
ANALYSES) PIACED OVER H.TER MATCTALGROUT TO ONLY BE UXE> WERE ICECD TORESET UGH FLOW vaoOICS.
SECTION C-C
8UPO7-O3HDP 07-01HMP 07-06
LEGEND
ITEM
EXISTING CONTOUR
PROPOSED CONTOUR
PROPERTY LINE
EXISTING SPOT ELEVATION
PROPOSED INVERT ELEVATION
DIRECTION OF DRAINAGE
PROPOSED DRAINAGE SWALE
PROPOSED RIPRAP
PROPOSED STORM DRAIN
PROPOSED WINGWALL
PROPOSED STORM DRAIN OLEANOUT
PROPOSED STORM DRAIN CtEANOUT/
DIVERSION STRUCTURE (SEE DETAIL)
SDRSD D-34, D-35
SDRSO D-9. 0-10
SDRSD D-9. D-10
OVBaONSTBUCTlJHEDErAi-
NOTTOSCAL£
... TOW GROUTED RPRAP (T-141PER CM.TRANS STD. SPECS, OVERFLTER BLANKET PER SOLSENOMEER'S RECOUMEHDATON
- 1/2 TON CROJIED RIPRAP (T-14')PER CALTRANS STD. SPECS. OVERRUER BLUMTPER SOLSEWKEFft RECOMMENDATION
RISER (UAItH OUIFLOWPPE
~~ DIAUETER) WTH SUT5 TOPREWT POMWG. IWTl-VDRTEXPLATE, AND WAPFED WH 3/4'^ W*va. COKE OVER FITER
FLOW
VAHES 5' UK
.T BASH PLAN OYPJ
—3 CY CONC. ANCHOR
'-RCP PER PLAN
i_T BASH SECTION
KOTt
TRA94 COUEC1KN BUPS ML BE B#>L£UEKTEDFOR TRBUTARt Off-SnE FLOHS DURWC FW«.EHGMERMC PURSUANT TO REQUKEUEXTS
ROM THE (JTY CF CARLSBAD.
) mo* orv <y acuitaot.REVISION DESCRIPTION
PUNNING DEPARTMENT APPROVAL
PUKHIHG DDtKCTOB
"» / /
I CITY OP CARtS&AD II ENGINEERING DEPARTMCNT |
HANSON AGGREGATES
QUARRY CREEK
APPROVED: MN K. VAN PESW
B dvt ENMa ft Hint EMB 1
DECEMBER 7. 2010
PUNfflNG DEPACTMENT APPROTA1
out / /
DECEMBER 7. 2010
PAD HULL. BE IFRGATED 4O PLANTED 1WTH tlWTERCCNSBWNi NCN-NVASIVE PUNTHj.MOT A PART Cf
CARLSBAD AFH.ICATION
FOR REfB^ICE ONLYHYPRQ5EEP OH PROJECT GRADEDS LESS THAN t,-\ TYPICAL 7
EROSION CONTROLHYPROSESD
PLANNING
SITEDESIGN
LANDSCAPE
ARCHITECTURE
ZONE 3 - NATURALIZHS/TRANSmONAJ.
QWPATICHrBaLpeUA.LOUB OR TOTCN N
TOP OF BLOFE (DOUH TO P-1DJ
UPUM3 CFEATICN;COAST* 9A3B
SCRJBRtFARWN BlRER-TTPICAtT&TTBOL
ujrmV " VEXI9TN3 OPEN OUTER POND WTH SURROIICIN3 FRESHWATER
EXI8TNG V6SETAT1CN TO REMAN POOLS USNS RIPRAP
MiXED 5I2E QRiDATtONNTERPUKTEP IWTH IWU.OU6 IUTH6RCUTN3 TO BE USEP ON1.T WEF£
,J\\ ~- --", \ NECE66ART TO RESIST HteH FLOUI- 41 vacates, ne SERIES OF STEPS
i ':A\AMD POOLS ARS resia«p TO-ALLOUTO FUW
DURN&
BIO-R.TER SUUIE /
pe&ILTBASM
ZONE 3 - NATHMU2M3/TRANSITfOHAL
NATIVfi BOULPBS
SPAROLT PLACED
BASED CN HELIX BIOLOGICAL HABITAT HAFPN3-JM ^8/0AMD PROPOSED MITIGATION PLFOR FULL LMITS OF WO' BIOLOGICAL BLFFER AMP50 PLAWN3 BUfER ONSFTE, PLEASE SEE
HOJRE 4-6 OF THE AmOED RgaAtUTION PLANFOR FOF3-ER SOUTH COAST HATERIALa QUARRY
STATE nie ID • y-y\-ew6, APPROVED BYim CITY OF OCEANSIDE JULY !6.
SHEET INDEX
L-t LANDSCAPE CONCEPT PLAN
L-I CONCEPTUAL PLANT PALETTES. SITE DATAAND NOTES FOR PLAHTH3 CAteOORES
L-3 IUATERCCNSERVATICNPLAN
CITY OF CARI5BAD
HANSON AGGREGATES
AMENDED RECLAMATION PLAN
ZCNE 3hJATURALIZKi/TRANStnoMAL&43Q SF.5» CF LANDSCAPE
BOTANICAL NAME COMMON NAME
BOTANICAL NAME
OJANTITTMWrtn15HRJBPER
200SO.FT.
(AFPSOX. tn 6HRJBSJ
OWMIITY MWnil:
1C* COVERAGE AT
MATURE SPREADtOTY. VARIES;
B4J» SF. APPROX.B0* COVtRA&Enote TEAS
COCEPTUAL SLOPE EROSICN CCNTROl PALETTE SLOPE 6FEATER THAN 6:1
OERQJS AQRFOLIAOJERCUS EHSELMAWII
ARBUTUS XT1ARKA'
EM3ELMANOAK
EXCELSA >€U JEJUtD ORSTHASTREE
. jCCriMCjj_NAME_
LARGE 6HRBS. ONE OR MORE Cf THE
ARCTOSTAFMTLOS 'JOH OCURtET JOH4 DOURLET MANZANITA
ARaoSTAFHYLOe D. «MCIWT MC M9WMANZANITA
CEANOTHU9 CONCHA
jgANOTHUS 'JOYCE COULTER'
COPRO5MA REFEHS (BAUERIJ
PLUHBAQO AUR1OJLATA fCAPcNSIS)
j-Qll SF^READINQ
jRCTOSTAPHrLOSFACFIC MIST'
jEANOTHUS 'HEART'S DESIRE',
J6ANOTHU5 Ct. R "YANKEE POINT'
^OTONEASTER k -LOUFAST'GROUMDCOVER
MIRROR PLAHT
CAPE PLUMBAGO
COAST ROSEMARY
! HORE OF rg FOLL(
PACFIC MIST MANZANITASUNSET MAHZANITA
BEARBERRY COTONEA5TER
^OPROSMA X KJRKil
JVA MAYE5IANA I SAN DIEGO MARSH ELDER
L COVER CROP/KEWFORCED STRAU! MATTING SHALL BE INSTALLED UJHEN PLANTING OCCURS BETUEENAUGUST 15, AND APRIL 15. TYPE AND MANUFACTURER SHALL BE APPROVED BY THE CITY AND STAKED
TO THE SLOPE AS SPECIFIED BY THE MANUFACTURERTHE COVER CROP SHALL BE A SEED MIX OF OUICK GERMINATING, FAST COVERING GRASSES, CLOVERS
AND/ OR ULDFLOUER9 (IHICH SHALL BE SUBMITTED FOR CITY APPROVAL PRIOR TO APPLICATION.COVER CROPS SHALL BE APPLIED AT A RATE AND MANNER SUFFICIENT TO PROVIDE 90* COVERAGE
IWTHING 30 DATS.
3. LOUJ SHRUBS: LCtti &PREADN3 UJOODY SHRUBS SHALL COVER A MINIMUM OF 10* CF THE SLOPE
FACE (AT MATURE 8IZEJ. MNMJ1 SIZE I-J" LINERS OR AS NOTED.
SL.Of5S_L£SS THAN_3' frj YERTJCALHEJ6HT AND ARE A
SLOPES BETUEEN 3-8' N vFJeTICAL HEIGHT,
STANDARDS 11 AND f3 APPLY.
FOR SLOPE AREAS GREATER THAN B' IN VERTICAL HEIGHT.
STANDARDS t, 1, *3 AND *4 APPLY.
RO&A CAUFORNICA
IONE3HATURALIZNS/TRANSITIONAL
BOTANICAL NAME
NATURALIINi/
TRANSiTICNAL46361 SF3J* CF LANDSCAPE
PR5VATELT MANTAICD
ER3SICN CCNTROL SLOPE LESS THAN 6:1
HYDROSEED MIXTURE
COMMON NAME
PLAXTAGO ERECTA
PLANTAGO INSULARIS
LASTHENIA CALIFORNICA
JJPINU5 BICOLOR
LUP1NUS SUCCULENTUS
VULPtA MICROSTACHY6
DOT-SEED PLANTAIN
COMMON GOLDFIELD9
ARRpYQ LUPINE ,
SLURRY: CCMIED BI30D FIBER MULCHECOLOGY CONTRCU M-BH^RAM 170 MYCOKRHIZAL NOOJ.UMHSTAU. FEB 9 ' 5 SEED SFECFCATCTS. MB-ea4^H3t
BIOLOGICAL BlffER VEGETATION -LEVEL AREAS
HYPROftEEP MIXTURE
BOTANICAL NAME COMMON NAME
LASTHENIA CALfORNICA
LOTUS SCOPARIUS
LUPHIS B1COLOR
NA&SEILAPULCHRA
PLANT AGO ERECTA
COMMON GOLDFIELDS
FURP1E NEEDLEQRASS
DOT-SEED PLANTAN
SLURRY: CONOED U30D FIBER MJLCHECOL03Y COKTRaS H-BNDERAM C0 MYCORRHIIAL NOOIUM
NSTAa FW 5 IS SEED SfKfl&iTICW, B»-fcW-W3* (
S^^^
ICNE3MURAL ffKi/TRANSITICNAL181,583 SF.I0.e»OF LANDSCAPE
n &ENOJTm
KE
(Wt
(Wt
(UL
<yj
AAI
<Ul
(Ui
SOI(yi
OAtau
»m
ZOE3NATlRALIZKi/TRANSmCNAL16031 SF.1J*OFLAND3CAPE
SUE
1 (M
1 (Man
ON
1 <Ui
ISA
uRAND CREAT1CN DIEGAN COASTAL SAGE SCBB PLAVI PALETTE
CONTAINER PLANTING
BOTANICAL NAME
ARTEMSIA CALFOWflCA
ENCELIACALFORNICA
EF3060KM FASCICULATiriSSPFASCIOJLATlhtETERTEUSJfranraLA
K4LOSHA LAURKA
RHJB NtKSRMLIA
suirBuasrexi&WA
RANTS FW UPPER SLOP
ORKTIA LtTTORALIS
OFWTIA PARRY1I
CRNTUPK3LIFERA
CCT1MCNNAME
COASTAL SAGE BRU»
CALFORNIA ENCELIA
CALRJWSA EOCraWEAT
TOYON
LAUREL 5O1AC
LEMCHADEBERRY
BLACK SAGE
BLtE ELMRBERRY
E EDGES AS BARRIER RA
COASTAL PRICKLY PEAR
SNAKE CHOLLA
COASTAL CHCUA
&EED MIXTURE
BOTANICAL NAME
ARTEMISIA CALIFcmiCA
BACCHARIS PIULARIS
DEINANDRA FASCCULATA
ENCELIA CALFORNICA
EraOGONUM FASCICULATtH
ERJOPHYLLUM CONFERTFLORUM
ESCHSCHOLZIA CALIFOWICA
ISCCOMA fB4ZCSIILASTMEKIA CALFORKICA fOWCILB)
LOTUS SCOPARIUS
LUPWU9 SUCCULENTUS
MMULU3 AURANTIACUS
NASSELLA FU.CHRA
PLANTAGO ERECTA
6ALV1A MELLiFERA
SISYRiNCHIUM BELLLM
SSSff
5
5
&
1212
13
5
12
NTNi
&
&
&
SP*&
3
\0
5&
&
10
5
&
10
10
cmr/AC
250
200
200
£>060
60
200
£>0
40
60
60
COMMON NAME
COASTAL SAGEBRUSH
COYOTE BRUSH
FASCICLED TARPLAm
CALFOWIA ENCELIA
CALFORMA BUOCUWAT
GOLDEN-TARRO1U
CALFORNIA POPPT
GOLDENBUSHCOTKN GOLDHELDS
DEERHEED
ARROYO LUPINE
MONKEYFLOliER
PURPLE MEEDLBGRA99
DOT-SEED PLAKTAN
BLACK SAGE
BLUE-ETED GRASS
LB/AC
3
1
2
2
6
2
2
1
2
I
2
2
6
2
3
2
UFUt) CREATICNTftWSITlCNAL BBtH VBHATICN pLMPALEHE
CONTAINER PLANTINO9
BOTANICAL NAME
ARTEMISIA CALFORMCA
ENCELIA CALFOBflCA
ES3OJCHM FASCIOLATU1
LEYMJS OaCB6ATU&
LOTUS SCCPARRJS
SAMBUOlSMEXtCANA
COMMON NAME
COASTAL SAGEBRUSH
CALFORNIA ENCELIA
CALFORJIA BUCK3UHEAT
ilANT OHLD-RYE
DEERUEED
5LUE ELDERBERRT
HCK<n
&
&&&&
12
r*&
3
10
10
10
5
OTY;AC
250
200
100
60
250
60
SEED MIXTURE
BOTANICAL NAME
ARTEMISIA DCU3LASIANA
ARTEMISIA DRAONCULUS
BACCHARfS PILULARIS
EMCOOMUM FASCICULATIM
I&GCOMA MENZIESII
NASSELLA PULCHRA
CCMMCN NAME
MUGUIORT
TARRAGON
CALFORMA BUCKUtCAT
CALFORNIA BUOCtWEAT
GOLDENBUSHuujjtrl lAptmMi
LB/AC
S
5
I
&
Z
3
20
UWOSOPC ARCHITECT 0
$S8P
3flt 1 <M
SOIL
StiAl
*"M3'
<"W3
«<B
1 Wi
. -
ZONE3KATURALIZN&/TRANSITtCNAL13561 SF.0WCF LANDSCAPE
PRIVATELY MANTAINED
RIPARIAN CREATION RANT PALETTE
CONTAINER PLANTING
BOTANICAL NAME
ARTB1ISIA pALMERI
BACCHARIS SALICFOLIA
ISOCOMA MENZIEStl
PLATANU3 RACEMOSA
POPULUS FREMONTII
SALIX EXlGUA
SALIX GOODDNSII
SALIX LAEWiATA
SAMBUCCUS MEXCANA
SEED MIXTURE
COMMON NAME
SAN DIEGO SAGEIUORT
•ULEFAT
GOLDENBUSH
1ESTERH SYCAMora
HESTEWCOnoNlCCD
SANDBAR UJILLOUI
GOODDING'S ILHLLCUI
REDILHLLCUJ
SLUE E.DERBERRY
BOTANICAL NAME
AMBROSIA PSILOSTACHTA
ANEFIOPSIS CALFORNICA
ARTEMISIA DOUQLASIANA
BACCHARIS SALICFOLIA
CYPERUS ERAGROSTIS
ELEOCHARIS MACROSTACHYS
EUTH4MW OCe/DENTALISISOCOMA HENZIESII
JLUCUS ACUTUS SSP. LEOI
JtflOS EFFUSU9 VAR PAC
•CLDtl
RQSOENOTHERA ELATA SSP. MOCKER!
PLUCHEA ODORATA
8CIRPUS MARIT1MUSTYPHA LATFOLIA
SPWCfTOQ
5e
5
15
15
12
12
12
10
KVW
HE
5
3
5
3
3
3
3
3
OTY;AC
50
500
200
60
60
150
300
100
£.0
COMMON NAME
UESTERN RAOUEED
YERBAMANSA
DOUGLAS MUGUIORT
•ULEFAT
TALL FLATSEDGE
PALE SPIKE-RUSH
IESTERN GOLDENROD
GOLDENBUSH
JOUTH1ESTERN 61aACFIC RUSH
-OCKERS EVEN*
NT RUSH
SPRMRDS
SALT MARSH FLEABANE
3ULRUSH
CATTAIL
*eS&
20/30
&0H0
EA0\sn0
<&!M>
90/10
30/30
40/30
30/80
3>/M9
3C40
W/&0
W«0
\fvtr
4
1
3
t
1
)
3
Cb
e>s05
;
1
1
RCCK/Rip RAP STRUCTURESOF VARYN3 GRADATIONWTH EMERGENT BOULDERS AND LOCALLY HARVESTEDHHLLOUI CUTTNGS fRIPAWANJ OR TOYON LINERS (UPLAND; IN 6-0"EMBEDDED TUBES " MIN. SPACING OF 30' OC.
VEGETATED 5EWLE5 AC DESUATICN BASMS
SEED MIXTURE
BOTANICAL NAME
BRCMUS CARINATUS
DISTICHLIS 6PICATA
LEYMUS TRITICHOIDES
MUHLENBERGIA RIGENS
COMMON NAME
CALFORNIA BROME
SALTGRASS
BEARDLESS IIILDRYE
DEERGRASS
LB/AC
(J
4
6
I
SLURRY, CCNiED WOOD FIBER MULCHECOLOGY CONTROLS M-BNDERAM Q0 MYCORRHIIAL INOCULUMWALL PER 9 ( 9 SEED SFKKMO& B2S-6M-M36 IftX-tK-tM-TKB) OR wfeueAeea
• \D0 RIPARIAN BUFFER
BA5ED ON HELIX BIOLO3CAL HABITAT MAPPING AND PROPOSED MITIGATION PLAN rt/«JFOR FULL LIMITS OF 100' BIOLOGtCAL BUFFER AND 60' PLANNING BUFFER ONSITE. PLEASE SEEFIGURE 4-5 OF WE AMENDED RECLAMATION PLAN FOR FORMER SOUTH COAST MATERIALS OJARRY
STATE MffC ID • 91-31-0016, APPROVED BY T>€ CITT CF OCEANSIDE JULT Jfe. 2010
GENERAL NOTES:
L ALL SQUARE FOOTAOES ARE APPROXIMATE BASED ON CONCEPTUAL LANDSCAPE AREAS.
2. ALL LANDSCAPE AREAS ARE TO BE PRIVATELY MAINTAINED.3. ALL REVEGETATION AREAS ARE TO RECEIVE IRRIGATION AND PLANTING, AS REQUIRED BY THE CITY OF
CARLSBAD STANDARDS AND AS 3FECFIED PER BIOLOGY REPORT AND AS APPROVED BY THE RESOURCEAGENCIES.
4. PLAN INCLUDES ONLY AREAS U8THIN CARLSBAD JURISDICTION.5. THE CARLSBAD PORTION OF THE SITE 16 A TOTAL OF t0e>.Q ACRES.t>. TOTAL LANDSCAPE AREA; 16*3,913 SF. • 383» OF SITE
1 ALL REVEGETATION ACREAGE, QUANTITIES, SIZES AND RATES SHALL BE PER PROJECT BIOLOGIST ANDARE SUBJECT TO FINAL APPROVAL Cf RESOURCE AGENCIES,
8. FUEL MODFICATICN ZONES ARE NOT APPLICABLE OR PROPOSED IN OR OUTSIDE THE REVEGETATIONAREA
REVISION DESCRIPTION
SBEETII CITy OF CARLSBAD ||
PLANNING_OEPAHTUEMT I!
HANSON AGGREGATES
AMENDED RECLAMATION PLAN
THE
IIGNIFDOT
PUNNING
CROUP
PUNNING
SITE DESIGN
LANDSCAPE
IFIEHt!,1111, ClMil-Ill{1111 lit-
Q\ 1-31-ei. 6/8/099, ins, 4yia, M9/ia
CO
L-2,
WATER CONSERVATION INFORMATION TABLE
sir-ecu
iff
^— ^~
V ^
ZONE DESCRIPTION
ZONE 3. NATURALfflNG TRANSITIONALSLOPE EROSION CONTROL LANDSCAPEfSLOFE GREATER THAN 6:1J
ZONE 3= HATURiLSim TTWNSmCHii
EROSION CONTROL LANDSCAPEf SCOPE LESS THAN «:|J
7Ct€3i NATURALIZINS TRANSITIONALNATIVE REvEGETATION LANDSCAPE
MOT A PART
AREA (90. Ft)
643B
1>23>60
i«j«3
* OF LANDSCAPE
5*
T32*
Bfft
GAL PER TEAR
53J3I
f * K>" PER TEAR;
633043
( •&' PER 1CARJ
l65fiW
f • W TO! TEAR)
SUMMARY
HTDRO2QHE HTbROZtM AREA » Or LANDSCAPE
ZONE h 0 0 *ZONE 2; 0 0\
ZONE 3t 1*669.322 9F. 100 *ZONE 4: 0 0k
1^61^6!
SEE LANDSCAPE CONCEPT PLAN (L-D AND LEGEND AND NOTES (L-2)
SEE PRELIMINARY CIVIL DWQS. FOR GRADING PLANS
WATER CONSERVATION NOTES
I TABLE ABOVE 15 BASED ON INFORMATION PROV1DB? IN THE LANDSCAPE M4MIAJ. FOR THE CITT CFCARLSBAD AND AFFTaOXlMATBD 3O1AFE FOOTAOES BASED ON CONCEPT PLAN.
l GALLONS PER TEAR FOR THE SITE f REvEGETATICN AND. ^
SLOPE EROSION CONTROL. COMB-NEDA
3. MAIHTaiflMCE: ALL PLAHTED AREAS UHLL BE PRIVATELY MANTAINED.
4. THESE PLANTS HAVE BEEN SELECTED FOR THEIR AESTHETIC VAUC AS UELL AS FOR THEIR ABILITY TO
THRIVE ON EXISTN3 SOUR, IUND, AND IUATER CCNPITIONS OF THE SITE. THESE PLANTS ARE HELL ADAPTEDTO THE CARLSBAD CLIMATE AND DO NOT DEMAND A HVM AHOlKT OF UlATER SUFnB^MTAL IUATER 19ESTIMATED TO E€ LESS THAN THE 1^62^61 QAL PER TEAR SHOUN N THE TABLE ONCE PLANTS AR?
ESTABLISHED.
5. WE SOIL SHALL BE AMENDED TO MPROVE THE PUNT OMtLrTH ENVIRCM"Bff. QRCUNDCOVERS SHALLFILL W BETU&I THE SWRBS TO SHIELD THE SOIL FROM THE SIN AMD REDUCE EvAPOTRANSPIRATION. ALL
THE FLOUER AND SHRLB BEDS SHAU BE MILCHED TO HELP CONSERVE UlATER, LOUER THE SOILTEHPERA1URE AND REDUCE HEED (3ROUm4. SHRUBS SHALL BE ALLOUED TO OROU TO THEIR NATURAL
FORMS. THIS HULL WORK TOGETHER UTH THE QROUNDCOVERS AND MH.CHES TO RHXKE THEEVAPOTRANSPIRATICN RATES OF THE SOIL.
6. PROPER LANDSCAPE MAINTENANCE CAN CONSERVE ENERGY AND IUATER LUATER RECTCLINQ IS ALSO A
MEANS TO CONSERVE WATER HOUCvER. NONE IS AVAILABLE TO THE SITE.
i. crrr APPROVED BACKR.OUI PREVENTION DEVICE SHALL BE CERTFIED.THE PONT OF CONNECTtON. ALL MRtto, AU PIPE AND . SLEEvM3yALvES. EOJiFMENT, OPERATIH3
PRESSira AND VELCCfTT CONSTRANTS SHALL CONFORM TO THE CURRENT CITT OF CARLSBAD LANDSCAPEMANUAL AND RESPECTIVE AGENCY GUIDELINES AND CODES.
I. ALL SYSTEMS SHALL BE FROM A SEPARATE IRRIGATION METER AND CONTROLLED BY AN ET -BASED<SMART 1 CONTROLLER (LHW A RAN SHUTCfF DEVICE AND HOI) SENSING IN ORDER TO MPROVE IRRIGATION
EFFICIENCY AND IUATER CONSERVATION.
4. THE AUTOMATIC CONTROLLER SHALL BE CAPABLE OF OVERDIN3 THE SYSTEMS BASED ON INFORMATIONFROM SENSORS SUCH AS H0ISTURE SENSOR H.OUJ S&BCR RAN SENSOR, ET SENSOR il«CH SHALL BEPLACED AT STRATEGIC LOCATIONS.
REVISION DESCRIPTION
|| CITY OF CARLSBAD ||\[ PLANNING DEPARTMENT ||
AGGREGATES
AMENDED RECLAMATION PLAN
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U. S. Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Rd. Suite 101
Carlsbad, California 92011
(760)431-9440
FAX (760) 431-5902
California Department of Fish and 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-06B0009-10TA0974
Mr. Van Lynch
Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-7314
ICiTY OF
OCT 18 281
132010
Subject: HMP Equivalency Determination for the South Coast Quarry Creek Amended Reclamation
Plan Project, City of Carlsbad, San Diego County, California
Dear Mr. Lynch:
The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service
(Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed the August 6, 2010,
request for an Equivalency Determination for the South Coast Quarry Creek Amended Reclamation
Plan Project, specifically Refined Alternative 3 (proposed project). Our review of the proposed
project's equivalency with the City of Carlsbad (City) Habitat Management Plan (HMP) is based on:
information provided in your request and the Final Subsequent Environmental Impact Report (FSEIR)
dated February 2010 and certified by the City of Oceanside on July 26, 2010; project-related
communications subsequent to our receipt of your August 6 letter; our knowledge of sensitive and
declining vegetation communities in the County of San Diego; and our participation in regional
conservation planning efforts. On September 7, 2010, the Department requested and you granted the
Wildlife Agencies an extension until September 23 to respond to the City's request. On September 23,
you granted an additional extension until October 15 to the Wildlife Agencies. We appreciate the
extensions.
The primary concern and mandate of the Service 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 occurring in the United States. The Service is also responsible
for administering the Federal Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et
seq.}, including habitat conservation plans (HCP) developed under section 10(a)(l) of the Act. The
Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental
Quality Act (CEQA; Sections 15386 and 15381, respectively) and is responsible for ensuring
appropriate conservation of the state's biological resources, including rare, threatened, and endangered
plant and animal species, pursuant to the California Endangered Species Act (CESA) and other sections
of the Fish and Game Code. The Department also administers the Natural Community Conservation
Planning (NCCP) Program. The City is currently participating in the Department's NCCP and the
Service's HCP programs through its implementation of its approved HMP under the Multiple Habitat
Conservation Program (MHCP).
Since 2005, the Wildlife Agencies have participated in several meetings and submitted three letters
regarding the proposed project. The letters were the: (a) December 14, 2005, letter to the City of
Mr. Van Lynch (FWS/CDFG-SDG-06B0009-1OTA0974) 2
Oceanside on the Notice of Preparation of the draft SEIR1 (b) November 18, 2008, letter to the City of
Oceanside on the draft SEIR; and (c) December 19, 2008, letter to the City of Carlsbad on the HMP
equivalency of the proposed project. On October 27, 2009, the Department (Dave Lawhead and Libby
Lucas) participated on a conference call regarding the HMP equivalency with the City (Van Lynch), and
the applicant's representatives (Ann Gunter from The Lightfoot Planning Group, and Barry Jones from
Helix Environmental Planning, Inc.). Subsequent to our receipt of your August 6 letter, we asked
several project-related questions by electronic mail to which you, Ann Gunter, and Barry Jones
responded in writing, and on October 6, 2010, we further discussed the project in a meeting with the
same parties. We note that the City's request for an equivalency determination pertains only to the area
covered by the South Coast Quarry Creek Amended Reclamation Plan, and that additional equivalency
determinations would be required as a result of future development of the site if modifications of the
HMP hardlines are proposed.
We appreciate the attention to the concerns that we have raised about the project since 2005, the
resulting improvements in the preserve configuration and reductions in biological impacts, and your and
the applicant's continued cooperation in responding to our recent questions. Based on the following
discussion of the proposed project, the Wildlife Agencies find the proposed hardlines equivalent to those
in the HMP.
Project Site Location
The 104.2-acre site of the proposed project is located south of State Route 78 along Buena Vista Creek
(Creek) immediately east of the Department's Buena Vista Creek Ecological Reserve; 4.1 acres are
within City of Oceanside and 100.1 acres are within the City of Carlsbad. The project site is within the
HMP's Local Facilities Management Zone 25, but not within that Zone's Standards Area.
Project Description
Compared to the historic 50 to 80-foot width of the reach of the Creek within the project site, the
proposed project would provide an overall width of 194 feet, including a 150-foot wide bottom,
transitional 2.5:1 (horizontal to vertical) side slopes or benches, and overbank terraces on both sides of
the Creek. More specifically, the proposed project would provide:
a. a less than a 0.2-percent longitudinal gradient along the Creek to avoid erosive flow velocities;
b. a minimum of 7 feet of freeboard above the 100-year flow rates, exceeding the standard 1 foot of
freeboard typically required;
c. a thalweg with a gentle curvature;
d. seven rock drop structures ranging from 1 to 3 feet in height at irregular intervals along the Creek,
and built using rocks of varying gradation including emergent boulders, to create a step-pool-step
profile; and
e. transitional side slopes or benches constructed along the banks, with varying widths, but a total
width of both benches (i.e., one on each side of the Creek) at any given point of 24 feet.
1. The draft EIR was subsequent to the EIR (SCH# 2000041003) certified by the City of Oceanside in 2001 for the
Quarry Creek Project, which involved construction of a shopping center on a 58.7-acre site in Oceanside, an
amendment to the South Coast Materials Reclamation Plan in Oceanside and Carlsbad, and widening of College
Boulevard south of Haymar/Plaza Drive.
Mr. Van Lynch (FWS/CDFG-SDG-06B0009- \ OTA0974) 3
The drop structures and other artificial hardscape (e.g., buried riprap revetment would be constructed
behind the banks) are designed to prevent erosion within the Creek and along its banks and would
planted with willows. Riparian vegetation would be created within the Creek and would naturally allow
the water course to form and adjust its flow and design gradient. Because the Creek has been designed
to convey the 100-year flow with a minimum 7 feet of freeboard assuming a densely vegetated channel
with natural obstructions, the drop structures and other artificial hardscape and vegetation within the
Creek would not require maintenance that would affect vegetation.
Starting approximately 4 feet above the Creek bed, a biological buffer no less than 100 feet wide at any
point (pers. comm., Ann Gunter and Barry Jones, October 6, 2010) would be vegetated with Diegan
coastal sage scrub. The areas outside the riparian buffer north and south of the Creek would be
hydroseeded for erosion control. A 10-foot wide planning buffer would extend beyond the biological
buffer on both sides of the Creek.
The proposed project would avoid areas within the 104.2-acre quarry site that are outside the footprint
of the previous quarry operations. For example, the Diegan coastal sage scrub in the northwestern
corner of the project site would remain unaffected by the project. Table 1 provides a summary of the
acres of habitat that would have been conserved and/or restored by the approved reclamation plan
consistent with the HMP hardline (42.1 acres) compared to the acres of habitat that would be conserved
and/or restored by the proposed project (44.2 acres). The remaining acres (100.1 - 44.2 = 55.8) of the
project site would be available for future development within the City of Carlsbad.
Project Biological Impacts and Mitigation
The proposed project would disturb 41.45 acres of the project site, as reflected in Table 2, and would
result in the removal of habitat in which two coastal California gnatcatchers (Polioptila californica
californica, "gnatcatcher'y and one yellow warbler (Dendroicapetechid) were observed.
Impacts to the gnatcatchers would be mitigated by the onsite preservation and creation/restoration of
3.98 acres of CSS, and impacts to the yellow warbler would be mitigated by the preservation of created
and restored riparian habitat. The project would not directly affect least Bell's vireo (Vireo beliii
pusillus, "vireo"). The total DCSS creation/restoration within the biological buffer would be 5.17 acres,
exclusive of the outside 20 feet of the biological buffer; this provides an excess of 1.49 acres beyond the
3.68 acres needed to meet the creation/restoration requirement. Of the 5.17 acres, 0.68 acre would be on
the transitional bench areas. The maximum acreage of the 5.17 acres of CSS mitigation that would be
removed from a road crossing that may be required in connection with future development of the
property would be less than 0.2 acre (pers. comm., Barry Jones, October 12, 2010).
Though not reflected in Table F-l (Mitigation Monitoring Checklist) in the FSEIR, the applicant would
prepare a riparian and CSS restoration plan to be reviewed and approved by the cities of Oceanside and
Carlsbad, Wildlife Agencies, Regional Water Quality Control Board, and U.S. Army Corps of
Engineers. The restoration of the biological buffer would occur in two phases - the inside 80 feet (i.e.,
closest to the riparian vegetation; 80-foot wide area) would be restored in conjunction with the proposed
project, and the outside 20 feet (20-foot wide area) to be restored upon final grading for a future end use
(future development). The restoration of the 80-foot wide area would be subject to success criteria and
5 years of maintenance and monitoring (or, more or less depending on when the success criteria are met)
Mr. Van Lynch (FWS/CDFG-SDG-06B0009-10TA0974) 4
as part of the proposed project, and the 20-foot wide area would be only hydroseeded as part of the
proposed project and fully restored upon final grading for a future development.
Table 1. Adopted Versus Proposed HMP Conservation Comparison (based on Table D-4 in the FSEIR)
Habitat Group
Riparian
Marsh
Chaparral
Coastal sage scrub
Grassland
Eucalyptus
Disturbed
Developed
TOTAL
Adopted HMP
Acres per HMP
1995 Vegetation
Categories
10
1
9
4
12
0
6
0
42
Acres per Current
Vegetation with 1991
Reclamation Plan1
11.78
0.31
4.84
17.05
4.48
0.04
2.70
0.44
41.64
Proposed HMP
Acres per Current
Vegetation with Proposed
HMP Hardline
12.68
0.46
4.84
17.37
4.57
0.04
2.77
1.48
44.2 12
Comparison
Difference
(Proposed -
Adopted)
0.90
0.15
0.00
0.32
0.09
0.00
0.07
1.04
2.57 .
1 . In compliance with the Surface Mining and Reclamation Act of 1 975 (SMARA), the State Mining and Geology
Board adopted the first Reclamation Plan for the South Coast Quarry in 1991. In 2001, the City of Oceanside (in
the context of the Quarry Creek project) approved an amended version of the 1991 Reclamation Plan with the
condition that the Creek be retained within in its current alignment.
2. The 44.21 acres include the acreage within the biological buffer (22.13 acres) to the Creek (pers. comm., Ann
Gunter and Barry Jones, October 6, 2010).
Table 2. Summary of Pro
Vegetation Community / Developed Land
southern cottonwood-willow riparian forest
southern willow scrub
freshwater marsh
Diegan coastal sage scrub (CSS)
Disturbed habitat
Non-native vegetation
Developed land
TOTAL
posed Acreage Losses and Compensatory Mitigation
Proposed Losses
(acres)
0.05
0.85
0.06
1.99
34.26
0.31
3.93
41.45
Proposed Mitigation
3:1 ratio, with a minimum 1:1 (i.e., 0.96 acre)
ratio of creation, resulting in 2.88 acres of
mitigation; the mitigation would include 1 .45
acres of riparian creation, and the remaining 1.43
acres mitigation would occur with enhancement
of preserved wetlands on site. An additional
1 1 .05 on-site acres of riparian vegetation would
be avoided and preserved.
2:1 ratio (i.e., 3.98 acres), including 3.68 acres of
CSS creation/restoration along the on-site slopes
(i.e., within the biological buffer) and 0.30 acre
of preservation of existing on-site CSS*
0.1:1 ratio with payment of a Habitat and
Development Fee in an amount corresponding to
3.43 acres
none
none
* Total CSS creation/restoration would be 5.17 acres, per Table 13 in the January 26, 2010, Biological Technical
Report for the Former South Coast Quarry Amended Reclamation Plan. The project description provides more
information.
Mr. Van Lynch (FWS/CDFG-SDG-06B0009-1OTA0974) 5
Prior to grading (Table F-l in the FSEIR), the applicant would place a conservation easement over the
acres in the hardline preserve that support the mitigation for habitat impacts associated with the
proposed project; that is, the planting up to the top of the new Creek channel slopes plus the area beyond
comprising the 100-foot buffer, and beyond the buffer boundary in areas where the CSS mitigation
extends beyond it (e.g., the area depicted in Figure 5 in the project-related January 26, 2010, Wetland
Mitigation Plan as a dip in the buffer north of the Creek at El Salto Falls).2
Prior to grading (Table F-l in the FSEIR), the applicant would (a) submit a perpetual management,
maintenance, and monitoring plan (MMMP) for the conservation easement area to the Wildlife
Agencies for approval at least 30 days prior to initiating project impacts, and (b) within 60 days of
receiving approval of the draft plan, submit the final MMMP and contract with the approved land
manager to the cities of Carlsbad and Oceanside (cities) and the Wildlife Agencies, and transfer the
funds for a non-wasting endowment to a non-profit conservation entity. The MMMP would treat the
entire 100-foot buffer as restored CSS even though the 20-foot wide area may not be restored until after
the long-term management of the 80-foot wide area begins (pers. comm., attachment to 9-20-2010
electronic mail from Van Lynch), and the non-wasting endowment would be an amount approved by the
cities and the Wildlife Agencies based on a Property Analysis Record (PAR; Center for Natural Lands
Management 1998) or similar cost estimation method to secure the ongoing funding for the
implementation of the MMMP.
The Wildlife Agencies' Comments
Based on the preceding description of the proposed project, the Wildlife Agencies find the proposed
hardlines equivalent to those in the HMP. The following comments, unrelated to HMP equivalency,
address our outstanding concerns about the proposed project.
1. As explained above, the applicant would place a conservation easement only over the acres that
support the mitigation for habitat impacts associated with the proposed project. The easement
would not include the 22.08-acre balance of the 44.21 acres to be conserved as hardline preserve.
This makes sense because it is possible that the remaining hardline boundary would undergo minor
adjustments when the future development is designed, though the total hardline acreage of 44.21
acres would remain the same. However, we are concerned about the conceivable eventuality of no
future development which would render the remaining 22.08 acres within the onsite hardline
preserve unprotected by an encumbrance. Therefore, similar to our approach in comment #3, we
request that the City's project-related HMP Permit include a condition requiring that, if the City has
not issued a grading permit for the future development upon the completion of the initial post-
restoration 5-year maintenance and monitoring of the 80-foot wide area of the biological buffer, the
applicant immediately commence the process to place a conservation easement over the remaining
22.08 acres at that time.
2. The FSEIR indicates that the proposed conservation easement would include a provision recognizing the potential
need for the future road crossing, and explains that this provision would limit mitigation obligations to standard
mitigation ratios rather than doubling of mitigation ratios as is typically required for impacts to mitigation areas.
3. Examples of this include (a) the measure prohibiting clearing and grading during the avian breeding season, and (b)
the measure requiring that the applicant prepare and implement a perpetual MMMP for all on-site biological
conservation easement areas, and establish a non-wasting endowment for the implementation of that plan.
Mr. Van Lynch (FWS/CDFG-SDG-06B0009-10TA0974)
2. In'many instances, Section F (Mitigation Monitoring and Reporting Program) of the FSEIR uses the
word "should" in the measures to be implemented to avoid and minimize biological impacts,
whereas Section C (Errata) of the FSEIR instead appropriately uses the word "shall."3 We request
assurance that the project-related grading, HMP, and other discretionary permits will be conditioned
with the measures as articulated in Section F of the FSEIR.
3. The Wildlife Agencies agreed to the phased 80/20 restoration of the biological buffer because it is
likely that the 20-foot wide area would be disturbed during the construction of future development
to the north and south of the Creek. During the October 27, 2009, conference call regarding the
HMP equivalency, the Department discussed the need for financial assurance that the 20-foot wide
area would be restored if the development of the site does not move forward. We understand that,
under SMARA, the applicant is required to maintain financial assurances (bonds) in place for
implementation of the reclamation plan, including the restoration planting, maintenance, and
monitoring (pers. comm., attachment to 9-20-2010 electronic mail from Van Lynch, and page 4 of
the January 26, 2010, Biological Technical Report for the Former South Coast Quarry Amended
Reclamation Plan). We request that the City's project-related HMP Permit and/or the final
restoration plan include conditions requiring that (a) the applicant put in place separate bonds for the
restoration of the 20-foot wide area prior to final release of the reclamation bonds, (b) if, the full
restoration of the 20-foot wide area has not begun upon completion of the initial post-restoration 5-
year maintenance and monitoring of the 80-foot wide area, the applicant immediately commence the
restoration of the 20-foot wide area, and (c) the completion of the initial planting for the restoration
within the 20-foot wide area be followed by a 5-year maintenance and monitoring period to meet the
same success criteria established for the 80-foot wide area.
4. We appreciate that the FSEIR contains the following two measures to address impacts on sensitive
avian species, and we acknowledge that they are consistent with the Wildlife Agencies'
November 18, 2008, comment in our letter on the DSEIR.
The clearing and grubbing of sensitive habitats shall occur outside of the bird
breeding season (February 15 through September 15), unless a qualified
biologist demonstrates to the satisfaction of the cities of Carlsbad and
Oceanside and the Wildlife Agencies that all nesting is complete.
If project grading (other than clearing and grubbing of sensitive habitats) is
necessary adjacent to preserved on-site habitat during the bird breeding season
(February 15 through September 15), a qualified biologist shall conduct pre-
construction surveys in the adjacent habitat for the gnatcatcher, vireo,
southwestern willow flycatcher (Empidonax traillii extimus) and nesting
raptors. The survey should begin not more than three days prior to the
beginning of grading activities. The Wildlife Agencies shall be notified if any of
these species are observed nesting within 500 feet of proposed grading
activities. No activities which would result in noise levels exceeding 60 dBA
hourly Leq within this 500-foot buffer shall be allowed. Background noise (e.g.,
SR 78) shall be excluded from the 60 dBA calculation. If grading activities are
not completed prior to the breeding season and any of these species are present,
Mr. Van Lynch (FWS/CDFG-SDG-06B0009-10TA0974) 7
and noise levels exceed this threshold, noise barriers should be erected to
reduce noise impacts to occupied habitat to below 60 dBA hourly Leg and/or
the activities shall be suspended. Impacts resulting from noise for non-listed
species other than raptors are not considered significant, and mitigation is not
warranted.
a. We generally consider the avian breeding season to be from February 1 5 through September 15.
However, raptors may begin breeding as early as December. For example, in southern
California, the earliest known egg dates for red-tailed hawk (Buteojamaicensis) and white-tailed
kite (Elanus leucurus), two non-HMP covered species observed on site, are early and mid-
January, respectively. Therefore, if possible, we request that the duration of the implementation
of the protective measures during the avian breeding season be adjusted accordingly.
b. We recommend that yellow warbler be added to the list of species to be surveyed for per the
second measure.
5. While the project-related stream bed alteration agreement with the Department and permit from the
U.S. Army Corps of Engineers will address the specifics of the wetland and riparian plant palette,
and the Wildlife Agencies will have an opportunity to review and approve the restoration plan, we
now request either the removal of Ambrosia psilostachya from the riparian plant palette or specify in
the success criteria in the restoration plan that the cover of this species is not to exceed 10 percent.
The Wildlife Agencies appreciate the City's and the applicant's efforts to ensure that the proposed
project demonstrates equivalency with the HMP. We look forward to working with you to resolve the
issues we have raised in this letter. If you have any questions regarding this letter, please contact Libby
Lucas (Department) at (858) 467-4230 or David Zoutendyk (Service) at (760) 431-9440.
Sincerely,
Karen A. Goebel ^~"*<4^jf"/ /~C?A Stephen M. Juarez
Assistant Field Supervisor ~"~~ Environmental Program Manager
U.S. Fish and Wildlife Service California Department of Fish and Game
cc:
Jerry Hittleman, City of Oceanside
Darren Bradford, Department of Fish and Game