HomeMy WebLinkAbout; Multiple Habitat Conservation Program (MHCP); Habitat Management Plan - Fish and Game Natural Community Conservation Plan Permit NCCPP CEQA NCCPA; 2004-11-16CALIFORNIA DEPARTMENT OF FISH AND GAME
NATURAL COMMUNITY CONSERVATION PLAN
PERMIT
INCLUDING
FINDINGS OF FACT
under the
CALIFORNIA ENVIRONMENTAL QUALITY ACT
and the
NATURAL COMMUNITY CONSERVATION PLANNING ACT
for the
City of Carlsbad
Multiple Habitat Conservation Program (MHCP)
Subarea Plan
November 2004
NCCP PERMIT
Table of Contents
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
INTRODUCTION .............................................................................................................. 1
1.1 The Natural Community Conservation Planning Act .................................... 1
1.2 Multiple Habitat Conservation Program ......................................................... 2
1.3 City of Carlsbad Subarea Plan ......................................................................... 4
1.4 Implementing Agreement .................................................................................. 6
ADMINISTRATIVE RECORD OF PROCEEDINGS ................................................... 6
FINDINGS UNDER CEQA ............................................................................................... 8
3.1 Environmental Documents ................................................................................ 8
3.2 Findings Requirement ....................................................................................... 9
3.3 Scope of Findings ............................................................................................. 10
3.4 Legal Effect of the Findings ............................................................................ 11
3.5 Findings Regarding Potentially Significant Environmental Effects ........... 11
3.6 Mitigation Monitoring and Reporting Program ........................................... 43
3.7 Alternatives ....................................................................................................... 43
3.8 Statement of Overriding Considerations ....................................................... 44
FINDINGS UNDER NCCPA .......................................................................................... 44
4.1 NCCPA .............................................................................................................. 44
4.2 Pre-2002 Statutory Standards ........................................................................ 45
4.3 Coastal Sage Scrub NCCP Guidelines ........................................................... 50
OTHER FINDINGS ......................................................................................................... 54
5.1 FESA 8 4(d) Special Rule ................................................................................ 54
5.2 Fully Protected Species .................................................................................... 54
AUTHORIZATION OF THE SUBAREA PLAN AND TAKE AUTHORIZATION 56
6.1 Covered Activities ............................................................................................ 58
6.2 Carlsbad Covered Species ............................................................................... 59
6.2.1 Species Adequately Conserved under the Carlsbad Subarea Plan .................... .............................................................................................................. 59
6.2.2
Permitted .................................................................................. 63
6.2.3
Areas .................................................................................................... 63
6.2.4 Fully Protected Species 63
LIMITATIONS ................................................................................................................ 63
AMENDMENTS ............................................................................................................... 64
SUSPENSION, REVOCATION, AND TERMINATION ............................................ 64
TERM OF THE NCCP PERMIT ................................................................................... 64
Species Coverage Contingent on Other MHCP Subarea Plans being
Species Coverage Contingent on Funding for Management of Conserved
11.0 REFERENCES ................................................................................................................. 65
1.0 INTRODUCTION
This document sets forth findings and authorizations of the California Department of Fish and
Game (“CDFG”) for the Habitat Management Plan for Natural Communities in the City of
Carlsbad (“Subarea Plan”).’ CDFG is acting as a responsible agency under the California
Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”), in
approving the Subarea Plan as provided for in the Natural Community Conservation Planning
Act, Fish and Game Code Sections 2800-28352 (“NCCPA”).
1.1 The Natural Community Conservation Planning Act
The NCCPA provides for the preparation and implementation of large-scale natural resource
conservation plans as an alternative to reviewing impacts of urban development on a project-by-
project and species-by-species basis. A natural community conservation plan (“NCCP’) must
provide for “the protection of habitat, natural communities, and species diversity on a landscape
or ecosystem level” ($2820, subd. (a)(3)) while allowing “compatible and appropriate economic
development, growth, and other human uses” ($2805, subd. (h)). When it approves an NCCP,
CDFG may approve the ‘‘take” of species whose conservation and management is provided for in
the NCCP (§2835), including species listed as endangered or threatened under the California
Endangered Species Act, Sections 2050-21 16 (“CESA”) and those protected by the Native Plant
Protection Act (Cal. Public Resources Code $$ 1900 et seq.).
The NCCPA was originally enacted in 1991: was amended in 1993; 1994; 1996; 2000: and
2003.8 The NCCPA was substantially revised in 2002 by Senate Bill 107: which codified a
number of CDFG’s administrative standards and practices for NCCP development and
implementation and added other new requirements. With the revisions, many of the substantive
standards and mandatory elements for an NCCP formerly contained in guidelines prepared by
CDFG are now found in Section 2820. The revised NCCPA also “grandfathered” a number of
NCCPs that were under development prior to enactment of the 2002 revisions, requiring that
The Subarea Plan and its associated Implementing Agreement identifj this document as
CDFG’s “NCCP Authorization.” The NCCP Permit and NCCP Authorization are the same
document, for purposes of the Subarea Plan and associated documents.
All further section references are to the Fish and Game Code, unless otherwise indicated.
Statutes 1991, chapter 765, Section 2 (A.B. 2172).
Statutes 1993, chapter 708, Section 1 (S.B. 755).
Statutes 1994, chapter 220, Section 1 (S.B. 1352).
Statutes 1996, chapter 593, Sections 1 and 2 (A.B. 3446).
Statutes 2000, chapter 87, Sections 1-3
Statutes 2003, chapter 61, Section 1
Statutes 2002, chapter 4, Sections 1 and 2
(S.B. 1679).
(S.B. 572).
(S.B. 107). Minor ,,ousekeeping E
subsequently enacted as part of S.B.2052 (Stats. 2002, ch. 133, $5 1 and 2, p. 568).
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nanges were
these plans be completed, approved and implemented pursuant to the NCCPA as it read in 2001
rather than pursuant to the revised statutes ($2830). For an NCCP that falls under one of the
grandfathering provisions in Section 2830, CDFG must evaluate the adequacy of the NCCP
according to earlier versions of the NCCPA and according to the guidelines issued pursuant to
those earlier statutes. For that reason, a number of the section references below to the NCCPA
will be to former sections that, although replaced by new provisions in 2002, still set forth the
relevant standards for grandfathered NCCPs under existing law. lo
The NCCPA promotes cooperation and coordination among public agencies, landowners, and
other private interests in developing NCCPs. CDFG is authorized to prepare and implement
NCCPs with a wide variety of private and public interests, including individuals, organizations,
companies, and state and local government agencies ($2810, subdiv. (a) $71 1.2 and former $
2810). Natural community conservation planning may be undertaken by local, state, and federal
agencies independently or in cooperation with other individuals and entities ($ 2809 and former $
2820). An NCCP plan must be approved by CDFG before it is implemented ($ 2820, subdiv. (a)
and former $ 2820). To be approved, an NCCP plan must meet the standards set forth in statute
($ 2820 and $ 2821), except that many of the plans that meet the criteria in $ 2830 must instead
meet the standards set forth in CDFG’s NCCP Guidelines (see former $ 2820 and former $ 2825,
subdiv. (a)). Pursuant to former FGC section 2825(a), CDFG was authorized to prepare non-
regulatory guidelines to establish NCCP standards and to guide the development and
implementation of NCCP Plans. NCCP plans are also subject to review under the California
Environmental Quality Act, Public Resources Code $ 21000 et seq. CDFG may authorize the
“taking” of any identified species whose conservation and management is provided for in a
CDFG approved NCCP plan ($ 2835 and former $ 2835). Under the Fish and Game Code,
“take” means to “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture,
or kill” ($ 86).
1.2 Multiple Habitat Conservation Propram
The Multiple Habitat Conservation Program (Volumes I, II, & 111, March, 2003) (“MHCP Plan”)
sets forth a Multiple Habitat Conservation Program (“MHCP’). The MHCP is a comprehensive
habitat conservation planning program that addresses multiple species habitat needs and the
preservation of native vegetation communities for 175 square miles (1 1 1,908 acres) in
northwestern San Diego County. It is one of several subregional habitat planning efforts in San
Diego County that contribute to preservation of regional biodiversity through coordination with
other habitat conservation planning efforts throughout southern California. The MHCP allows
local jurisdictions to maintain land use control and development flexibility by planning a regional
preserve system that can meet future public and private project mitigation needs. The MHCP
lo All subsequent references to a “former” section number are to the indicated section of the Fish
and Game Code as it read on December 31, 2001, in other words to the NCCPA as amended
through 2000 and disregarding changes made in 2002 by S.B. 107.
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Plan is designed to streamline and coordinate existing procedures for review and permitting of
project impacts to biological resources.
The MHCP preserve will protect biodiversity, enhance the quality of life in the San Diego region,
and enhance the region’s attractiveness as a location for business. The MHCP has been
developed cooperatively by local jurisdictions with the goal of conserving native vegetation
communities and associated species, rather than focusing preservation efforts on one species at a
time. Historic loss of native vegetation has resulted in many species of wildlife becoming
increasingly rare, and in some cases threatened with extirpation or extinction. It is likely that
species will continue to be added to the federal and state threatened and endangered species lists,
and without a multiple species conservation plan, could constrain future development, which
would affect employment and the economic health of the region. The MHCP provides direct
economic benefits by reducing constraints on future development outside the preserve and
decreasing the costs of compliance with federal and state laws protecting biological resources.
Local jurisdictions will implement their respective portions of the MHCP Plan through subarea
plans, which describe specific implementing mechanisms for the MHCP. The MHCP subarea
plans contribute collectively to the conservation of vegetation communities and species in the
MHCP study area. The combination of the subregional MHCP Plan and Carlsbad subarea plan
will serve as a multiple species Habitat Conservation Plan pursuant to Section 1 O(a)( 1)(B) of the
federal Endangered Species Act (“FESA”) and as an NCCP. The MHCP will be implemented in
phases as participating jurisdictions submit their subarea plans to the United States Fish and
Wildlife Service (“USFWS”) and CDFG for approval. Upon approval, the USFWS and CDFG
(“Wildlife Agencies”) can authorize the take of listed species and other species of concern,
subject to the terms of the subarea plan and the MHCP. Conservation and management
responsibilities, and implementation guarantees for each subarea plan will be set forth in
implementing agreements between the entity responsible for each subarea plan and the Wildlife
Agencies.
The approximately 175-square mile (1 1 1,908 acres) MHCP area includes the Cities of Carlsbad,
Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista. The area is known for
its natural beauty and mild climate, which combine to make the region a popular destination for
recreation, tourism, and new development. The region has sustained one of the highest rates of
growth in the country over the past two decades.
The MHCP area is bounded by the Pacific Ocean to the west, Marine Corps Base Camp
Pendleton to the north, and unincorporated San Diego County to the east and south.
Conservation planning also is being conducted by San Diego County (the “Multiple Species
Conservation Program” to the south, “Multiple Species Conservation Program North County
Subarea” to the northeast, and “Multiple Habitat Conservation and Open Space Program” to the
east). When fully implemented, the MHCP and these other subregional plans will create an
interconnected habitat preserve system throughout the 4,200-square-mile county. These
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programs have been coordinated in all key scientific, public policy, and finance/acquisition
strategy aspects and have been designed to complement planning efforts in Orange and Riverside
counties.
Topography in the study area ranges from flat to hilly, with relatively gentle slopes on the coastal
terraces and in broad valleys. Steeper hills, ranging up to about 2,100 feet in elevation, are found
in the south-central portion of the study area (eastern Carlsbad and southern San Marcos), and in
northern portions of San Marcos and Escondido. Steep canyons associated with predominantly
east-west drainages cut through some of the hills and mesas. Four coastal lagoons are more or
less evenly distributed along the coast, each representing the terminus of one or more local
drainages. One major river, the San Luis Rey, crosses the northern portion of the study area
through the City of Oceanside.
1.3 Citv of Carlsbad Subarea Plan
Because the City of Carlsbad Subarea Plan was developed as an element of the Multiple Habitat
Conservation Program, the Subarea Plan must necessarily be analyzed with reference to and in
the context of the previously approved Multiple Habitat Conservation Program. The Subarea
Plan and Multiple Habitat Conservation Program, when read together, make an integrated NCCP
within the area covered by the Subarea Plan. Therefore, as used in this document, the term
“Subarea Plan” refers not only to the Subarea Plan itself but also to those portions of the Multiple
Habitat Conservation Program that relate to and provide context to the Subarea Plan. CDFG’s
findings, for example, are based in part on facts contained in the Multiple Habitat Conservation
Program. That said, the Subarea Plan is designed to be a complete and independently viable plan
that is not generally dependent on implementation of other subarea plans within the subregion,
except as specifically noted in the Subarea Plan.
The Subarea Plan is set forth in Volume I of the March, 2003 MHCP Plan. The Subarea Plan has
been prepared pursuant to a general outline developed by the Wildlife Agencies to meet the
requirements of the NCCPA. The Subarea Plan is the basis of the Implementing Agreement by
and between the Wildlife Agencies and City of Carlsbad (City), executed concurrently with this
NCCP Permit. The Subarea Plan is consistent with, and implements, in part, the MHCP Plan
and, in addition, qualifies as a stand alone document to implement, in part, the MHCP Preserve.
The City’s preserve was designed by the City in cooperation with the Wildlife Agencies, property
owners, developers, and environmental groups. The majority (89 percent) of the preserve
consists of hard-line areas designated for 100 percent preservation. These 100 percent
conservation areas are either already in public ownership or will be dedicated into the Preserve as
part of the development approval process for Covered Projects. Preserve boundaries for Covered
Projects were established on a project-by-project basis after evaluation of habitat and species data
and/or surveys conducted as part of project entitlement processing, evaluation by the Wildlife
Agencies, and consideration of how such mitigation could best contribute to the overall MHCP
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and subregional planning effort. A relatively small portion of the preserve is comprised of 75 to
100 percent conservation areas, which consist of smaller private landholdings; the Subarea Plan
requires that a minimum of 75 percent of these lands must be conserved. In addition, there are
some areas proposed for 67 percent conservation in the Subarea Plan.
The City is located in a highly urbanized area (approximately 65 percent developed) and has a
population of approximately 63,000. Because of existing patterns of development and continued
agricultural use, there is a high degree of habitat fragmentation. Also, several large areas of the
City have previously been granted take permits by the USFWS under Sections 7 and 1O(a) of the
Endangered Species Act. Given these facts, the Subarea Plan proposes to preserve the diversity
of natural communities and protect sensitive biological resources by establishing a preserve
system that:
- builds on existing levels of dedicated open space and conservation; - conserves larger, remaining blocks or cores of habitat capable of sustaining threatened,
listed or sensitive species over time (Subarea Plan cores); - provides linkages that ensure connectivity to Subarea Plan cores within the City and to
natural communities in adjoining jurisdictions and the region, while also preserving
additional habitat; - protects Special Resource Areas (SRAs) outside of the core and linkage areas which are
defined herein as vernal pools, significant populations of listed plant species, and
movement corridors for large mammals; and - provides for participation in conserving a habitat core in the county area southeast of
the City (MHCP core).
The Subarea encompasses 24,570 acres within the MHCP area. There are approximately 8,800
acres of remaining habitat in the City. The strategy is to establish a preserve system of
approximately 6,400 acres, consisting of existing hardline preserve areas (existing dedicated
open space), proposed hardline preserve areas (proposed open space) and standards areas
(planned open space). The strategy also includes participation in the conveyance of lands in the
MHCP core area. The preserve system is intended to provide conservation and management of
natural communities in the plan area, and adequate conservation and coverage specifically for the
species listed on the Subarea Plan Covered Species list.
Based on existing distribution of vegetation communities and sensitive species, Focus Planning
Areas (FPAs) were identified. The FPAs were further broken down into Subarea Plan cores,
linkages, and Special Resource Areas (SRAs). These areas include eight core FPAs that are
connected to one another and to habitat areas outside the City by a variety of linkages and
wildlife movement corridors. These areas served as a basis for biological planning for the
establishment of the proposed preserve system and do not represent exact boundaries.
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1.4 Imolementing Agreement
CDFG plans to execute the Implementing Agreement to Establish the Habitat Management Plan
for the Conservation of Threatened, Endangered, and Other Species in the City of Carlsbad,
California (“Implementing Agreement”) concurrently with this NCCP Permit. The
Implementing Agreement is an agreement between CDFG, USFWS, and the City of Carlsbad
that is designed to ensure the implementation of the MHCP and the Subarea Plan, to bind each
party to the terms of the MHCP and Subarea Plan, and to provide remedies and recourse for
failure to adhere to the terms of the MHCP or subarea plan. This NCCP Permit specifically
applies to the Subarea Plan as implemented pursuant to the Implementing Agreement, including
but not limited to Section 11.3, Regulatory Implementation Measures. These measures are
conditions of permit approval (see Section 6.1).
2.0 ADMINISTRATIVE RECORD OF PROCEEDINGS
For purposes of these findings, the administrative record of proceedings for CDFG’s
discretionary issuance of this NCCP Permit consists, at a minimum, of the following documents,
with the exception of materials CDFG excludes as privileged or as otherwise permitted by law:
All materials prepared by the City and submitted to CDFG;
All staff reports and related non-privileged documents prepared by the CDFG with
respect to its compliance with CEQA and with respect to the issuance of an NCCP Permit
for the Subarea Plan;
All written testimony or documents submitted by any person to CDFG relevant to these
findings and CDFG’s discretionary actions with respect to the Subarea Plan;
All notices issued to comply with CEQA, the NCCPA, or with any other law relevant to
and governing the processing and approval of the NCCP Permit by CDFG;
All written comments received by CDFG in response to, or in connection with,
environmental documents prepared for the project;
All written evidence or correspondence submitted to, or transferred from, CDFG with
respect to compliance with CEQA or with respect to the Subarea Plan;
Any proposed decisions or findings related to the Subarea Plan submitted to CDFG by its
staff, the City, Subarea Plan supporters and opponents, or other persons;
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The documentation of the final decision by CDFG, including all documents cited or relied
on in these findings adopted pursuant to CEQA and the NCCPA;
Any other written materials relevant to CDFG’s compliance with CEQA or CDFG’s
decision on the merits with respect to the NCCP Permit for the Subarea Plan, including
any draft environmental documents that were released for public review, and copies of
studies or other documents relied upon in any environmental document prepared for the
project and either made available to the public during a public review period or included
in CDFG’s files on the Subarea Plan, and all non-privileged internal agency
communications, including staff notes and memoranda related to the Subarea Plan or
compliance with CEQA;
Matters of common knowledge to CDFG, including but not limited to federal, state, and
local laws and regulations; and
Any other materials required to be in CDFG’s administrative record of proceedings by
Public Resources Code Section 21 167.6, subdivision (e).
The custodian of the documents comprising the administrative record of proceedings is CDFG
located at 1416 Ninth Street, Sacramento, California 95814 and 4949 Viewridge Avenue, San
Diego, California 92123. All related inquiries should be directed to CDFG’s Office of General
Counsel at 9 16-654-382 1.
CDFG has relied on all of the documents listed in this section in exercising its independent
judgment and reaching its decision with respect to the Subarea Plan, even if every document was
not formally presented to CDFG or its staff as part of the CDFG files generated in connection
with the Subarea Plan. Without exception, any documents set forth above not found in CDFG’s
files for the Subarea Plan fall into one of two categories. Certain documents reflect prior
planning or legislative decisions of which CDFG was aware in approving the Subarea Plan. (See
City of Santa Cruz v. Local Agency Formation Comm. (1978) 76 Cal.App.3d 381, 391-392;
Dominey v. Department of Personnel Administration (1988) 205 Cal.App.3d 729, 738, fn. 6.)
Other documents influenced the expert advice of CDFG staff, who then provided advice to the
decision makers at CDFG with respect to the NCCP Permit for the Subarea Plan. For that
reason, such documents form part of the underlying factual basis for CDFG’s decision related to
the Subarea Plan. (See Pub. Resources Code, 21 167.6, subd. (e)( 10); Browning-Ferris Industries
v. City Council of City of Sun Jose (1986) 181 Cal.App.3d 852, 866; Stanislaus Audubon Society,
Inc. v. County of Stanislaus (1 995) 33 Cal.App.4th 144, 153, 155.)
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3.0 FINDINGS UNDER CEOA
3.1 Environmental Documents
CDFG has prepared these findings to comply with CEQA. CDFG is a “responsible agency”
under CEQA with respect to the Subarea Plan because of its authority under the NCCPA. (See
generally Pub. Resources Code, $9 21002.1, subd. (d) and 21069; CEQA Guidelines, 9 15381.)
CDFG accordingly makes the findings that appear in Section 3.5, below, under CEQA as part of
its discretionary decision to approve the Subarea Plan and authorize resulting take of species
whose conservation and management is provided for in the plan.
The City is the CEQA “lead agency” for purposes of the Subarea Plan and has completed
environmental review and approval of the plan. (See generally Pub. Resources Code, 0 2 1067;
CEQA Guidelines, 0 15367.). The City analyzed the environmental effects of implementing the
draft Subarea Plan in a mitigated negative declaration (MND; SCH No. 99061082), which was
adopted on September 21, 1999, and subsequently in a negative declaration (ND; SCH No.
2002121100), for the Second Addendum to the Subarea Plan and Local Coastal Plan
Amendment, which was adopted on February 4, 2003. In addition, the draft Subarea Plan was
analyzed under the MHCP Subregional Plan in the Final EIWEIS for Threatened and
Endangered Species Due to Urban Growth Within the Multiple Habitat Conservation Program
Planning Area (San Diego Association of Governments and U.S. Fish and Wildlife Service,
March 2003; SCH No. 93121073) that was certified on March 28, 2003; and the City’s
Addendum to the Final EIWEIS for Threatened and Endangered Species Due to Urban Growth
Within the Multiple Habitat Conservation Program Planning Area (SCH No. 93 121 073;
Addendum to the Final EIIUEIS), which was certified on June 17,2003.
In analyzing and approving the Subarea Plan, the City, as the lead agency, “consider[ed] the
effects, both individual and collective, of all activities involved in [the] project.” (Pub.
Resources Code, 9 21002.1, subd. (d).)
These CEQA findings pertain to CDFG’s proposed NCCP Approval and Take Authorization
(“NCCP Approval”) for the Subarea Plan. The Subarea Plan implements the City’s component
of the much larger and comprehensive subregional plan of the MHCP that encompasses 7
jurisdictions and 11 1,908 acres in the northwestern part of San Diego County. Together, the
MHCP Subregional Plan and the Subarea Plan form an integrated plan that addresses impacts to
wildlife and wildlife habitat that may result from planned development and habitat and species
management activities within the jurisdictional boundaries of San Diego County. As the CEQA
Lead Agency for the MHCP, SANDAG, in consultation with CDFG, USFWS, and other
responsible agencies, including the City, prepared the Environmental Impact
Statement/Environmental Impact Report for Threatened and Endangered Species Due To Urban
Growth within the Multiple Habitat Conservation Program Planning Area, dated November
2000, and the Final Environmental Impact Statement/Environmental Impact Report for
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Threatened and Endangered Species Due To Urban Growth within the Multiple Habitat
Conservation Program Planning Area, dated March 2003 (SCH No. 93121073), which was
certified and adopted by the Lead Agency on March 28, 2003. Subsequently, the City, as a
Responsible Agency under CEQA for purposes of the MHCP, independently reviewed and
considered the information contained therein prior to approving the Subarea Plan. The City also
prepared an Addendum to the EIR/EIS dated June 2003. On June 17, 2003, the City Council
made findings as a Responsible Agency under CEQA and adopted the MHCP and the City
Subarea Plan. The City subsequently submitted the Subarea Plan to CDFG for approval as a
NCCP pursuant to $2800, et. seq.
3.2 Findinm Reauirement
CEQA requires public agencies to adopt certain findings before approving a project for which an
EIR was prepared. The findings that appear below are intended to comply with CEQA’s
mandate that no public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant effects thereof unless the agency makes one or
more of the following findings:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment;
Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that other
agency; or
Economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or alternatives identified in the
EIR.
Resources Code Section 21081, subdivision (a), CEQA Guidelines Section 15091,
subdivision (a); see also CEQA Guidelines Section 15082, subdivision (b)(2). These findings are
also intended to comply with the requirement that each finding by CDFG be supported by
substantial evidence in the administrative record, as well as accompanied by a brief explanation
of the rationale for each finding. (Id., 5 15091, subds. (a) and (b); see also Discussion following
CEQA Guidelines, $ 15091 .) To that end, these findings provide the written, specific reasons
supporting CDFG’s decisions under CEQA as they relate to the approval of the Subarea Plan
under the NCCPA.
Because CDFG adopts these findings as a responsible agency, the scope of these findings and
CDFG’s analysis under CEQA are more limited than that of the lead agency. (Pub. Resources
Code, $5 21 102.1, subd. (d) and 21167.2; CEQA Guidelines, $ 15096, subds. (f)-(h); Cal. Code
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Regs., tit. 14, $6 783.3, subd. (a) and 783.5, subd. (c).) In its capacity as a responsible agency,
CDFG is also bound by the legal presumption that the EIR certified by SANDAG fully complies
with CEQA. (CEQA Guidelines, 3 15096, subd. (e)(l)-(2); City of Redding, supra, 209
Cal.App.3d at pp. 1 178-1 181; see also Pub. Resources Code, 3 21 167.2; Laurel Heights
Improvement Association, supra, 6 Cal.4th at p. 1130.) In fact, CDFG is bound by the
presumption of adequacy, except in extremely narrow circumstances. (Pub. Resources Code, 8
21 167.2; CEQA Guidelines, 8 15096, subds. (e) and (0.) CDFG concludes such circumstances
do not exist in the present case based on substantial evidence in its administrative record for the
Subarea Plan NCCP Permit.
3.3 ScoDe of Findinm
CDFG is a responsible agency under CEQA for purposes of approving the Subarea Plan because
of its authority under NCCPA and the lead agency’s prior actions with respect to the project. As
a responsible agency, CDFG’s CEQA obligations are “more limited” than those of the lead
agency. (CEQA Guidelines, 3 15096, subd. (g)(l).) CDFG, in particular, is “responsible for
considering only the effects of those activities involved in [the] project which it is required by
law to carry out or approve.” (Pub. Resources Code, 3 21002.1, subd. (d).) Thus, while CDFG
must “consider the environmental effects’’ of the Subarea Plan as disclosed in the environmental
documents described above, CDFG “has responsibility for mitigating or avoiding only the direct
or indirect environmental effects of those parts of the project which it decides to carry out,
finance, or approve.” (CEQA Guidelines, 3 15096, subds. (f), (g)( l).) Accordingly, because
CDFG’s exercise of discretion is limited to approval of the Subarea Plan and associated take
authorizations, CDFG is responsible for considering only the environmental effects that fall
within its authority under the NCCPA.
CDFG’s more limited obligations as a responsible agency affect the scope of, but not the
obligation to adopt, findings required by CEQA. Findings are required, in fact, by each “public
agency” that approves a “project for which an environmental impact report has been certified
which identifies one or more significant effects on the environment[.]” (Pub. Resources Code, 0
21081, subd. (a); CEQA Guidelines, 3 15091, subd. (a); see also Pub. Resources Code, 3 21068
(“significant effect on the environment defined”); CEQA Guidelines, 3 15382 (same).) Because
the City certified the Addendum to the Final EIR/EIS in approving the Subarea Plan, the
obligation to adopt findings under CEQA necessarily applies to CDFG as a responsible agency.
(CEQA Guidelines, 3 15096, subd. (h); Resource Defense Fund v. Local Agency Formation
Comm. of Santa Cruz County (1987) 191 Cal.App.3d 886,896-898.)
The specific provision of the CEQA Guidelines addressing the responsible agency findings
obligation is Section 15096, subdivision (h). That section provides, in pertinent part, that a
“responsible agency shall make the findings required by Section 15091 for each significant effect
of the project and shall make the findings in Section 15093 if necessary.” (CEQA Guidelines, 0
15096, subd. (h).) The scope of this charge in the guidelines is governed by statutory language
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concerning the extent of responsible agency decision making authority under CEQA. Pub.
Resources Code, 5 21002.1, subd. (d) underscores that the more limited scope of review for
responsible agencies necessarily “applies only to decisions by a public agency to carry out or
approve a project[.]” For the same reason, CDFG is required to adopt findings under CEQA in
the present case only for those environmental effects specifically authorized by CDFG under
NCCPA.
3.4 Lepal Effect of the Findinps
These findings are not merely informational. To the extent CDFG relies on implementation of
particular measures to make a necessary finding under CESA or NCCPA, those measures
constitute a binding set of obligations that take effect when CDFG approves the NCCP Permit
for the Subarea Plan. CDFG believes that all mitigation and conservation measures that it has
relied on for purposes of its findings are separately required under the Subarea Plan, the MHCP
Subregional Plan or Implementing Agreement, or are express conditions of this NCCP Permit.
Consequently, CDFG does not anticipate that as a practical matter these findings, in and of
themselves, will increase obligations of the City or of those operating under authority of this
NCCP Permit.
3.5 Findings Repardine Potentiallv Simificant Environmental Effects
Impacts to species covered under the Subarea Plan are generally off-set through a combination of
conservation and management of occupied/suitable habitat, conservation of known locations of
Covered Species, and/or through a variety of avoidance or conservation actions intended to
benefit particular species. All Covered Species are expected to benefit by the system of large,
interconnected blocks of habitat that the City’s Subarea Plan, in conjunction with the MHCP
Subregional Plan, will establish and preserve in perpetuity. The Preserve will be adaptively
managed, per the measures in the City’s Subarea Plan and MHCP Subregional Plan, which will
fiuther reduce the indirect effects and benefit all Covered Species, including rare, threatened, and
endangered species. A key element of the Subarea Plan is the MHCP Narrow Endemic Species
Policy (Appendix D of MHCP Volume 11) which ensures a high level of protection to species
identified as having an extremely limited distribution within the MHCP and/or the Subarea Plan.
A second key element is the Critical Populations Policy (Appendix D of MHCP Volume 11),
which states that impacts to narrow endemic populations listed as “Critical” in Volume I1 of the
MHCP must be totally avoided. These policies shall be applied to all MHCP narrow endemic
species (see species summary below under the heading Narrow Endemic Species Policy) and
critical populations (identified in Section 4 of Volume 11) in the Subarea, and will not be limited
to Covered Species. The MHCP assumes that CEQA requirements for quantifying and
mitigating project impacts on biological resources, including the need for species surveys where
potential habitat exists, will apply (Section 4.0 of Volume n). These key policies and
requirements for the Subarea Plan to protect biological resources are summarized below.
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Major Populations
Certain locations within the MHCP are designated as supporting major populations of particular
species. Major Populations were defined by the MHCP Biological Goals Standards and
Guidelines as those “sufkiently large to be self-sustaining with a minimum of active or
intensive management intervention (especially for plants) or that at least support enough breeding
individuals to contribute reliably to the overall metapopulation stability of the species (especially
for animals).” Pursuant to this definition, some species location points, or clusters of location
points, are coded as major populations in the MHCP database and mapped on the species
distribution maps in MHCP Volume 11, Section 4. Although MHCP policies have not
comprehensively established higher conservation standards for major population areas relative to
other occupied habitat areas (except for narrow endemics, see discussion below), subarea plans
are expected to substantially conserve all major population areas. Consequently, any project in
or adjacent to a major population site must document adequate avoidance, minimization, and
mitigation actions (Section 3.7 of MHCP Volume I). In addition, the species-specific permit
conditions listed in MHCP Volume I1 (Section 4) may reference specific avoidance,
minimization, and mitigation standards for selected major population areas.
Critical Locations
Some major population areas, along with other areas that are considered essential to reserve
design, are designated as critical locations, which are defined as “areas that must be substantially
conserved for that species [or vegetation community] to be considered adequately conserved by
the MHCP.” Examples of critical locations include population sites expected to contribute
significant genetic diversity for a species; areas that provide essential nesting, roosting, or
wintering sites or structures (especially for birds); essential wildlife movement corridors
(especially for large mammals and selected amphibians, reptiles, and birds), or currently
unoccupied habitat needed to accommodate population expansion (especially for narrow endemic
species whose populations must be increased as a hedge against extinction). The MHCP Critical
Location Policy (Appendix D of MHCP Volume 11) applies to all locations listed and mapped as
critical in MHCP Volume I1 (Section 3.7 of MHCP Volume I), or that are found to meet the
definition of critical in the future. The policy dictates that subarea plans will require maximum
avoidance of impacts, minimization of impacts, and species-specific mitigation measures for
unavoidable impacts, regardless of whether the critical location is inside or outside of the FPA.
Maximum avoidance and minimization shall be interpreted as avoidance of impacts to the degree
practicable while maintaining some economic or productive use of the property, as supported by
adequate facts (see section D.3.C.6 of the Subarea Plan for a discussion of measures to minimize
impact on Covered Species and mitigation requirements). Mitigation for unavoidable impacts
and management practices must be designed to achieve no net loss in viability of critical
populations, including no net loss in ecological functions for habitat areas, wildlife movement
corridors, and linkages. In no case shall a city permit more than 20 percent gross cumulative loss
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of critical populations or occupied habitat acreage (whichever is most appropriate for the species)
(Section 3.7 of MHCP Volume I). This will be based on Wildlife Agency concurrence.
Narrow Endemic Species Policy
Narrow endemic species are MHCP species that are highly restricted by their habitat affinities,
edaphic requirements, or other ecological factors, and that may have limited but important
populations within the MHCP area, such that substantial loss of these populations or their habitat
within the MHCP area might jeopardize the continued existence or recovery of that species.
Nearly all known populations of narrow endemics, and certainly all major and critical
populations, must be substantially conserved for the species to be considered covered.
Jurisdictions will specify measures in their subarea plans to ensure that impacts to narrow
endemic species are avoided to the maximum extent practicable. However, some limited taking
of narrow endemics is anticipated to occur outside the Focused Planning Areas (FPA) in
exchange for species-specific mitigation measures (Appendix D of MHCP Volume 11).
Inside of FPAs, the MHCP assumes that all subarea plans will require, in priority order,
maximum avoidance of project impacts, minimization of impacts, and species-specific mitigation
measures for unavoidable impacts. Maximum avoidance and minimization shall be interpreted
as avoidance of impacts to the degree practicable without precluding reasonable use of the
property (see Section 3.7 of the MHCP for the process to determine adequacy of avoidance and
minimization). Avoidance and minimization measures shall include biologically justified buffer
zones around narrow endemic population sites to allow for natural expansion and contraction of
populations, persistence of pollinators, and other essential ecological fhctions (see species
evaluations in Volume I1 of the MHCP). Mitigation for unavoidable impacts and management
practices shall be designed to achieve no net loss of narrow endemic populations, occupied
acreage, or population viability within the FPA. In hardline FPA areas, location points for
narrow endemics were calculated as 100 percent conserved by impact avoidance. In softline
areas, narrow endemic points were calculated as 95 percent conserved by avoidance,
minimization, and species-specific mitigation. In no case shall a city permit more than 5 percent
gross cumulative loss of narrow endemic populations (based on species points) or occupied
acreage (whichever is most appropriate for the species) within the FPA (Appendix D of MHCP
Volume 11). This will be based on Wildlife Agency concurrence.
Outside of FPAs, the MHCP assumes that all subarea plans will require maximum avoidance of
impacts to critical and major populations, and will require, in priority order, avoidance,
minimization, and mitigation for impacts to any populations. Outside of the FPA, narrow
endemic points were calculated as 80 percent conserved based on avoidance, minimization, and
species-specific mitigation. In no case shall a city permit more than 20 percent gross cumulative
loss of narrow endemic locations, population numbers, or occupied acreage (whichever is most
appropriate for the species) within the city. Unavoidable impacts shall be mitigated based on
species-specific criteria defined in subarea plans. Such mitigation shall be designed to minimize
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adverse effects to species viability and to contribute to species recovery. Any conserved lands
that support narrow endemic species must be added to the MHCP preserve system and managed
for the continued viability of the population. Mitigation for unavoidable impacts must be
designed to achieve no net loss of narrow endemic population locations, occupied acreage, or
population viability in the MHCP subregion, and preferably, but not necessarily, within each
subarea (Appendix D of MHCP Volume 11).
The MHCP defines a number of species as Narrow Endemics. Coverage for these species
generally requires substantial avoidance of known or newly discovered populations, and
participating jurisdictions to specifL and implement measures in their individual subarea plans to
avoid or minimize impacts to all populations. The Subarea Plan’s standards require 100 percent
conservation of Narrow Endemics in FPAs (see Section D.3.C) and at least 80 percent conservation
outside of preserve areas (see Section D.6).
Species known to occur in the Carlsbad Subarea that are identified in the MHCP as narrow
endemics are Orcutt’s hazardia, San Diego thorn-mint, Del Mar manzanita, Encinitas baccharis,
thread-leaved brodiaea, Del Mar Mesa sand aster, San Diego button celery, San Diego
goldenstar, little mousetail, prostrate navarretia, California Orcutt grass, Riverside fairy shrimp,
San Diego fairy shrimp, Nuttall’s lotus, and coastal cactus wren (however, the last two species
are not listed in the HMP as narrow endemics). In addition, the Carlsbad Subarea Plan has listed
Orcutt’s brodiaea, Blochman’s dudleya, and Hermes copper as narrow endemic species. There
are no documented locations of Hermes copper in the Subarea, but there is suitable habitat
(redberry and flat-topped buckwheat) for this species. If found, Hermes copper would be
afforded the additional narrow endemic protections described above. The following MHCP
narrow endemic species are not expected to occur in the Carlsbad Subarea: San Diego ambrosia,
Orcutt’s spineflower, short-leaved dudleya, variegated dudleya, oblivious tiger beetle, Harbison’ s
dun skipper, and Pacific little pocket mouse.
Critical Populations Policy
Regardless of location (inside or outside of FPA), narrow endemic populations listed as
“Critical” in Volume I1 of the MHCP (Appendix D of MHCP Volume 11) must be totally
avoided, and any narrow endemic populations that are later discovered and determined to meet
the criteria for a critical population must be maximally avoided. Maximum avoidance shall be
interpreted as avoidance of impacts to the degree practicable without precluding reasonable use
of the property (see Volume I Section 3.7 of the MHCP for the process to determine adequacy of
avoidance and minimization). Avoidance and minimization measures shall include biologically
justified buffer zones around critical population sites to allow for natural expansion and
contraction of populations, persistence of pollinators, and other essential ecological functions
(see species evaluations in Volume I1 of the MHCP). Mitigation for unavoidable impacts and
management practices must be designed to achieve no net loss of critical populations, occupied
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acreage, or population viability within the MHCP area. In no case shall a city permit more than 5
percent gross cumulative loss of critical populations or occupied acreage (whichever is most
appropriate for the species).
Wetlands Policy
The conservation of wetland-dependent species is based on the MHCP policy of no net loss of
wetland habitats (see Section 3.6 of MHCP Volume I). Subarea plans also incorporate the no net
loss policy. Jurisdictional wetlands are expected to continue to be regulated under the federal
Clean Water Act (Section 404) and the California Fish and Game Code Section 1600 et seq.
Obligate Wetland Species
These are species for which all life requisites provided in the MHCP area are expected to be
within open water or wetland vegetation communities, which are subject to the MHCP no net
loss policy (see Section 3.6 of MHCP Volume I). Consequently, inside the FPA, all MHCP
database observation points for obligate wetland species were calculated as 100 percent
conserved. This assumes 100 percent conservation of the habitat, and active habitat management
to ensure no loss of habitat value to support the species. Although wetland habitats outside the
FPA are also 100 percent conserved by the no net loss policy, associated wetland species outside
the FPA are calculated as 0 percent conserved, because active management to ensure habitat
value will not be guaranteed outside the FPA (see Section 3.3 of MHCP Volume I). Take
authorization for wetland species (see findings below) is based upon active management to
ensure habitat value for populations within the preserve.
CDFG CEQA Findings for Adequately Conserved Species
This section presents CDFG’s responsible agency findings with respect to the potentially
significant environmental effects authorized by CDFG pursuant to the NCCP Permit issued to the
City under NCCPA. Such effects are limited, specifically, to the take of a subset of the 43 listed
and non-listed species referred to collectively as “Covered Species” in the Carlsbad Subarea Plan
attached as Exhibit A). The NCCP Permit does not authorize the take of four Fully Protected
species (California brown pelican, light-footed clapper rail, American peregrine falcon, and
California least tern), although those species are Covered Species which will benefit from the
conservation and management provided by the Subarea Plan. Take authorization for San Diego
ambrosia, sticky dudleya, San Diego barrel cactus, and Engelmann oak depends on other MHCP
Subarea Plans being permitted. Take authorization for Del Mar manzanita, Encinitas baccharis,
Summer holly, Del Mar Mesa sand aster, San Diego button-celery, spreading navarretia, little
mousetail, California Orcutt grass, Torrey pine, San Diego fairy shrimp, and Riverside fairy
shrimp depends on funding for the management of conserved areas. Take authorization for San
Diego thorn-mint, wart-stemmed ceanothus, and San Diego marsh elder depends on both other
MHCP subarea plans being permitted and funding for the management of conserved areas. The
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NCCP Permit authorizes the take of 21 Covered Species at this time, with an additional 18
species requiring additional conditions to be met before take is authorized. CDFG, as a
consequence, hereby makes the following findings under CEQA with respect to effects on each
Covered Species by the Carlsbad Subarea Plan as authorized under NCCPA.
Impact 3.5.1 1 Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following low
elevation shrubland species and their habitat: Orcutt’ s hazardia (Hazardia
orcuttii), Nuttall’s scrub oak (Quercus durnosa), orange-throated whiptail
(Cnernidophorus hyperythrus beldingi), southern California rufous-
crowned sparrow (Airnophila ruficeps canescens), and coastal California
gnatcatcher (Polioptila californica californica).
-1 CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan, and the NCCP Permit that avoid or
mitigate project-related impacts on low elevation shrubland species and
their habitat to below a level of significance. (Pub. Resources Code, 8
21081, subd. (a)(l); CEQA Guidelines, 8 15091, subd. (a)(l).)
Explanation 3.5.1 CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on certain low elevation shrubland species
and their habitat because land use development will destroy or adversely affect some of the area’s
scrub and chaparral habitat, and the Subarea Plan and Permit allow take of Covered Species that
utilize such habitats. Furthermore, management activities within the Subarea Preserve may also
result in take of low elevation shrubland species and might temporarily disturb their habitat (see
Section F of Subarea Plan). The potential impact of the Subarea Plan and NCCP Permit on
individual low elevation shrubland species is more specifically disclosed in: Attachment 1 of this
NCCP Permit; Table 2, Table 9, and Appendix C of the Subarea Plan; and Section 4 of Volume
I1 of the MHCP Subregional Plan.
This group of species includes two plant and three animal species commonly associated with
scrub and chaparral vegetation communities in the coastal lowlands (generally greater than 1,000
feet elevation); however, many of these species may also occur at higher elevations and in other
habitat types (e.g., grassland, etc.). Within the low elevation shrubland group, CDFG finds that
impacts will be potentially significant on those species that are known to exist within the City.
Species found in this area include Nuttall’s scrub oak, orange-throated whiptail, southern
California rufous-crowned sparrow, and coastal California gnatcatcher, and these are
consequently the species that will be subject to the potentially significant impacts identified
above. Another low elevation shrubland species covered by the Subarea Plan is Orcutt’s
hazardia, a narrow endemic species. The only known population of Orcutt’s hazardia within the
Subarea will be preserved at the Kelly Ranch conservation area and managed in perpetuity.
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CEQA requirements for quantifling and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identifl: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios andor restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
The Final EIWEIS for Threatened and Endangered Species Due to Urban Growth Within the
Multiple Habitat Conservation Program Planning Area concludes that coastal sage scrub and
chaparral mix are not adequately conserved by the MHCP, but that significant impacts to this
vegetation community can be mitigated through the additional conservation of at least 400 to 500
acres of high-quality, contiguous coastal sage scrub, supporting 16 to 23 pairs of gnatcatchers, in
the gnatcatcher core conservation area (Section 4.3.4 of MHCP Final EIWEIS Volume I). The
core conservation area is generally located outside of the MHCP boundary, in unincorporated
San Diego County, south of San Marcos and east of Encinitas and Carlsbad (the red circle on
Figure 3-1 of MHCP Volume I).
The City will mitigate for its significant impact to coastal sage scrub and chaparral mix and the
gnatcatcher through off-site conservation of like habitat in the core conservation area. Most
major populations of gnatcatchers in the Carlsbad FPA are substantially conserved, except on
properties that are already permitted for take. However, major populations of gnatcatchers in
central Carlsbad will be only partially conserved, and this will lead to further fragmentation of
the population in this area. The partial conservation of this major population is a significant
impact on this species; however, the City will mitigate for this impact by acquiring and assuring
the management of 308 acres of high quality coastal sage scrub in the gnatcatcher core
conservation area in the unincorporated area. In addition, the City will further mitigate these
effects by restoring and enhancing at least 104 acres of coastal sage scrub in the Carlsbad
subarea.
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The impact on species within the MHCP Preserve, including the Subarea Preserve, is expected to
be small in comparison to impacts outside preserve areas because they will be limited to
occasional take and temporary habitat impacts associated with management activities designed to
benefit these species and other Covered Species (Section F of Subarea Plan). CDFG nonetheless
concludes that this impact may be potentially significant because management activities may
result in the take of some Covered Species and to disturb, at least temporarily, protected habitat
within the MHCP Preserve.
CDFG concludes that this impact, while potentially significant, has been mitigated to below a
level of significance by the conservation features that have been built into the Subarea Plan and
the MHCP Subregional Plan. The Subarea Plan estimated that 2,139 acres of coastal sage scrub
(65 percent of Subarea total), 342 acres of southern maritime chaparral (87 percent of Subarea
total), and 676 acres of chaparral habitat (70 percent of Subarea total) would be preserved. A
combination of habitat-based mitigation and the conservation of known core andor major
populations of species in this low elevation shrubland group is the basis of determining adequate
mitigation for potential impacts under the Subarea Plan. The Subarea Plan and MHCP
Subregional Plan will preserve habitat in large, interconnected blocks that will be protected in
perpetuity, and this Preserve will be adaptively managed through Area Specific Management
Directives (ASMDs) (Section 1.2 of MHCP Volume 111, and Section F.2.F and Table 9 of the
Subarea Plan) developed for particular locations of the Preserve, as well as requirements in the
MHCP’s Biological Monitoring and Management Plan (SANDAG and USFWS 2003).
Preservation of large interconnected blocks of habitat and adaptive management of conserved
habitat to adjust for changes in Covered Species will benefit these species and mitigate the loss
of low elevation shrubland species and their habitat. In addition, these species will benefit from
the Subarea Plan requirement for minimum 20-foot buffers between development and all
preserved upland, native habitat (see Section D.7-11 of Addendum 2). Buffer widths shall be
measured from the edge of preserved habitat nearest the development to the closest point of
development. Southern California rufous-crowned and coastal California gnatcatcher will
benefit from the Subarea Plan (Section D in Addendum 1) requirements for restricting or limiting
recreational or other activities within 200 feet of important foraging, breeding, and roosting
areas, and attenuation measures for activities that generate noise levels greater than 60 dB if
occurring within 200 feet of important breeding habitat during the nesting season.
Additional benefit to these species may be derived through the City’s Grading Ordinance which
regulates clearing and grubbing of sensitive biological resources to ensure compliance with the
Subarea Plan. The mitigation and conservation benefits that individual low elevation shrubland
species would derive from the Subarea Plan are more specifically identified in Attachment 1 of
this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these low elevation shrubland species and their habitat from land
use development, other covered activities and from management of the MHCP Preserve, but
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concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of these
species, that any low elevation shrubland habitat that is lost within the Subarea will be replaced
with in-tier habitat consistent with the Subarea Plan and MHCP; and, that other impact
avoidance, mitigation, and management measures in the Subarea Plan, MHCP Subregional Plan,
and NCCP Permit will be implemented. CDFG’s findings are based on the overall conservation
strategy, monitoring and management program, and species-specific conditions for coverage
identified in the MHCP and the Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea
Plan; Section 4 of Volume I1 of the MHCP Subregional Plan; and other sources identified in this
finding).
Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following
riparidfieshwater marshlaquatic species and their habitat: Harbison’s
dun skipper, Cooper’s hawk (Accipiter cooperii), osprey (Pandion
haliaetus), American peregrine falcon (Falco peregrinus anatum),
southwestern willow flycatcher (Empidonax traillii extimus), white-faced
ibis (Plegadis chihi), least Bell’s vireo (Vireo bellii pusillus), and yellow-
breasted chat (Icteria virens).
binding 3.5.21
Explanation 3.5.2:
CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MSCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on riparidfreshwater marshlaquatic species and
their habitat to below a level of significance. (Pub. Resources Code, 9
21081, subd. (a)(l); CEQA Guidelines, 9 15091, subd. (a)(l).)
CDFG finds that approval of the Subarea Plan and issuance of the NCCP
~~ Permit could result in potentially significant impacts on certain riparidfieshwater marshlaquatic
species and their habitat because land use development will destroy or adversely affect some of
the area’s wetland habitat, and the Subarea Plan and Permit allow take of Covered Species that
utilize such habitat. Furthermore, management activities within the Subarea Preserve may also
result in take of riparidfieshwater marshlaquatic species and might temporarily disturb their
habitat (See Section F of Subarea Plan). The potential impact of the Subarea Plan and NCCP
Permit on individual riparidfieshwater marshlaquatic species is more specifically disclosed in:
Attachment 1 of this Permit; Table 2, Table 9, and Appendix C of the Subarea Plan; and Section
4 of Volume I1 of the MHCP Subregional Plan.
Within this group of species, CDFG finds that impacts will be potentially significant on those
species that are known to exist within the City. Species known to occur in the Subarea include
Cooper’s hawk, osprey, American peregrine falcon, southwestern willow flycatcher, white-faced
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ibis, least Bell’s vireo, and yellow-breasted chat, and these are consequently the species that will
be subject to the potentially significant impacts identified above. Harbison’s dun skipper is not
expected to occur in the Subarea based upon its current known distribution within San Diego
County and is therefore unlikely to be adversely affected by implementation of the Subarea Plan
and through take authorized in the NCCP Permit. However, this species could be significantly
adversely affected if it is present but undetected in the City. As an additional protection for
Harbison’s dun skipper populations, should any occur with the Subarea, this species has been
listed as a narrow endemic species under the MHCP. In addition, the MHCP requires the
maintenance of at least 1 OO-foot biological buffers adjacent to occupied Harbison’s dun skipper
habitat, measured from the outer edge of oak woodland or riparian vegetation (Section 4 of
MHCP Volume 11). Within this 100-foot buffer, no new development shall be allowed, and the
area shall be managed for natural biological values as part of the Preserve system. Likewise, the
Subarea Plan (see Section D in Addendum 1) requires that biological buffers of at least 100 feet
be maintained adjacent to occupied Harbison’s dun skipper habitat, measured fiom the outer
edge of riparian vegetation or oak woodland. Within this 100-foot buffer, no new development
shall be allowed, and the area shall be managed for natural biological values as part of the
preserve system. Buffers less than 100 feet shall require written concurrence of the USFWS and
CDFG within 30 days of receipt of request for written concurrence from the local jurisdiction.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). While this requirement applies to all species, it is a condition of coverage (i.e., “As
part of the project review process [e.g., CEQA] for individual projects within the MHCP area, a
qualified biologist must survey for this species in all potential habitat areas.”) for Harbison’s dun
skipper and Cooper’s hawk. Prior to initiating CEQA review, pre-project site visits will be
conducted by a qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to
ensure that projects comply with the conservation requirements in the Subarea Plan (see Section
D). All projects within the Standards Areas will be required to submit a project description and
maps that identify: 1) the project’s location in relationship to existing conserved habitat within
the City; 2) the habitat types and any known occurrence of species in the Subarea Plan and other
species of concern in and adjacent to the project area; 3) the expected location, type, and intensity
of habitat impacts in the project area; 4) any open space requirement identified for the area under
the General Plan; and 5) specific conservation measures to ensure compliance with zone-level
and species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios and/or restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
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Furthermore, the MHCP requires as a condition of coverage that as part of the project review
process (e.g., CEQA) for individual projects within the MHCP area, a qualified biologist
possessing a Section 1 O(a) 1 (A) research permit for southwestern willow flycatcher and least
Bell’s vireo must survey all areas containing suitable habitat, using approved survey protocol
(Section 4 of MHCP Volume 11).
The impact on species listed in the riparidfreshwater marsh/aquatic group in the MHCP
Preserve, including the Subarea Preserve, is expected to be small in comparison to impacts
outside preserve areas because they will be limited to occasional take and temporary habitat
impacts associated with management activities designed to benefit these species and other
Covered Species (See Section F of Subarea Plan). CDFG nonetheless concludes that this impact
may be potentially significant because management activities can be expected to result in the take
of some Covered Species and to disturb, at least temporarily, protected habitat within the MHCP
Preserve.
The Subarea Plan estimates that 100 percent of wetland habitats will be conserved (Table 8 of
Subarea Plan). To ensure protection or mitigation for any impacts to wetland habitats, the Subarea
Plan commits to implement a no net loss of wetlands functions and values policy, and requires that
all wetland mitigation be in-kind. Mitigation ratios for wetland impacts are identified in Table 11
of the Subarea Plan. Additional protections to wetland species are derived through the City’s
Grading Ordinance that will benefit riparidfreshwater marsh/aquatic species by regulating
clearing and grubbing of sensitive biological resources to ensure compliance with the Subarea
Plan.
Finally, the Subarea Plan and MHCP Subregional Plan will preserve the majority of
riparidfreshwater marsh/aquatic habitats within large, interconnected blocks of habitat that will
be protected in perpetuity, and this Preserve will be adaptively managed through ASMDs
(Section 1.2 of MHCP Volume 111, and Section F.2.F and Table 9 of the Subarea Plan) developed
for particular locations of the Preserve, as well as requirements in the MHCP’s Biological
Monitoring and Management Plan (SANDAG and USFWS 2003). Wetland species will benefit
fiom preservation of large interconnected blocks of habitat, adaptive management of preserved
habitat to adjust for changes in wetland species and other Covered Species, and mitigation to
prevent any net loss of wetland functions and values of impacted wetland habitat. In addition,
Cooper’s hawk will benefit from the MHCP condition of coverage that preserve areas must
include 300-foot biological buffers around nest sites where feasible. The MHCP (Section 4 of
Volume 11) and Subarea Plan (Section D in Addendum 1) require that biological buffers of at
least 100 feet shall be maintained adjacent to occupied southwestern willow flycatcher and least
Bell’s vireo habitat, measured from the outer edge of riparian vegetation. Within this 100-foot
buffer, no new development shall be allowed, and the area shall be managed for natural
biological values as part of the preserve system. Yellow-breasted chat will benefit from the
MHCP condition of coverage that requires the protection of upland buffers, a minimum of 50
feet and up to 100 feet wide, around riparian habitat. Furthermore, the Subarea Plan requires
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001 -05
November 2004
21
minimum 100-foot buffers between development and all preserved habitat for wetlands, and 50-
foot buffers between development and all preserved habitat for riparian areas (see Section D.7-11
of Addendum 2). Buffer widths shall be measured from the edge of preserved habitat nearest the
development to the closest point of development. For wetlands and riparian areas possessing an
unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of
the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the
riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from
the wetland or riparian area, the buffer shall be measured from the top of the slope. The birds
within this group of species will benefit from the MHCP (Appendix E of Volume 11) and Subarea
Plan (Section D in Addendum 1) requirements for restricting or limiting recreational or other
activities within 200 feet of important foraging, breeding, and roosting areas, and attenuation
measures for activities that generate noise levels greater than 60 dB if occurring within 200 feet
of important breeding habitat during the nesting season.
As discussed in Section 5.2 of this permit, American peregrine falcon is a Covered Species, but
because it is designated as Fully Protected, take may not be authorized (California Fish and
Game Code Sections 35 11). Actions taken under the Subarea Plan are not expected to impact
this species, and no coverage for direct take of individuals of this species is requested under the
Subarea Plan. The MHCP Plan and Subarea Plan will adequately conserve the American
peregrine falcon by conserving 100 percent of wetland habitats used for foraging, including
critical foraging areas associated with the coastal lagoons, and 75 percent of the species
observation points in the Subarea, and by managing preserve areas consistent with the species’
needs.
Because osprey nest very close to large water bodies suitable for foraging, it is possible that most
suitable nesting habitat will be within the buffer zones for lakes, lagoons, estuaries, and riparian
areas. These buffer areas will be conserved along with the associated wetland habitats. The
MHCP will adequately conserve white-faced ibis by conserving 100 percent of marsh habitats
and managing these habitats to benefit the species. In addition, American peregrine falcon,
osprey, and white-faced ibis will benefit fiom the MHCP (Appendix E of Volume 11) and
Subarea Plan (Section D in Addendum 1) prohibition on land uses within 200 feet of estuarine
areas that would contribute to degraded water quality, changes in surface water or groundwater
hydrology, or increased runoff, erosion, and sedimentation.. The potential impact of the Subarea
Plan and NCCP Permit on individual riparidfreshwater marsh/aquatic species is more fully
disclosed in Attachment 1 of this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these riparidfreshwater marshlaquatic species and their habitats
fiom land use development, other covered activities and from management of the MHCP
Preserve, but concludes that this impact will be avoided or mitigated to below a level of
significance through implementation of the Subarea Plan and the MHCP Subregional Plan, and
compliance with conditions (including for pre-project surveys) of the NCCP Permit. Key to this
City of Carlsbad Subarea Plan
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NCCP Permit 2835-2004-001 -05
November 2004
22
finding by CDFG are requirements that a Preserve be established and adaptively managed for the
benefit of these species; there be no net loss of wetland functions and values within the MHCP
area and Subarea; any wetland habitats that are lost within the Subarea be replaced with in-kind
resources; and other impact avoidance, mitigation, and management measures in the Subarea
Plan, MHCP Subregional Plan and NCCP Permit be implemented. CDFG’s findings are based
on the overall conservation strategy, species-specific minimization and avoidance measures,
monitoring and management program, and species-specific conditions for coverage identified in
the MHCP and Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea Plan; Section 4
of Volume I1 of the MHCP Subregional Plan; and other sources identified in this finding).
-1 Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following salt
marsh species and their habitat: salt marsh skipper (Panoquina errans),
Belding’s savannah sparrow (Passerculus sandwichensis beldingi), large-
billed savannah sparrow (PassercuZus sandwichensis rostratus), and light-
footed clapper rail (RaZZus Zongirostris Zevipes).
-1 CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on salt marsh species and their habitat to below a
level of significance. (Pub. Resources Code, 9 21081, subd. (a)(l);
CEQA Guidelines, 0 15091, subd. (a)(l).)
Explanation 3.5.3: CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on certain salt marsh species and their
habitat because land use development will destroy or adversely affect some of the area’s salt
marsh habitat, and the Subarea Plan and Permit allow take of Covered Species that utilize the
habitat. Furthermore, management activities within the Subarea Preserve may also result in take
of salt marsh species and might temporarily disturb their habitat (See Section F of Subarea Plan).
The potential impact of the Subarea Plan and NCCP Permit on individual salt marsh species is
more specifically disclosed in: Attachment 1 of this Permit; Table 2, Table 9, and Appendix C of
the Subarea Plan; and Section 4 of Volume I1 of the MHCP Subregional Plan.
This species group includes salt marsh skipper, Belding’s savannah sparrow, and light-footed
clapper rail, all of which are strongly associated with salt marsh vegetation and, except for one
known location of Belding’s savannah sparrow, are only known to occur within the Subarea in
the Buena Vista, Agua Hedionda, and Batiquitos Lagoons, all 100 percent Preserve areas. While
these species are unlikely to be adversely affected by implementation of the Subarea Plan and
through take authorized in the NCCP Permit, some of these species could be significantly
adversely affected if they are present but undetected in salt marsh habitat in the City of Carlsbad
outside of 100 percent Preserve areas.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
November 2004
23
Large-billed savannah sparrow has not been found within the Subarea and is therefore unlikely to
be adversely eected by implementation of the Subarea Plan and through take authorized in the
NCCP Permit. However, this species could be significantly adversely affected if it is present but
undetected in the City of Carlsbad.
The impact on these species within the MHCP Preserve, including the Subarea Preserve, are
expected to be small in comparison to impacts outside preserve areas because they will be limited
to occasional take and temporary habitat impacts associated with management activities designed
to benefit these species and other Covered Species (See Section F of Subarea Plan). CDFG
nonetheless concludes that this impact may be potentially significant because management
activities can be expected to result in the take of some Covered Species and to disturb, at least
temporarily, protected habitat within the MHCP Preserve.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identify: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios andor restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
Furthermore, the MHCP requires as a condition of coverage that as part of the project review
process (e.g., CEQA) for individual projects within the MHCP area, a qualified biologist
possessing a Section lO(a)l(A) research permit for Belding’s savannah sparrow and light-footed
clapper rail must survey all areas containing suitable habitat, using approved survey protocol
(Section 4 of MHCP Volume 11).
The Subarea Plan estimates that 100 percent of wetland habitats will be conserved (Table 8 of
Subarea Plan). To ensure protection or mitigation for any impacts to wetland habitats, the Subarea
Plan commits to implement a no net loss of wetlands functions and values policy, and requires that
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
November 2004
24
all wetland mitigation be in-kind. Mitigation ratios for salt marsh habitat impacts are identified in
Table 11 of the Subarea Plan. The City’s Grading Ordinance may benefit salt marsh species by
regulating clearing and grubbing of sensitive biological resources to ensure compliance with the
Subarea Plan.
Finally, the Subarea Plan and MHCP Subregional Plan will preserve andor connect salt marsh
with large, interconnected blocks of habitat that will be protected in perpetuity, and this Preserve
will be adaptively managed through ASMDs (Section 1.2 of MHCP Volume 111, and Section
F.2.F and Table 9 of the Subarea Plan) developed for particular locations of the Preserve, as well
as requirements in the MHCP’s Biological Monitoring and Management Plan (SANDAG and
USFWS 2003). In addition, these species will benefit from the Subarea Plan requirement for
minimum 100-foot buffers between development and all preserved habitat for wetlands (see
Section D.7-11 of Addendum 2). Buffer widths shall be measured from the edge of preserved
habitat nearest the development to the closest point of development. For wetland areas
possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured
from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50
feet between the wetland area and the toe of the slope. If the toe of the slope is less than 50 feet
from the wetland area, the buffer shall be measured from the top of the slope. The birds within
this group of species will benefit from the MHCP (Appendix E of Volume 11) and Subarea Plan
(Section D in Addendum 1) requirements for restricting or limiting recreational or other activities
within 200 feet of important foraging, breeding, and roosting areas, and attenuation measures for
activities that generate noise levels greater than 60 dB if occurring within 200 feet of important
breeding habitat during the nesting season.
As discussed in Section 5.2 of this permit, light-footed clapper rail is a Covered Species, but
because it is designated as Fully Protected, take may not be authorized (California Fish and
Game Code Sections 3511). Actions taken under the Subarea Plan are not expected to impact
this species, and no coverage for direct take of individuals of this species is requested under the
Subarea Plan. The MHCP Plan and Subarea Plan will adequately conserve light-footed clapper
rail by conserving all potential habitat, critical locations, and location points in the Subarea, and
by managing preserve areas consistent with species’ needs.
Salt marsh species will benefit from preservation of large interconnected blocks of habitat,
adaptive management of preserved habitat to adjust for changes in salt marsh species and other
Covered Species, and mitigation to prevent any net loss of functions and values of impacted salt
marsh habitat. In addition, the MHCP (Appendix E of Volume 11) and Subarea Plan (Section D
in Addendum 1) prohibit land uses within 200 feet of estuarine areas that would contribute to
degraded water quality, changes in surface water or groundwater hydrology, or increased runoff,
erosion, and sedimentation.. The mitigation and conservation benefits that individual salt marsh
species would derive from the Subarea Plan are more specifically identified in Attachment 1 of
this NCCP Permit.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
November 2004
25
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these salt marsh species and their habitat from land use
development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of these
species; there be no net loss of wetland functions and values within the MHCP area and Subarea;
any salt marsh habitats that are lost within the Subarea be replaced with in-kind resources; and
other impact avoidance, mitigation, and management measures in the Subarea Plan, MHCP
Subregional Plan and NCCP Permit be implemented. CDFG’s findings are based on the overall
conservation strategy, species-specific minimization and avoidance measures, monitoring and
management program, and species-specific conditions for coverage identified in the MHCP and
Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea Plan; Section 4 of Volume I1 of
the MHCP Subregional Plan; and other sources identified in this finding).
bpact 3.5.4 I Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following coastal
bluff and nearshore species and their habitat: Blochman’s dudleya
(Dudleya blochmaniae ssp. blochmaniae), Orcutt’s spineflower
(Chorizanthe orcuttiana), cliff spurge (Euphorbia misera), western snowy
plover (Charadrius alexandrinus nivosus), California brown pelican
(Pelecanus occidentalis californicus), California least tern (Sterna
antillarum browni), and elegant tern (Sterna elegans).
CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on coastal bluff and nearshore species and their
habitat to below a level of significance. (Pub. Resources Code, 0 21081,
subd. (a)(l); CEQA Guidelines, 0 15091, subd. (a)(l).)
Explanation 3.5.4: CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on certain coastal bluff and nearshore
species and their habitat because land use development will destroy or adversely affect some of
the area’s coastal habitat, and the Subarea Plan and Permit allow take of Covered Species that
utilize the habitat. Furthermore, approved uses and management activities within the Subarea
Preserve may also result in take of coastal bluff and nearshore species and might temporarily
disturb their habitat (Section F of Subarea Plan). The potential impact of the Subarea Plan and
NCCP Permit on individual coastal bluff and nearshore species is more specifically disclosed in:
Attachment 1 of this Permit; Table 2, Table 9, and Appendix C of the Subarea Plan; and Section
4 of Volume I1 of the MHCP Subregional Plan.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001 -05
November 2004
26
This group of species includes three plant and four animal species commonly associated with
coastal bluff and nearshore habitats. Within the coastal bluff and nearshore habitats group,
CDFG finds that impacts will be potentially significant on those species, including Blochman’s
dudleya, that are known to exist within the City. Cliff spurge is only known to occur within the
Subarea within the Agua Hedionda Lagoon and adjacent Kelly Ranch conservation area, both
100 percent Preserve areas. Western snowy plover, California brown pelican, California least
tern, and elegant tern are strongly associated with coastal bluff and nearshore habitats and are
only known to occur within the Subarea in the Buena Vista, Agua Hedionda, and Batiquitos
Lagoons, all 100 percent Preserve areas. These four bird species are not expected to make
significant use of other upland habitats within the Subarea, but may occasionally fly over or rest
on such lands within the Subarea. While these species are unlikely to be adversely affected by
implementation of the Subarea Plan and through take authorized in the NCCP Permit, some of
these species could be adversely affected if they are present but undetected in coastal bluff and
nearshore habitats in the City of Carlsbad outside of 100 percent Preserve areas.
Another coastal bluff and nearshore species covered by the Subarea Plan is Orcutt’s spineflower,
which has not been found within the Subarea and are therefore unlikely to be adversely affected
by implementation of the Subarea Plan and through take authorized in the NCCP Permit.
However, this species could be significantly adversely affected if it is present but undetected in
the City. As an additional protection for Orcutt’s spineflower populations, should any occur with
the Subarea, this species has been listed as a narrow endemic species under the MHCP.
Potential impacts on any of these species within the MHCP Preserve, including the Subarea
Preserve, are expected to be small in comparison to impacts outside preserve areas because they
will be limited to occasional take and temporary habitat impacts associated with management
activities designed to benefit these species and other Covered Species (Section F of Subarea
Plan). CDFG nonetheless concludes that this impact may be potentially significant because
management activities may result in the take of some Covered Species and to disturb, at least
temporarily, protected habitat within the MHCP Preserve.
As discussed in Section 5.2 of this permit, California brown pelican and California least tern are
Covered Species, but because they are designated as Fully Protected, take may not be authorized
(California Fish and Game Code Sections 35 11). Actions taken under the Subarea Plan are not
expected to impact these species, and no coverage for direct take of individuals of these species
is requested under the Subarea Plan. The MHCP Subregional Plan (Section 4 of Volume 11) and
Subarea Plan provide for the conservation of 100 percent of the roosting and foraging habitat for
the brown pelican in the MHCP study area, and no new development of beaches and lagoons is
authorized. Similarly, 96 percent of the suitable habitat for and species observation points of the
California least tern and 100 percent of critical lagoon habitats and major populations will be
conserved, and management directives are required by the MHCP to ensure the protection of the
species’ nesting sites.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
November 2004
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CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). While this requirement applies to all species, it is a condition of coverage (Le., “As
part of the project review process [e.g., CEQA] for individual projects within the MHCP area, a
qualified biologist must survey for this species in all potential habitat areas.”) for Orcutt’s
spineflower and Blochman’s dudleya. Prior to initiating CEQA review, pre-project site visits
will be conducted by a qualified biologist in Standards Areas (see Section E.3.B of the Subarea
Plan) to ensure that projects comply with the conservation requirements in the Subarea Plan (see
Section D). All projects within the Standards Areas will be required to submit a project
description and maps that identify: 1) the project’s location in relationship to existing conserved
habitat within the City; 2) the habitat types and any known occurrence of species in the Subarea
Plan and other species of concern in and adjacent to the project area; 3) the expected location,
type, and intensity of habitat impacts in the project area; 4) any open space requirement identified
for the area under the General Plan; and 5) specific conservation measures to ensure compliance
with zone-level and species specific standards. Such baseline information is essential to
appropriately evaluate impacts to such habitat, and to apply mitigation ratios in accordance with
the functions and values of both the impacted habitat, as well as the mitigation habitat proposed
by a project, as discussed in Section D.6 of the Subarea Plan. Therefore, where baseline
information does not exist, or may be outdated, surveys will be performed, as appropriate, during
the CEQA review process. This will ensure that appropriate mitigation ratios and/or restoration
requirements, Narrow Endemics policies, and other species-specific measures, identified in the
Subarea Plan and MHCP Subregional Plan, are implemented.
The Subarea Plan and MHCP Subregional Plan will preserve habitat in large, interconnected
blocks that will be protected in perpetuity, and this Preserve will be adaptively managed through
ASMDs (Section 1.2 of MHCP Volume 111, and Section F.2.F and Table 9 of the Subarea Plan)
developed for particular locations of the Preserve, as well as requirements in the MHCP’s
Biological Monitoring and Management Plan (SANDAG and USFWS 2003). Preservation of
large interconnected blocks of habitat, and adaptive management of that habitat to adjust for
changes in Covered Species, will benefit these species and mitigate the loss of coastal bluff and
nearshore species and their habitat. In addition, these species will benefit from the Subarea Plan
requirement for minimum 1 OO-foot buffers between development and all preserved habitat for
wetlands, and 20-foot buffers between development and all preserved native, upland habitat (see
Section D.7-11 of Addendum 2). Buffer widths shall be measured from the edge of preserved
habitat nearest the development to the closest point of development. For wetland areas
possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured
from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50
feet between the wetland area and the toe of the slope. If the toe of the slope is less than 50 feet
from the wetland area, the buffer shall be measured from the top of the slope. The birds within
this group of species will benefit from the MHCP (Appendix E of Volume 11) and Subarea Plan
(Section D in Addendum 1) requirements for restricting or limiting recreational or other activities
within 200 feet of important foraging, breeding, and roosting areas, and attenuation measures for
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-00 1-05
November 2004
28
activities that generate noise levels greater than 60 dB if occurring within 200 feet of important
breeding habitat during the nesting season.
Additional benefit is provided to the above species through the City’s Grading Ordinance by
regulating clearing and grubbing of sensitive biological resources to ensure compliance with the
Subarea Plan. The potential impact of the Subarea Plan and NCCP Permit on individual coastal
bluff and nearshore species is more fully disclosed in Attachment 1 of this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these coastal bluff and nearshore species and their habitat from
land use development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of these
species; that habitat losses within the MHCP and the Subarea will be limited; that any covered
coastal habitat that is lost within the Subarea will be replaced with in-tier habitat consistent with
the Subarea Plan and MHCP; and that other impact avoidance, mitigation, and management
measures in the Subarea Plan, MHCP Subregional Plan, and NCCP Permit will be implemented.
CDFG’s findings are based on the overall conservation strategy, species-specific minimization
and avoidance measures, monitoring and management program, and species-specific conditions
for coverage identified in the MHCP and the Subarea Plan (Table 2, Table 9, and Appendix C of
the Subarea Plan; Section 4 of Volume I1 of the MHCP Subregional Plan; and other sources
identified in this finding).
CDFG CEQA Findings for Species Coverage Contingent on Other MHCP Subarea
Plans Being Permitted and/or Funding for Management of Conserved Areas
tImpact 3.5.5 I Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following low
elevation shrubland species and their habitat: San Diego thorn-mint
(Acanthomintha ilicifolia), San Diego ambrosia (Ambrosia pumila), Wart-
stemmed ceanothus (Ceanothus verrucosus), Sticky dudleya (Dudleya
viscida), San Diego barrel cactus (Ferocactus viridescens), Del Mar
manzanita (Arctostaphylos glandulosa ssp. crassifolia), Encinitas
baccharis (Baccharis vanessae), Summer holly (Comarostaphylis
diversifolia ssp diverifolia), Del Mar Mesa sand aster (Corethrogyne
jlaginifolia var. linifolia), and Torrey pine (Pinus torreyana ssp.
torreyana).
City of Carlsbad Subarea Plan
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NCCP Permit 2835-2004-00 1-05
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Finding 3.5.5 I CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan, and the NCCP Permit that avoid or
mitigate project-related impacts on low elevation shrubland species and
their habitat to below a level of significance. (Pub. Resources Code, 0
21081, subd. (a)(l); CEQA Guidelines, 0 15091, subd. (a)(l).)
Explanation 3.5.5 CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on certain low elevation shrubland species
and their habitat because land use development will destroy or adversely affect some of the area’s
scrub and chaparral habitat, and the Subarea Plan and Permit allow take of Covered Species that
utilize such habitats. Furthermore, management activities within the Subarea Preserve may also
result in take of low elevation shrubland species and might temporarily disturb their habitat (see
Section F of Subarea Plan). The potential impact of the Subarea Plan and NCCP Permit on
individual low elevation shrubland species is more specifically disclosed in: Attachment 1 of this
NCCP Permit; Table 2, Table 9, and Appendix C of the Subarea Plan; and Section 4 of Volume
I1 of the MHCP Subregional Plan.
This group of species includes ten plant species commonly associated with scrub and chaparral
vegetation communities in the coastal lowlands (generally greater than 1,000 feet elevation);
however, many of these species may also occur at higher elevations and in other habitat types
(e.g., grassland, etc.). Within the low elevation shrubland group, CDFG finds that impacts will
be potentially significant on those species that are known to exist within the City. Species found
in this area include San Diego thorn-mint, Wart-stemmed ceanothus, Sticky dudleya, San Diego
barrel cactus, Del Mar manzanita, Encinitas baccharis, Summer holly, Del Mar Mesa sand aster,
and Torrey pine, and these are consequently the species that will be subject to the potentially
significant impacts identified above. San Diego thorn-mint, San Diego ambrosia, Del Mar
manzanita, Encinitas baccharis, and Del Mar Mesa sand aster have been listed as narrow endemic
species under the MHCP, which provides additional protection for populations of these species.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). While this requirement applies to all species, it is a condition of coverage (i.e., “As
part of the project review process [e.g., CEQA] for individual projects within the MHCP area, a
qualified biologist must survey for this species in all potential habitat areas.”) for San Diego
thorn-mint, San Diego ambrosia, and San Diego barrel cactus. Prior to initiating CEQA review,
pre-project site visits will be conducted by a qualified biologist in Standards Areas (see Section
E.3.B of the Subarea Plan) to ensure that projects comply with the conservation requirements in
the Subarea Plan (see Section D). All projects within the Standards Areas will be required to
submit a project description and maps that identify: 1) the project’s location in relationship to
existing conserved habitat within the City; 2) the habitat types and any known occurrence of
species in the Subarea Plan and other species of concern in and adjacent to the project area; 3)
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30
the expected location, type, and intensity of habitat impacts in the project area; 4) any open space
requirement identified for the area under the General Plan; and 5) specific conservation measures
to ensure compliance with zone-level and species specific standards. Such baseline information
is essential to appropriately evaluate impacts to such habitat, and to apply mitigation ratios in
accordance with the functions and values of both the impacted habitat, as well as the mitigation
habitat proposed by a project, as discussed in Section D.6 of the Subarea Plan. Therefore, where
baseline information does not exist, or may be outdated, surveys will be performed, as
appropriate, during the CEQA review process. This will ensure that appropriate mitigation ratios
and/or restoration requirements, Narrow Endemics policies, and other species-specific measures,
identified in the Subarea Plan and MHCP Subregional Plan, are implemented.
The Final EIWEIS for Threatened and Endangered Species Due to Urban Growth Within the
Multiple Habitat Conservation Program Planning Area concludes that coastal sage scrub and
chaparral mix are not adequately conserved by the MHCP, but that significant impacts to this
vegetation community can be mitigated through the additional conservation of at least 400 to 500
acres of high-quality, contiguous coastal sage scrub, supporting 16 to 23 pairs of gnatcatchers, in
the gnatcatcher core conservation area (Section 4.3.4 of MHCP Final EIIUEIS Volume I). The
core conservation area is generally located outside of the MHCP boundary, in unincorporated
San Diego County, south of San Marcos and east of Encinitas and Carlsbad (the red circle on
Figure 3-1 of MHCP Volume I).
The City will mitigate for its significant impact to coastal sage scrub and chaparral mix and the
gnatcatcher through off-site conservation of like habitat in the core conservation area. Most
major populations of gnatcatchers in the Carlsbad FPA are substantially conserved, except on
properties that are already permitted for take. However, major populations of gnatcatchers in
central Carlsbad will be only partially conserved, and this will lead to further fragmentation of
the population in this area. The partial conservation of this major population is a significant
impact on this species; however, the City will mitigate for this impact by acquiring and assuring
the management of 307.6 acres of high quality coastal sage scrub in the gnatcatcher core
conservation area in the unincorporated area (see Section E.6.A in Subarea Plan). In addition,
the City will fiuther mitigate these effects by restoring and enhancing at least 104 acres of coastal
sage scrub in the Carlsbad subarea (see MHCP EIFUEIS Section 4.3.3.1).
The impact on species within the MHCP Preserve, including the Subarea Preserve, is expected to
be small in comparison to impacts outside preserve areas because they will be limited to
occasional take and temporary habitat impacts associated with management activities designed to
benefit these species and other Covered Species (Section F of Subarea Plan). CDFG nonetheless
concludes that this impact may be potentially significant because management activities may
result in the take of some Covered Species and to disturb, at least temporarily, protected habitat
within the MHCP Preserve.
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CDFG concludes that this impact, while potentially significant, has been mitigated to below a
level of significance by the conservation features that have been built into the Subarea Plan and
the MHCP Subregional Plan. The Subarea Plan estimated that 2,139 acres of coastal sage scrub
(65 percent of Subarea total), 342 acres of southern maritime chaparral (87 percent of Subarea
total), and 676 acres of chaparral habitat (70 percent of Subarea total) will be preserved. A
combination of habitat-based mitigation and the conservation of known core and/or major
populations of species in this low elevation shrubland group is the basis of determining adequate
mitigation for potential impacts under the Subarea Plan. The Subarea Plan and MHCP
Subregional Plan will preserve habitat in large, interconnected blocks that will be protected in
perpetuity, and this Preserve will be adaptively managed through ASMDs (Section 1.2 of MHCP
Volume 111, and Section F.2.F and Table 9 of the Subarea Plan) developed for particular locations
of the Preserve, as well as requirements in the MHCP’s Biological Monitoring and Management
Plan (SANDAG and USFWS 2003). Preservation of large interconnected blocks of habitat and
adaptive management of conserved habitat to adjust for changes in Covered Species will benefit
these species and mitigate the loss of low elevation shrubland species and their habitat. In
addition, these species will benefit from the Subarea Plan requirement for minimum 20-foot
buffers between development and all preserved upland, native habitat (see Section D.7-11 of
Addendum 2). Buffer widths shall be measured from the edge of preserved habitat nearest the
development to the closest point of development. Additional benefit to these species may be
derived through the City’s Grading Ordinance which regulates clearing and grubbing of sensitive
biological resources to ensure compliance with the Subarea Plan. The mitigation and
conservation benefits that individual low elevation shrubland species would derive from the
Subarea Plan are more specifically identified in Attachment 1 of this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these low elevation shrubland species and their habitat from land
use development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of these
species, that any low elevation shrubland habitat that is lost within the Subarea will be replaced
with in-tier habitat consistent with the Subarea Plan and MHCP; and, that other impact
avoidance, mitigation, and management measures in the Subarea Plan, MHCP Subregional Plan,
and NCCP Permit will be implemented. CDFG’s findings are based on the overall conservation
strategy, monitoring and management program, and species-specific conditions for coverage
identified in the MHCP and the Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea
Plan; Section 4 of Volume I1 of the MHCP Subregional Plan; and other sources identified in this
finding).
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Take authorization for Del Mar manzanita, Encinitas baccharis, Summer holly, Del Mar Mesa
sand aster, and Torrey pine is contingent on funding for management of conserved areas. Take
authorization for San Diego thorn-mint and wart-stemmed ceanothus is contingent on funding for
management of conserved areas and the San Marcos Subarea Plan being permitted. The major
populations and critical locations of San Diego thorn-mint in San Marcos must be conserved at a
level consistent with the critical location policy and managed as part of the preserve system. The
major population in the Mount Whitney-Double Peak area of San Marcos must be conserved at a
minimum of 70 percent of the existing population. Take authorization for San Diego ambrosia
and sticky dudleya is contingent on the Oceanside Subarea Plan being permitted. The major
population and critical location of San Diego ambrosia near Mission Boulevard in east Oceanside
must be conserved at a level consistent with the critical location policy and managed as part of
the preserve system. The major population and critical location of sticky dudleya at the San Luis
Rey River in Oceanside must be conserved at a level consistent with the critical location policy
and managed as part of the preserve system. Take authorization for San Diego barrel cactus is
contingent on the Encinitas Subarea Plan being permitted. The major population and critical
location of San Diego barrel cactus at Lux Canyon in Encinitas must be conserved at a level
consistent with the critical location policy and managed as part of the preserve system.
bpact 3.5.6 I Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following oak
woodland species and its habitat: Engelmann oak (Quercus engelmannii).
lFinding1 CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan, and the NCCP Permit that avoid or
mitigate project-related impacts on Engelmann oak and its habitat to below
a level of significance. (Pub. Resources Code, 0 21081, subd. (a)(l);
CEQA Guidelines, 0 15091, subd. (a)(l).)
Explanation 3.5.6 CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on Engelmann oak and its habitat because
land use development will destroy or adversely affect some of the area’s oak woodland habitat,
and the Subarea Plan and Permit allow take of Covered Species that utilize such habitats.
Furthermore, management activities within the Subarea Preserve may also result in take of
Engelmann oak and might temporarily disturb its habitat (see Section F of Subarea Plan). The
potential impact of the Subarea Plan and NCCP Permit on Engelmann oak is more specifically
disclosed in: Attachment 1 of this NCCP Permit; Table 2, Table 9, and Appendix C of the
Subarea Plan; and Section 4 of Volume I1 of the MHCP Subregional Plan.
Engelmann oak is commonly associated with chaparral (see Finding 3.5.6) and oak woodland
vegetation communities. Within the oak woodland group, CDFG finds that impacts will be
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NCCP Permit 2835-2004-001-05
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potentially significant on those species that are known to exist within the City. Engelmann oak is
found in this area, and this species will be subject to the potentially significant impacts identified
above.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identify: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios and/or restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
The impact on species within the MHCP Preserve, including the Subarea Preserve, is expected to
be small in comparison to impacts outside preserve areas because they will be limited to
occasional take and temporary habitat impacts associated with management activities designed to
benefit this species and other Covered Species (Secti0n.F of Subarea Plan). CDFG nonetheless
concludes that this impact may be potentially significant because management activities may
result in the take of some Covered Species and to disturb, at least temporarily, protected habitat
within the MHCP Preserve.
CDFG concludes that this impact, while potentially significant, has been mitigated to below a
level of significance by the conservation features that have been built into the Subarea Plan and
the MHCP Subregional Plan. The Subarea Plan and MHCP Subregional Plan will preserve
habitat in large, interconnected blocks that will be protected in perpetuity, and this Preserve will
be adaptively managed through ASMDs (Section 1.2 of MHCP Volume 111, and Section F.2.F
and Table 9 of the Subarea Plan) developed for particular locations of the Preserve, as well as
requirements in the MHCP’s Biological Monitoring and Management Plan (SANDAG and
USFWS 2003). Preservation of large interconnected blocks of habitat and adaptive management
of conserved habitat to adjust for changes in Covered Species will benefit and mitigate the loss of
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NCCP Permit 2835-2004-001 -05
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34
this oak woodland species and its habitat. In addition, this species will benefit fiom the Subarea
Plan requirement for minimum 20-foot buffers between development and all preserved upland,
native habitat (see Section D.7-11 of Addendum 2). Buffer widths shall be measured from the
edge of preserved habitat nearest the development to the closest point of development.
Additional benefit to this species may be derived through the City’s Grading Ordinance which
regulates clearing and grubbing of sensitive biological resources to ensure compliance with the
Subarea Plan. The mitigation and conservation benefits that this oak woodland species would
derive from the Subarea Plan are more specifically identified in Attachment 1 of this NCCP
Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on this oak woodland species and its habitat fiom land use
development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of this
species, that any oak woodland habitat that is lost within the Subarea will be replaced with in-tier
habitat consistent with the Subarea Plan and MHCP; and, that other impact avoidance,
mitigation, and management measures in the Subarea Plan, MHCP Subregional Plan, and NCCP
Permit will be implemented. CDFG’s findings are based on the overall conservation strategy,
monitoring and management program, and species-specific conditions for coverage identified in
the MHCP and the Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea Plan; Section
4 of Volume I1 of the MHCP Subregional Plan; and other sources identified in this finding).
In order for the City to get take authorization for Engelmann oak, the City of Escondido Subarea
Plan must be permitted in order to ensure that all critical locations of this species in Escondido
are substantially conserved in accordance with the critical location policy and managed as part of
the Preserve system.
Impact 3.5.7 I Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following clay
microhabitat species and its habitat: thread-leaved brodiaea (Brodiaea
Jilifolia) .
Finding 3.5.7 I CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MSCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on this clay microhabitat species and its habitat to
below a level of significance. (Pub. Resources Code, 5 21081, subd.
(a)(l); CEQA Guidelines, 5 15091, subd. (a)(l).)
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NCCP Permit 2835-2004-001-05
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Explanation 3.5.7: CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on thread-leaved brodiaea, a narrow
endemic, clay microhabitat species, and its habitat because land use development will destroy or
adversely affect some of the area’s clay soil habitat, and the Subarea Plan and Permit allow take
of Covered Species that utilize the habitat. Furthermore, management activities within the
Subarea Preserve may also result in take of this clay microhabitat species and might temporarily
disturb their habitat (See Section F of Subarea Plan). The potential impact of the Subarea Plan
and NCCP Permit on this clay microhabitat species is more specifically disclosed in: Attachment
1 of this Permit; Table 2, Table 9, and Appendix C of the Subarea Plan; and Section 4 of Volume
I1 of the MHCP Subregional Plan.
CDFG finds that impacts will be potentially significant on this species, which is known to exist
within the City. The impact on this species within the MHCP Preserve, including the Subarea
Preserve, is expected to be small in comparison to impacts outside preserve areas because they
will be limited to occasional take and temporary habitat impacts associated with management
activities designed to benefit this Covered Species (See Section F of Subarea Plan). CDFG
nonetheless concludes that this impact may be potentially significant because management
activities can be expected to result in the take of this Covered Species and to disturb, at least
temporarily, protected habitat within the MHCP Preserve.
Clay microhabitat species are comprised of several plant species which are highly restricted to a
particular habitadsoil affinity and other specialized conditions, resulting in these species having,
generally, very limited and localized populations within San Diego County and the MHCP in
particular. They are not broadly distributed within a particular habitat type, and typically do not
occur where there has been a moderate or higher level of disturbance, or where non-native
species dominate the substrate. CDFG concludes that potential impacts, while potentially
significant, have been mitigated to below a level of significance by the conservation features that
have been built into the Subarea Plan and the MHCP Subregional Plan (Section 4 of MHCP
Volume 11). MHCP coverage for this species has largely been achieved through the conservation
of major populations and through defining this species as a narrow endemic, ensuring a high
level of conservation for any subsequently identified populations (see Attachment 1 of this
Permit for further discussion of mitigation and conservation benefits for this species). Also, this
clay soil associate is often found peripherally to vernal pools, and may therefore benefit by
conservation and protections of vernal pool habitat through the Subarea Plan.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identify: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
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36
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios andor restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
Finally, the Subarea Plan and MHCP Subregional Plan will preserve populations of clay
microhabitat species in large, interconnected blocks of habitat that will be protected in perpetuity,
and this Preserve will be adaptively managed through ASMDs (Section 1.2 of MHCP Volume
111, and Section F.2.F and Table 9 of the Subarea Plan) developed for particular locations of the
Preserve, as well as requirements in the MHCP’s Biological Monitoring and Management Plan
(SANDAG and USFWS 2003). ASMDs for clay microhabitat species generally require measures
to protect against detrimental edge effects and to maintain surrounding habitat for pollinators.
Preservation of large interconnected blocks of habitat, and adaptive management of that habitat
to adjust for changes in clay microhabitat species and other Covered Species, will benefit these
species and mitigate the loss of a small percentage of existing clay microhabitat and thread-
leaved brodiaea. In addition, this species will benefit from the Subarea Plan requirement for
minimum 20-foot buffers between development and all preserved upland, native habitat (see
Section D.7-11 of Addendum 2). Buffer widths shall be measured from the edge of preserved
habitat nearest the development to the closest point of development.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on this clay microhabitat species and its habitat from land use
development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of this
species, and that other impact avoidance, mitigation and management measures in the Subarea
Plan, MHCP Subregional Plan and NCCP Permit will be implemented. CDFG’s findings are
based on the overall conservation strategy, monitoring and management program, and species-
specific conditions for coverage identified in the MHCP and the Subarea Plan (Table 2, Table 9,
and Appendix C of the Subarea Plan; Section 4 of Volume I1 of the MHCP Subregional Plan;
and other sources identified in this finding).
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Take authorization for thread-leaved brodiaea is contingent on hding for management of
conserved areas.
Impact 3.5.8 I Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following vernal
pool species and their habitat: San Diego button-celery (Eryngium
aristulatum var. parishii), little mousetail (Myosurus minimus ssp. apus),
spreading navarretia (Navarretia fossalis), California Orcutt grass
(Orcuttia californica), Riverside fairy shrimp (Streptocephalus woottoni),
and San Diego fairy shrimp (Branchinecta sandiegonensis).
pinding 3.5.8 I CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MSCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on vernal pool species and their habitat to below a
level of significance. (Pub. Resources Code, Q 21081, subd. (a)(l);
CEQA Guidelines, Q 15091, subd. (a)(l).)
Explanation 3.5.8: CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on certain vernal pool species and their
habitat because land use development will destroy or adversely affect some of the area’s wetland
habitat, and the Subarea Plan and Permit allow take of Covered Species that utilize such habitat.
Furthermore, management activities within the Subarea Preserve may also result in take of vernal
pool species and might temporarily disturb their habitat (See Section F of Subarea Plan). The
potential impact of the Subarea Plan and NCCP Permit on individual vernal pool species is more
specifically disclosed in: Attachment 1 of this Permit; Table 2, Table 9, and Appendix C of the
Subarea Plan; and Section 4 of Volume I1 of the MHCP Subregional Plan.
Within this group of species, CDFG finds that impacts will be potentially significant on those
species that are known to exist within the City. Species known to occur in the Subarea include
San Diego button-celery, little mousetail, spreading navarretia, California Orcutt grass, Riverside
fairy shrimp, and San Diego fairy shrimp. Major and critical populations of all of these species
are only known to occur in the Subarea in the Poinsettia Lane vernal pools that are 100 percent
conserved. The MHCP requires that all vernal pools and their watersheds within the MHCP
study area must be 100 percent conserved, regardless of occupancy by these species and
regardless of location inside or outside of the FPA, unless doing so would remove all economic
uses of a property. Therefore, it is unlikely that these species will be adversely affected by
implementation of the Subarea Plan and through take authorized in the NCCP Permit. However,
these species could be significantly adversely affected if they are present but undetected in the
City. As additional protection for populations of these species, they have been listed as a narrow
endemic and obligate wetland species under the MHCP.
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CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identify: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios andor restoration requirements,
Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
Furthermore, the MHCP requires as a condition of coverage that as part of the project review
process (e.g., CEQA) for individual projects within the MHCP area, a qualified biologist
possessing a Section lO(a)l(A) research permit for San Diego fairy shrimp and Riverside fairy
shrimp must survey all areas containing pools, using approved survey protocol (Section 4 of
MHCP Volume 11). Surveys shall be conducted when impacts could occur as a result of direct or
indirect impacts by placement of a project in or adjacent to suitable habitat. Suitable habitat
includes vernal pools as well as any other pools (natural or unnatural) that have potential to
support fairy shrimp based on their physical, chemical, and biological attributes.
The impact on species listed in the vernal pool group in the MHCP Preserve, including the
Subarea Preserve, is expected to be small in comparison to impacts outside Preserve areas
because they will be limited to occasional take and temporary habitat impacts associated with
management activities designed to benefit these species and other Covered Species (See Section
F of Subarea Plan). CDFG nonetheless concludes that this impact may be potentially significant
because management activities can be expected to result in the take of some Covered Species and
to disturb, at least temporarily, protected habitat within the MHCP Preserve.
The Subarea Plan estimates that 100 percent of wetland habitats will be conserved (Table 8 of
Subarea Plan). To ensure protection or mitigation for any impacts to wetland habitats, the Subarea
Plan commits to implement a no net loss of wetlands functions and values policy, and requires that
all wetland mitigation be in-kind. Mitigation ratios for wetland impacts are identified in Table 11
of the Subarea Plan. Additional protections to wetland species are derived through the City’s
City of Carlsbad Subarea Plan
NCCP Permit 2835-2004-001-05
November 2004
Multiple Habitat Conservation Program 39
Grading Ordinance that will benefit vernal pool species by regulating clearing and grubbing of
sensitive biological resources to ensure compliance with the Subarea Plan.
Finally, the Subarea Plan and MHCP Subregional Plan will preserve the majority of vernal pool
habitat within large, interconnected blocks of habitat that will be protected in perpetuity, and this
Preserve will be adaptively managed through ASMDs (Section 1.2 of MHCP Volume 111, and
Section F.2.F and Table 9 of the Subarea Plan) developed for particular locations of the Preserve,
as well as requirements in the MHCP’s Biological Monitoring and Management Plan (SANDAG
and USFWS 2003). Wetland species will benefit from preservation of large interconnected
blocks of habitat, adaptive management of preserved habitat to adjust for changes in wetland
species and other Covered Species, and mitigation to prevent any net loss of wetland functions
and values of impacted wetland habitat. In addition, these species will benefit from the Subarea
Plan requirement for minimum 1 00-foot buffers between development and all preserved habitat
for wetlands (see Section D.7-11 of Addendum 2). Buffer widths shall be measured from the
edge of preserved habitat nearest the development to the closest point of development. The
potential impact of the Subarea Plan and NCCP Permit on individual vernal pool species is more
fully disclosed in Attachment 1 of this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on these vernal pool species and their habitats from land use
development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of these
species; there be no net loss of wetland functions and values within the MHCP area and Subarea;
any wetland habitats that are lost within the Subarea be replaced with in-kind resources; and
other impact avoidance, mitigation, and management measures in the Subarea Plan, MHCP
Subregional Plan and NCCP Permit be implemented. CDFG’s findings are based on the overall
conservation strategy, species-specific minimization and avoidance measures, monitoring and
management program, and species-specific conditions for coverage identified in the MHCP and
Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea Plan; Section 4 of Volume I1 of
the MHCP Subregional Plan; and other sources identified in this finding).
Take authorization for the species in this group is contingent on funding for management of
conserved areas, and the City receiving legal control over the protection, management, and
monitoring of the vernal pools adjacent to the Poinsettia Train Station in Carlsbad.
t[mpactl Approval of the Subarea Plan and issuance of the NCCP Permit could
result in potentially significant adverse impacts on the following alkali
marsh species and its habitat: San Diego marsh elder (Ivu huyesiunu).
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NCCP Permit 2835-2004-001-05
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CDFG finds that changes have been required in, or incorporated into, the
Subarea Plan, the MHCP Plan and the NCCP Permit that avoid or mitigate
project-related impacts on alkali marsh species and their habitat to below a
level of significance. (Pub. Resources Code, 0 21081, subd. (a)(l);
CEQA Guidelines, 0 15091, subd. (a)(l).)
Explanation 3.5.9: CDFG finds that approval of the Subarea Plan and issuance of the NCCP
Permit could result in potentially significant impacts on San Diego marsh elder, an alkali marsh
species and its habitat because land use development will destroy or adversely affect some of the
area’s alkali marsh habitat, and the Subarea Plan and Permit allow take of Covered Species that
utilize the habitat. Furthermore, management activities within the Subarea Preserve may also
result in take of San Diego marsh elder and might temporarily disturb its habitat (See Section F
of Subarea Plan). The potential impact of the Subarea Plan and NCCP Permit on San Diego
marsh elder is more specifically disclosed in: Attachment 1 of this Permit; Table 2, Table 9, and
Appendix C of the Subarea Plan; and Section 4 of Volume I1 of the MHCP Subregional Plan.
The impact on this species within the MHCP Preserve, including the Subarea Preserve, are
expected to be small in comparison to impacts outside preserve areas because they will be limited
to occasional take and temporary habitat impacts associated with management activities designed
to benefit this species and other Covered Species (See Section F of Subarea Plan). CDFG
nonetheless concludes that this impact may be potentially significant because management
activities can be expected to result in the take of some Covered Species and to disturb, at least
temporarily, protected habitat within the MHCP Preserve.
CEQA requirements for quantifling and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identify: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to such habitat, and to apply mitigation ratios in accordance with the functions and
values of both the impacted habitat, as well as the mitigation habitat proposed by a project, as
discussed in Section D.6 of the Subarea Plan. Therefore, where baseline information does not
exist, or may be outdated, surveys will be performed, as appropriate, during the CEQA review
process. This will ensure that appropriate mitigation ratios andor restoration requirements,
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Narrow Endemics policies, and other species-specific measures, identified in the Subarea Plan
and MHCP Subregional Plan, are implemented.
The Subarea Plan estimates that 100 percent of wetland habitats will be conserved (Table 8 of
Subarea Plan). To ensure protection or mitigation for any impacts to wetland habitats, the Subarea
Plan commits to implement a no net loss of wetlands functions and values policy, and requires that
all wetland mitigation be in-kind. Mitigation ratios for alkali marsh habitat impacts are identified
in Table 11 of the Subarea Plan. The City’s Grading Ordinance may benefit alkali marsh species
by regulating clearing and grubbing of sensitive biological resources to ensure compliance with
the Subarea Plan.
Finally, the Subarea Plan and MHCP Subregional Plan will preserve and/or connect alkali marsh
with large, interconnected blocks of habitat that will be protected in perpetuity, and this Preserve
will be adaptively managed through ASMDs (Section 1.2 of MHCP Volume 111, and Section
F.2.F and Table 9 of the Subarea Plan) developed for particular locations of the Preserve, as well
as requirements in the MHCP’s Biological Monitoring and Management Plan (SANDAG and
USFWS 2003).
Alkali marsh species will benefit from preservation of large interconnected blocks of habitat,
adaptive management of preserved habitat to adjust for changes in alkali marsh species and other
Covered Species, and mitigation to prevent any net loss of functions and values of impacted
alkali marsh habitat. In addition, the MHCP (Appendix E of Volume 11) and Subarea Plan
(Section D in Addendum 1) prohibit land uses within 200 feet of estuarine areas that would
contribute to degraded water quality, changes in surface water or groundwater hydrology, or
increased runoff, erosion, and sedimentation. The mitigation and conservation benefits that
individual alkali marsh species would derive from the Subarea Plan are more specifically
identified in Attachment lof this NCCP Permit.
CDFG finds that its approval of the Subarea Plan and its issuance of the NCCP Permit could
result in a significant impact on this alkali marsh species and its habitat from land use
development, other covered activities and from management of the MHCP Preserve, but
concludes that this impact will be avoided or mitigated to below a level of significance through
implementation of the Subarea Plan and the MHCP Subregional Plan, and compliance with the
conditions (including for pre-project surveys) of the NCCP Permit. Key to this finding by CDFG
are requirements that a Preserve be established and adaptively managed for the benefit of this
species; there be no net loss of wetland functions and values within the MHCP area and Subarea;
any alkali marsh habitats that are lost within the Subarea be replaced with in-kind resources; and
other impact avoidance, mitigation, and management measures in the Subarea Plan, MHCP
Subregional Plan and NCCP Permit be implemented. CDFG’s findings are based on the overall
conservation strategy, species-specific minimization and avoidance measures, monitoring and
management program, and species-specific conditions for coverage identified in the MHCP and
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Subarea Plan (Table 2, Table 9, and Appendix C of the Subarea Plan; Section 4 of Volume 11 of
the MHCP Subregional Plan; and other sources identified in this finding).
For San Diego marsh elder, take authorization is also contingent on the San Marcos Subarea Plan
being permitted. The major population and critical location of San Diego marsh elder along
Encinitas Creek in San Marcos must be conserved in accordance with wetland and critical
location policies and managed as part of the preserve system.
3.6 Mitipation Monitorinp and Reporting Propram
Every agency that makes CEQA findings must adopt a Mitigation Monitoring and Reporting
Program (MMRP) to ensure mitigation measures that have been required as conditions of
approval are carried out. (CEQA Guidelines, 3 15097, subd. (d).) The City has prepared the
Mitigation and Implementing Agreement Monitoring Program (MIAMP), dated November 2004,
to serve the needs of both the City and CDFG to ensure that the Subarea Plan, especially the
components of the plan designed to avoid and mitigate potentially significant impacts, are
properly implemented in compliance with their conditions of approval. After reviewing the
City’s MIAMP and determining that this document meets CDFG’s needs with respect to
implementation of the Subarea Plan, CDFG is adopting the MIAMP as its own MMRP.
3.7 Alternatives
Where a lead agency has determined that, even after the adoption of all feasible mitigation
measures, a project as proposed will still cause one or more significant environmental effects that
cannot be substantially lessened or avoided, the agency, prior to approving the project as
mitigated, must first determine whether, with respect to such impacts, there remain any project
alternatives that are both environmentally superior and feasible within the meaning of CEQA.
(See, e.g., Citizens for Quality Growth v. City of Mt. Shasta (1988) 198 Cal.App.3d 433,445.)
CDFG faces a similar obligation as a responsible agency under CEQA. (CEQA Guidelines, 6
15096, subd. (g); see also Pub. Resources Code, 0 21081; CEQA Guidelines, 6 15096, subd. (h).)
As noted above, however, when considering alternatives and mitigation measures, CDFG “has
the responsibility for mitigating or avoiding only the direct or indirect environmental effects of
those parts of the project which it decides to carry out, finance, or approve.” (Id., 6 15096, subd.
(g)(l).) Those effects, in the present case, are limited to the environmental effects authorized by
CDFG under NCCPA to the species included in this NCCP Permit for the Subarea Plan.’ In that
regard, and consistent with the CEQA Guidelines, issuance of the NCCP Permit is prohibited if
there is “any feasible alternative or feasible mitigation measures within [CDFG’s] powers that
’ Species not proposed for take coverage still benefit from the natural community
planning approach.
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would substantially lessen or avoid any significant effect” associated with that decision. (Id., $
15096, subd. (g)(2) (emphasis added).)
As demonstrated above in Section 3.5, no significant environmental effects that fall within the
responsibility and jurisdiction of CDFG remain unmitigated. That is to say, all potentially
significant impacts associated with CDFG’s approval of the Subarea Plan are mitigated to below
a level of significance under CEQA. As a result, no project alternatives are analyzed by CDFG.
(See, e.g., Laurel Hills Homeowners Assoc. v. City Council (1978) 83 Cal.App.3d 515, 520-521
(in adopting findings under CEQA, agencies need not consider the feasibility of project
alternatives if they adopt mitigation measures that “substantially lessen or avoid” a project’s
significant adverse impacts); Laurel Heights Improvement Assoc. v. Regents of the University of
California (1988) 47 Cal.3d 376,400-403.)
3.8 Statement of OverridinP Considerations
Because CDFG’s approval of the Subarea Plan will not result in any adverse environmental
impacts that remain significant and unavoidable, CDFG need not adopt a Statement of
Overriding Considerations under CEQA.
4.0 FINDINGS UNDER NCCPA
All NCCPs must contain certain substantive elements identified in current or former sections of
the NCCPA. In addition, NCCPs that are governed solely by the NCCPA as it read on December
31, 2001 (see 0 2830, subds. (a) and (b)) must comply with guidelines adopted by CDFG for
natural community conservation planning within the Coastal Sage Scrub Planning Area. As
described above in Section 1.3, the Subarea Plan was developed as an element of the MHCP, the
Subarea Plan must necessarily be analyzed with reference to and in the context of the previously
approved MHCP. Therefore, the term “Subarea Plan” as used in these findings refers not only to
the Subarea Plan itself but also to those portions of the MHCP Subregional Plan that relate to and
provide context to the Subarea Plan.
4.1 NCCPA
As described above in Section 1.1, the NCCPA was significantly revised in 2002 with enactment
of S.B. 107. S.B. 107 “grandfathered” a number of NCCPs that were under development prior to
enactment of the 2002 revisions, requiring that these plans be completed, approved, and
implemented pursuant to the NCCPA as it read in 2001 rather than pursuant to the revised
statutes ($2830). For an NCCP that falls under one of the grandfathering provisions in Section
2830, CDFG must evaluate the adequacy of NCCP by reference to earlier versions of the
NCCPA and to the guidelines issued under those earlier statutes.
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CDFG finds that the Subarea Plan meets all of the criteria in Section 2830,
subdivision (b)(3) for “grandfathering,” which means the Subarea Plan
must be approved and implemented pursuant to the NCCPA as it existed
on December 3 1,2001.
Explanation 4.1.1 Section 2830 provides that for NCCPs meeting specific criteria, taking of
identified species is not prohibited even though the NCCP does not meet all standards in the
NCCPA of 2002. More specifically, this section provides that specified NCCPs that were under
development prior to enactment of S.B. 107 may be evaluated and approved by CDFG and
implemented pursuant to some of the legal standards that were in place prior to the 2002
amendments to the NCCPA. The statute goes so far as to require that certain grandfathered plans
be approved and implemented solely by the NCCPA as it existed on December 31,2001 (3 2830,
subds. (a) and (b)).
In connection with the gnatcatcher listing and NCCP program, the City of Carlsbad entered into a
memorandum of agreement (MOA) with USFWS and CDFG in 1991 and signed a NCCP
enrollment agreement with the California Resources Agency in 1992. The Subarea Plan
specifically meets the Fish and Game Code Section 2830, subdivision (b)(3) because it was
prepared pursuant to the NCCP enrollment agreement. The MOA and NCCP enrollment
agreement expressed the City of Carlsbad’s intention to complete the HMP as part of its General
Plan and, in the interim, to work cooperatively with USFWS and CDFG to address the impacts of
individual projects on sensitive habitats such as coastal sage scrub. The 1992 agreement enrolls
the City of Carlsbad in the NCCP program as an “Ongoing Multi-Species Plan” as defined in the
NCCP process guidelines, (i.e., as a pre-existing conservation program whereby the objectives of
the NCCP program can be substantially achieved). The agreement was supplemented in 1993 to
clarifL that the HMP is a Subarea Plan within the MHCP. This Subarea Plan must therefore be
evaluated, authorized, and implemented pursuant to the NCCPA as it existed on December 3 1,
2001. Applicable standards include former sections of the NCCPA as they existed on that date
and relevant NCCP guidelines that were in effect on that date.
4.2 Pre-2002 Statutorv Standards
CDFG makes the following findings regarding the Subarea Plan’s compliance with statutory
provisions in the NCCPA as they existed on December 3 1,200 1 :
-1 CDFG finds that the Subarea Plan addresses wildlife conservation on a
regional or area-wide scale, as required by former Section 2805,
subdivision (a).
Explanation 4.2.1 : As described above, the MHCP is a comprehensive habitat conservation
planning program that addresses multiple species habitat needs and the preservation of native
vegetation communities for 175 square miles (1 1 1,908 acres) in northwestern San Diego County.
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The Subarea encompasses 24,570 acres within the MHCP area. The strategy is to establish a
preserve system of approximately 6,400 acres of the approximately 8,800 acres of remaining
habitat in the City. The strategy also includes participation in the conveyance of lands in the
MHCP core area. The preserve system is intended to provide adequate conservation and
management specifically for the species listed on the Subarea Plan species list, as well as for
targeted natural communities.
As described and analyzed in the MHCP Subregional Plan and the Subarea Plan, the
Implementing Agreement, the mitigated negative declaration for the draft Subarea Plan, the
negative declaration for the Second Addendum to the Subarea Plan and Local Coastal Plan
Amendment, the Final Environmental Impact Report/Final Environmental Impact Statement
(EIIUEIS) for the MHCP Subregional Plan, and the City’s Addendum to the Final EIR/EIS, the
MHCP Plan and the Subarea Plan address the protection and conservation of wildlife on a
regional scale.
I Finding 4.2.2 I CDFG finds that the Subarea Plan protects and perpetuates wildlife
diversity, as required by former Section 2805, subdivision (a).
Explanation 4.2.2: The MHCP Plan and Subarea Plan provide comprehensive management
and conservation of the subregion’s multiple wildlife species including but not limited to those
species listed pursuant to the CESA. Consistent with the subregional MHCP framework for
preserve management, the MHCP Plan and Subarea Plan identify eight (8) vegetation
communities targeted for preservation and management. Management of these Preserve areas, as
identified in the Subarea Plan and consistent with Table 3-5 of the MHCP Plan (Volume I), and
Sections 11 and 13 of the Implementing Agreement, provide species and site-specific land use
and management guidelines to ensure that the biological values are maintained in perpetuity.
Table 4.3-5 of the Final EIR/EIS provides the evaluation for species covered under the MHCP
Plan and indicates the number and percentage of major populations conserved. The permanent
protection and management of these habitats will contribute to the long-term viability of 43 plant
and wildlife species within the MHCP subregion.
The MHCP Plan and Subarea Plan provide for the assembly of a comprehensive Preserve area
consistent with the tenets of reserve design of the CSS NCCP Guidelines which promote
biodiversity, provide for no net loss of habitat value from the present, taking into account
management and enhancement. The City will revise, adopt, and implement zoning ordinances
and resource protection regulations consistent with the MHCP subregional plan, Subarea Plan,
and Implementing Agreement in order to achieve the conservation targets set forth in the Subarea
Plan. The City commits to permanently preserve, in accordance with Section 11.1 of the
Implementing Agreement, approximately 6,786 acres of habitat in the City and MHCP Core Area
parcels. As identified in Table 8 of the Subarea Plan, implementation of the Subarea Plan will
result in the preservation of 65 percent of the remaining habitat in the City, including 65 percent
of the remaining coastal sage scrub habitat. By adding other land to the City’s Preserve system
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(e.g., disturbed habitat to be restored) and creating a preserve system of 6,478 acres, the overall
conservation level is 74 percent. When adjusted for the existing Fieldstone HCP take permit, 71
percent of the remaining habitat and 69 percent of the coastal sage scrub habitat is preserved, and
the actual conservation level is increased to 78 percent. Table 8 of the Subarea Plan and Table
4.3-4 of the EIIUEIS specify the approximate amount and location of acreage that will be
permanently conserved for each listed vegetation community within the Subarea Plan and MHCP
Plan, respectively.
The City has committed to a comprehensive, funded, adaptive management program that
provides a framework plan to ensure the needs of species and associated habitats are met. A
short and long-term funding mechanism for local and regional costs for acquiring, managing, and
monitoring private lands within the FPA identifies a range of sources to satisfy the obligations
(Section E-6 of the Subarea Plan, Section 14.0 of the Implementing Agreement, Section 7 of the
MHCP Plan, and Section 2.1.2 of EIIUEIS.) These funding mechanisms are intended to ensure
that the City will meet the maintenance, management, and monitoring requirements of Section F
of the Subarea Plan, as well as Planned Responses to Changed Circumstances discussed in
Section G-2 of the Subarea Plan and Exhibit B in the Implementing Agreement. In addition,
although a regional funding source is not required in order to implement the Subarea Plan, the
City has agreed to support and participate with other local jurisdictions in efforts to secure a
regional funding source consistent with the MHCP Subregional Plan. If regional funds are
approved, an equitable portion of such funds will be made available to the City to off-set
anticipated implementation costs.
The City of Carlsbad will participate in an ongoing monitoringhesearch program which
addresses each of the 6 elements of the CSS NCCP Guidelines “research agenda.” (Conservation
Guidelines, Section 3(b) (see “CSS NCCP Guidelines,” below).) The Subarea Plan requires a
continuous habitat acreage accounting model to assure that adequate progress toward
implementation of the plan is being achieved (Implementing Agreement, Section 1 1.4). A
Biological Monitoring Plan to collect and analyze data on specific species and habitats has been
prepared for the Preserve and includes specific research tasks that have been developed in
accordance with the CSS NCCP Guidelines (MHCP Biological Monitoring and Management
Plan; Subarea Plan, Section F; and Implementing Agreement, Section 11.4). In addition,
preserve-level monitoring will be required through ASMDs (Section 1.2 of MHCP Volume 111,
and Section F.2.F and Table 9 of the Subarea Plan) in order to verify species persistence and to
provide information sufficient to guide adaptive management strategies.
As described in Section E.5.B of the Subarea Plan and Section 12.3 of the Implementing
Agreement, the City is preparing a Preserve Management and Monitoring Plan which will
address in detail the implementation of the Preserve management and monitoring
recommendations identified in Section F of the Subarea Plan. The Plan shall be completed
within one year of the Effective Date of this Agreement. The plan shall be submitted to the
USFWS and CDFG for review and concurrence that the plan conforms to the Subarea Plan’s
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conservation objectives. Promptly thereafter, Carlsbad shall implement the plan, or if the entire
plan does not receive concurrence, those portions of the plan concurred with by USFWS and
CDFG.
As further described and analyzed in the MHCP Plan, Subarea Plan, Final EIREIS, and
Implementing Agreement, the MHCP Plan and Subarea Plan provide strong and extensive
protections for the perpetuation of wildlife diversity.
-1 CDFG finds that the Subarea Plan allows compatible and appropriate
development and growth, as required by former Section 2805(a).
Explanation 4.2.3: Lands not protected pursuant to the MHCP Plan or Subarea Plan may be
developed according to local land use laws and regulations. In addition, the Implementing
Agreement provides assurances to local jurisdictions and landowners concerning State and
federal mitigation requirements covered by the MHCP Plan and Subarea Plan (Implementing
Agreement, Section 10). These assurances will make local permitting processes for development
projects and growth activities more certain and predictable. As further described and analyzed in
the MHCP Plan, Subarea Plan, Final EIREIS, and Implementing Agreement (Section lo), the
MHCP Plan and Subarea Plan allow for compatible development and growth in the City.
pinding 4.2.4 I CDFG finds that the Subarea Plan is consistent with the NCCP Planning
Agreement between CDFG, USFWS, the City of Carlsbad, and SANDAG,
as required by former Section 2820.
Explanation 4.2.4: Pursuant to former 9 2820, the MHCP and Subarea Plan have been carried
out in accordance with the memorandum of agreement (MOA) that the City of Carlsbad entered
into with USFWS and CDFG in 1991, and the NCCP enrollment agreement that the City of
Carlsbad entered into with the California Resources Agency in 1992. The MOA and NCCP
enrollment agreement expressed the City of Carlsbad’s intention to complete the Subarea Plan as
part of its General Plan and, in the interim, to work cooperatively with USFWS and CDFG to
address the impacts of individual projects on sensitive habitats such as coastal sage scrub. The
1992 agreement enrolls the City of Carlsbad in the NCCP program as an Ongoing Multi-Species
Plan as defined in Section 3.5 of the NCCP Process Guidelines (September 1, 1992), which
allows for appropriate, ongoing multi-species plans within the coastal sage scrub ecosystem to be
accepted into the NCCP process. The agreement was supplemented in 1993 to clarifL that the
HMP is a Subarea Plan within the MHCP.
CDFG believes that the parties to this NCCP planning agreement have complied with their
obligations under the agreement during development of the Subarea Plan, that the Subarea Plan
itself is consistent with the planning agreement’s framework for the Subarea Plan, and that
procedural requirements in the planning agreement for development of the Subarea Plan were
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followed. CDFG is unaware of substantial evidence in the record that the Subarea Plan is in any
way inconsistent with the substantive and procedural requirements of the planning agreement.
CDFG finds that the Subarea Plan provides for the conservation and
management of all species subject to the take authorization provided as
part of this NCCP Permit, as required by former Section 2835.
Explanation4.2.5: This NCCP Permit authorizes the take of 39 species: 20 upon the
effective date of the NCCP Permit, and 19 contingent upon additional conditions. Four
additional Covered Species are designated as Fully Protected for which take may not be
authorized. Many of the facts upon which CDFG relies for including each of these species in
this NCCP Permit are provided in Attachment 1, which is incorporated into this finding.
Exhibit A in the Implementing Agreement provides three categories for species coverage based
on the level of conservation provided by the Carlsbad Subarea. These categories include:
1. List 1, “Species Adequately Conserved under the Carlsbad Subarea Plan,” includes the 24
species for which there is known occurrence data within the Subarea, or for which the
Subarea contains suitable habitat or conditions for the species, that are adequately
conserved by the Subarea Plan and for which there is adequate funding for the
management of conserved areas, so the City’s take authorization is maintained regardless
of whether other MHCP jurisdictions implement their own Subarea Plans.
2. List 2, “Species Coverage Contingent on Other MHCP Subarea Plans Being Permitted,”
includes six species that either have some known occurrence data within the Subarea, or
for which the Subarea contains suitable habitat or conditions for the species, that would
not be expected to be adequately conserved by the Subarea Plan alone, but the City would
receive take authorization based in part upon conservation and management for those
species that are provided by other MHCP participants. For two of these species (San
Diego thorn-mint and wart-stemmed ceanothus), the City would receive take
authorization based in part upon management of conserved areas for those species that
will be implemented once there is adequate funding.
3. List 3, “Species Coverage Contingent on Funding for Management of Conserved Areas,”
includes 13 species that either have some known occurrence data within the Subarea, or
for which the Subarea contains suitable habitat or conditions for the species, that would
not be expected to be adequately conserved by the Subarea Plan alone, but the City would
receive take authorization based in part upon management of conserved areas for those
species that will be implemented once there is adequate funding. For San Diego marsh
elder, take authorization is also contingent on the San Marcos Subarea Plan being
permitted. The major population and critical location of San Diego marsh elder along
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Encinitas Creek in San Marcos must be conserved in accordance with wetland and critical
location policies and managed as part of the preserve system.
All species subject to the take authorization included as part of this NCCP Approval are
addressed in the MHCP Plan and Subarea Plan. For the reasons set forth in Attachment 1, and as
further described and analyzed in the MHCP Subregional Plan, Subarea Plan, Final EIR/EIS, and
the Implementing Agreement, the MHCP Plan and Subarea Plan conserve and manage all of the
Covered Species named in this NCCP permit.
4.3 Coastal Sage Scrub NCCP Guidelines
In 1992, CDFG, in consultation with the USFWS, developed the Southern California Coastal
Sage Scrub Natural Community Conservation Planning Process Guidelines, as amended
November, 1 993 (“Process Guidelines”). The Process Guidelines provided a framework for
natural community conservation planning within the Regional Coastal Sage Scrub Planning
Area. The Regional Coastal Sage Scrub Planning Area comprises roughly 6,000 square miles of
coastal sage scrub and overlays parts of five counties: San Diego, Orange, Riverside, Los
Angeles, and San Bernardino. Coastal sage scrub is an ecological community that supports a
diverse assemblage of native California plants and animals.
The Process Guidelines guide the preparation and implementation of NCCPs in the Regional
Coastal Sage Scrub Planning Area and provide for the interaction of all of the partners involved.
The Process Guidelines explain the roles of the local, state, and federal governments during the
planning process and the development of regional and subregional plans. The Process
Guidelines are intended to describe a process for regional and subregional natural community
planning that ensures adequate participation and collaboration by all stakeholders in the Regional
Coastal Sage Scrub Planning Area.
In 1992, CDFG also convened a Scientific Review Panel (“SRP”). The role of the SRP was to
collect readily available data and to integrate the information into a region-wide scientific
framework for conservation planning activities. The SRP’s specific goals were to analyze field
data and other research on the coastal sage scrub habitat in order to identify and develop the best
scientific information available, and to develop conservation guidelines to protect and manage
coastal sage scrub habitat. In March of 1993, the SRP recommended a conservation strategy that
served as a basis for the Southern California Coastal Sage Scrub Natural Community
Conservation Planning Conservation Guidelines (“Conservation Guidelines”), dated November
1993. The Conservation Guidelines were prepared pursuant to former Section 2825(a).
Together, the Process Guidelines and Conservation Guidelines comprise the “CSS NCCP
Guidelines.”
The CSS NCCP Guidelines are intended to provide guidance for natural community conservation
planning within the Regional Coastal Sage Scrub Planning Area and do not represent specific
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criteria for CDFG approval. However, this Subarea Plan adheres to provisions of the Process
Guidelines and the Conservation Guidelines insofar as they address certain key natural
community conservation planning elements, which appear in former Section 2825(a) as
suggested content for the CSS NCCP Guidelines. The following findings relate to the Subarea
Plan’s consistency with those key elements:
pZpXil CDFG finds that the Subarea Plan substantially adheres to the scope and
configuration of regional and subregional planning areas as described in
the CSS NCCP Guidelines (former $2825, subd. (a)( 1)).
Explanation 4.3.1: The CSS NCCP Guidelines outline the five-county regional planning area
of the Regional Coastal Sage Scrub Planning Area (see Attachment B of the Conservation
Guidelines). The subregional and subarea planning areas are defined in the MHCP Plan,
Volumes I and 11, and Final EIFUEIS. The subregional planning area that includes the City of
Carlsbad, is detailed in the MHCP Plan, Volume I, Section 11.
pZ&TEl CDFG finds that the Subarea Plan substantially adheres to the standards,
guidelines, and objectives for the Regional Coastal Sage Scrub Planning
Area prescribed in the CSS NCCP Guidelines (former $ 2825, subd.
(W)).
Explanation 4.3.2: The CSS NCCP Guidelines provide guidance for the evaluation,
management, and restoration of coastal sage scrub habitat (Conservation Guidelines, Sections 2-
6). The MHCP Plan prescribes methods, policies, guidelines, and goals for assembling the
MHCP Preserve (MHCP Plan, Volume 1, Section 4), implementing the MHCP Plan and Subarea
Plans (MHCP Plan, Volume 1, Section 5), and managing and monitoring the MHCP Preserve
(MHCP Plan Volume 1, Section 6). The Subarea Plan prescribes species and habitat-specific
goals and objectives for the management of each preserve area consistent with the guidelines
established in Volume 1, Section 6 of the MHCP Plan. Actions for the Subarea Plan include
management recommendations, invasive exotics control and removal, public access and trails,
land use adjacency guidelines, and preserve design and compatibility.
-1 CDFG finds that the preparation of the Subarea Plan substantially adhered
to the CSS NCCP Guidelines’ provisions regarding the appointment and
use of “advisory committees” (former $ 2825, subd. (a)(3)), coordination
with local, state and federal agencies (former $2825, subd. (a)(4)), and
public participation (former $2825, subd. (a)(5)).
Explanation 4.3.3: The CSS NCCP Guidelines provide for State and federal wildlife agency
coordination, and for participation by and coordination with public agencies and the members of
the public (Process Guidelines, Sections 3-5). The MHCP Advisory Committee provided the
forum for public discussion and consensus building on issues and proposed policies. The
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Advisory Committee included representatives from the seven cities participating in the MHCP,
the County and City of San Diego, federal and state wildlife agencies, public facility providers,
environmental groups and organizations, property owners, developers, and various citizen and
special interest groups. An ad hoc Committee of Elected Officials composed of one elected
official from each of the seven participating cities, provided policy perspective and advice on
evolving plan recommendations since July 1997. During 1997, the MHCP established a
Scientific Review Panel composed of experts on MHCP species, habitats, and associated
biological issues. The Scientific Review Panel was used on an individual, as-needed basis to
provide data and to review and comment on scientific content and interpretation for the MHCP.
In addition to the Scientific Review Panel, numerous other scientists and local biologists, with
local knowledge concerning biological resources in the MHCP area, have been consulted
throughout the process.
I Finding 4.3.4 I CDFG finds that the Subarea Plan substantially adheres to the CSS NCCP
Guidelines’ provisions for ensuring compatibility and compliance with
FESA (former 3 2825, subd. (a)(6)).
Explanation 4.3.4: The CSS NCCP Guidelines provide for coordination between CDFG and
the USFWS and address the requirements of FESA (Process Guidelines, Sections 1, 3,4, and 5).
Pursuant to the December 4, 1991 Memorandum of Understanding between CDFG and USFWS,
the two agencies agreed to ensure that plans prepared by local governments and landowners
pursuant to the NCCP Act will facilitate compliance with FESA. The MHCP Plan and Subarea
Plan comprehensively address habitat Conservation concerns pursuant to the standards
established by Section lO(a)(l)(B) of FESA and through the special 4(d) rule promulgated by the
USFWS, and are compatible and consistent with the incidental take requirements of FESA as
evidenced by USFWS’s approval of the Subarea Plan.
piiigxq CDFG finds that the approval process employed for the Subarea Plan
substantially adheres to the CSS NCCP Guidelines (former 0 2825, subd.
(aI(7)).
Explanation 4.3.5: The CSS NCCP Guidelines prescribe an approval process (Process
Guidelines, Section 5.4). As provided in those guidelines, CDFG is issuing this NCCP Permit
for species whose conservation and management are provided for in the MHCP Plan and Subarea
Plan concurrent with
I Finding 4.3.6 I
ExDlanation 4.3.6:
CDFG’s execution of the Implementing Agreement.
CDFG finds that the mechanism for implementing the Subarea Plan
substantially adheres to the CSS NCCP Guidelines (former 6 2825, subd.
(a)(8))-
As prescribed in the CSS NCCP Guidelines, the MHCP Plan and its
subarea plans will be implemented according to the terms of implementing agreements executed
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by all necessary participants. The Implementing Agreement obligates the City to implement the
MHCP Plan and Subarea Plan as necessary to assure the long-term viability of biological
resources while providing for compatible economic development activities.
Finding 4.3.7 I CDFG finds that the Subarea Plan substantially adheres to the CSS NCCP
Guidelines provisions concerning monitoring and reporting on NCCP
implementation (former 9 2825, subd. (a)(9)).
Explanation 4.3.7: The CSS NCCP Guidelines provide for monitoring and evaluating
implementation of the NCCPs (Process Guidelines, Section 6). In conformance with the MHCP
Plan (Volume I, Section 5) and Subarea Plan (Section E), the Implementing Agreement (Section
11) establishes an implementation plan to monitor species and their associated habitats. A
habitat conservation accounting model (Le., HabiTrak) will be used by the City, USFWS, and
CDFG to assess whether the City is meeting its obligation to ensure that habitat preservation is
proceeding in rough step with development in the Subarea. The City will also prepare and
submit an annual report containing an accounting, by project and cumulatively, of habitat acreage
lost and conserved within the Subarea during the previous calendar year. Along with CDFG and
USFWS, the City will also participate in an annual public workshop to disseminate and discuss
the annual report. In addition, the City shall meet with USFWS and CDFG once each year to
review and coordinate implementation of the Subarea Plan.
pi&&mq CDFG finds that the Implementing Agreement contains provisions
allowing for amendment of the Subarea Plan consistent with the initial
intent of plan (former 3 2825, subd. (a)(lO)).
Explanation 4.3.8: The CSS NCCP Guidelines do not specifically address the amendment of
NCCPs once they are finalized. Nonetheless, the Implementing Agreement (Section 20.0)
includes amendment provisions that allow defined minor amendments, and other amendments
with appropriate review and approval.
-1 CDFG finds that the City’s process to develop the Subarea Plan
substantially adhered to the CSS NCCP Guidelines provisions concerning
the loss of coastal sage scrub habitat prior to approval and implementation
of the Subarea Plan and MHCP Subregional Plan.
Explanation 4.3.9: In addition to the above required elements, the CSS NCCP Guidelines
included provisions addressing the destruction of coastal sage scrub habitat during the interim
planning period leading up to the final preparation and implementation of NCCPs (Process
Guidelines, Section 4; Conservation Guidelines, Section 4). Interim take permits and
conservation planning by the City during this interim period have complied with the “interim
strategy” requirements of the CSS NCCP Guidelines (Final EIREIS; City of Carlsbad Quarterly
Reports) and total coastal sage scrub acreage impacted has not exceeded the 5 percent allowance
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in the CSS NCCP Guidelines. Additionally, the City has, during the interim period, continued
implementation of existing state and federal environmental regulations which provide additional
protection and mitigation for sensitive biological environmental resources.
5.0 OTHER FINDINGS
5.1 FESA 6 4(d) SDecial Rule
USFWS’ FESA 3 4(d) Special Rule for the coastal California gnatcatcher provides, in part, that:
Incidental take of the coastal California gnatcatcher will not be considered
a violation of Section 9 of the Endangered Species Act of 1973, as
amended (Act), if it results from activities conducted pursuant to the State
of California’s Natural Community Conservation Planning Act of 1991
(NCCP), and in accordance with a NCCP plan for the protection of coastal
sage scrub habitat, prepared consistent with the State’s NCCP
Conservation and Process Guidelines, provided that:
(0
(ii)
The NCCP plan has been prepared, approved, and implemented
pursuant to California Fish and Game Code [former] Sections 2800 -
2840; and
USFWS has issued written concurrence that the NCCP plan meets the
standards set forth in 50 CFR 17.32(b)(2).
I Finding 5.1.1 1
Explanation 5.1.1 :
CDFG finds that the Subarea Plan complies with the standards in Part
17.41(b)(2) of USFWS regulations for California gnatcatcher (15 C.F.R)
because the Subarea Plan was prepared in a manner consistent with the
NCCP Conservation and Process Guidelines and in compliance with the
NCCPA of 1991.
This finding represents a summary of the findings in Sections 4.1,4.2 and
4.3 above, and the explanation for this finding appears in the explanations for each of those
findings. This finding establishes that, in CDFG’s judgment, the Subarea Plan qualifies for take
authorization under the special 4(d) rule for California gnatcatcher, provided USFWS issues a
written concurrence that the NCCP plan meets the applicable standards.
5.2 Fullv Protected Species
The following California Fully Protected Species are known to occur in the Subarea: white-
tailed kite (Elunus Zeucurus), golden eagle (Aquilu chrysuetos), American peregrine falcon,
California brown pelican, California least tern, and light-footed clapper rail. With the exception
of white-tailed kite, all of these are Covered Species under the MHCP Subregional Plan and,
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with the exception of golden eagle, are also proposed to be Covered Species under the Subarea
Plan. There is also very limited potential for the occurrence of bald eagle (HuEiueetus
Eeucocephulus) and ring-tailed cat (Bussuriscus ustutus), both Fully Protected Species, within the
Subarea. However, actions taken under the Subarea Plan are not expected to impact these
species, and no coverage for direct take of individuals of these species is requested under the
Subarea Plan. Take of Fully Protected mammal and bird species is prohibited under California
Fish and Game Code Sections 4700 and 35 1 1, respectively.
I Finding 5.2.1 I CDFG finds that the activities authorized in this approval will not result in
take of fully protected species found within the Subarea.
Explanation 5.2.1: The MHCP Subregional Plan (Section 4 of Volume 11) and Subarea Plan
provide for the conservation of 100 percent of the roosting and foraging habitat for the brown
pelican in the MHCP study area, and no new development of beaches and lagoons is authorized.
Similarly, 96 percent of the suitable habitat for and species observation points of the California
least tern and 100 percent of critical lagoon habitats and major populations will be conserved,
and management directives are required by the MHCP to ensure the protection of the species’
nesting sites. The MHCP Plan and Subarea Plan will adequately conserve light-footed clapper
rail by conserving all potential habitat, critical locations, and location points in the Subarea, and
by managing preserve areas consistent with species’ needs. The MHCP Plan and Subarea Plan
will adequately conserve the American peregrine falcon by conserving 100 percent of wetland
habitats used for foraging, including critical foraging areas associated with the coastal lagoons,
and 75 percent of the species observation points in the Subarea, and by managing preserve areas
consistent with the species’ needs. In addition, the MHCP prohibits take and harassment of
individual golden eagles or active nests.
CEQA requirements for quantifying and mitigating project impacts on biological resources
include the need for species surveys where potential habitat exists (Section 4.0 of MHCP
Volume 11). Prior to initiating CEQA review, pre-project site visits will be conducted by a
qualified biologist in Standards Areas (see Section E.3.B of the Subarea Plan) to ensure that
projects comply with the conservation requirements in the Subarea Plan (see Section D). All
projects within the Standards Areas will be required to submit a project description and maps that
identifl: 1) the project’s location in relationship to existing conserved habitat within the City; 2)
the habitat types and any known occurrence of species in the Subarea Plan and other species of
concern in and adjacent to the project area; 3) the expected location, type, and intensity of habitat
impacts in the project area; 4) any open space requirement identified for the area under the
General Plan; and 5) specific conservation measures to ensure compliance with zone-level and
species specific standards. Such baseline information is essential to appropriately evaluate
impacts to Fully Protected Species, and to meet the MHCP requirement that no Fully Protected
Species will be taken through this permit. Therefore, where baseline information does not exist,
or may be outdated, surveys will be performed, as appropriate, during the CEQA review process.
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This will ensure appropriate avoidance of Fully Protected Species, including white-tailed kite
and, if found in the Subarea, bald eagle and ring-tailed cat.
CDFG has determined that with these conservation measures and other protections for these
species, no take of these Fully Protected Species is expected to occur as a result of activities
covered by the Subarea Plan and this NCCP Permit.
6.0 AUTHORIZATION OF THE SUBAREA PLAN AND TAKE AUTHORIZATION
Based on the foregoing findings, CDFG concludes that the Subarea Plan meets all necessary
requirements for approval as an NCCP. Additional conditions of permit approval are detailed
below in Section 6.1. CDFG hereby approves the Subarea Plan pursuant to NCCPA and
authorizes the City and any person or entity that is under the direct control of the City to take the
species identified in Section 6.3 in carrying out the activities described below in Section 6.2,
subject to the limitations set forth in this NCCP Permit. This take authorization is specifically
conditioned on the City’s compliance with requirements of the MHCP Subregional Plan, the
Subarea Plan, and the Implementing Agreement.
6.1 Conditions of Permit Approval
The following actions are conditions of permit approval and must be implemented by Carlsbad
for this NCCP Permit to be effective. Carlsbad will use its land-use authority to hlly implement
the Subarea Plan as follows:
A. Immediately upon approval of the Subarea Plan and execution by
the Parties of the Implementing Agreement, Carlsbad will adopt an urgency ordinance pursuant
to Government Code 5 65858 to require compliance with the Subarea Plan while permanent
regulatory measures are drafted and approved. The urgency ordinance is attached to this
agreement as Exhibit “C”. No take shall be allowed under the Take Authorization / Permit until
the urgency ordinance is enacted.
B. Carlsbad will amend the Open Space and Conservation Element of
its General Plan to incorporate the Subarea Plan by reference within 12 months of the Effective
Date.
C. Carlsbad will amend its Open Space Ordinance (Carlsbad
Municipal Code $21.53.230) to add Conserved Habitat Areas as undevelopable open space lands
preserved exclusively and in perpetuity for conservation purposes consistent with the Subarea
Plan.
D. Carlsbad will amend its Municipal Code to add a new section to
require lands located within the Standards Areas to comply with the specific conservation
standards contained in Section D of the Subarea Plan within 12 months of the Effective Date.
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E. Carlsbad will amend its General Plan within 12 months of the
Effective Date to make the conservation of habitat as identified in the Subarea Plan a priority use
for the 15% of otherwise developable land which the Growth Management Plan already requires
be set aside for open space purposes.
F. Wetlands Protection Program. For Wetlands, impacts will be
avoided to the maximum extent practicable as set forth in Section D.6 of the Subarea Plan and in
Sections D.7-6 and D.7-7 (Addendum #2 for the Coastal Zone.) Impacts that cannot be avoided
shall be minimized and mitigated in accordance with the wetland mitigation ratios set forth on
Table 11 of the Subarea Plan. Mitigation consistent with the Subarea Plan will be identified
through environmental review documents prepared pursuant to CEQA and associated mitigation
monitoring and reporting programs, and required by Carlsbad as legally enforceable conditions of
approval.
The authorization granted by this permit is subject to compliance
with, and implementation of: the Multiple Habitat Conservation Program Plan, Volumes 1, 2,
and 3 (MHCP) (dated March 2003); Habitat Management Plan for Natural Communities in the
City of Carlsbad (Subarea Plan) (dated December 1999); the Subarea Plan Addendum 1 (dated
December 1999) and Addendum 2 (dated June 2003); and the executed Implementing Agreement
(IA), all of which are hereby incorporated into the permit.
G.
H. The Permittee shall ensure that the proposed hardline, provided in
Addendum 2 to the Subarea Plan (June 2003) in Figure 21, for the Fox-Miller property is not
permitted by the City of Carlsbad under the Subarea Plan, because it does not meet MHCP
standards. Before it can receive coverage for thread-leaved brodiaea (BrodiaeaJiZifoEia), the City
must demonstrate, to the satisfaction of the Wildlife Agencies, that this project meets the narrow
endemic standards for this critical location and major population of this species. FWS and
CDFG will consider proposals for this project to meet the conditions of coverage for thread-
leaved brodiaea. If these agencies concur with a project proposal, and the preserve area is
managed and monitored to MHCP standards in perpetuity, the Permittee would receive coverage
for thread-leaved brodiaea and the Fox-Miller project could be permitted under the Subarea Plan,
through the amendment process described in Section 20 of the IA.
I. All monitoring and reporting for this permit shall be in compliance
with the MHCP (Vol. I and 111) and IA (Section 12). Annual reports are due no later than
December 1 of each year, beginning in 2005 and ending in 2054. Copies of all reports shall be
submitted to the Regional Manager, California Department of Fish and Game, South Coast
Region, 4949 Viewridge Avenue, San Diego, California 92 123.
The MHCP Volume 11 has the following policies and conditions:
Standard Best Management Practices (Appendix B)
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General Outline for Revegetation Plans (Appendix C)
Narrow Endemic Species Policy and Critical Population Policy (Appendix D)
Conditions for Estuarine Species (Appendix E)
CEQA requirements for quantifling and mitigating project impacts on biological resources,
including the need for species surveys where potential habitat exists (Section 4.0). While this
requirement applies to all species, it is a condition of coverage (i.e., “As part of the project
review process [e.g., CEQA] for individual projects within the MHCP area, a qualified biologist
must survey for this species in all potential habitat areas.”) for San Diego thorn-mint, San Diego
ambrosia, Orcutt’s spineflower, Blochman’s dudleya, San Diego barrel cactus, Harbison’s dun
skipper, Cooper’s hawk, light-footed clapper rail, southwestern willow flycatcher, least Bell’s
vireo, Belding’s savannah sparrow, and Pacific pocket mouse.
Furthermore, specific protocol survey requirements are required for the following species:
Riverside fairy shrimp, San Diego fairy shrimp, light-footed clapper rail, southwestern willow
flycatcher, least Bell’s vireo, Belding’s savannah sparrow, and Pacific pocket mouse (Section 4
of MHCP Volume 11).
6.2 Covered Activities
This Permit authorizes take resulting from land use development and other activities that are
described in and consistent with the MHCP Subregional Plan, the Subarea Plan, and the
Implementing Agreement. These activities are generally described in the following paragraph:
This NCCP Permit authorizes the take by the City and by private persons and public entities that
are under the direct control of the City under terms of the Implementing Agreement for those
activities described in the Subarea Plan. In most cases, the persondentities will be landowners
and public and private entities undertaking land development activities; all such land
development activities must be consistent with the Subarea Plan and Implementing Agreement
for take to be authorized. Permits may be issued by the City, consistent with the Subarea Plan,
the Federal Section lO(a)(l)(B) Permit, and NCCP Permit for projects within the City’s
incorporated limits. Take of Carlsbad Covered Species associated with development of public
infrastructure is also authorized consistent with this Subarea Plan (Appendix B). In addition,
CDFG authorizes take of Covered Species that may result from monitoring, management, and
conservation activities undertaken in the Preserve pursuant to the Subarea Plan and the MHCP,
including implementation of adaptive management programs within the Preserve.
For the Proposed Hardline Projects discussed in Section D.3.B of the Subarea Plan and Section
11 .B of the Implementing Agreement, the take authorization provided by this NCCP Permit is
effective upon issuance of this permit and execution of the Implementing Agreement. The City
may extend take authorization for such projects through the land development approval process
and associated land development or clearing/grubbing permit issued to each Proposed Hardline
Project prior to the start of land development on the site. Any revisions to Hardline Projects need
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Wildlife Agency approval prior to the City extending take authorization. CDFG’s assurances for
Covered Activities are described in Section 10.3.A.2 of the Implementing Agreement. Take
authority for projects that are annexed into the City subsequent to the issuance of this NCCP
Permit may be provided pursuant to Section E.3 of the Subarea Plan and Section 20.0 of the
Implementing Agreement.
6.3 Carlsbad Covered Species
The Subarea Plan provides for the conservation and management of the 43 Covered Species
listed below. Attachment 1 shows the 43 Covered Species with five columns of information:
species name, expected conservation, potential impacts, monitoring andor management
plddirectives, and rationale for identifying the species as covered. These species will be
affected by public and private projects and activities covered by the Subarea Plan. While the
Subarea Plan provides benefits for these species, it may also subject them to adverse impacts
associated with public and private projects and activities covered by the Subarea Plan. The City
and private persons and public entities that are under the direct control of the City under this
NCCP Permit are authorized to take 39 species, subject to the limitations set forth in this NCCP
Permit. Section 6.3.1 includes 20 “Species Adequately Conserved under the Carlsbad
Subarea Plan” and for which take is authorized irrespective of any other subarea plan. Section
6.3.2 includes six species for which take authorization depends on other MHCP subarea plans
being permitted (see discussion in Section 3.5). Take authorization for two of these species also
is contingent on funding for management of conserved areas. Section 6.3.3 includes 13 species
for which take authorization depends on funding for the management of conserved areas (see
discussion in Section 3.5). Coverage for six of these species is also contingent on the City of
Carlsbad receiving legal control over the protection, management, and monitoring of the vernal
pools adjacent to the Poinsettia Train Station in Carlsbad Coverage for one of these species is
also contingent on other MHCP Subarea Plans being permitted (see discussion in Section 3.5).
While the four Fully Protected Species in Section 6.3.4 are considered Covered Species, no take
of individuals of these species is authorized at the time of NCCP Approval. Species evaluations
and estimated habitat loss, by vegetation community, are detailed in the MHCP Plan (Volume 11,
Section 4).
List of 43 Covered Species
Birds
Accipiter cooperii, Cooper’s hawk
Aimophila ruficeps canescens, California rufous-crowned sparrow
Charadrius alexandrinus nivosus, Western snowy plover
Empidonax traillii extimus, Southwestern willow flycatcher
Falco peregrinus anatum, American Peregrine falcon
Icteria virens, Yellow-breasted chat
Pandion haliaetus, Osprey
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Passerculus sandwichensis beldingi, Belding’s savannah sparrow
Passerculus sanwichensis rostratus, Large-billed savannah sparrow
Pelecanus occidentalis californicus, California brown pelican
Plegadis chihi, White-faced ibis
Polioptila californica californica, Coastal California gnatcatcher
Rallus longirostris levipes, Light-footed clapper rail
Sterna antillarum browni, California least tern
Sterna elegans, Elegant tern
Vireo bellii pusillus, Least Bell’s vireo
Invertebrates
Branchinecta sandiegonensis, San Diego Fairy Shrimp
Euphyes vestris harbisoni, Harbison’s dun skipper
Panoquina errans, Salt marsh skipper
Streptocephalus woottoni, Riverside fairy shrimp
Plants
Acanthomintha ilicifolia, San Diego thorn-mint
Ambrosia pumila, San Diego ambrosia
Arctostaphylos glandulosa ssp. crassifolia, Del Mar manzanita
Baccharis vanessae, Encinitas baccharis
Brodiaea fil ifolia, Thread-leaved brodiaea
Ceanothus verrucosus, Wart-stemmed ceanothus
Chorizanthe orcuttiana, Orcutt’ s spineflower
Comarostaphylis diversifolia ssp. diversifolia, Summer holly
Corethrogyne filaginifolia var. linifolia, Del Mar Mesa sand aster
Dudleya blochmaniae ssp. blochmaniae, Blochman’s dudleya
Dudleya viscida, Sticky dudleya
Eryngium aristulatum var. parishii, San Diego button-celery
Euphorbia misera, Cliff spurge
Ferocactus viridescens, San Diego barrel cactus
Hazardia orcuttii, Orcutt’s hazardia
Iva hayesiana, San Diego marsh elder
Myosurus minimus ssp. apus, Little mousetail
Navarretia fossalis, Spreading navarretia
Orcuttia californica, California Orcutt grass
Pinus torreyana ssp. torreyana, Torrey pine
Quercus dumosa, Nuttall’s scrub oak
Quercus engelmannii, Engelmann oak
Reptiles
Cnemidophorus hyperythrus beldingi, Orange-throated whiptail
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6.3.1 Species Adequately Conserved under the Carlsbad Subarea Plan
Pursuant to the conditions of the MHCP Plan, the Subarea Plan, and Implementing Agreement,
and subject to the limitations in this NCCP Permit including those in Section 6.1, CDFG
authorizes the City to take the following Species Adequately Conserved effective upon USFWS
and CDFG approval of the Implementing Agreement, issuance of take permits, and enactment by
the City of General Plan amendments and ordinances required by the Subarea Plan:
Plants
Chorizanthe orcuttiana, Orcutt’ s spineflower
Dudleya blochmaniae ssp. blochmaniae, Blochman’s dudleya
Euphorbia misera, Cliff spurge
Hazardia orcuttii, Orcutt’s hazardia
Quercus dumosa, Nuttall’s scrub oak
Invertebrates
Euphyes vestris harbisoni, Harbison’s dun skipper
Panoquina errans, Salt marsh skipper
Birds
Accipiter cooperii, Cooper’s hawk
Aimophila ruficeps canescens, California rufous-crowned sparrow
Charadrius alexandrinus nivosus, Western snowy plover
Empidonax traillii extimus, Southwestern willow flycatcher
Icteria virens, Yellow-breasted chat
Pandion haliaetus, Osprey
Passerculus sandwichensis beldingi, Belding’s savannah sparrow
Passerculus samvichensis rostratus, Large-billed savannah sparrow
Plegadis chihi, White-faced ibis
Polioptila californica californica, Coastal California gnatcatcher
Sterna elegans, Elegant tern
Vireo bellii pusillus, Least Bell’s vireo
Reptile
Cnemidophorus hyperythrus beldingi, Orange-throated whiptail
The take authorization for the species listed above does not depend on the approval of other
MHCP Subarea Plans.
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6.3.2 Species Coverage Contingent on Other MHCP Subarea Plans being Permitted
NCCP take authorization for the following species is only effective upon approval and permitting
of the named other MHCP Subarea Plan.
Plants
Acanthomintha ilicifolia, San Diego thorn-mint '
Ambrosiapumila, San Diego ambrosia
Ceanothus verrucosus, Wart-stemmed ceanothus'
Dudleya viscida, Sticky dudleya
Ferocactus viridescens, San Diego barrel cactus
Quercus engelmannii, Engelmann oak
MHCP Subarea Plan
San Marcos
Oceanside
San Marcos
Oceanside
Encinitas
Escondido
6.3.3 Species Coverage Contingent on Funding for Management of Conserved Areas
In order for take to become effective for species whose coverage is contingent on funding for the
management of conserved areas, the City will provide CDFG with a written description of how
they have met the intent of the conditional coverage. CDFG will review the justification for take
of these species, and will have 60 days to respond in writing whether or not the take will be
authorized.
Plants
Arctostaphylos glandulosa ssp. crassifolia, Del Mar manzanita
Baccharis vanessae, Encinitas baccharis
Brodiaea filifolia, Thread-leaved brodiaea
Comarostaphylis diversifolia ssp. diverifolia, Summer holly
Corethrogynefilaginifolia var. linifolia, Del Mar Mesa sand aster
Eryngium aristulatum var. parishii, San Diego button-celeq?
Iva hayesiana, San Diego marsh elde?
Myosurus minimus ssp. apus, Little mousetai12
' Coverage for this species is also contingent on funding for management of conserved
areas.
Coverage for this species is also contingent on the City of Carlsbad receiving legal
control over the protection, management, and monitoring of the vernal pools adjacent to the
Poinsettia Train Station in Carlsbad.
permitted.
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Coverage for this species is also contingent on other MHCP Subarea Plans being
62
Navarretia fossalis, Spreading navarretia2
Orcuttia californica, California orcutt grass2
Pinus torreyana ssp. torreyana, Torrey pine
Invertebrates
Branchinecta sandiegonensis, San Diego fairy shrimp2
Streptocephalus woottoni, Riverside fairy shrimp2
6.3.4 Fully Protected Species
As set forth in the NCCP findings, above, CDFG has determined that the Subarea Plan provides
for the conservation and management of four Fully Protected bird species:
Falco peregrinus anatum
Pelecanus occidentalis californicus
Rallus longirostris levipes
Sterna antillarum browni
American peregrine falcon
California brown pelican
Light-footed clapper rail
California least tern
Fish and Game Code Section 351 1 prohibits CDFG from authorizing take of these species at this
time. Consequently, take of these four species is not authorized at the time this NCCP Permit is
issued. CDFG has, however, determined that activities covered by the Subarea Plan can be
carried out without causing take of the Fully Protected birds (see Finding 5.2.1 above) and has
determined that the Subarea Plan and MHCP Subregional Plan provide for the conservation and
management of these four species. Therefore, consistent with the terms of the Implementing
Agreement, the City and private persons and public entities that are under the direct control of
the City will receive take authorization for these species in the event Section 35 11 is repealed or
amended in a manner that allows CDFG to authorize take of these birds under the Natural
Community Conservation Planning Act. Take of American peregrine falcon, California brown
pelican, California least tern, and light-footed clapper rail will be automatically authorized upon
a written legal determination by CDFG that changes in California law provide CDFG with the
authority to permit the take of these birds as part of an NCCP plan. CDFG will provide its legal
determination promptly after enactment of any relevant legislation; the determination will be
attached to the NCCP Permit.
7.0 LIMITATIONS
In issuing this NCCP Permit, CDFG makes no finding or representation as to whether the
activities covered by this Permit are in compliance with other applicable laws, regulations, and
ordinances. The City and any other entity or person carrying out activities covered by this NCCP
Permit are responsible for ensuring those activities comply with such laws, regulations, and
ordinances.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 283 5-2004-00 1-05
November 2004
63
8.0 AMENDMENTS
This NCCP Permit may be amended in a manner consistent with Section 20.0 of the
Implementing Agreement and other relevant provisions in the MHCP Subregional Plan, the
Subarea Plan, and the Implementing Agreement.
9.0 SUSPENSION, REVOCATION. AND TERMINATION
This NCCP Permit is subject to suspension, revocation, or termination by action of the Director
of CDFG as provided in Section 18.1 of the Implementing Agreement.
10.0 TERM OF THE NCCP PERMIT
This NCCP Permit shall take effect after it is signed by CDFG and after all General Plan
amendments and ordinances specified in the Subarea Plan have been enacted by the City. The
term of this Permit will end on the same date as the term of the Implementing Agreement ends,
unless the Permit is suspended, revoked, or terminated by earlier action of CDFG. The
Implementing Agreement has a term of fifty (50) years but may be terminated sooner by City
withdrawal from the Implementing Agreement or by other action of the parties. CDFG is issuing
duplicate originals of this NCCP Permit; CDFG will retain one of the originals and deliver the
other to the City.
Approved by:
Date:W / 5,
SABDRA MOREY, ActinvDeputy Director
California Department of Fish and Game
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001-05
November 2004
64
AMEC Earth & Environmental, Inc. and Conservation Biology Institute. 2003. Final Multiple
Habitat Conservation Program Plan, Volumes 1-111. March 2003.
Carlsbad, City of. 1999. Mitigated Negative Declaration for the Habitat Management Plan for
Natural Communities in the City of Carlsbad. September 1999.
Carlsbad, City of. 1999. Habitat Management Plan for Natural Communities in the City of
Carlsbad with Addendum. December 1999.
Carlsbad, City of. 2003. Negative Declaration for the Second Addendum to the Habitat
Management Plan for Natural Communities in the City of Carlsbad and Local Coastal
Plan Amendment. February 2003.
Carlsbad, City of. 2003. Addendum to the Final Environmental Impact RepodEnvironmental
Impact Statement for Threatened and Endangered Species Due to Urban Growth within
the Multiple Habitat Conservation Program Planning Area June 2003.
Carlsbad, City of. 2004. Mitigation and Implementing Agreement Monitoring Program.
November 2004.
Reiser, C. 2001. The Rare Plants of San Diego County. Aquafir Press.
San Diego Association of Governments and U.S. Fish and Wildlife Service. 2003. Final
Environmental Impact Report/Environmental Impact Statement for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area. March 2003.
U.S. Fish and Wildlife Service. 2004. Carlsbad Subarea Plan Biological and Conference
Opinions (FWS-SDG-847.4).
U.S. Fish and Wildlife Service, California Department of Fish and Game, and the City of
Carlsbad. 2004. Implementing Agreement by and among the City of Carlsbad, the
California Department of Fish and Game, and the U.S. Fish and Wildlife Service to
Establish the Habitat Management Plan for the Conservation of Threatened, Endangered
and Other Species in the City of Carlsbad, California. November 2004.
City of Carlsbad Subarea Plan
Multiple Habitat Conservation Program
NCCP Permit 2835-2004-001 -05
November 2004
65
ATTACHMENT 1: NCCP ANALYSIS FOR COVERAGE UNDER THE MHCP SUBREGIONAL PLAN AND CARLSBAD SUBAREA PLAN
SPECIES ADEQUATELY CONSERVED UNDER THE CARLSBAD SUBAREA PLAN
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
PLANTS
Orcutt’s Spineflower
Chorizanthe orcuttima
FE / CE
List lB, RED 3-3-3
MHCP Narrow Endemic
The MHCP may adequately conserve this
species by conserving 72% of potential habitat
and 100% of the one known critical location
and major population in
Encinitas. Any additional populations found in
the hture are expected to be protected in
accordance with the MHCP critical location
and narrow endemic policies. The Subarea Plar
will conserve approximately 300 acres of
southern maritime chaparral, and any
populations found in the City through
designation of the species as a Narrow
Endemic. An estimated 353 acres (88%) of
southern maritime chaparral will be conserved
as a result of existing preserve design and
application of the City’s measures contained in
Table 9. I
rhere are no known populations of this species
n Carlsbad, and impacts consequently are not
nticipated to occur. However, approximately
.8 acres (12%) of southern maritime chaparral,
vhich potentially is habitat of this species, may
be subject to impacts outside the preserve
reas. Potential impacts may include direct or
ndirect impacts associated with edge effects,
nd direct mortalities as a result of fiequent or
atastrophic fire events, or activities associated
vith fire suppression.
If any populations are found, the long-term
preserve management plan shall provide area
specific management directives, including
specific adaptive management measures to
protect constituent species of southern
maritime chaparral with a focus on minimizing
edge effects associated with urban
development (e.g., trampling, vehicular traffic!
dumping, invasive exotic species) and
protecting the species against fiequent or
catastrophic fires. Controlled burns
(or other fuel modification methods) will be
used at a frequency and level sufficient to
preclude catastrophic fire events and stimulate
regeneration of the population.
Experimental reintroduction into preserve area
will be considered as appropriate.
I
Blochman’s Dudleya
Dudb’a bhdmaniae SSP.
Blochmaniae
FSC I None
Rationale for Identifiinp SDecies as Covered: The MHCP may adequately conserve this species by conserving 72% of potential habitat and 100% of the one known critical
location and major population in Encinitas. Any additional populations found in the future are expected to be protected in accordance with the MHCP critical location and
narrow endemic policies. Because this is a cryptic species of extremely limited range, focused surveys shall be conducted for this species in all Standards Areas, and any areas
outside of the Focus Planning Areas that contain suitable habitat. The Subarea Plan meets take authorization standards for this species due to conservation of large percentages
of the preferred habitat of the species @e., 88% of southern maritime chaparral); the size, shape and habitat diversity of lands in the preserve; application of the City’s
measures contained in Table 9; and specific management measures intended to reduce threats to potentially occurring populations.
Blochman’s dudleya is not covered in the
MHCP but the Subarea Plan has adopted
measures to adequately conserve this species.
The Subarea Plan will conserve the small
The only documented occurrence of this species The long-term preserve management plan shal
in Carlsbad will be conserved entirely by the provide area specific management directives
Plan- An eStimated ~~~o acres (40%) of for the one known population of Blochman’s
preferred habitats for this species (3 acres [8%] dudleya and any newly discovered populations
IOMMON NAME EXPECTED CONSERVATION
iCIENTIFIC NAME
ITATUS (Federal / State)
,ist lB, RED 2-3-2 population identified on the Hieatt property
(considered critical because it represents the
southern-most known location for the species)
as stated in the conservation standards for Zone
5, and other populations found in the City
through designation of the species as a Narrow
Endemic. A substantial amount of coastal scrub
and grassland habitats will be conserved as a
result of existing preserve design and
application of the City’s measures contained in
Table 9.
lationale for Identifiing Species as Covered: Blochman’s dudleya is not covered in the MHCP but the Subarea Plan has adopted measures to adequately conserve this species.
because it is a cryptic species of very limited range, surveys shall be conducted for this species in all Proposed Hardline Areas and Standards Areas, and any areas outside of
he Focus Planning Areas, containing suitable habitat. The Subarea Plan meets the take authorization standards for this species due to conservation of the single-known
Jarlsbad population; application of the City’s measures contained in Table 9; and specific management measures intended to reduce identified threats to conserved
iopulations.
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
of maritime succulent scrub and 1,267 acres
[40%] of Diegan coastal sage scrub) may be
subject to impacts outside preserve areas.
Potential impacts to the conserved population
may include direct or indirect impacts
associated with edge effects, and direct
mortalities as a result of fires or activities
associated with fire suppression.
in Carlsbad, including specific adaptive
management measures to protect against edge
effects to the conserved population (e.g.,
trampling, vehicular traffic, dumping, invasive
exotic species); fencing may be required. To
the extent feasible, populations also will be
protected from fires and disturbances
associated with fire suppression. Finally,
populations that are declining in size may be
enhanced via introduction of appropriate plant
materials, as necessary.
~~ ~~
Xff Spurge
Suphorbia misera
{one I None
.ist 2 RED Code 2-2-1
Cliff spurge is only known to occur within the
Subarea within the Agua Hedionda Lagoon and
adjacent Kelly Ranch conservation area, both
100 percent Preserve areas. Impacts
consequently are not anticipated to occur.
However, approximately 2 acres of coastal bluff
scrub and maritime succulent scrub, which is
potential habitat of the species, may be subject
to impacts outside of preserve areas. Potential
impacts may include direct or indirect impacts
associated with edge effects, and direct
mortalities as a result of frequent or catastrophic
fire events, or activities associated with fire
suppression.
The MHCP will adequately conserve this
species by conserving 69% of potential habitat
ind 100% of the one known point location in
he study area. The Subarea Plan will conserve
:oastal sage scrub and coastal bluff scrub
iabitats, and the one reported population in an
:xisting hardline conservation area. An
:stimated 33 acres (94%) of coastal bluff scrub
md maritime succulent scrub will be conserved
IS result of existing preserve design and
ipplication of the City’s measures contained in
I’able 9.
The long-term preserve management plan shall
provide area specific management directives
for the one known population of cliff spurge
and any newly discovered populations in
Carlsbad, including specific adaptive
management measures to protect constituent
species to coastal bluff scrub and maritime
succulent scrub by minimizing edge effects
associated with urban development (e.g.,
trampling, vehicular traffic, dumping, invasive
exotic species), limiting chemical use within
vicinity, controlling nonnative competitive
species, and protecting the species against
frequent or catastrophic fires. Controlled burns
(or other fuel modification methods) will be
used at a frequency and level sufficient to
preclude catastrophic fire events and stimulate
regeneration of the population. This species
should be used in coastal bluff revegetation
where appropriate.
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
The only known population of Orcutt’s hazardia
within the Subarea will be preserved at the
Kelly Ranch conservation area and managed in
perpetuity. However, approximately 48 acres
(12%) of southern maritime chaparral, which
potentially is habitat of this species, may be
subject to impacts outside the preserve areas.
Potential impacts may include direct or indirect
impacts associated with edge effects, and direct
mortalities as a result of frequent or catastrophic
fire events, or activities associated with fire
suppression.
~~ I
Rationale for Identifbinn Species as Covered
The MHCP will adequately conserve this species by conserving 69% of potential habitat and 100% of the one known point location in the study area. The Subarea Plan meets
the take authorization for this species due to: conservation of 94% of the preferred habitat of the species; conservation of the single known site of the species in Carlsbad; the
size, shape and habitat diversity of lands in the preserve; application of the City’s measures contained in Table 9; and specific management measures intended to reduce threats
to potentially occurring populations.
The long-term preserve management plan shall
provide area specific management directives,
including specific adaptive management
measures to protect constituent species of
southern maritime chaparral will focus on
minimizing edge effects associated with urban
development (e.g., trampling, vehicular traffic,
dumping, invasive exotic species), and
protecting the species against frequent or
catastrophic fires. Controlled burns (or other
fuel modification methods) will be used at a
frequency and level sufficient to preclude
catastrophic fire events and stimulate
regeneration of the population.
Orcutt’s Hazardia
Hazardia orcuttii
FSC I CT
List lB, RED 3-3-2
MHCP Narrow Endemic
Nuttall’s Scrub Oak
Quercus dumosa
FSC None
B, RED 2-3-2
The MHCP will adequately conserve this
species by conserving 66% of potential habitat,
97% of point locations (5 of 6 locations are
within the FPA), and 97% of the critical
location and major population in Encinitas. The
MHCP Narrow Endemic Policy is expected to
protect any additional populations found in the
future. The Subarea Plan will conserve
approximately 300 acres of southern maritime
chaparral, and other populations found in the
City through designation of the species as a
Narrow Endemic. An estimated 353 acres
(88%) of southern maritime chaparral will be
conserved as a result of existing preserve
design and application of the City’s measures
contained in Table 9.
The MHCP will adequately conserve this
species by conserving 66% of potential habitat,
68% of point locations (42 of 61 locations are
within the FPA), and 86% of the critical
locations and major populations. The Subarea
Although no major populations of this species in
Carlsbad will be subject to impacts outside
preserve areas, some smaller populations
(approximately three of eight mapped localities)
will be impacted. In addition, approximately 48
I I I
Rationale for Identifiinn Species as Covered The MHCP will adequately conserve this species by conserving 66% of potential habitat, 97% of point locations (5 of 6 locations
are within the FPA), and 97% of the critical location and major population in Encinitas. The MHCP Narrow Endemic Policy is expected to protect any additional populations
found in the future. The Subarea Plan meets take authorization standards for this species due to conservation of large percentages of the preferred habitat of the species (i.e.,
88% of southern maritime chaparral); the size, shape, and habitat diversity of lands in the preserve; application of the City’s measures contained in Table 9; and specific
management measures intended to reduce threats to potential populations.
The long-term preserve management plan shall
provide area specific management directives
for the two known major populations and any
other conserved populations of Nuttall’s scrub
oak in Carlsbad, including specific measures to
List
COMMON NAME
SCIENTIFIC NAME
STATUS (Federal / State)
acres (12%) of southern maritime chaparral may address the autoecology and natural history of
be subject to impacts outside the preserve areas. the species and to reduce the risk of potential impacts to conserved populations
may include direct or indirect impacts
associated with edge effects, and direct
mortalities as a result of frequent or catastrophic methods), used at a frequency and level
fire events, or activities associated with fire
'suppression.
catastrophic fire. Adaptive management
measures to accomplish this may include
controlled burns (or other fuel modification
sufficient to preclude catastrophic fire events
and stimulate regeneration of the population.
Revegetation of any chaparral areas should
consider restoration of this species.
Management measures will focus on
minimizing edge effects associated with urban
development (e.g., trampling, vehicular traffic,
dumping, invasive exotic species) and
protecting the species against frequent or
catastrophic fires.
EXPECTED CONSERVATION
Plan will conserve approximately 300 acres of
jouthern maritime chaparral, 100% of the two
najor populations in proposed hardline
;onservation areas, and approximately 60% of
:he other small populations mapped within the
3ty. An estimated 353 acres (88%) of
iouthern maritime chaparral will be conserved
is a result of existing preserve design and
ipplication of the City's measures contained in
I'able 9.
Direct impacts to the Harbison's dun skipper are
expected to be negligible due to the unlikely
occurrence of the species within the planning
area, the adequately conserved potential habitat
within the Subarea Plan preserve system and the
City's no-net-loss of wetlands policy.
Indirect impacts to the Harbison's dun skipper
are expected to be negligible due to the unlikely
occurrence of the species within the planning
area.
POTENTIAL IMPACTS
The long-term preserve management plan shall
provide area specific management directives
for the host plant, San Diego sedge (Carex
spissa), including specific adaptive
management measures to protect riparian areas
against detrimental edge effects from adjacent
development, control non-native plants,
maintain hydrology and water quality, and
protect habitats from physical disturbances.
Management measures will focus on restricting
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Rationale for Zdentifiinn SDecies as Covered The MHCP will adequately conserve this species by conserving 66% of potential habitat, 68% of point locations (42 of 6 1
locations are within the FPA), and 86% of the critical locations and major populations. The Subarea Plan meets take authorization standards for this species due to
conservation of the all of the major populations within proposed hardline conservation areas; conservation of approximately 63% of other small populations documented
within the city; conservation of 88% of southern maritime chaparral, the preferred habitat of the species; the size, shape and habitat diversity of lands in the preserve that
support or are adjacent to the conserved, major populations; application of the City's measures contained in Table 9, which include avoidance of this species in biological core
and linkage areas; and specific management measures intended to reduce identified threats to conserved populations.
INVERTEBRATES
Harbison's Dun Skipper
Euphyes vestris harbisoni
FSC / None
MHCP Narrow Endemic
The MHCP will adequately conserve this
species by conserving all 3 known locations
(all considered critical locations), and about
95% of the potential habitat (oak woodlands
and riparian) within the study area, mostly
within relatively large and contiguous habitat
blocks (e.g., on Daley Ranch).. The Subarea
Plan will conserve approximately 25 acres of
oak woodland and approximately 490 acres of
riparian habitat within the City (total 87%
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
activities within the preserve that degrade or
fragment this species’ potential habitat,
including restricting human activities in
occupied habitat. Mitigation for any
unavoidable impacts should include
translocating any individuals by transplanting
whole San Diego sedge plants to appropriate
habitat. Translocation should be supervised by
a qualified biologist. San Diego sedge should
be considered for use in wetland restoration
projects where soil and water conditions are
appropriate to increase the population of
Harbison’s dun skipper.
Rationale for Identifiinrr - SDecies as Covered The MHCP will adequately conserve this species by conserving all 3 known locations (all considered critical locations), and
about 95% of the potential habitat (oak woodlands and riparian) within the study area, mostly within relatively large and contiguous habitat blocks (e.g., on Daley Ranch). The
Subarea Plan meets take authorization standards for this species due to the absence of the species within the City; the 87% conservation of riparian forest, riparian woodland
and oak woodland habitats, potential habitats of the species; additional protection afforded wetland habitat by federal and state regulations; and the City’s no-net-loss of
:OMMON NAME
iCIENTIFIC NAME
iTATUS (Federal / State)
wetlands policy.
EXPECTED CONSERVATION
conservation estimated), and assure no net loss
of riparian and oak woodland habitats within
the City per the City’s wetland policy.
Carlsbad contains approximately 603 acres of
oak or riparian habitats that potentially, but are
unlikely to support the Harbison’s dun skipper.
Of this total, the Subarea Plan will conserve
approximately 525 acres (87%) within preserve
areas. In addition, approximately 90%
conservation of potential Harbison’s dun
skipper habitat is expected outside of preserve
areas due to a low potential for impacts, the
City’s no-net-loss of wetlands policy, the
requirement for maximum avoidance of oak
woodland (Table 9), and the additional
protection afforded these habitats by state and
federal wetlands regulations.
Salt Marsh Skipper
Panoquina errans
FSC / None
Obligate Wetlands Species
The MHCP will adequately conserve this
species by conserving the one known location
in the study area (salt marsh in upper Aqua
Hedionda Lagoon) as well as all potential
habitat and critical locations (salt marsh in
coastal lagoons), and by managing preserve
areas consistent with species’ needs. The
Subarea Plan will conserve salt marsh habitat
at Buena Vista, Agua Hedionda, and Batiquitos
Lagoons consistent with the City’s wetlands
policy, and assure no net loss of salt marsh
habitat within the City. Buena Vista, Agua
Hedionda, and Batiquitos lagoons contain approximately 15 1 acres of southern coastal
No direct impacts to the salt marsh skipper are
expected because salt marsh habitats will be
100% conserved by the Subarea Plan preserve
system and the City’s no-net-loss of wetlands
policy. Indirect impacts to the salt marsh
skipper butterfly could result from the
degradation of salt marsh habitat. These impacts
could include an increase in adverse edge
effects or changes in salt marsh hydrology or
water quality. Potential indirect threats to the
salt marsh skipper will be minimized by
preserve-level and site-specific management
measures.
The long-term preserve management plan shall
wovide area specific management directives
or salt marsh habitats, including specific
ldaptive management measures to protect
igainst edge effects, control invasive non-
iative plants, maintain salt marsh hydrology
md water quality, and protect salt marsh
iabitat from physical disturbances. Where
Ipportunities arise, habitat in preserve areas
hould be restored and enhanced.. Habitat
ldjacent to the lagoons should be preserved to
he maximum extent possible.
ZOMMON NAME
iCIENTIFIC NAME
iTATUS (Federal / State)
salt marsh habitat within the City of Carlsbad.
Of this total, approximately 140 acres (93%)
are included within preserve areas. In addition,
100% conservation of salt marsh habitat is
expected outside of preserve areas due to a low
potential for impacts, the City’s no-net-loss of
wetlands policy, and the additional protection
afforded these habitats by state and federal
wetlands regulations.
EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
tationale for Identifiina Species as Covered The MHCP will adequately conserve this species by conserving the one known location in the study area (salt marsh in upper
4qua Hedionda Lagoon) as well as all potential habitat and critical locations (salt marsh in coastal lagoons), and by managing preserve areas consistent with species’ needs.
%e Subarea Plan meets take authorization standards for this species due to 100% conservation of salt marsh habitat and all known salt marsh skipper butterfly locations;
ldditional protection afforded wetland habitat by federal and state regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and
pecific management measures intended to reduce identified threats to conserved populations.
REPTILES
____ ~
)range-throated Whiptail
:nemidophorus hyperythrus
peldingi
None I SSC
The MHCP will adequately conserve this
species by conserving approximately 66% of
the total habitat for the species (including 71%
of that within the BCLA), maintaining broad
linkages to habitats outside the study area, and
managing preserve areas for the benefit of the
species. The species seems less affected by
fragmentation and edge effects than other
coastal sage scrub reptiles (such as the San
Diego horned lizard). The FPA will also
conserve about 60% of recorded locations (55
of 92 points). Conservation of the additional
400-500 acres of coastal sage scrub in the
unincorporated core area will also benefit this
species. The Subarea Plan will conserve
approximately 2,000 acres of coastal sage
scrub, 700 acres of chaparral and 350 acres of
southern maritime chaparral where this species
Direct impacts to the orange-throated whiptail
could result from the loss of coastal sage scrub
and chaparral habitats. In areas of the City not
subject to pre-existing take authorizations,
approximately 30% of the total orange-throated
whiptail habitat and 27% of the habitat within
biological core and linkage areas may be subject
to impacts outside of preserve areas. Indirect
impacts to the orange-throated whiptail could
result from the increased fragmentation of this
species’ habitat. Fragmentation of habitat can
result in a less diverse landscape that provides
fewer resources for the species, as well as
greater demographic stochasticity and an
increase in adverse edge effects, such as
predation by domestic cats. Indirect impacts
associated with habitat fragmentation will be
minimized by management measures.
The long-term preserve management plan shall
provide area specific management directives
for known or likely locations of orange-
throated whiptail, including specific adaptive
management measures to protect against
detrimental edge effects from adjacent
development, recreational impacts, and other
direct and indirect impacts, Management
measures will focus on restricting activities
within the preserve that degrade this species’
habitat. Management measures may include a
predator control program, as well as
restrictions on livestock overgrazing and off-
road vehicle use. A relocation program
(possibly in Core Area 3 or 7) may be
established to initiate new populations or
enhance and maintain existing populations of
this species. Management measures should
‘OMMON NAME
CIENTIFIC NAME
TATUS (Federal / State)
may occur, and maintain linkages between
populations in Core Area 7 and areas to the
southeast. Carlsbad supports approximately
5,546 acres of habitats that support or
potentially support orange-throated whiptail
lizards. Of this total, the Subarea Plan will
conserve approximately 3,525 acres (64%) in
preserve areas. Within biological core and
linkage areas, approximately 3,244 acres (65%:
of a total 4,974 acres will be conserved in
preserve areas.
EXPECTED CONSERVATION POTENTIAL IMPACTS
No direct impacts to the California brown The long-term preserve management plan shal
pelican are expected because estuarine and salt provide area specific management directives
,marsh habitats will be 100% conserved by the for the major resting areas at Agua Hedionda,
Subarea Plan preserve system and the City’s no- Buena Vista and Batiquitos Lagoons, includinl
net-loss of wetlands policy. However, lagoon specific adaptive management measures to
maintenance or enhancement projects or protect against detrimental edge effects from
essential public works projects may temporarily adjacent development, recreational impacts,
Itake California brown pelican habitat. These and other direct and indirect impacts.
impacts would be mitigated through creation of Management measures will focus on
expanded California brown pelican habitat. minimizing the contamination of pelican
Indirect impacts to the California brown pelican roosting and foraging areas with pesticides, oil
lcould result from changes in the hydrology or and other pollutants; reducing disturbances at
water quality of Carlsbad’s coastal lagoon important foraging and roosting areas; and
systems, loss of roosting sites, or increases in maintaining the hydrology and water quality o
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
facilitate movement between populations
within the City as well as to regional linkages.
ationale for Identifvinn - Suecies m Covered The MHCP will adequately conserve this species by conserving approximately 66% of the total habitat for the species (including
1% of that within the BCLA), maintaining broad linkages to habitats outside the study area, and managing preserve areas for the benefit of the species. The species seems les
ffected by fragmentation and edge effects than other coastal sage scrub reptiles (such as the San Diego homed lizard). The FPA will also conserve about 60% of recorded
)cations (55 of 92 points). Conservation of the additional 400-500 acres of coastal sage scrub in the unincorporated core area will also benefit this species. The Subarea Plan
ieets take authorization standards for this species due to adequate conservation of 64% of coastal sage scrub, chaparral, riparian and oak woodland habitats; the configuration
f these conserved habitats, including substantial conservation of core areas 3 and 7; preservation within a regional linkage connecting core area to core populations in areas
mtheast of the City; and specific management measures intended to reduce identified threats to conserved populations.
BIRDS
:alifornia Brown Pelican
’elecanus occidentalis
alifonicus
E / CE / FP
lbligate Wetlands Species
The MHCP will adequately conserve this
species by conserving all critical foraging areas
and protecting roosting areas from human
disturbance. Five of 5 recorded locations
( 100%) will be conserved, along with
essentially all foraging habitat (open waters in
lagoons). The Subarea Plan will conserve salt
marsh and estuarine habitats at Buena Vista,
Agua Hedionda, and Batiquitos Lagoons
consistent with the City’s wetlands policy, and
assure no net loss of salt marsh and estuarine
habitats within the City. Buena Vista, Agua
Hedionda, and Batiquitos lagoons contain
approximately 934 acres of estuarine and salt
:OMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
coastal lagoon systems (e.g.; 100 foot setback
from existing wetland habitats).
'CIENTIFIC NAME
'TATUS (Federal / State)
marsh habitats that support or potentially
support California brown pelicans. Of this
total, approximately 917 acres (98%) are
located in preserve areas. In addition, 100%
conservation of pelican habitat is expected
outside of preserve areas due to a low potential
for impacts, the City's no-net-loss of wetlands
policy, and the additional protection afforded
these habitats by state and federal wetlands
regulations.
lationale for Identifiinn SDecies as Covered The MHCP will adequately conserve this species by conserving all critical foraging areas and protecting roosting areas flom
uman disturbance. All five recorded locations (100%) will be conserved, along with essentially all foraging habitat (open waters in lagoons). The Subarea Plan meets take
uthorization standards for this species due to 100% conservation of estuarine and salt marsh habitats; additional protection afforded wetland habitat by federal and state
egulations; the City's no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce identified
Teats to conserved populations.
human disturbances. Indirect impacts to this
species will be minimized by management
measures.
~~ ~
Yhite-faced Ibis
'legadis chihi
'SC I ssc
)bIigate wethds Species
freihwater marsh habitat in the City,
approximately 189 acres (88%) will be located
within preserve areas. Of the estimated 184
acres of habitat located in biological core and
linkage areas, approximately 176 acres (96%)
will be located within preserve areas. In
addition, 100% conservation of freshwater
marsh habitat is expected outside of preserve
areas due to a low potential for impacts, the
The MHCP will adequately conserve this No direct impacts to the white-faced ibis are The long-term preserve management plan shall
species by conserving 100% of marsh habitats expected because freshwater marsh habitat will provide area specific management directives
and managing these habitats to benefit the be 100% conserved by the Subarea Plan for foraging areas at Agua Hedionda,
species. Fourteen of 18 location points (78%) preserve system and the City's no-net-loss of Batiquitos and Buena Vista Lagoons and
will be conserved.. Conserve approximately wetlands policy. Indirect impacts to the white- upstream freshwater marsh habitats, including
1,150 acres of marsh, water, and estuarine faced ibis could result from the degradation of specific adaptive management measures to
habitat within preserve areas and assure no net freshwater marsh habitat. These impacts could protect against detrimental edge effects;
loss of these habitats within the City. The include an increase in adverse edge effects or control invasive, nonnative plants; maintain
Subarea Plan will conserve populations at changes in marsh hydrology or water quality. salt marsh hydrology and water quality; and
Buena Vista and Batiquitos Lagoons, including Potential indirect threats to the white-faced ibis protect salt marsh habitat from physical
a critical breeding population at Buena Vista will be minimized by preserve-level and site-
Lagoon. Of the estimated 2 14 acres of specific management measures.
disturbances, including restrictions on human
activity at potential breeding colonies and
associated foraging habitat during the early
breeding period when courtship and nest
building occur (March to June). Management
measures may also include a predator control
program and a habitat enhancement program
designed to increase breeding and wintering
populations of this species.
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
City’s no-net- loss of wetlands policy, and the
additional protection afforded these habitats by
state and federal wetlands regulations.
Rationale for Identifiina SDecies as Covered The MHCP will adequately conserve this species by conserving 100% of marsh habitats and managing these habitats to benefit
the species. Fourteen of 18 location points (78%) will be conserved. The Subarea Plan meets take authorization standards for this species due to complete (100%) conservation
of major populations at Batiquitos Lagoon and a critical breeding population at Buena Vista Lagoon; 100% conservation of fkeshwater marsh habitat; additional protection
afforded wetland habitat by federal and state regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management
measures intended to reduce identified threats to conserved populations.
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Cooper’s Hawk Accipiter cooperii
None / SSC
The MHCP will adequately conserve this
species by substantially conserving breeding
habitats (including 100% of riparian forests
and woodlands, and over 75% of oak
woodlands) and by managing preserve areas
consistent with species’ needs. Although some
foraging habitat will be lost, sufficient foraging
habitats adjacent to breeding habitats will be
conserved to ensure species persistence in the
area. The Subarea Plan will conserve
approximately 525 acres of breeding and
primary foraging habitat and approximately
3,500 acres of secondary foraging habitat, and
assure no net loss of wetland habitats. Of an
estimated 603 acres of Cooper’s hawk breeding
and primary foraging habitats within the City,
approximately 525 acres (87%) will be located
within preserve areas. Of an estimated 155
acres of these habitats located within biological
core and linkage areas, approximately 143
acres (92%) will be conserved within preserve
areas. In addition, 100% conservation of
Cooper’s hawk breeding habitat is expected
outside of preserve areas due to a low potential
for impacts, the City’s no-net-loss of wetlands
policy, and the additional protection afforded
these habitats by state and federal wetlands
regulations. Of an estimated 6,154 acres of
No direct impacts to the Cooper’s hawk’s
primary breeding and foraging habitats are
expected because riparian forest, riparian
woodland, and oak woodland habitats will be
approximately 6,154 acres of these upland
habitats in the City, an estimated 2,640 acres
(43%) may be subject to impacts outside of
preserve areas. Of the approximately 5,201
acres of these habitats in biological core and
linkage areas, an estimated 2,159 acres (42%)
may be subject to impacts outside of preserve
areas. Much of this loss will occur in areas of
southeast Carlsbad already subject to take
authorization agreements. Indirect impacts to
the Cooper’s hawk could result from the
degradation of it’s breeding and foraging
habitats. These impacts could include an
increase in adverse edge effects; changes in the
hydrology or water quality of riparian systems;
and increases in human related disturbances.
Potential indirect threats to the Cooper’s hawk
will be minimized by preserve-level and site-
In Proposed Hardline Areas and Standards
Areas with oak woodlands or oak riparian
forest, surveys shall be conducted for nesting
Cooper’s hawks. If the species is present, no
area specific management directives for oak
woodlands and oak riparian forest, including
specific adaptive management measures to
protect against detrimental edge effects fiom
adjacent development, recreational impacts,
and other direct and indirect impacts.
Management measures will focus on
minimizing disturbances in this species’
breeding habitat and will include restrictions
on livestock overgrazing, removal of oak trees
and riparian vegetation, building of trails or
roads adjacent to or through breeding areas,
and introduction of pesticides or other
contaminants into the preserve. During the
breeding season, documented nesting sites will
be protected from human disturbance.
Management measures for this species may
also include the enhancement of oak and
riparian woodland habitats that support or
100% conserved by the Subarea Plan preserve
system and the City’s no-net loss of wetlands
policy. However, direct impacts to the Cooper’s
hawk could result fkom the loss of secondary
upland foraging habitats, including coastal sage
direit impacts to oak woodland or oak riparian
forest shall be allowed in the nesting season,
and a 300 ft. impact avoidance area around
active nest sites shall be maintained. The long-
term preserve management plan shall provide
~~ MONITORING AND/OR I JOMMON NAME I EXPECTED CONSERVATION I POTENTIAL IMPACTS
The MHCP will adequately conserve this
species by conserving 100% of known
locations, critical locations, and foraging
habitats in the study area. The Subarea Plan
will conserve habitat within Buena Vista, Agua
Hedionda, and Batiquitos Lagoons (areas are
considered critical locations for the species)
consistent with the City’s wetlands policy, and
assure no-net-loss of wetland habitats within
the City. In the City of Carlsbad,
approximately 850 acres of osprey habitat are
associated with the Buena Vista, Agua
Hedionda, and Batiquitos lagoon systems. The
Subarea Plan includes approximately 827 acres
(97%) of this habitat within preserve areas. Of
an estimated 837 acres of habitat located within
biological core and linkage areas,
approximately 826 acres (99%) are located
lCIENTIFIC NAME
#TATUS (Federal / State)
secondary foraging habitat for this species,
approximately 3,5 14 acres (57%) will be
conserved within preserve areas. In biological
core and linkage areas, approximately 3,042
acres (58%) of a total 5,201 acres will be
conserved within preserve areas.
No direct impacts to the osprey are expected The long-term preserve management plan shall
because estuarine and open fkeshwater habitats provide area specific management directives
will be 100% conserved by the Subarea Plan for foraging areas at Agua Hedionda,
preserve system and the City’s no-net-loss of Batiquitos and Buena Vista Lagoons and
wetlands policy. Indirect impacts to the osprey upstream freshwater marsh habitats, including
could result from the degradation of estuarine specific adaptive management measures to
and open freshwater habitats. These impacts protect against detrimental edge effects from
could include adverse changes in the hydrology adjacent development, recreational impacts,
or water quality of coastal lagoon systems. and other direct and indirect impacts.
Potential indirect threats to the osprey will be Management measures will focus on
minimized by preserve-level and site-specific maintaining lagoon system hydrology and
management measures. water quality, and restricting activities within
the preserve that could disturb osprey nesting
activities. Management techniques, such as the
provision of nesting platforms adjacent to
foraging areas, may also be used to enhance
osprey populations.
~~ specific management measur=
MANAGEMENT PLANS / DIRECTIVES
potentially support breeding Cooper’s hawks.
lationale for Zdentifiinn Species as Covered The MHCP will adequately conserve this species by substantially conserving breeding habitats (including 100% of riparian forest
nd woodlands, and over 75% of oak woodlands) and by managing preserve areas consistent with species’ needs. Although some foraging habitat will be lost, sufficient
xaging habitats adjacent to breeding habitats will be conserved to ensure species persistence in the area. The Subarea Plan meets take authorization standards for this species
ue to 100% conservation of riparian forest, riparian woodland, and oak woodland habitats; substantial conservation (57%) of additional foraging habitats (e.g., coastal sage
crub and chaparral); additional protection afforded wetland habitat by federal and state regulations; the City’s no-net-loss of wetlands policy and application of measures
ontained in Table 9; and specific management measures intended to reduce identified threats to conserved populations.
kprey
’andion haliaetus
lone 1 SSC
Ibligate Wetlands Species
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
wetlands regulations.
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
American Peregrine Falcon
FakO Pere@nm anatum
None / CE / FP
Rationale for Identifiina SDecies as Covered The MHCP will adequately conserve this species by conserving 100% of wetland habitats used for foraging, including critical
foraging areas associated with the coastal lagoons, and by managing preserve areas consistent with species’ needs. The species is not known to nest in the study area, but no
take of individuals or nests (including by harassment) would be allowed if any were established in the fume. The Subarea Plan meets take authorization standards for this
species due to adequate conservation of winter foraging habitat within Batiquitos and Agua Hedionda lagoons; additional protection afforded wetland habitat by federal and
state regulations; and the City’s no-net-loss of wetlands policy.
The MHCP will adequately conserve this
species by conserving 100% of wetland habitats used for foraging, including critical
foraging areas associated with the coastal
lagoons, and by managing preserve areas
consistent with species’ needs. The species is
not known to nest in the study area, but no take
of individuals or nests (including by
harassment) would be allowed if any were
established in the future.. The Subarea Plan
will conserve salt marsh habitat (Le., foraging)
at Buena Vista, Agua Hedionda and Batiquitos
Lagoons and in SRAs consistent with the
City’s wetlands policy, and assure no-net-loss
of salt marsh habitat within the City. Carlsbad
contains approximately two bodies of open
water, Batiquitos Lagoon and Agua Hedionda
Lagoon that potentially support the peregrine
falcon as an occasional winter visitor. Of this
potential foraging habitat, the Subarea Plan
will conserve approximately 100% of the open
water habitat.
Direct impacts to the species are unlikely to
occur due to the 100% preservation of the
lagoons, the City’s no-net-loss of wetlands
policy, and additional protection afforded
wetland habitat by federal and state regulations.
Indirect impacts to the peregrine falcon are
likely to be negligible and may occur due to
disturbances and degradation of habitat adjacent
to the lagoons.
Management will focus on restricting activities
within the preserve that degrade or disturb this
species’ foraging habitat, including managing
conserved areas to minimize edge effects,
control invasive non-native plants, maintain
salt marsh hydrology and water quality, protec
salt marsh habitat from physical disturbances,
and control predators. Where opportunities
arise, habitat in preserve areas should be
restored and enhanced. Habitat adjacent to the
lagoons will be preserved to the maximum
extent possible.
(COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
Light-footed Clapper Rail
Rallus Iongirostris levipes
FE I CE / FP
Obligate Wetlands Species
SCIENTIFIC NAME
STATUS (Federal / State)
The MHCP will adequately conserve this
species by conserving all potential habitat and
critical locations and 95% of location points,
and by managing preserve areas consistent
with species’ needs. The Subarea Plan will
conserve salt marsh habitat at Buena Vista,
Agua Hedionda, and Batiquitos Lagoons
consistent with the City’s wetlands policy,
conserve freshwater marsh used by the light-
footed clapper rail during the fall and winter,
and assure no net loss of salt marsh or
freshwater marsh habitats within the City.
MANAGEMENT PLANS / DIRECTIVES
I
Buena Vista, Agua Hedionda, and Batiquitos
support approximately 15 1 acres of southern
coastal salt marsh habitat. The Subarea Plan
includes approximately 140 acres (93%) of this
habitat within preserve areas. In addition,
100% conservation of salt marsh habitat
outside of preserve areas is expected due to a
low potential for impacts, the City’s no-net-
loss of wetlands policy, and the additional
protection afforded these habitats by state and
federal wetlands regulations.
No direct impacts to the light-footed clapper rail
are expected because salt marsh habitat will be
100% conserved by the Subarea Plan preserve
system and the City’s no-net-loss of wetlands
policy. Indirect impacts to the species could
result from the degradation of estuarine and salt
marsh habitats. These impacts could include
adverse changes in the hydrology or water
quality of coastal lagoon systems. Potential
indirect threats to the rail will be minimized by
preserve-level and site-specific management
‘measures.
I I
No direct impacts to the western snowy plover
are expected because salt marsh and estuarine
habitats will be 100% conserved by the Subarea
Plan preserve system and the City’s no-net-loss
of wetlands policy. Indirect impacts to the
western snowy plover could result from the
The long-term preserve management plan shall
provide area specific management directives
for known or potential nesting areas at Agua
Hedionda, Batiquitos, and Buena Vista
Lagoons and upstream freshwater marsh
habitats, including specific adaptive
management measures to protect against
detrimental edge effects from adjacent
development, recreational impacts, and other
direct and indirect impacts. Management
measures will focus on controlling nonnative
plants, maintaining the hydrology and water
quality of salt marsh habitat, and protecting
salt marsh habitat from physical disturbances.
Human activity will be restricted near nesting
habitat during the breeding season (April 1
through August 3 1). Management measures
may also include a predator control program
and the restoration and enhancement of salt
marsh habitat, including experimental
cordgrass reintroduction at Batiquitos Lagoon.
Where it is deemed appropriate, light-footed
clapper rails may be introduced into suitable,
unoccupied habitat, and nesting substrates
(nesting platforms) may be provided.
The major and critical population at Batiquitos
Lagoon shall be managed by the California
Department of Fish and Game to control
predators, control weed growth on nesting
areas, and protect against detrimental edge
effects from adjacent development,
Rationale for Identifiinn SDecies as Covered The MHCP will adequately conserve this species by conserving all potential habitat and critical locations and 95% of location
points, and by managing preserve areas consistent with species’ needs. The Subarea Plan meets take authorization standards for this species due to 100% conservation of salt
marsh habitat; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce identified
threats to conserved populations.
Western Snowy Plover
Charadrius alexandrinus
nivosus
FT I SSC
Obligate Wetlands Species
The MHCP will adequately conserve this
species by conserving all potential habitat and
critical locations, and by managing preserve
areas consistent with species’ needs. The
Subarea Plan will conserve salt marsh and
estuarine habitats at Buena Vista, Agua
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
Hedionda, and Batiquitos Lagoons consistent
with the City’s wetlands policy, assure no-net-
loss of salt marsh and estuarine habitats within
the City, conserve all major populations within
the City (i.e., at Agua Hedionda and Batiquitos
Lagoons) and assure no direct impacts to
nesting areas. Buena Vista, Agua Hedionda,
and Batiquitos lagoons contain approximately
934 acres of estuarine and salt marsh habitat
that support or potentially support western
snowy plover. Of this total, the Subarea Plan
includes approximately 917 acres (98%) in
preserve areas. In addition, 100% conservation
of salt marsh and estuarine habitat outside of
preserve areas is expected due to a low
potential for impacts, the City’s no-net-loss of
wetlands policy, and the additional protection
afforded these habitats by state and federal
wetlands regulations.
MONITORING AND/OR
degradation of estuarine and salt marsh habitats.
These impacts could include adverse changes in
hydrology or water quality, and increases in
adverse edge effects and human related
disturbances. Potential indirect threats to the
western snowy plover will be minimized by
preserve-level and site specific management
measures.
No direct impacts to the elegant tern are
expected because salt marsh and estuarine
habitats will be 100% conserved by the Subarea
Plan preserve system and the City’s no-net-loss
of wetlands policy. Indirect impacts to the
elegant tern could result fiom the degradation of
estuarine and salt marsh habitats. These impacts
could include adverse changes in the hydrology
or water quality of salt marsh and estuarine
habitats as well as increases in adverse edge
effects and human related disturbances.
Potential indirect threats to the this species will
be minimized by preserve-level and site-specific
MANAGEMENT PLANS / DIRECTIVES
recreational impacts, and other direct and
indirect impacts. During the breeding season
(April 1 through August 3 1, activities near
nesting habitat shall be restricted and incidenta
take of the species or occupied habitat shall be
prohibited, except as specifically authorized on
a case-by-case basis. The long-term
management plan shall address enhancement
of other potential western snowy plover
nesting areas, such as Buena Vista Lagoon,
including nesting sites and water quality, If
populations are present during the non-
breeding season, access control measures
should be implement, if warranted.
The long-term preserve management plan shall
provide area specific directives to protect
against detrimental edge effects fiom adjacent
development, recreational impacts, and other
direct and indirect impacts. Preserved areas
should be managed to minimize edge effects,
control non-native plants, maintain hydrology
and water quality, protect habitats fiom
physical disturbances, control predators, and
maintain vegetation to provide optimal
conditions for breeding. The long-term
management plan shall address enhancement of potential elegant tern nesting areas, such as
Rationale for Zdentifiina SDecies as Covered The MHCP will adequately conserve this species by conserving all potential habitat and critical locations, and by managing
preserve areas consistent with species’ needs. The Subarea Plan meets take authorization standards for this species due to complete (100%) conservation of major and critical
populations in existing hardline conservation areas; 100% conservation of salt marsh and estuarine habitats; the City’s no-net-loss of wetlands policy and application of
measures contained in Table 9; and specific management measures intended to reduce identified threats to conserved populations.
~~~
Elegant Tern
Sterna elegans
FSC I SSC
The MHCP will adequately conserve this
species by conserving over 96% of suitable
habitat and 86% (6 of 7) known locations in the
study area, including 100% of lagoon and
estuarine habitats, and by managing preserve
areas consistent with species’ needs. The
Subarea Plan will conserve salt marsh and
estuarine habitats at Buena Vista, Agua
Hedionda, and Batiquitos Lagoons consistent
with the City’s wetlands policy, and assure no-
net-loss of salt marsh and estuarine habitats
within the City. Buena Vista, Agua Hedionda,
land Batiquitos lagoons contain approximately
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
:OMMON NAME
ICIENTIFIC NAME
ITATUS (Federal / State)
Rationale for Identifiinn -- Suecies as Covered The MHCP will adequately conserve this species by conserving over 96% of suitable habitat and 86% (6 of 7) known locations in
the study area, including 100% of lagoon and estuarine habitats, and by managing preserve areas consistent with species’ needs. The Subarea Plan meets take authorization
standards for this species due to 100% conservation of salt marsh and estuarine habitats; the City’s no-net-loss of wetlands policy and application of measures contained in
Table 9; and specific management measures intended to reduce identified threats to conserved populations.
EXPECTED CONSERVATION
934 acres of estuarine and salt marsh habitat
that support or potentially support the elegant
tern. Of this total, the Subarea Plan includes
approximately 9 17 acres (98%) in preserve
areas. In addition, 100% conservation of salt
marsh and estuarine habitat outside of preserve
areas is expected due to a low potential for
impacts, the City’s no-net-loss of wetlands
policy, and the additional protection afforded
these habitats by state and federal wetlands
regulations.
nanagement measures. Buena Vista Lagoon, including nesting sites
and water quality. Incidental take of the species
during the breeding season is prohibited except
as specifically authorized on a case-by-case
basis by the Wildlife Agencies. Habitat
adjacent to the lagoons should be preserved to
the maximum extent possible. Restrictions will
be placed on human activities near roosting or
potential breeding areas during the breeding
season.
California Least Tern
Sterna antillarum browni
FE / CE / FP
The MHCP will adequately conserve this
species by conserving about 96% of suitable
habitat and 96% of observation points,
including 100% of critical lagoon habitats and
major populations, and by managing preserve
areas consistent with species’ needs. The
Subarea Plan will conserve salt marsh and
estuarine habitats at Buena Vista, Agua
Hedionda, and Batiquitos Lagoons (considered
critical locations) consistent with the City’s
wetlands policy, and assure no-net-loss of salt
marsh and estuarine habitats within the City.
Buena Vista, Agua Hedionda, and Batiquitos
lagoons contain approximately 934 acres of
estuarine and salt marsh habitat that support or potentially support the California least tern. Of
this total, approximately 917 acres (98%) are
located in preserve areas. In addition, 100%
conservation of salt marsh and estuarine habitat
outside of preserve areas is expected due to a
low potential for impacts, the City’s no-net-
No direct impacts to the California least tern are The major and critical population at Batiquitos
expected because salt marsh and estuarine Lagoon shall be managed by the California
habitats will be 100% conserved by the Subarea Department of Fish and Game to control
Plan preserve system and the City’s no-net-loss predators, control weed growth on nesting
of wetlands policy. However, lagoon areas, and protect against detrimental edge
maintenance or enhancement projects or effects from adjacent development,
essential public works projects may temporarily recreational impacts, and other direct and
take California least tern habitat. These impacts indirect impacts. The long-term management
would be mitigated through creation of plan shall address water quality and
expanded California least tern habitat. Indirect enhancement of habitat at Buena Vista andor
impacts to the California least tern could result Agua Hedionda Lagoons to induce the
from the degradation of estuarine and salt marsh initiation of new breeding colonies.
habitats. These impacts could include adverse Restrictions will be placed on human activities
changes in the hydrology or water quality of salt near roosting and breeding areas during the
marsh and estuarine habitat, as well as increases breeding season. Incidental take of the species
in adverse edge effects and human related or occupied habitat during the breeding season
disturbances. Potential indirect threats to this is prohibited except as specifically authorized
species will be minimized by preserve-level and on a case-by-case basis.
site-specific management measures.
I COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
SCIENTIFIC NAME
STATUS (Federal / State)
Southwestern Willow
Flycatcher
Empidonm traillii extimus
FE / CE
Obligate Wetlands Species
MANAGEMENT PLANS / DIRECTIVES
loss of wetlands policy, and the additional
protection afforded these habitats by state and
federal wetlands regulations.
The MHCP may adequately conserve this
species by conserving 100% of riparian habitat,
species locations, and critical locations in the
study area, and by managing the preserve
system consistent with species’ needs. Take of
habitat within the few remaining areas of
suitable riparian forest in the study area is
expected to be very limited. Some potential
habitat for this species is within the reach of
the San Luis Rey River being planned for flood
control by the Army Corps of Engineers, which
is not a signatory to the MHCP. The MCHP
cannot guarantee long-term conservation
within this reach, where flood control actions
may eliminate current or hture potential
habitat for the southwestern willow flycatcher.
The Subarea Plan will conserve approximately
495 acres of riparian habitats, assure no-net-
loss of riparian habitats within the City, and
conserve 95% of any new populations.
Approximately 574 acres of riparian habitats
support or potentially support the southwestern
willow flycatcher in Carlsbad. Of this total,
approximately 498 acres (87%) are located
within preserve areas. Of an estimated 619
acres of flycatcher habitat located in biological
core and linkage areas, approximately 546
acres (88%) are located in preserve areas. In
addition, 100% conservation of riparian
~~~
Rationale for 1dentifiiinaSuecies a5 Covered The MHCP will adequately conserve this species by conserving about 96% of suitable habitat and 96% of observation points,
including 100% of critical lagoon habitats and major populations, and by managing preserve areas consistent with species’ needs. The Subarea Plan meets take authorization
standards for this species due to conservation of major populations at Buena Vista, Agua Hedionda and Batiquitos Lagoons; 100% conservation of salt marsh and estuarine
habitats; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce identified threats tc
conserved populations.
No direct impacts to the southwestern willow
flycatcher are expected because riparian forest,
riparian woodland, and riparian scrub habitats
will be 100% conserved by the Subarea Plan
preserve system and the City’s no-net-loss of
wetlands policy. Indirect impacts to the
southwestern willow flycatcher could result
from the degradation of riparian habitats,
including increases in adverse edge effects and
changes in the hydrology or water quality.
Potential indirect threats to this species will be
minimized by preserve-level and site-specific
management measures.
The long-term preserve management plan shall
provide area specific management directives
for known or potential southwestern willow
flycatcher nesting areas, including specific
adaptive management measures to control
brown-headed cowbirds, provide appropriate
successional habitat, provide upland buffers fo
known populations, minimize night lighting,
minimize noise impacts, restrict livestock
overgrazing, and protect riparian areas against
detrimental edge effects from adjacent
development, recreational impacts, and other
direct and indirect impacts. Where appropriate. - ~~ riparian habitat suitable for southwestern
willow flycatchers and other sensitive species
should be restored or enhanced. Management
measures will focus on minimizing activities
within the preserve that degrade riparian forest
riparian woodland, and riparian scrub habitats,
maintaining the hydrology and water quality oj
riparian habitats, and restricting human
activities in flycatcher-occupied habitat during
the breeding season (May 1 to September 15).
Incidental take of the species or occupied
habitat during the breeding season is prohibitec
except as specifically authorized on a case-by-
case basis by the Wildlife Agencies.
-ON NAME I EXPECTED CONSERVATION I POTENTIAL IMPACTS I MONITORING AND/OR
SCIENTIFIC NAME
STATUS (Federal / State)
habitats outside of preserve areas is expected
due to a low potential for impacts, the City’s
no-net-loss of wetlands policy, and the
additional protection afforded these habitats by
state and federal wetlands regulations.
MANAGEMENT PLANS / DIRECTIVES
Rationale for Identifiinn Species as Covered The MHCP may adequately conserve this species by conserving 100% of riparian habitat, species locations, and critical location5
in the study area, and by managing the preserve system consistent with species’ needs. Take of habitat within the few remaining areas of suitable riparian forest in the study
area is expected to be very limited. Some potential habitat for this species is within the reach of the San Luis Rey River being planned for flood control by the Army Corps of
Engineers, which is not a signatory to the MHCP. The MCHP cannot guarantee long-term conservation within this reach, where flood control actions may eliminate current or
future potential habitat for the southwestern willow flycatcher. The Subarea Plan meets take authorization standards for this species due to 100% conservation of riparian
forest, riparian woodland, and riparian scrub habitats; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and species-specific
Least Bell’s Vireo
Vireo bellii pusillus
FE I CE
The MHCP is expected to adequately conserve
this species by conserving 100% of riparian
locations, and 93% of species locations within
the BCLA. However, the MHCP cities cannot
guarantee that these conservation levels will
actually be achieved in the long term, because
much of the highest quality habitat, including
much of the one large critical population area
for this species, are within a reach of the San
Luis Rey River that is being planned for flood
control by the Army Corps of Engineers, which
is not a signatory to the MHCP. Under current
plans, the flood control project would
adversely affect a large proportion of the
habitat, species population, and critical
location, although no ultimate design has yet
been decided upon. The Subarea Plan will
conserve approximately 495 acres (86%) of
riparian habitats, assure no net loss of riparian
scrub within the City, and conserve 95% of
known point locations for least Bell’s vireo
within preserve areas. Approximately 574
acres of riparian habitats support or potentially
~ ____
\To direct impacts to the least Bell’s vireo are
:xpected because riparian forest, riparian
woodland, and riparian scrub habitats will be
100% conserved by the Subarea Plan preserve
iystem and the City’s no-net-loss of wetlands
)olicy. Indirect impacts to the least Bell’s vireo
:ould result from the degradation of riparian
iabitats, including increases in adverse edge
:ffects (such as cowbird nest parasitism) and
:hanges in the hydrology or water quality.
’otential indirect threats to this species will be
ninimized by preserve-level and site-specific
nanagement measures.
The long-term preserve management plan shal
provide area specific management directives
for known or potential least Bell’s vireo
nesting areas, including specific adaptive
management measures to control brown-
headed cowbirds, restrict livestock
overgrazing, provide appropriate successional
habitat, restore or enhance riparian habitat
suitable, provide upland buffers for known
populations, restrict the alteration or clearing
of riparian vegetation, control exotic invasive
vegetation, maintain hydrology and water
quality in riparian habitat, minimize night
lighting, minimize noise impacts, and protect
riparian areas against detrimental edge effects
from adjacent development, recreational
impacts, and other direct and indirect impacts.
Restrict activities in vireo-occupied habitat
during the breeding season, including no
clearing of habitat (April 15 to September 15).
Incidental take of the species or occupied
habitat during the breeding season is prohibitec
except as specifically authorized on a case-by-
case basis.
ZOMMON NAME EXPECTED CONSERVATION
CIENTIFIC NAME
iTATUS (Federal / State)
support least Bell’s vireo in Carlsbad. Of this
total, approximately 498 acres (87%) are
located within preserve areas. Of an estimated
6 19 acres of vireo habitat located in biological
core and linkage areas, approximately 546
acres (88%) are expected to be conserved in
preserve areas. In addition, 100% conservation
of riparian habitats outside of preserve areas is
expected due to a low potential for impacts, the
City’s no-net-loss of wetlands policy, and the
additional protection afforded these habitats by
state and federal wetlands regulations.
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
POTENTIAL IMPACTS
Zationale for Identifiina Suecies as Covered The MHCP is expected to adequately conserve this species by conserving 100% of riparian habitat (under the MHCP no-net-loss
,olicy for wetland vegetation), 85% of known species locations, and 93% of species locations within the BCLA. However, the MHCP cities cannot guarantee that these
:onservation levels will actually be achieved in the long term, because much of the highest quality habitat, including much of the one large critical population area for this
pecies, are within a reach of the San Luis Rey River that is being planned for flood control by the Army Corps of Engineers, which is not a signatory to the MHCP. Under
:went plans, the flood control project would adversely affect a large proportion of the habitat, species population, and critical location, although no ultimate design has yet
mn decided upon. The Subarea Plan meets take authorization standards for this species due to 100% conservation of riparian forest, riparian woodland, and riparian scrub
tabitats; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce identified threats to
:onserved populations.
Direct impacts to the California gnatcatcher
could result fiom the loss of coastal sage scrub
habitat used for nesting and foraging by
California gnatcatchers. There are approximately 3,377 acres of coastal sage scrub
habitats (including maritime succulent scrub and
mixed coastal sage scrub/chaparral) within the
City of Carlsbad. Of this total, approximately
36% may be subject to impacts outside of
preserve areas. A larger proportion of the
acreage subject to impacts is on properties
subject to existing take authorizations in
southeast Carlsbad. Of the approximately 3,054
acres of coastal sage scrub habitats within
biological core and linkage areas, approximately
41% may be subject to impacts outside of
preserve areas.
Zoastal California
hatcatcher
’olioptila californica
:alifornica
:T I SSC
The long-term preserve management plan shall
provide area specific management directives
for all conserved California gnatcatcher
locations and any other potential habitat,
including specific measures to address control
of domestic pets, cowbirds, and predators,
prevent livestock overgrazing, restrict human
disturbance, reduce other edge effects to
minimize disturbance during the nesting
season, and reduce the potential for habitat
degradation due to unplanned fire. A fire
management program should be prepared for
preserve areas as part of the detailed
management plan. Adaptive management may
include measures to maintain or improve
overall habitat quality, including vegetation
structure. Where opportunities arise, coastal
The MHCP will adequately conserve this
species via the following minimum
estimates of conservation expected under the
plan (note that some additional but
unquantified conservation is also expected to
occur via the project design and approval
processes mandated by city subarea plans).
These projected minimum conservation
estimates are hereby also incorporated as
permit conditions for the coastal California
gnatcatcher:
1. Conserve at least 5,580 acres (61%) ofthe
extant coastal scrub (including coastal sage
scrub, maritime succulent scrub, coastal bluff
scrub, and mixed coastal sage scrub/chaparral
vegetation communities) within the MHCP
plan area.
ZOMMON NAME EXPECTED CONSERVATION
iCIENTIFIC NAME
iTATUS (Federal / State)
POTENTIAL IMPACTS MONITORING AND/OR
2. Conserve at least 55% (2,780 acres) of the
remaining high-value breeding habitat and 60%
(963 acres) of the remaining moderate-value
breeding habitat in the MHCP plan area, as
determined using the MHCP habitat suitability
model.
3. Conserve at least 68% (5,185 acres) of the
coastal scrub that lies within the BCLA, and
conserve at least 64% of the high-value
breeding habitat (2,55 1 acres)
and 78% of the moderate-value breeding
habitat (891 acres) that lies within the
BCLA.
4. Conserve at least 62% of known coastal
California gnatcatcher localities (333 of 539
points), including 69% of the locations within
the BCLA (295 of 43 1 points).
MANAGEMENT PLANS / DIRECTIVES
Approximately 50% of the coastal sage scrub sage scrub within preserve areas should be
subject to impacts in biological core and linkage enhanced and restored, with priority given to
areas is on properties subject to existing take creation of California gnatcatcher breeding
authorization agreements. Hence, impacts to opportunities within constrained linkages. No
California gnatcatchers are expected to occur clearing of occupied habitat may occur
largely on properties over which the city no between March 1 and August 15.
longe; has planning control, particularly in
biological core and linkage areas. Indirect
impacts to the California gnatcatcher could
result from the fragmentation of coastal sage
scrub and other habitats used for dispersal and
foraging. Fragmentation of California
gnatcatcher habitat could result in a less diverse
landscape that provides fewer breeding
opportunities and other important resources for
the species. Habitat fragmentation may result
in more adverse edge-related effects and greater
5. Restore Ad enhance-at least 338 acres of
coastal sage scrub in critical locations to
increase breeding habitat and improve
functionality of a “stepping-stone” linkage
through the MHCP plan area.
6. Conserve 400 to 500 acres of core coastal
California gnatcatcher breeding habitat in the
unincorporated area southeast of the MHCP
plan area, but contiguous with and contributing
to the stepping-stone corridor across the plan
area. The gross acreage conserved may be
larger than this to include 400 to 500 acres of
coastal California gnatcatcher breeding habitat.
The core area must be capable of supporting at
least 16 to 23 pairs of breeding coastal
California gnatcatchers during good years, as
determined by appropriate habitat evaluations
and verified by future monitoring.
The Subarea Plan will conserve approximately
2,000 acres of coastal sage scrub, conserve
mapped California gnatcatcher locations within
conserved habitat, and maintain regional
linkages. Carlsbad contains a total of 3,377
acres of coastal sage scrub habitats (including
demographic stochasticity for California -
gnatcatcher populations. Indirect impacts
associated with the fragmentation of coastal
sage scrub habitats will be minimized by
management measures.
ZOMMON NAME
iCIENTIFIC NAME
iTATUS (Federal / State)
maritime succulent scrub and mixed coastal
sage scrub/chaparral) that support or
potentially support California gnatcatchers, or
provide dispersal or foraging habitat. Of this
total, approximately 2,146 acres (64%) will be
conserved within preserve areas. Of the 3,054
acres of coastal sage scrub located within
biological core and linkage areas, 64% will be
conserved within preserve areas. Additional
conservation for this species will be achieved
by the enhancement and restoration of coastal
sage scrub habitats within preserve areas.
Priority will be placed on the creation of
breeding opportunities for this species within
constrained linkages.
EXPECTED CONSERVATION POTENTIAL IMPACTS
I I I
No direct impacts to the yellow-breasted chat
are expected because riparian forest, riparian
woodland, and riparian scrub habitats will be
100% conserved by the Subarea Plan preserve
system and the City’s no-net-loss of wetlands
policy. Indirect impacts to the yellow-breasted
chat could result from the degradation of
riparian habitats, including increases in adverse
edge effects and changes in hydrology or water
quality. Potential indirect threats to this species
will be minimized by preserve-level and site-
specific management measures.
MONITORING AND/OR
The long-term preserve management plan shall
provide area specific management directives
for known or potential yellow-breasted chat
nesting areas, including specific adaptive
management measures to control brown-
headed cowbirds, provide upland buffers for
known populations, and protect riparian areas
against detrimental edge effects fiom adjacent
development, recreational impacts, and other
direct and indirect impacts. Preserve areas will
be managed to minimize activities that would
degrade riparian habitats, restrict livestock
overgrazing and the alteration or clearing of
riparian vegetation, control exotic invasive
vegetation, and control predators.
Management measures will also maintain the
MANAGEMENT PLANS / DIRECTIVES
Rationale for Identifiinn SDecies as Covered The MHCP will adequately conserve this species via the minimum estimates of conservation expected under the plan (note that
some additional but unquantified conservation is also expected to occur via the project design and approval processes mandated by city subarea plans). Within Standards
Areas, 75% of coastal California gnatcatchers shall be conserved. The Subarea Plan meets take authorization standards for this species due to adequate conservation of coastal
sage scrub habitats, known species’ locations, and critical regional linkages; a configuration of conserved habitats that contributes to regional metapopulation stability; and
specific management measures intended to reduce identified threats to conserved populations.
Yellow-breasted Chat
Icteria virens
SSC I None
Obligate Wetlands Species
The MHCP is expected to adequately conserve
this species by conserving
100% of riparian habitat (under the MHCP no-
net-loss policy for wetland vegetation), 90% of
known species locations, and 9 1 % of species
locations within the BCLA. However, the
MHCP cities cannot guarantee that these
conservation levels will actually be achieved in
the long term, because much of the highest
quality habitat, including much of the critical
population area for this species, are within a
reach of the San Luis Rey River that is being
planned by the Army Corps of Engineers for
flood control. Under current plans, the flood
control project would adversely affect a large
proportion of the habitat, species population,
lOMMON NAME EXPECTED CONSERVATION
CIENTIFIC NAME
ITATUS (Federal / State)
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
and critical location. The Subarea Plan will
conserve riparian habitat within preserve areas,
hydrology and water quality of riparian
habitats and restrict human activities in yellow and assure no net loss of riparian habitats
within the City. Approximately 574 acres of
riparian habitats support or potentially support
the yellow-breasted chat in Carlsbad. Of this
total, approximately 498 acres (87%) is
included within preserve areas. Of an estimated
619 acres of yellow-breasted chat habitat
located in biological core and linkage areas,
approximately 546 acres (88%) are included in
preserve areas. In addition, 100% conservation
of riparian habitats outside of preserve areas is
expected due to a low potential for impacts, the
City’s no-net-loss of wetlands policy, and the
additional protection afforded these habitats by
state and federal wetlands regulations.
iouthern California
bfOU~-CrOwned Sparrow
limophila m!cePs Cm~Cens sc I ssc
breasted chat-occupied habitat during the
breeding season. Yellow-breasted chat habitat
may be restored or enhanced where appropriatl
and in consideration of the ecological
requirements of other sensitive riparian-
dependent species (e.g., least Bell’s vireo).
Incidental take of the species or occupied
habitat during the breeding season is prohibitec
except as specifically authorized on a case-by-
The MHCP will adequately conserve this
species by conserving at least 6 I% of potential
habitat (68% within the BCLA) and 67% of
known locations (78% within the BCLA), and
by managing preserve areas consistent with
species’ needs. Habitat restoration,
conservation of the 400-500-acre
unincorporated core area, and other
management actions designed for the coastal
California gnatcatcher should also benefit the
southern California rufous-crowned sparrow.
The Subarea Plan will conserve known
case basis.
Direct impacts to the southern California rufous-
crowned sparrow could result from the loss of
coastal sage scrub habitat that may be used for
nesting and foraging. There are approximately
3,377 acres of coastal sage scrub habitats within
the City of Carlsbad. Of this total,
approximately 36% may be subject to impacts
outside of preserve areas. Indirect impacts to the
southern California rufous-crowned sparrow
could result from the fragmentation of coastal
sage scrub habitats. Habitat fragmentation may
result in more adverse edge related effects and
lationale for Zdentifiinp SDecies as Covered The MHCP is expected to adequately conserve this species by conserving 100% of riparian habitat (under the MHCP no-net-loss
iolicy for wetland vegetation), 90% of known species locations, and 91% of species locations within the BCLA. However, the MHCP cities cannot guarantee that these
onservation levels will actually be achieved in the long term, because much of the highest quality habitat, including much of the critical population area for this species, are
vithin a reach of the San Luis Rey River that is being planned by the Army Corps of Engineers for flood control. Under current plans, the flood control project would
dversely affect a large proportion of the habitat, species population, and critical location. The Subarea Plan meets take authorization standards for this species due to 100%
onservation of riparian forest, riparian woodland, and riparian scrub habitats; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and
pecific management measures intended to reduce identified threats to conserved populations.
The long-term preserve management plan shall
provide area specific management directives
for known or likely locations of southern
California rufous-crowned sparrow, including
specific adaptive management measures to
protect against detrimental edge effects from
adjacent development, recreational impacts,
and other direct and indirect impacts. Preserve
areas will be managed control cowbirds and
predators, prevent livestock overgrazing, and
restrict human disturbance. A fire management
program for preserve areas will be prepared
IOMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
Belding’s Savannah
Sparrow
Passerculus sandwichensis
‘CIENTIFIC NAME
‘TATUS (Federal / State)
beldingi
FSC I CE
Obligate Wetlands Species
MANAGEMENT PLANS / DIRECTIVES
locations within proposed and existing
hardlined conservation areas, conserve
approximately 2,000 acres of coastal sage
scrub, and maintain regional linkages. The
records and habitat usage for southern
California rufous-crowned sparrows tend to
overlap well with coastal California
gnatcatchers and conservation of the coastal
California gnatcatcher likely would serve
southern California rufous-crowned sparrows
as well. Carlsbad contains approximately 3,377
acres of coastal sage scrub habitat that support
or potentially support southern California
rufous-crowned sparrows. Of this total, the
Subarea Plan will conserve approximately
2,146 acres (64%).
greater demographic stocasticity for the and implemented as part of the detailed
potential southern California rufous-crowned management plan. Where opportunities arise,
sparrow populations, which are likely to be coastal sage scrub within preserve areas should
present but have not been documented. Indirect be enhanced and restored, with priority given
impacts associated with the fragmentation of to creating of breeding opportunities within
coastal sage scrub habitat will be minimized by constrained linkages.
management measures.
The MHCP will adequately conserve this
species by conserving 100% of salt marsh
habitat, 74% of recorded location points, and
all critical locations, and by managing preserve
areas consistent with species’ needs. Surveys
indicate this species is increasing in most
estuaries and lagoons, particularly those
managed to restore or maintain full tidal action
(Batiquitos and San Elijo). The Subarea Plan
will conserve salt marsh habitat at Buena Vista,
Agua Hedionda, and Batiquitos Lagoons and in
SRAs consistent with the City’s wetlands
policy, assure no-net-loss of salt marsh habitat
within the City, and conserve all major
The long-term preserve management plan shall
provide area specific management directives
for the major nesting areas at Agua Hedionda
and Batiquitos Lagoons, including specific
adaptive management measures to maintain
salt marsh hydrology and water quality and
protect against detrimental edge effects fiom
adjacent development, recreational impacts,
and other direct and indirect impacts, Habitat
adjacent to the lagoons will be preserved to the
maximum extent possible. Management
measures will focus on controlling predators
and invasive, nonnative plants and protecting
salt marsh habitat fi-om physical disturbances.
No direct impacts to Belding’s savannah
sparrow are expected because salt marsh
habitats will be 100% conserved by the Subarea
Plan preserve system and the City’s no-net-loss
of wetlands policy. However, lagoon
maintenance or enhancement projects or
essential public works projects may temporarily
take Belding’s savannah sparrow habitat. These
impacts would be mitigated through creation of
expanded Belding’s savannah sparrow habitat.
Indirect impacts to Belding’s savannah sparrow
could result fiom the degradation of salt marsh
habitat. These impacts could include an increase
in adverse edge effects or changes in salt marsh
ZOMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
iTATUS (Federal / State)
POTENTIAL IMPACTS
populations of this species at Agua Hedionda
and Batiquitos Lagoons. Buena Vista, Agua
Hedionda, and Batiquitos lagoons contain
approximately 15 1 acres of southern coastal
salt marsh habitat within the City of Carlsbad.
Of this total, an estimated 140 acres (93%) is
located in preserve areas. In addition, 100%
conservation of salt marsh habitat outside of
preserve areas is expected due to a low
potential for impacts, the City’s no-net-loss of
wetlands policy, and the additional protection
afforded wetlands by state and federal
regulations.
I I I
hydrology or water quality. Potential indirect
threats to Belding’s savannah sparrow will be
minimized by preserve-level and site-specific
management measures.
~ MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
The MHCP will adequately conserve this
species by conserving 100% of salt marsh
habitat and critical locations, and by managing
preserve areas consistent with species’ needs.
There are no location points in the MHCP
database. The Subarea Plan will conserve
approximately 99% of salt marsh habitat at
Buena Vista, Agua Hedionda, and Batiquitos
Lagoons, and assure no net loss of salt marsh
habitat within the City. Buena Vista, Agua
Hedionda, and Batiquitos lagoons contain
approximately 15 1 acres of southern coastal
salt marsh habitat within the City of Carlsbad.
Of this total, an estimated 140 acres (93%) are
located within the preserve areas. In addition,
100% conservation of salt marsh habitat
outside of preserve areas is expected due to a
low potential for impacts, the City’s no-net-
YIanagement measures may also include
:nhancement or restoration of salt marsh
iabitat.
No direct impacts to large-billed savannah
sparrow are expected because salt marsh
habitats will be conserved by the Subarea Plan
preserve system and the City’s no-net-loss of
wetlands policy. In addition, specific adaptive
management measures will address water
quality and protect this species against
detrimental edge effects from developing
recreational impacts, and other direct and
indirect impacts. Indirect impacts to the large-
billed savannah sparrow could result fiom the
degradation of salt marsh habitat. These impacts
could include an increase in adverse edge
effects or changes in salt marsh hydrology or
water quality. Potential indirect threats to the
large-billed savannah sparrow will be inirnized
by preserve-level and site-specific management
measures.
Rationale for Identifiina SDecies as Covered The MHCP will adequately conserve this species by conserving 100% of salt marsh habitat, 74% of recorded location points, and
all critical locations, and by managing preserve areas consistent with species’ needs. Surveys indicate this species is increasing in most estuaries and lagoons, particularly thost
managed to restore or maintain full tidal action (Batiquitos and San Elijo). The Subarea Plan meets take authorization standards for this species due to conservation of all
major populations at Agua Hedionda and Batiquitos Lagoons; 100% conservation of salt marsh habitat; the City’s no-net-loss of wetlands policy and application of measures
contained in Table 9; and specific management measures intended to reduce identified threats to conserved populations.
Largebilled Savannah
Sparrow
Passerculus sandwichemis
rostratus
FSC I SSC
Obligate Wetlands Species
The long-term preserve management plan shall
provide area specific management directives
for the potential nesting areas at Agua
Hedionda and Batiquitos Lagoons, including
specific adaptive management measures to
address water quality and protect against
detrimental edge effects from adjacent
development, recreational impacts, and other
direct and indirect impacts, Habitat adjacent to
the lagoons will be preserved to the maximum
extent possible. Management measures will
focus on controlling predators and invasive,
nonnative plants and protecting salt marsh
habitat from physical disturbances.
Management measures may also include a
habitat enhancement or restoration program
designed to allow for the expansion of large-
billed savannah sparrow populations into new
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
loss of wetlands policy, and the additional
protection afforded wetlands by state and
federal regulations.
as Covered The MHCP will adequately conserve this species by conserving 100% of salt marsh habitat and critical locations, and by
with species’ needs. There are no location points in the MHCP database. The Subarea Plan meets take authorization standards for this
salt marsh habitat; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management
threats to conserved populations.
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
locations.
SPECIES COVERAGE CONTINGENT ON OTHER MHCP SUBAREA PLANS
BEING PERMITTED AND/OR FUNDING FOR MANAGEMENT OF CONSERVED AREAS
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
San Diego Thorn-mint
Acanthomintha ilicifolia
FT / SE
List 1 B, RED 2-3-2
MHCP Narrow Endemic
The MHCP will contribute to the conservation
of this species within the area by conserving
92% of point locations (14 of 22 locations are
within the FPA) and conserving the 91% of
the critical locations and major populations
within the study area. Excluding the San
Marcos Major Amendment Area, 52% of the
potentially suitable habitat for the species will
be conserved by the MHCP. A majority of
one major and critical population is in the San
Marcos Major Amendment Area, which is not
addressed in this plan. The Subarea Plan will
conserve the following: vernal pool habitat
and grassland habitat within preserve areas; 4
of 5 major populations and 9 of 13 mapped
localities within the City through existing or
proposed hardline conservation areas or
Although seven known sites will be conserved by Because this is a cryptic species of extremely
the plan, there are at least four known localities limited range, surveys shall be conducted for
where this species is outside the preserve. In this species in all Proposed Hardline Areas and
addition, one major population will not be Standards areas, and any areas outside of the
conservedwithin existing or proposed hardline Focus Planning Areas, containing suitable
conservation areas. An estimated 1,140 acres habitat. The long-term preserve management
(63%) of grassland habitat also may be subject to plan shall provide area specific management
impacts outside preserve areas; however, this directives for the 13 known populations of San
species is restricted to particular sites within Diego thorn-mint in Carlsbad, including
grasslands. Potential impacts to conserved specific adaptive management measures to
populations may include direct or indirect protect against detrimental edge effects from
impacts associated with edge effects, loss or adjacent development, recreational impacts,
alteration of watershed, and direct mortalities as and other direct and indirect impacts, control
a result of fire or activities associated with fire access, limit disturbance, limit chemical use
suppression. within immediate vicinity, control non-native
competitive species, and maintain hydrology
and water quality, and enhance small
:OMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
CIENTIFIC NAME
TATUS (Federal / State)
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
within a standards area; and other populations
found in the City through designation of the
species as a Narrow Endemic (conserved at
100% level within the preserve). A substantial
acreage of grassland (37%) habitat and vernal
pools will be conserved as a result of existing
and proposed preserve design and application
lof the City's measures contained in Table 9.
populations by introduction of appropriate
plant materials, as necessary. Additional
management measures that will protect
constituent species of vernal pool and
grassland habitats will focus on protecting the
species against frequent or catastrophic fires.
Controlled burns (or other fuel modification
methods) will be used at a frequency and level
sufficient to preclude catastrophic fire events
and stimulate regeneration of the population.
'If any populations are found through
subsequent surveys, the long-term preserve
management plan shall provide area specific
management directives, including specific
adaptive management measures to protect
constituent species to coastal sage scrub and
grassland by minimizing edge effects
associated with recreational impacts and urban
development (e.g., trampling, vehicular traffic, dumping, invasive exotic species), enhancing 1 small populations by introduction of
appropriate plant materials as necessary, and
protecting the species against frequent or
catastrophic fires. Controlled burns (or other
fuel modification methods) will be used at a
'hequency and level sufficient to preclude
catastrophic fire events and stimulate
regeneration of the population. Coastal sage
scrub revegetation projects should consider
including this species, where appropriate, in
order to expand its range.
lationale for Identifiinp Species as Covered The MHCP will contribute to the conservation of this species within the area by conserving 92% of point locations (14 of 22
)cations are within the FPA) and conserving the 9 1% of the critical locations and major populations within the study area. The Subarea Plan meets the take authorization for
lis species due to: conservation of 4 of 5 known major populations; conservation of one of two additionally mapped smaller populations (50%); conservation of 37% of
rassland habitat in preserved areas; and application of measures contained in Table 9.
The MHCP will adequately conserve this
species by conserving 88% of point locations
(all 4 locations are within the FPA) and 95%
of the critical location and major population in
Oceanside. About 5 1% of the potentially
suitable habitat for the species will be
conserved under the MHCP. An estimated
2,164 acres (64 %) of coastal sage scrub and
667 acres (37%) of grassland will be
conserved as a result of existing and proposed
preserve design and application of the City's
measures contained in Table 9: If San Diego
ambrosia is found in Carlsbad, it will be
conserved consistent with the standards for
lan Diego Ambrosia
lmbrosia pumila
'E I None
,ist lB, RED 3-3-2
4HCP Narrow Endemic
There are no known populations of this species in
Carlsbad, and impacts consequently are not
anticipated to occur. However, approximately
36% of the coastal sage scrub and 63% of
grassland, which is potential habitat of the
species, may be subject to impacts outside of
preserve areas. Potential impacts may include
direct or indirect impacts associated with edge
effects and competition from other plants, and
direct mortalities as a result of frequent or
catastrophic fire events, or activities associated
with fire suppression.
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Del Mar Manzanita
A rctostaphlos glandulosa
var. crassifolia
,FE I None
List lB, RED 3-3-1
MHCP Narrow Endemic
The long-term preserve management plan shall
provide area specific management directives
'for the two major populations of Del Mar
manzanita (and all conserved minor
,populations) in Carlsbad, including specific
measures to address the autoecology and
natural history of the species. Management
measures will focus on minimizing edge
effects associated with urban development
(e.g., trampling, vehicular traffic, dumping,
invasive exotic species) and protecting the
species against frequent or catastrophic fires.
Controlled burns (or other fuel reduction
methods) will be used at a frequency and leve
sufficient to preclude catastrophic fire events
and stimulate regeneration of the population.
The MHCP will adequately conserve this
species by conserving 72% of potential
habitat, 96% of point locations (120 of 145
locations are within the FPA), and 97% of
critical locations and major populations, The
Subarea Plan will conserve approximately 300
acres of southern maritime chaparral, mostly
in existing or proposed hardline conservation
areas, including a substantial proportion (80%
and 92% respectively vs. p 4-29 92% and
98%) of the two major populations in the
vicinity of Agua Hedionda Lagoon and Green
Valley/Olivenhain in core areas #6 and #8,
and other populations found in the City
through the designation of the species as a
Narrow Endemic. An estimated 353 acres
(88%) of southern maritime chaparral will be
conserved as a result of existing and proposed
preserve design and application of the City's
measures contained in Table 9.
Rationale for IdentifiinP Suecies as Covered The MHCP will adequately conserve this species by conserving 72% of potential habitat, 96% of point locations (120 of 145
locations are within the FPA), and 97% of critical locations and major populations. The MHCP Narrow Endemic Policy is expected to protect any additional populations founc
in the future. The Subarea Plan meets take authorization standards for this species due to substantial conservation of major populations and habitat; the size, shape, and habitat
diversity of lands in the preserve that support or are adjacent to conserved, major populations; application of the City's measures contained in Table 9, which include
avoidance of this species in biological core and linkage areas; and specific management measures intended to reduce identified threats to conserved populations.
An estimated 15% of the major populations of
this species in Carlsbad may be subject to
impacts outside preserve areas. In addition,
approximately 48 acres (12%) of southern
maritime chaparral, the preferred habitat of this
species, may be subject to impacts outside
preserve areas. Potential impacts to conserved
populations may include direct or indirect
impacts associated with edge effects, and direct
mortalities as a result of frequent or catastrophic
fire events, or activities associated with fire
suppression.
~~____ ~
Encinitas Baccharis r Baccharis vanessae The long-term preserve management plan shall
provide area specific management directives
The MHCP will adequately conserve this
species by conserving 7 1 % of potential
All known occurrences of this species in
Carlsbad will be conserved by the plan. An
JOMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
1 I I
CIENTIFIC NAME
;TATUS (Federal / State)
:TI CE
.ist lB, RED 2-3-2
AHCP Narrow Endemic
lationale fir Identifiinn SDecies as Covered The MHCP will adequately conserve this species by conserving 7 1 % of potential habitat, 99% of point locations (20 of 2 1
ocations are within the FPA), and 99% of critical locations and major populations. The MHCP Narrow Endemic Policy is expected to protect any additional populations fount
n the future. This species is on the Subarea Plan list of Narrow Endemics. This species meets the take authorization standards due to complete (1 00%) conservation of the
najor population and its habitat; the size, shape, and habitat diversity of lands in the preserve that support or are adjacent to the conserved, major population; application of thc
39’s measures contained in Table 9, which include avoidance of this species in biological core and linkage areas; and specific management measures intended to reduce
dentified threats to the conserved population.
MANAGEMENT PLANS / DIRECTIVES
habitat, 99% of point locations (20 of 2 1 estimated 3 17 acres of preferred habitats for this for the 1 known major population of encinitas
locations are within the FPA), and 99% of species (48 acres of southern maritime chaparral baccharis in Carlsbad, including specific
critical locations and major populations, The and 269 acres of other chaparral types) may be measures to address the autoecology and
Subarea Plan will conserve approximately 300 subject to impacts outside preserve areas. natural history of the species, enhance small
acres of southern maritime chaparral and 700 Potential impacts to conserved populations may populations by introduction of appropriate
acres of other chaparral types, the major include direct or indirect impacts associated with plant materials as necessary, and maintain an
population on the slopes above Green Valley edge effects, and direct mortalities as a result of appropriate ration between male and female
within an existing hardline conservation area, fiequent or catastrophic fire events, or activities plants. Management measures will focus on
and other populations found in the City associated with fire suppression. minimizing edge effects associated with urban
through designation of the species as a development (e.g., trampling, vehicular traffic,
Narrow Endemic. An estimated 1,054 acres dumping, invasive exotic species) and
of potential habitats for this species will be protecting the species against frequent or
conserved as a result of existing preserve catastrophic fires. Controlled bums (or other
design and application of the City’s measures fuel reduction methods) will be used at a
contained in Table 9. frequency and level sufficient to preclude
catastrophic fire events and stimulate
regeneration of the population.
~
b~d-leaved Brodiaea
3rodiaeajZfolia
:TI CE
.ist lB, RED 3-3-3
dHCP Narrow Endemic
~~~ ~
The MHCP may contribute to the All of the identified major populations in The long-term preserve management plan shall
conservation of this species within the area by Carlsbad will be conserved by the plan. An provide area specific management directives conserving 93% of point locations (55 of 70 estimated 1,140 acres (63%) of grassland habitat for the 5 known major populations (and all
locations are within the FPA) and conserving may be subject to impacts outside preserve areas; conserved minor populations) of thread-leaved
the 92% of the critical locations and major however, this species is restricted to mesic areas brodiaea in Carlsbad, including specific
populations within the study area. Although within grasslands (or vernal pools). Potential adaptive management measures to protect
the conservation level for known locations in impacts to conserved populations may include against detrimental edge effects fi-om adjacent
the study area is high, this assumes strict direct or indirect impacts associated with edge development, recreational impacts, and other
implementation of the narrow endemic policy, effects, loss or alteration of the watershed, and direct and indirect impacts. This may require
and only 27% of the potentially suitable direct mortalities as a result of fire or activities fencing. Management of edge effects will be
habitat in the study area will be conserved. associated with fire suppression. particularly important for the Calavera Heights
The Subarea Plan will conserve: vernal pool and the Carrillo Ranch populations. Preserve
habitat and grassland habitat within preserve areas will be managed to control access, limit
lOMMON NAME I EXPECTED CONSERVATION I POTENTIAL IMPACTS
iCIENTIFIC NAME
iTATUS (Federal / State)
MONITORING AND/OR
areas; the four major populations at Calavera
Heights, Carlsbad Highlands, Rancho
Carrillo, and Fox property, as well as smaller
populations at Newton Business Center, and
Fieldstone Northwest; and other populations
found in the City through designation of the
species as a Narrow Endemic. A substantial
acreage of grassland habitat (667 acres, 37%)
and vernal pools (1 00%) will be conserved as
a result of existing preserve design and
application of the City’s measures contained
in Table 9. Within grassland habitat, however,
this species is restricted to mesic locations.
MANAGEMENT PLANS / DIRECTIVES
disturbance, limit chemical use within vicinity,
and control nonnative competitive species. In
addition, the watershed surrounding conserved
populations will be conserved to maintain
appropriate hydrological conditions for the
species. To the extent feasible, populations wil
also be protected fiom fires and disturbances
associated with fire suppression. Finally, small
or declining populations will be enhanced by
transplantatiodintroduction of corms, as
necessary. Outside of preserve areas, focused
surveys will be conducted during the
appropriate season on habitats that may
support this species, (grasslands on clay soils).
Rationale for Identifiinn Species as Covered The MHCP may contribute to the conservation of this species within the area by conserving 93% of point locations (55 of 70
locations are within the FPA) and conserving the 92% of the critical locations and major populations within the study area. Although the conservation level for known
locations in the study area is high, this assumes strict implementation of the narrow endemic policy, and only 27% of the potentially suitable habitat in the study area will be
conserved. The Subarea Plan meets the take authorization standards for this species due to complete (100%) conservation of major populations; additional protection afforded
wetland habitat by federal and state regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measure:
intended to reduce identified threats to conserved populations.
Wart-stemmed Ceanothus
Ceanothus verrucosus
FSC / None
List lB, RED 2-2-1
The MHCP will adequately conserve this
species by conserving 71% of potential
habitat, 75% of point locations (130 of 173
locations are within the FPA), and 78% of the
major populations. Most conserved
populations are in relatively large and
connected habitat blocks that contribute to
species viability. The Subarea Plan will
conserve approximately 300 acres of southern
maritime chaparral and approximately 700
acres of other chaparral habitats within the
‘City, substantial percentages of the major
populations in the vicinity of Agua Hedionda
Lagoon (approximately 95%), Green Valley
(approximately 95%), and Palomar Airport
Road (approximately 78%) in Core area #6,
Linkage F and Core area #8. An estimated
An estimated 10% of individuals in the major
populations in Carlsbad may be subject to
impacts outside preserve areas. Additional
acreage of potential habitat for this species may
be subject to impacts outside preserve areas.
Potential impacts to conserved populations may
include direct or indirect impacts associated with
edge effects, and direct mortalities or population
declines as a result of frequent fire events.
Management measures will focus on
,minimizing edge effects associated with urban
~developrnent (e.& trampling, vehicular traffic,
dumping, and invasive exotic species). The
long-term preserve management plan shall
provide area specific management directives
for the 3 known major populations of wart-
stemmed ceanothus in Carlsbad, including
specific measures to address the autoecology
and natural history of the species and to reduce
the risk of catastrophic fire. Adaptive
management measures to accomplish this may
include controlled burns (or other fuel
reduction methods), which will be used at a
fiequency and level sufficient to stimulate
regeneration of the population. Revegetation of
any chaparral areas should consider use of this
1OMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
lationale for IdentifiinnSpecies as Covered The MHCP will adequately conserve this species by conserving 71% of potential habitat, 75% of point locations (130 of 173
xations are within the FPA), and 78% of the major populations. Most conserved populations are in relatively large and connected habitat blocks that contribute to species
iability. The Subarea Plan meets the take authorization standards for this species because of substantial conservation of major populations (90%) and habitat (77%); the size,
hape, and habitat diversity of lands in the preserve that support or are adjacent to conserved, major populations; application of the City’s measures contained in Table 9; and
pecific management measures intended to reduce identified threats to conserved populations.
‘CIENTIFIC NAME
#TATUS (Federal / State)
sp. diversifolia
‘SC I None
,ist 1B RED Code 2-2-2
MANAGEMENT PLANS / DIRECTIVES
1,054 acres (77%) of the potential habitat for
this species will be conserved as a result of
existing preserve design and application of the
City’s measures contained in Table 9.
species.
lummer Holly
:omarstaphylis diversifolia
chapkal habitats-within the City. The
Subarea Plan will conserve at least 75% of the
major population in the vicinity of Agua
Hedionda Lagoon within Core area #6 and
Linkage F. An estimated 70 1 acres (72%) of
potential habitat for this species will be
conserved as a result of existing preserve
design and application of the City’s measures
contained in Table 9.
The MHCP will adequately conserve this
species by conserving 70% of potential
habitat, 60% of point locations (125 of 210
locations are within the FPA), and 65% of
major populations. Some of the conserved
populations are in relatively intact and
connected habitat blocks.. Conserve
approximately 300 acres of southern maritime with edge effects, and direct mortalities as a
and amroximately 700 acres of other
An estimated 24% of the major population in Management measures will focus on
Carlsbad may be subject to impacts outside minimizing edge effects associated with urban
preserve areas. In addition, approximately 269 development (e.g., trampling, vehicular traffic,
acres (28%) of preferred habitat for this species dumping, invasive exotic species). The long-
may be subject to impacts outside preserve areas. term preserve management plan shall provide
Potential impacts to the conserved population area specific management directives for the
may include direct or indirect impacts associated one known major population and any other
conserved populations of summer holly in
result of frequent fires. Carlsbad, including specific measures to
address the autoecology and natural history of
the species and to reduce the risk of
catastrophic fire. Controlled burns (or other
fuel reduction methods) will be used at a
frequency and level sufficient to stimulate
regeneration of the population. Revegetation of
any chaparral areas should consider restoration
of this species.
tationale for Identifiinp Species as Covered
:he MHCP will adequately conserve this species by conserving 70% of potential habitat, 60% of point locations (125 of 210 locations are within the FPA), and 65% of major
Iopulations. Some of the conserved populations are in relatively intact and connected habitat blocks. Conserve approximately 300 acres of southern maritime and
pproximately 700 acres of other chaparral habitats within the City. The Subarea Plan meets the take authorization standards for this species due to substantial conservation of
he major population (76%) and habitat (72%); the size, shape, and habitat diversity of lands in the preserve that support or are adjacent to conserved, major populations;
pplication of the City’s measures contained in Table 9; and specific management measures intended to reduce identified threats to conserved populations.
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
t
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Del Mar Mesa Sand Aster
Corethrogvne filagin folia
var. lin folia
FSC / None
List lB, RED 3-3-3
The MHCP may contribute to the
conservation of this species within the area by
conserving 49% of potential habitat and 60%
of point locations (3 of 5 locations are within
the FPA). The major and critical population in
Oceanside and the critical population in
Carlsbad are in 50% and 75% FPAs,
respectively. The Subarea Plan will conserve
approximately 300 acres of southern maritime
chaparral, including the two major
populations in the vicinity of Agua Hedionda
Lagoon and Green Valley/Olivenhain, and
other populations found in the City through
designation of the species as a Narrow
Endemic. An estimated 353 acres (88%) of
southern maritime chaparral will be conserved
as a result of existing preserve design and
application of the City’s measures contained
in Table 9.
Narrow
Although no major populations of this species in Management measures will focus on
Carlsbad will be subject to impacts outside minimizing edge effects associated with urban
preserve areas, some smaller populations will development (e.g., trampling, vehicular traffic,
(approximately five of eight mapped dumping, invasive exotic species).
occurrences). In addition, approximately 48 acres Management will include enhancing small
(1 2%) of southern maritime chaparral, may populations or restoring extirpated populations
be subject to impacts outside the preserve areas. by introduction of appropriate plant materials
Potential impacts to conserved populations may as necessary, and using this species in
include direct or indirect impacts associated with revegetation programs where appropriate. The
edge effects, and direct mortalities as a result of long-term preserve management plan shall
frequent or catastrophic fire events, or activities provide area specific management directives
associated with fire suppression. for the one known major population and any
other conserved populations of Del Mar Mesa
sand aster in Carlsbad, including specific
measures to address the autoecology and
natural history of the species and to reduce the
risk of catastrophic fire. Controlled bums (or
other fuel modification methods) will be used
at a frequency and level sufficient to preclude
catastrophic fire events and stimulate
regeneration of the population.
Endemic
Sticky Dudleya
Dudleya viscida
FSC / None
List lB, RED 3-3-3
The MHCP Will Contribute to the COnm~ation The entire major population of this species in The long-term preserve management plan shall ofthis species within the area bY conserving Carlsbad is included in the existing preserve provide area specific management directives 66% of potential habitat, 74% of point design, and no individuals in this population are for the one known major and critical locations (19 of25 locations are Within the considered subject to take. Potential impacts to population of sticky dudleya and any newly
FPA), and 74% of critical location and major the conserved population may include direct or discovered populations in Carlsbad, including Population in Ckeanside. The plan indirect impacts associated with edge effects, and specific adaptive management measures to
Rationale for Identiftinn SDecies as Covered The MHCP may contribute to the conservation of this species within the area by conserving 49% of potential habitat and 60% of
point locations (3 of 5 locations are within the FPA). The major and critical population in Oceanside and the critical population in Carlsbad are in 50% and 75% FPAs,
respectively. The Subarea Plan meets take authorization standards for this species because the one major known population will be conserved in Green Valley within a
hardline conservation area and habitat of this species is adequately conserved (Le., 88% of southern maritime chaparral); the size, shape, and habitat diversity of lands in the
preserve that support or are adjacent to conserved populations; application of the City’s measures contained in Table 9, which include avoidance of this species in biological
core and linkage areas; and specific management measures intended to reduce identified threats to conserved populations.
I I
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
will conserve the major population along San direct mortalities as a result of frequent or
Marcos Creek within an existing hardline catastrophic fire events.
conservation area.
Rationale for Identifiinp Species as Covered The MHCP will contribute to the conservation of this species within the area by conserving 66% of potential habitat, 74% of
point locations (19 of 25 locations are within the FPA), and 74% of critical location and major population in Oceanside. The Subarea Plan meets the take authorization
standards for this species due to complete conservation of the one major population in the City; the size, shape, and habitat diversity of lands in the preserve that support and
are adjacent to the conserved, major population; application of the City’s measures contained in Table 9; and specific management measures intended to reduce identified
threats to the conserved population.
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
protect against detrimental edge effects to the
conserved population (e.g., trampling,
vehicular traffic, dumping); this may require
fencing. Population(s) also will be protected
from tires.
San Diego Button-Celery
Gyngium aristulatum var.
7arishii
?E / CE
At lB, RED 2-3-2
MHCP Narrow Endemic
3bligate Wetlands Species
The MHCP will contribute to the conservation
of this species within the area by conserving
96% of point locations (14 of 17 locations are
within the FPA) and 93% of the critical
locations and major populations in the study
area. The Carlsbad major population and
critical location at Poinsettia Lane will be
conserved at 100%. The portion of the San
Marcos major population and critical location
within the study area will be conserved at
85%, but over 75% of this population occurs
in the San Marcos Major Amendment Area
and is not addressed in this plan. The Subarea
Plan will conserve vernal pool habitat per the
City’s wetland Policy, the major population in
the vernal pools near Poinsettia Lane, and
other populations found in the City through
designation of the species as a Narrow
Endemic. All of the identified vernal pools in
Carlsbad will be conserved as a result of
existing preserve design and application of the
City’s measures contained in Table 9. The
vernal pool habitat where this population is
known to occur is protected in a conservation
easement that resulted from the 404 and 208 1
The one major population in Carlsbad will be The long-term preserve management plan shall
conserved entirely by the plan. Potential impacts provide area specific management directives
to the conserved population may include direct or for the one known major population of San
indirect impacts associated with edge effects and Diego button-celery in Carlsbad, including
loss or alteration of the watershed. specific adaptive management measures to
protect vernal pools and their watersheds
against detrimental edge effects to the
conserved population (e.g., trampling,
vehicular traffic, dumping, invasive exotic
species). This will require: fencing; limiting
pesticide, herbicide, and other chemical use in
the vicinity; eradicating nonnative, competitive
species; and preventing water pollution. In
addition, the watershed surrounding the
Poinsettia Lane population needs to be
conserved to maintain appropriate hydrological
conditions and pollinators for the species.
Finally, declining populations may be
enhanced via introduction of appropriate plant
materials, as necessary.
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
permits for the NCTD Poinsettia Lane
Commuter Rail Station project.
I I I
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Rationale for Identifiinn - Suecies as Covered: The MHCP will contribute to the conservation of this species within the area by conserving 96% of point locations (14 of 17
locations are within the FPA) and 93% of the critical locations and major populations in the study area. The Carlsbad major population and critical location at Poinsettia Lane
will be conserved at 100%. The portion of the San Marcos major population and critical location within the study area will be conserved at 85%, but over 75% of this
population occurs in the San Marcos Major Amendment Area and is not addressed in this plan. The Subarea Plan meets the take authorization standards for this species due to
the conservation of the identified, major population and its habitat; additional protection afforded wetland habitat (including watersheds) by federal regulations; the City's no-
net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce identified threats to conserved
populations.
The MHCP will adequately conserve this
species by conserving 62% of potential
habitat, 88% of point locations (28 of 32
locations are within the FPA), and 86% of the
critical location and major population in
Encinitas. The Subarea Plan will conserve
approximately 300 acres of southern maritime
chaparral, as well as 700 acres of other
chaparral habitats and 2,000 acres of coastal
sage scrub. An estimated 3,200 acres (67%) of
coastal sage scrub, chaparral and southern
maritime chaparral will be conserved as result
San Diego Barrel Cactus
Ferocactus viridescens
FSC I None
List 2, RED 1-3-1
Given that the only known population within the The long-term preserve management plan shall
City occurs within an existing hardline provide area specific management directives
Conservation area, no impacts to this species are for the one known population of San Diego
expected to occur. However, approximately 33% barrel cactus and any newly discovered
of coastal sage scrub, chaparral and southern populations in Carlsbad, including specific
maritime chaparral, which is potential habitat of adaptive management measures to protect
the species, may be subject to impacts outside of constituent species to coastal bluff scrub and
preserve areas. Potential impacts may include maritime succulent scrub by minimizing edge
direct or indirect impacts associated with edge effects associated with urban development
effects, and direct mortalities as a result of (e.g., trampling, vehicular traffic, dumping,
frequent or catastrophic fire events, or activities invasive exotic species) and protecting the
associated with fire suppression. species against fiequent or catastrophic tires.
of existing preserve design and application of
the City's measures contained in Table 9.
I
Controlled burns (or other fuel modification
methods) will be used at a frequency and level
sufficient to preclude catastrophic fire events
and stimulate regeneration of the population.
Plants should be salvaged from impact areas
where the impact cannot be avoided, and
transplanted into appropriate habitat.
Rationale for Identifiinrr Suecies as Covered: The MHCP will adequately conserve this species by conserving 62% of potential habitat, 88% of point locations (28 of 32
locations are within the FPA), and 86% of the critical location and major population in Encinitas. The Subarea Plan meets the take authorization for this species due to
conservation of the one known population south of Palomar Airport Road within an existing hardline conservation area; conservation of large percentages of the preferred
habitat of the species (i.e., 67% of coastal sage scrub, chaparral and southern maritime chaparral); the size, shape and habitat diversity of lands in the preserve; application of
the City's measures contained in Table 9; and specific management measures intended to reduce threats to potentially occurring populations.
:OMMON NAME EXPECTED CONSERVATION
KIENTIFIC NAME
;TATUS (Federal / State)
;an Diego Marsh Elder
va hayesiana
:SC / None
.ist 2, RED 2-2-1
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
The MHCP will adequately conserve this
species by conserving 100% of potential
habitat and 75% of point locations (3 of 4
locations are within the FPA). The major
population and critical location on San
Marcos Creek in San Marcos will be
conserved at 1 OO%, but the portion of this
major and critical population on Encinitas
Creek in San Marcos is not conserved.
Although only 50% of the major and critical
population is currently considered conserved
within the FPA, application of the MHCP
critical location and wetland policies will
increase the level of protection for this
population. The Subarea Plan will conserve
approximately 1,000 acres of cismontane
An estimated 30% of the individuals in the major
populations in Carlsbad may be subject to
impacts outside preserve areas. Although habitat
impacts are difficult to quantify, all of the
cismontane alkali marsh (14 acres), the preferred
habitat for this species, is conserved by the plan.
An estimated 74 acres (20%) of other potential
habitats for this species (25 acres [ 12%] of
fieshwater marsh and 49 acres [32%] of
disturbed wetland) may be subject to impacts
outside preserve areas. Potential impacts to
conserved populations may include direct or
indirect impacts associated with edge effects and
loss or alteration of the watershed. In addition,
clearing of vegetation in stream channels for
flood control may remove a yet unquantified
The long-term preserve management plan shall
provide area specific management directives
for the two known major and critical
populations of San Diego marsh elder and any
newly discovered populations in Carlsbad,
including specific adaptive management
measures to protect wetlands against
detrimental edge effects, control access, limit
disturbance, limit chemical use within vicinity,
and control nonnative competitive species. In
addition, the watershed surrounding the
conserved populations needs to be conserved
to maintain appropriate hydrological
conditions for the species. Finally,
enhancement of declining populations via
introduction of appropriate plant materials may
within the City, and an estimated 70% of the
two major populations along San Marcos
Creek and Encinitas Creek within existing
hardline conservation areas. Determination of
conserved habitat is difficult for this species,
because it has the potential to occw in limited
areas of several habitat types. Nonetheless, it
is estimated that 14 acres (1 00%) of the most
likely habitat for this species (cismontane
alkali marsh) will be conserved as a result of
existing preserve design and application of the
City’s measures contained in Table 9. In
addition, 293 acres (80%) of other potential
habitat types (1 89 acres [88%] of fieshwater
marsh and 104 acres [68%] of disturbed
wetland) will be similarly conserved by the
plan.
Creek populat&n. This species should be
considered for use in wetland restoration 1 projects where soil and water conditions are
appropriate.
lationalefor Identiftinp Species as Covered The MHCP will adequately conserve this species by conserving 100% of potential habitat and 75% of point locations (3 of 4
JOMMON NAME EXPECTED CONSERVATION
ICIENTIFIC NAME
lTATUS (Federal / State)
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
‘SC I None
,ist 3, RED 2-3-2
AHCP Narrow Endemic
)bligate Wetlands Species
~ ~
,ittie Mousetail
@osurus minimus ssp. apus
is expected to protect any additional
populations found in the future. The Subarea
Plan will conserve vernal pool habitat per the
City’s wetland policy, the population near
Poinsettia Lane, and other populations found
in the City through designation of the species
as a Narrow Endemic. All of the identified
vernal pools containing this species in
Carlsbad will be conserved as a result of the
existing preserve design and application of the
City’s measures contained in Table 9. The
vernal pool habitat in which the documented
population occurs is protected in a
conservation easement that resulted from the
404 and 208 1 permits on the NCTD Poinsettis
Lane Commuter Rail Station. In addition,
other identified vernal pool habitat on the
Manzanita Partners project site east of El
Camino Real is proposed as hardline open
space. In addition, vernal pool habitat not
identified by this plan will be afforded
additional protection through federal wetlands
regulations, in conjunction with the City’s no-
net-loss of wetlands policy and application of
measures contained in Table 9.
The MHCP will adequately conserve this The one major population in Carlsbad will be The long-term preserve management plan shall
species by conserving 93% of the potentially conserved entirely by the plan. Potential impacts provide area specific management directives
suitable habitat and 100% of the one known to the conserved population may include direct or for the one known major population of little
critical location and major population in indirect impacts associated with edge effects and mousetail in Carlsbad, including specific
Carlsbad. The MHCP Narrow Endemic Policy loss or alteration of the watershed. adaptive management measures to minimize
edge effects to the conserved population (e.g.,
trampling, vehicular traffic, dumping, invasive
exotic species). This may require fencing;
limiting pesticide, herbicide, and other
chemical use in the immediate vicinity;
eradicating nonnative, competitive species;
conserving adjacent watershed habitat
containing pollinators; and preventing water
pollution. In addition, the watershed
surrounding the Poinsettia Lane population
needs to be conserved to maintain appropriate
hydrological conditions for the species.
Finally, declining populations may be
enhanced via introduction of appropriate plant
COMMON NAME
SCIENTIFIC NAME
STATUS (Federal / State)
EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
ke one major population in Carlsbad will be
:onserved entirely by the plan. Potential impacts o the conserved population may include direct 01
ndirect impacts associated with edge effects and oss or alteration of the watershed.
Spreading Navarretia
Navarretia fossalis
FT I None
MHCP bh~~ Endemic,
Obligate W&mds Species
ne long-term preserve management plan shall
irovide area specific management directives
4r the one known major population of
ipreading navarretia in Carlsbad, including
ipecific adaptive management measures to
Irotect vernal pools and their watersheds
igainst detrimental edge effects (e.g.,
rampling, vehicular traffic, dumping, invasive
:xotic species). This will require: fencing;
imiting pesticide, herbicide, and other
:hemica1 use in the vicinity; eradicating
ionnative, competitive species; and preventing
water pollution. In addition, the watershed
wrounding the Poinsettia Lane population
ieeds to be conserved to maintain pollinators
md appropriate hydrological conditions for the
ipecies. Finally, declining populations may be
:nhanced via introduction of appropriate plant
naterials, as necessary.
The MHCP will contribute to the conservatior
of this species within the area by conserving
88% of point location (2 of 5 locations are
within the FPA) and 93% of critical locations
and major populations in the study area. Only
4 1 % of the mapped vernal pool habitat (9 of
22 acres) is within the FPA. The critical
location and major population at Poinsettia
Lane in Carlsbad will be 100% conserved.
Although 85% of the San Marcos critical
location and major population within the
study area will be conserved, 29 acres of
vernal pool habitat occurs in the San Marcos
Major Amendment Area and are not
addressed by this plan. The Subarea Plan will
conserve vernal pool habitat per the City’s
wetland policy, the single known population
near Poinsettia Lane, and other populations
found in the City through designation of the
species as a Narrow Endemic. All of the
identified vernal pools containing spreading
navarretia in Carlsbad will be conserved as a
result of the existing preserve design and
application of the City’s measures contained
in Table 9. The vernal pool habitat in which
the population occurs is in an existing
conservation easement that was established as
a result of the 404 and 2081 permit processes
for the NCTD Poinsettia Lane Commuter Rail
Station project. In addition, vernal pool
habitat not identified by this plan will be
afforded additional protection through federal
wetlands regulations, in conjunction with the
:OMMON NAME
NCIENTIFIC NAME
#TATUS (Federal / State)
lationale for ldentifvinasDecies as Covered The MHCP will contribute to the conservation of this species within the area by conserving 88% of point location (2 of 5
xations are within the FPA) and 93% of critical locations and major populations in the study area. Only 41% of the mapped vernal pool habitat (9 of 22 acres) is within the
‘PA. The critical location and major population at Poinsettia Lane in Carlsbad will be 100% conserved. Although 85% of the San Marcos critical location and major
opulation within the study area will be conserved, 29 acres of vernal pool habitat occurs in the San Marcos Major Amendment Area and are not addressed by this plan. The
,ubarea Plan meets the take authorization standards for this species due to complete (100%) conservation of the one identified, major population and its habitat within the city
dditional protection afforded wetland habitat by federal regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific
ianagement measures intended to reduce identified threats to conserved populations.
EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
City’s no-net-loss of wetlands policy and
application of measures contained in Table 9.
Ialifornia Orcutt Grass
kcuttia calijiornica
‘E / CE
,ist lB, RED 3-3-2
4HCP Narrow Endemic,
)bligate Wetlands Species
The one major population in Carlsbad will be
conserved entirely by the plan. Potential impacts
to the conserved population may include direct or
indirect impacts associated with edge effects and
loss or alteration of the watershed.
The MHCP will adequately conserve this
species by conserving 100% of the one know
critical location and major population in
Carlsbad. The MHCP Narrow Endemic Policj
is expected to protect any additional
populations found in the future. The Subarea
Plan will conserve vernal pool habitat per the
City’s wetland policy, the one major
population of this plant located south of the
Poinsettia Commuter Rail Station, and other
populations found in the City through
designation of the species as a Narrow
Endemic. All of the identified vernal pools
containing California Orcutt grass in Carlsbad
will be conserved as a result of the existing
preserve design and application of the City’s
measures contained in Table 9. The vernal
pool habitat in which the population occurs is
in an existing conservation easement that is
the result of the NCTD Commuter Rail
Station 404 and 208 1 permitting processes. In
addition, vernal pool habitat not identified by
this plan will be afforded additional protectior
through federal wetlands regulations, in
conjunction with the City’s no-net-loss of
The long-term preserve management plan shall
provide area specific management directives for the one known major population of
California Orcutt grass in Carlsbad, including
specific adaptive management measures to
minimize edge effects to the conserved
population (e.g., trampling, vehicular traffic,
dumping, invasive exotic species). This will
require: fencing; limiting pesticide, herbicide,
and other chemical use in the immediate
vicinity; eradicating nonnative, competitive
species; and preventing water pollution. In
addition, the watershed surrounding the
Poinsettia Lane population needs to be
conserved to maintain appropriate hydrologica’
conditions for the species. Finally, declining
populations may be enhanced via introduction
of appropriate plant materials, as necessary.
lwetlands policy and application of measures I
~OMMON NAME-
SCIENTIFIC NAME
STATUS (Federal / State)
iationale for Identifiing Suecies as Covered The MHCP will adequately conserve this species by conserving 100% of the one known critical location and major population in
Zarlsbad. The MHCP Narrow Endemic Policy is expected to protect any additional populations found in the future. The Subarea Plan meets the take authorization standards
or this species due to complete (100%) conservation of the one identified, major population and its habitat within the city; additional protection afforded wetland habitat by
ederal regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9; and specific management measures intended to reduce
dentified threats to conserved populations.
____ EXPECTED CONSERVATION POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
contained in Table 9.
rorrey Pine
=inus torreyana
:SC I None
kt lB, RED 3-2-3
3-eserve areas will be managed to monitor for
nsect infestations.
The MHCP will adequately conserve this All of the individuals identified in Carlsbad will
species by conserving 17% of potential be conserved by the plan. Torrey pine woodland
habitat and 65% of point locations (1 8 of 27 has not been mapped in Carlsbad; however, the
locations are within the FPA). The plan species can occur scattered in southern maritime
protects the great majority of naturally chaparral. An estimated 48 acres (12%) of
occurring (not planted) trees within relatively southern maritime chaparral in Carlsbad may be
large blocks of natural habitat. The Subarea subject to impacts outside preserve areas.
Plan will conserve approximately 300 acres of
southern maritime chaparral mostly in
existing or proposed hardline conservation
areas within the City. Torrey pine woodland
does not occur in Carlsbad. No major
populations or critical locations of this species
occur in Carlsbad. This species is known from
two locations in Carlsbad. One of these
consists of scattered individuals, while the
other is apparently a tree farm or plantation.
Both locations are in areas proposed for
conservation. The major population center for
this species lies south of Carlsbad, along the
coast of San Diego County near Del Mar,
where the majority of naturally-occurring
Torrey Pine trees is protected and managed in
Torrey Pines State Reserve.
Pationale for IdentifLina Suecies as Covered The MHCP will adequately conserve this species by conserving 77% of potential habitat and 65% of point locations (1 8 of 27
ocations are within the FPA). The plan protects the great majority of naturally occurring (not planted) trees within relatively large blocks of natural habitat. The Subarea Plan
neets the take authorization standards for this species because of the complete conservation of individuals, conservation of a substantial portion of potential habitat (88%); and
COMMON NAME EXPECTED CONSERVATION
SCIENTIFIC NAME
STATUS (Federal / State)
I
POTENTIAL IMPACTS MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
Engelmann Oak
Quercus engelmannii
None / None
List 4, RED 1-2-2
The MHCP will adequately conserve this
species by conserving 82% of potential
habitat, 83% of point locations (66 of 79
locations are within the FPA), and 84% of the estimated 2 acres (7%) of oak woodlands in
Of the five documented occurrences of this
species in Carlsbad, one may be subject to
impacts outside preserve areas. In addition, an
Preserve areas will be managed to protect
against disturbance and fires. Management of
Engelmann oaks within the preserve will fall
under the guidelines of the City’s oak
protection policy. critical locations and major populations. The
Subarea Plan will conserve oak woodland and
assure no net loss of oak woodland in the
City, and conserve 4 of 5 mapped individuals
in the City. A significant amount of oak
woodland in Carlsbad will be conserved as a
result of the existing preserve design and
application of the City’s no-net-loss of oak
woodlands policy and measures contained in
Table 9. However, this acreage includes little,
if any, Engelmann oak woodland.
Rationale for IdentifiinaSDecies as Covered The MHCP will adequately conserve this species by conserving 82% of potential habitat, 83% of point locations (66 of 79
locations are within the FPA), and 84% of the critical locations and major populations. The Subarea Plan meets the take authorization standards for this species because of the
substantial conservation of individuals (80%); application of the City’s no-net-loss of oak woodlands policy and measures contained in Table 9; and specific management
measures intended to reduce identified threats to conserved populations.
Carlsbad may be subject to impacts outside
preserve areas. However, this acreage includes
little, if any, Engelmann oak woodland.
INVERTEBRATES
The MHCP may help ensure persistence of
San Diego fairy shrimp in the area and
contribute to regional genetic diversity for the
species, although this will require intensive
management and monitoring. Only about 41%
(9 of 22 acres) of mapped vernal pool habitat
in the study area (excluding the San Marcos
Major Amendment Area) is within the FPA.
However, the one known population and
critical location in the MHCP (the Carlsbad
San Diego Fairy Shrimp
Branchinecta sandiegonensis
FE / None
MHCP Narrow Endemic,
Obligate Wetlands Species
Because 100% of San Diego fairy shrimp The long-term preserve management
population is conserved by the Subarea Plan, and plan shall provide area specific management
any newly discovered vernal pools are protected directives for the one known major population
by measures contained in Table 9, no direct of San Diego fairy shrimp in Carlsbad,
impacts to this species are expected to occur. including specific adaptive management
Indirect impacts to this species could result from measures to protect vernal pools and their
adverse changes in hydrology and the level of watersheds against detrimental edge effects;
contaminants entering vernal pool watersheds. prohibiting the introduction of pesticides and
Potential indirect threats to the San Diego fairy other pollutants into vernal pools and vernal
shrimp will be minimized by site-specific pool watersheds; protecting vernal pools from
~COM~NAME
SCIENTIFIC NAME
STATUS (Federal / State)
~~ EXPECTED CONSERVATION
Poinsettia vernal pools) will be 100%
conserved and managed. The other known
population and critical location is in the San
Marcos Major Amendment Area, whose 29
acres of vernal pool habitat are not addressed
in the MHCP. It’s uncertain whether
management can overcome deleterious effects
of habitat fragmentation on the species’
metapopulation dynamics and genetic
integrity, even if no fbrther take is allowed.
The Subarea Plan will conserve known vernal
pool habitat containing fairy shrimp, the only
known majorkritical population in the
planning area (Poinsettia Lane pools), and
other populations found in the City through
designation of the species as a Narrow
Endemic. The Subarea Plan conserves 100%
of known San Diego fairy shrimp locations in
the City. The City’s no-net-loss of wetlands
policy, in conjunction with City guidelines
requiring avoidance of vernal pool resources,
will ensure that any additional occupied
vernal pools that are discovered outside of
preserve areas will be conserved. Federal and
state wetlands regulations provide additional
protection to vernal pool resources.
~ POTENTIAL IMPACTS
Rationale for Identifiing Suecies as Covered The MHCP may help ensure persistence of San Diego fairy shrimp in the area and contribute to regional genetic diversity for the
species, although this will require intensive management and monitoring. Only about 41% (9 of 22 acres) of mapped vernal pool habitat in the study area (excluding the San
Marcos Major Amendment Area) is within the FPA. However, the one known population and critical location in the MHCP (the Carlsbad Poinsettia vernal pools) will be
100% conserved and managed. The other known population and critical location is in the San Marcos Major Amendment Area, whose 29 acres of vernal pool habitat are not
addressed in the MHCP. It’s uncertain whether management can overcome deleterious effects of habitat hgmentation on the species’ metapopulation dynamics and genetic
integrity, even if no further take is allowed. The City is seeking take authorization for indirect impacts and for accidental direct impacts to the species. The Subarea Plan meets
take authorization standards for this species due to the conservation of all known San Diego fairy shrimp locations (100%); additional protection afforded wetland habitat by
federal and state regulations; the City’s no-net-loss of wetlands policy and application of measures contained in Table 9 which protects this species as a Narrow Endemic; and
specific management measures intended to reduce identified threats to conserved populations.
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
I I I
nanagement measures. off-road vehicles and other activities that can
crush eggs and destroy vernal pool habitat; and
managing the watersheds surrounding vernal
pools to maintain water quality and vernal poo
JOMMON NAME
‘E I None
AHCP Narrow Endemic,
Ibligate Wetlands Species
EXPECTED CONSERVATION POTENTIAL IMPACTS
CIENTIFIC NAME
;TATUS (Federal / State)
Streptocephalus woottoni) the Riverside fairy shrimp in the area and
contribute to regional genetic diversity,
although this will require intensive
management and monitoring. Only about 4 1 % by measures contained in Table 9, no direct
habitat will be conserved by the Subarea Plan,
and any newly discovered vernal pools
containing Riverside fairy shrimp are protected
I I
(9 of 22 acres) of mapped vernal pool habitat
in the study area is within the FPA. An
additional 29 acres are mapped within the San
Marcos Major Amendment Area, which is not
addressed in this plan. Both known species
location points in the MHCP area are
conserved at the Poinsettia pools in
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES
impacts to this species are expected to occur.
Indirect impacts to this species could result from
adverse changes in hydrology and the level of
contaminants entering vernal pool watersheds.
Potential indirect threats to the Riverside fairy
shrimp will be minimized by site-specific
management measures.
rovide area specific management directives
or the one known major population of
Liverside fairy shrimp in Carlsbad, including
pecific adaptive management measures to
,rotect vernal pools and their watersheds
igainst detrimental edge effects; prohibiting
he introduction of pesticides and other
iollutants into vernal pools and vernal pool
vatersheds; protecting vernal pools from off-
oad vehicles and other activities that can crush
‘ggs and destroy vernal pool habitat; managing
he watersheds surrounding vernal pools to
naintain water quality and vernal pool
iydrology, in particular, the watershed of the
’oinsettia Lane vernal pools.
Rationale for Zdentifiina Species as Covered The MHCP may help ensure persistence of the Riverside fairy shrimp in the area and contribute to regional genetic diversity,
although this will require intensive management and monitoring. Only about 4 1% (9 of 22 acres) of mapped vernal pool habitat in the study area is within the FPA. An
COMMON NAME EXPECTED CONSERVATION POTENTIAL IMPACTS
SCIENTIFIC NAME
STATUS (Federal / State)
MONITORING AND/OR
MANAGEMENT PLANS / DIRECTIVES