HomeMy WebLinkAbout2007-03-27; City Council; 18945; Habitat Management Plan annual report 2004/2005CITY OF CARLSBAD - AGENDA BILL
AB# 18,945
MTG. 3/27/07
DEPT. PLN
Habitat Management Plan
2004-2005 Annual Report
DEPT. HEAD \to '
CITY ATTY. <&-
CITY MGR. U^ —
2007-067 ACCEPTING the Habitat
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No..
Management Plan 2004-2005 Annual Report.
ITEM EXPLANATION:
As part of the approval process for the Habitat Management Plan, the City entered into an
Implementing Agreement with the California Department of Fish and Game and the U.S. Fish
and Wildlife Service. That agreement stipulates the various obligations of each entity in
implementing the HMP program. One of the requirements of the City is to prepare an annual
report and conduct a public meeting to discuss that report. According to the Implementing
Agreement, the purpose of this annual reporting and meeting is "to monitor HMP
implementation, discuss pertinent issues, and coordinate activities relating to overall preserve
system monitoring, maintenance and planning."
The content of the HMP Annual Report is detailed in the City's Open Space Management Plan.
Some of the components include updates of gains and losses of habitat, summary of
management activities within the preserve, current status of each covered species within the
HMP, and a discussion of preserve budgets and endowments. Given that some portions of the
HMP program and preserve assembly are still being developed, and many private development
projects had not yet secured preserve managers during the reporting period, the City and
Wildlife Agencies agreed that this first annual report could take an abbreviated form.
Therefore the attached annual report is limited to information about the status of HMP
Implementing Agreement obligations, HMP baseline conditions, a listing of all projects
impacting habitat, and key management and monitoring activities within the existing preserve.
Since the City began to implement the HMP as of the date of local approval, this report covers
all development projects with habitat impacts from the time of the original HMP approval in
December 1999 to October 2005.
As discussed in the 2004-2005 Annual Report, a more detailed analysis of vegetation and
species mapping and adaptive management recommendations during the first reporting period
will be contained in the 2005-2006 Annual Report. This second annual report is expected to be
available for public review by June and will cover all HMP activities and preserve status through
December 2006.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED »
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
An important component of the annual reporting process is the opportunity for public
involvement. The 2004-2005 Annual Report was released for public review on February 20,
2006; notices were sent to interested parties, hard copies were available at the Planning
Department front counter, and the document was posted on the City's website. No comments
were received as of the time of agenda bill preparation however the website had over 100
visitors and some hard copies were distributed. The 2005-2006 Annual Report will involve a
public workshop separate from the City Council meeting and is anticipated to include a nature
interpretive walk and displays by the Wildlife Agencies and other environmental organizations.
FISCAL IMPACT:
The request for acceptance of the HMP Annual Report will not produce any fiscal impacts in
that no programs or property acquisitions are proposed at this time.
ENVIRONMENTAL IMPACT:
The request for acceptance of the HMP Annual Report does not constitute a project, as defined
by Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines and
therefore no environmental documentation is necessary.
EXHIBITS:
1. City Council Resolution No. 2007-067
2. Habitat Management Plan 2004-2005 Annual Report
DEPARTMENT CONTACT: Michael Grim 760-602-4623 mgrim@ci.carlsbad.ca.us
\\\
1 RESOLUTION NO. 2007-067
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE HABITAT
3 MANAGEMENT PLAN 2004-2005 ANNUAL REPORT.
4 WHEREAS, the Implementing Agreement to establish the Habitat Management
5 Plan for the conservation of threatened, endangered and other species in the City of Carlsbad
6 requires preparation of an Annual Report; and
7 WHEREAS, the Annual Report is intended to monitor Habitat Management Plan
8 implementation, discuss pertinent issues, and coordinate activities relating to overall preserve
9 system monitoring, maintenance and planning; and
10 WHEREAS, the City's Preserve Steward and Planning Department staff have
11 coordinated the content and scheduling of the 2004-2005 Annual Report with the U.S. Fish and
12 Wildlife Service and California Department of Fish and Game.
13 NOW, THEREFORE, The City Council of the City of Carlsbad, California, does
14 hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the Habitat Management Plan 2004-2005 Annual Report, dated
YJ January 30, 2007, is accepted.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the day of 27th March, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard.
NOES: None.
ABSENT: None.
iS, Mayor
ATTEST:
..
LORRAINE M. WOOD, City Clerk
(SEAL)
City of CarlsbadCity of Carlsbad
Habitat Management PlanHabitat Management Plan
Annual ReportAnnual Report
November 2004 November 2004 --October 2005October 2005
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Technology Associates
9089 Clairemont Mesa Blvd., Ste 307
San Diego, CA 92123
City of Carlsbad
Habitat Management Plan
First Annual Report
November 2004 - October 20(
January 30,2007
Prepared for:
City of Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Contact: Don Neu, Acting Planning Director
Prepared by:
Technology Associates
9089 Clairemont Mesa Blvd., Suite 307
Technology Associates
Approved by:
I certify that, to the best of my knowledge, after appropriate inquiries of all relevant
persons involved in the preparation of this report, the information submitted is true,
accurate, and complete.
A3Q-Q7
City of Carlsbad Planning Director Date
Table of Contents
Contents Page
1.0 Introduction 1
1.1 HMP Annual Report Background 1
1.2 Status of HMP Implementation 1
1.3 Annual Report Summary 2
2.0 Baseline Conditions 3
2.1 History of the Establishment of HMP Baseline Conditions 3
3.0 HMP Implementation 5
3.1 Implementation Measures Defined in the Implementing Agreement 5
3.2 Additional Measures Implemented by the City 11
3.2.1 Guideline Preparation 11
3.2.2 Additional Zoning Ordinance Amendments 12
3.2.3 Training Workshops Conducted for City Staff 13
3.2.4 Informal Agency Consultations 13
4.0 Acquisitions 13
5.0 Status of Mitigation Banks 14
6.0 Project Review 16
7.0 Key Management and Monitoring Activities 20
8.0 Financial Summary 20
List of Tables
Contents Page
Table 1. Summary of Projects Processed through October 2005 17
Table 2. Year One Preserve Managers 21
Table 3. Management Plans, Work Plans, and Annual Reports 22
Table 4. Overview of Management and Monitoring Activities 23
City of Carlsbad
First HMP Annual Report, January 2007
7
1.0 Introduction
1.1 HMP Annual Report Background
The Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP)
was developed to provide a comprehensive, citywide, program to identify how the City,
in cooperation with federal and state wildlife agencies, can preserve the diversity of
habitat and protect sensitive biological resources within the City while allowing for
additional development consistent with the City's General Plan and its Growth
Management Plan. The HMP serves as a habitat conservation plan (HCP), as described in
Section 10(a)(l)B of the Endangered Species Act, and Natural Community Conservation
Plan (NCCP), as authorized in the Natural Community Conservation Planning Act (Fish
and Game Code Section 2800 et. seq.). The HMP constitutes Carlsbad's Subarea Plan
within the Multiple Habitat Conservation Plan in north coastal San Diego County
(MHCP).
The first technical report for the HMP was completed in 1992 and provided the basis for
a preliminary conservation strategy in 1993. Preparation of the draft HMP was
coordinated with vegetation mapping and habitat evaluations conducted for the MHCP
and completion of the Fieldstone/La Costa Associates HCP. This effort culminated in a
public review draft of the HMP in 1994. After extensive consultations between the City,
CDFG, and USFWS, revisions were made to the HMP including boundary refinements,
updates of maps and GIS databases, and clarification of HMP goals and implementation.
The first final draft was completed in December 1999. At this time the California Coastal
Commission (CCC) began its review of the HMP, and the plan was amended to
incorporate CCC's concerns. The final HMP was approved, as amended, in November
2004.
1.2 Status of HMP Implementation
As outlined the Implementing Agreement (IA) and Open Space Management Plan
(OSMP), the City is required to submit an annual report that will summarize the gains
and losses in habitat, incidental take of covered species, management and monitoring
activities, and key management concerns. To expedite the submittal of the first annual
report, which is currently overdue, the City has decided, in consultation with the Wildlife
Agencies, to submit information for the first year (November 2004 - October 2005) in
two phases. The first phase, as presented in this report, will consist of a description and
status summary of baseline data reconciliation, HMP implementation measures, land
City of Carlsbad
First HMP Annual Report, January 2007
acquisitions, mitigation banks, projects implemented under the HMP, key management
and monitoring activities, and funding. Except where noted, status descriptions will
include all currently available information through October 2006. Status dates will enable
the reader to differentiate between HMP reporting years one and two. In addition, as
approved by the Wildlife Agencies, the public meeting component of this report will be
conducted via City Council meeting, which is open to the public and allows for public
comment. A copy of this report will be sent to all known interested parties along with a
notice of intent to inform them of the upcoming meeting.
The second phase of first year reporting will consist of quantitative information such as
acreages of habitat gains and losses within the City, and updates to vegetation and species
mapping. These data will be included in the second annual report, and will be kept
separate from year two data. The public, Wildlife Agencies, and other interested parties
will be invited to attend a pubic meeting that will be dedicated to years one and two of
the HMP; the agenda for this meeting will not include items unrelated to the HMP.
Interested parties will have the opportunity to discuss HMP implementation, key
management issues, and overall preserve management and monitoring.
To coordinate with future annual reporting efforts for other MHCP subarea plans, the
City, in consultation with the Agencies, will change to a calendar year reporting cycle
(January - December), rather than a cycle based on the final approval of the HMP
(November - October). As such, the second annual report will contain information
through the end of December 2006. A draft of the second annual report is expected to be
ready for review by March 2007.
1.3 Annual Report Summary
From the time the final HMP draft was completed (1999) through the first year after the
HMP was officially approved in November 2004, the City of Carlsbad focused its efforts
on implementing the steps outlined in the Implementing Agreement (IA) for the HMP,
and reviewing new projects based on regulatory structure. The highlights of this activity,
which are detailed in this report, include the following:
1. Implementation measures outlined in Sections 11.3, 11.4, 11.5 and 12.3 of the IA
have been completed or are ongoing and are detailed in Section 3.0 below.
2. Numerous additional steps beyond those outlined in the IA have been taken to
assist City staff and HMP permit applicants, including guideline development,
City of Carlsbad
First HMP Annual Report, January 2007
<k
municipal code amendments, training workshops, and ongoing informal Wildlife
Agency consultation (Section 3.0).
The establishment of a municipal mitigation bank (Lake Calavera Mitigation Bank)
for impacts from City projects was initiated, and a total of 186.0 acres of
mitigation credits are currently available (Section 5.0).
4. The following projects contributed to the acquisition requirements in the MHCP
California Gnatcatcher Core Area (Section 3.0, Table 1):
a) Municipal Golf Course Project - 51.60 acres
b) Rancho Carrillo - 20.31 acres
c) Bressi Ranch - 24.50 acres
d) Palomar Forum - 4.90 acres
e) Villages La Costa - 39.39 acres
5. Twenty projects were reviewed for HMP compliance prior to the final approval of
the HMP (1999-October 2004); and five projects were reviewed during the first
annual reporting year after formal HMP approval (November 2004-October 2005)
(Section 6.0).
6. Generally, the management and monitoring activities that were conducted in the
preserve areas consisted of assessment of threats, prioritization of goals and tasks,
active access control, invasive species eradication, and biological monitoring
(Section 7.0).
7. Additional quantified data will be included in the second HMP annual report.
2.0 Baseline Conditions
2.1 History of the Establishment of HMP Baseline Conditions
The current HMP establishes percent conservation goals based on the overlay of habitat
preserve areas with biological resource data layers. Baseline data for the HMP, which
includes vegetation communities mapping, species distribution, and preserve boundaries,
was compiled from multiple sources and underwent several updates and revisions before
being presented in the final HMP, as amended in 2004 (HMP p. C-l). The following
provides a brief history of initial data acquisition and subsequent compilation into a
baseline from which conservation goals were calculated.
1. Initial biological resources information for the HMP area was compiled from
vegetation mapping, species surveys, and habitat evaluations that were carried out
City of Carlsbad
First HMP Annual Report, January 2007
for the MHCP. These data were then incorporated into a Geographic Information
System (GIS) database to provide a spatial component.
2. Once this information was compiled, a Focused Planning Area (FPA) was
identified for each MHCP subarea, including the City of Carlsbad. FPAs consist
of Core Areas, Linkages, and Special Resource Areas, which were considered to
be critical biological components of a self-sustaining preserve system that would
provide enough quality habitat and movement corridors to sustain covered species
in perpetuity.
3. City staff and consultants then met with land owners to determine where detailed
or general conservation plan boundaries could be identified on private land within
the FPA. This information, along with previously approved project plan
boundaries, was added to the GIS database to form the original baseline data set.
The baseline data were incorporated into the first public review draft of the HMP,
which was finalized in 1994.
It is important to note that GIS capabilities and accuracy of spatial data, such as
vegetation communities boundaries and parcel lines, were somewhat rudimentary
during this time. As such, it was understood by the City and the Wildlife Agencies
that boundary lines and acreages would need to be refined as more accurate data
became available, and as GIS capabilities became more advanced. Steps 4-7
below describe refinements that were made between 1994 (first HMP public
review draft), and 1999 (second HMP draft, in which public and Agency
comments were addressed; this draft was submitted to the Coastal Commission
for review). All of the refinements described in steps 4-7 were incorporated into
the 1999 draft and approved by the Wildlife Agencies (HMP p. C-l).
4. In 1996, vegetation mapping for the MHCP subregion was updated and refined
using 1995 satellite imagery to systematically update the regional vegetation
database. In addition, project-specific field mapping performed since 1992 was
also incorporated.
5. In 1996-1997 species distribution data was updated based on refinements
suggested by qualified biologists and approved by the Wildlife Agencies.
6. In 1997, the Carlsbad vegetation and species databases were further refined by
comparing the City's GIS layers with mapping that was independently maintained
by SANDAG. Where differences were observed, City staff and consultants
identified which version was the most accurate and current by using project-
City of Carlsbad
First HMP Annual Report, January 2007
specific data and limited field truthing. An updated vegetation map was then
created by merging the best information from each file for each area of the City.
3.0 HMP Implementation
3.1 Implementation Measures Defined in the Implementing Agreement
To define the conditions under which the HMP would be implemented within the City of
Carlsbad, an Implementing Agreement (IA) was established among the City of Carlsbad,
CDFG, and USFWS in November, 2004. Sections 11.3 - 11.5 and 12.3 of the IA outline
the implementation measures to be carried out by the City upon approval of the HMP.
Below is a summary of these obligations, and the status of each.
Implementing Agreement Section 11.3. Regulatory Implementation Measures
A. Urgency Ordinance - To require compliance with the HMP while permanent
regulatory measures were being drafted and approved; required immediately upon
adoption of HMP.
STATUS: Approved by the City Council November 9, 2004.
B. General Plan Amendments: Land Use, and Open Space and Conservation
Elements - Add policy statements relating to the HMP; required within 12 months
of HMP of Effective Date.
STATUS: Revisions made and approved by the City Council in July, 2005.
C. Open Space Ordinance Amendment - (Carlsbad Municipal Code § 21.53.230).
Add Conserved Habitat Areas as undevelopable open space lands preserved
exclusively and in perpetuity for conservation purposes consistent with the HMP.
STATUS: Revisions made and approved by the City Council in March, 2006.
Submitted to California Coastal Commission on April 3, 2006 -
awaiting approval.
D. Municipal Code Amendment: Standards Areas - Add a new section to require
lands located within the Standards Areas to comply with the specific conservation
standards contained in HMP Section D; required within 12 months of Effective
Date.
City of Carlsbad
First HMP Annual Report, January 2007
STATUS: New section (§21.210) was added to the Municipal Code to address
habitat preservation and management requirements. Section
21.210.040 B. specifically addresses Standards Areas. Approved by
the City Council in March 2006. Submitted to California Coastal
Commission on April 3, 2006 - awaiting approval.
E. General Plan Amendment: 15% Open Space Set Asides - To make conservation
of habitat, as identified in the HMP, a priority use for the 15% of otherwise
developable land which the Growth Management Plan already requires be set
aside for open space purposes. The City has five different categories of open
space including: open space for preservation of natural resources, open space for
outdoor recreation, and open space for public health and safety. This General
Plan Amendment identifies the open space for preservation of natural resources as
a priority for the 15% set aside.
F. STATUS: General Plan revised, and approved by the City Council July 2005.
G. Wetlands Protection Program - Mitigation consistent with the HMP 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.
STATUS: New section (specifically, subsections 21.210.040 D.5, and 21.210.070
A.5) was added to the Municipal Code to address habitat preservation
and management requirements. Approved (see D. above). Wetlands
mitigation issues are being dealt with on a project by project basis.
Implementing Agreement Section 11.4. Additional Implementation Measures.
"With respect to covered habitats and species, the City shall implement conservation
measures [MHCP Vol I, II, and III] in approval of development projects and management
of the preserve system."
STATUS: MHCP, HMP, and OSMP conservation measures are currently being
implemented during the approval process for all development projects and
preserve management activities.
Implementing Agreement Section 11.5. Participation in Regional Conservation
Efforts
"In complete satisfaction of its participation obligations concerning the MHCP
Gnatcatcher Core Area, Carlsbad will effectuate the conservation and conveyance to a
City of Carlsbad
First HMP Annual Report, January 2007 6
qualified conservation management entity of 307.6 acres of land generally within the
MHCP Core area as described in Sections D.5 and E.6.A of the HMP."
BACKGROUND: Biological analysis conducted for the MHCP determined that a large
biological core area of approximately 500 acres is needed in the general area
southeast of Carlsbad to support a core population of gnatcatchers (HMP
Figure 29). The initial analysis for the HMP also identified the need to
enhance conservation levels of coastal sage scrub habitat. Further, as part of
the approval of the Fieldstone HCP, the City was required to identify the
location and funding source for 240 acres in the same general area. In order to
meet these goals, the City agreed to conserve 307.6 acres of land within the
Gnatcatcher Core Area (Table 1).
STATUS: The Gnatcatcher Core Area consists of the following (Table 2):
1. Upfront acquisitions (e.g., land that has been purchased by a private developer
in anticipation of the Core Area requirement). In July 2000, anticipating final
approval of the HMP, the City Council approved a Habitat Mitigation Fee
program to pay for lands within the Gnatcatcher Core Area. As part of the
approval of the Fieldstone HCP, which is independent of the HMP, the
developer for the Villages of La Costa project agreed to front the acquisition
of land in the Core Area which would be reimbursed in the future. Part of the
reimbursement would come from the Habitat Mitigation Fee Program and part
would be reimbursed through project-related mitigation. For example, prior to
HMP approval, several projects (including the Municipal Golf Course)
mitigated their habitat impacts by acquiring conservation easements on land
within the Core area (Table 3). To date, approximately 146.20 acres have been
reimbursed through project mitigation credits. The Core Area properties are
protected under a Conservation Easement and under management and
monitoring by the Center for Natural Lands Management.
City of Carlsbad
First HMP Annual Report, January 2007
Table 1. Components of Core Area Conservation
Funded By
Parcel 1 - Villages of La Costa - Alemir
Villages of La Costa
Bressi Ranch
Future: City of Carlsbad HMP Fee (A)'
Subtotal Parcel 1
Parcel 2 - Villages of La Costa - Choumas Pappas
City of Carlsbad Municipal Golf Course
Villages of La Costa - HCP Cost Share
Palomar Forum
Villages of La Costa - Other
The Bridges Project (non-HMP; not incl. in subtotal)
Subtotal Parcel 2
Parcel 3 - Rancho Carrillo Mitigation - Nelson
Rancho Carrillo
Subtotal Parcel 3
Onsite Conservation Credits
Villages of La Costa (Canyons Network Settlement)
Additional Carlsbad Golf Course Revegetation
Additional Citywide Miscellaneous Adjustments
Subtotal Onsite Credits
Future Carlsbad HMP Acquisition
Future City of Carlsbad HMP Fee (B)2
Subtotal Future Acquisitions
TOTAL TARGET CORE AREA CONSERVATION3
Acres Conserved
in Core Area
39.39*
24.50*
50.13
114.02
51.60*
5.50*
4.90*
4.06
47.88
113.94
20.31
23.79*
15.40*
25 .00t
64.19
43.02
43.02
307.60
1 This is the residual area of mitigation land originally purchased by the Villages of La Costa
pursuant to the 1994 Habitat Conservation Plan (HCP), which the City of Carlsbad is
obligated to acquire under the HMP.
2 This is the remaining area of core California gnatcatcher habitat land to be acquired in the
future by the City of Carlsbad, in order to reach the target conservation of 307.6 acres. (See
footnote 1 above)
3 Target conservation of core California gnatcatcher habitat area southeast of the City of
Carlsbad, as stipulated in the HMP.
* From Table 2 (Mitigation Acres Reimbursed for Core Area Acres Acquired Upfront by
Villages of La Costa).
* From Table 3 (Credits for Enhanced Preservation in the City).
City of Carlsbad
First HMP Annual Report, January 2007
Table 2. Core Area Preservation Requirement
Project
Total Target Core Area Conservation
Acres
307.60
Area That Has Already Been Conserved
Upfront Acquisitions Counting Toward Requirement
Credits for Enhanced Preservation in City
Subtotal of Conserved Acres
200.38
64.19
264.57
Remaining Acquisition Requirement 43.02
Table 3. Mitigation Sales Counting Toward Reimbursements
Project
Required Reimbursement for Acres Acquired Upfront
Acres Already Reimbursed
Municipal Golf Course
Rancho Carrillo
Bressi Ranch
Palomar Forum
Villages of La Costa Obligation
Villages of La Costa - Other
Contribution for HMP Preparation
Subtotal of Reimbursed Acres
Remaining Acres to Be Reimbursed
Acres
200.39
51.60
20.31
24.50
4.90
39.39
4.06
5.50
146.20
50.13
2. Credits for enhanced habitat within the City. Enhancement credits include
onsite preservation, preserve enhancement, and revegetation projects (Table
4). These enhancement credits, which total 64.19 acres, were approved by the
Agencies prior to HMP finalization.
Table 4. Credits for Enhanced Preservation in the City
Project Acres
Villages of La Costa Onsite Preservation
Cannons Network Settlement
Various Hardline Preserve Enhancements
Enhanced Municipal Golf Course Revegetation
12.00
11.79
25.00
15.40
Total Enhancement Credits 64.19
City of Carlsbad
First HMP Annual Report, January 2007
3. Land that is vet to be acquired, which is currently 43.02 acres (Table 2).
Because the final approval of the HMP did not occur until November 2004,
the in lieu mitigation fee was not collected for approximately four years. As
such, the Mitigation Fee Program was revised by adjusting the fee to ensure
that sufficient funds could be generated. This revision was approved by the
City Council in January, 2006. The mitigation fees will be used to reimburse
the remaining amount of privately owned lands that have been preserved in
the Core Area, as well as purchase the remaining 43.02 acres that need to be
acquired.
As described in the Biological Opinion (BO) for the HMP prepared by the US
Fish and Wildlife Service, credit towards the MHCP core area obligation was
given for increased preservation within the city beyond that identified in the
approved HMP. Also as described in the BO, additional credit can be
considered for the core area obligation in the future for increased preservation
within the boundaries of the city.
Implementing Agreement Section 12.3. Preserve Management and Monitoring Plan
"As described in Section E.5.B of the HMP, Carlsbad 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
HMP. The Plan shall be completed within one year of the Effective Date of this
Agreement."
STATUS: Open Space Management Plan (OSMP) - The OSMP was developed serve as
the City's Preserve Management and Monitoring Plan. The OSMP provides a
framework to guide implementation of the HMP as described above. The
document was completed in May 2004, revised with agency comments, and
approved by the Wildlife Agencies in September, 2005.
Preserve Steward - As recommended by the OSMP, the City Council
approved a Preserve Steward position on August 15, 2006 to oversee the
management, monitoring, and reporting activities within the HMP preserve
system, to assist the City Planning Department with project compliance
review, and to serve as a liaison between the City, the Wildlife Agencies, and
the public. On August 16, 2006, the City contracted a private consulting firm
City of Carlsbad
First HMP Annual Report, January 2007 10
(Technology Associates) to fill the Preserve Steward role and to provide GIS
support.
3.2 Additional Measures Implemented by the City
In addition to the HMP implementation measures required by the I A, the City of Carlsbad
has taken the initiative to conduct other activities to facilitate implementation,
compliance, and understanding of the HMP and associated state and federal regulations.
These include the preparation of guidelines to assist with the project review process, zone
code amendments additional to those required in the IA, training workshops that have
been conducted for City Staff, and informal Agency consultations. These measures are
summarized below.
3.2.1 Guideline Preparation
The City has identified a series of guidelines that will be prepared to help applicants
understand pertinent HMP issues and obligations, and to assist City staff to evaluate and
approve project plans. The guidelines will be submitted for Agency review and approval.
The list below describes the guidelines and status of each.
1. Guidelines for Habitat Creation and Restoration - To assist with the revegetation
(creation, restoration, and enhancement) portion of mitigation programs or
preserve management projects.
STATUS: Final draft completed by City staff January 2005.
2. Guidelines for Biological Studies - To assist with project-specific biological
surveys, assessments, monitoring, and reporting procedures.
STATUS: First draft completed by Technology Associates November 2006;
currently undergoing City review.
3. Guidelines for Wetland Avoidance and Buffers - To assist with project-specific
wetlands surveys, assessments, avoidance, buffers, and unavoidable impacts.
STATUS: In preparation.
4. Guidelines for Habitat and Preserve Management Plans - To assist with area-
specific management and monitoring planning, including threat assessment,
prioritization of management objectives and actions, incorporation of adaptive
management pilot studies, hypothesis testing, data collection, data management,
and development of success criteria.
STATUS: In preparation.
City of Carlsbad
First HMP Annual Report, January 2007 11
3.2.2 Additional Zoning Ordinance Amendments
The following is a list of Zone Code Amendments and Local Coastal Program
Amendments, in addition to those mentioned above in section 3.1, that include provisions
related to HMP implementation. Dates of approval are given at the end of each list item.
1. Revisions to the Open Space Zone (§ 21.33) to establish permitted uses on HMP
preserve lands. Approved by the Planning Commission on December 7, 2005 and
by the City Council on March 7, 2006. Submitted to the California Coastal
Commission on April 3, 2006 - awaiting approval. Permitted uses include:
a) Management, maintenance, and monitoring activities conducted by the
preserve manager, as approved by the City and regulatory agencies.
b) Planting and maintaining locally native landscaping elements in order to
restore or enhance the habitat area as approved by the City and regulatory
agencies.
c) Trails that are approved as part of the citywide trails program, are located
in conformance the HMP, and are approved by the City and regulatory
agencies.
d) Passive recreation such as hiking, picnicking and bird-watching if
approved by the City and regulatory agencies.
e) Additional easements that are consistent with the HMP and approved by
the Agencies.
f) Fencing, as required by the preserve manager and approved by the
Agencies, which does not adversely affect wildlife movement.
g) Signage which identifies the property as habitat preserve and informs
preserve users of the property restrictions.
h) Other, minor ancillary uses or structures which have been specifically
approved in the HMP or as approved by the City and regulatory agencies.
This does not include fuel modification activities or structures that are
ancillary to a project development such as storm drains or detention
basins.
2. Revisions to the Hillside Development Regulations (§ 21.95) to allow
modifications to hillside development standards for HMP compliance. Approved
by the Planning Commission on December 7, 2005 and by the City Council on
March 7, 2006. Submitted to the California Coastal Commission on April 3, 2006
- awaiting approval.
3. Revisions to the Coastal Resource Protection Overlay Zone (§ 21.203) to allow
modifications to some coastal development standards for HMP compliance.
Approved by the Planning Commission on December 7, 2005 and by the City
Council on March 7, 2006. Submitted to the California Coastal Commission on
April 3, 2006 - awaiting approval.
City of Carlsbad
First HMP Annual Report, January 2007 12
3.2.3 Training Workshops Conducted for City Staff
The following workshops were given to train and update City staff regarding project level
compliance monitoring (review of pre-development plans and post-construction
conformance review), development standards, and guidelines required for development
adjacent to preserve areas.
December 2004 - HMP Implementation Workshop #1. To instruct staff regarding the
structure and contents of the HMP. Items discussed include hardline and standards
preserve areas, mitigation ratios, additional requirements in the Coastal Zone, and
property specific development standards.
August 2, 2005 - HMP Implementation Workshop #2. To discuss HMP
implementation experiences, provide updates on HMP related items, and develop
strategies and priorities for future HMP project processing. Items discussed included
strategy for HMP implementation, HMP project processing and CEQA review, preserve
management requirements, and fire suppression issues.
March 8, 2006 - HMP Implementation Workshop #3. To update staff on HMP
implementation tools, procedures, and policies, and to provide a forum for open
discussion of HMP implementation experiences. Items discussed included status on HMP
implementation issues, such as implementing ordinances, mitigation fee program, Open
Space Management Plan, HMP compliance findings, and conservation easements.
3.2.4 Informal Agency Consultations
To facilitate communication with the Wildlife Agencies, the City has established a
standing monthly meeting schedule with the agencies, appropriate City staff, and the
Preserve Steward. The purpose of these meetings is to provide a venue to discuss project
specific HMP compliance, preserve management issues, and HMP implementation.
4.0 Acquisitions
No land acquisitions occurred during the review period. However, in October 2005, the
City Council created the Proposition C Open Space Trails Ad Hoc Citizen's Committee
for the purpose of creating a prioritized list of potential open space and trail linkage
City of Carlsbad
First HMP Annual Report, January 2007 13
property acquisitions using the funds made available by the passage of local Proposition
C. Any appropriate lands acquired as a result of this committee's recommendations will
be included in the City's HP Preserve.
5.0 Status of Mitigation Banks
A mitigation bank is a site on which upland and/or wetland habitat is preserved, restored,
or created to serve as compensation for project-related impacts to sensitive natural
communities or sensitive species. Mitigation credits, in the form of preserved land within
the mitigation bank, may be purchased by the landowner of the project site at a ratio
predetermined by the Wildlife Agencies (see HMP Table 11). Mitigation banking allows
the City of Carlsbad to consolidate protected parcels into larger, contiguous blocks rather
than preserving smaller, isolated fragments. Larger blocks of habitat are essential to the
survival of sensitive species, such as the federally threatened coastal California
Gnatcatcher (Polioptila californica californica), by providing enough space for breeding,
foraging, and the establishment of territories; by providing avenues for wildlife
movement and genetic flow, and by reducing edge effects. Several mitigation banks have
been or are in the process of being established within the HMP area. A description and
status of each are provided below.
Carlsbad Highlands Mitigation Bank
The Carlsbad Highlands Mitigation Bank consists of 263 acres of primarily upland
habitats, including coastal sage scrub.
STATUS: Approved by the City in 1993, and by USFWS and CDFG in 1995. More
information will be provided in Annual Report #2 .
Calavera Heights Mitigation Bank
The Calavera Heights Mitigation Bank consists of 110 acres of upland habitats including
coastal sage scrub. The site was set aside as mitigation for the development of two
residential villages within the Calavera Hills Master Plan
STATUS: Mitigation Agreement between the City of Carlsbad and Lyon/Copley
Carlsabad Associates, L.P. on March 15, 1993.
Lake Calavera Mitigation Bank
Lake Calavera Mitigation Bank is a 266 acre property which was set aside by the City to
serve as a public project mitigation bank for municipal projects. Credits will be deducted
City of Carlsbad
First HMP Annual Report, January 2007 14
as needed for project related impacts on an acre-for-acre basis rather than by a collection
of fees. No credits will be sold to outside entities.
STATUS: A conservation easement has been recorded for the Lake Calavera Mitigation
Bank, and management and monitoring will be provided by Center for Lands
Management (CNLM). A formal Mitigation Bank Agreement has not yet been
finalized by the City and Wildlife Agencies for this mitigation bank. A formal
Agreement will permanently protect the site and ensure continued
management and monitoring. Because no money will exchange hands and
because both projects and mitigation land will involve only the City, the
Agencies have given the City approval to pre-debit mitigation credits while
the Agreement is being finalized. To date, approximately 80.1 mitigation
credits have been pre-debited from the bank for public projects (Table 5).
Table 5. Mitigation Credits Pre-debited from Lake Calavera Mitigation Bank
Project
Total Property Size
Pre-Banking Debits
1 . 100-ft wide fire break on N boundary
2. Police shooting range
Total Acreage of Credits
Project-Related Debits
1. Municipal Golf Course
2. Hub park
3. Poinsettia Lane Bridge Widening
4. South Agua Hedionda Sewer Interceptor
5. Approved Future Projects
a) Water District projects
Total Debits
Ending Number of Credits
Acres1
266.1
17.6
10.0
238.5
20.0 (and 2 pair gnatcatchers)
10.0
0.3
0.2
22.0
52.5
186.0
1 Rounded to the nearest tenth of an acre.
City of Carlsbad
First HMP Annual Report, January 2007 15
North County Habitat Bank
The North County Habitat Bank is an 18.73 acre parcel that consists of approximately
15.7 acres of wetland and riparian habitat that can be sold as mitigation credits for
impacts from development projects in the service area.
STATUS: City Council approved the following on October 18, 2005: Zone Change (ZC
04-11), General Plan Amendment (GP 04-15), and Local Coastal Program
Amendment (LCPA 04-13) to change land use designations from Planned
Industrial and Open Space (PI/OS) to OS and to change Limited Control (L-
C) to OS. The Planning Commission approved the Conditional Use Permit
(CUP) to create the mitigation bank on September 7, 2005. The credits will
not be available for use until a mitigation banking agreement is signed, a
conservation is easement recorded, and a non-wasting endowment is
established.
6.0 Project Review
Table 1 provides a list of the HMP-related projects processed subsequent to local HMP
approval in December 1999 until the end of the reporting period in October 2005. They
are grouped into two time periods: those processed prior to, and those processed after
final HMP approval and issuance of Take Authorization by the USFWS and CDFG
(November 2004). Open space preservation for projects approved prior to the final
approval of the HMP was negotiated since the City did not have authority to require
preservation to HMP standards. Most of these projects received their take authority
directly from the Wildlife Agencies.
Only those projects that affected the Preserve Area, City-owned Lake Calavera
Mitigation Bank, and the Gnatcatcher Core Area are listed below. Other projects within
the City during this period may have required mitigation for project impacts pursuant to
CEQA, but they did not involve any HMP-related issues.
City of Carlsbad
First HMP Annual Report, January 2007 16
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7.0 Key Management and Monitoring Activities
To protect open space lands in perpetuity, the HMP requires that a non-wasting
endowment be established to manage and monitor each preserve area. These funds will
be used for appropriate materials and activities, and a portion of the funds may be used to
hire a preserve manager to provide oversight. This section highlights the key
management and monitoring activities that have taken place within the city-wide preserve
system in the first year since the final approval of the HMP (November 2004). Because
biological resource conservation was ongoing several years prior to final HMP approval,
activities conducted during this time are also included where noted.
Pursuant to the HMP (Section F.I), IA (Section 14.4-14.5), and OSMP (Section 1.1),
each public or private landowner is responsible for the management of conserved lands
on their property. A list of preserve managers that have been contracted prior to, or
during the first annual reporting period is given in Table 2. In addition, to assist the
preserve managers in tracking the effectiveness of preserve management, a schedule of
planning and reporting has been established by the OSMP. First, preserve managers must
develop an area specific preserve management plan, which will describe the baseline
conditions of the individual preserve, assess threats to biological resources, and set long
term management and monitoring priorities and goals. Then, using this management plan
as a guide, an annual work plan describing the following year's goals and tasks, and an
annual report summarizing management and monitoring activities for the previous year
are to be submitted to the Wildlife Agencies at the end of each year. Table 3 provides a
list of area specific preserve management plans, annual work plans, and annual reports
that have been prepared through October 2005; and Table 4 summarizes year-one
management and monitoring activities for each preserve. Note that Tables 2 - 4 were
completed with currently available data, which will be verified for Annual Report #2. As
such, additional and/or more accurate information may be presented at that time.
8.0 Financial Summary
Financial summary information will be included in Annual Report #2.
City of Carlsbad
First HMP Annual Report, January 2007 20
Table 7. Year One Preserve Managers, November 2004 - October 2005.
Preserve
Manager1
TET2
TET2
TET2
TET2
TET2
UofC
CDFG,
KM
CDFG, KM
CDFG, TD
CDFG, KM
CSP
CNLM
CNLM
CNLM
KRHOA
AHOA
Landowner
RCHOA
Property
Summit
Encinitas Wetlands
Calavera Heights Mitigation
Property
Brodiaea filifolia Site
Batiquitos Lagoon Site
Dawson-Los Monos Reserve
Buena Vista Lagoon
Ecological Reserve
Agua Hedionda Lagoon
Ecological Reserve
Batiquitos Lagoon
Ecological Reserve
Carlsbad Highlands
Mitigation Bank
South Carlsbad State Beach
Lake Calavera
Municipal Golf Course
Veterans Memorial Park
and Hub Park
Kelly Ranch Open Space
Aviara
Villages of La Costa HCP
Rancho Carrillo Open Space
Acres
10.13
1.55
110
1
1.4
163
139
195
621
299
35
266
50
100
253
244
182
Comments
Extends into Vista; acreage in table is within
Carlsbad only
A portion of the lagoon is in Oceanside city
limits
Owned by the City
Owned by the City
Owned by the City. Not contiguous, but
managed as a single unit.
Covered under Fieldstone HCP
AMHOA -Aviara Master Home Owners Association; CDFG - California Department of Fish and Game (KM -Kim
McKee-Lewis; TD -Tim Dillingham); City - City of Carlsbad; CNLM - Markus Spiegelberg, Center for Natural
Lands Management; CSP - California State Parks; KRHOA - Kelly Ranch Master Home Owners Association; PS -
Planning Systems; RCHOA - Rancho Carrillo Master Home Owners Association; TET - The Environmental Trust;
U of C - University of California.
TET has filed for bankruptcy and, as such, the status of lands that were managed by TET is undetermined at this time.
City of Carlsbad
First HMP Annual Report, January 2007 21
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All Receive
March 15, 2007
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Mike Grim, Sr Planner
City of Carlsbad
1635 Faraday
Carlsbad, CA
Dear Mr. Grim :
Subject : Comments on HMP Annual Report Nov 04-Oct 2005
We realize that the city's first annual HMP report had very limited objectives, while on
the other hand, those of us who see this as setting the standard for north county had
expected much more. We reasonably expected an annual report consistent with the
description in the HMP. The HMP has clearly not been a high priority since the
Implementing Agreement was approved in November of 2004. Of the three
implementing actions required within one year of adoption: city ordinances, completion
of the first annual report, and funding, only one has been completed. We are hopeful that
with the Preserve Steward now on board, the next report will actually comply with the
HMP, the public lands will be actively managed, and adequate funds will have been
committed. The city holds these natural lands in trust for us all- and the city has not
taken this responsibility seriously.
The following are a few comments on the background information included in this first
annual report:
1.3.3 It is correct that the HMP identified the potential for 186 credits at the Lake
Calavera mitigation Bank, however, the final credits are yet to be determined,
pending approval of an actual bank agreement.
1.3 This section should also note the loss of the land manager for several hardline
preserve areas with the bankruptcy of TET, and that actions are in process to
establish another land manager for each of these parcels.
3.1 IA 11.4 Section should mention concerns about the consistency findings process
and what actions the city has/has not taken to address this.
3.1.1 IA 12.3 - Add note that the plan is still pending approval of the California Coastal
Commission.
3.2.1.1 Why is the habitat creation/restoration guideline still a draft?
Is this the complete list of planned guidelines? We request that another one be
added to include protection of wildlife movement corridors.
CITY OF CARLSBADCITY CLERK'S OFFICE
3.2.4 Other informal communications with stakeholder groups have been held and
should also be noted.
5.0 The existing banks should include who manages each, the underlying landowner,
the number of debits and credits remaining. The Calavera Heights Mitigation Bank
should note that the land is currently no longer being actively managed.
A detailed letter will be sent about the proposed Lake Calavera bank.
6.0 The HMP and MHCP assumed that a target level of conservation would be
achieved- with a significant amount coming from developer exactions. The HMP
details all natural lands in the city. Natural lands required as mitigation must still
be managed to the standards in the HMP. Why aren't all mitigation lands
included?
Table 6
Lake Calavera is not yet a mitigation bank. It should be referred to as proposed or
planned.
Seventeen of the 25 projects have no management entity in place- although many
are years past the initiation of construction. This is a critical issue as the HMP and
MHCP require that the resources are protected. What is the plan to assure that
every one of these properties is being managed to the standards of the HMP?
What is the schedule for having management in place and what action will be
taken if this schedule is not met?
Palomar Forum also has an issue with mitigation for NNG which was planned to
be an undercrossing of Palomar Airport Road. This unmitigated impact needs to
be acknowledged and corrected.
Table 7
Please note the underlying landowner for each property.
Table 8
Several annual reports were prepared for the Calavera Nature Preserve that were
not noted. They documented a significant drop in on site CCG.
Is there a planned completion date for all of the uncompleted PMP's?
Why are so many of the required annual reports not done? What penalties will be
imposed for failure to comply with the requirement to submit an annual report?
Table 9
Calavera Hills Phase II shows PMP completed in October 2002, but Table 9 data
is not current-why?
Why is there no current information on Batiquitos Lagoon?
Feasibility Study for restoration/management of Calavera Nature Preserve was
completed in 2005, but the land remains unmanaged-why?
Thank you for your consideration of these comments. We look forward to seeing the
"real" annual report soon.
Sincerely,
Diane Nygaard
On behalf of Preserve Calavera
Cc: David Zoutendyk USFWS, David Mayer CDFG.
Habitat Management Plan Habitat Management Plan Annual ReportAnnual ReportNovember 2004 November 2004 ––October 2005October 2005
BackgroundBackground•HMP and Implementing Agreement approved in November 2004.•City, Wildlife Agencies, and private landowners working together to assemble preserve and establish land management.•Public participation through environmental review documents, HMP related hearings, and other meetings.
HMP Annual ReportHMP Annual Report•Purpose is to monitor implementation of the HMP, discuss pertinent issues, and coordinate preserve management. •Report is submitted to the Wildlife Agencies for review and comment.•Includes public participation component.
First Annual ReportFirst Annual Report•Background information on HMP and baseline conditions.•Status of HMP Implementing Agreement tasks.•All HMP activities through October 2005.•Description of preserve management and monitoring on existing preserves.
Second Annual ReportSecond Annual Report•All HMP activities through December 2006•Quantified gains and losses of habitat using Habitrak.•Detailed biological information regarding existing preserves and covered species.•Budget summaries and status of endowments.
HMP ImplementationHMP Implementation
HMP Implementation TasksHMP Implementation Tasks•General Plan text and map amendments•Open Space Management Plan•HMP Mitigation Fee Program•HMP Implementing Ordinances•Preserve Steward•Preserve Manager•Lake Calavera City Mitigation Bank
General Plan AmendmentsGeneral Plan Amendments•Text amendments to Land Use and Open Space and Conservation Elements:– Approved by City Council in July 2005.•Map amendments to designate preserve as Open Space:– Approved by City Council in February 2006
Open Space Management PlanOpen Space Management Plan•Framework for preserve assembly, open space management issues, and biological monitoring and reporting:– Approved by City Council in December 2005.– Under review by the California Coastal Commission.
HMP Mitigation Fee ProgramHMP Mitigation Fee Program•Collect funds from development to complete the acquisition of habitat in the County Gnatcatcher Core Area:– Approved by City Council in July 2000.– Revised Fee Program approved by City Council in January 2006.
HMP Implementing OrdinancesHMP Implementing Ordinances•New chapter in Zoning Ordinance for HMP compliance and permit processing and revisions to other code sections:– Approved by City Council in March 2006.– Under review by the California Coastal Commission.
Preserve StewardPreserve Steward•Oversees all Preserve Managers, provides scientific-based technical guidance, and assists with compliance monitoring and reporting:– Authorized by City Council in December 2005.– Contract with TAIC approved by City Council in August 2006.
Preserve ManagerPreserve Manager•Conservation Entity to maintain, manage, and monitor City owned HMP preserve areas:– Currently negotiating with Center for Natural Lands Management.– Draft Preserve Management Plan received in January 2007.– Will be included in FY 2007-2008 budget.
Lake Lake CalaveraCalaveraMitigation BankMitigation Bank•City-owned property to serve as mitigation site for certain upland habitat impacts from City projects only:– Requires Mitigation Bank Agreement with Department of Fish and Game.– Currently discussing details and structure of agreement.
Preserve ManagementPreserve ManagementIssues and ConstraintsIssues and Constraints
Preserve ManagementPreserve Management•Principal preserve managers are:– Center for Natural Lands Management– Department of Fish and Game– University of California– Large Homeowner’s Associations
Management IssuesManagement Issues•Primary management issues continue to be:– Invasive species control– Trespassing and encampments– Garbage removal– Fencing repairs, kiosk and sign installation
Challenges and ConstraintsChallenges and Constraints•Very few conservation entities available for preserve management to HMP standards.•Lack of commonly acceptable template for Conservation Easements.•Lack of available land for project mitigation, especially within the Coastal Zone.
SummarySummary•HMP Implementation tasks are almost completed.•HMP Preserve lands are being secured; management and monitoring is following.•City and Wildlife Agencies continue to work together on the systems and structures to implement the HMP.
Habitat Management Plan Habitat Management Plan Annual ReportAnnual ReportNovember 2004 November 2004 ––October 2005October 2005