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HomeMy WebLinkAboutPRE 2022-0011; SB 330 PRELIMINARY APPLICATION - 7290 PONTO DRIVE; BIOLOGICAL RESOURCES LETTER; 2022-03-08 1 of 6 March 8, 2022 H.G. Fenton Company Mr. Dave Gatzke 7577 Mission Valley Road San Diego, CA 92108 Subject: Biological Resources on the Ponto Site in Carlsbad, California Dear Mr. Gatzke: This letter provides the results of a biological constraints analysis conducted for the approximately Ponto project site located in the City of Carlsbad (City), California (Figure 1). The analysis was conducted to assess existing biological conditions on site, potential development constraints, and potential impacts and mitigation measures associated with future proposed development. INTRODUCTION The Ponto project site (APNs 214-160-25, 214-160-28, 214-171-11) is approximately 5.3 acres in size and is located at 7290 Ponto Drive (Figure 2). The proposed project is the redevelopment of an existing 4.68 acre self-storage facility and junkyard into 86 (18.37du/ac) rowhomes, townhomes, and triplexes. The mix of units consists of eight 2-bedroom units, 40 3-bedroom units, and 38 4-bedroom units. The project will include 15% of the units as affordable to low- income and will utilize a density bonus which would allow for up to 19.125du/ac. The rowhomes and townhomes will be 3-story and the triplexes will be 2-story. The General Plan Designation for the site is R-15/VC Q for two of the parcels and R-15 for the third and the zoning of the site is RD-M-Q/C-T- and RD-M-Q respectively. Site improvements consist of an internal primary arterial street, dog park, and additional open space. Existing dry utilities will be undergrounded and new water and stormwater connections will be made to existing facilities in Ponto Drive. A private lift station will serve a new sewer connection east of the railroad tracks. Off-site improvements consist of curb and gutter along Ponto Road and Ponto Drive. An additional right-of-way dedication may be considered for the extension of Ponto Drive east along the southern property line if it is determined to be necessary. Development of the site is subject to City and State plans and policies as follows. Habitat Management Plan for Natural Communities The City’s Habitat Management Plan for Natural Communities (HMP; 2004) is a comprehensive, citywide program to identify how the City, in cooperation with federal and State of California (State) wildlife agencies, can preserve habitat diversity 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 defines the City’s contribution to regional efforts to conserve coastal sage scrub habitat under California’s Natural Community Conservation Planning program and allows the City to fulfill its federal and State 2 of 6 Endangered Species Acts requirements for certain species through compliance with the HMP. The HMP is Carlsbad’s Subarea Plan within the North County Multiple Habitat Conservation Plan (MHCP), which is a comprehensive conservation planning process that addresses the needs of multiple plant and animal species (i.e., HMP Covered Species) in northwestern San Diego County (i.e., Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista). Based on existing distribution of vegetation and sensitive species, the HMP includes Focus Planning Areas (FPAs) that consist of HMP Cores, Linkages, and Special Resource Areas that serve as a basis for biological planning for the establishment of a Preserve System. Using the FPAs as a foundation, the HMP identifies a Preserve System that consists of Existing Hardline Preserve Areas, Proposed Hardline Preserve Areas, and Proposed Standards Areas. The project site is not located within any FPA or any corresponding HMP Core, Linkage, or Special Resource Area, and is not located within the Preserve System (Figure 2). California Coastal Act A significant concern of the California Coastal Commission (CCC) associated with the draft Ponto Beachfront Village Vision Plan (Vision Plan; RBF Consulting 2005) relates to potential impacts to wetlands (CCC 2010). The Coastal Act as well as the City's certified Land Use Plan, contains several policies protecting wetlands. These policies prohibit impacts to wetlands associated with private development. The draft Vision Plan does include language protecting "jurisdictional" wetland habitats and makes reference to a biological survey/report completed for the area. It identifies areas of jurisdictional wetlands, as defined by the U.S. Army Corps of Engineers (Corps), and California Department of Fish and Wildlife’s (CDFW) "three parameter method." The three-parameter method requires that all three of the common indicators of wetland habitat (hydric soils, hydrophytes, and the presence of surface water or saturated substrate at some time during each year) be present. However, the Coastal Act employs a one- parameter method; therefore, it only requires that one of these common wetland indicators be present at any given time. Impacts to wetlands (if present), both direct and indirect, may be inconsistent with the Coastal Act. City Mello II Policy 3-1.13 Invasive Plants The use of invasive plant species in the landscaping for developments such as those identified in Table 12 of the HMP shall be prohibited (CCC 2010). The draft Vision Plan includes a list of the types of landscaping recommended for developments within the Ponto Region. Mexican fan palm (Washingtonia robusta) is one of the listed types of promoted vegetation, and this species is present in association with developed land (Attachment A). However, the California Native Plant Society lists Mexican fan palm as an invasive species. Coastal Act Section 30240 protects environmentally sensitive habitat areas and requires that they be protected against significant disruption. By allowing invasive species to be included in the recommended plant palette in the Vision Plan, the CCC states that the City risks that these species will become established in areas with sensitive habitat, causing significant disruption in the health of these native habitat areas. The draft Vision Plan does include language that 3 of 6 promotes the planting of native habitat, but without prohibiting the invasive species, the potential for impacts to sensitive habitats is significant and inconsistent with Section 30240 of the Coastal Act (CCC 2010). Therefore, any landscaping on the project must not use any species listed in Table 12 of the HMP, and it is further recommended by Alden that no plant species rated as Moderate or High risk for invasiveness in the California Invasive Plant Council’s (Cal-IPC) Inventory of Invasive Plants (Cal-IPC 2021) be used in landscaping. METHODS As part of its analysis, Alden Environmental, Inc. (Alden) reviewed previous biological data for the parcels provided in the draft Vision Plan. Alden also reviewed the HMP and queried the California Natural Diversity Database (CNDDB) and U.S. Fish and Wildlife Service (USFWS) database for information about special status species observed on the parcels or in the vicinity and for the presence/absence of USFWS Critical Habitat. On May 19, 2021, Alden biologist Greg Mason, surveyed the site on foot and mapped vegetation communities and potential jurisdictional features; made lists of plant species observed and animal species observed or detected (Attachments A and B, respectively); and took representative photographs of the parcel conditions (Attachment C; Figure 3). No focused surveys for special status species were conducted, nor was a formal delineation of potential U.S. Army Corps of Engineers (Corps), California Regional Water Quality Control Board (RWQCB), CDFW, and CCC jurisdictional features. The site was evaluated for the potential for such species and features to occur, however. EXISTING CONDITIONS The site supports developed and undeveloped land. Elevation ranges from approximately 40 to 50 feet above mean sea level. Soil consists of Marina loamy coarse sand (two to nine percent slopes). Aerial imagery as far back as 1947 shows visible ground disturbance on site, and aerial imagery from 1978 shows the built Ponto Storage facility (Nationwide Environmental Title Research, LLC 2021). Vegetation, potential jurisdictional features, and special status plant and animal species are addressed below. Vegetation Communities The HMP mapped the site as urban/disturbed. The site was found to support disturbed habitat and developed land during the field visit. Neither disturbed habitat nor developed land is considered a sensitive biological resource. Disturbed Habitat Disturbed habitat typically includes land cleared of vegetation, land containing a preponderance of non-native plant species, or land showing signs of past or present usage that no longer provides viable wildlife habitat. Such areas may include dirt roads, graded areas, and dump sites where no native or naturalized species remain. Disturbed habitat on the site is supports a preponderance of non-native plant species such as Hottentot’s fig (Carpobrotus edulis), sweet 4 of 6 fennel (Foeniculum vulgare), and Bermuda grass (Cynodon dactylon; Attachment A). A total of 2.0 acres of disturbed habitat were mapped on the site (Figure 3) Developed Developed land consists of a nursery/landscape service yard, the Ponto Storage facility and its outbuildings, concrete foundations, and some associated non-native landscaping plants such as Mexican fan palm and coppery mesembryanthemum (Malephora crocea). A total of 3.3 acres of developed land were mapped on site (Figure 3). Potential Jurisdictional Features The “jurisdictional” drainage/wetland noted in the Vision Plan is located entirely off site and south of the project site limits and would not be affected by the proposed project. There are no wetland/riparian features on the project site that would be considered jurisdictional to the regulatory agencies and require permits. Special Status Plant Species No special status plant species were observed on the site and the survey was conducted during the bloom period for most annual species. Based on the results of the field visit and the developed and highly disturbed condition of the site, no special status plant species are considered to have potential to occur. Special Status Animal Species No special status animal species were observed/detected on the site. However, based on the developed and highly disturbed condition of the site, no special status animal species are considered to have potential to occur. Animal species that were observed/detected on the parcels are common in coastal urban/suburban San Diego County (Attachment B). PROJECT IMPACTS Vegetation Communities The project would occur entirely within non-sensitive developed land and disturbed habitat (Figure 3). The project would not result in any direct or indirect impacts to vegetation communities considered sensitive by the City and/or the regulatory agencies. Sensitive Plant Species No sensitive plant species were observed on site and none are anticipated as the site is in a developed/disturbed condition. Impacts to sensitive plant species would not occur. 5 of 6 Sensitive Animal Species No sensitive animal species were observed within the proposed project development area and none would occur given its disturbed/developed nature. Jurisdictional Features The project would not impact any area that would be considered jurisdictional by the Corps, CDFW, RWQCB, CCC, or the City; therefore, no permits or mitigation would be required. CONCLUSION The Ponto site is not located within any FPA or any corresponding HMP Core, Linkage, or Special Resource Area, and is not located within the Preserve System. The site is entirely developed and disturbed. There are no sensitive vegetation communities present; no special status plant or animal species were observed/detected; and none is considered to have potential to occur based on the parcels’ conditions. Finally, the site does not support and wetland/riparian features that would be jurisdictional to the City and/or regulatory agencies. Please call me if you have any questions. Sincerely, Greg Mason Principal/Senior Biologist Enclosures: Figure 1 – Regional Location Figure 2 – Project Vicinity Figure 3 – Biological Resources Attachments: A – Plant Species Observed B – Animal Species Observed/Detected C – Representative Photographs 6 of 6 References: California Coastal Commission. 2010. Revised Findings for City of Carlsbad LCP Amendment No. 3-07B (Ponto Beachfront Vision Plan) for Commission Meeting of August 11-13, 2010. California Invasive Plant Council. 2021. The Cal-IPC Inventory. https://www.cal- ipc.org/plants/inventory/ City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. Final Approval November 2004, including implementing agreement and terms and conditions. Nationwide Environmental Title Research, LLC. 2021. Historic Aerials by NETRONLINE. https://www.historicaerials.com/viewer RBF Consulting. 2005. Ponto Beachfront Village Vision Plan. Draft Plan – May. Prepared for the City of Carlsbad. !Project Site !"a$ ?t Ag A¦ ?n !"_$ %&s( !"^$ A¸ !"^$!"a$ San Diego Figure 1 0 42Miles ²Regional Location PONTO PARCELS Ca r l s b a d B l v d Poinsettia Ln La Costa Ave !"^$ Pacific Ocean Batiquitos LagoonPonto D r A v e n id a Encinas Batiquitos Dr Source: City of CarlsbadAerial Photo: USDA NAIP 2020 Figure 2 0 1,000500Feet ²Project Vicinity PONTO PARCELS Project BoundaryHabitat Management PlanExisting HardlineFocus Planning AreaCore C a r l s b a d B l v d Ponto Dr 15 14 13 12 11 1098 765 4 321 FFFF FFFFFFFFFFF Property LimitsProject Boundary FPhoto LocationVegetationDisturbed HabitatDeveloped Figure 3 0 12060Feet ²Biological Resources PONTO PARCELS ATTACHMENT A PLANT SPECIES OBSERVED SCIENTIFIC NAME COMMON NAME VEGETATION1 Aracaceae – Palm Family Washingtonia robusta2 Mexican fan palm DEV Poaceae – Grass Family Bromus diandrus2 ripgut grass DH Cynodon dactylon2 Bermuda grass DH Pennisetum setaceum2 fountain grass DH/DEV Anacardiaceae – Sumac Family Rhus integrifolia lemonadeberry DH Apiaceae – Carrot Family Foeniculum vulgare2 sweet fennel DH Aizoaceae – Ice Plant Family Carpobrotus edulis2 Hottentot’s fig DH/DEV Malephora crocea2 coppery mesembryanthemum DEV Mesembryanthemum crystallinum2 crystalline iceplant DH/DEV Asteraceae - Sunflower Family Baccharis pilularis coyote brush DH Encelia californica California encelia DH Hypochaeris glabra2 smooth cat’s-ear DH/DEV Matricaria discoidea pineapple weed DH Pseudognaphalium californicum California everlasting DH Xanthium strumarium2 cocklebur DH Brassicaceae – Mustard Family Brassica nigra2 black mustard DH/DEV Sisymbrium sp.2 London rocket DH Chenopodiaceae Goosefoot Family Salsola australis2 Russian thistle DH Fabaceae – Pea Family Acmispon glaber deerweed DH Melilotus indicus2 Indian sweet clover DH/DEV Geraniaceae – Geranium Family Erodium botrys2 storksbill DH/DEV Myrtaceae – Myrtle Family Callistemon citrinus2 crimson bottlebrush DEV ATTACHMENT A (cont.) PLANT SPECIES OBSERVED SCIENTIFIC NAME COMMON NAME VEGETATION1 Polygonaceae – Buckwheat Family Eriogonum fasciculatum California buckwheat DH Primulaceae – Primrose Family Anagallis arvensis2 scarlet pimpernel DH/DEV Solanaceae – Nightshade Family Nicotiana glauca2 tree tobacco DH 1 Vegetation community acronyms: DH = disturbed habitat; DEV = developed 2 Non-native species ATTACHMENT B ANIMAL SPECIES OBSERVED/DETECTED SCIENTIFIC NAME COMMON NAME Reptiles Sceloporus occidentalis western fence lizard Birds Calypte anna Anna’s hummingbird Carpodacus mexicanus house finch Buteo jamaicensis red tailed hawk (flyover) Stelgidopteryx serripennis northern rough-winged swallow Larus californicus California gull Mimus polyglottos northern mockingbird Zenaida macroura mourning dove Mammals Otopermophilus beecheyi California ground squirrel Canis latrans coyote Sylvilagus audubonii Cottontail rabbit Thomomys bottae San Diego pocket gopher Representative Photographs Photo Point 1. 05/19/21 Photo Point 2. 05/19/21 Photo Point 3. 05/19/21 Photo Point 4. 05/19/21 Photo Point 5. 05/19/21 Photo Point 6. 05/19/21 Photo Point 7. 05/19/21 Photo Point 8. 05/19/21 Photo Point 9. 05/19/21 Photo Point 10. 05/19/21 Photo Point 11. 05/19/21 Photo Point 12. 05/19/21 Photo Point 13. 05/19/21 Photo Point 14. 05/19/21 Photo Point 15. 05/19/21