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HomeMy WebLinkAboutCDP 13-30; De Anda Residence; Coastal Development Permit (CDP) (8)HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard Suite 200 La Mesa, CA 91942 IIIAII'IIIII Environmental Planning www.helixepi.com HELIX August 5, 2013 VDA-01 Ms. Veronica De Anda 1409 Turquoise Drive Carlsbad, CA 92011 Subject: Biological Resources Letter Report for the De Anda Residence Dear Ms. De Anda: This report summarizes the results of the general biological and jurisdictional delineation surveys conducted on the subject property and provides recommendations with respect to development constraints and adherence to the City of Carlsbad's Habitat Management Plan (HMP), Carlsbad Local Coastal Program (LCP), and other local, state, and federal^requirements pertaining to biological resources. PROPERTY LOCATION AND DESCRIPTION The project site is generally located within the northwestern portion of San Diego County in the City of Carlsbad (City), Califomia (Figure 1). More specifically, the project site is situated on the western side of Jefferson Street, south of the intersection of Las Flores Drive, and is shown on the U.S. Geological Survey 7.5-minute San Luis Rey quadrangle map in Section 36, Township 11 South, and Range 5 West (Figures 2 and 3). The site consists of a single parcel (Assessor's Parcel Number 155-140-41) encompassing approximately 0.38 acre. Topography on site consists of a flat area adjacent to Jefferson Street and a steep west-facing slope leading downhill to Buena Vista Lagoon. Elevations on site range from approximately 20 feet above mean sea level (amsl) along the western site boundary near Buena Vista Lagoon to approximately 70 feet amsl along the eastern site boundary adjacent to Jefferson Street. The majority of soils on site are mapped as terrace escarpments, with the extreme western edge mapped as lagoon water (Bowman 1973). The site consists of vacant land primarily supporting non-native vegetation communities. Letter to Ms. Veronica De Anda Page 2 of 14 Augusts, 2013 Surrounding land uses consist of single- and multi-family residential development to the north and south, and Jefferson Street immediately to the east. The eastern side of Jefferson Street has additional single-family residential housing. The Buena Vista Lagoon lies to the west of the site. The proposed project would develop a single-family residence on the eastern portion of the site adjacent to Jefferson Street. METHODS Prior to conducting biological field surveys, searches of the Califomia Department of Fish and Wildlife (CDFW) Califomia Natural Diversity Database (CNDDB) and U.S. Fish and Wildlife Service (USFWS) sensitive species database were performed for information regarding sensitive species known to occur within the vicinity of the site. Sensitive species are those that have been given special recognition by federal, state, or local govemment agencies and organizations because of limited, declining, or threatened populations. Focused surveys for rare plants and listed or sensitive animal species were not conducted as part of this survey and report. HELIX biologist Stacy Nigro conducted a general biological survey and jurisdictional delineation of the site on June 20, 2013. Vegetation was mapped on a I'-TS' scale aerial photograph. The site was surveyed on foot with the aid of binoculars. All plant and animal species observed or otherwise detected during the survey were recorded in field notes and on the aerial photograph (Appendices A and B). Animal identifications were made in the field by direct, visual observation, or indirectly by detection of calls, burrows, tracks, or scat. All plant identifications were made in the field or in the lab through comparison with voucher specimens or photographs. However, the lists of species identified are not necessarily comprehensive accounts of all species that occur on the site, as species that are nocturnal, secretive, or seasonally restricted may not have been observed. No focused surveys for sensitive plant or animal species have been conducted to date. A jurisdictional delineation was conducted to identify and map potential jurisdictional waters and wetlands, including waters of the U.S. subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers (USAGE) pursuant to Section 404 of the federal Clean Water Act (GWA); streambed and riparian habitat subject to the regulatory jurisdiction of the CDFW pursuant to Section 1600 ofthe Califomia Fish and Game Code; and coastal wetlands subject to the regulatory jurisdiction of the City of Carlsbad pursuant to the Carlsbad LCP and Coastal Resource Protection Overlay Zone (CRPOZ) Ordinance. Potential CDFW jurisdictional boundaries were determined based on the presence of riparian vegetation or regular surface flow. Streambeds within CDFW jurisdiction were delineated based on the definition of streambed as "a body of water that flows at least periodically or intermittently through a bed or channel having banks and supporting fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports riparian vegetation" (Title 14, Secfion 1.72). Riparian habitat is not defined in Title 14, but the section refers to vegetation and habitat associated with a stream. CDFW jurisdictional habitat includes all riparian shrub or tree canopy that may extend beyond the banks of a stream. Emtommtat Ptanning Letter to Ms. Veronica De Anda August 5, 2013 Page 3 of 14 Potential Carlsbad LCP coastal wetland boundaries were determined using the wetland definition in Section 30121 of the Cahfomia Coastal Act. "Wetland" means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Coastal wetland boundaries were determined based on the presence of a single wetland criterion, meaning that a dominance of hydrophytic vegetation, hydric soils, or wetland hydrology was present. For the purposes of this study, potential USAGE jurisdictional boundaries were determined based on a dominance of hydrophytic vegetation, presumed hydric soil conditions, and presence of wetland hydrology indicators within suspected wetlands that abut and are immediately adjacent to Buena Vista Lagoon, which is a traditional navigable water (TNW). Plants were identified according to Baldwin et al. (2012), and Galflora (2013) was used to augment common names. Wetland affiliations of plant species follow The National Wetland Plant List (Lichvar 2012). Nomenclature used in this report follows Holland (1986) or Oberbauer (2008) for vegetation communities. Heath (2004) for butterflies, Crother (2008) for reptiles, the American Ornithologists' Union (2011) for birds, and Baker et al. (2003) for mammals. EXISTING CONDITIONS Vegetation Communities/Habitats Vegetation communities or habitat types are classified in this report according to the Carlsbad HMP (City of Carlsbad 2004), with fiirther guidance from Holland (1986) and Oberbauer (2008). The Carlsbad HMP divides vegetation communities into 6 Habitat Groups (A through F), as shown below within Table 1. Table 1 CARLSBAD HMP HABITAT GROUPS HABITAT GROUP HABITAT TYPE AND DESCRIPTION A Coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/mudflats, riparian forest, riparian woodland, riparian scmb, vernal pools, disturbed wetlands, flood channel, freshwater, Engelmann oak woodland, coast live oak woodland B Beach, southem coastal bluff scmb, maritime succulent scmb, southem maritime chaparral, native grassland C Gnatcatcher-occupied coastal sage scmb D Unoccupied coastal sage scmb, coastal sage/chaparral mix, chaparral (excluding southem maritime chaparral) E Annual (non-native) grassland F Disturbed land, eucalyptus, agricultural lands MCI IV Enmmmenl^ Wwwins Letter to Ms. Veronica De Anda August 5,2013 Page 4 of 14 As depicted on the attached Figure 4, four vegetation communities and developed land occur on the site (Table 1; Figure 4). These communities are summarized below in Table 2, along with their corresponding Carlsbad HMP Habitat Group. Table 2 EXISTING VEGETATION COMMUNITIES/HABITATS VEGETATION COMMUNITY/HABITAT* ACRE(S)** Group A - Wetland/Riparian Southem willow scmb 0.01 Group E - Annual Grasslands Non-native grassland 0.26 Group F - Other Lands Non-native vegetation 0.03 Disturbed land 0.06 Developed areas 0.02 TOTAL 0.38 *Cominunity names and codes are from Holland (1986) and Oberbauer (2008). **Rounded to the nearest hundredth. Southern Willow Scrub Southem willow scmb consists of dense, broadleaved, winter-deciduous stands of trees dominated by shmbby willows (Salix sp.), usually in association with mule fat {Baccharis salicifolia). This habitat occurs on loose, sandy or fine gravelly alluvium deposited near stream channels during flood flows. The southem willow scmb occurs on site is dominated by arroyo willow {Salix lasiolepis), but also contains non-native species including castor-bean (Ricinus communis), garden nasturtium {Tropaeolum majus), and wild radish (Raphanus sativus). Southem willow scmb occurs in the westernmost portion ofthe site at the base of the slope near the edge of Buena Vista Lagoon and encompasses approximately 0.01 acre (Table 2). Non-native Grassland Non-native grassland is dominated by non-native grass species but can also contain native grasses and native and non-native forbs. Non-native grassland on site consists primarily of non-native species, predominately rip gut grass (Bromus diandrus) and wild oats (Avena sp.), with lesser coverage by barley {Hordeum sp.), cheeseweed {Malva parviflord), black mustard {Brassica nigra), and wild radish. Four native species also were observed: calabazilla {Cucurbita foetidissima), westem ragweed {Ambrosiapsilostacyha), jimsoimeed {Datura wrightii), and lemonadeberry {Rhus integrifolia [one individual]). Non-native grassland covers the majority ofthe site, totaling approximately 0.26 acre (Table 2). HELIX Btmiommtal Pimming Letter to Ms. Veronica De Anda Page 5 of 14 August 5,2013 Non-native Vegetation Non-native vegetation consists of cultivated plants that have naturalized into otherwise native habitat areas or were put in place by humans, usually for the purpose of beautification, windbreaks, or other related purposes, and are no longer maintained. Non-native vegetation on site consists of a patch of hottentot-fig {Carpobrotus edulis) in the southwestern comer. This community occupies approximately 0.03 acre on site (Table 2). Disturbed Land Disturbed land is devoid of vegetation due to soil disturbance (dirt roads and/or grading) or is dominated by exotic, annual forbs without a major grass component. Disturbed land on site consists of bare areas as well as areas supporting a variety of weedy non-natives, including cheeseweed, Russian thistle {Salsola tragus), spotted spurge {Chamaesyce maculata), filaree {Erodium sp.), fleabane {Erigeron bonariensis), and castor-bean. Disturbed land comprises approximately 0.6 acre on site (Table 2). Developed Developed land is that where either permanent stmctures and/or pavement have been placed or maintained landscaping occurs. Approximately 0.02 acre of developed land occurs in the eastem portion of the site, consisting of a concrete pad (Table 2). Sensitive Biological Resources Sensitive biological resources are those generally defined as (1) habitat areas or vegetation communities that are unique, of relatively limited distribution, or of particular value to wildlife; and (2) species that have been given special recognition by federal, state, or local govemment agencies and organizations due to limited, declining, or threatened populations. Sensitive Vegetation Communities A single sensitive vegetation community, southem willow scmb, comprises 0.01 acre along the westem boundary of the site (Figure 4; Table 1). Sensitive Plant Species A total of 25 plant species were observed on site during the June 20, 2013 general biological survey, none of which are federal, state, or HMP sensitive plant species (Attachment A). The site has very low potential to support any sensitive plant species, and no listed plant species are expected to occur. Refer to Attachment C for additional discussion regarding the potential for sensitive plant species to occur. HELIX Environments Planning Letter to Ms. Veronica De Anda Augusts, 2013 Sensitive Animal Species Page 6 of 14 A total of 18 animal species were observed or detected during the June 20, 2013 general biological survey, including 4 insect, 1 amphibian, 10 bird, and 3 mammal species (Attachment B). None of the observed or detected species are federal, state, or HMP sensitive animal species The potential for sensitive animal species to occur on site is considered low due to its small size, poor habitat quality, and adjacency to existing development on 3 sides. Attachment D further discusses the potential for sensitive animal species to occur on site. Attachment E provides a listing and explanation of status codes for both plant and animal species. Jurisdictional Waters and Wetlands The information provided below presents HELIX's best efforts to quantify the amount of potential USAGE, CDFW, and Carlsbad LCP jurisdictional habitats on the project site using current regulations, written policies, and guidance from the regulatory agencies. Only the regulating agencies can make a final determination of jurisdictional boundaries. The 0.01 acre of southem willow scmb occurring on site is considered potential USAGE, CDFW, and Carlsbad LCP jurisdictional wetland and riparian habitat (Figure 5; Table 3). No other potential jurisdictional waters or wetlands occur on site. Table 3 JURISDICTIONAL WETLANDS AND RIPARIAN HABITAT ON SITE VEGETATION COMMUNITY/HABITAT ACREAGE Southem willow scmb 0.01 TOTAL 0.01 REGIONAL AND REGULATORY CONTEXT Biological resources within the project site are subject to federal. State, and local regulations, as described in fiirther detail below. Federal Administered by the USFWS, the federal Endangered Species Act (ESA) provides the legal framework for listing and protection of species (and their habitats) that are identified as being threatened or endangered with extinction. Actions that jeopardize threatened or endangered species and the habitats upon which they rely are considered "take," which ESA Section 9(a) defines as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." "Harm" and "harass" are further defined in federal regulations Enmonmenlal Planning Letter to Ms. Veronica De Anda Page 7 of 14 August 5, 2013 and case law to include actions that adversely impair or dismpt a listed species' behavioral patterns. Federal ESA Sections 4(d)7 and 10(a) regulate actions that could jeopardize threatened or endangered species. Section 10(a) allows issuance of permits for "incidental" take of threatened or endangered species, which applies if the taking of a listed species is incidental to and not the purpose of an otherwise lawful activity. The Carlsbad HMP has been formally approved, which provides take authorization under Section 10(a). No threatened or endangered species were observed and none are expected to occur on site. All migratory bird species that are native to the United States or its territories are protected under the federal Migratory Bird Treaty Act (MBTA) as amended under the Migratory Bird Treaty Reform Act (MBTRA) of 2004 (FR Doc. 05-5127). The MBTA is generally protective of migratory birds but does not actually stipulate the type of protection required. In common practice, the MBTA is used to place restrictions on disturbance of active bird nests during the nesting season (generally Febmary 15 to August 31). In addition, the USFWS commonly places restrictions on disturbances allowed near active raptor nests. The project site does not support suitable habitat for nesting raptors, as no large trees were observed on site and on site grassland is too small and disturbed for ground-nesting raptors. The site may support nesting habitat for other bird species, particularly in shmb habitat along the edge of the lagoon. However, nesting birds are unlikely to use the proposed development area as it supports only herbaceous vegetation, and is highly disturbed, often being used by nearby residents as a place to walk their dogs. Federal wetland regulation applicable to the project site is guided by the Clean Water Act (GWA). The purpose of the GWA is to restore and maintain the chemical, physical, and biological integrity of all waters of the U.S. Permitting for projects filling waters of the U.S. (including wetlands) is overseen by the USAGE under Section 404 of the GWA. Projects are typically permitted on an individual basis or are covered under one of several approved general or Nationwide Permits. Southem willow scmb occurring on site may fall under the jurisdiction of the USAGE. State Primary environmental legislation in California is found in the California Environmental Quality Act (CEQA) and its implementing guidelines (State CEQA Guidelines), requiring that projects with potential adverse effects or impacts on the environment undergo environmental review. Adverse impacts to the environment are typically mitigated as a result of the environmental review process in accordance with existing laws and regulations. Under CEQA, impacts associated with a proposed project or program are assessed with regard to significance criteria determined by the CEQA Lead Agency and pursuant to State CEQA Guidelines. The City is the Lead Agency under CEQA for the proposed project. The Califomia Endangered Species Act (CESA) is similar to the federal ESA in that it contains a process for listing of species and regulating potential impacts to listed species. Section 2081 of HELIX Environmental f^anning Letter to Ms. Veronica De Anda Page 8 of 14 August 5,2013 the CESA authorizes the CDFW to enter into a memorandum of agreement for take of listed species for scientific, educational, or management purposes. No state-listed plant or animal species are expected to occur on site. The Native Plant Protection Act (NPPA) enacted a process by which plants are listed as rare or endangered. The NPPA regulates collection, transport, and commerce in listed plants. The Califomia ESA followed the NPPA and covers both plants and animals determined to be threatened or endangered with extinction. Plants listed as rare xmder the NPPA were designated threatened under the Califomia ESA. The site is not likely to support any listed plants. Pursuant to Califomia Fish and Game Code Section 3503, it is tmlawfiil to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by the code or any regulation made pursuant thereto. Raptors (birds of prey) and owls and their active nests are protected by California Fish and Game Code Section 3503.5, which states that it is unlawfiil to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird unless authorized by the CDFW. In common practice, CDFW places timing restrictions on clearing of vegetation, as well as restrictions on disturbances allowed near active raptor nests. Under Section 401 of the federal GWA, an applicant for a federal permit that may result in a discharge to a water body must obtain certification fi-om the state that the proposed activity will comply with state water quality standards and water quality objectives. Section 401 provides the Regional Water Quality Control Board (RWQGB) with regulatory authority to certify or deny the proposed activity. A Section 401 Certification must be obtained prior to issuance of a 404 Permit. The CDFW regulates alterations or impacts to streambeds or lakes under Califomia Fish and Game Code 1602. The CDFW requires a Streambed/Lake Alteration Agreement (SAA) for projects that will divert or obstmct the natural flow of water; change the bed, chaimel, or bank of any stream; or use any material from a streambed. The SAA is a contract between the applicant and CDFW stating what can be done in the riparian zone and stream course (Califomia Association of Resource Conservation Districts 2002). Any impacts to CDFW habitat would be regulated under Califomia Fish and Game Code 1602 and require an SAA. The project would be set back at least 100 feet from the edge of CDFW habitat (southem willow scmb) and would not require an SAA. The Califomia Coastal Act provides for the protection of environmentally sensitive habitat identified by the CDFW from developments in the coastal zone. The California Coastal Act is Califomia's coastal zone management program under the federal Coastal Zone Management Act. The Califomia Coastal Act establishes the California Coastal Commission (CGG) as having jurisdiction over Califomia's coastal zone. The California Coastal Act identifies environmentally sensitive habitat areas (ESHA) as any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Compliance with the Califomia Coastal Act is ensured for specific development projects in the coastal zone through issuance of a Coastal Development Permit (GDP). In most incorporated areas within the HELIX Entimnmenlal Plannina Letter to Ms. Veronica De Anda Page 9 of 14 Augusts, 2013 coastal zone, compliance with the Coastal Act is regulated by local govemment through the implementation of a certified LCP. The local govemment typically issues CDPs, unless a project is located within a deferred certification area, such as the Agua Hedionda Lagoon segment ofthe Carlsbad LCP. CDPs are issued by the CGG in deferred certification areas of the certified LCP. The City implements their approved Carlsbad LCP in regulating developments within the coastal zone according to the Coastal Resource Protection Overlay Zone Ordinance, as discussed below. The CDPs issued by the City are appealable to the CGG only if they are located within an appeals area. Mitigation would be required for impacts to coastal wetlands and ESHA protected under the Carlsbad LCP and Coastal Resource Protection Overlay Zone Ordinance. Local Multiple Habitat Conservation Program The Multiple Habitat Conservation Program (MHCP) is a regional, comprehensive, jurisdictional plaiming program designed to develop an ecosystem preserve in the incorporated areas of northwestem San Diego County. The overall goal of the plan is to "maintain biodiversity and ecosystem health in the region while maintaining quality of life and economic growth opportunities." The MHCP Plan was adopted by the San Diego Association of Govemments (SANDAG) in 2003. Within this plan, city-wide subarea plans describe the specific implementing mechanisms each city will institute for the MHCP. Carlsbad's MHCP Subarea Plan, the Carlsbad HMP, was approved in 2004 and is further discussed below. Carlsbad HMP The Carlsbad HMP provides property owners with take authorizations for HMP-covered listed species. The HMP addresses potential impacts to native species and habitats (and some non-native habitats) and provides mitigation options that satisfy ESA and CESA. The primary objective ofthe HMP is to preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development. The plan identifies and maintains a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The areas covered by the Carlsbad HMP include hard-line preserve areas. Core Areas 1 through 8, Linkages A through F, and Local Facility Management Zones (LFMZ) 1 through 25. The site is located with LFMZ 1 of the Carlsbad HMP, just outside of the Core Area 1 boundary (Figure 6). Gore 1 consists of Buena Vista Lagoon and adjoining wetland and upland habitat. Buena Vista Lagoon and its surrounding vegetation provide habitat for critical populations of Califomia least tern {Sterna antillarum browni), westem snowy plover {Charadrius alexandrinus nivosus), light-footed clapper rail {Rallus longirostris levipes), American peregrine falcon {Falco peregrinus anatum), and white-faced ibis {Plegadis chihi). As a result, the lagoon and its associated vegetation have been designated "Hardline Preserve Areas" by the City and "Conserved Lands" by the CDFW HELIX Enviimmental Plarnilrm Letter to Ms. Veronica De Anda Page 10 of 14 August 5, 2013 Pursuant to the Carlsbad HMP, LFMZ 1 is almost entirely developed, containing scattered fragments of natural vegetation, including major and critical stands of riparian habitat and scattered patches of coastal sage scmb, non-native grassland, maritime succulent scmb, salt marsh, and freshwater marsh. Conservation of the majority of sensitive habitats in or contiguous with biological core areas is the primary HMP Conservation Goal for LFMZ 1. These include: • No net loss of wetland habitat; • Preserving coastal sage scmb and maritime succulent scmb adjacent to Buena Vista and Agua Hedionda Lagoons; and • Retaining and managing natural habitats adjacent to the lagoons to buffer wetland resources from adverse effects and to provide upland nesting habitat for pond turtles and other HMP species. HMP Coastal Zone Standards Pursuant to the Carlsbad HMP, additional conservation standards apply to projects in the coastal zone. This project is within the coastal zone and the following standards are applicable to the project. Upland Habitat Mitigation Requirements Mitigation for impacts to upland vegetation communities must be consistent with the Carlsbad HMP. Standard mitigation ratios are outlined in Table 11 of the HMP. Buffers and Fuel Modification Zones Buffers shall be provided between preserved areas and development. The minimum buffer width for riparian areas is SO feet and wetlands require a 100-foot buffer width. No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area with two exceptions: no fuel modification shall take place within 50 feet of riparian areas or wetlands, and recreation trails and public pathways may occur within the 15 feet closest to the development provided it is consistent with the preservation goals of the preserved habitat and appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped with native plants. Signage and barriers shall be required to minimize edge effects. Grading and Landscaping Requirements Grading activity shall be prohibited during the rainy season (October 1 to April 1). The City Engineer may extend the October 1 deadline if specific provisions are met regarding special erosion control measures. A coastal development permit or permit amendment would allow grading activities during the winter if resource agencies prohibit grading on site during the summer to protect endangered or rare species. All graded areas shall have temporary or HELIX Eaviranmenta! Planning Letter to Ms. Veronica De Anda Page 11 of 14 Augusts, 2013 permanent landscaping installed prior to October 1 and shall be maintained and replanted if not well-established by December 1 following the initial planting. Carlsbad LCP The City uses its Carlsbad LCP as a planning tool to guide development in the coastal zone, in partnership with the CGG. The LCP contains the ground mles for fixture development and the protection of coastal resources. The Carlsbad LCP includes two main components: a land use plan, and related implementing measures including a zoning map and zoning ordinance. In particular, the local coastal land use plans include measures specifically intended to protect natural open space resources, scenic resources, agricultural lands, and public access rights. Carlsbad's LCP is consistent with the Carlsbad General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. The City's coastal zone has been divided into 6 segments and each segment is regulated by separate LCPs. Nearly all development proposals within the coastal zone, from removal of natural vegetation to the constmction of master planned communities, require the approval of a GDP in addition to any other permits or entitlements. The City issues CDPs in all adopted Carlsbad LCP segments within their jurisdictional boundaries with the exception of the Agua Hedionda Lagoon segment of the Carlsbad LCP, which is a deferred certification area. CDPs in the Agua Hedionda Lagoon segment of the Carlsbad LCP are issued by the CGG. CDPs issued by the City are appealable to the CGG only if they are located within an appeals area. In conformance with the LCP, the City of Carlsbad regulates developments within the coastal zone, including pipelines, according to the CRPOZ Ordinance. The CRPOZ Ordinance requires that project applicants obtain a GDP. According to the Carlsbad LCP Policy 7-6, an access trail is required to be provided along the southem shoreline of Buena Vista Lagoon (City 1996). Each parcel adjacent to the lagoon is required to make an offer of dedication of lateral accessways, irrevocable for a term of 21 years, and shall be of at least 25 feet in width upland from environmentally sensitive area and any required buffers thereto. According to the Mello II segment of the Carlsbad LCP, the site itself has been planned and zoned for residential use, but the LCP requires that development be set back a minimum of 100 feet from coastal wetlands in order to buffer sensitive habitat areas (City 1996). The southem willow scmb that occurs in the extreme westem portion ofthe project site would qualify as coastal wetlands requiring a minimum 100-foot development setback. M CI IY Emironmentm Ptamiing Letter to Ms. Veronica De Anda Page 12 of 14 August 5, 2013 FINDINGS AND RECOMMENDATIONS Carlsbad HMP Consistency Constmction of the proposed single-family residence would be consistent with the primary HMP Conservation Goal for LFMZ 1, in that the project would not result in the loss of wetland habitat, would not impact sage scmb or maritime succulent scmb adjacent to Buena Vista Lagoon, and would not otherwise impact natural habitats adjacent to the lagoon. Project development would be set back a minimum of 100 feet upslope from the edge of wetland habitat (i.e. southem willow scmb; Figures 4 and 5), thus being consistent with the HMP requirement for a minimum 100-foot buffer width between wetlands and development. No HMP species were observed or are expected on site, and the project site is not expected to provide suitable nesting habitat for any HMP species, thus there are no specific management recommendations for HMP species that apply to the project. No sensitive vegetation communities occur within the proposed impact area. In accordance with the Carlsbad HMP, the applicant shall pay a per-acre in-lieu mitigation fee for impacts to non-native grassland and disturbed lands on the project site, in an amount to be determined by the City Council. Current HMP mitigation fees are $14,878 per acre for non-native grassland and $2,976 per acre for disturbed lands (pursuant to City of Carlsbad Development Fees, effective September 1, 2012 and revised March 14, 2013). Buffer areas that do not contain native habitat shall be landscaped with native plants. Signage and barriers are required to minimize edge effects. Carlsbad LCP Consistency Consistent with the Carlsbad LCP, development on the project site would be set back a minimum of 100 feet from wetland habitat. Other Applicable Regulations In order to comply with the MBTA and California Fish and Game Code, it is recommended that the project clear vegetation outside of the nesting bird season (generally Febmary 1 through August 31), or that a preconstmction nesting bird survey be conducted within three days prior to any clearing, gmbbing, or grading activities. The pre-constmction nesting bird survey would identify the locations of any active nests within the proposed development area. Active nests would need to be avoided until the young have fledged or the nest is otherwise abandoned. HELIX Eavironmenml Ptanning Letter to Ms. Veronica De Anda Page 13 of 14 August 5, 2013 CONCLUSION The project site would implement required setbacks from wetland vegetation along Buena Vista Lagoon and would not impact wetlands, sensitive upland habitat, or sensitive plant or animal species. Mitigation for impacts to non-native grassland and disturbed lands would be through the City's in-lieu mitigation fee as designated in the HMP. Please contact me if you have any questions. Sincerely, Sincerely, S3 3i-Q^ Stacy Nigro Senior Scientist Enclosures: Figure 1 Regional Location Map Figure 2 Project Vicinity Map (USGS Topography) Figure 3 Project Vicinity Map (Aerial Photograph) Figure 4 Vegetation Map Figure 5 Jurisdictional Wetlands Map Figure 6 North County MHCP Regional Context Attachment A Plant Species Observed Attachment B Animal Species Observed or Detected Attachment C Sensitive Plant Species with Potential to Occur Attachment D Sensitive Animal Species with Potential to Occur Attachment E Explanation of Status Codes for Plant and Animal Species REFERENCES American Ornithologists' Union. 2011. American Ornithologist's Union Checklist of North American Birds. 7th Edition. URL: http://www.aou.org/checklist/north/print.php. Baker, R.J., L.C. Bradley, R.D. Bradley, J.W. Dragoo, M.D. Engstrom, R.S. Hoffmann, CA. Jones, F. Reid, D.W. Rice, and C. Jones. 2003. Revised checklist of North American mammals north of Mexico. Occasional Papers of the Museum, Texas Tech University 223. Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors. 2012. The Jepson Manual: Vascular Plants of Califomia, second edition. University of California Press, Berkeley. Bowman, R. 1973. Soil Survey of the San Diego Area. USDA in cooperation with the USDl, UC Agricultural Experiment Station, Bureau of Indian Affairs, Department of the Navy, and the U.S. Marine Corps. HELIX Enwonmentsl Piaf^ning Letter to Ms. Veronica De Anda Page 14 of 14 Augusts, 2013 Galflora. 2013. Information on Wild Califomia Plants for Conservation, Education, and Appreciation, http://calflora.org/ California Association of Resource Conservation Districts. 2002. Guide to Watershed Project Permitting for the State of Califomia. Available at URL: http://www.carcd.org/permitting/pguide.pdf Califomia Departinent of Fish and Wildlife (CDFW). 2013. RareFind, CDFG Natural Diversity Database Ver. 3.1.1 April 30. California Native Plant Society (GNPS). 2013. Inventory of Rare and Endangered Plants. Intemet searchable database Version 7-07c. URL: http://cnps.web.aplus.net/cgi- bin/inv/inventory.cgi. Updated quarterly. Carlsbad, City of (City). 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. November. 1996. City of Carlsbad Local Coastal Program. Amended 2000, 2002, 2003, 2006, and 2010. Crother, B.I. 2008. Scientific and Standard English Names of Amphibians and Reptiles of North America North of Mexico, With Comments Regarding Confidence in Our Understanding. Sixth Edition. Society for the Study of Amphibians and Reptiles. Herpetological Circular # 37. January. Heath, F. 2004. An Introduction to Southem Califomia Butterflies. Mountain Press Publishing Co, Missoula, MT. Holland R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of Califomia. Nongame-Heritage Program, State of Califomia, Department of Fish and Game, Sacramento. 156 pp. Lichvar, R. 2012. The National Wetland Plant List. ERDC/GRREL TR-12-11. Hanover, NH: U.S. Army Corps of Engineers, Cold Regions Research and Engineering Laboratory. http://www.poa.usace.army.mil/Portals/34/docs/regulatory/nationalwetlandplantlistOGTl 2.pdf Oberbauer, T. 2008. Terrestrial Vegetation Communities in San Diego County Based on Holland's Descriptions. San Diego Association of Govemments, San Diego, Califomia. Revised from 1996. July. Unitt, P. 2004. San Diego County Bird Atlas. San Diego Natural History Museum, San Diego, Califomia. HELIX Enm&nmntal Planning I ORANGE J COUNTY^; RIVERSIDE COUNTY I Fallbrook ^ VailLtAem 'yO'Nalllakeji - ^ Camp Pendleton / r Springs t3kl3-' ^\/Zake:Betishaw 'Oceanside Vista Project Site Carisbad (Encinitas VSan IMarcos Lake San Marcos Lake WMfortt Escondido . ySuireriand ^Lalcet 'Hodgesf d Lake Ramona Soiana\ Beach ' Dei iMarl Pacific Lake Powa\ , »• Poway ^San Diego | .iriramarResenwr Ramona — , 4' ,< ^Stin Vicente ^ Reservoir Ocean 1 " ' Santee: MAAJ: Jcnninfis Sonlee . _-»^ ^ i.'S=Si Lakes / ,X ^ La JoiiaV >tttm Reservoir- tLoveiand Reservoir San Diego /Lemon Grove ^National V 1^ Rpservpfr Oiifi^ Reservoir UN\TED STATES. MEXICO HELIX Ai • Miles Env/ronmenlai Planning Regional Location Map DE ANDA RESIDENCE Figure 1 1 r Source: USGS 7,5' Quadrangle; San Luis Rey HELIX Al 2.000 • Feet Environmental Planning Project Vicinity Map (USGS Topography) DE ANDA RESIDENCE Figure 2 HELIX A 2.000 ZDFeei fnWronmenta/ P/anning Project Vicinity Map (Aerial Photograph) DE ANDA RESIDENCE Figure 3 Project Boundary Proposed Residence Southern Willow Scrub Non-native Grassland C^^^^^ Non-native Vegetation Disturbed Land W Developed c — 100-foot Setback from Wetland Vegetation Vegetation Map HELIX A Enwronmenta/ Planning 100 ZlFeet DE ANDA RESIDENCE Figure 4 HELIX Environmental Planning • 100 Z]Feet Jurisdictional Wetlands Map DE ANDA RESIDENCE Figure 5 HELIX Environmental Planning' 1.000 ZDFeet North County MHCP Regional Context DE ANDA RESIDENCE Figure 6 Attachment A PLANT SPECIES OBSERVED DE ANDA RESIDENCE FAMILY SCIENTIFIC NAME COMMON NAME HABITAT** Dicots Aizoaceae Carpobrotus edulis* hottentot-fig NNG,NNV Anacardiaceae Rhus integrifolia lemonadeberry NNG Asteraceae Ambrosia psilostachya westem ragweed DH, NNG Erigeron bonariensis* flax-leaf fleabane DH Hypochaeris glabra* smooth cat's-ear DH Brassicaceae Brassica nigra* black mustard NNG Raphanus sativus* wild radish NNV, SWS Chenopodiaceae Amaranthus albus* white tumbleweed DH Chenopodium murale* nettle-leaf goosefoot DH, NNG Salsola tragus* Russian thistle DH Gucurbitaceae Cucurbita foetidissima calabazilla NNG Euphorbiaceae Chamaesyce maculata* spotted spurge DH Ricinus communis* castor-bean DH, NNG, SWS Geraniaceae Erodium sp. * filaree DH Malvaceae Malva parvifiora* cheeseweed DH, NNG Salicaceae Salix lasiolepis arroyo willow SWS Scrophulariaceae Myoporum laetum* myopomm NNV Solanaceae Datura wrightii jimson weed DH, NNG Nicotiana glauca* tree tobacco NNG Tropaeolaceae Tropaeolum majus* garden nasturtium SWS Monocots Arecaceae Phoenix canariensis* Canary Island date palm SWS Gyperaceae Schoenoplectus californicus Califomia bulmsh SWS Poaceae Avena sp. * oats DH, NNG Bromus diandrus * common ripgut grass DH, NNG Hordeum sp.* barley DH, NNG *Non-native species **DH=disturbed land; NNG=non-native grassland; NNV=non-native vegetation; SWS=southem willow scmb A-1 THIS PAGE INTENTIONALLY LEFT BLANK A-2 Attachment B ANIMAL SPECIES OBSERVED OR DETECTED DE ANDA RESIDENCE SCIENTIFIC NAME INVERTEBRATES Butterflies Papilio rutulus Phoebussennae Pieris rapae Other Apis mellifera VERTEBRATES Amphibians Pseudacris regilla Birds Buteo lineatus Calypte anna Carpodacus mexicanus Geothlypis trichas Icterus cucullatus Mimus polyglottos Melospiza melodia Psaltriparus minimus Selasphorus sasin Tachycineta thalassina Mammals Canis familiar is Spermophilus beecheyi Thomomys bottae COMMON NAME westem tiger swallowtail cloudless sulphur cabbage white European honey bee Pacific choms frog red-shouldered hawk Arma's hummingbird house finch common yellowthroat hooded oriole northem mockingbird song sparrow bushtit Allen's hummingbird violet-green swallow domestic dog (scat) California ground squirrel Botta's pocket gopher B-1 THIS PAGE INTENTIONALLY LEFT BLANK B-2 Attachment C SENSITIVE PLANT SPECIES WITH POTENTIAL TO OCCUR DE ANDA RESIDENCE SPECIES STATUS* BLOOMING PERIOD POTENTIAL TO OCCUR San Diego thommint {Acanthomintha ilicifolia) FT/SE GNPS List IB.l April to June Very low. Occurs in heavy clay soils near vemal pools, in grasslands, and in chaparral and coastal sage scmb. Soils on site not suitable for this species. Califomia adolphia {Adolphia californica) GNPS List 2.1 December to April Low. Occurs in clay soils in coastal sage scmb, chaparral, and grassland habitats. Would have been observed if present. San Diego ambrosia {Ambrosia pumila) FE/- CNPS List IB.l June to September Very low. Preferred habitats include creek beds, seasonally dry drainages, and floodplains. Known in Califomia from fewer than 20 occurrences. Del Mar manzanita {Arctostaphylos glandulosa ssp. crassifolia) FE/- CNPS List IB.l December to April None. Occurs in southem maritime chaparral on sandy mesas and bluffs. No suitable habitat on site. Would have been observed if present. Encinitas baccharis {Baccharis vanessae) FT/SE GNPS List IB.l August to November None. Mature but relatively low- growing chaparral is the primary habitat. Also found in southem maritime and southem mixed chaparrals. No suitable habitat occurs on site. Would have been observed if present. Thread-leaved brodiaea {Brodiaea filifolia) FT/SE GNPS List IB.l March to June None. Found in clay soils in vemally moist grasslands and vemal pool periphery. No suitable habitat on site. Orcutt's brodiaea {Brodiaea orcuttii) GNPS List IB.l April to June None. Occurs in vemal pools and ephemeral streams and seeps. No suitable habitat on site. Orcutt's spineflower {Chorizanthe orcuttii) FE/SE GNPS List IB.l March to April None. Found only in sandy areas on mesas in the coastal region. Generally associated with coastal sage scmb or chaparral. No suitable habitat present. C-1 Attachment C (cont.) SENSITIVE PLANT SPECIES WITH POTENTIAL TO OCCUR DE ANDA RESIDENCE SPECIES STATUS* BLOOMING PERIOD POTENTIAL TO OCCUR Del Mar mesa sand aster {Corethrogyne filaginifolia var. linifolia) GNPS List IB.l July to September None. Coastal chaparral, primarily in sandy openings between chamise. No suitable habitat on site. Blochman's dudleya {Dudleya blochmaniae ssp. blochmaniae) GNPS List IB.l April to June None. Dry, stony places associated with coastal sage scmb. No suitable habitat on site. Sticky dudleya {Dudleya viscida) GNPS List 1B.2 May to June Very low. A conspicuous succulent perennial that grows on steep, north-facing slopes and is associated with coastal sage scmb and chaparral. Suitable habitat not present on site. San Diego button- celery {Eryngium aristulatum var. parishii) FE/SE GNPS List IB.l April to June None. Occurs in vemal pools and marshes. No suitable habitat on site. Orcutt's hazardia (Hazardia orcuttii) FC/ST GNPS List IB.l August to October None. Occurs in chaparral. No suitable habitat on site. San Diego goldenstar {Muilla clevelandii) „/.. GNPS List IB.l April to May Very low. Occurs in grasslands and open sage scmb. Grassland on site is very disturbed and unlikely to support this species. Little mousetail {Myosurus minimus ssp. apus) GNPS List 3.1 March to June None. Occurs in vemal pools and alkaline marshes. No vemal pool or alkaline marsh habitat on site. Mud nama {Nama stenocarpum) GNPS List 2.2 January to July Low. Occurs along lake shores and intermittently wet areas. Prostrate navarretia {Navarretia prostrata) GNPS List IB.l April to July None. Occurs in vemal pools. No suitable habitat on site. Califomia Orcutt grass {Orcuttia californica) FE/SE CNPS List IB.l April to June None. Occurs in or near vemal pools. No suitable habitat on site. *A listing and explanation ol ' status and sensitivity codes is provided in Attachment E. C-2 Attachment D SENSITIVE ANIMAL SPECIES WITH POTENTIAL TO OCCUR DE ANDA RESIDENCE SPECIES STATUS* POTENTIAL TO OCCUR INVERTEBRATES San Diego fairy shrimp {Branchinecta sandiegoensis) FE/-None. Suitable habitat (vemal pools and depressions) does not occur on site. Riverside fairy shrimp {Streptocephalus wootoni) FE/-None. Suitable habitat (vemal pools and depressions) does not occur on site. Hermes copper {Lycaena hermes) None. Occurs in southem mixed chaparral and coastal sage scmb. Suitable habitat and its larval host plant, spiny redberry {Rhamnus crocea), are not present on or adjacent to the site. VERTEBRATES Reptiles Silvery legless lizard {Anniella pulchra pulchra) -/SSG Low. Prefers fine, sandy soils and leaf litter. A small amount of potentially habitat exists at the base ofthe slope. Belding's orange-throated whiptail {Cnemidophorus hyperythrus beldingi) -/SSC Very low. Prefers open sage scmb and chaparral, which are not found on site. . Red-diamond rattlesnake {Crotalus exsul) -/SSC Very low. Common species in coastal sage scmb, typically in vicinity of rock outcrops. Appropriate habitat is limited on site. Coronado skink {Eumeces skiltonianus interparietalis) -/SSC Very low. Found in coastal sage scmb and areas with sufficient leaf litter to provide shelter. Appropriate habitat does not occur on site. Coast homed lizard {Phrynosoma coronatum) -/SSC Very low. Favored prey, harvester ants {Pogonomyrmex sp.) were not observed. Site is too disturbed, and habitat is limited on site. Westem patch-nosed snake {Salvadora hexalepis virgultea) -/SSC Very low. Found among preferred habitats of whiptails, its favored prey. Habitat is limited on site. Birds Cooper's hawk {Accipiter cooperi) -/SSC Low. Foraging habitat is limited in the area. Southem California mfous- crowned sparrow {Aimophila ruficeps canescens) -/SSC Very low. Found in coastal sage scmb, which is not present on site. Bell's sage sparrow {Amphispiza belli belli) -/SSC Very low. Found in coastal sage scmb and chaparral, which are not present on site. D-1 Attachment D (cont.) SENSITIVE ANIMAL SPECIES WITH POTENTIAL TO OCCUR SPECIES STATUS* POTENTIAL TO OCCUR VERTEBRATES (cont) Birds (cont.) Burrowing owl {Athene cunicularia) -/SSC Very low. Prefers grassland and agricultural lands, where it often inhabits ground squirrel burrows. Habitat on site and in adjacent areas is extremely restricted. Use of burrows would have been detected if present. San Diego cactus wren ( Campylorhynchus brunneicapillus sandiegensis) -/SSC Very low. Suitable habitat not present — coastal sage scmb and cactus thickets do not occur on site. Westem snowy plover {Charadrius alexandrinus nivosus) FT/SSG Low. Needs sandy, gravelly or friable soils for nesting. This species was recorded breeding along Buena Vista Lagoon prior to 1997. Primary nesting locations in San Diego County are currently within Gamp Pendleton, Batiquitos Lagoon, and the Silver Strand (Unitt 2004). Suitable breeding habitat does not occur on or adjacent to the project site. Northem harrier {Circus cyaneus) -/SSC Very low. Foraging habitat is limited in the area. Yellow warbler {Dendroica petechia brewsteri) -/SSC Low. Southem willow scmb patch is likely too small and disturbed to support this species. White-tailed kite {Elanus leucurus) Nesting; ~ /Fully Protected Very low. Foraging habitat is limited in the area. Southwestem willow flycatcher {Empidonax traillii extimus) FE/SE Very low. Southem willow scmb occurring on/adjacent to the site does not contain the appropriate characteristics to support this species. Califomia homed lark {Eremophila alpestris actio) -/SSC Low. Found on sandy beaches, agricultural fields, grassland, and open areas. Yellow-breasted chat {Icteria virens) -/SSC Low. Southem willow scmb patch is likely too small and disturbed to support this species. Belding's savannah sparrow {Passerculus sandwichensis beldingi) -/SE Very low. Nests in pickleweed along the margins of tidal flats, which do not occur on site. White-faced ibis {Plegadis chihi) -/SSC Very low. Although the species is known to nest in the lagoon, it is not expected to occur because the site does not contain freshwater marsh habitat. D-2 Attachment D (cont.) SENSITIVE ANIMAL SPECIES WITH POTENTIAL TO OCCUR SPECIES STATUS* POTENTIAL TO OCCUR VERTEBRATES (cont) Birds (cont.) Light-footed clapper rail {Rallus longirostris levipes) FE/SE Very low. Although the species is known to nest in the lagoon, it is not expected to occur because the site lacks marsh habitat needed for nesting. Califomia least tem {Sterna antillarum browni) FE/SE Low. Habitat includes coastal areas adjacent to the ocean. Needs sandy, gravelly or friable soils for nesfing. This species has no recent breeding records along Buena Vista Lagoon. Primary nesting locations in San Diego County are currently within Camp Pendleton, Batiquitos Lagoon, Mission Bay, San Diego Bay, Silver Strand, and Tijuana River mouth (Unitt 2004). Suitable breeding habitat does not occur on or adjacent to the project site. Least Bell's vireo {Vireo belliipusillus) FE/SE Very low. Southem willow scmb patch is likely too small, isolated, and disturbed to support this species. Mammals Pallid bat {Antrozous pallidus) -/SSC Very low. Roosts in caves, mines, crevices, and abandoned buildings. San Diego pocket mouse {Chaetodipus fiillax fallax) -/SSC Low. Prefers open, sandy land with weeds. Site too small and isolated to support this species. San Diego black-tailed jackrabbit {Lepus californicus bennettii) -/SSC None. The site is too small and is surrounded by development. Desert woodrat {Neotoma lepida intermedia) -/SSC Low. Open chaparral and coastal sage scmb are typical habitats, often building large, stick nests in rock outcrops or around clumps of cactus or yucca. Suitable habitat not present on site. Nest would have been observed if present. ''A listing and explanation of status and sensitivity codes is provided in Attachment E. D-3 THIS PAGE INTENTIONALLY LEFT BLANK D-4 Attachment E EXPLANATION OF STATUS CODES FOR PLANT AND ANIMAL SPECIES FEDERAL, STATE, AND LOCAL CODES U.S. Fish and Wildlife Service (USFWS) FE Federally listed endangered FT Federally listed threatened California Department of Fish and Wildlife (CDFW) SE State listed endangered SR State listed rare ST State listed threatened SSC State species of special concern WL Watch List Fully Fully Protected species refers to all vertebrate and invertebrate taxa of concem to Protected the Natural Diversity Data Base regardless of legal or protection status. These species may not be taken or possessed without a permit from the Fish and Game Commission and/or CDFW. OTHER CODES AND ABBREVIATIONS Habitat Management Plan (HMP) Covered Species Species covered for take under the Multiple Habitat Conservation Program (MHCP) Carlsbad Habitat Management Plan (HMP) that received final approval by the wildlife agencies in 2004. Narrow Endemic Species "Narrow Endemic" is a sensitivity rating given by the MHCP to indicate "those species considered so restricted in distribution and abundance that substantial loss of their populations or habitat might jeopardize the species' continued existence or recovery." E-1 Attachment E (cont.) EXPLANATION OF STATUS CODES FOR PLANT AND ANIMAL SPECIES OTHER CODES AND ABBREVIATIONS (cont.) Cahfomia Native Plant Society (GNPS) Codes Lists List/Threat Code Extensions 1A = Presumed extinct. IB = Rare, threatened, or endangered in California and elsewhere. Eligible for state listing. 2 = Rare, threatened, or endangered in Califomia but more common elsewhere. Eligible for state listing. 3 = Distribution, endangerment, ecology, and/or taxonomic information needed. Some eligible for state listing. 4 = A watch list for species of limited distribution. Needs monitoring for changes in population status. Few (if any) eligible for state listing. . 1 = Seriously endangered in Califomia (over 80 percent of occurrences threatened/high degree and immediacy of threat) .2 = Fairly endangered in Califomia (20 to 80 percent occurrences threatened) .3 = Not very endangered in Califomia (less than 20 percent of occurrences threatened, or no current threats known) A "CA Endemic" entry corresponds to those taxa that only occur in Califomia. All List 1A (presumed extinct in Califomia) and some List 3 (need more information; a review list) plants lacking threat information receive no extension. Threat Code guidelines represent only a starting point in threat level assessment. Other factors, such as habitat vulnerability and specificity, distribution, and condition of occurrences, are considered in setting the Threat Code. E-2