HomeMy WebLinkAboutCT 02-28; La Costa Condominiums; Tentative Map (CT) (20)- 01/23/2084 17:24 8586273984 DFG SO COAST PAGE 02
U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office
601 0 Hidden Valley Road Carlsbad California 92009
(760) 431.9440 (858) 467-4201
FAX (760) 431-5902 + 9618
California Department of Fish & Game
South Coast Regional Office
4949 Viewridge Avenue
San Diego, California 92123
FAX (858) 467-4299
In Reply Refer To:
FWS-SDG-3859.1
Ms. Saima Qureshy, hsociate Planner
City of Carlsbad
1635 Faraday Avenue
Caxlsbad, California 92008
@AN :2 3
Re: Mitigated Negallve Declaration for the La Costa Condomhiurn Project, City of Carlsbad,
San Diego Comity? California (SCH# 2003 12 1 139)
Dear Ms. Qweshy:
The U.S. Fish and Wildlife ScMcc (Scrvicc) and the California Department of Fish and Game
(Department), collectively refmed EO as the Wildlife Agencies, have reviewed the draft
Mitigated Negative Dahration (MND), dated December 23,2003, for the above-refaenced
project in the City of Ctalsbad (City), California. The City issued a cover letter with the MND
that states the public review pdod is from December 23,2003 to January 23,2004. The
Wildlife Agencies have identified concerns regarding the potential effects of this project on
wildlife and regional conservation planning. The comments provided herein are based on the
information provided ir~ the MND and related documentation; the Wildlife Agencies’ knowledge
of sensitive and declining vegetation communities in San Diego County; and our participation in
regional conservation planning efforts.
The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Senice has legal responsibility fir the welfare of migratory
birds, anadromous fish, and endangered animals and plants occurring in the United States. The
Service is also responsible for administering the Federal Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 153 1 et seq.). The Department is a Trustee Agency and a Responsible
Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and
15381, respectively. The Department is responsible fbr the conservation, protection, and
management of the state's biological resources, including rare, threatened, and endangered plant
and animal species, pursuant to the California Endangered Species Act (CESA), and administers
the Natural Community Conservation Planning Program (NCCP). The City is currently
participating in the NCCP program though the preparation of a draft Mul~ple Habitat
Conservation Program (MHCP) Habitat Management Plan.
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01/23/2064 17:24 8586273984 DFG SO COAST
Ms. Saima Qutwhy (FFVS-SDG-3859.1)
PAGE 03
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The 8.18-acre project site is located on the south side of La Costa Avenue between El Camino
Real and Casulla Way, and is surrounded mainly by residential land uses, with patches of
undeveloped land to tho cast and southwest. ThC project proposes a 58-unit condominium
complex,
Vegetation communities on site include coastal sage scrub/mixtd chaparral (1.1 acres; CSS),
annual psslmdlandscapd (0.6 acre), landscaped laud (2.7 acres), and disturbed land (3.6
acres). Protocol-level gnatcatcher surveys, conducted by Affinis in July 2002, were negative.
According to the MND, the proposed project will directly impact 0.3 acre of CSS, 0.6 acre of
annual grasslandlandscaped, 0.5 acre of landscaped land, and 3.6 acres of disturbed land.
Impacts to CSS are prqiosed to be mitigated through the acquisition of 0.3 acre of mitigation
credit in a pre-approved mitigation area or mitigation bank.
The Wildlife Agencies offer the following recommendations and comments to assist the City in
minimizing and mitigating project impacts to biolodcal resources and to assure that the project is
consistent with ongob rcgional habitat conservation,
1. The Mp;TD stata; that the proposed project will directly impact 0.3 acre of CSS and
assumes the remaining 0.8 acre of CSS on site is impact neutral. The proposed project
will cause signiiicant indirect physical changes to that remnant patch by f~ha isolating
the already tenuous connection between the CSS on site and larger block of habitat to the
west. Additionally, small, edge effected patches of this habitat type would be expected to
eventually lose long-term value. The issue of indirect effects is addressed in Section
15064 in the CEQA Guidelines which states; "In evaluating the significance of the
environmental effect of a project, the lead agency shall consider direct physical changes
in the environment which may be caused by the project and reasonably forneeable
indirect physical changes in the environment which may be caused by the project." In
light of the preclxlhg information, the Wildlife Agencies recommend that City consider
the significance of the indirect impacts tn the remnant patch of CSS habitat, and propose
mitigation pursuant to CEQA consistent with that decision.
2. The final MND should discuss how impacts to annual grassland will be mitigated.
During a January 21,2004 phone convcrsation with Nancy Frost (Department), you
confinned that the City will require the applicant to mitigate impacts to annual grassland
through the paynent of an in lieu fee, a mitigation option that becomes effective
following final rtpproval of the City's Habitat Management Plan, or acquisition of annual
grassland at a mitigation bank at a 0S:l ratio.
3. The breeding season for nesting birds occurs approximately February I. 5 though August
3 1; however, raptors may begin breeding as early as January. Several bird species may
nest in the habitd on site. If construction is planned during the bird breeding season, we
recommend that the vegetation be cleared prior to the breeding season. Additionally, if
construction occurs during raptor breeding season (approximately February 1 to August
DFG SO COAST US PI.= AND WJl.I)1.1VF 01/23/2004 17: 24 85862739-84 02iiXJ/2004 15: 45 FAX 7104316B*
. 1. - - -c
b 0 ,
hb. Saima Qurahy (FWS-SDG-3859.1)
PAGE 04 &a DO2
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30, or July 3 1 for Buteo spp.), a qualified biologist should conduct 8 p-construction
survey of the project site aad fiunrounding habitat to determine whether then an active
raptor nests within that area. If an active nest is ob:iervcd, we mommend that a buffer be
established betwtlcn the construction activities and the nest so that nesting activities are
,not intempted The buffer should be a minimum cd 500 feet and should be in effect as
long ae construction is occurring and until the nest :IS no longer active.
Please contact Kurt Roblek of the Service at (760) 43 1-9440, or Nancy Pmt of the Department
at (858) 637-5511, if yoo have any questions or comments concerning this letter.
Thcrcse O’Row6 Assistant Field Supmvistn
US Fish and Wildlife Service
Sincael y ,
William E. Tippets
Deputy Regional Manager
California Department of Fish and Game
cc: State Clcaringhorisc