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HomeMy WebLinkAboutCT 02-28; La Costa Condominiums; Tentative Map (CT) (3)4 City of Carlsbad January 27,2004 Kurt Roblek U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 SUBJECT: CT 02-28/ CP 02-13/ HDP 02-14 - La Costa Condominiums FWS-SDG-3859.1 This letter is in response to your comment letter to the City for La Costa Condominiums project, FWS-SDG-3859.1. Following are the responses to the three issues raised in your letter: 1. The following response regarding your comment on indirect impacts to CSS is received fi-om the Project Biologist Marcia Gross of Affinis Environmental Services dated January 27, 2004, “The remnant coastal sagehhaparral habitat on-site is not contiguous with any habitat to the west due to the presence of existing residential development immediately west of the site. It is contiguous with habitat to the east, and will remain connected to that habitat after project implementation. This habitat is already subject to edge effects from existing residential development at the top of the bluff, as well as noise fi-om traffic along La Costa Avenue. Because this small area of habitat is of relatively low biological value, it was not included in any proposed hardline conservation areas or proposed standards areas of the City’s Habitat Management Plan (HMP). Thus, the project would be consistent with the HMP, which was developed to protect sensitive biological resources while allowing for new development in accordance with the City’s General Plan and Growth Management Plan. Presently, the site is not fenced and is subject to edge effects associated with trespass by the public. Upon project completion, this would no longer be the case. The remaining 0.8 acre of habitat on-site would not be expected to experience significant additional indirect impacts due to the design of the project and the site’s topography. The habitat is on a steep slope above the grade of the project and would be separated fiom the developed area by a concrete block wall averaging six feet in height. Thus, it would be very difficult for humans or pets to access, and would not receive any nuisance runoff from the development. None of the proposed residential units would be immediately adjacent to the habitat, which would minimize potential impacts fkom additional light and noise. For these reasons, no additional mitigation measures are expected to be necessary.” 2. The project is conditioned through Planning Commission Resolution No. 5555 to mitigate impacts to annual grassland. The standard condition regarding impacts to wildlife habitats or other land states “This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City, has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fimd mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void.” 3. The following condition has been added to the project resolution No. 5555, in response to your letter: “If any construction activities including grading are to occur during February 15 to August 31, the applicant should clear the vegetation on-site prior to the bird breeding season. If construction is to occur during raptor breeding season of approximately February 1 to August 30, a qualified biologist should conduct a pre-construction survey of the subject site to determine if there are any active raptor nests on-site. If an active nest is observed, a buffer of 500 feet should be established between the construction activities and the nest and the buffer should remain in effect until the construction is completed or until the nest is no longer active.” Please call me, at (760) 602-4619, if you have any questions or comments regarding this project. Sincerely, SAIMA QURESHY, AICP Associate Planner SQ:bd c: NancyFrost California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123