HomeMy WebLinkAboutCT 93-09; Ocean Bluff; Tentative Map (CT) (54)United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
APR - 8 1998
r as.FISH A WILDLIFE
SERVICE
Ms. Ann Hysong ;
City of Carlsbad \
Planning Department \v
2075 Las Palmas Drive
Carlsbad, California 92009
Subject: Interim Habitat Loss Permit for the Ocean Bluff Project; CT 93-09 (Catellus Development
Company); City of Carlsbad
Dear Ms. Hysong:
The U.S. Fish and Wildlife Service (Service) has completed its review of the City of Carlsbad's request for
Service concurrence for an interim habitat loss permit (HLP) pursuant to the 4(d) Special Rule for the
California gnatcatcher (Polioptila californica californica; gnatcatcher). This permit would allow the
permanent loss of 3.98 acres of coastal sage scrub associated with the implementation of (he Ocean Bluff
project and the construction of a portion of Poinsettia Lane.
The Ocean Bluff project site is 31.2 acres in size and supports approximately 1.2 acres of southern mixed
chaparral, 1.8 acres of disturbed habitat and 28 acres of agricultural fields. The entire 31 acres would be
affected by project implementation, however^ these impacts are not considered to be significant. The
extension of Poinsettia Lane to the project site and grading to construct Street "A" will affect 3.7 and 0.28
acres of coastal sage scrub respectively, as well as one pair of gnatcatcher previously identified within
Poinsettia Lane. As the Ocean Bluff project is conditioned to construct Poinsettia Lane from its current
easterly terminus to the southwestern boundary of the Ocean Bluff project, impacts to coastal sage scrub and
a pair of gnatcatcher requires the issuance of a HLP in association with this project. On March 10, 1998, the
Carlsbad City Council approved Resolution No. 98-63 for the loss of 3.98 acres of coastal sage scrub and its
deduction from the City's five percent. This resolution was forwarded as request for Service concurrence on
March 12,1998.
On March 23,1998, the Service received a request from Mr. Mark McGuire (representing the project
proponent), to allow for clearing of coastal sage scrub and grading activities to commence immediately after
receipt of HLP concurrence from the resource agencies and issuance of a grading permit from the City of
Carlsbad. During conversations between Fish and Wildlife Biologist Julie Vanderwier, Mr. McGuire, and
the project biologist, Mr. David Levine (which occurred in the following week), it was determined, to the
Service's satisfaction, that there would be no impacts to breeding or nesting gnatcatchers if clearing and
grading were to occur at this time. Gnatcatcher surveys conducted by Mr. Mike Couffer on February 18,
February 24, March 11, and March 17 did not identify breeding or nesting behavior within the coastal sage
scrub habitat to be cleared.
Ms. Ann Hysong 2
As a result of the information provided by the City of Carlsbad, the Service has determined that the loss of
3.98 acres of coastal sage scrub as a result of the development of the Ocean Bluff project is consistent with
the interim loss criteria established in the Natural Community Conservation Plan (NCCP) Conservation
Guidelines based upon the following:
• The habitat loss does not exceed the five percent guideline. The City of Carlsbad originally had
165.70 acres in their five percent allotment and, as of February 12,1998, 25.6 acres remained. This
acreage total includes the loss of 3.98 acres coastal sage scrub associated with the Ocean Bluff
project.
• Connectivity between high value areas will not be precluded. The Pacific View Estates project
site is essentially surrounded by residential and other urban land uses. It is not connected to high
value habitat and the site is not been identified in the City of Carlsbad's Habitat Management Plan
(HMP) as a biological core or linkage area
• The loss of on-site coastal sage scrub will not preclude or prevent the preparation of a
subregional NCCP plan. The HMP is intended to serve as the city's subarea plan to the subregional
NCCP plan, the Multiple Habitats Conservation Plan (MHCP). Neither the HMP or the MHCP
identify the subject site as being essential to the success of either plan.
• Habitat loss has been minimized and has been mitigated to the maximum extent practicable.
In accordance with Section 4.3 of the NCCP Conservation Guidelines, habitat loss will be mitigated
at a ratio of 2:1 through the purchase of equivalent credits in the Carlsbad Highland Conservation
Bank, Phase II. The acquisition of 8.0 acres of coastal sage scrub habitat as mitigation for the Ocean
Bluff project occurred on March 13,1996.
• The habitat loss will not appreciably reduce the likelihood of survival and recovery of the
coastal California gnatcatcher in the wild. Although one pair of gnatcatchers was documented
using coastal sage scrub within the Poinsettia Lane alignments, four surveys conducted in February
and March of 1998 did not reveal the presence of gnatcatchers in the habitat to be cleared pursuant
to this HLP.
• The habitat loss is incidental to otherwise lawful activities. The subdivision of the Ocean Bluff
project site and required offsite improvements for Poinsettia Lane has been determined, by the City
of Carlsbad, to be consistent with all applicable State and local land use regulations. An
environmental finding of "Prior compliance" was approved by the Carlsbad City Council on April 2,
1996.
Based upon the project's consistency with the interim loss criteria discussed above, and information
provided by Mr. Levine, the Service concurs with the issuance of CT 83-09, if the following conditions
are included within this HLP:
• Pre-clearing gnatcatcher surveys must conducted by a biologist in possession of a current
section 10(a)(l)(a) permit for this species no more than 24 hours prior to the commencement of
Ms. Ann Hysong 3
clearing activities. If gnatcatchers are detected in the coastal sage scrub to be cleared, grading
must not commence and the Service must be contacted as soon as possible; and
• Monitoring surveys for the gnatcatcher must be conducted for the duration of clearing and/or
brushing activities in coastal sage scrub. If gnatcatchers are observed, brushing and/or grading
activities must cease and the Service should be contacted as soon as possible.
It should be noted mat this HLP only allows for the loss of 3.98 acres of coastal sage scrub pursuant to CT
93-09 and expires within one year of Service concurrence. The acreage of coastal sage scrub impacts must
be deducted from the City's five percent allocation and submitted, along with the preservation acreage, to
S ANDAG for their use in the regional tracking system.
The Service appreciates the opportunity to review and provide comments on the draft HLP for the Ocean
Bluff project. If you have any questions regarding the contents of this letter, please contact Julie Vanderwier
of the Carlsbad Field Office at (760) 431-9440.
Sincerely,
: ,> -vi,„.,.-.-„ • x. j v'v v '•- * \
SheryiL BaVrett
Assistant Field Office Supervisor
cc: David Lawhead, California Department of Fish and Game
Don Rideout, Planning Department, City of Carlsbad
#l-6-89-CA-13