HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (20)RBRiggan ar 121 Associates
15 March 1998
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Mr. Ron Rempel
Chief, Environmental Services Division
California Department of Fish and Game
14 16 Ninth Street
Sacramento CA 958 14
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Reference: Newton Drive Industrial Facility Site - City of Carlsbad - Brodiaeafifilijofilia Preservation
(RBR job Number 1652.36A)
Dear Mr. Rempel:
In the spring of 1997, RBRiggan and Associates prepared a comprehensive Biological Assessment of a 16.1 -
acre property in the City of Carlsbad. The site is located at the terminus of Newton Drive, north of the
junction of College Boulevard and Faraday Avenue (north of Palomar Airport and west of El Camino Real).
This Biological Assessment was reviewed with both the staff of the San Diego NCCP ofice and the Carlsbad
Field Office of the Fish and Wildlife Service. At the time of this review there was a general concurrence by
both agencies that the various biological issues associated with the project had been addressed. The 16.1 -acre
property is the major part of an approximately 19-acre habitat fragment that lacks connectivity to any core
or linkage areas.
Based, in part, on the “completed” biological work, Industrial Developments International, Inc., (IDI)
purchased the property in the fall of 1997. They proceeded immediately with the called for acquisition of
mitigation credits for the small area of Coastal Sage Scrub (1 : 1 for 0.78-acres) on the property and applied
to the City of Carlsbad for the necessary entitlements to construct a 175,000 square foot industrial facility.
A tenant for the entire industrial building has been identified and specific building designs completed for
that tenant.
On 21 January 1998 we received a letter from the Fish and Wildlife Service and on 23 January a letter from
the Department of Fish and Game. Both letters were received at the end of the public review period on the
Negative Declaration for the project. Both letters raised four issues relative to impacts to: the Coastal
California Gnatcatcher, Chorizanthe orcuttiana, Southern Maritime Chaparral, and Brodiaeafilijoliu. Two
of these issues are immediately and easily addressed: we performed a federal protocol survey for the
Gnatcatcher in April and May of 1997 -the bird was not found, the site is not occupied habitat. Knowing
the extraordinary rarity of the Chorizanthe, we also performed a comprehensive survey for that species, it
was not found on the site. Although we do not necessarily concur with the classification of the chaparral on
site as “Southern Maritime Chaparral,” we have never-the-less resolved that issue with Dr. David Lawhead
of the San Diego NCCP office, and IDI, Inc., is acquiring appropriate, additional mitigation credits (at 1.5: 1).
The remaining question, the Brodiaeafilijolia population, we bring to your attention - we need your
assistance in resolving this issue. In the eastern part of the property is a small fenced area set aside in 1984
as a preserve for Brodiaea filijolia. When we examined this fenced preserve and the adjacent clay
soilshative grasslands in the spring of 1997, none of the Brodiaea were observed. The undersigned is quite
familiar with the species and its siblings, having previously photographed and recorded populations with the
CNDDB. With perfect hind sight, we attribute the lack of sightings to the rainfall pattern (or lack thereof)
in the spring of 1997.
Mr. Ron Rempel
15 March 1998
page two
Today (with the extraordinary rains received this year), there are a few thousand vegetative Brodiaea$i$?oiia
observable within the bounds of the fenced preserve. Outside the perimeter fence, but within areas designated
for preservation as a part of IDI’s proposed industrial development are several hundred additional
Brodiaea’s. All of these plants will be preserved. ID1 has agreed to expand the preserve fencing to include
all of the preserved grasslands and all of the above identified and discussed Brodiaeafibifolia. This action
will preserve literally 99.99 per cent of the individuals of this endangered species that lie within IDI’s
ownership.
Our problem lies with approximately seven individuals of the species that have been found within the
fcotprint of the proposed icdustrial development. These plants lie 01, a clay soil that is occupied by an
adventive, ruderal association and are far removed from the to-be-expanded preserve. Ideally we could
simply transplant these individuals to within the bounds of the preserve. However, we need the Department’s
concurrence and permission for such as action. We would be most appreciative of your advice as to how to
proceed with the resolution of these seven plants. We have spoken with Mr. Jim Dice and he has suggested
that we communicate with you as to an appropriate CESA MOU process.
IDI’s present tenant agreements require it to have a building ready for occupancy on this site by 1 September
1998. We are, needless-to-say under considerable pressure to resolve these outstanding matters Actions
needed to resolve this issue have already been made conditions of approval of the City’s permits. We look
forward to your advice as to how to proceed with this matter.
Sincerely,
Royce B. Riggan, Jr., AICP
Consulting Biologist
RBR:ct
attachment: sketch map of site
cc: Mr. Jim Dice
Mr. Bill Tippets
Dr. David Lawhead
Ms. Julie Vandenvier - Fish and Wildlife Service
Ms. Anne Hysong - City of Carlsbad
Mr. Alan Sharp - IDI, Inc.
[:\1652-let.003]
Existing preserve fence actually extends onto
the adjacent parcel.
Existing, fenced, BrodiaeaJiIifoEia
preserve. Includes a few thousand individuals of the species. .I.
BrodiaeaJilifolia lying outside
of the fenced preserve. Several
hundred individuals. These will . I! be preserved and the fence
expanded to include them.
Approximate location of seven / extralimital individuals of
BrodiaeaJilifolia.
v
No Scale
7
Limits of
development proposed by IDI.
[Project is located on the San Luis Rey U.S.G.S. 7%-
minute Quadrangle Map]
15 March 1998
Relationship of the Newton Drive Industrial
1 JilifoZia and the Existing Fenced Preserve 1 Facility to Existing Populations of Brodiaea F i g u re
Associates I I