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HomeMy WebLinkAboutPIP 97-07; Newton Business Center; Planned Industrial Permit (PIP) (29)STATE OF CALIFORNIA - THE RESOURCES AGENL L PETE WILSON, Govemw DEPARTMENT OF FISH AND GAME 4949 VIEWRIDGE DR. SAN DIEGO, CA 92123 (619) 467-4212 January 23,1998 Ms. Anne Hysong Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 Mitigated Negative Declaration for the Newton Business Center Project PIP 97-07/HDP 97-18KDP 97-35 Dear Ms. Hysong: The California Department of Fish and Game’s (DFG) Natural Community Conservation Planning (NCCP) staff has completed its review of the draft Mitigated Negative Declaration (MND) for the proposed Newton Business Center project and offers the following comments. The project site is generally located southwest of El Camino Real and north of Palomar Airport, specifically at the northern terminus of Newton Drive, between the Carlsbad Research Center and the Camino Hills Mobile Home Park. A 175,932- square foot office and distribution building is proposed to be built on the 16.1 1 -acre industrial lot. The property supports a number of vegetation communities, including: 0.78 acres of coastal sage scrub, 6.60 acres of southern mixed chaparral, 6.15 acres of ruderal vegetation, 1.74 acres of horticultural plantings, an unidentified amount of disturbed native grasslands, and an approximately 1 10-square foot artificial wetland area. Also on the property, are two sensitive plant species, state-endangered thread-leaved brodiaea (Brodiaeafilifolia) and California adolphia (Adolphia californica). A survey was conducted for the presence of the California gnatcatcher, but none were detected on-site. The loss of 0.78 acres of coastal sage scrub habitat is the only significant impact listed in the h4ND. Impacts to other habitat types are not discussed. The thread-leaved brodiaea population on-site would not be directly impacted by the proposed development, but would remain within a fenced preserve separated from proposed grading by a 1 00-foot buffer zone. Mitigation for ~.npa~*;~ -A ;ruld consist of off-site acquisition of 0.78 acres of mitigation credit within the Manchester Avenue Conservation Bank. Because the habitat lands on-site are not proposed to contribute to the City’s Habitat Management Plan (HMP) preserve area, the acreage of coastal sage scrub impacted is less than one acre, and no gnatcatchers were found, the project Ms. Anne Hysong January 23,1998 Page Two proposes to be considered under the de minimis criteria for the Coastal Sage Scrub Habitat Loss Permit process. The DFG offers the following comments and recommendations: 1. The DFG requests more information on the biological resources survey conducted on the subject property. It is unclear fiom the MND whether the proper survey protocol for California gnatcatchers was followed. Because this project proposes to be processed through the de minimis criteria, and a condition ofde minimis is that no gnatcatchers are present, appropriate survey protocols must be followed to confirm the absence of gnatcatchers. If proper gnatcatcher surveys were c.onducted, then the DFG would concur that this project is eligible to be exempted from the Habitat Loss Permit process. The City would still need to deduct 0.78 acres of coastal sage scrub habitat from its 5% allowed take. 2. The DFG does not concur that the chaparral on-site is southern mixed chaparral. We believe that it should be classified as southern maritime chaparral, a sensitive and rare habitat type. The MND states that no wart-stemmed ceanothus or federal-endangered Del Mar manzanita were found on-site. However, both of these species occur very close to this site to the southwest and northwest, as well as near the intersection of Palomar Airport Road and El Camino Real. The soil type (Las Flores series) at these known plant locations is the same as the subject site. Southern maritime chaparral is not simply a function of the presence of several rare plant species, but a combination of common and endemic plant species, soils, and local weather patterns. Because of the significant fragmentation of chaparral habitat on and around the property, and the fact that the endemic plant species are not uniformly distributed throughout the southern maritime chaparral plant community, it is not surprising that neither plant is found on the 6.60-acre fragment of chaparral on-site. Botanists with the U. S. Fish and Wildlife Service (Service) visited the site on January 21 and substantiated the classification of the vegetation as southern maritime chaparral. This habitat type should be considered southern maritime chaparral and impacts mitigated in-kind off-site at a ratio of 2: 1. The amount of chaparral to be impacted by the development was not given in the MND. This should be included in the MND. The purchase of mitigation credits for southern maritime chaparral, as well as coastal sage scrub, at the Manchester Avenue Conservation Bank would be acceptable to the DFG. 3. The DFG is concerned about the thread-leaved brodiaea population that will remain after project build-out. However, the recent site visit by the Service's botanists discovered that this species appears to occur outside of the proposed Ms. Anne Hysong January 23,1998 Page Three protected area. More information is needed concerning protection of these plants, connectivity of the site to other natural lands, long-term protection measures, and management. If the direct effects of construction cause any plants to be destroyed, a state endangered species incidental take permit would be necessary. Indirect effects of project development (e.g., isolation, encroachment by non-native weedy species, human intrusions, etc.) that result in the degradation and/or loss of this endangered species on-site may require a state endangered species incidental take permit. Additional spring surveys to confirm the total extent of this endangered plant are recommended to ensure avoidance or to determine the actual level of impact and mitigation that would be required for issuance of an endangered species permit. Also, if this population is not adequately preserved, it may affect the City of Carlsbad’s ability to have this species covered by the HMP. 4. Ms. Terri Dickerson of the DFG should be contacted at (714) 363-7538 to determine whether the small wetland on-site falls under DFG jurisdiction and would require the project applicant to obtain a Streambed Alteration (1 603) Agreement. This concludes our comments regarding this development project. If you have any questions please contact David Lawhead at (6 19) 467-42 1 1. Thank you Sincerely, William E. Tippety NCCP Field Supervisor cc: Department of Fish and Game Mr. Ron Rempel Ms. Gail Presley Sacramento Mr. David Lawhead San Diego U.S. I%!; and Wildlife Service Ms. Sherry Banett Ms. Julie Vanderwier Carlsbad Field Office FILE: Chron NEWTON.DNL LAWHEADflIPPETS (c) If the lead agency, bad on the initial study, detamines that a propod subsequent project will have no additional significant effbct on the environment, as defined in subdivision (d) of Section 21 158, thatwasnotidentifiedinthemasterenvironmentalimpactreportandthatnoneworadeditionalmitigation measures or alternatives may be required, the lead agency shall make a written finding based upon the information contained in the initial study that the subsequent project is within the scope of the project covd by the master environmental impact report. No new environmental document nor findings pursuant to Section 21081 shall be required by this division. prior to approving or canying out the proposed subsequent project, the lead agency shall provide notice of this fact pursuant to Section 21092 and incorporate all feasible mitigation measures or feasible alternatives set forth in the master environmental impact report which am appropriate to the project. Whenever a lead agency approves of determines to camy out any subsequent project pursuant to this section, it shall file a notice pursuant to Section 21 108 or 21 152. (d) Where a lead agency cannot make the findings required in subdivision (c), the lead agency shall prepare, pursuant to Section 21 157.7, either a mitigated negative declaration or environmental impact report. (Added: Chapter 1130, Statutes of 1993. Amended. Chapter 1294, Statutes of 1994) 21157.5. (a) A proposed mitigated negative declaration shall be prepared for any proposed subsequent project if both of the following occuf: (1) An initial study has identified potentially new or additional significant effects on the environment that were not an’alyd in the master environmental impact report. (2) Feasible mitigation measures or alternatives will be incorpMated to revise thc proposed subsequent project, before the negative declaration is reld for public review, in order to avoid the effects or mitigate the effects to a pint where clearly no significant effect on the environment will occur. (b) If there is substantial evidence in light of the whole record before the lead agency that the proposed subsequent project may have a significant effect on the environment and a mitigated negative declaration is not prepared, the lead agency shall prepare an environmental impact report or a focused environmental impact report pursuant to section 21 158. (Added: Chapter 1130, Statutes of 1993) 21157.6. The master environmental impact report shall not be used for the purposes of this chapter if (1) the certification of the report occumd morc than five ycars prior to the filing of an application for the subsequent project, or (2) if the approval of a project that was not described in the report may affect the adequacy of the environmental review in the report for any subsequent project. unless the lead agency reviews the adequacy of the master environmental impact report and does eithcr of the following: (a) Finds that no substantial changes have occumd with respect to the circumstances under which the master environmental impact report was certified or that no new information, which was not known and could not have been known at the time that the master environmental impact report was certified as complete, has become available. (b) Certifies a subsequent or supplemental environmental impact report which has been either incorporated into the previously certified master environmental impact report or references any deletions. additions, or any other modifications to the previously certified master environmental impact report. (A&ied: Chapter 1130, Staiutes of 1993. Amended- Chapter 1294, Staiutes of 1994) 21151.7. (Added: Chapter 1130, Statutes of 1993. Repealed- Chapter 1294, Statutes of 1994) Artidc3 ~SEDENvIRoNMENTALIMpAcI:REPORT 21158. (a) A focused environmental impact report is an environmental impact report on a subsequent project identified in a master environmental impact report. A focused environmental impact report may be utilized only if the lead agency finds that the analysis in the master environmental impact report of cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment is adequate for the subsequent project. The focused environmental impact report shall incorporate, by reference, the master environmental impact report and analyze only the subsequent project’s additional signiiicant effects on the environment, as defined in subdivision (d). and any new or additional mitigation measures or alternatives that were not identified and analyzed by the master environmental impact report. (b) The focused environmental impact report llctd not examine those effects which the lead agency finds were one of the following: Use of a Facuccd EIR Deadlines for Repandion Application of Miek pursuant to this division shall be deemad to satis@ the requirements of this section. and technical factors, population and geographic arcas. and specific sites. (c) The environmental analysis shall take into account areasonably range of environmental, economic. (d) Nothing in this section shall require the agency to conduct a project level analysis. (e) For purposes of this article, the term “pcrfonnance standard” includes pnoctss or raw material (f) Nothing in this section is intended, or may be used, to delay the adoption of any rule or regulation (Add Chapter 1131, Statutes of 1993) changes or product refonnulation. for which an analysis is required to be performed pursuant to this section. 21159.1. (a) A focused environmental impact report may be utilized if aproject meets all of the following requirements: (1) The project consists solely of the installation of pollution control equipment required by a rule or regulation of an agency listed in Section 21 159.4 and other components neccSSary to complete the installation of that equipment. (2) The agency Certif~ed an environmental impact report on the rule or regulation or reviewed it pursuant to a certified regulatory program, and, in either case. the Rview included an assessment of growth inducing impacts and cumulative impacts of, and altematives to, the project (3) The environmental review required by paragraph (2) was completed within five years of certification of the focused environmental impact report. (4) An envir6nmental impact report is not required pursuant to Section 21 166. (b) The discussion of significant effects on the environment in the focused environmental impact report shall be limited to project-specific potentially significant effects on the environment of the project which were not discussed in the environmental analysis of the rule or regulation required pursuant to subdivision (a) of Section 21 159. No discussion of growth-inducing impacts or cumulative impacts shall bertquiredinthefocusedenviro~entalimpactre~andthediscussionofalternativesshallbelimittd to a discussion of alternative means of compliance. if any, with the rule or regulation. (Added. Chapter 1130, Statutes of 1993) 21159.2. (a) If a project consists solely of compliance with a performance standard or treatment requirement imposed by an agency listed in Section 21 159.4, the lead agency for the compliance project shall, to the greatest extent feasible, utilize the environmental analysis required pursuant to subdivision (a) of Section 21 159 in the preparation of a negative declaration, mitigated negative declaration, or environmental impact report on the compliance project or in otherwise fulfilling its responsibilities under this division. The use of numerical averages or ranges in an environmental analysis shall not relieve a lead agency of its obligations under this division to identify and evaluate the environmental effects of a compliance project. (b) If the lead agency determines that an environmental impact report on the compliance project is required, the lead agency shall prepare an environmental impact report which addresses only the project- specific issues related to the compliance project or other issues that were not discussed in sufficient detail in the environmental analysis to enable the lead agency to fulfill its responsibilities under Section 21 100 or 21 15 1. as applicable. The mitigation measures imposed by the lead agency for the project shall relate only to the significant effects on the environment to be mitigated. The discussion of altematives shall be limited to a discussion of alternative means of compliance, if any, with the rule or regulation. (Added: Chapter 1130, Statutes of 1993) 211593.in the preparation of any environmental impact report pursuant to Section 21 159.1 or 21 159.2, the following dcadlines.shal1 apply: (a) A lead agency shall determine whether an environmental impact report should be prepared within 30 days of its determination that the application for the project is complete. (b) If the environmental impact report will be prepared under contract to .the lead agency pursuant to Section 21082.1, the lead agency shall issue a request for proposals for preparation of the environmental impact report as soon as it has enough information to prepare a request for proposals, and in any event, not later than 30 days after the time for response to the notice of preparation has expired. The contract shall be awarded within 30 days of the response date for the request for proposals. 21159.4. This article shall apply to the following agencies: the State Air Resources Board. any district as defined in Section 39025 of the Health and Safety Code, the State Water Rtsources Control Board, a California regional water quality control board, the Department of Toxic Substances Control, and the California Integrated Waste Management Board. (Added: Chapter 1130, Statutes of 1993) (Addrd: Chapter 1131, Statutes of 1993) 36 STATUTES ..*