The URL can be used to link to this page

Home My WebLink AboutSDP 01-01; Pacifica Palomar Office Building; Site Development Plan (SDP) (5)r D U D E K & ASSOCIATES, INC. Professional Teams for Complex Projects Engineering, Planning, Environmental Sciences and Management Services Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760.632.0164 April 3, 2002 Mr. David Gibson Regional Water Quality Control Board 9174 Sky Park Court, Suite 100 San Diego, CA 92123 1/ 3223-01 Cart*** Subject: Deal Mr. Gibson, Apfftication for Section 401 Certification, Pacifica Palomar Improvements Project, City of Carlsbad, Catifornia Pacifica Enterprises Island Realty 1, L.P. (Pacifica Enterprises) is submitting this application for Water Quality Certification in accordance with Section 401 of the federal Clean Water Act. As required by the California Regional Water Quality Control Board, this application includes the project location and existing conditions, a project description and impact analysis, existing functions and values of the affected tributaries, a proposed mitigation plan, discussion of beneficial uses, proposed measures to prevent impacts to w^ater quality, measures to maintain and improve water quality, status of notification of the U.S. Army Corps of Engineers (ACOE), and a filing fee of $1,000.00. PROJECT LOCATION The proposed project site is located just south of the Palomar Airport Road/Aviara Parkway intersection. The project site is identified as Assessor's Parcel Number 212-040-25-00 and is located in an unsectioned piece of land within the U.S. Geological Survey 7.5 minute map, Encinitas quadrangle: Township 12 South; Range 4 West; longitude 117° 17' 54"W and latitude 33°07' 22"N {Figures 1 and 2). Onsite and Surrounding Land Uses The majority of the Pacific Enterprises property is level, with one main drainage traversing the southern portion of the eastern parcel and the northern portion of the western parcel. The majority of the site is comprised of disturbed habitat, with native vegetation communities (including freshwater marsh, southern willow scrub, and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern Mr. David Gibson Re: Af^flication for Section 401 Water Quality Certification boundary of the parcel (City of Carlsbad, 2001). Onsite elevations range from approximately 100 feet to 160 feet above mean sea level (AMSL). According to Bowman (1973), two soil types are present on the Pacific Enterprises property: Visalia sandy loam (two to five percent slopes), which occurs in alluvial fans and floodplains, and Diablo clay (15 to 30 percent slopes). The project site is bordered by Palomar Airport Road to the north, Encinas Creek to the south, and undeveloped, disturbed land to the east and west. METHODS A formal delineation of "waters of the United States", including wetlands, under the jurisdiction of the ACOE, was conducted by Helix Environmental Planning, Inc.(HELIX) biologists W. Larry Sward and Sally Trnka on April 12 and 13, 2000 and was updated by Dudek & Associates, Inc. (DUDEK) biologists Sherri Miller and Tricia Wotipka on November 30, 2001. Wetlands were delineated in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) and the boundaries of the jurisdictional waters and wetlands were mapped directly onto a 1"= 100' base topographic map. Potential ACOE jurisdictional areas were investigated for evidence of vegetation, hydrology and soils. Please refer to Appendix A for the complete wetlands delineation report prepared by HELIX. RESULTS Waters of the U.S. Approximately 1.01 acres of existing jurisdictional waters of the U.S., including wetlands, were identified within the project site: 0.7 acre southern willow scrub, 0.06 acre disturbed southern willow scrub, 0.2 acre freshwater marsh and 0.05 acre culverted waters of the U.S. A general description of each wetland habitat type within the proposed project area is discussed below. Southern Willow Scrub Holland (1986) describes southern willow scrub as a dense, broad-leafed, winter-deciduous riparian thicket dominated by several species of willow, including arroyo willow {Salix lasiolepis), and Goodding's black willow {Salix gooddingii), with scattered Fremont's cottonwood {Populus fremontii) and western sycamore {Platanus racemosa). Willow density April 2002 3223-01 Pacifica Palomar Improvements Project Page 2 Pro/essioTial Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification typically inhibits the development of an understory. Within the Pacific Enterprises property, southern willow scrub is dominated by arroyo willow {Salix lasiolepis) and Fremont's cottonwood {Populus fremontii). Disturbed Southern Willow Scrub This plant community consists of southern willow scrub with a substantial invasion of exotic/non-native plant species, like pampas grass {Cortaderia selloana) which generally outcompetes with native vegetation for resources. Freshwater Marsh According to Holland (1986), coastal and valley freshwater marsh is typically dominated by perennial, emergent monocots which range in height from 12 to 15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. Characteristic species include riparian monocots such as cattails {Typha sp.), spike sedge {Eleocharis sp.), rush (Juncus sp.), and umbrella sedge {Cyperus sp.). Onsite, this habitat type is primarily dominated by bulrush {Scirpus sp.) and cattails {Typha sp.). Culverted Waters of the US. This habitat type refers to the area onsite where Encinas Creek passes under Laurel Tree Road (currently a dirt road) and is completely enclosed within an existing box culvert and two 36- inch pipe culverts. Offsite Drainages Downstream of the impact area, Encinas Creek flows westward through a dense riparian corridor comprised prim.arily of disturbed riparian communities, including southern willow scrub, until it empties directly into the Pacific Ocean, located approximately 1.5 miles from the proposed project site. Upstream of the impact area, Encinas Creek is comprised primarily of southern willow scrub for the approximj.ateIy 2.5 miles from the project site to the creek headwaters. & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 3 Professitmal Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification Q2, QiO, and QIOO Flow Rates On average, water flows through the project site at 300 cubic feet per second (cfs) during a two-year storm event, at 375 cfs during a ten-year storm event, and at 1400 cfs during a hundred-year storm event. Wildlife Corridors Wildlife corridors can be described as linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants {e.g., via wildlife vectors). The project study area is located along Encinas Creek. Riparian corridors are typically used by wildlife as movement corridors and this drainage links inland areas within the City of Carlsbad with the Pacific Ocean, located approximately 1.5 miles west of the study area. Project Relation to Regional Planning Efforts The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conservation Planing (NCCP) subarea plan, addressing potential impacts to native species and habitats while at the same time providing mitigation options that satisfy the federal and state Endangered Species Acts (ESAs). The primary objective of the HMP is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad HMP designated Focus Planning Areas (FPAs), or Special Resource Areas. The project site is, however, located immediately north and west of Linkage Area F. This linkage connects Core 6 and Core 8 FPAs and is intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect Linkage Area F. The project site is located within the Mello II Segment of the Carlsbad Local Coastal Program (LCP), with the principal objectives of this plan including protection of coastal waters and associated tributaries. Sensitive Sf^ecies Surveys and Results April 2002 3223-01 & ASSOCIATES, INC. Pacifica Palomar Improvements Project Page 4 Prajes%iona\ Ttams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification Focused surveys for the federally-listed endangered least Bell's vireo (Vireo bellii pusillus) were conducted by Renee Owens between April 12 and June 21, 2000. The surveys were conducted under the authority of Federal 10a permit# 799569 and in accordance with the current U.S. Fish and Wildlife Service permit survey protocol guidelines and requirements. A recorded tape of least Bell's vireo vocaHzations was played briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. No least Bell's vireo individuals were detected within the project site; however, a pair of yellow-breasted chats {Icteria virens), a State Species of Concern, was detected in the riparian vegetation approximately midway between Laurel Tree Road and the eastern border of the site. Although no least Bell's vireos were observed during focused surveys, if project grading activities are not completed outside of the breeding season, the project apphcant will consult with the United States Fish and Wildlife Service to determine whether additional surveys or mitigation are needed. Surveys for the federally-listed endangered southwestern willow flycatcher {Empidonax trailli extimus) were conducted concurrently with surveys for the least Bell's vireo, and no southwestern willow flycatchers were observed onsite. No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (please see Appendix B). These species include one federally- and state-listed endangered species (Orcutt's spineflower [Chorizanthe orcuttiana]), and two federally-listed threatened and state-Hsted endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thornmint [Acanthomintha ilicifolia]). HELIX biologist Sally Trnka conducted surveys for these species within the Pacific Enterprises property on May 26, 2000. No rare plants were detected during the survey and because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, no rare plants are likely to appear onsite. PROJECT DESCRIPTION AND IMPACT ANALYSIS Pacifica Enterprises proposes to construct a 120,000 square foot, three story, office building with 385 surface and 104 underground parking spaces on approximately 16 acres in the City of Carlsbad, California. Improvements to the existing Laurel Tree Road, a public road, will be implemented and will consist of the installation of a 140' X 65' triple box culvert; the & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 5 Pro/*>.'isio»iai Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification extension of drainage facilities from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and the installation of a storm water detention basin along the southern edge of the proposed office building (see Figure 4). In addition, a 50-foot buffer is proposed to extend from the existing riparian habitat to the southern edge of the proposed commercial development. The buffer area, which is currently comprised of non-native weedy species, will be revegetated with a native vegetation mix that will serve to filter runoff and prevent exotic plant species from entering Encinas Creek. As mentioned previously, the appUcant will be responsible for installing and maintaining a storm water detention basin within the project site. The stormwater detention basins will be installed within a portion of the buffer area to control pollutant discharge in accordance with National Pollutant Discharge Elimination System (NPDES) best management practices and will be designed to collect and filter urban water runoff from Palomar Airport Road and the project site before emptying into Encinas Creek {Figure 4). The applicant also proposes to install a citywide trail segment along the southern edge of the development (between the office building and the detention basin). Please note that the construction of the trail and the stormwater detention basin will not result in additional impacts to jurisdictional wetlands. Implementation of the proposed project will permanently impact approximately 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. Temporary impacts to 0.02 acre of freshwater marsh and 0.01 acre of southern willow scrub will also be incurred due to the installation of energy dissipaters at storm drain outlets {Figure 4)- TABLE 1 PROPOSED IMPACTS BY IMPACT AREA AND HABITAT/DRAINAGE TYPE Impacts ACOE Jurisdictional Habitat Types (in acres) Southern Willow Scrub Permanent • 0.02 Temporary • 0.01 Freshwater Marsh Permanent • 0.04 Temporary -0.02 & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Pages Professiona] Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification Culverted Waters of the U.S. Permanent - Temporary - 0.05 Permanent Jurisdictional Impacts 0.11 Temporary Jurisdictional Impacts 0.03 ^Column may not total precisely due to rounding error FUNCTIONS AND VALUES The focus of this analysis is on the existing functions and values of the aquatic resources, including wetlands, onsite within Encinas Creek. The wetlands functions evaluated include flood storage and flood flow modification, nutrient retention and transformation, sediment trapping, toxicant trapping, wildlife habitat, aquatic habitat and public use. Encinas Creek is a perennial, blueline stream which ultimately empties into the Pacific Ocean, located approximately 1.5 miles downstream of the project site. Encinas Creek flows westward through a dense riparian corridor comprised primarily of disturbed riparian communities, including southern willow scrub, until it empties directly into the Pacific Ocean. Upstream of the project site, Encinas Creek is comprised primarily of southern willow scrub. Within the study area, Encinas Creek travels linearly through the project site, is strongly defined topographically and contains a constricted outlet (culverts under existing Laurel Tree Road); therefore, the creek has a low to moderate potential to provide water retention, flood flow modification and flood storage. Regarding nutrient retention and transformation and sediment and toxicant trapping, the surrounding watershed contains moderate development and a fair amount of natural forested woodlands and freshwater marsh habitat; this, in combination with the presence of a constricted outlet causes Encinas Creek to have a moderate potential for these functions. Encinas Creek exhibits perennial v/ater flow and contains dense vegetation along and within the channel itself; therefore, the potential for Encinas Creek to provide aquatic habitat is high. Faunal and avifaunal species may visit the creek for foraging, roosting, and nesting opportunities. Wildlife species may also utilize the portion of Encinas Creek onsite as a movement corridor to access other areas of high biological value upstream and downstream of the project site; therefore, Encinas Creek offers a high potential to provide wildlife habitat. Within the project site, Encinas Creek provides water on a perennial basis but because the creek is characterized by dense southern willow scrub, access to the creek is limited; therefore, the creek offers very little opportunity for & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 7 Professionai Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification public recreation. MITIGATION PLAN Avoidance and minimization are the first steps in mitigation and have been an integral part of the planning efforts for this project. Of the 1.01 acres of jurisdictional waters and wetlands onsite, 0.87 acre are being avoided and will be preserved onsite along Encinas Creek (see Table 2). However, permanent impacts to 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek. TABLE 2 ACREAGE IMPACTS TO JURISDICTIONAL AREAS FOR THE PROPOSED PROJECT Habitat Type Existing Acres Permanent Impacts ACOE (Acres) Temporary Impacts (Acres) Remaining Acreages after Impacts Southern Willow Scrub 0.7 0.02 0.01 0.67 Disturbed Southern Willow Scrub 0.06 -... 0.06 Freshwater Marsh 0.2 0.04 0.02 0.14 Culverted Waters of the U.S. 0.05 0.05 ... ... TOTAL 1.01 0.11 0.03 0.87 Proposed mitigation for permanent impacts to 0.02 acre of southern willow scrub and 0.04 acre of freshwater marsh will include the onsite creation and enhancement of 0.1 acre of jurisdictional wetlands at a ratio of 3:1 for southern willow scrub (1:1 creation. 2:1 enhancement) and 1:1 for freshwater marsh habitat. Impacts to culverted waters of the U.S. will be mitigated through the replacement of the existing culverts with a triple box culvert. The mitigation program will occur along the far eastern property boundary within extensive disturbed habitat. Temporary impacts to 0.01 acre of southern willow scrub and 0.02 acre of freshwater marsh will be restored to pre-construction contours and revegetated with native vegetation. MEASURE OF BENEFICIAL USES &. ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Pages Profussional Teams for Complex Projec Mr. David Gibson Re: Application for Section 401 Water Quality Certification The beneficial uses for Encinas Creek (identified as "Canyon de las Encinas") within the project study area are described below as identified in the San Diego Region (Region 9) Basin Plan. Existing beneficial uses: • Non-Contact Water Recreation • Warm Freshwater Habitat • Wildlife Habitat Potential beneficial uses: • Contact Water Recreation The beneficial uses identified for Encinas Creek will not be affected by the proposed project because best management practices (BMPs) will be implemented during construction to ensure that water quahty is not compromised during the course of construction, and revegetation efforts will occur onsite within the 50-foot buffer. Contact and non-contact water recreation would not be adversely affected by the proposed project because BMPs will be used to protect and maintain water quality within the watershed. Warm freshwater habitat and wildlife habitat would not be negatively affected by the proposed action because the restoration and revegetation efforts will occur onsite within the 50-foot buffer. MEASURES TO MAINTAIN OR IMPROVE EXISTING WATER QUALITY Construction of the proposed project has been designed to limit potential impacts to water quality to Encinas Creek. Temporary and permanent siltation and erosion control measures are incorporated into the proposed project to minimize and avoid water quality impacts both during and after construction. The applicant has proposed to implement several measures to reduce impacts to Encinas Creek located immediately adjacent to the proposed development. These measures include locating parking areas away from the riparian/buffer zones to the greatest extent feasible and grading the project site such that all associated drainage will be subjected to onsite BMPs prior to discharge. & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 9 ;1 Teams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification Specific BMPs will be used to ensure that siltation and erosion are minimized within the stream channel and will be incorporated into the final design of the project in order to ensure that water quality is not degraded. A combination of some of the following short-term erosion and sediment control practices will be implemented: Short-term Construction BMPs: 1) Use of silt fences and straw bales in construction areas; 2) Prompt revegetation of surrounding areas to prevent erosion; 3) Equipment storage, fueling and staging areas shall be located in upland or developed areas away from Encinas Creek; Long-term Construction BMPs: 1) Installation of grease separators; 2) Fossil filters at storm drain outlets; 3) 50-foot buffer located at the southernmost edge of the proposed development to the existing riparian habitat; 4) Sediment basin located due north of the proposed 50-foot buffer; and, 5) All sediment/swale maintenance will be accompUshed manually. PAST AND FUTURE IMPACTS TO WATER QUALITY The applicant has not had any impacts within the past five years that are in any way related to the proposed activity or that may impact the same receiving water body, Encinas Creek, and its tributaries, nor do they plan on impacting this same watershed and its tributaries within the next five years. April 2002 3223-01 Pacifica Palomar Improvements Project Page 10 ProfessUmdi T&ams for Complex Projects Mr. David Gibson Re: Application for Section 401 Water Quality Certification STATUS OF NOTIFICATION OF THE U.S. ARMY CORPS OF ENGINEERS Pacific Enterprises is concurrently applying for Nationwide Permit 39 (pre-construction notification). FILING FEE Enclosed is a check for $1,000.00 for the filing fee. Pacifica Enterprises Island Realty 1, L.P. hopes that the Regional Water Ouality Control Board deems this application for Section 401 Water Quality Certification to be complete. If you have any questions or require further information regarding this project, please do not hesitate to call me at (760) 942-5147. Very truly yours, DUDEK & ASSOCIATES, INC. Tricia L. Wotipka Biologist/Environmental Specialist I TLW/alc cc: AU Shapouri, Shapouri d2 Associates Van Lynch, City of Carlsbad att: Figures 1-5 Appendices A-B Copy of NWP 59 letter Copy of Section 1603 Letter Copy of Coastal Development Permit Mitigated Negative Declaration & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 11 Professional Teams for Complex Projects WATER QUALITY CERTIFICATION APPLICATION Please provide the following information for our records when submitting your application for Water Quality Certification. 1. Applicant Pacifica Enterprises Island Realty 1. L.P. 2. Address 12780 High Bluff Drive. Suite 160 3. City, State, Zip San Diego. Califomia 92130 4. Applicant Contact: Ali Shapouri (include name, phone, fax, email) Tel: (858) 756-8340: Fax: (858) 756-8344: e-mail: ah@.shapouri.com 5. Agent (contractor, consultant) Name Dudek & Associates. Inc. Address 605 Third Street Encinitas. CA 92024 Contact Tricia Wotipka (include name, phone, fax, email) TEL: 760-942-5147 FAX: 760-632-8710 twotipka(g).dudek.com STATEMENT OF AUTHORIZATION I hereby authorize Padeic ^ f\e,^euo^<f3,1jr\c. to act in my behalf as my agent in the processing of this application, and to fumish upon request, supplemental information in support of this permit application. Applicant's Signatx^ Date 6. Project Title Pacifica Palomar Improvements Project 7. Project Description Please see attached letter. 8. Army Corps of Engineers Permit Type Nationwide Permit 39 Pre-Constmction 9. U.S. Army Corps of Engineers Contact Mr. Rob Lawrence Page 1 of 6 10. Affected Water Body: Encinas Creek Hydrologic area and subarea (as defined in the Basin Plan) Basin Number 4.40 11. County (San Diego, Riverside, Orange) San Diego 12. Assessor's Parcel Number(s^ 212-040-25-00 13. Latitude/Longitude (degrees, minutes, seconds) longitude 117° 17' 54"W and latitude 33°07' 22"N. 14. Project activity which necessitates the issuance of a Corps of Engineers Section 404 Permit (including Nationwide Permits). (FILL-IN APPROPRIATE BOXES) Wetland Jurisdictional wetland, as determined by current federal delineation protocol. Riparian Characteristic riparian (stream or lakeside) vegetation/habitat, but not jurisdictional wetland Streambed Below normal high water, non-vegetated (maybe wet or dry) WETLAND RIPARIAN STREAMBED LAKE OCEAN/BAY IMPACT (ACRES) FILL TOTAL PERMANENT TEMPORARY 0.06 0.03 0.09 0.09 0.09 0.18 0.05 ... 0.05 15. Proposed mitigation measures (FILL IN APPROPRIATE BOXES IN ACRES) MITIGATION IVIEASURES WETLAND RIPARIAN STREAMBED LAKE OCEAN Create Preserve Restore Create Preserve Restore Create Preserve Restore Create Preserve Restore Create Preserve Restore 0.06 0.87 0.04 0.09 1.9 0.18 ... .... Total 0.97 acre Total 2.17 acre Total Total Total Page 2 of 6 16. Dredge/Fill Volume (yd^^ 323 vd^ 17. Percent Impervious Cover pre- and post-Project pre: 0.06%: post: 54% 18. Appropriate Fee ($1,000.00 per acre, or part thereof, of impact to jurisdictional waters ofthe U.S.) Check No. and Amount: No. 1007: Amount S 1.000.00 19. Has your project (e.g., tentative map) received approval from local govemment agencies (e.g., City, County)? If yes, please provide the date and contact information (name, phone number, agency). The City of Carlsbad Planning Commission passed, approved, and adopted the Mitigated Negative Declaration on September 19.2001. For more information please contact Van Lynch at the Citv of Carlsbad at (760^ 602-4613. 20. Has the stormwater management personnel of the local govemment agency recently reviewed and accepted the proposed stormwater pollution prevention and control measures that you intend to implement? If yes, please provide the date and contact information (name, phone number, agency).If no, please explain why their review has not been obtained. The project is conditioned to prepare a SWPPP prior to constmction. See Item 21. 21. Has the stormwater management persormel of the local goverrmient agency recently reviewed and accepted the proposed Standard Urban Storm Water Mitigation Plans (SUSUMP) measures that you intend to implement? If yes, please provide the date and contact information (name, phone number, agency). If no, please explain why their review has not been obtained. During the discretionary review phase, the goveming agency reviewed the water quality mitigation measures being proposed with this project. The agency offered conceptual approval that sufficient measures are being implemented to ensure that this project will not result in increased pollutants in storm water runoff and that the project complies with the recent Order No. 2001-01 issued by the Cahfomia Regional Water Ouality Control Board. In fact, the agency is pleased that the proposed water quality measures wall not only address water quality for this site, but will also provide water quality improvement for areas upstream of the watershed as well. As a final note, the agency has required that a storm water pollution prevention plan be prepared and approved by the agency prior to constmction being issued. This plan will identify all pollutants of concem and will indicate all water quality measures to be implemented during constmction and post-constmction phases of tis project. 22. Have you, or a previous property owner, conducted any grading activities onsite prior to the submittal of this 401 application? If yes, please provide the date the grading Page 3 of 6 Yes. Aerial photographs dating back to 1973 show the project site being extensively disturbed by agricultural practices and the creek being channelized between dirt roads to the north and south. In this photograph, barely any vegetation is shown within the creek. Please note that these activities were not conducted by the current applicant. 23. Have you previously contacted the Regional Board (Region 9) staff regarding this project? If yes, please provide the dates and contact names, as well as a brief description of the subject matter. No. 24. Have you, within the last five years or plarmed for the next five years, implemented or plaimed for implementation any projects that are related to the proposed activity or that may impact the same receiving water body(ies) as the proposed project? Please provide a brief list/description that includes, but is not limited to, plant corrmiunities, jurisdictional impacts, project name and permit number, and mitigation. The applicant has not had any impacts within the past five years that are in any way related to the proposed activity or that may impact the same receiving water body. Encinas Creek, and its tributaries, nor do they plan on impacting this same watershed and its tributaries within the next five years. 25. Has the water body (ies) been previously impacted? If so, please provide a brief description of impacts (e.g. placed in a culvert between A Street and B Street) and when this was done. Encinas Creek was previously impacted onsite at the existing crossing of Laurel Tree Road through the installation of culverts. This impact caused approximately 0.05 acre of wetlands habitat only the exact acreage and habitat type is not known at this time. The date when this activity occurred is also uncertain. As indicated in Item 22. aerial photographs dated 1973 show the site and the creek in a highly disturbed and channelized state. Encinas Creek was channelized offsite and upstream of the project site in the early 1990's and was channelized offsite and downstream of the project site inthe late 1990's. 26. Has the water body (ies) been listed, or is proposed for listing, on the 303(d) list? If yes, for which pollutants, how will your project impact the water body, and what specific Best Management Practices are proposed for this project? Canyon de las Encinas is not listed on the 303(d) list and it is not proposed for listing at this time. 27. For each proposed land use (e.g., residential, street, gas station) identify the expected pollutants, specific Best Management Practices, their efficiency with regards to the Page 4 of 6 expected pollutants, maintenance requirements, and who will conduct the required maintenance. This information will be provided in the SWPPP. which will be supplied to the Regional Water Ouality Control Board in April/May 2002. 28. Do isolated waters (e.g., vemal pools) as defined by the Solid Waste Agencies of Northem Cook County court decision, occur within the project boundaries? If yes, provide a figure showing the drainage locations, channel widths, and existing plant communities. No isolated waters, as defined by the Solid Waste Agencies of the Northem Cook County court decision, occur on the project site. 29. Please complete the following checklist. Included To Be Provided' Not Applicable' Project Description Project vicinity and site maps X Description of entire project X Summary table of impacts to waters of the U.S. X Q2, Q,j and Q,(,(, for pre- and post-project implementation X Description of drainage leading to and from the project area. X Discussion of direct, indirect, permanent, and temporary impacts. X Figure showing mitigation location in relation to impact area. X; 4/02 Figure showing proposed planting X; 4/02 Plant palette X;4/02 Mitigation ratios X Discussion of maintenance, monitoring, success standards, and corrective measures. X;4/02 Description of wildlife corridors within and adjacent to the project area. X Connectivity to open space X Project boundaries within the MSCP, MHCP, or subarea plan areas. X Surrounding land uses X Biological Resources Sensitive species surveys conducted per USFWS protocol X Page 5 of 6 Included To Be Provided' Not Applicable' Sensitive species present onsite X Detailed figures delineating waters of the U.S., other plant communities, and other aquatic resources. X Discussion of functions and values of waters of the U.S. and aquatic resources. X Water Quality Measures that will be implemented to maintain or Improve existing water quality [e.g., filters) X Identification and description of storm drain discharge points (e.g., plant communities, flow rates and volumes, periodicity) X Figures (including proposed grade) of brow ditches, storm drain outlets, etc. X Discussion of water quality pre- and post-project implementation X Measures that will be implemented to maintain water quality during construction X Beneficial Uses Discussion of beneficial uses identified in the Basin Plan^ for the project area X Discussion of impacts (construction, life of project) to beneficial uses X Miscellaneous Cumulative impacts within the watershed X Draft CEQA document Certified CEQA document X Copy of ACOE, CDFG, Coastal Commission, and other applicable permits X If an item is to be provided, please provide the expected delivery date; if an item is not applicable, please explain why. Basin Plan refers to the Water Quality Control Pian for the San Diego Basin (9). California Regional Water Quaiity Control Board, San Diego Region (September 8, 1994). Copies are available for purchase at the Regional Board office or can be downloaded at wvi'v.'.sw,'rcb.ca.gov/rwqcb9. Page 6 of 6 Pacifica Palomar - Joint Permit Application Regional Map FIGURE BASE MAP SOURCE: USGS 7.5 Minute Series, ENCINITAS Quadrangle Pacifica Palomar • Joint Permit Application Vicinity Map FIGURE Southern Willow Scrub disturbed Southern Willow Scrub Freshwater Marsh Southern Mixed Chaparral Disturbed Wetland Disturbed Habitat TOPO/GRADING_SOUC Shapouri & Associates, Nov. 2001; BIOLOGICAL DATA SOURCE: Helix. Nov. 2001 NOTE: A lower case 'i' in front of a vegetation type designator indicates that it is disturbed. (i) 1" = 250" Pacifica Palomar - Joint Permit Application Biological Resources Map with Jurisdictional Delineation FIGURE JURISDICTIONAL AREAS: dSWS ACOEICDFG CDFG Only Permanent Impact Temporary Impact lOPO/GMDMSOUCE: Shapouri & Associates, Nov. 2001; BIOLOGICAL DATA SOURCE: Helix. Nov. 2001 FWM SMC DW DH Southern Willow Scrub disturbed Southern Willow Scrub Freshwater Marsh Southern Mixed Chaparral Disturbed Wetland Disturbed Habitat NOTE: A lower case'd' in front of a vegetation type designator indicates tliat it is disturbed. Pacifica Palomar - Joint Permit Application Biological Resources Map with Impact Area (D 1" = 250' FIGURE Pacifica Palomar - Joint Permit Application Impact Area Focus Map FIGURE 5 DUDEK & ASSOCIATES, INC Professional Teams for Complex Projects Engineering, Planning, Environmental Sciences and Management Services Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760.632.0164 April 3, 2002 3223-01 Mr. Rob Lawrence U.S. Army Corps of Engineers 16885 West Bernardo Drive, Suite 300-A San Diego, CA 92127 Subject: Pre-Construction Notification for Nationwide Permit 39, Pacifica Palomar Improvements Project, City of Carlsbad, California Dear Rob, Pacifica Enterprises Island Realty 1, L.P. (Pacifica Enterprises) is submitting this request for a Pre-Construction Notification for the proposed Pacifica Palomar Improvements Project in conformity with the U.S. Army Corps of Engineers (ACOE), and in accordance with Section 404 of the federal Clean Water Act. PROJECT LOCATION The proposed project site is located just south of the Palomar Airport Road/Aviara Parkway intersection. The project site is identified as Assessor's Parcel Number 212-040-25-00 and is located in an unsectioned piece of land within the U.S. Geological Survey 7.5 minute map, Encinitas quadrangle: Township 12 South; Range 4 West; longitude 117° 17' 54"W and latitude 33°07' 22"N {Figures 1 and 2). Onsite and Surrounding Land Uses lhe majority of the Pacific Enterprises property is level, with one main drainage traversing the southern portion of the eastern parcel and the northern portion of the western parcel. The majority of the site is comprised of disturbed habitat, with native vegetation communities (including freshwater marsh, southern willow scrub, and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern boundary of the parcel (City of Carlsbad, 2001). Onsite elevations range from approximately 100 feet to 160 feet above mean sea level (AMSL). According to Bowman (1973), two soil types are present on the Pacific Enterprises property: Visalia sandy loam (two to five percent slopes), which occurs in alluvial fans and floodplains, and Diablo clay (15 to 30 percent slopes). Mr. Rob Lavcrence Re: Pre-Construction Notification for Nationwide Permit S9 The project site is bordered by Palomar Airport Road to the north, Encinas Creek to the south, and undeveloped, disturbed land to the east and west. METHODS A formal delineation of "waters of the United States", including wetlands, under the jurisdiction of the ACOE, was conducted by Helix Environmental Planning, Inc.(HELIX) biologists W. Larry Sward and Sally Trnka on April 12 and 13, 2000 and was updated by Dudek & Associates, Inc. (DUDEK) biologists Sherri Miller and Tricia Wotipka on November 30, 2001. Wetlands were delineated in accordance with the 1987 L^'.S'. Army Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) and the boundaries of the jurisdictional waters and wetlands were mapped directly onto a 1"= 100' base topographic map. Potential ACOE jurisdictional areas were investigated for evidence of vegetation, hydrology and soils. Please refer to Appendix A for the complete wetlands delineation report prepared by HELIX. RESULTS Waters of the U.S. Approximately 1.01 acres of existing jurisdictional waters of the U.S., including wetlands, were identified within the project site: 0.7 acre southern willow scrub, 0.06 acre disturbed southern willow scrub, 0.2 acre freshwater marsh and 0.05 acre culverted waters of the U.S. A general description of each wetland habitat type within the proposed project area is discussed below. Southern Willow Scrub Holland (1986) describes southern willow scrub as a dense, broad-leafed, winter-deciduous riparian thicket dominated by several species of willow, including arroyo willow {Salix lasiolepis), and Goodding's black willow {Salix gooddingii), with scattered Fremont's cottonwood {Populus fremontii) and western sycamore {Platanus racemosa). Willow density typically inhibits the development of an understory. Within the Pacific Enterprises property, southern willow scrub is dominated by arroyo wUlow 1 &ASSOCL4TES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 2 Pro/esjMmaJ Teams for Complex Projects Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 3>9 {Salix lasiolepis) and Fremont's cottonwood {Populus fremontii). Disturbed Southern Willow Scrub This plant community consists of southern willow scrub with a substantial invasion of exotic/non-native plant species, like pampas grass {Cortaderia selloana) which generally outcompetes with native vegetation for resources. Freshwater Marsh According to Holland (1986), coastal and valley freshwater marsh is typically dominated by perennial, emergent monocots which range in height from 12 to 15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. Characteristic species include riparian monocots such as cattails {Typha sp.), spike sedge {Eleocharis sp.), rush (Juncus sp.), and umbrella sedge {Cyperus sp.). Onsite, this habitat type is primarily dominated by bulrush {Scirpus sp.) and cattails {Typha sp.). Culverted Waters ofthe U.S. This habitat type refers to the area onsite where Encinas Creek passes under Laurel Tree Road (currently a dirt road) and is completely enclosed within an existing box culvert and two 36- inch pipe culverts. Wildlife Corridors Wildlife corridors can be described as linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants {e.g., via wildlife vectors). The project study area is located along Encinas Creek. Riparian corridors are typically used by wildlife as movement corridors and this drainage links inland areas within the City of Carlsbad with the Pacific Ocean, located approximately 1.5 miles west of the study area. Project Relation to Regional Planning Efforts The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conservation Planning (NCCP) subarea plan, addressing potential impacts to native species April 2002 3223-01 Pacifica Palomar Improvements Project Page 3 Pro/essional Teams for Complex Projects Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 39 and habitats while at the same time providing mitigation options that satisfy the federal and state Endangered Species Acts (ESAs). The primary objective of the HMP is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad HMP designated Focus Planning Areas (FPAs), or Special Resource Areas. The project site is located immediately north and west of Linkage Area F. This linkage connects Core 6 and Core 8 FPAs and is intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect Linkage Area F. The project site is located within the Mello II Segment of the Carlsbad Local Coastal Program (LCP), with the principal objectives of this plan including protection of coastal waters and associated tributaries. Sensitive Species Surveys and Results Focused surveys for the federally-listed endangered least Bell's vireo (Vireo bellii pusillus) were conducted by Renee Owens between April 12 and June 21, 2000. The surveys were conducted under the authority of Federal 10a permit# 799569 and in accordance with the current U.S. Fish and Wildlife Service permit survey protocol guidelines and requirements. A recorded tape of least Bell's vireo vocalizations was played briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. No least Bell's vireo individuals were detected within the project site; however, a pair of yellow-breasted chats {Icteria virens), a State Species of Concern, was detected in the riparian vegetation approximately midway between Laurel Tree Road and the eastern border of the site. Although no least Bell's vireos were observed during focused surveys, if project grading activities are not completed outside of the breeding season, the project applicant will consult with the United States Fish and Wildlife Service to determine whether additional surveys or mitigation are needed. Surveys for the federally-listed endangered southwestern willow flycatcher {Empidonax trailli extimus) were conducted concurrently with surveys for the least Bell's vireo, and no southwestern willow flycatchers were observed onsite. & ASSOCIATES, INC. April 2002 , 3223-01 Pacifica Palomar Improvements Project Page 4 Professional Teams for Complex Project Mr. Rob Lawrence Re:-Pre-Construction Notification for Nationwide Permit 39 No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (please see Appendix B). These species include one federally- and state-listed endangered species (Orcutt's spineflower [Chorizanthe orcuttiana]), and two federally-listed threatened and state-listed endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thornmint [Acanthomintha ilicifolia]). HELIX biologist Sally Trnka conducted surveys for these species within the Pacific Enterprises property on May 26, 2000. No rare plants were detected during the survey and because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, no rare plants are likely to appear onsite. PROJECT DESCRIPTION AND IMPACT ANALYSIS Pacifica Enterprises proposes to construct a 120,000 square foot, three story, office building with 385 surface and 104 underground parking spaces on approximately 16 acres in the City of Carlsbad, California. Improvements to the existing Laurel Tree Road, a public road, will be implemented and will consist of the installation of a 140' X 65' triple box culvert; the extension of drainage facilities from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and the installation of a storm water detention basin along the southern edge of the proposed office building (see Figures 4 and 5). In addition, a 50-foot buffer is proposed to extend from the existing riparian habitat to the southern edge of the proposed commercial development. The buffer area, which is currently comprised of non-native weedy species, will be revegetated with a native vegetation mix that will serve to filter runoff and prevent exotic plant species from entering Encinas Creek. As mentioned previously, the applicant will be responsible for installing and maintaining a storm water detention basin within the project site. The stormwater detention basins will be installed within a portion of the buffer area to control pollutant discharge in accordance with National Pollutant Discharge Elimination System (NPDES) best management practices and will be designed to collect and filter urban water runoff from Palomar Airport Road and the project site before emptying into Encinas Creek {Figure 4). The applicant also proposes to install a citywide trail segment along the southern edge of the development (between the office building and the detention basin). Please note that the construction of the trail and the stormwater detention basin will not result in additional &ASSOCU.TES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page 5 Pro/essionai Tearrts for Comjilcc Projects Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 3 9 impacts to jurisdictional wetlands. Implementation of the proposed project will permanently impact approximately 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. Temporary impacts to 0.02 acre of freshwater marsh and 0.01 acre of southern willow scrub will also be incurred due to the installation of energy dissipators at storm drain outlets {Figure 4). TABLE 1 PROPOSED IMPACTS BY IMPACT AREA AND HABITAT/DRAINAGE TYPE Impacts ACOE Jurisdictional Habitat Types (in acres) Southern Willow Scrub Permanent -0.02 Temporary • 0.01 Freshwater Marsh Permanent-0.04 Temporary -0.02 Culverted Waters of the U.S. Permanent -0.05 Temporary -... Permanent Jurisdictional impacts 0.11 Temporary Jurisdictional Impacts 0.03 ^Column may not total precisely due to rounding error MITIGATION PLAN Avoidance and minimization are the first steps in mitigation and have been an integral part of the planning efforts for this project. Of the 1.01 acres of jurisdictional waters and wetlands onsite, 0.87 acre are being avoided and will be preserved onsite along Encinas Creek (see Table Z). However, permanent impacts to 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek. April 2002 3223-01 Pacifica Palomar Improvements Project Pages Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 39 TABLE 2 ACREAGE IMPACTS TO JURISDICTIONAL AREAS FOR THE PROPOSED PROJECT Habitat Type Existing Acres Permanent Impacts (Acres) Temporary Impacts (Acrps) Remaining Acreages after Impacts Southern Willow Scrub 0.7 0.02 0.01 0.67 Disturbed Southern Willow Scrub 0.06 ... ... 0.06 Freshwater Marsh 0.2 0.04 0.02 0.14 Culverted Waters of the U.S. 0.05 0.05 ... ... TOTAL 1.01 0.11 0.03 0.87 Proposed mitigation for permanent impacts to 0.02 acre of southern willow scrub and 0.04 acre of freshwater marsh will include the onsite creation and enhancement of 0.1 acre of jurisdictional wetlands at a ratio of 3:1 for southern willow scrub (1:1 creation. 2:1 enhancement) and 1:1 for freshwater marsh habitat. The mitigation program will occur along the far eastern property boundary within extensive disturbed habitat. Temporary impacts to 0.01 acre of southern willow scrub and 0.02 acre of freshwater marsh will be restored to pre-construction contours and revegetated with native vegetation. If you have any questions or require further information regarding this project, please do not hesitate to call me at (760) 942-5147. Very truly yours, DUDEK & ASSOCIATES, INC. Tricia L. Wotipka Biologist/Environmental Specialist I TLW/alc CC: att: Ali Shapouri, Shapouri 62 Associates Van Lynch, City of Carlsbad Figures 1-5 Appendices A-B Copy of Section 4605 Letter Copy of Section 401 Letter Copy of Coastal Development Permit Mitigated Negative Declaration & ASSOCIATES, INC. April 2002 3223-01 Pacifica Palomar Improvements Project Page? DUDEK & ASSOCIATES, INC. Professional Teams for Complex Projects Engineering, Planning, Environmental Sciences and IVIanagement Services Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760,632.0164 April 3, 2002 3223-01 Ms. Tamara Spear California Department of Fish and Game Lake and Streambed Alteration Program 4949 Viewridge Avenue San Diego, California 92123-1662 Subject: App'lication for Section 1603 Streambed Alteration Agreement for the Proposed Pacifica Palomar Imp^rovements Project, City of Carlsbad, California Dear Tamara, Pacifica Enterprises Island Realty I, L.P. (Pacifica Enterprises) is submitting this application for a Streambed Alteration Agreement ia accordance with Section 1603 of the California Fish and Game Code for the proposed Live Oak Park Road Access Road Improvements Project, located in the County of San Diego, California. Enclosed, please find a completed application form and the fee, as determined from the Fee Schedule, in the amount of $772.75. PROJECT LOCATION The proposed project site is located just south of the Palomar Airport Road/Aviara Parkway intersection. The project site is identified as Assessor's Parcel Number 212-040-25-00 and is located in an unsectioned piece of land within the U.S. Geological Survey 7.5 minute m.ap, Encinitas quadrangle: Township 12 South; Range 4 West; longitude 117°17' 54"W and latitude 33°07' 22"N {Figures 1 andZ). Onsite and Surrounding Land Uses The majority of the Pacific Enterprises property is level, with one main drainage traversing the southern portion of the eastern parcel and the northern portion of the western parcel. The majority of the site is comprised of disturbed habitat, with native vegetation communities (including freshwater marsh, southern willow scrub, and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern boundary of the parcel (Cityof Carlsbad, 2001). Onsite elevations range from approximately Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement 100 feet to 160 feet above mean sea level (AMSL). According to Bowman (1973), two soil types are present on the Pacific Enterprises property: Visalia sandy loam (two to five percent slopes), which occurs in alluvial fans and floodplains, and Diablo clay (15 to 30 percent slopes). The project site is bordered by Palomar Airport Road to the north, Encinas Creek to the south, and undeveloped, disturbed land to the east and west. METHODS A formal delineation of wetlands and waters of the State under the jurisdiction of the California Department of Fish and Game (CDFG), was conducted by Helix Environmental Planning, Inc. (HELIX) biologists W. Larry Sward and Sally Trnka on April 12 and 13, 2000 and was revised by Dudek & Associates, Inc. (DUDEK) biologists Sherri Miller and Tricia Wotipka on November 30, 2001. The CDFG jurisdictional areas were determined primarily on the presence of wetland vegetation where associated with a stream channel. The boundaries of the CDFG jurisdictional wetlands were mapped directly onto a 1"= 100' base topographic map. Please refer to Appendix A for the complete wetlands delineation report prepared by HELIX. RESULTS Waters of the State Approximately 3.15 acres of existing jurisdictional wetlands were identified within the project site: 2.3 acres southern willow scrub, 0.3 acre disturbed southern willow scrub, 0.3 acre disturbed wetlands, 0.2 acre freshwater marsh, and 0.05 acre culverted waters of the U.S. Of the 2.3 acres of southern wUlow scrub, approximately 0.7 acre is under the jurisdiction of the U.S. Army Corps of Engineers (ACOE) and the CDFG. The remaining 1.6 acres are under the jurisdiction of the CDFG only. Of the 0.3 acre of disturbed southern willow scrub, 0.06 acre is under the jurisdiction of the ACOE and CDFG. The remaining 0.24 acre is under the jurisdiction of the CDFG only. A general description of each wetland habitat type within the proposed project area is discussed below. Southern Willow Scrub Holland (1986) describes southern willow scrub as a dense, broad-leafed, winter-deciduous 1 & ASSOCIATES, INC. Pro/essioiuit Teamjr for Complex- Projects April 2002 3223-01 Pacifica Palomar Improvements Project Page 2 Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement. riparian thicket dominated by several species of willow, including arroyo willow {Salix lasiolepis), and Goodding's black willow {Salix gooddingii), with scattered Fremont's cottonwood {Populus fremontii) and western sycamore {Platanus racemosa). Willow density typically inhibits the development of an understory. Within the Pacific Enterprises property, southern wUlow scrub is dominated by arroyo willow {Salix lasiolepis) and Fremont's cottonwood {Populus fremontii). Disturbed Southern Willow Scrub This plant community consists of southern willow scrub with a substantial invasion of exotic/non-native plant species, like pampas grass {Cortaderia selloana) which generally outcompetes with native vegetation for resources. Freshwater Marsh According to Holland (1986), coastal and valley freshwater marsh is typically dominated by perermial, emergent monocots which range in height from 12 to 15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. Characteristic species include riparian monocots such as cattails {Typha sp.), spike sedge {Eleocharis sp.), rush (Juncus sp.), and umbrella sedge {Cyperus sp.). Onsite, this habitat type is primarily dominated by bulrush {Scirpus sp.) and cattails {Typha sp.). Disturbed Wetlands This habitat type generally contains an assemblage of low-growing, hydrophytic vegetation and is typically found within the lowest portion of a stream channel or along the channel banks. Onsite, this habitat type occurs along the upper channel banks of Encinas Creek at the far western property boundary and is dominated by bristly ox-tongue {Picris echioides). Culverted Waters of the U.S. This habitat type refers to the area onsite where Encinas Creek passes under Laurel Tree Road (currently a dirt road) and is completely enclosed within an existing box culvert and two 36- inch pipe culverts. April 2002 3223-01 Pacifica Palomar Improvements Project Page 3 Pro/cssional Teams for Complex Projects Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Project Relation to Regional Planning Efforts The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conservation Planning (NCCP) subarea plan, addressing potential impacts to native species and habitats while at the same time providing mitigation options that satisfy the federal and state Endangered Species Acts (ESAs). The primary objective of the HMP is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad HMP designated Focus Planning Areas (FPAs), or Special Resource Areas. The project site is, however, located immediately north and west of Linkage Area F. This linkage connects Core 6 and Core 8 FPAs and is intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect Linkage Area F. The project site is located within the Mello II Segment of the Carlsbad Local Coastal Program (LCP), with the principal objectives of this plan including protection of coastal waters and associated tributaries. Sensitive Sfecies Surveys and Results Focused surveys for the federally-listed endangered least Bell's vireo (yireo bellii pusillus) were conducted by Renee Owens between April 12 and June 21, 2000. The surveys were conducted under the authority of Federal 10a permit# 799569 and in accordance with the current U.S. Fish and Wildlife Service permit survey protocol guidelines and requirements. A recorded tape of least Bell's vireo vocalizations was played briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. No least Bell's vireo individuals were detected within the project site; however, a pair of yellow-breasted chats {Icteria virens), a State Species of Concern, was detected in the riparian vegetation approximately midway between Laurel Tree Road and the eastern border of the site. Although no least Bell's vireos were observed during focused surveys, if project grading activities are not completed outside of the breeding season, the project applicant wHl consult with the United States Fish and Wildlife Service to determine whether additional surveys or mitigation are needed. April 2002 3223-01 Pacifica Palomar Improvements Project Page 4 Prafessianal Teams for ComjAcx Projects: Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Surveys for the federally-listed endangered southwestern wiUow flycatcher {Empidonax trailli extimus) were conducted concurrently with surveys for the least Bell's vireo, and no southwestern willow flycatchers were observed onsite. No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (please see Appendix B). These species include one federally- and state-Hsted endangered species (Orcutt's spineflower [Chorizanthe orcuttiana]), and two federally-listed threatened and state-Hsted endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thornmint [Acanthomintha ilicifolia]). HELIX biologist Sally Trnka conducted surveys for these species within the Pacific Enterprises property on May 26, 2000. No rare plants were detected during the survey and because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, no rare plants are likely to appear onsite. Wildlife Corridors Wildlife corridors can be described as linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants {e.g., via wUdlife vectors). The project study area is located along Encinas Creek. Riparian corridors are typically used by wildlife as movement corridors and this drainage links inland areas within the City of Carlsbad with the Pacific Ocean, located approximately 1.5 miles west of the study area. PROJECT DESCRIPTION AND IMPACT ANALYSIS Pacifica Enterprises proposes to construct a 120,000 square foot, three story, office building with 385 surface and 104 underground parking spaces on approximately 16 acres in the City of Carlsbad, California. Improvements to the existing Laurel Tree Road, a public road, will be implemented and wiU consist of the instaUation of a 140' X 65' triple box culvert; the extension of drainage faciHties from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and the installation of a storm water detention basin along the southern edge of the proposed office building (see Figures 4 and 5). April 2002 3223-01 Pacifica Palomar Improvements Project Page 5 Pro/esjiioTwrl Te.arm for Complex Projects Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement In addition, a 50-foot buffer is proposed to extend from the existing riparian habitat to the southern edge of the proposed commercial development. The buffer area, which is currentiy comprised of non-native weedy species, will be revegetated with a native vegetation mix that wiU serve to filter runoff and prevent exotic plant species from entering Encinas Creek. As mentioned previously, the appHcant will be responsible for installing and maintaining a storm water detention basin within the project site. The stormwater detention basins will be installed within a portion of the buffer area to control pollutant discharge in accordance with National Pollutant Discharge EHmination System (NPDES) best management practices and will be designed to coUect and filter urban water runoff from Palomar Airport Road and the project site before emptying into Encinas Creek {Figure 4). The applicant also proposes to install a citywide trail segment along the southern edge of the development (between the office building and the detention basin). Please note that the construction of the trail and the stormwater detention basin will not result in additional impacts to jurisdictional wetlands. TABLE 1 PROPOSED IMPACTS BY IMPACT AREA AND HABITAT/DRAINAGE TYPE Impacts • CDFG Jurisdictional Habitat Types (in acres) 1 Southern Willow Scrub 1 Permanent • 0.08 1 Temporary • 0.09 1 Disturbed Southern Willow Scrub 1 Permanent • 0.03 1 Temporary • 0.01 1 Freshwater Marsh I ciiiiaiicnL ' 0.04 ! Temporary-0.02 1 Culverted Waters of the U.S. Permanent -0.05 1 Temporary • 1 Permanent Jurisdictional Impacts 0.2 1 Temporary Jurisdictionallmpacts 0.12 1 ^Column may not total precisely due to rounding error & ASSOCIATES, INC. April 2002 3223-01 Professiowl Teams for Con\plex Projects Pacifica Palomar Improvements Project Pages Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Implementation of the proposed project will permanently impact approximately 0.08 acre of southern wUlow scrub, 0.03 acre of disturbed southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. Temporary impacts to 0.09 acre of southern willow scrub, 0.01 acre of disturbed southern wiUow scrub and 0.02 acre of freshwater marsh will also be incurred due to the installation of energy dissipaters at storm drain outlets {Figure 4). MITIGATION PLAN Avoidance and minimization are the first steps in mitigation and have been an integral part of the planning efforts for this project. Of the 3.15 acres of jurisdictional waters and wetlands onsite, 2.83 acres are being avoided and will be preserved onsite along Encinas Creek (see Table Z). However, permanent impacts to 0.08 acre of southern wiUow scrub, 0.03 acre of disturbed southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S., totaling 0.2 acre, are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek. TABLE 2 ACREAGE IMPACTS TO JURISDICTIONAL AREAS FOR THE PROPOSED PROJECT Permanent Impacts Temporary Remaining Acreages Habitat Type Existing Acres Impacts after Impacts (Acres) (Acres) Southern willow scrub 2.3 0.08 0.09 2.13 Disturbed Southern Willow Scrub 0.3 0.03 0.01 0.26 Freshwater Marsh 0.2 0.04 0.02 0.14 Disturbed Wetlands 0.3 ... 0.3 Culverted Waters of the U.S. 0.05 0.05 ... TOTAL 3.15 0.2 0.12 2.83 Proposed mitigation for permanent impacts to 0.2 acre of jurisdictional wetlands will include the creation and enhancement of 0.4 acre of wetlands at a ratio of 3:1 (1:1 creation, 2:1 enhancement) for southern wiUow scrub and disturbed southern willow scrub and 1:1 for freshwater marsh. Impacts to culverted waters of the U.S. wiU be mitigated through the replacement of the existing culverts with a triple box culvert. The mitigation program will April 2002 3223-01 pTofesskrml Teams for Coml>lex Projects Pacifica Palomar improvements Project Page 7 Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement create approximately 0.1 acre of southern willow scrub and 0.04 acre of freshwater marsh and will enhance approximately 0.2 acre of southern willow scrub. The mitigation program will occur primarily along the far eastern property boundary within extensive disturbed habitat and within disturbed patches of southern wiUow scrub along Encinas Creek. Temporary impacts to 0.09 acre of southern willow scrub, 0.01 acre of disturbed southern willow scrub, and 0.02 acre of freshwater marsh will be restored to pre-construction contours and revegetated with native vegetation. Pacific Enterprises Island Realty 1, L.P. hopes that the CaHfornia Department of Fish and Game deems this apphcation for a Section 1603 Streambed Alteration Agreement to be complete. If you have any questions or require further information regarding the project, please call me at (760) 942-5147. Very truly yours, DUDEK & ASSOCIATES, INC. Tricia L. Wotipka Biologist/Environmental SpeciaHst I TLW/alc CC: Ali Shapouri, Shapouri di Associates Van Lynch, City of Carlsbad att: Figures 1-5 Appendices A-B Copy ofNWP 39 letter Copy of Section 401 letter Copy of Coastal Development Permit Mitigated Negative Declaration April 2002 3223-01 Pacifica Palomar Improvements Project Page 8 Professitmal Tcorns for Complex Projects NOTIFICAHON OF LAKE OR STREAMBED ALTERATION (See attachmentlenclosurefor instructions) •1601 (PubHc) |g|1603 (Private) U Timber Harvest • Commercial Qravel Extraction Plan Applicant Information • Name (Address Telephone Number Applicant Pacifica Enterprises Island Realty I, L.P. 12780 High Bluff Drive, Ste. 160 SanDiego, CA 92130 Business: (gss) 755-0216 Fax: Operator Ali Shapouri Shapouri & Associates P.O. Box 676221 Rancho Santa Fe, CA 92067 Business: (858) 756-8340 Fax: (858) 756-8344 Contractor (if known): Business: Fax: IContact Person (if not |appHcant) Tricia Wotipka Dudek & Associates, hic. 605 Third Street Encinitas, CA 92024 Business: (760) 942-5147 Fax: (760) 632-8710 Property Owner: 1 Business: "ax: Project Information |c ounty 1 Assessor's Parcel |L . VT u Section 1 Number || Range j Township USGS Map ISan Diego 212-040-25-00 | 4W 12 South Encinitas Name ot Kiver, [Stream, or Lake: Encinas Creek Tributary ToV Empties directly into Pacific Ocean Proposed Start Date: ] Proposed Completion Date: Project Cost (see instructions) between $25,000 and $500,000 Number of Stream Encroachments (Timber Harvest Plans Onlv): Attachments/Enclosures Please attach or enclose the following documents listed below and check the boxes ofthe documents ;attached or enclosed. IXI Project Description (below) ^ Map showing the location ofthe project, including distances CU Construction plans pertaining to the project Please attach or enclose the following documents listed below, if applicable, and check the boxes of the documents attached or enclosed. Completed CEQA documents: • Environmental Impact Report • Negative Declaration IS Mitigated Negative Declaration D Notice of Exemption Copies of all applicable local, State, or federal Dermits, agreements, or other authorizations: K ^Local. Describe: City of Carlsbad Coastal Development Pennit Copies of all applicable local, State, or federal Dermits, agreements, or other authorizations: K •State. Describe: Copies of all applicable local, State, or federal Dermits, agreements, or other authorizations: K •Federal. Describe: Name of Applicant: Pacifica Enterprises Island Realty I, L.P. Project Description Please describe your project or activity in detail below and, if necessary, on separate attached pages. Please see attached letter. X Continued on separate page(s) / hereby certify that all information contained in this notification is true and correct and that I am authorized to sign this document. I understand that in the event this information isfound to be untrue or incorrect, I may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete andlor cancel any Lake or Streambed Alteration Agreement issuedpursuant to this notification. I understand that this notification is valid onlyfor the project described herein and that I may be subject to civil or criminalprosecutionfor undertaking a project that differsftom the one described herein, unless I have notified the Department of that project in accordance with section 1601 or 1603 of the Fish and Game Code. I understand that a Department representative may, need to inspect the property where the project described herein will take place before issuing a Lake or Streambed Alteration Agreement pursuant to this notification. In the event the Department determines that a site inspection is necessary, Thereby authorize the Department to enter the property where the project described herein will take place to inspect the properry at any reasonable time and certify that 1 am authorized to grant the Department permission to access the property. X I request the Department to first contact me at (insert telephone number) Tricia Wotipka at (760) 942-5147 to schedule a date and time to enter the property where the project described herein will take place and understand that this may delay the Department's evaluation of the project described herein. or Oper£ oa Operator or Operator's Representative Date For Department Use Only Notification No.: Date Received: Fees _ Yes $ 1 enclosed? _ No Notification Complete? Yes. i-day letter sent on (date): No. Notification materials and application fee retumed on (date): Notes: Project Questioimaire CALIFORNIA THE GOLDEN STATE DEPARTMENT OE EISH AND GAME Page I of 2 CALII-ORNIA HOIVIEPAGE Lake and Streambed Alteration Program Project Questionnaire Please complete the following questionnaire and submit it with your notification package to expedite the Department's review of your proposed project or activity. Please attach or enclose anv additional Ye! Maybe/ * Uncertaii N I Please explain if you ^ responded "yes" or " maybe/uncertain " 1. Will the project or activity involve work on the bank of a river, stream, or lake? 1 X Riprap, culverts and improvements to Laurel Tree Road 2. If you answered "yes" to #1, will the project or activity involve any of the following: 1 a. Removal of any vegetation? |x 1 0.08 ac sws, 0.03 ac dSWS, 0.04 ac FWM, & 0.03 ac culvert b. Excavation ofthe bank? |x 1 1 for cxilverts c. Placement of piers? X 1 d. Placement of bank protection or stabilization structures or materials (e.g., gabions, rip-rap, concrete slurry/sacks)? X Riprap at stormdrain outlets 3. Will the project or activi^ take place in, adjacent to, or near a river that has been designated as "wild and scenic" under state or federal law? X 4. Will the project or activity involve work m the bed or channel of a river, stream, or lake? X During culvert replacementt 5. Will the project or activity involve the placement of any permanent or temporary structure in a river, stream, or lake? X Dewatering pump or diversion pipe 6. Will the project involve the use of material from a streambed? X 7. Will the project or activity result in the disposal or deposition of debris, waste, or other material in a river, stream, or lake? X Replacement of existiug culvert with a triple box culvert a. if you answered "yes" to #7, describe the material that will be disposed of or deposited in the river stream, or, lake: clean, fill dirt 8. Wili any type of equipment be used in a river, stream, or lake? X a. If you answered "yes" to #8, describe the type of equipment that will be used: backhoes, excavators '9. Does the project or activity area flood or periodically become inundated with water? j X 1 Encinas Creek is a perennial tributary to Pacific Ocean 1 0. Will water need to be diverted from a river, | stream, or lake for the project or activity? j X 1 Temporarily during culvert replacement 1 1. It you answered "yes" to #10, please answer j http: //www. dfg. ca. go v/wahcb/proj ques.html 5/13/99 'Project Questionnaire [the following: I •; —o' a. Will this be a temporary diversion? b. Will water quality be affected by the deposition of silt, an increase in water temperature, a change in the pH level, or in some other way? c. Will the water be diverted by means of a dam, reservoh, or other water impoimdment structure? X Page 2 of 2 X Only during construction 12. Will the project or activity be done pursuant to " water right application or permit? X 13. Has a wildlife assessment or study been completed for the area where or near where the project or activity will take place? (If "yes'-p^^^^^ attach or enclose a copy of the assessment or study.) X 14. May the project or activity affect fish, amphibians, insects, or other aquatic resources? X A Biological Survey Report was prepared by Helix dated November 27, 2001 X 15. May the project or activity affect terrestrial kildlife? X Temporarily during construction Temporarily during construction 16. Are any endangered or rare plant species thought or known to occur in the area where the proposed project or activity will take place? San Diego thommint, thread-leaved brodiaea 17. Are any endangered or threatened fish, bird, or animal species thought or known to occur in the area where the proposed project or activity will take place? X least Bell's vireo 18. Have you contacted any other local, State, or federal agency regarding the project or activity? X a. If you answered "yes" to # 18, please list the names of the agencies you have contacted: Regional Water Quality Control Board, U.S. Army Corps of Engineers, City of Carlsbad 19. Have you applied for or obtained any permit, agreement, or other authorization for your project or activity from any govemment agency? X If you answered "yes" to # 19, please hst the names or describe the permit, agreement, or authorization you have applied for or obtained: Section 401 Water Quality Certification, NWP 39, Coastal Development Permit (approved on November 6,2001) 2U. Have any environmental documents pertaining to your project or activity been prepared? X a. If you answered "yes" to #20, please list the environmental documents that have been prepared: Mitigated Negative Declaration I hereby certify that all information contained in this notification is true and correct and that I am authorized to sign this document. I understand that in the event this information is found to be untrue or incorrect, I may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete and/or cancel any Lake or Streambed Alteration Agreement issued pursuant to this notification. Deratoi's Ret Operator or Operator's Representative Date http ://www. dfg. ca. go v/wahcb/proj ques .htui 5/13/99 MAR-27-2002 WED 04:54 PM CITY OF CARLSBAD FAX NO. 760 602 8559 P, 02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. ADOPTING A MITIGATED NEGATIVE DECLARATION, ADDENDUM. AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A COASTAL DEVELOPMENT PERMIT FOR AN OFFICE BUILDING ON A 15:69 ACRE SITE AND REFERRING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN TO THE CITY ATTORNEY FOR APPROVING DOCUMENTS. CASE NAME: PACIFICA PALOMAR OFFICE BUILDING CASE NO.: GPA 01-Q5/CDP 01-07 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did. on September 19, 2001. hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, Coastal Development Permit, and General Plan Amendment, and recommended their approval; and WHEREAS, the City Council of the City of Carlsbad, on the 6th day of November, 2001, held a duly noticed public hearing to consider said Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, Coastal Development Permit, and General Plan Amendment arid at that time received recommendations, objections, protests, comments of all persons interested in or opposed to GPA 01-05 and CDP 01-02; NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the City Attorney's office shall prepare a document reflecting that the Land Use and Open Space and Conservation Elements of the General Plan are amended as shown in Exhibit 'GPA 01-05" dated September 19, 2001. 3. That Coastal Development Permit 01-02 to develop a 15.69 acre site wifh a 120,000 sq ft office building, as shown on Exhibits "A" - "S" dated September 19, 2001 (on file in the Planning Department) is approved. MAR-27-2002 WED 04:54 RM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 03 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 lg 19 20 21 22 23 24 25 26 27 28 4. That the Mitigated Negative Declaration, Addendum. Mitigation Monitoring and Reporting Program according to Exhibit "ND" dated July 5, 2001 (on file in the Planning Department) are adopted. 5. That the findings of the Planning Commission Resolutions No. 5040. 5042 and 5043 are incorporated herein by reference and are the findings of the City Council. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the. day of NOVEMBER 2001. by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: LORRA/NE M. WOOD, City Clerk (SEAL) MAR-27-2002 WED 04:55 PM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT 01-02 TO DEVELOP A 15,69 ACRE SITE WITH A 120,000 SQUARE FOOT OFFICE BUILDING ON PROPERTY GENERALLY LOCATED ADJACENI" AND SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PACIFICA PALOMAR OFFICE BUILDING CASE NO.: CDP 01-02 WHEREAS, Pacifica Enterprises Island Realty 1 Limited Partnership, "Developer and Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of that certain parcel of land shown and designated as description No. 3,78.01 acres on record of survey map no. 5715, filed in the office of the County Recorder of San Diego County, December 19, J 960, being a portion of Lot G of the Rancho Agua Hedionda, according to map thereof No 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, in the City of Carlsbad, County of San Diego, State of Califomia, lying southerly of the centerline of Palomar Airport Road, as shown on County of San Diego Road Survey No. 1534, ou file in the office of the County Surveyor of said County ("the Property"): and WHEREAS, said verified application constitutes a request for a Coastal Development Pennit as shown on Exhibits "A" - "S" dated September 19, 2001 on file in the Planning Department, PACIFICA PALOMAR OFFICE BUILDING - CDP 01-02 as provided by Cliapter 21,201,040 ofthe Carlsbad Municipal Code; ajid WHEREAS, the Planning Commission did, on the 19th day of September, 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, ofall persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit MAR-27-2002 WED 04:55 PM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: A) That the foregoing recitations are trae and correct, B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PACIFICA PALOMAR OFFICE BUILDING - CDP 01-02 based on the following findings and subject to thc following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and the General Plan and all applicable policies in that the project is in compliance with the relevant polices of the Mello II Segment of the local Coastal Program, tbe Coastal Agricultural Overlay Zone, and the Coastal Resource Protection Overlay Zone in that no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access Is or will be needed through or adjacent to the project site; and no slgnificaht public view points are on or near the site. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located over 2 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the project site. 3. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the projeet has been conditioned to pay the agricultural conversion mitigation fee to develop the property with other than agricultural uses. 4. The project also complies with the requirements of the Coastal Resource Protection Overlay Zone as erosion will be controlled by grading in conformance with thc City's Standards; grading will be restricted to the summer season unless winter grading is required because of the presence of endangered species; the site contains no dual criteria slopes; and the project will adhere to the City's Master drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. Conditions: Note; 1. Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under thc authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No PC RESO NO. 5042 -2- MAR-27-2002 WED 04:55 PM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 06 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building peimit issuance. If any condition for constroction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Cotincil members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising^ directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility pennitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This approval is granted subject to the approval ofthe Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 01-05, and SDP 01-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5040, 5041 and 5043 for those other approvals. Tlie applicant shall apply for and be issued building permits for this project wilhin two (2) years of appix)val or this coastal development pemiit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. To oflset the conversion of non-prime agricultural land to urban laud uses per the requirements of the Mello II Local Coastal program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than Sl0,000 for each net converted acre of non^prlme agricultural land. The amount ofthe fee shall be determined by thc City Council and be paid by the applicant prior to approval of the final map or issuance of any grading permit, whichever occurs first and shall be consistent with tbe provisions of Carlsbad's LCP. PC RESO NO. 5042 -3- MAR-27-2002 WED 04:56 PM CITY OF CARLSBAD FAX NO, 760 602 8559 P, 07 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,' reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or aimul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fccs/cxactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plaiming, zoning, grading or other similar application processing or service fees in coimeclion with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously othenvise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of thc Planning Commission of the City of Carlsbad, California, held on the 19th day of September 2001 by the following vote, to wit AYES NOES ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Compas, and Trigas Commissioners Heineman and Nielsen JEFFIE CARL*SfeAD PL ATTEST: ^ALL,Gfia rfiperson ANNIKG COMMISSION MICHAEOTHOLZffiLER ICHAELJ. BOLZi Planning Director PC RESO NO. 5042 -4-