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HomeMy WebLinkAbout3190; Properties in the Southeast Quadrant Fieldstone/La; Properties in the Southeast Quadrant Fieldstone/La Costa; 1995-06-01City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/ Ongoing Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California June, 1995 Table of Contents Volume I Preface 1. Base Plan 2. First Addendum 3. Second Addendum Volume il Implementation Agreement CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES HABITAT CONSERVATION PLAN/ ONGOING MULTI-SPECIES PLAN for Properties In the Southeast Quadrant of the City of Carlsbad, California June 7, 1995 PREFACE This Habitat Conservation Plan/Ongoing Multi-Species Plan ("HCP/OMSP") became effective on June 7, 1995, with the execution of the related Implementation Agreement among the parties, including: The City of Carlsbad Fieldstone/La Costa Associates Califomia Department of Fish and Game United States Fish and Wildlife Service The HCP/OMSP is comprised of three documents: the Base Plan, as supplemented and revised, serially, by the First Addendum and Second Addendum (Collectively included in Volume I). In addition, the parties have entered into a related Implementing Agreement dated June 7, 1995 ("lA") (included as Volume II), which implements and, in part, further revises the HCP/OMSP. In summary, the revisions in the Base Plan reflected in the Addenda and lA modified the initial commitment of Fieldstone to acquire and dedicate a 240-acre parcel as offsite-mitigation. As revised, this element of the Plan includes: (i) a commitment by Fieldstone to increase the on-site Conserved Habitat by approximately 57.4 acres (to reflect a concem for additional conservation of southern maritime chaparral); (ii) a commitment by the City, as lead agency, under the City's Habitat Management Plan ("HMP") and the subregional Multiple Habitat Conservation Plan ("MHCP") to acquire for conservation purposes 240 acres beneficial to the gnatcatcher within the corridor between the City and the sin Dieguito Riverpark Planning Area with funds available under the HMP and MHCP and, in part, by the acquisition of lands by Fieldstone within the corridor at a cost of up to $1,000,000; and, (iii) the provision by Fieldstone of a Right-of- First-Refusal with respect to the Rancheros- Southeast II Subarea and a commitment to continue to negotiate as a "willing seller" for the sale to and acquisition by the City of additional lands within the Plan Area for conservation purposes; and ^ OG-02-95 ^ P:\WPDOC\01\2110\PREFACE.01 (iv) in addition, the list of Species of Concem to be covered in the HCP/OMSP was revised from the list of 66 species proposed in the First Addendum to the list of 63 species included as Attachment A to this Preface. These revisions are set forth in greater detail in the lA. In interpreting the HCP/OMSP and resolving any conflicts or inconsistencies in the provisions of the Base Plan and the Addenda, a later document shall control and be interpreted as revising an earlier document. As to any conflicts or inconsistencies between the terms of the HCP/OMSP and lA, the terms of the lA shall control. The following summarizes the amount (in acres) of lands and habitats within the HCP/OMSP Plan Area impacted and conserved. Attachment B to this Preface are maps showing the land areas referenced: Rancbaroa/ SouthMBt XI Nortfawast Plan Araa Total HCP/OMSP Plan Area 1,278.20 662.00 *1.955.00 Impact Area 756.80 480.91 1.252.51 Conserved Haibitat **S21.41 ••*181.09 702.50 Coastal sage scrub habitat ("CSS") 832.20 123.00 955.20 conserved 426.67 22.61 449.28 iiT^acted 405.53 100.39 505.90 Southem maritime chaparral habitat 0.00 120.00 120.00 conserved 0.00 75.86 75.86 impacted 0.00 44.10 44.10 Riparian scrub and woodland hahitat 16.60 97.00 113.60 conserved 9.65 34.91 44.56 impacted 6.95 62.09 69.04 Area conserved including 240 acres of offsite mitigation 942.50 Maximum amount of ess preserved assuming all 240 acres of offsite mitigation consists of CSS 678.48 - 1.3:1 mitigation ratio for very high quality CSS * includes 14.8 acres within the Rancho Santa Fe Road right-of-way and construction rights-of-way ** includes 15 acres as mitigation for a prior project *** includes 40 acres as mitigation required for a prior project if Del Mar Memzanita were to be listed under the federal Endangered Species Act or otherwise under the HCP/OMSP. 06-02-95 F:\HPDOC\01\2110\PREFACE.01 m IN WITNESS WHEREOF, the undersigned have approved this HCP/OMSP on the date first set forth above. CITY OF By: A. Lewist MayVr m m FIELDSTONE/LA COSTA ASSOCIATES By: Jo^fkrone, Assistant Secretary m CALIFORNIA DEPARTMENT OF FISH AND GAME By: ^fy^oyd Gippons, Director U. S. FISH Airo/IWILBLIFE SERVICE By: The undersigned have witnessed the approval of this^CP/OMSP on this 7th day of June, 1995. Kathleen A. McGinty Council on Environmental Quality Douglas Wheeler, Secretary The Resources Agency of Califomia City of Carlsbad; Julie Nygaard, Mayor Pro Tempore Ramona Finnila, Councilmember Ann Kulchin, Councilmember Matt Hall, Councilmember Raymond Patchett, City Manager 06-02-95 F:\HPDOC\01\2110\PREFACE.01 Marty Orenyak, Community Development Director Michael Holzmiller, Planning Director Donald Rideout, Senior Management Analyst Rick Alexander, President The Rick Alexander Company Paul Fromer, Consultant RECON Jean K. Carr, Consultant Jean Carr Consulting Califomia Department of Fiah and Game: Larry Eng, Environmental Program Manager Califomia Department of Fish and Game Ronald D. Rempel, Program Manager Califomia Department of Fish and Game Terry Stewart, NCCP Planning Califomia Department of Fish and Game .0. U. S. Fish and Wildlife Service; Dale Hall, Asst. Regional Director U. S. Fish and Wildlife Service Gail Kobetich, Field Supervisor U. S. Fish and Wildlife Service David Harlow, U. S. 'Fish and Wildlife Service z Ken Corey, U. S. Fish and Wildlife Service Mr Fieldstone Consultants; Edwin Sauls The Sauls Company Michael McCollum McCollum Associates Barry Jones Sweetwater Environmental Biologists 06-02-95 F:\MPDOC\01\2110\PREFACE.01 ii m Bill Hofman, President Hofman Planning Associates Lisa King Hofman Planning Associates Douglas Avis Conservationists; Michael Beck Endangered Habitats League Bill Daugherty, Buena Vista Lagoon Chapter, The Audubon Society Jeffrey Opdycke, Local Habitat Analyst San Diego Zoo Seth Schulberg Batiquitos Lagoon Foundation Attorneys: Lynn Cox, Asst. Regional Solicitor U. S. Fish and Wildlife Service Craig Manson, General Counsel Califomia Department of Fish and Game Lindell L. Marsh, Counsel Siemon, Larsen & Marsh Ronald R. Bail, City Attorney City of Carlsbad Others: Michael McLaughlin, Director of Land Use and Planning, San Diego Association of Governments 06-02-95 F:VWPOOCN 01\2110\PREFACE.01 m m ATTACEHENT A TO THE PREFACE OF THE m CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES ^ HABITAT CONSERVATION FLAN/ ON-GOING HOLTI-SPECIES PLAN m List of Species of Concern from Approved Habitat Conservation Plan m m Plants m ^ 1. Encinitas baccharis (Baccharis vanessae) (endangered) 2. San Diego thorn mint (Acanthomintha ilicifolia) ^ {endangered) 3. Thread-leaved brodiaea (Brodiaea filifolia) (endangered! 4. Ashy spike-moss (Selaginella cinerascens) 5. Blochman's dudleya (Dudleya blochmaniae ssp. blochmaniae) 6. Califomia adder's tongue (Ophioglossum californicum) 7. California adolphia (Adolphia califomica) 8. Cliff spurge (Euphorbia misera) 9. Coast white lilac (Ceanothus verrucosus) 10. Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia) 11. Del Mar Mesa sand aster (Corethrogyne filaglnifolia var linifolia) 12. Engelmann oak (Quercus engelmannii) 13. Nuttall's scrub oak (Quercus dumosa) 14. Orcutt's brodiaea (Brodiaea orcuttii) 15. Orcutt's hazardia (Hazardia orcuttii) 16. Palmer's grapplinghook (Harpagonella palmeri) 17. San Diego ambrosia (Ambrosia pumila) 18. San Diego Coast barrel cactus (Ferocactus viridescens) 19. San Diego County viguiera (Viguiera laciniata) 20. San Diego goldenstar {Muilla clevelandii) 21. San Diego marsh elder (Iva hayesiana) 22. San Diego sagewort (Artemisia palmeri) 23. Southwestern spiny rush (Juncus acutus ssp. leopoldii) 24. Sticky-leaved liveforever (Dudleya viscida) 25. Summer holly (Comarostaphylis diversifolia ssp. diversifolia) 26. Westem dichondra (Dichondra occidentalis) Invertebrates 27. Dun skipper (Euphyes vestris harbinsoni) 28. Hermes copper (Lycaena hermes) j^phibians 29. Califomia red-legged frog (Rana aurora draytonii) 30. Westem spadefoot (Scaphiopus hammondii) Reptiles 31. Coastal rosy boa {Lichanura trivirgata rosafusca) 32. Coastal westem whiptail (Cnemidophorus tigris multiscutatus) 33. Coast patch-nosed snake {Salvadora hexalepis virgultea) 34. Coronado skink (Eumeces skiltonianus interparietalis) 35. Northem red diamond rattlesnake (Crotalus ruber ruber) 36. Orange-throated whiptail (Cnemidophorus hyperythrus beldingi) 37. San Diego banded gecko {Coleonyx variegatus abbitti) 38. San Diego homed lizard (Phrynosoma coronatum blainvillei) 39. San Diego ringneck snake (Diadophus punctatus similis) 40. Silvery legless lizard (Anniella pulchra pulchra) 41. Southwestem pond turtle {Clemmys marmorata pallida) 42. Two-striped garter snake {Thamnophis hammondii) Birds 43. Least Bell's vireo (Vireo bellii pusillus) (endangered) 44. Southwestem willow flycatcher (Empidonax trailli extimus) (endangered) 45. Bell's sage sparrow (Amphispiza belli belli) 46. Burrowing owl (Speotyto cunicularia) 47. Califomia homed lark (Eremophila alpestris actia) 48. Coastal California gnatcatcher (Polioptila califomica califomica) 49. Cooper's hawk (Accipiter cooperi) 50. Loggerhead shrike (Lanius ludovicianus) 51. Northem harrier (Circus cyaneus) 52. San Diego cactus wren (Campylorhynchus brunneicapillus couesi) 53. Southem Califomia 3nafous-crowned sparrow {Aimophila ruficeps canescens) 54. Tricolored blaclcbird {Agelaius tricolor) 55. Yellow-breasted chat (Icteria virens) 56. Yellow warbler (Dendroica petechia brewsteri) 57. California mastiff bat (Eumops perotis californicus) 58. Dulzura Califomia pocket mouse (Chaetodipus californicus femoralis) mm m m 59. m 60. m- • 60. m 61. 62. m 63. • m m m m «• m m m m m am Northwestern San Diego pocket mouse (Chaetodipus fallax fallax) San Diego black-tailed jackrabbit (Lepus californicus bennettii) San Diego desert woodrat (Neotoma lepida intermedia) Southem grasshopper mouse (Onychomys torridus ramona) Townsend's westem big-eared bat (Plecotus townsendii townsendii) m m ATTACHMENT B TO THE PREFACE OF THE CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES HABITAT CONSERVATION PLAN/ONGOING MULTISPECIES PLAN SHEET 1 LEGEND /'\./ | Rancheros/Southeast II Subarea Boundary Impact Areas Rancheros/Southeast II Consen/ed Habitat Parcels Existing Roadway Future Roadway _ SOOlE EASEMENT NTS Prepared By: Hofman Planning Associates ATTACHMENT B TO THE PREFACE OF THE CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES HABITAT CONSERVATION PLAN/ONGOING MULTISPECIES PLAN SHEET 2 LEGEND Northwest Subarea Boundary Impact Areas Northwest Conserved Habitat Parcels (previously proposed) Northwest Conserved Habitat Parcels (additionally proposed) 57.4 Acres (Planimeter Measurement at 1"=200' scale) (1) In conjunction with constuction of Carrillo Way NTS Prepared By: Hofman Planning Associates Source: O'Day Consulting Base Plan City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/ Ongoing Multi-Species Plan for Properties in the Soutlieast Quadrant of the City of Carlsbad, California Final June, 1995 City of Carlsbad Fieldstone/La Costa Associates California Department of Fish and Game United States Fish and Wildlife Service m m Habitat Conservation Plan/ Ongoing Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California Final June, 1995 Prepared by The City of Carlsbad and Fieldstone/La Costa Associates Comments and inquiries regarding this document may be addressed to: Don Rideout City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 or John Barone The Fieldstone Company 5465 Morehouse Drive, Suite 250 San Diego, CA 92121 This document is printed on recycled paper, except for the color maps and aerial photos. m m m Carlsbad-FLCA HCP/OMSP Contents Contents Summary s-i 1. Purpose, Scope, and Planning Context i A. Purpose and Scope 1 B. The Planning Context 5 1. Planning Agreements and Process 6 a. 1991 Memoranda of Agreement 6 b. HCP Facilitation Team 6 c. Initial Points of Consensus 7 d. Review and Revision of a Draft Plan 7 2. Road Project 8 3. Carlsbad's General Plan 9 a. GMP 9 b. Draft RMP 9 c. Draft HMP '. '. 10 4. Regional Conservation Programs 10 a. North County MHCP H b. San Dieguito River Valley Regional Open Space and Park Plan 11 c. City of San Diego's MSCP 12 5. Federal and State Laws and Guidelines 12 2. Plan Area Setting and Und Use Profile i7 A. Regional and Local Setting 17 1. San Diego County 17 2. North County 17 3. Carlsbad 17 B. Plan Area Components 20 1. Rancheros-Southeast II 20 2. Northwest 20 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation 29 A. Surveys and Studies 29 1. Pre-Survey Review of Biotechnical Reports 29 2. General Biological Surveys.. 30 3. Regional Vegetation Mapping 31 4. Focused Sensitive B ird Surveys 31 5. Coastal California Gnatcatcher Dispersal Studies 31 6. Focused Rare Plant Surveys 31 7. Focused Herpetological Surveys 32 8. Focused Sensitive Invertebrate Surveys 32 9. Small Mammal Trapping 32 10. Literature Reviews 32 B. Resource Inventory 33 1. Habitat Types 33 a. Diegan Coastal Sage Scrub 34 b. Non-Native and Native Grassland 34 c. Southern Mixed and Southern Maritime Chaparral 34 d. Riparian Scrub and Woodland 37 e. Disturbed Habitat 33 f. Eucalyptus Woodland 38 2. Species of Concern 33 a. Observed Species of Concern 39 b. Potentially Occurring Species 39 C. Habitat Evaluation 39 1. HMP Context 50 a. PPA7 50 b. PPAS 50 2. MHCP Context ....56 m m Final 6-95 m m m Carlsbad-FLCA HCP/OMSP Contents 4. Habitat Conservation Strategy and Impact Analysis 63 A. Configuration of Conserved Habitat 63 1. Rancheros-Southeast II 64 a. Southeast II 64 b. San Marcos Creek 65 c. Rancheros 65 2. Northwest 65 a. Onsite Conservation 69 b. Offsite Conservation 69 B. Impact Analysis.... 69 1. Impacts to Species of Concern 73 2. Alternatives to the Taking 84 a. Complete Avoidance of Take 84 b. Take Only within Road Project Area ....84 c. No Take of Gnatcatchers 85 d. Delay of Take Pending Completion of the HMP 85 e. Offsite Mitigation for Unlimited Plan Area Take 85 f. Reconfiguration of Onsite Conserved Habitat and Development Areas 86 5. Conservation Program and Mitigation Measures 87 A. Habitat Conservation 87 1. Onsite Conservation 87 2. Offsite Conservation 88 3. Ownership of Conserved Habitat 88 B. Habitat Management 88 1. Interim Habitat Management 88 2. Ongoing Habitat Management 89 3. Funding of Habitat Management 90 m m Final 6-95 iii Contents Carlsbad-FLCA HCP/OMSP C. Impact Minimization and Mitigation Measures 90 m 1. Project-Specific Impact Avoidance and Minimization 90 M* a. Nest Site Protection 90 ^ b. Controlled Access and Barriers 91 wm c. Noise Levels 9^ <••» d. Storage and Staging Areas 91 •Mt e. Monitoring 9^ f. Unavoidable Disturbances of Conserved Habitat 91 ^ g. Fuel Management Zones 92 h. Lighting 92 m t. Landscaping 92 — j. Public Information Program 92 ^ 2. Impact Phasing and Project Design Measures 92 ^ 3. Supplemental Mitigation Measures 94 a. Coastal California Gnatcatcher Research 94 b. Coordination with Other Programs 94 c. Cooperation of Other Land Owners 94 HI D. Plan Implementation 94 1. Record Keeping 94 2. Annual Reports 95 3. Periodic Comprehensive Reviews 95 m 4. Procedures in Response to Unforeseen Circumstances 95 5. Authorizations and Assurances 96 „ tm References q? Glossary 99 m HCP Facilitation Team 109 m Plan Preparers m * Appendices A Regulatory Framework of the HCP/OMSP A-1 B Profile of HCP/OMSP Species of Concern B-1 tv Final 6-95 CaWsbad-FtCA HCP/OMSP Contents m Figures s-1 HCP/OMSP Plan Area Components S-3 S-2 Schematic of Conserved Habitat in Rancheros-Southeast II S-15 S-3 Schematic of Conserved HabiUt in Northwest S-16 1 HCP/OMSP Plan Area 2 2 North County Resources 3 3 Plan Area Location 18 4 Northern San Diego County 19 5 GMP Zone Map 21 6 HMP Preserve Planning Areas 22 7 Road Project Finance District r 23 8 Rancheros-Southeast W (aerial photo) 25 9 Northwest (aerial photo) 27 10 Habitat Types in the Plan Area 35 11 Distribution of Coastal California Gnatcatchers in Rancheros-Southeast II 51 12 Distribution of Coastal California Gnatcatchers in Northwest 53 13 MHCP Habitat Evaluation Map for North County 59 14 MHCP Habitat Evaluation Map for Carlsbad 61 15 Schematic of Conserved Habitat on Rancheros-Southeast II • 66 16 Conserved Habitat in Rancheros-Southeast II 67 17 Schematic of Conserved Habitat on Northwest 70 18 Conserved Habitat on Northwest 71 19 Grading Phases in Southeast II 93 Final 6-95 Contents Carlsbad-FLCA HCP/OMSP Tables 5-1 S-2 S-3 S-4 1 2 4 5 6 7 8 9 10 11 12 Habitat Types in the Plan Area S-6 HCP/OMSP Species of Concern 5.7 Conserved Habitat in the Plan Area Components S-13 Summary of Potential Impacts on Species of Concern by Primary Habitat Associations of the Species S-I8 Summary of Applicable Federal and State Laws 13 Information Requirements and Approval Criteria Relevant to the HCP/OMSP 15 General Plan Land Use Designations in the Plan Area 24 Surveys Conducted for the HCP/OMSP 30 Habitat Types in the Plan Area 33 HCP/OMSP Species of Concern 40 Comparison of Citywide, PPA, and Plan Area Habitat Estimates 55 Comparison of MHCP Study Area, Carlsbad, and Plan Area Habitat Estimates 55 Results of MHCP Habitat Evaluation 57 Conserved Habitat in the Plan Area Components 64 Habitat Conserved and Assumed "Taken" by Primary Habitat Associations of the Species of Concern 73 Estimated Impacts of Conservation Strategy on Species of Concern 74 m m VI Final 6-95 Carlsbad-FLCA HCP/OMSP Summao' Summary A. Introduction This Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP/OMSP) is the culmination of a three-year collaborative planning process undertaken by the City of Carlsbad (City) and Fieldstone/La Costa Associates (FLCA) in consultation IB with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG). It covers 1,940.2 acres of land essentially surrounded 1* by existing urban uses in the southeast quadrant of Carlsbad (Figure 5-1), ^ conserving habitat for plant and wildlife species and mitigating the impacts of anticipated urbanization. m Initiated prior to enactment of California's Natural Communities Conservation ^ Planning (NCCP) Act, the HCP/OMSP technically is exempt from the NCCP program; however, it is consistent with NCCP Guidelines and with two * planning efforts that are enrolled in the NCCP program as OMSPs - the City's m Habitat Management Plan (HMP) and the North County Multiple Habitat Conservation Program (MHCP). The plan fulfills NCCP goals and strengthens i» the HMP and MHCP efforts by: • Providing for the preservation and management of up to 885.1 acres of pi coastal sage scrub and other habitats in key locations that will support viable populations of indigenous plants and animals and maintain the link between the City's natural communities and the larger regional ecosystem; and • • Reconciling the current and future needs of diverse public and private interests through a cooperative effort that will sustain and improve sensitive biological resources while allowing necessary economic development and ^ anticipated urbanization to proceed. *• In this way, the HCP/OMSP constitutes a completed aspect of NCCP for the City ^ and subregion. Consistent with the federal and state Endangered Species Acts (ESAs) as well as " the NCCP program, the HCP/OMSP addresses the needs of 66 listed and •i unlisted species associated with habitats in the plan area. It focuses on a number of animal species that are representative of the diversity and sensitivity of resources in the City and region, including the federally-listed coastal ^ California gnatcatcher, and provides protection for nearly 80 percent of all sensitive plant populations in the plan area. Utilizing the best available scientific information, the HCP/OMSP meets the requirements of the ESAs by: Minimizing and mitigating anticipated impacts on the species of concern to the maximum extent practicable; and m m m m ^ Final 6-95 5-1 Summary Carlsbad-FLCA HCP/OMSP • Conserving habitat, habitat linkages, corridors, and buffers in a way that, together with the other impact minimization and mitigation measures, ensures that the likelihood of the species' survival and recovery will not be appreciably reduced. Also in accordance with the ESAs, the plan assures adequate funding for implementation of the conservation and mitigation measures and includes procedures for responding to unforeseen circumstances. The HCP/OMSP also is consistent with the Carlsbad General Plan, providing for the conservation of sensitive resources and the development of land and facilities in accordance with the City's land use, circulation, open space, and growth management plans as well as the proposed HMP. B. Planning Process and Purpose Preparation of the HCP/OMSP began in 1989 and evolved into a unique planning process for a project specific plan, characterized by a consideration of range-wide conservation issues, open public participation, and candid negotiations with conservation interests and federal, state, and local agencies. To ensure continued progress during the process, the planning participants signed a Memorandum of Agreement in 1991 regarding development of a plan and an Initial Points of Consensus document in 1992 establishing the plan's fundamental tenets. The primary purpose of the planning process and this HCP/OMSP is to provide for the conservation of wildlife and its habitat in the context of anticipated urbanization. The HCP/OMSP establishes the basis for government planning and regulation as well as assurances to the landowners and others that the plan will be implemented and that projects and activities in the plan area can proceed without further wildlife mitigation. Specifically, the plan provides the basis for: 1. Issuance by USFWS of a Section 10(a) permit, USFWS authorizations under the gnatcatcher 4(d) rule, and USFWS consultations (internal as well as with other agencies such as the U.S. Army Corps of Engineers) under Section 7 of the federal ESA; 2. Issuance by CDFG of a Section 2081 pemiit under the California ESA and a Section 2835 permit under the NCCP Act; 3. Issuance of permits under the Migratory Bird Treaty Act; 4. Consummation of an implementation agreement, with USFWS, CDFG, the City, and FLCA as parties, implementing the plan and providing the parties with assurances; and 5. Planning and development activities by the City, FLCA, and other landowners in the plan area. Final 6-95 Carlsbad-FLCA HCP/OMSP 1. Purpose, Scope, and Planning Context 1. Purpose, Scope, and Planning Context m This chapter describes the purpose and scope of the plan, the process by which H it was prepared, its relationship to other plans and programs, and the federal and state laws on which it is based. A. Purpose and Scope This HCP/OMSP has been prepared for private properties in two locations within the southeast quadrant of Carlsbad: 1,278.2 acres identified herein as "Rancheros-Southeast 11" and 662.0 acres identified as "Northwest" (Figure 1). f* Its primary purpose is to provide for the conservation of wildlife and its habitat ti in the context of anticipated urbanization. The HCP/OMSP establishes the basis for government planning and regulation as well as assurances to the landowners tm and others that the plan will be implemented and that projects and activities in the plan area can proceed without further wildlife mitigation. Specifically, the plan provides the basis for: c m 1. Issuance by USFWS of a Section 10(a) permit, USFWS authorizations under the gnatcatcher 4(d) rule, and USFWS consultations (internal as well as with other agencies such as the U.S. Army Corps of Engineers) under Section 7 of the federal ESA; 2. Issuance by CDFG of a Section 2081 permit under the California ESA and a Section 2835 permit under the NCCP Act; 3. Issuance of permits under the Migratory Bird Treaty Act; 4. Consummation of an implementation agreement, with USFWS, CDFG, the City, and FLCA as parties, implementing the plan and providing the parties with assurances; and 5. Planning and development activities by the City, FLCA, and other landowners in the plan area. The plan's scope can best be defined in terms of the plan's biological focus and the planning considerations and principles that guided its development. • Biological focus. The biological focus of the plan is the western tip of the largest coastal sage scrub community in northern San Diego County (Figure 2) and 66 species of concern associated with the habitats in that community (see 3. Resource Inventory and Habitat Evaluation). Final 6-95 m Oceansicie 0t> San Diego County I' LEGEND Encinitas PLAN AREA EXISTING ROADWAYS PROPOSED ROADWAYS Ml Prepared By: Hofman Planning Associates NTS Figure 1. HCP/OMSP Plan Aile ii m Carlsbad-FLCA HCP/OMSP Summary C. Plan Area Profile m m 'm m mm m The plan area for the HCP/OMSP consists of two sets of lands (see Figure S-1): • 1,278.2 acres identified as "Rancheros-Southeast 11," which includes 846.2 acres that are the project area for the Rancho Santa Fe Road realignment, * 347 acres that are the Rancheros component of FLCA's La Costa Master Plan, and 85 acres in San Marcos Creek; and m M • 662.0 acres identified as "Northwest," another component of the La Costa Master Plan. m ^ Combined, the lands account for 13 percent of all undeveloped land remaining in the City. All of the land is private property, and 95 percent (1,844.4 acres) is ^ owned by FLCA. The other five percent includes 81 acres owned by MAG Properties and 14.8 acres of miscellaneous private ownerships within proposed right-of-way easements for the realigned Rancho Santa Fe Road. Except for 242.6 acres, all of the lands are currently designated in the General Plan for ^ residential or commercial development m The biological significance of the lands stems from their location in relation to m other resources and their inherent values. Rancheros-Southeast II forms the ^ western tip of the largest, contiguous stretch of coastal sage scrub and natural open space in northem San Diego County and, by virtue of that connection, is ^ the primary link between the City's natural communities and the larger regional ecosystem. Northwest is less directly attached to the regional ecosystem but * supports a mix of habitats and species representative of the City's and region's biodiversity. Ml m Six habitat types occur within the plan area: Diegan coastal sage scrub, southern mixed and southern maritime chaparral, non-native and native grassland, «" riparian scrub and oak woodland, disturbed habitat, and eucalyptus woodland ^ (Table S-1). Approximately two-thirds of Rancheros-Southeast II is coastal sage scrub, with the remainder primarily southern mixed chaparral and disturbed ^ habitat; all six habitat types occur in Northwest but no one type covers more than 38 percent of the area. Ml The habitats support hundreds of different plant and wildlife species, including the 66 that have been selected as "species of concern" for conservation planning •i purposes. The 66 include species that are: 1. Already protected by the federal or state ESAs; 2. Candidates for federal or state listing; 3. "Species of special concern" in California as identified by CDFG; 4. Sensitive bird species protected by the Migratory Bird Treaty Act; 5. On the list of sensitive species for the NCCP program; 6. On the list of sensitive plant species in California; 7. On the list of target species for the HMP and North County MHCP; or 8. On the list of "other sensitive species" for the HMP. Final 6-95 S_5 Summary Carlsbad-FLCA HCP/OMSP Table S-1 Habitat Types in the Plan Area (acres) Habitat Type Rancheros- Soutiwast tl Northwest Plan Area Dleg^ coastal sage scrub 832.2 123.0 955.2 Chaparral Southem mixed 189.2 6.0 195.2 Southem maritime 0.0 120.0 120.0 Subtotal 189.2 726.0 315.2 Grassland Non-native 35.0 251.6 286.6 Native 41.6 3.4 21.0 Subtotal 76.6 255.0 306.6 Riparian scrub and woodland 16.6 97.0 113.6 Disturbed habitat 157.4 55.5 191.9 Eucalyptus woodland 1.0 5.5 6.5 TOTAL 1,278.2 662.0 1,940.2 Based on extensive surveys conducted over a two-year period, 36 of the 66 species of concern are known to occur in one or both plan area components; the other 30 species are closely associated with habitats in the plan area and, for purposes of this plan, have been treated as potentially occurring. Table S-2 lists the species of concern under the headings of "observed" and "potentially occurring"; it also indicates their primary habitat association and rangewide distribution. D. Habitat Conservation Strategy and Impact Analysis Based on an understanding of both the biological and land use issues to be reconciled, the City and FLCA developed a onsite habitat conservation strategy that is the foundation of this HCP/OMSP. Further, in accordance with the ESAs and NCCP Guidelines, the City and FLCA considered the potential effects of the strategy on the species of concern before proceeding with final planning. For purposes of the impact analysis, all species of concern were treated as listed species. "Take" as defined in the ESAs was calculated primarily based on the occurrence of habitat for each species in areas designated for development. All habitat suitable for a species of concern was assumed to be occupied by that species, and all habitat not designated as being conserved was treated as "taken." Also in accordance with ESA and NCCP requirements, alternatives to the taking were considered. S-6 Final 6-95 Car/sbad^fiCA HCP/OMSP Summary Table S-2 HCP/OMSP Species of Concern M w M m m m wm m m M m ID# Species Name and Listing Status Habitat Association and Rangewide Distribution Observed Species of Concem (N-36) A-1 Ashy spike-moss Selaginella cinerascens CNPS4 Occurs on flat mesas in open CSS and CHP. Range includes Orange County to northem Baja Califomia. A-2 Califomia adder's-tongue Ophioglossum californicum C3c, CNPS4 Occurs in grassy areas and vemal pools. Range extends from northem Califomia counties into northwestem Baja California. A-3 Califomia adophia Adolphia califomica CNPS2, NCCP, OSS Occurs in CSS and CHP in clay soils on dry coastal and foothill slopes below 1000 feet. Range includes San Diego County to Baja Califomia. A-4 Del Mar manzanita Arctostaphylos glandulosa ssp. crassifolia FPE*, CNPSIB, T Occurs in SMaC in areas with marine sandstone. Range includes coastal San Diego County to Cabo Colonet. A-5 Engelmann oak Quercus engelmannii CNPS4, OSS Occurs in OW, EW, and SMaC. Range extends from Los Angeles County foothills to Sierra Juarez in Baja Califomia. A-6 Nuttall's scrub oak Quercus dumosa CNPSIB, OSS Occurs in CHP and CSS in sandy soils and sandstone. Range extends from coastal Santa Barbara County to northwestem Baja Califomia. A-7 Orcutt's brodiaea Brodiaea orcuttii C2*, CNPSIB, T Occurs along ephemeral streams and vernal pools. Range extends from Riverside and San Bemardino Counties through San Diego County into Baja Calif. A-8 Palmer's grapplinghook Harpagonella palmeri CNPS2, OSS Occurs in CHP, CSS, and C. Range includes southem Califomia from Los Angeles County southward, Arizona, and northem Baja Calif. A-9 San Diego County viguiera Viguiera laciniata CNPS4, NCCP Occurs in CSS. Range includes coastal San Diego County to central Baja Califomia. A-10 San Diego golden star Mu///a clevelandii C2*, CNPSIB, T Occurs in G and CSS with day soils. Range includes coastal San Diego County to extreme northwest of Baja Califomia. A-11 San Diego marsh elder Iva hayesiana C2, CNPS2, NCCP, OSS Occurs in RS and SM. Range includes coastal San Diego County to central Baja Califomia. A-12 Southwestem spiny rush Junctus actus var. leopoldii CNPS4, OSS Occurs in FWM, SM, and RW. Range extends from San Luis Obispo and San Bemardino Counties to central Baja Califomia. A-13 Sticky-leaved liveforever Dudleya viscida CI*, CNPSIB, NCCP, OSS Occurs in CSS and CHP of bluffs and rocky cliffs. Range includes southem Orange County to central San Diego County. A-14 Summer holly Comaro5taphy/)5 diversifolia ssp. diversifolia CI, CNPSIB, T Occurs in CHP and SMaC. Range includes coastal Orange and San Diego Counties into northwest Baja Califomia.. A-15 Thread-leaved brodiaea Brodiaea filifolia CT, SE, CNPSIB, T Occurs in G and vemal pools with clay soils. Range includes coastal San Diego County to central Baja Califomia. Final 6-95 S-7 Summary Car/sbad-FiCA HCP/OMSP Table S-2 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution A-16 Wart-stemmed ceanothus Ceanothus verrucosus C2, CNPS2, T Occurs in SMaC and CHP. Range includes coastal San Diego County to central Baja Califomia. A-17 Westem dichondra Dichondra occidentalis C3c, CNPS4, NCCP, OSS Occurs in understory of CHP and CSS. Range extends from Marin and Sonoma Counties to San Miguel Island and Baja Califomia. A-18 Westem spadefoot toad 5pea hammondii CSC. NCCP, T Occurs in CSS, CHP, and G. Range extends from north central Califomia to northwestem Baja Califomia. A-19 Coastal rosy boa Lichanura tr/v/rgata rosafusca C2, CSC, NCCP, OSS Occurs in CSS and CHP with rocky substrates. Range extends from Los Angeles County to northwest Baja Califomia. A-20 Coastal westem whiptail Cnemidophorus tigris multiscutatus C2, CSC, NCCP, OSS Occurs in open CSS, CHP, and woodlands. Range extends from Ventura County to south central Baja Califomia. A-21 Northem red diamond rattlesnake Crotalus ruber ruber C2, CSC, NCCP, OSS Occurs in rocky CSS, CHP, other scrub, and cactus. Range includes southem Califomia to northem Baja Calfiomia. A-22 Orange-throated whiptail Cnemidophorus hyperythrus beldingi C2, CSC, NCCP, T Occurs in CSS, CHP, RW, weedy areas, and washes. Range includes southem Orange and San Bemardino Counties to south central Baja Califomia. A-23 San Diego homed lizard Phrynosoma coronatum blainvillei C2, CSC, NCCP, T Occurs in CSS, CHP, and OW. Range includes Santa Barbara County to northwest Baja Califomia. A-24 Beit's sage sparrow Amphispiza belli belli C2, CSC, MBTA, NCCP, OSS Occurs in CSS, CHP, juniper woodland, and alluvial fan scub. Range includes California and northem Baja Calif. A-25 Burrowing owl Speotyto cunicularia CSC, MBTA, T Occurs in G. Range includes westem United States, Canada, and Mexico. A-26 Coastal California gnatcatcher Polioptila califomica califomica FT, CSC, MBTA, NCCP, T Occurs in CSS. Range includes Los Angeles, Orange, westem Riverside, and San Diego Counties into Baja Calif. A-2 7 Cooper's hawk Accipiter cooperi CSC, MBTA, T Occurs in RS, RW, and OW near foraging areas. Range includes continental U.S., excluding Alaska and parts of Montana and the Dakotas. A-28 Loggerhead shrike Lanius ludovicianus C2, CSC, MBTA, NCCP, OSS Occurs in G, CSS, and disturbed habitat. Range includes much of North America; winters south to Central America. A-29 Northem harrier Circus cyaneus CSC, MBTA, T Occurs in FWM, SM, C, CSS, and agricultural fields. Winters and migrates throughout Califomia. A-30 Southem Califomia rufous-crowned sparrow Aimophila ruficeps canescens C2, CSC, MBTA, NCCP, T Occurs in CSS and mixed CSS and G. Range Includes Santa Barbara County to northwestem Baja Califomia. S-8 Final 6-95 Car/sbad-FLCA HCP/OMSP Summary Table S-2 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and R»igewide Distribution A-31 Tricolored blackbird Agelaius tricolor C2, CSC, MBTA, NCCP, T Breeds in FWM, forages in G and agricultural lands. Range extends from southem Oregon to northem Baja Califomia. A-32 Yellow-breasted chat Icteria virens CSC, MBTA, OSS Occurs in RW and RS. Range includes most of North America; breeds in southem Califomia in spring and summer. A-33 Yellow warbler Dendroica petechia brewsteri CSC, MBTA, OSS Occurs in RW and RS. Range includes most of North America; breeds in southem Califomia in spring and summer. A-34 Northwestem San Diego pocket mouse Chaetodipus fallax fallax C2, CSC, NCCP, T Occurs in CSS, CHP, and open weedy areas. Range includes parts of Los Angeles, Orange, Riverside, San Bemardino, and San Diego Counties. A-35 San Diego black-tailed jackrabbit Lepus californicus bennettii C2, CSC, NCCP, OSS Occurs in CSS, G, and disturbed habitat Range includes coastal slope of southem Califomia from Santa Barbara County into northwest Baja Calif. A-36 San Diego desert woodrat Neotoma lepida intermedia C2, CSC, OSS Occurs in rocky areas and CHP and CSS with cactus. Range includes coastal slope of southem Califomia from San Luis Obispo County to northwest Baja Calif. Potentially Occurring Species of Concem (N > 30) B-1 Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae CNPSIB, NCCP, OSS Occurs atop coastal bluifs in CSS. Range includes coastal slope of southem Califomia from San Luis Obispo County to northwest Baja Calif. B-2 Cliff spurge Euphorbia misera CNPS2, NCCP, OSS . Occurs on coastal bluffs in CSS. Range includes Orange, Riverside, and San Diego Counties to central Baja Califomia. B-3 Coast barrel cactus * ferocactus viridescens C2'. CNPS2, NCCP, OSS Occurs on dry slopes with CSS and CHP. Range includes coastal San Diego County, northwest Baja Califomia, and foothills of Sierra Juarez. B-4 Del Mar sand aster Coret/jfogyne filaglnifolia var. linfolia FPT, CNPSIB, NCCP, T Occurs in sandy, disturtwd coastal areas, usually in SMaC. Endemic to central, coastal San Diego County. B-5 Encinitas baccharis Baccharis vanessae FPE, SE, CNPSIB, T Occurs in SMaC and CHP. Endemic to northwest and north-central San Diego County. B-6 Orcutt's hazardia Hazardia orcuttii C2, CNPSIB Occurs on coastal slopes in CHP. Endemic to northwest Baja California, with a disjunct population in Encinitas, Califomia. B-7 Orcutt's spineflower Chorizanthe orcuttiana FPE*, SE, CNPSIB, NCCP Occurs in SMaC. Endemic to San Diego County. 8-8 San Diego ambrosia Ambrosia pumila C2-, CNPSIB, NCCP Occurs in coastal G and disturbed habitat. Range includes coastal San Diego County to northwest Baja Califomia. B-9 San Diego sagewort Artemisia palmeri CNPS2, NCCP, OSS Occurs in drainages with RS, CSS, and CHP. Range includes coastal San Diego County to northwest Baja Califomia. Final 6-95 S-9 Summary Carlsbad-FLCA HCP/OMSP Table S-2 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution JWE B-10 San Diego thommint Acanthomintha ilicifolia CI*, SE, CNPSIB, NCCP,T Occurs in C and vemal pools on clay soils. Range includes coastal San Diego County to coastal area above Ensenada and Sierra Juarez mountains. B-n Harbison's dun skipper Euphyes vestris harbinsoni C2,T Occurs in RW, RS, and OW with perennial water source. Range includes Orange and San Diego Counties. wm B-12 Hermes copper Lycaena hermes C2*, OSS Occurs in CSS and CHP; larval foodplant is buckthorn. Range includes San Diego Co. to northem Baja Calif. m B-13 Quino checkerspot Euphydryas editha quino Cl OSS Occurs in CSS, G, and VP; larval foodplant is plantain. Range includes Orange, Riverside, and San Diego Counties to coastal central Baja Calif. m B-14 Califomia red-legged frog Rana aurora draytonii FPE, CSC, OSS Occurs in ponds, marshes, and pools. Range includes northem Califomia to northwestem Baja Califomia. mt B-15 Coast patch-nosed snake Salvadora hexalepis virgultea C2, CSC, NCCP, OSS Occurs mainly in CHP but also in mixed CSS and G. Range includes Santa Barbara County into northwest Baja Califomia. B-16 Coronado skink Eumeces skiltonianus interparietalis C2, CSC, NCCP, OSS Occurs in C, CSS, open CHP, OW, and pine forests. Range includes Los Angeles County into northwest Baja Califomia plus several islands. B-17 San Diego banded gecko Coleonyx variegatus abbotti C2, CSC, NCCP, OSS Occurs in CHP and CSS with rocky outcrops. Range extends from San Gabriel Mountains to northwest Baja California and Cedros Island. B-18 San Diego ringneck snake Diadophis punctatus similis C2, CSC, OSS Occurs in OW, C, CHP, and CSS. Range includes ' southwest San Bemardino County to northwest Baja Califomia. m B-19 Silvery legless lizard Anniella nigra argentea CSC, OSS Occurs along washes, beaches, alluvial fans and in CSS and CHP. Range includes San Francisco to northwest Baja Califomia. m mk B-20 Southwestem pond turtle Clemmys marmorata pallida CT, CSC, NCCP, OSS Occurs in FWM, creeks, and ponds. Range extends from Monterey County to northwest Baja Califomia. m 8-21 Two-striped garter snake Tbamnophis hammondii C2, CSC, OSS Occurs primary along permanent creeks and streams, also in VP and CHP. Range includes Monterey County to northwest Baja Califomia. m B-22 Califomia homed lark Eremophila alpestris actia C2, CSC, MBTA, NCCP, OSS Occurs in sandy beaches, G, and agricultural lands. Range includes coastal slopes and lowlands from Sonoma County to northem Baja Califomia. - B-23 Least Bell's vireo Vireo bellii pusillus FE, SE, MBTA, T Occurs in lowland RW. Range includes southem Califomia to northwest Baja California. m B-24 San Diego cactus wren Campylorhynchus brunneicapillus couesi C2, CSC, NCCP, T Occurs in CSS, cactus patches, and thomy thickets. Range includes southem Orange and San Diego Counties into northwest Baja Califomia. m m S-10 Final 6-95 m Car/sbad^FiCA HCP/OMSP Summary Table S-2 (continued) HCP/OMSP Species of Concern m m iD# Species Name and Listing Status Habitat Association and Rangewide Distribution B-25 Southwestem willow flycatcher Empidonax traillii extimus FPE, SE, FSS, MBTA, T Occurs in RW and RS. Range includes southwestem U.S. into northwest Mexico. B-26 Califomia mastiff bat Eumops perotis californicus C2, CSC, T Roosts in rock crevices, outcrops, buildings; forages in CHP and OW. Range includes Central California, westem Texas, and northem Mexico. B-27 Dulzura Califomia pocket mouse Chaetodipus californicus femoralis C2, CSC, T Occurs in CHP, mutefat scrub, and disturbed areas. Range extends from Santa Mai^rita River to northem Baja Califomia. B-28 Pacific pocket mouse Perognathus longimembris pacificus FEE, CSC, NCCP, OSS Occurs in CHP, CSS, and C with sandy substrate. Range limited to coast of southem Califomia; only eight localities known. B-29 Southem grasshopper mouse Onychomys torridus ramona C2, CSC, NCCP, OSS Occurs in C and CSS. Range extends from northem Los Angeles County to northwestem Baja Califomia. B-30 Townsend's westem big-eared bat Plecotus townsendii townsendii C2, CSC, T Roosts in tunnels, caves, and buildings; forages in OW, G, and other habitats. Range includes most of westem U.S. Final 6-95 S-11 Summary Carlsbad-FLCA HCP/OMSP Table S-2 (continued) HCP/OMSP Species of Concern ID Codes A- Species observed or assumed to occur in one or both plan area components. 8- Species potentially occurring in habitats in one or both plan area components. Status Codes C1 Category 1 candidate for federal listing C2 Category 2 candidate for federal listing C3c Category 3c candidate for federal listing CNPS Listed by the Califomia Native Plant Society as: (1B) rare or endangered in California and elsewhere (2) rare or endangered in California and more common elsewhere (4) plants of limited distribution CSC Identified by CDFG as a species of special concem in Califomia FE Listed as endangered under the federal ESA FEE Emergency listed as endangered under the federal ESA FPE " Proposed for federal listing as endangered FPT Proposed for federal listing as threatened FSS Identified by federal agencies as a sensitive species ' FT Listed as threatened under the federal ESA MBTA Protected by the Migratory Bird Treaty Act NCCP On the list of sensitive species for the NCCP program OSS "Other Sensitive Species" identified in draft Carlsbad HMP ST Listed as threatened under the Califomia ESA T Target species for Carlsbad HMP and North County MHCP * On the list of species covered by a settlement agreement between USFWS and environmental groups who filed suit regarding the timely listing of Cl and C2 species. Habitat Codes AFS Alluvial Fan Scrub CHP Chaparral types, excluding Southem Maritime Chaparral CSS Coastal Sage Scrub FWM Freshwater Marsh G Grassland, native and non-native JW Juniper Woodland MF5 Mulefat Scrub OW Oak Woodland RS Riparian Scrub RW Riparian Woodland SMaC Southem Maritime Chaparral VP Vemal Pools m m w m S-12 Final 6-95 Carlsbad-FLCA HCP/OMSP Summary 1. Configuration of Conserved Habitat The configuration of conserved habitat within the plan area achieves SIX goals: 1. Linkages to other significant habitat areas are maintained; 2. Conserved habitat is buffered from existing and anticipated development; 3. The conserved habitat values are representative of the regional and local ecosystem; 4. The exclusion of areas from conserved habitat will not pose jeopardy to listed and other species of concern; 5. Preservation of key species in each plan area component is maximized; and 6. The City, FLCA, and others are provided with certainty regarding which areas will be permanently conserved and which will not A total of 645.1 acres has been designated conserved habitat Jn the plan area: 521.41 acres within Rancheros-Southeast II and 123.69 acres in Northwest (Table S-3). The specific configurations of onsite conserved habitat were developed in coordination with the USFWS, CDFG, local conservation groups, and City staff. Onsite conservation also was weighted based on existing habitat values, with priority given to the gnatcatcher and other sage scrub vertebrates on Rancheros-Southeast II and to sensitive plants on Northwest. Key considerations in the planning process are summarized below. Table S-3 Conserved Habitat in the Plan Area Components (acres) tm Habitat Rancheros-Southeast 11 Northwest Plan Area Type Rancheros San Marcos Creek Southeast II Total Total Coastal sage scrub 144.81 79.40 202.46 426.67 21.36 448.03 Southem mixed chaparral 15.73 0.00 20.04 35.77 1.06 36.83 Southern maritime chaparral 0.00 0.00 0.00 0.00 28.90 28.90 Grassland 0.00 0.00 19.20 19.20 33.30 52.50 Riparian scrub/woodland 0.98 5.60 3.07 9.65 34.91 44.56 nm Disturbed habitat 0.00 0.00 30.12 30.12 4.16 34.28 wm TOTAL 161.52 85.00 274.89 521.41 123.69 645.10 a. Rancheros-Southeast // Conserved habitat in Rancheros-Southeast II includes 521.41 acres that will function as a local multiple species reserve and regional habitat linkage. The proposed configuration: Final 6-95 S-13 Summary Carisbad-FICA HCP/OMSP • Preserves 426.67 acres of coastal sage scrub (51 percent of the 832.2 acres in the plan area component) and 18 gnatcatcher use areas; • Maintains two primary habitat linkages with the larger regional ecosystem, one across Southeast II and one along San Marcos Creek; and • Concentrates future land uses adjai:ent to existing development and in relation to the ultimate alignment of Rancho Santa Fe Road. **• As shown on Figure S-2, the proposed configuration within Southeast II preserves a corridor that is ^,0Q0 feet wide at its narrowest point and widens to » approximately 1,800 feet in width at the eastern end where it crosses Rancho Santa Fe Road. The corridor retains linkages with designated conserved habitat in San Marcos Creek and Rancheros and linkages with natural open space outside the plan area. w Conserved habitat along San Marcos Creek preserves a second linkage with the regional ecosystem, ensures connectivity between conserved habitat in Southeast II and Rancheros, and includes non-sage scrub habitats and species in the "micro-ecosystem" captured by the configuration. In this case, the conserved area forms a corridor that is at least 1,000 feet wide until it reaches the Rancho Santa Fe Road crossing and enters the City of San Marcos. Additionally, there are at least 70 feet of vertical separation between the creek » bottom and the road crossing. This design maximizes the contiguity of the open ^ space and minimizes the overall edge effect of the proposed reserve. The primary consideration in Rancheros was the need to reconcile conservation and land use priorities for lands with high biological and development value. As *' originally proposed in the La Costa Master Plan, Rancheros was designated for large lot ranchette-style residential development. This concept was replanned in the context of the HCP/OMSP to cluster new housing near existing 9t development on the western and northern borders and on the upper terraces of the site. Priority was given to minimizing edge effects and conserving two- thirds of the gnatcatcher pairs onsite (10 of 15). The" resulting configuration preserves the highest density occupied gnatcatcher habitat in a contiguous band of primarily sage scrub habitat that adjoins San Marcos Creek and is over 0.5- ^ mile wide. IK b. Northwest ^ Conserved habitat in Northwest includes 123.69 acres selected to preserve plant ** species of concern and maintain connectivity through the site (Figure S-3). Four primary considerations affected the design of conserved habitat: ^ w 1. The presence and relative abundance of rare plants associated with native grassland (thread-leaved brodiaea, Palmer's grapplinghook) and southern IP maritime chaparral (Del Mar manzanita, summer holly, wart-stemmed ^ ceanothus, Nuttall's scrub oak); 2. The relatively fragmented nature of the sage scrub (by comparison with Rancheros-Southeast II) but high number of gnatcatchers; 3. The bifurcation of the natural habitats by the La Costa Golf Course; and ™ S-14 Final 6-95 LEGEND CONSERVED HABITAT EXISTING ROADWAY FUTURE ROADWAY Prepared By: Hofman Planning Associates Figure S-2 . Schematic of Conserved Habitat on Rancheros - Southeast II s-15 LEGEND CONSERVED HABITAT EXISTING ROADWAY FUTURE ROADWAY Prepared By: Hofman Planning Associates UK Figure S-3 . Schematic of Conserved Habi|a in North^s s-16 m Carlsbad-FLCA HCP/OMSP Summary 4. The existing albeit narrow habitat linkages with natural open space to the northeast and to Rancheros to the southeast. Following a consideration of each of these factors, two interrelated decisions were made: onsite conservation would focus on sensitive plants and would be supplemented by offsite acquisitions of coastal sage scrub. As proposed, the onsite conserved habitat preserves a majority of the sensitive plant species. It also provides connections to and through the site from south to north and to the east (see Figures S-3). In addition, onsite restoration of about m 11 acres of sage scrub has been proposed for a portion of conserved habitat that intersects a utility easement that currently serves as a narrow wildlife corridor. m The restoration will provide a "stepping stone" of habitat for dispersing and ^ breeding bird species of concern (including the gnatcatcher) as well as cover for dispersing predators such as coyotes. Offsite conservation will be used to: 1. Provide replacement habitat for the sage scrub that ultimately will be ^ removed from Northwest; and m 2. Bolster the regional linkages conserved under the plan. tOT ^ It also will incidentally benefit other species of concern. ^ Up to 240 acres of coastal sage scrub occupied by gnatcatchers or otherwise acceptable to USFWS and CDFG will be acquired by FLCA, with at least 120 acres in locations that will strengthen the habitat linkage between Southeast II and the regional coastal sage scrub community that extends into the San ^ Dieguito and San Pasqual River Valley. No specific locations have been m proposed for acquisition at this time. 2. Impact Analysis In connection with designating onsite conserved habitat, the City and FLCA considered the beneficial and adverse effects on species of concern that would likely result from conserving some areas of habitat and allowing development to proceed in others. As noted, all species of concern were treated as listed species, and all suitable habitat for each species was considered "taken" if not designated as conserved habitat. This approach was used to ensure that habitat impacts were not underestimated, to fulfill ESA requirements that "take" of species be estimated, and to identify appropriate impact minimization and mitigation measures. Also in accordance with the ESA and NCCP Guidelines, alternatives to the taking were considered. a. Impacts to Species of Concern Anticipated impacts to species of concern are summarized in Table S-4 in terms of habitat conserved and habitat assumed taken and based on the primary habitat associations of the species of concern (e.g., impacts to species found only in sage scrub, impacts to species found in more than one hat>itat type). A separate calculation of total conserved habitat that assumes acquisition of 240 acres of offsite sage scrub also is provided. F;na/ 6-95 S-17 Summary Carlsbad-FLCA HCP/OMSP Table S-4 Habitat Conserved and Assumed "Taken" by Primary Habitat Associations of the Species of Concern (acres) Primary Habitat Associations of Total in Conserved Assumed Taken Onsite Conserved Onsite and Offsite the Species of Concem Plan Area Onsite Assumed Taken Onsite Conserved Onsite and Offsite •*> Sage scrub 955.2 448.0 507.2 688.0 Chaparral 315.2 65.3 249.9 65.3 Grassland 306.6 52.5 254.1 52.5 tm Riparian scrub/woodland (and 6.5 ac. Eucalyptus) 120.1 44.6 75.5 44.6 •u. Disturbed habitat 191.9 34.3 157.6 34.3 Sage scrub and chaparral 1,270.4 513.3 757.1 753.3 Sage scrub and grassland 1,261.8 500.5 761.3 740.5 Sage scrub and riparian 1,075.3 492.6 582.7 732.6 tmi Chaparral and riparian 435.3 109.9 325.4 109.0 Grassland and disturbed 507.1 86.8 420.3 86.8 MR' Grassland and riparian 426.7 97.1 329.6 97.1 Sage scrub, grassland, and riparian 1,381.9 545.1 836.8 785.1 Sage scrub, chaparral, riparian, and disturbed 1,582.4 592.2 990.2 832.2 mm Sage Scrub, chaparral, grassland, and riparian 1,697.1 610.4 1,086.7 850.4 Sage Scrub, grassland, chaparral, and disturbed 1,768.9 600.1 1,168.8 840.1 In addition to the habitat-based impacts, the following points can be noted regarding the conservation of species given priority in the planning process: • Up to 18 pair of coastal California gnatcathers will be conserved onsite in Rancheros-Southeast II, and an undetermined number of pairs on up to 240 acres will be conserved offsite; • At least 795 Del Mar manzanita individuals and approximately 5,800 thread-leaved brodiaea individuals will be conserved on Northwest. All of the sticky-leaved liveforever wil Creek corridor; be conserved in the San Marcos A significant portion of habitat suitable for the orange-throated whiptail and San Diego horned lizard will be conserved on Rancheros-Southeast II, and the two reptiles will also likely benefit from the offsite conserved habitat; and Riparian-dependent bird species such as the yellow-breasted chat, yellow warbler, and least Bell's vireo will benefit from the preservation of well over 95 percent of the onsite riparian habitats; sensitive plant species such as southwestern spiny rush and San Diego marsh elder also will be preserved onsite. S-18 Final 6-95 Carlsbad-FLCA HCP/OMSP Summary b. Alternatives to the Taking Six alternatives to the anticipated taking were considered and ultimately m eliminated from further consideration: m H Complete avoidance of take of listed species; No take of coastal California gnatcatchers; Take only within the Rancho Santa Fe Road project area; Delay of take in the plan area pending completion of the HMP; An offsite mitigation strategy with unlimited take in the plan area; and Reconfiguration of onsite conserved habitat and development areas. E. Conservation Program tti m m m and Mitigation Measures The conservation program and mitigation measures include those actions necessary to: • Conserve 645.1 acres of habitat in the plan area and up to an additional 240 acres in offsite locations; • Provide for ongoing management of the conserved habitat; • Minimize and mitigate the impacts expected in the plan area; and • Ensure implementation of the plan and secure long-term (30-year) authorizations and assurances for projects and activities in the plan area. 1 - Habitat Conservation Implementation of the HCP/OMSP will conserve up to 885.1 acres of habitat for the species of concern: 645.1 acres within Rancheros-Southeast II and Northwest and up to 240 acres in offsite locations to be selected in consultation with USFWS and CDFG. All of the onsite conserved habitat is in FLCA's ownership. • Onsite conservation will occur in the areas shown on Figures S-2 and S-3 and as HfF described in the legal agreements that will accompany this plan. Offsite conservation will occur in conjunction with development within Northwest and m will consist of acquisition by FLCA of up to 240 acres of coastal sage scrub in locations acceptable to USFWS and CDFG, with at least 120 acres in locations that will strengthen the habitat linkage with the regional coastal sage community that extends into the San Dieguito and San Pasqual River Valley. In accordance with state guidelines for 2081 agreements (see Appendices), FLCA will provide an irrevocable offer to convey fee interest or a conservation easement for the conserved habitat to a conservancy established or designated for purposes of the Carlsbad HMP, to CDFG, or to another entity approved by USFWS and CDFG. Conservation easements or fee interest also will be conveyed for the offsite mitigation lands. ^ F/na/6-95 S-19 IP Summary Car/sfaad-fiCA HCP/OMSP 2. Habitat Management Two types of habitat management will be provided under the plan: • Interim management of conserved habitat by FLCA; and • Long-term, ongoing management of conserved habitat by an entity designated for that purpose under the terms of this HCP/OMSP, the HMP, or North County MHCP. It is anticipated that the entity responsible for long-term management of conserved habitat and the entity to which the conservation easements or fee interest is conveyed will be a conservancy established for purposes of implementing the HMP. However, alternative arrangements also have been identified in the event that the HMP is substantially delayed or not completed. Such alternatives include delegation of management responsibilities to CDFG, The Nature Conservancy, or (as a last resort) a homeowners association. The *^ arrangement actually made will be subject to USFWS and CDFG concurrence. m a. Interim Habitat Management Mi FLCA will be responsible for management of conserved habitat until fee interest p is conveyed or FLCA delegates its management responsibilities to the HMP ^ conservancy or an entity approved by the City, USFWS, and CDFG. Interim management'activities will consist of: ^ • Maintaining existing access controls; • Clean-up of conserved habitat areas where unauthorized trash dumping has occurred; and M • Implementation of project-specific impaa minimization and mitigation m measures (see below). 'Ml FLCA will prepare an interim management plan that describes the activities to ^ be performed and, until fee interest is conveyed or the management responsibilities have been delegated, will provide annual updates to the plan as necessary. FLCA also will provide information on the implementation of interim management measures in the annual reports on overall plan implementation that will be prepared by FLCA and the City for USFWS and m CDFG review. m b. Ongoing Habitat Management H, Ongoing management of conserved habitat will be guided by annual plans m prepared by the HMP conservancy or other designated entity in consultation ^ with a management advisory committee. The committee will be composed of representatives of USFWS, CDFG, the City, FLCA, and the management entity or ^ entities. S-20 Final 6-95 m Carlsbad-FLCA HCP/OMSP Summary c. Funding of Habitat Management Funding of interim management activities will be FLCA's responsibility. Funding of long-term management will be provided through the HMP by use of any funds available to the City for wildlife, acquisition, conservation, and management purposes, including but not limited to assessments, levies, and grants or other types of funding from public or private sources. As a last resort, a "conserved habitat maintenance charge" of $50.00 per residential unit per year would be assessed on each development unit within the plan area. * 3. Impact Minimization «< and Mitigation Measures m In addition to the impact minimization acheived through preserve design, the m HCP/OMPS provides for individual projects and activities in the plan area to be planned and implemented in a way that further avoids, minimizes, and ^ mitigates impacts to species of concern and conserved habitat. Such measures ^ will include but not be limited to project-specific impact avoidance and minimization, impact phasing and project design, and supplemental mitigation measures. ^ a. Project-Specific Impact Avoidance and Minimization In configuring conserved habitat within the plan area, priority was given to minimizing direct impacts through preserve design. Ten additional impact M avoidance and minimization measures will pertain to individual projects and activities that would affect conserved habitat. 1. Nest site protection. No clearing or grading operations will be allowed in habitat occupied by the gnatcatcher during its breeding season (February 15 to july 31). This measure also will protect other nesting species of concern. Prior to July 31, clearing may occur if It is determined that the birds have «c already successfully fledged young, are no longer actively nesting, and the young have dispersed from the area. In addition, although no direct * impacts to trees currently used for nesting by raptors are anticipated, if it is determined that raptors are nesting in any trees scheduled for removal, the trees will be avoided until after the nesting season. Additionally, where m feasible, clearing activities within 200 feet of raptor nest sites will be avoided during the nesting season. m 2. Access control. Prior to commencement of clearing or grading activities, access barriers to conserved habitat will be established at key entry points. tt> The boundaries of conserved habitat immediately adjacent to a grading area will be flagged by a biologist, and a fence will be installed to prevent •* disturbance by construction vehicles. This fencing may be removed upon completion of all construction activities and/or replacement with permanent fencing to protect conserved habitat. Reasonable, appropriate measures also will be taken to ensure that the construction crew is informed of the sensitivity of conserved habitat. Final 6-95 S-21 Summary Carlsbad-FLCA HCP/OMSP 3. Noise Control. Grading, construction, and other activities that create noise in excess of 61 d.b.a. Leq level in conserved habitat occupied by gnatcatchers will be limited to the non-breeding season (August 1 through February 15) unless six foot temporary noise berms are used to reduce noise levels. IB* 4. Storage and staging areas. No temporary storage or stockpiling of construction materials will be allowed within conserved habitat, and all staging areas for equipment and materials (especially rock crushing equipment) will be located as far from conserved habitat as possible. * Staging areas and construction sites will be kept as free as possible of trash, refuse, discarded food wrappers, and other waste that might attract small scavengers that prey on gnatcatchers and other sensitive small passerines. Trash containers with animal-resistant lids will be provided on the site during construction. 5. Monitoring. During grading and construction adjacent to conserved habitat, a biologist vyill monitor the adjacent habitat for excessive *• accumulations of dust or other disturbance. Erosion control devices also will be monitored during the rainy season to ensure that dirt, topsoil, and ^ other materials are not washing into the conserved habitat area. If at any m time significant amounts of dust or material are determined to be impacting conserved habitat, then corrective measures will be taken immediately. m 6. Unavoidable disturbances of conserved habitat. Disturbance of conserved habitat will be avoided to the maximum extent possible. However, where ,^ disturbance is unavoidable and has been authorized, it will be mitigated by restoration of the affected sites. Revegetation plans will be prepared for the approval of the City prior to such disturbances occurring. In addition, the location and installation of utilities will be planned cooperatively with the ^ City, USFWS, and CDFG to minimize and mitigate the impacts of such mm projects on species of concern and conserved habitat. Examples or disturbances that may be unavoidable include: (a) temporary noise buffers and fencing adjacent to conserved habitat; (b) fuel modification zones at the edge of conserved habitat; (c) temporary and permanent public facilities for water, electricity, sewer, gas, and other utilities; and (d) remedial ^ grading for struaural purposes, such as easements, buttresses, and crib walls. 7. Fuel management zones. Fuel management zones separating conserved * habitat from adjacent development will be designed to minimize impacts to •» native vegetation. The final location of the zones in relation to the interface of development of conserved habitat will be defined at the tentative map i" stage of planning. Measures to minimize or further reduce impacts to ^ vegetation include: (a) removal of high fuel species, irrigation, and seleaive pruning (as specified in the City of Carlsbad's Landscape Manual) to mm suppress the potential for slope fires; (b) planting of native, low-fuel plant species within fuel management zones; and (c) use of alternative fuel breaks such as coastal prickly pear caaus, that reduce water use, have additional wildlife value, and minimize access to conserved habitat. " m S-22 Final 6-95 Carlsbad-FLCA HCP/OMSP Summary m 8. Lighting. Lighting within new development projects adjacent to conserved habitat will be seleaively placed, shielded, and direaed away from in ' conserved habitat. In addition, lighting from homes abutting conserved habitat will be screened by planting vegetation, and.large spotlight-type backyard lighting direaed into conserved habitat will be prohibited. m 9. Landscaping. Invasive species such as giant reed and pampas grass will not be used in landscaped area direaly adjacent to conserved habitat. A list of species that should not be used in landscaping will be provided to home * buyers. Additionally, these species will be identified In the CC&Rs of the Il homeowners association as plants to be avoided in landscaping. 41* 10. Public information program. Homeowners, homeowner associations, and gl the interested public will be informed of ways to avoid impacts to the conserved resources through a public information program developed in cooperation with the City. The program will include: (a) a public information brochure that describes the natural resources and prohibited IP aaivities within conserved habitat; and (b) a landscaping and fuel break planning brochure for homeowners and homeowner associations adjacent * to conserved habitat. b. Impact Phasing and Project Design Measures m ft Impaa phasing and projea design measures pertain to projects and artivities within Rancheros-Southeast II. They are as follows. m m m 1. Realignment of Rancho Santa Fe Road will proceed in two-phases tied to the City's level of service and financing requirements and subjea to final environmental review. 2. Grading and construaion within Southeast II will occur in the areas Identified in the plan as "phases." 3. Realignment of Rancho Santa Fe Road and the configuration of conserved habitat in Southeast II assumes redesign of Melrose Avenue to avoid two gnatcatcher use areas and reclassification of the road from a prime to major arterial. c. Supplemental Mitigation Measures In addition to the measures already described, FLCA will work cooperatively with the City, USFWS, and CDFG to implement the following supplemental mitigation measures. 1. Research. To provide additional data that can be used to guide habitat • management, FLCA will provide $50,000 for research on the coastal H California grvatcatcher. The focus and design of the research program will be determined prior to the conveyance of conserved habitat to the HI designated management entity. Final 6-95 S-23 Summary Carlsbad-FLCA HCP/OMSP 2. Coordination. To ensure that the needs of multiple species are addressed and to avoid duplication of effort, the City will coordinate the implementation of this plan with other conservation programs in and adjacent to Carlsbad. In addition, FLCA will provide the City with $150,000 for the completion of the HMP. 3. Cooperation. Working with USFWS and CDFG, the City and FLCA will seek the cooperation of Vallecitos Water Distria in maintaining the existing biological value of the Distria's lands near Stanley Mahr Reservoir; SDG&E's cooperation in the consolidation and relocation of powerline easements in conserved habitat; and the City of San Marcos' cooperation in the preservation of a wildlife corridor in that portion of San Marcos Creek outside of the City. 4. Plan Implementation Implementation of the HCP/OMSP will be governed by an agreement among the City, FLCA, USFWS, and CDFG. In addition to reiterating the roles and responsibilities cited above, the agreement will specify reporting requirements and procedures to address unforeseen circumstances. It also will provide long- term (30-year) authorizations and assurances allowing projects and aaivities planned and conduaed in accordance with the HCP/OMSP to proceed without further wildlife mitigation. Such projects and aaivities will include but are not limited to: 1. Realignment of Rancho Santa Fe Road and related transportation improvements in Rancheros-Southeast II; 2. Development of FLCA master planned residential communities, together with the requisite infrastruaure and public facilities, in both plan area ^ components; 3. Commercial development by MAG properties on 81 acres in Rancheros- Southeast II; 4. Fire management and roadway maintenance in both plan area components; m and m 5. Management of conserved habitat in both plan area components. m S-24 Final 6-95 CTQ G o o 3 5« o c o C/5 Q •D CD -T CD Q. CT C/) CD CD CD —^ m < O 3 CD o o (Q C/)' .—^ (/) 5" o > Carlsbad-FLCA HCP/OMSP 1. Purpose, Scope, and Planning Context « • Planning considerations and principles. The planning considerations and principles that guided development of the plan reflea its relationship to other plans and programs and its regulatory framework (see "B. Planning Context" below). Key considerations and principles include the following: 1. The conservation of wildlife habitat for the 66 species of concern, with the objeaive of conserving adequate habitat, habitat linkages, corridors, and buffers necessary for the long-term survival and recovery of all wildlife in the plan area and surrounding region and in a manner that acheives citywide, regional, ESA, and NCCP conservation objeaives; 2. The need of the City, FLCA, and other for "certainty"; that is, the identification of development areas (together wtih provisions for infrstruaure and facilities) that may be planned and developed without further mitigation for wildlife purposes; 3. The utilization of the "best scientific information"; 4. Addressing and providing for the species of concern as if they listed as endangered under the ESAs; 5. Any take (disturbance in the case of plants) of the species of concern will be incidental to an otherwise lawful aaivity and to the maximum extent praaicable any impacts on the species of concern will be minimized and mitigated; 6. Adequate funding for the HCP/OMSP will be assured; 7. The anticipated taking of the species of concern will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; 8. The provision for procedures for addressing unforeseen circumstances; and 9. The utilization of a collaborative planning process that encourages the entire constituency of agencies and interests (landowners, City, resource agencies, conservationists) to participate from the outside in the plan. B. The Planning Context Preparation of the HCP/OMSP has occurred in the context of: 1. A public planning process initiated by agreements with USFWS and CDFG in 1991; 2. Preparation and certification of an Environmental Impaa Report (EIR) for the realignment of Rancho Santa Fe Road; 3. Carlsbad's General Plan, including the Growth Management Plan (CMP), draft Open Space and Resource Management Plan (RMP), and draft HMP; Final 6-95 1. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP 4. Regional habitat conservation programs, including but not limited to the North County MHCP; and 5. Federal and state laws and guidelines regarding wildlife and habitat conservation, including but not limited to the ESAs and NCCP Aa. 1. Planning Agreements and Process Preparation of the HCP/OMSP dates back to 1989 as part of the planning for the realignment of Rancho Santa Fe Road in Southeast II. It evolved into a unique planning process for a projea specific plan, charaaerized by a consideration of range-wide conservation issues, open public participation, and candid negotiations with conservation interests and federal, state, and local agencies. To ensure continued progress during the process, the planning participants signed a Memorandum of Agreement in 1991 regarding development of a conservation plan and an Initial Points of Consensus document in 1992 establishing the plan's fundamental tenets. A preliminary draft of the plan was completed in March 1993, circulated for public review, and subsequently revised. a. 7997 Memoranda of Agreement In July and August 1991, the City signed memoranda of agreement (MOAs) with USFWS and CDFG that expressed the City's intention to complete an HMP as part of its General Plan and, in the interim, to work cooperatively with the two wildlife agencies to prepare a conservation plan addressing the impacts of individual projects oii sensitive habitats such as coastal sage scrub, including but not limited to the realignment of Rancho Santa Fe Road (see "2. Road Projea" below). As the primary property owner involved in the road projea, FLCA signed the MOAs as a statement of its support for the HMP and its intention to prepare an HCP for the road projea area. At that time, the gnatcatcher was under consideration for both federal and state listing as an endangered species, and the City and FLCA anticipated that the road projea would require a federal incidental take permit and state endangered species management agreement to proceed. The HCP for the road projea was intended to provide the information and consen/ation program required for both the federal permit and state agreement for the gnatcatcher and other species of concern. b, HCP Facilitation Team In January 1992, an HCP Facilitation Team appointed by the City Council began meeting regularly to discuss the potential scope of the HCP for the road projea. This team included representatives of the City, FLCA, USFWS, CDFG, Batiquitos Lagoon Foundation, San Diego Zoological Society, San Dieguito River Valley Joint Powers Authority, Endangered Habitats League, and San Diego Association of Governments. Consultants to the City and FLCA participated in team meetings, together with private land owners in the plan area, community interest groups, and other interested parties. All meetings were publicly noticed and open to all who wished to participate. Team meetings were held over a five-month period, during which the scope of the HCP was expanded. Final 6-95 Car/sbad-FlCA HCP/OMSP h Purpose, Scope, and Planning Context c Initial Points of Consensus In May 1992, a preliminary consensus was reached among the City, FLCA, USFWS, and CDFG regarding the basic terms of a conservation and mitigation strategy. An Initial Points of Consensus document establishing the- plan's fundamental tenets was signed by the planning participants, and an HCP Preparation Team was formed to complete the planning process. Data colleaion and analysis took an additional six months to complete and resulted in a further expansion of the plan's scope to include multiple habitats and species. By this time, USFWS had published a draft rule to list the gnatcatcher, the NCCP Aa had been adopted by the California legislature, and draft guidelines were being prepared by CDFG for the NCCP program. d. Review and Revision of a Draft Plan In March 1993, the first draft of the plan (entitled "Habitat Conservation Plan for Plant and Wildlife Species of Concern on Properties in the Southeast Quadrant of the City of Carlsbad, California") was distributed for review and comment to the members of HCP Facilitation Team and other interested parties. This review was undertaken to provide additional opportunities for public involvement in the planning process; it occurred in addition to, not instead of, the public review of the HCP/OMSP that will take place in accordance with the federal ESA, NEPA, and CEQA. Approximately 200 copies of the March 1993 draft of the plan were distributed, and discussion sessions were held to solicit verbal as well as written comments. Public presentations on the draft were made at a combined meeting of the HCP Facilitation Team and HMP Advisory Group and at a special workshop. The HCP Preparation Team also held several meetings with staff of USFWS and CDFG to hear and discuss the agencies' preliminary responses to the plan. Key issues raised during the review process include: • The relationship of the plan to the Carlsbad HMP and North County MHCP; • The long-term viability of the wildlife corridors, habitat linkages, and conserved habitat proposed in the plan; • The potential effects of the take authorized under the plan on gnatcatcher populations in Carlsbad and North County; and • The benefits versus the costs of additional or alternative configurations of onsite conservation within the two plan area components. In addition, events that occurred after March 1993 prompted other revisions to the plan: 1. CDFG proposed and adopted NCCP Process Guidelines, including provisions for OMSPs; 2. The areas covered by the Carlsbad HMP and North County MHCP were enrolled in the NCCP program as OMSPs; Final 6-95 /. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP 3. USFWS listed the coastal California gnatcatcher as a threatened species, promulgated a special rule regarding conservation and take of gnatcatchers in areas participating the NCCP program; 4. USFWS proposed several plant and wildlife species known to occur in Carlsbad for federal listing as threatened or endangered; 5. GIS data bases of vegetation types in the areas covered by the Carlsbad HMP and North County MHCP were completed; 6. A preliminary draft of the Carlsbad HMP was completed and distributed for public comment; 7. USFWS approved mitigation measures for FLCA's Arroyo La Costa projea that build on the conservation program proposed in the March 1993 draft HCP; and 8. FLCA prepared detailed mapping and legal descriptions of the lands proposed for permanent conservation within the plan area. 2. Road Project As noted, the projea that precipitated the planning process is the realignment of Rancho Santa Fe Road in the Southeast 11 segment of the plan area. As originally proposed, the road projea entailed mass grading of 448 acres to accommodate realignment and widening of the roadway together with adjacent development. The realignment and widening was proposed in accordance with the Circulation Element of the City's General Plan, with the planning and financing of the improvements dictated by the local facility requirements of the City's GMP (see "3. Carlsbad's General Plan). By the time the conservation planning MOAs were signed in 1991, a draft EIR for the road projea had already been completed and was being circulated for public comment. The EIR subsequently was certified, with the HCP and HMP cited as part of the mitigation plan. Concurrent with preparation of the HCP/OMSP, changes in economic and market conditions made it impossible to finance the road improvements within the time-frame originally proposed and consequently delayed the proposed timing of the projea. City staff and FLCA subsequently have re-examined the grading plan and recommended that the improvements occur in two phases over a 10 to 15 year period rather than as a single mass grading. Both phases would be tied to the City's GMP performance standards, facility financing, and other requirements, with the first phase commencing when average daily trips on the roadway reach 12,500. The two-phase approach of the road projea has been approved by the City Council and will be incorporated into the final plans for the road projea, together with conservation and mitigation measures identified in this HCP/OMSP. Final 6-95 Car/sbad^fiCA HCP/OMSP 1. Purpose, Scope, and Planning Context 3. Carlsbad's General Plan Three components of the Carlsbad General Plan direaly pertain to the HCP/OMSP: the GMP, which is a component of the Land Use Element, and the draft RMP and draft HMP, which are proposed components of the Open Space and Conservation Element. a. CMP The GMP, which was adopted in July 1986, does not direaly address wildlife conservation but treats open space (including preserved natural habitats) as a public facility that must be planned and provided in advance of development. In general, the GMP divides the City into four quadrants along El Camino Real and Palomar Airport Road and restricts the number of dwelling units that can be construaed in each quadrant. This provision prohibits the approval of any General Plan amendment, zone change, tentative subdivision map, or other discretionary approval of a projea which would result in development above the limit in any quadrant. The GMP also establishes performance standards for eleven public facilities: city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer colleaion, and water distribution. The performance standards are identified in the Citywide Facilities and Improvement Plan, which also defines the boundaries of 25 local facility management zones. Each zone must have a Local Facilities Management Plan (LFMP) that has been approved by the City Council before development applications can be accepted or processed for that zone. A finance plan documenting financial guarantees for the required facility improvements also must be approved by the City Council before a final map can be recorded or a grading permit issued for individual projeas. The HCP/OMSP covers lands within Growth Management Zones 10 and 11 (see 2. Plan Area Setting and Land Use Profile). b. Draft RMP The draft RMP, which was completed in June 1992, defines priorities for open space planning on a citywide basis and for the City's 25 Growth Management Zones. Priorities were set by considering the importance of individual categories of open space and the degree of proteaion already afforded to that type by existing regulations. With respea to citywide goals, the draft RMP identifies open space for the preservation of plants, animal life, and habitat as a top priority. This designation expresses the City's general intent to optimize natural resource values throughout the open space system and to maximize the proteaion and enhancement of wildlife and habitats within various preserves. However, within the context of the RMP, natural habitats are only one of several open space types for which the City must plan. It is the HMP rather than the RMP that focuses on how and where biological resources will be preserved and managed. Final 6-95 1. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP RMP priorities for Zones 10 and 11, which encompass the HMP/OMSP plan m> area, Include greenways, trails, gateway features for Rancho Santa Fe Road, and plant/animal life/habitat preserves. c. Draft HMP Preparation of the HMP is occurring in phases. It began in 1991 with the compilation of data on habitats and species within the City and development of a habitat evaluation model by which to rank the relative biological values of the ^ City's remaining natural open space. This phase culminated in August 1992 with the issuance of a technical report that provides an inventory of the City's biological resources and identifies seven "preserve planning areas" (PPAs) as the focus for the next phase of conservation planning. • Opportunities and strategies for conserving habitat within the PPAs were then examined, together with options for maintaining habitat linkages and wildlife m corridors within and between PPAs. Forty target species were seleaed as ^ indicators of both the biodiversity and sensitivity of the resources to be conserved, and 43 additional species of concern were identified as occurring or ^ potentially occurring within the City. In addition, the HMP was formally identified as a subarea component of the North County MHCP and an OMSP •* under the NCCP program. This phase culminated in July 1993 with the completion of a preliminary draft HMP that proposes: * • Citywide conservation goals for coastal sage, chaparral, grassland, oak and sycamore woodland, and wetlands; IK • Guidelines and institutional arrangements for the ongoing management of conserved habitat; and ^ • Guidelines for projea-level planning and impaa mitigation within the City. At the time of this writing, a revised draft is being prepared in response to * comments from the HMP Advisory Group and other interested parties. The m revised draft HMP will be distributed for additional public review and presented to the City Council for discussion. The final phase of the HMP preparation •* process is expeaed to begin in mid-to-late 1994. ^ The HCP/OMSP proposes projea-level conservation and mitigation measures for lands within PPAs 5 and 7 (see 2. Plan Area Seuingand Land Use Profile). It has been prepared in accordance with the 1991 MOAs with the intent of helping to attain citywide and regional conservation goals. As also anticipated in the MOAs, the HCP/OMSP is meant to be a stand-alone plan that is ™ consistent with the stated goals of the HMP but is not contingent on completion, » approval, or implementation of a citywide plan. mm- 4. Regional Conservation Programs « Regional conservation programs that are relevant to the HCP/OMSP include the * North County MHCP, San Dieguito River Valley Open Space and Park Plan, m and City of San Diego's MSCP. 10 Final 6-95 Carlsbad-FLCA HCP/OMSP 1. Purpose, Scope, and Planning Context a. North County MHCP In addition to planning habitat conservation within its own boundaries, the City is participating in regional planning efforts as a member of the North County Wildlife Forum. Other members of the forum include the County of San Diego, cities of Del Mar, Encinitas, Escondido, Oceanslde, Poway, San Marcos, Solana Beach, and Vista, the County Water Authority, and the San Diego Association of Governments (SANDAG). The U.S. Marine Base Camp Pendleton, USFWS, CALTRANS, and CDFG also are participating in the forum to ensure coordination with federal and state concerns. The forum was formed in 1991, primarily as a mechanism for exchanging information about and coordinating the preparation of local conservation plans. As the local planning efforts progressed, the need for an interjurisdiaional approach and data base became clearer. The forum then developed a scope of work for the North County MHCP and seleaed a technical team to compile and analyze a North County biological resource inventory. Subsequently, the resource inventory and analysis have been completed, and the MHCP plan area has been enrolled in the NCCP program as an OMSP, with Carlsbad's HMP designated as a subarea component. In the current phase of the MHCP, regional-scale PPAs are being identified, together with conservation goals and implementation strategies. A preliminary draft of a conservation plan is expeaed by the end of 1994. The HCP/OMSP's primary conneaion to the MHCP is that it encompasses habitat that forms the primary link between the City's natural communities and the larger regional ecosystem. b, San Dieguito River Valley Regional Open Space and Park Plan In June. 1989, the County of San Diego and the cities of Del Mar, Escondido, Poway, San Diego, and Solana Beach formed a joint powers authority (jPA) to plan, establish, and operate an open space greenbelt and park system in the San Dieguito River Valley. The JPA's goal is to preserve open space, protea natural and cultural resources, create a scenic trail system, and establish appropriate recreation areas within the 55-mile river valley. To this end, a "Concept Plan" has been prepared to provide a framework for park planning, habitat conservation, and land acquisition within the viewshed of the river valley and its tributary canyons. Approximately 50 percent of the land in the viewshed already is in public ownership, and recent acquisitions through special partnerships with public and private entities have increased public holdings in key areas of the valley. The river valley does not include lands within Carlsbad, and consequently the City is not part of the JPA or the park planning process. However, the coastal sage scrub habitat within the City is linked to the sage scrub and natural open space in the river valley via the lands within the HCP/OMSP plan area. Final 6-95 11 1. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP c. City of San Diego's MSCP In july of 1991, the City of San Diego began a multi-phase program to provide for conservation and management of sensitive habitats and species within the service area of the City's Metropolitan Sewerage System. The program covers approximately 800 square miles in the urbanized core of San Diego County, extending north from the international border to the San Dieguito River Valley. The first phase of the program focused on mapping of vegetation types, existing and planned land uses, and ownership of over 300,000 acres of vacant land in and immediately adjacent to the service area. These maps, together with technical studies of habitat requirements for 80-t- target species, were used to develop alternative conservation strategies for the plan area. A working draft of the MSCP was completed in January 1994. Subsequently, a public policy advisory group has been convened to review the working draft and determine which alternatives should be developed into a final plan. The areas covered by the Carlsbad HMP and the HCP/OMSP are not part of the Metropolitan Sewerage System service area and consequently are not part of the MSCP. However, the habitats within Carlsbad are conneaed to those within the northern portion of the MSCP plan area and that conneaion is provided primarily through the HCP/OMSP plan area. 5. Federal and State Laws and Guidelines The federal and state laws and guidelines that most direaly pertain to the HCP/OMSP include: • The federal ESA; • The California ESA and NCCP Aa; • NCCP Process and Conservation Guidelines; and • The federal special 4(d) rule for the coastal California gnatcatcher. Table 1 summarizes the most relevant provisions of these and other applicable laws and guidelines; a more detailed discussion of the plan's regulatory context is provided as Appendix A. In addition. Table 2 identifies the information requirements and approval criteria that pertain to the HCP/OMSP as: • An HCP prepared in accordance within Seaion 10(a) of the federal ESA; • Supporting documentation for a management agreement under Seaion 2081 of the California ESA; and • An OMSP as defined in the NCCP Process Guidelines. 12 f/na/6-9S Ii Carlsbad-FLCA HCP/OMSP 1. Purpose, Scope, and Planning Context Table 1 Summary of Applicable Federal and State Laws Federal Law Key Provisions Relevance to HCP/OMSP Endangered Species Act Section 4 Covers the federal listing process, designation of critical habitat, special rules for the protection of threatened species, and preparation of federal recovery plans. Plan anticipates future listings, designation of critical habitat, special rules, and recovery plans for species in the plan area; 66 species of concem treated as listed for planning purposes. Section 6 Covers cooperative agreements with states for the management and conservation of listed fish, wildlife, and plants. Conservation measures for sensitive plants devised in accordance with existing cooperative agreements between USFWS and CDFG. Siection 7 Requires federal agencies to consult with USFWS on actions involving listed species; requires USFWS to conduct intemal consultations regarding its own actions; includes provisions for conferences with USFWS on species proposed for listing and for authorization for take of listed species. Intemal consultation/conference will be conducted as part of USFWS'S action on the plan. Section 9 Prohibits the lake of listed fish or wildlife species; prohibits take of listed plants in areas under federal jurisdiction, except as provided under Sections 6 and 10. Prohibition of take currently applies to one species observed in plan area (coastal Califomia gnatcatcher); prohibition assumed to apply to all species of concem. Section 10(a) Authorizes take of listed species for scientific purposes and in connection with otherwise lawful activities; requires preparation of an HCP for an incidental take permit and speciHes approval criteria (see Table 2). Information requirements and approval criteria for HCPs applied to plan. Special 4(d) Rule for the Coastal Califomia Gnatcatcher Allows incidental take of gnatcatchers in areas with approved NCCPs and in areas where NCCPs are being prepared. As OMSP, plan is intended to provide basis for authorization of take of gnatcatchers. Fish and Wildlife Coordination Act Authorizes the Secretary of the Interior to provide assistance to and cooperate with federal, state, and public or private agencies. Authorizes USFWS'S participation in implementation of plan and expresses federal intent to conserve habitat for non-listed species. Section 404 of the Clean Water Act Regulates the discharge of dredged and/or fill material into the waters of the United States; pertains to wetland habitats as well as water bodies. Plan provides framework for coordination of wetland conservation and impact mitigation measures within plan area. Migratory Bird Treaty Act Prohibits taking of certain birds or their nests and eggs during their breeding season. Applies to 10 observed and 3 potentially occurring bird species of concem. National Environmental Policy Act (NEPA) Requires federal agencies to evaluate the effects of their proposed actions on the human environment. Applies to USFWS'Ss action on plan as an HCP. Final 6-95 13 /. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP Table 1 (continued) Summary of Applicable Federal and State Laws State Law Key Provisions Relevance to HCP/OMSP Endangered Species Act Section 2053 Stipulates that state agencies should not approve projects that would jeopardize listed species or destroy or adversely modify their habitat; directs CDFG to help develop reasonable and prudent altematives for such projects. Applies to CDFG's action on a 2081 agreement, jeopardy consultations triggered by CEQA reviews, and, if listed species are involved, CDFG's aaion on plans prepared under the NCCP Act. Seaions 2070-2079 Covers the state listing process; calls for periodic review of species' status, habitat identified as essential to listed species, and recommendations for the recover/ of listed species. Plan anticipates future listings; 66 species of concem treated as state listed for planning purposes. Section 2080 Prohibits take of state listed species and of candidate species for such listing. Prohibition of take currently applies to one observed plant species of concem (thread-leaved brodiaea). Section 2081 Authorizes CDFG to enter into memoranda of agreement for take of listed species for scientific, educational, or management purposes. Information requirements and approval criteria applied to plan. Sections 2090-2097 Requires state lead agencies to consult with CDFG on projects affecting state- listed species; requires CDFG to coordinate consultations with USFWS for aaions involving federally listed species and, wherever possible, to adopt the federal biological opinion. Plan assumes coordination of consultations on the species covered the by plan; questions used by CDFG in jeopardy consultations used in planning process to help evaluate potential effects of projects and activities on species of concem. NCCP Act Seaions 2800-2840 Establishes program to conserve ecosystems on a regional scale; directs CDFG to develop guidelines for preparation and approval of such conservation plans. Plan is intended to meet requirements of NCCP Aa as OMSP. Section 2835 Allows CDFG to authorize take of species covered by plans prepared in accordance with NCCP Guidelines. Plan intended to provide basis for CDFG authorization for take of species treated as state-listed. Native Plant Protection Act Protects rare and endangered native plants; basis for agreement between CDFG and USFWS regarding proteaion of federally listed plants. Plan conserves the plant species treated as listed in accordance with provisions of this Aa. Seaions 1600-1603 of Fish and Game Code Requires agreement with CDFG for projects that affea streambeds or wetlands. Plan provides framework for coordination of wetland conservation and impaa mitigation measures for projects and aaivities in the plan area. Califomia Environmental Quality Act (CEQA) Requires state lead agencies to evaluate the environmental effects of a proposed project before rendering a decision. Applies to City's aaion on the plan; individual projects and aaivities covered by plan also are subjea to CEQA review. •I m Ml m *m m m m 14 Final 6-95 0 m Carlsbad-FLCA HCP/OMSP 1. Purpose, Scope, and Planning Context Table 2 Information Requirements and Approval Criteria Relevant to the HCP/OMSP Information Requirements Federal ESA HCP requirements, as stated in Seaion 10(a) and 50 CFR 13 and 17: 1. Common and scientific name(s) of species; 2. Names of responsible parties; 3. Impacts likely to result from the taking; 4. Measures to monitor, minimize, and mitigate impacts; 5. Funding available to undertake the proposed measures; 6. Procedures to deal with unforeseen circumstances; 7. Altematives that would not result in take and the reasons why the altematives were not adopted; and 8. Additional measures (if any) required by USFWS as necessary or appropriate. California ESA 2081 agreement requirements, as stated in CDFG draft guidelines: 1. Description of the affeaed species and their habitat(s); 2. Description of the projea that will affea the listed species, • including maps showing the overall projea area and impaa area; 3. Analysis of potential impacts, including cumulative effects on listed species in and adjacent to the project area; 4. Analysis of altematives designed to reduce or eliminate impacts to the listed species; 5. Description of on- and offsite mitigation measures; and 6. Financial assurances regarding the implementation of mitigation measures. California NCCP Aa NCCP conservation plan components, as stated in NCCP Process Guidelines: 1. Maps and text presenting: (a) plan area boundaries; (b) the distribution of coastal sage scrub, target species populations, and sensitive species; (c) quantitative and qualitative habitat assessments; and (d) planned land uses. 2. A habitat conservation and management program that includes: (a) options that have been evaluated for their effeaiveiess; (b) criteria that treat target species as listed species; (c) short-term and long-term measures; (d) an evaluation of altematives to aaivities that would take target species; and (e) a recommended approach. 3. An implementation program that includes: (a) a phasing program; (b) funding mechanisms; (c) mitigation and plan monitoring; and (d) procedures to address the effects of unforeseen circumstances. Final 6-95 15 /. Purpose, Scope, and Planning Context Carlsbad-FLCA HCP/OMSP Table 2 (continued) Information Requirements and Approval Criteria Relevant to the HCP/OMSP Approval Criteria Federal ESA Califomia ESA Califomia NCCP Aa Approval criteria for an incidental take permit, as stated in Seaion 10(a)(1)(B) and 50 CFR 13 and 17: 1. The taking will be incidental to an otherwise lawful aaivity; 2. The applicant will, to the maximum extent praaicable, minimize and mitigate the impacts of the taking; 3. The applicant will ensure that adequate funding for the plan and procedures to deal with unforeseen circumstances will be provided; 4. The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; 5. The applicant will ensure that the other measures, if any, required by USFWS will be met; and 6. USFWS is assured that the conservation plan will be implemented. No approval criteria stated in ESA; CDFG uses the following questions in consultations under Seaion 2090 to assess impacts of a projea on listed species: 1. Would a viable or recoverable population be eliminated or a significant proportion of a population be adversely affeaed? 2. Would the range of the species be significantly diminished? 3. Would the quantity or quality of the species' habitat be reduced by immediate or future effects? 4. Would the species' access to its habitat be reduced or rendered more hazardous? 5. Would current or future efforts to protea species be adversely affeaed? 6. Would plans for the recovery or eventual delisting of the species be adversely affeaed? 7. Would the projea interfere with reproductive or other behavior of the species? 8. Would the projea cause, or increase the risk of, the species' extinction? No approval criteria stated in Aa; NCCP Process Guidelines indicate that OMSPs must meet following criteria to qualify as and be accepted as an NCCP: 1. The planning effort was funded and was underway as documented either by a memorandum of understanding, an agreement, a statutory exemption, or other formal process at the time the NCCP Aa became effeaive Oanuary 1, 1992); 2. The plan protects coastal sage scrub habitat and/or contains an agreement for satisfaaory mitigation for any coastal sage scrub loss approved by CDFG pursuant to a prior planning effort, and the plan substantially achieves the objeaives of the NCCP Aa; 3. CDFG approves the plan and the plan meets state ESA Seaion 2081 requirements for named species of concem; and 4. USFWS approves the plan and it provides the equivalent of federal ESA Seaion 10(a) HCP requirements for named species of concem. 16 Final 6-95 Carlsbad-FLCA HCP/OMSP 2. Plan Area Setting and Land Use Profile 2. Plan Area Setting and Land Use Profile This chapter describes the regional and local setting of the plan area, together with the existing uses and General Plan land use designations within and adjacent to the plan area components. A. Regional and Local Setting The area covered by the HCP/OMSP is located in the City of Carlsbad in northwestern San Diego County, approximately 30 miles south of Orange and Riverside Counties and 30 miles north of the urban core of the City of San Diego. 1. San Diego County San Diego County forms the southwestern tip of the State of Califomia and the continental United States. It is bordered on the east by Imperial County, on the north by Riverside and Orange Counties, on the west by the Pacific Ocean, and on the south by Baja California, Mexico (Figure 3). It extends about 70 miles from east to west and 60 miles from north to south, encompassing approximately 2.7 million acres (4,250 square miles). With over 2.6 million residents as of 1993, the county has the second largest population among the 58 counties in California; its population is larger than that in 33 of the 50 States. 2. North County The term "North County" generally refers to the cities and unincoiporated communities located north of Del Mar, south of the Orange and Riverside County borders, and west of Lake Henshaw (Figure 4). This area includes about 550,000 acres or about 20 percent of the county. Based on 1990 census data, nearly 700,000 persons reside in North County, occupying about 250,000 housing units. Approximately 40 percent of the land in the subregion has been developed. 3. Carlsbad Carlsbad is located in the western portion of North County. It is situated along the Pacific Ocean, extending 7 miles along the coast and 4.5 miles inland. It encompasses about 25,000 acres and shares borders with four other cities and two unincorporated areas (see Figure 4). Its population (63,000 in 1990) constitutes about 10 percent of that in North County and is expeaed to exceed Hi 100,000 by 2010. As in North County as a whole, about 40 percent (10,000 acres) of the City's total area has been developed; an additional 4,000 acres are m in agricultural use. Final 6-95 17 m m ..-r r ^. Onnga FVv*r»M County j \ County ^ \ County ^ / / / / /. Imp«nai County Project Location £>ACXF'XC OCEAN lUPSBAL BEACH Prepared By: Hofman Planning Associates WT8 Figure 3 . Plan Area Locati* n 18 ri fi fi fi It il II II I 1 fi II fi II II It II Ii t* II LEGEND j-^V^ JURISDICTIONAL BOUNDARIES Prepared By: Hofman Planning Associates HIS Figure 4 . Northern San Diego County to 2. Plan Area Setting and Land Use Profile Carlsbad-FLCA HCP/OMSP B. Plan Area Components Rancheros-Southeast II and Northwest are located in the southeast quadrant of the City in CMP Zones 10 and 11 and in HMP PPAs 5 and 7 (Figures 5 and 6). All of Rancheros-Southeast II also is within the proposed finance district for the Rancho Santa Fe Road Project (Figure 7). As previously noted, all of the plan area lands are in private ownership. FLCA owns 1,844.2 acres (95 percent); MAG Properties owns 81.0 acres, and 14.8 acres are in multiple private ownership in areas proposed as roadway easements for the realigned Rancho Santa Fe Road in Rancheros-Southeast II. With the exception of approximately 260 acres, all of the lands are currently designated in the General Plan for residential or commercial development (Table 3). 1. Rancheros-Southeast 11 Rancheros-Southeast 11 includes 1,278.2 acres south of Alga Road near the City's eastern boundary. It has three subcomponents (Figure 8): • The Rancheros component of FLCA's La Costa Master Plan (347.0 acres); • A segment of San Marcos Creek (85.0 acres); and • The Rancho Santa Fe Road project area (846.2 acres), which includes 750.4 acres that are the Southeast 11 component of FLCA's La Costa Master Plan, MAG Properties' 81 acres, and the 14.8 acres of proposed roadway easements. The 18.7-acre Stanley Mahr Reservoir and 2.7-acre Denk Reservoir within Southeast II and the water tank area within Rancheros are not part of the plan area. This portion of the plan area is surrounded by existing development of various densities on all sides except the southeast (see Figure 8). It is bisected by the existing Rancho Santa Fe Road, which generally runs north-south and varies in width from two to three lanes and has a truck by-pass route east of the main road. With the exception of existing roads, powerlines, and water facilities, the land is vacant; lands closest to existing development have been heavily disturbed by illegal trash dumping and off-road vehicle (ORV) use. Most (1,038.4 acres) of Rancheros-Southeast II is designated in the Carlsbad General Plan for residential uses, primarily low density (^1 dwelling unit per acre) housing (see Table 3). All of the component is within CMP Zone 11 and HMP PPA 7 (see Figure 5 and 6). Zone 11 has an approved LFMP. PPA7 is the second largest PPA identified in the draft HMP, and Rancheros-Southeast 11 constitutes 64 percent of its 1,986.9 acres. 2. Northwest Northwest includes 662 acres that surround the La Costa Country Club Golf Course north of Alga Road and east of El Camino Real (Figure 9). It coincides with the Northwest component of FLCA's La Costa Master Plan. 20 - Final 6-95 Oceanslde San Marcos San Marcos LEGEND Encinitas PLAN AREA EXISTING ROADWAYS PROPOSED ROADWAYS ZONE BOUNDARIES Prepared By: Hofman Planning Associates NTS Figures. GMP Zone Map 21 NOTE: FOCUSED PLANNING AREAS INCLy^E THOSE AREAS THAT ARE PRESEN Y VACANT AND WITH OR WrTHOUT m APPROVED TENTATIVE TRACT MAP. • CARLSBAD CITY BOUNDARY LEGEND HMP PRESERVE PLANNING AREAS HCP PLAN AREA Prepared By: Hofman Planning Associates NTS m Figure 6 . HMP Preserve Planning Artj 22 •"^innimiMI MtlHM<l< f'I RANCHO SANTA FE ROAD ASSESSMENT DISTRICT BOUNDARY LEGEND FIELDSTONE PROPERTY M.A.G. PROPERTY OTHER OWNERSHIPS ^ DEVELOPED NOT-A-PART \ Prepared By: Hofman Planning Associates NTS Figure? . Road Project Finance District 23 2. Plan Area Setting and Land Use Profile Carlsbad-FLCA HCP/OMSP Table 3 General Plan Land Use Designations in the Plan Area (acres) Plan Land Use Designation Rancheros-Southeast II Northwest Plan Area Plan Land Use Designation Rancheros San Marcos Creek Southeast II* Total Northwest Plan Area 0.0 72.0 103.3 175.3 67.3 242.6 Commercial Professional & related 0.0 0.0 11.5 11.5 0.0 11.5 Community 0.0 0.0 36.7 36.7 0.0 36.7 Subtotal 0.0 0.0 48.2 48.2 0.0 48.2 Residential 347.0 13.0 386.6 746.6 0.0 746.6 0.0 0.0 291.8 291.8 453.2 745.0 Medium density 0.0 0.0 16.3 16.3 131.5 147.8 Subtotal 347.0 /3.0 694.7 /,054.7 584.7 ;,639.5 Elementary school 0.0 0.0 0.0 0.0 10.0 10.0 TOTAL 347.0 85.0 846.2 1,278.2 662.0 1,940.2 • Includes 750.4 acres of FLCA's Southeast 11 component of the La Costa Master Plan, 81 acres owned by MAG Properties, and 14.8 acres covered by roadway easements. Subtotal for commercial uses does not reflect proposed Master Plan amendment for MAG Properties' commercial development of 81 acres in the plan area component. Source; HPA plannimeter measurements. Northwest is bordered by residential development on the east and south, by commercial and residential development on the west, and by agriculture on the north and northeast (see Figure 9). Excluding the golf course, existing uses are limited to an FLCA ranch house, powerlines, and access roads; land between El Camino Real and the Golf Course has been disturbed by illegal dumoinR and ORV use. Most (584.7 acres) of the area is designated in the General Plan for residential uses, primarily low to medium density (^3.2 dwelling units per acre) housing (see Table 3). All of the area is within GMP Zone 10 and HMP PPA 5 (see Figures 5 and 6). Zone 10 has an LFMP that is pending final approval. PPA5 is the fourth largest PPA identified in the HMP, and Northwest constitutes 49 percent of its 1,342.4 acres. 24 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation 3. Resource Inventory and Habitat Evaluation This chapter describes the surveys and studies conducted in the plan area, the habitats and species of concern that are the focus of the plan, and the significance of the plan area resources in the context of the Carlsbad HMP and North County MHCP. For convenience, common names of species have been used in the text, and both common and scientific names have been used in the tables in this chapter, A complete list of common and scientific names is provided in the Clossary; and additional information regarding the range and habitat requirements of each species of concern is included in Appendix B. A. Surveys and Studies Ten types of surveys and studies were conducted as part of the data collection and habitat evaluation for the HCP/OMSP, primarily by Sweetwater Environmental Biologists, Inc. (SEB). The primary biological data base for the plan is the result of extensive field surveys (at least 150 person-days in the field) conducted in the plan area over a two-year period (Table 4), supplemented as appropriate with information collected for the HMP and North County MHCP. 1. Pre-Survey Review of Biotechnical Reports Prior to site surveys, sensitive biological resources that could potentially occur in each plan area component were identified through a review of technical resource manuals and biotechnical reports. • Resource manuals consulted include: USFWS's list of endangered and threatened wildlife and plants (USFWS 1987); CDFG's lists of endangered and rare fish, wildlife, and plants (California 1980, 1986, 1987); the California Natural Diversity Data Base (NDDB) (CDFG 1991); and CNPS's inventory of rare and endangered vascular plants of California (Smith and Berg 1988). • Biotechnical reports reviewed include: Biological Resources Survey Report Proposed Rancho Santa Fe Road Realignment and Mass Grading (MBA 1991a and b); Biological Resources Analysis of the La Costa Planning Sub- Areas (WE5TEC 1986); Draft EIR for the Rancho Santa Fe Road Realignment and Mass Grading (Cotton/Bel and/Associates, Inc. 1991); Focused California Gnatcatcher Mapping of the La Costa Planning Sub-Areas (ERCE 1989, 1990c); and, for surveys conducted after May 1992, the Carlsbad HMP technical report (MBA/Dudek 1992). Final 6-95 29 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP Table 4 Surveys Conducted for the HCP/OMSP Type of Survey Surveys within Rancheros-Southeast 11 Surveys within Northwest Vegetation August 1990 November 1990 April 1991 May 1991 October 1991 June 1992 March 1991 November 1991 January 1992 April 1992 May 1992 Sensitive Birds April 1991 May 1991 September 1991 October 1991 December 1991 January 1991 March 1992 April 1992 March 1991 August 1991 September 1991 January 1992 Gnatcatcher Banding August 1991 September 1991 August 1991 September 1991 Rare Plants March 1991 July 1992 September 1992 October 1992 November 1991 January 1992 April 1992 May 1992 September 1992 October 1992 Sensitive Reptiles May 1992 June 1992 May 1992 June 1992 Sensitive Invertebrates June 1992 June 1992 Small Mammal Trapping August 1992 July 1992 2. General Biological Surveys General biological surveys were conducted to assess and map all observable biological resources within the two plan area components. The surveys were conducted on foot over routes that provided for direct visual observation of the entire site. Verification of species present onsite was made by direct observation or by the identification of vocalizations, tracks, scat, nests, or other sign. Bird observations were aided by the use of 10x40 and 8.5x44 power binoculars. All observed plant communities, rare plants, and sensitive wildlife were noted and mapped on topographic maps scaled at 1 inch equals 100 feet or 1 inch equals 200 feet. No night time surveys or small mammal trapping was conducted as part of the general surveys; in addition, many of the field days were overcast and relatively cool, thus limiting lizard and invertebrate observations. 30 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation 3. Regional Vegetation Mapping In addition to mapping the plan area components, SEB also prepared a regional map of habitat distribution from the City of Carlsbad southeast to Lake Hodges and east to the eastern end of the San Pasqual Valley (see Figure 2). The vegetation in this region was mapped on U.S.G.S. topographic maps based on previously prepared biotechnical reports, preliminary mapping for Carlsbad's HMP (MBA/Dudek 1992), and aerial photo interpretation. Field verification was conducted when possible. As citywide and North County mapping became available through the HMP and MHCP programs, maps and corresponding data were integrated into the plan and used as part of the habitat evaluation. 4, Focused Sensitive Bird Surveys Sensitive bird surveys focused on the California gnatcatcher. In general, survey methods developed by USFWS's California gnatcatcher working group were used whenever possible. Surveys were conducted on rain-free days during the morning hours between 6:00 a.m. and 11:00 a.m., with wind velocities under 15 mph. Taped vocalizations of the species were used to help locate birds. Gnatcatcher use areas were defined by spot mapping on aerial photographs with acetate overlays. Observed pairs were followed for approximately two to three hours at a distance far enough away as to not disrupt the birds' natural movement and activity. Focused surveys also were conducted for the endangered least Bell's vireo following protocols developed by USFWS's vireo working group. 5. Coastal California Gnatcatcher Dispersal Studies Mist-netting and color banding of coastal California gnatcatchers were conducted in accordance with the regulations established by USFWS's Banding Laboratory. After banding, all publicly accessible coastal sage scrub within the City was surveyed for coastal California gnatcatchers and to determine if any of the observed birds had originated on Fieldstone's properties. When a previously banded bird was observed, its location was mapped on U.S.G.S. topographic maps. This location was then compared with the original banding location to determine dispersal route and distance. 6, Focused Rare Plant Surveys Focused rare plant surveys were conducted during the appropriate flowering period for rare plants potentially occurring in each plan area component. The surveys were conducted between March and July and between September and November on foot, over routes that provided direct observation of all representative habitats, slope aspects, and varied soil types. Prior to onsite ground surveys, all previously prepared reports, soil maps, and historically- recorded rare plant locations were reviewed to aid the ground surveys. Rare plants observed were manually counted or population numbers estimated and then mapped onto topographic maps at a scale of 1 inch equals 100 feet or 1 inch equals 200 feet. When needed, voucher specimens were collected and placed in a temporary herbarium at SEB. Final 6-95 31 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP 7. Focused Herpetological Surveys Focused herpetological surveys were conducted to determine the presence or absence and estimated numbers of orange-throated whiptails and San Diego horned lizards. Surveys were conducted in late May and June by slowly walking transects along roads and through open habitats where these reptiles would be expected to occur. Both actual sightings and physical signs (scat, shed skin) were included as evidence of these species occurring on-site. Surveys were conducted during the afternoon hours between 11:00 a.m. and 3:00 p.m. when ground temperatures ranged between 75 and 85*^ F. All sensitive reptile species encountered during all surveys of the sites were mapped onto topographic maps at a scale of 1 inch equals 100 feet. 8. Focused Sensitive Invertebrate Surveys Focused surveys for several sensitive invertebrates were conducted in June 1992, with a special emphasis on two butterflies: Hermes copper and Quino checkerspot. Potential for occurrence of the two butterflies was assessed based on the presence and concentrations of larval host and adult food plants. The survey and the results were limited by the time of year (i.e., past the adult period for both species) and by the lack of certainty in the body of knowledge about the species regarding the amount of larval host plants needed to support a population of either butterfly. 9. Small Mammal Trapping Small mammal trapping was conducted in July and August 1992. The primary purpose of the trapping was to determine the status of several subspecies of sensitive mammals, including the San Diego woodrat, northwestern San Diego pocket mouse, Dulzura California pocket mouse, and southern grasshopper mouse. Trapping methods consisted of setting 95 to 100 Sherman live traps in each of the three primary terrestrial habitat types (i.e., chaparral, coastal sage scrub, and grassland) for three consecutive nights. The traps were baited with a mixture of rolled oats, "wild birdseed," and small amount of peanut butter and set in transect lines ranging from 25 to 100 traps per line, generally in areas where rodent signs (nests, burrows, tracks, or scat) were evident. Traps were set in the late afternoon or early evening and checked early the following morning. Weather conditions prevailing during the trapping period consisted of cool nights (65-70" F) and warm humid days (75-85° F). Mornings and nights were generally overcast. Speizies identification was based on the keys in ingles (1965) and on information obtained from examining specimens from the mammal collection of the San Diego Natural History Museum. 10. Literature Reviews Existing scientific literature on species of concern known or assumed to occur in the plan area was reviewed and summarized, with a special emphasis on species currently under consideration for federal or state listing (see Appendix B). This effort was assisted by biologists from Regional Environmental Consultants (RECON), who served as biological consultants to the City during the preparation of the March 1993 draft of the plan. 32 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation Information about HMP and MHCP target species has been integrated into the summaries in this chapter and Appendix B, based primarily on work completed by Dudek and Associates, the biological consultants for the HMP and MHCP, and the Biological Task Force for Reserve Design convened for the MSCP and MHCP. B. Resource Inventory Results of the surveys and studies reflect the different mixes of habitat types within each plan area component and the effects of existing development on the distribution of habitats and species of concern. 1. Habitat Types m Six habitat types occur within the plan area: Diegan coastal sage scrub, southern mixed and southern maritime chaparral, non-native and native grassland, riparian scrub and oak woodland, disturbed habitat, and eucalyptus woodland. Approximately two-thirds of Rancheros-Southeast II is coastal sage scrub, with the remainder primarily southern mixed chaparral and disturbed habitat; all six habitat types occur in Northwest but no one type covers more than 38 percent of the plan area component (Table 5 and Figure 10). A brief description of each habitat type follows Table 5. Table 5 Habitat Types in the Plan Area (acres) Habitat Type Rancheros- Southeast II Northwest Plan Area Diegan coastal sage scrub 832.2 123.0 955.2 Chaparral Southem mixed 189.2 6.0 195.2 Southem maritime 0.0 120.0 120.0 Subtotal 789.2 726.0 315.2 Grassland Non-native 35.0 251.6 286.6 Native 41.6 3.4 21.0 Subtotal 76.6 255.0 306.6 Riparian scrub and woodland 16.6 97.0 113.6 Disturbed habitat 157.4 55.5 191.9 Eucalyptus woodland 1.0 5.5 6.5 TOTAL 1,278.2 662.0 1,940.2 Final 6-95 33 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP a. Diegan Coastal Sage Scrub Diegan coastal sage scrub is a drought-deciduous shrub community with a diverse understory of annual and perennial herbs, perennial and annual grasses and grass-like plants. It occurs primarily on dry-south facing slopes and hillsides or clay-rich soils adjacent to chaparral or upslope from riparian woodlands, frequently in a mosaic distribution with native grasslands and occasionally with chaparral. Characteristic species include: California sagebrush, black sage, flat- top buckwheat, lemonadeberry, laurel sumac, and California encelia. In the plan area, coastal sage scrub dominated by California sagebrush occurs on gentle slopes and has flat-top buckwheat and laurel sumac as associated species; coastal sage scrub dominated by black sage generally occurs on the steeper slopes in the plan area and has California encelia as an associate species. Rancheros-Southeast II contains 832.2 acres of coastal sage scrub; Northwest contains 123.0 acres. />. Non-Native and Native Grassland Non-native grassland is a dense to sparse cover of annual grasses often associated with numerous species of showy-flowered, native annual forbs, especially in years of high rainfall. This association occurs on fine-textured, usually clay soil that is moist or even waterlogged during the winter rainy season and very dry during the summer and fall. Characteristic species include slender wild pat, soft chess, red brome, ripgut grass, red-stem filaree, tarweed, common goldenfields, and foxtail fescue. Native grassland is characterized by perennial bunch grasses such as purple needlegrass and a variety of herbaceous annuals and perennials such as Cleveland's golden star and California blue-eyed grass. They generally occur on fine-textured soils that exclude annual and exotic grasses. Almost all of the native grasslands in California have been displaced by non-native grassland dominated by introduced annual species. Rancheros-Southeast II contains 35 acres of non-native grassland and 41.6 of native grassland. Northwest has 251.6 acres of non-native grassland and 3.4 acres of native grassland. c. Southern Mixed and Southern Maritime Chaparral Southern mixed chaparral is composed of broad-leaved, fire- and drought- adapted shrubs that are typically about 4 to 9 feet tall and form dense, often nearly impenetrable stands. Dominant shrubs vary from site to site but are likely to include chamise, interior scrub oak, mission manzanita, laurel sumac, lemonadeberry, and toyon. Understory plants include rush-rose, deerweed, wreathplant, and a variety of composites. The habitat occurs on dry, rocky, often steep north-facing slopes with little soil. 34 Final 6-95 In 10-18-93 Carlsbad-FLCA HCP/OMSP 3. Resound/nventOQ^ and Hab/tat Eva/uat/on Southern maritime chaparral is low to medium in height and occurs in dense to fairly open stands on weathered sandstone fomriations in the coastal fog belt. Characteristic species include several endemic shrubs such as Del Mar manzanita, wart-stemmed ceanothus, coast spice bush, and coastal scrub oak. Within the plan area, the habitat occurs in an area characterized by flat mesas dissected by steep, severely eroded rills, gullies, and drainages. Chamise, mission manzanita, and Del Mar manzanita dominate the mesas, while scrub oak, lemonadeberry, and summer holly dominate the drainages. Rancheros-Southeast II contains 189.2 acres of southern mixed chaparral and no southem maritime chaparral. Northwest has 6 acres of southem mixed and 120 acres of southern maritime chaparral. rf. Riparian Scrub and Woodland The riparian scrub and woodland habitats in the plan area include: mulefat scrub, tamarisk scrub, floodplain scrub, southem willow scrub, and southern willow woodland. Mulefat scrub is a depauperate, tall, herbaceous, riparian scrub community dominated by mulefat and interspersed with shrubby willows. This habitat occurs along intermittent stream channels with a fairly coarse substrate and moderate depth to the water table. Similar to southem willow scrub, this early serai community is maintained by frequent flooding, the absence of which would lead to a riparian woodland or forest (Holland 1986). Tamarisk scrub is a weedy stand of plants comprised primarily of tamarisk species, which is a non-native plant that displaces native vegetation subsequent to a major disturbance. This habitat occurs along intermittent streams in areas where high evaporation rates increase the salinity level of the soil. Tamarisk is a phreatophyte, a plant that can obtain water from an underground water table. Because of its deep root system and high transpiration rates, tamarisk can substantially lower the water table below the root zone of native species, thereby competitively excluding them. As a prolific seeder, it is able to rapidly replace the native species that it displaces within a drainage (Holland 1986). Floodplain scrub is an open to dense scrub community dominated by coyote bush. This community occurs on the upper flood plains along large stream courses. This is most likely a serai community, that in the absence of contmued disturbance such as periodic flooding will be replaced by later serai scrub or woodland communities. Southern willow scrub and woodland are open to dense riparian communities dominated by willow species. Both occur along major stream courses where there is an abundant supply of water at or near the surface for most of the year. The woodland community differs from the scrub not so much in fioristic composition as in physiognomy; it has a greater vertical structure, greater biomass and lower density of dominant species. In the absence of large, periodic disturbances, southern willow scrub, which is characterized by a high density of small individual willows, is replaced by southern willow riparian woodland which is characterized by fewer larger individuals of these same willows. Final 6-95 37 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP 38 Rancheros-Southeast II contains 16.6 acres of riparian scrub and woodland; Northwest has 97 acres. e. Disturbed Habitat Disturbed habitat is characterized by areas that either lack vegetation, support weedy introduced species, or are irreversibly developed. Most of the disturbed habitat in the plan are areas affected by past agricultural activities, construction m adjacent areas, or trespassers. The level of disturbance is such that these areas would not recover to native habitats without restoration efforts. Moreover, some of the existing impacts will worsen unless specific management measures are implemented. Rancheros-Southeast II contains 157.4 acres of disturbed habitat, including 21 acres that are a recovering burn area. Northwest has 55.5 acres of disturbed habitat.- f. Eucalyptus Woodland Eucalyptus woodland is dominated by eucalyptus, an introduced species, that produces a large amount of leaf and bark litter. The chemical and physical characteristics of this litter limits the ability of other species to grow in the understory and fioristic diversity decreases. Rancheros-Southeast II has 1 acre of eucalyptus woodland; Northwest has 5.5 acres. 2. Species of Concern Of all flora and fauna associated with the habitats types in the plan area, 66 species were selected as "species of concern" for conservation planning purposes. The species are representative of the biodiversity and sensitive of resources in the plan area, Carlsbad, and the regional ecosystem. They include species that are: Final 6-95 m m i 1. Already protected by the federal or state ESAs; ' 2. Candidates for federal or state listing; il 3. "Species of special concern" in California as identified by CDFG; 4. Sensitive bird species protected by the Migratory Bird Treaty Aa; ^ 5. On the list of sensitive species for the NCCP program; ' m 6. On the list of sensitive plant species maintained by the CNPS; 7. On the list of target species for the HMP and North County MHCP; m 8. On the list of "other sensitive species" for the HMP Information regarding the species* habitat associations, rangewide distribution, _ and occurrence in the plan area is summarized in Table 6 and presented in more detail in Appendix B. M As previously noted, 36 of the 66 species of concern were observed in one or ^ both plan area components; 30 of the 66 species have the potential to occur in habitats in the plan area. Within the plan area components: Ml m Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation • 26 species of concern were observed, 2 are assumed to occur, and 27 have a low to moderate probability of occurring in suitable habitat in Rancheros- Southeast II; and • 23 species of concern were observed, 3 are assumed to occur, and 26 have a low to moderate probability of occurring in suitable habitat in Northwest. a. Observed Species of Concern Observed species of concern Include 17 plant species, 1 amphibian, 5 reptiles, 10 birds, and 3 mammals (see A-1 through A-36 on Table 6). Of the 36 species: • 1 is federally listed as threatened (coastal Califomia gnatcatcher), 1 is proposed for federal listing as endangered (Del Mar manzanita), and 19 are candidates for federal listings; • 1 is state listed as endangered (thread-leaved brodiaea) and 16 are species of special concern in California; and • 20 are on the list for the NCCP program, and 16 are target species for the HMP and MHCP. The distribution of the one federally-listed observed species of concern, the coastal California gnatcatcher, is shown on Figures 11-12. £), Potentially Occurring Species The "potentially occurring" species of concern include 10 plants, 1 amphibian, 7 reptiles, 4 birds, and 5 mammals (see B-1 through B-30 on Table 6). Of the 30 species: • 2 are federally listed as endangered (least Bell's vireo and pacific pocket mouse), 5 are proposed for federal listing as threatened or endangered (Del Mar sand aster, Encinitas baccharis, Orcutt's spineflower, California red- legged frog, and southwestern willow flycatcher), and 21 are candidates for federal listing; • 5 are state listed as endangered (Encintas baccharis, Orcutt's spineflower, San Diego thornmint, least Bell's vireo, and southwestern willow flycatcher) and 15 are species of special concern in California; and • 17 are on the list for the NCCP program, and 10 are target species for the HMP and North County MHCP. C. Habitat Evaluation Habitat evaluations consistent with NCCP Guidelines have been conducted for the HMP and North County MHCP and provide a relative measure of the habitat values and species richness of HCP/OMSP plan area. Final 6-95 39 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP *" ii Table 6 HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution Observed Species of Concem (N-36) A-1 Ashy spike-moss Selaginella cinerascens CNPS4 Occurs on flat mesas in open CSS and CHP. Range includes Orange County to northem Baja Califomia. A-2 Califomia adder's-tongue Ophioglossum californicum C3c, CNPS4 Occurs in grassy areas and vemal pools. Range extends from northem Califomia counties into northwestem Baja Califomia. A-3 Califomia adophia Adolphia califomica CNPS2, NCCP, OSS Occurs in CSS and CHP in clay soils on dry coastal and foothill slopes below 1000 feet. Range includes San Diego County to Baja Califomia. A^ Del Mar manzanita Arctostaphylos glandulosa ssp. crassifolia FPE*, CNPSIB, T Occurs in SMaC in areas with marine sandstone. Range includes coastal San Diego County to Cabo Colonet A-5 Engelmann oak Quercus engelmannii CNPS4, OSS Occurs in OW, EW, and SMaC. Range extends from Los Angeles County foothills to Sien-a Juarez in Baja Califomia. A-6 Nuttall's scrub oak Quercus dumosa CNPSIB, OSS Occurs in CHP and CSS in sandy soils and sandstone. Range extends from coastal Santa Barbara County to northwestem Baja California. A-7 Orcutt's brodiaea Brodiaea orcuttii C2*, CNPSIB,! Occurs along ephemeral streams and vemal pools. Range extends from Riverside and San Bemardino Counties through San Diego County into Baja Calif. A-8 Palmer's grapplinghook Harpagonella palmeri CNPS2, OSS Occurs m CHP, CSS, and G. Range includes southem Califomia from Los Angeles County southward, Arizona, and northem Baja Calif. A-9 San Diego County viguiera Viguiera laciniata CNPS4, NCCP Occurs in CSS. Range includes coastal San Diego County to central Baja Califomia. A-10 San Diego golden star Mu/7/a clevelandii C2«, CNPSIB, T Occurs in G and CSS with clay soils. Range includes coastal San Diego County to extreme northwest of Baja Califomia. A-11 San Diego marsh elder Iva hayesiana C2, CNPS2, NCCP, OSS Occurs in RS and SM. Range includes coastal San Diego County to central Baja Califomia. A-12 Southwestem spiny rush junctus actus var. leopoldii CNPS4, OSS Occurs in FWM, SM, and RW. Range extends from San Luis Obispo and San Bemardino Counties to central Baja Califomia. A-13 Sticky-leaved liveforever Dudleya viscida Cl*, CNPSIB, NCCP, OSS Occurs in CSS and CHP of bluffs and rocky cliffs. Range includes southem Orange County to central San Diego County. A-14 Summer holly Comarostaphylis diversifolia ssp. diversifolia Cl, CNPSIB, T Occurs in CHP and SMaC. Range includes coastal Orange and San Diego Counties into northwest Baja Califomia. A-15 Thread-leaved brodiaea Brodiaea filifolia Cl*, SE, CNPSIB, T Occurs in G and vemal pools with clay soils. Range includes coastal San Diego County to central Baja Califomia. 40 Final 6-95 Car/sbad-FtCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation m Occurence in Plan Area Occurrence in Components Habitat Used by or Potentially Suitable for Species in Plan Area M R-SEll 1 NW CSS 1 CHP j SMaC RW DIS 1 Other m m Widespread in suitable habitat in R-SEIl and NW. O O X X X pi ii Approx. 100 individuals in R-SEM. O NE X X Pi Ml Approx. 6,500 individuals on R-SEll and 3,600 individuals in NW. 0 O X X X Approx. 1,026 individuals in NW. NE O X One tree in NW only. NP O X Occurs in both areas; 1,351 individuals in NW; no count for R-SEll. O O X X Two populations of five individuals each in R-SEll. O NE X Ma Eight populations with individual counts ranging from 3000 to 20 in NW. NE 0 X X X ma Approx. 75 individuals in R-SEM. O NE X mt Approx. 1,950 individuals in three locations in R- SEll. O ND X X m m Large population along San Marcos Creek in R- SEII. O ND X X m Large and small populations in R-SEll; 5 small populations in NW. o O X X m !• Several large populations along San Marcos Creek in R-SEll. o NE X in riparian corridor «• IH Approx. 1,100 individuals in NW. ND O X Ml Sixteen populations, approx. 7,000 individuals in NW. ND o X Final 6-95 41 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP Table 6 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution A-16 Wart-stemmed ceanothus Ceanothus verrucosus C2, CNPS2, T Occurs in SMaC and CHP. Range includes coastal San Diego County to central Baja Califomia. A-17 Westem dichondra Dichondra occidentalis C3c, CNPS4, NCCP, OSS Occurs in understory of CHP and CSS. Range extends from Marin and Sonoma Counties to San Miguel Island and Baja Califomia. " | A-18 Westem spadefoot toad Spea hammondii CSC, NCCP, T Occurs tn CSS, CHP, and G. Range extends from north central Califomia to northwestem Baja 1 Califomia. 1 A-19 Coastal rosy boa Lichanura trivirgata rosafusca C2, CSC, NCCP, OSS Occurs in CSS and CHP with rocky substrates. 1 Range extends from Los Angeles County to northwest 1 Baja Califomia. j A-20 Coastal westem whiptail Cnemidophorus tigris multiscutatus C2, CSC, NCCP, OSS OccursinopenCSS, CHP, and woodlands. Range extends from Ventura County to south central Baja 1 Califomia. 1 A-21 Northem red diamond rattlesnake Crotalus ruber ruber C2, CSC, NCCP, OSS Occurs in rocky CSS, CHP, other scrub, and cactus. Range includes southem Califomia to northem Baja 1 Calfiomia. 1 A-22 Orange-throated whiptail Cnemidophorus hyperythrus beldingi C2, CSC, NCCP, T Occurs in CSS, CHP, RW, weedy areas, and washes. 1 Range includes southem Orange and San Bemardino 1 Counties to south central Baja Califomia. | A-23 San Diego homed lizard Phrynosoma coronatum blainvillei C2, CSC, NCCP, T Occurs in CSS, CHP, and OW. Range includes Santa Barbara County to northwest Baja Califomia. 1 A-24 Bell's sage sparrow Amphispiza belli belli C2, CSC, MBTA, NCCP, OSS Occurs in CSS, CHP, juniper woodland, and alluvial ( fan scub. Range includes Califomia and northem 1 Baja Calif. 1 A-25 Burrowing owl Speotyto cunicularia CSC, MBTA, T Occurs in G. Range includes westem United States, 1 Canada, and Mexico. j A-26 Coastal Califomia gnatcatcher Polioptila califomica califomica FT, CSC, MBTA, NCCP, T Occurs m CSS. Range includes Los Angeles, Orange, 1 westem Riverside, and San Diego Counties into Baia 1 Calif. 1 A-27 Cooper's hawk Accipiter cooperi CSC, MBTA, T Occurs in RS, RW, and OW near foraging areas. Range includes continental U.S., excluding Alaska and parts of Montana and the Dakotas j A-28 Loggerhead shrike Lanius ludovicianus C2, CSC, MBTA, NCCP, OSS Occurs in C, CSS, and disturbed habitat. Range includes much of North America; winters south to 1 Central America. 1 A-29 Northem harrier Circus cyaneus CSC, MBTA, T Occurs in FWM, SM, C, CSS, and agricultural fields. 1 Winters and migrates throughout Califomia. 1 A-30 Southem California rufous-crowned sparrow Aimophila ruficeps canescens C2, CSC, MBTA, NCCP, T Occurs in CSS and mixed CSS and C. Range 1 includes Santa Barbara County to northwestem Baja 1 Califomia. j 42 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation - Occurrence in Plan Area Occurrence in Components Habitat Used by or Potentially Suitable for Species in Plan Area m R-SEII NW CSS G CHP SMaC RS RW DIS Other -Approx. 155 individuals in NW. NE O X - Five small populations in R-SEll. O NE X X wm Tadpoles observed in rain pools in R-SEII; potential habitat present in NW. O P X X ma Observed in R-SEll; assumed to occur in NW. o A X X w mm Observed in both subareas; does not appear to be common. o O X X IH Observed in R-SEII; assumed to occur in NW; not likely to be common. o A X X Observed in NW; assumed to occur in R- SEII. A 0 X X X X X washes - Observed in both components. 0 6 X X X OW m Approx. 13-20 pairs seen in R-SEII; suitable habitat present in NW. 0 A X X X AFS mt Burrows and pellets found in NW; suitable habitat not present in R-SEII. A NE X AFS jm 35 pairs in R-SEII; 13 pairs in NW. O O X X Observed foraging in both subareas; potential breeding habitat in R-SEII. O o X X X X OW Ml Two pairs in each subarea. o o X X X m» One male observed foraging in NW. ND o X X X X ma individuals fairly common in CSS in R-SEll; not observed in CSS in NW. O ND/P X Final 6-95 43 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP Table 6 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution A-31 Tricolored blackbird Agelaius tricolor C2, CSC, MBTA, NCCP, T Breeds in FWM, forages in C and agricultural lands. Range extends from southem Oregon to northem Baja Califomia. A-32 Yellow-breasted chat Icteria virens CSC, MBTA, OSS Occurs rn RW and RS. Range includes most of North America; breeds in southem Califomia in spring and summer. A-33 Yellow warbler Dendroica petechia brewsteri CSC, MBTA, OSS Occurs in RW and RS. Range includes most of North America; breeds in southem Califomia in spring and summer. A-34 Northwestem San Diego pocket mouse Chaetodipus fallax fallax C2, CSC, NCCP, T Occurs in CSS, CHP, and open weedy areas. Range includes parts of Los Angeles, Orange, Riverside, San Bemardino, and San Diego Counties. A-35 San Diego black-tailed jackrabbit iepu5 californicus bennettii C2, CSC, NCCP, OSS Occurs in CSS, G, and disturbed habitaL Range includes coastal slope of southem Califomia from Santa Barbara County into northwest Baja Calif. A-36 San Diego desert woodrat Neotoma lepida intermedia C2, CSC, OSS Occurs in rocky areas and CHP and CSS with cactus. Range includes coastal slope of southem Califomia from San Luis Obispo County to northwest Baja Calif. Potentially Occurring Species of Concem (N-30) B-1 Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae CNPSIB, NCCP, OSS Occurs atop coastal bluffs in CSS. Range includes coastal slope of southem Califomia from San Luis Obispo County to northwest Baja Calif. B-2 Cliff spurge Euphorbia misera CNPS2, NCCP, OSS Occurs on coastal bluffs in CSS. Range includes ' Orange, Riverside, and San Diego Counties to central Baja Califomia. B-3 Coast barrel cactus ferocactus viridescens C2*, CNPS2, NCCP, OSS Occurs on dry slopes with CSS and CHP. Range includes coastal San Diego County, northwest Baja Califomia, and foothills of Sierra Juarez. B^ Del Mar sand aster Corethrogyne filaglnifolia var. linfolia FPT, CNPSIB, NCCP,T Occurs in sandy, disturtied coastal areas, usually in SMaC. Endemic to c^itral, coastal San Diego County. B-5 Encinitas baccharis Baccharis vanessae FPE, SE, CNPSIB, T Occurs in SMaC and CHP. Endemic to northwest and north-central San Diego County. B-6 Orcutt's hazardia Hazardia orcuttii C2, CNPSIB Occurs on coastal slopes in CHP. Endemic to northwest Baja Califomia, with a disjunct population in Encinitas, Califomia. B-7 Orcutt's spineflower Chorizanthe orcuttiana FPE*, SE, CNPSIB, NCCP Occurs in SMaC Endemic to San Diego County. B-8 San Diego ambrosia Ambrosia pumila C2*, CNPSIB, NCCP Occurs in coastal G and disturbed habitat. Range includes coastal San Diego County to northwest Baja Califomia. B-9 San Diego sagewort Anemisia palmeri CNPS2, NCCP, OSS Occurs in drainages with RS, CSS, and CHP. Range includes coastal San Diego County to northwest Baja Califomia. 44 Final 6-95 Car/sbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation m Occurrence in Plan Area Occurrence in Components Habitat Used by or Potentially Suitable for Species in Plan Area m R-SEII NW CSS c CHP SMaC RS RW DIS other mm Good foraging habitat in NW, one bird sighted; not detected in R-SEII. ND/P O X X M Two pairs observed in NW; none obsen/ed in R- SEII. ND/P O X X IMI A few individuals observed in NW; none observed in R-SEII. ND/P 0 X X JM m» Observed in both components. O o X X X X X edge of RWin NW m M Observed in both components. O o X X X X X m Observed in both components. 0 0 X X m Not detected, low potential for occurring in • either component. ND/L ND/L X nr Not detected, low potential for occurting in either component. ND/L ND/L X m Not detected or expected in either component. NE NE X X X Not deteaed or expected in either component. NE NE X w Not expected in R-SEII; low potential for occurrence in NW. NE ND/L X X HI m Not detected or expected in either component. NE NE X X m Not expected in R-SEII; low potential for occurrence in NW. NE ND/L X - Only one population known to occur in San Diego County. NE NE X X X Low to moderate potential for occurrence in plan area. ND/L ND/M X X X Final 6-95 45 3. Resource Inventory and Habitat Evaluation Table 6 (continued) HCP/OMSP Species of Concern Car/si)ad-fLO\ HCP/OMSP ID# Species Name and Listing Status Habitat A^ociation and Rangewide Distribution B-10 Acanthomintha Ilicifolia Cl*, SE, CNPSIB, NCCP,T Occurs in C and vemal pools on clay soils. Range includes coastal San Diego County to coastal area above Ensenada and Sierra Juarez mountains. B-11 Harbison's dun skipper Euphyes vestris harbinsoni C2,T Occurs in RW, RS, and OW with perennial water source. Range includes Orange and San Diego Counties. B-12 Hermes copper lycaena hermes C2*, OSS Occurs in CSS and CHP; larval foodplant is buckthorn. Range includes San Diego Co. to northem Baja Calif. B-13 Quino checkerspot Euphydryas editha quino Cl *, OSS Occun: in CSS, C, and VP; larval foodplant is plantain. Range includes Orange, Riverside, and San Diego Counties to coastal central Baja Calif. B-14 California red-legged frog Rana aurora draytonii FPE, CSC, OSS Occurs in ponds, marshes, and pools. Range includes northem Califomia to northwestem Baja Califomia. B-15 Coast patch-nosed snake Salvadora hexalepis virgultea C2, CSC, NCCP, OSS Occurs mainly in CHP but also in mixed CSS and C. Range includes Santa Barbara County into northwest Baja Califomia. B-16 Coronado skink Eumeces skiltonianus interparietalis C2, CSC, NCCP, OSS Occurs in C, CSS, open CHP, OW, and pine forests. Range includes Los Angeles County into northwest Baja Califomia plus several islands. B-17 San Diego banded gecko Coleonyx variegatus abbotti C2, CSC, NCCP, OSS Occurs in CHP and CSS with rocky outcrops. Range extends from San Gabriel Mountains to northwest Baja Califomia and Cedros Island. B-18 San Diego ringneck snake Diadophis punctatus similis C2, CSC, OSS Occurs in OW, C, CHP, and CSS. Range includes southwest San Bemardino County to northwest Baja Califomia. B-19 Silvery legless lizard Anniella nigra argentea CSC, OSS Occurs along washes, beaches, alluvial fans and in CSS and CHP. Range includes San Francisco to northwest Baja Califomia. B-20 Southwestem pond turtle Clemmys marmorata pallida Cl CSC, NCCP, OSS Occurs in FWM, creeks, and ponds. Range extends from Monterey County to northwest Baja Califomia. B-21 Two-striped garter snake Thamnophis hammondii C2, CSC, OSS Occurs primary along permanent creeks and streams, also in VP and CHP. Range includes Monterey County to northwest Baja Califomia. B-22 California homed lark Eremophila alpestris actia C2, CSC, MBTA, NCCP, OSS Occurs in sandy beaches, G, and agricultural lands. Range includes coastal slopes and lowlands from Sonoma County to northem Baja Califomia. B-23 Least Bell's vireo Vireo bellii pusillus FE, SE, MBTA, T Occurs in lowland RW. Range includes southem Califomia to northwest Baja Califomia. B-24 San Diego cactus wren Campylorhynchus brunneicapillus couesi C2, CSC, NCCP, T Occurs in CSS, cactus patches, and thomy thickets. Range includes southem Orange and San Diego Counties into northwest Baja Califomia. 46 Final 6-95 Car/sbad^fLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation Occurrence in Plan Area Occurrence in Components Habitat Used by or Potentially Suitable for Species in Plan Area Occurrence in Plan Area R-SEII NW CSS G CHP SMaC RS RW DIS Other Not detected in either component; low potential for occurrence. ND/L ND/L X Habitat occurs in R-SEII; larval foodplant not observed in NW. ND/L ND/L X X Larval foodplant occurs in both components; adults not surveyed for. P P X X Thought to be extirpated in San Diego County; potential habitat in R-SEIt. NE NE X X Extirpated in many areas of southem Califomia. NE NE X X creeks Not seen in plan area, low potential for unobserved occurrence. ND/L ND/L X X X Not detected but not surveyed for; moderate potential for occurrence. ND/M ND/M . X X X OW Low potential for occurrence in R-SEll; not expected in NW. ND/L NE X X Moderate potential for occurrence in both components. ND/M ND/M X X X OW Not observed; suitable habitat occurs in both components. ND/M ND/M X X OW Not observed; suitable habitat in R-SEll; marginal habitat in NW. ND/M ND/L X X ponds, stream Low potential for occurrence in R-SEII; in NW, moderate potential. ND/L ND/M X X X creek, ponds, stream Low potential for unobserved occurrence in either component. ND/L ND/L X X Not observed in plan area; moderate potential for occurrence. ND/M ND/M X X Not observed; might occur if cactus is'used for fire breaks. ND/P ND/P X cactus patches Final 6-95 47 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP Table 6 (continued) HCP/OMSP Species of Concern ID# Species Name and Listing Status Habitat Association and Rangewide Distribution B-25 Southwestem willow flycatcher Empidonax traillii extimus FPE, SE, FSS, MBTA, T Occurs in RW and RS. Range includes southwestem U.S. into northwest Mexico. B-26 Califomia mastiff bat Eumops perotis californicus C2, CSC, T Roosts in rock crevices, outcrops, buildings; forages in CHP and OW. Range includes Central Califomia, westem Texas, and northem Mexico. B-27 Dulzura Califomia pocket mouse Chaetodipus californicus femoralis C2, CSC, T Occurs in CHP, mulefat scrub, and disturbed areas. Range extends from Santa Margarita River to northem Baja Califomia. B-28 Pacific pocket mouse Perognathus longimembris pacificus FEE, CSC, NCCP, OSS Occurs in CHP, CSS, and C with sandy substrate. Range limited to coast of southem Califomia; only eight localities known. B-29 Southem grasshopper mouse Onychomys torridus ramona C2, CSC, NCCP, OSS Occurs in C and CSS. Range extends from northern Los Angeles County to northwestem Baja California. B-30 Townsend's westem big-eared bat Plecotus townsendii townsendii C2, CSC, T Roosts in tunnels, caves, and buildings; forages in OW, C, and other habitats. Range includes most of westem U.S. ID Codes A- B- Species observed or assumed to occur in one or both plan area components. Species potentially occurring in habitats in one or both plan area components. Status Cl C2 C3c CNPS CSC FE FEE FPE FPT FSS FT MBTA NCCP OSS ST T Codes Category 1 candidate for federal listing Category 2 candidate for federal listing Category 3c candidate for federal listing Listed by the California Native Plant Society as: (1B) rare or endangered in Califomia and elsewhere (2) rare or endangered in Califomia and more common elsewhere (4) plants of limited distribution Identified by CDFG as a species of special concem in Califomia Listed as endangered under the federal ESA Emergency listed as endangered under the federal ESA Proposed for federal listing as endangered Proposed for federal listing as threatened Identified by federal agencies as a sensitive species Listed as threatened under the federal ESA Protected by the Migratory Bird Treaty Act On the list of sensitive species for the NCCP program "Other Sensitive Species" identified in draft Carlsbad HMP Listed as threatened under the Califomia ESA Target species for Carlsbad HMP and North County MHCP On the list of species covered by a settlement agreement between USFWS and environmental groups who filed suit regarding the timely listing of Cl and C2 species. IP m 48 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation m m Occurrence in Plan Area Occurrence in Components Habitat Used by or Potentially Suitable for Species in Plan Area Occurrence in Plan Area R-SEII NW CSS G CHP SMaC RS RW DIS Other Not observed; low potential for occurence in R-SEII; moderate in NW. ND/L ND/M X X Bats and roost sites not observed; foraging habitat in both components. ND/P ND/P X OW Not observed; potential habitat occurs in both components. ND/P ND/P X MPS X Not observed or expected in plan area because of rarity in region. NE NE X X X X Not observed; low potential for occurrence in either component. ND/L ND/L X X Bats and roost sites not observed; foraging habitat in both components. ND/P ND/P X OW Subarea Codes R-SEII Rancheros-Southeast Ii NW Northwest Habitat Codes AFS Alluvial Fan Scrub CHP Chaparral types, excluding Southem Maritime Chaparral CSS Coastal Sage Scrub FWM Freshwater Marsh G Grassland, native and non-native JW Juniper Woodland MPS Mulefat Scnjb OW Oak Woodland RS Riparian Scrub RW Riparian Woodland SMaC Southem Maritime Chaparral Occurrence Codes A Assumed to occur L Low Probability of Occurrence M Moderate Probability of Occurrence ND Not Detected" NE Not Expected (or Observed) O Observed P Potentially occurs, based on presence of suitable habitat Final 6-95 49 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP 1. HMP Context As discussed in the draft HMP, the identification of the PPAs was based on an habitat value and sensitivity analysis that evaluated natural open space throughout the City in terms of several factors: Amount and number of different habitats present; Connectivity with habitats of the same type; Vulnerability and manageability, based on adjacent land uses; Presence, amount, and diversity of sensitive habitats; Presence and abundance of gnatcatchers and coastal sage scrub; and Numbers of sensitive plant and wildlife species. Similar to the habitat evaluation process recommended in the NCCP guidelines (see Appendix A), the analysis allowed for a comparative ranking of habitat values. The PPAs were drawn to capture the higher value habitats, but not all habitat within PPAs is high value and not all PPAs have habitats of equal value. The relative values of PPAs 7 and 5, which encompass the plan area components, can be described as follows. a. PPA7 Based on HMP GIS mapping, PPA7 is 47 percent coastal sage scrub {937 acres), 17 percent chaparral (337 acres), 22 percent grassland (477 acres), and 3 percent riparian scrub and woodland habitat (53 acres) {Table 7). It is linked to comparable habitat east of Carlsbad via Rancheros-Southeast II, to PPA6 via the riparian corridor extending through Green Valley, and to PPAS by a power line corridor and La Costa Golf Course. Habitat in the PPA supports a full complement of HMP target coastal sage scrub species, including California gnatcatcher (at least 52 records from the area), San Diego horned lizard, orange-throated whiptail, southern California rufous- crowned sparrow, northwestern San Diego pocket mouse, and others. The PPA also contains riparian habitat that is potentially suitable for least Bell's vireo and southwestern willow flycatcher, plus grasslands that are potential foraging habitat for raptors and potential nesting habitat for the burrowing owl. Sensitive plants present in PPA7 include Del Mar manzanita and summer holly in chaparral; Orcutt's brodiaea, San Diego golden-star, and San Diego thorn-mint in grasslands- and other sensitive species such as California adolphia, western dichondra, and ashy sptke-moss. Rancheros-Southeast 11 encompasses most (over 800 aaes) of the sage scrub in the PPA, more than one-half (about 190 acres) of the chaparral, and about one- third (about 17 acres) of the riparian scrub and woodland in the PPAs. Compared with the PPA as a whole, it contains a higher proportion of sage scrub and lower proportion of grassland. L PPAS PPAS is 22 percent sage scrub (292 acres), 13 percent chaparral (172 acres), 34 percent grassland (450 acres), and at least 5 percent riparian scrub and woodland habitat (60 acres). 50 Final 6-95 Carlsbad-FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation Table 7 Comparison of Citywide, PPA, and Plan Area Habitat Estimates (acres) 1M Total ToUl Rancheros- m Habitat Type in City in All 7 PPAs PPA 7 Southeast II PPAS Northwest mm Coastal sage scrub 3,377 2,645 937 832.2 292 123.0 Chaparral 2,024 1,555 337 189.2 172 120.0 Grassland 2,469 1,571 477 76.6 450 255.0 Riparian scrub/woodland* 621 535 53 76.6 60 97.0* Eucalyptus woodland 302 102 17 1.0 8 5.5 m Salt and freshwater marsh 360 285 1 0.0 8 0.0 Disturbed wetlands 189 124 0 0.0 35 0.0 mm Other disturbed habitat** 4,706 1,597 116 157.0 291 191.9 Water 880 850 2 0.0 7 0.0 Developed 9,989 444 47 0.0 20 0.0 TOTAL 24,917 9,708 1,987 1,278.2 1,343 662.0 * HMP "Riparian Scrub/Woodland" category excludes disturbed riparian areas, which are treated as "Disturbed Wetlands" in the HMP. ** HMP "disturbed habitat" category includes agriculture and excludes disturbed coastal sage scrub and chaparral; the latter are counted in the totals for those types. NOTE: Acreage for Rancheros-Southeast II and Northwest is included for comparison; plan area component totals were calculated based on site-specific mapping, not the HMP data base. The La Costa Golf Course provides a buffer between existing uses and habitat in the PPA, and the edge of the golf course also provides a narrow riparian corridor that traverses nearly the entire PPA. The northern edge of the PPA is adjacent to agricultural lands. Linkages to PPA7 are provided via narrow power line easements. No permanent linkages to PPA2 and PPA4 currently exist. At least 19 California gnatcatchers have been recorded from this PPA, and it is likely that other target coastal sage scrub species (i.e., southern California rufous-crowned sparrow, orange-throated whiptail, San Diego horried lizard) are present as well. The sage scrub and chaparral provide potential habitat for California aldolphia, northwestern San Diego pocket mouse, Dulzura California pocket mouse, mule deer, California mastiff bat, and Townsend's western big- eared bat. Riparian scrub and woodland in the area also represents potential habitat for San Diego sagewort, least Bell's vireo, southwestern willow flycatcher. Cooper's hawk, and Harbison's dun skipper. As in PPA7, the grassland represents potential raptor foraging habitat and burrowing owl nesting habitat. The southern maritime chaparral supports large populations of Del Mar manzanita, wart-stemmed ceanothus, and summer holly, and other sensitive species such as ashy spike-moss. Native grasslands support two sensitive plant species, San Diego thorn-mint and thread-leaved brodiaea. Final 6-95 55 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP Northwest contains approximately 40 percent of the sage scrub, 70 percent of the chaparral, more than 50 percent of the grassland, and all of the riparian scrub and woodland habitat in the PPA. Compared with PPAS as a whole, Northwest contains a higher proportion of riparian scrub and woodland habitat. 2. MHCP Context The mapping and GIS data base for the North County MHCP indicate that the sage scrub in the HMP PPAs constitutes less than 3 percent of 108,032 acres in the MHCP subregion, the grasslands constitute less than 2 percent of 84,940 acres in the subregion, and the chaparral constitutes less than 1 percent of the 156,253 acres in the subregion (Table 8). In addition, preliminary results of a habitat evaluation of lands within the MHCP study area largely confirm the results of the HMP analysis. Approximately 10,100 acres within the City are shown to have low to very high conservation values and the acres in question closely correspond to the 9,700+ acres within PPAs. Carlsbad's 10,141 acres of habitat constitute about 2 percent of the 422,776 acres In the MHCP study area, and Carlsbad's 7,225 acres of "very high" rated habitat constitute about 4 percent of 186,346 acres with that same rating {Table 9 and Figures 13 and 14). Combined, the two plan area components represent 0.5 percent of the rated habitats (422,776 acres) in the MHCP study area, and, as previously noted, about 30 percent of the habitats in Carlsbad. If al I 1,940.2 acres were treated as "very high" rated, they would constitute 1 percent of that category in the MHCP study area and 27 percent of that category in the City. In reality, the plan area components are a combination of very high to low value habitats (see Figure 14). Table 8 Comparison of MHCP Study Area, Carlsbad, and Plan Area Habitat Estimates (acres) MHCP Total Total RarKheros- Habitat Type Study in in All 7 Southeast Northwest Area City PPAs II Coastal Sage Scrub 108,032 3,377 2,645 832.2 123.0 Chapan-al 156,253 2,024 1,555 189.2 120.0 Grassland 84,940 2,469 1,571 76.6 255.0 Riparian Scrub/Woodland 25,447 621 535 16.6 97.0 Eucalyptus Woodland 2,306 302 102 1.0 5.5 Subtotal 376,978 8,793 6,408 nT5.6 600.5 All Other 281,137 16,124 3,300 162.6 61.5 TOTAL 422,877 24,917 9,708 1,278.2 662.0 56 Final 6-95 Car/sfaad^FLCA HCP/OMSP 3. Resource Inventory and Habitat Evaluation Table 9 Results of MHCP Habitat Evaluation (acres) MHCP Participant Results of Natural Open Space Ranking Other Lands TOTAL MHCP Participant Very High High Moderate Low Total Other Lands TOTAL Carlsbad 7,225 1,516 1,015 385 10,141 14,776 24,917 Del Mar 163 66 11 1 241 893 1,134 Encinitas 2,477 417 141 74 3,109 8,373 11,482 Escondido 2,298 1,558 2,314 1,137 7,307 15,585 22,892 Oceanslde 3,011 1,330 1,107 247 5,695 21,337 27,032 Poway 5,755 1,969 3,869 1,972 13,565 11,446 25,011 San Diego* 4,677 2,5.91 1,709 451 9,428 6,950 16,378 San Marcos 2,087 1,134 1,112 1,405 5,738 9,340 15,078 Solana Beach 74 24 5 0 103 2,043 2,146 Vista 511 162 427 497 1,597 9,947 11,544 Unincorporated' 158,068 78,820 ,64,218 64,746 365,852 134,649 500,501 TOTAL 186,346 89,587 75,928 70,915 422,776 235,339 658,115 Includes only those lands within MHCP study area. Final 6-95 57 3. Resource Inventory and Habitat Evaluation Carlsbad-FLCA HCP/OMSP m Ml m m m 58 Final 6-95 m • Voiy High (Vaiv High KOiu in UM Qiuilcalclwi. Ta>g«l. diid Habitat Valua IndaA Modali aiid tha Polatitial WiUlila Coindoial • High (Higlt acofas in tha Gnalcalcliaf. Taigat. and Habitat Valua Indaa Modala. and G<i4dan Eagia Nasi Silaal Modaiata IModaiala ranka in tha Gnalcalchar and Habitat Valua Indax motlela) low ILuw lanka in tha Gnali:atchai and Habitat Va»ua Inda. modalal Oavalopad/Oialuibad/Agocultuia HABITAT EVALUATION MODELS COMPOSITE MODEL RESULTS Prepared By: Hofman Planning Associates - Base Map Source: SANDAG Figure 13 . MSHCP Habitat Evaluation Map for North County cn CO Carlsbad-FLCA HCP/OMSP 4. Habitat Conser/ation Strategy and Impact Analysis 4. Habitat Conservation Strategy and Impact Analysis This chapter describes the habitat conservation strategy that underlies the primary conservation and mitigation measures proposed in the plan. It explains the factors that were considered in delineating conserved habitat within the plan area and examines the expected effects on species of concern. For purposes of the impact analysis, all species of concern were treated as listed species. "Take" as defined in the ESAs was calculated primarily based on the occurrence of habitat for each species in areas designated for development. All habitat suitable for a species of concern was assumed to be occupied by that species, and all habitat not designated as being conserved was treated as "taken." Also in accordance with ESA and NCCP requirements, alternatives to the taking were considered. A. Configuration of Conserved Habitat The configuration of conserved habitat within the plan area achieves six goals: 1. Linkages to other significant habitat areas are maintained; 2. Conserved habitat is buffered from existing and anticipated development; 3. The conserved habitat values are representative of the regional and local ecosystem; 4. The exclusion of areas from conserved habitat will not pose jeopardy to listed and other species of concern; 5. Preservation of key species in each plan area component is maximized; and 6. The City, FLCA, and other are provided with certainty regarding which areas will be permanently conserved and which will not. A total of 645.1 acres was identified for permanent onsite conservation: 521.41 acres within Rancheros-Southeast II and 123.69 acres in Northwest as conserved habitat (Table 10). In addition, up to 240 acres of sage scrub will be conserved in offsite locations, bringing the total amount of habitat conserved under the plan to 885.1 acres. The specific configuration of conserved habitat within the plan area and the proposal for offsite acquisitions were developed in coordination with the USFWS, CDFG, local conservation groups, and City staff. Onsite conservation also was weighted based on existing habitat values, with priority given to the gnatcatcher and other sage scrub vertebrates on Rancheros-Southeast It and to sensitive plants on Northwest. Key considerations in the planning process are summarized below. Final 6-95 63 4. Habitat Conser/ation Strategy and Impact Analysis Carlsbad-FLCA HCP/OMSP Table 10 Conserved Habitat in the Plan Area Components (acres) Habitat Rancheros-Southeast II Northwest Plan Area Type Rancheros San Marcos Creek Southeast II ToUl ToUl Coastal sage scrub 144.81 79.40 202.46 426.67 21.36 448.03 Southem mixed chaparral 15.73 0.00 20.04 35.77 1.06 36.83 Southem maritime chaparral 0.00 0.00 0.00 0.00 28.90 28.90 Grassland 0.00 0.00 19.20 19.20 33.30 52.50 Riparian scrub/woodland 0.98 5.60 3.07 9.65 34.91 44.56 Disturbed habitat 0.00 0.00 30.12 30.12 4.16 34.28 TOTAL 161.52 85.00 274.89 521.41 123.69 645.10 1. Rancheros-Southeast 11 Conserved habitat in Rancheros-Southeast II includes 521.41 acres that will function as a local multiple species reserve and regional habitat linkage. The proposed configuration: • Preserves 426.67 acres of coastal sage scrub (51 percent of the 832.2 acres in the plan area component) and 18 gnatcatcher use areas; • Maintains two primary habitat linkages with the larger regional ecosystem, one across Southeast II and one along San Marcos Creek; and • Concentrates future land uses adjacent to existing development and in relation to the ultimate alignment of Rancho Santa Fe Road. a. Southeast II Five primary considerations affected the configuration of conserved habitat in the Southeast II segment: 1. Southeast ll's critical location as the City's link to the regional ecosystem, 2. The quality of the sage scrub and number of gnatcatchers found onsite, 3. Existing habitat linkages with San Marcos Creek and Rancheros; 4. The bisection of the area by Rancho Santa Fe Road; and 5. The landscape changes that would accompany the approved realignment of the roadway. Priority was given to conserving sage scrub occupied by resident gnatcatcher pairs in areas that also would preserve the habitat linkages within and leading out of Southeast II. 64 Final 6-95 IM Carlsbad-FLCA HCP/OMSP 4. Habitat Consen/ation Strategy and Impaa Analysis mk ^ As shown on Figures 15 and 16, the proposed configuration within Southeast II preserves a corridor that is 1,000 feet wide at its narrowest point and widens to ^ approximately 1,800 feet at the eastern end where it crosses Rancho Santa Fe Road. Approximately 74 acres within the corridor is native and non-native habitat, including 47.2 acres of existing sage scrub. As shown on Figure 16, the corridor retains all of the use areas of three gnatcatcher pairs (numbers 9, 11, *" and 12) and most of the use areas of two other pairs (numbers 15 and 18). The Ml corridor also retains existing linkages with designated conserved habitat in San Marcos Creek and Rancheros and linkages to natural open space outside the plan area. b, San Marcos Creek •n ^ Conserved habitat along San Marcos Creek preserves a second linkage with the regional ecosystem, ensures connectivity between conserved habitat in ^ Southeast tl and Rancheros, and includes non-sage scrub habitats and species in the "micro-ecosystem" captured by the configuration. Sensitive species in the conserved habitat include sticky-leaved liveforever, spiny rush, San Diego marsh elder, yellow warbler, yellow-breasted chat and others. The conserved area ^ forms a corridor that is in excess of 1,(X)0 feet wide until it reaches the Rancho Ml Santa Fe Road crossing and enters the City of San Marcos. Additionally, there are at least 70 feet of vertical separation between the creek bottom and the road IH crossing. This design maximizes the contiguity of the open, space and minimizes the overall edge effect of the proposed configuration. MM c. Rancheros The primary consideration in RancKeros was the need to reconcile conservation and land use priorities for lands with high biological and development value. As originally proposed in the La Costa Master Plan, Rancheros was designated for ii large lot ranchette-style residential development. This concept was replanned in the context of the HCP/OMSP to cluster new housing near existing P development on the western and northern borders and on the upper terraces of gl the site. As a result, the highest density occupied gnatcatcher habitat was preserved onsite. Priority also was given to minimizing edge effects and MM conserving two-thirds of the gnatcatcher pairs onsite (10 of 15). The resulting configuration preserves a contiguous band of primarily sage scrub habitat that adjoins San Marcos Creek and is over 0.5-mile wide. 2 2. Northwest Conserved habitat in Northwest includes 123.69 acres selected to preserve plant species of concern and maintain connectivity through the site. Four primary considerations affected the design of conserved habitat: 3 1. The presence and relative abundance of rare plants associated with native grassland (thread-leaved brodiaea. Palmer's grapplinghook) and southern maritime chaparral (Del Mar manzanita, summer holly, wart-stemmed m ceanothus, Nuttall's scrub oak); II Final 6-95 65 LEGEND CONSERVED HABITAT EXISTING ROADWAY FUTURE ROADWAY Prepared By: Hofman Planning Associates UTS Figure 15 . Schematic of Conserved Habits on Rancheros - Southeast ] 66 1-5-94 •irrn I Car/sbad^FlCA HCP/OMSP 4. Habitat Consen.at/on Strategy and impact Analysis 2 The relatively fragmented nature of the sage scrub (by comparison with Rancheros-Southeast II) but high number of gnatcatchers; 3. The bifurcation of the natural habitats by the La Costa Golf Course; and 4. The existing albeit narrow habitat linkages with natural open space to the northeast and to Rancheros to the southeast. Following a consideration of each of these factors, two interrelated decisions were made: onsite conservation would focus on sensitive plants and would be supplemented by offsite acquisitions of coastal sage scrub. a. Onsite Conservation As proposed, the onsite conserved habitat preserves a majority of the sensitive plant species and provides connections to and through the s.te from south to north and to the east (Figures 17 and 18). Sensitive plant ^pec-es consen.^ include 795 Del mar manzanita individuals and approximate y 5,800 hread- leaved brodiaea individuals. Additionally, onsite restoration of about 11 acres of sage scrub is proposed for a portion of conserved hal^t that mtersects a utility easement which currently serves as a narrow wildlife corridor. The restoration will provide a "stepping stone" of habitat for dispersing and breeding bird species of concem (including the gnatcatcher) as well as cover for dispersing predators such as coyotes. b. Offsite Conservation Offsite conservation will be used to provide replacement habitat for the sage scrub that ultimately will be removed from Northwest and to bolster the regional linkages conserved under the plan. It also will mc.dentally benefit other species of concern. Up to 240 acres of coastal sage scrub occupied by gnatcatchers or otherwise acceptable to USFWS and CDFG will be acquired by FLCA, with at least 120 acres in locations that will strengthen the habitat linkage between Southeast II and the regional coastal sage scrub community that extends into the San Dieguito and San Pasqual River Valley. No specific locations have been proposed for acquisition at this time. Z B. Impact Analysis « In connection with designating onsite conserved habitat, the City and FLCA considered the effects on species of concem likely to result from conserving * some areas of habitat and allowing development to proceed in others. As noted all species of concem were treated as listed species, and all suitable (habitat for each species was considered "taken" if not designated as conserved habitat This approach was used to ensure that habitat impacts were not underestimated, to fulfill ESA requirements that "take" of species be estimated, m and to help identify appropriate impact minimization and mitigation measures. ^ Also in accordance with the ESA and NCCP Guidelines, altematives to the taking were considered. Final 6-95 69 EXISKNG GO] :OURS] LEGEND CONSERVED HABITAT EXISTING ROADWAY FUTURE ROADWAY Prepared By: Hofman Planning Associates Figure 17 ALGA tm Schematic of Conserved Habijaf on Northwlsl 10-18-93 Carlsbad-FLCA HCP/OMSP 4. Habitat Conservation Strategy and Impact Analysis 1. Impacts to Species of Concern Anticipated impacts to species of concem are summarized in Tables 11 and 12, primarily in terms of habitat conserved and habitat assumed taken. Table 11 summarizes potential onsite impacts by primary habitat associations of the species of concern; it also includes a calculation of total conserved habitat that assumes offsite conservation of 240 acres of sage scrub. Table 12 summarizes impacts by individual species and plan area component; additional information on potential effects to individual species is included in Appendix B. In addition to the habitat-based impacts, the following points can be noted regarding the species given priority during the planning process: • Up to 18 pair of coastal California gnatcathers and a significant portion of habitat suitable for the orange-throated whiptail and San Diego homed lizard will be conserved onsite in Rancheros-Southeast II; these sage scrub species also will benefit from the offsite conservation. • At least 795 Del Mar manzanita individuals and approximately 5,800 thread-leaved brodiaea individuals will be conserved on Northwest, and all of the sticky-leaved liveforever will be conserved in the San Marcos Creek corridor; and • Riparian species such as southwestern spiny rush, San Diego marsh elder, yellow-breasted chat, yellow warbler, and least Bell's vireo will benefit from onsite conservation of 95 + percent of the riparian habitats. Table 11 Habitat Conserved and Assumed '*Taken" by Primary Habitat Associations of the Species of Concern (acres) m Primary Habitat Associations of Total in Conserved Assumed Taken Onsite Conserved Onsite and Offsite m the Species of Concem Plan Area Onsite Assumed Taken Onsite Conserved Onsite and Offsite Sage scrub 955.2 448.0 507.2 688.0 Chaparral 315.2 65.3 249.9 65.3 m Grassland 306.6 52.5 254.1 52.5 Riparian scrub^woodland (and 6.5 ac. Eucalyptus) 120.1 44.6 75.5 44.6 m Disturbed habitat 191.9 34.3 157.6 34.3 Sage scrub and chaparral 1,270.4 513.3 757.1 753.3 Sage scrub and grassland 1,261.8 500.5 761.3 740.5 Sage scrub and riparian 1,075.3 492.6 582.7 732.6 UN Chaparral and riparian 435.3 109.9 325.4 109.0 •» Grassland and disturbed 507.1 86.8 420.3 86.8 Grassland and riparian 426.7 97.1 329.6 97.1 WW Sage scrub, grassland, and riparian 1,381.9 545.1 836.8 785.1 Sage scrub, chaparral, riparian, and disturbed 1,582.4 592.2 990.2 832.2 flu Sage Scrub, chaparral, grassland, and riparian 1,697.1 610.4 1,086.7 850.4 m-Sage Scrub, grassland, chaparral, and disturbed 1,768-9 600.1 1,168.8 840.1 Final 6-95 73 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP Table 12 Anticipated Impacts of Conservation Strategy on Species of Concern ID # Species Name and Listing Status Rancheros-Southeast II Northwest ID # Species Name and Listing Status Conserved Onsite Assumed Taken Conserved Onsite Assumed A-1 Ashy spike-moss Selaginella cinerascens CNPS4 460 acres 560 acres 50 acres 200 acres A-2 Califomia adder's-tongue Ophioglossum californicum C3c, CNPS4 100 individuals None NA NA A-3 Califomia adophia Adolphia califomica CNPS2, NCCP, OSS 2,400 individuals 4,100 Individuals 700 individuals 2,800 individuals . A-4 Del Mar maruanita Araostaphylos glandulosa ssp. crassifolia FPE*, CNPS1B,T NA NA 795 individuals 261 individuals A-5 Engelmann oak Quercus engelmannii CNPS4, OSS NA NA None 1 tree A-6 Nuttall's scrub oak Quercus dumosa CNPSIB, OSS 35 acres 150 acres 640. individuals 710 individuals A-7 Orcutt's brodiaea Brodiaea orcuttii C2*, CNPSIB, T None 10 individuals NA NA A-8 Palmer's grapplinghook Harpagonella palmeri CNPS2, OSS NA NA 3,500 individuals 3,775 individuals A-9 San Oiego County viguiera Viguiera laciniata CNPS4, NCCP 75 individuals None. NA NA A-10 San Diego golden star Muilla clevelandii C2*, CNPSIB, T 400 individuals 1,550 individuals NA NA A-n San Diego marsh elder Iva hayesiana C2, CNPS2, NCCP, OSS Almost all <100 individuals NA NA A-12 Southwestem spiny rush junaus actus var. leopoldii CNPS4, OSS 590 individuals None 45 individuals 100 individuals A-13 Sticky-leaved liveforever Dudleya viscida Cl *, CNPSl B, NCCP, OSS All None NA NA A-14 Summer holly Comarostaphylis diversifolia ssp. diversifolia C2, CNPSIB, T NA NA 460 individuals 635 individuals A-15 Thread-leaved brodiaea Brodiaea filifolia Cl*, SE, CNPSIB, T NA NA 5,800 individuals 1,190 individuals A-16 Wart-stemmed ceanothus Ceanothus verrucosus C2, CNPS2, T NA NA 155 individuals None 74 Final 6-95 Car/sbad-fiCA HCP/OMSP 4. Habitat Conservation Strategy and Impaa Analysis Benefit from Offsite Conservation Potential Benefits/Other Considerations Potential Impact Minimization and Mitigation Measures Potentially At least 40 percent will be conserved onsite; species is still widespread. Would benefit from control of access and removal of exotic species. Not Likely Population on Rancheros-Southeast II will be preserved; species is still widespread. Would indirectly benefit from control of access and removal of exotic species. Potentially Preservation of 3,200 individuals will substantially add to species' long-term viability. Could be used in habitat restoration efforts. Not Likely Preserved population is one of larger populations in region. Would benefit from access control and removal of exotic species. Not Likely None; only one tree affected. Plan provides for pres«vation of other oak species. Potentially Approximately 30 percent of species' potential habitat is presen/ed. Would benefit from access control and removal of exotic species. Not Likely None; only two small populations (5 individuals each) are affected. Plan provides for preservation of other sensitive plants. Potentially Preserved population is one of larger populations in region. Would benefit from access control and removal of exotic species; could be used in habitat restoration efforts. Potentially. Alt of population on Rancheros-Southeast II will be preserved. None necessary; no take. Potentially None, except preservation of 400 indh/iduals. Would benefit from access control; preserved population is near development. Not Likely Laige population will be preserved rn San Marcos Creek. Could be used in wetland restoration. Not Likely Large population will be preserved in Rancheros-Southeast II. None necessary; no take. Potentially Large population will be preserved in San Marcos Creek. None necessary; no take. Not Likely Large population will t>e preserved in Northwest. Could be used in habitat restoration efforts. Not Likely A significant population in the southem end of the species' range will be preserved. Would benefit from access controls and removal of exotic species. Not Likely None. Not necessary; no take. Final 6-95 75 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP Table 12 (continued) Anticipated Impacts of Conservation Strategy on Species of Concern ID # Species Name and Listing Status Rancheros Northwest ID # Species Name and Listing Status Conserved Onstte Assumed Taken Conserved Onsite Assumed Taken A-17 Western dichondra Dichondra occidentalis C3c, CNPS4, NCCP, OSS 2 of 5 populations 3 of 5 populations NA NA A-18 Westem spadefoot toad Spea hammondii CSC, NCCP, T 480 acres 620 acres 85 acres 420 acres A-19 Coastal rosy boa Lichanura trivirgata rosafusca C2, CSC, NCCP, OSS 460 acres 560 acres 50 acres 200 acres A-20 Coastal westem whiptail Cnemidophorus tigris multiscutatus C2, CSC, NCCP, OSS 460 acres 560 acres 50 acres 200 acres A-21 Northem red diamond rattlesnake Crotalus ruber ruber C2, CSC, NCCP, OSS 460 acres 560 acres 50 acres 200 acres A-22 Orange-throated whiptail Cnemidophorus hyperythrus beldingi C2, CSC, NCCP, T 460 acres 560 acres 50 acres 200 acres A-23 San Diego homed lizard Phrynosoma coronatum blainvillei C2, CSC, NCCP, T 460 acres 560 acres 50 acres 200 acres A-24 Bell's sage sparrow Amphispiza belli belli C2, CSC, MBTA, NCCP, OSS 460 acres 560 acres 50 acres 200 acres A-25 Burrowing owl Speotyto cunicularia CSC, MBTA, T 20 acres 60 acres 35 acres 220 acres A-26 Coastal Califomia gnatcatcher Polioptila califomica califomica FT, CSC, MBTA, NCCP, T 425 acres Up to 18 pair 405 acres Up to 18 pair 20 acres None assumed 100 acres Up to 13 pair A-27 Cooper's hawk Accipiter cooperi CSC, MBTA, T 30 acres 65 acres 70 acres 280 acres A-28 Loggerhead shrike Lanius ludovicianus C2. CSC, MBTA, NCCP, OSS 480 acres 580 acres 60 acres 370 acres A-29 Northern harrier Circus cyaneus CSC, MBTA, T 450 acres (foraging habitat) 450 acres (foraging habitat) 55 acres (foraging habitat) 320 acres (foraging habitat) A-30 Southem Califomia rufous<rowned sparrow Aimophila ruficeps canescens C2, CSC, MBTA, NCCP, T 425 acres 405 acres 20 acres 100 acres A-31 Tricolored blackbird Age/a/us tricolor C2, CSC, MBTA, NCCP, T 10 acres <1 acre 35 acres <1 acre A-32 Yellow-breasted chat laeria virens CSC, MBTA, OSS 10 acres <1 acre 35 acres <1 acre 76 Pinsii 6-95 m Carlsbad-FLCA HCP/OMSP 4. Habitat Conservation Strategy and Impaa Analysis m Benefit from Offsite Conservation Potential Benefits/Other Considerations Potential Impact Minimization and Mitigation Measures Potentially Preserved population is not large but large area of potential habitat is protected. Would benefit from access c<»itrol and removal of exotic species. Potentially Lai^e area of potential breeding habitat is preserved. Would benefit from having potential breeding pools maintained. Potentially La^e area of potential habitat preserved. Would benefit from access controls. Potentially Large area of potential habitat preserved. Would benefit from access controls. Potentially Large area of potential habitat preserved. Would benefit from access controls. Potentially Large area of potential habitat preserved. Would benefit from access controls and predator management. Potentially Large area of potential habitat preserved. Would benefit from access controls and predator management. Potentially Large area of potential habitat presen/ed. Would benefit from removal of non-native species. Not as planned Measures for Northwest do not directly benefit this grassland species. Would benefit habitat conservation under HMP and MHCP. Yes Preservation of habitat linkage will help sustain viability of City's gnatcatcher populations. Would boiefit from access controls, predator controls, and fire management. Potentially Preserved habitat in San Marcos Creek will help sustain prey base for species. Would benefit from nest site protection during breeding season. Potentially Habitat and dispersal corridors used by species are preserved. Would benefit from access controls, control of non-native plants, and revegetation efforts. Potentially Indirectly benefited by preservation of potential foraging habitat. Would benefit from wetland enhancement. Potentially Large area of potential habitat preserved. Would benefit from access controls and control of non-native plants. Not Likely Some habitat preserved on Northwest. No direct impacts expected; only one transient bird observed onsite. Not Likely Potential habitat preserved. Would l>enefit from cowbird trapping, nest monitoring, and access control. Final 6-95 77 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP Table 12 (continued) Anticipated Impacts of Conservation Strategy on Species of Concern ID # Species Name and Listing Status Rancheros Northwest ID # Species Name and Listing Status Conserved Onsite Assumed Taken Conserved Onsite Assumed Taken A-33 Yellow warbler Dendroica petechia brewsteri CSC, MBTA, OSS 10 acres <1 acre 35 acres 60 acres A-34 Northwestem San Diego pocket mouse Chaetodipus fallax fallax C2, CSC, NCCP, T 510 acres 745 acres 90 acres 470 acres A-35 San Oiego black-tailed jackrabbit Lepus californicus bennettii C2, CSC, NCCP, OSS 480 acres 580 acres 60 acres 370 acres A-36 San Diego desert woodrat Neotoma lepida intermedia C2, CSC, OSS 460 acres 560 acres 50 acres 200 acres B-1 Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae CNPSIB, NCCP, OSS L L L L B-2 Cliff spurge Euphorbia misera CNPS2, NCCP, OSS L L L L B-3 Coast barrel cactus ferocactus viridescens Cl', CNPS2, NCCP, OSS NE NE NE NE B-4 Del Mar sand aster Coret/ifogyne filaginifolia var. linfolia FPT, CNPSIB, NCCP, T NE NE NE NE B-5 Encinitas baccharis Bacchant vanessae FPE", SE, CNPSIB, T NE NE L L B-6 Orcutt's hazardia Hazardia orcuttii Cl, CNPSIB NE NE NE NE B-7 Orcutt's spineflower Chorizanthe orcuttiana FPE*, SE, CNPSIB, NCCP NE NE L L B-8 San Diego ambrosia Ambrosia pumila C2*, CNPSIB, NCCP NE NE NE NE B-9 San Diego sagewort Artemisia palmeri CNPS2, NCCP, OSS L L M M B-10 San Diego thommint Acanthomintha ilicifolia Cl*, SE, CNPSIB, NCCP,T L L L L B-11 Harbison's dun skipper Euphyes vestris harbinsoni C2,T 10 acres <1 acre 35 acres <1 acre B-12 Hermes copper Lycaena hermes C2*, OSS 465 acres 180 acres 50 acres 200 acres 78 Final 6-95 Carlsbad-FLCA HCP/OMSP 4. Habitat Conservation Strategy and Impaa Analysis m m m m m m Benefit from Offsite Conservation Potential Benefits/Other Considerations Potential Impact Minimization and Mitigation Measures Not Likely Potential habitat preserved. Would benefit from cowbird trapping, nest monitoring, and access controls. Potentially Large area of potential habitat preserved. Would benefit from predator controls. Potentially Large area of potential habitat preserved. Would benefit from predator controls. Potentially Large area of potential habitat preserved. Would benefit from predator controls. Not Likely Low potential for occurrence. No take expected. Not Likely Low potential for occurrence. No take expected. Not Likely Not expected to occur. No take expected. Not Likely Not expected to occur. No take expected. Not Likely Not expected to occur. No take expected. Not Likely Not expected to occur. No take expected. Not Likely Low potential for occurrence in Northwest. No take expected. Not Likely Not expected to occur. No take expected. Potentially Low to moderate possibility of occurring; potential habitat preserved. No take currently expected. Not Likely Low potential for occurrence. No take currently expected. Not Likely Pot»itial habitat preserved. No take expected. Potentially Potential habitat preserved. No take expected. m Final 6-95 79 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP Table 12 (continued) Anticipated Impacts of Conservation Strategy on Species of Concern ID # Species Name and Listing Status Rancheros Northwest ID # Species Name and Listing Status Conserved Onsite Assumed Taken Conserved Onsite Assumed Taken B-13 Quino checkerspot Euphydryas editha quino C1-, OSS NE NE NE NE B-14 Califomia red-legged frog Rana aurora draytonii FPE. CSC, OSS NE NE NE NE B-15 Coast patch-nosed snake Salvadora hexalepis virgultea C2, CSC, NCCP, OSS 465 acres 160 acres 50 acres 200 acres B-16 Coronado skink Eumeces skiltonianus interparietalis C2, CSC, NCCK OSS 495 acres 620 acres 90 acres 510 acres B-17 San Diego banded gecko Coleonyx variegatus abbotti C2, CSC, NCCP, OSS 465 acres 180 acres 50 acres 200 acres B-18 San Diego ringneck snake Diadophis punctatus similis C2, CSC, OSS 495 acres 620 acres 90 acres 510 acres B-19 Silvery legless lizard Anniella nigra argentea CSC, OSS 45 acres 160 acres 65 acres 155 acres B-20 Southwestem pond turtle Clemmys marmorata pallida Cl*, CSC, NCCP, OSS 10 acres <1 acre 35 acres < 1 acre B-21 Two-striped garter snake Thamnophis hammondii C2, CSC, OSS 10 acres <1 acre 35 acres <1 acre B-22 Califomia homed lark Eremophila alpestris actia C2, CSC, MBTA, NCCP, OSS 20 acres 55 acres 35 acres 220 acres B-23 Least Bell's vireo Vireo bellii pusillus FE, SE, MBTA, T 10 acres <1 acre 35 acres <1 acre B-24 San Diego cactus wren Campylorhyndius brunneicapillus couesi C2, CSC, NCCP, T 425 acres 405 acres 20 acres 100 acres B-25 Southwestem willow flycatcher Empidonax traillii extimus FPE, SE, FSS, MBTA, T 10 acres <1 acre 35 acres <1 acre B-26 Califomia mastiff bat Eumops perotis californicus C2, CSC, T 45 acres (foraging habitat) 160 acres (foraging habitat) 65 acres (foraging habitat) 165 acres (foraging habitat) B-27 Dulzura Califomia pocket mouse Chaetodipus californicus femoralis C2, CSC, T 65 acres 280 acres 35 acres 145 acres B-28 Pacific pocket mouse Perognathus longimembris pacificus FEE, CSC, NCCP, OSS NE NE NE NE 80 Final 6-95 Car/5bad^tCA HCP/OMSP 4. Hab/tat Conservat/on Strategy and Impaa Analysis mm m Benefit from Offsite ConservaticHi Potential Benefits/Other Considerations Potential Impact Minimization and Mitigation Measures mm Potentially Not expected to occur. No take expected. • Not Likely Not expected to occur. No take expected. •1 Potentially Potential habitat preserved. If present, would benefit from access controls. -Potentially Potential habitat preserved. If present, would benefit from access controls. Mt Potoitially Potential habitat preserved. If present, would benefit from access controls. wm m Potentially Potential habitat preserved. If present, would benefit from access controls. -Not Likely Potential habitat preserved. If present, would benefit from predator controls. m Not Likely Potential habitat in San Marcos Creek preserved. No take expected. wm Not Likely Potential habitat preserved. If present, would benefit from access controls and control of non-native plants. -Not Likely Potential foraging habitat preserved. No take expected. mm m Potentially Potential nesting and foraging habitat preserved. If present, would benefit from cowbird trapping and access controls. mm Potentially Potential habitat preserved. Would benefit from use of cacti and other succulents in fuel modification zones and as access controls. m Not Likely Alt potential habitat presen/ed. If present, would benefit from cowbird trapping and access controls. m m Potentially Potential foraging habitat preserved. No take expeaed. m Not Likely Potential habitat preserved. If present, would benefit from predator controls and access controls. mm m Potentially Not expected to occur in plan area. No take expected. mm mm Final 6-95 81 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP Table 12 (continued) Anticipated Impacts of Conservation Strategy on Species of Concern ID Species Name Rancheros Northwest # and Listing Status Conserved Onsite Assumed Taken Conserved Onsite Assumed Taken B-29 Southem grasshopper mouse Onychomys torridus ramona C2, CSC, NCCP, OSS 450 acres 450 acres 55 acres 320 acres B-30 Townsend's westem big-eared bat Plecotus townsendii townsendii C2, CSC, T 45 acres (foraging habitat) 160 acres (foraging habitat) 65 acres (foraging habitat) 165 acres (foraging habitat) ID Codes A- B- Species observed or assumed to occur in one or both plan area components Species potentially occurring in habitats in one or both plan area components Occurrence Codes L Low Probability of Occurrence M Moderate Probability of Occurrence NA Not Applicable NE Not Expected (or Observed) 82 Final 6-95 Ml Carlsbad-FLCA HCP/OMSP 4. Habitat Conservation Strategy and Impaa Analysis Benefit from Offsite Conservation Potential Benefits/Other Considerations Potential Impact Minimization and Mitigation Measures Potentially Potential habitat preserved. If presOTt, would benefit from access and predator controls. Not Likely Potential foraging habitat preserved. No take expected. Status Codes Cl Category 1 candidate for federal listing C2 Category 2 candidate for federal listing C3c Category 3c candidate for federal listing CNPS Listed by the Califomia Native Plant Society as: (1B) rare or endangered in Califomia and elsewhere (2) rare or endangered in Califomia and more common elsewhere (4) plants of limited distribution CSC Identified by CDFG as a species of special concem in Califomia FE . Listed as endangered under the federal ESA FEE Emergency listed as endangered under the federal ESA FPE Proposed for federal listing as endangered FPT Proposed for federal listing as threatened FSS Identified by federal agencies as a sensitive species FT Listed as threatened under the federal ESA MBTA Protected by the Migratory Bird Treaty Act NCCP On the list of sensitive species for the NCCP program OSS "Other Sensitive Species" identified in draft Carlsbad HMP ST Listed as threatened under the Califomia ESA T Target species for Carisbad HMP and North County MHCP HI Final 6-95 83 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP 2. Alternatives to the Taking In addition to examining potential impacts, six altematives to the anticipated taking were considered: Complete avoidance of take of listed species; No take of coastal California gnatcatchers; Take only within the Rancho Santa Fe Road project area; Delay of take in the plan area pending completion of the HMP; An offsite mitigation strategy with unlimited take in the plan area; and Reconfiguration of onsite conserved habitat and development areas. a. Complete Avoidance of Take Under this alternative, all development within the plan area would be planned to completely avoid take of listed species. The HCP/OMSP would not be submitted to USFWS and CDFG for approval and would not be implemented by FLCA and the City. Individual projects within the two plan area components, including mitigation for impacts to biological resources, would be planned, reviewed, and approved in accordance with the local, state, and federal law^ in effect at the time. Conservation of plants and wildlife in the plan area would be determined in the context of existing laws and, upon its completion, the Carlsbad HMP. This alternative was rejected as counter to the intent of the MOAs signed in July and August 1991, the preliminary consensus reached in May 1992, the federal ESA and state NCCP program, and the citywide HMP planning process. In addition, by failing to address the likelihood that additional species known to occur in the plan area will be listed in the foreseeable future, the "no project" alternative also fails to address the economic uncertainties that could render both private development and public works infeasible. b. Take Only within Road Project Area Under the "road project only" alternative, the HCP/OMSP would focus solely on mitigation for the impacts of the Rancho Santa Fe Road realignment and adjacent grading project. Land uses that would affect biological resources in San Marcos Creek, Rancheros, and Northwest would be planned, reviewed, and approved in accordance with local, state, and federal laws in effect at the time. This alternative was the focus of initial planning efforts for this plan. It was explicitly rejected by the HCP Facilitation Team because of (1) the obvious links between habitats in the road project area, San Marcos Creek, and Rancheros; (2) FLCA's willingness to include three components of the La Costa Master Plan in an planning process; and (3) the need for greater flexibility (via a larger plan area) in balancing conservation and development within the constraints of the City's GMP. 84 Final 6-95 Carlsbad-FLCA HCP/OMSP 4. Habitat Conservation Strategy and Impaa Analysis c. No Take of Gnatcatchers Under this alternative, all proposed land uses in the plan area, including the road project, would be reconfigured to avoid take of coastal Califomia gnatcatchers due to direct and indirect impacts. This approach was originally proposed in anticipation of the federal listing of the gnatcatcher as a way to comply with the federal ESA without requiring preparation of an HCP. It also was proposed as a way to maximize the conservation of coastal sage scrub habitat in the plan area. The alternative was eliminated from further consideration because, given the distribution of habitat and birds, take could not be completely avoided without precluding all of the land uses currently proposed for the plan area and authorized under the City's existing General Plan and GMP. The elimination of development impacts in the plan area would have to assume acquisition of the property or the development rights to it. Such acquisitions are not within the City's current or foreseeable financial capabilities. Likewise, dedication of all or part of the lands without the ability to develop elsewhere is financially infeasible for FLCA. d. Delay of Take Pending Completion of the HMP Under this alternative, take in the plan area would not be allowed until the citywide HMP is completed. This approach would delay but not avoid the development impacts identified in this plan, tt was eliminated from further consideration primarily because it would also delay implementation of conservation measures proposed in this HCP/OMSP and thereby preclude any immediate benefits that those measures would provide to individual species. In addition, the HCP/OMSP is specifically designed to provide an opportunity for early implementation of conservation measures in two of the preserve planning areas identified in the HMP. Further, the HCP/OMSP is consistent with the HMP and stregthens it by preserving habitat, species, and wildlife corridors in key locations. e. Offsite Mitigation for Unlimited Plan Area Take Under this alternative, a higher level of take in both plan area components would be proposed and offsite lands would be the primary focus of the conservation and mitigation measures. Onsite measures would concentrate on minimization of development impacts, and replacement habitat would be acquired offsite and established as a permanent preserve. A version of this alternative also was considered prior to the preliminary consensus on the basic terms of the strategy in this plan, in which occupied habitat in San Pasqual Valley was identified as mitigation for impacts within Southeast II. This approach was eliminated from further consideration primarily because, given the pattern of habitat and land ownership in the City and region, the offsite reserve would likely be located outside the urban area where coastal sage scrub is most at risk. In addition, although an offsite preserve would have benefits for the gnatcatcher and other species, it would not have the same • natural open space function and local conservation value as a strategy focused on the plan area components. It also would not provide the connectivity proposed in the HCP/OMSP. Final 6-95 85 4. Habitat Conservation Strategy and Impaa Analysis Carlsbad-FLCA HCP/OMSP /. Reconfiguration of Onsite Conserved Habitat and Development Areas During the preparation and review of the HCP/OMSP, a variety of alternative onsite configurations of the conserved habitat and development areas were considered. This was in keeping with the requirement that impacts must be minimized and mitigated to the maximum extent practicable and that the HCP/OMSP not prejudice subregional NCCP planning efforts. Generally, alternatives considered included the downsizing and relocation of major arterial roadways, density transfers, dwelling unit losses, and boundary reconfigurations to permit increases in conserved habitat. Among other factors, the financial costs and feasibility of these alternatives were considered. It was determined that further dedications and revisions by the landowner were not financially practicable. m^^ Final 6-95 I Carlsbad-FLCA HCP/OMSP 5. Conservation Program and Mitigation Measures 5. Conservation Program and Mitigation Measures This chapter describes the actions that the City and FLCA will undertake in coordination with USFWS and CDFG in order to: • Conserve 645.1 acres of habitat in the plan area and up to an additional 240 acres in offsite locations; • Provide for ongoing management of the conserved habitat; • Minimize and mitigate the impacts expected in the plan area; and • Ensure implementation of the plan and secure long-term (30-year) authorizations and assurances for projects and activities in the plan area. A. Habitat Conservation Implementation of the HCP/OMSP will conserve up to 885.1 acres of habitat for the species of concern: 645.1 acres within Rancheros-Southeast II and Northwest and up to 240 acres in offsite locations to be selected in consultation with USFWS and CDFG. 1. Onsite Conservation Onsite conservation will occur within Rancheros-Southeast II and Northwest as shown on Figures 16 and 18 (see pages 67 and 71) and as described in the implementing agreement that accompanies this plan. In Rancheros-Southeast II, conserved habitat consists of 521.41 acres as shown on Figure 16: • 161.52 acres in Rancheros, • 85.0 acres in San Marcos Creek, and • 274.89 acres in Southeast II. In Northwest, conserved habitat consists of 123.69 acres as shown on Figure 18. All of the designated areas of conserved habitat are lands owned by FLCA; inholdings shown on Figures 16 and 18 are not included in conserved habitat and are not covered by the authorizations and assurances that the City and FLCA are seeking based on this plan. Final 6-95 87 « 5. Conservation Program and Mitigation Measures Carlsbad-FLCA HCP/OMSP 2. Offsite Conservation Offsite conservation will occur in conjunction with development within Northwest and will consist of acquisition by FLCA of up to 240 acres of coastal sage scrub in locations, acceptable to USFWS and CDFG. As proposed in this HCP/OMSP, at least 120 acres of the replacement habitat will be in locations that strengthen the habitat linkage between Rancheros-Southeast II and regional coastal sage scrub community that extends into the San Dieguito and San Pasqual River Valley. Areas proposed as replacement habitat will be reviewed oh a case-by^ase basis with USFWS and CDFG and, once acquired, will be managed as conserved habitat. Criteria for acceptable sites will be developed by USFWS and CDFG working in cooperation with the City and FLCA. 3, Ownership of Conserved Habitat In accordance with state guidelines for 2081 agreements (see Appendix A), FLCA will provide an irrevocable offer to convey fee interest or a conservation easement for conserved habitat in the plan area to a conservancy established or designated for purposes of the Carlsbad HMP, to CDFG, or to another entity approved by USFWS and CDFG. Conservation easements or fee interest also will be conveyed for the offsite mitigation lands. B. Habitat Management Two types of habitat management will be provided under the plan: Interim management of conserved habitat by FLCA; and • Long-term, ongoing management of conserved habitat by an entity designated for that purpose under the terms of this HCP/OMSP, the HMP, or North County MHCP. It is anticipated that the entity responsible for long-term management of conserved habitat and the entity to which the conservation easements or fee interest is conveyed will be a conservancy established for purposes of implementing the HMP. However, alternative arrangements also have been identified in the event that the HMP is sut^ntially delayed or not completed. Such alternatives include delegation of management responsibilities to CDFG, The Nature Conservancy, or (as a last resort) a homeowners association. The arrangement actually made will be subject to USFWS and CDFG concurrence. 1. Interim Habitat Management FLCA will be responsible for management of conserved habitat until fee interest is conveyed or FLCA delegates its management responsibilities to the HMP conservancy or an entity approved by the City, USFWS, and CDFG. Interim management activities will consist of: •IP m m m 88 Final 6-95 Carlsbad-FLCA HCP/OMSP 5. Conservation Program and Mitigation Measu • Maintaining existing access controls; • Clean-up of conserved habitat areas where unauthorized trash dumping has occurred; and • Implementation of project-specific impact minimization and mitigation measures for FLCA activities (see below). FLCA will prepare an interim management plan that describes the activities to be performed and, until fee interest is conveyed or the management responsibilities have been delegated, will provide annual updates to the plan as necessary. FLCA also will provide information on the implementation of interim management measures in the annual reports on overall plan implementation that will be prepared by FLCA and the City for USFWS and CDFG review (see "D. Plan Implementation"). 2. Ongoing Habitat Management Ongoing management of conserved habitat will be guided by annual plans prepared by the HMP conservancy or other designated entity in consultation with a management advisory committee. The committee will be composed of representatives of USFWS. CDFG^ the City^ FLCA, and the management entity or ^ititiesTSubject to the availability of funds through the HMP and other sources, long-term management would include the following types of activities. 1. Target species would be selected for monitoring, and highly sensitive species would be targeted for special management. 2. Opportunities for habitat restoration and enhancement within conserved habitat would be identified and ranked in order of priority. 3. Cowbird trapping and predator controls would be selectively applied in connection with special management measures for highly sensitive species. 4. The locations of non-native and exotic plants within and immediately adjacent to conserved habitat could be mapped and scheduled for removal, monitoring, and control. 5. A fire management program would be developed in consultation with the City Fire Marshall and the wildlife agencies to: (a) avoid a catastrophic fire within conserved habitet; (b) develop altematives for reducing fuel loads; (c) minimize impacts to conserved habitat from fire management programs for adjacent land uses; and (d) if controlled bums are required, develop "optimal" fire regimes for key species. 6. Access controls would be maintained and where necessary increased to limit access of people, vehicles, and domestic pets to conserved habitat and to preclude access to highly sensitive resources. Final 6-95 89 5. Coniervatfon Program and Mitigation Measures Carlsbad-FLCA HCP/OMSP 7. Public information materials and programs would be developed, including: (a) a brochure that describes the natural resources, areas of special interest, and prohibited activities within conserved habitat; (b) landscaping and fuel break planning brochure for homeowners and homeowner associations adjacent to conserved habitat, providing them with information about which plant species to use or avoid; (c) provided impacts are avoided or mitigated, inclusion of nature trails along or through portions of conserved habitat as part of the City's Master Trails Plan; and (d) identification of study areas within conserved habitat to be used for public education purposes. 3. Funding of Habitat Management Funding of interim management activities will be FLCA's responsibility. Funding of long-term management will be provided through the HMP by use of any funds available to the City for wildlife, acquisition, conservation, and management purposes, including but not limited to assessments, levies, and grants or other types of funding from public or private sources. As a last resort, a "conserved habitat maintenance charge" of $50.00 per residential unit per year would be assessed on each development unit within the plan area. C. Impact Minimization and Mitigation Measures In addition to the impact minimization acheived through preserve design, the HCP/OMPS provides for individual projects and activities to be planned and implemented in a way that further avoids, minimizes, and mitigates impacts to species of concern and conserved habitat. Such measures will include but not be limited to project-specific impact avoidance and minimization, impact phasing and project design, and supplemental mitigation measures. 1. Project-Specific Impact Avoidance and Minimization Ten project-specific impact avoidance and minimization measures will pertain to individual projects and activities that would affect conserved habitat. a. Nest Site Protection No clearing or grading operations will be allowed in habitat occupied by the gnatcatcher during its breeding season (February 15 to july 31). This measure also will protect other nesting species of concem. Prior to July 31, clearing may occur if it is determined that the birds have already successfully fiedged young, are no longer actively nesting, and the young have dispersed from the area. The presence of occupied habitat will be determined by a qualified biologist prior to February 15 of the year in which any clearing or grading would occur. Although no direa impacts to trees currently used for nesting by raptors are anticipated, if it is determined that raptors are nesting in any trees scheduled for removal, the trees will be avoided until after the nesting season. Additionally, where feasible, clearing activities within 200 feet of raptor nest sites will be avoided during the nesting season. 90 Final 6-95 Carlsbad-FLCA HCP/OMSP 5. Conservat/on Program and Mitigation Measures b. Controlled Access and Barriers Prior to commencement of clearing or grading activities, access barriers to conserved habitat will be established at key entry points. The boundaries of conserved habitat immediately adjacent to a grading area will be flagged by a biologist, and a fence will be installed to prevent disturbance by construction vehicles. This fencing may be removed upon completion of all construction activities and/or replacement with permanent fencing to protect conserved habitat. Reasonable, appropriate measures also will be taken to ensure that the construction crew is informed of the sensitivity of conserved habitat. c. Noise Levels Grading, construction, and other activities that create noise in excess of 61 d. b.a. Leq level in conserved habitat occupied by gnatcatchers will be limited to the non-breeding season (August 1 through February 15) unless six foot temporary noise berms are used to reduce noise levels. d. Storage and Staging Areas No temporary storage or stockpiling of construction materials will be allowed within conserved habitat, and all staging areas for equipment and materials (especially rock crushing equipment) will be located as far from conserved habitat as possible. Staging areas and construction sites will be kept as free as possible of trash, refuse, discarded food wrappers, and other waste that might attract small scavengers that prey on gnatcatchers and other sensitive small passerines. Trash containers with animal-resistant lids will be provided on the site during construction. e. Monitoring During grading and construction adjacent to conserved habitat, a biologist will monitor the adjacent habitat for excessive accumulations of dust or other disturbance. Erosion control devices also will be monitored during the rainy season to ensure that dirt, topsoil, and other materials are not washing into the conserved habitat area. If at any time significant amounts of dust or material are determined to be impacting conserved habitat, then corrective measures will be taken immediately. f. Unavoidable Disturbances of Conserved Habitat Disturbance of conserved habitat will be avoided to the maximum extent possible. However, where disturbance is unavoidable and has been authorized, it will be mitigated by restoration of the affected sites. Revegetation plans will be prepared for the approval of the City prior to such disturbances occurring. In addition, the location and installation of utilities will be planned cooperatively with the City, USFWS, and CDFG to minimize and mitigate the impacts of such projects on species of concern and conserved habitat. Examples of disturbances that may be unavoidable include: (a) temporary noise buffers and fencing adjacent to conserved habitat; (b) fuel modification zones at the edge of conserved habitat; (c) temporary and permanent public facilities for water, electricity, sewer, gas, and other utilities; and (d) remedial grading for structural purposes, such as easements, buttresses, and crib walls. Final 6-95 91 5. Conser/ation Program and Mitigation Measures Carlsbad-FLCA HCP/OMSP g. Fuel Management Zones Fuel management zones separating conserved habitat from adjacent development will be designed to minimize impacts to native vegetation. The final location of the zones in relation to the interface of development of conserved habitat will be defined at the tentative map stage of planning. Measures to minimize or further reduce impacts to vegetation include: (a) removal of high fuel species, irrigation, and selective pruning (as specified in the City of Carlsbad's Landscape Manual) to suppress the potential for slope fires; (b) planting of native, low-fuel plant species within fuel management zones; and (c) use of alternative fuel breaks such as coastal prickly pear cactus, that reduce water use, have additional wildlife value, and minimize access to conserved habitat. h. Lighting Lighting within new development projects adjacent to conserved habitat will be selectively placed, shielded, and direaed away from conserved habitat. In addition, lighting from homes abutting conserved habitat will be screened by planting vegetation, and large spotlight-type backyard lighting directed into conserved habitat will be prohibited. 1. Landscaping Invasive species such as giant reed and pampas grass will not be used in landscaped area directly adjacent to conserved habitat. A list of species that should not be used in landscaping will be provided to home buyers. Additionally, these species will be identified In the CC&Rs of the homeowners association as plants to be avoided in landscaping. /. Public Information Program Homeowners, homeowner associations, and the interested public wil! be informed of ways to avoid impacts to the conserved resources through a public information program developed in cooperation with the City. The program will include: (a) a public information brochure that describes the natural resources and prohibited activities within conserved habitat; and (b) a landscaping and fuel break planning brochure for homeowners and homeowner associations adjacent to conserved habitat. 2. Impact Phasing and Project Design Measures Impaa phasing and projea design measures pertain to projects and aaivities within Rancheros-Southeast II. They are as follows. 1. Realignment of Rancho Santa Fe Road will proceed in two-phases, as discussed in 1. Purpose, Scope, and Planning Context and subjea to final environmental review. 2. Grading and construaion within Southeast II will occur in the areas shown on Figure 19 as "phases." 92 Final 6-95 m mtt NOTES: RANCHO SANTA FE ROAD WILL BE PHASE 1A. PHASES I - III MAY OCCUR IN ANY ORDER. LEGEND PRESERVE AREAS II PHASE NUMBER Prepared By: Hofman Planning Associates NTS Figure 19 . Phased Grading in Southeast II 93 5. Conservation Program and Mitigation Measures Carlsbad-FLCA HCP/OMSP 3. Realignment of Rancho Santa Fe Road and the configuration of conserved habitat in Southeast it assumes redesign of Melrose Avenue to avoid two gnatcatcher use areas and reclassification of the road from a prime to major arterial. 3. Supplemental Mitigation Measures In addition to the measures already described, FLCA will work cooperatively with the City, USFWS, and CDFG to implement the following supplemental mitigation measures. a. Coastal California Gnatcatcher Research To provide additional data that can be used to guide habitat management, FLCA will provide $50,000 for research on the coastal California gnatcatcher. The focus and design of the research program will be determined prior to the conveyance of conserved habitat to the designated management entity. 6. Coordination with Other Programs To ensure that the needs of multiple species are addressed and to avoid duplication of effort, the City will coordinate the implementation of this plan with other conservation programs in and adjacent to Carlsbad. In adduion, FLCA will provide the City with $150,000 for the completion of the HMP. c. Cooperation of Other Land Owners Working with USFWS and CDFG, the City and FLCA will seek the cooperation of Vallecitos Water Distria in maintaining the existing biological value of the Distria's lands near Stanley Mahr Reservoir; SDG&E's cooperation in the consolidation and relocation of powerline easements in conserved habitat; and the City of San Marcos' cooperation in the preservation of a wildlife corridor in that portion of San Marcos Creek outside of the City. D. Plan Implementation Implementation of the HCP/OMSP will be governed by an agreement among the City, FLCA, USFWS, and CDFG. In addition to reiterating the roles and responsibilities cited above, the agreement specifies reporting requirements and procedures to address unforeseen circumstances, and states the authorizations and assurances provided under the plan. Key provisions are summarized below. 1. Record Keeping ii To document and monitor plan implementation, the City will designate a projea manager to: 1. Maintain files with current information on projects and aaivities proposed * for the plan area; w 94 Final 6-95 W [ Carlsbad-FLCA HCP/OMSP 5. Conservatran Program and Mitigation Measures 2. Maintain files with current information on the inventory of species and habitats in the plan area; .3. Assist with projea and aaivity planning; and 4. Assist with onsite monitoring of impacts and mitigation measures. 2. Annual Reports The City and FLCA will cooperatively prepare annual reports on overall implementation of the plan for review by USFWS and CDFG. Preparation of these reports will be timed so that they are available when the management entity is planning habitat management aaivities for the ensuing year. Each annual report on plan implementation will include: 1. A summary of projects and aaivities that were initiated, continued, or completed in the plan area in the year past; 2. A list of projects and aaivities expeaed to begin, continue, or conclude in the plan area in the upcoming year; 3. Take of any listed species that occurred in conneaion with projects and aaivities covered by the plan; 4. A report of any changes in the federal or state listing status of the species of concern or other species known to occur in the plan area; and 5. A report of any significant changes in the status of resources in areas designated as conserved compared with the previous year. 3. Periodic Comprehensive Reviews At the end of the first five years of the program and every five years thereafter, a comprehensive review of plan implementation will be undertaken by the City and FLCA in cooperation with USFWS and CDFG. The biological scope of the review will be determined by the management advisory committee and conduaed as part of the annual work program for the ensuing year. 4. Procedures in Response to Unforeseen Circumstances For purposes of this plan, the term "unforeseen circumstances" is meant to include: 1. Significant adverse changes in the quality of habitat and species richness of conserved habitat; 2. Significant changes in the anticipated impacts of projects and activities covered by the plan; and Final 6-95 95 5. Conservat/on Program and Mitigation Measures Carlsbad-FLCA HCP/OMSP 3. Significant new infonnation relevant to the HCP/OMSP that was unforeseen at the time the plan was approved. In determining whether such circumstances have occurred, USFWS and CDFG ^ will notify the City and FLCA of their intention to review the situation and ^ provide a written explanation of the facts that prompted the review. If it is determined that unforeseen circumstances have occurred, the agencies. City, and FLCA will work cooperatively to amend the HCP/OMSP as appropriate. 5. Authorizations and Assurances m mm Implementation of the plan is predicated on the approval of long-term (30-year) authorizations and assurances that will allow planning and development MI aaivities by the City, FLCA, and other landowners in the plan area to proceed without further wildlife mitigation. The authorizations and assurances will "* apply to projects and aaivities planned and conduaed in accordance with the HCP/OMSP, including but not limited to: * 1. Realignment of Rancho Santa Fe Road and related transportation improvements in Rancheros-Southeast II; • mm 2. Development of FLCA master planned residential communities, together with the requisite Infrastruaure and public facilities, in both plan area m components; 3. Commercial development by MAG properties on 81 acres in Rancheros- _ Southeast II; 4. Fire management and roadway maintenance in both plan area components; and m 5. Management of conserved habitat in both plan area components. i* III P' Ml m 96 Final 6-95 m m m m Car/5bad^iO\ HCP/OMSP References References California Department of Fish and Game 1980 At the crossroads: A report on the status of Califomia endangered and rare fish and wildlife. 1986 Endangered, rare, and threatened animals of California. 1987 Designated endangered or rare plants. Summary list from seaion 1904 Fish and Game Code (Native Plant Proteaion Aa). 1991 Special Animals. Natural Diversity Data Base. April. California Department of Fish and Game and California Resources Agency 1993 Southern Califomia Coastal Sage Scrub Natural Community Conservation Planning Process Guidelines. November. City of Carlsbad n.d. Land Use Element (of the General Plan). 1992 Open Space and Conservation Resource Management Plan. June. 1993 Habitat Management Plan for Natural Communities in the City of Carlsbad, California. Review Draft. July. Cotton/Beland and Associates 1991 Rancho Santa Fe Road Realignment and Mass Grading, Draft Environmental Impaa Report. Prepared for the City of Carlsbad. ERCE 1989 Focused California gnatcatcher mapping of the La Costa planning sub-areas. Prepared for The Fieldstone Company. Unpublished job report. 1990 Focused California gnatcatcher mapping of the La Costa planning sub-areas. Prepared for The Fieldstone Company. Unpublished job report. Holland, Robert F. 1986 Preliminary Descriptions of the Terrestrial Natural Communities of Califomia. Nongame-Heritage Program, California Department of Fish and Game. Oaober. Final 6-95 97 References Carlsbad-FLCA HCP/OMSP Michael Brandman Associates, Inc. ^ 1991a Biological assessment for Draft EIR for the Rancho Santa Fe Road realignment and mass grading. m 1991b Report on California gnatcatcher and sensitive plants of the Santa m Fe Creek Property, San Diego County, California. m Michael Brandman Associates and Dudek & Associates, Inc. 1992 Draft Biological Resources and Habitat Analysis City of Carlsbad, California. May 14. Unpublished job report. ' ^ San Diego Association of Governments 1993 Habitat Model Results [for the] MHCP Study Area. Preliminary tabulation. Report to North County Wildlife Forum. August. Smith, J. P., and K. Berg * 1988 Inventory of Rare and Endangered Plants of California. California m Native Plant Society Special Publication No. 1, 4th edition. ^ Sacramento, California. United States Fish and Wildlife Service * 1987 Endangered and threatened wildlife and plants: Federal Register 50 CFR 17.11 and 17.12. m WESTEC Services, Inc. 1^ 1986 Biological resources analysis of the La Costa planning sub-areas: La Costa, Northwest, Rancheros, La Costa Southeast, La Costa •» Southwest. Prepared for Lay O. Round and Associates. September. ^ 98 m m m m m p m Final 6-95 P h Carlsbad-FLCA HCP/OMSP Clossary Glossary Abbreviations and Acronyms m CALTRANS California Department of Transportation CDFG Califomia Department of Fish and Game M CEQA California Environmental Quality Aa cm centimeter(s) Mi CNPS California Native Plant Society City City of Carlsbad CSS Coastal Sage Scrub M db decibel du dwelling unit tm ESA Endangered Species Aa (Federal or Califomia) tM EIR Environmental Impaa Report FLCA Fielstone/La Costa Associates «-GIS Geographic Information System GMP Growth Management Plan/Program om HCP Habitat Conservation Plan HMP Habitat Management Plan LFMP Local Facilities Management Plan tm m meter(s) MBTA Migratory Bird Treaty Aa 1^ MHCP (North County) Multiple Habitat Conservation Program mm mm millimeter(s) MOA Memorandum of Agreement MSCP (City of San Diego) Multi-Species Conservation Plan NCCP Natural Community Conservation Planning IM NDDB (California) Natural Diversity Data Base NEPA National Environmental Policy Aa OMSP Ongoing Multi-Species Plan iM PD Planned Development RMP Resource Management Plan <n SANDAG San Diego Association of Governments SDG&E San Diego Gas and Elearic SRP Scientific Review Pane! ssp subspecies USFWS (U.S.) Fish and Wildlife Service uses U.S. Geological Survey var variation Final 6-95 99 Clossary Carlsbad-FLCA HCP/OMSP Common and Scientific Names Plants Trees Ash California sycamore Coastliveoak Cottonwood Engelmann oak Nuttall's scrub oak San Diego mountain-mahagony Toyon Willow b. Shrubs Black sage California adolphia California buckwheat California encelia California sagebrush Chamise Chaparral broom Cliff spurge Coyote bush Del Mar manzanita Encinitas baccharis Flat-top buckwheat Laurel sumac Lemonadeberry Mission manzanita Mulefat Munz's sage Orcutt's hazardia Purple sage Redberry San Diego County viguiera San Diego marsh elder San Diego sagewort Sugar bush Summer holly Tamarisk Wart-stemmed ceanothus White sage Fraxinus velutina var. coriacea Platanus racemosa Quercus agri folia Populus sp. Quercus engelmannii Quercus dumosa Cerocarpus minutiflorus Heteromeles arbutifolia Salix sp. 5a/v/a mellifera Adolphia califonica Eriogonum fasciculatum Encelia califomica Artemisia califomica Adenostoma fasciculatum Baccharis sarothroides Euphorbia misera Baccharis pilularis ssp. consangu/nea Araostapby/os glandulosa ssp. crassfolia Baccharis vanessae Eriogonum fasciculatum Malosma laurina Rhus integrifolta Xylococcus bicolor Baccharis glutinosa ssp. salicifolia Salvia munzii Hazardia orcuttii Salvia leucophylla Rhamnus crocea Viguiera laciniata Iva hayesiana Artemisia palmeri Rhus ovata Comarostaphylis diversifolia Tamarix parviflora Ceanothus verrucosus Salvia apiana P ii P m m 100 p m P p P p p m Final 6-95 P CaWsbad-FLCA HCP/OMSP Clossary tm Herbaceous Plants mm Ashy spike-moss Selaginella cinerascens Blochman's dudleya Dudleya blochmaniae ssp. blochmaniae m Bulrush Scirpus sp. California adder's-tongue Ophioglossum lusitanicum Califomia blue-eyed grass Sisyrinchium bellum Cattail Typha sp. Cocktebur Xanthium strumarium var. canadense Common golden stars Bloomeria crocea ssp. crocea Curly dock Rumex crispus Del Mar sand aster Corethrogyne filaginifolia var. linifolia MM Orcutt's brodiaea Brodiaea orcuttii Orcutt's spineflower Chorizanthe orcuttiana Palmer's grapplinghook Harpagonella palmeri Plantain Plantago ereOa, Plantago insularis Purple needlegrass Stipa pulchra ma Rush funcus sp. Salt grass Distichlis spicata var. striata San Diego ambrosia Ambrosia pumila San Diego golden star Muilla clevelandii San Diego sedge Carex spi'ssa San Diego thornmint Acanthomintha ilicifolia Southwestern spiny rush Juncus acutus var. leopoldii Ml Spike sedge Eleocharis sp. Sticky^leaved liveforever Dudleya viscida Thread-leaved brodiaea Brodiaea filfolia Umbrella sedge Cyperus ergrostis Westem dichondra Dichondra occidentalis Westem ragweed Ambrosia psilostachya var. califomica mm Verba mansa Anemopsis califomica Cacti Cholla Opuntia sp. Coast barrel caaus Ferocactus viridescens <M Butterflies Harbison's dun skipper Euphyes ve$tris harbinsoni «• Hermes copper Lycaena hermes «. Quino checkerspot Euphydryas editha quino •m Fish Mosquitofish Cambusia affinis Large crayfish Procambarus clarki Largemouth bass Micropterus salmoides Final 6-95 101 Clossary Carlsbad-FLCA HCP/OMSP ^ Amphibians Bullfrog California red-legged frog Western spadefoot Reptiles Coach whip Coastal rosy boa Coastal western whiptail Coast patch-nosed snake Common kingsnake Coronado skink Gopher snake Granite spiny lizard Northern red diamond rattlesnake Orange-throated whiptail San Diego banded gecko San Diego horned lizard San Diego ringneck snake Silvery legless lizard Southern alligator lizard Southwestern pond turtle Striped racer Two-striped garter snake Birds Rana catesbe/ana Rana aurora draytonii Spea hammondii Masticophis flagellum Lichanura trivirgata rosafusca Cnemidophorus tigris multiscutatus Salvadora hexalepis virgultea Lampropeltis getulus Eumeces skiltonianus interparietalis Pituophis catenifer Sceloporus orcuttii Crotalus ruber ruber Cnemidophorus hyperythrus beldingi Coleonyx variegatus abbotti Phrynosoma coronatum blainvillei Diadophis punctatus similis Anniella nigra argentea Elgaria multicarinata Clemmys marmorata pallida Masticophis lateralis Thamnophis hammondii P American crow Bell's sage sparrow Brown-headed cowbird Black-tailed gnatcatcher Burrowing owl California horned lark Canyon wrens Coastal black-tailed gnatcatcher Coastal California gnatcatcher Common raven Common yellowthroat Cooper's hawk Least Bell's vireo Loggerhead shrike Northem harrier Scrub jay Song sparrow So. Calif. rufous<rowned sparrow Southwestern willow flycatcher Tricolored blackbird Yellow-breasted chat Yellow warbler Corvus brachyrhynchos Amphispiza belli belli Molothrus ater Polioptila melanura Athene cunicularia Eremophila alpestris actia Catherpes mexicanus Polioptila melanura califomica Polioptila califomica califomica Corvus corax clarionensis Geothlypis tricbus Accipiter cooper// Vireo bellii pusillus Lanius ludovicianus Circus cyaneus Aphelocoma coerulescens Melospiza melodia Aimophila ruficeps canescens Empidonax traillii extimus Agelaius tricolor laeria virens Dendroica petechia brewsteri 102 Final 6-95 Carlsbad-FLCA HCP/OMSP Clossary Mammals Black rat Bobcat California mastiff bat Coyote Dulzura California pocket mouse Field mouse Mule deer NW San Diego pocket mouse Norway rat Opossum Pacific pocket mouse Raccoon San Diego black-tailed jackrabbit San Diego desert woodrat Southern grasshopper mouse Townsend's western big-eared bat Woodrat Ra//us rattus lynx rufus Eumops perotis californicus Canis latrans Chaetodipus californicus femoralis Peromyscus sp. Odocolileus hemionus Chaetodipus fallax fallax Rattus norvegicus Didelphis marsupialis Perognathus longimembris pacificus Procyon lotor Lepus californicus bennettii Neotoma lepida intermedia Onychomys torridus ramona Plecotus townsend// townsendii Neotoma sp. Definitions Arterial: A street that provides for the movement of large amounts of traffic, carrying traffic from colleaor roads to other colleaors, arterials or freeways. Biodiversity: A general term for species, habitats, and genetic diversity; the distribution and abundance of different plant and animal communities and species within an area. Compensation Measures: Measures undertaken by public and private landowners to offset the adverse environmental impacts of development through agreements; may include dedication of land, provision of funds for wildlife conservation, design modification, habitat reclamation or enhancement, and/or other proteaive aaions. Conditional Use Permit: In Carlsbad, a permit allowing certain uses in certain zones provided the uses will not be detrimental to public health, safety, and welfare and will not impair the integrity and charaaer of the zone. The Planning Commission approves such permits subjea to conditions, and each application is considered on its own merits. Control Point or Density Control Point: In Carlsbad, the number of du/ac in each residential classification that cannot be exceeded by any new development in the City. Critical Habitat: Defined in the federal Endangered Species Aa (1973) to include the area occupied by a species at the time it is listed, specific areas in the vicinity of the occupied habitat, and specific areas away from the occupied habitat considered essential for the conservation of the species. Final 6-95 103 "^^""^ • Car/sbad-FLCA HCP/OMSP ^ Cumulative Impact: The incremental environmental impaa of an aaion * together with impacts of past, present, and reasonably foreseeable aaions ^ (regardless of the source of the other aaions). i» Decibel (db and dbA): A unit for measuring the relative loudness of sounds m equal approximately to the smallest degree of difference of loudness ordinarily deteaable by the human ear. The A-weighted scale, expressed as dbA, gives W greater weight to ft-equencies. ^ Discretionary Project/Action: A projea which requires the exercise of ^ judgment or deliberation when the public agency or body decides to approve or disapprove a particular aaivity, as distinguished ft-om situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations (CEQA * Guidelines 1986). ^ Dispersal: The movement, usually one way, and on any time scale, of plants or animals from their point of origin to another location whether they subsequently ^ produce offspring. Ecosystem: A community of organisms and their physical environment "* interaalng as an ecological unit. *•* Endangered Species: Any plant or animal in danger of extinaion in all or a significant part of its range. m m P m P Endangered Species Art: Federal Aa of 1973, as amended, 16 U.S.C. Seaions 1531-1543; and California Aa of 1984, as amended, Califomia Fish and Game Code, Sections 2050-2098. Environmental Impart Report (EIR): A document prepared in accordance with state law that contains detailed information about the effert which a proposed projea is likely to have on the environment, lists ways in which the significant effects of such a projea might be minimized, and indicates alternatives to the projea. m Environmentally Sensitive Lands: In Carlsbad, open space lands which are P constrained or prohibited from development, including beaches, lagoons, other m permanent water bodies, riparian habitats, steep slopes, and land with' other significant environmental features determined by the environmental review m process for a projea. mm Exclusive Agriculture: In Carlsbad, a zoning classification that provides for such uses as agriculture which are customarily conduaed in areas which are not yet appropriate for urban development. P Exclusive Agriculture with Qualified Overlay: In Carlsbad, a zoning * classification that supplements agricultural zoning by providing additional M regulations for development within a designated area. Extinrt: No longer in existence; no longer living. P Final 6-95 P Carlsbad-FLCA HCP/OMSP Glossary Growth Management Plan/Program: In Carlsbad, a comprehensive approach to land use planning now and in the future that links residential, commercial, and industrial development direaly to the availability of public services and facilities, sets limits on the total number of housing units to be built, and increases the total amount of open space to be preserved in the City. Growth Management Zone: In Carlsbad, a geographically-defined area in the City for which a plan for public services and facilities is required before development can occur. Under the City's Growth Management Plan, there are 25 such zones in the City. Habitat: The combination of environmental conditions of a specific place occupied by a species or a population of such species. Habitat Conservation Plan (HCP): An implementable program for the long- term proteaion and benefit of a species in a defined area; required as part of a Seaion 10(a) permit application under the federal Endangered Species Aa. Habitat Management Plan (HMP): Here, a conservation plan being prepared by the City of Carlsbad as a component of the General Plan to preserve sensitive and other significant biological resources within the City's boundaries. Harass: A form of take under the federal Endangered Species Aa; defined in federal regulations as an intentional or negligent aa or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering (50 CFR 17.3). Harm: A form of take under the federal Endangered Species Aa; defined in federal regulations as an aa which aaually kills or injures wildlife. Such acts may include significant habitat modification or degradation where it aaually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). High Density: tn Carlsbad, a classification for residential development charaaerized by two and three-story condominiums or apartments, 15 to 23 du/ac. The City's GMP sets a 19 du/ac control point on such residential development. Historic Habitat: Areas that have supported a species in the past and may or may not continue to do so. Historic Range: The maximum past or present distribution of a species or subspecies. Home Range: The area to which the aaivities of an animal are confined during a defined period of time. Incidental Take: The taking of a federally listed wildlife species, if such taking is incidental to and not the purpose of carrying out otherwise lawful aaivities. Lead Agency: The public agency which has the principal responsibility for carrying out or approving a projea. Final 6-95 105 <^los^^n^ Car/sbad-f LCA HCP/OMSP ^ Limited Control: In Carlsbad, an interim zoning classification for areas where planning for future land uses has not been completed or plans for development have not been formalized. Low Density: In Carlsbad, a classification for rural, residential, or agricultural •* development that is charaaerized by single family dwellings on parcels one-half acre of larger, or cluster-type and innovative housing development at an overall density not to exceed 1.5 du/ac. The City's GMP sets 1 du/ac as the control ^ point for such development. mm Low-Medium Density: In Carlsbad, a classification for residential areas usually charaaerized by single family homes and planned residential development. A variety of overall housing types may be allowed as long as the overall density does not exceed 4 du/ac. The City's GMP sets 3.2 du/ac as the control point for * such development. «• Master Plan: In Carlsbad, a plan that supplements and provides more detail to ^ the General Plan and Land Use Element as it applies to a large piece of land in the City. Medium Density: In Carlsbad, a classification for urban residential development typically charaaerized by small lot single-family homes or townhomes, duplexes, triplexes, and low density apartment developments, 4 to _ 8 du/ac. The City's GMP sets 6 du/ac as the control point for such ^ development. Mb Medium-High Density: In Carlsbad, a classification for residential development * charaaerized by one and two-story condominiums or apartments, 8 to 15 m .du/ac. The City's GMP sets 11.5 du/ac as the control point for such development. pp Mitigation: Measures undertaken to diminish or compensate for the negative "* impacts of a projea or aaivity on the environment, including: (a) avoiding the ^ impaa altogether by not taking a certain aaion or parts of an aaion; (b) minimizing impacts by limiting the degree or magnitude of the aaion and its "* implementation; (c) reaifying the impaa by repairing, rehabilitating, or restoring the affeaed environment; (d) reducing or eliminating the impaa over "* time by preservation and maintenance operations during the life of the aaion; m or (e) compensating for the impart by replacing or providing substitute resources or environments. wm Monitoring: In the context of this plan and as per CEQA requirements for "* certified EIRs and mitigated negative declarations, the process of colleaing i- information to document the implementation and evaluate the efficacy of approved mitigation measures. *• Multiple Habitat Conservation Program (MHCP): Here, a wildlife species and habitat conservation program initiated by the members of the North County Wildlife Forum. Multiple Species Conservation Plan (MSCP): Here, a wildlife species and habitat conservation program initiated by the City of San Diego in conneaion with its Clean Water Program. Final 6-95 m m m m Carlsbad-FLCA HCP/OMSP Clossary m 1^ Natural Communities Conservation Planning (NCCP): A habitat conservation * program instituted by the State of California in 1992 to encourage the preservation of natural communities before the species within those ^ communities are threatened with extinrtion. Negative Declaration: A document prepared in accordance with state law that ^ briefly describes the reasons that a proposed projea will not have a significant effea on the environment and does not require the preparation of an environmental document. m Ongoing Multi-Species Plan (OMSP): As defined in NCCP Process Guidelines, a multiple species conservation program that was formally underway prior to enactment of the NCCP program on January 1, 1992, and that substantively ^ meets the same goals and objeaives of plan prepared under the NCCP tti Guidelines. ^ open Space: Land on which no struaural improvements are permitted. Plan Area: Here, Fieldstone's Northwest, Rancheros, and Southeast II properties wm in the City of Carlsbad, together with MAG properties within the Rancho Santa Fe Road projea area. IM Planned Community: In Carlsbad, a zoning classification that designates large ^ ttacts of land for a combination of residential densities and development lm controlled by a Master Plan. " Planned Development: In Carlsbad, a contained development, often with a ^ mixture of housing types and densities, in which the subdivision and zoning controls are applied to the projea as a whole rather than to individual lots as in most subdivisions. Therefore, densities are calculated for the entire development, usually permitting a trade-off between clustering of houses and provision of common open space. Population: A colleaion of individuals that share a common gene pool. tm Population Density: Number of individuals of a species per unit of area. m ^ Public Facilities: Uses or struaure that provide services to the public, such as a library. City hall, fire station, police station, park, traffic signal, or major street. IP. Within the Carlsbad Growth Management Plan, public facilities are defined to include city administration, library, wastewater treatment, parks, drainage, • circulation, fire, open space, schools, sewer colleaion, and water distribution. ^ Rare Species: A species of plant or animal which had limited numbers and/or distribution. ^ Recovery Plan: A plan to ensure the conservation and survival of endangered ^ and threatened species. Recovery plans give priority, to the extent feasible, to those endangered or threatened species that are or may be in confiia with ^ construaion or other development projects or other forms of economic aaivity. ^ Resource Management Plan (RMP): Here, an open space conservation plan being prepared by the City of Carlsbad as a component of its General Plan to provide and protea open spaces for different uses within the City. ^ Final 6-95 107 <^'os^ry ' Carysbad-f tCA HCP/OMSP Right-of-way: An area of land which has been dedicated for public use for transportation purposes (i.e., a street, freeway or railroad). Sertion 7: A sertion of the federal Endangered Species Aa that provides for consultation between federal agencies and the U.S. Fish and Wildlife Service to ensure that any aaion authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruaion or adverse modification of critical habitat on such species. Sertion 9: A sertion of the federal Endangered Species Art that prohibits "taking" of threatened and endangered species. Sertion 10(a): A sertion of the federal Endangered Species Aa that allows for incidental takings of a threatened or endangered species through permits issued for scientific purposes and for otherwise lawful aaivities. Sensitive Species: Species which are rare, which have preternaturally small or declining populations, or whose probably for long-term survival is in question. Serai Stage: A step in the praaically continuous replacement of one plant community by another (succession) as an ecological site passes from a pioneer stage through intermediate to the climax stage of a vegetation type. Recognizable stages, or seres, occur in the development of a climax vegetation as it arises, grows, matures, and dies. The stages of progression from colonization of bare land to formation of stabilized habitat are called early serai, mid-seral, late serai, and potential natural community (climax). Species: Groups of interbredding natural populations that are reproduaively isolated from other such groups. Territory: The area that an animal defends, usually during breeding season, against intruders of its own species. Final 6-95 m m W m Species of Concem: In this plan, the listed and sensitive species that are known to or are likely to occur within the plan area. Also usually synonymous with "sensitive species" if used to distinguish listed species from other species. ^ m Take: To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collea a listed species, or attempt to do so. m m Threatened Species: Any species or subspecies that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. P Viability: The ability of a population to persist. The converse of vulnerability or the propensity of a population to go extinrt. m m Zoning: A legal device used by local governments to control development density and ensure that land uses are properly situated in relation to one m another. * ii Car/sbad^iCA HCP/OMSP HCP Facilitation Team HCP Facilitation Team The following persons were members of or advisors to the HCP Facilitation Team that guided initial development of the HCP/OMSP in 1991-93: Rick Alexander* Jonathan Atwood Doug Avis* John Barone Glenn Black* Jean Carr* Mary Lynn Coffee Diana Coombs* Michael Evans Paul Fromer* Brooks Harper* Philip Hinshaw* Bill Hofman Michael Holzmiller* Barry Jones* Lisa King Lindell Marsh* Michael McCollum Michael McLaughlin' Jeff Opdycke* Carrie Phillips* Don Rideout* Seth Schulberg* Ed Sauls* Dan Silver* Terri Stewart* Bill Toone* The Rick Alexander Company Manomet Bird Observatory Fieldstone/La Costa Associates Fieldstone/La Costa Associates California Department of Fish and Game Carr Consulting (formerly) Siemon, Larsen & Marsh San Dieguito River Valley Joint Powers Authority Biological Consultant Regional Environmental Consultants U.S. Fish and Wildlife Service A.D. Hinshaw and Associates Hofman Planning Associates Carlsbad Planning Dirertor Sweetwater Environmental Biologists Inc. Hofman Planning Associates Siemon, Larsen & Marsh McCollum Associates San Diego Association of Governments (formerly) U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service Carlsbad Community Development Department Batiquitos Lagoon Foundation The Sauls Company Endangered Habitats League California Department of Fish and Game San Diego Zoological Society m * Member of the HCP Facilitation team Final 6-95 109 HCP Facilitation Team Carlsbad-Fieldstone HCP/OMSP Other persons who participated in the initial planning process include: Heidi Coates Audubon Society wm Deborah Croft-Kornheiser Silldorf, Burdman, Duigan & Eisenberg PI*' Claire Dedrick Consulant wm Lewis Feldman Cox, Castle & Nicholson "Teen" Flores Brighton Homes Douglas Ford Douglas Ford and Associates John Foreman The Development Planning & Finance Group Joe Gallagher Leisure Technologies mm Marc Gerber CunninghanvBaristic Dale deed Bren Company wm Kevin Hampton Lincoln Property Company mm L. Ski Harrison Rutan and Tucker Dave Hogan San Diego Biodiversity Projert wm Doug Jensen Vista Santa Fe and Broadmoor Homes Robert Kennedy Jack Henthom & Associates Mark Krai Vistar Financial, Inc. wm Bob Ladwig Ladwig Design Fred Morey MAG Properties Neal Pederson Baywood Development Group Brian Rice Rice Enterprises m Mike Ryan .lit Bernie Scaparro Unocal Corporation P. Jerold Walsh Cox, Castle & Nicholson m John Weigand Weigand Properties Harold Weigand Weigand Properties John Yeager Pettis, Tester, Kruse & Krinsky wm •w mr no Final 6-95 Carlsbad-FLCA HCP/OMSP Plan Preparers Plan Preparers The following persons contributed to the preparation of the March 1993 and/or March 1994 versions of the HCP/OMSP. City of Carlsbad Staff and Consultants Michael Holzmiller Don Rideout Rick Alexander Jean Carr Paul Fromer Gina Shultz Philip Hinshaw City of Carlsbad Planning Department City of Carlsbad Community Development The Rick Alexander Company Carr Consulting Regional Environmental Consultants Regional Environmental Consultants A.D. Hinshaw & Associates m Fieldstone/La Costa Staff and Consultants John Barone Doug Avis Barry Jones Chris Lindsay Ed Reichenberg Ed Sauls Lindell Marsh Mary Lynn Coffee Michael McCollum Bill Hofman Lisa King Dan King Greg Hagen Fieldstone/La Costa Associates Fieldstone/La Costa Associates Sweetwater Environmental Biologists, Inc. Sweetwater Environmental Biologists, Inc. Sweetwater Environmental Biologists, Inc. (mapping) The Sauls Company Siemon, Larsen & Marsh (formerly) Siemon, Larsen & Marsh McCollum Associates Hofman Planning Associates Hofman Planning Associates Hofman Planning Associates Hofman Planning Associates Final 6-95 111 Carlsbad-FLCA HCP/OMSP Appendix A Appendix A Regulatory Framework of the HCP/OMSP A. Federal Wildlife and Habitat Conservation Laws A-3 1. Federal Endangered Species Act A-3 a. Section 4 A-4 b. Section 9 A-4 c. Section 10(a) A-5 d. Section 7 A-7 e. Section 6 A-7 f. Special 4(d) Rule for the Coastal Califomia Gnatcatcher A-8 2. Migratory Bird Treaty Act A-9 3. Fish and Wildlife Coordination Act A-9 4. Section 404 of the Clean Water Act A-10 B. California Wildlife and Habitat Conservation Laws A-12 1. California Endangered Species Act A-12 a. Sections 2070-2079 A-12 b. Section 2080 A-12 c. Sections 2081 and 2053 A-13 d. Sections 2090-2097 A-13 2. Native Plant Protection Act A-15 3. Natural Community Conservation Planning Act. A-15 a. Purpose and Focus A-15 b. Process Guidelines for NCCPs and OMSPs A-16 c. Coastal Sage Scrub Conservation Guidelines A-19 4. Streambed Alteration Laws A-20 C. Federal and State Environmental Documentation Requirements A-21 1. National Environmental Policy Act A-21 2. California Environmental Quality Act A-21 Final 6-95 A-1 Carlsbad-FLCA HCP/OMSP Appendix A Regulatory Framework of the HCP/OMSP The regulatory framework of the HCP/OMSP consists primarily of federal and state laws and regulations that pertain to the plan's funrtions as a Habitat Conservation Plan (HCP) for federally listed species, a Natural Community Conservation Plan (NCCP) equivalent, and as a menu of conservation and mitigation measures for individual projects. This appendix discusses the pertinent laws and regulations under three headings: • Federal wildlife and habitat conservation laws, • California wildlife and habitat conservation laws, and • Federal and state environmental documentation requirements. A. Federal Wildlife and Habitat Conservation Laws The federal wildlife and habitat conservation laws that pertain to the HCP/OMSP include the federal Endangered Species Aa (ESA), Migratory Bird Treaty Aa (MBTA), Fish and Wildlife Coordination Aa, and Seaion 404 of the Clean Water Aa. 1. Federal Endangered Species Act Five seaions of the federal ESA are relevant to the preparation, approval, and implementation of the HCP/OMSP: • Seaion 4, which covers the listing process, designation of critical habitat, issuance of special rules for the proteaion of threatened species, and preparation of recovery plans; • Seaion 9, which prohibits the import, export, take, possession, transport, receipt, or sale of listed species; • Seaion 10(a), which authorizes the U.S. Fish and Wildlife Service (USFWS) to issue permits for incidental take of listed species and to approve HCPs for listed and/or unlisted species; • Seaion 7, which requires all federal agencies to consult with USFWS regarding aaions that would affea a listed species, includes provisions for conferences with USFWS regarding impacts to species proposed for federal listing, and allows for the authorization of incidental take resulting from federal aaions; and • Seaion 6, which authorizes cooperative agreements between USFWS and states and includes provisions for the conservation of federally listed plants. Final 6-95 A-3 ^"^""^ ' Carlsbad-FLCA HCP/OMSP a. Section 4 Section A of the federal ESA stipulates that a species may be determined to be endangered or threatened based on any one of five faaors: 1. Present or threatened destruaion, modification, or curtailment of its habitat or range; 2. Overutilization for commercial, recreational, scientific, or educational purposes; 3. Disease or predation; 4. The inadequacy of existing regulatory mechanisms; and 5. Other natural or manmade faaors afferting its continued existence. A-4 b. Section 9 m IP Sertion 4 further stipulates the steps by which species may be proposed for listing and the time-frame in which decisions must be made. It also requires that critical habitat for the species be designated concurrently with the decision to list the species and that a plan for the conservation and survival of the species (recovery plan) be prepared and implemented. Sertion 4 also provides for the issuance of special regulations for the protertion of federally-listed threatened _ species in any State that has entered into a cooperative agreement with USFWS pursuant to Sertion 6 of the ESA. «• The HCP/OMSP anticipates the future federal listing of species known or * experted to occur in the plan area and encompasses habitat currently occupied 'm by one federally-listed species, the threatened coastal California gnatcatcher. USFWS has not designated critical habitat or initiated preparation of ecovery plan for the gnatcatcher but has adopted a special rule for the species (see "f." below). IP m m Sertion 9 of the federal ESA prohibits the taking of species listed by USFWS as threatened or endangered. As defined in the ESA, "taking" means "to harass, * harm, pursue, hunt, shoot, wound, kill, trap, capture or collert or to attempt to * engage in such condurt." "Harass" and "harm" are further defined in federal regulations and case law as follows: "Harass" means an intentional or negligent art or omission which creates the likelihood of injuring wildlife by annoying it to such an extent as to fr significantly disrupt normal behavioral patterns which include, but are not 1 limited to, breeding, feeding or sheltering (50 CFR 17.3). "Harm" means an art which artually kills or injures wildlife. Such acts may J include significant habitat modification or degradation where it aaually kills * or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). ' W m Final 6-95 W m m Carlsbad-FLCA HCP/OMSP Appendix A « With respea to endangered plants, the ESA makes It unlawful to: 1. Remove and reduce to possession any such species from areas under federal jurisdiaion; 2. Maliciously damage or destroy any such species on such areas; or 3. Remove, cut, dig up, or damage or destroy any such species on any other area in knowing violation of any law or regulation in any state or in the course of any violation of a state criminal trespass law. ESA proteaion for threatened plants is substantially the same as that given to endangered plants, except that the seeds of threatened plants may be cultivated. Within the area covered by the HCP/OMSP, Seaion 9 prohibitions on take currently apply to only to one observed wildlife species (the gnatcatcher); no currently listed plants have been observed to date in the plan area. c. Section 10(a) In recognition that take cannot always be avoided, Seaion 10(a) of the ESA includes provisions for takings that are incidental to, but not the purpose of, othenrtrise lawful aaivities. Similar provisions also are found in Seaion 7 for aaions by federal agencies. Under Seaion 10(a)(1)(B), USFWS (via powers delegated by the Secretary of the Interior) is authorized to approve "incidental take" permits provided that the applicant has met certain conditions. As described in the Code of Federal Regulations (CFR) and draft conservation planning guidelines prepared by USFWS, the application for such permits must be submitted on a specific form and must be accompanied by an HCP that contains the following information: 1. The impaa that will likely result frpm the proposed taking of the species; 2. Steps the applicant will take to monitor, minimize, and mitigate such impacts; 3. The level and source of funding available to implement such steps; 4. Procedures that will be used to deal with unforeseen circumstances; 5. The names of the responsible party or parties; 6. Alternatives to the taking and the reasons why they were not pursued; and 7. Other measures that may be required by USFWS as necessary or appropriate. The application is submitted to the Regional Dirertor of USFWS who, after a public comment period, must issue the permit if it is found that: 1. The taking will be incidental to an otherwise lawful aaivity; Final 6-95 A-5 Appendix A Carlsbad-FLCA HCP/OMSP 2. The applicant will, to the maximum extent praaicable, minimize and mitigate the impacts of the taking; 3. The applicant will ensure that adequate funding for the conservation plan *" and procedures to deal with unforeseen circumstances will be provided; m 4. The taking will not appreciably reduce the likelihood of the survival and » recovery of the species in the wild; 5. The applicant will ensure that other measures (if any) that USFWS may require as being necessary or appropriate will be met; and 6. USFWS is assured that the conservation plan will be implemented (USFWS'Ss praaice has been to require an "implementing agreement" signed by the permittee and USFWS in which the aaions identified in the HCP are presented in the form of a legal contraa.) Prior to making the decision, USFWS must condurt an internal consultation in accordance with Sertion 7 of the ESA. USFWS also must comply with the environmental review requirements of the National Environmental Policy Art (NEPA), which requires that the potential effects of a major aaion be analyzed in a written statement. Although phrased in terms of criteria for issuance of incidental take permits, Seaion 10(a)(1)(B) also was intended by Congress to authorize USFWS'Ss approval of HCPs for unlisted as well as listed species. Moreover, if the HCP treats unlisted species as if they were already listed, additional mitigation would not be required within the area covered by the HCP upon the listing of that species. As stated by the House Conference Committee when Sertion 10(a)(1)(B) was added to the ESA in 1982: m m m m m m The committee intends that the Secretary [of the Interior] may utilize this provision to approve conservation plans which provide long-term commitments regarding the conservation of listed as well as unlisted species and long-term assurances to the proponent of *he conservation plan that the ^ terms of the plan will be adhered to and that further mitigation requirements will only be imposed in accordance with the terms of the • plan. In the event that an unlisted species addressed in an approved ^ conservation plan is subsequently listed pursuant to the Art, no further mitigation requirements should be imposed if the conservation plan mt addressed the conservation of the species and its habitat as if the species ^ were listed pursuant to the Art. (House of Representatives Conference Report No. 97-835, 97th Congress, 2d Session, p. 30). Consistent with Congress' intent, the HCP/OMSP addresses the needs of listed * and currently unlisted species of concern in the plan. It also presents the type of information and analysis required for USFWS to consider authorization for take II for each species of concern. ^ A-6 Final 6-95 » Car/sfaad^FLCA HCP/OMSP Appendix A rf. Section 7 Sertion 7 of the ESA requires all federal agencies to consult with USFWS on artions involving listed species, requires USFWS to condurt internal *• consultations regarding the effects of its own artions on such species, and includes provisions for conferences with USFWS regarding impacts to species proposed for federal listing. It also requires USFWS to use its program to further ^ the objertives of the ESA. *• A Sertion 7 consultation begins with a biological assessment that examines the potential effects of the artion on the species in question and concludes with a * written statement by USFWS stating whether the aaion would jeopardize a listed or proposed species or adversely affea critical habitat. If USFWS finds that the species would not be jeopardized, the written statement includes «• authorization for incidental take. A Seaion 7 conference is conduaed in much the same way as a consultation but written findings are not always prepared. ^ With respea to the HCP/OMSP, USFWS must condua an internal consultation regarding the potential effects of plan approval on any federally listed species, *• designated or proposed critical habitat, and any adopted recovery plans for ^ federally listed species; USFWS also will consider potential effects on species currently proposed for federal listing. *• e. Section 6 m Seaion 6 of the ESA authorizes USFWS to enter into cooperative agreements ^ with States, such as the agreement between USFWS and CDFG regarding the NCCP program for coastal sage scrub. In addition, Seaion 6(c)(2) deals explicitly with conservation programs for listed plants; as stated in the ESA: m ^ In order for a State program to be deemed an adequate and aaive program ... the Secretary must find, and annually thereafter reconfirm such finding, IM that under the State program — m. m (A) Authority resides in the State agency to conserve resident species of plants detennined by the State agency or the Secretary to be endangered or threatened; (B) the State agency has established acceptable conservation programs, consistent with the purposes and policies of this [ESA], for all resident species of plants in the State which are deemed by the Secretary to be endangered or threatened, and has furnished a copy of such plan and * program, together with all pertinent details, infonnation, and date requested to the Secretary; (Q the State agency is authorized to condua investigations to determine the status and requirements for survival of resident species of plants; and (D) provision is made for public participation in designating resident species of plants as endangered or threatened ... Such a program has been authorized in California based on the state ESA; the Native Plant Proteaion Art, and California Native Desert Plants Aa. Final 6-95 A-7 ^ CaWsbad^f iCA HCP/OMSP A-8 The plant conservation program proposed in the HCP/OMSP is based on the assumption that the authorized state program in California provides mechanisms for approving take of federally as well as state listed plants. /. Special Rule for the Coastal California Gnatcatcher m The special 4(d) rule for the gnatcatcher was proposed in March 1993 and, m following an extended public review period, was adopted in December 1993. As published in the Federal Register on December 10, 1993, the final rule reads as follows: m (1) Except as noted in paragraphs (b)(2) and (3) of this seaion, all prohibitions of §17.31 (a) and (b) shall apply to the coastal California gnatcatcher. * (2) Incidental take of the coastal California gnatcatcher will not be * considered a violation of seaion 9 of the Endangered Species Aa of 1973, as amended (Act), If it results from artivities condurted pursuant to the State of California's Natural Community Conservation Planning Aa of 1991 •» (NCCP), and in accordance with a NCCP plan for the proteaion of coastal .j^ sage scrub habitat, prepared consistent with the State's NCCP Process Guidelines, provided that: ^ (i) The NCCP plan has been prepared, approved, and implemented ** pursuant to California Fish and Game Code seaions 2800-2840- and . MM (ii) The Fish and Wildlife Service (Service) has issued written concurrence that the Natural Community Conservation Plan meets the standards set forth in SO CFR 17.32(b)(2). The Service shall ^ issue its concurrence pursuant to the provisions of the Memorandum of Understanding (MOU) dated December 4, 1991, mm between the California Department of Fish and Game and the Service regarding coastal sage scrub natural community * conservation planning in southern Califomia The Service shall monitor the implementation of the NCCP plan and may revoke its ** concurrence under this paragraph (b)(2)(ii) if the NCCP plan, as implemented, fails to adhere to the standards set forth in 50 CFR 17.32(b)(2). (3) During the period that a NCCP plan referred to in paragraph (b)(2) of ** this seaion is being prepared, incidental take of the coastal California • gnatcatcher will not be a violation of seaion 9 of the Aa if such take occurs ^ within an area under the jurisdiaion of a local government agency that is enrolled and aaively engaged in the preparation of such a plan and such results from aaivities conduaed in accordance with the NCCP * Conservation Guidelines and Process Guidelines. * m m Final 6-95 tP IB Carlsbad-FLCA HCP/OMSP Appendix A wm - — (4) The Service will monitor the implementation of the NCCP Conservation ^ and Process Guidelines as a whole, and will condua a review every 6 months to determine whether the guidelines, as implemented, are effeaive *^ in progressing toward or meeting regional and subregional conservation *• goals during the interim planning period. If the Service determines that the guidelines are not effeaing adequate progress toward or meeting regional and subregional conservation objeaives, the Service with consult with the ^ California Department of Fish and Game pursuant to the MOU to seek appropriate modification of the guidelines or their application as guidelines as defined herein. If appropriate modification of the guidelines or their application as defined therein does not occur, the Service shall revoke the interim take provisions of this special rule on a subregional or subarea basis. The Service will publish findings for revocation in the Federal Register and provide for a 30-day public comment period prior to the effeaive date for m revoking the provisions of the special rule in a particular area. Revocation would result in the reinstatement of the take prohibitions set forth under 50 CFR 17.31(a) and (b) in the affeaed NCCP area. The HCP/OMSP is intended to fulfill 4(d) rule requirements as an OMSP that is m* an NCCP-equivalent. With USFWS'Ss concurrence that the plan meets NCCP Guidelines, which in turn requires USFWS'S concurrence that the plan as an ** OMSP meets Seaion 10(a) criteria, take of gnatcatchers would be allowed in the plan area. *• 2. Migratory Bird Treaty Act The MBTA makes it unlawful to pursue, hunt, capture, kill, or possess or attempt to do the same to any migratory bird or part, nest, or egg of such bird listed in wildlife proteaion treaties between the United States and Great Britain, United **" Mexican States, Japan, and the Union of Soviet States. As with the federal ESA, the aa also authorizes the Secretary of the Interior to issue permits for take. The procedures for securing such permits are found in Title 50 of the CFR, together with a list of the migratory birds covered by the aa. The HCP/OMSP is designed to ensure compliance with the MBTA by avoiding direa harm to bird species of concem covered by the aa. 3. Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Art authorizes the Secretary of the Interior to: 1. Provide assistance to and cooperate with federal, state, and public or private agencies and organizations: (a) in the development, proteaion, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, (b) in controlling losses of the same from disease or other causes, (c) in minimizing damages from overabundant species. Final 6-95 A-9 Appendix A Carlsbad-FLCA HCP/OMSP id) in providing public shooting and fishing areas, including easements across public lands for access thereto, and ^ (e) in carrying out other measures necessary to effeauate the purposes of ^ said seaions; m 2. Make surveys and investigations of the wildlife of the public domain, •» including lands and waters or interests therein acquired or controlled by ^ any agency of the United States; and 3. Accept donations of land and contributions of funds in furtherance of the ^ purposes of said seaions. *• The Aa's stated purpose is to: 1. Recognize the contribution of the wildlife resources to the nation, the increasing public interest and significance thereof due to the expansion of * the national economy and other faaors; and 2. Provide that wildlife conservation receive equal consideration and be coordinated with other features of water-resource development programs. Specifically, the aa requires that, except for water impoundment projects less than 10 acres in size and federal projects on federal lands, all federal agencies must consult with USFWS and the head of the state wildlife agency with jurisdiaion over the projea area with a view to preventing loss of and damage to and providing for the development and improvement of wildlife resources. The reports and recommendations from such consultations must be included in any documents prepared as part of the approval process for the projea and must be considered prior to approval being given. The aa further authorizes federal agencies responsible for the construaion or operation of water<ontrol facilities to modify or add to the struaures and operations of such facilities and acquire lands in order to accommodate the wildlife conservation measures. The HCP/OMSP assumes that the Fish and Wildlife Coordination Aa authorizes USFWS'Ss aaive participation in the implementation of the plan, together with the Conference Report on Seaion 10(a), expresses the intent of the federal * government to support the conservation of habitats for non-listed as well as m listed species. WWk 4. Section 404 of the Clean Water Act Seaion 404 of the Clean Water Aa, which is administered by the U.S. Army "* Corps of Engineers (COE), regulates the discharge of dredged and/or fill material m into the waters of the United States. The term "waters of the United States" generally defines COE's jurisdiaion and is defined at 33 CFR Part 328 as: 1. All navigable waters (including waters subjert to the ebb and flow of the * tide); IP 2. All interstate waters and wetlands; mt A-10 Final 6-95 P tti Carlsbad-FLCA HCP/OMSP Appendix A 3. All other waters such as intrastate lakes, rivers, streams (including intemiittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruaion of which could affea interstate or foreign commerce; 4. All impoundments of waters mentioned above; 5. All tributaries to waters mentioned above; 6. The territorial seas; and 7. All wetlands adjacent to waters mentioned above. Wetlands are further defined at 33 CFR 328.3(b) as: those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support ... a prevalence of vegetation typically adapted for life in saturated soil conditions. The vegetation, soils, and hydrology of a wetland is further charaaerized in the manual used by COE as normally meeting the following three criteria: • More than 50 percent of the dominant plant species at the site must be typical of wetlands (i.e., rated as facultative or wetter in the National List of Plant Species that Occur in Wetlands); • Soils must exhibit physical and/or chemical charaaeristies indicative of permanent or periodic saturation (e.g., a gleyed color, or mottled with a matrix of low chroma indicating a relatively consistent fluauation between aerobic and anaerobic conditions); and • Hydrologic chararteristies must indicate that the ground is saturated to within 12 inches of the surface for at least five percent of the growing season during a normal rainfall year. Certain aaivities in wetlands or waters of the United States are automatically authorized by COE or granted a nationwide permit, provided they meet specific conditions. All impacts of 10 acres or more and aggregate wetland impacts greater than 1 acre require an individual permit. The permitting process entails consultation with federal agencies, public notice, and preparation of a projert alternatives analysis in accordance with guidelines issued by the U.S. Environmental Protertion Agency (EPA). EPA's guidelines are used as the primary environmental criteria for evaluating the necessity of the proposed aaivity and for determining the least damaging feasible alternative appropriate mitigation for unavoidable impacts. In accordance with the provisions of Seaion 404, Fish and Wildlife Coordination Aa, and, if federally listed species are present, Seaion 7 of the ESA, COE also is required to consult with USFWS prior to aaing on a permit. The HCP/OMSP provides a framework to coordinate the proteaion of wetland habitats and the mitigation for authorized impacts to such habitats within the plan area. However, the HCP/OMSP is not being submitted for approval as part of an application for a nationwide or individual permit or other form of 404 authorization from COE for projects or aaivities in the plan area. Final 6-95 A-11 m Appendix A Carlsbad-FLCA HCP/OMSP B. California Wildlife and Habitat Conservation Laws State conservation taws that most direaly pertain to the HCP/OMSP include the California ESA, Native Plant Proteaion Aa, NCCP Aa, and streambed alteration laws. 1, California Endangered Species Act The California ESA is part of the Fish and Game Code. Key seaions that pertain to the HCP/OMSP include: • Seaions 2070-2079, which cover the state listing process; 4b Seaion 2080, which prohibits the taking, importation, or sale of state listed species; *• Seaions 2081 and 2053, which authorize California Department of Fish ** and Game (CDFG) to allow take that is for scientific, educational, or m management purposes through memoranda of understanding (MOUs) and specify state policy regarding projects with impacts to listed species; and » • Sections 2090-2097, which cover the state consultation process, a. Sections 2070-2079 m Seaions 2070-2079 of the California ESA specify the process by which species are proposed for listing as threatened or endangered or as candidates for such listing. Unlike the federal law, however, the state law does not specify faaors that could trigger a listing. Instead, state law requires the CDFG to recommend and the Fish and Game Commission to adopt criteria for determining a species' status. m The HCP/OMSP anticipates the future state listing of species known or expeaed to occur in the plan area. It also should be emphasized the plan has been prepared under the NCCP Aa, which is intended to preserve natural communities in a way that will preclude the need to list certain species as threatened or endangered. b. Section 2080 Similar to Seaion 9 of the federal ESA, Seaion 2080 of the state law prohibits the import, export, take, possession, purchase, or sale of listed species unless explicitly authorized by other provisions of the law. However, the state restriaions on take differ from those under federal law in two key ways: 1. Take is defined simply as "to hunt, pursue, capture, or kill or attempt the same;" the terms "harm" or "harass" are not used; and '^•12 Final 6-95 • Carisbad^tCA HCP/OMSP Appendix A mt 2. Take of species designated as candidates for state listing is prohibited for the one-year period during which the final listing decision is made (federal law does not prohibit the taking of species proposed for federal listing). «M In the HCP/OMSP, where state and federal definitions of take differ, the more restriaive of the two has been applied. c. Sections 2081 and 2053 Seaion 2081 authorizes CDFG to enter into management agreements with "individuals, public agencies, universities, zoological gardens, and scientific or * educational institutions, to import, export, take or possess species for scientific, ^ educational or management purposes." In general, a 2081 management agreement is similar to an implementing agreement for a 10(a) permit in that it is a legal contraa with CDFG regarding implementation of conservation and mitigation measures. The agreement typically is prepared in which the parties seeking the authorization for take provide CDFG with the same information tw required for consultation under Seaions 2090-2097 (see below). The state ESA, however, does not specify the contents of or approval criteria for such agreements other than the requirement that the agreements can be approved ^ only if they comply with Seaion 2053. »m Seaion 2053 stipulates that: *• ... it is the policy of the state that state agencies should not approve , projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruaion or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitats which would prevent jeopardy. Furthemiore, it is the policy of the state and the intent of the Legislature that M reasonable and prudent alternatives shall be developed by the department, together with the projea proponent, and the state lead agency, consistent with conserving the species, while at the same time maintaining the projea purpose to the greatest extent possible. •« If the species also is federally listed, CDFG's praaice has been to accept an HCP prepared for a federal 10(a) permit as the basis for the management agreement if it contains information that is sufficient for purposes of Seaion 1^ 2081 and 2053. Following review by both CDFG and the State Legal Advisors Office, the agreement is signed by the Direaor of CDFG. IM Consistent with NCCP Guidelines for OMSPs, the HCP/OMSP is intended to *• meet the requirements of a 2081 management agreement for the species of concern. ^ d. Sections 2090-2097 Seaions 2090-2097 of the state ESA require state lead agencies to consult with m CDFG on projects with potential impacts on state-listed species and incorporate by reference Seaion 21104.2 of CEQA. (CEQA requires state lead agencies to consult with and obtain written findings from CDFG when preparing an F;na/6-95 A-13 m Appendix A Carlsbad-FLCA HCP/OMSP environmental impaa report [EIR] for a projert that affects a state listed species.) These seaions also require CDFG to coordinate consultations with USFWS for aaions involving federally as well as state listed species, and whenever possible, to adopt the federal biological opinion as its findings in such * consultations. ^. To make its written findings on projects involving listed species, CDFG requires that the following information be presented: <«» 1. A full description of the projea area and projea impaa area, including j,* maps. 2. Known and potential distribution of endangered and threatened species in the projea area and projea impaa area, based on recent field surveys ^ conduaed in compliance with Fish and Game guidelines. n* 3. Additional information on the species' distribution and habitat, based upon * literature, scientific data review, and discussions with experts. ^ 4. Analysis of possible effects of the proposed projea on listed species, m including cumulative effects. m 5. Analysis of alternatives designed to reduce or eliminate impacts to endangered and threatened species. ** tm A specific format for the data is not stipulated, but the information must be presented clearly. CDFG then applies the following questions to the projea: * IMk 1. Would a viable or recoverable population be eliminated, or would a significant proportion of a population be adversely affeaed by the projea m or the projea's effects? 2. Would the range of the species be significantly diminished by the projert? ^ 3. Would habitat used by the species be reduced In quantity or quality by ^ either the immediate or future effects of the projert? mt. 4. Would a species' access to its habitat be reduced or rendered more ^ hazardous as a result of the projea? mm 5. Would the projea adversely affea current or future efforts at providing proteaion for the species? 6. Would plans for recovery or eventual delisting of the threatened or * endangered species be adversely affeaed by the projea? 7. Would the projea interfere with reproduaive or other behavior of the " endangered or threatened species? ^ 8. Would the projea cause extinaion of the species? To support a no jeopardy finding, the answers to all of the questions must be no. A yes answer to any of the questions is considered the basis for an initial assumption that a threatened or endangered species would be jeopardized. ill ^''^^ Final 6-95 P m m Car/sbad-f tCA HCP/OMSP Appendix A Final determination of whether or not jeopardy would occur is based on the degree to which the projea would increase the risk of extinaion, limit options for immediate proteaion, or decrease the likelihood of future recovery. For planning purposes, the questions posed in the 2090 consultation have been used to scope potential impacts of the projects and aaivities covered by the HCP/OMSP. 2. Native Plant Protection Act The Native Plant Proteaion Aa includes measures to preserve, protea, and enhance rare and endangered native plants. The definitions of "rare" and "endangered" in the plant aa differ from those in the state ESA, but the list of proterted native plants encompasses ESA candidate, threatened, and endangered species. The plant art also includes its own restrirtions on take, stating that "[n]o person shall import into this state, or take, possess, or sell within this state" any rare or endangered native plant, except as provided in the art. The exception is where a land owner has been notified of the presence of a ^ proterted plant by CDFG and is required to notify CDFG at least 10 days in advance of changing land uses to allow CDFG an opportunity to salvage the *• plants. Salvaging typically is planned and authorized in conneaion with consultations triggered by Seaions 2090-2097 of the state ESA and Seaion 21104.2 of CEQA. m In the HCP/OMSP, the Native Plant Proteaion Aa has been assumed to apply #• to all state and federally listed plants and all candidates for such listing in the ^ plan area. 3. Natural Communities Conservation Planning Act The NCCP Aa was approved in 1991 and took effert January 1, 1992. In ^ general, the aa authorizes the preparation and approval of conservation plans for communities of plants and wildlife, with Seaion 2835 explicitly providing for the authorization of take of listed species covered by such plans. Currently, the NCCP program is focused on the coastal sage scrub community in southern Califomia, which includes a broad range of sensitive plant and wildlife species. a. Purpose and Focus to The primary purpose of the NCCP program is to preserve local and regional biological diversity, reconcile urban development and wildlife needs, and meet the objeaives of the state and federal ESAs by conserving habitat before species are on the brink of extinaion. As stated in the planning and conservation guidelines prepared by CDFG and the Scientific Review Panel (SRP) appointed as technical advisors, the NCCP process is designed to: • Promote coordination and cooperation among public agencies, landowners, and other private interests; • Provide a mechanism whereby landowners and development proponents can effeaively participate in the resource conservation process; Final 6-95 A-15 Appendix A Car/sfaad-ftCA HCP/OMSP m • Provide a regional planning focus which can effeaively address cumulative impaa concerns, minimize habitat fragmentation, and promote multiple ** species management and conservation; • Provide an option for identifying and ensuring appropriate mitigation for *»' Impacts on fish and wildlife; m • Promote the conservation of broad-based natural communities and species « diversity; and • Provide for efficient use and proteaion of natural and economic resources * while promoting greater public awareness of important elements of the state's critical resources. As also stated in the guidelines, NCCPs are intended to: » 1. Protea sufficient coastal sage scrub habitat to ensure the long-term survival ^ of designated "target" species associated with the habitat; 0 2. Be based on biological data on the distribution, abundance, and habitat m requirements of the designated target species; ^ 3. Include habitat enhancement and proteaion measures for small as well as large parcels of lands; and " Im 4. Satisfy the requirements of the federal and state ESAs for any listed species. w The "target" coastal sage scrub species recommended by the SRP include but II are not limited to: the coastal California gnatcatcher, the caaus wren, and the orange-throated whiptail. The SRP also has identified other sensitive species associated with coastal sage scrub habitat and has prepared biological field survey guidelines for use in the planning process. The HCP/OMSP is intended to serve the above-stated purposes of an NCCP f within the plan area. In addition, the NCCP list of target and sensitive species % has been used in the identification of species of concern that should be covered by the plan. H 6. Process Guidelines for NCCPs and OMSPs w NCCP Process Guidelines developed in 1992 and 1993 were adopted by CDFG 0 in November 1993, concurrent with USFWS publication of the final special 4(d) rule for gnatcatchers. In general, the Process Guidelines recommend that §§ conservation planning for coastal sage scrub communities be conduaed in a series of ten to twenty subregions through a process that: • Encourages maximum cooperation between landowners, local governments, and conservation interests; and • Allows local governments to adapt the NCCP process to their existing administrative processes relating to plan preparation, public participation, public hearing, and environmental review. m m ^•"•^ Final 6-95 Carlsbad-FLCA HCP/OMSP Appendix A The recommended planning process entails six steps: 1. Enrollment of local governments and landowners in the NCCP program; 2. Designation of NCCP subregional boundaries by local governments and landowners who have enrolled in the NCCP program, with each subregion of sufficient size and diversity to meet the guidelines set by the SRP and CDFG; 3. Establishment of a coordinated process for the preparation, review, and approval of each subregional NCCP, with the process specified in a planning agreement signed by the participating local agencies, landowners, CDFG, and USFWS; 4. Formulation of the conservation plan through a public planning process, with opportunities for public participation that equal or exceed those ^ provided by existing ordinances, public notice and hearing requirements, m and related laws; •» 5. Preparation and approval of an implementing agreement that specifies all ^ terms and conditions of aaivities under the NCCP plan; and ^ 6. Preparation of appropriate CEQA and NEPA documentation for the aaions to be taken on the plan, with the lead agency responsibilities and type of documentation identified in the planning agreement. ** The guidelines do not specify a format for individual plans but require that the iM following components be included: — 1. Maps and text that clearly present: (a) the boundaries and extent of the area included in the subregional NCCP; (b) existing coastal sage scrub habitat within the subregion; (c) the distribution of target species populations within the subregion and the presence of other sensitive species; (d) quantitative and qualitative assessments of the coastal sage W scrub habitat required by the designated target species; (e) proposed land uses or other aaivities that would affea coastal sage scrub habitat. mm 2. A habitat conservation and management component that includes: (a) a range of habitat proteaion and management options that have been *- evaluated for their effeaiveness; (b) criteria for habitat conservation and ^ mitigation that treat all of the target species as listed species; (c) policies for habitat proteaion and management, including short-term and long-term p« aaions to mitigate identified impacts; (d) evaluations of potential alternatives to planned development or other aaivities that would result in incidental take of target species; and (e) a recommended habitat conservation plan. mm M 3. An implementation component that includes: (a) a phasing program designed to assure the long-term proteaion of habitat and open space corridors over time; (b) funding measures; (c) a mitigation monitoring program that satisfies CEQA requirements and is adequate to measure the effeaiveness of plan implementation; and (d) procedures to address the « effects of unforeseen circumstances. Final 6-95 A-17 Appendix A Carlsbad-FLCA HCP/OMSP The guidelines also recognize pre-existing conservation planning efforts as NCCP equivalents, provided that four conditions are met. 1. The planning effort was funded and underway at the time that the NCCP ^ Aa became effeaive Oanuary 1, 1992), as documented by a memorandum of understanding, an- agreement, a statutory exemption, or other formal process. mt 2. The plan protects coastal sage scrub habitat and/or contains a mitigation agreement approved by CDFG pursuant to a prior planning effort, and the ^ plan substantially achieves the objeaives of the NCCP Aa, meaning that the plan provides assurance that coastal sage scrub habitat and named species will be proteaed to a degree substantially equivalent to an NCCP prepared under the guidelines. * m 3. CDFG approves the plan, and the plan meets Seaion 2081 requirements for named species of concern. m 4. USFWS approves the plan, and it provides the equivalent of Seaion 10(a) HCP requirements for the named species of concern. Such efforts are termed "on-going multi-species plans" and may differ from * subregional NCCPs in one or more of the following ways: m 1. The plan covers species and habitats in addition to those in the coastal m sage scrub community; IP 2. The boundaries of the planning area are different from, those for NCCP ^ subregions (but have been previously approved by CDFG and do not significantly impair long-term opportunities for conserving coastal sage _ scrub region-wide); m 3. Survey methodologies differ from NCCP guidelines but have been approved by CDFG; and ^ % 4. Timing requirements differ from the target NCCP milestones. m The HCP/OMSP qualifies as an OMSP under the Process Guidelines for the n following reasons: 1. Preparation of the plan was funded and underway in 1991; * 2. The planning process was initiated in accordance with memoranda of agreement with both USFWS and CDFG; • m 3. Coastal sage scrub habitat and its associated species are the primary focus of the plan; VP 4. USFWS and CDFG have participated in the planning process, including review of the survey methodologies and preserve design; -^^ 5. The plan is designed to meet federal Seaion 10(a) and state Seaion 2081 * requirements for the species of concern; and ^ m A-18 Final 6-95 m m ^ Car/sbad-FtCA HCP/OMSP Appendix A mm 6. The plan is designed to help attain key conservation goals of two larger- *" scale OMSPs enrolled in the NCCP program, the subregional North County ^ MHCP and subarea Carlsbad HMP. ^ c. Coastal Sage Scrub Conservation Guidelines ^ As part of the Process Guidelines, CDFG also adopted conservation guidelines ^ that focus on minimizing short-term losses of coastal sage scrub habitat while a long-term enhancement and conservation program is being formulated. Under this strategy, interim loss would be limited to 5 percent of the coastal sage scrub ^ habitat in any subregion. Implementation of the strategy would occur in the following sequence: 1. In each subregion where an NCCP would be prepared, a planning body *" would be established according to the approved NCCP Process Guidelines. IM 2. Working in consultation with USFWS and CDFG, the subregional planning body would define the boundaries of the area to be included in the subregional NCCP. 3. An inventory of coastal sage scrub habitat and species would be completed jM for the subregion. ** 4. All natural lands within the subregion would be evaluated for their long- term conservation based on the method described below. 5. The amount of coastal sage scrub within the subregion would be calculated, verified by USFWS and CDFG, and used to compute the ^ allowable 5 percent interim loss. m m m 6. A central clearinghouse for data on habitat loss would be established within the subregion, and that entity would advise the local land use jurisdiaions, USFWS and CDFG regarding aaual and anticipated impacts to coastal sage scrub within the subregion. 7. Interim mitigation requirements would be established for all development of coastal sage scrub habitat, either through a subregional NCCP planning agreement or other written document requiring the concurrence of USFWS and CDFG. 8. The subregional planning body would work to identify and fill data needs for long-term planning, using SRP conservation guidelines in the process. 9. The subregional NCCPs would then be completed according to the approved process guidelines. *• The evalulation of the long-term conservation value of coastal sage scrub would include an analysis of all lands with natural habitats in the subregion or subarea, including forestlands, brushlands, native and non-native grasslands, non- irrigated grazed land, and vacant or disturbed natural land. Lands subjea to intensive agriculture and urban uses would be excluded. Coastal sage scrub iM would be identified based on the presence of primary or secondary cover Final 6-95 A-19 Appendix A Carlsbad-FLCA HCP/OMSP charaaeristics, and the effeaive size of coastal sage scrub patches would be determined by assays of natural habitat and clusters of coastal sage scrub within a one or two mile diameter circle. Proximity to other habitat patches would be measured as a direa, straight-line distance, with the appropriate scale * determined for each subregion. Landscape linkages also would be determined ^ by drawing geometric corridors that connea each higher value area to the closest two or three other higher value areas. The presence of species also i^ would be taken into account, with higher value assigned to areas that support ^ significant populations of target species, highly endemic species, or rare sub- habitat types. In this way, areas within an NCCP subregion would be ^ determined to have higher, intermediate, or lower potential value for long-term conservation. Development would be constrained on the higher value area until the NCCP is completed; development in intermediate areas would be evaluated on a case-by<ase basis; and development on lower potential areas * would be allowed with appropriate mitigation. m The HCP/OMSP proposes a permanent, adaptive conservation strategy for m coastal sage scrub and other resources within the plan area; the measures would ^ be implemented over time, but the proposed conservation program is not "interim" as defined in NCCP Conservation Guidelines. Consistent with the ^ guidelines for OMSPs, the habitat evaluation process used in preparation of the plan differs from but is consistent with the intent of the coastal sage scrub conservation guidelines. Specifically, the HCP/OMSP incorporates by reference the habitat evaluation conduaed for the HMP and North County MSHCP. * 4. Streambed Alteration Laws w Seaions 1600-1603 of the California Fish and Game Code regulate all diversions, obstruaions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake in California that supports fish or wildlife. "Stream" * is defined in CDFG regulations as: m a body of water that flows at least periodically or intermittently through a i» bed or channel having banks and supports fish or other aquatic life. This ^ includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation. ^ CDFG jurisdiaion within altered or artificial waterways is based on the value of those waterways to fish and wildlife and generally mirrors that of COE under Seaion 404 of the federal Clean Water Aa. Under state law, CDFG must be ^ contaaed for a streambed alteration agreement for any projea that may impaa * a streambed or wetland. Public agency projects are addressed under Seaion 1601 of the Code; private seaor projects are addressed under Seaion 1603. • The HCP/05MP provides a framework to coordinate the proteaion of water- related habitats and the mitigation for authorized impacts to such habitats within the plan area. However, as in conneaion with the federal Clean Water Art, the plan is not being submitted as part of an application for any individual or comprehensive agreement with CDFG under these seaions of the Fish and Game Code. m m m A-20 Final 6-95 fl m Carlsbad-FLCA HCP/OMSP Appendix A C. Federal iand State Environmental Documentation Requirements Both federal and state documentation and impaa analysis requirements pertain to the HCP/OMSP. 1. National Environmental Policy Act The National Environmental Policy Aa (NEPA) requires federal agencies to evaluate the effects of their proposed aaions on the human environment in a written statement that addresses: 1. The environmental impaa(s) of the proposed aaion; 2. Any adverse environmental effects that cannot be avoided should the proposed aaion be implemented; 3. Alternatives to the proposed aaion; 4. The relationship between short-term uses of the human environment versus the maintenance and enhancement of long-term produaivity; and 5. Any irreversible and irretrievable commitments of resources that would be involved if the proposed aaion is implemented. Compliance with NEPA generally begins with an internal "scoping" process. If a preliminary review indicates that the proposed aaion has no or minimal environmental impacts, then a "categorical exclusion" may be determined and no further environmental documentation is required. If the review indicates that the proposed aaion may have significant effects, then an environmental assessment (EA) or an environmental impaa statement (EIS) must be prepared. An EA is prepared when the preliminary review indicates that the proposed aaion is not likely to have significant impacts; an EIS is prepared when the expeaed impacts are significant. Appropriate NEPA documentation for USFWS'Ss aaion on the HCP/OMSP will ^ be prepared jointly with that required under state law, *" 2. California Environmental Quality Act ^ Similar to NEPA, the Califomia Environmental Quality Aa (CEQA) requires state agencies empowered to make discretionary decisions to evaluate the ^ environmental effects of a proposed projea before rendering a decision. The evaluation begins with an initial study that includes: m 1. A description of the project, including the location of the projea; mm 2. An identification of the environmental setting; Final 6-95 A.2i Appendix A Carlsbad-FLCA HCP/OMSP •» an 3. An identification of environmental effects by use of a checklist, matrix, or other method; 4. A discussion of ways to mitigate the significant effects identified. If any; * m 5. An examination of whether the projea would be consistent with existing zoning, plans, and other applicable land use controls; and w 6. The name of the person or persons who prepared or participated in the Initial Study. ^ If one or more significant impacts are identified, a detailed environmental '* impaa report (EIR) must be prepared. If no significant impacts are determined or if all of the significant impacts can be mitigated, a negative declaration is ^ prepared. CEQA also requires that a negative declaration or draft EIR be » prepared if a projea has statewide, regional, or areawide significance and defines projeas that would substantially affea sensitive habitats as projects of • areawide significance. ^ CEQA documentation for the City of Carlsbad's aaion on the plan will be ^ prepared jointly with the NEPA documentation for USFWS'S decisions. In accordance with the CEQA and the NCCP Aa, the joint environmental documentation also will be considered by CDFG in its decisions on the plan. m m m m m m IP m m m m A-22 Final 6-95 B m