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Home My WebLink AboutCT 98-10; Carlsbad Raceway Business Park; Tentative Map (CT) (16)W o UN S oo r~-oo OH S fc_J OHES-; OHQffi &w« w oo(N WH § OH u fa -a«S 3 o-C 03 U111£ .2 § OS -S S U • Si,-a "p c >> k'fil.a S g.C to 35 1-B og « u § .2P &S-tJ P ^S^t« J= .*;0 g *03 &^3C c U ao-S c -^S -S S ooS c ,9 o> u o ^ ^ E c N Sgl|JJ > « "opC C 03 <UH S ^s oo «-a £ £ _0 •a co • S BS §S 6•> « OiS 0c Sg CO J3 ^00 SO tt.S § S | *r- CCII 60q 1 | §Hug ion Measure•*ri?t.S0 1 c~~^ ID60 p.s S•a >2 S0| 60C SIDc '5b w •gu oC_toE "cOJ3w k4ID OH_O 'o in > S1rtj C3•s »11 e£ gpto C 51to s ^<2 J!^ c<§0 T3 to the recordatiedicate, and bontH ~O0 „ AH .SPOT. IDtB T3 1 be constructed as a Prime Arterial"« w u> Q Don 0Ui"-ISS • S£ *•£3 05 the Carlsbad / Vista boundary so1alomar Airport Road. Additionaling terminus atntersection of Pw11 (HCO _O "cO OH •*-»CO T3 CO ID> < a '£u«C 1 to "O.a 1 s-*n 0a oi§ t; — oE.&S •< cto V)CO " Street) shall be constructedm u < COttIDt/3C'oOH • UenJ2*fl3s 2 ID P ^« & crtU2 1Crt ffl 1 strial CollectorT3 1 S « 9 widening may be required aintersection to accommodate turne. Additionalsettia / Melrose> c'C 'S Q PH ID> t_iQ >>to ments to Faraday Ave at Melroselimited to: Additional right ofsection improvet-i<D15 • o .£> .s•T3 ^"o ~a opt/i , lane configuration, traffic :>.to •oCO2 "« o •o•oto >>to -a ter-connect, street signs, and roa.S "8CO ^o '•4-tto« ^ ofC -PC 1A E 00 £.35n ^ t_00 T3 OI s % c"S S5 -5 ">^ •= oo II 'u € §= sI'5 "2c n ,°u E <-P c n£ = H B-S- c Ji ^ cd C OU S.2 c c •P o '" "oj •—e-g (A SE0>* | T3 "3 G C ^ Cu g"B t-H § C C Ja S MS •3 ~5 •2 t'3 2o g S Q c >H i— I fllO Q 0 H S igation Measure§ o> _~ o> o n of final map, Faraday Ave. shalld as a Secondary Arterial to be constructappropriate agency permissions, fromthe City of Vista west of Melrose Drivein the City of Carlsbad at Orion Way.Prior to recordatiofinancially guarantee*as specifled in theexisting terminus inthe existing terminus* "c--. u M E• S <a•a >ra ot- C °| c'Cuu.C'5bc ^o ,C S3J3 ^3 T3 E_ >>co a c a § T: c n^3 rt <U ^-^I*1!* •f ^ g .1 6 "1| ^ o ° o *— « "*^!§ « £ s•S ggS tl elc« o H ea&&S &S- M s.|ll l^«^ 1 s g Potential impacts tocompliance withRaceway/Palomar Fsummary NPDES sConsultants dated Juic\i 00c ed £ oi C1 u •* 'n a1o O ea J3 O.<S 3 | 'g § | T3 o -g,C^ ^OT3 "^ _ed C > "^ 0 E •• -2 -2 .T3W5 OC- O2 .S 13 **" !z T3 ob "^ S3 tS ^ >. •2 ^^2' § g^ •«>< ^^ £|S^ .S .S | S HI | "8 |1 -| l^ll |f || •pT30 °^ od<£ rag « oogO.S "J3 ^^ ^3? 1 §1 !» |l i§l! 31 i!||| ! 1! l§ II l?^l |l II 5 x E • • • • • • • co _o 00 c o 3 x: -2 ao ^1 = 1iii^^ l-s e n c<u r Q)a0)O Co•H O O V-l<D CX o. goo u < p.o. 11= 00 c 1 f0 ~o •a II «S3'.2 13c a. S-Sec CO 03£VerifiedImplementationShown onPlansop -g.5 u 2 1'3 <ao o" <u S Q B o u Mitigation MeasureI» Obtain all necessary permits from U.S. Army Corp ofEngineers, U.S. Fish and Wildlife Service, and CaliforniaDepartment of Fish and Game prior to final map approval.• Submittal of wetland and coastal sage scrub restorationprogram for approval by City and wildlife agencies prior toconstruction activities.• Prior to final map approval:• Provide an engineering and feasibility study for apotential wildlife crossing under Palomar Airport Road;• Either construct an acceptable wildlife crossing onStreet "B" or pay $100,000 to mitigate the effect of theStreet "B" crossing of the wildlife corridor if anacceptable crossing is not constructed;• Pay $225,865.90 to mitigate impacts to non-nativegrassland and southern mixed chaparral• If HMP is approved prior to final map approval, theengineering and feasibility study is not required and themitigation funds will be used for acquisition of acreage in thedesignated core area as described in the City's HMP.• If the HMP is not approved prior to final map approval, theCity in consultation with the wildlife agencies will determinethe most beneficial use of mitigation funds including but notlimited to: acquisition of acreage in the County Core area;construction of a wildlife crossing under Palomar AirportRoad; or other programs as determined by City to enhancehabitat preservation in the City.o Dat exo5 I g ll|„ pj 3GO O. £ o _; o " *f 4> rt C ^ £a. a a O CL on ao •£.S § 2 •§c 50 S 1 o E""1 ^Mitigation Measure£H M 2 "o. 3 00 o 43oa ; tentative map will be conditioned to require that theowing mitigation measures will be incorporated into projectssr to approval of the Planned Industrial Permit required forhlot.M <*- CX D Prohibit placement of mechanical equipment on roofsunless project incorporates architectural treatmentconsisting of architectural elements or parapets that are ofsufficient height and design to screen future mechanicalroof equipment.Prohibit installation of roof screens other than buildingparapets or architectural elements that are integrated intothe architectural design of buildings;Prohibit loading bays that are visible from Palomar AirportRoad or Melrose Drive.Require enhanced architectural treatment of all buildingelevations that are visible from Palomar Airport Road orMelrose Drive.c«P.a 60c '£ i £•gM > t.'S O 1 1 .ect, ongoing, cuDept. = Departnigation measure'g1 60 -g II o Q, g PS * p 3 ~OO '•5 1"E. oe o.c [/> 3 «ic op lans = When miialed and dated.c a. -.0 c .£ 1 i<2 °c ^• 13 C^ I g "Is sg s g?' §s ai o W X•— -t- so •32a OID U 03 =5 75 "i -a oo e-8C to a.x•5 I OJ OJ> oS 'g a u < E -a City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: North side of Palomar Airport Road between future Melrose Drive and the eastern City boundary. Project Description: A request for a General Plan Amendment to eliminate the Office (O) General Plan Designation and redesignate proposed open space to the Open Space (OS) General Plan Designation, a zone change to add Open Space zoning, a Tentative Tract Map, Hillside Development Permit, and Planned Industrial Permit for an 146 acre, 25 lot, industrial subdivision with 3 open space lots on property located north of Palomar Airport Road between the City's eastern boundary and future Melrose Drive. The project design includes a 400 foot wide north-south wildlife corridor that provides access to an east-west wildlife corridor within the northern portion of the property. Access to the industrial lots will be provided by construction of the remaining segment of Melrose Drive between Palomar Airport Road and the City of Vista boundary and the extension of Poinsettia Avenue from its existing westerly terminus in the City of Vista to Melrose Drive. No industrial buildings are proposed as part of the project. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 602-4622. DATED: CASE NO: CASE NAME: JULY 15, 2001 GPA 98-05/LFMP 87-18(B)/CT 98-10/HDP 98-09/PIP 01-01 CARLSBAD RACEWAY BUSINESS PARK PUBLISH DATE: JULY 15, 2001 MICHAEL J. HOLZMILL^R Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Gray Davis GOVERNOR STATE OF CALIFORNIA^ Governor's Office of Planning and Research State Clearinghouse ,ltf?Ultl,,. Steve Nissen DIRECTOR October 5, 2001 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Carlsbad Raceway Business Park - CT 98-10 SCH#: 2001071072 Dear Anne Hysong: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on October 4, 2001, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21 104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML State Clearinghouse Data Base SCH# 2001071072 Project Title Carlsbad Raceway Business Park - CT 98-10 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description A request for a General Plan Amendment to eliminate the Office (O) General Plan Designation and redesignate proposed open space to the Open Space (OS) General Plan Designation, a zone change to add Open Space zoning, a Tentative Tract Map, Hillside Development Permit, and Planned Industrial Permit for a 146 acre, 25 lot, industrial subdivision with 3 open space lots on property located north of Palomar Airport Road between the City's eastern boundary and future Melrose Drive. The project design includes a 400 foot wide north-south wildlife corridor that provides access to an east-west wildlife corridor within the northern portion of the property. Access to the industrial lots will be provided by construction of the remaining segment of Melrose Drive between Palomar Airport Road and the City of Vista boundary and the extension of Poinsettia Avenue from its existing westerly terminus in the City of Vista to Melrose Drive. No industrial buildings are proposed as part of the project. Lead Agency Contact Name Anne Hysong City of CarlsbadAgency Phone email Address City 760-602-4622 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County City Region Cross Streets Parcel No. Township San Diego Carlsbad Melrose Drive and Palomar Airport Road 221-011-03, -04, -05; 221-010-22 12S Range 3, 4W Section 12,13 Base Proximity to: Highways Airports Railways Waterways Schools Land Use I-5 McClellan/Palomar NCTD Pacific Ocean Carlsbad Raceway Planned Industrial (P-M) Planned Industrial/Office (PI/O) Project Issues Air Quality; Archaeologic-Historic; Drainage/Absorption; Public Services; Recreation/Parks; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Wetland/Riparian; Wildlife; Landuse; AestheticA/isual Reviewing Resources Agency; Department of Conservation; Department of Fish and Game, Region 5; Office of Agencies Historic Preservation; Department of Parks and Recreation; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission; State Lands Commission Date Received 09/05/2001 Start of Review 09/05/2001 End of Review 10/04/2001 Note: Blanks in data fields result from insufficient information provided by lead agency. DepaBnent of Toxic Substance^Control Edwin F. Lowry, Director 5796 Corporate Avenue .... , .,,,., Cypress, California 90630 _ ^ .Winston H. Hickox JK Gray Davis Agency Secretary Governor California Environmental Protection Agency n September 20, 2001 );' J i..: SEP 24 2001 :X; : l( Ms. Anne Hysong ! >" AT^7"~":7;7; ~--J j "^ City of Carlsbad —iit^f;: " ;CU:;:E j 1635 Faraday Avenue Carlsbad, California 92008 NEGATIVE DECLARATION FOR THE CARLSBAD RACEWAY BUSINESS PARK - CT 98-10 - (sch # 2001071072) Dear Ms. Hysong: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The ND needs to identify and determine whether current or historic uses have resulted in any release of hazardous wastes/substances at the site. 2) The ND needs to identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation and the government agency to provide appropriate regulatory oversight. 4) Since a significant hazard to the public may be associated with future uses of the site, potential uses and storage of hazardous materials should be addressed in the ND. A hazardous materials storage permit may be required from an appropriate regulatory agency that has jurisdiction to regulate hazardous substances handling, storage, treatment and/or disposal. Contact the Certified Unified Program Agency (CUPA) to evaluate the permit requirements. 5) Since a significant hazardous impact is expected, the potential exists for the inadvertent release of hazardous materials from the future uses and storage of hazardous material. It should be addressed in detail in the ND. The energy challenge facing California is real. Every Califomian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs; see our Web-site at www.dtsc.ca.gov. ® Printed on Recycled Paper Ms. Anne Hysong September 20, 2001 Page 2 6) The ND indicates that some areas within the proposed property may be affected by contamination from previous and current uses of former heavy equipment storage, ASTs, agriculture chemical residue, 55-gallon drums, Total Petroleum Hydrocarbons (TPH), and Polychlorinated Biphenyl (PCB). Any hazardous wastes/materials encountered during construction should be remediated in accordance with local, state, and federal regulations. Prior to initiating any construction activities, an environmental assessment should be conducted to determine if a release of hazardous wastes/substances exists at the site. If so, further studies should be carried out to delineate the nature and extent of the contamination. Also, it is necessary to estimate the potential threat to public health and/or the environment posed by the site. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. Because of a non- immediate threat, the final remedy should be implemented in compliance with state regulations and policies rather than excavation of soil prior to any assessments. 7) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project is planning to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 8) The ND indicates that the contaminated soil at property will be paved with asphalt parking lots and roadways. Indicate whether this option is approved by a regulatory agency as a remedial alternative. Otherwise, appropriate environmental studies should be conducted and the approval should be obtained from a regulatory agency to implement this alternative. If capping is the preferred remedial alternative, appropriate institutional controls such as a "deed restriction" should be placed on the property with the County Recorder's Office so that any future soil disturbance could be eliminated. Also, the integrity of the cap should be maintained. Therefore, an operation and maintenance plan should be implemented as a condition of approval of this ND. 9) The ND fails to address the remainder of the Hazards section checklist of the California Environmental Quality Act (CEQA) which includes the following questions: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • Would the project be located on a site which is included on a list of Ms. Anne Hysong September 20, 2001 PageS hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? • For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? • For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 10) If during construction of the project, soil and/or groundwater contamination is suspected, suspend construction in the area and implement appropriate Health and Safety procedures. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted and which government agency will provide appropriate regulatory oversight. DISC provides guidance for Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). Also, DISC is administering the $85 million Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN), which provides low-interest loans to investigate and clean up hazardous materials at properties where redevelopment is likely to have a beneficial impact to a community. The CLEAN program is comprised of two main components: low interest loans of up to $100,000 to conduct PEAs of underutilized properties, and loans of up to $2.5 million for the cleanup or removal of hazardous materials also at underutilized urban properties. These loans are available to developers, businesses, schools, and local governments. For additional information on the VCP or CLEAN program, please visit DTSC's web site at www.dtsc.ca.gov. If you would like to meet and discuss this matter further, please contact Ms. Rania A. Zabaneh, Project Manager at (714) 484-5479. Sincerely, Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: see next page Ms. Anne Hysong September 20, 2001 Page 4 cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 ^STATE OF CALIFORNIA - BUSINESS, TI RTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 11. P.O. BOX 83406. MAIL STATION 50. SAN DIEGO, 92186.5408Telephone: (819) 688-6954 Fax: (619)689-4299 October 1, 2001 TQjJl OCT -1 2001 ll-SD-078 PM9.1 (K.P. 14.6) Mr. Scott Morgan State Clearinghouse 1400 Tenth Street Sacramento, C A 95814 Dear Mr. Morgan: Draft ND for the Carlsbad Raceway Business Park - SCH 2001071072 The California Department of Transportation (Department) comments are as follows: • Section VI, Circulation, Page 17: Please provide the entire Carlsbad Raceway Industrial Park Transportation Analysis for review, • The transportation analysis should examine all State-owned facilities (freeway sections, interchanges, and intersections) on Interstate Route 5 (1-5) and State Route 78 (SR-78) that are affected by this project. • The transportation analysis should have been done in accordance with the Department's Guide for the Preparation of Traffic Impact Studies, dated January 2001 (TIS guide). Minimum contents of the traffic impact study are listed in Appendix "A" of the TIS guide. • Analyze all State-owned signalized intersections affected by this project using the intersecting lane vehicle {TLV) procedure from the Department Highway Design Manual Topic 406, page 400-21. • The level of service (LOS) for operating State highway facilities is based upon measures of effectiveness (MOE) (see Appendix "C-2" of the TIS guide). The Department endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" (see Appendix "C-3" of the TIS guide). If an existing State highway facility is operating at less than this target LOS, the existing MOE should be maintained. • If certain traffic mitigation projects are identified as appropriate, then the Department supports the concept of "fair share" contributions on the part of the developer. Our contact person for 1-5 and SR-78 is Erwin Gojuangco, Route Manager, at (619) 688- 6610. Sincerely, BILL FIGGE, Chief Development Review and Public Transportation Branch Gray Davis GOVERNOR DATE: TO: RE: T» STATE OF CALIFORNIA *" Governor's Office of Planning and Research State Clearinghouse ACKNOWLEDGEMENT OF RECEIPT September 20, 2001 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad Raceway Business Park - CT 98-10 SCH#: 2001071072 ? " Steve Nissen DIRECTOR This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: September 5, 2001 Review End Date: October 4, 2001 We have distributed your document to the following agencies and departments: California Highway Patrol Caltrans, District 11 Caltrans, Division of Aeronautics Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Department of Toxic Substances Control Native American Heritage Commission Office of Historic Preservation Public Utilities Commission Regional Water Quality Control Board, Region 9 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML STATE OF CALIFORNIA Gray Davis GOVERNOR DATE: TO: RE: Governor's Office of Planning and Research State Clearinghouse ACKNOWLEDGEMENT OF RECEIPT July 18, 2001 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad Raceway Business Park SCH#: 2001071072 f * Steve Nissen DIRECTOR This is to acknowledge that the State Clearinghouse has received your environmental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: July 13, 2001 Review End Date: August 13, 2001 We have distributed your document to the following agencies and departments: Air Resources Board, Major Industrial Projects California Coastal Commission California Highway Patrol Caltrans, District 11 Caltrans, Division of Aeronautics Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation Department of Toxic Substances Control Native American Heritage Commission Office of Historic Preservation Regional Water Quality Control Board, Region 9 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Gray Davis GOVERNOR STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse I *s Steve Nissen DIRECTOR August 24, 2001 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Carlsbad Raceway Business Park SCH#: 2001071072 Dear Anne Hysong: The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on August 13, 2001. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2001071072) when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 9l6-445-06l3 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML US Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 CA Dept. of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 (858)467-4201 FAX (858) 467-4299 *vj 9 4 In Reply, Refer to: FWS-SDG-2124.1 Ms. Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Comments on the Mitigated Negative Declaration for the Carlsbad Raceway Business Park Project in the City of Carlsbad, San Diego County, California (FWS-SD-2124) (Case No. GPA 98-05/LFMP 87-18(B)/CT 98-10/HDP 98-09/PIP 01-01) •50H*200/0~7fo'72' Dear Ms. Hysong: The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), the Wildlife Agencies, have reviewed the Mitigated Negative Declaration (MND) for the Carlsbad Raceway Business Park project and are providing these comments. The following comments are based upon that primary document, the supporting Biological Technical Report (dated September 16, 2000) prepared by Helix Environmental Planning (Helix), a site visit by John Martin of the Service on September 25, 2000, and a tour of the site on August 13, 2001, by Meredith Osborne of the Department accompanied by representatives of Helix and Hoffman Planning Associates. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), and is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Program. The project site is located in the northeast quadrant of the City of Carlsbad (City) on the Carlsbad Raceway property north of Palomar Airport Road. The property is currently surrounded by a combination of undeveloped natural land, industrially zoned property, and industrial or business developments. The northern portion of the property consists of an east/west canyon containing a tributary to Agua Hedionda Creek, which was previously diverted to flow adjacent to a dragstrip in the canyon bottom. The northern portion of the property, including the canyon, is a proposed Ms. Hysong (FWS-SDG-2124) hardline preserve area in the City's draft Habitat Management Plan for Natural Communities (HMP), which identifies it as part of Linkage Area D connecting core areas of wildlife habitat to the north and south of the property. The proposed project would develop 112 of the 145 acres of the property as a business park and retain the northern portion as open space. The plan also includes a minimum 400-foot wide wildlife corridor running from north to south along the east side of the property that would connect the east/west open space on the northern part of the property with preserved areas across Palomar Airport Road to the south. Preservation of existing coastal sage scrub andrevegetation of disturbed areas within the corridor would mitigate project impacts to sage scrub. Extensions of two existing roads are planned that would cross the designated open space. A twelve foot high undercrossing would be constructed where Melrose Avenue crosses the wildlife corridor on the western portion of the property. Poinsettia Avenue is proposed to be recessed below grade where it would cross the north-south portion of the corridor on the eastern half of the property. The Wildlife Agencies offer the following observations, comments, and recommendations to assist the City of Carlsbad in avoiding or minimizing impacts to biological resources: 1. The Wildlife Agencies are very concerned with the proposed crossing of the wildlife corridor by Poinsettia Road. Given the already constrained nature of this key wildlife corridor in the proposed HMP, there does not seem to be a compelling reason for the road crossing. Though the proposed recessing of Poinsettia Road below grade where it crosses the north/south wildlife corridor on the east side of the property may reduce the likelihood of direct mortality to birds as they cross over the road, terrestrial animals (mammals, reptiles, etc.), and to some extent birds, are likely to be adversely affected (through direct mortality and through fragmentation effects) in the resulting habitat fragments. The Wildlife Agencies propose that the road be constructed so that the paving ends in a cul de sac on either side of the corridor. Access for emergency vehicles could still be provided by a gravel road extending between the two cul de sacs. The function of an emergency access road is probably not incompatible with limited plant cover in the road. Given the importance of this corridor to the function of the proposed HMP preserve, we strongly urge that the integrity of the corridor not be compromised by the crossing of Poinsettia Road. 2. According to the MND, the proposed construction would directly impact 28 acres designated as non-native grassland and 21.6 acres of southern mixed chaparral. The Wildlife Agencies believe that the non-native grassland and chaparral are undervalued in the MND and the Biological Technical Report. Open grasslands provide valuable foraging areas for raptors, including sensitive species identified during the biological surveys [e.g., white-tailed kite (Elanus leucurus), Cooper's hawk (Accipiter cooperii), Loggerhead shrike (Lanius ludovicianus)} as well as probable occurring wintering raptor species [e.g., northern harrier (Circus cyaneus)}. Other state species of special concern, such as black-tailed jackrabbit (Lepus californicus bennettii), Burrowing Owl (Athene cunicularid), and California Horned Lark (Eremophila alpestris actia) use grassland habitat, and further loss of grasslands increases risk of endangerment for these and other species. Chaparral is a valuable source of Ms. Hysong (FWS-SDG-2124) cover for birds, reptiles, and mammals and also supports foraging raptors. Coastal California gnatcatchers are known to forage and occasionally nest in chaparral habitats, especially when contiguous with coastal sage scrub (Campbell et al. 1998). Chaparral on-site is likely to be used by gnatcatchers, as gnatcatchers occupy the site, and it contains coastal sage scrub as well as chaparral. Grassland habitat is clearly limited in extent within the City's jurisdiction. Cumulatively, raptor foraging habitat loss may be significant, and impacts to this resource warrant mitigation. Both non-native grassland and chaparral habitats are important to building the natural open space areas within the City, and a mitigation ratio of 1:1 for chaparral and 0.5:1 for non-native grasslands is consistent with mitigation requirements utilized in other parts of the County of San Diego. 3. Three gnatcatcher surveys of unspecified duration were conducted in 1998, and again in March 2001. No coastal California gnatcatchers were observed on site during the 1998 or 2001 surveys. However, during one of these surveys, a singing male was heard just north of the site in chamise chaparral, and on September 25, 2000, John Martin of the Service heard a gnatcatcher on the site. In light of recent observations of gnatcatchers in suitable habitat on- site and in contiguous suitable habitat immediately off-site, the site should be considered occupied by gnatcatchers. Impacts to coastal sage scrub and gnatcatchers need to be addressed through either a habitat loss permit; a habitat conservation plan pursuant to section 10 of the Act, or through a section 7 consultation if it is determined that a federal nexus exists. 4. Burrowing owls or their burrows were not detected on site during the 1998 biological surveys; however, no focused investigations were performed. The burrowing owl is a federal and state species of special concern and has been historically reported in the project vicinity (Carlsbad Oaks North Business Park). This species should be surveyed for prior to any grading activities on the property. 5. The proposed development would cause direct impacts to the sensitive plant species California adolphia (about 100 individuals, or approximately 50% of the on-site population) and summer holly (all 10 individuals on-site). These individuals should be salvaged and planted in the area of native vegetation to be conserved on-site. 6. The wetland mitigation program summarized in the MND was developed through cooperative negotiations between the applicant, the Service, the Department; and the City, as described in a letter dated July 1, 1998, from Helix to Julie Vanderwier of the Service, copied to David Lawhead and Terri Dickerson of the Department. The final MND should clarify the following: the type of wetland habitats that comprise the 1.28 acres reported in the second table on page 21 of the current document,,the third paragraph on page 21, and specify appropriate mitigation for the 0.24 acres of impacts to wetlands that are specified in the second table on page 21. The Department will finalize the wetland mitigation program through the Streambed Alteration Agreement process. Ms. Hysong (FWS-SDG-2124) The on-site, unnamed tributary to Agua Hedionda Creek and the smaller tributaries to this streambed are considered streams and wetlands and/or waters of the U.S. and the proposed project would require authorization from the Department, the Army Corps of Engineers, and the Regional Water Quality Control Board for impacts to these stream channels. The proposed project will-require a Section 1603 Streambed Alteration Agreement (SAA). The Department's issuance of an SAA for a project that is subject to CEQA will require CEQA compliance actions by the Department as a responsible agency. The Department, as a responsible agency under CEQA, may consider the City's MND for the project. To minimize additional requirements by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final MND should fully identify the potential impacts to the stream and riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. An SAA notification package may be obtained by writing to The California Department of Fish and Game, Environmental Services Division, 4949 Viewridge Avenue, San Diego, CA 92123 or by calling (858) 636-3160. In addition, the applicant may be required to obtain a permit pursuant to Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers as well. 7. The Wildlife Agencies recommend the use of native plants to the greatest extent feasible in the landscape areas adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The applicant should not plant, seed or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space area and/or wetland/riparian areas. Exotic plant species not to be used include those species listed on Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained by contacting the California Exotic Pest Plant Council at 32912 Calle del Tesoro, San Juan Capistrano, CA 92675-4427, or by accessing their web site at http://www.caleppc.org. 8. The Wildlife Agencies will need to review and concur with Coastal Sage Scrub and Wetland Revegetation Plans before the project may commence construction activities. Please provide a map in the final MND that shows where revegetatioh of both upland and wetland areas will occur. Ms. Hysong (FWS-SDG-2124) The Wildlife Agencies appreciate the opportunity to comment on the Mitigated Negative Declaration for the Carlsbad Raceway Business Park. If you have any questions, please contact Meredith Osborne of the Department at (858) 636-3163 or John Martin of the Service at (760) 431-9440. Sincerely, Nancy Gilbert V^ William E. Tippets Assistant Field Supervisor Environmental Program Manager Carlsbad Field Office South Coast Region U.S. Fish and Wildlife Service California Department of Fish and Game Literature Cited: Campbell, Kurt F., R. A. Erickson, W. E. Haas, and M. A. Patten. 1998. California Gnatcatcher use of habitats other than coastal sage scrub: conservation and management implications. Western Birds 29(4): 421-433. STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG753.5a(6-01) Lead Agency: County / State Agency of Filing: Project Title: 236872 Project Applicant Name: Project Applicant Address:"^' • ftfl rW*M Project Applicant (check appropriate box): Local Public Agency | | School Distric£fis* Othe Special District State Agency | | Private Entity 4 CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 ) Negative Declaration $1,250.00 ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 ) Projects Subject to Certified Regulatory Programs $850.00 ) County Administrative Fee $25.00 WJ) Project that is exempt from fees ^ I I TOTAL RECEIVE Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY GOLDENROD-STA*e AGENCY OF FILING Notice of Determination 0122 To:CITY OF CARLSBADOffice of Planning and K'seajih fl j s1 j rFjilom: P.O. Box 3044 Gregory J. Smith, Recorder/County Clerk Planning Department Sacramento, CA 95812 1635 Faraday Avenue M.K 2£% HhB I 0 2004 Carlsbad, CA! 9200ftM««G omRmn County Clerk BY WM TNT (760) 602-4600^ County of San Diego \ Attn: Karen Hernandez, Rm. 260 ^"-C 1600 Pacific Highway — —' San Diego, CA 92101 Project No: CT 98-10x1 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Carlsbad Raceway Project Title City of Carlsbad, Anne Hysong (760) 602- 4622 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Project Locations (include County): North of Palomar Airport Road between Melrose Drive and Business Park Drive in Local Facilities Management Zone 18. Name of Applicant: LS of Carlsbad Land, L.P. » Applicant's Address: Mathew Hill, c/o Hudson Advisors, LLC, 717 N. Harwood Street, Ste 2100, Dallas, Texas 75201 Project Description: A one year extension of a tentative map for a 28 lot industrial subdivision to allow for the final map to be approved. This is to advise that the City of Carlsbad has approved the above described project on February 18, 2004 , and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. MICHAEL J HOLZMILLfeR, Planning DfeectoVTHE OFFICE OF THE COUNTY CLERK Dale" San Disgo County on FEB 2 0 2004 Date received for filing at OPR: Posted _LIL2UOL_ Removed Returned to agency on _ Deputy _^_Jk_jn.___. Revised December 2001 City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: Project Description: North side of Palomar Airport Road between future Melrose Drive and the eastern City boundary. A request for a General Plan Amendment to eliminate the Office (O) General Plan Designation and redesignate proposed open space to the Open Space (OS) General Plan Designation, a zone change to add Open Space zoning, a Tentative Tract Map, Hillside Development Permit, and Planned Industrial Permit for an 146 acre, 25 lot, industrial subdivision with 3 open space lots on property located north of Palomar Airport Road between the City's eastern boundary and future Melrose Drive. The project design includes a 400 foot wide north-south wildlife corridor that provides access to an east-west wildlife corridor within the northern portion of the property. Access to the industrial lots will be provided by construction of the remaining segment of Melrose Drive between Palomar Airport Road and the City of Vista boundary and the extension of Poinsettia Avenue from its existing westerly terminus in the City of Vista to Melrose Drive. No industrial buildings are proposed as part of the project. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning Department at (760) 602-4622. DATED: CASE NO: CASE NAME: PUBLISH DATE: JULY 15, 2001 GPA 98-05/LFMP 87-18(B)/CT 98-10/HDP 98-09/PIP 01-01 CARLSBAD RACEWAY BUSINESS PARK JULY 15, 2001 MICHAEL J. HOt2MILM;R Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us