HomeMy WebLinkAboutSDP 2022-0003; FPC RESIDENTIAL - SB 330; BIOLOGICAL RESOURCES LETTER; 2022-09-22
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September 22, 2022
H.G. Fenton Company
Mr. Dave Gatzke 7577 Mission Valley Road San Diego, CA 92108
Subject: Biological Resources on the FPC Residential Site in Carlsbad, California
Dear Mr. Gatzke: This letter provides the results of a biological analysis conducted for the FPC Residential project
located in the City of Carlsbad (City), California (Figure 1). This letter report is intended to
provide the City and land owner with an assessment of the sensitive biological resources that occur on the site and could be affected by the proposed project. INTRODUCTION
The FPC Residential project site (APNs 214-160-25, 214-160-28, 214-171-11) is approximately 4.64 acres in size and is located at 7290 Ponto Drive (Figure 2). The proposed project is the redevelopment of an existing self-storage facility and junkyard into 86 (18.37du/ac) rowhomes, townhomes, and triplexes. The mix of units consists of eight 2-bedroom units, 40 3-bedroom
units, and 38 4-bedroom units. The project will include 15% of the units as affordable to low-
income and will utilize a density bonus which would allow for up to 19.125du/ac. The rowhomes and townhomes will be 3-story and the triplexes will be 2-story. The General Plan Designation for the site is R-15/VC Q for two of the parcels and R-15 for the third and the zoning of the site is RD-M-Q/C-T- and RD-M-Q respectively.
Site improvements consist of an internal primary arterial street, dog park, and additional open space. Existing dry utilities will be undergrounded and new water and stormwater connections will be made to existing facilities in Ponto Drive. A private lift station will serve a new sewer connection east of the railroad tracks. Off-site improvements consist of curb and gutter along
Ponto Road and Ponto Drive. An additional right-of-way dedication may be considered for the
extension of Ponto Drive east along the southern property line if it is determined to be necessary. Development of the site is subject to City and State plans and policies as follows. Habitat Management Plan for Natural Communities
The City’s Habitat Management Plan for Natural Communities (HMP; 2004) is a comprehensive, citywide program to identify how the City, in cooperation with federal and State of California (State) wildlife agencies, can preserve habitat diversity and protect sensitive biological resources within the City while allowing for additional development consistent with
the City’s General plan and its Growth Management Plan. The HMP defines the City’s
contribution to regional efforts to conserve coastal sage scrub habitat under California’s Natural Community Conservation Planning program and allows the City to fulfill its federal and State Endangered Species Acts requirements for certain species through compliance with the HMP.
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The HMP is Carlsbad’s Subarea Plan within the North County Multiple Habitat Conservation Plan (MHCP), which is a comprehensive conservation planning process that addresses the needs
of multiple plant and animal species (i.e., HMP Covered Species) in northwestern San Diego
County (i.e., Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista). Based on existing distribution of vegetation and sensitive species, the HMP includes Focus Planning Areas (FPAs) that consist of HMP Cores, Linkages, and Special Resource Areas that
serve as a basis for biological planning for the establishment of a Preserve System. Using the
FPAs as a foundation, the HMP identifies a Preserve System that consists of Existing Hardline Preserve Areas, Proposed Hardline Preserve Areas, and Proposed Standards Areas. The project site is not located within any FPA or any corresponding HMP Core, Linkage, or Special Resource Area, and is not located within the Preserve System (Figure 2).
California Coastal Act A significant concern of the California Coastal Commission (CCC) associated with the draft Ponto Beachfront Village Vision Plan (Vision Plan; RBF Consulting 2005) relates to potential
impacts to wetlands (CCC 2010). The Coastal Act as well as the City's certified Land Use Plan,
contains several policies protecting wetlands. These policies prohibit impacts to wetlands associated with private development. The draft Vision Plan does include language protecting "jurisdictional" wetland habitats and makes reference to a biological survey/report completed for the area. It identifies areas of jurisdictional wetlands, as defined by the U.S. Army Corps of
Engineers (Corps), and California Department of Fish and Wildlife’s (CDFW) "three parameter
method." The three-parameter method requires that all three of the common indicators of wetland habitat (hydric soils, hydrophytes, and the presence of surface water or saturated substrate at some time during each year) be present. However, the Coastal Act employs a one-parameter method; therefore, it only requires that one of these common wetland indicators be
present at any given time. Impacts to wetlands (if present), both direct and indirect, may be
inconsistent with the Coastal Act. City Mello II Policy 3-1.13 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in
Table 12 of the HMP shall be prohibited (CCC 2010). The draft Vision Plan includes a list of the types of landscaping recommended for developments within the Ponto Region. Mexican fan palm (Washingtonia robusta) is one of the listed types of
promoted vegetation, and this species is present in association with developed land (Attachment
A). However, the California Native Plant Society lists Mexican fan palm as an invasive species. Coastal Act Section 30240 protects environmentally sensitive habitat areas and requires that they be protected against significant disruption. By allowing invasive species to be included in the recommended plant palette in the Vision Plan, the CCC states that the City risks that these
species will become established in areas with sensitive habitat, causing significant disruption in
the health of these native habitat areas. The draft Vision Plan does include language that promotes the planting of native habitat, but without prohibiting the invasive species, the potential for impacts to sensitive habitats is significant and inconsistent with Section 30240 of the Coastal
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Act (CCC 2010). Therefore, any landscaping on the project must not use any species listed in Table 12 of the HMP, and it is further recommended by Alden that no plant species rated as
Moderate or High risk for invasiveness in the California Invasive Plant Council’s (Cal-IPC)
Inventory of Invasive Plants (Cal-IPC 2021) be used in landscaping. METHODS
As part of its analysis, Alden Environmental, Inc. (Alden) reviewed previous biological data for
the parcels provided in the draft Vision Plan. Alden also reviewed the HMP and queried the California Natural Diversity Database (CNDDB) and U.S. Fish and Wildlife Service (USFWS) database for information about special status species observed on the parcels or in the vicinity and for the presence/absence of USFWS Critical Habitat. On May 19, 2021, Alden biologist
Greg Mason, surveyed the site on foot and mapped vegetation communities (including within a
100’ adjacent buffer area) and potential jurisdictional features; made lists of plant species observed and animal species observed or detected (Attachments A and B, respectively); and took representative photographs of the parcel conditions (Attachment C; Figure 3). A second field survey was conducted following a rain event on September 13, 2022 to assess the site for
possible vernal pool resources and to confirm the previous vegetation mapping. Based on the
heavily disturbed/developed nature of the site, no focused surveys for special status species were conducted, nor was a formal delineation of potential U.S. Army Corps of Engineers (Corps), California Regional Water Quality Control Board (RWQCB), CDFW, and CCC jurisdictional features. The site was evaluated for the potential for such species and features to occur, however.
EXISTING CONDITIONS The site supports developed and undeveloped land. Elevation ranges from approximately 40 to 50 feet above mean sea level. Soil consists of Marina loamy coarse sand (two to nine percent
slopes). Aerial imagery as far back as 1947 shows visible ground disturbance on site, and aerial
imagery from 1978 shows the built Ponto Storage facility (Nationwide Environmental Title Research, LLC 2021). Vegetation, potential jurisdictional features, and special status plant and animal species are addressed below.
Vegetation Communities
The HMP mapped the site as urban/disturbed. The site was found to support disturbed land (2.02 acres) and developed land (2.62 acres) during the field visits. Neither disturbed habitat nor developed land is considered a sensitive biological resource. There was no evidence of vernal
pool or wetland features present on the site or in the adjacent mapped buffer area. Small patches
of coyote brush (Baccharis pilularis) do occur in the adjacent buffer area; however, they do not constitute a sensitive habitat type. This species, while native, is a disturbance associated species which commonly forms monospecific patches in developed and disturbed areas.
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Table 1 Existing Vegetation Community/ Land Cover Types on Site Type Area
Developed Land 2.62
Disturbed Land 2.02
Total 4.64
Disturbed Land
Disturbed land is a City Habitat Group F land cover type and typically includes land cleared of
vegetation, land containing a preponderance of non-native plant species, or land showing signs of past or present usage that no longer provides viable wildlife habitat. Such areas may include dirt roads, graded areas, and dump sites where no native or naturalized species remain. Disturbed land on the site is supports a preponderance of non-native plant species such as Hottentot’s fig
(Carpobrotus edulis), sweet fennel (Foeniculum vulgare), and Bermuda grass (Cynodon
dactylon; Attachment A). A total of 2.02 acres of disturbed land were mapped on the site (Table 1; Figure 3) Developed
Developed land consists of a nursery/landscape service yard, the Ponto Storage facility and its outbuildings, concrete foundations, and some associated non-native landscaping plants such as Mexican fan palm and coppery mesembryanthemum (Malephora crocea). A total of 2.62 acres of developed land were mapped on site (Table 2; Figure 3).
Potential Jurisdictional Features There are no wetland habitats (including vernal pools) on or adjacent to the project site that would be considered jurisdictional to the regulatory agencies and require permits. The potentially
jurisdictional, non-wetland, unvegetated drainage channel noted in the Vision Plan (and shown
on Figure 3) is located entirely off site and south of the project site limits. Special Status Plant Species
No special status plant species were observed on the site and the initial survey was conducted
during the blooming period for most annual species. Based on the results of the field visit and the developed and highly disturbed condition of the site, no special status plant species are considered to have potential to occur.
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Special Status Animal Species
No special status animal species were observed/detected on the site. However, based on the
developed and highly disturbed condition of the site, no special status animal species are considered to have potential to occur. Animal species that were observed/detected on the parcels are common in coastal urban/suburban San Diego County (Attachment B).
PROJECT IMPACTS
Vegetation Communities The project would impact non-sensitive developed land and disturbed land (Figure 3; Table 2).
The project would not result in any significant direct or indirect impacts to vegetation
communities considered sensitive by the City and/or the regulatory agencies. Table 2 Vegetation Community Impacts
Vegetation Community Impacts (acres)
On Site Off Site Total
Developed Land 2.62 0.51 3.13
Disturbed Land (Group F) 2.02 - 2.02
Total 4.64 0.51 5.15
While not a significant biological impact, impacts to Group F land cover types require payment into the City’s Habitat Mitigation Fee Program per the HCP. As such, the project will be conditioned to pay into this fee for the 2.02 acres of impact to disturbed land. The current fee amounts are determined by the City Council.
Sensitive Plant Species No sensitive plant species were observed on site and none are anticipated as the site is in a developed/disturbed condition. Impacts to sensitive plant species would not occur.
Sensitive Animal Species No sensitive animal species were observed within the proposed project development area and none would occur given its disturbed/developed nature.
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Nesting Birds
No bird nests (active or inactive) were observed during either of the biological site visits. The
site supports disturbed land and developed land with little to no potential to support nesting bird species on site. Vegetation (primarily non-native ornamental species) that has potential to support birds and their nests does occur adjacent to the site. As such, the project must comply with the federal Migratory Bird Treaty Act (MBTA), State of California Fish and Game Code,
and the City’s HCP requirements to avoid/minimize impacts to nesting birds. As a City
condition of approval, the project will be required to avoid potential impacts to nesting bird species (raptors, listed bird species, and migratory birds) during construction activities, including clearing and grubbing, during the bird breeding season (February 15 – August 31). If the breeding season cannot be avoided, the following measures will be taken:
• No more than three days prior to any vegetation clearing or construction activities, a qualified biologist will conduct a pre‐construction survey throughout the site to identify nests or nesting behavior. Monitoring will continue throughout the breeding season. If an active nest is observed, a protective buffer will be fenced off, and no work will be
allowed within the buffer until the nest is no longer active (e.g., all nestlings have successfully fledged). A buffer width of at least 500 feet will be required for raptors or listed species such as coastal California gnatcatcher or least Bell’s vireo. Buffer width for other species will be determined by a qualified biologist, in coordination with the city and Wildlife Agencies based on species biology and site conditions.
• The USFWS will be notified immediately of any federally listed species that are located during pre‐construction surveys.
• A qualified biologist shall monitor construction activities during the breeding season. No activities that would result in noise levels exceeding 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. Ambient noise shall be excluded from the 60 dBA calculation. If excess noise‐producing construction activities are not completed
prior to the breeding season, and birds are nesting during the breeding season, noise
barriers shall be erected to reduce noise impacts at the distance of the nests to below 60 dBA hourly Leq or the activities shall be suspended. The nest shall be monitored by the monitoring biologist, and the noise restrictions shall continue until the noise producing machinery work is completed.
With compliance with the bird nesting season restrictions as a City condition of approval, no significant impact to nesting birds would occur and no mitigation would be required. Jurisdictional Features
The project would not impact any area that would be considered jurisdictional by the Corps, CDFW, RWQCB, CCC, or the City, including the off site drainage identified in the Vision Plan; therefore, no permits or mitigation would be required.
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MITIGATION
Project impacts would be limited to non-sensitive developed land and disturbed land.
Compliance with the HCP bird nest avoidance requirements would ensure that no significant biological impacts occur; therefore, no mitigation would be required. CONCLUSION
The FPC Residential site is not located within any FPA or any corresponding HMP Core, Linkage, or Special Resource Area, and is not located within the Preserve System. The site is entirely developed and disturbed. There are no sensitive vegetation communities present within or adjacent to the project footprint; no special status plant or animal species were
observed/detected; and none are considered to have potential to occur based on the parcels’
conditions. Impacts to disturbed land (Group F) would require a fee payment to the City’s Habitat Mitigation Fee Program as a City condition of approval. In addition, the project would be conditioned to
implement nesting bird avoidance measures, should construction occur during the nesting
season. Finally, the site does not support and wetland/riparian features (including vernal pools) that would be jurisdictional to the City and/or regulatory agencies. Please call me if you have any questions.
Sincerely,
Greg Mason
Principal/Senior Biologist Enclosures: Figure 1 – Regional Location
Figure 2 – Project Vicinity
Figure 3 – Biological Resources Attachments: A – Plant Species Observed
B – Animal Species Observed/Detected
C – Representative Photographs
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References:
California Coastal Commission. 2010. Revised Findings for City of Carlsbad LCP Amendment No. 3-07B (Ponto Beachfront Vision Plan) for Commission Meeting of August 11-13, 2010.
California Invasive Plant Council. 2021. The Cal-IPC Inventory. https://www.cal-
ipc.org/plants/inventory/ City of Carlsbad. 2004. Habitat Management Plan for Natural Communities in the City of Carlsbad. Final Approval November 2004, including implementing agreement and
terms and conditions.
Nationwide Environmental Title Research, LLC. 2021. Historic Aerials by NETRONLINE. https://www.historicaerials.com/viewer
RBF Consulting. 2005. Ponto Beachfront Village Vision Plan. Draft Plan – May. Prepared for
the City of Carlsbad.
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ATTACHMENT A PLANT SPECIES OBSERVED SCIENTIFIC NAME COMMON NAME VEGETATION1
Aracaceae – Palm Family
Washingtonia robusta2 Mexican fan palm DEV Poaceae – Grass Family
Bromus diandrus2 ripgut grass DH
Cynodon dactylon2 Bermuda grass DH
Pennisetum setaceum2 fountain grass DH/DEV Anacardiaceae – Sumac Family
Rhus integrifolia lemonadeberry DH
Apiaceae – Carrot Family
Foeniculum vulgare2 sweet fennel DH Aizoaceae – Ice Plant Family
Carpobrotus edulis2 Hottentot’s fig DH/DEV
Malephora crocea2 coppery mesembryanthemum DEV
Mesembryanthemum crystallinum2 crystalline iceplant DH/DEV Asteraceae - Sunflower Family
Baccharis pilularis coyote brush DH
Encelia californica California encelia DH
Hypochaeris glabra2 smooth cat’s-ear DH/DEV
Matricaria discoidea pineapple weed DH
Pseudognaphalium californicum California everlasting DH
Xanthium strumarium2 cocklebur DH
Brassicaceae – Mustard Family
Brassica nigra2 black mustard DH/DEV
Sisymbrium sp.2 London rocket DH
Chenopodiaceae Goosefoot Family
Salsola australis2 Russian thistle DH
Fabaceae – Pea Family
Acmispon glaber deerweed DH
Melilotus indicus2 Indian sweet clover DH/DEV Geraniaceae – Geranium Family
Erodium botrys2 storksbill DH/DEV
Myrtaceae – Myrtle Family
Callistemon citrinus2 crimson bottlebrush DEV
ATTACHMENT A (cont.) PLANT SPECIES OBSERVED
SCIENTIFIC NAME COMMON NAME VEGETATION1
Polygonaceae – Buckwheat Family
Eriogonum fasciculatum California buckwheat DH
Primulaceae – Primrose Family
Anagallis arvensis2 scarlet pimpernel DH/DEV
Solanaceae – Nightshade Family
Nicotiana glauca2 tree tobacco DH
1 Vegetation community acronyms: DH = disturbed habitat; DEV = developed 2 Non-native species
ATTACHMENT B ANIMAL SPECIES OBSERVED/DETECTED
SCIENTIFIC NAME COMMON NAME Reptiles
Sceloporus occidentalis western fence lizard
Birds
Calypte anna Anna’s hummingbird
Carpodacus mexicanus house finch
Buteo jamaicensis red tailed hawk (flyover)
Stelgidopteryx serripennis northern rough-winged swallow
Larus californicus California gull
Mimus polyglottos northern mockingbird
Zenaida macroura mourning dove Mammals
Otopermophilus beecheyi California ground squirrel
Canis latrans coyote
Sylvilagus audubonii Cottontail rabbit
Thomomys bottae San Diego pocket gopher
Representative Photographs
Photo Point 1. 05/19/21
Photo Point 2. 05/19/21
Photo Point 3. 05/19/21
Photo Point 4. 05/19/21
Photo Point 5. 05/19/21
Photo Point 6. 05/19/21
Photo Point 7. 05/19/21
Photo Point 8. 05/19/21
Photo Point 9. 05/19/21
Photo Point 10. 05/19/21
Photo Point 11. 05/19/21
Photo Point 12. 05/19/21
Photo Point 13. 05/19/21
Photo Point 14. 05/19/21
Photo Point 15. 05/19/21