HomeMy WebLinkAbout1995-11-07; City Council; Resolution 95-3068 0 0
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RESOLUTION NO. 95-306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBP CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAI PERMIT FOR THE PARKVIEW WEST PROJECT.
WHEREAS, the United States Fish and Wildlife Service has listed the G
gnatcatcher as a threatened species and therefore subject to certain protections a
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provide(
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the C
gnatcatcher pending completion and approval of larger scale plans pursuant to the
Communities Conservation Planning (NCCP) program of the State of California; l
WHEREAS, among the provisions of the Special Rule is an expedited pro(
approval of interim impacts, which process may be used until the San Diego
region has taken 5% of the coastal sage scrub existing as of March 25, 1993; a1
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take hc
calculated to be 165.7 acres, and all impacts to coastal sage scrub during thc
period must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects wh
impacted coastal sage scrub habitat in Carlsbad since March 25, 1993, and a s
of the remaining number of acres available to the City from the 5% allocation; a
WHEREAS, in approving interim impacts to coastal sage scrub habitat u
expedited process provided by the Special Rule, it is necessary for the City C
adopt seven specific findings which are outlined in the NCCP Conservation Guide
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relatir
Aviara Phase Ill project and has determined that it is appropriate to issue an int
permit for the project.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the issuance of an interim take permit
Parkview West project. The City Council further directs that 1 .I acres shall be sul:
from the available balance of coastal sage scrub impacts as shown on Attachml
this resolution, which is incorporated herein by reference.
3. FINDINGS -- In approving the issuance of this interim take permit, 1
Council makes the following findings with respect to the Parkview West project. 1
Council finds that:
A. The proposed habitat loss is consistent with the NCCP Cons
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitatior
regionally or locally.
C. Connectivity between high value habitat areas will not be precluc‘
D. The habitat loss will not preclude preparation of the subregional NC
E. The habitat loss has been minimized and mitigated to the maximu
practicable.
F. The likelihood of survival and recovery of listed species will
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
4. That the issuance of an interim take permit for the Parkview West PI
not prejudice the City Council’s ability to establish permanent priorities for use of
5% habitat loss allowance.
5. That staff is hereby directed to transmit the City Council’s a
expeditiously as possible to the U.S. Fish and Wildlife Service and California DF
of Fish and Game to indicate that the permits have been issued subject to the
30 day review period. In addition, following the conclusion of the 30 day revit
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with no objections to the issuance of the interim take permits from the U.S. Fi
Wildlife Service and California Department of Fish and Game, staff is further dire
take appropriate actions to document the final approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc
City of Carlsbad, California, held on the 7th day of NOVEMBER , 1I:
the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
-4. h
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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CC Reso. No. 95-306 Attachment 1
itemization of impacts to Coastal Sage Scrub 5% Allocation
Description of Project
1.46 San Dieguito Union High School District for South Carlsbad High
165.70 Starting Balance
Acres
City and Other Public Agency Projects:
School site. Section 7 permit issued, 1993.
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes. 2.10
CMWD - lining and covering of Maerkle Reservoir - - 1995 4.30
Poinsettia Park - - 1995 0.04
Cannon Road Reach 1 -- 1995 2.40
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1
~~ ~ Private Development Projects:
Aviara Phase II drainage structure - - 1994
1.10 Parkview West - - PENDING
8.68 Aviara Phase Ill grading - - 1995
0.40
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Total acres taken
145.22 Remaining acres
28.48