HomeMy WebLinkAbout1996-05-07; City Council; Resolution 96-157c
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RESOLUTION NO. 96-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAK PERMIT FOR THE LA COSTA PLAZA PROJECT.
WHEREAS, the United States Fish and Wildlife Service has listed the Cal
gnatcatcher as a threatened species and therefore subject to certain protections aff
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Caf
gnatcatcher pending completion and approval of larger scale plans pursuant to the P
Communities Conservation Planning (NCCP) program of the State of California; ai
WHEREAS, among the provisions of the Special Rule is an expedited proce
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; anc
WHEREAS, the City of Carisbad’s portion of the 5% allowable take has
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the i
period must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which havt
authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Ca
since March 25, 1993, and a statement of the remaining number of acres available
City from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat unc
expedited process provided by the Special Rule, it is necessary for the City COL
adopt seven specific findings which are outlined in the NCCP Conservation Guidelin
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to
Costa Plaza project and has determined that it is appropriate to issue an interi
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.
2.
That the above recitations are true and correct.
That the City Council approves the issuance of an interim take permit ’
La Costa Plaza project. The City Council further directs that 1.7 acres shall be subi
from the available balance of coastal sage scrub impacts as shown on Attachme
this resolution, which is incorporated herein by reference.
3. FINDINGS -- In approving the issuance of this interim take permit, th
Council makes the following findings with respect to the La Costa Plaza project. TI-
Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conser
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitation,
regionally or locally.
C. Connectivity between high value habitat areas will not be precludea
D. The habitat loss will not preclude preparation of the subregional NCCF
E. The habitat loss has been minimized and mitigated to the maximum
practicable.
F. The likelihood of survival and recovery of listed species will n
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
That the issuance of an interim take permit for the La Costa Plaza projc
not prejudice the City Council’s ability to establish an allocation system for use
City’s 5% habitat loss allowance.
4.
5. That staff is hereby directed to transmit the City Council’s actic
expeditiously as possible to the U.S. Fish and Wildlife Service and California Depar
of Fish and Game to indicate that the permits have been issued subject to the re(
30 day review period. In addition, following the conclusion of the 30 day review F
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 1s
AYES: Council Members Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Lewis
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CC Reso. No. 96-157 Attachment 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation