HomeMy WebLinkAbout1996-05-07; City Council; Resolution 96-158&
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RESOLUTION NO. 96-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAP PERMIT FOR THE CARLSBAD RANCH PROJECT.
WHEREAS, the United States Fish and Wildlife Service has listed the Cal
gnatcatcher as a threatened species and therefore subject to certain protections af
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 Ca
gnatcatcher pending completion and approval of larger scale plans pursuant to the F
Communities Conservation Planning (NCCP) program of the State of California; ai
WHEREAS, among the provisions of the Special Rule is an expedited procc
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 Carlsbad’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 havc
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
Carlsbad Ranch 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 f
Carlsbad Ranch project. The City Council further directs that 1.1 acres shall be subti
from the available balance of coastal sage scrub impacts as shown on Attachmer
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 Carlsbad Ranch 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 precluded
D. The habitat loss will not preclude preparation of the subregional NCCP
E. The habitat loss has been minimized and mitigated to the maximum c
practicable.
F. The likelihood of survival and recovery of listed species will nc
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
That the issuance of an interim take permit for the Carlsbad Ranch projec
not prejudice the City Council’s ability to establish an allocation system for use c
City’s 5% habitat loss allowance.
4.
5. That staff is hereby directed to transmit the City Council’s actio
expeditiously as possible to the U.S. Fish and Wildlife Service and California Depart
of Fish and Game to indicate that the permits have been issued subject to the req
30 day review period. In addition, following the conclusion of the 30 day review p
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
AYES:
NOES: None
ABSENT: Council Member Lewis
Council Members Nygaard, Kulchin, Finnila, Hall
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CC Reso. No. 96-158 Attachment 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation