HomeMy WebLinkAbout1997-01-09; City Council; Resolution 97-30 0 EXHIBIT 1
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RESOLUTION NO. 97-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB
TAKE PERMIT FOR THE COBBLESTONE SEA VILLAGE PROJECT.
WHEREAS, the United States Fish and Wildlife Service has listed the California
gnatcatcher as a threatened species and, therefore, subject to certain protections afforc
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the California
gnatcatcher pending completion and approval of larger scale plans pursuant to the NatL
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited process for
approval of interim impacts, which process may be used until the San Diego County rec
has taken 5% of the coastal sage scrub existing as of March 25, 1993; and
WHEREAS, the City of Carlsbad's portion of the 5% allowable take has been
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim
period must be subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization system and guideline
for determining which projects should be allowed to deduct from the City's 5% allocatic
and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which have
been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in
Carlsbad since March 25, 1993, and a statement of the remaining number of acres
available to the City from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat under the
expedited process provided by the Special Rule, it is necessary for the City Council to
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adopt seven specific findings which are outlined in the NCCP Conservation Guidelines
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to th
Cobblestone Sea Village project and has determined that it is appropriate to issue an
interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 0'
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the issuance of the an interim take permil
the Cobblestone Sea Village project. The City Council further directs that 14.6 acres s
be subtracted from the available balance of coastal sage scrub impacts, leaving a balanl
of 113.74 acres, as shown on Attachment 1 of this resolution, which is incorporated
herein by reference.
3. FINDINGS - In approving the issuance of this interim take permit, the City
Council makes the following findings with respect to the Carlsbad Ranch project. The C
Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conservation
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitation, eithc
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 NCC
plan.
E. The habitat loss has been minimized and mitigated to the maximum
extent practicable. The mitigation shall consist of onsite conservation and purchase of
credits in phase I of the Carlsbad Highland Mitigation Bank.
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1 F. The likelihood of survival and recovery of listed species will not be
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4. That staff is hereby directed to transmit the City Council's action as 4
G. The habitat loss is incidental to otherwise lawful activities. 3
appreciably reduced.
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objections to the issuance of the interim take permits from the U. S. Fish and Wildlife 8
review period. In addition, following the conclusion of the 30 day review period with r 7
Fish and Game to indicate that the permits have been issued subject to the required 3C 6
expeditiously as possible to the U. S. Fish and Wildlife Service and California Departmc
Service and California Department of Fish and Game, staff is further directed to take 9
10 appropriate actions to document the final approval of the project.
t ' 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 01
12 City of Carlsbad, California, held on the 7th day of January , 1997, b
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the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
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NOES: None
ABSENT: None
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ATTEST:
(IJm-AQ-
ALETHA L. RAUTENKRANZ, City Clerk 3
G (SEAL)
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Attachment 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project
165.70 Starting Balance
Acres
San Dieguito Union .High School District for South Carlsbad High
School site. Section 7 permit issued, 1993 1.46
CalTrans for Poinsettia Lane114 Freeway ramps and auxiliary lanes.
Section 7 permit issued, 1995 2.10
CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued
6.32 Hidden Valley Road - Section 7 permit issued 1995
2.40 Cannon Road Reach I- 4(d) permit issued 1995
0.04 Poinsettia Park - 4(d) permit issued, 1995
4.30
City and Other Public Agency Projects:
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~ ~ - ~ ~~~~~ Private Development Projects:
Aviara Phase I1 drainage structure - 1994
8.68 Aviara Phase Ill grading - 4(d) permit issued September 1995
0.40
Mar VistafEmerald Ridge West and East - 4(d) permit issued
6.80 Rancho Verde - Section 7 permit issued 1995
1.10 Carlsbad Ranch - 4(d) issued May 1996
1.70 La Costa Plaza - PENDING
1.10 Parkview West - 4(d) permit issued May 1996
I iadministratively November 1995
49.90 !Carrill0 Ranch Phase 1 Grading - Section 7 permit issued 1995
0.96
74.60 Cobblestone Sea Village - Pending
11 .oo Arroyo La Costa - Section 7 permit issued 1993
I I I 1 I I I 1 I I 1 I I I I 1 1
Total acres authorized to be taken
Remaining acres
11 2.86
Note: Italics indicates that grading permit has not been issued
52.84
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