HomeMy WebLinkAbout1997-08-26; City Council; Resolution 97-569W 0
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RESOLUTION NO. 97-569
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE
MEADOWLANDS PROJECT.
CASE NAME: MEADOWLANDS
CASE NO.: CT 85-19FUD 87
WHEREAS, the United States Fish and Wildlife Service has listed the Calif
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded b
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as pro.
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take 0'
California gnatcatcher pending completion and approval of larger scale plans pursuant t
Natural Communities Conservation Planning (NCCP) program of the State of California; an
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 County regio
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
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim period
be subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization systerr
guidelines for determining which projects should be allowed to deduct from the City'
allocation; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects whick
been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in C~I
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since March 25, 1993, and a statement of the remaining number of acres available to the
from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat undc
expedited process provided by the Special Rule, it is necessary for the City Council to
seven specific findings which are outlined in the NCCP Conservation Guidelines and re!
below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relati
the Meadowlands project and has determined that it is appropriate to issue an interim take p
for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council (
City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the City Council approves the issuance of the an interim take permit fc
Meadowlands project. The City Council further directs that 1.3 acres sha
subtracted from the available balance of coastal sage scrub impacts as show
Attachment 1 of this resolution, which is incorporated herein by reference.
Findings:
In approving the issuance of this interim take permit, the City Council makes the follo
findings with respect to the Meadowlands project. The City Council finds that:
1. The proposed habitat loss has been evaluated and found to be consistent with the PI
Conservation Guidelines. The impact of the loss of 1.3 acres of disturbed coastal
scrub is consistent with the NCPP Guidelines in that this small acreage is consider'
insignificant impact to CCS and to gnatcatcher habitat especially since no gnatcatl
have been observed on site.
2. The habitat loss will not cumulatively exceed the 5% limitation, either regional
locally. The City of Carlsbad has 59.91 acres remaining in its 5 percent allocation.
proposed project will take 1.3 acres with other projects currently under review prop(
to take about 35 acres. Consequently, this project will not exceed the City's 5 pe 1 allocation.
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3. Connectivity between high value habitat areas will not be precluded. The subject :
essentially an infill site in an area that is already developed. No habitat of value I
either on the subject site or on property on three sides surrounding the site, therl
connectivity is not precluded in these areas. High-value habitat exists to the south b
proposed project does not preclude connectivity between that area and any other are2
4. The habitat loss will not preclude preparation of the subregional NCCP plan. The F
species Habitat Conservation Plan, being worked on by regional agencies
jurisdictions, does not indicate the subject site as being important to the sub-reg
plan.
5. The habitat loss has been minimized and mitigated to the maximum extent practic
The mitigation shall consist of onsite conservation and purchase of credits in the Car
Highland Mitigation Bank. Habitat loss on the site has been minimized by sensitiv
design which has limited impacts to 1.3 acres.
6. The likelihood of survival and recovery of listed species will not be appreciably red
The site has been isolated from surrounding habitat areas for many years and ni
gnatcatchers nor other sensitive species inhabit the site. The site is not importar
wildlife movement or foraging and is not a use area for any listed species.
7. The habitat loss is incidental to otherwise lawful activities. The habitat loss wj
incidental to residential development of the property as envisioned in the Car
General Plan. Grading will not be allowed until all applicable requirements are
Environmental review has been completed and a Subsequent Negative Declaratio~
been issued.
8. That staff is hereby directed to transmit the City Council’s action as expeditious
possible to the U. S. Fish and Wildlife Service and California Department of Fisl.
Game to indicate that the permits have been issued subject to the required 30 day re
period. In addition, following the conclusion of the 30 day review period wit
objections to the issuance of the interim take permits from the U. S. Fish and Wil
Service and California Department of Fish and Game, staff is further directed to
appropriate actions to document the final approval of the project.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Co
of the City of Carlsbad, California, held on the 26th day of August ,
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
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ATTEST:
A.
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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,m e ATTACHMENT 1
ITEMIZATION OF IMPACTS TO COASTAL SAGE SCRUB 5% ALLOCATION
DESCRIPTION OF PROJECT ACRES
Starting Balance 165.70
City and Other Public Agency Projects
San Dieguito Union High School District for South Carlsbad High School site
Section 7 permit issued, 1993 1.46
CalTrans for Poinsettia Lane/I-5 Freeway ramps and auxiliary lanes
Section 7 permit issued, 1995
0.53 Maerkle Reservoir - additional impacts, 1997
6.32 Hidden Valley Road - Section 7 permit issued, 1995
2.40 Cannon Road Reach I - 4(' permit issued, 1995
0.04 Poinsettia Park - 4(d) permit issued, 1995
4.30 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995
2.10
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Private Development Projects
Aviara Phase I1 drainage structure, 1994
1.10 Carlsbad Ranch - 4(d) permit issued May 1996
1.10 Parkview West - 4(d) permit issued May 1996
8.68 Aviara Phase I11 grading - 4(d) permit issued September 1995
0.40
I \,- I I Rancho Verde - Section 7 permit issued, 1995
1 1 .oo Arroyo La Costa - Section 7 permit issued, 1993
42.20 Carrillo Ranch Phase I grading - Section 7 permit issued, 1995
0.96 November 1995
Mar VistaEmerald Ridge West and East - 4(d) permit issued administratively
6.80
I I I Cobblestone Sea Village - Pending
Meadowlands - 4(d) - Pending
0.50 Holly Springs agricultural impacts, 1997
14.60
1.30 1 ., - I
TOTAL ACRES AUTHORIZED TO BE TAKEN
59.91 REMAINING ACRES
105.79
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Note: Italics indicates that grading permit has not been issued