HomeMy WebLinkAbout1998-05-12; City Council; Resolution 98-1415
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RESOLUTION NO. 98-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE LA
COSTA VILLAGE PROJECT
CASE NAME: LA COSTA VILLAGE
CASE NO.: SDP 86-03(A)
WHEREAS, the United States Fish and Wildlife Service has listed tt
California gnatcatcher as a threatened species and therefore subject to certa
protections afforded by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule i
provided under Section 4(d) of the Endangered Species Act for threatened species; ar
WHEREAS, the Special Rule provides guidelines for interim take of tt
California gnatcatcher pending completion and approval of larger scale plans pursua
to the Natural Communities Conservation Planning (NCCP) program of the State
California; and
WHEREAS, among the provisions of the Special Rule is an expeditf
process for approval of interim impacts, which process may be used until the San Die!
County region has taken 5% of the coastal sage scrub existing as of March 25, 19;
and
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take h
been calculated to be 165.7 acres, and all impacts to coastal sage scrub during t
interim period must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects whi
have been authorized pursuant to the Special Rule to impact coastal sage scrub habi
in Carlsbad since March 25, 1993, and a statement of the remaining number of acr
available to the City from the 5% allocation; and .. .
x.
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WHEREAS, in approving interim impacts to coastal sage scrub habil
under the expedited process provided by the Special Rule, it is necessary for the C
Council to adopt seven specific findings which are outlined in the NCCP Conservatic
Guidelines and restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent informatic
relating to the La Costa Village project and has determined that it is appropriate to issl
the interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
the City of 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 1
the La Costa Village project. The City Council further directs that 1.7 acres shall I
subtracted from the available balance of coastal sage scrub impacts as shown 1
Attachment 1 of this resolution, which is incorporated herein by reference.
3. FINDINGS - In approving the issuance of the interim take permit, the C
Council makes the following findings with respect to the La Costa Village project. T
City Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conservatil
Guidelines because the impact is small, isolated, and degraded habitat.
B. The habitat loss will not cumulatively exceed the 5% limitation, eith
regionally or locally.
C. Connectivity between high value habitat areas will not be precludl
because the site has existing development on three sides and has no potential for lor
term connectivity with high value areas.
D. The habitat loss will not preclude preparation of the subregional NC(
plan because the site is not part of any Focused Planning Area or linkage area in eitl-
the Carlsbad Habitat Management Plan or the North County Multiple Habi
Conservation Plan.
E. The habitat loss has been minimized and mitigated to the maximi
extent practicable. Mitigation shall consist of purchase of 1.7 credits from t
Manchester Mitigation Bank in the City of Encinitas.
F. The likelihood of survival and recovery of listed species will not
appreciably reduced because the gnatcatcher is not present on the site.
G. The habitat loss is incidental to otherwise lawful activities, naml
commercial development of the property consistent with the City of Carlsbal
development regulations.
4. That staff is hereby directed to transmit the City Council’s action
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expeditiously as possible to the U.S. Fish and Wildlife Service and Califorr
Department of Fish and Game to indicate that the permits have been issued subject
the required 30 day review period. In addition, following the conclusion of the 30 d
review period with no objections to the issuance of the interim take permits from t
U.S. Fish and Wildlife Service and California Department of Fish and Game, staff
further directed to take appropriate actions to document the final approval of the proje
PASSED, APPROVED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad, California, held on the 12th day of May I
1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hal
NOES: None
ABSENT: None -.
ATTEST:
A
*. (4 - ‘e’! ‘0 k 1 <,” 4 ;$?;>d“
ALETHA L. RAUTENKRANZ, City Clerk)
(SEAL)
I
n -3 - u c
0 0 ATTACHMEP
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
CaJJrans for Poinsettia Lanell-5 Freeway ramps and auxiliary
lanes. Section 7 permit issued, 1995 2.10
CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss 4.30
Poinsettia Park - 4(d) permit issued. 1995 0.04
4/23/98 1 452
City and Other Public Agency Projects:
I . ,I I Cannon Road Reach 1 - 4(d) permit issued 1995 I 2.40 I
Hidden Valley Road - Section 7 permit issued 1995 I 6.32 I
Maerkle Reservoir -- additional impacts 1997
Cannon Road Reach 2 - 4(d) permit issued 2/97
0.53
0.1 0 La Costa Avenue Widening -- Section 7 1998
1.98
Aviara Phase II drainage structure impacts - 1994 0.40
Aviara Phase Ill grading - 4(d) permit issued 9/95 8.68
Parkview West - 4(d) Dermit issued Mav 1996 1 .IO
Private Development Projects:
ICarlsbad Ranch - 4(d) oermitissued Mav 1996 I 1.10 I I , I. I IRancho Verde - Section 7 permit issued 1995 I 6.80 I
Mar Vista/Emerald Ridge West and East - approved administratively 11/95
42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
0.96
11 .oo - Arroyo La Costa - Section 7 permit issued 1993
ICobblestone Sea Villane- 4(d) permit issuedl/97 r 14.60~1
(Holly Springs agricultural impacts 1997
Carlsbad Ranch - Hidden Valley Road approved administratively 1
0.50
1.95 Pacific View Estates - 4(d) Dermit issued 3/98
1.30 Meadowlands - 4(d) permit issued 3/98
28.00 Carrillo Ranch Phase II Grading - authorized 11/97
0.1 0 Cobblestone Sea Village additional impact approved administrativ
0.27
I Ocean Bluff - 4(d) Pendina 1998 I 3.98 I 11
Total acres authorized to be taken
21.83 Remainina acres
143.87
I Y I 1
Note: italics indicates that grading permit has not been issued