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Home My WebLink About1998-06-23; City Council; Resolution 98-205h 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE GREEN CASE NAME: GREEN VALLEY CASE NO.: CT 92-08 WHEREAS, the United States Fish and Wildlife Service has listed the Califor gnatcatcher as a threatened species and, therefore, subject to certain protections afforded the Endangered Species Act; and VALLEY PROJECT - CT 92-08. WHEREAS, the Secretary of the Interior has adopted a Special Rule as provid under Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim take of the Califorr gnatcatcher pending completion and approval of larger scale plans pursuant to the Natu Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited proce for approval of interim impacts, which process may be used until the San Diego County regic 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 bet calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim peric must be subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization system a1 guidelines for determining which projects should be allowed to deduct from the City’s 5 allocation; and WHEREAS, Attachment 1 to this resolution is a listing of all projects which ha\ been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsb: since March 25, 1993, and a statement of the remaining number of acres available to the Ci from the 5% allocation; and WHEREAS, in approving interim impacts to coastal sage scrub habitat under ti expedited process provided by the Special Rule, it is necessary for the City Council to ado A \J‘ ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 seven specific findings which are outlined in the NCCP Conservation Guidelines and restatc below in the Findings section of this resolution; and WHEREAS, the City Council has reviewed all pertinent information relating to t Green Valley project and has determined that it is appropriate to issue an interim take permit : the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C 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 for tl Green Valley project. The City Council further directs that 2.38 acres shall I subtracted from the available balance of coastal sage scrub impacts as shov on Attachment 4 of this resolution, which is incorporated herein by reference. Findings: In approving the issuance of this interim take permit, the City Council makes the followil findings with respect to the Green Valley project. The City Council finds that: 1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines, in th the impact is 2.38 acres and the purpose is to widen a prime arterial roadway : described in the Carlsbad General Plan and is therefore the type of project intended use the 4d process. 2. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or local because there are 19.45 acres remaining of Carlsbad’s limitation. 3. . Connectivity between high value habitat areas will not be precluded in that tt disturbance runs parallel to a habitat corridor versus through it and the disturbance is the outer edge of the habitat corridor. 4. The habitat loss will not preclude preparation of the subregional NCCP plan in that tl take is on the outer edge of a habitat corridor and the larger Green Valley project providing connectivity between a riparian scrub and an upland coastal sage habitat. 5. The habitat loss has been minimized and mitigated to the maximum extent practicabll The mitigation shall consist of the preservation and management of 108 acres of coast sage dominated by Southern Maritime Chaparral on the onsite upland bluffs. 6. The likelihood of survival and recovery of listed species will not be appreciably reduce in that the likelihood of recovery of a listed species is enhanced through the preservatic and management of upland habitat. i/ 2 /I 0 e 7. The habitat loss is incidental to otherwise lawful activities because it is incidental to tt widening of El Camino Real which is a prime arterial consistent with the General Plan. 8. That staff is hereby directed to transmit the City Council’s action as expeditiously i possible to the U. S. Fish and Wildlife Service and California Department of Fish at Game to indicate that the permits have been issued subject to the required 30 di review period. In addition, following the conclusion of the 30 day review period with I objections to the issuance of the interim take permits from the U. S. Fish and Wildli Service and California Department of Fish and Game, staff is further directed to tal appropriate actions to document the final approval of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun of the City of Carlsbad, California, held on the 23rd day of June 1 a 9! by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Hall NOES: None ABSENT: Cflgci.1 Member Kulchin ATTEST: (SEAL) I d 3 3 * 0 ATTACHMENT “1” Itemization of Impacts to Coastal Sage Scrub 5% Allocation 5/19/98 8:36 Description of Project San Dieguito Union High School District for South Carlsbad High 165.70 Starting Balance Acres City and Other Public Agency Projects: - School site. Section 7 permit issued, 1993 CalTrans for Poinsettia Lanell-5 Freeway ramps and auxiliary 1.46 lanes. Section 7 permit issued, 1995 4.30 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss 2.1 0 0.10 La Costa Avenue Widening -- Section 7 1998 1.98 Cannon Road Reach 2 - 4(d) permit issued 2/97 0.53 Maerkle Reservoir -- additional impacts 1997 6.32 Hidden Valley Road - Section 7 permit issued 1995 2.40 Cannon Road Reach 1 - 4(d) permit issued 1995 0.04 Poinsettia Park - 4(d) permit issued, 1995 Aviara Phase II drainaae structure imDacts - 1994 0.40 Private Development Projects: - IAviara Phase Ill aradina - 4(d) Dermit issued 9/95 I I 8.68 I -. ” I - - . I. I ~ ~~ I Parkview West - 4(d) permit issued Mav 1996 I Tis I . ,. I I Carlsbad Ranch - 4(d) permitissued May 1996 6.80 Rancho Verde - Section 7 permit issued 1995 1.10 11 .oo Arrovo La Costa - Section 7 permit issued 1993 42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 0.96 Mar Vista/Emerald Ridge West and East - approved administratively 11/95 I I I Cobblestone Sea Village- 4(d) permit issued 1/97 0.10 Cobblestone Sea Villaae additional imDact amroved administrativ 0.27 Carlsbad Ranch - Hidden Valley Road approved administratively 1 0.50 Holly Springs agricultural impacts 1997 14.60 I - I, ~~~ ~. . - (Carrillo Ranch Phase II Gradinn - authorized 11/97 I 28.00 I I v ~ ~~ IMeadowlands - 4(d) permit issued 3/98 I 1.30 I I . I. I I IPacific View Estates - 4(d) permit issued 3/98 I 1:9- I \ I. I I I Ocean Bluff- 4(d) Pending 1998 I 3.98 I I I, - I I I La Costa Village -- 4(d) Pending 4/98 I 1.70 I k - ., - L Green Valley El Camino Real Widening -- 4(d) Pending 6/98 2.38 I I Total acres authorized to be taken 19.45 Remainina acres 146.25 1 - I Nofe: lfalics indicafes fhaf grading permif has nof been issued