HomeMy WebLinkAbout1998-07-07; City Council; Resolution 98-219II 0 0
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RESOLUTION NO. 98-219
A RESOLUTION OF THE CITY COUNC1L.OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR CONSTRUCTION
OF AVIARA PARKWAY GENERALLY LOCATED BETWEEN
COBBLESTONE ROAD AND PLUM TREE LANE
CASE NAME: AVIARA PARKWAY
CASE NO.: CT 97-1 4
WHEREAS, the United States Fish and Wildlife Service has listed the Califorl
gnatcatcher as a threatened species and therefore subject to certain protections afforded by t
Endangered Species Act; and
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 Califorl
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 procc
for approval of interim impacts, which process may be used until the San Diego County reg
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 be
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim per
must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which hz
been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlst
since March 25, 1993, and a statement of the remaining number sf acres available to the C
from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat under
expedited process provided by the Special Rule, it is necessary for the City Council to ad
seven specific findings which are outlined in the NCCP Conservation Guidelines and resta
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below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to t
construction of Aviara Parkway and has determined that it is appropriate to issue the inter
take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C
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 to Ayr
Land Company for construction of Aviara Parkway between Cobblestone Road and Plum Tr
Lane. The City Council further directs that 3.4 acres shall be subtracted from the availal
balance of coastal sage scrub impacts as shown on Attachment 1 of this resolution, which
incorporated herein by reference.
FINDINGS:
1. In approving the issuance of the interim take permit, the City Council makes I
following findings with respect to the Aviara Parkway project. The City Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conservat
Guidelines because the impact is small, isolated, and degraded habitat.
B. The habitat loss will not cumulatively exceed the 5% limitation, eitl
regionally or locally, in that 16.05 acres will remain available following approval of the take
Aviara Parkway.
C. Connectivity between high value habitat areas will not be precluded becal
the project consists of construction of a road which passes through an approved tentative mi
CT 97-14, which will be constructed in the near future. The 3.4 acre patch of habitat which \
be impacted is surrounded by former agricultural fields. Nearby high value habitat are
include conserved open space in the Cobblestone project and in the Aviara proje
Construction of the road will not preclude connectivity between these high value areas.
D. The habitat loss will not preclude preparation of the subregional NCCP p
because Aviara Parkway lies outside of designated Focused Planning Areas and linkage arc
in the Carlsbad Habitat Management Plan.
E. The habitat loss has been minimized and mitigated to the maximum exti
practicable. Mitigation shall consist of purchase of 6.8 credits from the Manchester Mitigat
Bank in the City of Encinitas.
appreciably reduced because the gnatcatcher is not present on the site, and the patch
habitat being impacted by the project has minimal value for the species.
G. The habitat loss is incidental to otherwise lawful activities, nam
construction of Aviara Parkway between Cobblestone Road and Plum Tree Lane, consist
with the City of Carlsbad Circulation Element of the General Plan.
2. That staff is hereby directed to transmit the City Council’s action as expeditiol
as possible to the U.S. Fish and Wildlife Service and California Department of Fish and Ga
to indicate that the permits have been issued subject to the required 30 day review period.
addition, following the conclusion of the 30 day review period with no objections to the issuar
of the interim take permits from the U.S. Fish and Wildlife Service and California Departmen
F. The likelihood of survival and recovery of listed species will not
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Fish and Game, staff is further directed to take appropriate actions to document the fir
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 7th day of July I
1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
(SEAL)
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0 e ATTACHMENT 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project
San Dieguito Union High School District for South Carlsbad High
165.70 Starting Balance
Acres
6/23/98 10:24
City and Other Public Agency Projects:
School site. Section 7 permit issued, 1993
CalTrans for Poinsettia Lane115 Freeway ramps and auxiliary
1.46
2.1 0 lanes. Section 7 Permit issued. 1995 I I CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss
Poinsettia Park - 4(d) permit issued, 1995
4.30
0.04
Cannon Road Reach 1 - 4(d) permit issued 1995
Hidden Valley Road - Section 7 permit issued 1995
2.40
Cannon Road Reach 2 - 4(d) permit issued 2/97
0.53 Maerkle Reservoir -- additional impacts 1997
6.32
0.10 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
Private Development Projects:
Parkview West - 4(d) permit issued May 1996
Carlsbad Ranch - 4(d) permitissued May I996
1.10
Mar Vista/Emerald Ridge West and East - approved administratively 11/95
6.80 Rancho Verde - Section 7 permit issued 1995
1.10
42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
0.96
,Arrovo La Costa - Section 7 Dermit issued 1993 -Ill .OQ
~
Cobblestone Sea Village- 4(d) permit issued 1/97
Holly Springs agricultural impacts 1997
14.60
Cobblestone Sea Village additional impact approved administrativ
0.27 Carlsbad Ranch - Hidden Valley Road approved administratively 1
0.50
28.00 Carrillo Ranch Phase II Gradina - authorized 11/97
0.1 0
IMeadowlands - 4(d) permit issued 3/98 I 1.30 I I , I. I IPacific View Estates - 4(d) Dermit issued 3/98 I 1.95 I I \ I, I I Ocean Bluff- 4(d) Pending 1998 I 3.98 I
La Costa Village -- 4(d) Pending 4/98 1.70
Green Valley El Camino Real Widening -- 4(d) Pending 6/98
3.40 Ayres Land Co. -- Aviara Parkway -- Pending 4(d) 6/98 7
I 1 1
Total acres authorized to be taken
Note: Ifalics indicates thaf grading permif has nof been issued
16.05 Remaining acres
149.65