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Home My WebLink About1998-11-17; City Council; Resolution 98-3661 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 0 0 RESOLUTION NO. 98-366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR AGUA HEDIONDA VISITOR/INFORMATlON CENTER LOCATED AT THE FUTURE INTERSECTION OF CANNON ROAD AND FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: AGUA HEDIONDA VISITOR/INFORMATlON CENTER CASE NO.: . SDP 98-1 5 WHEREAS, the United States Fish and Wildlife Service has listed the California gnatcatcher as a threatened species and therefore subject to certain protections afforded 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 Natural 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 region 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, 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 adopt - 3’ 0 0 1 below in the Findings section of this resolution; and 2 seven specific findings which are outlined in the NCCP Conservation Guidelines and restated 3 WHEREAS, the City Council has reviewed all pertinent information relating to the 4 appropriate to issue the interim take permit for the project. 5 construction of the Agua Hedionda Visitor/lnformation Center and has determined that it is 6 7 8 9 10 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 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 for the Agua Hedionda Visitor/lnformation Center. The City Council further directs that .99 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on Attachment 1 of this resolution, which is incorporated herein by reference. l2 /I FINDINGS: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. In approving the issuance of the interim take permit, the City Council makes the following findings with respect to the Agua Hedionda Visitor/lnformation Center project. The City Council finds that: A. The proposed habitat loss is consistent with the NCCP Conservation Guidelines because the impact is small, isolated, and degraded habitat. B. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally, in that 4.12 acres will remain available following approval of the take for Agua Hedionda Visitor/lnformation Center. C. Connectivity between high value habitat areas will not be precluded because the project consists of development in a previously disturbed portion of the property. Adjacent high value habitat on other portions of Kelly Ranch is proposed to remain in permanent open space. D. The habitat loss will not preclude preparation of the subregional NCCP plan. E. The habitat loss has been minimized and mitigated to the maximum extent practicable. Mitigation shall consist of onsite preservation of 2.05 acres of coastal sage scrub adjacent to larger areas of open space conservation. F. The likelihood of survival and recovery of listed species will not be appreciably reduced because the gnatcatcher is not present on the site, and the patch of habitat being impacted by the project has minimal value for the species. G. The habitat loss is incidental to otherwise lawful activities, namely construction of the Agua Hedionda Visitor/lnformation Center pursuant to Planning Commission approvals. as possible to the U.S. Fish and Wildlife Service and California Department of Fish and Game to indicate that the permits have been issued subject to the required 30-day review period. In addition, following the conclusion of the 30-day review period with no objections to the issuance of the interim take permits from the U.S. Fish and Wildlife Service and California Department of I 2. That staff is hereby directed to transmit the City Council’s action as expeditiously -2- +! 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 0 0 Fish and Game, staff is further directed to take appropriate actions to document the final approval of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 17th day of November I 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None r7 ATTEST: - 0o-t;tOc 2- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) i -3- .d 3 - ATTACHMENT 1 Itemian of Impacts to Coastal Sage Sa 5% Allocation 4nlQIOQ 13.CA - IVIWI~W 1L.J-t " scrmtlnn nf Proiect I a Pro De- __ .~ _._. . _. . . -, ___ I nu dS Startinn Balance I 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 CalTrans for Poinsettia Lanell-5 Freeway ramps and auxiliary lanes. 1.46 ISection 7 permit issued, 1995 2.10 I CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 4.30 Poinsettia Park - 4(d) permit issued, 1995 0.04 Hidden Valley Road - Section 7 permit issued 1995 6.32 Maerkle Reservoir -- additional impacts 1997 0.53 Cannon Road Reach 2 - 4(d) permit issued 2/97 1.98 La Costa Avenue Widening -- Section 7 1998 0.10 ~ - ~~ Cannon Road Reach 1- 4(d) permit issued 1995 2.40 Private Development Projects: Aviara Phase II drainage structure impacts - 1994 Carlsbad Ranch - 4(d) permitissued May 1996 1.10 Parkview West - 4(d) permit issued May 1996 8.68 Aviara Phase Ill grading - 4(d) permit issued 9/95 0.40 6.80 Rancho Verde - Section 7 permit issued 1995 1.10 Mar Vista/Emerald Ridge West and East - approved administratively 11/95 0.96 Carriilo Ranch Phase I Grading - Section 7 permit issued 1995 42.20 Arroyo La Costa - Section 7 permit issued 1993 1 I .oo Cobblestone Sea Village- 4(d) permit issued 1/97 14.60 Holly Springs agricultural impacts 1997 0.50 Carlsbad Ranch - Hidden Valley Road approved administratively 1997 Cobblestone Sea Village additional impact approved administratively 10/97 0.27 RESERVED FOR FARADAY AVENUE AND EL CAMINO REAL (See 0.35 Poinsettia Lane Extension -- Amin. 4(d) Pending 7/98 0.35 Lincoln North PoinfeIViaSaf - Approved adminisfrative/y 7/98 2.66 Kelly Ranch Area E-- Shea Homes -- 4(d) Pending 7/98 0.78 newton Business Center -- 4(d) approved administratively 6/98 3.40 Ayres Land Co. -- Aviara Parkway -- Pending 4(d) 6/98 2.38 Green Valley El Camino Real Widening -- 4(d) Approved 6/98 I. 70 La Costa Village -- 4(d) Issued 4/98 3.98 Ocean Bluff - 4(d) Issued 3/98 I .95 Pacific View Estates - 4(d) permit issued 3/98 1.30 Meadowlands - 4(d) permit issued 3/98 28.00 Carrillo Ranch Phase I1 Grading - authorized 11/97 0.1 0 Agenda 8ill# 14,820) 161.58 Total acres authorized to be taken 0.99 Agua Hedionda Visifors Center -- 4(d) Pending 10/98 0.30 Skateboard Park -- Approved administratively 8/98 6.50 4.1 2 Remainina acres I w 1 Note: italics indicates that grading permit has not been issued d7