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Home My WebLink About1998-11-17; City Council; Resolution 98-386i 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 e RESOLUTION NO. 98-386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR FARADAY AVENUE, PROJECT NO. 3593, AND SUBTRACTING 5.5 ACRES FROM j7-J CITY’S 5% ALLOCATION. WHEREAS, the United States Fish and Wildlife Service has listed the C; gnatcatcher as a threatened species and, therefore, subject to certain protections afforded Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule as providec Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim take of the Cz gnatcatcher pending completion and approval of larger scale plans pursuant to the Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited procc approval of interim impacts, which process may be used until the San Diego County reg1 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 calcu be 165.7 acres, and all impacts to coastal sage scrub during the interim period rr subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization system and guideli 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 hav authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsba March 25, 1993, and a statement of the remaining number of acres available to the City fl 5% allocation; and WHEREAS, in approving interim impacts to coastal sage scrub habitat unc expedited process provided by the Special Rule, it is necessary for the City Council tc seven specific findings which are outlined in the NCCP Conservation Guidelines and r below in the Findings section of this resolution; and Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e 0 WHEREAS, the City Council has reviewed all pertinent information relating to the F Avenue project and has determined that it is appropriate to issue an interim take permit project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the issuance of the an interim take permit Faraday Avenue project. The City Council further directs that 5.5 acres shall be subtract€ the available balance of coastal sage scrub impacts as shown on Attachment 1 of this res which is incorporated herein by reference. Findinqs: In approving the issuance of this interim take permit, the City Council makes the fc findings with respect to the Faraday Avenue project. The City Council finds that: 1. The proposed habitat loss is consistent with the NCCP Conservation Guide1 15 2. The habitat loss will not cumulatively exceed the 5% limitation, either regio 16 locally. 17 3. Connectivity between high value habitat areas will not be precluded. 4. The habitat loss will not preclude preparation of the subregional NCCP plan. 5. The habitat loss has been minimized and mitigated to the maximum practicable. The mitigation shall consist of habitat creation adjacent to the area of impact, use of land credits from the Carlsbad Highlands Mitigation Bank. 18 19 20 21 22 /I 6. The likelihood of survival and recovery of listed species will not be appi 23 reduced. 24 7. The habitat loss is incidental to otherwise lawful activities. 8. That staff is hereby directed to transmit the City Council’s action as expec as possible to the U. S. Fish and Wildlife Service and California Department of Fish and C 25 26 27 indicate that the permits have been issued subject to the required 30 day review per 28 . I/ 0 a 1 the interim take permits from the U. S. Fish and Wildlife Service and California Department 2 addition, following the conclusion of the 30 day review period with no objections to the issu; the project. 4 and Game, staff is further directed to take appropriate actions to document the final appr 3 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( 6 held on the 17th day of November , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II NOES: None ATTEST: ALETHA L. RAU (SEAL) 23 II 24 25 26 27 28 0 ' ATTACHMENT 1 e Itemization of Impacts to Coastal Sage Scrub 5% Allocation 'Description of Project San Dieguito Union High School District for South Carlsbad High School site. 165.70 Starting Balance Acres . 'Section 7 permit issued, 1993 1.46 ICalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes. Section I7 permit issued, 1995 2.1 0 1 I /9/98 17:og City. and Other Public Agency Projects: CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 0.1 0 La Costa Avenue Widening -- Section 7 1998 1.98 ICannon 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 4.30 Private Development Projects: Aviara Phase II drainage structure impacts - 1994 6.80 Rancho Verde - Section 7 Dermit issued 1995 1.10 ICarlsbad Ranch - 4(d) permitissued May 1996 1.10 IParkview West - 4(d) permit issued May 1996 8.68 'Aviara Phase HI grading - 4(d) permit issued 9/95 0.40 I I 1 ,- 7. Mar Vista/Emerald Ridge West and East - approved administratively 1 1 /95 0.96 I Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 17 .oo Arrovo La Costa - Section 7 Dermit issued 1993 42.20 ICobblestone Sea Villane- 4(d) Dermit issued 1 /97 I 14.60 I Holly Springs agricultural impacts 1997 0.1 0 Cobblestone Sea Villaae additional impact approved administratively 10197 0.27 Carlsbad Ranch - Hidden Valley.Road approved administratively 1997 0.50 Carrillo Ranch Phase II Grading - authorized 11/97 I 28.00 Meadowlands - 4(d) Dermit issued 3/98 I ' 1.30 1 Pacific View Estates - 4(d) permit issued 3/98 1.95 Ocean Bluff - 4(d) Issued 3/98 I. 70 La Costa Villaae -- 4(dl Issued 4/98 3.98 -. %reen Valley El Carnino Real Widening -- 4(d) Approved 6/98 0.78 Newton Business Center -- 4(dl aDDroved administrativelv 6/98 3.40 Ayres Land Co. -- Aviara Parkway -- Pending 4/dl 6/98 2.38 - . .. J Kelly Ranch Area E-- Shea Homes -- 4(d1 Pending 7/98 RESERVED FOR FARADAY AVENUE AND EL CAMINO REAL (See Agenda 0.35 Poinsettia Lane Extension -- Amin. 4(d) Pending 7/98 0.35 Lincoln North PointeNiaSat -- Approved administratively 7/98 2.66 Bill # 14,8201 Agua Hedionda Visitors Center -- 4(d) Pending 10/98 0.30 Skateboard Park -- Approved administratively 8/98 6.00 0.00 Remainino acres 165.70 Total acres authorized to be taken 4.62 Reserved for various capital projects 0.99 ~~~~ ~ Note: Italics indicates that grading permit has not been issued