HomeMy WebLinkAbout2000-04-25; City Council; Resolution 2000-131W 0
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RESOLUTION NO. 2000-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE POINSETTIA
LANE BRIDGE WIDENING PROJECT.
CASE NAME: POINSETTIA LANE BRIDGE WIDENING
CASE NO.: CDP 99-30
WHEREAS, the United States Fish and Wildlife Service has listed the Cali!
Gnatcatcher as a threatened species and, therefore, subject to certain protections afford6
the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as proi
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Calif1
gnatcatcher pending completion and approval of larger scale plans pursuant to the NE
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited prc
for approval of interim impacts, which process may be used until the San Diego County re
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 t
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim pf
must be subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization system
guidelines for determining which projects should be allowed to deduct from the City’s
allocation; and
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WHEREAS, a listing (“List”) of all projects which have been authorized purs,
to the Special Rule to impact coastal sage scrub habitat in Carlsbad since March 25, 1993,
a statement of the remaining number of acres available to the City from the 5% allocation
been maintained on file in the Planning Department; 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 ac
seven specific findings which are outlined in the NCCP Conservation Guidelines and rest;
below in the Findings section of this resolution; and J -
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WHEREAS, the City Council has reviewed all pertinent information relating
POINSETTIA LANE BRIDGE WIDENING project and has determined that it is appropri;
issue an interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thl
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 fc
POINSETTIA LANE BRIDGE WIDENING project. The City Council further directs that
acres shall be subtracted from the available balance of coastal sage scrub impacts as s
on “List”, which is incorporated herein by reference.
C. That staff is hereby directed to transmit the City Council’s action as expeditiou:
possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gar
indicate that the permits have been issued subject to the required 30 day review perioc
addition, following the conclusion of the 30 day review period with no objections to the issu
of the interim take permits from the U. S. Fish and Wildlife Service and California Departme
Fish and Game, staff is further directed to take appropriate actions to document the
approval of the project.
Findinqs:
In approving the issuance of this interim take permit, the City Council makes the folk
findings with respect to the POINSETTIA LANE BRIDGE WIDENING project. The City Cc
finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines.
impact is small (0.34 acres), surrounded by existing and approved developr,
spatially isolated from other patches of coastal sage scrub, does not supporf
California gnatcatcher or any other sensitive species, and is not suitable for long-
conservation.
2. The habitat loss will not cumulatively exceed the 5% limitation, either regionall
locally. After deducting the impacts due to this project and other projects that
proceeding concurrently, the City will have 0 acres remaining of its 5% allocation.
3. Connectivity between high value habitat areas will not be precluded. The projecl
along Poinsettia Lane between Carlsbad Boulevard and Avenida Encinas is
contiguous with any high value habitat areas. In addition, the patch of coastal I
scrub being impacted is located on a manufactured slope for a bridge abutment that
constructed in 1985.
4. The habitat loss will not preclude preparation of the subregional NCCP plan. For
reasons stated above, the area of impact has no significance for preparation of
Carlsbad Habitat Management Plan or the North County Multiple Habitat Conserv:
Plan.
5. The habitat loss has been minimized and mitigated to the maximum extent practic:
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The mitigation shall consist of permanent preservation of 0.34 acres at the City’s
Calavera Mitigation Bank.
6. The likelihood of survival and recovery of listed species will not be appreciably red
There are no listed or sensitive species inhabiting or utilizing the area.
7. The habitat loss is incidental to otherwise lawful activities. The impact is necessal
the widening of the Poinsettia Lane Bridge to major arterial standards as called for i
City’s Circulation Element and in the certified Local Coastal Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc
of the City of Carlsbad, California, held on the 25th day of April
by the following vote, to wit:
,
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AYES: Council Members Lewis, Hall, Finnila, Nygaard and Ku
NOES: None
(SEAL)
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