HomeMy WebLinkAbout2000-04-25; City Council; Resolution 2000-133- w
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RESOLUTION NO. 2000-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE SOUTH
AGUA HEDIONDA LIFT STATION AND FORCE MAIN
PROJECT.
CASE NAME: SOUTH AGUA HEDIONDA LIFT STATION
CASE NO.: CUP 99-1 9
WHEREAS, the United States Fish and Wildlife Service has listed the Calif1
AND FORCE MAIN
7 II Gnatcatcher as a threatened species and, therefore, subject to certain protections afford€
the Endangered Species Act; and
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WHEREAS, the Secretary of the Interior has adopted a Special Rule as pro\
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Calif
l2 II gnatcatcher pending completion and approval of larger scale plans pursuant to the N:
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14 WHEREAS, among the provisions of the Special Rule is an expedited pro
l5 for approval of interim impacts, which process may be used until the San Diego County re
l6 has taken 5% of the coastal sage scrub existing as of March 25, 1993; and
17 WHEREAS, the City of Carlsbad’s portion of the 5% allowable take has I
18 calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim pt
19 must be subtracted from this amount; and
Communities Conservation Planning (NCCP) program of the State of California; and
20 WHEREAS, the City of Carlsbad has adopted a prioritization system
21 guidelines for determining which projects should be allowed to deduct from the City’s
22 11 allocation; and
23 // WHEREAS, a listing (“List”) of all projects which have been authorized purs
24 II to the Special Rule to impact coastal sage scrub habitat in Carlsbad since March 25, 1993,
25 II 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 26
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WHEREAS, in approving interim impacts to coastal sage scrub habitat unde
expedited process provided by the Special Rule, it is necessary for the City Council to a
seven specific findings which are outlined in the NCCP Conservation Guidelines and rest
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below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating t
SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN project and has determine(
it is appropriate to issue an interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thc
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 fo
SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN project. The City Cc
further directs that 0.45 acres shall be subtracted from the available balance of coastal
scrub impacts as shown 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 period
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 SOUTH AGUA HEDIONDA LIFT STATION AND FORCE i\
project. The City Council finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines.
impact is small (0.45 acre) and is required for construction of a necessary public fa(
namely a sewer lift station and force main. Although the impact is in an area of
sensitivity and high resource values, there are no feasible environmentally sup
alternatives to the lift station at this location. The project has been designed to mini1
impacts to the maximum extent possible.
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 thal
I proceeding concurrently, the City will have 0 acres remaining of its 5% allocation.
3. Connectivity between high value habitat areas will not be precluded. Although
project is located within a high value area, connectivity will not be precluded bec:
the project has been designed to minimize such impacts. Connectivity will be prov
around the site on all sides. In addition, onsite mitigation will contribute significant
maintenance of connectivity and use of the area by wildlife.
4. The habitat loss will not preclude preparation of the subregional NCCP plan. Althc
the project is located in an area acknowledged to be important for conservation ir
City’s Habitat Management Plan, the small area of impact and the mitigation mea
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will ensure that the project does not preclude completion and final approval of the H
5. The habitat loss has been minimized and mitigated to the maximum extent practic
The mitigation shall consist of enhancement and restoration of 0.9 acres of coastal
scrub habitat onsite. This mitigation will provide significant benefit to the gnatca
and other species that occupy the area.
6. The likelihood of survival and recovery of listed species will not be appreciably redl
Although the general area of the project is occupied by the California gnatcatcher
project will not directly impact the gnatcatcher. The project will impact only a small
(0.45 acres) of habitat that the gnatcatcher is using, and this impact will be mitigate
enhancement of 0.9 acres onsite. Operation of the lift station and force main wi
impact the gnatcatcher. Thus, the project including its mitigation will actually have I
benefit for the gnatcatcher and other species.
7. The habitat loss is incidental to otherwise lawful activities. The project is constructi,
a sewer lift station and force main which are necessary to provide sanitary sewer t
eastern portions of the City.
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 12
by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Ku
ATTEST: f9
(SEAL)
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