HomeMy WebLinkAbout1995-05-16; City Council; 13132; INTERIM COASTAL SAGE SCRUB TAKE PERMITS FOR POINSETTIA PARK, MAERKLE RESERVOIR, AND CANNON ROAD REACH 1AB#
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1 3, 1 3 2 TITLE: INTERIM COASTAL SAGE SCRUB TAKE PERMITS
FOR POINSETTIA PARK, MAERKLE RESERVOIR, AND
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0 CITY OF CARLSBAD - AGE I$ i)A BILL
RECOMMENDED ACTION:
That the City Council approve Resolution No. PX’ 1 l approving Interim Coasta
Take Permits for Poinsettia Park, Maerkle Reservoir, and Cannon Road Reach 1, an
the appropriate acreage from the City’s 5% allocation.
ITEM EXPLANATION:
As part of the City’s efforts to comply with the federal regulations regarding the
California gnatcatcher as a threatened species, staff previously prepared an agenc
with the federal 4(d) rule. That agenda bill was removed from the agenda of March ’
to being heard due to questions and concerns from some representatives of the
industry. The questions raised by the development industry are primarily legal or
is currently researching those questions. In particular, the development industry ir
the proposed prioritization of projects.
The City Attorney’s Office is researching the legal questions, and staff will be ret
Council with a report and recommendations on full implementation of the 4(d) prc
meantime, certain City projects which have small coastal sage scrub impacts and
permit are in a position to proceed to bidding and construction in the near future. TI
are Poinsettia Park, lining and capping of the Maerkle Reservoir, and Cannon Rc
If these projects do not receive 4(d) permits soon, their schedules for construcl
jeopardized.
All three projects have small coastal sage scrub impacts, as shown below:
Project Acreage of CSS
Impacts
Poinsettia Park 0.04
Maerkle Reservoir 4.3
Cannon Road Reach 1 2.4
Total 6.74
All three projects have important public benefits. Poinsettia Park is needed to me
Management Standard for Parks in the Southwest Quadrant. Lining and cappin!
Reservoir is a requirement of the State Department of Health Services. Car
essential to the City’s economic development program for Carlsbad Ranch.
In view of the small size of the impacts, the urgency of the projects and their pub
is recommended that the City Council authorize the issuance of 4(d) permits to t
in advance of having the final answer to the development industry’s questions. Be(
will still have 155 acres of allowable impact remaining after approval of these threc
6 0 Page 2 of Agenda Bill 0. 13 \3&
recommended action will not significantly reduce the City’s options for addressing
and private projects once the development industry’s concerns have been answered
is based on public necessity and will not prejudice the City Council’s ability
permanent priorities.
If the Council concurs with the recommendation, staff will notify the U.S. Fish and Wi
and California Department of Fish and Game that the permits have been issued s
required 30 day agency review period. Upon expiration of the review period with
from the two resource agencies, the projects will have final approval, and con!
proceed.
A companion item on tonight’s agenda is authorization to solicit bids for Poinsettia
Council concurs with the recommendation regarding the handling of these three projc
project may be put out for bid during the 30 day review period for the 4(d) permit.
can only occur after the 30 day period has elapsed with no objections from
agencies.
FISCAL IMPACTS
There is no fiscal impact associated with the recommended action.
EXHIBITS
1. Resolution No. q5-t \7
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RESOLUTION NO. 95-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL CALIFORNIA, APPROVING INTERIM COASTAL SAGE SCRUB TAKE PE FOR POINSETTIA PARK, MAERKLE RESERVOIR, AND CANNON REACH 1.
WHEREAS, the United States Fish and Wildlife Service has listed thl
gnatcatcher as a threatened species and therefore subject to certain protectic
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as prc
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of tt-
gnatcatcher pending completion and approval of larger scale plans pursuant tc
Communities Conservation Planning (NCCP) program of the State of Califorr
WHEREAS, among the provisions of the Special Rule is an expedited
approval of interim impacts, which process may be used until the San Diego C
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 bee
to be 165.7 acres, and ail impacts to coastal sage scrub during the interim pe
subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects
impacted coastal sage scrub habitat in Carlsbad since March 25, 1993, and
of the remaining number of acres available to the City from the 5% allocatior
WHEREAS, in approving interim impacts to coastal sage scrub habit,
expedited process provided by the Special Rule, it is necessary for the Ci
adopt seven specific findings which are outlined in the NCCP Conservation GI
restated below in the Findings section of this resolution: and
WHEREAS, the City Council has reviewed all pertinent information relatins
Park, Maerkle Reservoir, and Cannon Road Reach 1 and has determir
necessary and in the public interest to issue an interim take permit for these tl
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NOW, THEREFOREl BE IT HEREBY RESOLVED by the City Council oi
Carlsbad, California as follows:
1.
2.
That the above recitations are true and correct.
That the City Council approves the issuance of interim take per
following projects and acres of coastal sage scrub impact - Poinsettia Park,
Maerkle Reservoir, 4.3 acres; and Cannon Road Reach 1, 2.4 acres. The
further directs that the acres stated herein shall be subtracted from the avail;
of coastal sage scrub impacts as shown on Attachment 1 of this resolutic
incorporated herein by reference.
3. That in approving the issuance of these three interim take perm
Council makes the following findings with respect to Poinsettia Park, Maerkl
and Cannon Road Reach 1. The City Council finds that:
A. The proposed habitat loss is consistent with the NCCP (
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitation.
C. Connectivity between high value habitat areas will not be pret
proposed projects incorporate adequate provisions for habitat ct
their design utilizing onsite conservation, revegetation, and 0th
pursuant to the recommendations of competent, professional wild
and the input of the appropriate state and federal resource agenc
D. The habitat loss will not preclude preparation of the subregiana
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E. The habitat loss has been minimized and mitigated to the maxi
practicable. In the review of these projects for compliance with tt-
Environmental Quality Act, all feasible measures were taken to n
impacts of the projects on wildlife habitat generally, and habitat for
listed species in particular. The mitigation measures requirc
incorporated into, the projects were developed and recommended by
professional wildlife biologists who also obtained and included the
appropriate state and federal resource agencies.
F. The likelihood of survival and recovery of listed species
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
exception of the interim habitat loss permits addressed herein, the pi
previously received all necessary approvals to proceed with consi
are a matter of public necessity.
That the issuance of interim take permits for Poinsettia Park, Ca
Reach 1, and Maerkle Reservoir will not prejudice the City Council’s ability
permanent priorities for use of the City’s 5% habitat loss allowance.
4.
5. That staff is hereby directed to transmit the City Council’s action as e:
as possible to the U.S. Fish and Wildlife Service and California Department
Game to indicate that the permits have been issued subject to the required 30
period. In addition, following the conclusion of the 30 day review period with nc
to the issuance of the interim take permits from the U.S. Fish and Wildlife !
California Department of Fish and Game, staff is further directed to take appropi
to document the final approval of the projects.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc
City of Carlsbad, California, held on the 16th day of MAY , 1
following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
Z, City Clerk
ant City Clerk
(SEAL)
4
Description of Project
Starting Balance
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 Lane/l-5 Freeway ramps and auxiliary lanes.
Section 7 permit in process. CMWD - lining and covering of Maerkle Reservoir
Poinsettia Park
Cannon Road Reach 1
Private Development Projects:
Aviara Phase II drainage structure - - 1994
Total acres taken
Remaining acres
Acres
165.7C
1.4E
2.1 c
4.3(
0. QL
2.4(
0.41
IO.'
155.1