HomeMy WebLinkAbout1995-08-08; City Council; 13260; Interim Coastal Sage Scrub Permit Aviara Phase III1 -. - -
CITY OF CARLSBAD - AGENDA BILL ltfa
AB# /+?dO INTERIM COASTAL SAGE SCRUB TAKE PERMIT TITLE: DEPT. HD. Pa
FOR AVIARA PHASE Ill
MTG. $f+- CITYATTY. w
DEPT. CD MP 1776 CT 92-3 CITY MGR=
RECOMMENDED ACTION:
That the City Council approve Resolution No. 952/f , approving an Interim Coastal Sage
Scrub Take Permit for Aviara Phase III, and subtracting 8.68 acres from the City’s 5% allocation.
~ ITEM EXPLANATION:
/ As part of the City’s efforts to comply with the federal regulations regarding the listing of the
California gnatcatcher as a threatened species, staff previously prepared an agenda bill dealing
with the federal 4(d) rule. That agenda bill was removed from the agenda of March 7, 1995, prior
to being heard due to questions and concerns from representatives of the Building Industry
Association (BIA). The questions raised by the BIA are primarily legal ones, and staff is currently
researching those questions. In particular, the BIA objected to the City’s proposed prioritization
of projects. The BIA’s stated position is that Interim Take Permits should be issued on a strictly
first-come, first-served basis. Staffs present position is that prioritization of projects is necessary
in order to avoid rapid depletion of the City’s relatively small allocation of acres under the 5%
rule.
Subsequently, the City Council authorized issuance of Interim Coastal Sage Scrub Take Permits
for three City projects which have small coastal sage scrub impacts and which are ready to begin
construction in the very near future. No Interim Take permits have yet been approved for private
projects, pending resolution of the legal issues raised by the BIA. However, despite the absence
of final resolution of the prioritization issue, it will be necessary to address some private projects
that are ready to proceed with grading. The purpose of this agenda bill is to address the Aviara
Phase Ill project.
Hillman properties, the developer of the Aviara project, has indicated that they intend to grade
Phase Ill, the final phase of their master plan, this summer. The grading will impact 8.68 acres
of coastal sage scrub habitat. Because the project is located in the coastal zone, grading is
usually limited to the period from April 15 to October 1. Review of the Interim Take Permit by
the federal and state agencies requires 30 days following City Council approval. Thus, there is
some urgency to Aviara’s request if they are to proceed with grading this year. In view of the
urgency, staff has already submitted the project to the U.S. Fish and Wildlife Service and
California Department of Fish and Game to initiate their 30 day review. If the City Council
determines that the Interim Take Permit should not be issued for Aviara Phase Ill, the submittal
to the two resource agencies will be withdrawn immediately.
Staff recommends issuance of the Interim Take Permit for Aviara Phase Ill, for the following
reasons:
1. The impact is relatively small and will not jeopardize the City’s ability to establish a
prioritization system, if prioritization is determined to be legally permissible.
Page 2 of Agenda Bill No. & &h7
2. In a prioritization system, Aviara Phase III would rate a moderate to high priority because it
is a continuation of an ongoing project and it will include construction of Ambrosia Lane
which will provide access to the Zone 19 Community Park. The project will also construct
a portion of Poinsettia Lane and contribute financially to the completion of Poinsettia Lane
and other important public facilities. Thus, the project will provide significant public benefits.
3. In the absence of a prioritization system, Aviara Phase III is ready for issuance of an Interim
Take Permit on a first-come, first-served basis.
Following the City’s approval of the tentative map for Phase Ill, Hillman has worked closely with
the resource agencies, including Coastal Commission staff, to design the project in an
environmentally sensitive manner. Hillman deleted some lots in order to reduce impacts and to
provide for a wildlife movement corridor to adjacent properties. These changes to the project
were accepted as satisfactory by the federal and state agencies and incorporated into the
Coastal Commission approval of the project.
All of the required findings needed for issuance of an Interim Take Permit can be made, as
stated in the attached Resolution. To briefly summarize those findings, the proposed habitat loss
is consistent with NCCP Guidelines, it will not cumulatively exceed the 5% limitation, habitat
connectivity will be maintained, and issuance of the Interim Take Permit will not preclude
implementation of a regional NCCP plan. The project is another example of the City and private
property owners successfully meeting both environmental and economic needs.
FISCAL IMPACTS
There is no fiscal impact associated with the recommended action.
EXHIBITS
1. Resolution No. yso;l/f
Y
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
. 28
RESOLUTION NO. 95-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR AVIARA PHASE Ill.
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
impacted 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 seven specific findings which are outlined in the NCCP Conservation Guidelines and
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to the
Aviara Phase Ill project and has determined that it is appropriate to issue an interim take
permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, California as follows: .
3
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
1. That the above recitations are true and correct.
2. That the City Council approves the issuance of an interim take permit for the
Aviara Phase III project. The City Council further directs that 8.68 acres shall be
subtracted from the available balance of coastal sage scrub impacts as shown on
Attachment 1 of thisresolution, which is incorporated herein by reference.
3. FINDINGS -- In approving. the issuance of this interim take permit, the City
Council makes the following findings with respect to Aviara Phase Ill. The City Council
finds that:
A. The proposed habitat loss is consistent with the NCCP Conservation
Guidelines. The project has been reviewed in this respect by the appropriate federal and
state agencies as part of the Coastal Commission approval of the project,
B. The habitat loss will not cumulatively exceed the 5% limitation, either
regionally or locally.
C. Connectivity between high value habitat areas will not be precluded. The
proposed project incorporates adequate provisions for habitat connectivity in its design,
pursuant to the recommendations of competent, professional wildlife biologists and the
input of the appropriate state and federal resource agencies.
D. The habitat loss will not preclude preparation of the subregional NCCP plan.
The project is consistent with both the Carlsbad Habitat Management Plan and the North
County Multi-Habitat Conservation Plan.
E. The habitat loss has been minimized and mitigated to the maximum extent
practicable. In the review and approval-of this project, all feasible measures were taken
to minimize the impacts of the project on wildlife habitat generally, and habitat for
sensitive or listed species in particular. The mitigation measures required of, and
incorporated into, the project were developed and recommended by competent,
professional wildlife biologists who also obtained and included the input of the appropriate
state and federal resource agencies.
2
4
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
F. The likelihood of survival and recovery of listed species will not be
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
4. That the issuance of an interim take permit for Aviara Phase Ill will not
prejudice the City Council’s ability to establish permanent priorities for use of the City’s
5% habitat loss allowance.
5. That staff is hereby directed to transmit the City Co.uncil’s action as
/ expeditiously as possible to the U.S. Fish and Wildlife Service and California Department I
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
1 with no objections to the issuance of the interim take permits from the U.S. Fish and
Wildlife Service and California Department of 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 8th day of AUGUST , 1995, by
the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
nt City Clerk
c
CC Reso. No. 95-218 Attachment 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project
Starting Balance
City and Other Public Agency Projects:
Acres
165.70
San Dieguito Union High School District for South Carlsbad High 1.46
1 School ! site. Section 7 permit issued, 1993.
CalTrans for Poinsettia Lane/l - 5 Freeway ramps and auxiliary lanes.
Section 7 oermit in orocess.
2.10
Private Development Projects:
Aviara Phase II drainage structure - - 1994
Aviara Phase III grading - - 1995 (PENDING)
0.40
8.68,
Total acres taken 19.38
Remainina acres 146.32