HomeMy WebLinkAbout1995-11-07; City Council; 13364; INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR PAKRVIEW WEST PROJECT (COLONY ADVISORS)-- m CITY OF CARLSBAD - AGE R Y A BILL
FOR PARKVIEW WEST PROJECT (COLONY ADVISORS)
RECOMMENDED ACTION:
That the City Council approve Resolution No. q 5 -306 , approving an Interim C
Scrub Take Permit for the Parkview West project, and subtracting 1 .I acres from tl
ITEM EXPLANATION:
As part of the City’s efforts to comply with the federal regulations regarding the I
California gnatcatcher as a threatened species, staff previously prepared an agend:
with the federal 4(d) rule. That agenda bill was removed from the agenda of March 7
to being heard due to questions and concerns from representatives of the Build
Association (BIA). Staff is continuing to discuss these concerns with BIA.
Although 4(d) procedures have not been formally adopted, the resource agc
cooperated with the City in processing some projects involving small impacts to c
scrub. The City Council authorized issuance of Interim Coastal Sage Scrub Take
three City projects which are now under construction or ready to begin constructioi
near future, as well as an Interim Coastal Sage Scrub Take Permit for Aviara Phast
At this time, staff is recommending that an Interim Coastal Sage Scrub Take Perr
for the Parkview West project. The property in question is located in the Southeast
the City, on the east side of Rancho Santa Fe Road, between La Costa Avenue anc
10s Coches. A location map is provided as Exhibit 2.
The Parkview West project was originally approved by the City as tentative map CT
tentative map will expire in January 1996 unless it is finaled. Colony Advisors, thc
of the property, has submitted the necessary documents to final the map and obta
within approximately 60 days. Colony Advisors wishes to concurrently process this
for an Interim Coastal Sage Scrub Take Permit so that they will be able to grade
permit, The Engineering Department is processing the applications and anticipatf
1. The impact is very small (1.1 acres) and will not jeopardize the City’s ability tc
p rio ri tizat io n system.
Permit on a first-come, first-sewed basis.
Page 2 of Agenda Bill 0 No. 1 3,36 4 a
All of the required findings needed for issuance of an Interim Take Permit can be mad
in the attached Resolution. To briefly summarize those findings, the proposed ha
consistent with NCCP Guidelines, it will not cumulatively exceed the 5% limitat
connectivity will be maintained, and it will not preclude implementation of a regional
Mitigation for the 1.1 acres of coastal sage scrub loss will consist of offsite acquisitio
within the Carlsbad Highlands Conservation Bank. After approval of this coastal sage
the City’s remaining balance under the 5% limitation will be 145.22 acres.
If the staff recommendation is approved, the Interim Take Permit will be submitted
Fish and Wildlife Service and California Department of Fish and Game for the requ
review period. If no objection is filed by those agencies within the 30 day period, thl have final approval. The permit will be valid for one year following the date of final
FISCAL IMPACTS
There is no fiscal impact associated with the recommended action.
EXH I BITS
1. Resolution No. q5 .-4 06
2. Location map.
7 L
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
RESOLUTION NO. 95-306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSI CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB 1 PERMIT FOR THE PARKVIEW WEST PROJECT.
WHEREAS, the United States Fish and Wildlife Service has listed the
gnatcatcher as a threatened species and therefore subject to certain protection$
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provic
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the
gnatcatcher pending completion and approval of larger scale plans pursuant to t
Communities Conservation Planning (NCCP) program of the State of Californiz
WHEREAS, among the provisions of the Special Rule is an expedited p
approval of interim impacts, which process may be used until the San Diq
region has taken 5% of the coastal sage scrub existing as of March 25, 1993;
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take
calculated to be 165.7 acres, and all impacts to coastal sage scrub during t
period must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects H
impacted coastal sage scrub habitat in Carlsbad since March 25, 1993, and a
of the remaining number of acres available to the City from the 5% allocation;
WHEREAS, in approving interim impacts to coastal sage scrub habitat
expedited process provided by the Special Rule, it is necessary for the City
adopt seven specific findings which are outlined in the NCCP Conservation Guic
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information rela
Aviara Phase Ill project and has determined that it is appropriate to issue an ii
permit for the project.
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
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of tt
Carlsbad, California as follows:
1.
2.
That the above recitations are true and correct.
That the City Council approves the issuance of an interim take perr
Parkview West project. The City Council further directs that 1.1 acres shall be s
from the available balance of coastal sage scrub impacts as shown on Attach
this resolution, which is incorporated herein by reference.
3. FINDINGS - In approving the issuance of this interim take permi‘
Council makes the following findings with respect to the Parkview West project
Council finds that:
A. The proposed habitat loss is consistent with the NCCP Coi
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitati
regionally or locally.
C. Connectivity between high value habitat areas will not be precli
D. The habitat loss will not preclude preparation of the subregional h
E. The habitat loss has been minimized and mitigated to the main
practicable.
F. The likelihood of survival and recovery of listed species v
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
4. That the issuance of an interim take permit for the Parkview West
not prejudice the City Council’s ability to establish permanent priorities for use c
5% habitat loss allowance.
5. That staff is hereby directed to transmit the City Council’s
expeditiously as possible to the U.S. Fish and Wildlife Service and California C
of Fish and Game to indicate that the permits have been issued subject to tt
30 day review period. In addition, following the conclusion of the 30 day rei
2
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
20
with no objections to the issuance of the interim take permits from the US,
Wildlife Service and California Department of Fish and Game, staff is further d
take appropriate actions to document the final approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cou
City of Carlsbad, California, held on the 7th day of NOVEMBER 7
the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
-A. QzLdZ&- ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
3
Total acres taken
Remaining acres
20.4
145.2
Park View West - Preliminary Biological Resources Report r Vicinity Map
n €
L rl
1
2
3
4
5
6
7
8
9
lo
11
12
13
14.
15
16
17
0 0
PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
the 10th day of July, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: Hal
NOES: None.
ABSENT: Commissioner L'Heureux.
ABSTAIN: None,
Marcus, McFadden, Rombotis, and Smith.
/ 1- i *, 1 , --
I * -e:- i', <\ -G (i I ---
CLARENCE SCHLEHUBER, Chair]
C ARLS BAD PLANNING COMMI S S I I
ATTEST:
MICHAEL J. ZMI~R LAND USE PLAYNING MANAGER
19 l8
20
21
22
23
24
25
26
27
28
I
PC RES0 NO. 2459 -1 2-
r
April 14, 1993
Mr. J. A. Gallagher, President MSK Management Corporation 2141 Palomar Airport Road, Suite 320 Carlsbad, CA 92009
RE: Approval of Extension of Time for Tentative Map No. CT 85-1
Parkview West
The Carlsbad City Council, at its meeting of April 6, 1993, adopter Resolution No. 93-75, approving the extension of time for Tentativl
Map No. CT 85-15/Parkview West.
Enclosed is a copy of Resolution No. 93-75 for your files.
I &&e Assistant City Clerk CMC t
KRK: ijp
Enclosure
1200 Carlsbad Village Drive Carlsbad. California 92008-1 989 - (61 9) 434-2m