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HomeMy WebLinkAbout1996-05-07; City Council; 13630; La Costa Plaza Coastal Sage Scrubwp 25 % -% . . g 2 d g s _- - CITY OF CARLSBAD - AGErdA BILL AB# j?, ($30 TITLE- INTERIM COASTAL SAGE SCRUB TAKE PERMIT GA COSTA PLAZA - BURNS DEVELOPMENT COMPANY MTG. (SDP 86-3) 5 ^- 3 - $6 DEPT. CD DEPT. HD. CITY Al-W. CITY MGR.- RECOMMENDED ACTION: That the City Council approve Resolution No. 36 - / 5 7 , approving an Interim Coastal Sage Scrub Take Permit for the La Costa Plaza project, and subtracting 1.7 acres from the City’s 5% allocation. ITEM EXPLANATION: The listing of the California gnatcatcher as threatened species established the requirement for a federal permit to impact any coastal sage scrub vegetation. A special permit process was , created to address projects with small impacts. This process is known as the 4(d) permit or Interim Coastal Sage Scrub Take Permit. Although 4(d) permit policies and procedures have not been formally adopted by the City, several projects involving small impacts to coastal sage scrub have been processed in that manner. At this time, staff is recommending that an Interim Coastal Sage Scrub Take Permit be issued for the La Costa Plaza project. The property in question is located in the Southeast Quadrant of the City, at the intersection of Ranch0 Santa Fe Road and La Costa Avenue. A location map is provided as Exhibit 2. The La Costa Plaza project was originally approved by the City as SDP 86-3. Burns Development Company, the new owner of the property, has submitted the necessary documents to obtain a grading permit. The Engineering Department is processing the applications and anticipates approvals within approximately 45 days. Burns Development Company wishes to process this 4(d) permit application concurrently with the grading permit application so that they will be able to grade the property promptly upon issuance of the grading permit. Staff recommends issuance of the Interim Take Permit for La Costa Plaza for the following reasons: 1. The impact is small (1.7 acres) and will not jeopardize the City’s ability to utilize the 4(d) process for other private or public projects. 2. La Costa Plaza is a commercial project which will serve the residents of the Southeast Quadrant and provide revenues to the City. 3. Without approval of the 4(d) permit, the grading permit could not be issued at this time. 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 the guidelines of Natural Communities Conservation Planning, it will not cumulatively exceed the City’s 5% limitation, habitat connectivity will be maintained, and it will not preclude implementation of a regional habitat plan. Mitigation for the 1.7 acres of coastal sage scrub loss will consist of offsite acquisition. After approval of this coastal sage scrub loss, the City’s remaining balance under the 5% limitation will be 143.52 acres. / - Page 2 of Agenda Bh No. 13.630 If the staff recommendation is approved, the Interim Take Permit will be submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Game for the required 30 day review period. If no objection is filed by those agencies within the 30 day period, the permit will have final approval. The permit will be valid for one year following the date of final approval. FISCAL IMPACTS There is no fiscal impact associated with the recommended action. EXHIBITS 1. Resolution No. 9 b- 15 q 2. Location map. 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. 96-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE LA COSTA PLAZA PROJECT. 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 been authorized pursuant to the Special Rule to impact 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 La Costa Plaza project and has determined that it is appropriate to issue an interim take 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 the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the issuance of an interim take permit for the La Costa Plaza project. The City Council further directs that 1.7 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on Attachment 1 of this resolution, 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 the La Costa Plaza project. The City Council finds that: A. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. 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. D. The habitat loss will not preclude preparation of the subregional NCCP plan. E. The habitat loss has been minimized and mitigated to the maximum extent practicable. 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 the La Costa Plaza project will not prejudice the City Council’s ability to establish an allocation system for use of the City’s, 5% habitat loss allowance. 5. That staff is hereby directed to transmit the City Council’s action as expeditiously as possible to the U.S. Fish and Wildlife Service and California Department 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 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 with no objections to the issuance of the interim take permits from the US. 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 1996 City of Carlsbad, California, held on the 7th day of MAY the following vote, to wit: AYES: Council Members Nygaard, Kulchin, Finnila, Hall NOES: None , ==, by ABSENT: Council Member Lewis ATTEST: KAREN R. KUNDTZ, ww Z, City Clerk nt City Clerk 3 CC Reso. No. 96-157 Attachment ltemization of Impacts to Coastal Sage Scrub 5% Allocation 1 Description of Project Starting Balance City and Other Public Agency Projects: Acres 165.70 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 issued, 1995 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 Poinsettia Park - 4(d) permit issued, 1995 Cannon Road Reach 1 - 4(d) permit issued, 1995 1.46 2.10 4.30 0.04 2.40 Total acres taken 22.18 Remaining acres 143.52 . EXHIBIT 2 i ( I I i’ I: 1 . .