HomeMy WebLinkAbout1996-05-07; City Council; 13631; Carlsbad Ranch Coastal Sage Scrub.c. -.
CITY OF CARLSBAD - AGENDA BILL
AB# 13,631 TITLE: INTERIM COASTAL SAGE SCRUB TAKE PERMIT
FOR CARLSBAD RANCH PROJECT - CARLTAS
MTG. 5-v -% DEVELOPMENT COMPANY
DEPT. CD *-i’ ,’ --/. i - ~ -*, I
RECOMMENDED ACTION:
CITY Al-W. l
CITY MGR.$$
That the City Council approve Resolution No. 9L - /s’B , approving an Interim Coastal Sage
Scrub Take Permit for the Carlsbad Ranch project, and subtracting 1.1 acres from the City’s 5%
allocation.
ITEM EXPLANATION:
The listing of the California gnatcatcher as a 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 Carlsbad Ranch project. The property in question is located in the Northwest
Quadrant of the City, immediately north of Palomar Airport Road. A location map is provided as
Exhibit 2.
The Carlsbad Ranch project was recently approved by the City Council as Specific Plan 207 (A),
Environmental Impact Report (EIR) 94-1, and related documents. The EIR indicated that the
project would impact 1.1 acres of coastal sage scrub and that this impact could be permitted
through the 4(d) process. The areas containing the habitat are steep manufactured slopes that
were created by the widening of Palomar Airport Road. These slopes were seeded with native
plant species as required by the Coastal Commission. The vegetation has not thrived since
seeding and is low quality habitat. There are no gnatcatchers present.
Subsequent to approval of the Specific Plan and EIR, Carltas Development Company has
submitted the necessary documents to obtain a grading permit. The Engineering Department
is processing the application and anticipates approval within approximately 30 days. Carltas
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 the Carlsbad Ranch project for the
following reasons:
1. The impact is small (1 .l acres), low quality, and will not jeopardize the City’s ability to utilize
the 4(d) process for other private or public projects.
2. Development of the Carlsbad Ranch project has significant economic and other benefits for
the City. A portion of the coastal sage scrub impact is needed to provide for expansion of
the flower field area.
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Page 2 of Agenda Bh No. /3; 6.? 1
3. Without approval of the 4(d) permit, an alternative permitting mechanism for the coastal sage
scrub impact would have to be pursued, potentially delaying planting of the expanded flower
field area.
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 .l acres of coastal
sage scrub loss consists of purchase of mitigation credits from the Carlsbad Highlands Conservation Bank. After approval of this coastal sage scrub loss, the City’s remaining balance
under the 5% limitation will be 142.42 acres.
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. 96- 1558
2. Location map.
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RESOLUTION NO. 96-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE CARLSBAD RANCH 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
Carlsbad Ranch project and has determined that it is appropriate to issue an interim take
permit for the project.
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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 I Carlsbad Ranch project. The City Council further directs that 1.1 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 Carlsbad Ranch 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 Carlsbad Ranch 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
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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 7th day of MAY I &&, by
the following vote, to wit:
AYES: Council Members Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council Member Lewis
ATTEST:
NZ, City Clerk KAREN R. KUNDT stant City Clerk (SEAL)
CC Reso. No. 96-158 Attachment 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
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 issued, 1995
Acres
165.70
1.46
2.10
CMWD - lining and covering of Maerkle Reservoir -
4(d) permit issued, 1995 4.30
Poinsettia Park - 4(d) permit issued, 1995 0.04
Cannon Road Reach 1 - 4(d) permit issued, 1995 2.40
Private Development Projects:
Aviara Phase II drainage structure - 1994 0.40 Aviara Phase III grading - 4(d) permit issued 1995 8.68 Parkview West - 4(d) permit issued 1996 1.10 La Costa Plaza - PENDING 1.70 Carlsbad Ranch - PENDING 1.10
Total acres taken 23.28
Remainina acres 142.42
EXHIBIT 2
AGUA HEDIONDA LAGOON
AG/RUD/DIS AgricultumI/ Ruderol/Disturbed RS-D Riporion Scrub- Disturbed
DCSS Diegon Coastal Sage Scrub SMC Southern Mixed Chaparral
DCSS-D Diegon Coastal Sage Scrub-Disturbed HOIA California Homed Lark
(Eremophilo olpestris octio)
DN Developed
Impacted Area
FWM-D Freshwoter Marsh - Disturbed m
SOURCE: Sweetwater Environmenfd Biologists, Inc. Figure 5-8 ’ 4 Impacts to
fe!!!! A ’ *d, ’ ’ 1ZOW north Biological Resources
Carl&ad Ranch Specific Pian Amendment
Program EIR 5.4-9 City of Carlsbad
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