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Home My WebLink About1997-01-07; City Council; 13980; INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR COBBLESTONE SEA VILLAGE PROJECT CT 84-32A1 a w 3 a x 14, 2 I. z 0 F 0 4 J 0 z 3 0 0 I CITY OF CARLSBAD -AGENDA BILL AB# /%?x0 TITLE INTERIM COASTAL SAGE SCRUB TAKE PERMIT DEPTl HD, MTG. 1- 7 r 7') DEPT. CD FOR COBBLESTONE SEA VILLAGE PROJECT (CT 84-32A) CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council approve Resolution No. 7 7 - 3 , approving an Interim Cc Scrub Take Permit for the Cobblestone Sea Village project, and subtracting 14.6 the City's 5% allocation. ITEM EXPLANATION: The listing of the California gnatcatcher as a threatened species established the was created to address projects with small impacts. This process is known permit or Interim Coastal Sage Scrub Take Permit. The Cobblestone Sea Village applied for a 4(d) permit. The property is located Local Facilities Management Zo Southwest Quadrant of the City. A location map is provided as Exhibit 2. 4(d) permit policies, procedures, and guidelines have been adopted by the C Cobblestone Sea Village project has been analyzed with respect to these. The within Priority 2 of the adopted guidelines (more than one acre and less than impact). Staff finds that the project is consistent with the City's guidelines and pol The project will impact 14.6 acres of coastal sage scrub. Mitigation will c combination of onsite conservation and credits previously purchased in ph; Carlsbad Highlands mitigation bank. The mitigation is consistent with the Ci mitigation guidelines. The onsite conservation area will contribute to the C for a federal permit to impact any coastal sage scrub vegetation. A special per Management Plan by providing adequate habitat area and connectivity in Zone 2 The applicant has recently submitted the necessary documents to obtain a gra The Engineering Department is processing the application and anticipates thai permit will be ready for issuance in the near future, subject to approval of this Staff recommends issuance olf the Interim Take Permit for the Cobblestone project for the following reasons: 1. The impact is relatively small, involving relatively low quality habitat, jeopardize the City's ability to utilize the 4(d) process for other private or pul Development of the project will provide benefits to the community incluc both market rate and affordable, public facilities, and revenues to the City. 3. The project has been reviewed by the U.S. Fish and Wildlife Service and C 2. Starting Balance Previous Approvals Cobblestone Sea Village New Balance 165.7 37.36 14.6 I 13.74 QUADRANGLES. J R€ 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 - 1.5 16 17 18 . 19 20 21 22 23 24 25 26 27 28 LAHIBIT I 0 0 RESOLUTION NO. 9 7-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSI CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE COBBLESTONE SEA VILLAGE PROJECT. WHEREAS, the United States Fish and Wildlife Service has listed the Cal gnatcatcher as a threatened species and, therefore, subject to certain protectioi by the Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule as F under 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 Communities Conservation Planning (NCCP) program of the State of California; WHEREAS, among the provisions of the Special Rule is an expedited pri 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 calculated to be 165.7 acres, and all impacts to coastal sage scrub during the period must be subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization system an1 for determining which projects should be allowed to deduct from the City's 5' and WHEREAS, Attachment 1 to this resolution is a listing of all projects w been authorized pursuant to the Special Rule to impact coastal sage scrub ha1 Carlsbad since March 25, 1993, and a statement of the remaining number of available to the City from the 5% allocation; and WHEREAS, in approving interim impacts to coastal sage scrub habitat expedited process pirovided by the Special Rule, it is necessary for the City C 1 2 3 4 5 6 7 -8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 9 e adopt seven wecific findings which are outlined in the NiYP Conservation Gui restated below in the Findings section of this resolution; and WHEREAS, the City Council has reviewed all pertinent information relati Cobblestone Sea Village project and has determined that it is appropriate to iss interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of th Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That the City Council approves the issuance of the an interim ta the Cobblestone Sea Village project. The City Council further directs that 14.t be subtracted from the available balance of coastal sage scrub impacts, leavin of 113.74 acres, as shown on Attachment 1 of this resolution, which is incork herein by reference. 3. FINDINGS - In approving the issuance of this interim take permit Council makes the following findings with respect to the Carlsbad Ranch proje Council finds that: A. The proposed habitat loss is consistent with the NCCP Cor Guidelines. B. The habitat loss will not cumulatively exceed the 5% limit: regionally or locally. C. D. Connectivity between high value habitat areas will not be I The habitat loss will not preclude preparation of the subre( plan. E. The habitat loss has been minimized and mitigated to the I extent practicable. The mitigation shall consist of onsite conservation and pu credits in phase I of the Carlsbad Highland Mitigation Bank. -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 28 e 0 F. The likelihood of survival and recovery of listed species wil appreciably reduced. G. The habitat loss is incidental to otherwise lawful activities. That staff is hereby directed to transmit the City Council's actio expeditiously as possible to the U. S. Fish and Wildlife Service and California C Fish and Game to indicate that the permits have been issued subject to the rei review period. In addition, following the conclusion of the 30 day review peril objections to the issuance of the interim take permits from the U. S. Fish and Service and California Department of Fish and Game, staff is further directed appropriate actions to document the final approval of the project. 4. PASSED, APPROVED AND ADOPTED at a regular meeting of the City City of Carlsbad, California, held on the 7th day of ' January the following vote, to wit: AYES; Council Members Lewis, Finnila, Nygaard, Kulchin and NOES: None ABSENT: None ATTEST: (2JktL4 Q& ALETHA L. RAUTENKRANZ, City Clerk ) ' (SEAL) -3 - Description of Project Starting Balance San Dieguito Union .High School District for South Carlsbad High School site. Section 7 permit issued, 1993 CalTrans for Poinsettia Lanell-5 Freeway ramps and auxiliary lanes. Section 7 permit issued, 1995 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued Poinsettia Park - 4(d) permit issued, 1995 Cannon Road Reach I- 4(d) permit issued 1995 Hidden ~ Valley Road - Section 7 permit issued 1995 City and Other Public Agency Projects: Private Development Projects: Aviara Phase II drainage structure - 1994 Aviara Phase 111 grading - 4(d) permit issued September 1995 Parkview West - 4(d) permit issued May 1996 La Costa Plaza - PENDING Carlsbad Ranch - 4(d) issued May 1996 Rancho Verde - Section 7 permit issued 1995 Mar VistdEmerald Ridge West and East - 4(d) permit issued administratively November 1 995 ,Carrill0 Ranch Phase I Grading - Section 7 permit issued 1995 Arroyo La Costa - Section 7 permit issued 1993 Cobblestone Sea Village - Pending Total acres authorized to be taken Remaining acres Note: Italics indicates that grading pennit has not been issued I 16 j