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Home My WebLink About1997-08-26; City Council; 14305; INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CT 85-19|PUD 87- MEADOWLANDS&!a. c 3 .I I& e 6 -i CITY OF CARLSBAD - AGEN A BILL INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CT 85-19/PUD 87 - MEADOWLANDS * That the City Council ADOPT Resolution No. $3-569 , APPROVING an interim Sage Scrub Take Permit for CT 85-19/PUD 87, the Meadowlands, and subtral acres from the City’s 5% allocation. ITEM EXPLANATION: This agenda bill is a request for an Interim Coastal Sage Scrub Take Permi Meadowlands project. The property in question is located in the Southeast Quadr; City. A location map is provided as Exhibit 2. The project will impact 1.3 acres c sage scrub, and this impact can be permitted through the 4(d) process. The ’ include redural and disturbed Coastal Sage Scrub (dCSS); however, becaus relatively poor quality, structure, and composition of the dCSS on the proposed prc it is unlikely that California Gnatcatchers would use the area for nesting. Staff recommends issuance of the Interim Take Permit for the Meadowlands proje following reasons: 1. The impact is small, low quality, and will not jeopardize the City’s ability to I 4(d) process for the other private or public projects. Development of the project has significant economic and other benefits for tt 2. 3. Without approval of the 4(d) permit, an alternative permitting mechanisr coastal sage scrub impact would have to be pursued, potentially construction of the project. All of the required findings needed for issuance of an Interim Take can be made, in the attached Resolution. To briefly summarize those findings, the proposed h: will not preclude implementation of a regional habitat plan. Mitigation for the 1.; coastal sage scrub loss consists of the purchase of 1.3 acres of mitigation crE Carlsbad Highlands Mitigation Bank. After approval OF this coastal sage scrub 1 PAGE 2 OF AGENDA m BILL NO. j 4 ~ 3 0 5 0 FISCAL IMPACT: There is no fiscal impact associated with the recommended action. EXHIBITS : 1. 2. Location Map. City Council Resolution No. 99-56? I b rl 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 97-569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE MEADOWLANDS PROJECT, CASE NAME: MEADOWLANDS CASE NO.: CT 85- 19/PUD 87 WHEREAS, the United States Fish and Wildlife Service has listed the gnatcatcher as a threatened species and, therefore, subject to certain protections affor Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule a under Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim ta California gnatcatcher pending completion and approval of larger scale plans pursi Natural Communities Conservation Planning (NCCP) program of the State of Califorr WHEREAS, among the provisions of the Special Rule is an expedited approval of interim impacts, which process may be used until the San Diego County 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 tal calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim be subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization guidelines for determining which projects should be allowed to deduct from the allocation; and WHEREAS, Attachment 1 to this resolution is a listing of all project5 been authorized pursuant to the Special Rule to impact coastal sage scrub habitat b 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e since March 25, 1993, and a statement of the remaining number of acres available tc from the 5% allotation: atid WHEREAS, in approving interim impacts to coastal sage scrub habitat expedited process provided by the Special Rule, it is necessary for the City Counci seven specific findings which are outlined in the NCCP Conservation Guidelines I below in the Findings section of this resolution; and WHEREAS, the City Council has reviewed all pertinent information the Meadowlands project and has determined that it is appropriate to issue an interim for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Cot City of Carlsbad, California as follows: A. B. That the above recitations are true and correct. That the City Council approves the issuance of the an interim take pe Meadowlands project. The City Council further directs that 1.3 acr subtracted from the available balance of coastal sage scrub impacts a Attachment 1 of this resolution, which is incorporated herein by referel Findings: In approving the issuance of this interim take permit, the City Council makes th findings with respect to the Meadowlands project. The City Council frnds that: 1. The proposed habitat loss has been evaluated and found to be consistent wit Conservation Guidelines. The impact of the loss of 1.3 acres of disturbed scrub is consistent with the NCPP Guidelines in that this small acreage is c( insignificant impact to CCS and to gnatcatcher habitat especially since no have been observed on site. The habitat loss will not cumulatively exceed the 5% limitation, either r locally. The City of Carlsbad has 59.91 acres remaining in its 5 percent allc proposed project will take 1.3 acres with other projects currently under revie to take about 35 acres. Consequently, this project will not exceed the Citj allocation. 2. -2- 1 Y 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 3. Connectivity between high value habitat areas will not be precluded. The sub essentially an infill site in an area that is already developed. No habitat of vi either on the subject site or on property on three sides surrounding the site, connectivity is not precluded in these areas. High-value habitat exists to the so1 proposed project does not preclude connectivity between that area and any othe The habitat loss will not preclude preparation of the subregional NCCP plan. ‘ species Habitat Conservation Plan, being worked on by regional age jurisdictions, does not indicate the subject site as being important to the SL 4. plan. The mitigation shall consist of onsite conservation and purchase of credits in th 5. The habitat loss has been minimized and mitigated to the maximum extent I Highland Mitigation Bank. Habitat loss on the site has been minimized by se design which has limited impacts to 1.3 acres. The likelihood of survival and recovery of listed species will not be appreciab The site has been isolated from surrounding habitat areas for many years i gnatcatchers nor other sensitive species inhabit the site. The site is not im wildlife movement or foraging and is not a use area for any listed species. The habitat loss is incidental to otherwise lawful activities. The habitat 1( incidental to residential development of the property as envisioned in th General Plan. Grading will not be allowed until all applicable requiremen Environmental review has been completed and a Subsequent Negative Decl been issued. That staff is hereby directed to transmit the City Council’s action as expec possible to the U. S. Fish and Wildlife Service and California Department ( Game to indicate that the permits have been issued subject to the required 30 period. In addition, following the conclusion of the 30 day review peric objections to the issuance of the interim take permits from the U. S. Fish a: Service and California Department of Fish and Game, staff is further direc appropriate actions to document the final approval of the project. 6. 7. 8. ... ... ... e.. *+* ... -3- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci of the City of Carlsbad, California, held on the 26th day of August by the following vote, to wit: AYES: NOES: None ABSENT: Council Member Kulchin ABSTAIN: None Council Members Lewis, Finnila, Nygaard, and Hall ATTEST: 4LfkA. 4- 62- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -4- * ATTACHMEN7 0 ITEMIZATION OF IMPACTS TO COASTAL SAGE SCRUB 5% ALLOCATION Note: Italics indicates that grading permit has not been issued LAIlIDII L @ MEADOWLANDS CT 85=19/PUD 87 8.