HomeMy WebLinkAbout1997-12-16; City Council; 14480; Pacific View EstatesL .
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CITY OF CARLSBAD - A&DA BILL flo 5
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INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CITY Al-l-Y. az
CT 96-03 - PACIFIC VIEW ESTATES
CITYMGRS
RECOMMENDED ACTION:
That the City Council APPROVE Resolution No. 43 -315 I approving an Interim
Coastal Sage Scrub Take Permit for Pacific View Estates (CT 96-03), and subtracting 1.95
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. Staff is recommending that
an Interim Coastal Sage Scrub Take Permit be issued for the Pacific View Estates project.
The property in question is located in the Northwest Quadrant of the City. A location map
is provided as Exhibit 2.
The 8.52 acre subject site, approved for the development of 30 single family lots and 7
secondary units consists of approximately 1.95 acres of Diegan Coastal Sage Scrub, 2.02
acres of Southern Mixed Chaparral and 4.37 acres of disturbed habitat. Direct impacts to
Diegan Coastal Sage Scrub are considered to be significant but mitigable. Impacts to the
remaining habitats are not considered significant. A focused survey indicated that no
sensitive species including the California gnatcatcher inhabit the site.
Subsequent to approval of the project, the applicant submitted the necessary documents
to obtain a grading permit. The Engineering Department is processing the application and
anticipates approval within approximately 30 days. The applicant 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 Pacific View Estates project
for the following reasons:
1. The impact is small, 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 project has significant economic and other benefits for the City by
providing housing for 37 families.
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
construction of the project.
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. PAGE 2 OF AGEhvA BILL NO. ly, ‘i bo
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 1.95 acres of coastal sage scrub loss consists of the purchase of 2.0 acres of
conservation credits at the Carlsbad Highland Conservation Bank. After approval of this
coastal sage scrub loss, the City’s remaining balance under the 5% limitation will be 29.59
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 IMPACT:
There is no fiscal impact associated with the recommended action.
EXHIBITS:
1. City Council Resolution No. 9 7 - 7 r 5
2. Location map..
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RESOLUTION NO. 97-715
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TARE PERMIT FOR 1.95 ACRES
OF DIEGAN COASTAL SAGE ON THE PACIFIC VIEW
ESTATES PROJECT.
CASE NAME: PACIFIC VIEW ESTATES
CASE NO: CT 96-03
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, the City of Carlsbad has adopted a prioritization system and
guidelines for determining which projects should be allowed to deduct from the City’s 5%
allocation; 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 ,‘:
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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 Pacific View Estates project and has determined that it is appropriate to issue an interim take
permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
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 permit for the
Pacific View Estates project. The City Council further directs that 1.95 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.
Findiws:
In approving the issuance of this interim take permit, the City Council makes the following
findings with respect to the Pacific View Estates project. The City Council finds that:
1.
2.
3.
The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The
impact of the loss of 1.95 acres of coastal sage scrub is consistent with the NCCP
Guidelines in that this small acreage is considered an insignificant impact to CCS and to
gnatcatcher habitat especially since no gnatcatchers have been observed on site.
The habitat loss will not cumulatively exceed the 5% limitation, either regionally or
locally. The City of Carlsbad has 29.59 acres remaining in its 5 percent allocation. The
proposed project will take 1.95 acres with other projects currently under review
proposing to take about 5 acres. Consequently, this project will not exceed the City’s 5
percent allocation.
Connectivity between high value habitat areas will not be precluded. The site is
essentially an intill site in an area that is already developed. No habitat of value exists
either on the subject site or on surrounding properties, therefore, connectivity is not
precluded in these areas.
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The habitat loss will not preclude preparation of the subregional NCCP plan. The Multi-
species Habitat Conservation Plan, being worked on by regional agencies and
jurisdictions, does not indicate the subject site as being important to the sub-regional
plan.
The habitat loss has been minimized and mitigated to the maximum extent practicable.
The mitigation shall consist of the purchase of credits in the Carlsbad Highland
Mitigation Bank. Habitat loss on the site has been minimized by sensitive site design
which has limited impacts to 1.95 acres.
The likelihood of survival and recovery of listed species will not be appreciably reduced.
Neither gnatcatchers nor other sensitive species inhabit the site. The site is not important
for 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 loss will be
incidental to residential development of the property as envisioned in the Carlsbad
General Plan. Grading will not be allowed until all applicable requirements are met.
Environmental review has been completed and a Mitigated Negative Declaration was
issued.
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8. That stafY’ 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 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 16th &yof December , 1998
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ATTEST:
(SEW
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ATTACHMENT 1
ITEMIZATION OF IMPACTS TO COASTAL SAGE SCRUB 5% ALLOCATION
DESCRIPTION OF PROJECT I ACRES
Starting Balance
City and Other Public Agency Projects
165.70
San Dieguito Union High School District for South Carlsbad High School site 1
Section 7 permit issued, 1993
CalTrans for Poinsettia Lane/I-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 I- 4(d) permit issued, 1995
Hidden Valley Road - Section 7 permit issued, 1995
Maerkle Reservoir - additional impacts, 1997
1.46
2.10
4.30
0.04
2.40
6.32
0.53
Private Development Projects
- - Aviara Phase II drainage structure, 1994
Aviara Phase III grading - 4(d) permit issued September 1995
Parkview West - 4(d) permit issued May 1996
Carlsbad Ranch - 4(d) permit issued May 1996
Ranch0 Verde - Section 7 permit issued, 1995
Mar Vista/Emerald Ridge-West and East - 4(d) permit issued administratively
November 1995
Carrillo Ranch Phase I grading - Section 7 permit issued, 1995
Arroyo La Costa - Section 7 permit issued, 1993
Cobblestone Sea Village - Pending
Holly Springs agricultural impacts, 1997
Meadowlands - 4(d) - Pending
Carlsbad Ranch - Hidden Valley Road
0.40
8.68
1.10
1.10
6.80
0.96
42.20
11.00
14.60
0.50
1.30
0.27
Note: Italics indicates that grading permit has not been issued
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PACIFIC VIEW ESTATES
CT 96003/PUD 96-03/
HDP 96003/SDP 96-04