HomeMy WebLinkAbout1998-03-10; City Council; 14580; INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CT 93-09 - OCEAN BLUFF. . p 2 d x iz
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CITY OF CARLSBAD -A&A BILL
TITLE:
INTERIM COASTAL SAGE SCRUB TAKE PERMIT
FOR CT 93-09 - OCEAN BLUFF
RECOMMENDED ACTION:
That the City Council APPROVE Resolution No. ypdd3 , APPROVING an Interim
Coastal Sage Scrub Take Permit for Ocean Bluff, CT 93-09, and subtracting 3.98 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.
At this time, staff is recommending that an Interim Coastal Sage Scrub Take Permit be
issued for the Ocean Bluff project. The property in question is located in the Southwest
Quadrant of the City. A location map is provided as Exhibit 2.
The project will impact 3.98 acres of coastal sage scrub and a single pair of gnatcatchers,
and this impact can be permitted through the 4(d) process. The impact to coastal sage
scrub habitat described as diverse and dense at some locations occurs within a drainage
course along the western slope of a canyon. The canyon is located east of the intersection
of Aviara Parkway and Poinsettia Lane and within the future Poinsettia Lane roadway
alignment. The Ocean Bluff project is conditioned to construct Poinsettia Lane from its
current easterly terminus to the southwestern project boundary; therefore, the impact is
unavoidable.
Subsequent to approval of the project, the applicant has submitted the necessary
documents to obtain a grading permit. The Engineering Department is processing the
application and anticipates approval concurrent with the beginning of the summer coastal
grading season (April 1 - October 1). The applicant wishes to process this 4(d) permit
application concurrently with the grading permit application so that they will be able to clear
the habitat and to grade the property promptly upon issuance of the grading permit.
Staff recommends issuance of the Interim Take Permit for the Ocean Bluff 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 in
that a major east-west circulation arterial roadway would be graded and partially
constructed.
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PAGE 2 OF AGENDA BILL NO. &If-B
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.
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 3.98 acres of coastal sage scrub loss consists of the preservation at a 2:l ratio of 7.96
acres of comparable quality habitat in the Carlsbad Highlands mitigation bank. After
approval of this coastal sage scrub loss, the City’s remaining balance under the 5%
limitation will be 25.61 acres.
If the staff recommendation is approved, the Interim Take Permit will be submitted to the US
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. 9f-43
2. Location Map.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE OCEAN
BLUFF PROJECT.
CASE NAME: OCEAN BLUFF
CASE NO.: CT 93-09
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
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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 Ocean Bluff 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. That the above recitations are true and correct.
B. That the City Council approves the issuance of the an interim take permit
for the Ocean Bluff project. The City Council further directs that 3.98
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.
Findinas:
In approving the issuance of this interim take permit, the City Council makes the
following findings with respect to the Ocean Bluff project. The City Council finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines
2. The habitat loss will not cumulatively exceed the 5% limitation, either regionally
or locally, in that the project will impact 3.98 acres leaving a City of Carlsbad 5%
habitat allocation balance of 25.81 acres.
3. Connectivity between high value habitat areas will not be precluded in that the
area of disturbance is not a part of a Preserve Planning Area core area and the
project will not result in further disturbance within Linkage Planning Area F
identified in the City’s draft HMP.
4. The habitat loss will not preclude preparation of the subregional NCCP plan in
that the development proposal is consistent with the City’s draft HMP.
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The habitat loss has been minimized and mitigated to the maximum extent
practicable. The mitigation shall consist of the purchase for preservation at a 2:l
ratio 7.96 acres of coastal sage scrub habitat in the Carlsbad Highlands
mitigation bank .
The likelihood of survival and recovery of listed species will not be appreciably
reduced in that the disturbed habitat will be mitigated at a 2:l ratio within a core
area of a Preserve Planning Area identified by the City’s draft HMP .
The habitat loss is incidental to otherwise lawful activities in that the approved
subdivision map including the required offsite improvement of Poinsettia Lane is
consistent with all applicable State and local land use regulations.
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 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 10th day of fir&
, 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: N
All-EST:
&$?cuJ 2!
ALETHA L. FWUTENKRANZ, City Clerk
(SEAL)
-3- 3-
ATTACHMENT 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
2/l 2198 13:55
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 - linina and coverina of Maerkle Reservoir - 4(d) oermit iss
1.46
2.10
4.30
/Poinsettia Park - 4(d) permit issued, 1995
iCannon Road Reach I- 4(d) permit issued 1995
! 0.04 1
2.40
Hidden Valley Road - Section 7 permit issued 1995 6.32
Maerkle Reservoir -- additional impacts 1997 0.53
Private Development Projects: I Aviara Phase II drainage structure - 1994 0.40
Aviara Phase Ill grading - 4(d) permit issued September 1995 8.68
Parkview West - 4(d) permit issued May 1996 1.10
Carlsbad Ranch - 4(d) issued May 1996 1.10
Ranch0 Verde - Section 7 oermit issued 1995 6.80
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 Villaae
0.96
42.20
11.00
14.60
Holly Springs agricultural impacts 1997 0.50
Meadowlands - 4(d) Pending 7.30
Carlsbad Ranch - Hidden Valley Road 0.27
Cobblestone Sea Village additional impact 1997 - Pending 0.10
Carrillo Ranch Phase II Grading - authorized 1 l/97 28.00
Pacific View Estates - 4(d) Pending 1.95
Ocean Bluff - 4(d) Pendina 3.98
Total acres authorized to be taken
Remaining acres
Note: Balks indicates fhat grading permit has nof been issued
140.09
25.61
tAmIT 2
March 16,1998
Catellus Residential Group, Inc.
5 Park Plaza, Suite 400
Irvine, CA 92614
Re: Interim Coastal Sage Scrub Take Permit
The Carlsbad City Council, at its meeting of March 10, 1998, adopted Resolution No. 98-63,
approving an Interim Coastal Sage Scrub Take Permit for Ocean Bluff, CT 93-9.
As a courtesy, please find a copy of Resolution No. 98-63 for your files.
ISABELLE J. PAULSEN
Administrative Secretary
/ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @
March 16,1998
Jack Henthom & Associates
543 1 Avenida En&as, Suite J
Carlsbad, CA 92008
Re: Interim Coastal Sage Scrub Take Permit
The Carlsbad City Council, at its meeting of March 10, 1998, adopted Resolution No. 98-63,
approving an Interim Coastal Sage Scrub Take Permit for Ocean Bluff, CT 93-9.
As a courtesy, please find a copy of Resolution No. 98-63 for your files.
ISABELLE J. PAULSEN
Administrative Secretary
/ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808