HomeMy WebLinkAbout1998-05-12; City Council; 14671; La Costa Village Coastal Sage Scruba
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CITY OF CARLSBAD - AGEWA BILL
AB# /q:oi TITLE:
MT& 5- 12-78 INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR
DEPT. PLN d
LA COSTA VILLAGE - SDP 86-03(A) -WALTERS GROUP
RECOMMENDED ACTION:
DEPT. HD.
CITY All-Y. iii!!!k .
CITYMGR %-
That the City Council ADOPT Resolution No. q8- 1 q / , APPROVING an Interim Coastal Scrub
Take Permit for the La Costa Village project, and subtracting 1.7 acres from the City’s 5% allocation.
ITEM EXPLANATION:
The listing of the California gnatcatcher as 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 La Costa Village project. The property in question is located in the Southeast Quadrant of the
City, at the intersection of Ranch0 Santa Fe Road and La Costa Avenue. A location map is
provided as Exhibit 2.
The La Costa Village project was originally approved by the City as SDP 86-03, and an amendment
was approved on April 3, 1996. The Walters Group has submitted the necessary documents to
obtain a grading permit and 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.
This project had previously received City Council approval for a 4(d) Permit. The permit was valid
for one year, but the project did not proceed within the one year time frame and the 4(d) permit
expired. Therefore a new 4(d) Permit is requested at this time.
At the request of the wildlife agencies, Ogden Environmental and Energy Services conducted a
resurvey of the site on February 6, 1998. The results of this survey are provided as Exhibit 3. This
recent survey identifies a reduction of the coastal sage scrub from the 1.7 acres of coastal sage
scrub previously identified on the site. However, it is the opinion of the wildlife agencies that the take
of CSS should still be considered to be 1.7 acres which must be mitigated at a 1 :I ratio. The wildlife
agencies are in agreement that the quality of the coastal sage scrub on this site is low due to its
small size, isolation from other coastal sage scrub habitat and degree of disturbance.
Staff recommends the issuance of the Interim Take Permit for La Costa Village for the following
reasons:
1. The impact is small (1.7 acres) and will not jeopardize the City’s ability to utilize the 4(d)
process for other private or public projects.
2. La Costa Village is a commercial project which will serve the residents of the Southeast
Quadrant and provide revenues to the City.
3. Without approval of the 4(d) permit, the grading permit could not be issued at this time.
PAGE 2 OF AGENDiL NO. 1 qi [or, 1
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 the 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 1.7 acres of coastal sage
scrub loss will consist of offsite acquisition of mitigation credits from the Manchester Mitigation Bank
in Encinitas. After approval of this coastal sage scrub loss, the City’s remaining balance under the
5% limitation will be 21.83 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:
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3.
City Council Resolution No. 98- )Y/
Location Map
Biological study letter from Ogden Environmental and Energy Services, dated March 11,
1998.
RESOLUTION NO. 98-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE LA
COSTA VILLAGE PROJECT
CASE NAME: LA COSTA VILLAGE
CASE NO.: SDP 86-03(A)
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WHEREAS, the United States Fish and Wildlife Service has listed the
California gnatcatcher as a threatened species and therefore subject to certain
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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;
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and
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take has
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been calculated to be 165.7 acres, and all impacts to coastal sage scrub’ during the
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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
28 available to the City from the 5% allocation; and z
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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 La Costa Village project and has determined that it is appropriate to issue
the interim take permit for the project.
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 La Costa Village project. The City Council further directs that 1.7 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 the interim take permit, the City
Council makes the following findings with respect to the La Costa Village project. The
City Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conservation
Guidelines because the impact is small, isolated, and degraded habitat.
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
because the site has existing development on three sides and has no potential for long-
term connectivity with high value areas.
D. The habitat loss will not preclude preparation of the subregional NCCP
plan because the site is not part of any Focused Planning Area or linkage area in either
the Carlsbad Habitat Management Plan or the North County Multiple Habitat
Conservation Plan.
E. The habitat loss has been minimized and mitigated to the maximum
extent practicable. Mitigation shall consist of purchase of 1.7 credits from the
Manchester Mitigation Bank in the City of Encinitas.
F. The likelihood of survival and recovery of listed species will not be
appreciably reduced because the gnatcatcher is not present on the site.
G. The habitat loss is incidental to otherwise lawful activities, namely
commercial development of the property consistent with the City of Carlsbad’s
development regulations.
4. That staff is hereby directed to transmit the City Council’s action as
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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 12th day of May ,
1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None /9
ATTEST:
f) 4 /~?a-
ALETHA L. RAUTENKRANZ, City Clerk)
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- ATTACHMENT 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
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Descriotion of Proiect I Acres1
Starting Balance
City and Other Public Agency Projects:
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 - lining and covering of Maerkle Reservoir - 4(d) permit iss
Poinsettia Park - 4(d) Permit issued. 1995
1.46
2.10
4.30
0.04
Cannon Road Reach I- 4(d) permit issued 1995 2.40
Hidden Valley Road - Section 7 pennit issued 1995 6.32
Maerkle Reservoir -- additional impacts 1997 0.53
Cannon Road Reach 2 - 4(d) permit issued 2/97 1.98
La Costa Avenue Widenina -- Section 7 1998 0.10
Private Development Projects:
Aviara Phase II drainage structure impacts - 1994
Aviara Phase Ill grading - 4(d) permit issued 9/95
Parkview West - 4(d) permit issued May 1996
Carlsbad Ranch - 4fdj oermitissued Mav 1996
0.40
8.68
1.10
1.10
Ranch0 Verde - Section 7 permit issued 1995 6.80 1
Mar Vista/Emerald Ridge West and East - approved administratively 1 l/95 0.96
Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 42.20
Arroyo La Costa - Section 7 permit issued 1993 11.00
Cobblestone Sea Village- 4(d) permit issued l/97 14.60
Holly Springs agricultural impacts 1997 0.50
Carlsbad Ranch - Hidden Valley Road approved administratively 1 0.27
Cobblestone Sea Village additional impact approved administrativ 0.10
Carrillo Ranch Phase II Gradina - authorized 1 l/97 28.00
[Meadowlands - 4(d) permit issued 3/98 1.30 1
Total acres authorized to be taken
Remaining acres
Note: Italics indicates that grading permit has not been issued
143.87
21.83
- EXHIBIT 2
LA COSTA VILLAGE
SDP 86-03(A)
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i;;HIBIT 3
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9% 140-Z 15 1 Msrch IL1998
Mr. Rich Byer BYCOR, Inc. 6867 Nancy Ridge Drive, Suite A San Diego, CA 92121 ,
Re: Impact Assessment for the BYCOR La Costa Village Commercial Project Ogden Contract No. 3-1896-1000
Dear Mr. Byer:
Ogden Environmttxal and Exrgy Services (Ogden) conducted an assessment for processing a 4(d) permit for the loss of coastal sage scrub habitat associated with the 4,7- acre BYCOR La Costa Village Commercial Project. The proposed project would include the development of n;vo parcels at the soutkastem quadran of the intersection of Ranch0 Santa Fe Road anti La Costa Avenue. This letter report documents Ogden’s quntitativt assessment of the biological impacts associated withthe pposedpject,
Vegcration mapping for the study area from a prwions 1994 Ogden survey was verified and updated in the field on February 6, 1998 by Ogden biologist David King. All changes to existing vegetation maps wese made 43 th: field on 1”=40’ aerial photograph of the study area Acreage of coastal sage scrub (CSS) and other vceoa communities were calculated with the use of 3 digital pkukcter. At the fqxzuseci search for thread-leaf brodiaea (Brodilrea fitif kz) T of the resource agencies, a and San Diego thorn-mint (Acanrhomintlra i&fblia> was conducted by Ogden biologist I&k Hiaon on March 1, 1998. Neither af these sensitive plant species were detected.
A total of 0.64 acres of coastal sage scxub, comp&d of0.42 acres of disturbed sage scrub and 0.22 acres of b.uzcd coastal sage s-b would be impacted by the project. However, au assessment co&xted by Ogden in October 1995 had d&cated 1.7 acres of CSS on the parcel. The Csitifomia gnatcaxher sighting location from 1994 was J&& the now burned potion of the sage scrub. The nearest CSS habit% pate&ally occupied by gnatcatchers is across Ranch0 Santa Fe Road, sex& hundred feet east of the limim of grading. The adjacent coastal sage scrub habitat or&idly locattd to the south has been displaced by a residential development
In consultation with the USFWS, local juisdictions benefit firm the 4(d) rule through issuing 4(d)pcxmi% for tbc interim loss of coastal sage scmb habitats while subregional Nanxal Commtities Conservation Plans (NCCP’s) are b&g prepared. The 4(d) petit procedure is d&ded in the NCCP Process GuideIines, Section 4.2-g of the NCCP Act. The attac&dNCC? findings statemcnr, provides the necessary information &hat is required by thz USFWS and CDFG under the 4(d) rule to the evaluare the CSS habitat Ioss associated Nith the proposed project,,
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\ . &Mr. Rich Byer March 11.1998 Page 2
For the purpose of this assessment, the brger acreage assessed in 1995 wiil be mi$ated at a 1:l ratio (1.7 acres of CSS mitigation) through the acquisition of CSS habitat w&in the vicinity of the project site. The CSS habitat is of low quality due to its smaU patch size, disturbed condition, is&ted/~hesal loca$o~ and existing/future edge effects by adjacent development. Thtse patch clummmm Educes the likelihood that Caiifomia pticatch~ Would extensively utik the onsite habitat for breeding in the future.
Please call mt if you Iiave any questions.
Patrick J. Mock, Ph.D. Senior Biologist
Pmfalo
CE: S. WtGler, Hofman Planning Contract #3-1896-1000-1001-3151
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NG .Es P.&I
NCCP Findings City of Carlsbad BYCOR La Costa Village Commercial Project
The habitat 10s~ does not cumulzstively exceed the 5% guidelines. Tht propascd CSS habitat loss for this project does not result in cum&&e loss for the jurisdiction or subregion exctcdiag the temainia g allo+de CSS habitat Ioss. The City of Q$tbad has the nec==u-y 4(a) acreage to allow for tlus project ta proceed under the 4(d) 0 . -
The habitat loss Firill not preclude or prevent connectivity between areas of high habitat v&e. block of habitat and does Coasti sage scrub habitats on&c are at the periphery of a larger not conttibate to the fuactioning of m impartant regional linkage. The habitat parch is p@.icaUy sepanttcd fIllnr the larger habitat area by a major roadway and is surrounded on three sides by existing development The adjacent CSS habia across from La Costa Avenue is approved fm devehpmcnt under the Fi&ho&j3of~ HCP.
The habitat loss wilI not preclude or prevent preparation of the subregional NCCP. Because no Significant *acts to sUh@unal linkages or core areas will result from project impl~ntatiO& imp- to CSS onSite will not preclude or prevent preparation of the subreghal NCCP.
The habitat Ioss has been minimixed and mitigated to the maximum extent practicable. Iqmcts to CSS habitats will be limit& to the dcsigxl requirements of the project, Atotalof~,7acnsofCSShabitatwillbeparchascdaadsaasideinareas adjacmt to the project site witbin the project vicinity, Tim habitat conserved as mitigation for this project wilI contribute to ens&g the long-term fimctionality of the regioi& habitat network in the vi&i@ of sou$hea&m Carlsbad.
Habitat loss will not appreciably reduce the likelihood of anmival and recorery of listed species in the wild- Implementation of the proposed project will not appreciably retie the &e&hood of survival and ECCWZY of any listed species in the wild due the small size of thy eqxckci impact and tbc lack of sigkfkaut impacts to subregional linkages or co= populations of any listed species.
Habitat loss’is incidenta! to otherwise lawf’uI activities. All expected impacts to CSS habitats are associated with the BYCOR La Costa Viiages project and as such arc incidental to otherwise lawful activities.
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