HomeMy WebLinkAbout1998-06-23; City Council; 14737; Green Valley Interim Coastal Sage ScrubCITY OF CARLSBAD - AGENtA BILL
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IEPT. PLN
INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR
GREEN VALLEY - CT 92-08
RECOMMENDED ACTION:
That the City Council approve Resolution No. 48 -205 , approving an Interim Coastal Sage Scrub
Take Permit for Green Valley - CT 92-08, and subtracting 2.38 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 Green
Valley 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 2.38 acres of coastal sage scrub, and this impact can be permitted through the
4(d) process. The 2.38 acres are located adjacent to El Camino Real south of Levante Street and will
be impacted by the widening of El Camino Real south of La Costa Avenue to the City of Encinitas city
line.
The applicant has 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 Green Valley 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 Green Valley project has significant economic and other benefits for the City,
including the widening of El Camino Real. When completed the project will provide housing and
a community commercial center.
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.
4. U.S. Fish and Wildlife Service and California Department of Fish and Game have conducted a
preliminary review of the proposal and have indicated general concurrence.
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
Page 2 of Agenda Bill
regional habitat plan. As part of the open space for the Green Valley project, 108 acres of Coastal
Sage Scrub and Southern Maritime Chaparral were preserved, therefore, mitigation for the loss of 2.38
acres has been fully mitigated onsite. After approval of this coastal sage scrub loss, the City’s
remaining balance under the 5% limitation will be 19.45 acres. See Attachment 1 to attached City
Council Resolution.
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. 98 -gms-
2. Location Map.
RESOLUTION NO. 98-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE GREEN
VALLEY PROJECT - CT 92-08.
CASE NAME: GREEN VALLEY
CASE NO.: CT 92-08
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
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
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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
Green Valley 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
Green Valley project. The City Council further directs that 2.38 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.
Findinqs:
In approving the issuance of this interim take permit, the City Council makes the following
findings with respect to the Green Valley project. The City Council finds that:
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6.
The proposed habitat loss is consistent with the NCCP Conservation Guidelines, in that
the impact is 2.38 acres and the purpose is to widen a prime arterial roadway as
described in the Carlsbad General Plan and is therefore the type of project intended to
use the 4d process.
The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally
because there are 19.45 acres remaining of Carlsbad’s limitation.
Connectivity between high value habitat areas will not be precluded in that the
disturbance runs parallel to a habitat corridor versus through it and the disturbance is at
the outer edge of the habitat corridor.
The habitat loss will not preclude preparation of the subregional NCCP plan in that the
take is on the outer edge of a habitat corridor and the larger Green Valley project is
providing connectivity between a riparian scrub and an upland coastal sage habitat.
The habitat loss has been minimized and mitigated to the maximum extent practicable.
The mitigation shall consist of the preservation and management of 108 acres of coastal
sage dominated by Southern Maritime Chaparral on the onsite upland bluffs.
The likelihood of survival and recovery of listed species will not be appreciably reduced
in that the likelihood of recovery of a listed species is enhanced through the preservation
and management of upland habitat.
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7. The habitat loss is incidental to otherwise lawful activities because it is incidental to the
widening of El Camino Real which is a prime arterial consistent with the General Plan.
8. 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
1 of the City of Carlsbad, California, held on the 23rd day of June , 1998
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: $rt%i$cil Member Kulchin
ATTEST:
A&3-.- UTENKRANZ, City Clerk 1
(SEAL)
ATTACHMENT “1”
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
5/ 19198 8:36
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 - lining and covering of Maerkle Reservoir - 4(d) permit iss
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 imoacts 1997
1.46
2.10
4.30
0.04
2.40
6.32
0.53
ICannon Road Reach 2 - 4(d) permit issued 2/97 I 1.98 1
j La Costa Avenue Widening -- Section 7 1998 I 0.10 I
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 - 4(d) oermitissued Mav 1996
0.40
8.68
1.10
1.10
Ranch0 Verde - Section 7 permit issued 1995 6.80
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
Arrovo 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 Vallev Road aooroved administrativelv 1 0.27
Cobblestone Sea Village additional impact approved administrativ 0.10
Carrillo Ranch Phase II Grading - authorized 1 I/97 28.00
Meadowlands - 4(d) permit issued 3/98 1.30
Pacific View Estates - 4(d) permit issued 3/98 1.95
Ocean Bluff - 4(d) Pending 7998 3.98
La Costa Village -- 4(d) Pending 4198 1.70
Green Valley El Camino Real Widening -- 4(d) Pending 6198 2.38
Total acres authorized to be taken
Remaining acres
Note: Italics indicates fhaf grading permit has not been issued
146.25
19.45
EXHIBIT 2
GREEN VALLEY MASTER PLAN