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HomeMy WebLinkAbout1998-06-23; City Council; 14737; Green Valley Interim Coastal Sage ScrubCITY OF CARLSBAD - AGENtA BILL 4B# J4,9’39 I TITLE- L flTG. b-23 + 8 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 . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 3. 4. 5. 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 29 21 22 23 24 25 26 27 28 .- - 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