HomeMy WebLinkAbout1998-07-07; City Council; 14751; INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR AVIARA PARKWAY - CT 97-1499 - h
ilTY OF CARLSBAD - AGENA BILL
MTG. 1-3-48
DEPT. (AYRES LAND COMPANY)
INTERIM COASTAL SAGE SCRUB TAKE PERMIT
FOR AVIARA PARKWAY - CT 97-14
CITY ATTY.
CITY MGR a
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. , APPROVING an Interim Coastal Scrub
Take Permit for construction of Aviara Parkway, and subtracting 3.4 acres from the City’s 5%
allocation.
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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 to
allow for construction of the uncompleted portion of Aviara Parkway between its northern terminus
near Cobblestone Road and its southern terminus near Plum Tree Lane. The road will be
constructed as either a City project or by Ayres Land Company, the developer of CT 97-14 (formerly
known as the Mariano project). The project is located in the Southwest Quadrant of the City, as
shown on the location map provided as Exhibit 2.
Staff recommends the issuance of the Interim Take Permit for Aviara Parkway for the following
reasons:
1. The impact is small (3.4 acres) and will not jeopardize the City’s ability to utilize the 4(d) process
for other private or public projects.
2. Construction of this portion of Aviara Parkway is important to the functioning of the City’s
circulation system, particularly Palomar Airport Road. This roadway will complete the link
between Palomar Airport Road and Poinsettia Lane, allowing motorists an alternate route for
east-west travel between the 1-5 freeway and El Camino Real.
3. Without approval of the 4(d) permit, construction of the road could be significantly delayed.
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 program, 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.
POLICY ISSUE - LOCATION OF MITIGATION
Unlike the majority of 4(d) permits, this request poses a policy question for the City Council. The
applicant is requesting permission to utilize credits from the Manchester Mitigation Bank in
Encinitas. In response to concerns expressed by the City Council regarding allowing mitigation for
Carlsbad projects to occur outside of Carlsbad, Community Development has an informal policy that
requires mitigation to be located within Carlsbad unless the amount of required mitigation is four
acres or less. For projects needing more than four acres, mitigation could be allowed outside of
Carlsbad with City Council approval. In the case of Aviara Parkway, the total mitigation amount is
6.8 acres (based on an impact of 3.4 acres mitigated at a ratio of 21). After approval of this coastal
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sage scrub loss, the City’s remaining balance under the 5% limitation will be 16.06 acres. See
Attachment 1 to attached City Council Resolution.
If the staff recommendation is approved, the Interim Take Permit will be submitted tom 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.
ENVIRONMENTAL:
The project has previously been found to be in prior compliance with the Program L nvironmental
Impact Report, EIR 90-03 for the Zone 20 Specific Plan. The Planning Director issued a Notice of
Prior Compliance on August 11, 1997. Copies of all environmental documents and studies related
to the project are on file in the Planning Department.
FISCAL IMPACTS:
There is no fiscal impact associated with the recommended action.
EXHIBITS:
1. City Council Resolution No. 98 -&?I?
2. Location Map.
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RESOLUTION NO. 98-219
A RESOLUTION OF THE CITY COUNCIL’OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR CONSTRUCTION
OF AVIARA PARKWAY GENERALLY LOCATED BETWEEN
COBBLESTONE ROAD AND PLUM TREE LANE
CASE NAME: AVIARA PARKWAY
CASE NO.: CT 97-14
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, 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
seven specific findings which are outlined in the NCCP Conservation Guidelines and restated
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below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to the
construction of Aviara Parkway 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 Cartsbad, 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 to Ayres
Land Company for construction of Aviara Parkway between Cobblestone Road and Plum Tree
Lane. The City Council further directs that 3.4 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.
FINDINGS:
1. In approving the issuance of the interim take permit, the City Council makes the
following findings with respect to the Aviara Parkway 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, in that 16.05 acres will remain available following approval of the take for
Aviara Parkway.
C. Connectivity between high value habitat areas will not be precluded because
the project consists of construction of a road which passes through an approved tentative map,
CT 97-14, which will be constructed in the near future. The 3.4 acre patch of habitat which will
be impacted is surrounded by former agricultural fields. Nearby high value habitat areas
include conserved open space in the Cobblestone project and in the Aviara project.
Construction of the road will not preclude connectivity between these high value areas.
D. The habitat loss will not preclude preparation of the subregional NCCP plan
because Aviara Parkway lies outside of designated Focused Planning Areas and linkage areas
in the Carlsbad Habitat Management Plan.
E. The habitat loss has been minimized and mitigated to the maximum extent
practicable. Mitigation shall consist of purchase of 6.8 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, and the patch of
habitat being impacted by the project has minimal value for the species.
G. The habitat loss is incidental to otherwise lawful activities, namely
construction of Aviara Parkway between Cobblestone Road and Plum Tree Lane, consistent
with the City of Carlsbad Circulation Element of the General Plan.
2. 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
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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 7th day of July 1
1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin and Hall
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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ATTACHMENT 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
6123198 10: 24
Description of Project Acres
Starting Balance 165.70
City and Other Public Agency Projects:
San Dieguito Union High School District for South Carlsbad High
School site. Section 7 permit issued, 1993 1.46
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary
lanes. Section 7 permit issued, 1995 2.10
CMWD - linina and coverina of Maerkle Reservoir - 4(d) oermit iss 4.30
IPoinsettia Park - 4(d) permit issued. 1995 I 0.04 I
Cannon Road Reach I- 4(d) permit issued 1995
Hidden Valley Road - Section 7 permit issued 1995
#Maerkle Reservoir -- additional impacts 1997
ICannon Road Reach 2 - 4(d) permit issued 2/97
‘La Costa Avenue Widening -- Section 7 1998
Private Development Proiects:
2.40
6.32
0.53
1.98
0.10
,Aviara Phase II drainage structure impacts - 1994 0.40
Aviara Phase Ill grading - 4(d) permit issued Q/95 8.68
Parkview West - 4(d) permit issued May 1996 1.10
Carlsbad Ranch - 4(d) oermitissued Mav 1996 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 oermit 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 aoproved administrativ j 0.10 I
Carrillo Ranch Phase II Grading - authorized 1 l/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 1998 3.98
La Costa Village -- 4(d) Pending 4198 1.70
Green Valley El Camino Real Widening -- 4(d) Pending 6198 2.38
Avres Land Co. -- Aviara Parkwav -- Pendina 4(d) 6/98 I 3.40 I
ITotal acres authorized to be taken I 149.65 I
1 Remaining acres
Note: Italics indicates that grading permit has not been issued
1 16.05 ]
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. EXHIBIT 2 I
,4(d) PERMIT FOR
AVIARA PARKWAY