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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. 93 $19 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 I . PAGE 2 OF AGENDr, -IBILL NO. t / y,%+/ 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. . II . 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 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 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 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 -2- 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 - 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 ww -3- 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 ] h . EXHIBIT 2 I ,4(d) PERMIT FOR AVIARA PARKWAY