HomeMy WebLinkAbout1998-07-14; City Council; 14764; Kelly Ranch Village E Lot Line AdjustmentP
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CITY OF CARLSBAD - AGEtwA BILL
AB# j$f7&v TITLE:
MTG. 7-/q - qg INTERIM COASTAL SAGE SCRUB 4(d) TAKE PERMIT
PLN #
KELLY RANCH AREA E - CT 96-07
DEPT.
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 98 -A,?-? , APPROVING an Interim Coastal Sage
Scrub Permit for Kelly Ranch Area E, and subtracting 2.66 acres from the City’s 5% coastal sage
scrub allocation.
ITEM EXPLANATION:
Kelly Land Company has processed through the City a tentative subdivision map, planned unit
development permit and coastal development permit for the construction of 144 single family
residential units within the Kelly Ranch Area E. Construction of the project will also include
construction of full width grading and improvements of Cannon Road from El Camino Real to Frost
Street.
The project is currently in escrow to be sold to Shea Homes. Grading and Improvement Plans are
in the final stages of plancheck. Shea Homes has indicated that they intend to grade and develop
Area E and Cannon Road beginning late July or early August. They indicate it is particularly
important to begin remedial embankment for the Cannon Road bridge over Agua Hedionda Creek
during the summer low-flow period.
The grading will impact 2.66 acres of coastal sage scrub habitat. As such, the project requires
Council approval of an Interim Coastal Sage Scrub Take Permit from the City, pursuant to the
Special 4(d) Rule of the NCCP Guidelines. Review of this Interim Take Permit by the U.S. Fish and
Wildlife Service and the California Department of Fish and Game is required upon their 30-day
review following the City Council action. Staff has been advised that preliminary review by these
agencies has indicated their support of the proposal.
Staff recommends approval of the 4(d) Take Permit because the impact is small (2.66 acres) and
construction of the project will provide a significant public facility benefit by constructing a major
portion of Cannon Road. All of the required findings needed for issuance of an Interim Take Permit
can be made in this case, as follows:
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The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The project
has been reviewed in this respect by the appropriate federal and state agencies and has
received their preliminary support.
The habitat loss will not cumulatively exceed the 5% limitation either regionally or locally.
After approval of the proposed 2.66 acres is subtracted from the Citywide total, a balance of
12.61 acres will remain. See Attachment 1 to attached City Council Resolution.
Connectivity between high value habitat areas will not be precluded or even affected by the
proposed habitat loss.
The habitat loss will not preclude preparation of the subregional NCCP Plan. The project is
consistent with the Draft Habitat Management Plan.
The habitat loss has been minimized and mitigated to the maximum extent practicable.
. PAGE 2 OF AGENDA, PILL NO. /q 74’ q
Mitigation has been determined to be the placing of an open space deed restriction over 2.66
acres of prime coastal sage scrub habitat onsite (1 :I ratio).
F) The likelihood of survival and recovery of listed species will not be appreciably reduced
because the area being impacted is not occupied by the gnatcatcher.
G) The habitat loss is incidental to otherwise lawful activities, namely the construction of homes
in Kelly Ranch Area E pursuant to Council approval.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration for Kelly Ranch Area E was approved by the City Council on April
7, 1998. The Mitigated Negative Declaration contained a condition requiring consultation with the
wildlife agencies and obtaining any necessary permits. Approval of this 4(d) Permit satisfies the
condition in the Mitigated Negative Declaration.
FISCAL IMPACT:
There is no fiscal impact projected in conjunction with the recommended action.
EXHIBITS:
1. City Council Resolution No. 98 -3 33
2. Location Map.
~ RESOLUTION NO. 98-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR KELLY RANCH
AREA E LOCATED BETWEEN IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH AREA E
CASE NO.: CT 96-07
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 Kelly Ranch Area E 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 Kelly
Ranch Area E. The City Council further directs that 2.66 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 Kelly Ranch Area E 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 12.61 acres will remain available following approval of the take for
Kelly Ranch Area E.
C. Connectivity between high value habitat areas will not be precluded because
the project consists of development in a previously disturbed portion of the property. Adjacent
high value habitat on other portions of Kelly Ranch is proposed to remain in permanent open
space.
D. The habitat loss will not preclude preparation of the subregional NCCP plan.
Although Area E lies within core area #4 in the Carlsbad HMP, it is previously disturbed area
that is not important for biological functioning in core area #4. Other adjacent areas of
proposed open space will constitute the biologically significant contributions to core area ##4.
E. The habitat loss has been minimized and mitigated to the maximum extent
practicable. Mitigation shall consist of onsite preservation of 2.66 acres of high quality coastal
sage scrub adjacent to larger areas of open space conservation.
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 Kelly Ranch Area E pursuant to Council approvals.
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
Fish and Game, staff is further directed to take appropriate actions to document the final
approval of the project.
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1 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
2 2 of the City of Carlsbad, California, held on the of the City of Carlsbad, California, held on the 14th 14th day of day of July July 2 2
3 3 1998, by the following vote, to wit: 1998, by the following vote, to wit:
4 4 AYES: AYES: Council Members Council Members Lewis, Finnila, Nygaard and Hall
5 5 NOES: NOES: None None
6 6 ABSENT: ABSENT: None None
7 7 ABSTAIN: ABSTAIN: Council Member Council Member Kulchin
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ATTEST: ATTEST:
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ALETHA ALETHA L. RAUTENKRANZ, City Clerk 1 L. 14 14 RAUTENKRANZ, Clerk 1 City
15 15 (SEAL) (SEAL)
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ATTACHMENT 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
6/25/98 16: 02
Description of Project Acres
Starting Balance 165.70 I City and Other Public Agency Projects: I I /San Dieguito Union High School District for South Carlsbad High 1
School site. Section 7 permit issued, 1993
CalTrans for Poinsettia Lane/l-E, 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) oermit issued. 1995
1.46
2.10
4.30
0.04
ICannon Road Reach I- 4(d) permit issued 1995 1 2.40 t
IHidden Valley Road - Section 7 permit issued 1995 I 6.32
Maerkle Reservoir -- additional impacts 1997
Cannon Road Reach 2 - 4(d) permit issued 2/97
La Costa Avenue Widening -- Section 7 1998
Private Develooment Proiects:
0.53
1.98
0.10
(Aviara Phase II drainaoe structure impacts - 1994 I 0.40 I
Aviara Phase III grading - 4(d) permit issued 9/95 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 Valley Road approved administratively 1 0.27
Cobblestone Sea Village additional impact approved administrativ 0.10
Carrillo Ranch Phase II Gradina - authorized 11197 28.00
/Meadowlands - 4(d) permit issued 3/98 I 1.30 I
IKellv Ranch Area E-- Shea Homes -- 4(d) Pendina 7.98 1 2.66 I
Total acres authorized to be taken 153.09
Remainina acres 12.61
EXHlBiT 2
KELLY RANCH VILLAGE “E”
CT 96-07/CDP 96-l 3/
HDP 96-l 3/PUD 97-04