HomeMy WebLinkAbout1998-11-03; City Council; 14925; RESERVATION OF ACREAGE FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FROM THE INTERIM SAGE SCRUB 5% ALLOCATION AND INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR EL CAMINO REAL WIDENING AND FARADAY AVENUE\s 2 J2
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I lIIcG C OF CARLSBAD -AGENDA I D LL 97 * /
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DEPT. ENG
CITY ATTYA SAGE SCRUB 5% ALLOCATION AND INTERIM COASTAL MTG. 1 1/03/98
DEPT. Ha TITLE: RESERVATION OF ACREAGE FOR VARIOUS
WIDENING AND FARADAY AVENUE CITY MGR:
CAPITAL IMPROVEMENT PROJECTS FROM THE INTERIM
SAGE SCRUB TAKE PERMIT FOR EL CAMINO REAL rrr
I I I
RECOMMENDED ACTION:
Adopt Resolution No. (3 8 -363 approving a reservation of 5.1 1 acres from the City’s allon
take of coastal sage scrub for various Capital Improvement Projects.
Adopt Resolution No. 98 ”36 ‘d approving an interim Coastal Sage Scrub Take Permi
Faraday Avenue, Project No. 3593, and subtracting 5.5 acres from the City’s 5% allocation.
Adopt Resolution No. 98 -3 6 5 approving an Interim Coastal Sage Scrub Take Permi
El Camino Real Widening, Project No. 31845, and subtracting 0.35 acres from the City’
allocation.
ITEM EXPLANATION:
The listing of the coastal California gnatcatcher as a threatened species established the require1
for a federal permit to impact any coastal sage scrub vegetation. A special permit process
created to address projects with small impacts. This process is known as the 4(d) permit or Ini
Coastal Sage Scrub Take Permit.
This agenda bill is a request for a reservation of the remaining 5.11 acres from the City’s allowable take of coastal sage scrub. The following projects are expected to impact coastal I scrub and require permitting in the near-term:
DESCRIPTION OF PROJECT ACREAGE
Rancho Carlsbad Basins
Melrose Avenue (includes Water District improvements)
1 .o
Water District Proiects
1.5
Agua Hedionda Lift Station 1 .o
Foxes Sewage Lift Station
0.5 North Agua Hedionda Interceptor Rehabilitation
0.5
Tri-Agency Pipeline Erosion Protection
1 .o North Batiquitos Interceptor Rehabilitation
0.5 North Batiquitos Interceptor Rehabilitation
0.1 1
TOTAL 5.1 I
~ ~~ ~
To date, 26.08 acres of the total interim 5% take have been used or reserved for City projects.
acres of the original 165.70 acres remains. With this reservation, the usage by the City is C
acres, or 19% of the total acreage available.
Environmental review is being completed using a worst case impact to coastal sage scrub. final determination of actual coastal sage scrub impacts, staff will return and:
0 Request a Section 4jd) Interim Coastal Sage Scrub Take Permit.
0 Request that City Council adopt the seven findings as outlined in the Natural Commul
Conservation Planning Conservation Guidelines.
0 Approve the deduction of the actual acreage of impact from the City’s 5% allocation
make available the unused portion.
< Page 2 of Agenda Bill No. * j 72 5 0
The City’s remaining 5% allocation is getting low and the Habitat Management Plan timing is : that it may not be approved prior to the scheduled initiation of final design for the projc
Reservation of the acreage does not automatically issue the Interim Coastal Sage Scrub -
Permit. A future City Council action is required to issue the permit. These projects are neces
for the continued development of the City.
The City Council has previously adopted a prioritization system for approving projects tha’
impact coastal sage scrub and commit acreage from the City’s 5% allocation. Each of the Cz
Improvement Projects have minimal impacts to coastal sage scrub. The roadways are City Cz
Projects that provide necessary traffic circulation to meet the City’s Growth Management Stand;
The Water District Projects are necessary to provide the required infrastructure to meet the (
Growth Management standards. Melrose Avenue is a second priority when coastal sage s
impacts are considered because it impacts more than 1 acre. It is a first priority by project tyl
that it is required to meet a Growth Management Standard. The remaining projects are a
priority both by acreage of impact and project type. Because the 5% is nearing depletion, pr
type is considered. Staff is recommending that the City Council approve the request to reservl
prior to receiving all discretionary actions based on the above findings.
In addition, this agenda bill is a request Interim Coastal Sage Scrub Take Permits for the Far: Avenue and El Camino Real Widening Projects. City Council reserved 6.5 acres for these projc by Resolution No. 14,820 on August 4, 1998. Since that time, biological analysis has t completed. The following identifies the actual impacts associated with each project:
0 The Faraday Avenue Extension is located in Macario Canyon and extends Faraday Avc from its existing terminus westerly to the future intersection with Cannon Road.
Mitigated Negative Declaration has been published and adopted by City Counci
Resolution 98-299 on September 9, 1998. The comments received from the Wi
Agencies require the City to mitigate for coastal sage scrub affected indirectly by
construction of Faraday Avenue. Although these impacts require mitigation, only di’
impacts are subtracted from the 5% allocation. The actual impacts are 5.5 acres.
returns 0.5 acres to the 5% allocation.
remaining 5.1 I acres fort he various Capital Improvement Projects from the City’s 5% alloc:
0 The El Camino Real widening at Cannon Road requires the construction of a free right
lane from El Camino Real to Cannon Road West The Mitigated Negative Declaration
been published and comments received from the Wildlife Agencies. To avoid impac
wetlands, the City redesigned the right-turn lane and in the process lessened impac
coastal sage scrub. The actual impacts are 0.35 acres. This returns 0.35 acres to thk
allocation.
Staff recommends issuance of the Interim Take Permit for the Faraday Avenue and El Camino I
Widening projects for the following reasons:
1. The impact is small, low quality, and will not jeopardize the City’s ability to utilize the
process for other projects.
2. Development of the project has significant economic and other benefits for the City.
3. Without approval of the 4(d) permit, an alternative permitting mechanism for the coastal
scrub impact would have to be pursued, potentially delaying construction of the project.
' Page 3 of Agenda Bill Noo 1 Yi 'i 25 a
All of the required findings needed for issuance of an Interim Take Permit can be made, as statt
the attached Resolution. To briefly summarize those findings, the proposed habitat 10s
consistent with the guidelines of Natural Communities Conservation Planning, it will not cumulat
exceed the City's 5% limitation, habitat connectivity will be maintained, and it will not prec
implementation of a regional habitat plan. Mitigation for the 5.85 acres of coastal sage scrub
consists of creation of habitat adjacent to the area of impact and use of land previously purch;
from the Carlsbad Highlands Mitigation Bank. The previous action reserved 6.5 acres. This a1
returns 0.65 acres to the 5% allocation for use for other projects. After approval of this coastal !
scrub loss permit, the City's remaining balance under the 5% limitation will be 5.76 acres. The
acres will remain in reserve for future Capital Improvement Projects,
If the staff recommendation is approved, the Interim Take Permit will be submitted to the U.S.
and Wildlife Service and California Department of Fish and Game for the required 30 day re
period. If no objection is filed by those agencies within the 30 day period, the permit will have
approval. The permit will be valid for one year following the date of final approval.
ENVIRONMENTAL REVIEW:
No environmental impacts are associated with the recommended action.
FISCAL IMPACT:
No fiscal impact is associated with the recommended action.
EXHIBITS:
1. Location Map.
2. Resolution No. 98 -363 approving a reservation of 5.11 acres from the City's allov,
take of coastal sage scrub for various Capital Improvement Projects.
3. Resolution No. %?-% q approving an interim Coastal Sage Scrub Take Permi
Faraday Avenue, Project No. 3593, and subtracting 5.5 acres from the City's 5% allocati
4. Resolution No. 98 "~365 approving an interim Coastal Sage Scrub Take Perm1
El Camino Real Widening, Project No. 31845, and subtracting 0.35 acres from the City': allocation.
a 0
I N MAP
78
EL CAMlNO REAL
NOT TO SCALE
PROJECT NAME EXC
i INTERIM COASTAL SAGE SCRUB TAKE PERMIT
DRAWN BY SCO17 EVANS. CARLSBAD ENGINEERING DEPT
0 e
1 RESOLUTION NO. 98-363
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
COASTAL SAGE SCRUB FOR VARIOUS CAPITAL 4
5.11 ACRES FROM THE CITY'S ALLOWABLE TAKE OF
CARLSBAD, CALIFORNIA, APPROVING A RESERVATION OF
IMPROVEMENT PROJECTS.
5
WHEREAS, the United States Fish and Wildlife Service has listed the coastal Ca
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded
Endangered Species Act; and
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8 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided
9 Section 4(d) of the Endangered Species Act for threatened species; and
10 WHEREAS, the Special Rule provides guidelines for interim take of the coastal Ca
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gnatcatcher pending completion and approval of larger scale plans pursuant to the I'
Communities Conservation Planning (NCCP) program of the State of California; and
13 WHEREAS, among provisions of the Special Rule is an expedited process for apprl
interim impacts, which process may be used until the San Diego County region has taken
coastal sage scrub existing as of March 25, 1993; and
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15 WHEREAS, the City of Carlsbad's portion of the 5% allowable take has been calc
to be 165.7 acres, and all impacts to coastal sage scrub during the interim period m
subtracted from this amount; and
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determining which projects should be allowed to deduct from City's 5% allocations; and 19
WHEREAS, the City of Carlsbad has adopted a prioritization system and guidelir
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WHEREAS, Melrose Avenue impacts 1.5 acres of coastal sage scrub and is consiG
WHEREAS, the remaining Capital Improvement Projects each impact less than c
21 second priority project by impact; and
23 acre of coastal sage scrub and is considered a first priority project by impact; and
WHEREAS, All projects are City Capital Projects required to meet a Growth Manag 24
Standard and are first priority projects by project type; and
25 WHEREAS, the City's 5% allocation is nearing depletion, thus the project t
26 // considered; and
27 WHEREAS, the prioritization guidelines allow commitment of acreage from tl
28 allocation prior to the project receiving all discretionary action; and
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WHEREAS, Attachment 1 to this resolution is a listing of all projects which have
authorized by the City Council pursuant to the Special Rule to impact coastal sage scrub I
in Carlsbad since March 25, 1993, including a statement of the remaining number of
available to the City from the 5% allocation; and
WHEREAS, when approving interim impacts to coastal sage scrub habitat und
expedited process provided by the Special Rule, it is necessary for the City Council to
seven specific findings which are outlined in the NCCP Conservation Guidelines; ,and
WHEREAS, CEQA guidelines require environmental review to be completed befc
final design of the project can be initiated; and 'i
WHEREAS, these projects, through the final design process may impact more (
coastal sage than is evident at the level of detail of the preliminary plans; and
WHEREAS, this request is for a reservation of the 5.1 1 acres of the coastal sal
allocation until actual impacts can be determined in the final design of the project; and
WHEREAS, when the actual impacts are known, City Council will be requested to
the seven specific findings and approve the deduction of the actual acreage from tl
allocation and make available the unused portion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1. That the above recitations are true and correct.
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2. That the City Council approves the reservation of 5.11 acres from tt
allocation for the following Capital Improvement Projects:
CAPITAL IMPROVEMENT PROJECT ACREAGE
Rancho Carlsbad Basins
Melrose Avenue (includes Water District improvements)
1 .o
Water Disfrict Proiects
1.5
I 1 1
Agua Hedionda Lift Station
0.1 1 Tri-Agency Pipeline Erosion Protection
1 .o South Agua Hedionda Interceptor Phase I
0.5 North Batiquitos Interceptor Rehabilitation
0.5 North Agua Hedionda Interceptor Rehabilitation
0.5 Foxes Sewage Lift Station
1 .o
TOTAL 5.1 1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City (
held on the day of , 1998 by the following vote, to wit:
AYES:
NOES:
ABSENT:
7
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
0 ATTACHMENT 1 0
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
10128198 7:52
Description of Project
San Dieguito Union'High School District for South Carlsbad High
165.70 Starting Balance
Acres
City and Other Public Agency Projects:
Total acres authorized to be taken
Note: ltalics indicates that grading permit has not been issued
5.1 1 Remaining acres
160.59
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0 0 Exhibi.
RESOLUTION NO. 98-364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL
SAGE SCRUB TAKE PERMIT FOR FARADAY AVENUE,
PROJECT NO. 3593, AND SUBTRACTING 5.5 ACRES FROM THE
., CITY’S 5% ALLOCATION.
WHEREAS, the United States Fish and Wildlife Service has listed the Cal
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Cal
gnatcatcher pending completion and approval of larger scale plans pursuant to the F
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited proce
approval of interim impacts, which process may be used until the San Diego County regic
taken 5% of the coastal sage scrub existi@ as of March 25, 1993; and
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take has been calcul
be 165.7 acres, and all impacts to coastal sage scrub during the interim period m
subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization system and guidelit
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 haw
authorized pursuant to the Special Ru.le to impact coastal sage scrub habitat in Carlsbac
March 25, 1993, and a statement of the remaining number of acres available to the City fr
5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat unc
expedited process provided by the Special Rule, it is necessary for the City Council tc
seven specific findings which are outlined in the NCCP Conservation Guidelines and t-1
below in the Findings section of this resolution; and
0 0
1 WHEREAS, the City Council has reviewed all pertinent information relating to the Fa
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Avenue project and has determined that it is appropriate to issue an interim take permit fc
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project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C
5 Carlsbad, California as follows:
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1. That the above recitations are true and correct.
2. That the City Council approves the issuance of the an interim take permit fi
Faraday Avenue project. The City Council further directs that 5.5 acres shall be subtractec 8
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the available balance of coastal sage scrub impacts as shown on Attachment 1 of this reso
which is incorporated herein by reference.
Findinas:
In approving the issuance of this interim “permit, the City Council makes the foll
findings with respect to the Faraday Avenue project. The City Council finds that:
1. The proposed habitat 103s is consistent with the NCCP Conservation Guidelir
2. The habitat loss will not cumulatively exceed the 5% limitation, either region
locally.
3. Connectivity between high value habitat areas will not be precluded.
4. The habitat loss will not preclude preparation of the subregional NCCP plan.
5. The habitat loss has been minimized and mitigated to the maximum
20 practicable. The mitigation shall consist of habitat creation adjacent to the area of impact a
use of land credits from the Carlsbad Highlands Mitigation Bank. 21
22 6. The likelihood of survival and recovery of listed species will not be apprc
23 reduced.
24 7. The habitat loss is incidental to otherwise lawful activities.
8. That staff is hereby directed to transmit the City Council’s action as expedi
as possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gi
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27 indicate that the permits have been issued subject to the required 30 day review peric
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addition, following the conclusion of the 30 day review period with no objections to the issua
the interim take permits from the U. S. Fish and Wildlife Service and California Department (
and Game, staff is further directed to take appropriate actions to document the final apprc
the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City c
held on the day of , 1998 by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
,/
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
ATTACHMENT 1 e
Itemization of Impacts to Coastal Sage SGrUb 5% Allocation
I 012819a 7:52
Description of Project
165.70 Starting Balance
Acres
San Dieguito Union High School District for South Carlsbad High
School site. Section 7 permit issued, 1993 1.46
CalTrans for Poinsettia Lanell-5 Freeway ramps and auxiliary lanes.
City and Other Public Agency Projects:
Section 7 permit issued, 1995
1.98 Cannon Road Reach 2 - 4(d) permit issued 2197
0.53 Maerkle Reservoir -- additional impacts 1997
6.32 Hidden Valley Road - Section 7 permit issued 1995
2.40 Cannon Road Reach 1 - 4(d) permit issued 1995
0.04 Poinsettia Park - 4(d) permit issued, 1995
4.30 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995
2.10
La Costa Avenue Widening -- Section 7 1998 0.10
Private Development Projects:
Aviara Phase II drainage structure impacts - 1994
8.68 Aviara Phase Ill grading - 4(d) permit issued 9/95
0.40
6.80 Rancho Verde - Section 7 permit issued 1995
1.10 Carlsbad Ranch - 4( d) permitissued May 1996
1.10 Parkview West - 4(d) permit issued May 1996
Mar Vista/Emerald Ridge West and East - approved administratively 11/95
Arroyo La Costa - Section 7 permit issued 1993
42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
0.96
11.80
Agenda Bill # 14,820)
0.30 Skateboard Park -- Approved administratively 8/98
6.50
Total acres authorized to be taken
Note: Italics indicates that grading permit has not been issued
5.1 1 Remaining acres
160.59
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0 0 Exhibit
RESOLUTION NO. 98-365
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL
SAGE SCRUB TAKE PERMIT FOR EL CAMINO REAL WIDENING,
.PROJECT NO. 31845, AND SUBTRACTING 0.35 ACRES FROM
THE CITY'S 5% ALLOCATION.
WHEREAS, the United States Fish and Wildlife Service has listed the Cal
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Cal
gnatcatcher pending completion and approval of larger scale plans pursuant to the h
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited proce!
approval of interim impacts, which process may be used until the San Diego County regic
taken 5% of the coastal sage scrub existing as of March 25, 1993; and
WHEREAS, the City of Carlsbad's poMn of the 5% allowable take has been calcula
be 165.7 acres, and all impacts to coastal sage scrub during the interim period mu
subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization system and guidelin'
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
authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbad
March 25, 1993, and a statement of the remaining number of acres available to the City fro1
5% allocation: and
WHEREAS, in approving interim impacts to coastal sage scrub habitat unde
expedited process provided by the Special Rule, it is necessary for the City Council to
seven specific findings which are outlined in the NCCP Conservation Guidelines and res
below in the Findings section of this resolution; and
111
a e
1 WHEREAS, the City Council has reviewed all pertinent information relating
2
take permit for the project. 3
El Camino Real Widening project and has determined that it is appropriate to issue an i
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the '
5 Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the issuance of the an interim take permit
6 !
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El Camino Real Widening project. The City Council further directs that 0.35 acres sh
subtracted from the available balance of coastal sage scrub impacts as shown on Attachme
this resolution, which is incorporated herein by reference.
Findinqs:
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In approving the issuance of this interim take permit, the City Council makes the foll 12
13 findings with respect to the El Camino Real Widening project. The City Council finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guidelir
2. The habitat loss will not cumulatively exceed the 5% limitation, either region;
14
15
16 locally.
17 3. Connectivity between high value habitat areas will not be precluded.
4. The habitat loss will not preclude preparation of the subregional NCCP plan.
5. The habitat loss has been minimized and mitigated to the maximum t
practicable. The mitigation shall consist of habitat creation and enhancement adjacent to thc
of impact and use of land credit from the Carlsbad Highlands Mitigation Bank.
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22 6. The likelihood of survival and recovery of listed species will not be appre
23 reduced.
24 7. The habitat loss is incidental to otherwise lawful activities.
8. That staff is hereby directed to transmit the City Council's action as expediti
26 as possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gar
27 indicate that the permits have been issued subject to the required 30 day review perioc
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1 1) addition, following the conclusion of the 30 day review period with no objections to the issui
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the interim take permits from the U. S. Fish and Wildlife Service and California Department
and Game, staff is further directed to take appropriate actions to document the final appr,
the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the day of , 1998 by the following vote, to wit:
AYES:
NOES:
ABSENT: ~.
CLAUDE A. LEWIS, Mayor
/-
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
I
0 ATTACHMENT 1 0
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
10/28/98 7:52
Description of Project Acres
Starting Balance
San Dieguito Union High School Oistrict for South Carlsbad High
165.70
City and Other Public Agency Projects:
School site. Section 7 permit issued, 1993
CalTrans for Poinsettia Lanell-5 Freeway ramps and auxiliary lanes.
1.46
0.10 La Costa Avenue Widening -- Section 7 1998
1.98 Cannon Road Reach 2 - 4(d) permit issued 2/97
0.53 Maerkle Reservoir -- additional impacts 1997
6.32 Hidden Valley Road - Section 7 permit issued 1995
2.40 Cannon Road Reach 1 - 4(d) permit issued 1995
0.04 Poinsettia Park - 4(d) permit issued, 1995
4.30 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995
2.10 Section 7 permit issued, 1995
Agenda Bill # -14,820)
0.30 Skateboard Park -- Approved administratively 8/98
6.50
5,11 Remaining acres
160.59 Total acres authorized to be taken
Note: Italics indicates that grading permit has not been issued