HomeMy WebLinkAbout1998-11-03; City Council; 14926; INTERIM COASTAL SAGE SCRUB 4(d) TAKE PERMIT AGUA HEDIONDA VISITOR|INFORMATION CENTER SDP 98-15 | CDP 98-59|PCD 98-01*
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CITY ATTY. < -
‘CITY OF CARLSBAD - AGE A BILL t
DEPT.HD. A
8
AB# /Y’3a/b TITLE:
MTG. I 1-3 -98 INTERIM COASTAL SAGE SCRUB 4(d) TAKE PERMIT
AGUA HEDIONDA VlSlTORllNFORMATlON CENTER c-
DEPT. PLN BL)/ SDP 98-15/CDP 98-591PCD 98-01 CITY MGR 5
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. q@ -3bb
Scrub Permit for Agua Hedionda Visitor/lnformation Center, and subtracting .99 acres
City’s 5% coastal sage scrub allocation.
ITEM EXPLANATION:
The Agua Hedionda Lagoon Foundation has processed a Site Development Plan,
Development Permit, and Planning Commission Determination for the ability to relocate
square foot structure to Area “F” of the Kelly Ranch. The structure once served as the infc
center for Aviara.
The grading necessary to establish a pad for the structure and associated improvements wi
.32 acres of coastal sage scrub and .67 acres of disturbed coastal sage scrub habitat. As s
project requires Council approval of an Interim Coastal Sage Scrub Take Permit from 1
pursuant to the Special 4(d) Rule of the NCCP Guidelines. Review of this Interim Take P
the U.S. Fish and Wildlife Service and the California Department of Fish and Game is requir
their 30-day review following the City Council action. Staff has been advised that preliminar
by these agencies has indicated their support of the proposal.
Staff recommends approval of the 4(d) Take Permit because the impact is small (.99 acr
construction of the project will provide a significant public benefit. All of the required findings
. APPROVING an Interim Coas
for issuance of an Interim Take Permit can be made in this case, as follows:
A) The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The
has been reviewed in this respect by the appropriate federal and state agencies i
received their preliminary support.
The habitat loss will not cumulatively exceed the 5% limitation either regionally or
After approval of the proposed .99 acres is subtracted from the Citywide total, a ba
4.12 acres will remain. See Attachment 1 to attached City Council Resolution.
Connectivity between high value habitat areas will not be precluded or even affecte
proposed habitat loss.
The habitat loss will not preclude preparation of the subregional NCCP Plan. The p
consistent with the Draft Habitat Management Plan.
B)
C)
D)
E) The habitat loss has been minimized and mitigated to the maximum extent prac
Mitigation has been determined to be the placing of an open space deed restriction o
acres of coastal sage scrub habitat onsite (2:l ratio).
The likelihood of survival and recovery of listed species will not be appreciably
because the area being impacted is not occupied by the gnatcatcher. F)
PAGE 2 OF AGENDA% NO. I 4; 9~ e
G) The habitat loss is incidental to otherwise lawful activities, namely the relocatioi
structure pursuant to Planning Commission approvals.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration for the Agua Hedionda Visitorllnformation Center was appi
condition requiring consultation with the wildlife agencies and obtaining any necessary 1
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.
2. Location Map.
the Planning Commission on October 7, 1998. The Mitigated Negative Declaration con
City Council Resolution No. 9 3 -36 6
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RESOLUTION NO. 98-366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR AGUA
HEDIONDA VISITOR/INFORMATION CENTER LOCATED AT
THE FUTURE INTERSECTION OF CANNON ROAD AND
FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 8.
CAS E NAME: AG UA H ED ION DA VIS ITOWI N FORMATI ON
CENTER
CASENO.: . SDP 98-15
WHEREAS, the United States Fish arid Wildlife Service has listed the Ci
gnatcatcher as a threatened species and therefore subject to certain protections affordel
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as r:
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the C
gnatcatcher pending completion and approval of larger scale plans pursuant to the
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited
for approval of interim impacts, which process may be used until the San Diego Count
has taken 5% sf the coastal sage scrub existing as of March 25, 1993; and
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take h
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interin
must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects whi
been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in (
since March 25, 1993, and a statement of the remaining number of acres available to
from the 5% allocation: and
WHEREAS, in approving interim impacts to coastal sage scrub habitat u
expedited process provided by the Special Rule, it is necessary for the City Council
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seven specific findings which are outlined in the NCCP Conservation Guidelines and I
below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relatir
construction of the Agua Hedionda Visitorllnforunation Center and has determined t
appropriate to issue the interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
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 permil
Agua Hedionda Visitor/lnformation Center. The City Council further directs that .99 act
be subtracted from the available balance of coastal sage scrub impacts as sh
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 mz
following findings with respect to the Agua Hedionda Visitor/lnformation Center project. .
Council finds that:
A. The proposed habitat loss is consistent with the NCCP Cons
Guidelines because the impact is small, isolated, and degraded habitat.
B. The habitat loss will not cumulatively exceed the 5% limitatior
regionally or locally, in that 4.12 acres will remain available following approval of the
Agua Hedionda Visitor/lnformation Center.
C. Connectivity between high value habitat areas will not be precluded I
the project consists of development in a previously disturbed portion of the property. /
high value habitat on other portions of Kelly Ranch is proposed to remain in permane
space.
D. The habitat loss will not preclude preparation of the subregional NCCf
E. The habitat loss has been minimized and mitigated to the maximur
practicable. Mitigation shall consist of onsite preservation of 2.05 acres of coastal sa<
adjacent to larger areas of open space conservation.
F. The likelihood of survival and recovery of listed species will
appreciably reduced because the gnatcatcher is not present on the site, and the I
habitat being impacted by the project has minimal value for the species.
construction of the Agua Hedionda Visitor/lnformation Center pursuant to Planning Corr
approvals.
That staff is hereby directed to transmit the City Council’s action as expe
as possible to the U.S. Fish and Wildlife Service and California Department of Fish an
to indicate that the permits have been issued subject to the required 30-day review PE
addition, following the conclusion of the 30-day review period with no objections to the i
of the interim take permits from the U.S. Fish and Wildlife Service and California Depar
G. The habitat loss is incidental to otherwise lawful activities,
2.
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Fish and Game, staff is further directed to take appropriate actions to document t
approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Gity
of the City of Carlsbad, California, held on the 17 th day of Novembe
1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin an
NOES: None
ABSENT: None
ATTEST:
A6!!$?%A$ENKW\
(SEAL)
-3-
ATTACHMENT 1 Iternir(6n of Impacts to Coastal Sage S a 5% Allocation
I oiaiga I 2: 54
Note: Italics indicates fhat grading permit has not been issued
EXHIBIT : e 0
b
@
AGUA HEDIONDA VISITOR/
NATURE CENTER
SDP 98-1 5lCDP 98-591
HDP 98-IGIPCD 98-01
0 0
November 3,1998
Mr. Ray Patchett, City Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mr. Patchett:
SUBJECT:
the Agua Hedionda Visitor/Information Center - SDP 98-1 VCDP 98-59PCD 98-01
FOUNDATION
Asenda Bill #14,925 - Interim Coasta 1 Sage Scrub 4(D) Take Permit for
The Agua Hedionda Lagoon Foundation thanks you for your continuing support
of our Nature Center project and for placing the subject agenda bill item on the Carlsbad
City Council agenda for this evening, Tuesday, November 3, 1998.
certain information before they could grant the Agua Hedionda Lagoon Foundation a .99
acre de minimus Coastal Sage Take. They will not be able to clarify these concerns until
Monday, November 9, 1998, therefore we respecthlly request that AB #14,925 and the
preceeding agenda item, AB 814,925, be continued until the next City Council meeting, on
November 10, 1998.
City might not grant the Foundation a .99 acre 4(D) tonight, and we coudd find out at a
later date that U.S. Fish & Wildlife Service might not be able to grant a de minimus take.
By continuing both agenda items, the City and the Foundation will both have better
information for decision making. We trust this is acceptable to you.
Sincerely,
The U.S. Fish & Wildlife Service very recently indicated that they needed to clarify
By continuing both above agenda items, the situation can be avoided where the
-- -
- ;.-
LC/ . ->
Bob Richards, President
cc: cl-- U.S. Fish & Wildlife Service
California Department of Fish & Game
AHLF Secretary
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