HomeMy WebLinkAbout1998-11-17; City Council; 14947; RESERVATION OF ACREAGE FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FROM THE INTERIM SAGE SCRUB 5% ALLOCATION AND INTERIM COASTAL SAGE SCRUB TAKE PERMIT FARADAY AVENUE9 0 27 ”- 7
CI Y OF CARLSBAD -AGENDA BILL -4
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AB# /% 997 TITLE: RESERVATION OF ACREAGE FOR VARIOUS DEPT. HD.’J i
MTG. 1 1 /I 7/98 SAGE SCRUB 5% ALLOCATION AND INTERIM COASTAL CITY And
SAGE SCRUB TAKE PERMIT FARADAY AVENUE -
DEPT. ENG CITY m
CAPITAL IMPROVEMENT PROJECTS FROM THE INTERIM
RECOMMENDED ACTION:
Adopt Resolution No. 98-38s approving a reservation of 4.62 acres from the City’s allowa
take of coastal sage scrub for various Capital Improvement Projects.
Adopt Resolution No. Yf-3P6 approving an interim Coastal Sage Scrub Take Permit
Faraday Avenue, Project No. 3593, and subtracting 5.5 acres from the City’s 5% allocation.
ITEM EXPLANATION:
The listing of the coastal California gnatcatcher as a threatened species established the requirerr
for a Federal permit to impact any coastal sage scrub vegetation. A special permit and process \i
created under the Special 4(d) Rule to address projects with small impacts. This permit and proc
is known as the 4(d) Interim Coastal Sage Scrub Take Permit.
Exempt from this 4(d) process are projects which occur in low value habitat and cause less than
acre of sage scrub loss which is not occupied by California gnatcatchers. The exemption is knon
as De Minimis.
The City has discussed exempting certain City projects from the 4(d) process with the agenc and have their concurrence. Exemption of these projects allows the City to issue 4(d) permits
the remaining 5% acreage, which is 4.62 acres assuming that .99 acres will be “taken” by the Ac Hedionda NatureNisitor Center, and still be allowed to “take” under the De Minimis exemption. 1
Foxes Sewage Lift Station which is anticipated to have a .5 acre impact is one such project wh
can be processed De Minimis I
Therefore, this agenda bill is a request for a reservation of the remaining 4.62 acres from the Cii
5% allowable take of coastal sage scrub. The following projects are expected to impact coa: sage scrub and require permitting in the near-term:
To date, 26.08 acres of the total interim 5% take have been used or reserved for City projec
4.62 acres of the original 165.70 acres remains. With this reservation, the usage by the City is 3
acres, or 18% of the total acreage available.
Page 2 of Agenda Bill No. c1_.rLc? 0
Environmental review is being completed using a worst case impact to coastal sage scrub. A final determination of actual coastal sage scrub impacts, staff will return and:
0 Request a Section 4(d) Interim Coastal Sage Scrub Take Permit.
0 Request that City Council adopt the seven findings as outlined in the Natural Communi.
Conservation Planning Conservation Guidelines.
0 Approve the deduction of the actual acreage of impact from the City's 5% allocation E
make available the unused portion.
The City's remaining 5% allocation is getting low and the Habitat Management Plan timing is SL
that it may not be approved prior to the scheduled initiation of final design for the projec
Reservation of the acreage does not automatically issue the Interim Coastal Sage Scrub T:
Permit. A future City Council action is required to issue the permit. These projects are necess, for the continued development of the City.
The City Council has previously adopted a prioritization system for approving projects that
impact coastal sage scrub and commit acreage from the City's 5% allocation. Each of the Cap
Improvement Projects have minimal impacts to coastal sage scrub. The roadways are City Cap
Projects that provide necessary traffic circulation to meet the City's Growth Management Standar
The Water District Projects are necessary to provide the required infrastructure to meet the Cit
Growth Management standards. Melrose Avenue is a second priority when coastal sage scr
impacts are considered because it impacts more than 1 acre. It is a first priority by project type that it is required to meet a Growth Management Standard. The remaining projects are a fi
priority both by acreage of impact and project type. Because the 5% is nearing depletion, projc
type is considered. Staff is recommending that the City Council approve the request to reserve t
remaining 4.62 acres for the various Capital Improvement Projects from the City's 5% allocati
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 Farac Avenue Project. City Council reserved 6.5 acres for these projects by Resolution No. 14,820
August 4, 1998. Since that time, biological analysis has been completed. The following identif
the actual impacts associated with the Faraday Avenue project:
0 The Faraday Avenue Extension is located in Macario Canyon and extends Faraday Aven
from its existing terminus westerly to the future intersection with Cannon Road. T
Mitigated Negative Declaration has been published and adopted by City Council
Resolution 98-299 on September 9, 1998. The comments received from the Wild1
Agencies require the City to mitigate for coastal sage scrub affected indirectly by t
construction of Faraday Avenue. Although these impacts require mitigation, only dire(
returns 0.5 acres to the 5% allocation. impacts are subtracted from the 5% allocation. The actual impacts are 5.5 acres. Tt
Staff recommends issuance of the Interim Take Permit for the Faraday project for the followi
reasons:
1. The impact is small, low quality, and will not jeopardize the City's ability to utilize the 4(
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 sa
scrub impact would have to be pursued, potentially delaying construction of the project.
Page 3 of Agenda Bill No. 97 GY? 0
All of the required findings needed for issuance of an Interim Take Permit can be made, as statec the attached Resolution. To briefly summarize those findings, the proposed habitat loss
consistent with the guidelines of Natural Communities Conservation Planning, it will not cumulatil
exceed the City's 5% limitation, habitat connectivity will be maintained, and it will not prech
implementation of a regional habitat plan. Mitigation for the 5.5 acres of coastal sage scrub I!
consists of creation of habitat adjacent to the area of impact and use of land previously purcha:
from the Carlsbad Highlands Mitigation Bank. The previous action reserved 6.5 acres. This act
returns 0. 5 acres to the 5% allocation for use for other projects. After approval of this coastal si
scrub loss permit, the City's remaining balance under the 5% limitation will be 4.62 acres.
If the staff recommendation is approved, the Interim Take Permit will be submitted to the U.S. F
and Wildlife Service and California Department of Fish and Game for the required 30 day revi
period. If no objection is filed by those agencies within the 30 day period, the permit will have fi
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. 98-385 approving a reservation of 4.62 acres from the City's allowat
take of coastal sage scrub for various Capital Improvement Projects.
3. Resolution No. 98;?& approving an interim Coastal Sage Scrub Take Permit 1
Faraday Avenue, Project No. 3593, and subtracting 5.5 acres from the City's 5% allocation
1. LOC'ATION A$
NOT TO SCALE
PROJECT NAME EXF
INTERIM COASTAL SAGE SCRUB TAKE PERMIT i
RAW BY SCOTT EVANS. CARLSBAD ENGlNEERlNC DEPT.
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RESOLUTION NO. 98-385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A RESERVATION OF
5.11 ACRES FROM THE CITY'S ALLOWABLE TAKE OF
COASTAL SAGE SCRUB FOR VARIOUS CAPITAL
IMPROVEMENT PROJECTS.
WHEREAS, the United States Fish and Wildlife Service has listed the coastal Calif(
6 gnatcatcher as a threatened species and, therefore, subject to certain protections afforded b:
Endangered Species Act; and 7
8 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided u
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 Calif1
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Communities Conservation Planning (NCCP) program of the State of California; and 12
gnatcatcher pending completion and approval of larger scale plans pursuant to the Na
13 WHEREAS, among provisions of the Special Rule is an expedited process for approv
interim impacts, which process may be used until the San Diego County region has taken 5'
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 calculate
be 165.7 acres, and all impacts to coastal sage scrub during the interim period mus.
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 guidelines
20 WHEREAS, Melrose Avenue impacts 1.5 acres of coastal sage scrub and is considerf
21 second priority project by impact; and
22 WHEREAS, the remaining Capital Improvement Projects each impact less than one
23 ll 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 Managen 24
Standard and are first priority projects by project type; and
25 WHEREAS, the City's 5% allocation is nearing depletion, thus the project type
26 considered; and
27 11 WHEREAS, the prioritization guidelines allow commitment of acreage from the
28 allocation prior to the project receiving all discretionary action; and
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1 WHEREAS, Attachment 1 to this resolution is a listing of all projects which have
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authorized by the City Council pursuant to the Special Rule to impact coastal sage scrub h
in Carlsbad since March 25, 1993, including a statement of the remaining number of
4 11 available to the City from the 5% allocation; and
WHEREAS, when 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
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8 final design of the project can be initiated; and
WHEREAS, CEQA guidelines require environmental review to be completed beforl
9 WHEREAS, these projects, through the final design process may impact more or
10 coastal sage than is evident at the level of detail of the preliminary plans; and
11 WHEREAS, this request is for a reservation of the 4.62 acres of the coastal sage
12 allocation until actual impacts can be determined in the final design of the project; and
13 WHEREAS, when the actual impacts are known, City Council will be requested to E
the seven specific findings and approve the deduction of the actual acreage from the
allocation and make available the unused portion.
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15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls
16 California, as follows:
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1. That the above recitations are true and correct.
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allocation for the following Capital Improvement Projects: 2
2. That the City Council approves the reservation of 4.62 acres from the
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CAPITAL IMPROVEMENT PROJECT ACREAGE
Rancho Carlsbad Basins
Water District Projects
1.5 Melrose Avenue (includes Water District improvements)
0.4
Agua Hedionda Lift Station 1 .o
North Agua Hedionda Interceptor Rehabilitation 0.5
North Batiquitos interceptor Rehabilitation 0.1
South Agua Hedionda Interceptor Phase I
0.1 2 Tri-Agency Pipeline Erosion Protection
1 .o
f TOTAL 4.62
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc 9
held on the 17th day of November , 1998 by the following vote, to wit:
10 AYES: Councfl Members Lewis, Pinnila, Nygaard, Kulchin and Hall
NOES: None 11
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ATTEST:
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RESOLUTION NO.
e ATTACHMENT 1 e
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
1 1/9/98 17~09
Description of Project
Starting Balance I 165.70
. - , - - . . . - - I Acres
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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
4.30 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995
2.1 0
2.40 Cannon Road Reach 1 - 4(d) permit issued 1995
0.04 Poinsettia Park - 4(d) permit issued, 1995
Hidden Valley Road - Section 7 permit issued 1995 6.32 Maerkle Reservoir -- additional impacts 1 997 0.53
Cannon Road Reach 2 - 4(d) permit issued 2/97
0.1 0 La Costa Avenue Widening -- Section 7 1998
1.98
Private Development Projects:
Aviara Phase II drainage structure impacts - 1994
Aviara Phase Ill grading - 4(d) permit issued 9/95
0.40
6.80 Rancho Verde - Section 7 permit issued 1995
1 .IO Carlsbad Ranch - 4(d) permitissued May 1996
1.10 Parkview West - 4(d) permit issued May 1996
8.68
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IMar VistalErnerald Ridge West and East - approved administratively 11/95 I . 0.96 1 I - .. I
ICarrillo Ranch Phase I Gradina - Section 7 Dermit issued 1995 I 42.20 I 1 I I 1
IArrovo La Costa - Section 7 Dermit issued 1993 I 11.00 I I I ICobblestone Sea Village- 4(dl Dermit issued 1/97 I 14.60 I
Holly Springs agricultural impacts 1997 0.50
Carlsbad Ranch - Hidden Vallev Road amroved administrativelv 1997 0.27
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1 .. 1 Cobblestone Sea Village additional impact approved administratively 10/97 0.10
Carrillo Ranch Phase I1 Grading - authorized 1 1/97
3.98 Ocean Bluff - 4(d) Issued 3/98
1.95 Pacific View Estates - 4(d) permit issued 3/98
' 1.30 Meadowlands - 4(d) permit issued 3/98
28.00
La Costa Village -- 4(dl Issued 4/98
Ayres Land Co. -- Aviara Parkway -- Pending 4(dl 6/98
2.38 Green Valley El Camino Real Widening -- 4(d) Approved 6/98
1.70
0.00 ~Remainina acres
165.70 Total acres authorized to be taken
4.62 Reserved for various capital projects
0.99 Agua Hedionda Visitors Center -- 4id) Pending 10/98
0.30 Skateboard Park -- Approved administratively 8/98
6.00 Bill # 14,82 01
RESERVED FOR FARADA Y A VENUE AND EL CAMINO REAL (See Agenda
0.35 Poinsettia Lane Extension -- Amin. 4(d) Pending 7/98
0.35 Lincoln North Pointe/ViaSat -- Approved administratively 7/98
2.66 Kelly Ranch Area E-- Shea Homes -- 4(dl Pending 7/98
0.78 Newton Business Center -- 4(d) approved administratively 6/98
3.40
~ Note: Italics indicates that grading permit has not been issued
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RESOLUTION NO. 98-386
A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL
SAGE SCRUB TAKE PERMIT FOR FARADAY AVENUE,
PROJECT NO. 3593, AND SUBTRACTING 5.5 ACRES FROM "J
CITY'S 5% ALLOCATION.
WHEREAS, the United States Fish and Wildlife Service has listed the Cali
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded b
6 Endangered Species Act; and
7 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided L
a Section 4(d) of the Endangered Species Act for threatened species; and
9 WHEREAS, the Special Rule provides guidelines for interim take of the Calif
lo
Communities Conservation Planning (NCCP) program of the State of California; and 11
gnatcatcher pending completion and approval of larger scale plans pursuant to the N:
12 WHEREAS, among the provisions of the Special Rule is an expedited proces!
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taken 5% of the coastal sage scrub existing as of March 25,1993; and 14
approval of interim impacts, which process may be used until the San Diego County region
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subtracted from this amount; and
be 165.7 acres, and all impacts to coastal sage scrub during the interim period mus
WHEREAS, the City of Carlsbad's portion of the 5% allowable take has been calculatc
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WHEREAS, the City of Carlsbad has adopted a prioritization system and guideline? 18
determining which projects should be allowed to deduct from the City's 5% allocation; and 19
WHEREAS, Attachment 1 to this resolution is a listing of all projects which have t
authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbad s
March 25, 1993, and a statement of the remaining number of acres available to the City fron-
5% allocation; and
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23 11 WHEREAS, in approving interim impacts to coastal sage scrub habitat under
24 expedited process provided by the Special Rule, it is necessary for the City Council to ac
seven specific findings which are outlined in the NCCP Conservation Guidelines and rest; 25
26 below in the Findings section of this resolution; and
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WHEREAS, the City Council has reviewed all pertinent information relating to the Far
Avenue project and has determined that it is appropriate to issue an interim take permit fc
project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the CI
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 fa
Faraday Avenue project. The City Council further directs that 5.5 acres shall be subtracted
the available balance of coastal sage scrub impacts as shown on Attachment 1 of this resoll
which is incorporated herein by reference.
Findinqs:
In approving the issuance of this interim take permit, the City Council makes the folk
findings with respect to the Faraday Avenue project. The City Council finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guideline
2. The habitat loss will not cumulatively exceed the 5% limitation, either regiona
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 e
practicable. The mitigation shall consist of habitat creation adjacent to the area of impact anc
use of land credits from the Carlsbad Highlands Mitigation Bank.
6. The likelihood of survival and recovery of listed species will not be apprec
reduced.
7. The habitat loss is incidental to otherwise lawful activities.
8. That staff is hereby directed to transmit the City Council’s action as expeditic
as possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gan
indicate that the permits have been issued subject to the required 30 day review period
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’ I/ addition, following the conclusion of the 30 day review period with no objections to the issuan
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the interim take permits from the U. S. Fish and Wildlife Service and California Department of
and Game, staff is further directed to take appropriate actions to document the final appro\
the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 17th day of November , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
11 ATTEST:
1s R- ALETHA L. RAUTENK 1s R- ALETHA L. RAUTENK (SEAL)
0 0
ATTACHMENT 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
1 119198 17:OS
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 Lane/l-5 Freeway ramps and auxiliary lanes. Section
7 permit issued, 1995 2.1 0
CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 4.30
Poinsettia Park - 4(d) permit issued, 1995 0.04
Cannon Road Reach 1 - 4(d),permit issued 1995 2.40
City and Other Public Agency Projects:
Hidden Valley Road - Section 7 permit issued 1995 6.32
Maerkle Reservoir -- additional impacts 1997
0.1 0 La Costa Avenue Widening -- Section 7 1998
1.98 Cannon Road Reach 2 - 4(d) permit issued 2/97
0.53
Private Development Projects:
Aviara Phase II drainage structure impacts - 1994
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
8.68 Aviara Phase Ill grading - 4(d) permit issued 9/95
0.40
I I I
Mar Vista/Emerald Ridge West and East - approved administratively 1 1/95
42.20 Carrillo Ranch Phase I Gradina - Section 7 Dermit issued 1995
0.96
1 - I I
IArrovo La Costa - Section 7 Dermit issued 1993 I il.00-l 1 .. I I
..
Poinsettia Lane Extension -- Amin. 4(d) Pending 7/98
RESERVED FOR FARADAY AVENUE AND EL CAMINO REAL (See Agenda
,.
0.35 ’
Bill # 14,820) I 6.00
Skateboard Park -- Aooroved administrativelv 8/98 0.30 ..
Agua Hedionda Visitors Center -- 4/dl Pending 70/98
4.62 Reserved for various capital projects
0.99
ITotal acres authorized to betaken I 165.70 I
Remaining acres
Note: Italics indicates that grading permit has not been issued I 0.00
0 0 *& -'r4
@ United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Carlsbad Field Office *.., oI .&
2730 Loker Avenue West
Carlsbad, California 92008
Mr, Ray Patchett
City Manager
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92209
NQl! L T 13%
Subj: Reservation of Acreage for Various Capital Improvement Projects from the Interim Sage
Scrub Five Percent Allocation
Dear Mr. Patchett:
It is our understanding that the Carlsbad City Council will be considering the reservation of4.62
acres of its five percent allocation pursuant to the 4(d) Special Rule at its meeting this evening.
This agenda item was continued from November 3, 1998, in order to identify those projects
which may not need to be processed using this mechanism as they may be consistent with the
findings for a de minimus exemption to the 4(d) Special Rule. The criteria for use of the de
minimus exemption are as follows: The project occurs in low value habitat or medium quality habitat outside of identified
Project impacts to coastal sage scrub may not exceed one acre; and
The project site cannot be occupied by the coastal California gnatcatcher.
preserve planning areas;
It should be noted that while impacts to coastal sage scrub must still be mitigated, a major benefit
is that even after the City's five percent has been exhausted, these minimal impacts to coastal
sage scrub can still be authorized and projects can move forward.
Those projects on the previous Agenda Bill would have reserved a total of 5.1 1 acres and
included Rancho Carlsbad Basins (1 .O acre), Melrose Avenue (1.5 acres), Agua Hedionda Lift
Station (1 .O acre), Foxes Lift Station (0.5 acre), North Agua Hedionda Interceptor Rehabilitation
(0.5 acre), North Batiquitos Interceptor Rehabilitation Phase I (1.0 acre), and Tri-Agency
5.5 acres for Faraday Avenue and 0.35 acre for the widening of El Camino Real. The Agenda
Bill being presented tonight has revised some of the acreage requirements for specific projects
and deleted at least one project, the Foxes Sewage Lift Station which, it was estimated, would
need 0.5 acre of the five percent allocation. The project, located immediately east of Highway 5,
south of Chinquapin Avenue, and west of Harrison Street, involves the upgrade of an existing lift
station which has been in operation since 1964. It is not anticipated that the disturbance footprint
would significantly exceed that of the lift station (0.5 acre or less) and, if construction activities
Pipeline Erosion Protection (0.1 1 acre). Included also on this Agenda Bill was the reservation of
e 0
Mr. Ray Patchett 2
were limited to that period outside of its breeding season, the likelihood that this project would
adversely affect gnatcatchers is extremely low. It is also not within any identified preserve
planning area. As such, it appears that the Foxes project would meet the criteria for a de minimus
exemption and a debit from the five percent would not be needed. We would, however,
recommend that preconstruction surveys for gnatcatchers be conducted.
In addition to the Foxes Sewage Lift Station project, there are other projects which are remedial
and whose impacts (0.5 acre or less) are linear in nature. We strongly recommend that the City
explore the opportunity to utilize the de minimus exemption for these projects prior to allocation
of your limited five percent. We are available, along with staff from the California Department
of Fish and Game’s Habitat Conservation Planning group, to assist you in this endeavor.
If you have any questions regarding the contents of this letter, the 4(d) Special Rule, or use of the
de minimus exemption, please contact Julie M. Vandenvier of my staff at (760) 43 1-9440.
Sincerely,
(&S%
Ken Berg
Field Office Supervisor
cc: William Tippets, CDFG San Diego
David Lawhead, CDFG San Diego