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HomeMy WebLinkAbout2000-04-25; City Council; 15712; Interim Habitat Loss Permit & Status Report, . ’ L CITY OF CARLSBAD -AGENDA BILL AB# /si 7/ti( TITLE: MTG. INTERIM HABITAT LOSS PERMIT FOR FOUR CITY PROJECTS AND STATUS REPORT ON CITY’S DEPT. PLN ti REMAINING 5% ALLOCATION CITY MGRa RECOMMENDED ACTION: That the City Council: ADOPT Resolution No.$?BoO -/3/, APPROVING the Interim Habitat Loss Permit for Poinsettia Lane Bridge Widening; ADOPT Resolution No.2 000 - 132, APPROVING the Interim Habitat Loss Permit for El Camino Real Widening; ADOPT Resolution No.2060 -133 , APPROVING the Interim Habitat Loss Permit for South Agua Hedionda Lift Station and Force Main; and ADOPT Resolution No. a060 *l3q , APPROVING the Interim Habitat Loss Permit for Ranch0 Carlsbad Stormwater Detention Basin BJB. ITEM EXPLANATION: For the past six years the City of Carlsbad has been utilizing a method for permitting impacts to coastal sage scrub habitat known as the 4(d) Rule. The City’s allowable impacts to coastal sage scrub were limited to 165.7 acres until the Habitat Management Plan (HMP) is approved. At this time, 2.22 acres remain from the original 165.7 acre allocation. It is anticipated that the HMP will receive final approval in June of this year. At that time, the 5% limitation will no longer apply, and impacts to habitat will be governed by the provisions of the HMP. In the meantime, there are several City projects that may need to utilize the 4(d) process in order to commence construction prior to June. The locations of the projects are shown on Exhibit 5, and their impacts are discussed below. Poinsettia Lane Bridae Wideninq - The project will impact 0.34 acres of coastal sage scrub that is not occupied by the gnatcatcher. A Coastal Development Permit (CDP 99-30) for the project was approved on January 5, 2000, along with a Mitigated Negative Declaration. The project was reviewed by the wildlife agencies, and they had no concerns regarding the project. Mitigation will occur at the Lake Calavera City Mitigation Bank. El Camino Real Wideninq - The project will impact 0.9 acres of coastal sage scrub that is occupied by the gnatcatcher. The project was included in the approvals for the Sunny Creek Terraces project which was approved on November 17, 1998. These approvals included EIR 98-01. The wildlife agencies reviewed the EIR and had no concerns regarding the project. Mitigation is being handled by the Terraces developer and will occur on the Holly Springs property. South Aoua Hedionda Lift Station and Force Main - This project which is currently in review, (CUP 99-19) will impact 0.45 acres of coastal sage scrub that has gnatcatchers nearby. The project has not yet been approved, and a Mitigated Negative Declaration is being processed. Mitigation is proposed to be done onsite by means of revegetation at a ratio of 2:l. Ranch0 Carlsbad Stormwater Detention Basin BJB - The project is currently in review and will impact up to 0.53 acres of coastal sage that is not occupied by the gnatcatcher. The project is being . h PAGE 2 OF AGENDA BILL NO: Is, 7 /a -. analyzed in the Environmental Impact Report (EIR 98-02) for Calavera Hills which is in preparation. Mitigation will take place at Lake Calavera. The total impacts of the above projects will utilize all of the acres remaining from the City’s original allocation. In other words, the entire 165.7 acre allocation will be exhausted, as shown on Exhibit 6. This will mean that projects impacting coastal sage scrub cannot proceed unless one of the following conditions is met: 1) The HMP is approved by the Wildlife Agencies, thus eliminating the 5% cap; or 2) The project qualifies for the “De Minimus” exemption, which applies to impacts less than 1 acre and where no gnatcatchers are present. “De Minimus” impacts are allowed to exceed the 165.7 acre cap; or 3) The project obtains a separate Section 7 or Section IO(a) permit from the Wildlife Agencies. Projects that do not meet one of the above criteria cannot proceed to grading or construction. ENVIRONMENTAL: Each of the above projects is addressed by an environmental document that has been prepared in compliance with the California Environmental Quality Act. Poinsettia Lane Widening is addressed by a Mitigated Negative Declaration for Coastal Development Permit CDP 99-30. El Camino Real Widening is addressed as part of Certified EIR 98-01. The South Agua Hedionda Lift Station is being addressed by a Mitigated Negative Declaration for Conditional Use Permit CUP 99-19 (in process). The Ranch0 Carlsbad Detention Basin is being addressed as part of EIR 98-02 (in process) and by EIA 00-01. FISCAL IMPACT: There is no fiscal impact to the City. EXHIBITS: 1. City Council Resolution No. $000 - 13/ Poinsettia Lane Bridge Widening 2. City Council Resolution No.&00 4 13.2 : El Camino Real Widening 3. City Council Resolution No. ;LDDo a I33 , South Agua Hedionda Lift Station and Force Main 4. City Council Resolution No. a000 d 134 , Ranch0 Carlsbad Stormwater Detention Basin BJB 5. Location Map 6. Cumulative Listing of All Projects Authorized Under 4(d) Rule. 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. 2000-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE POINSETTIA LANE BRIDGE WIDENING PROJECT. CASE NAME: POINSETTIA LANE BRIDGE WIDENING CASE NO.: CDP 99-30 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, the City of Carlsbad has adopted a prioritization system and guidelines for determining which projects should be allowed to deduct from the City’s 5% allocation; and WHEREAS, a listing (“List”) 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 has been maintained on file in the Planning Department; 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 below in the Findings section of this resolution; and 3 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 - WHEREAS, the City Council has reviewed all pertinent information relating to the POINSETTIA LANE BRIDGE WIDENING project and has determined that it is appropriate to issue an interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. 6. That the City Council approves the issuance of the an interim take permit for the POINSETTIA LANE BRIDGE WIDENING project. The City Council further directs that 0.34 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on “List”, which is incorporated herein by reference. C. 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. Findinas: In approving the issuance of this interim take permit, the City Council makes the following findings with respect to the POINSETTIA LANE BRIDGE WIDENING project. The City Council finds that: 1. 2. 3. 4. 5. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The impact is small (0.34 acres), surrounded by existing and approved development, spatially isolated from other patches of coastal sage scrub, does not support the California gnatcatcher or any other sensitive species, and is not suitable for long-term conservation. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally. After deducting the impacts due to this project and other projects that are proceeding concurrently, the City will have 0 acres remaining of its 5% allocation. Connectivity between high value habitat areas will not be precluded. The project site along Poinsettia Lane between Carlsbad Boulevard and Avenida Encinas is not contiguous with any high value habitat areas. In addition, the patch of coastal sage scrub being impacted is located on a manufactured slope for a bridge abutment that was constructed in 1985. The habitat loss will not preclude preparation of the subregional NCCP plan. For the reasons stated above, the area of impact has no significance for preparation of the Carlsbad Habitat Management Plan or the North County Multiple Habitat Conservation Plan. The habitat loss has been minimized and mitigated to the maximum extent practicable. ” - 2- r! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 The mitigation shall consist of permanent preservation of 0.34 acres at the City’s Lake Calavera Mitigation Bank. 6. The likelihood of survival and recovery of listed species will not be appreciably reduced. There are no listed or sensitive species inhabiting or utilizing the area. 7. The habitat loss is incidental to otherwise lawful activities. The impact is necessary for the widening of the Poinsettia Lane Bridge to major arterial standards as called for in the City’s Circulation Element and in the certified Local Coastal Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 25th day Of ADril , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchil NOES: None All-EST: <ORRAl !F M. WOOD, City Clerk (SEAL) -3- RESOLUTION NO. 2000-132 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE El CAMINO REAL WIDENING PROJECT. CASE NAME: EL CAMINO REAL WIDENING CASE NO.: EIR 98-01 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, the City of Carlsbad has adopted a prioritization system and guidelines for determining which projects should be allowed to deduct from the City’s 5% allocation; and WHEREAS, a listing (“List”) 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 has been maintained on file in the Planning Department; 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 below in the Findings section of this resolution; and b 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 WHEREAS, the City Council has reviewed all pertinent information relating to the EL CAMINO REAL WIDENING project and has determined that it is appropriate to issue an interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and.correct. B. That the City Council approves the issuance of the an interim take permit for the EL CAMINO REAL WIDENING project. The City Council further directs that 0.9 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on “List”, which is incorporated herein by reference. C. 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. Findims: In approving the issuance of this interim take permit, the City Council makes the following 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 Guidelines. The impact is small (less than 1 acre), surrounded by existing and approved development, spatially isolated from other patches of coastal sage scrub, does not support the California gnatcatcher or any other sensitive species, and is not suitable for long-term conservation. 2. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally. After deducting the impacts due to this project and other projects that are proceeding concurrently, the City will have 0 acres remaining of its 5% allocation. 3. Connectivity between high value habitat areas will not be precluded. The project site along existing El Camino Real between Cougar Drive and Sunny Creek Road is not contiguous with any high value habitat areas. 4. The habitat loss will not preclude preparation of the subregional NCCP plan. For the reasons stated above, the area of impact has no significance for preparation of the Carlsbad Habitat Management Plan or the North County Multiple Habitat Conservation Plan. 5. The habitat loss has been minimized and mitigated to the maximum extent practicable. The mitigation shall consist of acquisition of 1.8 acres at Holly Springs which is nearby and has high habitat and conservation value. -2- 3 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 6. The likelihood of survival and recovery of listed species will not be appreciably reduced. The small patch of habitat that is being impacted is not occupied or utilized by the gnatcatcher or any other listed species. 7. The habitat loss is incidental to otherwise lawful activities. The project is widening of El Camino Real to Primer Arterial standards as required by the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 25th day of April ) 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin (SEAL) -3- C 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. 3.000-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN PROJECT. CASE NAME: SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN CASE NO.: CUP 99-l 9 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, the City of Carlsbad has adopted a prioritization system and guidelines for determining which projects should be allowed to deduct from the City’s 5% allocation; and WHEREAS, a listing (“List”) 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 has been maintained on file in the Planning Department; 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 SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN project and has determined that it is appropriate to issue an interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the City Council approves the issuance of the an interim take permit for the SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN project. The City Council further directs that 0.45 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on “List”, which is incorporated herein by reference. C. 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. Findinas: In approving the issuance of this interim take permit, the City Council makes the following findings with respect to the SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN project. The City Council finds that: 1. 2. 3. 4. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The impact is small (0.45 acre) and is required for construction of a necessary public facility, namely a sewer lift station and force main. Although the impact is in an area of high sensitivity and high resource values, there are no feasible environmentally superior alternatives to the lift station at this location. The project has been designed to minimize impacts to the maximum extent possible. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally. After deducting the impacts due to this project and other projects that are proceeding concurrently, the City will have 0 acres remaining of its 5% allocation. Connectivity between high value habitat areas will not be precluded. Although the project is located within a high value area, connectivity will not be precluded because the project has been designed to minimize such impacts. Connectivity will be provided around the site on all sides. In addition, onsite mitigation will contribute significantly to maintenance of connectivity and use of the area by wildlife. The habitat loss will not preclude preparation of the subregional NCCP plan. Although the project is located in an area acknowledged to be important for conservation in the City’s Habitat Management Plan, the small area of impact and the mitigation measure 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 l 23 24 25 26 27 28 will ensure that the project does not preclude completion and final approval of the HMP. 5. The habitat loss has been minimized and mitigated to the maximum extent practicable. The mitigation shall consist of enhancement and restoration of 0.9 acres of coastal sage scrub habitat onsite. This mitigation will provide significant benefit to the gnatcatcher and other species that occupy the area. 6. The likelihood of survival and recovery of listed species will not be appreciably reduced. Although the general area of the project is occupied by the California gnatcatcher, the project will not directly impact the gnatcatcher. The project will impact only a small area (0.45 acres) of habitat that the gnatcatcher is using, and this impact will be mitigated by enhancement of 0.9 acres onsite. Operation of the lift station and force main will not impact the gnatcatcher. Thus, the project including its mitigation will actually have a net benefit for the gnatcatcher and other species. 7. The habitat loss is incidental to otherwise lawful activities. The project is construction of a sewer lift station and force main which are necessary to provide sanitary sewer to the eastern portions of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 25th dayof April , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchil NOES: None Al-TEST: h,s+Yn!l hRR#lNE M. WOOD, City Clerk (SEW -3- // RESOLUTION NO. 2000-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE RANCH0 CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT. CASE NAME: RANCH0 CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT CASE NO.: EIR 98-02 WHEREAS, the United States Fish and Wildlife Service has listed the California 7 8 Gnatcatcher as a threatened species and, therefore, subject to certain protections afforded by the Endangered Species Act; and 9 10 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided 11 under Section 4(d) of the Endangered Species Act for threatened species; and 12 WHEREAS, the Special Rule provides guidelines for interim take of the California 13 14 gnatcatcher pending completion and approval of larger scale plans pursuant to the Natural Communities Conservation Planning (NCCP) program of the State of California; and 15 16 17 18 19 20 21 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, the City of Carlsbad has adopted a prioritization system and guidelines for determining which projects should be allowed to deduct from the City’s 5% 22 23 24 25 26 27 allocation; and WHEREAS, a listing (“List”) 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 has been maintained on file in the Planning Department; 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 28 II 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 RANCH0 CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT and has determined that it is appropriate to issue an interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the City Council approves the issuance of the an interim take permit for the RANCH0 CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT. The City Council further directs that 0.53 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on “List”, which is incorporated herein by reference. C. 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. Findinqs: In approving the issuance of this interim take permit, the City Council makes the following findings with respect to the RANCH0 CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT. The City Council finds that: 1. 2. 3. . 4. 5. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. The project will be located primarily on agricultural land. Impacts to habitat will be minimal (0.53 acres), and the nature of the use is one that does not involve ongoing impacts. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or locally. After deducting the impacts due to this project and other projects that are proceeding concurrently, the City will have 0 acres remaining of its 5% allocation. Connectivity between high value habitat areas will not be precluded. The project is a stormwater detention basin. As such, it is essentially an open space use rather than development. Although there are high value areas adjacent to the basin, the project will not block movement of animals between these areas. The wildlife corridors designated in the HMP lie to the east of the project, in the Sunny Creek area, and to the west of the project across Robertson Ranch. The habitat loss will not preclpde preparation of the subregional NCCP plan. The project’s impacts to coastal sage scrub are small and insignificant in relation to the HMP and MHCP. The habitat loss has been minimized and mitigated to the maximum extent practicable. -2- /3 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 The mitigation shall consist of preservation of 0.53 acres at the Lake Calavera Mitigation Bank. 6. The likelihood of survival and recovery of listed species will not be appreciably reduced. The project will not directly impact gnatcatchers or any other listed species. With the mitigation that is being provided, the project will provide a net benefit to listed and sensitive species. 7. The habitat loss is incidental to otherwise lawful activities. The project is needed to protect Ranch0 Carlsbad Mobile Home Park from flooding by detaining water upstream. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 25th day of April , 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchil Al-l-EST: .m//c M. WOOD, City Clerk ) (SEAL) -3- EXHIBIT 5 PROJECT LOCATION MAP 4(d) PERMITS 0 1 POINSE-ITIA LANE BRIDGE WIDENING 0 2 EL CAMINO REAL WIDENING 0 3 SOUTH AGUA HEDIONDA LIFT STATION AND FORCE MAIN 0 4 RANCH0 CARLSBAD STORMWATER DETENTION BASIN /5- -. EXHl6lT 6 ltemization of Impacts to Coastal Sage Scrub 5% Allocation 3/20/2000 17:06 Description of Project Starting Balance City and Other Public Anencv Proiects: Acres 165.70 San Dieguito Union High School District for South Carlsbad High School site. 1 Section 7 permit issued, 1993 CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes. Section 7 permit issued, 1995 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued, 1995 Poinsettia Park - 4(d) permit issued, 1995 Cannon Road Reach l- 4(d) permit issued 1995 Hidden Valley Road - Section 7 permit issued 1995 Maerkle Reservoir -- additional imoacts 1997 1.46 2.10 4.30 0.04 2.40 6.32 0.53 Cannon Road Reach 2 - 4(d) permit issued 2197 1.98 La Costa Avenue Widening -- Section 7 1998 0.10 Poinsettia Lane Extension -- Admin. 4(d) Issued 7/98 0.35 Skateboard Park -- Approved administratively 8198 0.30 FARADAY AVENUE -- 4(d) issued 12198 5.50 El Camino Real widening -- 4(d) issued 12/98 I 0.35 Faradav Avenue additional aradina 0.60 Poinseitia Lane Bridge -- Pending-March 2000 0.34 El Camino Real widening at Terraces -- Pending March 2000 0.90 South Aoua Hedionda Lift Station & Force Main -- Pendins March 2000 0.45 IRanch karlsbad Stormwater Detention Basin BJB -- Per&o March 2000 1 0.53 I Private DeveloDme , nt Projects: Aviara Phase II drainage structure impacts - 1994 35 IAviara Phase III aradina - 4(d) oermit issued 9/! 0.40 8.68 Parkview West --4(d) iermit issued May 1996 196 Carlsbad Ranch - 4(d) permitissued May 19 Ranch0 Verde - Section 7 oermit issued 1995 I-~-- Mar Vista/Emerald Ridae West and East - aooroved administrativelv 1 l/95 I 0.96 1 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 42.20 Arrovo La Costa - Section 7 oermit issued 1993 11.00 j Cobblestone Sea Village- 4(d) oermit issued l/97 1 14.60 1 Holly Springs agricultural impacts 1997 0.50 Carlsbad Ranch - Hidden Valley Road approved administratively 1997 0.27 Cobblestone Sea Village additional imoact aooroved administrativelv 1 o/97 0.10 Carrillo Ranch Phase-11 Grading - authoriikd 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) Issued 3/98 3.98 Green Vallev El Camino Real Widenina -- 4(d) Issued 6/98 2.38 Ayres Land Co. -- Aviara Parkway -- 4(d) Issued 6198 3.40 Newton Business Center -- 4(d) approved administratively 6/98 0.78 Kelly Ranch Area E-- Shea Homes -- 4(d) Issued 7198 2.66 Lincoln North Pointe/ViaSat -- AnDroved administrativelv 7198 0.35 3rookfield Meadows CT 96-04 lhnanzanita Partners -- Section 7 aodroved 12199 Agua Hedionda Visitors Center -1,4(d) Issued lo/98 ’ 0.99 I -- Approved administratively 9/99 0.25 3.40 65.701 Total acres authorized to be taken Remaining acres 1 1 0.00 I Note: Italics indicates that grading permit has not been issued