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HomeMy WebLinkAbout2001-07-10; City Council; 16273; Interim Coastal Sage Scrub Intake PermitCITY OF CARLSBAD -AGENDA BILL lB# 4273 TITLE* . APROVAL OF AN INTERIM VITG. 7/10/01 COASTAL SAGE SCRUB TAKE PERMIT CANNON ROAD WEST REACH 2. PROJECT NO. 3184 CITY MGR. * RECOMMENDED ACTION: Adopt Resolution No.a6c/-&c5 approving an interim Coastal Sage Scrub Take Permit for Cannon Road West Reach 2, Project No. 3184, and subtracting 1.13 acres from the City’s 5% allocation. ITEM EXPLANATION: The listing of the coastal California gnatcatcher as a threatened species established the requirement for a Federal permit to impact any coastal sage scrub vegetation. A special permit and process was created under the Special 4(d) Rule to address projects with small impacts. This permit and process is known as the 4(d) Interim Coastal Sage Scrub Take Permit. Approximately three years ago, the City Council reserved the remaining 4d acreage for four City projects (Poinsettia Lane bridge widening, El Camino Real widening, South Agua Hedionda Lift Station, and Detention Basin BJB). Since then, some circumstances have changed for these and other projects, making it advisable to reallocate the City’s final 4d acreage. The following is an update on the status of these projects: 1. The South Agua Hedionda lift station is being re-designed to have no impacts. 2. Basin BJB is proposed to be permitted under the Section 7 permit process for Calavera Hills 3. El Camino Real widening has been completed. 4. Widening of Poinsettia Lane bridge is slated to begin later this summer. 5. The impacts for construction of Faraday Avenue were less than expected by 0.15 acres. 6. Some additional impacts will be required to complete the construction of Cannon Road west of El Camino Real. To allow for the additional Cannon Road impacts, it is recommended that the remaining 1 .I3 acres be allocated to Cannon Road. The usage by the City of the 5% allocation for City and other Public Agency projects is 28.55 acres, or 17% of the total acreage available. Exhausting the 5% allocation requires all projects to process with the Resource Agencies as they did prior to establishment of the Section 4d Interim Habitat Take Permit. Projects will either require the Section 7 or Section 10 process when impacts to habitat are involved. These processes can add to the processing time and costs for future public works projects and private development projects. I Page 2 of Agenda Bill No. /6 , 2 73 Staff recommends issuance of the Interim Take Permit for the Cannon Road West Reach 2 project for the following reasons: 1. The impact is small and low quality. 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 sage scrub impact would have to be pursued, potentially delaying construction of the project. All of the required findings needed for issuance of an Interim Take Permit can be made, as stated in the attached resolution. To briefly summarize those findings, the proposed habitat loss is consistent with the guidelines of Natural Communities Conservation Planning, it will not cumulatively exceed the City’s 5% limitation, habitat connectivity will be maintained, and it will not preclude implementation of a regional habitat plan. Mitigation for the 1.37 acres of coastal sage scrub loss consists of creation of habitat adjacent to Faraday Avenue. This action completely allocates the 5% Coastal Sage Scrub. If the staff recommendation is approved, the Interim Take Permit will be submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Game for the required 30-day review period. If no objection is filed by those agencies within the 30-day period, the permit will have final 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. 2. Location Map. Resolution No.206 / -dcsapproving an interim Coastal Sage Scrub Take Permit for Cannon Road West Reach 2, Project No. 3184, and subtracting 1.13 acres from the City’s 5% allocation. LOCATION MAP CITY OF OCEANSIDE NOT TO SCALE PROJECT NAME - PROJECT EXHIBIT CANNON ROAD REACH 1 & 2 NUMBER 3184 1 AWN By: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 3 RESOLUTION NO. 200 l-205 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL 3 SAGE SCRUB TAKE PERMIT FOR CANNON ROAD WEST REACH 2, PROJECT NO. 3184, AND SUBTRACTING 1.13 ACRES 4 FROM THE CITY’S 5% ALLOCATION. 5 WHEREAS, the United States Fish and Wildlife Service. has listed the California 8 gnatcatcher as a threatened species and, therefore, subject to certain protections afforded by the 7 Endangered Species Act; and 8 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided under 9 Section 4(d) of the Endangered Species Act for threatened species; and IO 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 12 Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited process for 13 approval of interim impacts, which process may be used until the San Diego County region has 14 taken 5% of the coastal sage scrub existing as of March 25, 1993; and 15 18 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 17 subtracted from this amount; and 18 ” 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 20 WHEREAS, Attachment 1 to this resolution is a listing of all projects which have been 21 authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbad since 22 March 25, 1993, and a statement of the remaining number of acres available to the City from the 23 5% allocation; and 24 WHEREAS, in approving interim impacts to coastal sage scrub habitat under the 25 expedited process provided by the Special Rule, it is necessary for the City Council to adopt 26 seven specific findings which are outlined in the NCCP Conservation Guidelines and restated 27 below in the Findings section of this resolution; and 28 I” 1 2 3 4 5 8 7 8 9 IO 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 Cannon Road Reach 2 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: 1. That the above recitations are true and correct. 2. That the City Council approves the issuance of an interim take permit for the Cannon Road West Reach 2 project. The City Council further directs that 1 .13 acres shall be subtracted from the available balance of coastal sage scrub impacts as shown on Attachment 1 of this resolution, which is incorporated herein by reference. Findings: In approving the issuance of this interim take permit; the City Council makes the following findings with respect to the Cannon Road West Reach 2 project. The City Council finds that: 1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. 2. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or 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 extent practicable. The mitigation shall consist of habitat creation near to the area of impact. 6. The likelihood of survival and recovery of listed species will not be appreciably reduced. 7. The habitat loss is incidental to otherwise lawful activities. /If Ill Ill I!/ Ill 1 a. That staff is hereby directed to transmit the City Council’s action as expeditiously 2 as possible to the U. S. Fish and Wildlife Service and California Department of Fish and Game to 3 indicate that the permits have been issued subject to the required 30-day review period. In 4 addition, following the conclusion of the 30-day review period with no objections to the issuance of 5 the interim take permits from the U. S. Fish and Wildlife Service and California Department of Fish 6 and Game, staff is further directed to take appropriate actions to document the final approval of 7 the project. 8 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 10 held on the 10th day of JULY (2001 by the following vote, to wit: 11 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall 12 13 14 15 16 18 23 24 25 26 27 28 NOES: None ABSENT: No (SEAL) Attachment 1 ltemization of Impacts to Coastal Sage Scrub 5% Allocation 6/25/2001 13:39 Mar Vista/Emerald Ridge West and East - approved administratively 11195 I 0.96 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 42.20 Arroyo La Costa - Section 7 permit issued 1993 11.00 Cobblestone Sea Village- 4(d) permit issued l/97 14.60 Holly Springs agricultural impacts 1997 0.50 Carlsbad Ranch - Hidden Vallev Road aooroved administrativelv 1997 0.27 Cobblestone Sea Village additional impact approved administratively 1 O/97 0.10 Carrillo Ranch Phase II Grading - authorized 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 Valley El Camino Real Widening -- 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 7/98 2.66 Lincoln North Pointe/ViaSat -- Approved administratively 7/98 0.35 Agua Hedionda Visitors Center -- 4(d) Issued IO/98 0.99 Brookfield Meadows CT 96-04 -- Approved administratively 9/99 0.25 Manzanita Partners -- Section 7 approved 12199 3.40 Total acres authorized to be taken 165.70 Remainina acres 0.00 Note: Italics indicates that grading permit has not been issued