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HomeMy WebLinkAbout2012-06-26; City Council; 20953; Minor Amendment to Implementation Agreement for The Fieldstone-Rancho Santa Fe Road Habitat Conservation PlanCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 6/?6/1? GEO A MINOR AMENDMENT TO THE IMPLEMENTATION AGREEMENT FOR THE FIELDSTONE/RANCHO SANTA FE ROAD HABITAT CONSERVATION PLAN DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2012-157 authorizing the Mayor to execute the Minor Amendinent to the Impleinentation Agreement for the Fieldstone/Rancho Santa Fe Road Habitat Conservation Plan. ITEM EXPLANATION: In 1995, the City entered into an agreement with the U.S. Fish and Wildlife Service, the California Department of Fish and Game (CDF&G), and the Fieldstone/La Costa Associates for the Fieldstone/Rancho Santa Fe Road Habitat Conservation Plan (HOP). To briefly summarize the provisions of the HCP and Implementation Agreement, approximately 700 acres of habitat were conserved onsite within the Villages of La Costa Master Plan and MAG properties. This conserved habitat land supports at least 19 California gnatcatcher territories as well as sixty-three (63) other sensitive species identified as Covered Species. The conserved areas have been designed to maintain habitat connectivity within Carlsbad and to other important habitat areas southeasterly of Carlsbad. The HCP allowed the development of the Villages of La Costa Master Plan and the realignment of Rancho Santa Fe Road. The HCP predates the City's Habitat Management Plan. The MAG property is located on the southeasterly corner of Rancho Santa Fe Road and La Costa Avenue and is contained within the HCP. Since the time of the implementation of the HCP, the development plans for the MAG property, now known as the La Costa Town Square project, have been approved. During the review of the La Costa Town Square project, a new population of thread-leaved brodiaea was identified. The EIR for the La Costa Town Square project provided mitigation for the impacts to the thread-leaved brodiaea. The Incidental Take Permit (ITP) explicitly authorizes the take of 1,190 individuals of thread-leaved brodiaea, or 17 percent of the only population of this Covered Species known within the Project area in 1995. The remaining 83 percent of that population was permanently conserved on site within the Conservation Habitat of the Project. In 2006, a previously unknown population of thread-leaved brodiaea was found on the last parcel (MAG parcel) within the Project area to be developed. At the time of discovery, 151 plants were counted; 997 plants were counted in the spring of 2011. In 2009, the City of Carlsbad certified an environmental impact report (EIR) for the project (La Costa Town Square, SCH No. 2003041159) proposed to be developed on this parcel. The previously unknown thread-leaved brodiaea population on the MAG (La Costa Town Square) parcel is not covered by the take authorization conveyed by the ITP. Therefore, CDF&G determined that it is necessary to amend the ITP to explicitly authorize the take and articulate the mitigation to which the Permittees have committed. The CDF&G is initiating the amendment and seeks the City of Carlsbad's concurrence per the Implementation Agreement. DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch(a)carlsbadca.gov FOR CITY CLERKS USE ONLY. X • COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 This Minor Amendment No. 1 (Amendment) makes the following changes to the existing ITP (see exhibit 2): First, this Amendment adds Property Development Centers, the project applicant for the MAG (La Costa Town Square) parcel, as a Permittee to the ITP; Second, this Amendment explicitly authorizes the take of an additional 997 plants of thread-leaved brodiaea, resulting in the take of a total of 2,187 of the 7,987 known plants within the HCP/OMSP area; and Third, this Amendment specifies the mitigation that Property Development Centers shall provide for the additional take of thread-leaved brodiaea. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. ENVIRONMENTAL IMPACT: In August 2009, the City Council certified an Environmental Impact Report (EIR 01-02) for the project (La Costa Town Square, SCH No. 2003041159). The EIR identified the impacts and provided mitigation for the impacts to the thread-leaved brodiaea. EXHIBITS: 1. Resolution No. 2012-157 2. Draft Amendment No. 1 to the Implementation Agreement for the Fieldstone/Rancho Santa Fe Road Habitat Conservation Plan 3. Implementation Agreement on file with City Clerk 4. Resolution No. 95-128 - Authorization to sign original Implementation Agreement for HCP z EXHIBIT 1 1 RESOLUTION NO. 2012-157 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO 3 SIGN THE FIRST AMENDMENT TO THE IMPLEMENTATION AGREEMENT FOR THE FIELDSTONE/RANCHO SANTA FE 4 ROAD HABITAT CONSERVATION PLAN. CASE NAME: HABITAT CONSERVATION PLAN 22 26 27 28 The City Council of the City of Carlsbad, California, does hereby resolve as 5 6 follows: 7 WHEREAS, on May 23, 1995, the City Council accepted a staff report and 8 authorized the Mayor to sign the "Implementation Agreement Regarding the City of 9 Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan"; and 10 WHEREAS, a new population of thread-leaved brodiaea was discovered on the 11 MAG property during the approval of the La Costa Town Square project post approval of the 12 Habitat Conservation Plan (HCP) and the species is not covered by the HCP as determined by 13 the California Department of Fish and Game (CDF&G) and has therefore initiated a minor 14 amendment to the Implementation Agreement (IA); and 15 WHEREAS, the CDF&G has determined that a minor amendment to the IA is 16 needed to; identify Project Design Centers as a permittee for the MAG (La Costa Town Square) 1^ parcel, explicitly authorize the take of an additional 997 thread-leaved brodiaea, and articulate 1 ^ the mitigation for the species; and 19 WHEREAS, the CDF&G has initiated a minor amendment to the IA and seeks the City's concurrence on the minor amendment pursuant to the IA; and 21 WHEREAS, the City of Carlsbad has certified two EIRs (SCH Nos. 90010850 and 93091080) as the lead agency for the two projects (Villages of La Costa Master Plan and Rancho Santa Fe Road Widening) and determined that the Project (HCP) is within the scope of 94 the prior EIRs, and no new environmental document nor Public Resources Code 21166 findings 25 " are required. Furthermore, the City analyzed the additional take in the La Costa Town Square EIR (SCH No. 2003041159) which was certified in August 2009. The EIR identified the impacts and provided mitigation for the impacts to the thread-leaved brodiaea, therefore the approval of 3 1 this minor amendment will not result in, and does not have the potential to create, any new 2 significant or substantially more severe environmental effects than previously analyzed and 3 disclosed by the City of Carlsbad during its lead agency review of the Projects. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 5 of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Mayor to sign the minor amendment 26 27 28 to the IA. 9 3. That staff is authorized to submit the signed minor amendment to the California Department of Fish and Game for final execution of the agreement (on file with the 10 City Clerk's office). 11 "NOTICE TO APPLICANT" 12 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 13 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which 14 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 15 or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either 16 personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 17 City of Cartsbad, 1200 Cartsbad Village Dnve, Cartsbad, CA. 92008. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// /// /// 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Cartsbad on the 26*^ day of June, 2012, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. L'OI^RAINE M. WOOD, City Clerk (SEAL) -^B^% 17 -.0^, 19 20 21 22 23 24 25 26 27 28 CAUFORNIA DEPARTMENT OF FISH AND GAME SOUTH COAST REGION 3883 RuFFiN ROAD SAN DIEGO, CA, 92123 AMENDMENT NO. 1 (A Minor Amendment) California Endangered Species Act Incidental Take Permit No. 2081-1995-014-5 City of Cartsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan for the properties in the Southeast Quadrant of the City of Carlsbad, California, San Diego County INTRODUCTION On June 7, 1995, the California Department of Fish and Game (DFG) issued Incidental Take Permit No. 2081-1995-014-5 (ITP, then known as a Management Authorization) to the City of Cartsbad and Fieldstone/La Costa Associates (Permittees) for take of the following species (collectively, the Covered Species) associated with the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi- Species Plan (HCP/OMSP) in San Diego County, California. Plants 1. Encinitas bacchans (Baccharis vanessae) (endangered) 2. San Diego thorn mint (Acanthomintha ilicifolia) (endangered) 3. Thread-leaved brodiaea (Brodiaea filifolia) (endangered) 4. Ashy spike-moss (Selaginella cinerascens) y 5. Blochman's dudleya (Dudleya blochmaniae ssp. blochmaniae) 6. California adder's tongue (Ophioglossum califomicum) 7. California adolphia (Adolphia californica) 8. Cliff spurge (Eup^onb/a m/seraj 9. Coast white lilac (Ceanothus verrucosus) 10. Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia) 11. Del Mar Mesa sand aster (Corethrogyne filaginifolia var. linifolia) 12. Engelmann oak (Quercus engelmannii) 13. Nuttall's scrub oak (Quercus dumosa) 14. Orcutfs brodiaea (Brodiaea orcuttii) 15. Orcutt's hazardia (Hazardia orcuttii) 16. Palmer's grapplinghook fHarpagone//a pa/mer/) 17. San Diego ambrosia (Ambrosia pumila) 18. San Diego coast barrel cactus (Ferocactus viridescens) 19. San Diego County viguiera (Viguiera laciniata) 20. San Diego goldenstar (Muilla clevelandii) 21. San Diego marsh elder (Iva hayesiana) 22. San Diego sagewort (Artemisia palmer!) 23. Southwestern spiny rush (Juncus acutus ssp. leopoldii) 24. Sticky-leaved liveforever (Dudleya viscida) 25. Summer-holly (Comarostaphylis diversifolia ssp. diversifolia) 26. Western dichondra (Dichondra occidentalis) Invertebrates 27. Harbison's Dun skipper (Euphyes vestris harbinsoni) 28. Hermes copper (Lycaena hermes) Amphibians 29. California red-legged frog (Rana aurora draytonii) 30. Western spadefoot toad (Scaphiopus hammondii) Reptiles 31. Coastal rosy boa (Lichanura trivirgata roseofusca) 32. Coastal western whiptail (Cnemidophorus tigris multiscutatus) 33. Coast patch-nosed snake (Salvadora hexalepis virgultea) 34. Coronado skink (Eumeces skiltonianus interparietalis) 35. Northern red diamond rattlesnake (Crotalus ruber ruber) 36. Orange-throated whiptail (Cnemidophorus hyperythrus beldingi) 37. San Diego banded gecko (Coleonyx variegatus abbotti) 38. San Diego horned lizard (Phrynosoma coronatum blainvillei) 39. San Diego nngneck snake (Diadophus punctatus similis) 40. Silvery legless lizard (Anniella pulchra pulchra) 41. Southwestern pond turtle (Clemmys mamorata pallida) 42. Two-stnped garter snake (Thamnophis hammondii) Birds 43. Least Bell's vireo {Vireo belliipusillus) (endangered) 44. Southwestern willow flycatcher {Empidonax traillli extimus) (endangered) 45. Bell's sage sparrow (Amphispiza belli belli) 46. Burrowing owl (Speotyto cunicularia) 47. California horned lark (Eremophila alpestris actia) 48. Coastal California gnatcatcher (Polioptila californica californica) 49. Cooper's hawk (Acc/p/ter cooper/7) 50. Loggerhead shnke (Lanius ludovicianus) 51. Northern harrier (Circus cyaneus) 52. San Diego cactus wren (Campylorhynchus brunneicapillus couesi) 53. Southern California rufous-crowned sparrow (Aimophila ruficeps canescens) Minor Amendment No.1 Incidental Take Permit 2081-1995-014-5 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan 54. Tncolored blackbird (Agelaius tricolor) 55. Yellow-breasted chat (Icteria virens) 56. Yellow warbler (Dendroica petechia brewsteri) Mammals 57. California mastiff bat (Eumops perotis californicus) 58. Dulzura California pocket mouse (Chaetodipus californicus fermoralis) 59. Northwestern San Diego pocket mouse {Chaetodipus fallax fallax) 60. San Diego black-tailed jackrabbit (Lepus californicus bennettii) 61. San Diego desert woodrat {Neotoma lepida intermedia) 62. Southern grasshopper mouse (Onychomys torridus ramona) 63. Townsend's western big-eared bat (Plecotus townsendii townsendii) The Project as described in the ITP includes the permanent modification of approximately 1,252.51 acres (as further described on page 5 of the ITP), portions of which are known to be or are potential habitat for the sixty-three (63) Covered Species. In issuing the ITP, DFG found, among other things, that Permittees' compliance with the Specific Conditions of the ITP would fully mitigate impacts to the Covered Species and would not jeopardize the continued existence of the Covered Species. Furthermore, DFG found that the Project, as implemented by its associated Implementation Agreement and the ITP, met the requirements for a Natural Community Conservation Plan (NCCP) for purposes of the NCCP Act, and specifically California Fish and Game Code Sections 2081 and 2835. The ITP explicitly authorizes the take of 1,190 individuals of thread-leaved brodiaea, or 17 percent of the only population of this Covered Species known within the Project area in 1995. The remaining 83 percent of that population was permanently conserved on site within the Conservation Habitat of the Project. In 2006, a previously unknown population of thread-leaved brodiaea was found on the last parcel (MAG parcel) within the Project area to be developed. At the time of discovery, 151 plants were counted; 997 plants were counted in spring of 2011. In 2009, the City of Cartsbad certified an environmental impact report (EIR) for the project (La Costa Town Square, SCH No. 2003041159) proposed to be developed on this parcel. While DFG believes that the take of the previously unknown thread-leaved brodiaea population on the MAG parcel is consistent with the intent and objectives of the HCP/OMSP, DFG believes that the language of the ITP should be amended to explicitly authorize the take and to articulate the mitigation to which the Permittees have committed. This Minor Amendment No. 1 (Amendment) makes the following changes to the existing ITP. First, this Amendment adds Property Development Centers, the project applicant for the MAG parcel, as a Permittee to the ITP. Minor Amendment No.1 Incidental Take Permit 2081-1995-014-5 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan Second, this Amendment explicitly authorizes the take of an additional 997 plants of thread-leaved brodiaea, resulting in the take of a total of 2,187 of the 7,987 known plants within the HCP/OMSP area. Third, this Amendment specifies the mitigation that Property Development Centers shall provide for the additional take of thread-leaved brodiaea. AMENDMENT The ITP is amended as follows (amended language in bold italics, deleted language in strikethrough): 1. The list of Permittees on page 1 shall be amended to read: The City of Cartsbad and Fieldstone/La Costa Associates and Property Development Centers 2. The section entitled EFFECTS ON SPECIES OF CONCERN on page 6 shall be amended to read: Adverse effects on listed endangered species in the HCP/OMSP area include the loss of approximately 47 27 percent (A^4%Q2,187 individuals) of the thread- leaved brodiaea plants in the project area; unquantified habitat for the Encinitas baccharis and San Diego thornmint; and less than one (1) acre of habitat for the Least Bell's vireo and the southwestern willow flycatcher. The additional thread- leaved brodiaea plants to be fa^en occur on ttie MAG parcel. 3. The sub-section entitled CONSERVATION PROGRAM AND MITIGATION MEASURES on page 6 shall be amended to read: AH "Conservation Program and Mitigation Measures", as detailed in the HCP/OMSP as augmented by tiie measures listed below specific to tfie MAG parcel shall be implemented by the City, and-Fieldstone, and Property Development Centers as specified in the Minor Amendment No. 1 and by the City as specified in the corresponding IA betweenamong the Department, the Service, the City, and Fieldstone. The mitigation measures applicable to the fa/ce of thread-leaved brodiaea on the MAG Parcel follow: Minor Amendment No.1 Incidental Take Pennit 2081-1995-014-5 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan 9 a. identification of a Department-approved mitigation site; b. preparation of a Department-approved translocation approach for all the thread-leaved brodiaea on the MAG parcel; c. preparation of the initial Department-approved management and monitoring 5-year (or longer as determined by the Department) plan; implementation of the initial management and monitoring 5-year plan on the mitigation site until the stipulated success criteria are met; recordation of a conservation easement over the mitigation site, unless it is within a property that is already encumbered by a conservation easement; preparation of a Department-approved long-term management plan (LTMP); g. establishment of a non-wasting endowment (the amount to be approved by the Department) to fund the implementation of the LTMP; h. implementation of the LTMP; and i. measures "a" through "c" above shall be implemented prior to the onset of construction activities, including any disturbance of the thread-leaved brodiaea. d. e. f. All terms and conditions of the ITP that are not expressly amended herein remain in effect and must be implemented and adhered to by the Permittees. Where there is a conflict between the IA and this Minor Amendment, this Minor Amendment shall control. FINDINGS Issuance of this Amendment will not increase the amount of take of the Covered Species compared to the Project as originally approved, nor will this Amendment increase other Project impacts on the Covered Species (i.e., "impacts of taking" as used in Fish and Game Code Section 2081, subd. (b)(2)). Discussion: This Amendment makes three specific changes to the ITP as originally issued. The changes are to (1) add Property Development Centers as a Permittee to the ITP, (2) authorize the take of 997 additional thread-leaved brodiaea plants, and (3) specify the mitigation that Property Development Centers shall provide for the additional take. Though the additional take increases the total take of thread-leaved brodiaea plants within the HCP/OMSP area from 1,190 to 2,187 plants, DFG has determined that the total take of approximately 27 percent of this Covered Species' population within the Minor Amendment No.1 Incidental Take Permit 2081-1995-014-6 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan HCP/OMSP area continues to comply with the requirement under CESA to minimize take. Furthermore, the additional take will not increase the severity of other impacts of the taking on this Covered Species. Given the circumstances of the HCP/OMSP, DFG believes that the changes to the Conditions of the ITP described in this Amendment will not jeopardize the continued existence of the Covered Species. Issuance of this Amendment does not affect DFG's previous determination that issuance of the ITP meets and is othemise consistent with the permitting criteria set forth in Fish and Game Code section 2081, subdivisions (b) and (c). Discussion: DFG determined in June, 1995, that the Project, as approved, met the standards for issuance of an ITP under CESA. This determination included findings that, among other things, the impacts of the taking would be minimized and fully mitigated and that the Project would not jeopardize the continued existence of the Covered Species. Those findings are unchanged with respect to this Amendment because the Project, as authorized by the ITP and Minor Amendment 1, will, as discussed above: (1) minimize the take of the Covered Species, (2) fully mitigate for the additional take of Covered Species, and (3) does not substantively alter the measures that will be undertaken to minimize and mitigate previously authorized impacts on the Covered Species. This Amendment specifies the mitigation measures that the Permittees shall implement to minimize and fully mitigate impacts of the taking on the Covered Species. Permittees' continued adherence to and implementation of the avoidance and minimization measures set forth in the ITP's Conservation Program and Mitigation Measures will minimize and fully mitigate impacts of the taking on the Covered Species. None of the factors that would trigger the need for subsequent or supplemental environmental analysis of the Project under Public Resources Code section 21166 or California Code of Regulations, title 4, sections 15162 and 15163, exist as a result of this Amendment. Discussion: DFG issued the ITP in June, 1995, as a responsible agency under the California Environmental Quality Act (CEQA) (Pub.Resources Code, § 21000 et seq.) after considering two EIRs (SCH Nos. 90010850 and 93091080) certified by the City of Carlsbad as the lead agency for the two projects for which these EIRs were prepared, and determining that the Project is within the scope of the prior EIRs, and no new environmental document nor Public Resources Code 21166 findings are required. Furthermore, the City analyzed the additional take in the La Costa Town Square EIR (SCH No. 2003041159) which it certified in August 2009. DFG finds for purposes of CESA that this Amendment is a minor change to the original ITP. (Cal. Code Regs., tit 14, § 783.6, subd. (c)(4).) DFG finds for the same reasons under CEQA that approval of this Amendment will not result in and does not have the Minor Amendment No.1 Incidental Take Permit 2081-1995-014-5 City of Carisbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan // potential to create any new significant or substantially more severe environmental effects than previously analyzed and disclosed by the City of Carisbad during its lead agency review of the Project, particularly with respect to the impacts authorized by DFG pursuant to the ITP as amended. As a result DFG finds that no additional subsequent or supplemental environmental review is required by CEQA as part of DFG's approval of this Amendment. (Id., § 15162.) Likewise, consistent with DFG's findings at the time it issued the original ITP, DFG finds that the impacts of the taking authorized by the ITP as modified by this Amendment are and will be mitigated to below a level of significance for purposes of CEQA by and through the Conditions of Approval required by the ITP as amended. (Pub. Resources Code, § 21081, subd. (a)(1).) DFG finds that this Amendment is a Minor Amendment, for purposes of California Code of Regulations, title 14, section 783.6, subdivision (c)(4). Discussion: This Amendment adds Property Development Centers as a Permittee to the ITP, modifies the amount of take of thread-leaved brodiaea, a Covered Species, and specifies the mitigation that Property Development Centers shall provide for the additional take of thread-leaved brodiaea. These changes to the ITP as originally approved will not: (1) significantly increase the level of take or other Project impacts on Covered Species previously analyzed and authorized by the ITP, (2) affect Permittees' substantive mitigation obligations under the ITP, (3) require further environmental review under CEQA, or (4) increase temporal impacts on the Covered Species. Therefore, this Amendment will not significantly modify the scope or nature of the permitted Project or activity, or the minimization, mitigation, or monitoring measures in the ITP. DFG finds, as a result, that this modification to the original ITP as previously amended constitutes a Minor Amendment as defined in California Code of Regulations, title 14, section 783.6, subdivision (c)(4). Minor Amendment No.1 Incidental Take Permit 2081-1995-014-5 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan This Amendment, for purposes of the ITP, is not valid until Permittees sign and date the acknowledgement below, and return one of the duplicate originals of this Amendment by registered first class mail to DFG at: Department of Fish and Game South Coast Region Attention: Environmental Program Manager 3883 Ruffm Road San Diego, California 92123 APPROVED BY THE CALIFORNIA DEPARTMENT OF Yo /I \um J. Pert Regional Manager South Coast Region' ACKNOWLEDGMENT The undersigned: (1) warrants that he or she is acting as a duly authorized representative of each Permittee, (2) acknowledges receipt of the original ITP and this Amendment, and (3) agrees on behalf of the Permittees to comply with all terms and conditions of the ITP as amended. City of Carlsbad Date: June 26, 2012. Printed Name: Matt Hall By: Title: ^ayor Property Development Centers By: Printed Name Minor Amendment No.1 Incidental Take Permit 2081-1995-014-5 City of Carlsbad and Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan This Amendment, for purposes of the ITP. is not valid until Permittees sign and date the acknowledgement below, and return one of the duplicate originals of this Amendment by registered first class mail to DFG at: Department of Fish and Game South Coast Region Attention: Environmental Program Manager . 3883 Ruffin Road San Diego, Caiifomia 92123 APPROVED BY THE CALIFORNIA DEPARTMEN on mna J. Pert / Regional Manager South Coast Region^ ACKNOWLEDGMENT The undersigned: (1) wanrants that he or she is acting as a duly authorized representative of each Pemriittee. (2) acknowledges receipt of the original ITP and this Amendment, and (3) agrees on behalf of the Permittees to comply with all temns and conditions of the ITP as amended. City of Carisbad By Printed Prope^ Development Cen^ By: Date: \ Printed Name : x^lAV feg^^ Title: JZ Minor Amendment No.1 (nddenlal Take Pennit 2081-1995-014-5 Clly of Caitsbad and Fteld5loneA.a Costa Associates Habitat Conservation PlanK)ngolng Mutti-Spedes F^an EXHIBIT 3 CITY OF CARLSBAD - AGENDA BILL 11) DEPT.HB?W CITYATTY & AB# JJ^JJ±1_ MTG. DEPT. PLN TITLE: IMPLEMENTATION AGREEMENT FOR FIELDSTONE/RANCHO SANTA FE ROAD HABITAT CONSERVATION PUN CITY MGR; Z o i= o < u z =) o o RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 1^ , authorizing the Mayor to execute the Implementation Agreement for the Fieldstone/Rancho Santa Fe Road Habitat Conservation Plan. ITEM EXPLANATION: The recommended action is the culmination of a series of actions that have taken place over the past four years relating to planning for wildlife conservation in the vicinity of Rancho Santa Fe Road, and specifically property owned by the Fieldstone Company. The recommended action will be the final action that must be taken by the City to secure federal and state endangered species permits for this property. The federal and state permits will be based on the conservation described in the Habitat Conservation Plan (HCP), which is provided as an attachment to the Implementation Agreement. The Implementation Agreement is the vehicle for formal approval of the HCP, and the HCP is incorporated in the agreement by reference. The Table of Contents of the Implementation Agreement and the Executive Summary of the HCP are provided as Exhibit 2. To briefly summarize the provisions of the HCP and Implementation Agreement, approximately 700 acres of habitat would be conserved onsite. This conserved habitat land supports at least 19 California gnatcatcher territories as well as a number of other sensitive species, such as Del Mar manzanita. The conserved areas have been designed to maintain habitat connectivity within Carlsbad and to other important habitat areas southeasterly of Carlsbad. In addition to this onsite conservation, the plan calls for the acquisition and conservation of habitat land offsite, contribution of $150,000 to the City for the Habitat Management Plan, establishment of a management/maintenance program for the conserved land, and $50,000 for independent research on the California gnatcatcher. The City Council reviewed an earlier draft of the Implementation Agreement as part of Agenda Bill #12,746 Oune 21, 1994). Since that time, there have been changes to two provisions that are of importance to the City. These are described in Exhibit 3. Briefly, these provisions deal with ensuring connectivity between Carlsbad and habitat lands to the southeast of Carlsbad, and granting of right of first refusal to the City to purchase portions of Fieldstone's developable land if regional funding for habitat land acquisition becomes available. If the Council concurs with the staff recommendation, after the Mayor signs the Implementation Agreement, it will be submitted to FWS and DFG for their execution and issuance of the Incidental Take Permit. FISCAL IMPACT: There is no fiscal impact associated with the recommended action. 'Page 2 oi Agenda BillW. ) ^ 9 ENVIRONMENTAL IMPACT The proposed project site is generally located in the southeast quadrant of the City, within portions of Local Facilities Management Zones 10 and 11. The direct, indirect, and cumulative environmental impacts from this project have been discussed in the Rancho Santa Fe Road Realignment and Mass Grading Environmental Impact Report (FEIR 91-01), certified on May 19, 1992, and the General Plan Master Environmental Impact Report (MEIR 93-01), dated March 1994. Staff prepared an initial study to analyze the potential environmental impacts of the project and determined that no additional impacts over those addressed in FEIR 91-01 and MEIR 93-01 will occur, and therefore the project is in prior compliance with FEIR 91-01 and MEIR 93-01. EXHIBITS 1. Resolution No. 95" 2. Table of Contents of Implementation Agreement and Executive Summary of HCP. 3. Analysis of Recent Changes to the Implementation Agreement. 4. Implementation Agreement on file with City Clerk. \6 EXHIBIT 4 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. 95-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO SIGN THE IMPLEMENTATION AGREEMENT FOR THE FIELDSTONE/RANCHO SANTA FE ROAD HABITAT CONSERVATION PLAN. WHEREAS, the City Council of the City of Carlsbad did on the 23^^^ day of May 1995, receive a staff report and recommendations regarding the document titled "Implementation Agreement Regarding the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan/Ongoing Multi-Species Plan", hereinafter referred to as "Agreement"; and, WHEREAS, the staff report recommends that the Mayor be authorized to sign the agreement; and WHEREAS, upon execution of the agreement by the United States Fish and Wildlife Service and California Department of Fish and Game, permits will be issued by those agencies to the City and Fieldstone/La Costa Associates to allow future development of the lands so identified in the agreement, including realignment and construction of Rancho Santa Fe Road; and WHEREAS, the City Council concurs with the staff recommendations and finds that it is appropriate and in the public interest to sign the agreement and to receive the permits described above; and WHEREAS, the City Council has reviewed the Planning Director's issuance of a statement of Prior Environmental Compliance, indicating that the action of entering into the agreement is a Subsequent Project that has been addressed by previously certified environmental documents and that the action will not entail any new impacts or additional mitigation measures not already addressed in those previously certified environmental documents. WHEREAS, the City Council makes the following findings with respect to the project and the previously certified environmental documents: 1. The City Council finds that, based on the EIA Part II dated April 11, 1995, this Subsequent Project was described in the FEIR 91-01 and MEIR 93-01 as within their scope; AND that there will be no additional significant effect, not analy.zed therein; AND that no new or additional mitigation measures or alternatives are required; AND that therefore this Subsequent 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 Project is within the scope of the prior EIRs, and no new environmental document nor Public Resources Code 21801 findings are required. 2. The City Council finds that all feasible mitigation measures or project alternatives identified in FEIR 91-01 and MEIR 93-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations and findings are true and correct. 2. That the Mayor is authorized to sign the agreement. 3. That staff is authorized to submit the signed agreement to the United States Fish and Wildlife Service and California Department of Fish and Game for final execution of the agreement (on file with the City Clerk's Office) and issuance of permits. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, Califomia, held on the 23rd day of MM , 1995, by the following vote, to wit: AYES; Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: .ETH4/.^UTEKKRANZ, City Clerk KAREN R. KUNDTZAssistant City Clerk (SEAL)