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
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DEPT.
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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
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The City Council of the City of Carlsbad, California, does hereby resolve as
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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
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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
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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.
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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:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
L'OI^RAINE M. WOOD, City Clerk
(SEAL) -^B^%
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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
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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.
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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
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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)