HomeMy WebLinkAbout1995-05-16; City Council; Resolution 95-1170 0
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RESOLUTION NO. 95-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS' CALIFORNIA, APPROVING INTERIM COASTAL SAGE SCRUB TAKE PER FOR POINSETTIA PARK, MAERKLE RESERVOIR, AND CANNON R REACH 1.
WHEREAS, the United States Fish and Wildlife Service has listed the
gnatcatcher as a threatened species and therefore subject to certain protections
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provil
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the
gnatcatcher pending completion and approval of larger scale plans pursuant to ti
Communities Conservation Planning (NCCP) program of the State of California
WHEREAS, among the provisions of the Special Rule is an expedited pi
approval of interim impacts, which process may be used until the San Diego Cou
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
to be 165.7 acres, and all impacts to coastal sage scrub during the interim peric
subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects n
impacted coastal sage scrub habitat in Carlsbad since March 25, 1993, and a
of the remaining number of acres available to the City from the 5% allocation;
WHEREAS, in approving interim impacts to coastal sage scrub habitat
expedited process provided by the Special Rule, it is necessary for the City
adopt seven specific findings which are outlined in the NCCP Conservation Guic
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating tc
I Park, Maerkle Reservoir, and Cannon Road Reach 1 and has determinec
necessary and in the public interest to issue an interim take permit for these thrc
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of t
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the issuance of interim take perm
following projects and acres of coastal sage scrub impact - Poinsettia Park, 0
Maerkle Reservoir, 4.3 acres; and Cannon Road Reach 1, 2.4 acres. The Ci
further directs that the acres stated herein shall be subtracted from the availabl
of coastal sage scrub impacts as shown on Attachment 1 of this resolution
incorporated herein by reference.
3. That in approving the issuance of these three interim take permit:
Council makes the following findings with respect to Poinsettia Park, Maerkle
and Cannon Road Reach I. The City Council finds that:
A. The proposed habitat' loss is consistent with the NCCP Co
Guidelines.
B. The habitat loss will not cumulatively exceed the 5% limitation.
C. Connectivity between high value habitat areas will not be preck
proposed projects incorporate adequate provisions for habitat con1
their design utilizing onsite conservation, revegetation, and other
pursuant to the recommendations of competent, professional wildlife
and the input of the appropriate state and federal resource agencier
D. The habitat loss will not preclude preparation.of the subregional I\
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E. The habitat loss has been minimized and mitigated to the maxim
practicable. In the review of these projects for compliance with the
Environmental Quality Act, all feasible measures were taken to mil
impacts of the projects on wildlife habitat generally, and habitat for SI
listed species in particular. The mitigation measures require(
incorporated into, the projects were developed and recommended by c
professional wildlife biologists who also obtained and included the ir
appropriate state and federal resource agencies.
F. The likelihood of survival and recovery of listed species w
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
exception of the interim habitat loss permits addressed herein, the prc
previously received all necessary approvals to proceed with constrl
are a matter of public necessity.
4. That the issuance of interim take permits for Poinsettia Park, Can
Reach 1, and Maerkle Reservoir will not prejudice the City Council’s ability tc
permanent priorities for use of the City’s 5% habitat loss allowance.
5. That staff is hereby directed to transmit the City Council’s action as ex
as possible to the U.S. Fish and Wildlife Service and California Department a
Game to indicate that the permits have been issued subject to the required 30
period. In addition, following the conclusion of the 30 day review period with no
to the issuance of the interim take permits from the U.S. Fish and Wildlife S
California Department of Fish and Game, staff is further directed to take appropri
to document the final approval of the projects.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cou
City of Carlsbad, California, held on the 16 th day of y~y , 19
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
Z, City Clerk
ant City Clerk
(SEAL)
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Attachment 1 to City Council Resolution No. 95-117
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project Acres
Startina Balance 165.70 - . . . . . . . -il ~ ~~ ~~ ~ ~ I City and Other Public Agency Projects:
San Dieguito Union High School District for South Carlsbad High 1 -46
School site. Section 7 permit issued, 1993.
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes. 2.1 0
Section 7 permit in process.
CMWD - lining and covering of Maerkle Reservoir
2.40 Cannon Road Reach 1
0.04 Poinsettia Park
4.30
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Private Development Projects:
Aviara Phase II drainage structure - - 1994 0.40
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Total acres taken
155.00 Remaining acres
1 0.70