HomeMy WebLinkAbout1995-08-08; City Council; Resolution 95-2180 0
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RESOLUTION NO. 95-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL3 CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB ' PERMIT FOR AVIARA PHASE 111.
WHEREAS, the United States Fish and Wildlife Service has listed the
gnatcatcher as a threatened species and therefore subject to certain protection
by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule a:
under Section 4(d) of the Endangered Species Act for threatened species; an(
WHEREAS, the Special Rule provides guidelines for interim take of the
gnatcatcher pending completion and approval of larger scale plans pursuant to t
Communities Conservation Planning (NCCP) program of the State of Californi
WHEREAS, among the provisions of the Special Rule is an expedited p
approval of interim impacts, which process may be used until the San Dies
region has taken 5% of the coastal sage scrub existing as of March 25, 1993;
WHEREAS, the City of Carlsbad's portion of the 5% allowable take
calculated to be 165.7 acres, and all impacts to coastal sage scrub during t
period must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects w
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 Guid
restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relai
Aviara Phase Ill project and has determined that it is appropriate to issue an in
permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of'
Carlsbad, California as follows:
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1. That the above recitations are true and correct.
2. That the City Council approves the issuance of an interim take permil
Aviara Phase Ill project. The City Council further directs that 8.68 acres :
subtracted from the available balance of coastal sage scrub impacts as sh
Attachment 1 of this resolution, which is incorporated herein by reference.
3. FINDINGS -- In approving ,the issuance of this interim take permit,
Council makes the following findings with respect to Aviara Phase Ill. The City
finds that:
A. The proposed habitat loss is consistent with the NCCP Cons
Guidelines. The project has been reviewed in this respect by the appropriate fec
state agencies as part of the Coastal Commission approval of the project.
6. The habitat loss will not cumulatively exceed the 5% limitatia
regionally or locally.
C. Connectivity between high value habitat areas will not be precluc
proposed project incorporates adequate provisions for habitat connectivity in it
pursuant to the recommendations of competent, professional wildlife biologist5
input of the appropriate state and federal resource agencies.
D. The habitat loss will not preclude preparation of the subregional N(
The project is consistent with both the Carlsbad Habitat Management Plan and
County Multi-Habitat Conservation Plan.
E. The habitat loss has been minimized and mitigated to the maxim
practicable. In the review and approval of this project, all feasible measures VI
to minimize the impacts of the project on wildlife habitat generally, and 1
sensitive or listed species in particular. The mitigation measures require
incorporated into, the project were developed and recommended by c
professional wildlife biologists who also obtained and included the input of the 5
state and federal resource agencies.
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F. The likelihood of survival and recovery of listed species will
appreciably reduced.
G. The habitat loss is incidental to otherwise lawful activities.
4. That the issuance of an interim take permit for Aviara Phase 111
prejudice the City Council’s ability to establish permanent priorities for use of th
5% habitat loss allowance.
5. That staff is hereby directed to transmit the City Council’s a(
expeditiously as possible to the U.S. Fish and Wildlife Service and California Dei
of Fish and Game to indicate that the permits have been issued subject to the
30 day review period. In addition, following the conclusion of the 30 day revie\
with no objections to the issuance of the interim take permits from the U.S. I
Wildlife Service and California Department of Fish and Game, staff is further dil
take appropriate actions to document the final approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour
City of Carlsbad, California, held on the 8th day of AUGUST 1
the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
nt City Clerk
(SEAL)
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CC Reso. No. 95-218 Attachment 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project
1.4t San Dieguito Union High School District for South Carlsbad High
165.7( Starting Balance
Acre:
City and Other Public Agency Projects:
School site. Section 7 permit issued, 1993.
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary lanes.
Section 7 permit in process.
2.1 (
2.4( Cannon Road Reach 1
0.01 Poinsettia Park
4.3( CMWD - lining and covering of Maerkle Reservoir
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Private Development Projects:
Aviara Phase II drainage structure - - 1994
8.6E Aviara Phase Ill grading -- 1995 (PENDING)
0.4C
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Total acres taken
146.32 Remaining acres
1 9.38