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HomeMy WebLinkAbout1997-01-09; City Council; Resolution 97-30 0 EXHIBIT 1 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 I i ~ i ~ RESOLUTION NO. 97-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE COBBLESTONE SEA VILLAGE PROJECT. WHEREAS, the United States Fish and Wildlife Service has listed the California gnatcatcher as a threatened species and, therefore, subject to certain protections afforc by the Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided under Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim take of the California gnatcatcher pending completion and approval of larger scale plans pursuant to the NatL Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited process for approval of interim impacts, which process may be used until the San Diego County rec 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 calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim period must be subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization system and guideline for determining which projects should be allowed to deduct from the City's 5% allocatic and WHEREAS, Attachment 1 to this resolution is a listing of all projects which have been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbad since March 25, 1993, and a statement of the remaining number of acres available to the City from the 5% allocation; and WHEREAS, in approving interim impacts to coastal sage scrub habitat under the expedited process provided by the Special Rule, it is necessary for the City Council to I 0 a 1 2 3 4 5 6 '7 .- 8 9 10 11 12 13 14 15 16 17 la >.' 19 20 21 22 23 24 25 26 27 28 adopt seven specific findings which are outlined in the NCCP Conservation Guidelines restated below in the Findings section of this resolution; and WHEREAS, the City Council has reviewed all pertinent information relating to th Cobblestone Sea Village 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 0' Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the issuance of the an interim take permil the Cobblestone Sea Village project. The City Council further directs that 14.6 acres s be subtracted from the available balance of coastal sage scrub impacts, leaving a balanl of 113.74 acres, as shown on Attachment 1 of this resolution, which is incorporated herein by reference. 3. FINDINGS - In approving the issuance of this interim take permit, the City Council makes the following findings with respect to the Carlsbad Ranch project. The C Council finds that: A. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. B. The habitat loss will not cumulatively exceed the 5% limitation, eithc regionally or locally. C. Connectivity between high value habitat areas will not be precluded. D. The habitat loss will not preclude preparation of the subregional NCC plan. E. The habitat loss has been minimized and mitigated to the maximum extent practicable. The mitigation shall consist of onsite conservation and purchase of credits in phase I of the Carlsbad Highland Mitigation Bank. , I -2- I/ 0 0 1 F. The likelihood of survival and recovery of listed species will not be 2 4. That staff is hereby directed to transmit the City Council's action as 4 G. The habitat loss is incidental to otherwise lawful activities. 3 appreciably reduced. 5 objections to the issuance of the interim take permits from the U. S. Fish and Wildlife 8 review period. In addition, following the conclusion of the 30 day review period with r 7 Fish and Game to indicate that the permits have been issued subject to the required 3C 6 expeditiously as possible to the U. S. Fish and Wildlife Service and California Departmc Service and California Department of Fish and Game, staff is further directed to take 9 10 appropriate actions to document the final approval of the project. t ' 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 01 12 City of Carlsbad, California, held on the 7th day of January , 1997, b 13 14 the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 15 ' 16 NOES: None ABSENT: None 17 18 19 20 21 22 23 -. 24 25 26 27 28 ATTEST: (IJm-AQ- ALETHA L. RAUTENKRANZ, City Clerk 3 G (SEAL) -3 - c L c e e Attachment 1 Itemization of Impacts to Coastal Sage Scrub 5% Allocation Description of Project 165.70 Starting Balance Acres San Dieguito Union .High School District for South Carlsbad High School site. Section 7 permit issued, 1993 1.46 CalTrans for Poinsettia Lane114 Freeway ramps and auxiliary lanes. Section 7 permit issued, 1995 2.10 CMWD - lining and covering of Maerkle Reservoir - 4(d) permit issued 6.32 Hidden Valley Road - Section 7 permit issued 1995 2.40 Cannon Road Reach I- 4(d) permit issued 1995 0.04 Poinsettia Park - 4(d) permit issued, 1995 4.30 City and Other Public Agency Projects: I 7 ~ ~ - ~ ~~~~~ Private Development Projects: Aviara Phase I1 drainage structure - 1994 8.68 Aviara Phase Ill grading - 4(d) permit issued September 1995 0.40 Mar VistafEmerald Ridge West and East - 4(d) permit issued 6.80 Rancho Verde - Section 7 permit issued 1995 1.10 Carlsbad Ranch - 4(d) issued May 1996 1.70 La Costa Plaza - PENDING 1.10 Parkview West - 4(d) permit issued May 1996 I iadministratively November 1995 49.90 !Carrill0 Ranch Phase 1 Grading - Section 7 permit issued 1995 0.96 74.60 Cobblestone Sea Village - Pending 11 .oo Arroyo La Costa - Section 7 permit issued 1993 I I I 1 I I I 1 I I 1 I I I I 1 1 Total acres authorized to be taken Remaining acres 11 2.86 Note: Italics indicates that grading permit has not been issued 52.84 -