HomeMy WebLinkAbout1998-03-10; City Council; Resolution 98-63, 0 0
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RESOLUTION NO. 98-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE OCEAN
BLUFF PROJECT.
CASE NAME: OCEAN BLUFF
CASE NO.: CT 93-09
WHEREAS, the United States Fish and Wildlife Service has listed tt
California Gnatcatcher as a threatened species and, therefore, subject to certa
protections afforded by the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule ,
provided under Section 4(d) of the Endangered Species Act for threatened species; al
WHEREAS, the Special Rule provides guidelines for interim take of tl
California gnatcatcher pending completion and approval of larger scale plans pursuz
to the Natural Communities Conservation Planning (NCCP) program of the State
California; and
WHEREAS, among the provisions of the Special Rule is an expeditl
process for approval of interim impacts, which process may be used until the San Die!
County region has taken 5% of the coastal sage scrub existing as of March 25, 19:
and
WHEREAS, the City of Carlsbad's portion of the 5% allowable take t-
been calculated to be 165.7 acres, and all impacts to coastal sage scrub during '
interim period must be subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a prioritization system 2
guidelines for determining which projects should be allowed to deduct from the Cii
5% allocation; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects wh
have been authorized pursuant to the Special Rule to impact coastal sage scrub hab
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in Carlsbad since March 25, 1993, and a statement of the remaining number of acrc
available to the City from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habil
under the expedited process provided by the Special Rule, it is necessary for the Ci
Council to adopt seven specific findings which are outlined in the NCCP Conservatic
Guidelines and restated below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent informatic
relating to the Ocean Bluff project and has determined that it is appropriate to issue i
interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the City Council approves the issuance of the an interim take perr
for the Ocean Bluff project. The City Council further directs that 3.’
acres shall be subtracted from the available balance of coastal sage scr
impacts as shown on Attachment 1 of this resolution, which
incorporated herein by reference.
Findings:
In approving the issuance of this interim take permit, the City Council makes t
following findings with respect to the Ocean Bluff project. The City Council finds tha’
1. The proposed habitat loss is consistent with the NCCP Conservation Guideline
2. The habitat loss will not cumulatively exceed the 5% limitation, either region2
or locally, in that the project will impact 3.98 acres leaving a City of Carlsbad f
habitat allocation balance of 25.61 acres.
3. Connectivity between high value habitat areas will not be precluded in that 1
area of disturbance is not a part of a Preserve Planning Area core area and 1
project will not result in further disturbance within Linkage Planning Area
identified in the City’s draft HMP.
4. The habitat loss will not preclude preparation of the subregional NCCP plan
that the development proposal is consistent with the City’s draft HMP.
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5. The habitat loss has been minimized and mitigated to the maximum exte
practicable. The mitigation shall consist of the purchase for preservation at a 2
ratio 7.96 acres of coastal sage scrub habitat in the Carlsbad Highlanc
mitigation bank .
6. The likelihood of survival and recovery of listed species will not be appreciak
reduced in that the disturbed habitat will be mitigated at a 2:l ratio within a co
area of a Preserve Planning Area identified by the City’s draft HMP .
7. The habitat loss is incidental to otherwise lawful activities in that the approvt
subdivision map including the required offsite improvement of Poinsettia Lane
consistent with all applicable State and local land use regulations.
8. That staff is hereby directed to transmit the City Council’s action as expeditious
as possible to the U. S. Fish and Wildlife Service and California Department
Fish and Game to indicate that the permits have been issued subject to tt
required 30 day review period. In addition, following the conclusion of the 30 di
review period with no objections to the issuance of the interim take permits fro
the U. S. Fish and Wildlife Service and California Department of Fish and Gam
staff is further directed to take appropriate actions to document the final approv
of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad, California, held on the 10th day of March
, 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Ha
NOES: None
ATTEST:
(SEAL)
I -3- 5-
0 e ATTACHMEI
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
211 2/98 1 3:55
Description of Project
165.70 Starting Balance
Acres
1.46 School site. Section 7 oermit issued. 1993
San Dieguito Union High School District for South Carlsbad High
City and Other Public-Agency Projects:
I I I CalTrans for Poinsettia Lane115 Freeway ramps and auxiliary
lanes. Section 7 permit issued, 1995 2.10
ICMWD - lining and covering of Maerkle Reservoir - 4(d) Permit iss I 4.30 I I Poinsettia Park - 4(d) permit issued, 1995 I 0.04 I
ICannon Road Reach 1 - 4(d) permit issued 1995 I 2.40 I
Hidden Valley Road - Section 7 permit issued 1995
0.53 Maerkle Reservoir -- additional impacts 1997
6.32
Private Development Projects:
Aviara Phase II drainaae structure - 1994 0.40 "
Aviara Phase Ill grading - 4(d) permit issued September 1995
1.10 Parkview West - 4(d) Permit issued Mav 1996
8.68
ICarlsbad Ranch - 4(d) issued Mav 1996 I 1.10 I I Rancho Verde - Section 7 Permit issued 1995 I 6.80 I
Mar Vista/Emerald Ridge West and East - 4(d) permit issued
administratively November 1995 0.96
Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
Arroyo La Costa - Section 7 permit issued 1993
42.20
14.60 Cobblestone Sea Villaae
11 .oo
Note: Italics indicates that grading permit has not been issued
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