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HomeMy WebLinkAbout1998-07-07; City Council; Resolution 98-219II 0 0 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 RESOLUTION NO. 98-219 A RESOLUTION OF THE CITY COUNC1L.OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR CONSTRUCTION OF AVIARA PARKWAY GENERALLY LOCATED BETWEEN COBBLESTONE ROAD AND PLUM TREE LANE CASE NAME: AVIARA PARKWAY CASE NO.: CT 97-1 4 WHEREAS, the United States Fish and Wildlife Service has listed the Califorl gnatcatcher as a threatened species and therefore subject to certain protections afforded by t Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule as provid under Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim take of the Califorl gnatcatcher pending completion and approval of larger scale plans pursuant to the Natu Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited procc for approval of interim impacts, which process may be used until the San Diego County reg 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 be calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim per must be subtracted from this amount; and WHEREAS, Attachment 1 to this resolution is a listing of all projects which hz been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlst since March 25, 1993, and a statement of the remaining number sf acres available to the C from the 5% allocation; and WHEREAS, in approving interim impacts to coastal sage scrub habitat under expedited process provided by the Special Rule, it is necessary for the City Council to ad seven specific findings which are outlined in the NCCP Conservation Guidelines and resta 1 L 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 0 0 below in the Findings section of this resolution; and WHEREAS, the City Council has reviewed all pertinent information relating to t construction of Aviara Parkway and has determined that it is appropriate to issue the inter take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C of Carlsbad, California as follows: 1. That the above recitations are true and correct, 2. That the City Council approves the issuance of an interim take permit to Ayr Land Company for construction of Aviara Parkway between Cobblestone Road and Plum Tr Lane. The City Council further directs that 3.4 acres shall be subtracted from the availal balance of coastal sage scrub impacts as shown on Attachment 1 of this resolution, which incorporated herein by reference. FINDINGS: 1. In approving the issuance of the interim take permit, the City Council makes I following findings with respect to the Aviara Parkway project. The City Council finds that: A. The proposed habitat loss is consistent with the NCCP Conservat Guidelines because the impact is small, isolated, and degraded habitat. B. The habitat loss will not cumulatively exceed the 5% limitation, eitl regionally or locally, in that 16.05 acres will remain available following approval of the take Aviara Parkway. C. Connectivity between high value habitat areas will not be precluded becal the project consists of construction of a road which passes through an approved tentative mi CT 97-14, which will be constructed in the near future. The 3.4 acre patch of habitat which \ be impacted is surrounded by former agricultural fields. Nearby high value habitat are include conserved open space in the Cobblestone project and in the Aviara proje Construction of the road will not preclude connectivity between these high value areas. D. The habitat loss will not preclude preparation of the subregional NCCP p because Aviara Parkway lies outside of designated Focused Planning Areas and linkage arc in the Carlsbad Habitat Management Plan. E. The habitat loss has been minimized and mitigated to the maximum exti practicable. Mitigation shall consist of purchase of 6.8 credits from the Manchester Mitigat Bank in the City of Encinitas. appreciably reduced because the gnatcatcher is not present on the site, and the patch habitat being impacted by the project has minimal value for the species. G. The habitat loss is incidental to otherwise lawful activities, nam construction of Aviara Parkway between Cobblestone Road and Plum Tree Lane, consist with the City of Carlsbad Circulation Element of the General Plan. 2. That staff is hereby directed to transmit the City Council’s action as expeditiol as possible to the U.S. Fish and Wildlife Service and California Department of Fish and Ga to indicate that the permits have been issued subject to the required 30 day review period. addition, following the conclusion of the 30 day review period with no objections to the issuar of the interim take permits from the U.S. Fish and Wildlife Service and California Departmen F. The likelihood of survival and recovery of listed species will not -2- A B 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 0 0 Fish and Game, staff is further directed to take appropriate actions to document the fir approval of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun of the City of Carlsbad, California, held on the 7th day of July I 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: (SEAL) -3 - .3 0 e ATTACHMENT 1 Itemization of Impacts to Coastal Sage Scrub 5% Allocation Description of Project San Dieguito Union High School District for South Carlsbad High 165.70 Starting Balance Acres 6/23/98 10:24 City and Other Public Agency Projects: School site. Section 7 permit issued, 1993 CalTrans for Poinsettia Lane115 Freeway ramps and auxiliary 1.46 2.1 0 lanes. Section 7 Permit issued. 1995 I I CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss Poinsettia Park - 4(d) permit issued, 1995 4.30 0.04 Cannon Road Reach 1 - 4(d) permit issued 1995 Hidden Valley Road - Section 7 permit issued 1995 2.40 Cannon Road Reach 2 - 4(d) permit issued 2/97 0.53 Maerkle Reservoir -- additional impacts 1997 6.32 0.10 La Costa Avenue Widening -- Section 7 1998 1.98 Aviara Phase II drainage structure impacts - 1994 0.40 Aviara Phase Ill grading - 4(d) permit issued 9/95 8.68 Private Development Projects: Parkview West - 4(d) permit issued May 1996 Carlsbad Ranch - 4(d) permitissued May I996 1.10 Mar Vista/Emerald Ridge West and East - approved administratively 11/95 6.80 Rancho Verde - Section 7 permit issued 1995 1.10 42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995 0.96 ,Arrovo La Costa - Section 7 Dermit issued 1993 -Ill .OQ ~ Cobblestone Sea Village- 4(d) permit issued 1/97 Holly Springs agricultural impacts 1997 14.60 Cobblestone Sea Village additional impact approved administrativ 0.27 Carlsbad Ranch - Hidden Valley Road approved administratively 1 0.50 28.00 Carrillo Ranch Phase II Gradina - authorized 11/97 0.1 0 IMeadowlands - 4(d) permit issued 3/98 I 1.30 I I , I. I IPacific View Estates - 4(d) Dermit issued 3/98 I 1.95 I I \ I, I I Ocean Bluff- 4(d) Pending 1998 I 3.98 I La Costa Village -- 4(d) Pending 4/98 1.70 Green Valley El Camino Real Widening -- 4(d) Pending 6/98 3.40 Ayres Land Co. -- Aviara Parkway -- Pending 4(d) 6/98 7 I 1 1 Total acres authorized to be taken Note: Ifalics indicates thaf grading permif has nof been issued 16.05 Remaining acres 149.65