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HomeMy WebLinkAbout1998-11-17; City Council; Resolution 98-3850 0 1 2 3 4 5 RESOLUTION NO. 98-385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RESERVATION OF 5.11 ACRES FROM THE CITY'S ALLOWABLE TAKE OF COASTAL SAGE SCRUB FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the United States Fish and Wildlife Service has listed the coastal Ci 6 gnatcatcher as a threatened species and, therefore, subject to certain protections affordec Endangered Species Act; and 7 8 WHEREAS, the Secretary of the Interior has adopted a Special Rule as provide( 9 Section 4(d) of the Endangered Species Act for threatened species; and 10 WHEREAS, the Special Rule provides guidelines for interim take of the coastal Cz 11 Communities Conservation Planning (NCCP) program of the State of California; and 12 gnatcatcher pending completion and approval of larger scale plans pursuant to the WHEREAS, among provisions of the Special Rule is an expedited process for appl interim impacts, which process may be used until the San Diego County region has taker 13 14 I I coastal sage scrub existing as of March 25, 1993; and 15 WHEREAS, the City of Carlsbad's portion of the 5% allowable take has been calcu be 165.7 acres, and all impacts to coastal sage scrub during the interim period rr subtracted from this amount; and 16 17 18 WHEREAS, the City of Carlsbad has adopted a prioritization system and guideli 19 determining which projects should be allowed to deduct from City's 5% allocations; and 20 WHEREAS, Melrose Avenue impacts 1.5 acres of coastal sage scrub and is consic 21 second priority project by impact; and 22 WHEREAS, the remaining Capital Improvement Projects each impact less than ( 23 acre of coastal sage scrub and is considered a first priority project by impact; and WHEREAS, All projects are City Capital Projects required to meet a Growth Mana! 24 Standard and are first priority projects by project type; and 25 WHEREAS, the City's 5% allocation is nearing depletion, thus the project 26 I I considered; and 27 WHEREAS, the prioritization guidelines allow commitment of acreage from t 28 allocation prior to the project receiving all discretionary action; and L II 0 0 1 WHEREAS, Attachment 1 to this resolution is a listing of all projects which havl 2 3 authorized by the City Council pursuant to the Special Rule to impact coastal sage scrub in Carlsbad since March 25, 1993, including a statement of the remaining number o available to the City from the 5% allocation; and 4 WHEREAS, when approving interim impacts to coastal sage scrub habitat unc expedited process provided by the Special Rule, it is necessary for the City Council tc seven specific findings which are outlined in the NCCP Conservation Guidelines; and 5 6 7 8 final design of the project can be initiated; and WHEREAS, CEQA guidelines require environmental review to be completed bef 9 WHEREAS, these projects, through the final design process may impact more 10 coastal sage than is evident at the level of detail of the preliminary plans; and 11 WHEREAS, this request is for a reservation of the 4.62 acres of the coastal si 12 allocation until actual impacts can be determined in the final design of the project; and 13 WHEREAS, when the actual impacts are known, City Council will be requested tc the seven specific findings and approve the deduction of the actual acreage from i 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 allocation and make available the unused portion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C: California, as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 0 0 1 2. That the City Council approves the reservation of 4.62 acres from t 2 allocation for the following Capital Improvement Projects: 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 CAPITAL IMPROVEMENT PROJECT ACREAGE Rancho Carlsbad Basins Melrose Avenue (includes Water District improvements) 0.4 Water District Proiects 1.5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 17th day of November , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ATTEST: n - OP A 2 4" ALETHA L. RAUTENKRANZ, City Clerk (SEAL) RESOLUTION NO. I 0 ATTACHMENT 1 0 itemization of Impacts to Coastal Sage Scrub 5% Allocation 1 1/9/98 17:09 I I I Private Development Projects: Aviara Phase II drainage structure impacts - 1994 Carlsbad Ranch - 4(d) permitissued May 1996 1 .IO Parkview West - 4(d) permit issued May 1996 8.68 Aviara Phase Ill grading - 4(d) permit issued 9/95 0.40 6.80 Rancho Verde - Section 7 oermit issued 1995 1.10 I I I 1 Mar Vista/Emerald Ridqe West and East - approved administrativelv 1 1/95 1 ' 0.96 I I - .. I 1Carrillo Ranch Phase I Gradina - Section 7 Dermit issued 1995 I 42.20 I I - I I IArrovo La Costa - Section 7 oermit issued 1993 I 11 .oo I 1 .. 1 I Cobblestone Sea Villaae- 4(d) Dermit issued 1/97 I 14.60 I Holly Springs agricultural impacts 1997 0.1 0 Cobblestone Sea Villaae additional imDact approved administrativelv 10/97 0.27 Carlsbad Ranch - Hidden Valley Road approved administratively 1997 0.50 - .. Carrillo Ranch Phase II Grading - authorized 11/97 ' 1.30 Meadowlands - 4(d) permit issued 3/98 28.00 3.40 Avres Land Co. -- Aviara Parkwav -- Pending 4(d) 6/98 2.38 Green Valley El Carnino Real Widening -- 4(d) Approved 6/98 7.70 La Costa Village -- 4(d) Issued 4/98 3.98 Ocean Bluff - 4(d) Issued 3/98 1.95 Pacific View Estates - 4(d) permit issued 3/98 - I Newton Business Center -- 4(d) approved administratively 6/98 6.00 Bill # 14.8201 RESERVED FOR FARADA Y AVENUE AND EL CAMINO REAL (See Agenda 0.35 Poinsettia Lane Extension -- Amin. 4(d) Pending 7/98 0.35 Lincoln North Pointe/ViaSat -- Approved administratively 7/98 2.66 Kelly Ranch Area E-- Shea Homes -- 4(d) Pending 7/98 0.78 Skateboard Park -- Approved administratively 8/98 0.30 Aaua Hedionda Visitors Center -- 4fdl Pendinu 70/98 I 0.99 ~~ ~ ~ ~~~ I Reserved for various caDital Droiects I I I 4.62 1 Total acres authorized to be taken I 165.70 Remaining acres I 0.00 I - I Note: italics indicates that grading permit has nor been issued