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HomeMy WebLinkAbout2000-04-25; City Council; Resolution 2000-131W 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. 2000-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT FOR THE POINSETTIA LANE BRIDGE WIDENING PROJECT. CASE NAME: POINSETTIA LANE BRIDGE WIDENING CASE NO.: CDP 99-30 WHEREAS, the United States Fish and Wildlife Service has listed the Cali! Gnatcatcher as a threatened species and, therefore, subject to certain protections afford6 the Endangered Species Act; and WHEREAS, the Secretary of the Interior has adopted a Special Rule as proi under Section 4(d) of the Endangered Species Act for threatened species; and WHEREAS, the Special Rule provides guidelines for interim take of the Calif1 gnatcatcher pending completion and approval of larger scale plans pursuant to the NE Communities Conservation Planning (NCCP) program of the State of California; and WHEREAS, among the provisions of the Special Rule is an expedited prc for approval of interim impacts, which process may be used until the San Diego County re 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 t calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim pf must be subtracted from this amount; and WHEREAS, the City of Carlsbad has adopted a prioritization system guidelines for determining which projects should be allowed to deduct from the City’s allocation; and I WHEREAS, a listing (“List”) of all projects which have been authorized purs, to the Special Rule to impact coastal sage scrub habitat in Carlsbad since March 25, 1993, a statement of the remaining number of acres available to the City from the 5% allocation been maintained on file in the Planning Department; 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 ac seven specific findings which are outlined in the NCCP Conservation Guidelines and rest; below in the Findings section of this resolution; and J - II w e 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 WHEREAS, the City Council has reviewed all pertinent information relating POINSETTIA LANE BRIDGE WIDENING project and has determined that it is appropri; issue an interim take permit for the project. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thl 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 permit fc POINSETTIA LANE BRIDGE WIDENING project. The City Council further directs that acres shall be subtracted from the available balance of coastal sage scrub impacts as s on “List”, which is incorporated herein by reference. C. That staff is hereby directed to transmit the City Council’s action as expeditiou: possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gar indicate that the permits have been issued subject to the required 30 day review perioc addition, following the conclusion of the 30 day review period with no objections to the issu of the interim take permits from the U. S. Fish and Wildlife Service and California Departme Fish and Game, staff is further directed to take appropriate actions to document the approval of the project. Findinqs: In approving the issuance of this interim take permit, the City Council makes the folk findings with respect to the POINSETTIA LANE BRIDGE WIDENING project. The City Cc finds that: 1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines. impact is small (0.34 acres), surrounded by existing and approved developr, spatially isolated from other patches of coastal sage scrub, does not supporf California gnatcatcher or any other sensitive species, and is not suitable for long- conservation. 2. The habitat loss will not cumulatively exceed the 5% limitation, either regionall locally. After deducting the impacts due to this project and other projects that proceeding concurrently, the City will have 0 acres remaining of its 5% allocation. 3. Connectivity between high value habitat areas will not be precluded. The projecl along Poinsettia Lane between Carlsbad Boulevard and Avenida Encinas is contiguous with any high value habitat areas. In addition, the patch of coastal I scrub being impacted is located on a manufactured slope for a bridge abutment that constructed in 1985. 4. The habitat loss will not preclude preparation of the subregional NCCP plan. For reasons stated above, the area of impact has no significance for preparation of Carlsbad Habitat Management Plan or the North County Multiple Habitat Conserv: Plan. 5. The habitat loss has been minimized and mitigated to the maximum extent practic: -2- f! I w * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 I The mitigation shall consist of permanent preservation of 0.34 acres at the City’s Calavera Mitigation Bank. 6. The likelihood of survival and recovery of listed species will not be appreciably red There are no listed or sensitive species inhabiting or utilizing the area. 7. The habitat loss is incidental to otherwise lawful activities. The impact is necessal the widening of the Poinsettia Lane Bridge to major arterial standards as called for i City’s Circulation Element and in the certified Local Coastal Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc of the City of Carlsbad, California, held on the 25th day of April by the following vote, to wit: , 14 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Ku NOES: None (SEAL) n -d- l