HomeMy WebLinkAbout2000-04-25; City Council; Resolution 2000-132w W
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RESOLUTION NO. 2000-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE El CAMINO
REAL WIDENING PROJECT.
CASE NAME: EL CAMINO REAL WIDENING
CASE NO.: EIR 98-01
WHEREAS, the United States Fish and Wildlife Service has listed the Califc
Gnatcatcher as a threatened species and, therefore, subject to certain protections afforde
the Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as pro\
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Califc
gnatcatcher pending completion and approval of larger scale plans pursuant to the Na
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited pro
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 PC
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
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 unde
expedited process provided by the Special Rule, it is necessary for the City Council to a
seven specific findings which are outlined in the NCCP Conservation Guidelines and rest
below in the Findings section of this resolution; and d
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1 WHEREAS, the City Council has reviewed all pertinent information relating t
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interim take permit for the project. 3
EL CAMINO REAL WIDENING project and has determined that it is appropriate to issc
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thc
of Carlsbad, California as follows:
6 ll A. That the above recitations are true and correct.
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B. That the City Council approves the issuance of the an interim take permit for th
CAMINO REAL WIDENING project. The City Council further directs that 0.9 acres shs
subtracted from the available balance of coastal sage scrub impacts as shown on “List”, v
is incorporated herein by reference.
C. That staff is hereby directed to transmit the City Council’s action as expeditious
possible to the U. S. Fish and Wildlife Service and California Department of Fish and Gan
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.
Findinas:
In approving the issuance of this interim take permit, the City Council makes the follo
findings with respect to the EL CAMINO REAL WIDENING project. The City Council finds ti
16 1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines.
17 impact is small (less than 1 acre), surrounded by existing and approved developn
California gnatcatcher or any other sensitive species, and is not suitable for long-
spatially isolated from other patches of coastal sage scrub, does not support
18 conservation.
19 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 20 proceeding concurrently, the City will have 0 acres remaining of its 5% allocation.
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3. Connectivity between high value habitat areas will not be precluded. The project
along existing El Camino Real between Cougar Drive and Sunny Creek Road is
contiguous with any high value habitat areas.
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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:
The mitigation shall consist of acquisition of 1.8 acres at Holly Springs which is ne
and has high habitat and conservation value.
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6. The likelihood of survival and recovery of listed species will not be appreciably redl
The small patch of habitat that is being impacted is not occupied or utilized b
gnatcatcher or any other listed species.
7. The habitat loss is incidental to otherwise lawful activities. The project is widening
Camino Real to Primer Arterial standards as required by the General Plan.
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 9'
by the following vote, to wit:
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AYES: Council Members Lewis, Hall, Finnila, Nygaard and K~
(SEAL)
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