HomeMy WebLinkAbout2001-07-10; City Council; Resolution 2001-2051
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RESOLUTION NO. 2001-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INTERIM COASTAL
SAGE SCRUB TAKE PERMIT FOR CANNON ROAD WEST
REACH 2, PROJECT NO. 3184, AND SUBTRACTING 1.13 ACRES
FROM THE CITY’S 5% ALLOCATION.
WHEREAS, the United States Fish and Wildlife Service has listed the California
gnatcatcher as a threatened species and, therefore, subject to certain protections afforded by the
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as provided under
Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the California
gnatcatcher pending completion and approval of larger scale plans pursuant to the Natural
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited process for
approval of interim impacts, which process may be used until the San Diego County region 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 been calculated to
be 165.7 acres, and all impacts to coastal sage scrub during the interim period must be
subtracted from this amount; and
WHEREAS, the City of Carlsbad has adopted a priontization system and guidelines for
determining which projects should be allowed to deduct from the City’s 5% allocation; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which have been
authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbad since
March 25, 1993, and a statement of the remaining number of acres available to the City from the
5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat under the
expedited process provided by the Special Rule, it is necessary for the City Council to adopt
seven specific findings which are outlined in the NCCP Conservation Guidelines and restated
below in the Findings section of this resolution; and
ill
1 WHEREAS, the City Council has reviewed all pertinent information relating to the Cannon
2 Road Reach 2 project and has determined that it is appropriate to issue an interim take permit for
3 the project.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
5 Carlsbad, California as follows:
1. That the above recitations are true and correct. 6
2. 7 That the City Council approves the issuance of an interim take permit for the
8 Cannon Road West Reach 2 project. The City Council further directs that 1 .I3 acres shall be
9 subtracted from the available balance of coastal sage scrub impacts as shown on Attachment 1 of
10 this resolution, which is incorporated herein by reference.
Findinas: 11
12 In approving the issuance of this interim take permit; the City Council makes the following
13 findings with respect to the Cannon Road West Reach 2 project. The City Council finds that:
1. 14 The proposed habitat loss is consistent with the NCCP Conservation Guidelines.
15 2. The habitat loss will not cumulatively exceed the 5% limitation, either regionally or
, 6 locally.
17 3. Connectivity between high value habitat areas will not be precluded.
18 4. The habitat loss will not preclude preparation of the subregional NCCP plan.
19 5. The habitat loss has been minimized and mitigated to the maximum extent
2. practicable. The mitigation shall consist of habitat creation near to the area of impact.
21 6. The likelihood of survival and recovery of listed species will not be appreciably
22 reduced.
23 7. The habitat loss is incidental to otherwise lawful activities.
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8. That staff is hereby directed to transmit the City Council’s action as expeditiously
as possible to the U. S. Fish and Wildlife Service and California Department of Fish and Game to
indicate that the permits have been issued subject to the required 30-day review period. In
addition, following the conclusion of the 30-day review period with no objections to the issuance of
the interim take permits from the U. S. Fish and Wildlife Service and California Department of Fish
and Game, staff is further directed to take appropriate actions to document the final approval of
the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 10th day of JULY ,200l by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ATTEST:
(SEAL)
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Attachment 1
ltemization of Impacts to Coastal Sage Scrub 5% Allocation
6/25/2001 13:39
Remaining acres
Note: Italics indicates that grading permit has not been issued
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