HomeMy WebLinkAbout2000-04-25; City Council; Resolution 2000-134- w
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RESOLUTION NO. 2000-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR THE RANCHO
CARLSBAD STORMWATER DETENTION BASIN BJB
PROJECT.
CASE NAME: RANCHO CARLSBAD STORMWATER
CASE NO.: EIR 98-02
WHEREAS, the United States Fish and Wildlife Service has listed the Calif
Gnatcatcher as a threatened species and, therefore, subject to certain protections affordc
the Endangered Species Act; and
DETENTION BASIN BJB PROJECT
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 Cali5
gnatcatcher pending completion and approval of larger scale plans pursuant to the Nz
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 rc
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
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim p
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 I 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 E
28 11 seven specific findings which are outlined in the NCCP Conservation Guidelines and res1
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below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating t
RANCHO CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT and
determined that it is appropriate to issue an interim take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
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 fo
RANCHO CARLSBAD STORMWATER DETENTION BASIN BJB PROJECT. The City Cc
further directs that 0.53 acres shall be subtracted from the available balance of coastal
scrub impacts as shown on “List”, which 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.
Findinqs:
In approving the issuance of this interim take permit, the City Council makes the follo
findings with respect to the RANCHO CARLSBAD STORMWATER DETENTION BASIN
PROJECT. The City Council finds that:
1. The proposed habitat loss is consistent with the NCCP Conservation Guidelines.
project will be located primarily on agricultural land. Impacts to habitat will be mir
(0.53 acres), and the nature of the use is one that does not involve ongoing impacts.
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 project
stormwater detention basin. As such, it is essentially an open space use rather
development. Although there are high value areas adjacent to the basin, the projec
not block movement of animals between these areas. The wildlife corridors design
in the HMP lie to the east of the project, in the Sunny Creek area, and to the west o
project across Robertson Ranch.
4. The habitat loss will not preclude preparation of the subregional NCCP plan.
project’s impacts to coastal sage scrub are small and insignificant in relation to the t
and MHCP.
5. The habitat loss has been minimized and mitigated to the maximum extent practic:
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The mitigation shall consist of preservation of 0.53 acres at the Lake Calavera Mitig
Bank.
6. The likelihood of survival and recovery of listed species will not be appreciably redl
The project will not directly impact gnatcatchers or any other listed species. Wit
mitigation that is being provided, the project will provide a net benefit to listed
sensitive species.
5 7. The habitat loss is incidental to otherwise lawful activities. The project is needl
6 protect Rancho Carlsbad Mobile Home Park from flooding by detaining water upstrc
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc 7
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of the City of Carlsbad, California, held on the 25th day of April 7
by the following vote, to wit:
10 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Ku
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16 ATTEST:
CLAUDE A. LElJAjfmayobf w I -
l7 &&h.* 18 OR AINE M. WOOD, City Clerk
l9 /I (SEAL) 20
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