HomeMy WebLinkAbout8.3 added Red-leg FrogCITY CLERK FILE # 530-90
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 3, 2000
SUBJECT:
Comment letter on the Proposed Designation of Critical Habitat for the
Threatened California Red-legged Frog
(Report Prepared by: Anne Kinney, Associate Planner)
ATTACHMENTS: 1.
2.
RECOMMENDATION:~I.
Comment letter on the Proposed Designation of Critical Habitat for
the Threatened California Red-legged Frog
Map of proposed habitat impacting Dublin
Authorize the City Manager to sign and submit the comment letter to
the U.S. Fish and Wildlife Service
FINANCIAL STATEMENT: None
DESCRIPTION:
The U.S. Fish and Wildlife Service (USW&WS) is proposing to designate Critical Habitat for the
Califomia Red-legged Frog. The habitat consists of 268, 400 acres of land in Alameda County and
includes the entire City of Dublin (see Attachment 2).
The Endangered Species Act is triggered if a Federal agency must grant a permit for an action where a
threatened or endangered species may exist. The most probable way privately held lands in Dublin would
be impacted by the Critical Habitat designation would be if a Federal Clean Water Act section 404 permit
were required for their development. Other types of Federal actions that could trigger review under the
Endangered Species Act are Federal participation in a project such as funding and regulation of new road
construction by the Federal Highways Administration and funding of low-interest loans to facilitate the
construction of low-income housing by the Department of Housing and Urban Development.
The U.S. Fish and Wildlife Service requests comment on the proposed designation of critical habitat for
the California Red-legged Frog by October 11, 2000.
Staff has prepared a response to the U.S. Fish and Wildlife Service (see comment letter, Attachment 1 )
and has determined that it is not appropriate to designate all lands within the City of Dublin as critical
habitat for the California Red-legged Frog for the reasons outlined in the letter.
RECOMMENDATION: Staff recommends the City Council review the attached comment letter
Attachment 1 and authorize the City Manager to sign and submit the letter to the U.S. Fish and Wildlife
Service.
COPIES TO: USF&WS File
ITEM NO. g _i~
_ II:s CITY OF DUBLIN
September 27, 2000
City Offices, 1 O0 Civic Plaza, Dublin, California 94568
Mr. Wayne S. White
Field Supervisor
U.S. Fish and Wildlife Service
2800 Cottage Way
Suite W-2605
Sacramento, CA 95825
SUBJECT:
Notice of Proposed Designation of Critical Habitat for the Threatened California Red-
legged Frog
Dear Mr. White:
This letter is in response to the proposal of the U.S. Fish and Wildlife Service (Service) to
designate Critical Habitat for the California Red-legged Frog (RLF).
The Service is proposing to designate 268.,400 acres .of land in Alameda County as Critical Habitat for
the RLF. A portion of this acreage applies to the entire City of Dublin.
It is not appropriate to designate all lands within the City .of Dublin as Critical Habitat for the RLF for
several reasons:
The primary constituent elements required by the RLF are not present everywhere but in certain
locations. These include suitable aquatic habitat, associated uplands and suitable dispersal
habitat connecting suitable aquatic habitat. The Service admits that it did not have the
resoueces to determine the actual location of these primary constituent elements. but is
nonetheless determining that the entire City of Dublin is Critical Habitat for the RLF.
,
The primary constituents of Critical Habitat for the RLF do exist within the City of Dublin but
only in certain areas meeting the criteria described above. The City wishes to preserve these
areas using established environmental protection procedures and good science. The setbacks
proposed by the Service are not based on good science. They are expressed in large round
numbers that seem to change arbitrarily. The Service was demanding 300-foot setbacks from
RLF habitat in the recent past but at the September 25, 2000 hearing was calling for 500-foot
setbacks.
Once the Service determines Critical Habitat for the RLF it will be presumed by the Service
that all Critical Habitat is occupied by the RLF and that any development within 'the Critical
Habitat will therefore impact the RLF. This will allow the Service to make changes and
exactions to developments requiring Federal permits when those developments do not impact
areas with the primary constituent elements of the critical habitat for the RLF. In such cases
there would be no nexus between the impacts of the development on the RLF and the demands
made by the Service. It is not legal to make exactions on a project based on theoretical impacts
to the RLF when there are in fact no impacts to the RLF. The Service is asking jurisdictions
and developers to prove the negative and that is always impossible.
Administration (925)833-6650 - City Council (925)833-6605 · Finance (925)833-6640 · Building Inspection (925)833-6620
Code Enforcement (925) 833-6620 · Engineering (925) 833-6630 · Parks & Community Services (925) 833-6645
Economic Development (925)833-6650 · Police (925)833~6670 · Public Works (925)833-6630
· Fire Prevention Bureau (925)'8 ii~l~lT
- I -
When a Federal permit is required for a project, jurisdictions should be able to meet with the
Service and other relevant agencies on a case by case basis to address any impacts to threatened
and endangered species without the presumption that any development automatically impacts
the primary constituent elements of the Critical Habitat of the RLF.
The economic impacts of the designation on the City exceed $100,000,000. It is estimated that
8,000 residences and 9,000,000 square feet of commercial and industrial uses remain to be
developed within the Eastern Dublin Specific Plan. The value of these projects is far in excess
of $300,000,000: Any projects in this area would be subject to mitigation measures and/or
design constraints that would reduce the economic value of individual projects by at least
$100,000,000.
Critical habitat proposals must be based upon the best scientific and commercial data available, after
taking into consideration the economic impact, and any other relevant impact, of specifying any
particular area as critical habitat. The City of Dublin requests that the determination of Critical Habitat
for the RLF be based on established environmental review procedures and good science on a case by
case basis.
If you have any questions please contact me at (925) 833-6650.
Sincerely,
Richard C. Ambrose
City Manager
DHC
cc: USF&WS File
f:plan/letters/California Red-legged Frog Letter
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Map 7 - Critical Habitat
Units 14 and 15
Highways
County Lines
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ATTACHMEIqT 2