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HomeMy WebLinkAbout2025-08-06; Planning Commission; Resolution 7547PLANNING COMMISSION RESOLUTION NO. 7547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION DETERMINATION AND AN AMENDMENT, AMEND 2024-0005, TO COASTAL DEVELOPMENT PERMIT CDP 2021-0035 AND HABITAT MANAGEMENT PLAN PERMIT HMP 2021-0005 TO APPROVE A REVISED HABITAT RESTORATION AND REVEGETATION PLAN ASSOCIATED WITH PREVIOUSLY APPROVED EMERGENCY GAS LINE REPAIRS LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT AND ON APN 216-140-43- 00, IN LOCAL FACILITIES MANAGEMENT ZONE 9 AND WITHIN THE MELLO II AND WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENTS OF THE LOCAL COASTAL PROGRAM. CASE NAME: SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE REPAIR CASE NO.: AMEND 2024-0005 (DEV2020-0283) WHEREAS, Southern California Gas Company, "Developer," has filed a verified application with the City of Carlsbad to amend the permits associated with emergency repair to a portion of Mainline 1026, a gas pipeline located in the Ponto area and extending from near the intersection of Carlsbad Boulevard and Avenida Encinas to approximately 1,000 feet north where Ponto Drive turns ninety degrees west; the subject portion of Mainline 1026 bisects Ponto Drive, is in the public right-of-way, and is alongside and partially on property identified by Assessor's Parcel Number 216-140-43 ("the Property"); and WHEREAS, said verified application constitutes a request for an Amendment to Coastal Development Permit CDP 2021-0035 and Habitat Management Plan Permit HMP 2021-0005 to authorize a revised habitat restoration and revegetation plan associated with previously approved emergency gas line repairs, as shown on Exhibit 8 dated October 2024, on file in the Carlsbad Planning Division, and as provided in Chapters 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, the city has received state and federal authorization to issue permits that may impact sensitive species or habitats under Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05 from the California Department of Fish and Wildlife; and WHEREAS, the Planning Commission did, on August 6, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the proposed Amendment to the Coastal Development Permit (CDP2021-0035) and Habitat Management Plan Permit (HMP 2021-0005). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) Compliance with CEQA. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302(c) - Replacement or Reconstruction, as the proposed activity involves a revised restoration and stabilization plan associated with previously approved emergency repairs to existing utility infrastructure. The Planning Commission has reviewed and considered the draft Notice of Exemption (Exhibit 6) prior to approval and finds that no exceptions to the exemption under CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070((} are triggered. C) That based on the evidence presented at the public hearing, the Commission APPROVES AMEND 2024-0005 (DEV2020-0283) -SOUTHERN CALIFORNIA GAS COMPANY MAINLINE PIPE REPAIR, based on the following findings and subject to the following conditions: Findings: The following findings apply to the proposed Amendment, AMEND 2024-0005, to Coastal Development Permit CDP 2021-0035 and Habitat Management Plan Permit HMP 2021-0005: Coastal Development Permit 1. That the proposed amendment is in conformance with the Certified Local Coastal Program and all applicable policies in that revised habitat mitigation measures reflect corrected field mapping, updated restoration requirements, and enhanced monitoring to ensure no net loss of habitat in the Coastal Zone. The amendment does not alter the prior emergency work's location or scope and does not conflict with LCP objectives regarding agriculture, steep slopes, or coastal views. 2. The amendment is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project area does not provide or obstruct public access to the beach or recreation facilities and thus does not negatively impact public access or recreation. Habitat Management Plan Permit 3. That the project area is shown in Figure 28 of the approved HMP as a "development area." 4. That authorization to impact sensitive habitats is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. As amended, project impacts to Diegan Coastal Sage Scrub habitat total 0.053 acre of permanent impact, with on-site mitigation provided at a 2:1 ratio (0.107 acre), ensuring consistency with HMP Policy 7- 8 and no net loss of habitat in the Coastal Zone. 5. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II, and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 6. That all impacts to habitat and all take of species are incidental to otherwise lawful activities related to the previously approved emergency repair of Mainline 1026 and subsequent restoration. 7. That the project design, as amended, has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable in that project impacts to Diegan Coastal Sage Scrub are considered permanent. The revised restoration plan clarifies the mitigation approach and restoration site boundaries and includes long-term monitoring and adaptive management. 8. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. The Diegan Coastal Sage Scrub impacted by the emergency repair project is not within or adjacent to a hardline preserve or standards area and will be fully replaced according to a restoration plan, ensuring no net loss of habitat in the Coastal Zone. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution and hereby finds that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to permit issuance. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Amendment to Coastal Development Permit and Habitat Management Plan Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Habitat Management Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Amendment, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's implementation of the restoration plan permitted hereby. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 5. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements as specified herein. 6. To ensure no net loss of habitat in the Coastal Zone, Developer shall implement or cause to be implemented the revised habitat restoration and stabilization plan dated October 2024. The restoration plan includes creation of 0.107 acre of Diegan Coastal Sage Scrub (CSS) to mitigate for 0.053 acre of permanent impacts to CSS at a 2:1 ratio. In addition, approximately 0.695 acre of disturbed non-native vegetation will be stabilized through seeding and erosion control measures. The plan includes planting specifications, short-and long-term maintenance, a five-year monitoring and reporting schedule, and adaptive management measures consistent with the city's Guidelines for Habitat Creation and Restoration dated July 20, 2009. Monitoring reports shall be submitted to the city annually for five years or until restoration is deemed successful by the city. 7. Initial habitat restoration installation, including planting and weeding, shall be conducted during the 2025/2026 rainy season and completed no later than May 2026, unless otherwise approved by the City Planner. This ensures timely initiation of the five-year monitoring and success criteria required by the October 2024 restoration plan. 8. All other conditions of approval for CDP 2021-0035 and HMP 2021-0005, as adopted under Planning Commission Resolution No. 7445, shall remain in full force and effect, except as modified by this amendment. Engineering General 9. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from the city engineer for the proposed haul route. Agreements 10. This project requires work on land not owned by the developer, identified as Assessor's Parcel Number 216-140-43-00. No work shall occur on this land unless the developer obtains and submits a copy to the city engineer, a temporary construction easement or agreement from the owners of the affected property. If developer is unable to obtain the temporary construction easement, or agreement, the developer must apply for and obtain an amendment of this approval. Storm Water Quality 11. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 12. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 13. Prior to any work in city right-of-way or public easements, developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. The Project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 6, 2025, by the following vote, to wit: AYES: Burrows, Foster, Hubinger, Meenes, and Merz NAYES: ABSENT: Lafferty ABSTAIN: _/ ROY EENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner