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HomeMy WebLinkAboutHMP 07-03; ADMANI RESIDENCE; Admin Decision Letter-City l//&7 /OJ. • Fllf rripy of Carlsbad IAF•iiii•il·■·l4•t•iii,14111 April 27, 2007 Scott Spencer 7527 Girard Avenue La Jolla, CA 92037 SUBJECT: HABITAT MANAGEMENT PLAN PERMIT NO. MCUP HMP 07-03- Request to impact 0.55 acres of Coastal Sage Scrub and 0.63 acres of Disturbed Habitat for the develop of a single-family residence at 2922 Managua Place, in the Planned Community Zone and Local Facilities Management Zone 6. Dear Mr. Spencer, The Planning Director has completed a review of your application for a Habitat Management Plan Permit HMP 07-03 for a single-family home at 2992 Managua Place. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for granting a Habitat Management Plan Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The development project complies with the purpose and intent provisions of Section 21.210.010 of the Carlsbad Municipal Code in that: a. It is consistent with the goals and objectives of the Open Space and Conservation Elements of the Carlsbad General Plan, and impacts to sensitive habitat are minimized to the fullest extent possible are fully mitigated consistent with the adopted Carlsbad Habitat Management Plan. b. The project occurs on a previously subdivided vacant lot designated for residential development and complies with all applicable development standards. c. It complies with the HMP through project design and mitigation measures, which are conditions of approval. 2. The proposed development is in compliance with all provisions of the Carlsbad habitat management plan (HMP), the implementing agreement, the multiple habitat conservation plan (MHCP), the natural community conservation plan (NCCP) and 1 0(a)1 (B) permit conditions, the preservation requirements set forth in Section 21.210.040 of this chapter and the management requirements set forth in Section 21.210.050 of this chapter. Through project design and mitigation measures, which are incorporated as conditions of approval, the project is consistent with the HMP. The project complies with all adjacency standards 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ HMP. o1-6f . .,. ADMANI ls10ENc'E April 27, 2007 • Page2 and has avoided and minimized habitat impacts to the maximum extent possible. The project proposes no impacts to. narrow endemic species, the project is conditioned for restrictions on grading .during wildlife breeding season, and fuel modification zones are located outside of the ·adjacent preserve area. Further, an erosion control plan has been cleveloped to identify and stabilize sensitive areas, a landscape plan, to include a temporary irrigation system,· has been required to ensure the prospering of native species and fencing, lighting, and predator and exotic species stipulations have been specified. 3. That the single-family lot is shown in Figure 28 of the approved HMP as being adjacent to, but outside· of an Existing Hardline Conservation Area and the HMP preserve area. 4. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically: all fire suppression zones are located outside of the existing Hardline Preserve Area; all applicable HMP adjacency standards have been incorporated into the project ·or are contained in the conditions of approval for the project; and the· HMP Habitat Mitigation In-Lieu Fee program anticipated impacts to native habitat outside the preserve area and payment of the in-lieu mitigation fee assists in securing conservation within the County Gnatcatcher Core Area. 5. The Planning Director' hereby. finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant • species while continuing to allow compatible development. in accordance with . Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban en,vironment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. • • 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do. not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, of the state CEQA Guidelines, the project site is cha~ac;:terized as in-fill development. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEOA. Guidelines • do not apply to this project. • HMP 07-03-ADMANI-SIDENCE April 27, 2007 Page 3 Conditions: 1. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Specifically, impacts to 0.55 acres of Diegan Coastal Sage Scrub (1:1) and .63 acr~s of Disturbed Habitat (1 :1) will be mitigated by the payment of the HMP habitat in lieu fee. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 2. Approval is granted for HMP 07-03 as shown on Exhibits "A" -"I" dated April 27, 2007 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. Grading shall be prohibited during the coastal California gnatcatcher breeding season (March 1 -August 31 ), unless a survey is conducted to confirm there are no gnatcatchers on or near the site. 4. All fuel modification (brush management) zones required as a result of the project, and as required by the fire marshal, and all landscape adjacency restrictions shall be in accordance to the project specific biological report for this project (Victor Novik, REC Consultants, Inc, dated April 2007), shall be located outside the preserve areas, shall be considered impacted and shall be included in the in-lieu mitigation fee. 5. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 6. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 7. An onsite vinyl coated fence, buried 12 inches, shall be required along the property lines to discourage human and domestic animals from entering the preserve area. All construction and permanent lighting for the HMP 07-03-ADMANi ls1DENCE April 27, 2007 Page4 proposed development shall be kept near the residence and shall be either low pressure sodium or shall be shielded to avoid impacting the preserve. 8. The limits of the sensitive habitat will be flagged or fenced by a qualified biologist prior to grading to prevent inadvertent impacts to habitat. 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 ~ewer 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. Sincerely, ~71-u DON NEU Planning Director DN:EE:aw c: Project Engineer: Chris Scobba File Copy Data Entry