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HomeMy WebLinkAboutHMP 2019-0002; SNYDER RESIDENCE; Admin Decision LetterMarch 10, 2020 Jacor Construction Mike Snyder 10612 Prospect Ave #101 Santee CA 92071-8500 )rt u,,./4L / ;s/; p /J. 0 8 FI LE CO PY/)<-#-C Cicyof Carlsbad SUBJECT: HMP 2019-0002 (DEV2018-0032) -SNYDER RESIDENCE Dear Mr. Snyder, The City Planner has completed a review of your application for a Minor Habitat Management Permit (HMP 2019-0002) and minor HMP amendment located at 1781 Skimmer Court (APN 215-050-57-00) to allow for the conversion of a HMP Standards Area to Hardline Preserve Area associated with the development of a 3,380-square-foot two-story single-family home with a 672-square-foot attached 3-car garage and an existing 600-square-foot detached garage on the 1.1-acre project site. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on October 4, 2019). Subsequent to the notice period, an equivalency determination for the minor HMP amendment was processed through the US Fish and Wildlife Service and the California Department of Fish and Wildlife (collectively, the Wildlife Agencies). It is the City Planner's determination that the project is consistent with the City's Habitat Management Plan and Sections 21.210.070 and 21.210.080 of the City of Carlsbad Municipal Code and therefore approves this request based on the following: Findings: 1. That the Snyder Residence project site is shown in Figure 28 of the approved HMP as a "Standards Area." 2. That the conversion of Standards Area to Hardline Preserve Area on site, and preservation of approximately 0.23 acres of coastal sage scrub on site, and a biologically superior 0.21 acres of coastal sage scrub habitat at The Crossings Golf Course for inclusion in the HMP hardline preserve in exchange for 0.16 acres of non-native grassland on site was processed through the Wildlife Agencies by a finding of consistency and equivalency findings, and 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. · 3. The proposed project that includes conversion of 0.23 acres of Standards Area to Hardline Preserve Area on site and preservation and inclusion in Hard line Preserve Area of 0.21 acres of coastal sage Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov HMP 2019-0002 (DEV2018-0032)-SNYDER RESIDENCE March 10, 2020 Pa e 2 scrub at The Crossings Golf Course under long-term management is consistent with all HMP requirements in that: a. The impacts to ha.bitat have been minimized to the maximum extent practicable in that the single- family home is proposed on a portion of the least environmentally sensitive portion of the site. The single-family home is replacing a single-family home that was destroyed in the 2014 Poinsettia Fire; however, the detached two-car garage remains intact and will not be demolished. All impacts will occur within the developed/disturbed area; therefore, no mitigation is required. No oak woodland occurs onsite and the two existing coast live oak trees that are within the previously landscaped area will not be impacted. The project will conserve 100 percent of the coastal sage scrub/chaparral on the property, and preserve 0.21 acres of coastal sage scrub at The Crossings Golf Course in exchange for 0.16 acres of non-native grassland on site. A 20-foot upland buffer is included between the development and conserved coastal sage/chaparral. No take of species of concern is proposed or anticipated. b. The project has mitigated its impacts to the maximum extent practicable in that all impacts are restricted to disturbed/developed area; there will be no removal of the coastal sage scrub/chaparral habitat. No wetland occurs on site. Invasive non-native species will not be used in the site landscaping. Appropriate erosion control BMPs will be in place during construction to protect the HMP hardline preserve from erosion. A 60-foot fuel modification zone will be incorporated into the development plan and will not impact the HMP hardline preserve. Fencing will be replaced in prior location between the home and HMP hardline preserve. c. The project does not reduce the ability to meet the specific habitat conservation obligations of the HMP, IA, MHCP, and NCCP and lO(a)l(B) permits in that the project meets all requirements of the above permits; and about 0.44 acres of habitat will be added to the HMP hardline preserve, which will benefit habitat connectivity and wildlife movement east-west across local Facilities Management Zone 21. 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, the single- family home is proposed on a portion of the least environmentally sensitive portion of the site. The single;family home is replacing a single-family home that was destroyed in the 2014 Poinsettia Fire; however, the detached two-car garage remains intact and will not be demolished. All impacts will occur within the developed/disturbed area; therefore, no mitigation is required. The project will conserve 100 percent of the coastal sage scrub on the property (0.23 acres). No wetland occurs onsite. A 20-foot upland buffer is included between the developed area and conserved sage/chaparral. A 60-foot fuel modification zone will be incorporated into the development plan and will not impact the HMP hardline preserve. Appropriate erosion control Best Management Practices (BMPs) will be in place during construction to protect the HMP hardline preserve from erosion. Invasive non-native species will not be used in the site landscaping. ' HMP 2019-0002 (DEV2018-0032) -SNYDER RESIDENCE March 10, 2020 Pa e 3 5. The proposed project meets equivalency findings for a minor HMP amendment (as outlined in section E.3.A. of the HMP and section 20.1 of the HMP Implementing Agreement), in that it would not: a. Reduce the acreage or quality of the habitat in the HMP because the HMP hardline preserve resulting from the project will have a net beneficial effect by exchanging 0.16 acres of weedy, non-native grassland on site that is not habitat for any covered species for 0.21 acres of high quality coastal sage scrub at The Crossings Golf Course that currently provides nesting and foraging habitat for the coastal California gnatcatcher and will be provided long-term management. b. Result in operations under the HMP that are significantly different from those analyzed in connection with the original HMP because the acreage being added to the hardline preserve is within Core #4 of the HMP and adjacent to a block of already conserved land that supports the coastal California gnatcatcher. The acreage will enhance Core #4 with habitat near Agua Hedionda Lagoon. c. Produce any adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HMP because the project will have a net beneficial effect as described in finding 5.a above. d. Not result in additional take not analyzed in connection with the original HMP because there is no take of sensitive species and the project will have a net beneficial effect as described in finding S.a. above. 6. That the conversion of Standards Area to Hardline Preserve Area on site, preservation of approximately 0.23 acres of coastal sage scrub on site, and preservation of a biologically superior 0.21 acres of coastal sage scrub habitat at The Crossings Golf Course for inclusion in the HMP hardline preserve in exchange for 0.16 acres of non-native grassland on site 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. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for HMP 2019-0002-SNYDER RESIDENCE, as shown on Exhibit(s) "A" -"H", dated March 10, 2020, incorporated by reference and on file in the Planning Division. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the City Planner, shall require an amendment to this Habitat Management Plan Permit. 2. 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 HMP 2019-0002 (DEV2018-0032) -SNYDER RESIDENCE March 10, 2020 Pa e4 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 Habitat Management Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. 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 Habitat Management Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. 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 of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9. Prior to approval of the final inspection, fencing will be replaced in the prior location between the home and HMP hardline preserve. HMP 2019-0002 (DEV2018-0032)-SNYDER RESIDENCE March 10, 2020 Pa e 5 10. Developer shall record a Restrictive Covenant to preserve approximately 0.23 acres of habitat on site and prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping within the Hardline Preserve Area, as shown on the diagram depicting the Proposed HMP Preserve and 20-foot Upland Buffer and Fuel Modification Zones. CITY OF CARLSBAD -r-e_• ~- TERI DELCAMP Principal Planner TD:mh c: Don Neu, City Planner Tim Carroll, Project Engineer HPRM/File Copy Data Entry . -----------------------