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HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5858 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE REESTABLISHMENT OF A SEWER MAINTENANCE ACCESS ROAD, CONSTRUCTION OF A SHORELINE PROTECTION WALL, RELOCATION OF SEWER PIPELINE, REHABILITATION OF MANHOLES, AND FUTURE MAINTENANCE AND OPERATION ACTIVITIES FOR THE LINE AND DEVELOPMENT OF A PORTION OF THE CITYWIDE TRAIL SYSTEM ON PROPERTY GENERALLY LOCATED ALONG THE NORTHERN SHORE OF AGUA HEDIONDA LAGOON GENERALLY BETWEEN HOOVER STREET AND COVE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. NORTH AGUA HEDIONDA-WEST (NAHI-WEST) SEWER CASE NAME: NAHI-WEST CASE NO: HMP 04-02 WHEREAS, City of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by various owners, “Owners,” described as Assessor’s Parcel Numbers: 206-120-36; 206-120-21; 206-120- 28; 206-120-29; 206-120-19; 206-120-18; 206-120-38; 206-120- 37; 206-120-16; 206-171-09; 206-171-03; 206-172-04; 206-172- 03; 206-172-05; 206-172-06; 206-172-07; 206-200-01; 206-200- 02; 206-200-03; 206-200-04; 206-200-05; 206-200-06; 206-200- 07; 206-200-12; 206-200-13; 207-150-087; and 207-150-086 (“the Property”); and WHEREAS, said verified application constitutes a request for a Habitat Management Plan Permit pursuant to Incidental Take Permit No. TE022606-0, on file in the Planning Department NAHI-WEST - HMP 04-02; and WHEREAS, the Planning Commission did on the 6th day of April 2005, consider said request; and WHEREAS, at said 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 Habitat Management Plan Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the hearing, the Commission APPROVES NAHI-WEST - HMP 04-02 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the NAHI-West project has received or the City has applied for all necessary permits, entitlements and approvals fiom the City of Carlsbad, the California Coastal Commission, and all other agencies having jurisdiction. That the NAHI-West project is listed in Appendix B as a project covered by the HMP (Page B-4). That authorization to take species of concern 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. That authorization to take species of concern is subject to continuous compliance with all mitigation measures as stated in the NAHI-West project EIR (EIR 03-02) and the EIR for the City’s Habitat Management Plan (SCH93121073), including but not limited to any requirements for onsite revegetation of coastal sage scrub, seasonal grading restrictions, and management and monitoring in perpetuity by a qualified conservation entity. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, I1 and I11 of the Multiple Habitat Conservation Program and the Final Environmental Impact StatementEnvironmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93 121073). That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the NAHI-West project. That the project design as approved by the City of Carlsbad and the California Coastal Commission has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. PC RES0 NO. 5858 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. That the incidental take of species of concern 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. That mitigation measures and project design features have been incorporated into the environmental documents for this project for impacts to: aesthetics; biological resources; cultural/paleontological resources; geology/soils; and, hydrology/water quality. That the Planning Director is authorized to sign the Take Permit after all other required permits have been issued. Conditions: 1. 2. ... ... ... ... ... ... ... ... ... 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. This approval is granted subject to the approval of SUP 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5857 for those other approvals incorporated herein by reference. PC RES0 NO. 5858 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of April 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman, Montgomery and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: m JEFFRE N. SEGALL, airperson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5858 -4-