HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58581
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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.
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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.
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5.
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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-
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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.
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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-
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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-