HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66271 PLANNING COMMISSION RESOLUTION NO. 6627
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE
4 INCIDENTAL TAKE OF SPECIES OF CONCERN TO
5 REPLACE AN EXISTING BRIDGE ON PROPERTY
GENERALLY LOCATED ON SOUTHBOUND CARLSBAD
6 BOULEVARD APPROXIMATELY 0.06 MILE SOUTH OF
PALOMAR AIRPORT ROAD AND 1 MILE NORTH OF
7 POINSETTIA LANE IN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 22.
9 CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
CASE NO.: HMP 09-06
10
WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
1 3 described as
14 Public right-of-way on a portion of southbound Carlsbad
1 ,. Boulevard between Palomar Airport Road and Poinsettia Lane
16 ("the Property"); and
17 WHEREAS, the City of Carlsbad has received authorization to issue permits to
18-impact various sensitive species and habitats, including species listed as Threatened or
19 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
20
Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
21
22
23 WHEREAS, the authority stated above is based on a plan titled Habitat
24 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
25 2004, referred to as the HMP, and approval of all projects is contingent on a finding of
26 consistency with the HMP; and
27
28
WHEREAS, said verified application by Developer constitutes a request for a
2 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter
3
21.210 of the Zoning Ordinance, on file in the Planning Department; and
4
i- WHEREAS, the Planning Commission did on August 19, 2009, consider said
6 request; and
7 WHEREAS, at said hearing, upon hearing and considering all testimony and
g
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
9
relating to the Habitat Management Plan Permit.
10
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
, j Commission as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That the ENCINAS CREEK BRIDGE REPLACEMENT project is consistent
with the HMP as described in the following findings,
15 C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 09-06, for the
17 ENCINAS CREEK BRIDGE REPLACEMENT based on the following
findings and subject to the following conditions:18
19 Findings:
20 1. That the ENCINAS CREEK BRIDGE PROJECT is not shown in Figure 28 of the
approved HMP as an existing hardline, proposed hardline, proposed standards, core
or linkage area. The project is in a disturbed area; however, there are sensitive
22 vegetation communities within the Area of Potential Effects (APE) and there will be
some temporary and permanent impacts to the biological resources. Specifically, the
23 area of impact will be on the east side of the bridge during bridge removal and
replacement.
24
2. That authorization to take species of concern, through the take of sensitive species (see
BIO-1, Table 1 -Mitigation Ratios, which show permanent and temporary impacts
25 to vegetation communities provided in the Draft Mitigation Monitoring and
Reporting Program that was prepared for the project) is subject to continuous
27 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.
PC RESO NO. 6627 -2-
3. That authorization to impact sensitive habitats of species of concern is subject to
2 continuous compliance with all mitigation measures as stated in the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and is subject to all
3 conditions contained in Planning Commission Resolutions No. 6624, 6625, and 6626 for
those other approvals incorporated herein by reference.
c 4. That authorization to impact sensitive habitats and take of species of concern is subject to
continuous compliance with the provisions of Volumes I, II and III of the Multiple
6 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
8 (SCH No. 93121073).
9 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the ENCINAS CREEK BRIDGE
10 REPLACEMENT project.
* 1 6. That the project design as approved by the City of Carlsbad has avoided and minimized
, 2 impacts to wildlife habitat and species of concern to the maximum extent practicable.
Specifically; most of the impacts are temporary construction impacts to disturbed
13 habitat (0.255 acre). Permanent impacts (0.016 acre) are also to disturbed habitat.
The proposed structure would reduce the overall width of the bridge by
14 approximately 26 feet and 2 inches (6 feet 11 inches to the west and 19 feet 3 inches
to the east). The wingwalls on the west side of the bridge would be placed parallel to
the roadway. No equipment or storage will be allowed on the beach No equipment is
16 allowed east of the easterly sheet piles and west of the westerly sheet piles, nor store
any material or equipment on the beach or in the adjacent sensitive habitat. With
17 these project design elements the project would minimize impacts to wildlife habitat
and species of concern.
18
i n 7. 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
20 HMP Implementing Agreement.
21 8. That the authorization to impact sensitive habitats and 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
23 requirements, as well as ongoing monitoring and reporting to the wildlife agencies and
the public.
24
9. That the Planning Director is authorized to sign the Take Permit.
^•U
2£ 10. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
27 implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
28 continuing to allow compatible development in accordance with Carlsbad's Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
PC RESO NO. 6627 -3-
the Open Space and Conservation Element of the City's General Plan which provides for
2 the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
3 new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. All temporary and permanent
impacts caused by the Encinas Creek Bridge Replacement project will be mitigated
s- on site by replanting native species adjacent to or within impact areas.
6 Conditions;
7 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
9 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
10 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
11 conditions or seek damages for their violation. No vested rights are gained by Developer
12 or a successor in interest by the City's approval of this Habitat Management Plan
Permit.
13
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
14 and modifications to the Habitat Management Plan Permit documents, as necessary to
1, 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
16 development different from this approval, shall require an amendment to this approval.
17 3. 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
19 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
20 all requirements of law.
21 4. This approval is granted subject to the approval of the Mitigated Negative Declaration,
~~ and Mitigation Monitoring and Reporting Program, and approval of CDP 09-08,
and SUP 09-03, and is subject to all conditions contained in Planning Commission
23 Resolutions No. 6624, 6625, and 6626 for those other approvals incorporated herein by
reference.
24
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
26 of the environmental documents for the project.
27 6. 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
2° to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. All impacts will be mitigated per the requirements of the
PC RESO NO. 6627 -4-
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
City's HMP and the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program AH temporary and permanent impacts caused by the Encinas
Creek Bridge Replacement project will be mitigated on site by replanting native
species adjacent to or within impact areas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on August 19, 2009, by the following vote, to wit:
AYES: Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
NOES:
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLASTvice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6627 -5-