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HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68231 PLANNING COMMISSION RESOLUTION NO. 6823 2 . A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 TO ALLOW THE INCIDENTAL TAKE OF SPECIES OF 5 CONCERN FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING (SLS), ON PROPERTY GENERALLY 6 LOCATED SOUTH OF CHINQUAPIN AVENUE TO THE ENCINA WATER POLLUTION CONTROL FACILITY. THE 7 PROJECT WOULD BE LOCATED WITHIN EASEMENTS ON PUBLIC AND PRIVATE PROPERTY AND WITHIN THE 8 RIGHT-OF-WAY.OF AVENIDA ENCINAS IN LOCAL 9 FACILITIES MANAGEMENT ZONES 1, 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 10 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 11 CASE NO: HMP 10-03 12 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 o Approximately 500-feet south of Chinquapin Avenue, immediately east of the Burlington Northern Santa Fe 16 (BNSF) railroad tracks, within the railroad right-of-way, south across Agua Hedionda Lagoon to the Encina Power 17 Station (identified as Assessor's Parcel Number 210-010- 09);1X o A portion of the Encina Power Station, located north of jo Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Number 210- 20 010-41); o A portion of SDG&E's property, located north of Cannon 21 Road and south and east of the Encina Power Station (identified as Assessor's Parcel Number 210-010-42); o Avenida Encinas, from just north of Cannon Road 23 (identified as Assessor's Parcel Number 210-011-05) and south to the Encinas Wastewater Pollution Control Facility 24 (south of Palomar Airport Road). 25 ("the Property"); and 26 WHEREAS, the City of Carlsbad has received authorization to issue permits to 27 impact various sensitive species and habitats, including species listed as Threatened or 28 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 2 and 3 WHEREAS, the authority stated above is based on a plan titled Habitat4 - Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 6 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 7 consistency with the HMP; and o WHEREAS, said verified application by Developer constitutes a request for a 9 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 10 21.210 of the Zoning Ordinance, on file in the Planning Department; and 12 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 13 conducted a public hearing and recommended approval of the project and 14 recommendation of adoption of the MND/MMRP; and 15 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 16 Council and Housing and Redevelopment Commission conducted a public hearing and 17 received testimony on said project; and j 9 WHEREAS, at the request of the Planning Director, the City Council and 20 Housing and Redevelopment Commission continued the public hearing to a date certain, in 21 order for staff to fully respond to written and oral testimony received concerning the 22 project and the environmental analysis; and 23 WHEREAS, the City Council and Housing and Redevelopment Commission 24 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 2g consider staffs response to previous testimony, and to receive and consider additional 27 testimony; and 28 PC RESO NO. 6823 -2- WHEREAS, the City Council and Housing and Redevelopment Commission 2 remanded the project to the Planning Director to conduct further analysis of the 3 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 4 schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the City Council and Housing and Redevelopment Commission; and Q WHEREAS, the Planning Commission did on October 5, 2011, consider said 9 request; and 10 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 13 relating to the Habitat Management Plan Permit. 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 16 A) That the foregoing recitations are true and correct. 17 B) That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT project is consistent with the HMP as described in the following findings. 20 C) That based on the evidence presented at the hearing, the Commission RECOMMENTS APPROVAL of the Habitat Management Plan Permit, HMP 21 10-03, for the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN 22 AND GRAVITY SEWER REPLACEMENT based on the following findings and subject to the following conditions: 23 Findings; 24 1 That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN AND 25 GRAVITY SEWER REPLACEMENT is not shown in Figure 28 of the approved 26 HMP as an existing hardline, proposed hardline, proposed standards, core or linkage area. Instead, the project is in a disturbed area and is identified as a "development 27 area" in Figure 28; however, there are sensitive vegetation communities within the Area of Potential Effects (APE) and there will be some temporary and permanent impacts to the biological resources. Specifically, the area of impact will be for the installation of the south abutment for the proposed pipe support bridge. PC RESO NO. 6823 -3- Additionally, the project will benefit adjacent preserved areas as it will remove 2 bridge support pilings from the channel between the middle and outer basins of Agua Hedionda Lagoon, both of which are identified as existing hardline 3 conservation areas. 2. That authorization to take species of concern, through the take of sensitive species (see r Table 4 -Project Impacts to Vegetation Communities, which shows permanent and temporary impacts to vegetation communities provided in the Preliminary 6 Biological Assessment report prepared by Planning Systems, dated May 28, 2010 that was prepared for the project) 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 9 the Biological Opinion. 10 3. That authorization to impact sensitive habitats of species of concern is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6820, 6821 and 6822 for those other approvals, including but not limited to recordation 13 of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. , <- 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 16 Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to 17 Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 1 o 19 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 AGUA HEDONDA SEWER 20 LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT project.21 ~~ 6. 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. 23 Specifically; most of the impacts are temporary construction impacts to disturbed and developed lands. Furthermore, the project avoids impacts to sensitive habitats, 24 with the exception of minor slivers of Diego Coastal Sage Scrub (DCSS). The DCSS is surrounded by a highly urbanized environment, and thus the minor slivers are not rare habitat, nor are they especially valuable to the ecosystem which has already 26 been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project does not impact Environmentally Sensitive 27 Habitat Area (ESHA), a term applicable to properties in the Coastal Zone (as defined in Coastal Act Section 30107.5) that contain rare or especially valuable plant or animal life or their habitats that could easily be disturbed by human activities and developments. Notwithstanding that the project will not impact PC RESO NO. 6823 -4- ESHA, it will mitigate for the 0.09 acres of sensitive biological habitats that will be 2 impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). 3 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 r HMP Implementing Agreement. 6 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 7 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. 9 9. That the Planning Director is authorized to sign the Take Permit. 10 10. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and 12 implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 13 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 14 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 environment. Moreover, each j 5 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 17 all new development within the City is essential to fund implementation of the City's Habitat Management Plan.18 19 Conditions; 20 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 21 implemented and maintained according 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 23 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 24 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 Plan 25 Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 27 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. PC RESO NO. 6823 -5- 3. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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. This approval is granted subject to the adoption and approval of the Mitigated Negative 6 Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP 144(C), RP 10-26, CDP 10-17, HDP 10-05 and SUP 10-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, „ 6820, 6821 and 6822 for those other approvals incorporated herein by reference. o 9 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 10 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 13 Management Plan. 14 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 16 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of 17 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. lo 19 8. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or 20 commencement of construction, whichever occurs first. 9. This project has been found to result in impacts to wildlife habitat or other lands, such as 22 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 23 analysis for this project. Mitigation Measures are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios 24 indicated in Table 4 of the MMRP under Biological Resources, except that _v Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation acreage must include a minimum 1:1 creation 26 component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lake 27 Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the PC RESO NO. 6823 -6- 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 demolished, filled-in existing lift station overflow basin, but could different location in the area. Code Reminders: occur in a 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the of the City Engineer. accordance satisfaction 1 1 . Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time permit issuance, except as otherwise specifically provided herein. of building PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 5, 2011, by the following vote,to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann NOES: ABSENT: ABSTAIN: X~v ^^^^^==^- STEPHENX"HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: &**/ ie*i DON NEU Planning Director PC RESO NO. 6823 -7-