HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6944
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW
TEMPORARY AND PERMANENT IMPACTS TO SENSITIVE
HABITAT FOR THE NORTH BATIQUITOS SEWER LIFT
STATION FORCE MAIN REPAIR PROJECT, ON PROPERTY
GENERALLY LOCATED AT 7382 GABBIANO LANE, ON
THE NORTH SIDE OF BATIQUITOS LAGOON, IN THE
EAST BATIQUITOS LAGOON/HUNT PROPERTIES
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: NORTH BATIQUITOS SEWER LIFT
STATION FORCE MAIN REPAIR
CASE NO: HMP 13-01
WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,”
described as
Lot 1 of Map No. 12967 accepted for recordation at the Office
of the County Recorder of San Diego County on September 16,
1992, and also described as Assessor’s Parcel Number 215-801-28-00
(“the Property”); and
WHEREAS, the City of Carlsbad has received authorization to issue permits to
impact various sensitive species and habitats, including species listed as Threatened or
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;
and
WHEREAS, the authority stated above is based on a plan titled Habitat
Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of
consistency with the HMP; and
PLANNING COMMISSION RESOLUTION NO. 6944
PC RESO NO. 6944 -2-
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WHEREAS, said verified application by Developer constitutes a request for a
Habitat Management Plan Permit pursuant to the City’s authority as contained in Chapter
21.210 of the Zoning Ordinance, on file in the Planning Division; and
WHEREAS, the Planning Commission did on January 30, 2013, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That the NORTH BATIQUITOS SEWER LIFT STATION FORCE MAIN
REPAIR project is consistent with the HMP as described in the following
findings.
C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 13-01, for the NORTH
BATIQUITOS SEWER LIFT STATION FORCE MAIN REPAIR based on
the following findings and subject to the following conditions:
Findings:
1. That the NORTH BATIQUITOS SEWER LIFT STATION FORCE MAIN REPAIR
is shown in Figure 28 of the approved HMP as Existing Hardline Conservation Area.
2. That authorization to impact sensitive habitats, through temporary impacts to upper
coastal salt march (0.026 acre) and coyote brush scrub (0.030 acre) and
approximately 0.003 acre of proposed permanent impacts to coyote brush scrub
vegetation, 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. That authorization to impact sensitive habitats is subject to all conditions contained in
Planning Commission Resolutions No. 6940 for those other approvals.
PC RESO NO. 6944 -3-
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4. That authorization to impact sensitive habitats is subject to continuous compliance with
the provisions of Volumes I, II and III of the Multiple 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 (SCH No. 93121073).
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 NORTH BATIQUITOS SEWER
LIFT STATION FORCE MAIN REPAIR project.
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.
Specifically; most of the impacts are temporary impacts to upper coastal salt march
(0.026 acre) and coyote brush scrub (0.030 acre), with approximately 0.003 acre of permanent impact to coyote brush scrub vegetation. All impacts will be mitigated on
site pursuant to the city’s Habitat Management Plan (HMP), dated November 2004.
Furthermore, the permanent structures were all constructed within the sewer lift
station area and did not impact any vegetation.
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
HMP Implementing Agreement.
8. That the authorization to impact sensitive habitats 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.
9. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
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
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
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
Conditions:
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
revoke or modify all approvals herein granted; deny or further condition issuance of all
PC RESO NO. 6944 -4-
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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 Plan
Permit.
2. 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
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.
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
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.
4. This approval is granted subject to the approval of CDP 12-25 and is subject to all
conditions contained in Planning Commission Resolution No. 6940 for those other
approvals incorporated herein by reference.
5. 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
to wildlife, as documented in the City’s Habitat Management Plan and the environmental
analysis for this project. Temporary impacts will be mitigated in kind at 1:1 for the
0.026 acre of upper coastal salt marsh. The replacement will be in situ, with the
exception of one area (0.008 acre) where the affected habitat is isolated from nearby
habitat by an unauthorized section of trail. In the case of the isolated area, the
restoration will be implemented within the unauthorized trail.
Temporary impacts to coyote brush scrub (0.030 acre) will be mitigated in situ by restoration of like habitat. Permanent impacts to coyote brush scrub (0.003 acre)
will be mitigated at 2:1 ratio, pursuant to the city’s Habitat Management Plan
(HMP), dated November 2004, with the restoration of 0.006 acre of coastal sage
scrub at an unauthorized trail head southeast of the pump station on the
northeastern edge of the trail.
6. A formal restoration plan shall be submitted to the City Planner and California
Department of Fish and Wildlife for their review and approval. Project restoration
shall begin within one (1) year after approval of this project. The restored area will
be monitored for five years with annual reports submitted to the City Planner and
California Department of Fish and Wildlife to assure that the vegetation is
successfully established.
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NOTICE
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (I 0) calendar days of the date of the
Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on January 30,2013, by the following vote, to wit:
ATTEST:
DONNED
City Planner
AYES:
NOES:
ABSENT:
ABSTAIN:
PC RESO NO. 6944
Chairperson Siekmann, Commissioners Arnold, Black, L'Heureux,
Montgomery, Schumacher and Scully
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