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HomeMy WebLinkAbout2020-08-19; Planning Commission; Resolution 7378PLANNING COMMISSION RESOLUTION NO. 7378 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, FLOOD PLAIN SPECIAL USE PERMIT, AND A SCENIC CORRIDOR SPECIAL USE PERMIT FOR EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS ON PROPERTY GENERALLY LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY ON EL CAMINO REAL FROM CANNON ROAD, SOUTH FOR APPROXIMATELY 370 FEET WITHIN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15 AND 24. CASE NAME: EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS CASE NO: CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 (PUB)2018-0014 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as a portion of property identified by Assessor's Parcel Number 168-360-06, 168-050-38, 168-050- 039, 208-162-34, and 212-152-01 and on file in the Planning Division ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit, and two Special Use Permits as shown on Exhibit(s) "A-MM" dated August 19, 2020, attached hereto and on file in the Carlsbad Planning Division, CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 -EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, as provided in Chapters 21.40, 21.110 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the City Planner has determined that the EL Camino Real at Cannon Road Bridge Improvements are categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) and section 15301 (d) and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies; and WHEREAS, the Planning Commission did, on August 19, 2020, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public 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 Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2018-0031, SUP 2018-0005, SUP 2018-0006 -EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit CDP 2018-0031 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that in that the proposed project is consistent with, or otherwise implements, the following Mello II LCP policies: a. Carlsbad LCP Mello II Policy 1-1 Allowable Land Uses. The project complies because it is consistent with the General Plan and the Local Coastal Program. b. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because minimal grading would occur. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. All impermeable surfaces will be repaved, all ground cover vegetation will be replanted with native grasses and concrete wing walls would be installed at the bridge abutments to reduce the possibility of erosion. c. Carlsbad LCP Mello Policy 3-1.1 Habitat Management Plan (HMP). The project complies because the project will not permanently impact habitat as identified in the HMP. In addition, sensitive species of animals or plants identified by the Biological Technical Report within the project boundaries would be avoided during construction. d. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a Storm Water Pollution Protection Plan (SWPPP) to ensure proper storm water quality measures during construction such as installation of gravel bags, silt fences, straw wattles, equipment drip pans, 'porta-potty' containment pans, trash cans etc. e. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies because it will not remove any natural vegetation with the project. Only non-native plants will be removed from the project site. PC RESO NO. 7378 -2- f. Carlsbad LCP Mello II Policy 4-7 Flood Hazards. The existing ECR bridge and new pedestrian bridge are compatible with the periodic flooding anticipated for the 100- year floodplain, and compatible with the unlikely event for dam inundation. 2. The proposal is ir, conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed ECR bridge repairs and improvements and the new pedestrian bridge would improve public access opportunities and recreational resources. The bridge structures will not obstruct views of the coastline as seen from public lands or the public right- of-way; therefore, the visual beauty of the coastal zone will not be diminished, nor will there be any impacts to coastal resources or public access. No agricultural uses currently exist on the site. The project will not impact agricultural uses. The project is not located in an area of known geologic instability. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, GradiJ1g Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Runoff Management Program (JRMP) to avoid · increased urban runoff, pollutants, and soil erosion. No steep slopes are located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, or liquefaction. Although the project is subject to flooding from a 100-year storm event or dam inundation, the project is built to withstand such events and allow water to pass through the waterway without obstruction. There are native plants along the west side of the bridge, but the duration of the construction period is relatively brief and the plants are expected to recover resulting in no impacts to native plants. 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8, 14, 15, and 24 and all City public facility policies and ordinances. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. The sewer main and appurtenances are designed of a size adequate to convey the future anticipated build-out demand of the service area for the District. 5. The Planning . Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Flood Plain Special Use Permit SUP 2018-0005 6. The project is consistent with the general plan, local coastal program, the requirements of Chapter 21.110 of the Carlsbad Municipal Code, and any other applicable requirements of this code in that the ECR bridge repairs and improvements _.nd the addition of a pedestrian bridge is consistent with the General Plan in that it provides safety and supports multiple modes of transportation. The project is compatible with the character and the scale of the surrounding area and will not negatively impact public views. The ECR bridge and pedestrian bridge are uses that are compatible with periodic flooding. Additionally, the proposed ECR repairs and pedestrian bridge are consistent with the purpose of the zoning district in which it is located. 7. The site is reasonably safe from flooding in that the project is designed to withstand anticipated flooding. The ECR bridge and the new pedestrian bridge are within the 100-year floodplain PC RESO NO. 7378 -3- within which there is a one percent probability of a flood occurring in any given year. It is also located within a dam inundation area. Emergency action plans are in place in the event of dam inundation and the dam facilities are periodically inspected by the State of California Division of Dam Safety. The ECR bridge repairs and improvements, including the new pedestrian bridge would not impede the carrying capacity of the Agua Hedionda Creek. The pedestrian bridge would be anchored by new concrete abutments and supported by deep micropile foundations. 8. The project is designed to minimize the flood hazard to the habitable portions of the proposed structure in that the project would not include habitable structures. The project would provide repairs and improvements of the existing ECR bridge and construction of a new pedestrian bridge. The project would minimize a flood hazard event to the adjacent resident neighborhood. 9. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the project is for repairs and improvements to an existing bridge. The existing bridge is designed to allow water from Agua Hedionda Creek to continue flowing. In addition, the project will add a new bridge structure approximately 26-feet upstream of the existing bridge to provide a missing sidewalk segment for pedestrians. The new bridge would not create new hazards for adjacent or upstream properties or structures. 10. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the proposed project repairs to the existing ECR bridge and pedestrian bridge, is adequately anchored, does not obstruct the waterway and will not create any hazards to adjacent or downstream properties and structures. 11. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that the Hydraulic Analysis demonstrated the proposed project does not reduce the ability of the existing bridge or new pedestrian bridge to pass or handle a base flood of 100-year frequency. The deck of the new bridge would be 18" higher than the top of the existing ECR bridge deck to achieve positive freeboard clearance from flows within Agua Hedionda Creek during a 100-year flood event. 12. The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point in that there are several existing bridge crossings along the Agua Hedionda Creek study, including the Cannon Road Bridge, El Camino Real Bridge, a small foot bridge, and triple box culverts under Rancho Carlsbad Drive. The Hydraulic analysis stated that the existing condition results and FEMA's floodplain mapping show that the 100- year flow does not overtop the existing El Camino Real bridge, so the proposed El Camino Real bridge improvements will not impact water surface elevations. The water surface elevations from the El Camino Real bridge are slightly reduced by the project because of the reduced vegetation density. Therefore, the project adheres to floodplain and floodway regulations. 13. The project is contingent upon compliance with other federal and state regulations required in that a Jurisdictional Delineation Report was completed for this project. The report determined that this project would be in compliance with United States Army Corps of Engineers (Corps), the California Department of Fish and Wildlife (CDFW), and the Regional Water Quality Control Board (RQWCB). PC RESO NO. 7378 -4- Scenic Corridor Special Use Permit SUP 2018-0006 14. The project is consistent with the intent and purpose of the El Camino Corridor Development Standards in that the repairs and improvements to the existing ECR bridge will maintain the operation of the bridge. The new pedestrian bridge will provide a pedestrian connection for a discontinuous sidewalk on the east side of El Camino Real. The improvements to the existing bridge will improve the aesthetics of the bridge by replacing existing older deteriorating barriers. The new pedestrian bridge will be a streel truss style bridge which presents a visually appealing aesthetic. The replanted trees are consistent with the Street Tree Species List of the city's community forest management plan. The trees will provide shade and seasonal flowers that will add to the visual appeal of the project area. Therefore, the project will maintain and enhance the appearance of the El Camino Real Corridor. 15. The project is consistent with the design standards of the El Camino Real Corridor Development Standards in that the natural topography of the project area will be maintained, and minimal grading will be conducted. The project was designed consistent with the city's Engineering Department Design Standards. 16; The project will not adversely affect the scenic, historical or cultural qualities of the property in that the project proposes improvements and repairs to an existing ECR bridge. The improvements would widen the existing pedestrian and bicycle lanes along the western side of the bridge. The new pedestrian bridge would provide a connecting segment that is currently missing from the discontinuous sidewalk along the eastern side of the ECR bridge. These improvements would help support active transpiration and contribute to the overall aesthetic of the El Camino Real Scenic Corridor. Deviations to El Camino Real Corridor Development Standards 17. Compliance with a particular standard (landscape standard) is infeasible for this project in that compliance with the plant palette required by the El Camino Real Scenic Corridor along the eastern side El Camino Real is not feasible due to the narrow right-of-way, existing utilities lines and the creek habitat. The right of way is bounded by the sidewalk, bridge abutments, a sound wall and existing utilities. The eucalyptus and pine species required by the ECR Scenic Corridor Standard were anticipated to get too big for the space available. The root systems of these trees had the potential of undermining the bridge abu_tments, sidewalk and sound wall foundations. Parks and Recreation staff conducted _a site visit to evaluate the conditions of the project site. As a result of the site visit, Parks and Recreation recommended crepe myrtle trees from the Community Forest Management Plan. The Community Forest Management Plan requires the removed city owned trees to be replaced at a 2:1 ratio. There are four city owned trees that will be removed and then replaced with twelve trees. In coordination with the city of Carlsbad Parks and Recreation Department, four Crepe Myrtle trees would be placed within the project boundary and eight Brisbane Box trees would be placed outside of the project boundary. The property beyond the right-of-way is owned and maintained by the Rancho Carlsbad Owner's Association. The Association selected Jacaranda and Camphor trees from the Community Forest Management plan to replace the trees that were removed. The overall quantity of trees that would be replaced would be less than the quantity of trees removed because the hydraulic analysis noted that the reduced quantity of trees would allow water to flow without obstruction during a 100-year flood event. The trees will be replaced in a manner that is consistent with best practices for floodplain management. Appropriate measures will also be taken to comply with City Council Policy No. 4 Street Trees, Carlsbad Municipal Code Chapter 11.12 Trees and Shrubs, and the Community Forest Management Plan (CFMP). The tree selection was reviewed PC RESO NO. 7378 -5- I by the city's Environmental Management Division, project biologist and the Hydrology Engineer and the trees were found to be suitable for the project area. 18. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled in that the trees selected provide shade and produce seasonal flowers, providing a visual interest all year long and contributing to the scenic qualities of the corridor. The trees within the corridor plan would also provide shade but were less compatible with the site characteristics. 19. That the project will not have an adverse impact on traffic safety in that the existing roadways would continue to be in conformance with the city's Engineering Department Design Standards. The repairs and improvements to the existing ECR bridge would not change the existing vehicle lanes. The new pedestrian bridge is approximately 26 feet upstream from the ECR bridge and would not alter the existing roadway. The new pedestrian bridge would create a new pedestrian connection along a discontinuous. sidewalk section along the east side of the bridge. Because this new bridge will direct pedestrians away from the roadway it will likely increase traffic safety. 20. That the project is designed so as to meet the intent of the scenic preservation overlay zone in that the project maintains the scenic quality objectives of the corridor' standards, it also is consistent with the intent of the Scenic Preservation Overlay Zone (Zoning Ordinance Chapter 21.40). The Overlay Zone supplements the underlying zoning by providing additional regulations and guidelines (which the El Camino Real Corridor Development Standards provide) to guide development in designated areas, such as scenic corridors, and implement General Plan goals and objectives. Consistent with the General Plan, the project fulfills Land Use and Community Design Element goals, including Land Use Goal 3-G.3 ("Provide inviting streetscapes that encourage walking and promote livable streets") and Goal 3-G.2 ("Improve connectivity for residents, visitors and businesses"). California Environmental Quality Act 21. The city planner has determined, and the Planning Commission finds, that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction of the State CEQA Guidelines. In making this determination, the Planning Commission finds that the criteria listed in Section 15301 (c) - Existing Facilities and Section 15301 (d) -Replacement or Reconstruction of the State CEQA Guidelines have been met and that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. Section 21084 of the Public Resources Code requires the State CEQA Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction are identified as Class 1 categorical exemptions. Each of the criteria set forth in Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction is set out below and an explanation is provided demonstrating how the project meets and satisfies the criteria. In addition, each applicable exception to the categorical exemptions is set out below and an explanation provided demonstrating how the exception does not apply to the project. PC RESO NO. 7378 -6- (a) The project meets the threshold criteria set forth in CEQA Guidelines Section 15301 (c) - Existing Facilities and Section 15301 (d) -Replacement or Reconstruction. (b) An exception listed in Section 15300.2 does not apply to the project. Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction CEQA Guidelines Section 15301 (c) -Existing Facilities and Section 15301 (d) -Replacement or Reconstruction sets forth additional criteria which must be met for a project to be exempt from CEQA. In order to qualify for an exemption, an in-fill development project must meet all of the threshold criteria setforth below. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. Finding: The proposed project would repair an existing bridge and reconcile a missing pedestrian connection along the east side of El Camino Real with construction of a new pedestrian bridge. The bridge would improve the existing condition by providing a continuous pedestrian path along El Camino Real that is also separated from vehicle traffic. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Finding: The proposed project would repair and replace damaged or obsolete railing and concrete steel barriers to maintain the quality of public infrastructure and preserve Carlsbad's character. The new railing and barriers would be in compliance with current Federal Highway Administration crash standards. Section 15300.2 Compliance (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Finding: The project qualifies for a Class 1 exemption and therefore this exception is not applicable. (b) Cumulative Impact. All exemption for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. Finding: Impacts associated with the project would consist of less than significant short- term impacts from construction equipment noise and air pollutant emissions, temporary PC RESO NO. 7378 -7- impacts to habitat, traffic control measures adjacent to the project site, and construction trips. No long-term or growth-inducing impacts would be generated. All temporary construction impacts would be less than significant and construction efforts would include the implementation of best management practices. Thus, contributions to potential cumulative impacts would not be cumulatively considerable. (c} Significant Impact. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Finding: No unusual circumstances have been identified in or around the project site that would result in significant environmental impacts. The project would be constructed using standard methods, and activities would comply with all applicable local, State, and federal requirements related to air quality, noise, water quality/storm water, hazardous materials handling, and waste disposal. The project would not introduce a new land use or increase automobile trips and would have no effect related to population growth. The city retained LSA to assess if sensitive biological and cultural resources occur in the project vicinity and, if so, the potential for such resources to be affected by the project. Based on field reviews of the project site and review of pertinent literature, the potential for significant adverse environmental impacts as defined under CEQA is negligible. (d} Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. Finding: The project site is not located within or adjacent to a highway officially designated as a state scenic highway. Therefore, this exception is not applicable. (e} Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finding: The project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code. (f} Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Finding: This is an existing disturbed projects site, there are no historic resources that have been documented on or around the project site and therefore no historical resources are expected to be present on or around the project site. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. PC RESO NO. 7378 -8- 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 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 Coastal Development Permit and two Special Use Permits. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and two Special Use 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Coastal Development Permit and two Special Use Permits, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition: 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8, 14, 15 and 24 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. PC RESO NO. 7378 -9- 9. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 10. Prior to the start of construction, a revised landscape plan shall be reviewed and approved by the Planning Commission. The revised landscape plan shall replace the ornamental trees with native trees to the degree feasible and include narrow leaf milkweed to the native hydroseed mix. The native trees selected shall also have the following characteristics: consistent with a rural residential theme, compatible with the adjacent riparian habitat, evergreen, low fire hazard, low leaf litter, and featured in the Community Forest Management Plan. Avoidance and Minimization Measures 11. A biologist shall prepare an Environmental Awareness Training Program to be provided to all project personnel prior to commencement of project-related activities. The program shall contain information concerning special-status plant, wildlife, and aquatic resources, including, but not limited to, descriptions, locations of suitable habitat, reasons for avoidance, and avoidance and minimization measures. 12. The contractor shall install orange construction fencing (or similar) along the perimeter of the proposed Temporary Impact Areas to demarcate limits of work clearly. A biologist shall be present during this activity to direct that impacts to vegetation outside of the proposed Temporary Impact Areas and bird nests (if fence installation occurs between January 15 and September 15) are avoided. 13. A biologist shall flag San Diego marsh-elder individuals near work areas or access paths for avoidance. 14. A biologist shall perform a presence/absence survey for monarch butterfly prior to disturbance/removal of eucalyptus trees. The biologist shall survey the tree(s) to be affected and an appropriately sized surrounding buffer. If any Monarch butterfly roosting sites are identified, tree disturbance/removal will be prohibited until roosting is no longer observed. 15. If vegetation disturbance is scheduled to occur during the bird breeding season (between January 15 and September 15), a biologist shall perform a nesting survey within the proposed construction area and appropriately sized buffer no more than 72 hours prior to vegetation disturbance. If the planned vegetation disturbance does not occur within 72 hours of the nesting bird survey, then the area should be resurveyed. If nesting birds are found, then the qualified biologist shall establish an adequate buffer zone (on a species-by-species, case-by-case basis) in which construction activities would be prohibited until the nest is no longer active. The size of the buffer zone is determined by the biological monitor based on the amount, intensity, and duration of construction, and can be altered based on site conditions. If appropriate, as determined by the biological monitor, additional monitoring of the nesting birds may be conducted during construction to ensure that nesting activities are not disrupted. If any active coastal California gnatcatcher or least Bell's vireo nests are identified, then the project biologist will consult with the USFWS for direction on appropriate buffer zone radius for avoidance. 16. A bat specialist shall conduct a survey prior to construction activities to determine the need for humane eviction or other avoidance and minimization measures. PC RESO NO. 7378 -10- 17. Tree removal or construction activities adjacent to the bridge shall be conducted outside of the bat maternity season (April 1 through August 31) to the greatest extent practicable. 18. If nighttime work is necessary during construction, night lighting shall only be used on the portion of the bridge structure actively being worked on, that the lighting be focused on the direct area of work, and that airspace access to and from the bat roost features not be obstructed except at direct work areas. 19. All vehicles, equipment, tools, and supplies shall stay within the limits of the Temporary Impact Areas, but rio vehides, equipment, tools, or supplies should be placed within the Agua Hedionda Creek or its associated riparian vegetation. Only the temporary placement of the scaffolding associated with sidewalk overhang construction should be placed on top of vegetation/ground within the creek. 20. BMP features (e.g. silt fencing, straw waddles, and gravel bags) shall be installed where necessary to prevent off-site sedimentation. 21. Equipment refueling should occur in an upland area far enough away from the creek to prevent contamination of waters. NOTICE TO APPLICANT 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 (10) 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 arid state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE TO APPLICANT The project site is within the appealable area of the California Coastal Commission . This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the . · city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. PC RESO NO. 7378 -11- NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as"fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a}, and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning; zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 19, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: VEL YN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7378 -12-