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HomeMy WebLinkAbout2022-02-16; Planning Commission; Resolution 7438PLANNING COMMISSION RESOLUTION NO. 7438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND A HABITAT MANAGEMENT PLAN PERMIT FOR A REPAIR OF A TIE-IN SEWER MANHOLE ON PROPERTY GENERALLY LOCATED WITHIN A MAINTENANCE EASEMENT ADJACENT TO PALOMAR AIRPORT ROAD EAST OF ARMADA DRIVE AND WEST OF HIDDEN VALLEY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: VALLECITOS INTERCEPTORS SEWER MANHOLE REPAIR CASE NO: CDP 2020-0037 and HMP 2021-0004 (PUB 2020- 0002) WHEREAS, Vallecitos Water District, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Center for Natural Lands Management, "Owner," described as Vallecitos Maintenance Easement ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit (CDP 2021-0037) and Habitat Management Plan Permit (HMP 2021-0004) as shown on Exhibit(s) "A" dated February 16, 2022, attached hereto and on file in the Carlsbad Planning Division, "CDP 2021-0037 - VALLECITOS INTERCEPTOR SEWER MANHOLE REPAIR", as provided in Chapter 21.201.030 and 21.210 of the Carlsbad Municipal Code; 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 WHEREAS, the Planning Division studied the Coastal Development Permit and Habitat Management Plan application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15301{d) (Existing Facilities). This exemption is for restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety and the project would incorporate construction methods to avoid impacts to environmentally sensitive resources. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on January 24, 2022, the city distributed a notice of intended decision to adopt the "Existing Facilities" exemption. The notice was circulated for a 10-day period, which began on January 26, 2022 and ended on February 5, 2022. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was December 30,2022;and WHEREAS, the Planning Commission did, on 16th of February 2022, 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 and Habitat Management Plan 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 the VALLECITOS INTERCEPTORS SEWER MANHOLE REPAIR project is consistent with the HMP as described in the following findings. B) That based on the evidence presented at the public hearing, the Commission APPROVES COASTAL DEVELOPMENT PERMIT CDP 2020-0037 -VALLECITOS INTERCEPTORS SEWER MANHOLE REPAIR AND HABITAT MANAGEMENT PLAN PERMIT, HMP 2021-0004, based on the following findings and subject to the following conditions: PC RESO NO. 7438 -2- Findings: Coastal Development Permit 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the repairs that were completed were conducted in a manner consistent with the local coastal program by avoiding natural resources and limiting to minor temporary impacts to vegetation such as trimming. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the subject property does not provide public access to the beach or recreation facilities and thus does not negatively impact public access to the beach or recreation facilities. Habitat Management Plan Permit 3. That the project area is shown in Figure 28 of the approved HMP as existing hardline. 4. That authorization to impact sensitive habitats 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 in that this project did not result in an incidental take because sensitive habitat such as the creek was avoided and the impacts to vegetation that did occur were limited to trimming, and trampling, but there was no damage to the roots. The vegetation is already showing signs of a full recovery. 5. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill 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) in that the project did not result in urban growth or an increase in sewer capacity, it was limited to a repair of existing infrastructure to maintain existing sewer service. 6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the sewer manhole repair project in that performing maintenance within the boundaries of the maintenance easement is a lawful activity. 7. 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; a temporary bridge was constructed to mobilize equipment to the sewer manhole without disturbing the creek, the vegetation impacts were temporary in that it was limited to trimming and trampling and the root structures were not damaged and the vegetation is already showing signs of a full recovery. Ground disturbance was minimal and limited to the area immediately surrounding the sewer manhole. 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 in that there were no impacts to sensitive habitat such as the creek, and the impacts that did occur were limited to trimming and trampling of the vegetation and that vegetation is already showing signs of a full recovery. PC RESO NO. 7438 -3- 9. Tbe Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to permit issuance in that the project has already been completed and all conditions of approval have already been satisfied. 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 Habitat Management Plan Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and 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. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless th.e 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 Habitat Management Plan Permit, {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. 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 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 PC RESO NO. 7438 -4- plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the city's adopted Habitat Management Plan. 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 and 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 ofthe 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. 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. PC RESO NO. 7438 -5- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 16, 2022, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: ABSTAIN: ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7438 -6-