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HomeMy WebLinkAbout2022-06-01; Planning Commission; Resolution 7451PLANNING COMMISSION RESOLUTION NO. 7451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, SPECIAL USE PERMIT, AND HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE WIDENING OF THE NORTHBOUND SEGMENT OF EL CAMINO REAL FOR APPROXIMATELY 1500 FEET FROM CINNABAR WAY TO EL CAMINO REAL AND RESTRIPING EL CAMINO REAL FROM POINSETTIA LANE TO CAMINO VIDA ROBLE. CASE NAME: EL CAMINO REAL WIDENING (CIP 6072) CASE NO: CDP 2020-0032/SUP2020-0003/HMP 2020-0007 (PUB 2020-0009) WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad described as right-of-way and a portion of property identified by Assessor's Parcel Number 213-050-16- 00 and on file in the Planning Division ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit, a Special Use Permit, and Habitat Management Plan Permit as shown on Exhibit(s) "A-Af' and on file in the Carlsbad Planning Division, CDP 2020-0032/SUP2020-0003/HMP 2020-0007 (PUB 2020-0009) - El Camino Real Widening (CIP 6072), as provided in Chapters 21.40, 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 1, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, the Record of Proceedings upon which the Planning Commission bases its decision includes, but is not limited to: (1) the Final IS/MND and the appendices and technical reports cited in and/or relied upon in preparing the Final IS/MND and MMRP; (2) the staff reports, city files and records and other documents, prepared for and/or submitted to the city relating to the Final IS/MND, MMRP, and the project itself; (3) the evidence, facts, findings and other determinations set forth herein; (4) the General Plan and the Carlsbad Municipal Code; (5) all designs, plans, studies, data and correspondence submitted to the city in connection with the Final IS/MND, the MMRP, and the project itself; (6) all documentary and oral evidence received at public workshops, meetings, or hearings or submitted to the city during the comment period relating to the Final IS/MND and MMRP and/or elsewhere during the course of the review of the project itself; (7) all other matters of common knowledge to the to the city, including, but not limited to, city, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the city and its surrounding areas. 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 2020-0032/SUP2020-0003/HMP 2020-0007 (PUB 2020-0009) EL CAMINO REAL ROAD WIDENING, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit CDP 2020-0032 2. 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 I and Mello II LCP policies: a. Carlsbad LCP Mello I Policies specific to individual properties, the portions of the proposed project that overlap within in the Mello I segment is only proposed for restriping, not widening. The proposed restriping is consistent with the Land Use, Drainage, and Environmental Protection Policies. b. The project is consistent with the following Carlsbad Mello II Policies: i. Policy 1-1 Allowable Land Uses. The project complies because it is consistent with the General Plan and the Local Coastal Program. ii. Policy 3-1.1 Habitat Management Plan {HMP). The project complies because the project will fully mitigate all permanent and temporary impacts to Coastal Sage Scrub consistent with the approved Habitat Management Plan. PC RESO NO. 7451 -2- iii. Policy 3-4 Grading and Landscaping Requirements. The project fully complies will all landscaping and grading requirements through implementation of the landscaping plans, ongoing maintenance of all planted or seeded areas, and full compliance with all drainage and stormwater requirements within the Carlsbad Municipal Code and the Local Coastal Program. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed roadway widening would improve public access opportunities and recreational resources by increasing capacity and improving level of service through this Arterial. The improvements will not obstruct any views as seen from public right-of-way. The project will not impact agricultural uses. The project is not located in an area of known geologic instability. 4. 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, Grading 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. Special Use Permit SUP 2020-0003 5. 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 roadway expansion is consistent with the General Plan in that it provides for the long- planned ultimate build out of six-lanes consistent with the Arterial designation in the Mobility Element. 6. The project is consistent with the intent and purpose of the El Camino Corridor Development Standards in that project will only have minor increase in lane miles and not impact the adjacent land uses in this corridor. All facilities are consistent with the landscaping and lighting requirements of the El Camino Corridor Development Standards as detailed in the staff report dated June 1, 2022. 7. The project will not adversely affect the scenic, historical or cultural qualities of the property in that the project proposes widening to the maximum buildout of the road corridor and these improvements would help support active transpiration and contribute to the overall aesthetic of the El Camino Real Scenic Corridor. Furthermore, the project is conditioned to implement the Cultural & Tribal Resources mitigation measures, which require archaeological and Native American monitors on site during any ground disturbing activities. This will reduce any historical or cultural impacts to less than significant. HABITAT MANAGEMENT PLAN PERMIT HMP 2020-0007 8. That authorization to impact sensitive habitats, through the removal of .66 acres of Coastal Sage Scrub and potential for temporary impacts and incidental take adjacent to 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 PC RESO NO. 7451 -3- HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 9. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring and Reporting Program and is subject to all conditions contained in this Planning Commission Resolution for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 10. 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). 11. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Roadway Improvement project. 12. 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; mitigations measures 810-1 through 810-17 identified in the Mitigation Monitoring and Reporting Program will be implemented to avoid temporary impacts and mitigate permanent impacts at a ratio of 2:1. 13. 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. 14. That the authorization to impact sensitive habitats and potential for incidental take of species of concerns 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. 15. That the City Planner is authorized to sign the Take Permit. 16. 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. PC RESO NO. 7451 -4- 17. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 18. 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 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 the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 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, Special Use 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, Special Use 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 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. 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. 6. 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. 7451 -5- 7. This approval is granted subject to the approval of the MND/1S for the El Camino Real Roadway Improvements Project No. 6072 and is subject to all conditions contained in Planning Commission Resolution No. 7450 for those other approvals incorporated herein by reference 8. The project will implement all mitigation measures included in the Mitigation Monitoring and Reporting Program completed, including approval of any additional permits required prior to construction. 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. 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 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. 7451 -6-