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HomeMy WebLinkAboutHMP 2022-0007; MAERKLE MOTORIZED VALVES PROJECT; Admin Decision LetterNovember 14, 2022 Attn: Sean Diaz 5950 El Camino Real Carlsbad, CA 92008 EIFILE COPY {"cityof Carlsbad SUBJECT: HMP 2022-0007 (PUB 2022-0008) -MAERKLE MOTORIZED VALVES PROJECT The city has completed a review of the application for a Minor Habitat Management Permit (HMP 2022-0007) to allow the clearing of native habitat and (if applicable) incidental take of species of concern on property generally located near the Maerkle Water Reservoir and Sunny Creek Road at Assessor Parcel Number (APN) 760-166-86-00. The site is subject to the Open Space (OS) General Plan Land Use Designation and is zoned OS. The site is adjacent to a hardline preserve open space area. It is the City Planner's determination that the project is consistent with the City's Habitat Management Plan and Chapter 21.210 of the Carlsbad Municipal Code and therefore APPROVES this request based on the following: Findings: 1. That the project site is shown in Figure 28 of the approved HMP as being adjacent to an existing Hardline Conservation Area. 2. That authorization to impact sensitive habitats through the removal of 0.04 acre of Coastal Sage Scrub by replacing two existing valves and piping with new motorized valves and piping and relocating the valves to a new underground vault at the base of a slope onsite 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 continuous compliance with all avoidance, minimization, and/or mitigation measures as stated in the Final Biological Resources Study for the Carlsbad Municipal Water District (CMWD) Maerkle Motorized Valves Project (Helix, Environmental Planning, dated March 30, 2022) and the mitigation measures as stated in the -Mitigati9n Monitoring and Reporting Program (City of Carlsbad Sewer Master Plan & Carlsbad Municipal Water District Water and Recycled Water Master Plans Update -Program EIR & Addendum) and is subject to all conditions contained herein. 4. 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 Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov HMP 2022-0007 (PUB 2022-0008) -MAERKLE MOTORIZED VALVES PROJECT November 14, 2022 Pa e 2 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 Maerkle Motorized Valves 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, the proposed Maerkle Motorized Valves project to replace two existing valves and piping with new motorized valves and piping and relocate the valves to a new underground vault at the base of a slope will implement the Avoidance, Minimization, and/or Mitigation Measures in the Final Biological Resources Study for the Carlsbad Municipal Water District (CMWD) Maerkle Motorized Valves Project (Helix, Environmental Planning, dated March 30, 2022) and will adhere to the city-approved Mitigation Monitoring and Reporting Program (City of Carlsbad Sewer Master Plan & Carlsbad Municipal Water District Water and Recycled Water Master Plans Update -Program EIR & Addendum). The project was carefully designed to avoid and minimize impacts on the coastal California gnatcatcher by developing the most disturbed area of the site, which is located across the street and approximately 140 feet away from the edge of gnatcatcher- occupied habitat. Implementation of Program EIR Mitigation Measures Bio-lD and Bio-2A would also reduce direct and indirect impacts on Coastal Sage Scrub and disturbance of all existing habitat on the site. No substantial new information has been presented that shows the Project would result in more significant impacts than those originally analyzed in the PEIR or 2019 Addendum and there would be no new impacts. 7. 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. 8. The City Planner 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 HMP 2022-0007 (PUB 2022-0008) -MAERKLE MOTORIZED VALVES PROJECT November 14, 2022 Pa e 3 essential to fund implementation of the City's Habitat Management Plan. Per CMC Section 21.210.040(E), the project is not required to pay habitat in-lieu fees for impacts to 0.04 acres of Coastal Sage Scrub (Group D) because the project is a city project and therefore is not subject to the developer-funded fee program. Additionally, the project is required to mitigate impacts to 0.04 acre Coastal Sage Scrub through deducting 0.04 acre credits from the Lake Calavera Mitigation Bank. 9. That the City Planner has determined that the project and corresponding Addendum to the CMWD Water Master Plans Program Environmental Impact Report (PEIR) dated November 2022 is within the scope of the adopted PEIR and use of an addendum to document the project changes is appropriate pursuant to CEQA Guideline Section 15164. CEQA Guideline Section 15164 also notes an addendum need not be circulated for public review but may simply be attached to the Final PEIR. A Notice of Determination will be posted on the city's website and filed with the County Clerk. 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment, water, drainage, . circulation, fire, schools, parks and other recreational facilities, libraries, government administrative facilities, and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. If applicable, a Public Facility fee must be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. Conditions: 1. Approval is granted for Minor Habitat Management Permit (HMP 2022-0007), as shown on Exhibits "A" -"EE", dated September 28, 2022, incorporated by reference and on file in the Planning Division. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the City Planner, shall require an amendment to this Minor Habitat Management Plan Permit. As the exhibits also provide details for the El Fuerte Motorized Valves project, only those exhibits that detail improvements for the Maerkle Motorized Valves project are permitted by this approval. 2. 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 HMP 2022-0007 (PUB 2022-0008)-MAERKLE MOTORIZED VALVES PROJECT November 14, 2022 Pa e4 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 Minor Habitat Management Plan Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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. 4. 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 Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. 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. 6. All proposed work is subject to continuous compliance with all avoidance, minimization, and mitigation measures in the Final Biological Resources Study for the Carlsbad Municipal Water District (CMWD) Maerkle Motorized Valves Project (Helix, Environmental Planning, dated March 30, 2022) and the mitigation measures as stated in the -Mitigation Monitoring and Reporting Program (City of Carlsbad Sewer Master Plan & Carlsbad Municipal Water District Water and Recycled Water Master Plans Update -Program EIR & Addendum). 7. 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 HMP 2022-0007 (PUB 2022-0008)-MAERKLE MOTORIZED VALVES PROJECT November 14, 2022 Pa e 5 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 Management Plan. 8. This approval shall become null and void if construction has not commenced or building or grading permits are not issued for this project within 24 months from the date of project approval. 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $786. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal. is reached. If you have any questions regarding this matter, please feel to contact Shelley Glennon at (442) 339-2605. CITY OF CARLSBAD ERIC LARDY City Planner HMP 2022-0007 (PUB 2022-0008)-MAERKLE MOTORIZED VALVES PROJECT November 14, 2022 Pa e 6 El:SD:SG:JC CC: Emad Elias, Project Engineer Rosanne Humphrey, HMP Program Manager Scott Donnell, Senior Planner Laserfiche Data Entry File Copy