HomeMy WebLinkAboutHMP 2023-0002; 3805 ALDER AVE; Admin Decision LetterJune 12, 2023
Jennifer and Luis Jaramillo
3805 Alder Avenue
Carlsbad, CA 92008-2704
SUBJECT: HMP 2023-0002 (DEV2023-0073) -3805 ALDER AVE
{'Cityof
Carlsbad
The city has completed a review of the application for a Minor Habitat Management Plan Permit (HMP
2023-0002) for the clearing of habitat (0.79 acres of disturbed habitat and 0.07 acres of unoccupied
coastal sage scrub) to stabilize and repair a slope damaged by erosion. In addition to habitat revegetation,
the proposed work includes the excavation and recompacting of the damaged slope, as well as installation
of concrete stormwater ditches on property located at 3805 Alder Avenue (APN 207-063-25-00) and
outside of the coastal zone. Pursuant to Figure 28 of the Habitat Management Plan (HMP), the project is
not located within an Existing or Proposed Hard line Conservation Area or a Standards 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 3805 Alder Ave project site is located outside of an Existing or Proposed Hardline
Conservation Area or Standards Area pursuant to Figure 28 of the HMP.
2. That authorization to impact sensitive habitats through the removal of 0.79 acres of disturbed habitat
and 0.07 acres of unoccupied coastal sage scrub is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad, 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 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).
4. That all impacts to habitat (0.79 acres of Group-F Disturbed Land and 0.07 acres of Group-D Coastal
Sage Scrub) and all take of species will be incidental to otherwise lawful activities related to
construction and operation of the repair and subsequent revegetation project.
5. 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 project is
located outside of an Existing or Proposed Hardline Conservation Area or Standards Area; the
conditions of approval for the project will reduce impacts to migratory birds and include payment
of all applicable Habitat Mitigation In-Lieu fees; and the HMP Habitat Mitigation In-Lieu Fee
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
HMP 2023-0002 (DEV2023-0073)-3805 ALDER AVE
June 12, 2023
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Program and anticipated impacts to native habitat outside the preserve area and payment of the
in-lieu mitigation fee assists in conserving a full range of vegetation types remaining in the city, with
a focus on rare and sensitive habitats.
6. 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.
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. That the City Planner is authorized to sign the Take Permit.
9. 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 essential to fund
implementation of the City's Habitat Management Plan.
10. That the City Planner has determined 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 the preparation of environmental
documents pursuant to Section 15333, Small Habitat Restoration Projects, of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 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.
HMP 2023-0002 (DEV2023-0073}-3805 ALDER AVE
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b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to
the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior. to issuance of building permit.
12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever occurs first.
1. Approval is granted for Minor Habitat Management Plan Permit HMP 2023-0002, as shown on
Exhibits "A" -"I", dated June 12, 2023, 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 Habitat Management Plan Permit.
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 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. 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
HMP 2023-0002 (DEV2023-0073}-3805 ALDER AVE
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attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor 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.
6. 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 plants and the habitat necessary for biologically
sustainable populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
7. This project has been found to result in impacts to wildlife habitat or other lands, specifically, 0.79
acre of disturbed land and 0.07 acre of unoccupied coastal sage scrub, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for
this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with
Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The Developer is further
aware that the City has determined that all projects will be required to pay the fee in order to be
found consistent with the Habitat Management Plan and the Open Space and Conservation Element
of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee for 0.79 acre
of Group-F Disturbed Land, and 0.07 acre of Group-D Coastal Sage Scrub prior to issuance of a
grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project
is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan
and any and all approvals for this project shall become null and void.
8. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of grading permit issuance.
9. This approval shall become null and void if grading permits are not issued for this project within 24
months from the date of project approval.
10. Construction activities should be avoided during the bird breeding season (February 15 to August
31). However, if the nesting season cannot be avoided, the following measures will be
implemented:
a. A single pre-construction nesting bird survey will be conducted by a qualified biologist in
appropriate habitat for all nesting CDFG/MBTA covered bird species including the coastal
California gnatcatcher within three (3) days of construction initiation.
b. If nests of listed birds, migratory birds, raptors, or other sensitive species are located, they will
be fenced with a protective buffer of at least 500 ft. from active nests of listed species, and 300
HMP 2023-0002 (DEV2023-0073)-3805 ALDER AVE
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ft. from common bird species. All construction activity will be prohibited within this area until
all nestlings have successfully fledged.
11. The project shall comply with the following design features to further reduce potential noise
impacts to possible common and/or sensitive nesting birds and raptors potentially occurring onsite
and nesting coastal California gnatcatcher within the coastal sage scrub located south of the action
area:
a. During all Project Site excavation and grading, the construction contractors shall equip all
construction equipment, fixed or mobile, with properly operating and maintained mufflers,
consistent with manufacturers' standards.
b. The construction contractor shall place all stationary construction equipment so that emitted
noise is directed away from sensitive receptors nearest the Project Site.
c. The construction contractor shall locate equipment staging in areas that will create the greatest
distance between construction-related noise sources and sensitive receptors nearest the
Project Site during all project construction.
d. The construction contractor shall limit all construction-related activities that would result in
high noise levels according to the construction hours to be determined by City of Carlsbad staff.
12. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office of
the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a(n) Minor Habitat Management Plan
Permit on the property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this
proposed development, must be met prior to approval of a grading permit.
General
13. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
Fees/ Agreements
14. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
15. Developer shall cause property owner to execute and submit to the city engineer for recordation the
HMP 2023-0002 (DEV2023-0073)-3805 ALDER AVE
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city's standard form Drainage Hold Harmless Agreement.
Grading
16. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
17. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
18. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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 $847. 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 Lauren
Yzaguirre at (442) 339-2634.
HMP 2023-0002 (DEV2023-0073}-3805 ALDER AVE
June 12, 2023
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CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:LY:JC
· c: David Rick, Project Engineer
Rosanne Humphrey, HMP Program Manager
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