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HomeMy WebLinkAbout2023-07-19; Planning Commission; Resolution 7488PLANNING COMMISSION RESOLUTION NO.7488 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, CDP2021-_0011, AND HABITAT MANAGEMENT PLAN PERMIT, HMP2021-0003, TO ALLOW FOR STRUCTURAL REPAIRS AND IMPROVEMENTS TO THE EXISTING CONCRETE SIDEWALK, RETAINING WALLS, AND BEACH ACCESS STAIRWAYS LOCATED ALONG THE WESTERN AREA OF CARLSBAD BOULEVARD AND THE BEACH PROMENADES FROM PINE AVENUE TO TAMARACK AVENUE ON STATE OF CALIFORNIA DEPARTMENT OF PARKS PROPERTY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE NO.: CITY OF CARLSBAD BEACH ACCESS REPAIRS CDP2021-0011/HMP2021-0003 (DEV 2021-0049) WHEREAS, City of Carlsbad, has filed a verified application regarding property the State of California owns, described as Assessor Parcel Number 204-310-01-00, 203-250-15-00, 760-166-58-00 ("the Property"); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said Project, reviewed and adopted consistent with the findings in the Planning Commission Resolution; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" -"PPPP" dated July 19, 2023, attached hereto and on file in the Carlsbad Planning Division, CDP2021-0011/HMP2021-0003 -CITY OF CARLSBAD BEACH ACCESS REPAIRS, as provided in Chapter 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 19, 2023, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 based on the evidence presented at the public hearing, the Commission APPROVES CDP2021-0011/HMP2021-0003 -CITY OF CARLSBAD BEACH ACCESS REPAIRS, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit, CDP2021-0011 1. That the proposed development is in conformance with the Certified Local Coastal Program (Mello II Segment) and all applicable policies in that the site is previously graded and designated for recreational open space. The Project consists of two major elements: upper sidewalk improvements and beach access stairway replacement. The Project complies with the following policies of the Mello II Segment of the Local Coastal Program (LCP}: preservation of scenic resources, protection of environmentally sensitive resources through the use of a Habitat Management Plan, provisions of shoreline access, and prevention of geologic instability and erosion control. 2. The Project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the Project is enhancing public access to the beach by upgrading the deteriorating stairways and expanding the width of the upper sidewalk from 9' to 11'-10", which will lead to enhanced recreational opportunities. 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. The Project site is on top of a previously graded slope that is greater than 25% and possesses Coastal Sage Scrub. However, the Project has been designed to minimize any direct impact on the slope and sensitive habitat by using the existing infrastructure that was previously approved. The · sidewalk expansion from Pine Avenue to Maple Avenue will be accomplished by replacing a 6- foot T-Beam with an 8-foot T-Beam, all while using the existing concrete support piles. No additional footings would be placed underneath the widened sidewalk. The 0.03 acres of Diegan Coastal Sage Scrub affected by this Projects is a result from the shading impact that the cantilevered sidewalk would create. Results from a Shading Impact Study conducted by KTSA, concluded that there would be seven additional minutes of shading as a result of this Project; however, it would not hinder the re-establishment of native plants. The Project includes a 2:1 mitigation ratio as required in the City's Habitat Management Plan. This is discussed further in Section "D" below. All other Project improvements are in-place replacements. 3. The Project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the Project includes maintenance work that uses the existing footprint of the infrastructure. The beach access requirements are not applicable to this Project, because it includes the maintenance of existing access from the beach to the top of the bluff. 4. 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. Habitat Management Plan, HMP2021-0003 5. That the subject site is shown in Figure 28 of the approved HMP as not within an "Existing Hardline Conservation Area" or identified "Standards Area". 6. That authorization to impact sensitive habitats, through the removal of 0.03 acres of Diegan Coastal Sage Scrub and 0.02 acres of Maritime Succulent Scrub is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP}. 7. That authorization to impact sensitive habitats 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 Attachment 2 Planning Commission Resolution -MND 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. 8. 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}. 9. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the City of Carlsbad Beach Access Repairs Project. 10. 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 site has been designed to minimize impacts to the blufftop area by using the existing infrastructure instead of adding new footings. Other Project improvements are in-place replacements. 11. 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. 12. 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. 13. 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. General 14. The Planning Commission finds that the Project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the General Plan Land Use designation for this property is Open Space (OS), and natural resources areas and recreational opportunities areas are permitted uses. The Project is consistent with the OS General Plan Land Use Designation. 15. The Project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all other city public policies and ordinances. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of construction. 1. Approval is granted for CDP2021-0011/HMP2021-0003-City of Carlsbad Beach Access Repairs as shown on Exhibit7 "A" -"PPPP", dated July 19, 2023, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 Coastal Development Permit and Habitat Management Plan Permit. 3. 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. 4. The developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer shall implement, or cause the implementation of, the City of Carlsbad Beach Access Repairs Project Mitigation Monitoring and Reporting Program. 7. 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 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 faciiity 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. 8. 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. 8. This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if the commencement of construction activities has not begun for this Project within 24 months from the date of Project approval. 10. Prior to the commencement of construction activities, 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 Coastal Development Permit and a Habitat Management Plan Permit by Resolution(s) No. 7 4 8 8 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. 11. The Project has been found to result in impacts to wildlife habitat, such as Coastal Sage Scrub and Maritime Succulent Scrub, which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this Project. 12. This approval is granted subject to the approval of a Coastal Development Permit and a Habitat Management Plan Permit and is subject to all conditions contained in Planning Commission Resolution No. 7488 for those other approvals incorporated herein by reference except for Condition No. 10. 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 offish, 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. 13. Prior to commencement of construction activities or clearing of any habitat, whichever occurs first, the Developer shall take all the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare, and obtain approval of the City Planner, CDFW, USFWS and Coastal Commission staff for, a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 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. 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. 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 fina·I 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 July 19, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Meenes, Stine NAYES: Kamenjarin, Lafferty, Sabellico ABSENT: ABSTAIN: PETER MERZ, Chair CARLSBAD PLANNING COMMISSION ATTESTf1!Y?-5 MIKE STRONG Assistant Director, Community Development