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HomeMy WebLinkAboutSDP 2023-0022; PALOMAR AND AVIARA OFFICE PROJECT; Admin Decision LetterOctober 25, 2023 Stan Weiler 2888 Loker Avenue East, Unit 217 Carlsbad, CA 92010 RE: PALOMAR AND AVIARA OFFICE PROJECT-SOP 2023-0022/CDP 2023-0034 Dear Mr. Weiler: {"Cityof Carlsbad VIA EMAIL AND MAIL 8FILE COPY A four-story, 84,849-square-foot office building square feet was previously approved on the project site under GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01/PIP 03-01 -KELLY/JRM OFFICE BUILDING. As a result of this previous project, a 70-foot riparian buffer was established from the edge of the riparian habitat of Encinas Creek, areas of the creek corridor were precisely identified, buffer and areas south of the creek were placed into the City's Habitat Management Plan (HMP), disturbed lands were enhanced and the riparian corridor was widened, conservation easements were recorded which provided for perpetual management and a pedestrian trail was established and constructed along the north boundary of the enhanced creek. The California Department of Fish and Game and the U.S. Fish and Wildlife Services issued resource permits for the project. The habitat buffer was determined to be acceptable with the following conditions: 1) that the public trail is placed on the periphery of the buffer; 2) that the public trail not be paved and have a permeable surface; and 3) that the buffer is planted with native vegetation. The 70-foot buffer zone-is protected by the execution of an open space and conservation easement and a General Plan Open Space designation. Given the site entitlement history, the applicant's fulfillment of those entitlement obligations, the resource agencies approval of development adjacent to the creek corridor, and that the proposed project continues to be similar in nature to the previous entitlements considered when the agreements were finalized, the City of Carlsbad (City) Community Development Department is inclined to interpret and accept that the previously identified creek corridor and buffers (per GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01/PIP 03-01 - KELLY/JRM OFFICE BUILDING), as well as any long-term conservation commitments for the creek satisfy applicable requirements. The current analysis will, therefore, focus on consistency with the HMP Adjacency Standards, on the condition that written concurrence from the USFWS and CDFW is provided, including the adoption of the established buffer and pedestrian trail as the project's southern boundary, and waving requirements for protocol surveys unless construction adjacent to the creek corridor is proposed to occur during the breeding season. The city requests written concurrence from the USFWS and CDFW 30 days from the date of the meeting with the agencies, and prior to project approval. If you have any questions regarding this matter, please feel free to contact Lauren Yzaguirre at 442-339-2634 or by email at lauren.yzaguirre@carlsbadca.gov. CITY OF CARLSBAD ZM~ ERIC LARDY City Planner Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 442-339-2600 www.carlsbadca.gov SOP 2023-0022/CDP 2023-0034 (DEV2022-0094)-PALOMAR AND AVIARA OFFICE PROJECT o,tober 25, 2023 Pa e 2 EL:LY:es c: James Mccann, 330 Encinitas Blvd, Unit 201, Encinitas, CA 92024-8705 Laserfiche/File Copy Data Entry