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HomeMy WebLinkAboutHMP 2024-0005; BOLERO RESIDENCE; Admin Decision LetterSeptember 5, 2024 Adam Kooienga 5900 Pasteur Court Carlsbad, CA 92008 SUBJECT: HMP 2024-0005 (DEV2021-0259)-BOLERO RESIDENCE {city of Carlsbad The city has completed a review of the application for a Minor Habitat Management Plan Permit (HMP 2024-0005) for the clearing of habitat (0.43 acres of unoccupied coastal sage scrub, 1.02 acres of non- native grassland, 0.23 acres of eucalyptus woodland, and 0.09 acres of disturbed habitat) to construct a single-family residence and associated accessory structures and landscaping on property located at 7335 Boler Street (APN 215-493-14-00) 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 Bolero Residence 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 0.43 acres of unoccupied coastal sage scrub, 1.02 acres of non-native grassland, 0.23 acres of eucalyptus woodland, and 0.09 acres of disturbed habitat 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 (0.43 acres of unoccupied coastal sage scrub, 1.02 acres of non-native grassland, 0.23 acres of eucalyptus woodland, and 0.09 acres of disturbed habitat) and all take of species will be incidental to otherwise lawful activities related to construction and operation of the single-family residential project. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 HMP 2024-0005 (DEV2021-0259) -BOLERO RESIDENCE September 5, 2024 Pa e 2 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 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 15303(a), New Construction or Conversion of Small Structures, 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 6 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, Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 HMP 2024-0005 (DEV2021-0259) -BOLERO RESIDENCE September 5, 2024 Pa e 3 related to the project will be installed to serve new development prior to or concurrent with need. Specifica I ly, a. The project has been conditioned to provide proof from the San Marcos Unified School District that the project has satisfied its obligation for school facilities. 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 6 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 2024-0005, as shown on Exhibits "A" -"H", dated September 5, 2024, 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 Community Deve lopment Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92 008-7314 I 442-339-2600 HMP 2024-0005 (DEV2021-0259) -BOLERO RESIDENCE September 5, 2024 Pa e 4 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 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. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 7. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy No. 17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 8. This project has been found to result in impacts to wildlife habitat or other lands, specifically, 0.43 acres of unoccupied coastal sage scrub, 1.02 acres of non-native grassland, 0.23 acres of eucalyptus woodland, and 0.09 acres of disturbed habitat, 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 0.43 acres of Group-D Coastal Sage Scrub, 1.02 acres of Group-E Non-Native Grassland, and 0.32 acres of Group-F Agricultural Land, Disturbed Land, Eucalyptus Woodland 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. 9. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of grading permit issuance. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 HMP 2024-0005 (DEV2021-0259)-BOLERO RESIDENCE September 5, 2024 Pa e 5 10. 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. 11. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the San Marcos Unified School District that this project has satisfied its obligation to provide school facilities. 12. Removal of vegetation between September 14 and February 14, prior to project development, would likely ensure that there would not be any constraints associated with the Migratory Bird Treaty Act (MBTA) because this period generally avoids the avian breeding season. If removal of vegetation during this period is not possible, then a qualified biologist shall conduct a nesting bird survey within three (3) days of proposed vegetation removal in order to prevent any violations of the MBTA and shall provide a copy of the report to the city. If active nests are identified and occupied by protected species, construction activities shall be prohibited within the immediate vicinity of such nests until such time as the young fledglings have left the nest. 13. Prior to issuance of the grading permit, Developer shall dedicate an open space easement for those portions of the lot within the 25-foot wetland buffer to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit "A" -"H". The open space easement shall be processed through the Land Development Engineering Department and shall be approved by the City Planner and City Engineer. 14. 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. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 HMP 2024-0005 (DEV2021-0259) -BOLERO RESIDENCE September 5, 2024 Pa e 6 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 $930. 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. CITY OF CARLSBAD ~~ CLIFF JONES Principal Planner CJ:LY:CF c: Lisa Fyfe, 429 Fulvia Street, Encinitas, CA 92024 David Rick, Project Engineer Rosanne Humphrey, HMP Program Manager Laserfiche Data Entry File Copy Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600