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HomeMy WebLinkAboutHDP 10-03; La Costa Avenue Slope Repair; Hillside Development Permit (HDP)^C IT Y O F Planning Division www.carisbadca.gov August 30, 2010 Sherri Howard Associate Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: HDP 10-03/HMP 10-01 - LA COSTA AVENUE SLOPE REPAIR The City has completed a review of the applications for a Hillside Development Permit and a Habitat Management Plan Permit to repair a slope that has experienced partial failure and allow the clearing of native habitat on property generally located south of La Costa Avenue and 740 feet west of Romeria Street. The slope failure is approximately 50 feet wide at the toe of the slope and extends approximately 12-feet up slope. The small slope failure is located within an existing cut slope. The cut slope is approximately thirty feet high and daylights into a natural slope that extend an additional 50 feet upslope. The project was designed to minimize impacts to biological resources and is limited to slope repair and the construction of above and below grade drainage structures. The work zone is constrained by existing factors such as topography, vegetation, location relative to the existing La Costa Avenue, and need to repair the slope. The project takes place within City-owned property. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the project and circulated for public review and comment. A Notice of Determination will be filed will the County and State pursuant to the provisions of CEQA. It is the City Planner's determination that: a. The project is consistent with the City's Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) and Chapter 21.210 of the Carlsbad Municipal Code; b. The project is consistent with the City's Hillside Development Ordinance, Chapter , 21.95 of the Carlsbad Municipal Code; and, c. There is no substantial evidence the project will have a significant effect on the environment. Therefore, the City Planner approves this request and adopts a Mitigated Negative Declaration based on the following: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 HDP 10-03/HMP 10-01-LA COSTA AVENUE SLOPE REPAIR August 30, 2010 Page 2 Findings for HDP 10-Q3: 1. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Project plans adequately show the existing and proposed grades, as well as the proposed drainage structures. 2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. The project does not have any areas identified as "undevelopable" by Section 21.53.230. Project development consists only of grading and installation of drainage structures. No development in terms of buildings, roads, or publicly-accessible improvements is proposed. 3. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95. The project complies with the purpose and intent of the ordinance, which is to preserve and/or enhance the aesthetic qualities of natural hillsides and manufactured slopes. The project is excluded from the development standards of 21.95.120 per section 21.95.130A.3. which excludes hillsides with unusual geotechnical or soil conditions that necessitate corrective work. However, the repair project is designed to return the slope to a condition similar to the pre-construction condition. 4. The proposed grading and development will not occur in the undevelopable portions of the site. As identified in Finding 2, the project does not have any areas identified as "undevelopable" by Section 21.53.230. 5. The grading design minimizes disturbance of hillside lands. The project is necessary to prevent a major slope failure. By removing the saturated soil, improving drainage, and reconstructing the slope, the project would help to prevent future disturbances to the hillside. 6. The project design.substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual. The project generally maintains existing topography and improves the existing drainage which will improve hillside appearance. In addition, the project is excluded from the development standards of 21.95.120 per section 21.95.130A.3 as stated in finding 3 above. Findings for HMP 10-01: 7. That the La Costa Avenue Slope Repair project location is shown in Figure 28 of the approved HMP as Existing Hardline Conservation Area. The HMP allows for the maintenance of existing facilities located in Hardline Conservation Areas, and an objective of the HMP is to provide for the continued implementation of the City's Growth Management Plan, which specifies the City maintain adequate drainage facilities. 8. That authorization to impact sensitive habitats through the removal of 0.014 acre of coastal sage scrub, 0.017 of disturbed habitat, and 0.063 acre of freshwater marsh is subject to continuous compliance with all provisions of the Habitat Management Plan HDP 10-03/HMP 10-01 - LA COSTA AVENUE SLOPE REPAIR August 30, 2010 Page 3 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. 9. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained herein, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 10. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and III 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). 11. That all impacts to habitat will be incidental to otherwise lawful activities related to construction and operation of the La Costa Avenue Slope Repair project. 12. 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 existing slope is failing and the project is designed to only impact the areas necessary to repair the slope. If the area was to be left alone, a failure could potentially impact more habitat than is proposed to be impacted. The slope repair will install above and below grade drainage improvements that will help prevent future slope failure and damage to existing habitat. Furthermore, the project site is within a larger area that is under active management and monitoring by the City for its biological/habitat value. 13. 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: a. The facts stated in these findings and compliance with the conditions of approval; b. Ongoing monitoring and reporting to the wildlife agencies and the public, such as through the Carlsbad HMP Annual Report; c. The location of the project, which is largely disturbed, on a steep slope and directly adjacent to La Costa Avenue and a residential area; d. The small site (3,200 square feet) of area to be disturbed and the fragmented nature of habitat within it; and e. The need for only periodic maintenance visits to clear debris from drainage structures. 14. Mitigation of habitat impacts, whether at Lake Calavera or as required by relevant agencies, is required by the project's Mitigation Monitoring and Reporting Program (MMRP) and is necessary to ensure consistency with the HMP and General Plan. o • c" HDP 10-03/HMP 10-01-LA COSTA AVENUE SLOPE REPAIR August 30, 2010 Page 4 Findings for both permits 15. The City Planner of the City of Carlsbad does hereby find: a. he has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for La Costa Avenue Slope Repair- HDP 10-03/HMP 10-01, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflect the independent judgment of the City Planner of the City of Carlsbad; and c. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to clearing of any habitat or issuance of a notice to proceed, whichever occurs first. 1. Approval is granted for HDP 10-03/HMP Permit 10-01, as shown on Exhibits "A" - "B," dated August 23, 2010, incorporated by reference and on file in the Planning Department. 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 Habitat Management Plan Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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. HDP 10-03/HMP 10-01 -LA COSTA AVENUE SLOPE REPAIR August 30, 2010 PageS 4. If any conditions 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), and is subject to all conditions contained herein. Applicant shall implement, or cause the implementation of the MMRP. 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. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the approved plans reflecting the conditions approved by the City Planner. CITY OF CARLSBAD DAVID de CORDOVA Principal Planner DD:CG:bd c: Don Neu, City Planner Scott Donnell, Senior Planner Chris Garcia, Junior Planner File Copy Data Entry