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HomeMy WebLinkAboutHMP 2020-0002; GOERTZEN RESIDENCE; Admin Decision LetterApril 23, 2020 Greg Goertzen 2382 Terraza Ribera Carlsbad, CA 92009 SUBJECT: HMP 2020-0002 (DEV 2019-0218) -GOERTZEN RESIDENCE Dear Mr. Goertzen, C City of Carlsbad The City has completed a review of the application for a Minor Habitat Management Permit HMP 2020- 0002 to allow the clearing of native habitat on property located at 2651 Acuna Court, on the southwest corner of El Fuerte Street and Acuna Court (APN 215-491-09-00). A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on February 17, 2020). 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 Goertzen Residence project site is shown in Figure 28 of the approved HMP as outside of an Existing or Proposed Hardline Conservation Area or Standards Area. 2. That authorization to impact sensitive habitats through the removal of 0.69 acre of disturbed land, and 0.08 acre 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 (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. 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 (0.69 acre of Group-F Disturbed Land, and 0.08 acre 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 single-family residential project. Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f I www.carlsbadca.gov • HMP 2020-0002 (DEV2019-0218)-GOERTZEN RESIDENCE April 23, 2020 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 for removal of all existing habitat on the site; 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 the authorization to impact sensitive habitat 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. 7. 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. 8. 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 15332, In-Fill Development 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. 9. 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, 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 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. HMP 2020-0002 (DEV2019-0218)-GOERTZEN RESIDENCE April 23, 2020 Pa e 3 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. 10. 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 HMP Permit 2020-0002, as shown on Exhibit(s) "A", dated April 23, 2020, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). 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 a II 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 Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Habitat Management 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 attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Habitat Management 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 facility permitted hereby, including without limitation, any and all liabilities HMP 2020-0002 (DEV2019-0218) -GOERTZEN RESIDENCE April 23, 2020 Pa e 4 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 CFO #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, 0.69 acre of disturbed land, and 0.08 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 0.69 acre of Group-F Disturbed Land, and 0.08 acre of Group-□ 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. 9. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10. 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. 11. 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. 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 HMP 2020-0002 (DEV2019-0218) -GOERTZEN RESIDENCE April 23, 2020 Pa e 5 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 This condition shall be included on the grading plan prior to approval of the grading permit. 13. 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) Habitat Management 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. Code Reminders: 1. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17 .04.060. 2. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction-requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. HMP 2020-0002 (DEV2019-0218) -GOERTZEN RESIDENCE April 23, 2020 Pa e 6 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 $876.00. 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 free to contact Jessica Bui at (760) 602-4631 or Jessica.Bui@carlsbadca.gov. Sincerely, -r , (\__. A• /-e.__ ,,,,-,___,, TERI DELCAMP Principal Planner TD:JB:prc c: 0on Neu, City Planner Tim Carroll, Project Engineer File Copy Data Entry HPRM