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HomeMy WebLinkAboutCUP 2021-0013; PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611; Admin Decision LetterMarch 30, 2022 Daniel Zimny ('Cityof Carlsbad B FILE COPY rJ?r-,,·f.ul 3/31 /2 z. City of Carlsbad Public Works -Utilities 5950 El Camino Real Carlsbad, CA 92008 SUBJECT: Dear Mr. Zimny, CUP 2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012) -PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611-Request for approval of a Minor Conditional Use Permit CUP 2021-0013, Minor Hillside Development Permit HDP 2020- 0003 and a Minor Habitat Management Permit 2020-0006 to stabilize the slope along the north side of Park Drive, and to mitigate surface erosion by removing 600 linear feet of the existing retaining wall, installing a new retaining wall and repairing portions of the failing slope. This project will address public safety and coastal access issues associated with the failing hillside. All project improvements are within the city's right of way and within easement areas, and are generally located on the north side of Park Drive, north of Agua Hedionda Lagoon, between approximately Bayshore Drive to roughly 400-feet west of Marina Drive in the Planned Community (P-C) Zone and One Family Residential (R-1-15000) Zone and in Local Facilities Management Zone 1. The City Planner has completed a review of the application for a Minor Conditional Use Permit, Minor Hillside Development Permit and a Minor Habitat Management Plan Permit to stabilize a slope and address erosion issues on parcels located on the north side of Park Drive, north of Agua Hedionda Lagoon, between Marina Drive and Bayshore Drive in Carlsbad, California (APNs 207-100-57-00, 207-150-57-00, and 207-100-67). A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on Sept. 10, 2021) were addressed or did not raise substantive issues. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Conditional Use Permit, Minor Hillside Development Permit, and a Minor Habitat Management Plan Permit can be made and therefore APPROVES this request based on the following findings and conditions. Findings: Minor Conditional Use Permit (Note: A portion of the project area is within the boundaries of Parcel Map 13337, which includes an open space easement. This easement requires a special use permit for construction within it, including grading. The project proposes grading and improvements within the easement. The special use permit required by the parcel map, which recorded in 1984, no longer exists. For this reason, a minor conditional use permit has beeri substituted as its related findings are relevant and appropriate.) Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 2 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that seasonal rains can cause sediment to wash down from the slope and temporarily block access through Park Drive until city workers can clear the sediment out of the road. The project will reduce sediment from washing down the slope through slope stabilization and by replacing some of the soil that was lost and holding it in place with new retaining walls. The project will also repair an eroded slope through regrading and replanting, improving the appearance of the area. Besides grading, drainage facilities, and retaining walls, the project proposes no other structures that might be noticeable or interfere with views. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the project is consistent with permitted uses within the zone and would help support the existing uses of the surrounding properties by helping to maintain access and by providing a regraded and stable, attractive slope and retaining wall improvements. The slope experiences seasonal erosion that impedes vehicular and pedestrian circulation, and the project will reduce further erosion of the project area by constructing retaining walls and channels to direct the flow of water to drainage facilities. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the project is adequate in size to stabilize the slope, it has been designed to mimic the contour of a natural slope and would not obstruct but enhance pedestrian or vehicle access throughout the neighborhood. The project will help assist with preserving the slope through a reduction of further erosion during seasonal rain events, and as a result will help preserve vehicle circulation and pedestrian access in the neighborhodd. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project will not generate traffic. Further, the project will reduce sediment from seasonal erosion from obstructing Park Drive, which helps maintain vehicle and pedestrian access. Minor Hillside Development Permit 5. Hillside conditions have been properly identified on the slope analysis which shows existing and proposed conditions and slope percentages in that the plans have fully demonstrated the current and proposed conditions of the slope, including all existing and proposed improvements, existing and proposed contours and limits of grading, and have been adequately analyzed so that the project can be found compliant with hillside development standards. · 6. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the slope analysis in that this project does include development that affects slopes that are twenty- five percent inclination or greater, but these slopes are manufactured, not natural; therefore, the project does not contain slopes considered "undevelopable;" regardless of slope type, slope grading impacts have been properly identified and analyzed according hillside development standards and design guidelines. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 3 7. The development proposal is consistent with the intent, purpose and requirements of the Hillside Development Ordinance, Chapter 21.95 in that the project is consistent with the Land Use and Open Space, Conservation and Recreation elements of the General Plan, impacts to the sensitive resources on the site will be mitigated, and the aesthetic qualities of the existing manufactured slope and adjacent areas will be maintained and enhanced in that the project design follows the dominant contour of the slope and improves long-term slope appearance through stabilization and relandscaping. Retaining walls will help rehabilitate and stabilize the existing manufactured slope and the project will incorporate an aesthetically pleasing design with retaining walls interspersed with landscaping to help soften and screen the walls from view. The existing hillside is a disturbed manufactured slope supporting native vegetation and impacts to the vegetation areas will be mitigated so that there is no net loss of habitat and according to specific Coastal Zone requirements. There will be no impact on lagoons or riparian ecosystems in that the project does not impact any native riparian vegetation and has been designed and conditioned to comply, through adherence to federal, state, and local regulations, with the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} as necessary to avoid increased urban run-off, pollutants and soil erosion that may flow into storm drains and eventually the lagoon. 8. The proposed grading and development will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code in that the project proposes grading, retaining wall, and drainage improvements that are confined to the manufactured portions of the slope along Park Drive and the existing storm drain/sewer easement. Further, while the project will disturb occupied coastal sage scrub in the Coastal Zone, which could be considered a "significant environmental feature as determined by the environmental review process" and thus undevelopable by Section 21.53.230, it is not in a habitat preserve or Standards Area (and is identified as a "development area" in the Habitat Management Plan}, is bordered by urban development, and is conditioned to ensure full mitigation of impacts to the coastal sage scrub. Further, the project was designed to have minimal impact to coastal sage scrub, preserving 91% of the habitat onsite, and any coastal sage scrub impacted from project grading would be replanted. Therefore, the project as proposed and mitigated would not impact a "significant environmental feature" and would not represent a significant impact as analyzed and determined in the project's Initial Study and Mitigated Negative Declaration. 9. The grading design minimizes disturbance of hillside lands in that the slope and drainage improvements will be conducted in a way that will improve the existing eroding slope and help reduce slope erosion. Further, following grading the slope will be revegetated with coastal sage scrub species. 10. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual in that the proposed project will follow contour grading to the · extent possible, will improve hillside drainage, and will replant the slope with coastal sage scrub species. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 4 11. The project is consistent with the Agua Hedionda Land Use Plan (AHLUP) a segment in the Local Coastal Plan in that it is consistent with the following sections: a) Land Use i. The project is consistent with Policy 1.1 of the land use section of the AHLUP in that the project is located in areas designated for residential use, and, as a project to stabilize a slope and reduce erosion, is consistent with the designated land use and will help preserve public and neighborhood access that otherwise would by impacted by seasonal erosion onto the adjacent street and sidewalk. b) Agriculture i. The project is located on a property that is not used or designated for agriculture purposes, and it will not change the existing land use. Therefore, it does not conflict with agriculture policies of the AHLUP. c) Environmental Sensitive Habitats, Water and Marine Resources i. The project is consistent with this section which states, in Policy 3.12 that landscaping shall be utilized as a visual buffer, be compatible with the surrounding native vegetation and preserved open space, and that all development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or non-native and drought tolerant to the maximum extent feasible; accordingly, the project will replant the graded slope with coastal sage scrub species, and a portion of the project would use a retaining wall product that would be planted with native plants that would help provide a visual buffer and soften the massing of the retaining wall. d) Geologic Hazards i. The project is consistent with Policy 4.1 which states all development must include mitigatio_n measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan {SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorpo.rated into the LCP by Reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. The project is conditioned to comply with all federal, state, and local laws and regulations and includes notes on the plans to clearly state the standards for grading and erosion control. e) Recreation/Visitor Facilities i. The project is consistent with the Recreation and Visitor-Servicing Facilities section of the AHLUP in that the project will not obstruct but would help enhance and maintain access to recreation opportunities at the lagoon by stabilizing the slope and thus removing the hazard of eroding soil obstructing the road and sidewalk even during small rain events. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAlNAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 5 f) Shoreline Access i. The project is consistent with the shoreline access section of the AHLUP in that the project will help preserve bicycle routes and pedestrian access by stabilizing the slope and removing hazard of eroding soil obstructing the road and sidewalk even during small rain events. g) Visual Resources i. The project is consistent with the Visual Resources section of the AHLUP in that the project location is not considered a significant visual resource. The project will grade a manufactured slope and create a contoured, revegetated slope, improving the area's appearance. Further, the project is in an urban area and there are no designated scenic resources on the projects site or along Park Drive the project would impact. Minor Habitat Management Plan Permit 12. That the Park Drive Street and Drainage Improvements project is shown in Figure 28 of the approved HMP as a "development area" of the HMP (i.e., not an Existing Hardline, Proposed Hard line or Standards Area). 13. That authorization to impact sensitive habitats through the removal of 0.33 acres of coastal sage scrub (0.05 acre of disturbed coastal sage scrub and 0.28 acres of Group-C occupied 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. 14. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring Report Program and is subject to all conditions contained in this administrative approval letter. 15. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habit,at 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). 16. That all impacts to habitat will be incidental to otherwise lawful activities related to construction and operation of the in that all impacts will be mitigated so that impacts are less than significant; mitigation will occur at a 2:1 ratio and include 0.66 acre of habitat restoration/creation. 17. 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; construction of the project will avoid sensitive species and vegetation to the maximum extent possible, preserving 91% of the coastal sage scrub on site; and the project is designed to help facilitate the preservation of habitat in the future by preventing and reducing further erosion and restoring and preserving habitat through replanting of graded areas and improving slope stability and drainage facilities. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 6 18. 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. 19. This project is located in the Coastal Zone and complies with the additional, general conservation standards contained in Section D.7, Standards 7-1 through 7-12 of the in that the project will mitigate at required ratios for any environmentally sensitive habitat areas that would be impacted and would replant with native vegetation, the project would have a no net loss of habitat, the project is not within a fuel modification zone, and all grading and landscaping would be in compliance with city standards. 20. The project would minimize risks to life and property in areas of high geologic, flood, and fire hazard, in that the slope stabilization will eliminate further erosion of the slope, thus preserving the remaining slope to support existing structures and keep sediment from washing into the road during a rain event and preventing the slope from becoming a high geologic hazard. The project is not within a flood or high fire hazard area. 21. The project would assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of _protective devices that would substantially alter natural land forms along bluffs and cliffs in that the project would replace existing retaining walls that are at the end of their useful life with new and better retaining walls. Additionally, all grading and improvements will occur on the manufactured portions of the slope. The grading, retaining walls, drainage improvements, and revegetation will serve to stabilize the slope, reduce erosion, and improve appearance. General Findings 22. That That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that it does not conflict with underlying land use designations and would improve the stability of the slope by regrading and replanting, repairing erosion damage, installing new drainage improvements, and installing new retaining walls to help reduce or prevent erosion and maintain public access that may otherwise be impacted by slope runoff and debris as the result of rain. 23. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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 .. 24. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 7 25. The City Planner does hereby find: a. he has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for CUP 2021-0013, HDP 2020-0003 and HMP 2020-0006 (PUB 2020-0012) -PARK DRIVE STREET AND DRAINAGE IPROVEMENTS CIP 6611, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to APPROVAL of the project; and b. the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program have 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 c. the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program reflect the independent judgment of the City Planner; and d. based on the Initial Study and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. e. the Mitigation Monitoring and Reporting Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 26. The City Planner 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. Conditions: Note: Unless specifically stated in the condition, all conditions shall be satisfied prior to commencement of construction or issuance of a building permit, whichever occurs first. Planning General 1. This project is with the permit authority area of the California Coastal Commission. This approval of a Minor Conditional Use Permit (CDP 2021-0013), Minor Hillside Development Permit (HDP 2020-0006) and Minor Habitat Management Plan Permit (HMP 2020-0003) shall be contingent on the California Coastal Commission approval of a corresponding Coastal Development Permit (CDP) issued by the California Coastal Commission. This approval shall remain in effect unless the Coastal Commission denies the corresponding CDP at which time these approvals would no longer be valid. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 8 2. After issuance of the approval of the Minor Conditional Use Permit, Minor Hillside Development Permit and Habitat Management Plan Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this-approval. A signed copy of the Coastal. Development Permit must be submitted to the City Planner. If the approval is substantially different, an amendment to Minor Conditional Use Permit, Minor Hillside Development Permit and Minor Habitat Management Plan Permit shall be required. 3. 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 Conditional Use Permit, Minor Hillside Development Permit and Minor Habitat Management Plan Permit. 4. Approval is granted for Minor Conditional Use Permit, Minor Hillside Development and Minor Habitat Management Plan Permit as shown on Exhibits "A" -"BB", dated March 29, 2022 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the City Planner, shall require an amendment to this Minor Hillside Development Permit and Habitat Management Plan Permit. 5. 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 Conditional Use Permit, Minor Habitat Management Permit and Minor Hillside Development Permit. 6. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Conditional Use Permit, Minor Hillside Development Permit and 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. 7. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 8. 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. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 9 9. Developer shall implement, or cause the implementation of, the Park Drive Slope and Drainage Improvement Project CIP 6611 Mitigation Monitoring and Reporting Program. 10. 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 Conditional Use Permit, Minor Hillside Development Permit and Minor 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 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. 11. This approval shall become null and void if not exercised within two years of the date of the Coastal Commission approval. This approval by the city may be extended pursuant to Section 21.58.040. 12. Prior to submittal of the building plans or improvement plans or before commencement of construction, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the improvement plans reflecting the conditions approved by the California Coastal Commission. 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. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building and improvement plans, as necessary. 15. 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. CUP2021-0013/HDP 2020-0003/HMP 2020~0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 10 16. This project has been found to result in impacts to wildlife habitat or other lands, specifically, 0.33 acres of occupied and disturbed coastal sage scrub, which provide benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the mitigation will be accounted for at the Crossings Golf Course. The Developer is further aware that the City has determined that all projects will be required to mitigate impacts 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 mitigate 0.33 acre of occupied and disturbed coastal sage scrub at the Crossings Golf Course. If the mitigation is not fulfilled, 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. 17. 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. Code Reminder 18. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. CUP2021-0013/HDP 2020-0003/HMP 2020-0006 (PUB 2020-0012)-PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS CIP 6611 March 30, 2022 Pa e 11 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; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or 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 the Project Planner, Scott Donnell, at 442-339-2618. Sincerely, Don Neu City Planner SD:cf c: Don Neu, City Planner HPRM/File Copy Data Entry