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HomeMy WebLinkAboutHMP 2022-0003; RANCHO CARRILLO HOA SLOPE REPAIR; Admin Decision LetterJuly 21, 2022 Daniel Valdez Coffey Engineering 9666 Businesspark Ave, Suite 210 San Diego, CA 92131 BFILE COPY (" City of Carlsbad SUBJECT: HMP 2022-0003 (DEV2021-0010) -RANCHO CARRILLO HOA EROSION REPAIR The City has completed a review of the application for a Minor Habitat Management Permit (HMP 2022- 0003) to repair erosion damage on an existing slope containing habitat. In addition to habitat revegetation, the proposed work includes the excavation and recompacting of the damaged grade as well as the removal and replacement of damaged concrete stormwater ditches on property generally located along El Fuerte Street, just west of the intersection of El Fuerte Street and Chorlito Street (APN 222-662- 26-00). The project is located within a pre-existing hardline preserve without a land manager requirement. The project is remedial and not a development project that mitigates a habitat impact. 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 Rancho Carrillo HOA project site is shown in Figure 28 of the approved HMP as an Existing Hardline Conservation Area. 2. That authorization to impact sensitive habitats through the slope repair and subsequent revegetation of 0.104 acres of Diegan 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 all avoidance, minimization, and mitigation measures in the Final Biological Technical Report for the Proposed Rancho Carrillo Slope Repair Project (Busby Biological Services, dated December 3, 2021) and the mitigation measures as stated in the Rancho Carrillo Master Association Slope Repair Project - Restoration Plan (Recon, dated March 22, 2022) and is subject to all conditions contained herein. 4. 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). Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov HMP 2022-0003 (DEV2021-0010) -RANCHO CARRILLO HOA EROSION REPAIR July 21, 2022 Pa e 2 5. That all impacts to habitat (0.104 acres of Coastal Sage Scrub) and all take of species will be incidental to otherwise lawful activities related to construction and operation of the repair and subsequent revegetation project. 6. 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 proposed repair of the eroded slope and subsequent revegetation of habitat will implement the Avoidance, Minimization, and Mitigation Measures in the Final Biological Technical Report for the Proposed Rancho Carrillo Slope Repair Project (Busby Biological Services, dated December 3, 2021) and will adhere to the city-approved Rancho Carrillo Master Association Slope Repair Project -Restoration Plan (Recon, dated March 22, 2022). Conditions of approval for the project will avoid impacts to migratory birds and disturbance of all existing habitat on the site. 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. The City Planner hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a c,omprehensive 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. Per CMC Section 21.210.040(E), the project is not required to pay habitat in-lieu fees for impacts to 0.104 acres of Coastal Sage Scrub (Group D) because the proposed slope repair is not a new development, but rather the revegetation as a result of a temporary impact. 9. 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 Small Habitat Restoration Projects -Section 15333, 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. A notice of intended decision regarding the environmental determination was advertised on June 21, 2022 and posted on the city's website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since HMP 2022-0003 (DEV2021-0010) -RANCHO CARRILLO HOA EROSION REPAIR July 21, 2022 Pa e 3 no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 18 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. c. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 11. 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: 1. Approval is granted for Minor Habitat Management Permit (HMP 2022-0003), as shown on Exhibits "A" -"D", dated July 21, 2022, 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 HMP 2022-0003 (DEV2021-0010) -RANCHO CARRILLO HOA EROSION REPAIR July 21, 2022 Pa e4 substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. 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 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. 5. 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. 6. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, 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 prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP), for impacts to 0.104 acres of Group-D (Coastal Sage Scrub) habitat. 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. 7. All proposed work is subject to continuous compliance with all avoidance, minimization, and mitigation measures in the Final Biological Technical Report for the Proposed Rancho Carrillo Slope Repair Project (Busby Biological Services, dated December 3, 2021) and the mitigation measures as stated in the Rancho Carrillo Master Association Slope Repair Project -Restoration Plan (Recon, dated March 22, 2022). HMP 2022-0003 (DEV2021-0010) -RANCHO CARRILLO HOA EROSION REPAIR July 21, 2022 Pa e 5 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 $786. 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 Esteban Danna at (442) 339-2629. CITY OF CARLSBAD ERIC LARDY City Planner EL:CJ:ED:JC c: Rancho Carrillo Master Association, 2237 Faraday Ave, #100, Carlsbad, CA 92008 Allison McLaughlin, Project Engineer Rosanne Humphrey, HMP Program Manager Eric Lardy, City Planner Laserfiche Data Entry File Copy