HomeMy WebLinkAbout2003-01-22; Planning Commission; Resolution 53621
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PLANNING COMMISSION RESOLUTION NO. 5362
A RESOLUTION OF THE PLANNING COMMISSION OF THE
MENDING APPROVAL OF ADDENDUM NO. 2 TO THE
HABITAT MANAGEMENT PLAN TO INCORPORATE
ADDITIONAL HABITAT CONSERVATION STANDARDS
FOR PROPERTIES LOCATED WITHIN THE BOUNDARIES
OF THE COASTAL ZONE AND TO ESTABLISH
CONFORMANCE WITH THE CARLSBAD LOCAL COASTAL
PROGRAM.
CASE NAME: HABITAT MANAGEMENT PLAN
CASE NO: DI 02-01
WHEREAS, Addendum No. 2 to the Habitat Management Plan has been
CITY OF CITY CARLSBAD, CALIFORNIA, RECOM-
prepared by the Planning Director and submitted to the Planning Commission; and
WHEREAS, the Addendum was prepared in order to establish consistency
between the Habitat Management Plan and new conservation standards being added to the
City’s Local Coastal Program; and
WHEREAS, California State law requires consistency between all Local
Coastal Plan and Zoning regulations; and
WHEREAS, the Addendum promotes the original intent of the HMP, which
is to protect sensitive habitat; and
WHEREAS, the Planning Commission did on the 22nd day of January, 2003
consider said matter and all factors relating to the Discussion Item; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the meeting, the Commission
RECOMMENDS APPROVAL of Addendum No. 2 to the Habitat
Management Plan as contained in Exhibit “X” to this resolution.
Findinm:
1. The Addendum will create consistency between the Habitat Management Plan and
the Local Coastal Plan.
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2. The Addendum is consistent with the original intent of the Habitat Management
Plan which is to ensure the conservation of sensitive habitat while also allowing
compatible economic development of public and private property.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 22nd day of January, 2003, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Whitton, Dominguez,
Heineman and Segall
Commissioner White
m R, Chairperson hudm PLANNING COMMISSION
ATTEST:
MICHAEL J. HmMILlkfiR
Planning Director
PC RES0 NO. 5362 -2-
EXHIBIT “X”
SECOND ADDENDUM TO THE
CARLSBAD HABITAT MANAGEMENT PLAN
BASED ON COMMENTS FROM
THE CALIFORNIA COASTAL COMMISSION
AND INCLUDING MISCELLANEOUS
REVISIONS
December 16,2002
Second Addendum to HMP - Page # 1
A. BACKGROUND TO SECOND ADDENDUM
The Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP)
was approved by the Carlsbad City Council on September 21, 1999. Subsequently, the
first addendum was prepared based on comments by the U.S. Fish and Wildlife Service
and California Department of Fish and Game. The completed document dated
December 1999 with Addendum was submitted to the wildlife agencies for approval of
an Incidental Take Permit under section lO(a)(l)(B) of the Endangered Species Act.
In August 2000 the federal Office of Ocean and Coastal Resource Management granted
the California Coastal Commission’s request for a Consistency Review of the HMP.
This action precluded approval of the Incidental Take Permit until the Coastal
Commission has approved the Consistency Review. The purpose of the Consistency
Review in this case is to determine whether issuance of the Incidental Take Permit to
Carlsbad would be consistent with the California Coastal Act.
As a result of discussions between the City of Carlsbad and the Coastal Commission, it
was determined that the Consistency Review should be accompanied by revisions to
the HMP and to the Carlsbad Local Coastal Program. This Second Addendum
comprises the revisions to the HMP as recommended by the Coastal Commission.
B. REVISIONS
I. Revise Section D. Conservation Strategy by the addition of a new Subsection
beginning on Page D-96 as follows:
7. Additional Conservation Standards To Be Applied To Properties in the
Coastal Zone.
7-1
7-2
Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally
sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act,
shall be protected against any significant disruption of habitat values, and
only uses dependent on those resources shall be allowed within those
areas.
Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the
ecosystems of the Coastal Zone, due in part to the presence of the
Coastal California gnatcatcher (Federal Threatened) and other species.
Properties containing Coastal Sage Scrub located in the Coastal Zone
shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be
determined in consultation with the wildlife agencies.
Second Addendum to HMP - Page # 2
7-3 Oak Woodland
An oak woodland is a closed to relatively open stand of trees within
which a dominant tree species is a species of oak. In coastal southern
California, that species is generally Coast Live Oak (Quercus agrifolia),
which is commonly found on slopes and riparian situations. Shrubs vary
from occasional to common, and the herb layer is often continuous and
dominated by a variety of annual grasses.
7-4 Streams
A stream is a topographical feature with a clear bed and bank that
periodically conveys water.
7-5 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during and shortly after rainfall events in a
typical year.
7-6 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title
14, California Code of Regulations Section 13577(b), ‘wetland’ means
lands within the coastal zone which may be covered periodically or
permanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps,
mudflats, and fens. Wetland shall include land where the water table is at, near, or above the land surface long enough to promote the formation
of hydric soils or to support the growth of hydrophytes, and shall also
include those types of wetlands where vegetation is lacking and soil is
poorly developed or absent as a result of frequent and drastic
fluctuations of surface water levels, wave action, water flow, turbidity or
high concentrations of salts or other substances in the substrate. A
preponderance of hydric soils or a preponderance of wetland indicator
species shall be considered presumptive evidence of wetland conditions.
Wetlands in the Coastal Zone shall be delineated following the definitions
and boundary descriptions in Section 13577 of the California Code of
Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts
to wetlands shall be allowed in the Coastal Zone except as provided in
that Section.
7-7 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 7-6 above,
mitigation shall be provided at a ratio of 3:l for riparian impacts and 4:l
for saltwater or freshwater wetland or marsh impacts.
7-8 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent
Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native
Grassland, and Oak Woodland within the Coastal Zone of Carlsbad.
Mitigation for impacts to any of these habitat types, when permitted, shall
Second Addendum to HMP - Page # 3
include a creation component that achieves the no net loss standard.
Substantial restoration of highly degraded areas (where effective
functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and
Wildlife Service and the California Department of Fish and Game (wildlife
agencies). The Coastal Commission shall be notified and provided an
opportunity to comment upon proposed substitutions of substantial
restoration for the required creation component. Development shall be
consistent with Policy 7-1 of this subsection, unless proposed impacts
are specifically identified in the HMP; these impacts shall be located to
minimize impacts to Coastal Sage Scrub and maximize protection of the
Coastal California gnatcatcher and its habitat.
7-9 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 7-1 are allowed, mitigation shall
be provided as follows:
a. The no net loss standard shall be satisfied as stated in 7-8. Typically
this will consist of creation of the habitat type being impacted (or
substantial restoration where allowed) at a ratio of at least 1:l as
provided in the HMP.
b. Onsite preservation is not eligible for mitigation credit in the coastal
zone. Onsite or off-site open space preserve areas may be utilized to
satisfy required mitigation for habitat impacts associated with
development if the preserve areas are disturbed and suitable for
restoration or enhancement, or they are devoid of habitat value and
therefore suitable for the 1 :1 mitigation component requiring creation
or substantial restoration of new habitat. Substantial restoration is
restoration that has the effect of qualitatively changing habitat type
and may meet the creation requirement if it restores habitat type that
was historically present, but has suffered habitat conversion or such
extreme degradation that most of the present dominant species are
not part of the original vegetation. Substantial restoration contrasts
with enhancement activities which include weeding or planting within
vegetation that retains its historical character, and restoration of
disturbed areas to increase the value of existing habitat which may
meet other mitigation requirements pursuant to the HMP.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of
2:1, with the creation component satisfying half of the total obligation.
The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub
shall be mitigated at an overall ratio of 3:1, with the creation
component satisfying one-third of the total obligation. The remainder
of the mitigation obligation shall be satisfied pursuant to the
provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland, and Oak
Woodland shall be mitigated respectively at ratios of 1 :1, 3:1, and
3:1, with the creation component satisfying the obligation or one-third
of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
Second Addendum to HMP - Page # 4
f. Mitigation for impacts within the coastal zone should be provided
within the coastal zone if possible, particularly the 1:l creation
component, in order to have no net loss of habitat within the coastal
zone. Mitigation measures on land outside the Coastal Zone may be
acceptable if such mitigation would clearly result in higher levels of
habitat protection and value and/or would provide significantly
greater mitigation ratios, and the mitigation area is part of the HMP.
Land area inside and outside the coastal zone which serves as
mitigation for habitat impacts in the coastal zone shall be
permanently retired from development potential and secured as part
of the HMP preserve. management plan as a condition of
development approval.
g. Habitat mitigation requirements other than the creation or substantial
restoration component may be partially or wholly fulfilled by
acquisition of existing like habitat and/or retirement of development
credits on existing like habitat with permanent preservation as part of
the HMP preserve management plan.
h. All mitigation areas, onsite and offsite, shall be secured with a
conservation easement in favor of the wildlife agencies. In addition, a
preserve management plan shall be prepared for the mitigation
areas, to the satisfaction of the City, the wildlife agencies, and the
Coastal Commission. The preserve management plan shall ensure
adequate funding to protect the preserve as open space and to
maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding shall be in place prior to any
impacts to habitat. At a minimum, monitoring reports shall be
required as a condition of development approval after the first and
third year of habitat mitigation efforts. The preserve management
plan shall be incorporated into the Implementation Plan of the LCP
through an LCP amendment within one year of Commission
certification of the HMP as part of the certified LCP.
i If any conflict should arise between the provisions of the HMP and
the policies of the LCP, the LCP shall take precedence.
7-10 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost
entirely constrained by environmentally sensitive habitat area (ESHA). In
these cases, one of the following additional standards shall apply:
a. If more than 80% of the property by area is covered with ESHA at
least 75% of the property shall be conserved, OR
b. If the City, with the concurrences of the wildlife agencies and the
Coastal Commission through an LCP amendment, approves a
Hardline preserve boundary for any of these properties as part of
the HMP, then the amount of onsite preservation as identified in the
Hardline boundary shall apply.
7-1 1 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development, Minimum buffer widths shall be provided as follows:
a. 100 ft. for wetlands
b. 50 ft. for riparian areas
Second Addendum to HMP - Page # 5
b. 50 ft. for riparian areas
c. 20 ft. for all other native habitats (coastal sage scrub, southern
maritime chaparral, maritime succulent scrub, southern mixed
chaparral, native grassland, oak woodland).
Buffer widths shall be measured from the edge of preserved habitat
nearest the development to the closest point of development. For
wetlands and riparian areas possessing an unvegetated bank or steep
slope (greater than 25%), the buffer shall be measured from the top of
the bank or steep slope-rather than the edge of habitat, unless there is at
least 50 ft. between the riparian or wetland area and the toe of the slope.
If the toe of the slope is less than 50 feet from the wetland or riparian
area, the buffer shall be measured from the top of the slope.
Any proposed reductions in buffer widths for a specific site shall require
sufficient information to determine that a buffer of lesser width will protect
the identified resources. Such information shall include, but is not limited
to, the size and type of the development and/or proposed mitigation
(such as planting of vegetation or the construction of fencing) that will
also achieve the purposes of the buffer. The California Department of
Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal
Commission staff shall be consulted in such buffer determinations.
No development, grading, or alterations, including clearing of vegetation,
shall occur in the buffer area, except for:
a. Fuel modification Zone 3 to a maximum of 20 ft. for upland and non-
riparian habitat. No fuel modification shall take place within 50 ft. of
riparian areas, wetlands, or oak woodland.
b. Recreation trails and public pathways within the first 15 feet of the
buffer closest to the development, provided that construction of the
trail or pathway and its proposed use is consistent with the
preservation goals for the adjacent habitat, and that appropriate
measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences
shall be required to minimize edge effects of development.
7.12 Grading and Landscaping Requirements
In addition to the requirements of the model grading ordinance in the
Carlsbad Master Drainage Plan, permitted new development shall also
comply with the following requirements:
a. Grading activity shall be prohibited during the rainy season: from
October 1 st to April 1 st of each year.
b. All graded areas shall be landscaped prior to October 1st of each
year with either temporary or permanent landscaping materials, to
reduce erosion potential. Such landscaping shall be maintained and
replanted if not well-established by December 1st following the initial
planting.
Second Addendum to HMP - Page # 6
c. The October 1st grading season deadline may be extended with the
approval of the City Engineer subject to implementation by October
1st of special erosion control measures designed to prohibit
discharge of sediments off-site during and after the grading
operation. Extensions beyond November 15th may be allowed in
areas of very low risk of impact to sensitive coastal resources and
may be approved either as part of the original coastal development
permit or as an amendment to an existing coastal development
permit.
d. If any of the responsible resource agencies prohibit grading
operations during the summer grading period in order to protect
endangered or rare species or sensitive environmental resources,
then grading activities may be allowed during the winter by a coastal
development permit or permit amendment, provided that appropriate
best management practices (BMPs) are incorporated to limit potential
adverse impacts from winter grading activities.
7.13 City Owner Lands Adjacent To Macario Canyon and Veterans Memorial
Park
The City of Carlsbad owns approximately 521 acres in and adjacent to
Macario Canyon, a portion of which is located in the Coastal Zone. A
municipal golf course has been proposed for a portion of the property,
and a public park is planned for another portion. Development of the property shall be subject to the following policies regarding protection of
habitat:
a. The impact and conservation areas for the municipal golf course are
shown as a Hardline design in the HMP (Figure B Revised) and,
which shall serve as the standard of review for determining areas in
which development may occur in the future. Areas shown for
conservation shall not be impacted or disturbed except for
revegetation, restoration, and other similar activities related to
mitigation. Areas shown for impact may be fully developed with
appropriate mitigation.
b. Any impacts to Coastal Sage Scrub shall be mitigated by on-site
creation at a ratio of 2:l in compliance with the no net loss standard
stated in 7-1. Onsite revegetation or restoration may be done on
agricultural, disturbed or non-native grassland areas. For impacts to
the Coastal California gnatcatcher, additional mitigation shall be
provided by acquisition and preservation at a 1:l ratio of land
supporting gnatcatchers. Impacts to dual criteria slopes shall not
exceed 10%.
c. In order to provide a viable north-south wildlife corridor across
Macario Canyon, the area shown on the HMP Hardline map as
“Veterans Memorial Park Wildlife Corridor“ shall be conserved concurrent with any impacts to the Macario Canyon property. No
development shall occur within the Wildlife Corridor except a
designated trail and rest areas along the trail.
d. Protection and management of all mitigation areas shall be
consistent with 7-9(f) and (h).
Second Addendum to HMP - Page # 7
7-14
e.
f.
g-
h.
A.
B.
C.
D.
The area shown as Veterans Memorial Park Development Area" is
designated for public recreational use. It is the intent of this policy
that the public park area be developed so as to maximize public
access and provide a variety of recreational opportunities. Steep
slope areas shall be planned for more passive type uses with grading
of such areas limited to the amount necessary to allow such uses.
Segments of the Citywide Trail System viewpoints, and other
opportunities for public access shall be incorporated into the
development areas.
In the riparian area of Macario Canyon Creek, two crossings shall be
allowed, as shown in the HMP Hardline exhibit. Crossing #I shall
utilize the existing farm road. Crossing #2 shall utilize a bridge span
structure. No riparian impacts shall occur for either crossing.
The design of riparian buffers shall be as shown in the HMP. Buffers
shall be landscaped with appropriate native, non-invasive plants to
provide a natural transition between recreational areas and riparian
habitat, as well as to discourage human intrusion into the riparian
area. Appropriate signing and fencing will also be utilized.
Other Parcels - Specific Habitat Protection Standards
The following standards apply to those parcels in Zones 20 and 21 shown on Exhibit A to this Addendum which are located within the
biological core and linkage areas designated in the MHCP. They are
in addition to the applicable, general conservation standards
contained in 7-1 through 7-11 and the HMP. The standards are
intended to direct development to existing disturbed areas to the
maximum extent feasible, limit impacts to native vegetation, and
establish viable core and linkage areas as delineated in the HMP. In
general, each property shall be allowed to develop at least 25% of
the site with appropriate mitigation as specified in 7-8 through 7-1 1.
When individual properties are proposed for rezoning or
development, detailed biological information will be required to
determine whether the proposal is consistent with the HMP,
subsection 7 and the standards below, based upon the actual type,
location and condition of onsite resources, and the appropriate
locations of development and preservation areas.
Assessor's Parcel No. 207-100-48 (Aura Circle) - Avoid removal of maritime succulent scrub. Preserve at least 75% of coastal sage
scrub. Mitigate habitat impacts by creation or enhancement of like
habitat adjacent to Agua Hedionda Lagoon if possible, as part of
overall mitigation requirements.
Assessor's Parcel No. 212-120-33 (Hieatt) - No impact to vernal
pools. Minimize impact to vernal pool watersheds.
Assessor's Parcel No. 212-010-3 (Kirgis) - Preserve 75% of property
with development clustered immediately adjacent to Kelly Ranch.
Assessor's Parcel No. 215-070-38 (Fernandez) - Cluster
development on disturbed areas to the maximum extent feasible.
Maximum 10% impact on CSS and SMC for access purposes.
Second Addendum to HMP - Page # 8
E. Assessor’s Parcel No. 215-040-03 (Muroya) - Cluster development
on disturbed areas to the maximum extent feasible. Maximum 10%
impact on CSS and SMC for access purposes.
F. Assessor’s Parcel No. 21 5-070-13 and 36 (Promenade) - Cluster
development on disturbed areas. No impacts to native habitat
allowed.
G. Assessor’s Parcel No. 214-1 70-54, 58, 59, 72, 74, 75, 79, 80, 81, 84
and 85 (ThompsonKabata) - Cluster development on disturbed areas. No impacts to native habitat allowed.
H. Assessor’s Parcel No. 215-80-04 and 22 (Redeemer by the Sea) -
Cluster development on disturbed areas. No impacts to native
habitat allowed.
I. Assessor’s Parcel No. 212-040-50 (Emerald Point) - Development
limited to disturbed and non-native grassland areas. No impacts to
native habitat allowed.
J. Assessor‘s Parcel No. 215-020-06 (RWSB) - Development limited to
disturbed portion of property adjacent to Cassia Lane. Impacts to
SMC habitat limited to construction of Poinsettia Lane and additional
10% encroachment for onsite access.
K. Assessor’s Parcel No. 215-020-07 (Maldonado) - Cluster
development southwest of future Poinsettia Lane extension. No
impacts to the coast oak woodland and riparian area except for
Poinsettia Lane extension. Consider wildlife crossing through
Poinsettia Lane if required by wildlife resource agencies. The
disturbed area northeast of Poinsettia Lane is recommended for
offsite mitigation for other properties in Zone 21.
L. Assessor’s Parcel No. 215-050-21 (Namikas) - Development shall be
limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered on the western portion of
the property. No impacts to coast oak woodland, riparian areas or
wetlands except for Poinsettia Lane extension.
M. Assessor’s Parcel No. 215-050-22 (Sudduth) - Development shall be
limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered on the western portion of
the property. No impacts to coast oak woodland, riparian areas or
wetlands except for Poinsettia Lane extension.
N. Assessor’s Parcel No. 215-050-44, 45, 46, 47 (Kevane) -
Development shall be limited. to a maximum of 25% of the property,
not including Poinsettia Lane construction, and shall be clustered on
the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane
extension
0. Assessor’s Parcel No. 215-050-12 (Reiter) - Development shall be
limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered on the western portion of
the property. No impacts to coast oak woodland, riparian areas or
wetlands except for Poinsettia Lane extension.
Second Addendum to HMP - Page # 9
2.
3.
P. Assessor’s Parcel No. 215-050-73 (Levatino) - Maximum 25%
development clustered on the southern portion of the property.
The parcel specific standards listed above are adopted because hardline
preserve boundary lines were not established at the time of preparation
of the HMP. The purpose of the standards is to ensure that future
development is sited to preserve the maximum amount of ESHA within
the coastal zone, and to establish a viable habitat corridor and preserve
area in Zones 20 and 21. If the City, with the concurrence of the wildlife
agencies and the Coastal Commission through an LCP amendment,
subsequently approves a Hardline preserve boundary for any of the
above-described properties as part of the HMP, then the onsite
preservation included in the Hardline preserve boundary shall apply.
The attached Figure 8 - Revised - City Golf Course shall replace the existing
Figure 8 on Page D-19.
Hardline Preserve Boundary maps (attached) for the Summit Property and the
Mandana Property shall be incorporated into the HMP and identified as Figures
34 and 35.
Second Addendum to HMP - Page # 10
Figure 8 = Revised
City Golf Course
850 425 0 850 S
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Feet
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Figure 34
Summit at Carlsbad Property +E
S
Printed 02 January 2003 /carais2/products/planninglr368.02/summl
Figure 35
Mandana Property