HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59391
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PLANNING COMMISSION RESOLUTION NO. 5939
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE
TAKE OF SENSITIVE HABITAT FOR THE FOXMILLER
PROPERTY ON PROPERTY GENERALLY LOCATED WEST
OF EL CAMINO REAL, NORTH OF FARADAY AVENUE
AND SOUTH OF COLLEGE BOULEVARD.
CASE NAME: FOX MILLER PROPERTY
CASE NO: HMPP 05-05
WHEREAS, Fenton Carlsbad Research Center, LLC A California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
Assessor’s Parcel Numbers: 212-020-23-00
(“the Property”); and
WHEREAS, the City of Carlsbad has received authorization to issue permits to
impact various sensitive species and habitats, including species listed as Threatened or
Endangered, by virtue of Incidental Take Permit No. TE022606-0 fiom the U.S. Fish and
Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
and
WHEREAS, the authority stated above is based on a plan titled Habitat
Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
2004, referred to as the HMP, and approval of all projects is contingent on a finding of
consistency with the HMP; and
WHEREAS, said verified application by Developer constitutes a request for a
Habitat Management Plan Permit pursuant to the City’s authority, on file in the Planning
Department; and
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WHEREAS, the Planning Commission did on the 3rd day of August 2005,
nsider said request; and C
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That the FOX/MILLER project is consistent with the HMP as described in the
following findings.
C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMPP 05-05, for the FOX
MILLER PROPERTY based on the following findings and subject to the
following conditions:
Findinm:
1. That the FOX MILLER PROPERTY is shown in Figure 21, Section D, of the approved
HMP as a hardline project.
2. That the project will modify the hardline area and the findings for equivalency can
made in that there is a net gain of 1.1 acres of habitat that contains brodiaea being
preserved by the modification.
3. That the project involves the take of 2.66 acres of Diegan Coastal Sage Scrub, .19
acres of Valley Needlegrass, and 4,644 sq ft (4.9% of the total population) of thread
leaved brodiaea habitat.
4. That authorization to take species of concern 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.
5. That authorization to take species of concern is subject to continuous compliance with all
mitigation measures as stated in the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and all conditions of approval of CT 00-20, SUP
00-10, and HDP 00-11 and their amendments, including but not limited to recordation
PC RES0 NO. 5939 -2-
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of conservation easements over all conserved areas, seasonal grading restrictions, and
management and monitoring in perpetuity by a qualified conservation entity.
That authorization to take species of concern is subject to continuous compliance with the
provisions of Volumes I, I1 and I11 of the Multiple Habitat Conservation Program and the
Final Environmental Impact StatemenUEnvironmental Impact Report for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area (SCH No. 93121073).
That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the Fox Miller project.
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.
That adequate fbnding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the
HMP Implementing Agreement.
That the incidental take of species of concern 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.
That the Planning Director is authorized to sign the Take Permit.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Habitat Management Plan
Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Habitat Management Plan Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different fiom this approval, shall require an amendment to this approval.
3. 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
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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.
Developer/Operator shall and does hereby agree to indemnifjr, 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and the Mitigation Monitoring and reporting Program, CT 00-20x2(A), SUP 00-
1Ox2(A), HDP OO-llx2(A) and is subject to all conditions contained in Planning
Commission Resolutions No. 5935, 5936, 5937, and 5938 for those other approvals
incorporated herein by reference.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
PC RES0 NO. 5939 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of August 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
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