HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59811
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PLANNING COMMISSION RESOLUTION NO. 5981
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT
SEPARATE LOTS (2 FOR OFFICE BUILDINGS AND 1 FOR
OPEN SPACE) AND 8 COMMERCIAL AIRSPACE
CONDOMINIUM UNITS LOCATED ON THE NORTHEAST
CORNER OF EL CAMINO REAL AND CASSIA ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: CASSIA PROFESSIONAL OFFICES
TO SUBDIVIDE AND GRADE A 3.3 1 -ACRE PARCEL INTO 3
CASE NO: HMPP 05-06
WHEREAS, Franz-Yut El Camino, A Limited Liability Company,
“Developer,” has filed a verified application with the City of Carlsbad regarding property owned
by Bressi Daughters’ Trust U/D/T dated November 22,2000, “Owner,” described as
A portion of parcel 2 of Parcel Map 1188, recorded December
20, 1972, as File No. 340344, being a portion of fractional
Section 23, Township 12 South, Range 4 West, San Bernardino
Meridian, being within the City of Carlsbad, County of San
Diego, State of California
(“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 from 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
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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
WHEREAS, the Planning Commission did on the 2nd day of November 2005,
consider said request; and
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 CASSIA PROFESSIONAL OFFICES project is consistent with the
HMP as described in the following findings.
C) That based on the evidence presented at the hearing, the Commission
RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMPP
05-06, for the CASSIA PROFESSIONAL OFFICES based on the following
findings and subject to the following conditions:
Findings:
1. That the Cassia Professional Offices is shown in Figure 28 of the approved HMP as
being adjacent to an existing hardline area.
2. 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.
3. 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, GPA 05-03, ZC 05-01, LFMP 87-10(A), CT 05-
06, PUD 05-04, SDP 05-03, CUP 05-01, HDP 05-02, and SUP 05-01 and is subject to
all conditions contained in Planning Commission Resolutions No. 5977, 5978, 5979,
5980, 5982, 5983, 5984, 5985, 5986 and 5987 for those other approvals, including but
PC RES0 NO. 5981 -2-
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not limited to recordation of conservation easements over all conserved areas and
management and monitoring in perpetuity by a qualified conservation entity.
4. 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 Statement/Environmental Impact Report for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area (SCH No. 93 12 1073).
5. The Planning Commission 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.
6. That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the Cassia Professional Offices
project.
7. 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; 1.52 acres of acres of Southern Maritime Chaparral present with 1.15
acres preserved in place and no mitigation is required; 1.02 acres of Chaparral is
present and all will be taken and will be mitigated through payment of an in-lieu
fee; .23 acres of Coastal Sage Scrub is present with .21 acres being preserved on site
and no additional mitigation required; all of the taken .49 acres of Non-Native
Grassland will be mitigated by the payment of an in lieu fee; and .05 acres of
disturbed area will be mitigated by the payment of an in lieu fee.
8. That adequate funding 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.
9. 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.
10. That the Planning Director is authorized to sign the Take Permit.
PC RES0 NO. 5981 -3-
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Conditions:
1.
2.
3.
4.
5.
6.
If any o 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.
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 from this approval, shall require an amendment to this approval.
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.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 05-03, ZC 05-01, LFMP
87-10(A), CT 05-06, PUD 05-04, SDP 05-03, CUP 05-01, HDP 05-02 and SUP 05-01,
and is subject to all conditions contained in Planning Commission Resolutions No. 5977,
5978,5979,5980,5982,5983,5984,5985,5986 and 5987 for those other approvals.
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
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7.
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. The City is currently updating the fee study, which is expected to result in
an increase in the amount of the fee, and the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
The fee shall be paid prior to recordation of a final map, or 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.
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.
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 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 feedexactions
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 2nd day of November 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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