HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 58921 PLANNING COMMISSION RESOLUTION NO. 5892
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE
4 TAKE OF 0.78 ACRES OF COASTAL SAGE SCRUB FOR THE
5 LAKE CALAVERA RESERVOIR REMEDIAL
IMPROVEMENT PROJECT ON PROPERTY GENERALLY
6 LOCATED APPROXIMATELY 900 TO 1 ,200 FEET SOUTH OF
THE INTERSECTION OF TAMARACK AVENUE AND
7 KNOLLWOOD DRIVE, IN LOCAL FACILITIES
MANAGEMENT ZONE 7.
8 CASE NAME: LAKE CALAVERA RESERVOIR REMEDIAL
9 IMPROVEMENTS
CASE NO.: HMPP 05-03
10
WHEREAS, Carlsbad Municipal Water District, "Developer/Owner," has filed
-, 2 a verified application with the City of Carlsbad regarding property described as
13 A portion of Lots D and L of Rancho Agua Hedionda,
according to Map No. 823, filed in the Office of the County
14 Recorder of San Diego County on May 1, 1915, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, the City of Carlsbad has received authorization to issue permits to
1 ft impact various sensitive species and habitats, including species listed as Threatened or
19 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
20
Wildlife Service and National Community Conservation Planning Permit No. 2835-2004-001-
21
22
23 WHEREAS, the authority stated above is based on a plan titled Habitat
24 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
26 consistency with the HMP; and
27
28
WHEREAS, said verified application by Developer constitutes a request for a
2 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning
3
Department; and
4
5 WHEREAS, the Planning Commission did, on the 18th day of January 2006,
6 consider said request; and
7 WHEREAS, at said hearing, upon hearing and considering all testimony and
o
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
9 relating to the HMPP.
10
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
, 2 Commission of the City of Carlsbad as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That the LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS
project is consistent with the HMP as described in the following findings.
16 C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMPP 05-03, for the LAKE
17 CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS based on the
following findings and subject to the following conditions:18
19 Findings;
20 1. That the LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS is
shown on Figure 18, Section D, of the approved HMP as a hardline area.21
22 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
23 Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the
Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and
24 the Biological Opinion.
25 3. That authorization to take species of concern is subject to continuous compliance with all
26 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and all conditions of approval for CUP 04-11,
27 including but not limited to habitat restoration and preservation, fencing of limits of
construction prior to clearing, and monitoring of clearing activities for impacts to birds by
a qualified biologist, and seasonal restriction on clearing and grubbing activities.
PC RESO NO. 5892 -2-
4. That authorization to take species of concern is subject to continuous compliance with the
2 provisions of Volumes I, II, and III of the Multiple Habitat Conservation Program and
Final Environmental Impact Statement/Environmental Impact Report for Threatened and
3 Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area (SCH No. 93121073).
4
<- 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the Lake Calavera Reservoir
6 Remedial Improvements project.
7 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.o
9 7. 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
10 HMP Implementing Agreement.
8. That the incidental take of species of concern as a result of the project will not
, 2 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
13 and reporting to the wildlife agencies and the public.
14 9. That the Planning Director is authorized to sign the Take Permit.
Conditions;
16
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
17 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
in 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
20 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
21 or a successor in interest by the City's approval of this Habitat Management Plan
22 Permit.
23 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
24 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.
26 3. If any condition for construction of any public improvements or facilities, or the payment
27 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
2° 66020. If any such condition is determined to be invalid this approval shall be invalid
PC RESO NO. 5892 -3-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 4. This approval is granted subject to approval of the Mitigated Negative Declaration and
CUP 04-11 and is subject to all conditions contained in Planning Commission
Resolutions No. 5890 and 5891 for that other approval incorporated herein by reference.
NOTICE
6
_ 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
g "fees/exactions."
9 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
11 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
12 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
15 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
16 expired.
17
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 5892 -4-
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
2
Commission of the City of Carlsbad, California, held on the 18th day of January 2006 by the
3
following vote, to wit:
4
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
6
NOES:
7
ABSENT:o
9 ABSTAIN,
10
11
12 MARTELL B. MONTGOMERl^hairperson
CARLSBAD PLANNING COMMISSION
13 "
14
15
16
DONNEU
17 Assistant Planning Director
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 5892 -5-