HomeMy WebLinkAbout2006-05-03; Planning Commission; Resolution 60941 PLANNING COMMISSION RESOLUTION NO. 6094
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT
4 TO ALLOW TEMPORARY IMPACTS ON NATIVE AND NON-
- NATIVE HABITATS FOR THE CONSTRUCTION OF THE
CARLSBAD SEA WATER DESALINATION FACILITY AND
6 APPURTENANT FACILITIES, INCLUDING WATER
CONVEYANCE PIPELINES, AT THE ENCINA POWER
7 STATION AND ON VARIOUS PROPERTIES AND EXISTING
AND FUTURE ROADWAYS WITHIN THE CITY OF
8 CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONES
9 3, 5, 7, 8,13,14,15, 16, AND 18
CASE NAME: PRECISE DEVELOPMENT PLAN AND
10 DESALINATION PLANT
CASE NO: HMPP 05-08
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12 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a
13 verified application with the City of Carlsbad regarding property owned by various owners,
14 "Owners," described as
Properties and existing and future street rights of way in the
15 central and northeastern portions of the City of Carlsbad, all
north of Palomar Airport Road, which include Avenida
17 Encinas, Armada Drive, Cannon Road, Car Country Drive,
College Boulevard (existing and extended), Faraday Avenue
(existing and extended), Fleet Street, Legoland Drive, Melrose
jg Drive (extended), Palomar Point Way, Paseo Del Norte, and
properties identified by Assessor's Parcel Numbers 211-021-13,
20 211-023-11, 211-022-26, 211-100-02, 211-100-13, 211-100-11,
211-023-13, 211-100-14, 211-023-12, 208-186-04, 208-186-05,
21 and 212-120-33, 210-010-41, 210-010-43, 210-010-42, 210-011-
05, and 211-010-24, 211-010-31, 208-020-44, 169-230-02, 169-
500-05, 213-020-18, 209-050-25, 212-062-08, 212-062-09, 212-
23 062-06
24 ("the Property"); and
2<WHEREAS, the City of Carlsbad has received authorization to issue permits to
26 impact various sensitive species and habitats, including species listed as Threatened or
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Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
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1 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
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and
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WHEREAS, the authority stated above is based on a plan titled Habitat
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c Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
6 2004, referred to as the HMP, and approval of all projects is contingent on a finding of
7 consistency with the HMP; and
g WHEREAS, said verified application by Developer constitutes a request for a
9 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning
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Department; and
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j2 WHEREAS, the Planning Commission did on the 3rd day of May 2006, consider
13 said request; and
14 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
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relating to the Habitat Management Plan Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning18
IQ Commission as follows:
20 A) That the foregoing recitations are true and correct.
21 B) That the PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT
project is consistent with the HMP as described in the following findings.
23 C) That based on the evidence presented at the hearing, the Commission
RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMPP
24 05-08, for the PRECISE DEVELOPMENT PLAN AND DESALINATION
PLANT project based on the following findings and subject to the following
conditions:
26 Findings;
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1. The development project complies with the purpose and the intent provisions of Carlsbad
2° Municipal Code Section 21.210.10 in that the Precise Development Plan and
Desalination Plant project proposes uses consistent with (a) the General Plan Land
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Use Element, both in terms of the Carlsbad Seawater Desalination Plant and the
2 water conveyance pipelines; and (b) the Open Space and Conservation Element in
that impacts to sensitive habitat are temporary and subject to mitigation and are
3 avoided if possible; (c) the project complies with the HMP and proposes appropriate
mitigation measures as identified in the Final EIR 03-05; (d) as further outlined in
the Final EIR 03-05, the project does not create significant impacts to covered
- species; and (e) project components are primarily concentrated in roadways, in
disturbed areas, or are constructed with techniques (e.g., trenchless construction)
6 which maintains the integrity of hardline preserve areas and preservation of
natural, diverse habitats.
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2. The proposed development is in compliance with all provisions of the Carlsbad Habitat
Management Plan (HMP), the Implementing Agreement, the Multiple Habitat
Conservation Plan (MHCP), the Natural Community Conservation Plan (NCCP) and
10(a)l(B) permit conditions, the preservation requirements set forth in Carlsbad
10 Municipal Code Section 21.210.13 and the management requirements set forth in Section
21.210.14 in that (a) while hardline preserve or standards areas are crossed by
proposed project pipelines, the crossings only occur through the use of trenchless
drilling construction techniques or in existing or future roadways. For pipeline
alignments planned in future roadways, such as College Boulevard between Cannon
13 Road and El Camino Real, pipeline construction would not precede roadway
construction; (b) mitigation for temporary habitat impacts is proposed according to
14 the ratios contained in HMP Section D.6, Table 11 and habitat disturbed will be
revegetated; (c) the project complies with HMP standards for the Coastal Zone;
(d) the project is conditioned to pay the appropriate habitat in lieu mitigation fee;
and (e) the project is conditioned accordingly with the management requirements
set forth in Section 21.210.14.
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3. The project design as approved by the city has avoided and minimized impacts to habitat
and covered species to the maximum extent feasible in that (a) all impacts to habitat
and covered species are temporary and habitat disturbed will be revegetated to the
preconstruction condition and mitigated at required ratios; (b) the project primarily
20 affects disturbed and isolated patches of habitat along roadways or in developed
areas; (c) the pipeline alignments, in many cases, have been designed to specifically
21 avoid natural habitat or vegetation impacts via the use of trenchless drilling
construction techniques and/or location of pipeline alignments within existing or
planned rights of way for circulation element roadways including Faraday Avenue,
23 College Boulevard, and Cannon Road; pipeline alignments planned in future
roadways, such as College Boulevard between Cannon Road and El Camino Real,
24 pipeline construction would not precede roadway construction; and (d) the project
is subject to mitigation measures requiring best management practices to limit
indirect temporary impacts due to construction (e.g., dust, noise, water quality).
26 4. The take of covered species is consistent with the Citywide incidental take permit issued
27 for the HMP and will be incidental to otherwise lawful activities related to construction
and operation of the project and will not appreciably reduce the likelihood of survival and
28 recovery of the species in that project impacts are temporary and are related to
construction of the Precise Development Plan and Desalination Plant project; and
PC RESO NO. 6094 -3-
the authorization to take species of concern is subject to continuous compliance with
2 all provisions of the Habitat Management Plan for Natural Communities in the City
of Carlsbad (HMD, the Citywide Incidental Take Permit issued for the HMP, the
3 Implementing Agreement, the Terms and Conditions of the Incidental Take Permit,
the Biological Opinion, and the Mitigation and Monitoring Program for Final
4 EIR 03-05.
5. The Planning Commission hereby finds that all development in Carlsbad benefits from
6 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
7 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
9 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
10 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
I* turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
12 all new development within the City is essential to fund implementation of the City's
Habitat Management Plan.
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6. That the Planning Director is authorized to sign the Take Permit.
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Conditions;
,g 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
17 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
18 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
20 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
21 Permit other than those described in the Development Agreement (DA 05-01).
99^z 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
23 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.
24 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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3. 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
27 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
28 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
PC RESO NO. 6094 -4-
nondiscretionary, in connection with the use contemplated herein, and
2 (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
3 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.
4. This approval is granted subject to the certification, adoption, and approval of the
6 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting
Program, PDP 00-02, SP 144(H), DA 05-01, RP 05-12, CDP 04-41, and SUP 05-04, and
is subject to all conditions contained in Planning Commission Resolutions No. 6087,
6088, 6089, 6090, 6091, 6092, and 6093 for those other approvals incorporated herein by
reference.
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5. Developer shall implement, or cause the implementation of, the EIR 03-05 Project
10 Mitigation Monitoring and Reporting Program.
6. 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
13 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.
7. Prior to issuance of a grading permit, building permit, or other permit or approval,
whichever occurs first, the Developer shall take the following actions to the satisfaction
of the Planning Director in relation to the open space lot(s) which are being conserved for
18 natural habitat in conformance with the city's Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses
20 b.
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qualifications to manage the open space lot(s) for conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
22 c. Based on the results of the PAR, provide a nonwasting endowment or other
financial mechanism acceptable to the Planning Director and conservation entity,
if any, in an amount sufficient for management and monitoring of the open space
24 lot(s) in perpetuity. The Conservation Easement shall provide that the nonwasting
endowment shall transfer to the City if the City accepts the Irrevocable Offer to
25 Dedicate fee title to the open space lot(s).
26 d. Record a Conservation Easement over the open space lot(s) which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
27 e. Prepare an Interim Management Plan which will ensure adequate management of
28 the open space lot(s) until such time as a permanent preserve management plan is
prepared and approved by the City.
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2 8. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, normative grassland, and disturbed lands, which provide some benefits
3 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
6 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
7 General Plan. The fee shall be paid prior to issuance of a grading permit, building permit,
or other permit or approval, 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
9 Plan and the General Plan and any and all approvals for this project shall become null and
void.
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9. The approval shall become null and void if the project does not become operational
11 within 10 years of the final discretionary approval, including the discretionary
approvals of the California Coastal Commission or other agencies, as may be
consistent with the Development Agreement (DA 05-01).
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14 NOTICE
15 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
16 "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
19 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.
21 TT^You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 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 3rd day of May 2006, by the following vote, to
wit:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall, and Whitton
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTGOMERY, (J^Trperson
CARLSBAD PLANNING COMMISSION
ATTEST:
M4RCELA ESCOBAR-ECK
Planning Director
PC RESO NO. 6094 -7-