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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 61581 PLANNING COMMISSION RESOLUTION NO. 6158 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW 4 CONSTRUCTION OF A FIRE STATION ON PROPERTY GENERALLY LOCATED AT 7201 RANCHO SANTA FE ROAD APPROXIMATELY 0.5 MILE SOUTH OF SAN ELIJO 6 ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: FIRE STATION NO. 6 7 CASE NO.: HMPP 06-01 g WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified application with 9 the City of Carlsbad regarding property described as 10 That portion of Section 31, Township 12 South, Range 3 West, 1 * San Bernardino Base and Meridian, in the City of Carlsbad, 12 County of San Diego, State of California described in the corporation grant deed from the Daon Corporation to the City 13 of Carlsbad, a municipal corporation, recorded March 8,1984, as instrument number 84-85792 and also shown as being the 14 "Not A Part" Parcel on sheet 25 of 45 sheets of City of Carlsbad CT 99-04-01 Villages of La Costa - La Costa Oaks 15 South Map No. 14379 filed April 29, 2002, as File Number 16 2002-0358064 in the Office of the County Recorder of said County 17 ("the Property"); and18 . Q WHEREAS, the City of Carlsbad has received authorization to issue permits to 20 impact various sensitive species and habitats, including species listed as Threatened or 21 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 22 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 23 and 24 WHEREAS, the authority stated above is based on a plan titled Habitat25 2(. Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 27 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 28 consistency with the HMP; and WHEREAS, said verified application by Developer/Owner constitutes a request 2 for a Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning 3 Department; and 4 ,. WHEREAS, the Planning Commission did on the 16th day of August, 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 Habitat Management Plan Permit. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning , 2 Commission as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the FIRE STATION NO. 6 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 Habitat Management Plan Permit, HMPP 06-01, for the FIRE 17 STATION NO. 6 project based on the following findings and subject to the following conditions:18 in Findings; 20 1 • The development project complies with the purpose and the intent provisions of Carlsbad Municipal Code Section 21.210.10 in that: 21 a. It is consistent with General Plan goals requiring adequate public facilities, „ protection of the environment, and avoidance of habitat impacts to the maximum extent possible. 23 b. It primarily occurs on disturbed land, utilizing an existing, mostly disturbed site, existing access and utility easements, and existing disturbed road 24 right-of-way. c. It complies with the HMP through project design and mitigation measures, which are also conditions of approval. 26 2. The 0.5-acre fire station site is "not a part" of the HMP and is identified as such in 27 the document. The City acquired the site in the late 1980s before the adoption of the HMP and HCP/OMSP (1995 City of Carlsbad/Fieldstone/La Costa Associates 2° Habitat Conservation Plan/Ongoing Multi-Species Conservation Plan), which also provides for management and preservation of habitat of the area surrounding the PCRESONO. 6158 -2- fire station site. The recent realignment of Rancho Santa Fe Road caused the fire 2 station site to be 300 feet from the road and completely surrounded by preserve area. Because of its location, the project requires crossing of the preserve area and 3 has been designed and conditioned to comply with all HMP and HCP/OMSP adjacency standards and impact minimization and mitigation measures. 4 3. The proposed development is in compliance with all provisions of the Carlsbad HMP, the Implementing Agreement, the Multiple Habitat Conservation Plan (MHCP), the Natural 6 Community Conservation Plan (NCCP) and 10(a)l(B) permit conditions, the preservation requirements set forth in Carlsbad Municipal Code Section 21.210.13 and the 7 management requirements set forth in Section 21.210.14. Through project design and mitigation measures, which are incorporated as conditions of approval, the project is consistent with the HMP and no HMP amendment is necessary. The project 9 complies with all adjacency standards and has avoided and minimized habitat impacts to the maximum extent possible. To this end, the project proposes, among 10 other things, no impacts to narrow endemics, proper restrictions on grading during wildlife breeding season, no fuel modification zones, no direct impacts to any 1 sensitive plant species, and no jeopardizing of sensitive wildlife. Further, project 12 impacts to the hardline preserve area, which completely surround the fire station site, are necessary to provide access, parking, and accessory improvements, are 13 contained almost entirely on disturbed land and are completely within existing access easements and public right-of-way. Additionally, a purpose of the HMP is to 14 "allow the City to construct public facility and infrastructure projects dictated by the City's Growth Management Plan." The proposed fire station is necessary to maintain compliance with this plan. Furthermore, as conditioned, the project complies with the habitat management requirements of Section 21.210.14. 17 4. 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 the project is subject to mitigation measures requiring compliance with the HMP and the HCP/OMSCP, in including compliance with the impact avoidance and minimization measures or adjacency standards of each document (e.g., storing equipment and materials on 20 disturbed areas only, using low-impact lighting, landscaping with a non-invasive plant palette), incorporation of best management practices to limit indirect temporary impacts due to construction (e.g., dust, noise, water quality), and - limitation of project improvements and construction primarily to already disturbed areas. Furthermore, the project proposes impacts to only 0.65 acre of a habitat 23 preserve that is several hundred acres in size. 24 5. The take of covered species is consistent with the citywide incidental take permit issued 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 recovery of the species in that project impacts are related to construction of Fire Station No. 6; impacts are subject to mitigation, and will not appreciably reduce 27 species survival and recovery; and the authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat Management 28 Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the PCRESONO. 6158 -3- Terms and Conditions of the Incidental Take Permit, the Biological Opinion, and 2 the Mitigation Monitoring and Reporting Program for this project. 3 6. That the Planning Director is authorized to sign the Take Permit. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building or grading permit, whichever occurs first. 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 10 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 11 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. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 14 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 . s development, different from this approval, shall require an amendment to this approval. 17 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building or grading permit issuance. 18 4. 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 20 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 21 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 nondiscretionary, in connection with the use contemplated herein, and 23 (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 24 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. 26 As a condition of this approval, applicant must comply with the requirements of all 27 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 28 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 PCRESONO.6158 -4- fish, wildlife, native plants and the habitat necessary for biologically sustainable 2 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 3 6. Should the project be unable to mitigate at the proposed 262-acre City-owned Lake Calavera Mitigation Bank (LCMB), prior to issuance of a building or grading permit, 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 6 natural habitat outside of the LCMB in conformance with the city's Habitat Management Plan: 7 a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 9 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for 10 estimating the costs of management and monitoring of the open space lot(s) in perpetuity. 11 1 ~ c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an 13 amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The Conservation Easement shall provide that the non-wasting 14 endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). d. Record a Conservation Easement over the open space lot(s) which includes an 16 Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. 17 e. Prepare an Interim Management Plan which will ensure adequate management of the open space lot(s) until such time as a permanent preserve management plan is 18 prepared and approved by the City. 7. This approval is granted subject to the adoption of the Mitigated Negative Declaration 2Q and Mitigation Monitoring and Reporting Program for ZC 05-12, MP 149(U) and CUP 05-13, approval of ZC 05-12, MP 149(U), and CUP 05-13, and is subject to all 21 conditions contained in Planning Commission Resolutions No. 6154, 6155, 6156, and 6157 for those other approvals incorporated herein by reference. 22 8. Developer shall implement, or cause the implementation of, the Fire Station No. 6 Mitigation Monitoring and Reporting Program. 24 25 26 27 28 PCRESONO. 6158 -5- 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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 g annul their imposition. 9 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 1 1 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton 18 NOES: 19 ABSENT: Commissioner Segall 20 21 ABSTAIN: MARTELL B. MONTGOMERY, Chairperson 24 CARLSBAD PLANNINGVCOMMISSION 25 ATTEST: 26 27 DONNEU Assistant Planning Director PCRESONO. 6158 -6-