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HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 61091 PLANNING COMMISSION RESOLUTION NO. 6109 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 FOR THE ROBERTSON RANCH MASTER PLAN FOR - PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL, EAST OF TAMARACK AVENUE, EAST 6 AND WEST OF COLLEGE BOULEVARD, AND EAST AND WEST OF CANNON ROAD IN LOCAL FACILITIES 7 MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH MASTER PLAN 8 CASE NO: HMP 06-04 9 WHEREAS, Calavera Hills II, LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, and 12 Gary Robertson and Brian Robertson, as co-successor trustees of the Robertson Family 13 1995 Trust dated April 19,1995, as to an undivided one-half interest; Gary Robertson and 14 Brian Robertson, co-successor trustees under Declaration of Trust dated October 8, 1976, as to an undivided 7% interest; and Gary Robertson and Brian Robertson, co-successor 16 trustees of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989, as to an undivided 17 43% interest, "Owners," described as:18 Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California. 20 According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: 22 Parcel 1: 23 Parcel 1 on Certificate of Compliance recorded November 28, 2001, as File No. 2001-0865064 of Official Records; 24 Parcel 2: 25 Parcel 2 on Certificate of Compliance recorded November 28, 2001, as File No. 2001-0865065 of Official Records;26 Parcel 3: 27 Parcel 1 and the remainder parcel of Carlsbad Minor 2g Subdivision 02-10 as shown on Parcel Map No. 19804 recorded August 3,2005, as File No. 2005-0659805 of Official Records; 1 ("the Property"); and 2 WHEREAS, the City of Carlsbad has received authorization to issue permits to 3 impact various sensitive species and habitats, including species listed as Threatened or 4 5 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 6 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 7 and g WHEREAS, the authority stated above is based on a plan titled Habitat 9 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 10 2004, referred to as the HMP, and approval of all projects is contingent on a finding of ,~ consistency with the HMP; and 13 WHEREAS, said verified application by Developer constitutes a request for a 14 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning Department; and 16 WHEREAS, the Planning Commission did on the 31st day of May, 2006, 17 consider said request; and18 19 WHEREAS, after hearing the staff presentation for the Robertson Ranch 20 Master Plan and public testimony on the project, the Planning Commission did continue 21 the public hearing to June 21,2006; and 22 WHEREAS, after hearing the additional staff presentation for the Robertson 23 Ranch Master Plan and public testimony on the project, the Planning Commission did 24 continue the public hearing to a date uncertain; and 2g WHEREAS, the Planning Commission did on the 20th day of September, 27 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan 28 project; and PCRESONO. 6109 -2- WHEREAS, at said hearing, upon hearing and considering all testimony and 2 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Habitat Management Plan Permit. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 <- Commission as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That the ROBERTSON RANCH MASTER PLAN project is consistent with the HMP as described in the following findings.8 9 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, 10 HMP 06-04, for the ROBERTSON RANCH MASTER PLAN based on the following findings and subject to the following conditions. 12 Findings: 13 1. That the Robertson Ranch Master Plan is shown in Figure 28 of the approved HMP as a Proposed Standards Area. The applicant has negotiated an HMP "hardline" 14 preserve design for the Robertson Ranch Master Plan that has conceptually been . deemed acceptable to the Wildlife Agencies. The HMP conservation goals for this area include (1) Establish, Enhance and Maintain Habitat Linkage, (2) No-Net-Loss 16 of Wetlands Functions and Value, and (3) Coastal Sage Scrub Preservation, Restoration, and Enhancement. The majority of the wetland and riparian habitats 17 will be preserved along with conservation of over 67% of the sensitive upland habitats (Diegan Coastal Sage Scrub and Chamise Chaparral). The project has been determined to meet these HMP standards which include the following: 19 • Conservation of at least 67% of Coastal Sage Scrub 20 • Creation of a linkage which should utilize patches of existing habitat • Avoid removal of natural habitats that are contiguous with open space on 2 adjacent parcels 22 • Maintain and enhance the wildlife movement potential between core areas using sensitive design of any road or utility crossing of Linkage B (e.g., 23 bridging, undercrossing) • Conserve all riparian habitats on-site 24 • Prohibit fill or development within the existing floodplain, except where 25 required for Circulation Element roads, Drainage Master Plan facilities, or other essential infrastructure 26 • Conserve any narrow endemic plant populations • Set back development 100 feet from existing wetland habitats and encourage 27 habitat restoration or enhancement in the riparian buffer areas. 28 PCRESONO. 6109 -3- That authorization to take species of concern is subject to continuous compliance with all 2 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 3 Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 4 3. That authorization to take species of concern is subject to continuous compliance with all mitigation measures as stated in the Program Environmental Impact Report and Mitigation Monitoring and Reporting Program, MP 02-03, GPA 02-04, and LFMP 14(B), and is subject to all conditions contained in Planning Commission Resolutions No. 6105, 6106, 6107, and 6108 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 9 4. That authorization to take species of concern is subject to continuous compliance with the 10 provisions of Volumes I, II, and III 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 12 Program Planning Area (SCH No. 93121073). 13 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 16 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 17 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 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 20 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 Robertson Ranch Master Plan project. 23 7. That the project design as approved by the City of Carlsbad has avoided and minimized 24 impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically: 26 a) 2.18 acres of Coastal and Valley Freshwater Marsh are present, 1.96 acres are preserved (89.9%), and 0.22 acres of impact requires a minimum of 0.22 acres of 27 mitigation for a "no net loss" of wetlands; b) 2.95 acres of Southern Willow Scrub are present, 2.34 acres are preserved (79.3%), and 0.61 acres of impact requires 1.22 acres of mitigation (2:1); PCRESONO. 6109 -4- 1 2 c) 0.52 acres of Emergent Wetland are present and will be preserved; 3 d) 0.05 acres of Mule Fat Scrub are present and will be preserved; 4 e) 71.62 acres of Diegan Coastal Sage Scrub are present, 50.4 acres are preserved r (70.4%), and 21.22 acres of impact requires 42.44 acres of mitigation (2:1), which is satisfied by the on-site preservation; 6 f) 1.91 acres of Chamise Chaparral are present, 1.77 acres are preserved (92.7%), 7 and 0.14 acres of impact requires 0.14 acres of mitigation (1:1) which is satisfied by the on-site preservation; and o 9 g) 1.28 acres of impacted Non-native Vegetation, 1.88 acres of Eucalyptus Woodland, 8.47 acres of Intensive Agriculture (nurseries), and 220.0 acres of 10 Extensive Agriculture (row crops) will be mitigated by the payment of a Habitat In-Lieu Mitigation Fee consistent with the adopted HMP. 12 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 13 HMP Implementing Agreement. 14 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 1 6 and reporting to the wildlife agencies and the public. 17 10. That the Planning Director is authorized to sign the Take Permit. ° 11. The Planning Commission has reviewed each of the exactions imposed on the Developer I o contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 20 degree of the exaction is in rough proportionality to the impact caused by the project. 21 Conditions; 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 24 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 2/- 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 27 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 28 PCRESONO. 6109 -5- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 c 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 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 9 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 10 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 nondiscretionary, in connection with the use contemplated herein, and 13 (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. 16 5. This approval is granted subject to the certification, adoption, and approval of the 17 Program Environmental Impact Report and Mitigation Monitoring and Reporting Program, MP 02-03, GPA 02-04, and LFMP 14(B), and is subject to all conditions contained in Planning Commission Resolutions No. 6105, 6106, 6107, and 6108 for 19 those other approvals incorporated herein by reference. 20 6. A formal request for concurrence of a Minor Amendment to the City's Habitat Management Plan for Robertson Ranch with Equivalency Findings shall be submitted for the "Tamarack Connection," subject to the terms outlined in the e-mail from USFWS, dated August 22, 2006, included as Attachment 10 of the staff report (dated September 20,2006). 23 7. This project has been found to result in impacts to wildlife habitat or other lands, such as 24 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 analysis for this project. Developer is aware that the City has adopted an In-Lieu 26 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 27 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 fee shall be paid prior to recordation of a final map, or issuance of a PCRESONO. 6109 -6- grading permit or building permit, whichever occurs first. If the In-Lieu Mitigation Fee 2 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 3 become null and void. 8. As a condition of this approval, applicant must comply with the requirements of all t- regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 6 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 7 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. 9" 10 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 12 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 13 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 15 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 16 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 fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 19 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. 22 23 24 25 26 27 28 PCRESONO. 6109 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 20th day of September, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton NOES: ABSENT: ABSTAIN: lARTELL B. MONXGOMERMhairperson CARLSBAD PLANNING COMMISSION OTEST: DON NEU Assistant Planning Director PCRESON0.6109 -8-