HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61961 PLANNING COMMISSION RESOLUTION NO. 6196
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT
4 FOR A 20.4-ACRE PROPERTY GENERALLY LOCATED
s SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD
AND POINSETTIA LANE IN THE MELLO II SEGMENT OF
6 THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 21.
7 CASE NAME: POINSETTIA PLACE
CASE NO.: HMPP 06-08
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9 WHEREAS, Sierra Linda Development Company, "Developer," has filed a
10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
Land Company, a California Limited Liability Co., "Owner," described as
12 The north half of the southwest quarter of the southwest
13 quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
14 Diego, State of California, according to the official plat thereof
15 ("the Property"); and
16 WHEREAS, the City of Carlsbad has received authorization to issue permits to
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impact various sensitive species and habitats, including species listed as Threatened or
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19 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
20 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
21 and
22 WHEREAS, the authority stated above is based on a plan titled Habitat
23 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
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2004, referred to as the HMP, and approval of all projects is contingent on a finding of
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2ft consistency with the HMP; and
27 WHEREAS, said verified application by Developer constitutes a request for a
28 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning
Department; and
1 WHEREAS, the Planning Commission did on the 15th day of November, 2006,
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consider said request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and4 ,
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the Habitat Management Plan Permit.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
8 Commission as follows:
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A) That the foregoing recitations are true and correct.
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B) That the POINSETTIA PLACE project is consistent with the HMP as described
in the following findings.
12 C) That based on the evidence presented at the hearing, the Commission
13 RECOMMENDS APPROVAL of Habitat Management Plan Permit,
HMPP 06-08, for the POINSETTIA PLACE project, based on the following
findings and subject to the following conditions:
15 „. ...Findings;
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1. The development project complies with the purpose and the intent provisions of Carlsbad
17 Municipal Code Section 21.210.10 in that:
a. The project is consistent with General Plan goals requiring adequate
housing, protection of the environment, and avoidance of habitat impacts to
the maximum extent possible.
b. Project development primarily occurs on disturbed land, utilizing an
20 existing, mostly disturbed site, existing access and utility easements, and
existing road right-of-way.
c. The project complies with the HMP through project design and mitigation
~~ measures, which are also conditions of approval.
23 2. The proposed development is in compliance with all provisions of the Carlsbad HMP, the
Implementing Agreement, the Multiple Habitat Conservation Plan (MHCP), the Natural
24 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
management requirements set forth in Section 21.210.14. Through project design and
25 mitigation measures, which are incorporated as conditions of approval, the project
is consistent with the HMP, and an amendment to the HMP is necessary to identify
27 the project preserve open space lot as a hardline preserve and eliminate text in the
HMP identifying the site as a "standards area." The project complies with all
adjacency standards and has avoided and minimized habitat impacts to the
maximum extent possible. To this end, the project proposes, among other things, no
PCRESONO. 6196 -2-
impacts to narrow endemics, proper restrictions on grading during wildlife
2 breeding season, fuel modification zones, minimized direct impacts to sensitive plant
species onsite within the development area, and no jeopardizing of sensitive wildlife.
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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 the project is subject to
r mitigation measures requiring compliance with the HMP and the HCP/OMSCP,
including compliance with impact avoidance and minimization, mitigation
6 measures, and adjacency standards of each document (e.g., storing equipment and
materials on disturbed areas only, using low-impact lighting, landscaping with a
7 non-invasive plant palette, etc.), incorporation of best management practices to limit
g indirect temporary impacts due to construction (e.g., dust, noise, water quality), and
limitation of project improvements and construction primarily to already disturbed
9 areas.
10 4. 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
12 recovery of the species in that project impacts are related to construction of the
Poinsettia Place project; impacts are subject to mitigation, and will not appreciably
13 reduce species survival and recovery; and the authorization to take species of
concern is subject to continuous compliance with all provisions of the Habitat
14 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, the Biological Opinion,
16 and the Mitigation Monitoring and Reporting Program for this project.
17 5. That the Planning Director is authorized to sign the Take Permit.
18 Conditions;
19 'Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
20 building or grading permit, whichever occurs first.
21 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
22 implemented and maintained according to their terms, the City shall have the right to
23 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
24 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
25 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
28 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.
PCRESON0.6196 -3-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development, different from this approval, shall require an amendment to this approval.
3 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.
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c 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
6 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
7 or indirectly, from (a) City's approval and issuance of this Habitat Management Plan
R Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
9 (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
10 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.
12 5. As a condition of this approval, applicant must comply with the requirements of all
13 regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
14 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
16 populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
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6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, General Plan Amendment
19 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-
11, Carlsbad Tract Map CT 04-10, Condominium Permit CP 05-05, Hillside
20 Development Permit HDP 04-05, Site Development Plan SDP 04-07, and Coastal
Development Permit CDP 04-23, and is subject to all conditions contained in Planning
21 Commission Resolutions No. 6187,6188,6189,6190,6191,6192,6193,6194, and 6195
~~ for those other approvals incorporated herein by reference.
23 7. Developer shall implement, or cause the implementation of, the Poinsettia Place
Mitigation Monitoring and Reporting Program.
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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 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
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and
Whitton
NOES: Commissioners Segall
ABSENT: Chairperson Montgomery and Commissioner Heineman
ABSTAIN:
JULIE
CARLS'
ATTEST:
, Vice Chairperson
LANNING COMMISSION
DON NEU
Assistant Planning Director
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