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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 o 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 17 impact various sensitive species and habitats, including species listed as Threatened or 18 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 24 2004, referred to as the HMP, and approval of all projects is contingent on a finding of ***j 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, 2 consider said request; and 3 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: 9 A) That the foregoing recitations are true and correct. 10 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; 16 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. 3 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. 27 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. 4 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. 17 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. 24 25 26 27 ... 28 ... PCRESONO. 6196 -4- 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 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 PCRESONO. 6196 -5-