HomeMy WebLinkAbout2007-02-21; Planning Commission; Resolution 6249PLANNING COMMISSION RESOLUTION NO. 6249
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO DEVELOP A
4 58-UNIT RESIDENTIAL CONDOMINIUM PROJECT ON AN
5 8.18 ACRE SITE LOCATED ON THE SOUTH SIDE OF LA
COSTA AVENUE, EAST OF EL CAMINO REAL AND WEST
6 OF CASTILLA WAY WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
7 CASE NAME: LA COSTA CONDOMINIUMS
CASE NO: HMPP 06-06
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9 WHEREAS, Calso, LLC, "Owner/Developer," has filed a verified application
10 with the City of Carlsbad regarding property described as
11 Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in
the County of San Diego, State of California, According to map
Thereof No. 6117, filed in the Office of the County Recorder of
13 San Diego County, June 3,1968
14 ("the Property"); arid
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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Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and18
, Q Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
20 and
21 WHEREAS, the authority stated above is based on a plan titled Habitat
22 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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consistency with the HMP; and
WHEREAS, said verified application by Developer constitutes a request for a
27 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning
28 Department; and
WHEREAS, the Planning Commission did on the 21st day of February 2007,
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consider said request; and
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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
6 relating to the Habitat Management Plan Permit.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
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A) That the foregoing recitations are true and correct.
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B) That the LA COSTA CONDOMINIUM 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 APPROVES of the Habitat Management Plan Permit, HMPP 06-06, for the LA
COSTA CONDOMINIMUMS based on the following findings and subject to
*4 the following conditions:
15 Findings:
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1. That the La Costa Condominium project site is not identified in Figure 28 of the
17 approved HMP as being either an existing or proposed HMP Hardline or Standards
Preserve Area and is not a part of the ultimate Preserve System.
1 o
19 2. That authorization to take species of concern is subject to continuous compliance with all
provisions of the Habitat Management Plan for Natural Communities in the City of
20 Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the
Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and
the Biological Opinion.
22 3. That authorization to take species of concern is subject to continuous compliance with all
23 mitigation measures as stated in the Addendum to the previously adopted Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, CT 02-
24 28x1, SDP 03-18x1, CP 02-13x1, HDP 02-14x1 and HMPP 06-06 and is subject to all
conditions contained in Planning Commission Resolutions No. 6244, 6245, 6246, 6247,
6248 and 6249 for those other approvals.
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4. That authorization to take species of concern is subject to continuous compliance with the
27 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
Program Planning Area (SCH No. 93121073).
PC RESO NO. 6249 -2-
5. The Planning Commission hereby finds that all development in Carlsbad benefits from
2 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
3 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
t- 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
6 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
7 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
Habitat Management Plan.
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6. That all impacts to habitat and all take of species will be incidental to otherwise lawful
10 activities related to construction and operation of the La Costa Condominium project.
7. That the project design as approved by the City of Carlsbad has avoided and minimized
12 impacts to wildlife habitat and species of concern to the maximum extent practicable.
13 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
14 HMP Implementing Agreement.
9. That the incidental take of species of concern as a result of the project will not
1 5 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
17 and reporting to the wildlife agencies and the public.
1 R10 10. That the Planning Director is authorized to sign the Take Permit.
19 11. The Planning Commission has reviewed each of the exactions imposed on the Developer
20 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
21 degree of the exaction is in rough proportionality to the impact caused by the project.
22 Conditions:
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
24 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
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
conditions or seek damages for their violation. No vested rights are gained by Developer
28 or a successor in interest by the City's approval of this Habitat Management Plan
Permit.
PCRESONO..6249 -3-
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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.
c 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
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
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer shall implement, or cause the implementation of, the La Costa
Condominiums Project Mitigation Monitoring and Reporting Program.
12 • 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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
16 non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
17 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
19 validated.
20 7. This approval is granted subject to the adoption of an Addendum to the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, and
21 approval of CT 02-28x1, SDP 03-18x1, CP 02-13x1, and HDP 02-14x1 and is subject
~~ to all conditions contained in Planning Commission Resolutions No. 6244, 6245, 6246,
6247 and 6249 for those other approvals incorporated herein by reference.
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8. 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
PC RESO NO. 6249 -4-
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.
4 NOTICE
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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."
g 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
9 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
11 annul their imposition.
12 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
[ 5 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 21st day of February 2007, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Montgomery and
Segall
NOES: Commissioner Whitton
ABSENT: Commissioners Dominguez and Douglas
ABSTAIN:
R, Chairperson
PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6249 -6-