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HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 62891 PLANNING COMMISSION RESOLUTION NO. 6289 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 HMP 06-12 FOR THE SUBDIVISION, GRADING, AND 5 DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE - TERMINUS OF AURA CIRCLE WITHIN THE MELLO II 9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO: HMP 06-12 11 12 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 15 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and18 jo 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 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 Habitat £J 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 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 WHEREAS, said verified application by Developer constitutes a request for a Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning Department; and WHEREAS, the Planning Commission did on the 2nd day of May 2007, consider said request; and 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 relating to the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That the AURA CIRCLE project is consistent with the HMP as described in the following findings. C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMP 06-12, for the AURA CIRCLE project based on the following findings and subject to the following conditions: Findings; 1. That the Aura Circle project is shown in Figure 36 as an approved HMP Hardline Conservation Area. 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 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. V 3. That authorization to take species of concern is subject to continuous compliance with all mitigation measures as stated in the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, LCPA 05-03, CT 03-10, SDP 05-05, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6287, 6288, 6290, 6291, 6292 and 6293 for those other approvals, including but not PC RESO NO. 6289 -2- limited to recordation of conservation easements over all conserved areas and 2 management and monitoring in perpetuity by a qualified conservation entity. 3 4. That authorization to take species of concern is subject to continuous compliance with the 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 5 Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 6 5. The Planning Commission hereby finds that all development in Carlsbad benefits from 7 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 9 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 10 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 * * preservation of open space within an increasingly urban environment. Moreover, each 12 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 13 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 14 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 Aura Circle project. 16 7. That the project design as approved by the City of Carlsbad has avoided and minimized 17 impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; 5.01 acres of Diegan Coastal Sage Scrub (DCSS) are present with 3.17 acres of on-site preservation and 5.57 acres of mitigation consisting of on-site j9 creation of DCSS for 1.84 acres of impact (3:1 ratio); 0.44 acres of Native Grasslands are present with no impacts; 0.30 acres of Non-Native Grasslands are 20 present with no impacts; and 9.28 acres of Disturbed Habitat are present with 6.07 acres of on-site preservation and impacts to 3.21 acres, which will be mitigated by 21 the payment of habitat in-lieu fees (1:1 ratio). 22 8. That adequate funding has been provided to address changed circumstances and adaptive 23 management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 24 9. That the incidental take of species of concern as a result of the project will not 2* appreciably reduce the likelihood of survival and recovery of the species in the wild due 2/r to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 27 10. That the Planning Director is authorized to sign the Take Permit. 28 PC RESO NO. 6289 -3- 11. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. ^ Conditions; 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 6 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 7 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 9 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 10 or a successor in interest by the City's approval of this Habitat Management Plan Permit.11 12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 13 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 14 development different from this approval, shall require an amendment to this approval. 3. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 23 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 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 26 validated. 27 5. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 28 ZC 05-03, LCPA 05-03, CT 03-10, SDP 05-05, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, PCRESONO. 6289 -4- 1 6287, 6288, 6290, 6291, 6292 and 6293 for those other approvals incorporated herein by 2 reference. 3 6, This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 4 to wildlife, as documented in the City's Habitat Management Plan and the environmental c analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 6 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 7 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 9 grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat 10 Management Plan and the General Plan and any and all approvals for this project shall become null and void.11 19 7. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements 13 of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant 14 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat 16 Management Plan. 17 8. Prior to recordation of Tentative Tract Map CT 03-10, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot (Lot 11) which is being conserved for natural habitat in conformance with the City's 19 Habitat Management Plan: 20 a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 21 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City 22 for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. 23 c. Based on the results of the PAR, provide a non-wasting endowment or other 24 financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space 25 lot(s) in perpetuity. The Conservation Easement shall provide that the ?, non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). 27 d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.2o PC RESO NO. 6289 -5- e. Prepare an Interim Management Plan which will ensure adequate management of 2 the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 3" 4 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 Q 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 10 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 11 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 14 NOTICE similar to this, or as to which the statute of limitations has. previously otherwise expired. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6289 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i. w 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 2nd day of May 2007, by wit: AYES: Chairperson Baker, Commissioner Cardosa, Montgomery, and Segall NOES: ABSENT: Commissioner Whittoni ABSTAIN: H**^ M JL 0/ \. * ^*K^^^ JULIE\BAK^R, Chairperson CARLSBABTLANNING COMMISSION ATTEST: Q v/v^ftyi S vQjtA DONNEU Planning Director • PCRESONO. 6289 -7- the following vote, to Dominguez, Douglas,