HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 63851 PLANNING COMMISSION RESOLUTION NO. 6385
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT EXTENSION TO
4 ALLOW THE TAKE OF SENSITIVE HABITAT FOR THE
5 SHELLEY PROPERTY ON PROPERTY GENERALLY
LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD
6 ALONG THE CITY'S EASTERN BOUNDARY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
7 CASE NAME: SHELLEY PROPERTY
_ CASE NO: HMP 05-04x1o
9 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad property described as
That portion of the east half of Lot 6 of Rancho Las Encinitas,
j2 in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 848, filed in the
13 Office of the County Recorder of San Diego County, June 27,
1898. (APN 223-061-01-00 and 223-061-02-00)
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("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
1 8 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
19 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
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and
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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
?S consistency with the HMP; and
26 WHEREAS, said verified application by Developer constitutes a request for a
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Habitat Management Plan Permit Extension pursuant to the City's authority, on file in the
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Planning Department; and
1 WHEREAS, on September 27, 2005, the City Council approved, HMP 05-04,
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as described and conditioned in City Council Resolution No. 2005-294; and
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WHEREAS, the Planning Commission did on February 6, 2008, consider said4
c request; and
6 WHEREAS, at .said hearing, upon hearing and considering all testimony and
7 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Habitat Management Plan Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:11
12 A) That the foregoing recitations are true and correct.
13 B) That the Shelley Property project is consistent with the HMP as described in the
following findings.
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C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 05-04x1, for the
16 SHELLEY PROPERTY based on the following findings and subject to the
following conditions:
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Findings;18
19 1. That the Shelley Property is shown in Figure 23, Section D, of the approved HMP as a
hardline project.
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2. That the project will modify the hardline area and the findings for equivalency can
made in that there is a net gain of 2.3 acres of habitat that contains San Diego
22 goldenstar being preserved by the modification.
23 3. 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
24 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.
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4. That authorization to take species of concern is subject to continuous compliance with all
27 mitigation measures as stated in the Mitigated Negative Declaration, CT02-17xl, and
HDP 02-08x1 and is subject to all conditions contained in Planning Commission
Resolutions No. 5951, 6383, and 6384 for those other approvals, including but not
limited to recordation of conservation easements over all conserved areas, seasonal
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grading restrictions, and management and monitoring in perpetuity by a qualified
2 conservation entity.
3 5. 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
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
Program Planning Area (SCH No. 93121073).
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6. That all impacts to habitat and all take of species will be incidental to otherwise lawful
7 activities related to construction and operation of the Shelley Property project.
7. That the project design as approved by the City of Carlsbad has avoided and minimized
9 impacts to wildlife habitat and species of concern to the maximum extent practicable.
10 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
HMP Implementing Agreement.
12 9. That the incidental take of species of concern as a result of the project will not
13 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
14 and reporting to the wildlife agencies and the public.
10. That the Planning Director is authorized to sign the Take Permit.
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Conditions:
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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
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
20 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
21 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
or a successor in interest by the City's approval of this Habitat Management Plan
23 Permit.
24 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
make them internally consistent and in conformity with the final action on the project.
2/: Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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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
challenged, this approval shall be suspended as provided in Government Code Section
PC RESO NO. 6385 -3-
66020. If any such condition is determined to be invalid this approval shall be invalid
2 unless the City Council determines that the project without the condition complies with
all requirements of law.
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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
c- 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
6 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
non-discretionary, in connection with the use contemplated herein, and (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
9 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
10 validated.
5. This approval is granted subject to the approval of CT02-17xl and HDP 02-08x1 and is
12 subject to all conditions contained in Planning Commission Resolutions No. 6383 and
6384 for those other approvals incorporated herein by reference.
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6. 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
1 - 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
16 shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
17 populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.18
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PC RESO NO. 6385 -4-
1 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
4 "fees/exactions."
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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
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
14 Commission of the City of Carlsbad, held on February 6,2008 by the following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
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18 NOES:
Douglas, Montgomery, and Whitton
ABSENT:
20 ABSTAIN:
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JULIE B/AKER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
28 DON NEU
Assistant Planning Director
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