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HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64801 PLANNING COMMISSION RESOLUTION NO. 6480 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE 5 ADAMS STREET SUBDIVISION PROJECT, ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF 6 THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA V SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 9 CASE NO: HMP 07-04 10 WHEREAS, Planning Systems, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 12 David Graham, "Owner," described as 13 The southeasterly 127.0 feet measured at right angles of Lot 5 14 and that portion of Lot 6, in Block "D" of Bella Vista, in the ,, City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 16 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 17 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 618 19 ("the Property"); and 20 WHEREAS, the City of Carlsbad has received authorization to issue permits to 21 impact various sensitive species and habitats, including species listed as Threatened or 22 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 23 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 24 and25 26 WHEREAS, the authority stated above is based on a plan titled Habitat 27 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2° 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and WHEREAS, said verified application by Developer constitutes a request for a 2 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 3 21.210 of the Zoning Ordinance, on file in the Planning Department; and 4 c WHEREAS, the Planning Commission did on October 1, 2008, consider said 6 request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and o arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the Habitat Management Plan Permit. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 12 Commission as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the ADAMS STREET SUBDIVISION - BMP 07-04 project is consistent with the HMP as described in the following findings. 16 C) That based on the evidence presented at the hearing, the Commission APPROVES Habitat Management Plan Permit, HMP 07-04, for the ADAMS 17 STREET SUBDIVISION based on the following findings and subject to the following conditions:18 19 Findings; 20 1. That the Adams Street Subdivision project is shown in Figure 28 of the approved HMP as a "Development Area" adjacent to an "Existing Hardline Conservation Area".21 22 2. That authorization to take species of concern, through the take of 0.27 acres of occupied Coastal Sage Scrub (Group C) is subject to continuous compliance with all provisions 23 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, 24 the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 25 3. That authorization to take species of concern is subject to continuous compliance with all 26 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP 05-12, 27 V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, 6479 and 6480 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified PC RESO NO. 6480 -2- conservation entity, and is subject to all conditions contained in the Planning 2 Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. 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 Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Adams Street Subdivision project,o 9 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable in 10 that the residential development is clustered on the least environmentally sensitive portion of the site and observes a 100 ft. setback from wetlands and 20 ft. upland habitat buffer. In order to prevent negative effects on the existing HMP Hardline 12 Preserve adjacent to the site, mitigation measures have been included with the project to address the interface between the proposed development and the existing 13 habitat, which include fire management; erosion control; landscaping restrictions; fencing, signage, and lighting requirements; and predator and exotic species control. 14 , _ 7. 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 15 HMP Implementing Agreement. 17 8. That the incidental take of species of concern as a result of the project will not 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 and reporting to the wildlife agencies and the public. 20 9. That the Planning Director is authorized to sign the Take Permit. 10. The Planning Commission hereby finds that all development in Carlsbad benefits from -,, the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 23 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 24 Management Plan. Preservation of wildlife habitats and sensitive species is required by 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 new development will contribute to the need for additional regional infrastructure that, in 27 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. PC RESO NO. 6480 -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 1 6 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 2g validated. 27 5. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 28 06-08, HDP 05-12, and V 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, and 6479 for those other PC RESO NO. 6480 -4- approvals incorporated herein by reference, and is subject to all conditions contained in 2 the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. 3 6. Prior to issuance of a Grading Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its e successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval 6 is substantially different, an amendment to HMP 07-04 shall be required. 7. This approval shall become null and void if building permits are not issued for this project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06- 07, and LCPA 06-08. 9 NOTICE10 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 12 "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 15 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 16 annul their imposition. 17 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 19 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. 21 22 23 24 25 26 27 28 PC RESO NO. 6480 -5- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 1, 2008, by the following vote, to wit: AYES:Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton NOES: ABSENT: Commissioners Douglas and Montgomery ABSTAIN: //RANK H. WHITTON, Chairperson ~ CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6480 -6-