HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65071 PLANNING COMMISSION RESOLUTION NO. 6507
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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 SEASCAPE PROJECT, ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL
6 ROAD AND AVENA COURT EAST IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
7 CASE NAME: SEASCAPE
CASE NO: HMP 07-098
9 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
"Owner," described as:
12 Parcel IB:
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The Southwest Quarter of the Southwest Quarter of the
14 Northwest Quarter of the Northeast Quarter of Section 27,
1 Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
16 of California, according to the official plat thereof; and
17 Parcel 2B:
18 The Southeast Quarter of the Southwest Quarter of the
19 Northwest Quarter of the Northeast Quarter of Section 27,
Township 12 South, Range 4 West, San Bernadino Base and
20 Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
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22 Parcel 3B:
23 An easement for road and public utility purposes over, under,
upon and across the westerly 30 feet of the south half of the
24 Northwest Quarter of the Northwest Quarter of the Northeast
Quarter of Section 27, Township 12 South, Range 4 West, San
Bernadino Base and Meridian, in the City of Carlsbad, County
25 of San Diego, State of California, according to the official plat
thereof; and
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Parcel 4B:
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An easement for road and public utility purposes over, under,
along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
2 27, Township 12 South, Range 4 West, San Bernadino Base
and Meridian, in the City of Carlsbad, County of San Diego,
3 State of California, according to the official plat thereof
4 ("the Property"); and
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 and
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9 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
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** WHEREAS, the authority stated above is based on a plan titled Habitat
12 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
16 WHEREAS, said verified application by Developer constitutes a request for a
17 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter
* ° 21.210 of the Zoning Ordinance, on file in the Planning Department; and
19 WHEREAS, the Planning Commission did on November 5, 2008, consider said
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request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and
23 arguments, if any, of all persons desiring to be heard, said Commission considered all factors
24 relating to the Habitat Management Plan Permit.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission as follows:
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A) That the foregoing recitations are true and correct.
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1 B) That the SEASCAPE - HMP 07-09 project is consistent with the HMP as
2 described in the following findings.
3 C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 07-09, for SEASCAPE
based on the following findings and subject to the following conditions:
Findings:
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1. That the SEASCAPE project is shown in Figure 28 of the approved HMP as a
7 "Proposed Standards Area" adjacent to an "Existing Hardline Conservation Area".
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2. That authorization to take species of concern, through the take of 2.62 acres of
9 Agricultural Lands, 2.10 acres of Disturbed Lands, and 0.33 acres of Developed
Lands is subject to continuous compliance with all provisions of the Habitat
10 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.
12 3. That authorization to take species of concern is subject to continuous compliance with all
13 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-06, CT 05-18,
14 PUD 05-14, SDP 05-12, CDP 05-37, HDP 06-02, and HMP 07-09, and is subject to all
,r conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501,
6502, 6503, 6504, 6505, 6506, and 6507 for those other approvals, including but not
16 limited to recordation of conservation easements over all conserved areas and
management and monitoring in perpetuity by a qualified conservation entity.
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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
19 Final Environmental Impact Statement/Environmental Impact Report for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
20 Program Planning Area (SCH No. 93121073).
91 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful
22 activities related to construction and operation of the SEASCAPE project.
23 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
24 that the residential development observes a 20 ft. upland habitat buffer from the
edge of the existing HMP Hardline Conservation Area located to the east, and in
order to prevent negative effects on the adjacent HMP Hardline Conservation Area,
26 mitigation measures have been included with the project to address the interface
between the proposed development and the existing habitat, which include fire
27 management; erosion control; landscaping restrictions; fencing, signage, and
lighting restrictions; and predator and exotic species control.28
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7. That adequate funding has been provided to address changed circumstances and adaptive
2 management needs that may be reasonably anticipated in the future, consistent with the
HMP Implementing Agreement.
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8. That the incidental take of species of concern as a result of the project will not
4 appreciably reduce the likelihood of survival and recovery of the species in the wild due
5 to compliance with all of the above stated requirements, as well as ongoing monitoring
and reporting to the wildlife agencies and the public.
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9. That the Planning Director is authorized to sign the Take Permit.
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10. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
9 implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
10 continuing to allow compatible development in accordance with Carlsbad's Growth
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
12 the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
13 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
14 all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. However, in accordance with the Mello II Segment of the
Local Coastal Program, the applicant is instead conditioned to pay an Agricultural
16 Conversion Mitigation Fee on a per acre basis, to convert the entire project site (5.05
acres) from agricultural lands to residential development.
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11. The Planning Commission of the City of Carlsbad does hereby find:
in a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
20 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
06-02/HMP 07-09, the environmental impacts therein identified for this project
2* and said comments thereon, and the Program, on file in the Planning Department,
22 prior to RECOMMENDING ADOPTION of the project; and
23 b. the Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
24 State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
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26 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
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d. based on the EIA Part II and comments thereon, the Planning Commission, finds
^° that there is no substantial evidence the project will have a significant effect on
the environment.
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12. 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
, 2 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 the approval of a Mitigated Negative Declaration
and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-
28 06, CT 05-18, PUD 05-14, SDP 05-12, CDP 05-37, and HDP 06-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501,
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6502, 6503, 6504, 6505, and 6506, for those other approvals incorporated herein by
2 reference.
3 6. This approval shall become null and void if building permits are not issued for this
project within two (2) years of Coastal Commission approval of LCPA 05-06.4
5 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
9 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.
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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,
14 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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on November 5, 2008, by the following vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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