HomeMy WebLinkAbout2009-06-03; Planning Commission; Resolution 65641 PLANNING COMMISSION RESOLUTION NO. 6564
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
EL CAMINO REAL ROAD WIDENING PROJECT, BETWEEN
TAMARACK AVENUE AND CHESTNUT AVENUE IN THE
6 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1
7 AND 2.
CASE NAME: EL CAMINO REAL ROAD WIDENING
8 CASE NO: HMP 07-08
9 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
10
with the City of Carlsbad regarding property owned by City of Carlsbad and various owners,
11
"Owner," described as
13 Public rights-of-way on a portion of Chestnut Avenue, on El
Camino Real between Tamarack Avenue to Chestnut Avenue,
14 and properties identified by Assessor's Parcel Numbers 167-
230-24, 167-230-25, 167-154-15, 167-154-16, 167-080-33, 167-
15 080-42, and 167-080-41
16 ("the Property"); and
17
WHEREAS, the City of Carlsbad has received authorization to issue permits to
18
impact various sensitive species and habitats, including species listed as Threatened or
2Q Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
21 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
22 and
23 WHEREAS, the authority stated above is based on a plan titled Habitat
24
Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
25
2004, referred to as the HMP, and approval of all projects is contingent on a finding of
26
27 consistency with the HMP; and
28
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
- WHEREAS, the Planning Commission did on June 3, 2009 consider said request;
6 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
11
Commission as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That the EL CAMINO REAL WIDENING project is consistent with the HMP
as described in the following findings.
1 fi C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 07-08, for EL
17 CAMINO REAL WIDENING based on the following findings and subject to
the following conditions:
18
Findings:
20 1. That the EL CAMINO REAL PROJECT is not shown in Figure 28 of the approved
HMP as an existing hardline, proposed hardline, proposed standards, core or linkage
21 area. The project is in a disturbed area; however, there are sensitive vegetation
communities within the Area of Potential Effects (APE) and there will be some
22 impact to the biological resources. Specifically, the area of impact will be on the east
side of El Camino Real in the areas where storm drain outlets are located.
24 2. That authorization to take species of concern, through the take of sensitive species (see
Table 1 - Project Impacts to Vegetation Communities and Land Covers in the
25 Memorandum dated December 15, 2008, which outlines a summary of changes to
the impacts provided in the Draft Mitigated Negative Declaration that was prepared
2" for the project) is subject to continuous compliance with all provisions of the Habitat
27 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
28 Conditions of the Incidental Take Permit, and the Biological Opinion.
PC RESO NO. 6564 -2-
That authorization to take species of concern is subject to continuous compliance with all
2 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and the Memorandum dated December 15,
3 2008, and is subject to all conditions contained in Planning Commission Resolutions No.
6560, 6561, 6562, and 6563 for those other approvals incorporated herein by reference.
4
- 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
5 Final Environmental Impact Statement/Environmental Impact Report for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation
7 Program Planning Area (SCH No. 93121073).
o
5. That all impacts to habitat and all take of species will be incidental to otherwise lawful
9 activities related to construction and operation of the EL CAMINO REAL WIDENING
project.
10
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.
Specifically; the Area of Potential Effects (APE) has been reduced from
approximately 18.5 acres in size to approximately 16 acres to reduce the area of
13 impact on sensitive habitat.
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
HMP Implementing Agreement.
8. That the incidental take of species of concern as a result of the project will not
17 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.
9. That the Planning Director is authorized to sign the Take Permit.
20 10. The Planning Commission hereby finds that all development in Carlsbad benefits from
21 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
22 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
24 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
25 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
" turn, will adversely impact species and habitats. The El Camino Real Widening Project is
a covered City Project listed in appendix B of the HMP. As such, this project is eligible
to mitigate its impacts to sensitive habitat through use of credits in the Lake Calavera
28 Mitigation Parcel.
PC RESO NO. 6564 -3-
Conditions:
2 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
3 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
5 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
7 or a successor in interest by the City's approval of this Habitat Management Plan
Permit.8
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
10 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
development different from this approval, shall require an amendment to this approval.
12 3. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 Section 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
17 and Mitigation Monitoring and Reporting Program, and approval of CDP 07-22,
HDP 07-02, and SUP 07-04 and is subject to all conditions contained in Planning
18 Commission Resolutions No. 6560, 6561, 6562, and 6563 for those other approvals
incorporated herein by reference.
2Q 5. 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
21 of the environmental documents for the project.
22 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
to wildlife, as documented in the City's Habitat Management Plan (HMP) and the
24 environmental analysis for this project. All impacts will be mitigated per the
requirements of the City's HMP and the Mitigated Negative Declaration and
25 Mitigation Monitoring and Reporting Program and the Memorandum dated
December 15, 2008. In particular, impacts to upland habitat shall be mitigated at
2" the Lake Calavera Mitigation Parcel, and impacts to wetland habitat shall be
27 mitigated via purchase of credits at the North County Habitat Bank (NCHB).
28
PC RESO NO. 6564 -4-
1
2
3
5
6
7
8
9
10
11
12
13
14
15
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 June 3,2009, by the following vote, to wit:
AYES:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux, and
Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN:
MARTELL B. MONTGOMERY, rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6564 -5-