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HomeMy WebLinkAbout2011-01-19; Planning Commission; Resolution 67461 PLANNING COMMISSION RESOLUTION NO. 6746 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT FOR THE 4 GRADING OF 42.1 ACRES TO IMPLEMENT THE AMENDED RECLAMATION PLAN FOR THE FORMER SOUTH COAST MATERIALS QUARRY PLAN GENERALLY LOCATED 6 SOUTH OF HIGHWAY 78 AND WEST OF COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 7 25. CASE NAME: SOUTH COAST MATERIALS QUARRY 8 CASE NO: HMP 07-06 9 WHEREAS, Hanson Aggregates Pacific Southwest, "Developer," and "Owner," 10 has filed a verified application with the City of Carlsbad regarding property described as i 2 A portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to 13 Partition Map 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 and also identified as 14 Assessor's Parcel Number 167-040-21-00 15 ("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 or18 jp Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 20 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 21 and 22 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 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of Z* *J 2/r consistency with the HMP; and 27 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 21.210 of the Zoning Ordinance, on file in the Planning Department; and WHEREAS, the Planning Commission did on January 19, 2011, consider said 2 request; and 3 WHEREAS, at said hearing, upon hearing and considering all testimony and 4 <- arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Habitat Management Plan Permit. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning O Commission as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That the South Coast Materials Quarry project is consistent with the HMP as described in the following findings. 12 C) That based on the evidence presented at the hearing, the Commission 13 APPROVES the Habitat Management Plan Permit, HMP 07-06, for the South Coast Materials Quarry based on the following findings and subject to the 14 following conditions: 15 bindings: 16 1. That the South Coast Materials Quarry site is shown in Figure 28 of the approved 17 HMP as a "Proposed Hardline Conservation Area" and "Development Area" and the project will modify the proposed hardline boundaries to reflect the retention of the present Buena Vista Creek alignment and establish a new "Hardline 19 Conservation Area." 20 2. That authorization to impact sensitive habitats and take of species of concern, through the removal of 0.05 acre of southern cottonwood-willow riparian forest, 0.85 acre of southern willow scrub, 0.06 acre of freshwater marsh, 1.99 acres of Diegan coastal 22 sage scrub, and 34.26 acres of disturbed habitat and take of two coastal California gnatcatcher pairs is subject to continuous compliance with all provisions of the Habitat 23 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 24 Conditions of the Incidental Take Permit, and the Biological Opinion. 25 3. That authorization to impact sensitive habitats and take of species of concern is subject to 26 continuous compliance with all mitigation measures as stated in the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR (SCH 2005111124) and is 27 subject to all conditions contained in the City of Oceanside Planning Commission Resolution nos. 2010-P15 (FSEIR) and 2010-P16 (Reclamation Project) and Planning Commission Resolutions No. 6743, 6744 and 6745 for those other approvals (SUP 07-03 and HDP 07-01) and, including but not limited to recordation of conservation easements PC RESO NO. 6746 -2- over all conserved areas and management and monitoring in perpetuity by a qualified 2 conservation entity. 3 4. That authorization to impact sensitive habitats and take of 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 6 No. 93121073). 7 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 South Coast Materials Quarry project. 9 6. That the project design as approved by the City of Oceanside has avoided and minimized 10 impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; the project has minimized the extent of project grading to only the previously disturbed areas and has maintained the existing alignment of the Buena 12 Vista Creek Channel. 13 7. That the project has been conditioned to provide adequate funding to address changed circumstances and adaptive management needs that may be reasonably anticipated in the 14 future, consistent with the HMP Implementing Agreement. 8. That the authorization to impact sensitive habitats and incidental take of species of 15 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 17 requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public.18 F i Q 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 the Habitat Management Plan, which is a comprehensive conservation plan and 21 . implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 23 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 24 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 25 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 27 Habitat Management Plan. 2° 11. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6746 -3- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 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 5 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 7 issued under the authority of approvals herein granted; record a notice of violation on the 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 9 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 10 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 12 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 13 development different from this approval, shall require an amendment to this approval. 14 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 15 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 17 all requirements of law. 1 8 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold jo harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 20 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 O 1Z1 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 23 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 24 all legal proceedings have been concluded and continues even if the City's approval is not validated.25 25 5. This approval is granted subject to the approval of SUP 07-03 and HDP 07-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6744 and 27 6745 for those other approvals incorporated herein by reference. 2° 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 PC RESO NO. 6746 -4- of the environmental documents for the project. Pursuant to Government Code section 2 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of 3 fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan and as specified in the Former South Coast Quarry Amended Reclamation Plan Final Subsequent EIR. 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 and the environmental 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 9 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 10 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. Developer or Developer's successor(s) in interest shall pay the fee prior to 12 recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not 13 be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void everybody. 14 8. Prior to grading, the applicant shall place a conservation easement over the acres in the hardline preserve that supports the mitigation for habitat impacts associated 16 with the proposed project; that is, the planting up to the top of the new Creek channel slopes plus the area beyond comprising the 100-foot buffer, and beyond the 17 buffer boundary in areas where the CSS mitigation extends beyond it (e.g. that area depicted in Figure 5 in the project-related January 26, 2010, Wetland Mitigation 18 Plan as a dip in the buffer north of the Creek at El Salto Falls). 19 9. Prior to grading, the applicant shall(a) submit a perpetual management 20 maintenance, and monitoring plan (MMMP) for the conservation easement area to the Wildlife Agencies for approval at least 30 days prior to initiating project impacts, and (b) within 60 days of receiving approval of the draft plan, submit the final MMMP and contract with the approved land manager to the cities of Carlsbad and Oceanside (cities) and the Wildlife Agencies, and transfer the funds for the non- 23 wasting endowment to a non-profit conservation entity. The MMMP would treat the entire 100-foot buffer as restored CSS even though the 20-foot wide area may 24 not be restored until after the long-term management of the 80-foot wide area begins, and the non-wasting endowment would be an amount approved by the cities and the Wildlife Agencies based on a Property Analysis Record (PAR; Center for Lands Management 1998) or similar cost estimation method to secure the ongoing funding for the implementation of the MMMP. 27 10. The developer shall put into place separate bonds for the restoration of the 20 foot wide area prior to final release of the reclamation bonds. If the full restoration of the 20-foot wide area has not begun upon completion of the initial post-restoration PC RESO NO. 6746 -5- 5-year maintenance and monitoring of the 80-foot wide area of the biological buffer, 2 the developer shall immediately commence the restoration of the 20-foot wide area. The completion of the initial planting for the restoration within the 20 foot wide 3 area shall be followed by a 5-year maintenance and monitoring period to meet the same success criteria as established for the 80-foot wide area. 4 - 11. The duration of the implementation of the protective measures during the avian breeding season shall be from February 15 through September 15. 6 12. Ambrosia psilostachya shall either be removed from the wetland and riparian plant 7 palette or be specified in the restoration plan that the cover of this species is not to exceed a coverage as specified by the Wildlife Agency permit.8 9 13. For areas to be revegetated there is a preference to use locally produced seed and plant materials for the project where feasible and to the extent available. 10 1 l NOTICE 12 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." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 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 16 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. 18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 19 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 22" 23 24 25 26 27 28 PC RESO NO. 6746 -6- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on January 19, 2011, by the following vote, to wit: 3 AYES: Chairperson L'Heureux, Commissioner Baker, Dominguez, Montgomery, Nygaard and Schumacher 5 NOES: 6 ABSENT: 7 ABSTAIN:8 9 10 11 STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14" 15 16 DON NEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6746 -7-