HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68331 PLANNING COMMISSION RESOLUTION NO. 6833
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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 DOS COLINAS PROJECT, ON PROPERTY GENERALLY
LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF
6 CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST
OF THE FUTURE EXTENSION OF COLLEGE BOULEVARD
7 REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE
8 15'6 CASE NAME: DOS COLINAS
9 CASE NO: HMP 09-02
10 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified
1 * application with the City of Carlsbad regarding property described as
12 That portion of Lot "B" of Rancho Agua Hedionda in the
13 County of San Diego, State of California, According to Map
thereof No. 823, filed in the Office of the County Recorder of
14 San Diego County, November 16,1896
15 ("the Property"); and
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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
jo 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
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Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
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9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of
2^ consistency with the HMP; and
27 WHEREAS, said verified application by Developer constitutes a request for a
28 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 October 19, 2011, consider said
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request; and
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WHEREAS, at said hearing, upon hearing and considering all testimony and
c 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
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Commission as follows:
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A) That the foregoing recitations are true and correct.
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B) That the DOS COLINAS 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 09-02, for DOS
COLINAS based on the following findings and subject to the following
14 conditions:
15 Findings:
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1. That a majority of the Dos Colinas project is shown in Figure 28 of the approved HMP
17 as a "Proposed Standards Area."
18 2. That authorization to take of species of concern, through the take of 7.0 acres of
19 Extensive Agriculture (Group F), 0.6 acres of Disturbed Habitat (Group F) for
Phase 1 (i.e. development of RV storage area) and <0.1 acres of Disturbed Valley
20 Needlegrass Grassland (Group B), 0.65 acres of Diegan Coastal Sage Scrub (Group
D), 27.3 acres of Extensive Agriculture (Group F), 0.2 acres of Eucalyptus
21 Woodland (Group F) and 1.1 acres of Disturbed Habitat (Group F) for Phase II (i.e.,
~j development of continuing care retirement community and offsite infrastructure
improvements) 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 take of species of concern is subject to continuous compliance with
25 all mitigation measures as stated in EIR 09-01, the Mitigation Monitoring & Reporting
Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, CUP 09-
27 . 02, HDP 09-02, HMP 09-02, SUP 09-02 and is subject to all conditions contained in
Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832,
6833 and 6834 for those other approvals, including but not limited to recordation of
PC RESO NO. 6833 -2-
conservation easements over all conserved areas and management and monitoring in
2 perpetuity by a qualified conservation entity.
.3 4. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Final Environmental Impact Report,
5 EIR 09-01, for DOS COLINAS and the environmental impacts therein identified for
this project; the CEQA Findings; and the Mitigation Monitoring and Reporting
6 Program prior to RECOMMENDING APPROVAL of EIR 09-01;
7 b. the Final Environmental Impact Report, the CEQA Findings, and the Program
„ have been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines and the Environmental Review Procedures of
9 the City of Carlsbad;
10 c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
12 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on the
13 environment.
'4 5. That authorization to 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
16 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
activities related to construction and operation of the DOS COLINAS project.
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7. That the project design as approved by the City of Carlsbad has avoided and minimized
20 impacts to wildlife habitat and species of concern to the maximum extent practicable in
that the continuing care retirement community (Parcel 1) observes a minimum 20-
1 foot-wide upland habitat buffer (i.e., located in outer zone of 60-foot-wide fire
22 buffer) between the proposed development and the proposed Open Space habitat
located on Parcel 3, sensitive upland habitat will be preserved in perpetuity on Lot 3
23 via a biological conservation easement, and mitigation measures have been proposed
which prevent negative effects on the adjacent sensitive riparian habitat and the
24 proposed open space lot which include erosion control; landscaping restrictions;
~ fencing; signage; lighting restrictions; and predator and exotic species control.
26 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
27 HMP Implementing Agreement.
780 9. 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
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to compliance with all of the above stated requirements, as well as ongoing monitoring
2 and reporting to the wildlife agencies and the public.
3 10. That the Planning Director is authorized to sign the Take Permit.
11. The Planning Commission hereby finds that all development in Carlsbad benefits from
c the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
6 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
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
9 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
10 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.
12 12. The Planning Commission has reviewed each of the exactions imposed on the Developer
13 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
14 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
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If any of the following conditions fail to occur; or if they are, by their terms, to be
17 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
1" 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
20 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
Permit.
23 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
24 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.
26 3. If any condition for construction of any public improvements or facilities, or the payment
27 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
66020. If any such condition is determined to be invalid this approval shall be invalid
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unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
representatives, from and against any and all liabilities, losses, damages, demands, claims
c- 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
6 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)
7 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
electromagnetic fields or other energy waves or emissions. This obligation survives until
9 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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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
12 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
13 shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
14 populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
16 6. This approval is granted subject to the certification, adoption, and approval of the
Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting
17 Program, GPA 09-02, ZC 09-02, LFMP 15(E), SDP 09-02, CUP 09-02, HDP 09-02,
and SUP 09-02 and is subject to all conditions contained in Planning Commission
18 Resolutions No. 6825, 6826, 6827, 6828, 6830, 6831, 6832 and 6834 for those other
19 approvals incorporated herein by reference and the approval letter for MS 09-04 signed
by the City of Carlsbad City Engineer.
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7. Developer shall implement, or cause the implementation of the DOS COLINAS EIR 09-
1 01 Mitigation Monitoring and Reporting Program.
22 8. This approval shall become null and void if building permits are not issued for this
23 project within eight (8) years of project approval.
24 9. The filling in the floodplain associated with the non-essential infrastructure
development for the Dos Colinas project (1.05 acres) shall be offset by the creation
of additional floodplain area at a location to the satisfaction of the Planning
25 Director. Said location shall be designated on the grading plans (Phase II) and shall
be created prior to the issuance of the building permits for the continuing care
27 retirement community (any component).
78 10. The use of non-native, invasive plant species in landscaping proposed adjacent to
Parcel 3 (i.e., open space lot/HMP preserve) and adjacent to any other HMP
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preserve areas is prohibited. In addition, the irrigation in these areas shall be
2 controlled so as to minimize runoff into any adjacent preserve areas. This condition
shall be placed on the landscape plan to the satisfaction of the Planning Director.
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11. Preference shall be given to the use of local native seed for re-seeding in areas
4 proposed to be temporarily or permanently impacted.
12. Prior to issuance of a grading permit or clearing of any habitat for Phase II, whichever
6 occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lots which are being conserved for natural
7 habitat in conformance with the City's Habitat Management Plan:
8 a. Select a conservation entity, subject to approval by the City, which possesses
qualifications to manage the open space lots for conservation purposes.
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b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in
perpetuity in accordance with the requirements of the North County Multiple Habitats
Conservation Plan and the City's Open Space Management Plan.
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c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the Planning Director and conservation entity, if any, in an
, 4 amount sufficient for management and monitoring of the open space lots in
perpetuity.
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d. Record a Conservation Easement over the open space lot.
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e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lots in perpetuity.
18 13. This project has been found to result in impacts to wildlife habitat or other lands, such as
19 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
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
22 vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
23 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
recordation of a final map, or issuance of a grading permit or building permit, whichever
25 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all
26 approvals for this project shall become null and void.
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PCRESONO. 6833 -6-
1 NOTICE
2
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
A fees/exactions."
5 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
6 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
g annul their imposition.
9 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
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
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit:
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AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
16 Schumacher, Scully and Siekmann
17 NOES:
18 ABSENT:
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ABSTAIN:
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21
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STEPHEN "HAP" L'HEUREUX, Chairperson
23 CARLSBAD PLANNING COMMISSION
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25 ATTEST:
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2g DON NEU
Planning Director
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