HomeMy WebLinkAbout2012-06-06; Planning Commission; Resolution 6889
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE
INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE
FAIRFIELD INN CARLSBAD PROJECT, ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR OAKS WAY, SOUTH OF PALOMAR AIRPORT
ROAD, AND EAST OF WEST OAKS WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: FAIRFIELD INN CARLSBAD
CASE NO: HMP 11-05
WHEREAS, Surya, LP, “Developer/Owner,” has filed a verified application with
the City of Carlsbad regarding property described as:
All of Lot 16 and a Portion of Lot 15 of Carlsbad Tract No. 80-
38, Map No. 10198, as Filed in the Office of the County
Recorder, County of an Diego, State of California, as
Instrument No. 81-294627, Dated September 15, 1981, Official
Records,
(“the Property”); and
WHEREAS, the City of Carlsbad has received authorization to issue permits to
impact various sensitive species and habitats, including species listed as Threatened or
Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
and
WHEREAS, the authority stated above is based on a plan titled Habitat
Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
9, 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
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 Division; and
PLANNING COMMISSION RESOLUTION NO. 6889
PC RESO NO. 6889 -6-
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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 HMP Preserve
Area in perpetuity in accordance with the requirements of the North County Multiple
Habitats Conservation Plan and the City’s Open Space Management Plan.
c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conservation entity, if any, in an
amount sufficient for management and monitoring of the open space HMP Preserve
Area in perpetuity.
d. Record a Conservation Easement over the open space HMP Preserve Area.
e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space HMP Preserve Area in perpetuity.
10. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
12. Owner/Developer shall restrict landscape materials adjacent to conserved habitat
areas to those species which shall be as set forth in the Landscaping Plan.
Invasive/exotic species not to be used shall include those listed on Lists A and B of
the "Exotic Plants of Greatest Ecological Concerns in California" adopted by the
California Exotic Pest Plants Council, October 1999.
13. Restrictions on lighting within the lot adjacent to the open space conservation area
to the lighting shall be as set forth on the lighting exhibit, submitted to the City
Planner for approval.
14. Owner/Developer shall sign a disclosure identifying the area of the lot where Fire
Suppression Zones extend into developed area of the property. The disclosures shall
include a site plan of the lot, location of the Fire Suppression Zones, and the fuel
modification standards required for the various zones.
15. If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for
vireo). All erosion control measures must be installed prior to the initial grading. Any
grading extensions into the grading prohibition period must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Game/United States Fish and Wildlife Service).
. . .
PC RESO NO. 6889 -2-
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WHEREAS, the Planning Commission did on June 6, 2012, consider said
request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That the FAIRFIELD INN CARLSBAD project is consistent with the HMP as
described in the following findings.
C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 11-05, for the
FAIRFIELD INN CARLSBAD project based on the following findings and
subject to the following conditions:
Findings:
1. That the Fairfield Inn Carlsbad project is shown in Figure 28 of the approved HMP as
partially within and adjacent to an “Existing Hardline Conservation Area.”
2. That authorization to impact sensitive habitats and take of species of concern, through the
removal of .44 acre of Mixed Chaparral (Group “D”), 1.55 acres of Non-Native
Grassland (Group “E”), and 0.02 acres of Disturbed Land (Group “F”) is subject to
continuous compliance with all provisions 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, the Terms and Conditions of the Incidental
Take Permit, and the Biological Opinion.
3. 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
No. 93121073).
4. That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the Fairfield Inn Carlsbad project.
PC RESO NO. 6889 -3-
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5. 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
that the developable area of the project is located outside and adjacent to existing or
proposed Hardline Conservation Areas; the conditions of approval for the project
include the payment of all applicable Habitat Mitigation In-Lieu fees for areas
outside the Hardline Area; the native habitat contained on the developable area of
the project site is not a part of, nor is of any biological value to the HMP citywide
regional habitat preserve system, and will not jeopardize the existence or survival of
any rare, threatened or endangered plant or animal species; and the HMP Habitat
Mitigation In-Lieu Fee Program and anticipated impacts to native habitat outside
the preserve areas and the payment of in-lieu mitigation fees assists in conserving
habitat for the California gnatcatcher.
The southerly slope area that is within the HMP Hardline Area is not being
developed and will be conserved; the project has avoided and minimized impacts to
wildlife habitat and species of concern to the maximum extent practicable in that the
development observes a 20 ft. upland habitat buffer between the proposed
development and the proposed Open Space habitat; and conditions of approval
require a 60 foot fire management zone between development and habitat; and in
order to prevent negative effects on the adjacent HMP Hardline Conservation area
conditions of approval require the project to address the interface of the proposed
development and the existing HMP Hardline Area which include: erosion control;
landscaping restrictions; fencing; signage; and lighting restrictions; and predator
and exotic species control.
6. That the authorization to impact sensitive habitats and 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.
7. That the City Planner is authorized to sign the Take Permit.
8. 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
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
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 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. 6889 -4-
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9. That the City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332, In-Fill Development
Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the
project is within the City limits; is less than five (5) acres in size; and is surrounded by
urban uses.
10. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
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
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
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.
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
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.
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
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.
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
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
non-discretionary, in connection with the use contemplated herein, and (c)
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
PC RESO NO. 6889 -5-
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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
validated.
5. This approval is granted subject to the approval of CUP 11-06 and is subject to all
conditions contained in Planning Commission Resolutions No. 6888 for those other
approvals incorporated herein by reference.
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
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
shall grant a conservation easement for the conservation, protection, and management of
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.
7. 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
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
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
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
be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.
8. Prior to issuance of a grading permit or building permit, whichever occurs first, the
applicant shall pay Habitat In-Lieu Fees consistent with the HMP and the biological
report as follows: Group “D” 0.44 total acres of unoccupied coastal Sage/Mixed
Chaparral ; Group “E” 1.55 acres in total of Non-Native Grassland; and, Group
“F” 0.02 acres in total of Disturbed Land.
9. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the City Planner in
relation to the open space HMP Preserve Area which is being conserved for natural
habitat in conformance with the City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, which possesses
qualifications to manage the open space HMP Preserve Area for conservation
purposes.
. . .