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HomeMy WebLinkAbout2012-06-06; Planning Commission; Resolution 6889 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . .