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HomeMy WebLinkAbout2012-10-17; Planning Commission; Resolution 6914 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 ROBERTSON RANCH WEST VILLAGE PROJECT, TO SUBDIVIDE 201.37 ACRES INTO 13 LOTS, MASS GRADE AND PROVIDE BACKBONE INFRASTRUCTURE IMPROVEMENTS ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL, SOUTH OF TAMARACK AVENUE, AND NORTHWEST OF CANNON ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH WEST VILLAGE CASE NO: HMP 11-03 WHEREAS, Rancho Costera, LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as All that portion of Lots “E” and “I” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896; Except therefrom that portion thereof described in Deed to the City of Carlsbad recorded August 14, 2008 as File No. 2008-0435947; or Also except therefrom that portion thereof described in Deed to the City of Carlsbad recorded May 11, 2009 as File No. 2009-0247694 (“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 PLANNING COMMISSION RESOLUTION NO. 6914 PC RESO NO. 6914 -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 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 WHEREAS, the Planning Commission did on October 17, 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 ROBERTSON RANCH WEST VILLAGE 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 11-03, for the ROBERTSON RANCH WEST VILLAGE based on the following findings and subject to the following conditions: Findings: 1. That the Robertson Ranch is shown in Figure 28 of the approved HMP as a Proposed Standards Area and Hardline Preserve Areas with a total acreage of 134.45 acres were established with the approval of the Robertson Ranch Master Plan on November 14, 2006. 2. That authorization to impact sensitive habitats and take of species of concern, through the removal of 0.22 acres of Coastal and Valley Freshwater Marsh, and impact, 0.61 acres of Southern Willow Scrub, 21.22 acres of Diegan Coastal Sage Scrub, 0.14 acres of Chamise Chaparral, 1.28 acres of Non-native Vegetation, 1.88 acres of Eucalyptus Woodland, 8.47 acres of Intensive Agriculture (nurseries), and 220.0 acres of Extensive Agriculture (row crops) were authorized for the Robertson Ranch Master Plan through approval of HMP 06-04 (Planning Commission PC RESO NO. 6914 -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 Resolution No. 6109) and the Robertson Ranch West Village project (HMP 11-03) expands the Robertson Ranch Hardline Preserve by 5.41 acres; a Minor HMP Amendment to revise the Hardline was processed through the Wildlife Agencies by a Finding of Equivalency, and increases in preservation and/or restoration include 0.82 acres of Coastal Valley Freshwater Marsh, 1.01 acres of Diegan Coastal Sage Scrub, 4.14 acres of agricultural land, 0.43 acres of non-native vegetation, .29 acres of Southern Willow Scrub, and 0.19 acres less of urban/developed land 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 is subject to continuous compliance with all mitigation measures as stated in the Robertson Ranch West Village Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the Robertson Ranch Master Plan Final Environmental Impact Report and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in City Council Resolution No. 2006-324, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 4. That authorization to impact sensitive habitats 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). 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 Robertson Ranch Master Plan project. 6. 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 Robertson Ranch Hardline Preserve is expanded by 5.41 acres and a Minor HMP Amendment to revise the Hardline was processed through the Wildlife Agencies by a Finding of Equivalency, increases in preservation and/or restoration include 0.82 acres of Coastal Valley Freshwater Marsh, 1.01 acres of Diegan Coastal Sage Scrub, 4.14 acres of agricultural land, 0.43 acres of non-native vegetation, .29 acres of Southern Willow Scrub, and 0.19 acres less of urban/developed land. 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 authorization to impact sensitive habitats 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. 9. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and PC RESO NO. 6914 -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 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. 10. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Robertson Ranch West Village - GPA 11-07/MP 02-03(C)/CT 11-01/HDP 11-01/SUP 11-02/HMP 11-03, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. 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. PC RESO NO. 6914 -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 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 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 the Robertson Ranch West Village Mitigated Negative declaration and Mitigation Monitoring and Reporting Program GPA 11-07/MP 02-03(C) and CT 11-01/HDP 11-01/SUP 11-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6912 and 6913 for those other approvals incorporated herein by reference. 6. Developer shall implement, or cause the implementation of, the Robertson Ranch West Village - GPA 11-07/MP 02-03(C)/CT 11-01/HDP 11-01/SUP 11-02/HMP 11-03 Project Mitigation Monitoring and Reporting Program. 7. Developer shall implement, or cause the implementation of, the Robertson Ranch Master Plan Final Environmental Impact Report Mitigation Monitoring and Reporting Program. 8. 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. . . . PC RESO NO. 6914 -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 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 lot(s) which are 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, that possesses qualifications to manage the open space lot(s) for conservation purposes. 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. 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 lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 10. 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. . . . . . . . . . . . . . . . . . . . . .