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HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6939 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 QUARRY CREEK MASTER PLAN, TO SUBDIVIDE 156 ACRES INTO 16 LOTS, MASS GRADE AND PROVIDE BACKBONE INFRASTRUCTURAL IMPROVEMENTS ON PROPERTY GENERALLY LOCATED SOUTH OF HAYMAR ROAD AND WEST OF COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK MASTER PLAN CASE NO: HMP 11-07 WHEREAS, Quarry Creek Investors, LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Hanson Aggregate Pacific Southwest, Inc., “Owner,” described as That portion 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 and also described as Assessor’s Parcel Number 167-040- 11-00 and; That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to patent map thereof, recorded in Book 1, Page 150 of patents, filed in the Office of the County Recorder of said San Diego County, and also described as Assessor’s Parcel Number 167- 040-21-00 (“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 PLANNING COMMISSION RESOLUTION NO. 6939 PC RESO NO. 6939 -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 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 WHEREAS, the Planning Commission did on February 6, 2013, 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 QUARRY CREEK MASTER PLAN 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 11-07, for the QUARRY CREEK MASTER PLAN based on the following findings and subject to the following conditions: Findings: 1. That the Quarry Creek area is shown in Figure 28 of the approved HMP as a Proposed Hardline Conservation Area would have conserved a total of 73.25 acres. The proposed project would conserve 82.75 acres or 9.5 acres above the original HMP proposed hardline. 2. That authorization to impact sensitive habitats and take of species of concern, through the removal of 0.34 acre of Southern riparian woodland, .06 acre of southern willow scrub, .02 acre of mule fat scrub and impacts to southern riparian woodland, PC RESO NO. 6939 -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 southern willow scrub, and mule fat scrub will be mitigated at a 3:1 ratio with a minimum 1:1 creation ratio. In total, impacts to riparian vegetation communities provide 1.26 acres of mitigation. The proposed project will include 0.42 acres of riparian creation, and 0.84 acres of enhancement of wetlands on-site or immediately off-site along Buena Vista Creek. Impacts to 0.2 acres of native grassland will be mitigated at a 3:1 ratio (0.6 acres) through on-site preservation of 0.1 acres of native grassland and restoration of 0.5 acres of native grassland within on-site open space. Impacts to 13.1 acres of Diegan coastal sage scrub will be mitigated at a 2:1 ratio (26.2 acres) through on-site preservation of 25.2 acres of Diegan coastal sage scrub. The remaining 1.0 acres will be mitigated through restoration of Diegan coastal sage scrub on-site. Impacts to 0.2 acres of coastal sage chaparral scrub and 0.1 acres of southern mixed chaparral will be mitigated at a 1:1 ratio (0.3 acres) through on-site preservation of 0.2 acres of coastal sage chaparral scrub and 0.1 acres of southern mixed chaparral. Impacts to 24.6 acres of non-native grassland will be mitigated at a 0.5:1 ratio (12.3 acres). The applicant will include preservation of 10.0 acres of non-native grassland and either payment of the in lieu fee or restoration of 2.3 acres of grassland habitat on-site. Impacts to 6.3 acres of disturbed habitat, 0.1 acres of eucalyptus woodland and 0.4 acres of non-native vegetation will be mitigated at a 0.1:1 ratio with on-site preservation of 0.68 acres southern mixed chaparral. The Quarry Creek Master Plan project (HMP 11-07) expands the proposed Hardline Preserve by 9.5 acres; a Minor HMP Amendment for a Finding of Equivalency to revise the proposed Hardline has been approved by the Wildlife Agencies. Mitigation for the biological impacts are stated in the MMRP of EIR 11-02 and are 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 Quarry Creek Master Plan Final Environmental Impact Report (EIR 11-02) and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolution No. 6936, 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 Quarry Creek 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. PC RESO NO. 6939 -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 Specifically; the proposed Hardline Preserve is expanded by 9.5 acres and a Minor HMP Amendment to revise the proposed Hardline has been approved by the Wildlife Agencies by a Finding of Equivalency. Increases in preservation and/or restoration include 7.76 acres of Coastal Sage Scrub, 1.66 acres Riparian, .18 acre grassland, .54 acre disturbed and .13 acre developed. 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 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 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. . . . PC RESO NO. 6939 -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 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 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 Quarry Creek Master Plan EIR 11-02 and Mitigation Monitoring and Reporting Program, GPA 11-09/MP 10-01/ZC 11-04/LFMP 87-25 and CT 11-04/ SUP 11-04/HDP 11-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6936, 6937 and 6938 for those other approvals incorporated herein by reference. 6. Developer shall implement, or cause the implementation of, the Quarry Creek Master Plan Final Environmental Impact Report Mitigation Monitoring and Reporting Program. 7. 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. 8. 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 PC RESO NO. 6939 -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 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. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE 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.” 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 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 annul their imposition. 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 expired. . . . . . . . . . . . . I 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 6, 2013, by the following vote, to wit: AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, Montgomery, Schumacher, Scully and Segall NOES: ABSENT: ABSTAIN: ,~ K s~(l.MAA J . I KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNED City Planner PC RESO NO. 6939 -7-