HomeMy WebLinkAbout2013-03-06; Planning Commission; Resolution 6939
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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
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-
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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,
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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.
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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-
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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
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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.
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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-