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HomeMy WebLinkAbout2014-06-04; Planning Commission; Resolution 7059PLANNING COMMISSION RESOLUTION NO. 7059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE INCIDENTAL TAKE OF 4 SPECIES OF CONCERN FOR THE DAYBREAK COMMUNITY CHURCH PROJECT ON A 11.3-ACRE SITE, COMPRISING TWO PROPERTIES, WHICH 5 ARE BOUND BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TO EAST AND FISHERMAN DRIVE TO THE WEST, WITHIN THE MELLO I AND 11 SEGMENTS OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO: HMP 13-02 9 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," 10 has filed a verified application with the City ofCarlsbad regarding property described as 11 Eastern Parcel. APN 215-841-07 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carisbad, County 12 of San Diego, State of California, according to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 13 23,1997 14 Western Parcel. APN 215-080-04 East yi of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 15 16 17 18 19 20 21 22 23 24 2^ the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and 25 WHEREAS, said verified application by Developer constitutes a request for a Habitat 27 Management Plan Permit pursuant to the City's authority as contained in Chapter 21.210 ofthe Zoning 28 Ordinance, on file in the Planning Division; and ("the Property"); and WHEREAS, the City of Carisbad 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 Carisbad, Final Approval November 9, 2004, referred to as 1 2 3 4 5 6 7 14 15 16 WHEREAS, the Planning Commission did on June 4, 2014, 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. g B) That the DAYBREAK COMMUNITY CHURCH project is consistent with the HMP as described in the following findings. 9 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS 10 APPROVAL of Habitat Management Plan Permit, HMP 13-02, for DAYBREAK COMMUNITY CHURCH based on the following findings and subject to the following 11 conditions: 12 Findings: 13 1. That the western parcel (APN 215-080-04) of the Daybreak Community Church project is shown in Figure 28 of the approved HMP as a "Proposed Standards Area" and the southern portion of the eastern parcel (APN 215-841-07) is identified as an "Existing Hardline Conservation Area." 2. That authorization to impact sensitive habitats through the removal of 0.05 acres of Unoccupied Diegan Coastal Sage Scrub (Habitat Group D) and 0.80 acres of 27 Disturbed/Ornamental/Non-Native habitat (Habitat Group F) is subject to continuous compliance with all provisions ofthe Habitat Management Plan for Natural Communities in the 28 City of Carisbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the 19 Biological Opinion. 20 3. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring 21 and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02, and is subject to all 22 conditions contained in Planning Commission Resolutions No. 7055, 7056, 7057, 7058 and 7059 for those other approvals, including but not limited to recordation of conservation easements 23 over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 24 ^ 2g 4. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, 11 and III of the Multiple Habitat Conservation Program and the Final 25 Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area 27 (SCH No. 93121073). 28 PC RESO NO. 7059 1 „ 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities 2 related to construction and operation of the Daybreak Community Church project. 3 6. That the project design as approved by the City of Carisbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the 4 sensitive upland habitat proposed to be removed on the eastern parcel will be mitigated on- site as required pursuant to the HMP and the southern portion of both the western and 5 eastern parcels will be permanently preserved through a biological conservation easement on an Open Space lot. In addition, mitigation measures have been included which prevent negative effects on the adjacent sensitive habitat which include: erosion control; landscaping; fencing, signage, and lighting; and predator and exotic species control. 17 18 That the City Planner is authorized to sign the Take Permit. g 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 g Implementing Agreement. 20 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 11 all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 12 " 13 „ 10. The Planning Commission hereby finds that all development in Carisbad benefits from the 14 Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective 15 protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carisbad'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 29 Mitigation Fee imposed on all new development within the City is essential to fund implementation ofthe City's Habitat Management Plan. 20 11. That the HMP Findings for Zone 20 can be met pursuant to the analysis included in the 21 Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00- 22 06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 (attached to Planning Commission Resolution No. 7055) and pursuant to Wildlife Agency concurrence received on February 13, 2014, 23 incorporated herein by reference. 24 12. The Planning Commission of the City of Carisbad does hereby find: 25 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK 26 COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this 27 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and ^'^ PC RESO NO. 7059 -3- based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 1 ,. b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 2 and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 3 Procedures of the City of Carisbad; and 4 c. it reflects the independent judgment of the Planning Commission of the City of Carisbad; and 5 6 ^ " 13. The Planning Commission has reviewed each of the exactions imposed on the Developer g 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 9 of the exaction is in rough proportionality to the impact caused by the project. 10 Conditions: 11 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 12 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 13 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 14 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. 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. 15 16 17 18 19 3. If any condition for construction of any public improvements or facilities, or the payment of any 2Q 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 22 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. 22 Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 23 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 24 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 25 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 26 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 27 emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 7059 -4- 1 „ Planning Commission Resolutions No. 7055, 7056, 7057 and 7058 for those other approvals 2 incorporated herein by reference. 3 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12-04/LCPA 12- 4 04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. 5 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 6 environmental documents for the project. Pursuant to Government Code section 65871 and Carisbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a ^ conservation easement forthe conservation, protection, and management offish, wildlife, native g plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 9 Prior to the issuance of a grading permit or clearing of any habitat, whichever occurs first, the 20 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 21 Habitat Management Plan: 12 a. Prepare an interim Area Specific Management Directive (ASMD) for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the 13 requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. The applicant shall submit this document and gain concurrence 14 from the City Planner as to the specific maintenance requirements for this open space area to satisfy this condition; 15 b. Select a conservation entity which possesses the necessary qualifications to manage the open space lot(s) for conservation purposes. The applicant shall demonstrate that a contractual agreement is in place to satisfy this condition; 18 25 26 27 28 c. Record a Conservation Easement over the open space lots(s); and 29 d. Prepare an Interim Preserve Management Plan to: 1) Provide fencing along public right of ways to block public access to the open space 20 areas to match the existing Aviara fencing if feasible; 2) Provide adequate onsite erosion control measures to minimize runoff of sediment 21 onto public streets and into storm water systems; 3) Remove any onsite trash and maintain property in a debris-free condition, and; 22 4) Establish a program/schedule of maintenance for the Interim Preserve Management measures. 23 Unless otherwise stated below, prior to the issuance of a building permit for a habitable structure 24 or two years from the date of City Council approval for the project, whichever occurs first, the Developer shall take the following actions, to the satisfaction ofthe City Planner: 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; PC RESO NO. 7059 1 „ Prepare a Property Analysis Record (PAR) or other method acceptable to the City for 2 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 3 Conservation Plan and the City's Open Space Management Plan; 4 b. 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 5 sufficient for management and monitoring of the open space lot(s) in perpetuity; 6 7 15 16 20 21 22 27 28 Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity; and g d. Prior to the issuance of a grading permit, the applicant shall provide written assurance, subject to the City Planner's approval, that this condition will be satisfied prior to a 9 building permit for a habitable structure or no later than two years from the date of City Council approval. 10 10. This project has been found to result in impacts to wildlife habitat or other lands, such as 11 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 12 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; 13 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 14 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 27 any and all approvals for this project shall become null and void. 18 NOTICE 19 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 Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will 22 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 24 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 25 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 26 statute of limitations has previously otherwise expired. PC RESO NO. 7059 -6- 1 2 3 4 5 6 7 8 12 PASSED, APPROVED AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAJW: 9 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 10 11 ATTEST: 13 DON NEU City Planner 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7059 -7-