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HomeMy WebLinkAbout2015-06-03; Planning Commission; Resolution 7105 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, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW FOR THE REMOVAL OF UPLAND HABITAT (HABITAT GROUPS E AND F) FOR THE COLLEGE BOULEVARD MITIGATION PROJECT ON PARCEL C, A 8.81-ACRE (NET) PARCEL LOCATED ON A 17.44-ACRE (16.43 NET ACRES) SITE, LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: COLLEGE BOULEVARD MITIGATION CASE NO: HMP 14-02 WHEREAS, WP Golf & Equestrian, “Owner,” and Bent- West LLC, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as Northern Parcel, APN 209-060-71 That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San Diego, State of California, according to the map thereof, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Said parcel being described as Parcel A of Certificate of Compliance recorded March 27, 2007 as instrument No. 2007-0205890 of official records. Southern Parcel, APN 209-060-72 That portion of Lot ‘B’ of Rancho Agua Hedionda in the County of San Diego, State of California, according to the map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Said parcel being described as Parcel D of Certificate of Compliance recorded September 13, 2007 as instrument No. 2007-0603110 of 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 PLANNING COMMISSION RESOLUTION NO. 7105 PC RESO NO. 7105 -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 June 3, 2015, 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 COLLEGE BOULEVARD MITIGATION project is consistent with the HMP as described in the following findings. C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMP 14-01, for COLLEGE BOULEVARD MITIGATION based on the following findings and subject to the following conditions: Findings: 1. That APNs 209-060-71 and 209-060-72 (proposed Parcels A-D), of the College Boulevard Mitigation project are shown in Figure 28 of the approved HMP as a “Proposed Standards Area”. 2. That proposed Parcels and A and D will remain as a “Proposed Standards Areas,” Parcel B will be removed from the “Proposed Standards Area” and Parcel C will be converted to a HMP “Hardline Area” to allow for the long-term preservation of sensitive upland, riparian and wetland habitat. 3. That authorization to impact sensitive habitats through the removal of 0.03 acres of Non- Native Grassland (Habitat Group E) and 6.32 acres of Agricultural/Eucalyptus Woodland/Disturbed habitat (Habitat Group F) on Parcel C 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. PC RESO NO. 7105 -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 4. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for COLLEGE BOULEVARD MITIGATION – GPA 14- 02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10, and is subject to all conditions contained in Planning Commission Resolutions No. 7102, 7103, and 7104 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 5. 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). 6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the College Boulevard Mitigation project. 7. 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, 0.03 acres of Non-Native Grassland (Habitat Group E) and 6.32 acres of Agricultural/Eucalyptus Woodland/Disturbed habitat (Habitat Group F) on Parcel C will be removed and mitigated through the payment of an in-lieu mitigation fee as required pursuant to the HMP. 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. 8. 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. 9. 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. 10. That the City Planner is authorized to sign the Take Permit. 11. 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. 7105 -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 12. That the HMP Consistency Findings for Zone 15 can be met pursuant to the analysis included in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for COLLEGE BOULEVARD MITIGATION- GPA 14-02/ZC 14-01/HDP 14-04/SUP 14- 03/HMP 14-02/MS 14-10, (attached to Planning Commission Resolution No. 7102). 13. That the U.S. Fish and Wildlife Service and the California Department of Fish and Game (Wildlife Agencies) issued a finding that the College Boulevard Mitigation project is consistent with the Habitat Management Plan on May 18, 2015. 14. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for COLLEGE BOULEVARD MITIGATION- GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14- 02/MS 14-10, the potential environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum has 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. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 15. 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. PC RESO NO. 7105 -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 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 Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 14-02/ZC 14-01/HDP 14- 04/SUP 14-03/MS 14-10, and is subject to all conditions contained in Planning Commission Resolutions No. 7102, 7103 and 7104 for those other approvals incorporated herein by reference. 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum, GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10. 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. 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. PC RESO NO. 7105 -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 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. 9. 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. 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. . . . . . . . . . . . . . . . . . . . . . . . .