HomeMy WebLinkAbout2015-06-03; Planning Commission; Resolution 7105
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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
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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 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.
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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.
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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.
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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.
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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.
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