HomeMy WebLinkAbout2005-10-18; City Council; 18314; North County Habitat BankAB# 18,314
MTG. 10/18/05
DEPT. PLN
Project Applications
GPA 04-1 5
ZC 04-1 1
CITY OF CARLSBAD -AGENDA BILL
TITLE: -
NORTH COUNTY HABITAT BANK
GPA 04-15/ZC 04-1 I/LCPA 04-13
Administrative Reviewed by and To be reviewed -
Approvals Final at Planning Final at Council
Commission
X
X
CITY MGR *
LCPA 04-1 3
CUP 04-19
RECOMMENDED ACTION:
X
X
That the City Council INTRODUCE Ordinance No. APPROVING Zone Change (ZC
04-1 I), and ADOPT Resolution No. 2005-31 1. APPROVING in concept General Plan Amendment
(GPA 04-15) and APPROVING Local Coastal Program Amendment (LCPA 04-13), based on the
findings and subject to the conditions contained therein.
NS-776
ITEM EXPLANATION:
On September 7, 2005, the Planning Commission held a public hearing for this project. The project
involves the creation of a habitat mitigation bank on a parcel located immediately east of the Costco
driveway. The project requires City Council approval of the GPA, ZC, and LCPA. The approval of
the Conditional Use Permit (CUP) was final at the Planning Commission level (contingent upon the
approval of the GPA, ZC, and LCPA). The subject site is in the Mello II Segment of the City’s Coastal
Program.
The proposed General Plan Amendment would change the combination land use designation from
Planned Industrial and Open Space (PIIOS) to OS on the entire 18.73 acre property. The proposed
Zone Change would change the zoning from Limited Control (L-C) to OS. The habitat mitigation
bank project would yield approximately 15.7 acres of primarily wetland and riparian habitat which
could be sold as mitigation credits for impacts from development projects in the service area.
The proposed project was presented to the Planning Commission with a staff recommendation of
spproval. After hearing public testimony and based on the evidence presented at the hearing, the
Commission approved the Conditional Use Permit (CUP 04-1 9) and recommended approval of the
General Plan Amendment, Zone Change, and Local Coastal Program Amendment.
ENVIRONMENTAL:
The proposed project has been reviewed pursuant to the California Environmental Quality Act
[CEQA). The Planning Director has determined that, due to the passive nature (no soil disturbance
and no clearing of habitat), the project will not result in any potentially significant impact on the
mvironment. Therefore, a Notice of Exemption under the general rule will be issued.
FISCAL IMPACT:
Vo fiscal impacts have been identified.
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EXHIBITS:
1. City Council Ordinance No. NS-776
2. City Council Resolution No.
3. Location Map
4.
5.
6.
Planning Commission Resolution Nos. 5963, 5964, and 5965
Planning Commission Staff Report, dated September 7, 2005
Excerpts of Planning Commission Minutes, dated September 7, 2005.
DEPARTMENT CONTACT: Elaine Blackburn, (760) 602-4621, eblac@ci.carlsbad.ca.us
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ORDINANCE NO. NS-776
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE NORTH COUNTY
APPROXIMATELY 18.73 ACRES GENERALLY LOCATED ON
THE SOUTH SIDE OF PALOMAR AIRPORT BETWEEN
ARMADA DRIVE AND HIDDEN VALLEY ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
HABITAT BANK ZONE CHANGE (ZC 04-11) ON
NORTH COUNTY HABITAT BANK
CASE NO.: ZC 04-1 1
WHEREAS, the North County Habitat Bank Zone Change is in conformance with
the City of Carlsbad Habitat Management Plan for the subject property as well as current city
ordinances; and
WHEREAS, the City Council did on the 18th day of October I
2005 hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown
on Exhibit “ZC 04-1 1” dated September 7, 2005, incorporated by reference.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That the Zone Change (ZC 04-1 1) dated September 7,2005, on file
in the Planning Department, and incorporated by reference herein, is approved. The Zone
Change shall constitute the zoning for the property and all development shall conform to the
zoning .
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 5964 shall also constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
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INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
Council on the 18th dayof October 2005, and thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
2005, by of the City of Carlsbad, California, held on the
the following vote, to wit:
day of
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
-2-
'. .
Property
A. 211-040-33-00
B.
C.
ZC 04-11 North County Habitat Bank
SeDtember 7,2005
From: To:
L-C os
WSTING
PROPOSED
I Related Case File Nols): GPA 04-7WLCPA 04-73JCUP 04-79 I
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RESOLUTION NO. 2005-31 I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT IN CONCEPT, ZONE CHANGE, AND LOCAL
COASTAL PROGRAM AMENDMENT TO REZONE AN 18.73
ACRE PARCEL GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOMAR AIRPORT ROAD BETWEEN ARMADA DRIVE
AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTYHABITAT BANK
CASE NO.: GPA 04-15/ZC 04-1 I/LCPA 04-13
WHEREAS, pursuant to Chapter 21.54 of the Municipal Code, the Planning
Commission did on September 7, 2005, hold a duly noticed public hearing as prescribed by law
to consider the General Plan Amendment (GPA 04-15), Zone Change (ZC 04-11), Local
Coastal Program Amendment (LCPA 04-1 3) and Conditional Use Permit (CUP 04-1 9) for 18.73
acres of land and adopted Planning Commission Resolutions No. 5963, 5964, 5965, and 5966
approving CUP 04-19 and recommending to the City Council that the General Plan Amendment,
Zone Change, and Local Coastal Program Amendment be approved; and
WHEREAS, the City Council did on the 18th dayof , 2005 October
hold a duly noticed public hearing as prescribed by law to consider said General Plan
Amendment, Zone Change, and Local Coastal Program Amendment and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the General Plan Amendment, Zone Change, and Local Coastal Program
Amendment.
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commission in Planning
Commission Resolutions No. 5963, 5964, and 5965 for GPA 04-1 5, ZC 04-1 1 and LCPA 04-1 3
respectively, are approved and on file with the City Clerk and incorporated herein by reference.
3. That the recommendation of the Planning Commission for the approval of
General Plan Amendment GPA 04-13 as shown in Planning Commission Resolution No. 5963
is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 3
of 2005. That the General Plan Amendment, Zone Change and Local Coastal Program
Amendment, GPA 04-1 5, ZC 04-1 1 and LCPA 04-13 respectively, are approved as shown ind
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Planning Commission Resolutions No. 5963, 5964 and 5965 on file with the City Clerk and
incorporated he rei n by reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 18th day of October 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: None
A EST: A
-2- 7
NORTH COUNTY HABITAT BANK
GPA 04-1 SJZC 04-1 I ILCPA 04-1 3
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 5963
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION
ELEMENT OF THE GENERAL PLAN ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD BETWEEN ARMADA DRIVE
AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTY HABITAT BANK
CASE NO: GPA 04- 15
WHEREAS, Westmark Development Corporation, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcel 4 of Parcel Map No. 16860
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “GPA 04-15” dated September 7, 2005, attached hereto and
on file in the Carlsbad Planning Department NORTH COUNTY HABITAT BANK - GPA 04-
15 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of September 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public 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 General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
/
RECOMMENDS APPROVAL of NORTH COUNTY HABITAT BANK -
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GPA 04-15, based on the following findings and subject to the following
conditions:
Findinm:
1. The Planning Commission finds that the project is in conformance with the elements of
the City’s General Plan based on the facts set forth in the staff report dated September 7,
2005 including, but not limited to the following: a) that the proposed Open Space
land use is compatible with the surrounding land uses in that the adjacent land uses
are designated for Planned Industrial, Open Space, Residential, and Commercial
uses; b) that the land use change is based on the environmental conditions of the
property which make it appropriate for use as a habitat mitigation bank; and c)
that the proposed Open Space land use is consistent with the Habitat Management
Plan designation of a portion of the property as a hard line conservation area.
Conditions:
1. This approval is granted subject to the approval of ZC 04-11, LCPA 04-13, and CUP
04-19 and is subject to all conditions contained in Planning Commission Resolutions No.
5964,5965 and 5966 for those other approvals incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of September 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5963 -2-
. .-
Property
A. 21 1-040-33-00
B.
C.
D.
GPA 04-15 North County Habitat Bank
From: To: PI/os os
SeDtember 7,2005
EXISTING
PROPOSED
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PLANNING COMMISSION RESOLUTION NO. 5964
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM LIMITED
GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD BETWEEN ARMADA DRIVE
AND HIDDEN VALLEY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTY HABITAT BANK
CONTROL (L-C) TO OPEN SPACE (OS) ON PROPERTY
CASE NO: ZC 04-11
WHEREAS, Westmark Development Corporation, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcel 4 of Parcel Map No. 16860
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “ZC 04-11” dated September 7, 2005, attached hereto and on file in the Planning
Department, NORTH COUNTY HABITAT BANK - ZC 04-11 as provided by Chapter 21.52
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of September, 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public 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 Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
ZC 04-11 based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of NORTH COUNTY HABITAT BANK--
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Findinps :
1. That the proposed Zone Change from L-C (Limited Control) to 0-S (Open Space is
consistent with the goals and policies of the various elements of the General Plan, in that
the proposed project will create a habitat preservation bank (preserved open space
only) and the 0-S (Open Space) zone is the appropriate zone for preserved open
space.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the 0-S (Open Space) Zone is the implementing zone for the OS
(Open Space) General Plan designation being applied to the property.
3. That the Zone Change is consistent with the public convenience, necessity and general
welfare, and is consistent with sound planning principles in that the proposed project
will create a habitat preservation bank and the 0-S (Open Space) zone is the
appropriate zone for preserved open space.
Conditions:
1. This approval is granted subject to the approval of GPA 04-15, LCPA 04-13, and CUP
04-19 and is subject to all conditions contained in Planning Commission Resolutions No.
5963,5965 and 5966 for those other approvals incorporated herein by reference.
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 fiom 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 feedexactions
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.
...
PC RES0 NO. 5964 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 7th day of September 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5964 -3-
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Genera
PLANNING COMMISSION RESOLUTION NO. 5965
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
GENERAL PLAN, AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED ON THE
SOUTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN
ARMADA DRIVE AND HIDDEN VALLEY ROAD.
CASE NAME: NORTH COUNTY HABITAT BANK
CASE NO: LCPA 04- 13
WHEREAS, California State law requires that the Local Coastal Program,
Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, Westmark Development Corporation, “Developer/Owner”, has
filed a verified application for an amendment to the Local Coastal Program designations
regarding property described as
Parcel 4 of Parcel Map No. 16860
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits “GPA 04-15” attached to Planning Commission
Resolution No. 5963 and “ZC 04-11” attached to Planning Commission Resolution No.
5964 both dated September 7, 2005, attached hereto, as provided in Public Resources Code
Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the
California Code of Regulations of the California Coastal Commission Administrative
Regulations; and
WHEREAS, the Planning Commission did on the 7th day of September 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public 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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period, starting on July 22,
2005, and ending on September 1,2005, staff shall present to the City Council a
summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
LCPA 04-13 based on the following findings:
C) RECOMMENDS APPROVAL of NORTH COUNTY HABITAT BANK -
Findings:
1.
2.
...
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That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the proposed Land Use Plan and zoning changes from PUOS
to OS and L-C to 0-S respectively will ensure consistency with the City’s proposed
General Plan and zoning changes.
That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring the property’s LCP Land Use Plan map and zoning map
designations into consistency with the City’s proposed General Plan and zoning
designations.
PC RES0 NO. 5965 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 7th day of September 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAN:
CARLSBAD PLANNING COMMISSION
ATTEST:
A
DON NEU
Assistant Planning Director
PC RES0 NO. 5965 -3-
i 'he City of Carlsbad Planning Department
P.C. AGENDA OF: September 7,2005
EXHIBIT 5
Application complete date: February 25,2005
Project Planner: Elaine Blackburn
Project Engineer: Jeremy Riddle
A REPORT TO THE PLANNING COMMISSION
SUBJECT: GPA 04-15/ZC 04-11/LCPA 04-13/CUP 04-19 - NORTH COUNTY
HABITAT BANK - Request for approval of a General Plan Amendment, Zone
Change, Local Coastal Program Amendment, and Conditional Use Permit to
allow the creation of a 15.7-acre habitat mitigation bank on a site located on the
south side of Palomar Airport Road between Armada Drive and Hidden Valley
Road and within Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5963, 5964,
and APPROVING CUP 04- 19 based upon the findings and subject to the conditions contained
therein.
5965 and 5966 RECOMMENDING APPROVAL of GPA 04-1 5, ZC 04-1 1, and LCPA 04-13
11. INTRODUCTION
The proposed project involves a request to create a habitat mitigation bank for the sale of
mitigation credits on a site located on the south side of Palomar Airport Road just east of the
Costco entrance and parking lot. The proposed project requires approval of a General Plan
Amendment, Zone Change, and Local Coastal Program Amendment to change the General Plan
and Local Coastal Program land use designations from Planned Industrial and Open Space
(PVOS) to OS and to change the City and Local Coastal Program zoning from Limited Control
(L-C) to OS, and a Conditional Use Permit to create a habitat mitigation bank. The proposed
bank would create 15.7 acres of for-sale mitigation credits to be sold to developers. The creation
of the bank is passive in nature involving only the on-going removal (by non-mechanized means)
of invasive species and the restoration, preservation and enhancement of sensitive resources on
the site. There are no outstanding planning issues associated with the proposed project.
111. PROJECT DESCRIPTION AND BACKGROUND
As stated above, the proposed project is passive in nature. Activities needed to create the habitat
bank include removal of invasive species and the restoration, enhancement, and preservation of
sensitive habitat on the site. The majority of the invasive species removal has already been
accomplished. The Agua Hedionda Lagoon Foundation provided fimds for this activity through
a grant program. Those activities were determined to be exempt from Coastal Development
Permit requirements and California Environmental Quality Act (CEQA). The activities involved
the use of only non-mechanized equipment, no disturbance of slopes (i.e., no grading), and no
taking of sensitive habitat. The maintenance/management of the proposed habitat bank will, of
course, require on-going control of invasive species and phased enhancement of the habitat on
,--. GPA 04-1 5/ZC 04-1 l/LCPA ~4- 13/CUP 04-1 9 - NORTH COUNTY hABITAT BANK
September 7,2005
the site. Those activities will continue to be conducted in a non-impactful manner (i.e., no
mechanized equipment and no slope disturbance).
The project site consists of a total of 18.73 acres, which will yield about 15.7 acres of mitigation
bank credits. (There is an existing Vista sewer line and access roadway easement on the site and
a second easement area of 1.55 acres which has been previously conserved as open space
mitigation for the Park View West project (CT 85-15)). Together these two areas account for
approximately 3 acres of the total parcel which could not be counted toward bank credits. The
subject property was previously used for ranching and farming. More recently the site has been
used (to a limited extent) by pedestrians and for homeless encampments. The site is relatively
flat with a gentle slope and contains some depression areaddrainage channels. Encinas Creek
bisects the property. The southwestern comer of the property slopes upward from the Creek.
The site originally contained riparian and upland vegetation as well as approximately 6.5 acres of
pampas grass. Most of the pampas grass has now been destroyed and removed. As part of this
project, the areas where the pampas grass was removed will be restored as riparian habitat.
The project site is currently designated Planned Industrial and Open Space (PJIOS) on the City’s
General Plan Land Use Map and the Coastal Program Land Use Map. The developer is
proposing to change the designation to OS. OS is the appropriate General Plan designation for
the proposed habitat bank use, The project site is currently zoned Limited Control (L-C). The
site is also located within the CommercialNisitor-Serving Overlay Zone; however, it is not a use
which is subject to the requirements of the Overlay Zone pursuant to Section 21.208.030 of the
Carlsbad Municipal Code. The developer is proposing to change the zoning to OS. OS is the
appropriate zoning for the proposed use.
The property to the north of the subject site is designated TraveVRecreation Commercial (TR) on
the General Plan and has Tourist Serving Commercial zoning with a Qualified Overlay (C-T-Q).
That area is developed with the Legoland park, the Grand Pacific Resort, and related office and
other uses. The property to the east of the subject site is designated Planned Industrial (PI) on
the General Plan and has Planned Industrial with a Qualified Overlay (P-M-Q) zoning. That area
is developed with office uses (the Kelly Corporate Center). Properties to the south of the subject
site are designated Residential - Medium Density (RM) and OS on the General Plan and have
Single Family Residential with a Qualified Overlay (R-1-Q) and OS zoning. The areas to the
south and southwest are undeveloped. Properties to the west of the subject site are designated
Regional Commercial (R) on the General Plan and have General Commercial with a Qualified
Overlay (C-2-Q) zoning. Those areas are developed with the Costco warehouse store and related
uses (including restaurants).
IV. ANALYSIS
The project requires approval of the following legislative actions and discretionary permits:
General Plan Amendment from PI and OS (Planned Industrial and Open Space) to OS
(Open Space);
Zone Change from L-C (Limited Control) to OS (Open Space);
Local Coastal Program Amendment to implement the land use and zone change in the
Local Coastal Program; and
,
GPA 04-1 5/ZC 04- 1 1 LCPA ~4- 1 3/CUP 04- 19 - NORTH COUNTY hABITAT BANK
September 7,2005
Conditional Use Permit.
The project is subject to the following regulations and requirements:
Carlsbad General Plan OS (Open Space) designation regulations;
Zoning OS (Open Space) Zone and L-C (Limited Control) Zone (Chapters 21.33 and
2 1.39 of the Carlsbad Municipal Code;
Conditional Use Permit regulations (Chapter 2 1.42 of the Carlsbad Municipal Code);
Coastal Development regulations for the Coastal Resource Protection Overlay Zone
(Chapters 2 1.20 1 and 2 1.203 of the Carlsbad Municipal Code);
Habitat Management Plan (HMP); and
Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendation for approval for this project was developed by analyzing the project for
consistency with the applicable City regulations and policies. The project’s compliance with
each of the above regulations is discussed in detail in the sections below.
LePislative Actions
A. General Plan Amendment/Consistency
The project site is currently designated PI/OS (Planned Industrial/Open Space). The developer is
proposing to change the designation to OS. OS is the appropriate General Plan designation for
the proposed habitat bank use.
The portion of the property fronting Palomar Airport Road (approximately half of the acreage)
has the PI designation and the rear (southem-most) portion of the site has the OS designation.
The OS designated portion is within an existing hard-line open space area in the HMP. The
proposed General Plan Amendment would result in the entire property having the OS
designation. Since the proposed use is a habitat mitigation bank, the OS designation would be
the appropriate General Plan designation for the site. Consistency of the project with the various
goals and objectives of the General Plan is demonstrated in Table 1 below.
ELEMENT
Land Use Element
(Environmental), Goal
A
‘able 1 - GENERAL PL
USE, GOAL,
OBJECTIVE, OR
PROGRAM
A City which protects
and conserves natural
resources, fragile
ecological areas, unique
natural assets and
historically significant
features of the
community.
N CONSISTENCY
PROPOSED USES
OR
IMPROVEMENTS
The proposed habitat
mitigation bank will
preserve and enhance
natural resources of
importance to the
community and will
provide mitigation
credits for
developments in the
Citv.
CONSISTENT?
Yes
GPA 04- 15/ZC 04- 1 l/LCPA U4- 13/CUP 04-1 9 - NORTH COUNTY HABITAT BANK
September 7,2005
Pape 4
ELEMENT
Open Space &
Conservation Element
(Open Space Planning
and Protection),
Policy/Program C.4
’able 1 - GENERAL PLAN CONSISTENCY
USE, GOAL, I PROPOSED USES
OBJECTIVE, OR OR
PROGRAM 1 IMPROVEMENTS
Identify existing open
space for protection,
management, and
potential enhancement
to maintain and, if
possible, increase its
value as wildlife
habitat.
1 The proposed habitat
’ mitigation bank will
preserve the natural
resources on the project
site and will increase
the quality and,
therefore, the value of
the wildlife habitat.
B. Zone Change/Zoning (0-S, L-C), and CommerciaWisitor-Serving Overlay Zones
The subject property is currently zoned Limited Control (L-C). The developer is proposing to
change the zoning to OS. There are no development standards in the OS Zone which would
apply to the proposed habitat bank use. The OS Zone is the implementing zone for the proposed
OS General Plan designation and the appropriate zoning for the intended use. The project site is
also located within the CommercialNisitor-Serving Overlay Zone. However, pursuant to Section
2 1.208.030, the permit requirements and development standards of the Overlay Zone apply only
to commercial visitor-serving uses and such portions of mixed-use projects. Therefore, the
permit requirements and development standards do not apply to the proposed project.
C. Local Coastal Program Amendment
The subject property is located in the Mello I1 segment of the City’s Local Coastal Program
(LCP). The proposed LCPA is required to change the LCP Land Use designation from PI/OS to
OS and the LCP zoning from L-C to OS. The proposed LCPA land use and zoning changes will
ensure consistency with the City’s General Plan and zoning designations.
The proposed changes of the PI General Plan designation on a portion of the site to Open Space
(OS) and the proposed change of zoning from L-C to 0-S are consistent with the policies
contained in the Land Use Plan for the Mello I1 segment of the LCP. Since no subdivision of the
subject property is proposed and no development (i.e., grading or construction) is proposed with
this project, there will be no impacts to any physical features, such as scenic resources,
environmentally sensitive areas, or geologic features.
Remlatow Compliance
D. Conditional Uses
A habitat mitigation bank (“biological habitat preserve”) requires approval of a Conditional Use
Permit pursuant to Section 21.42.010(15). Staff has reviewed the proposed project and
recommends that all of the findings necessary to approve the CUP can be made. Project
consistency with each of the required findings is discussed in Table 2 below.
GPA 04- 1 5/ZC 04- 1 1 LCPA ~4- 13/CUP 04- 19 - NORTH COUNTY hABITAT BANK
September 7,2005
Page 5
Table 2 - CONDITIONAL USE PERMIT FINDINGS AND RESPONSES
FINDING
That the requested use is necessary or desirable
for the development of the community, is
essentially in harmony with the various elements
and objectives of the General Plan, including, if
applicable, the certified local coastal program,
and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the
proposed use is to be located.
That the site for the intended use is adequate in
size and shape to accommodate the use.
That all of the yards, setbacks, walls, fences,
landscaping, and other features necessary to
adjust the requested use to existing or permitted
fbture uses in the neighborhood will be provided
and maintained.
That the street system serving the proposed use is
adequate to properly handle all traffic generated
by the proposed use.
RESPONSE
The proposed use (a habitat mitigation bank) is a
desirable use in the community because it will
provide mitigation credits to offset development
impacts within the City and the bank service area.
The proposed use is in harmony with the General
Plan in that the General Plan already designates a
portion of.the site and an adjacent parcel for open
space preservation. The use will not be
detrimental to existing or anticipated uses in that
an open space use will be a very passive use,
generating no noise, visual impacts, or traffic.
The proposed use requires no minimum size or
unique configuration to function as a habitat
bank. However, the site is large enough (15.7
acres) to provide a functional bank and is
immediately adjacent to another open space
parcel (preserved as open space by easement) just
to the southwest of the subject property;
therefore, the proposed open space parcel will
Drovide contirruous oDen mace and habitat.
No yards, setbacks, wall, fences, landscaping, or
other features are required to adjust the proposed
use to the neighborhood and no such features are
proposed.
The proposed project will generate no significant
traffic. Management of the bank will include
periodic efforts to keep out invasive species and
to plant new vegetation. However, these trips
will likely involve fewer than five vehicles at any
given time and will typically last for only a few
days at a time.
E. Coastal Development Regulations
The project site is located in the Mello I1 segment of the City’s Local Coastal Program. The
California Coastal Commission staff has previously determined that the invasive species removal
program activities are exempt from the requirements for a Coastal Development Permit (CDP).
The creation of the mitigation bank (i.e., the on-going maintenance and management activities)
would occur in a similar non-impactful manner (i.e., no mechanized equipment, no slope
disturbance, etc.). Therefore, these activities would also be exempt from the requirements for a
Coastal Development Permit.
GPA 04-1 5/ZC 04- 1 1/LCPA 04- 13/CUP 04- 19 - NORTH COUNTY HABITAT BANK
September 7,2005
Page 6
F. Habitat Management Plan
The project parcel consists of a total of 18.73 acres of undeveloped land. The street-fronting
portion of the project parcel (approximately half of the acreage) has a PI (Planned Industrial)
General Plan designation and L-C (Limited Control) zoning and is shown in the HMP as a
developable area. The rear (southern-most) portion of the site has L-C zoning and an Open
Space (OS) General Plan designation and is identified as an existing hard-line open space area in
the HMP. The proposed project would preserve and enhance the entire parcel in an open space
easement and is, therefore, consistent with the HMP.
G. Growth Management
The proposed project is located within Local Facilities Management Zone 5 in the Southwest
quadrant of the City. Any request to change the land use of a property must be consistent with
the City’s Growth Management Plan. The area proposed for the land use and zoning change
will not be developed, and no new public facilities are necessary in the area. Therefore, the
proposed land use and zoning change and the approval of the proposed habitat bank would not
have any impacts on public facilities or services and the proposed project is consistent with the
Growth Management Ordinance.
V. ENVIRONMENTAL REVIEW
The proposed project activities (removal of invasive species by non-mechanized means and
habitat preservation and enhancement) were determined to be exempt from CEQA by the County
of San Diego and a Notice of Exemption was issued for those activities on September 2, 2004.
The activities included in that action have been completed. The proposed bank creation involves
no soil disturbance and no clearing of habitat. The approvalhreation of the proposed bank would
have beneficial environmental impacts by creating and enhancing habitat on the site, and the on-
going management activities would continue to be passive and non-impactful. Therefore, the
Assistant Planning Director has determined that the proposed project is exempt from CEQA
under the general rule that it will have no adverse environmental impacts.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Planning Commission Resolution No. 5963 (GPA 04-1 5)
Planning Commission Resolution No. 5964 (ZC 04-1 1)
Planning Commission Resolution No. 5965 (LCPA 04-13)
Planning Commission Resolution No. 5966 (CUP 04-19)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Letter from Army Corps of Engineers dated May 13,2005
Letter from City of Carlsbad dated November 12,2004
California Coastal Commission Notice of Exemption dated September 2, 2004
County of San Diego Notice of Exemption (CEQA) dated September 2,2004
Full Size Exhibits “A” - “B” dated September 7,2005
BACKGROUND DATA SHEET
CASE NO: GPA 04- 1 5/ZC 04- 1 l/LCPA 04- 1 3/CUP 04- 19
CASE NAME: NORTH COUNTY HABITAT BANK
APPLICANT: WESTMARK DEVELOPMENT CORPORATION
REQUEST AND LOCATION: A request for a General Plan Amendment. Zone Change, Local
Coastal Program Amendment (map change). and Conditional Use Permit to create a habitat
mitigation bank on property located on the south side of Palomar Airport Road between Armada
Drive and Hidden Valley Road.
LEGAL DESCRIPTION: Parcel 4 of Parcel Map No. 16860
APN: 21 1-040-33 Acres: 15.7 Proposed No. of Lots/Units: 1 lot
GENERAL PLAN AND ZONING
Land Use Designation: PI/OS
Density Allowed: N/A
Existing Zone: L-C
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: OS
Zoning General Plan
Site L-C; CN-S Overlay PI; os
South R-1-Q; OS RM; os
East P-M-Q PI
West C-2-Q R
North CT-Q T-R
Current Land Use
undeveloped
Legoland
open space; residential
~~
office
Costco, restaurants
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A .
ENVIRONMENTAL IMPACT ASSESSMENT u Negative Declaration, issued u Certified Environmental Impact Report, dated
Other, Exempt
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: NORTH COUNTY HABITAT BANK - GPA 04-ISIZC 04-1 IILCPA
04-1 3lCUP 04- 19
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PIIOS
ZONING: L-C & CN-S Overlay
DEVELOPER’S NAME: WESTMARK DEVELOPMENT CORPORATION
ADDRESS: 1902 WRIGHT PLACE, STE 200, CARLSBAD. CA 92008
QUANTITY OF LAND USEIDEVELOPMENT (AC., SQ. FT., DU): 15.7 ac
ESTIMATED COMPLETION DATE: NIA
PHONE NO.: 760-918-5960 ASSESSOR’S PARCEL NO.: 21 1-040-33
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities: Demand in Square Footage = NIA
Library: Demand in Square Footage = NIA
Wastewater Treatment Capacity (Calculate with J. Sewer) NIA
Park: Demand in Acreage = NIA
Drainage : Demand in CFS = NfA
Identify Drainage Basin = C
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire:
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU
Served by Fire Station No. =
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
NIA
4
15.7 ac
NIA
NIA
NIA
NIA
-3 3 City of C a r IS b ad
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Cobcil or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
1.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a cornoration or ~artner~hi~, include %e-
names, title, addresses of all individuals owning more than 10% of the shares.-IF- NO
MDMDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE @/A) IN THE SPACE BELOW If a wned cornoration, include the names, titles, and addresses of the corporate officers ate page may be attached
Person AWL L/C;C corpmt ugmww OS V,€Lu/&m~f CQRf.
Title Title /%&i/QK,tfi
Address /q 0 % w/2/ 6 kc7 & & 200
OWNER (Nat the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in comon, non-profit, corporation, etc.). If the ownership includes a
cornoration or Dartnershiu, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-
owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
@zq-
Address /qO t LufiG2df- f& d 2% CktkbWi-Q, C~I. 920of C4&LS4fW, GAe 4~~J=
Person rhNE COrpFart r&mz
Title Title
Address Address
// -/Of&
1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-4600 - FAX (760) 602-8559 @
/ i.
i -) -- 3. NON-PROFIT 0, T-TION OR TRUST ..
If any person identified pursuant to (1) or (2) above is a nonmofit ormn ization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profiflast j4A- Non
Title Title .
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissio , Committees and/or Council within the past twelve (12) months? 0 Yes If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
all the above information is true and c
pl#@E# /2 Ot+P,I ICU ~&zK R6hFhUdK
Print or type name of owner Print or type name of applicant
(3kL5-4 - - 7/Z7/QP:
Signature of ownedapplicant’s &eat if applicable/date
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Jy
Disclosure Statement
North County Habitat Bank
Additional owners of more than 10%
Richard W. Jenney, Director
3375 Pepper Lane, Suite 102
Las Vegas, NV 89120
John D. Lee, Esq., Secretary
3375 Pepper Lane, Suite 102
Las Vegas, NV 89120
7
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
SAN DlEGO FIELD OFFICE
16885 WEST BERNARD0 DRIVE, SUITE 300A -.-- - SAN DIEGO, CALIFORNIA 92127 /--- . - &. - -<
* .
REPLY TO
ATENTION OF:
Office of the Chief
Regulatory Branch
City of Carlsbad
Planning Department
Ath.1: Elaine Blackburn
1635 Faraday Ave
Carlsbad, CA 92008
- May 13,2005
:.: ,'
Dear Ms. Blackburn:
As you are aware from your April 19: meeting with Ms. Jeannette Baker, of my staff, the
U.S. Army Corps of Engineers Regulatory Branch (Corps) is working with the Westmark Development Corporation (Westmark) to create a new mitigation bank adjacent to Palomar
Mort Road in Carlsbad, San Diego County, California.
We are currently coordinating the review and approval of the Draft Bank Enabling
Instrument (BEI) with Westmark, the U.S. Fish and Wildlife Service, the California Department
of Fish and Game, the Environmental Protection Agency and the Regional Water Quality
Control Board. The Corps recognizes that the creation of a mitigation bank in this part of the County is-a worthwhile effort and we will continue to work with all parties to reach agreement
so that the BE1 can be finalized and the bank can begin selling creQits.
If you have any questions, please contact Jeannette M. Baker of my staff at (858) 674-5385.
Please refer to this letter and 200401047-JMB in your reply.
Sincerely,
-6 Mark Durhqn
:' Chief, South Coast Section
Regulatory Branch
P
City of Carlsbad --> ,
November 1 2,2004
Doug .Gibson
San Elijo Lagoon Conservancy
P.O. Box 230634
Encinitas, CA 92023
SUBJECT: INVASIVE PLANT REMOVL PROGRAM - COP 04-47
Doug,
Consistent with Coastal Commission staff determinations and similar actions by our adjacent
coastal cities, the City of Carlsbad does also determine your invasive Species Removal
Program to be exempt from city reqllirements for a Coastal Development Permit (CDP) unless
the future need is identified to use mechanized equipment within 20 feet of a coastal stream. In
such case, pending Minor CDP 04-47 will be activated and used to process the focused effort
consistent with Section of 21.201.070 A.l .d.
Thanks for your continued efforts within our coastal watersheds.
Sincerely,
ERIC MUNOZ
Senior Planner
c: Don Neu, Assistant Planning Director
Don Rideout, Principal Planner
Bill Ponder, Coastal Commission Staff Planner
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 0 FAX (760) 602-8559 - www.ci.carlsbad.ca.us
NOTICE OF EXEMPTION
TO: RecorderlCounty CIerk Attn: KarenHemandez 1600 Paciflc Wlghway, M.S. A33 san Diego, CA 92101
FROM: County of San Vi Department of PISnnlng and Land Use, M.S..0850 AM: Regulatory Planning Owision Section Secretary
SUBJECT: FILING OF NOTICE Of EXEMPTION IN COMPLIANCE WITH PUBUC RESOURCES CODE SECTION
21108 OR 21152
Project Name: Restoration of Riparian/wetland Habitat in the Carlsbad Hydrologic Unit
Project Location: Lagoons and stream conidom In the Carlsbad Hydrological Unit which encompasses portbns of the cities of Sdana m, Oceanside, San hllarcoe, Vista, Enclnltas, Escondido. and podions of the unlncarporated areas of the County of Ssn Diego. *
.
Project Applicant: County of San Diego and We San EQo Lagoon Con- (Doug Gibson) @w& mtt9~ wphone nm KO. BOX 230634:
Endnftas, CAS2023
-.-. - Project Description: Control of invasive non-nah plants, primarily, Afundo donax, rmmk spp., and corladenla sp.. in the ripadan and adjacent upland habM withln the carlabad Hydraogic
Unit to Increase the native habitat function and Value as well as potanttally improve water quality. Foliar spraying and art8tump treatments of herbicides will be wed by a Ikemsed appkator and ne natlve materiels will be destroyed IWU soil disturbed. Breeding season aw#ance win be mpliad with during all adivities.
caunty of San Olego
Maeve Mey, Environmental Reswrce Manager
Agency Approving Project
County Contac! Person:
Date Form Completed. 09/02/2004
Thii is to advise that the County of San Diego Department of Parks and Recreation has approved the above described project on September 2.2004 and Pound the project to be exempt from he CEQA under the following Criteria:
Telephone. (858) 694-2968
Exemptotlkr8 and apPneab(emcli0n of llm CEQ4Yc)WuState C€CS Guidehs rGT (check only one)
a ~Srocncy Proisd F 210so@X4d 0 WSWXcN
I 0 cbdamd Ernrvsncy [C 21oao@]CJk O WBS(a11
ostatulav€xQsnption. CsdCa c B~ltawnPaofl. Ggeclfon: l~(d}Mii~rn~
I-
0 0 ~5182-RWdenthl Necb Rmuantba SpnMcPlan a 0 15061 @ Wl) - ActMty is exampt from ttm CEQA because It b not P wed as dend in Section 15578. I3 0 15061@X3) - It can be -with cwtainv matthere h nopadbiRythat the aclivlly ~n question may hlvrra fwificdntoffectan the envlmnmont
=si?+-- and tho adivrty is not subject ta the CEW.
Stalsment olreawMwhy PmfSclC emrnpt The proposed prcledb exempt bocsuss itwill msult in irnprov&m!ofhsbibt farft8hand wlldlffn
Sm. Wdl a$ d@t Murgersdbirdspedes, and pot8ntraUyI~~~ h 7 vrithout- sd dhturbam OT
*nsgeka-mpoQr
Planning Commission Minutes September 7,2005 Page 3 EXHIBIT 6
2. GPA 04-15/ZC 04-IIILCPA 04-13/CUP 04-19 - NORTH COUNTY HABITAT BANK -
Request for approval of a General Plan Amendment, Zone Change, Local Coastal
Program Amendment, and Conditional Use Permit to allow the creation of a 15.7-acre
habitat mitigation bank on a site located on the south side of Palomar Airport Road
between Armada Drive and Hidden Valley Road and within Local Facilities Management
Zone 5.
Mr. Neu introduced Item 2 and stated Senior Planner Elaine Blackburn would make the Staff
presentation.
Chairperson Segall opened the public hearing on Item 2.
Ms. Blackburn gave a brief presentation on the item and stated she would be available to answer any
questions.
Chairperson Segall asked if there were any other questions of Staff.
Commissioner Baker asked Ms. Blackburn to explain the general idea for the project. Ms. Blackburn
stated the general idea behind the project is that if there is a site which has the potential to create and
preserve habitat or to enhance habitat which exists, the soil conditions, the location, water, etc., would
make it suitable for that, it could be used as a bank which then those credits would then be sold to people
when they do development projects elsewhere and they have trouble finding a place to mitigate for their
projects. The benefits for choosing a site such as this for the bank is that the soil conditions and the
elevations of the site, etc., lend itself very well to the creation and enhancement of riparian and wetland
vegetation. Beyond that, the site has other adjacent open space around it, some of which can have some
habitat on it which provides a larger area in one location. What staff expects to happen is that when
developers come in for other parcels which they need to mitigate, credits can be bought on this site. It
will be especially useful for smaller developers.
Commissioner Montgomery inquired if there is an agency or entity that will manage or oversee this
habitat. Ms. Blackburn stated that currently the developer has not yet made arrangements for an outside
entity to manage the site but most likely that will happen at some point. Agreements will need to be in
place to ensure the ongoing maintenance and management of the property which is part of the
requirements needed for an implementation agreement through the wildlife agencies.
Cornmissioner Dominguez asked at what point in the process this agreement will happen. Ms. Blackburn
stated that the applicant has been meeting with the wildlife agencies. Typically the agreement would not
be signed off until the City acts on the Conditional Use Permit because the agencies do not want to do
final approval until the City has.
Chairperson Segall asked if there were any further questions of Staff. Chairperson Segall asked if the
applicant wished to speak on the item.
Mark Rohrlick, Westmark Development Company, 1902 Wright Place, Carlsbad, gave a brief presentation
on the project and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of the applicant. Seeing none, he asked if there
were any members of the audience who wished to speak on the item.
Chairperson Segall opened public testimony on the item.
Robert Hotto, 1005 Goldeneye View, Carlsbad, asked if the site’s zone change would make it easier to
build on in the future. He stated that the land is already set aside as habitat, so how many times can you
buy and sell a bank. Mr. Hotto further asked if there were ever to be buildings on the site, would the
applicant or developer indemnify the City for any possible damages done to the site.
Kenneth Gross, 1001 Goldeneye View, Carlsbad, asked if there would ever be a building on the site.
Chairperson Segall asked if there were any questions of the speakers or if there were any other members
of the audience who wished to speak on the item.
Planning Commission Minutes September 7,2005 Page 4
Chairperson Segall asked Staff to respond to the issues raised by the speakers.
Ms. Blackburn stated that the site would be rezoned as Open Space which does not allow for any
commercial, industrial or residential building on the site. Chairperson Segall stated that the site is currently zoned as Planned Industrial which does allow for building but it is being changed to Open Space
so therefore the site is moving away from any development. Ms. Blackburn stated that the northern
portion of the site has a Planned Industrial General Plan designation which therefore could be developed.
This Open Space designation and zoning change reduces the chance to develop the property.
Commissioner Baker asked for Ms. Blackburn to explain the General Plan and Zoning for the benefit of
the speakers. Ms. Blackburn stated that zoning implements the General Plan. The General Plan is a
policy document which guides the nature of development without detail but gives the types of
development allowed on a piece of property. Ms. Blackburn further stated that in this case, this property
is allowed to have some industrial development on the northern portion under the General Plan and the
southern portion of the property is Open Space. With the correct zoning there would be some
development of that northern portion. What the City is doing with this General Plan Amendment and
Zone Change is removing that development potential.
Ms. Blackburn stated that the applicant is not building anything on the site and is actually taking away the
development potential of the site.
In regards to this site already being held as Open Space in perpetuity, Ms. Blackburn stated that is not
the case on this parcel. The City has not entered into any such agreement with regards to this parcel.
There is a parcel adjacent to this site which did enter into an Open Space deed restriction which may be
the site of which the speakers are thinking.
Chairperson Segall asked if the site is not in perpetuity, in order to change the General Plan and Zoning
back to a developable designation would the City then have to take some kind of action. Ms. Blackburn
stated that was correct.
Chairperson Segall stated that Mr. Hotto also submitted a letter to the Planning Commission which was
received at the meeting.
Chairperson Segall closed public testimony on the item.
MOTION
ACT I 0 N : Motion by Commissioner Montgomery, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 5963, 5964, 5965 and
5966 recommending approval of GPA 04-15, ZC 04-1 1, and LCPA 04-13 and
approving CUP 04-19 based upon the findings and subject to the conditions
contained therein.
DISCUSSION
Commissioner Whitton stated he supports the project.
Commissioner Dominguez stated the project is a great idea and he does support it. He further stated that
he believes that a program of this type should be policy guided by some sort of City policy. He questioned that if this project was under the City’s guidance, would this site have been chosen for the first
program for a mitigation bank. He stated it is a brilliant and much needed program, but feels very strongly
that this type of program should come under the policy guidance of the City.
Commissioner Heineman stated he feels this project is very much under the guidance of the City and is
also in favor of it.
Commissioner Cardosa stated his support of the project and would like to see the applicant create a
maintenance and management agreement in the event that the owner sells that parcel, that Habitat
Management Plan remains intact.
33
Planning Commission Minutes September 7,2005 Page 5
Commissioner Baker also stated her support of the project.
Commissioner Montgomery concurred with his fellow Commissioners and supports the project.
Chairperson Segall disclosed that he serves on the Carlsbad Chamber of Commerce Board of Directors
with the applicant, Mark Rohrlick, who did mention the project several months ago in very general terms.
Chairperson Segall stated he supports the project and commended Mr. Rohrlick for coming forward to
buy property and convert it into Open Space.
VOTE: 7-0
AYES:
NOES: None
ABSENT: None
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery, and Whitton
Chairperson Segall closed the Public Hearing on Item 2 and thanked Staff for their presentations.
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
October 07'h, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 07'h Day of October, 2005
A
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Parcel 4 of Parcel Map No. I6860. .
2ASE FILE: GPA 04-15nC 04-1 1LCPA 04-13
SASE NAME: NORTH COUNTY HABITAT BANK
;llY F CARLSBAD ,IN $UNCIL
UCT 1859788 October 07,2005
-~ ~~~ -~
Signature
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a
public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at
6:OO p.m. on Tuesday, October 18, 2005, to consider approval of a General Plan Amendment,
Zone Change, Local Coastal Program Amendment to allow the creation of a 15.7-acre habitat
mitigation bank on a site located on the south side of Palomar Airport Road between Armada
Drive and Hidden Valley Road and within Local Facilities Management Zone 5 and more
particularly described as:
Parcel 4 of Parcel Map No. 16860.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on or after Friday, October 14, 2005. If you
have any questions, please call Elaine Blackburn in the Planning Department at (760) 602-
4621.
If you challenge the General Plan Amendment, Zone Change, and/or Local Coastal Program
Amendment in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered to the
City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior
to the public hearing.
CASE FILE: GPA 04-15/ZC 04-1 I/LCPA 04-13
CASE NAME: NORTH COUNTY HABITAT BANK
PUBLISH: October 7,2005
CITY OF CARLSBAD
CITY COUNCIL
NUT TO SCALE
NORTH COUNTY HABITAT BANK
GPA 04-1 51ZC 04-1 I ILCPA 04-1 3
c @ AmRY@5160@' Jam Free Printing I www.awery.com
Use Avery@ TEMPLATE 5160@' - 1 -800-GO-AVE RY
CARLSBAD UNlF SCHOOL DlST
6225 EL CAMINO REAL
CARLSBAD CA 92011 SAN MARCOS CA 92069 ENClNlTAS CA 92024
SAN MARCOS SCHOOL DlST
1 CIVIC CENTER DR
ENClNlTAS SCHOOL DlST
101 RANCHO SANTA FE RD
SAN DlEGUlTO SCHOOL DlST
701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD
ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024
CARLSBAD CA 92009
LEUCADIA WASTE WATER DlST OLIVENHAIN WATER DlST
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054
CITY OF OCEANSIDE
300 NORTH COAST HWY
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
VAL L E C IT0 S WATER D I ST
201 VALLECITOS DE OR0
SAN MARCOS CA 92069
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE STE 100 STE B
SAN DIEGO CA 92123 91 74 SKY PARK CT 5201 RUFFIN RD
REGIONAL WATER QUALITY SD COUNTY PLANNING
SAN DIEGO CA 92123-4340 SANDIEGO CA 92123
LAFCO AIR POLLUTION CNTRL DlST SANDAG
1600 PACIFIC HWY 9150 CHESAPEAKE DR STE 800
SANDIEGO CA 92101 SANDIEGO CA 92123 401 BSTREET
SAN DIEGO CA 92101
ATTN TED ANASIS
AUTHORITY
PO BOX 82776
U.S. FISH &WILDLIFE CA COASTAL COMMISSION SAN DIEGO COUNTY AIRPORT
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011 7575 METROPOLITAN DR
STE 103
SAN DIEGO CA 92108-4402 SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
RECREATION
09/28/2005
-naLc tmAl13AU a
CITY OF CARLSBAD CITY OF CARLSBAD
PUBLIC W 0 RKS/E N G IN E ERIN G PROJECT PLANNER
DEPT- PROJECT ENGINEER ELAINE BLACKBURN
JEREMY RIDDLE
la& Free Printing
Use Awery@ TEMPLATE 5160@ LCP
DALE OR DONNA SCHREIBER
7163 ARGONAUTA WAY
CARLSBAD CA 92009
- www.avery.com
1 -800-GO-AVE RY -
FLOYD ASHBY
PO BOX 232580
ENClNlTAS CA 92023-2580
GEORGE BOLTON
6583 BLACKRAIL RD
CARLSBAD CA 92009
PERRY A LAMB
890 MERE PT RD
BRUNSWICK ME 04011
LESLIE ESPOSITO
1893 AMELFI DR
ENClNlTAS CA 92024
CYRIUMARY GIBSON
12142 ARGYLE DR
LOS ALAMITOS CA 90702
JOHN LAMB
1446 DEVLIN DR
LOS ANGELES CA 90069
BUREAU OF INDIAN AFFAIRS
2800 COlTAGE WY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
980 NINTH ST STE 2450
SACRAMENTO CA 95814
CALIFORNIA COASTAL COMMISSION
7575 METROPOLITAN DR STE 103
SAN DIEGO CA 92108-4402
CHANNEL ISLANDS NAT'L PARK
1901 SPINNAKER DR
SAN BUENA VENTURA CA 93001
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
COASTAL CONS E RVAN CY
1330 BRDWY STE 1100
OAKLAND CA 94612
COUNTY OF SD SUPERVISOR
1600 PACIFIC HWY RM 335
SAN DIEGO CA 92101
DEPT OF DEFENSE
PO BOX 271 1
LOS ANGELES CA 90053
DEPT OF ENERGY
61 1 RYAN PLZ DR STE 400
ARLINGTON TX 7601 1-4005
DEPT OF FISH & GAME
PO BOX 944246
SACRAMENTO CA 94244-2460
DEPT OF ENERGY
901 MARKET ST STE 350
SAN FRANCISCO CA 94103
DEPT OF FOOD 8 AGRICULTURE
1220 N ST RM 100
SACRAMENTO CA 95814
DEPT OF FORESTRY
PO BOX 944246
SACRAMENTO CA 94244-2460
DEPT OF HOUSING & URBAN DEV
450 GOLDEN GATE AVE
SAN FRANCISCO CA 94102
DEPT OF JUSTICE
110 WEST A ST RM 700
SAN DIEGO CA 92101
DEPT OF TRANSPORTATION
1120 N ST RM 5504
SACRAMENTO CA 95814
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA 90009
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
CARLSBAD CA 9201 1-
LANlKAl LANE PARK
6550 PONTO DR
CARLSBAD CA 92008
MARINE RESOURCES REG, DR 8 G
4665 LAMPSON AVE STE J
LOS ALAMITOS CA 90720-5139
OFF OF PLANNING & RESEARCH
PO BOX 3044
SACRAMENTO CA 95812-3044
S D CO PLANNING & LAND USE DEPT
SAN DIEGO CA 92123
5201 RUFFIN RD STE B-5
SAN FRANCISCO BAY CONSERV &
DEV COM
50 CALIFORNIA ST STE 2600
SAN FRANCISCO CA 94111-4704
Jam Free Printing
Use Awery@ TEMPLATE 5160@' LcP
SANDAG-EXEC DIRECTOR
1 ST INT'L PLZ 401 "B" ST STE 800
SAN DIEGO CA 92101
STATE LANDS COMMISSION
100 HOWE AVE STE 100 S
SACRAMENTO CA 95825-8202
U S BUREAU OF LAND MGMT
2800 COTTAGE WAY STE RM W1834
SACRAMENTO CA 95825
USDA - RURAL DEVELOPMENT
430 "G" ST DEPT 4169
DAVIS CA 95616
I www.avery.com - 1 -800-GO-AVERY
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123-
TABATA FARMS
PO BOX 1338
CARLSBAD CA 92018-1338
U S BUREAU OF RECLAMATION
2800 COTTAGE WAY
SACRAMENTO CA 95825
WATER RESOURCES CONTROL BRD
PO BOX 100
SACRAMENTO CA 95801
STATE LANDS COMMISSION
100 HOWE AVE STE 1005
SACRAMENTO CA 95825-8202
U S ARMY CORPS OF ENGINEERS
333 MARKET ST STE 702
SAN FRANCISCO CA 94105-2197
U S FISH &WILDLIFE SERVICE
2800 COTTAGE WAY STE W-2605
SACRAMENTO CA 95825-1888
Rec# 1
C B RANCH ENTERPRISES
5600 AVENIDA ENCINAS 106
CARLSBAD, CA 92008-4452
Rec# 3
WESTMARK DEV CORP
1902 WRIGHT PL 200
CARLSBAD, CA 920084583
Red: 5
RATION
A 98027-8990
Ret# 9
KATHLEEN M 8 ANGEL M TORRES
1017 GOLDENEYE VW
CARLSBAD. CA 92009-1223
Rec# 11
KRISTEN K 8 DALE J PENK
1009 GOLDENEYE VW
CARLSBAD. CA 92009-1 223
Re&: 13
1001 GOLDENEYE VW
GROSS FAMILY TRUST 02-12-01
CARLSBAD, CA 92009-1223
Rec#: 15
999 TURNSTONE RD
CARLSBAD. CA 92009-1216
JOHNS FAMILY TRUST 12-12-88
Rec# 17
991 TURNSTONE RD
RESTA OLGA TRUST 08-14-98
CARLSBAD, CA 92009-1216
Re&: 19
LESLIE A 8 RUBEN P LAZO
983 TURNSTONE RD
CARLSBAD. CA 92009-1216
Rec#: 2
COSTCO WHOLESALE CORPORATION
999 LAKE DR
ISSAQUAH, WA 98027-8990
Rec#: 4
OSCARS CARLSBAD L L C
10679 WESTVIEW PKWY
SAN DIEGO, CA 92126-2961
Rec#: 6
FENTON H G COMPANY
7588 METROPOLITAN DR
SAN DIEGO, CA 92108-4401
Rec# 8
Rec#: 10
GARRIE L &JAMES M JR RHODES
1013 GOLDENEYE VW
CARLSBAD, CA 92009-1223
Rec# 12
MARY B & ROBERT HOTTO
1005 GOLDENEYE VW
CARLSBAD, CA 92009-1223
Rec# 14
1004 GOLDENEYE VW
BlGLAlSER MARCIA TRUST 10-27-97
CARLSBAD, CA 92009-1222
Rec# 16
995 TURNSTONE RD
COREY JOSEPH G TRUST 10-19-78
CARLSBAD, CA 92009-1216
Rec# 18
JENNIFER P & DUANE T OCONNELL
987 TURNSTONE RD
CARLSBAD, CA 92009-1216
Rec# 20
TAMARA M & STEVEN S OGG
979 TURNSTONE RD
CARLSBAD. CA 92009-1216
Red: 21
LOPEZ JEANNE TRUST
986 TURNSTONE RD
CARLSBAD, CA 92009-1215
Rec#: 23
SUNG OK & CHUNG CHUL CHO
994 TURNSTONE RD
CARLSBAD, CA 92009-1215
Rec# 25
LEONE FAMILY TRUST
1002 TURNSTONE RD
CARLSBAD, CA 92009-1217
Rec# 27
RAMONA A & DONALD L JR CROWELL
I010 TURNSTONE RD
CARLSBAD, CA 92009-1217
Re&: 29
LEGOLAND CALIFORNIA INC LF LEGOLAND ESTATES AG
1 LEGOLAND DR
CARLSBAD, CA 92008-4610
Re&: 22
AGATHA A 8 JAMES YOUNGBLOOD
990 TURNSTONE RD
CARLSBAD, CA 92009-1215
Rec# 24
998 TURNSTONE RD
DUCLOS FAMILY TRUST 11-14-96
CARLSBAD, CA 92009-1215
Rec#: 26
1006 TURNSTONE RD
JANET M 09-07-01 PETERSON
CARLSBAD, CA 92009-1217
Rec# 28
SEABRIGHT CARLSBAD HOMEOWNERS ASSN
438 CAMINO DEL RIO S 1128
SAN DIEGO, CA 92108-3546
Rec# 30
KELLY CORPORATE CENTER I A LLC
6005 HIDDEN VALLEY RD 150
CARLSBAD, CA 92009-4224
North County Habitat BankNorth County Habitat BankGPA 04GPA 04--15/ZC 0415/ZC 04--11/LCPA 0411/LCPA 04--13/13/CUP 04CUP 04--1919
Location MapLocation MapPALOMAR AIRPORT RDH I D D EN V A L LEY R D
ARMADA DRI-5PASEO DEL NORTETOPM A S T D R
TU RNSTONE RDGOLDENEYE VWM ER L IN D R
SEA GATE RDFLEET STWIND DRIFT D RSITE
Project DescriptionProject DescriptionzCreation of a habitat mitigation bank for sale of creditsz15.7 acres of creditszPrimarily wetlands and riparian vegetation
Legislative ActionsLegislative ActionszGeneral Plan Amendment–From PI (northern portion) and OS (southern portion) to OS for entire parcelzZone Change–From L-C to OSzLocal Coastal Program Amendment–To ensure consistency between Coastal and City General Plan and zoning maps
Habitat Management PlanHabitat Management PlanzNorthern half of site (PI) designated as a developable areazSouthern half of site (OS) designated as hard line open space
Coastal ProgramCoastal ProgramzMello II Segment of Coastal ProgramzExempt from requirement for Coastal Development Permit–No grading/soil disturbance–No mechanized equipment
Environmental ReviewEnvironmental ReviewzExempt from CEQA–General Rule
Planning Commission ActionsPlanning Commission ActionszApproval of CUP 04-19 (September 7, 2005)zRecommendation of approval of GPA 04-15, ZC 04-11, and LCPA 04-13